H. B. No. 620 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 620

Representatives Stewart, J., Strahorn

A BILL

To amend sections 9.239, 9.55, 101.37, 101.39,

109.57, 109.572, 109.71, 109.77, 109.86, 121.02,

121.03, 121.32, 121.36, 121.37, 123.01, 124.11,

124.27, 124.381, 125.602, 125.603, 126.32, 127.16,

140.01, 140.03, 140.05, 145.012, 154.17, 154.20,

173.03, 2108.521, 2109.01, 2109.04, 2111.01,

2111.02, 2111.10, 2133.25, 2151.011, 2151.421,

2903.33, 2919.271, 2921.36, 2921.38, 2930.061,

2935.03, 2945.37, 2945.371, 2945.38, 2945.39,

2945.40, 2945.401, 2967.22, 3301.15, 3304.231,

3313.65, 3313.715, 3323.01, 3323.021, 3323.03,

3323.04, 3323.07, 3323.09, 3323.091, 3323.141,

3323.31, 3501.01, 3701.78, 3705.36, 3721.01,

3721.14, 3722.01, 3727.01, 3735.58, 4115.32,

4723.071, 5101.35, 5101.46, 5103.02, 5103.13,

5104.08, 5107.24, 5111.042, 5111.151, 5111.202,

5111.203, 5111.211, 5111.251, 5111.291, 5111.65,

5111.677, 5111.709, 5111.87, 5111.871, 5111.872,

5111.873, 5111.874, 5111.875, 5111.876, 5111.8710,

5111.915, 5112.30, 5112.32, 5112.37, 5112.371,

5119.16, 5119.221, 5119.51, 5120.135, 5121.01,

5121.02, 5121.03, 5121.04, 5121.05, 5121.051,

5121.06, 5121.061, 5121.07, 5121.08, 5121.09,

5121.10, 5121.11, 5121.12, 5123.01, 5123.012,

5123.02, 5123.021, 5123.03, 5123.031, 5123.032,

5123.033, 5123.04, 5123.042, 5123.043, 5123.044,

5123.046, 5123.047, 5123.048, 5123.049, 5123.0410,

5123.0411, 5123.0412, 5123.0413, 5123.0414,

5123.0415, 5123.0416, 5123.0417, 5123.05,

5123.051, 5123.06, 5123.07, 5123.08, 5123.081,

5123.082, 5123.083, 5123.09, 5123.091, 5123.092,

5123.093, 5123.10, 5123.11, 5123.12, 5123.122,

5123.13, 5123.14, 5123.15, 5123.16, 5123.161,

5123.162, 5123.163, 5123.164, 5123.166, 5123.167,

5123.168, 5123.169, 5123.17, 5123.171, 5123.172,

5123.18, 5123.181, 5123.19, 5123.191, 5123.194,

5123.195, 5123.196, 5123.198, 5123.21, 5123.211,

5123.22, 5123.221, 5123.23, 5123.24, 5123.25,

5123.26, 5123.27, 5123.28, 5123.29, 5123.30,

5123.31, 5123.33, 5123.34, 5123.35, 5123.351,

5123.352, 5123.36, 5123.37, 5123.371, 5123.372,

5123.373, 5123.374, 5123.375, 5123.38, 5123.40,

5123.41, 5123.42, 5123.421, 5123.43, 5123.44,

5123.45, 5123.451, 5123.47, 5123.50, 5123.51,

5123.52, 5123.53, 5123.54, 5123.541, 5123.542,

5123.55, 5123.56, 5123.57, 5123.58, 5123.59,

5123.60, 5123.601, 5123.604, 5123.61, 5123.611,

5123.612, 5123.613, 5123.614, 5123.63, 5123.64,

5123.65, 5123.71, 5123.711, 5123.72, 5123.73,

5123.75, 5123.76, 5123.801, 5123.81, 5123.811,

5123.82, 5123.85, 5123.86, 5123.89, 5123.90,

5123.96, 5126.01, 5126.026, 5126.0210, 5126.0217,

5126.0221, 5126.0223, 5126.0226, 5126.033,

5126.04, 5126.041, 5126.042, 5126.044, 5126.045,

5126.046, 5126.05, 5126.051, 5126.054, 5126.055,

5126.056, 5126.0510, 5126.0511, 5126.071, 5126.08,

5126.081, 5126.082, 5126.10, 5126.11, 5126.12,

5126.121, 5126.13, 5126.15, 5126.18, 5126.19,

5126.22, 5126.24, 5126.25, 5126.251, 5126.252,

5126.27, 5126.28, 5126.281, 5126.29, 5126.31,

5126.311, 5126.313, 5126.333, 5126.34, 5126.40,

5126.42, 5126.43, 5139.08, 5139.34, 5145.18,

5153.16, 5511.03, 5815.28, and 5815.35; to amend

section 5123.011 as it results from Am. Sub. S.B.

156 of the 119th General Assembly; to enact

section 5123.013 of the Revised Code; to amend

Sections 213.30, 293.30, 309.31.60, 309.31.70,

335.40.10, 337.10, 337.20.10, 337.30.10,

337.30.20, 337.30.30, 337.30.40, 337.30.60,

337.30.70, 337.30.80, 337.40.10, and 337.40.30 of

Am. Sub. H.B. 119 of the 127th General Assembly,

to amend Sections 337.30.43, 337.40, and 337.40.15

of Am. Sub. H.B. 119 of the 127th General

Assembly as subsequently amended, to amend

Sections 201.60.30, 209.60.40, 209.60.50, and

501.40 of H.B. 496 of the 127th General Assembly,

to amend Sections 231.20.30, 231.30.10,

231.30.20, 253.10, and 751.10 of Am. Sub. H.B.

562 of the 127th General Assembly, and to amend

Section 4 of Am. Sub. H.B. 516 of the 125th

General Assembly, as subsequently amended, to

change the name of the Department of Mental

Retardation and Developmental Disabilities to the

Department of Developmental Disabilities and to

make similar name changes for the Joint Council on

Mental Retardation and Developmental Disabilities,

the Mental Retardation and Developmental

Disabilities Developmental Center Closure

Commission, and certain state funds.

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

Section 1. That sections 9.239, 9.55, 101.37, 101.39, 109.57,	90
109.572, 109.71, 109.77, 109.86, 121.02, 121.03, 121.32, 121.36,	91
121.37, 123.01, 124.11, 124.27, 124.381, 125.602, 125.603, 126.32,	92
127.16, 140.01, 140.03, 140.05, 145.012, 154.17, 154.20, 173.03,	93
2108.521, 2109.01, 2109.04, 2111.01, 2111.02, 2111.10, 2133.25,	94
2151.011, 2151.421, 2903.33, 2919.271, 2921.36, 2921.38, 2930.061,	95
2935.03, 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401,	96
2967.22, 3301.15, 3304.231, 3313.65, 3313.715, 3323.01, 3323.021,	97
3323.03, 3323.04, 3323.07, 3323.09, 3323.091, 3323.141, 3323.31,	98
3501.01, 3701.78, 3705.36, 3721.01, 3721.14, 3722.01, 3727.01,	99
3735.58, 4115.32, 4723.071, 5101.35, 5101.46, 5103.02, 5103.13,	100
5104.08, 5107.24, 5111.042, 5111.151, 5111.202, 5111.203,	101
5111.211, 5111.251, 5111.291, 5111.65, 5111.677, 5111.709,	102
5111.87, 5111.871, 5111.872, 5111.873, 5111.874, 5111.875,	103
5111.876, 5111.8710, 5111.915, 5112.30, 5112.32, 5112.37,	104
5112.371, 5119.16, 5119.221, 5119.51, 5120.135, 5121.01, 5121.02,	105
5121.03, 5121.04, 5121.05, 5121.051, 5121.06, 5121.061, 5121.07,	106
5121.08, 5121.09, 5121.10, 5121.11, 5121.12, 5123.01, 5123.012,	107
5123.02, 5123.021, 5123.03, 5123.031, 5123.032, 5123.033, 5123.04,	108
5123.042, 5123.043, 5123.044, 5123.046, 5123.047, 5123.048,	109
5123.049, 5123.0410, 5123.0411, 5123.0412, 5123.0413, 5123.0414,	110
5123.0415, 5123.0416, 5123.0417, 5123.05, 5123.051, 5123.06,	111
5123.07, 5123.08, 5123.081, 5123.082, 5123.083, 5123.09, 5123.091,	112
5123.092, 5123.093, 5123.10, 5123.11, 5123.12, 5123.122, 5123.13,	113
5123.14, 5123.15, 5123.16, 5123.161, 5123.162, 5123.163, 5123.164,	114
5123.166, 5123.167, 5123.168, 5123.169, 5123.17, 5123.171,	115
5123.172, 5123.18, 5123.181, 5123.19, 5123.191, 5123.194,	116
5123.195, 5123.196, 5123.198, 5123.21, 5123.211, 5123.22,	117
5123.221, 5123.23, 5123.24, 5123.25, 5123.26, 5123.27, 5123.28,	118
5123.29, 5123.30, 5123.31, 5123.33, 5123.34, 5123.35, 5123.351,	119
5123.352, 5123.36, 5123.37, 5123.371, 5123.372, 5123.373,	120
5123.374, 5123.375, 5123.38, 5123.40, 5123.41, 5123.42, 5123.421,	121
5123.43, 5123.44, 5123.45, 5123.451, 5123.47, 5123.50, 5123.51,	122
5123.52, 5123.53, 5123.54, 5123.541, 5123.542, 5123.55, 5123.56,	123
5123.57, 5123.58, 5123.59, 5123.60, 5123.601, 5123.604, 5123.61,	124
5123.611, 5123.612, 5123.613, 5123.614, 5123.63, 5123.64, 5123.65,	125
5123.71, 5123.711, 5123.72, 5123.73, 5123.75, 5123.76, 5123.801,	126
5123.81, 5123.811, 5123.82, 5123.85, 5123.86, 5123.89, 5123.90,	127
5123.96, 5126.01, 5126.026, 5126.0210, 5126.0217, 5126.0221,	128
5126.0223, 5126.0226, 5126.033, 5126.04, 5126.041, 5126.042,	129
5126.044, 5126.045, 5126.046, 5126.05, 5126.051, 5126.054,	130
5126.055, 5126.056, 5126.0510, 5126.0511, 5126.071, 5126.08,	131
5126.081, 5126.082, 5126.10, 5126.11, 5126.12, 5126.121, 5126.13,	132
5126.15, 5126.18, 5126.19, 5126.22, 5126.24, 5126.25, 5126.251,	133
5126.252, 5126.27, 5126.28, 5126.281, 5126.29, 5126.31, 5126.311,	134
5126.313, 5126.333, 5126.34, 5126.40, 5126.42, 5126.43, 5139.08,	135
5139.34, 5145.18, 5153.16, 5511.03, 5815.28, and 5815.35 and	136
section 5123.011 as it results from Am. Sub. S.B. 156 of the 119th	137
General Assembly be amended and section 5123.013 of the Revised	138
Code be enacted to read as follows:	139

Sec. 9.239. (A) There is hereby created the government	140
contracting advisory council. The attorney general and auditor of	141
state shall consult with the council on the performance of their	142
rule-making functions under sections 9.237 and 9.238 of the	143
Revised Code and shall consider any recommendations of the	144
council. The director of job and family services shall annually	145
report to the council the cost methodology of the medicaid-funded	146
services described in division (A)(3)(d) of section 9.231 of the	147
Revised Code. The council shall consist of the following members	148
or their designees:	149

(1) The attorney general;

150

(2) The auditor of state;

151

(3) The director of administrative services;

152

(4) The director of aging;

153

(5) The director of alcohol and drug addiction services;

154

(6) The director of budget and management;

155

(7) The director of development;

156

(8) The director of job and family services;

157

(9) The director of mental health;

158

(10) The director of ~~mental retardation and~~ developmental	159
disabilities;	160

(11) The director of rehabilitation and correction;

161

(12) The administrator of workers' compensation;

162

(13) The executive director of the county commissioners'	163
association of Ohio;	164

(14) The president of the Ohio grantmakers forum;

165

(15) The president of the Ohio chamber of commerce;

166

(16) The president of the Ohio state bar association;

167

(17) The president of the Ohio society of certified public	168
accountants;	169

(18) The executive director of the Ohio association of	170
nonprofit organizations;	171

(19) The president of the Ohio united way;

172

(20) One additional member appointed by the attorney general;

173

(21) One additional member appointed by the auditor of state.

174

(B) If an agency or organization represented on the council	175
ceases to exist in the form it has on ~~the effective date of this~~	176
~~section~~September 29, 2005, the successor agency or organization	177
shall be represented in its place. If there is no successor agency	178
or organization, or if it is not clear what agency or organization	179
is the successor, the attorney general shall designate an agency	180
or organization to be represented in place of the agency or	181
organization originally represented on the council.	182

(C) The two members appointed to the council shall serve	183
three-year terms. Original appointments shall be made not later	184
than sixty days after ~~the effective date of this section~~September	185
29, 2005. Vacancies on the council shall be filled in the same	186
manner as the original appointment.	187

(D) The attorney general or the attorney general's designee	188
shall be the chairperson of the council. The council shall meet at	189
least once every two years to review the rules adopted under	190
sections 9.237 and 9.238 of the Revised Code and to make	191
recommendations to the attorney general and auditor of state	192
regarding the adoption, amendment, or repeal of those rules. The	193
council shall also meet at other times as requested by the	194
attorney general or auditor of state.	195

(E) Members of the council shall serve without compensation	196
or reimbursement.	197

(F) The office of the attorney general shall provide	198
necessary staff, facilities, supplies, and services to the	199
council.	200

(G) Sections 101.82 to 101.87 of the Revised Code do not	201
apply to the council.	202

Sec. 9.55. (A) As used in this section, "state agency" means	203
the house of representatives, the senate, the governor, the	204
secretary of state, the auditor of state, the treasurer of state,	205
the attorney general, the department of job and family services,	206
the department of commerce, the department of ~~mental retardation~~	207
~~and~~ developmental disabilities, the department of education, the	208
department of health, the department of aging, the governor's	209
office of advocacy for disabled persons, and the civil rights	210
commission.	211

(B) Each state agency shall install in its offices at least	212
one teletypewriter designed to receive printed messages from and	213
transmit printed messages to deaf or hearing-impaired persons.	214

Sec. 101.37. (A) There is hereby created the joint council on	215
~~mental retardation and~~ developmental disabilities. The joint	216
council shall consist of three members of the house of	217
representatives appointed by the speaker of the house of	218
representatives, not more than two of whom shall be members of the	219
same political party, three members of the senate appointed by the	220
president of the senate, not more than two of whom shall be	221
members of the same political party, and the director of ~~mental~~	222
~~retardation and~~ developmental disabilities. At least one member of	223
the joint council appointed by the speaker of the house of	224
representatives and at least one member appointed by the president	225
of the senate shall be a member of the house or senate committee	226
with primary responsibility for appropriation issues and at least	227
one member appointed by the speaker and at least one member	228
appointed by the president shall be a member of the house or	229
senate committee with primary responsibility for human services	230
issues.	231

Members of the joint council shall be reimbursed for their	232
actual and necessary expenses incurred in the performance of their	233
official duties, provided that reimbursement for such expenses	234
shall not exceed limits imposed upon the department of ~~mental~~	235
~~retardation and~~ developmental disabilities by administrative rules	236
regulating travel within this state. Members shall receive no	237
other compensation.	238

The joint council shall organize itself within fifteen days	239
after the commencement of each regular session of the general	240
assembly by electing a chairperson and vice-chairperson. The joint	241
council may meet upon the call of the chairperson, the director,	242
or on the request of any three members.	243

Members of the joint council who are appointed from the	244
general assembly shall serve until the expiration of their terms	245
in the general assembly. Any vacancies occurring among the general	246
assembly members of the joint council shall be filled in the	247
manner of the original appointment.	248

(B) The joint council shall do all of the following:

249

(1) Appoint the original members of the citizen's advisory	250
council at any institution under the control of the department of	251
~~mental retardation and~~ developmental disabilities that is created	252
after November 15, 1981;	253

(2) Make final determinations in any dispute between the	254
director of ~~mental retardation and~~ developmental disabilities and	255
a citizen's advisory council concerning the appointment of members	256
to the citizen's advisory council, as provided for in section	257
5123.092 of the Revised Code;	258

(3) Receive reports from citizen's advisory councils on or	259
before the thirty-first day of January of each year, as required	260
by section 5123.093 of the Revised Code;	261

(4) Receive reports as appropriate concerning extenuating	262
circumstances at institutions under the control of the department	263
of ~~mental retardation and~~ developmental disabilities;	264

(5) Conduct reviews and make recommendations to the director	265
of ~~mental retardation and~~ developmental disabilities with respect	266
to any disputes between the department of ~~mental retardation and~~	267
developmental disabilities and entities that have entered into	268
contracts with the department for the provision of protective	269
services to individuals with mental retardation or developmental	270
disabilities;	271

(6) Provide the director of ~~mental retardation and~~	272
developmental disabilities with advice on legislative and fiscal	273
issues affecting the department of ~~mental retardation and~~	274
developmental disabilities, county boards of mental retardation	275
and developmental disabilities, persons with mental retardation or	276
developmental disabilities, and providers of services to persons	277
with mental retardation or developmental disabilities and on	278
related issues the director requests the joint council to address;	279

(7) On behalf of the director of ~~mental retardation and~~	280
developmental disabilities, advocate to the general assembly	281
legislative issues about which the joint council has provided	282
advice to the director.	283

(C) Reports and any correspondence received by the joint	284
council shall be deposited with the legislative service	285
commission, which shall retain them for not less than three years	286
after the date of deposit.	287

Sec. 101.39. (A) There is hereby created the joint	288
legislative committee on health care oversight. The committee may	289
review or study any matter related to the provision of health care	290
services that it considers of significance to the citizens of this	291
state, including the availability of health care, the quality of	292
health care, the effectiveness and efficiency of managed care	293
systems, and the operation of the medical assistance program	294
established under Chapter 5111. of the Revised Code or other	295
government health programs.	296

The department of job and family services, department of	297
health, department of aging, department of mental health,	298
department of ~~mental retardation and~~ developmental disabilities,	299
department of alcohol and drug addiction services, and other state	300
agencies shall cooperate with the committee in its study and	301
review of health care issues. On request, the departments shall	302
provide the committee with reports and other information	303
sufficient for the committee to fulfill its duties.	304

The committee may issue recommendations as it determines	305
appropriate. The recommendations may be made to the general	306
assembly, state agencies, private industry, or any other entity.	307

(B) The committee shall consist of the following members of	308
the general assembly: the chairperson of the senate's standing	309
committee with primary responsibility for health legislation, the	310
chairperson of the house of representatives' standing committee	311
with primary responsibility for health legislation, four members	312
of the house of representatives appointed by the speaker of the	313
house of representatives, and four members of the senate appointed	314
by the president of the senate. Not more than two members	315
appointed by the speaker of the house of representatives and not	316
more than two members appointed by the president of the senate may	317
be of the same political party. Except in 1995, appointments	318
shall be made not later than fifteen days after the commencement	319
of the first regular session of each general assembly. The	320
chairpersons of the standing committees with primary	321
responsibility for health legislation shall serve as	322
co-chairpersons of the committee.	323

Each member of the committee shall hold office during the	324
general assembly in which the member is appointed and until a	325
successor has been appointed, notwithstanding the adjournment sine	326
die of the general assembly in which the member was appointed or	327
the expiration of the member's term as a member of the general	328
assembly. Any vacancies occurring among the members of the	329
committee shall be filled in the manner of the original	330
appointment.	331

The committee shall meet at least quarterly and at the call	332
of the co-chairpersons. The co-chairpersons shall determine the	333
time, place, and agenda for each meeting of the committee.	334

The committee has the same powers as other standing or select	335
committees of the general assembly. The committee may request	336
assistance from the legislative service commission ~~and the~~	337
~~legislative budget office of the legislative service commission~~.	338

Sec. 109.57. (A)(1) The superintendent of the bureau of	339
criminal identification and investigation shall procure from	340
wherever procurable and file for record photographs, pictures,	341
descriptions, fingerprints, measurements, and other information	342
that may be pertinent of all persons who have been convicted of	343
committing within this state a felony, any crime constituting a	344
misdemeanor on the first offense and a felony on subsequent	345
offenses, or any misdemeanor described in division (A)(1)(a),	346
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	347
of all children under eighteen years of age who have been	348
adjudicated delinquent children for committing within this state	349
an act that would be a felony or an offense of violence if	350
committed by an adult or who have been convicted of or pleaded	351
guilty to committing within this state a felony or an offense of	352
violence, and of all well-known and habitual criminals. The	353
person in charge of any county, multicounty, municipal,	354
municipal-county, or multicounty-municipal jail or workhouse,	355
community-based correctional facility, halfway house, alternative	356
residential facility, or state correctional institution and the	357
person in charge of any state institution having custody of a	358
person suspected of having committed a felony, any crime	359
constituting a misdemeanor on the first offense and a felony on	360
subsequent offenses, or any misdemeanor described in division	361
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	362
Revised Code or having custody of a child under eighteen years of	363
age with respect to whom there is probable cause to believe that	364
the child may have committed an act that would be a felony or an	365
offense of violence if committed by an adult shall furnish such	366
material to the superintendent of the bureau. Fingerprints,	367
photographs, or other descriptive information of a child who is	368
under eighteen years of age, has not been arrested or otherwise	369
taken into custody for committing an act that would be a felony	370
or an offense of violence who is not in any other category of	371
child specified in this division, if committed by an adult, has	372
not been adjudicated a delinquent child for committing an act	373
that would be a felony or an offense of violence if committed by	374
an adult, has not been convicted of or pleaded guilty to	375
committing a felony or an offense of violence, and is not a child	376
with respect to whom there is probable cause to believe that the	377
child may have committed an act that would be a felony or an	378
offense of violence if committed by an adult shall not be	379
procured by the superintendent or furnished by any person in	380
charge of any county, multicounty, municipal, municipal-county,	381
or multicounty-municipal jail or workhouse, community-based	382
correctional facility, halfway house, alternative residential	383
facility, or state correctional institution, except as authorized	384
in section 2151.313 of the Revised Code.	385

(2) Every clerk of a court of record in this state, other	386
than the supreme court or a court of appeals, shall send to the	387
superintendent of the bureau a weekly report containing a summary	388
of each case involving a felony, involving any crime constituting	389
a misdemeanor on the first offense and a felony on subsequent	390
offenses, involving a misdemeanor described in division (A)(1)(a),	391
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	392
or involving an adjudication in a case in which a child under	393
eighteen years of age was alleged to be a delinquent child for	394
committing an act that would be a felony or an offense of	395
violence if committed by an adult. The clerk of the court of	396
common pleas shall include in the report and summary the clerk	397
sends under this division all information described in divisions	398
(A)(2)(a) to (f) of this section regarding a case before the	399
court of appeals that is served by that clerk. The summary shall	400
be written on the standard forms furnished by the superintendent	401
pursuant to division (B) of this section and shall include the	402
following information:	403

(a) The incident tracking number contained on the standard	404
forms furnished by the superintendent pursuant to division (B) of	405
this section;	406

(b) The style and number of the case;

407

408

(d) The date that the person was convicted of or pleaded	409
guilty to the offense, adjudicated a delinquent child for	410
committing the act that would be a felony or an offense of	411
violence if committed by an adult, found not guilty of the	412
offense, or found not to be a delinquent child for committing an	413
act that would be a felony or an offense of violence if committed	414
by an adult, the date of an entry dismissing the charge, an entry	415
declaring a mistrial of the offense in which the person is	416
discharged, an entry finding that the person or child is not	417
competent to stand trial, or an entry of a nolle prosequi, or the	418
date of any other determination that constitutes final resolution	419
of the case;	420

(e) A statement of the original charge with the section of	421
the Revised Code that was alleged to be violated;	422

(f) If the person or child was convicted, pleaded guilty, or	423
was adjudicated a delinquent child, the sentence or terms of	424
probation imposed or any other disposition of the offender or the	425
delinquent child.	426

If the offense involved the disarming of a law enforcement	427
officer or an attempt to disarm a law enforcement officer, the	428
clerk shall clearly state that fact in the summary, and the	429
superintendent shall ensure that a clear statement of that fact is	430
placed in the bureau's records.	431

(3) The superintendent shall cooperate with and assist	432
sheriffs, chiefs of police, and other law enforcement officers in	433
the establishment of a complete system of criminal identification	434
and in obtaining fingerprints and other means of identification of	435
all persons arrested on a charge of a felony, any crime	436
constituting a misdemeanor on the first offense and a felony on	437
subsequent offenses, or a misdemeanor described in division	438
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	439
Revised Code and of all children under eighteen years of age	440
arrested or otherwise taken into custody for committing an act	441
that would be a felony or an offense of violence if committed by	442
an adult. The superintendent also shall file for record the	443
fingerprint impressions of all persons confined in a county,	444
multicounty, municipal, municipal-county, or multicounty-municipal	445
jail or workhouse, community-based correctional facility, halfway	446
house, alternative residential facility, or state correctional	447
institution for the violation of state laws and of all children	448
under eighteen years of age who are confined in a county,	449
multicounty, municipal, municipal-county, or multicounty-municipal	450
jail or workhouse, community-based correctional facility, halfway	451
house, alternative residential facility, or state correctional	452
institution or in any facility for delinquent children for	453
committing an act that would be a felony or an offense of violence	454
if committed by an adult, and any other information that the	455
superintendent may receive from law enforcement officials of the	456
state and its political subdivisions.	457

(4) The superintendent shall carry out Chapter 2950. of the	458
Revised Code with respect to the registration of persons who are	459
convicted of or plead guilty to a sexually oriented offense or a	460
child-victim oriented offense and with respect to all other duties	461
imposed on the bureau under that chapter.	462

(5) The bureau shall perform centralized recordkeeping	463
functions for criminal history records and services in this state	464
for purposes of the national crime prevention and privacy compact	465
set forth in section 109.571 of the Revised Code and is the	466
criminal history record repository as defined in that section for	467
purposes of that compact. The superintendent or the	468
superintendent's designee is the compact officer for purposes of	469
that compact and shall carry out the responsibilities of the	470
compact officer specified in that compact.	471

(B) The superintendent shall prepare and furnish to every	472
county, multicounty, municipal, municipal-county, or	473
multicounty-municipal jail or workhouse, community-based	474
correctional facility, halfway house, alternative residential	475
facility, or state correctional institution and to every clerk of	476
a court in this state specified in division (A)(2) of this section	477
standard forms for reporting the information required under	478
division (A) of this section. The standard forms that the	479
superintendent prepares pursuant to this division may be in a	480
tangible format, in an electronic format, or in both tangible	481
formats and electronic formats.	482

(C)(1) The superintendent may operate a center for	483
electronic, automated, or other data processing for the storage	484
and retrieval of information, data, and statistics pertaining to	485
criminals and to children under eighteen years of age who are	486
adjudicated delinquent children for committing an act that would	487
be a felony or an offense of violence if committed by an adult,	488
criminal activity, crime prevention, law enforcement, and criminal	489
justice, and may establish and operate a statewide communications	490
network to gather and disseminate information, data, and	491
statistics for the use of law enforcement agencies and for other	492
uses specified in this division. The superintendent may gather,	493
store, retrieve, and disseminate information, data, and statistics	494
that pertain to children who are under eighteen years of age and	495
that are gathered pursuant to sections 109.57 to 109.61 of the	496
Revised Code together with information, data, and statistics that	497
pertain to adults and that are gathered pursuant to those	498
sections.	499

(2) The superintendent or the superintendent's designee shall	500
gather information of the nature described in division (C)(1) of	501
this section that pertains to the offense and delinquency history	502
of a person who has been convicted of, pleaded guilty to, or been	503
adjudicated a delinquent child for committing a sexually oriented	504
offense or a child-victim oriented offense for inclusion in the	505
state registry of sex offenders and child-victim offenders	506
maintained pursuant to division (A)(1) of section 2950.13 of the	507
Revised Code and in the internet database operated pursuant to	508
division (A)(13) of that section and for possible inclusion in the	509
internet database operated pursuant to division (A)(11) of that	510
section.	511

(3) In addition to any other authorized use of information,	512
data, and statistics of the nature described in division (C)(1)	513
of this section, the superintendent or the superintendent's	514
designee may provide and exchange the information, data, and	515
statistics pursuant to the national crime prevention and privacy	516
compact as described in division (A)(5) of this section.	517

(D) The information and materials furnished to the	518
superintendent pursuant to division (A) of this section and	519
information and materials furnished to any board or person under	520
division (F) or (G) of this section are not public records under	521
section 149.43 of the Revised Code. The superintendent or the	522
superintendent's designee shall gather and retain information so	523
furnished under division (A) of this section that pertains to the	524
offense and delinquency history of a person who has been convicted	525
of, pleaded guilty to, or been adjudicated a delinquent child for	526
committing a sexually oriented offense or a child-victim oriented	527
offense for the purposes described in division (C)(2) of this	528
section.	529

(E) The attorney general shall adopt rules, in accordance	530
with Chapter 119. of the Revised Code, setting forth the procedure	531
by which a person may receive or release information gathered by	532
the superintendent pursuant to division (A) of this section. A	533
reasonable fee may be charged for this service. If a temporary	534
employment service submits a request for a determination of	535
whether a person the service plans to refer to an employment	536
position has been convicted of or pleaded guilty to an offense	537
listed in division (A)(1), (3), (4), (5), or (6) of section	538
109.572 of the Revised Code, the request shall be treated as a	539
single request and only one fee shall be charged.	540

(F)(1) As used in division (F)(2) of this section, "head	541
start agency" means an entity in this state that has been approved	542
to be an agency for purposes of subchapter II of the "Community	543
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	544
as amended.	545

(2)(a) In addition to or in conjunction with any request that	546
is required to be made under section 109.572, 2151.86, 3301.32,	547
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012,	548
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	549
Code or that is made under section 3314.41, 3319.392, or 3326.25	550
of the Revised Code, the board of education of any school	551
district; the director of ~~mental retardation and~~ developmental	552
disabilities; any county board of mental retardation and	553
developmental disabilities; any entity under contract with a	554
county board of mental retardation and developmental	555
disabilities; the chief administrator of any chartered nonpublic	556
school; the chief administrator of any home health agency; the	557
chief administrator of or person operating any child day-care	558
center, type A family day-care home, or type B family day-care	559
home licensed or certified under Chapter 5104. of the Revised	560
Code; the administrator of any type C family day-care home	561
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	562
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	563
general assembly; the chief administrator of any head start	564
agency; the executive director of a public children services	565
agency; a private company described in section 3314.41, 3319.392,	566
or 3326.25 of the Revised Code; or an employer described in	567
division (J)(2) of section 3327.10 of the Revised Code may	568
request that the superintendent of the bureau investigate and	569
determine, with respect to any individual who has applied for	570
employment in any position after October 2, 1989, or any	571
individual wishing to apply for employment with a board of	572
education may request, with regard to the individual, whether the	573
bureau has any information gathered under division (A) of this	574
section that pertains to that individual. On receipt of the	575
request, the superintendent shall determine whether that	576
information exists and, upon request of the person, board, or	577
entity requesting information, also shall request from the	578
federal bureau of investigation any criminal records it has	579
pertaining to that individual. The superintendent or the	580
superintendent's designee also may request criminal history	581
records from other states or the federal government pursuant to	582
the national crime prevention and privacy compact set forth in	583
section 109.571 of the Revised Code. Within thirty days of the	584
date that the superintendent receives a request, the	585
superintendent shall send to the board, entity, or person a	586
report of any information that the superintendent determines	587
exists, including information contained in records that have been	588
sealed under section 2953.32 of the Revised Code, and, within	589
thirty days of its receipt, shall send the board, entity, or	590
person a report of any information received from the federal	591
bureau of investigation, other than information the dissemination	592
of which is prohibited by federal law.	593

(b) When a board of education is required to receive	594
information under this section as a prerequisite to employment of	595
an individual pursuant to section 3319.39 of the Revised Code, it	596
may accept a certified copy of records that were issued by the	597
bureau of criminal identification and investigation and that are	598
presented by an individual applying for employment with the	599
district in lieu of requesting that information itself. In such a	600
case, the board shall accept the certified copy issued by the	601
bureau in order to make a photocopy of it for that individual's	602
employment application documents and shall return the certified	603
copy to the individual. In a case of that nature, a district only	604
shall accept a certified copy of records of that nature within one	605
year after the date of their issuance by the bureau.	606

(3) The state board of education may request, with respect to	607
any individual who has applied for employment after October 2,	608
1989, in any position with the state board or the department of	609
education, any information that a school district board of	610
education is authorized to request under division (F)(2) of this	611
section, and the superintendent of the bureau shall proceed as if	612
the request has been received from a school district board of	613
education under division (F)(2) of this section.	614

(4) When the superintendent of the bureau receives a request	615
for information under section 3319.291 of the Revised Code, the	616
superintendent shall proceed as if the request has been received	617
from a school district board of education under division (F)(2) of	618
this section.	619

(5) When a recipient of a classroom reading improvement grant	620
paid under section 3301.86 of the Revised Code requests, with	621
respect to any individual who applies to participate in providing	622
any program or service funded in whole or in part by the grant,	623
the information that a school district board of education is	624
authorized to request under division (F)(2)(a) of this section,	625
the superintendent of the bureau shall proceed as if the request	626
has been received from a school district board of education under	627
division (F)(2)(a) of this section.	628

(G) In addition to or in conjunction with any request that is	629
required to be made under section 3701.881, 3712.09, 3721.121, or	630
3722.151 of the Revised Code with respect to an individual who has	631
applied for employment in a position that involves providing	632
direct care to an older adult, the chief administrator of a home	633
health agency, hospice care program, home licensed under Chapter	634
3721. of the Revised Code, adult day-care program operated	635
pursuant to rules adopted under section 3721.04 of the Revised	636
Code, or adult care facility may request that the superintendent	637
of the bureau investigate and determine, with respect to any	638
individual who has applied after January 27, 1997, for employment	639
in a position that does not involve providing direct care to an	640
older adult, whether the bureau has any information gathered under	641
division (A) of this section that pertains to that individual.	642

In addition to or in conjunction with any request that is	643
required to be made under section 173.27 of the Revised Code with	644
respect to an individual who has applied for employment in a	645
position that involves providing ombudsperson services to	646
residents of long-term care facilities or recipients of	647
community-based long-term care services, the state long-term care	648
ombudsperson, ombudsperson's designee, or director of health may	649
request that the superintendent investigate and determine, with	650
respect to any individual who has applied for employment in a	651
position that does not involve providing such ombudsperson	652
services, whether the bureau has any information gathered under	653
division (A) of this section that pertains to that applicant.	654

In addition to or in conjunction with any request that is	655
required to be made under section 173.394 of the Revised Code with	656
respect to an individual who has applied for employment in a	657
position that involves providing direct care to an individual, the	658
chief administrator of a community-based long-term care agency may	659
request that the superintendent investigate and determine, with	660
respect to any individual who has applied for employment in a	661
position that does not involve providing direct care, whether the	662
bureau has any information gathered under division (A) of this	663
section that pertains to that applicant.	664

On receipt of a request under this division, the	665
superintendent shall determine whether that information exists	666
and, on request of the individual requesting information, shall	667
also request from the federal bureau of investigation any criminal	668
records it has pertaining to the applicant. The superintendent or	669
the superintendent's designee also may request criminal history	670
records from other states or the federal government pursuant to	671
the national crime prevention and privacy compact set forth in	672
section 109.571 of the Revised Code. Within thirty days of the	673
date a request is received, the superintendent shall send to the	674
requester a report of any information determined to exist,	675
including information contained in records that have been sealed	676
under section 2953.32 of the Revised Code, and, within thirty days	677
of its receipt, shall send the requester a report of any	678
information received from the federal bureau of investigation,	679
other than information the dissemination of which is prohibited by	680
federal law.	681

(H) Information obtained by a government entity or person	682
under this section is confidential and shall not be released or	683
disseminated.	684

(I) The superintendent may charge a reasonable fee for	685
providing information or criminal records under division (F)(2) or	686
(G) of this section.	687

(J) As used in this section, "sexually oriented offense" and	688
"child-victim oriented offense" have the same meanings as in	689
section 2950.01 of the Revised Code.	690

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	691
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised	692
Code, a completed form prescribed pursuant to division (C)(1) of	693
this section, and a set of fingerprint impressions obtained in	694
the manner described in division (C)(2) of this section, the	695
superintendent of the bureau of criminal identification and	696
investigation shall conduct a criminal records check in the	697
manner described in division (B) of this section to determine	698
whether any information exists that indicates that the person who	699
is the subject of the request previously has been convicted of or	700
pleaded guilty to any of the following:	701

(a) A violation of section 2903.01, 2903.02, 2903.03,	702
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	703
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	704
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	705
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	706
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	707
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	708
2925.06, or 3716.11 of the Revised Code, felonious sexual	709
penetration in violation of former section 2907.12 of the Revised	710
Code, a violation of section 2905.04 of the Revised Code as it	711
existed prior to July 1, 1996, a violation of section 2919.23 of	712
the Revised Code that would have been a violation of section	713
2905.04 of the Revised Code as it existed prior to July 1, 1996,	714
had the violation been committed prior to that date, or a	715
violation of section 2925.11 of the Revised Code that is not a	716
minor drug possession offense;	717

(b) A violation of an existing or former law of this state,	718
any other state, or the United States that is substantially	719
equivalent to any of the offenses listed in division (A)(1)(a) of	720
this section.	721

(2) On receipt of a request pursuant to section 5123.081 of	722
the Revised Code with respect to an applicant for employment in	723
any position with the department of ~~mental retardation and~~	724
developmental disabilities, pursuant to section 5126.28 of the	725
Revised Code with respect to an applicant for employment in any	726
position with a county board of mental retardation and	727
developmental disabilities, or pursuant to section 5126.281 of the	728
Revised Code with respect to an applicant for employment in a	729
direct services position with an entity contracting with a county	730
board for employment, a completed form prescribed pursuant to	731
division (C)(1) of this section, and a set of fingerprint	732
impressions obtained in the manner described in division (C)(2) of	733
this section, the superintendent of the bureau of criminal	734
identification and investigation shall conduct a criminal records	735
check. The superintendent shall conduct the criminal records check	736
in the manner described in division (B) of this section to	737
determine whether any information exists that indicates that the	738
person who is the subject of the request has been convicted of or	739
pleaded guilty to any of the following:	740

(a) A violation of section 2903.01, 2903.02, 2903.03,	741
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	742
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	743
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	744
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	745
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	746
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	747
2925.03, or 3716.11 of the Revised Code;	748

(b) An existing or former municipal ordinance or law of this	749
state, any other state, or the United States that is substantially	750
equivalent to any of the offenses listed in division (A)(2)(a) of	751
this section.	752

(3) On receipt of a request pursuant to section 173.27,	753
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	754
completed form prescribed pursuant to division (C)(1) of this	755
section, and a set of fingerprint impressions obtained in the	756
manner described in division (C)(2) of this section, the	757
superintendent of the bureau of criminal identification and	758
investigation shall conduct a criminal records check with respect	759
to any person who has applied for employment in a position for	760
which a criminal records check is required by those sections. The	761
superintendent shall conduct the criminal records check in the	762
manner described in division (B) of this section to determine	763
whether any information exists that indicates that the person who	764
is the subject of the request previously has been convicted of or	765
pleaded guilty to any of the following:	766

(a) A violation of section 2903.01, 2903.02, 2903.03,	767
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	768
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	769
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	770
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	771
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	772
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	773
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	774
2925.22, 2925.23, or 3716.11 of the Revised Code;	775

(b) An existing or former law of this state, any other state,	776
or the United States that is substantially equivalent to any of	777
the offenses listed in division (A)(3)(a) of this section.	778

(4) On receipt of a request pursuant to section 3701.881 of	779
the Revised Code with respect to an applicant for employment with	780
a home health agency as a person responsible for the care,	781
custody, or control of a child, a completed form prescribed	782
pursuant to division (C)(1) of this section, and a set of	783
fingerprint impressions obtained in the manner described in	784
division (C)(2) of this section, the superintendent of the bureau	785
of criminal identification and investigation shall conduct a	786
criminal records check. The superintendent shall conduct the	787
criminal records check in the manner described in division (B) of	788
this section to determine whether any information exists that	789
indicates that the person who is the subject of the request	790
previously has been convicted of or pleaded guilty to any of the	791
following:	792

(a) A violation of section 2903.01, 2903.02, 2903.03,	793
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	794
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	795
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	796
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	797
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	798
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	799
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	800
violation of section 2925.11 of the Revised Code that is not a	801
minor drug possession offense;	802

(b) An existing or former law of this state, any other state,	803
or the United States that is substantially equivalent to any of	804
the offenses listed in division (A)(4)(a) of this section.	805

(5) On receipt of a request pursuant to section 5111.032,	806
5111.033, or 5111.034 of the Revised Code, a completed form	807
prescribed pursuant to division (C)(1) of this section, and a set	808
of fingerprint impressions obtained in the manner described in	809
division (C)(2) of this section, the superintendent of the bureau	810
of criminal identification and investigation shall conduct a	811
criminal records check. The superintendent shall conduct the	812
criminal records check in the manner described in division (B) of	813
this section to determine whether any information exists that	814
indicates that the person who is the subject of the request	815
previously has been convicted of, has pleaded guilty to, or has	816
been found eligible for intervention in lieu of conviction for	817
any of the following:	818

(a) A violation of section 2903.01, 2903.02, 2903.03,	819
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	820
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	821
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	822
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	823
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	824
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	825
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	826
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	827
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	828
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	829
3716.11 of the Revised Code, felonious sexual penetration in	830
violation of former section 2907.12 of the Revised Code, a	831
violation of section 2905.04 of the Revised Code as it existed	832
prior to July 1, 1996, a violation of section 2919.23 of the	833
Revised Code that would have been a violation of section 2905.04	834
of the Revised Code as it existed prior to July 1, 1996, had the	835
violation been committed prior to that date;	836

(b) An existing or former law of this state, any other state,	837
or the United States that is substantially equivalent to any of	838
the offenses listed in division (A)(5)(a) of this section.	839

(6) On receipt of a request pursuant to section 3701.881 of	840
the Revised Code with respect to an applicant for employment with	841
a home health agency in a position that involves providing direct	842
care to an older adult, a completed form prescribed pursuant to	843
division (C)(1) of this section, and a set of fingerprint	844
impressions obtained in the manner described in division (C)(2) of	845
this section, the superintendent of the bureau of criminal	846
identification and investigation shall conduct a criminal records	847
check. The superintendent shall conduct the criminal records check	848
in the manner described in division (B) of this section to	849
determine whether any information exists that indicates that the	850
person who is the subject of the request previously has been	851
convicted of or pleaded guilty to any of the following:	852

(a) A violation of section 2903.01, 2903.02, 2903.03,	853
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	854
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	855
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	856
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	857
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	858
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	859
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	860
2925.22, 2925.23, or 3716.11 of the Revised Code;	861

(b) An existing or former law of this state, any other state,	862
or the United States that is substantially equivalent to any of	863
the offenses listed in division (A)(6)(a) of this section.	864

(7) When conducting a criminal records check upon a request	865
pursuant to section 3319.39 of the Revised Code for an applicant	866
who is a teacher, in addition to the determination made under	867
division (A)(1) of this section, the superintendent shall	868
determine whether any information exists that indicates that the	869
person who is the subject of the request previously has been	870
convicted of or pleaded guilty to any offense specified in section	871
3319.31 of the Revised Code.	872

(8) On receipt of a request pursuant to section 2151.86 of	873
the Revised Code, a completed form prescribed pursuant to	874
division (C)(1) of this section, and a set of fingerprint	875
impressions obtained in the manner described in division (C)(2)	876
of this section, the superintendent of the bureau of criminal	877
identification and investigation shall conduct a criminal records	878
check in the manner described in division (B) of this section to	879
determine whether any information exists that indicates that the	880
person who is the subject of the request previously has been	881
convicted of or pleaded guilty to any of the following:	882

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	883
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	884
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	885
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	886
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	887
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	888
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	889
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	890
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	891
of the Revised Code, a violation of section 2905.04 of the	892
Revised Code as it existed prior to July 1, 1996, a violation of	893
section 2919.23 of the Revised Code that would have been a	894
violation of section 2905.04 of the Revised Code as it existed	895
prior to July 1, 1996, had the violation been committed prior to	896
that date, a violation of section 2925.11 of the Revised Code	897
that is not a minor drug possession offense, two or more OVI or	898
OVUAC violations committed within the three years immediately	899
preceding the submission of the application or petition that is	900
the basis of the request, or felonious sexual penetration in	901
violation of former section 2907.12 of the Revised Code;	902

(b) A violation of an existing or former law of this state,	903
any other state, or the United States that is substantially	904
equivalent to any of the offenses listed in division (A)(8)(a) of	905
this section.	906

(9) Upon receipt of a request pursuant to section 5104.012	907
or 5104.013 of the Revised Code, a completed form prescribed	908
pursuant to division (C)(1) of this section, and a set of	909
fingerprint impressions obtained in the manner described in	910
division (C)(2) of this section, the superintendent of the bureau	911
of criminal identification and investigation shall conduct a	912
criminal records check in the manner described in division (B) of	913
this section to determine whether any information exists that	914
indicates that the person who is the subject of the request has	915
been convicted of or pleaded guilty to any of the following:	916

(a) A violation of section 2903.01, 2903.02, 2903.03,	917
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	918
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	919
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	920
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	921
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	922
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	923
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	924
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	925
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	926
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	927
3716.11 of the Revised Code, felonious sexual penetration in	928
violation of former section 2907.12 of the Revised Code, a	929
violation of section 2905.04 of the Revised Code as it existed	930
prior to July 1, 1996, a violation of section 2919.23 of the	931
Revised Code that would have been a violation of section 2905.04	932
of the Revised Code as it existed prior to July 1, 1996, had the	933
violation been committed prior to that date, a violation of	934
section 2925.11 of the Revised Code that is not a minor drug	935
possession offense, a violation of section 2923.02 or 2923.03 of	936
the Revised Code that relates to a crime specified in this	937
division, or a second violation of section 4511.19 of the	938
Revised Code within five years of the date of application for	939
licensure or certification.	940

(b) A violation of an existing or former law of this state,	941
any other state, or the United States that is substantially	942
equivalent to any of the offenses or violations described in	943
division (A)(9)(a) of this section.	944

(10) Upon receipt of a request pursuant to section 5153.111	945
of the Revised Code, a completed form prescribed pursuant to	946
division (C)(1) of this section, and a set of fingerprint	947
impressions obtained in the manner described in division (C)(2) of	948
this section, the superintendent of the bureau of criminal	949
identification and investigation shall conduct a criminal records	950
check in the manner described in division (B) of this section to	951
determine whether any information exists that indicates that the	952
person who is the subject of the request previously has been	953
convicted of or pleaded guilty to any of the following:	954

(a) A violation of section 2903.01, 2903.02, 2903.03,	955
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	956
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	957
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	958
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	959
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	960
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	961
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	962
felonious sexual penetration in violation of former section	963
2907.12 of the Revised Code, a violation of section 2905.04 of the	964
Revised Code as it existed prior to July 1, 1996, a violation of	965
section 2919.23 of the Revised Code that would have been a	966
violation of section 2905.04 of the Revised Code as it existed	967
prior to July 1, 1996, had the violation been committed prior to	968
that date, or a violation of section 2925.11 of the Revised Code	969
that is not a minor drug possession offense;	970

(b) A violation of an existing or former law of this state,	971
any other state, or the United States that is substantially	972
equivalent to any of the offenses listed in division (A)(10)(a) of	973
this section.	974

(11) On receipt of a request for a criminal records check	975
from an individual pursuant to section 4749.03 or 4749.06 of the	976
Revised Code, accompanied by a completed copy of the form	977
prescribed in division (C)(1) of this section and a set of	978
fingerprint impressions obtained in a manner described in division	979
(C)(2) of this section, the superintendent of the bureau of	980
criminal identification and investigation shall conduct a criminal	981
records check in the manner described in division (B) of this	982
section to determine whether any information exists indicating	983
that the person who is the subject of the request has been	984
convicted of or pleaded guilty to a felony in this state or in any	985
other state. If the individual indicates that a firearm will be	986
carried in the course of business, the superintendent shall	987
require information from the federal bureau of investigation as	988
described in division (B)(2) of this section. The superintendent	989
shall report the findings of the criminal records check and any	990
information the federal bureau of investigation provides to the	991
director of public safety.	992

(12) On receipt of a request pursuant to section 1321.37,	993
1322.03, 1322.031, or 4763.05 of the Revised Code, a completed	994
form prescribed pursuant to division (C)(1) of this section, and	995
a set of fingerprint impressions obtained in the manner described	996
in division (C)(2) of this section, the superintendent of the	997
bureau of criminal identification and investigation shall conduct	998
a criminal records check with respect to any person who has	999
applied for a license, permit, or certification from the	1000
department of commerce or a division in the department. The	1001
superintendent shall conduct the criminal records check in the	1002
manner described in division (B) of this section to determine	1003
whether any information exists that indicates that the person who	1004
is the subject of the request previously has been convicted of or	1005
pleaded guilty to any of the following: a violation of section	1006
2913.02, 2913.11, 2913.31, 2913.51, or 2925.03 of the Revised	1007
Code; any other criminal offense involving theft, receiving	1008
stolen property, embezzlement, forgery, fraud, passing bad	1009
checks, money laundering, or drug trafficking, or any criminal	1010
offense involving money or securities, as set forth in Chapters	1011
2909., 2911., 2913., 2915., 2921., 2923., and 2925. of the	1012
Revised Code; or any existing or former law of this state, any	1013
other state, or the United States that is substantially	1014
equivalent to those offenses.	1015

(13) On receipt of a request for a criminal records check	1016
from the treasurer of state under section 113.041 of the Revised	1017
Code or from an individual under section 4701.08, 4715.101,	1018
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	1019
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	1020
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	1021
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	1022
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied	1023
by a completed form prescribed under division (C)(1) of this	1024
section and a set of fingerprint impressions obtained in the	1025
manner described in division (C)(2) of this section, the	1026
superintendent of the bureau of criminal identification and	1027
investigation shall conduct a criminal records check in the	1028
manner described in division (B) of this section to determine	1029
whether any information exists that indicates that the person who	1030
is the subject of the request has been convicted of or pleaded	1031
guilty to any criminal offense in this state or any other state.	1032
The superintendent shall send the results of a check requested	1033
under section 113.041 of the Revised Code to the treasurer of	1034
state and shall send the results of a check requested under any of	1035
the other listed sections to the licensing board specified by the	1036
individual in the request.	1037

(14) On receipt of a request pursuant to section 1121.23,	1038
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	1039
Code, a completed form prescribed pursuant to division (C)(1) of	1040
this section, and a set of fingerprint impressions obtained in the	1041
manner described in division (C)(2) of this section, the	1042
superintendent of the bureau of criminal identification and	1043
investigation shall conduct a criminal records check in the manner	1044
described in division (B) of this section to determine whether any	1045
information exists that indicates that the person who is the	1046
subject of the request previously has been convicted of or pleaded	1047
guilty to any criminal offense under any existing or former law of	1048
this state, any other state, or the United States.	1049

(15) Not later than thirty days after the date the	1050
superintendent receives a request of a type described in division	1051
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11),	1052
(12), or (14) of this section, the completed form, and the	1053
fingerprint impressions, the superintendent shall send the	1054
person, board, or entity that made the request any information,	1055
other than information the dissemination of which is prohibited	1056
by federal law, the superintendent determines exists with respect	1057
to the person who is the subject of the request that indicates	1058
that the person previously has been convicted of or pleaded	1059
guilty to any offense listed or described in division (A)(1),	1060
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), or	1061
(14) of this section, as appropriate. The superintendent shall	1062
send the person, board, or entity that made the request a copy of	1063
the list of offenses specified in division (A)(1), (2), (3), (4),	1064
(5), (6), (7), (8), (9), (10), (11), (12), or (14) of this	1065
section, as appropriate. If the request was made under section	1066
3701.881 of the Revised Code with regard to an applicant who may	1067
be both responsible for the care, custody, or control of a child	1068
and involved in providing direct care to an older adult, the	1069
superintendent shall provide a list of the offenses specified in	1070
divisions (A)(4) and (6) of this section.	1071

Not later than thirty days after the superintendent receives	1072
a request for a criminal records check pursuant to section 113.041	1073
of the Revised Code, the completed form, and the fingerprint	1074
impressions, the superintendent shall send the treasurer of state	1075
any information, other than information the dissemination of which	1076
is prohibited by federal law, the superintendent determines exist	1077
with respect to the person who is the subject of the request that	1078
indicates that the person previously has been convicted of or	1079
pleaded guilty to any criminal offense in this state or any other	1080
state.	1081

(B) The superintendent shall conduct any criminal records	1082
check requested under section 113.041, 121.08, 173.27, 173.394,	1083
1121.23, 1155.03, 1163.05, 1315.141, 1322.03, 1322.031, 1733.47,	1084
1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	1085
3721.121, 3722.151, 4701.08, 4715.101, 4717.061, 4725.121,	1086
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081,	1087
4731.15, 4731.171, 4731.222, 4731.281, 4731.296, 4731.531,	1088
4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 4749.06,	1089
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	1090
4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 5104.013,	1091
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	1092
5153.111 of the Revised Code as follows:	1093

(1) The superintendent shall review or cause to be reviewed	1094
any relevant information gathered and compiled by the bureau under	1095
division (A) of section 109.57 of the Revised Code that relates to	1096
the person who is the subject of the request, including, if the	1097
criminal records check was requested under section 113.041,	1098
121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32,	1099
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	1100
4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.032,	1101
5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of	1102
the Revised Code, any relevant information contained in records	1103
that have been sealed under section 2953.32 of the Revised Code;	1104

(2) If the request received by the superintendent asks for	1105
information from the federal bureau of investigation, the	1106
superintendent shall request from the federal bureau of	1107
investigation any information it has with respect to the person	1108
who is the subject of the request, including fingerprint-based	1109
checks of national crime information databases as described in 42	1110
U.S.C. 671 if the request is made pursuant to section 2151.86,	1111
5104.012, or 5104.013 of the Revised Code or if any other Revised	1112
Code section requires fingerprint-based checks of that nature, and	1113
shall review or cause to be reviewed any information the	1114
superintendent receives from that bureau.	1115

(3) The superintendent or the superintendent's designee may	1116
request criminal history records from other states or the federal	1117
government pursuant to the national crime prevention and privacy	1118
compact set forth in section 109.571 of the Revised Code.	1119

(C)(1) The superintendent shall prescribe a form to obtain	1120
the information necessary to conduct a criminal records check from	1121
any person for whom a criminal records check is requested under	1122
section 113.041 of the Revised Code or required by section	1123
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	1124
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	1125
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4701.08,	1126
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	1127
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,	1128
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,	1129
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,	1130
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	1131
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081,	1132
5126.28, 5126.281, or 5153.111 of the Revised Code. The form	1133
that the superintendent prescribes pursuant to this division may	1134
be in a tangible format, in an electronic format, or in both	1135
tangible and electronic formats.	1136

(2) The superintendent shall prescribe standard impression	1137
sheets to obtain the fingerprint impressions of any person for	1138
whom a criminal records check is requested under section 113.041	1139
of the Revised Code or required by section 121.08, 173.27,	1140
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1322.03, 1322.031,	1141
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	1142
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061,	1143
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	1144
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	1145
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03,	1146
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	1147
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	1148
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	1149
5126.281, or 5153.111 of the Revised Code. Any person for whom a	1150
records check is requested under or required by any of those	1151
sections shall obtain the fingerprint impressions at a county	1152
sheriff's office, municipal police department, or any other	1153
entity with the ability to make fingerprint impressions on the	1154
standard impression sheets prescribed by the superintendent. The	1155
office, department, or entity may charge the person a reasonable	1156
fee for making the impressions. The standard impression sheets the	1157
superintendent prescribes pursuant to this division may be in a	1158
tangible format, in an electronic format, or in both tangible and	1159
electronic formats.	1160

(3) Subject to division (D) of this section, the	1161
superintendent shall prescribe and charge a reasonable fee for	1162
providing a criminal records check requested under section	1163
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	1164
1315.141, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	1165
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	1166
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	1167
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,	1168
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,	1169
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101,	1170
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06,	1171
4763.05, 4779.091, 5104.012, 5104.013, 5111.032, 5111.033,	1172
5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the	1173
Revised Code. The person making a criminal records request	1174
under any of those sections shall pay the fee prescribed	1175
pursuant to this division. A person making a request under	1176
section 3701.881 of the Revised Code for a criminal records	1177
check for an applicant who may be both responsible for the care,	1178
custody, or control of a child and involved in providing direct	1179
care to an older adult shall pay one fee for the request. In the	1180
case of a request under section 1121.23, 1155.03, 1163.05,	1181
1315.141, 1733.47, 1761.26, or 5111.032 of the Revised Code,	1182
the fee shall be paid in the manner specified in that section.	1183

(4) The superintendent of the bureau of criminal	1184
identification and investigation may prescribe methods of	1185
forwarding fingerprint impressions and information necessary to	1186
conduct a criminal records check, which methods shall include, but	1187
not be limited to, an electronic method.	1188

(D) A determination whether any information exists that	1189
indicates that a person previously has been convicted of or	1190
pleaded guilty to any offense listed or described in division	1191
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	1192
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or	1193
(b), (A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), or (A)(14) of	1194
this section, or that indicates that a person previously has	1195
been convicted of or pleaded guilty to any criminal offense in	1196
this state or any other state regarding a criminal records check	1197
of a type described in division (A)(13) of this section, and	1198
that is made by the superintendent with respect to information	1199
considered in a criminal records check in accordance with this	1200
section is valid for the person who is the subject of the	1201
criminal records check for a period of one year from the date	1202
upon which the superintendent makes the determination. During the	1203
period in which the determination in regard to a person is valid,	1204
if another request under this section is made for a criminal	1205
records check for that person, the superintendent shall provide	1206
the information that is the basis for the superintendent's	1207
initial determination at a lower fee than the fee prescribed for	1208
the initial criminal records check.	1209

(E) As used in this section:

1210

(1) "Criminal records check" means any criminal records check	1211
conducted by the superintendent of the bureau of criminal	1212
identification and investigation in accordance with division (B)	1213
of this section.	1214

(2) "Minor drug possession offense" has the same meaning as	1215
in section 2925.01 of the Revised Code.	1216

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

1217

(4) "OVI or OVUAC violation" means a violation of section	1218
4511.19 of the Revised Code or a violation of an existing or	1219
former law of this state, any other state, or the United States	1220
that is substantially equivalent to section 4511.19 of the Revised	1221
Code.	1222

Sec. 109.71. There is hereby created in the office of the	1223
attorney general the Ohio peace officer training commission. The	1224
commission shall consist of nine members appointed by the governor	1225
with the advice and consent of the senate and selected as follows:	1226
one member representing the public; two members who are incumbent	1227
sheriffs; two members who are incumbent chiefs of police; one	1228
member from the bureau of criminal identification and	1229
investigation; one member from the state highway patrol; one	1230
member who is the special agent in charge of a field office of the	1231
federal bureau of investigation in this state; and one member from	1232
the department of education, trade and industrial education	1233
services, law enforcement training.	1234

This section does not confer any arrest authority or any	1235
ability or authority to detain a person, write or issue any	1236
citation, or provide any disposition alternative, as granted under	1237
Chapter 2935. of the Revised Code.	1238

As used in sections 109.71 to 109.801 of the Revised Code:

1239

(A) "Peace officer" means:

1240

(1) A deputy sheriff, marshal, deputy marshal, member of the	1241
organized police department of a township or municipal	1242
corporation, member of a township police district or joint	1243
township police district police force, member of a police force	1244
employed by a metropolitan housing authority under division (D) of	1245
section 3735.31 of the Revised Code, or township constable, who is	1246
commissioned and employed as a peace officer by a political	1247
subdivision of this state or by a metropolitan housing authority,	1248
and whose primary duties are to preserve the peace, to protect	1249
life and property, and to enforce the laws of this state,	1250
ordinances of a municipal corporation, resolutions of a township,	1251
or regulations of a board of county commissioners or board of	1252
township trustees, or any of those laws, ordinances, resolutions,	1253
or regulations;	1254

(2) A police officer who is employed by a railroad company	1255
and appointed and commissioned by the secretary of state pursuant	1256
to sections 4973.17 to 4973.22 of the Revised Code;	1257

(3) Employees of the department of taxation engaged in the	1258
enforcement of Chapter 5743. of the Revised Code and designated by	1259
the tax commissioner for peace officer training for purposes of	1260
the delegation of investigation powers under section 5743.45 of	1261
the Revised Code;	1262

(4) An undercover drug agent;

1263

(5) Enforcement agents of the department of public safety	1264
whom the director of public safety designates under section	1265
5502.14 of the Revised Code;	1266

(6) An employee of the department of natural resources who is	1267
a natural resources law enforcement staff officer designated	1268
pursuant to section 1501.013, a park officer designated pursuant	1269
to section 1541.10, a forest officer designated pursuant to	1270
section 1503.29, a preserve officer designated pursuant to section	1271
1517.10, a wildlife officer designated pursuant to section	1272
1531.13, or a state watercraft officer designated pursuant to	1273
section 1547.521 of the Revised Code;	1274

(7) An employee of a park district who is designated pursuant	1275
to section 511.232 or 1545.13 of the Revised Code;	1276

(8) An employee of a conservancy district who is designated	1277
pursuant to section 6101.75 of the Revised Code;	1278

(9) A police officer who is employed by a hospital that	1279
employs and maintains its own proprietary police department or	1280
security department, and who is appointed and commissioned by the	1281
secretary of state pursuant to sections 4973.17 to 4973.22 of the	1282
Revised Code;	1283

(10) Veterans' homes police officers designated under section	1284
5907.02 of the Revised Code;	1285

(11) A police officer who is employed by a qualified	1286
nonprofit corporation police department pursuant to section	1287
1702.80 of the Revised Code;	1288

(12) A state university law enforcement officer appointed	1289
under section 3345.04 of the Revised Code or a person serving as a	1290
state university law enforcement officer on a permanent basis on	1291
June 19, 1978, who has been awarded a certificate by the executive	1292
director of the Ohio peace officer training commission attesting	1293
to the person's satisfactory completion of an approved state,	1294
county, municipal, or department of natural resources peace	1295
officer basic training program;	1296

(13) A special police officer employed by the department of	1297
mental health pursuant to section 5119.14 of the Revised Code or	1298
the department of ~~mental retardation and~~ developmental	1299
disabilities pursuant to section 5123.13 of the Revised Code;	1300

(14) A member of a campus police department appointed under	1301
section 1713.50 of the Revised Code;	1302

(15) A member of a police force employed by a regional	1303
transit authority under division (Y) of section 306.35 of the	1304
Revised Code;	1305

(16) Investigators appointed by the auditor of state pursuant	1306
to section 117.091 of the Revised Code and engaged in the	1307
enforcement of Chapter 117. of the Revised Code;	1308

(17) A special police officer designated by the	1309
superintendent of the state highway patrol pursuant to section	1310
5503.09 of the Revised Code or a person who was serving as a	1311
special police officer pursuant to that section on a permanent	1312
basis on October 21, 1997, and who has been awarded a certificate	1313
by the executive director of the Ohio peace officer training	1314
commission attesting to the person's satisfactory completion of an	1315
approved state, county, municipal, or department of natural	1316
resources peace officer basic training program;	1317

(18) A special police officer employed by a port authority	1318
under section 4582.04 or 4582.28 of the Revised Code or a person	1319
serving as a special police officer employed by a port authority	1320
on a permanent basis on May 17, 2000, who has been awarded a	1321
certificate by the executive director of the Ohio peace officer	1322
training commission attesting to the person's satisfactory	1323
completion of an approved state, county, municipal, or department	1324
of natural resources peace officer basic training program;	1325

(19) A special police officer employed by a municipal	1326
corporation who has been awarded a certificate by the executive	1327
director of the Ohio peace officer training commission for	1328
satisfactory completion of an approved peace officer basic	1329
training program and who is employed on a permanent basis on or	1330
after March 19, 2003, at a municipal airport, or other municipal	1331
air navigation facility, that has scheduled operations, as defined	1332
in section 119.3 of Title 14 of the Code of Federal Regulations,	1333
14 C.F.R. 119.3, as amended, and that is required to be under a	1334
security program and is governed by aviation security rules of the	1335
transportation security administration of the United States	1336
department of transportation as provided in Parts 1542. and 1544.	1337
of Title 49 of the Code of Federal Regulations, as amended;	1338

(20) A police officer who is employed by an owner or operator	1339
of an amusement park that has an average yearly attendance in	1340
excess of six hundred thousand guests and that employs and	1341
maintains its own proprietary police department or security	1342
department, and who is appointed and commissioned by a judge of	1343
the appropriate municipal court or county court pursuant to	1344
section 4973.17 of the Revised Code;	1345

(21) A police officer who is employed by a bank, savings and	1346
loan association, savings bank, credit union, or association of	1347
banks, savings and loan associations, savings banks, or credit	1348
unions, who has been appointed and commissioned by the secretary	1349
of state pursuant to sections 4973.17 to 4973.22 of the Revised	1350
Code, and who has been awarded a certificate by the executive	1351
director of the Ohio peace officer training commission attesting	1352
to the person's satisfactory completion of a state, county,	1353
municipal, or department of natural resources peace officer basic	1354
training program;	1355

(22) An investigator, as defined in section 109.541 of the	1356
Revised Code, of the bureau of criminal identification and	1357
investigation who is commissioned by the superintendent of the	1358
bureau as a special agent for the purpose of assisting law	1359
enforcement officers or providing emergency assistance to peace	1360
officers pursuant to authority granted under that section;	1361

(23) A state fire marshal law enforcement officer appointed	1362
under section 3737.22 of the Revised Code or a person serving as a	1363
state fire marshal law enforcement officer on a permanent basis on	1364
or after July 1, 1982, who has been awarded a certificate by the	1365
executive director of the Ohio peace officer training commission	1366
attesting to the person's satisfactory completion of an approved	1367
state, county, municipal, or department of natural resources peace	1368
officer basic training program.	1369

(B) "Undercover drug agent" has the same meaning as in	1370
division (B)(2) of section 109.79 of the Revised Code.	1371

(C) "Crisis intervention training" means training in the use	1372
of interpersonal and communication skills to most effectively and	1373
sensitively interview victims of rape.	1374

(D) "Missing children" has the same meaning as in section	1375
2901.30 of the Revised Code.	1376

Sec. 109.77. (A) As used in this section, "felony" has the	1377
same meaning as in section 109.511 of the Revised Code.	1378

(B)(1) Notwithstanding any general, special, or local law or	1379
charter to the contrary, and except as otherwise provided in this	1380
section, no person shall receive an original appointment on a	1381
permanent basis as any of the following unless the person	1382
previously has been awarded a certificate by the executive	1383
director of the Ohio peace officer training commission attesting	1384
to the person's satisfactory completion of an approved state,	1385
county, municipal, or department of natural resources peace	1386
officer basic training program:	1387

(a) A peace officer of any county, township, municipal	1388
corporation, regional transit authority, or metropolitan housing	1389
authority;	1390

(b) A natural resources law enforcement staff officer, park	1391
officer, forest officer, preserve officer, wildlife officer, or	1392
state watercraft officer of the department of natural resources;	1393

(c) An employee of a park district under section 511.232 or	1394
1545.13 of the Revised Code;	1395

(d) An employee of a conservancy district who is designated	1396
pursuant to section 6101.75 of the Revised Code;	1397

(e) A state university law enforcement officer;

1398

(f) A special police officer employed by the department of	1399
mental health pursuant to section 5119.14 of the Revised Code or	1400
the department of ~~mental retardation and~~ developmental	1401
disabilities pursuant to section 5123.13 of the Revised Code;	1402

(g) An enforcement agent of the department of public safety	1403
whom the director of public safety designates under section	1404
5502.14 of the Revised Code;	1405

(h) A special police officer employed by a port authority	1406
under section 4582.04 or 4582.28 of the Revised Code;	1407

(i) A special police officer employed by a municipal	1408
corporation at a municipal airport, or other municipal air	1409
navigation facility, that has scheduled operations, as defined in	1410
section 119.3 of Title 14 of the Code of Federal Regulations, 14	1411
C.F.R. 119.3, as amended, and that is required to be under a	1412
security program and is governed by aviation security rules of the	1413
transportation security administration of the United States	1414
department of transportation as provided in Parts 1542. and 1544.	1415
of Title 49 of the Code of Federal Regulations, as amended.	1416

(2) Every person who is appointed on a temporary basis or for	1417
a probationary term or on other than a permanent basis as any of	1418
the following shall forfeit the appointed position unless the	1419
person previously has completed satisfactorily or, within the time	1420
prescribed by rules adopted by the attorney general pursuant to	1421
section 109.74 of the Revised Code, satisfactorily completes a	1422
state, county, municipal, or department of natural resources peace	1423
officer basic training program for temporary or probationary	1424
officers and is awarded a certificate by the director attesting to	1425
the satisfactory completion of the program:	1426

(a) A peace officer of any county, township, municipal	1427
corporation, regional transit authority, or metropolitan housing	1428
authority;	1429

(b) A natural resources law enforcement staff officer, park	1430
officer, forest officer, preserve officer, wildlife officer, or	1431
state watercraft officer of the department of natural resources;	1432

(c) An employee of a park district under section 511.232 or	1433
1545.13 of the Revised Code;	1434

(d) An employee of a conservancy district who is designated	1435
pursuant to section 6101.75 of the Revised Code;	1436

(e) A special police officer employed by the department of	1437
mental health pursuant to section 5119.14 of the Revised Code or	1438
the department of ~~mental retardation and~~ developmental	1439
disabilities pursuant to section 5123.13 of the Revised Code;	1440

(f) An enforcement agent of the department of public safety	1441
whom the director of public safety designates under section	1442
5502.14 of the Revised Code;	1443

(g) A special police officer employed by a port authority	1444
under section 4582.04 or 4582.28 of the Revised Code;	1445

(h) A special police officer employed by a municipal	1446
corporation at a municipal airport, or other municipal air	1447
navigation facility, that has scheduled operations, as defined in	1448
section 119.3 of Title 14 of the Code of Federal Regulations, 14	1449
C.F.R. 119.3, as amended, and that is required to be under a	1450
security program and is governed by aviation security rules of the	1451
transportation security administration of the United States	1452
department of transportation as provided in Parts 1542. and 1544.	1453
of Title 49 of the Code of Federal Regulations, as amended.	1454

(3) For purposes of division (B) of this section, a state,	1455
county, municipal, or department of natural resources peace	1456
officer basic training program, regardless of whether the program	1457
is to be completed by peace officers appointed on a permanent or	1458
temporary, probationary, or other nonpermanent basis, shall	1459
include at least fifteen hours of training in the handling of the	1460
offense of domestic violence, other types of domestic	1461
violence-related offenses and incidents, and protection orders and	1462
consent agreements issued or approved under section 2919.26 or	1463
3113.31 of the Revised Code and at least six hours of crisis	1464
intervention training. The requirement to complete fifteen hours	1465
of training in the handling of the offense of domestic violence,	1466
other types of domestic violence-related offenses and incidents,	1467
and protection orders and consent agreements issued or approved	1468
under section 2919.26 or 3113.31 of the Revised Code does not	1469
apply to any person serving as a peace officer on March 27, 1979,	1470
and the requirement to complete six hours of training in crisis	1471
intervention does not apply to any person serving as a peace	1472
officer on April 4, 1985. Any person who is serving as a peace	1473
officer on April 4, 1985, who terminates that employment after	1474
that date, and who subsequently is hired as a peace officer by the	1475
same or another law enforcement agency shall complete the six	1476
hours of training in crisis intervention within the time	1477
prescribed by rules adopted by the attorney general pursuant to	1478
section 109.742 of the Revised Code. No peace officer shall have	1479
employment as a peace officer terminated and then be reinstated	1480
with intent to circumvent this section.	1481

(4) Division (B) of this section does not apply to any person	1482
serving on a permanent basis on March 28, 1985, as a park officer,	1483
forest officer, preserve officer, wildlife officer, or state	1484
watercraft officer of the department of natural resources or as an	1485
employee of a park district under section 511.232 or 1545.13 of	1486
the Revised Code, to any person serving on a permanent basis on	1487
March 6, 1986, as an employee of a conservancy district designated	1488
pursuant to section 6101.75 of the Revised Code, to any person	1489
serving on a permanent basis on January 10, 1991, as a preserve	1490
officer of the department of natural resources, to any person	1491
employed on a permanent basis on July 2, 1992, as a special police	1492
officer by the department of mental health pursuant to section	1493
5119.14 of the Revised Code or by the department of ~~mental~~	1494
~~retardation and~~ developmental disabilities pursuant to section	1495
5123.13 of the Revised Code, to any person serving on a permanent	1496
basis on May 17, 2000, as a special police officer employed by a	1497
port authority under section 4582.04 or 4582.28 of the Revised	1498
Code, to any person serving on a permanent basis on ~~the effective~~	1499
~~date of this amendment~~March 19, 2003, as a special police officer	1500
employed by a municipal corporation at a municipal airport or	1501
other municipal air navigation facility described in division	1502
(A)(19) of section 109.71 of the Revised Code, to any person	1503
serving on a permanent basis on June 19, 1978, as a state	1504
university law enforcement officer pursuant to section 3345.04 of	1505
the Revised Code and who, immediately prior to June 19, 1978, was	1506
serving as a special police officer designated under authority of	1507
that section, or to any person serving on a permanent basis on	1508
September 20, 1984, as a liquor control investigator, known after	1509
June 30, 1999, as an enforcement agent of the department of public	1510
safety, engaged in the enforcement of Chapters 4301. and 4303. of	1511
the Revised Code.	1512

(5) Division (B) of this section does not apply to any person	1513
who is appointed as a regional transit authority police officer	1514
pursuant to division (Y) of section 306.35 of the Revised Code if,	1515
on or before July 1, 1996, the person has completed satisfactorily	1516
an approved state, county, municipal, or department of natural	1517
resources peace officer basic training program and has been	1518
awarded a certificate by the executive director of the Ohio peace	1519
officer training commission attesting to the person's satisfactory	1520
completion of such an approved program and if, on July 1, 1996,	1521
the person is performing peace officer functions for a regional	1522
transit authority.	1523

(C) No person, after September 20, 1984, shall receive an	1524
original appointment on a permanent basis as a veterans' home	1525
police officer designated under section 5907.02 of the Revised	1526
Code unless the person previously has been awarded a certificate	1527
by the executive director of the Ohio peace officer training	1528
commission attesting to the person's satisfactory completion of an	1529
approved police officer basic training program. Every person who	1530
is appointed on a temporary basis or for a probationary term or on	1531
other than a permanent basis as a veterans' home police officer	1532
designated under section 5907.02 of the Revised Code shall forfeit	1533
that position unless the person previously has completed	1534
satisfactorily or, within one year from the time of appointment,	1535
satisfactorily completes an approved police officer basic training	1536
program.	1537

(D) No bailiff or deputy bailiff of a court of record of this	1538
state and no criminal investigator who is employed by the state	1539
public defender shall carry a firearm, as defined in section	1540
2923.11 of the Revised Code, while on duty unless the bailiff,	1541
deputy bailiff, or criminal investigator has done or received one	1542
of the following:	1543

(1) Has been awarded a certificate by the executive director	1544
of the Ohio peace officer training commission, which certificate	1545
attests to satisfactory completion of an approved state, county,	1546
or municipal basic training program for bailiffs and deputy	1547
bailiffs of courts of record and for criminal investigators	1548
employed by the state public defender that has been recommended by	1549
the Ohio peace officer training commission;	1550

(2) Has successfully completed a firearms training program	1551
approved by the Ohio peace officer training commission prior to	1552
employment as a bailiff, deputy bailiff, or criminal investigator;	1553

(3) Prior to June 6, 1986, was authorized to carry a firearm	1554
by the court that employed the bailiff or deputy bailiff or, in	1555
the case of a criminal investigator, by the state public defender	1556
and has received training in the use of firearms that the Ohio	1557
peace officer training commission determines is equivalent to the	1558
training that otherwise is required by division (D) of this	1559
section.	1560

(E)(1) Before a person seeking a certificate completes an	1561
approved peace officer basic training program, the executive	1562
director of the Ohio peace officer training commission shall	1563
request the person to disclose, and the person shall disclose, any	1564
previous criminal conviction of or plea of guilty of that person	1565
to a felony.	1566

(2) Before a person seeking a certificate completes an	1567
approved peace officer basic training program, the executive	1568
director shall request a criminal history records check on the	1569
person. The executive director shall submit the person's	1570
fingerprints to the bureau of criminal identification and	1571
investigation, which shall submit the fingerprints to the federal	1572
bureau of investigation for a national criminal history records	1573
check.	1574

Upon receipt of the executive director's request, the bureau	1575
of criminal identification and investigation and the federal	1576
bureau of investigation shall conduct a criminal history records	1577
check on the person and, upon completion of the check, shall	1578
provide a copy of the criminal history records check to the	1579
executive director. The executive director shall not award any	1580
certificate prescribed in this section unless the executive	1581
director has received a copy of the criminal history records check	1582
on the person to whom the certificate is to be awarded.	1583

(3) The executive director of the commission shall not award	1584
a certificate prescribed in this section to a person who has been	1585
convicted of or has pleaded guilty to a felony or who fails to	1586
disclose any previous criminal conviction of or plea of guilty to	1587
a felony as required under division (E)(1) of this section.	1588

(4) The executive director of the commission shall revoke the	1589
certificate awarded to a person as prescribed in this section, and	1590
that person shall forfeit all of the benefits derived from being	1591
certified as a peace officer under this section, if the person,	1592
before completion of an approved peace officer basic training	1593
program, failed to disclose any previous criminal conviction of or	1594
plea of guilty to a felony as required under division (E)(1) of	1595
this section.	1596

(F)(1) Regardless of whether the person has been awarded the	1597
certificate or has been classified as a peace officer prior to,	1598
on, or after October 16, 1996, the executive director of the Ohio	1599
peace officer training commission shall revoke any certificate	1600
that has been awarded to a person as prescribed in this section if	1601
the person does either of the following:	1602

(a) Pleads guilty to a felony committed on or after January	1603
1, 1997;	1604

(b) Pleads guilty to a misdemeanor committed on or after	1605
January 1, 1997, pursuant to a negotiated plea agreement as	1606
provided in division (D) of section 2929.43 of the Revised Code in	1607
which the person agrees to surrender the certificate awarded to	1608
the person under this section.	1609

(2) The executive director of the commission shall suspend	1610
any certificate that has been awarded to a person as prescribed in	1611
this section if the person is convicted, after trial, of a felony	1612
committed on or after January 1, 1997. The executive director	1613
shall suspend the certificate pursuant to division (F)(2) of this	1614
section pending the outcome of an appeal by the person from that	1615
conviction to the highest court to which the appeal is taken or	1616
until the expiration of the period in which an appeal is required	1617
to be filed. If the person files an appeal that results in that	1618
person's acquittal of the felony or conviction of a misdemeanor,	1619
or in the dismissal of the felony charge against that person, the	1620
executive director shall reinstate the certificate awarded to the	1621
person under this section. If the person files an appeal from that	1622
person's conviction of the felony and the conviction is upheld by	1623
the highest court to which the appeal is taken or if the person	1624
does not file a timely appeal, the executive director shall revoke	1625
the certificate awarded to the person under this section.	1626

(G)(1) If a person is awarded a certificate under this	1627
section and the certificate is revoked pursuant to division (E)(4)	1628
or (F) of this section, the person shall not be eligible to	1629
receive, at any time, a certificate attesting to the person's	1630
satisfactory completion of a peace officer basic training program.	1631

(2) The revocation or suspension of a certificate under	1632
division (E)(4) or (F) of this section shall be in accordance with	1633
Chapter 119. of the Revised Code.	1634

(H)(1) A person who was employed as a peace officer of a	1635
county, township, or municipal corporation of the state on January	1636
1, 1966, and who has completed at least sixteen years of full-time	1637
active service as such a peace officer may receive an original	1638
appointment on a permanent basis and serve as a peace officer of a	1639
county, township, or municipal corporation, or as a state	1640
university law enforcement officer, without complying with the	1641
requirements of division (B) of this section.	1642

(2) Any person who held an appointment as a state highway	1643
trooper on January 1, 1966, may receive an original appointment on	1644
a permanent basis and serve as a peace officer of a county,	1645
township, or municipal corporation, or as a state university law	1646
enforcement officer, without complying with the requirements of	1647
division (B) of this section.	1648

(I) No person who is appointed as a peace officer of a	1649
county, township, or municipal corporation on or after April 9,	1650
1985, shall serve as a peace officer of that county, township, or	1651
municipal corporation unless the person has received training in	1652
the handling of missing children and child abuse and neglect cases	1653
from an approved state, county, township, or municipal police	1654
officer basic training program or receives the training within the	1655
time prescribed by rules adopted by the attorney general pursuant	1656
to section 109.741 of the Revised Code.	1657

(J) No part of any approved state, county, or municipal basic	1658
training program for bailiffs and deputy bailiffs of courts of	1659
record and no part of any approved state, county, or municipal	1660
basic training program for criminal investigators employed by the	1661
state public defender shall be used as credit toward the	1662
completion by a peace officer of any part of the approved state,	1663
county, or municipal peace officer basic training program that the	1664
peace officer is required by this section to complete	1665
satisfactorily.	1666

(K) This section does not apply to any member of the police	1667
department of a municipal corporation in an adjoining state	1668
serving in this state under a contract pursuant to section 737.04	1669
of the Revised Code.	1670

Sec. 109.86. (A) The attorney general shall investigate any	1671
activity the attorney general has reasonable cause to believe is	1672
in violation of section 2903.34 of the Revised Code. Upon written	1673
request of the governor, the general assembly, the auditor of	1674
state, or the director of health, job and family services, aging,	1675
mental health, or ~~mental retardation and~~ developmental	1676
disabilities, the attorney general shall investigate any activity	1677
these persons believe is in violation of section 2903.34 of the	1678
Revised Code. If after an investigation the attorney general has	1679
probable cause to prosecute for the commission of a crime, the	1680
attorney general shall refer the evidence to the prosecuting	1681
attorney, director of law, or other similar chief legal officer	1682
having jurisdiction over the matter. If the prosecuting attorney	1683
decides to present the evidence to a grand jury, the prosecuting	1684
attorney shall notify the attorney general in writing of the	1685
decision within thirty days after referral of the matter and shall	1686
present the evidence prior to the discharge of the next regular	1687
grand jury. If the director of law or other chief legal officer	1688
decides to prosecute the case, the director or officer shall	1689
notify the attorney general in writing of the decision within	1690
thirty days and shall initiate prosecution within sixty days after	1691
the matter was referred to the director or officer.	1692

(B) If the prosecuting attorney, director of law, or other	1693
chief legal officer fails to notify the attorney general or to	1694
present evidence or initiate prosecution in accordance with	1695
division (A) of this section, the attorney general may present the	1696
evidence to a regular grand jury drawn and impaneled pursuant to	1697
sections 2939.01 to 2939.24 of the Revised Code, or to a special	1698
grand jury drawn and impaneled pursuant to section 2939.17 of the	1699
Revised Code, or the attorney general may initiate and prosecute	1700
any action in any court or tribunal of competent jurisdiction in	1701
this state. The attorney general, and any assistant or special	1702
counsel designated by the attorney general, have all the powers of	1703
a prosecuting attorney, director of law, or other chief legal	1704
officer when proceeding under this section. Nothing in this	1705
section shall limit or prevent a prosecuting attorney, director of	1706
law, or other chief legal officer from investigating and	1707
prosecuting criminal activity committed against a resident or	1708
patient of a care facility.	1709

Sec. 121.02. The following administrative departments and	1710
their respective directors are hereby created:	1711

(A) The office of budget and management, which shall be	1712
administered by the director of budget and management;	1713

(B) The department of commerce, which shall be administered	1714
by the director of commerce;	1715

(C) The department of administrative services, which shall be	1716
administered by the director of administrative services;	1717

(D) The department of transportation, which shall be	1718
administered by the director of transportation;	1719

(E) The department of agriculture, which shall be	1720
administered by the director of agriculture;	1721

(F) The department of natural resources, which shall be	1722
administered by the director of natural resources;	1723

(G) The department of health, which shall be administered by	1724
the director of health;	1725

(H) The department of job and family services, which shall be	1726
administered by the director of job and family services;	1727

(I) Until July 1, 1997, the department of liquor control,	1728
which shall be administered by the director of liquor control;	1729

(J) The department of public safety, which shall be	1730
administered by the director of public safety;	1731

(K) The department of mental health, which shall be	1732
administered by the director of mental health;	1733

(L) The department of ~~mental retardation and~~ developmental	1734
disabilities, which shall be administered by the director of	1735
~~mental retardation and~~ developmental disabilities;	1736

(M) The department of insurance, which shall be administered	1737
by the superintendent of insurance as director thereof;	1738

(N) The department of development, which shall be	1739
administered by the director of development;	1740

(O) The department of youth services, which shall be	1741
administered by the director of youth services;	1742

(P) The department of rehabilitation and correction, which	1743
shall be administered by the director of rehabilitation and	1744
correction;	1745

(Q) The environmental protection agency, which shall be	1746
administered by the director of environmental protection;	1747

(R) The department of aging, which shall be administered by	1748
the director of aging;	1749

(S) The department of alcohol and drug addiction services,	1750
which shall be administered by the director of alcohol and drug	1751
addiction services;	1752

(T) The department of veterans services, which shall be	1753
administered by the director of veterans services.	1754

The director of each department shall exercise the powers and	1755
perform the duties vested by law in such department.	1756

Sec. 121.03. The following administrative department heads	1757
shall be appointed by the governor, with the advice and consent of	1758
the senate, and shall hold their offices during the term of the	1759
appointing governor, and are subject to removal at the pleasure of	1760
the governor.	1761

(A) The director of budget and management;

1762

(B) The director of commerce;

1763

1764

(D) The director of agriculture;

1765

(E) The director of job and family services;

1766

(F) Until July 1, 1997, the director of liquor control;

1767

(G) The director of public safety;

1768

(H) The superintendent of insurance;

1769

(I) The director of development;

1770

(J) The tax commissioner;

1771

(K) The director of administrative services;

1772

(L) The director of natural resources;

1773

(M) The director of mental health;

1774

(N) The director of ~~mental retardation and~~ developmental	1775
disabilities;	1776

(O) The director of health;

1777

(P) The director of youth services;

1778

(Q) The director of rehabilitation and correction;

1779

(R) The director of environmental protection;

1780

(S) The director of aging;

1781

(T) The director of alcohol and drug addiction services;

1782

(U) The administrator of workers' compensation who meets the	1783
qualifications required under division (A) of section 4121.121 of	1784
the Revised Code;	1785

(V) The director of veterans services who meets the	1786
qualifications required under section 5902.01 of the Revised Code.	1787

Sec. 121.32. The commission on Hispanic-Latino affairs	1788
shall:	1789

(A) Gather and disseminate information and conduct hearings,	1790
conferences, investigations, and special studies on problems and	1791
programs concerning Spanish-speaking people;	1792

(B) Secure appropriate recognition of the accomplishments and	1793
contributions of Spanish-speaking people to this state;	1794

(C) Stimulate public awareness of the problems of	1795
Spanish-speaking people by conducting a program of public	1796
education;	1797

(D) Develop, coordinate, and assist other public and private	1798
organizations that serve Spanish-speaking people, including the	1799
conducting of training programs for community leadership and	1800
service project staff;	1801

(E) Advise the governor, general assembly, and state	1802
departments and agencies of the nature, magnitude, and priorities	1803
of the problems of Spanish-speaking people;	1804

(F) Advise the governor, general assembly, and state	1805
departments and agencies on, and assist in the development and	1806
implementation of, comprehensive and coordinated policies,	1807
programs, and procedures focusing on the special problems and	1808
needs of Spanish-speaking people, especially in the fields of	1809
education, employment, energy, health, housing, welfare, and	1810
recreation;	1811

(G) Propose new programs concerning Spanish-speaking people	1812
to public and private agencies and evaluate for such agencies	1813
existing programs or prospective legislation concerning	1814
Spanish-speaking people;	1815

(H) Review and approve grants to be made from federal, state,	1816
or private funds which are administered or subcontracted by the	1817
office of Spanish-speaking affairs;	1818

(I) Review and approve the annual report prepared by the	1819
office of Spanish-speaking affairs;	1820

(J) Create an interagency council consisting of the following	1821
persons or their authorized representatives: one member of the	1822
senate appointed by the president of the senate; one member of the	1823
house of representatives appointed by the speaker of the house of	1824
representatives; the directors of administrative services,	1825
agriculture, education, development, health, highway safety, job	1826
and family services, liquor control, mental health, ~~mental~~	1827
~~retardation and~~ developmental disabilities, natural resources,	1828
rehabilitation and correction, youth services, transportation,	1829
environmental protection, and budget and management; the	1830
chairperson of the Ohio civil rights commission, the	1831
administrators of the bureau of workers' compensation and the	1832
rehabilitation services commission, and an additional member of	1833
the governor's cabinet appointed by the governor. The commission	1834
on Hispanic-Latino affairs, by rule, may designate other state	1835
officers or their representatives to be members of the council.	1836
The director of the commission shall be the chairperson of the	1837
council.	1838

The interagency council shall provide and coordinate the	1839
exchange of information relative to the needs of Spanish-speaking	1840
people and promote the delivery of state services to such people.	1841
The council shall meet at the call of the chairperson.	1842

Sec. 121.36. (A) As used in this section, "home care	1843
dependent adult" means an individual who resides in a private home	1844
or other noninstitutional and unlicensed living arrangement,	1845
without the presence of a parent or guardian, but has health and	1846
safety needs that require the provision of regularly scheduled	1847
home care services to remain in the home or other living	1848
arrangement because one of the following is the case:	1849

(1) The individual is at least twenty-one years of age but	1850
less than sixty years of age and has a physical disability or	1851
mental impairment.	1852

(2) The individual is sixty years of age or older, regardless	1853
of whether the individual has a physical disability or mental	1854
impairment.	1855

(B) Except as provided in division (D) of this section, the	1856
departments of ~~mental retardation and~~ developmental disabilities,	1857
aging, job and family services, and health shall each implement	1858
this section with respect to all contracts entered into by the	1859
department for the provision of home care services to home care	1860
dependent adults that are paid for in whole or in part with	1861
federal, state, or local funds. Except as provided in division (D)	1862
of this section, each department shall also require all public and	1863
private entities that receive money from or through the department	1864
to comply with this section when entering into contracts for the	1865
provision of home care services to home care dependent adults that	1866
are paid for in whole or in part with federal, state, or local	1867
funds. Such entities may include county boards of mental	1868
retardation and developmental disabilities, area agencies on	1869
aging, county departments of job and family services, and boards	1870
of health of city and general health districts.	1871

(C) Beginning one year after ~~the effective date of this~~	1872
~~section~~September 26, 2003, each contract subject to this section	1873
shall include terms requiring that the provider of home care	1874
services to home care dependent adults have a system in place that	1875
effectively monitors the delivery of the services by its	1876
employees. To be considered an effective monitoring system for	1877
purposes of the contract, the system established by a provider	1878
must include at least the following components:	1879

(1) When providing home care services to home care dependent	1880
adults who have a mental impairment or life-threatening health	1881
condition, a mechanism to verify whether the provider's employees	1882
are present at the location where the services are to be provided	1883
and at the time the services are to be provided;	1884

(2) When providing home care services to all other home care	1885
dependent adults, a system to verify at the end of each working	1886
day whether the provider's employees have provided the services at	1887
the proper location and time;	1888

(3) A protocol to be followed in scheduling a substitute	1889
employee when the monitoring system identifies that an employee	1890
has failed to provide home care services at the proper location	1891
and time, including standards for determining the length of time	1892
that may elapse without jeopardizing the health and safety of the	1893
home care dependent adult;	1894

(4) Procedures for maintaining records of the information	1895
obtained through the monitoring system;	1896

(5) Procedures for compiling annual reports of the	1897
information obtained through the monitoring system, including	1898
statistics on the rate at which home care services were provided	1899
at the proper location and time;	1900

(6) Procedures for conducting random checks of the accuracy	1901
of the monitoring system. For purposes of conducting these checks,	1902
a random check is considered to be a check of not more than five	1903
per cent of the home care visits the provider's employees make to	1904
different home care dependent adults within a particular work	1905
shift.	1906

(D) In implementing this section, the departments shall	1907
exempt providers of home care services who are self-employed	1908
providers with no other employees or are otherwise considered by	1909
the departments not to be agency providers. The departments shall	1910
conduct a study on how the exempted providers may be made subject	1911
to the requirement of effectively monitoring whether home care	1912
services are being provided and have been provided at the proper	1913
location and time. Not later than two years after ~~the effective~~	1914
~~date of this section~~September 26, 2003, the departments shall	1915
prepare a report of their findings and recommendations. The report	1916
shall be submitted to the president of the senate and the speaker	1917
of the house of representatives.	1918

(E) The departments of ~~mental retardation and~~ developmental	1919
disabilities, aging, job and family services, and health shall	1920
each adopt rules as necessary to implement this section. The rules	1921
shall be adopted in accordance with Chapter 119. of the Revised	1922
Code.	1923

Sec. 121.37. (A)(1) There is hereby created the Ohio family	1924
and children first cabinet council. The council shall be composed	1925
of the superintendent of public instruction and the directors of	1926
youth services, job and family services, mental health, health,	1927
alcohol and drug addiction services, ~~mental retardation and~~	1928
developmental disabilities, and budget and management. The	1929
chairperson of the council shall be the governor or the governor's	1930
designee and shall establish procedures for the council's internal	1931
control and management.	1932

The purpose of the cabinet council is to help families	1933
seeking government services. This section shall not be interpreted	1934
or applied to usurp the role of parents, but solely to streamline	1935
and coordinate existing government services for families seeking	1936
assistance for their children.	1937

(2) In seeking to fulfill its purpose, the council may do any	1938
of the following:	1939

(a) Advise and make recommendations to the governor and	1940
general assembly regarding the provision of services to children;	1941

(b) Advise and assess local governments on the coordination	1942
of service delivery to children;	1943

(c) Hold meetings at such times and places as may be	1944
prescribed by the council's procedures and maintain records of the	1945
meetings, except that records identifying individual children are	1946
confidential and shall be disclosed only as provided by law;	1947

(d) Develop programs and projects, including pilot projects,	1948
to encourage coordinated efforts at the state and local level to	1949
improve the state's social service delivery system;	1950

(e) Enter into contracts with and administer grants to county	1951
family and children first councils, as well as other county or	1952
multicounty organizations to plan and coordinate service delivery	1953
between state agencies and local service providers for families	1954
and children;	1955

(f) Enter into contracts with and apply for grants from	1956
federal agencies or private organizations;	1957

(g) Enter into interagency agreements to encourage	1958
coordinated efforts at the state and local level to improve the	1959
state's social service delivery system. The agreements may include	1960
provisions regarding the receipt, transfer, and expenditure of	1961
funds;	1962

(h) Identify public and private funding sources for services	1963
provided to alleged or adjudicated unruly children and children	1964
who are at risk of being alleged or adjudicated unruly children,	1965
including regulations governing access to and use of the services;	1966

(i) Collect information provided by local communities	1967
regarding successful programs for prevention, intervention, and	1968
treatment of unruly behavior, including evaluations of the	1969
programs;	1970

(j) Identify and disseminate publications regarding alleged	1971
or adjudicated unruly children and children who are at risk of	1972
being alleged or adjudicated unruly children and regarding	1973
programs serving those types of children;	1974

(k) Maintain an inventory of strategic planning facilitators	1975
for use by government or nonprofit entities that serve alleged or	1976
adjudicated unruly children or children who are at risk of being	1977
alleged or adjudicated unruly children.	1978

(3) The cabinet council shall provide for the following:

1979

(a) Reviews of service and treatment plans for children for	1980
which such reviews are requested;	1981

(b) Assistance as the council determines to be necessary to	1982
meet the needs of children referred by county family and children	1983
first councils;	1984

(c) Monitoring and supervision of a statewide, comprehensive,	1985
coordinated, multi-disciplinary, interagency system for infants	1986
and toddlers with developmental disabilities or delays and their	1987
families, as established pursuant to federal grants received and	1988
administered by the department of health for early intervention	1989
services under the "Individuals with Disabilities Education Act of	1990
2004," 20 U.S.C.A. 1400, as amended.	1991

(4) The cabinet council shall develop and implement the	1992
following:	1993

(a) An interagency process to select the indicators that will	1994
be used to measure progress toward increasing child well-being in	1995
the state and to update the indicators on an annual basis. The	1996
indicators shall focus on expectant parents and newborns thriving;	1997
infants and toddlers thriving; children being ready for school;	1998
children and youth succeeding in school; youth choosing healthy	1999
behaviors; and youth successfully transitioning into adulthood.	2000

(b) An interagency system to offer guidance and monitor	2001
progress toward increasing child well-being in the state and in	2002
each county;	2003

(c) An annual plan that identifies state-level agency efforts	2004
taken to ensure progress towards increasing child well-being in	2005
the state.	2006

On an annual basis, the cabinet council shall submit to the	2007
governor and the general assembly a report on the status of	2008
efforts to increase child well-being in the state. This report	2009
shall be made available to any other person on request.	2010

(B)(1) Each board of county commissioners shall establish a	2011
county family and children first council. The board may invite any	2012
local public or private agency or group that funds, advocates, or	2013
provides services to children and families to have a	2014
representative become a permanent or temporary member of its	2015
county council. Each county council must include the following	2016
individuals:	2017

(a) At least three individuals who are not employed by an	2018
agency represented on the council and whose families are or have	2019
received services from an agency represented on the council or	2020
another county's council. Where possible, the number of members	2021
representing families shall be equal to twenty per cent of the	2022
council's membership.	2023

(b) The director of the board of alcohol, drug addiction, and	2024
mental health services that serves the county, or, in the case of	2025
a county that has a board of alcohol and drug addiction services	2026
and a community mental health board, the directors of both boards.	2027
If a board of alcohol, drug addiction, and mental health services	2028
covers more than one county, the director may designate a person	2029
to participate on the county's council.	2030

(c) The health commissioner, or the commissioner's designee,	2031
of the board of health of each city and general health district in	2032
the county. If the county has two or more health districts, the	2033
health commissioner membership may be limited to the commissioners	2034
of the two districts with the largest populations.	2035

(d) The director of the county department of job and family	2036
services;	2037

(e) The executive director of the public children services	2038
agency;	2039

(f) The superintendent of the county board of mental	2040
retardation and developmental disabilities;	2041

(g) The superintendent of the city, exempted village, or	2042
local school district with the largest number of pupils residing	2043
in the county, as determined by the department of education, which	2044
shall notify each board of county commissioners of its	2045
determination at least biennially;	2046

(h) A school superintendent representing all other school	2047
districts with territory in the county, as designated at a	2048
biennial meeting of the superintendents of those districts;	2049

(i) A representative of the municipal corporation with the	2050
largest population in the county;	2051

(j) The president of the board of county commissioners or an	2052
individual designated by the board;	2053

(k) A representative of the regional office of the department	2054
of youth services;	2055

(l) A representative of the county's head start agencies, as	2056
defined in section 3301.32 of the Revised Code;	2057

(m) A representative of the county's early intervention	2058
collaborative established pursuant to the federal early	2059
intervention program operated under the "Individuals with	2060
Disabilities Education Act of 2004";	2061

(n) A representative of a local nonprofit entity that funds,	2062
advocates, or provides services to children and families.	2063

Notwithstanding any other provision of law, the public	2064
members of a county council are not prohibited from serving on the	2065
council and making decisions regarding the duties of the council,	2066
including those involving the funding of joint projects and those	2067
outlined in the county's service coordination mechanism	2068
implemented pursuant to division (C) of this section.	2069

The cabinet council shall establish a state appeals process	2070
to resolve disputes among the members of a county council	2071
concerning whether reasonable responsibilities as members are	2072
being shared. The appeals process may be accessed only by a	2073
majority vote of the council members who are required to serve on	2074
the council. Upon appeal, the cabinet council may order that state	2075
funds for services to children and families be redirected to a	2076
county's board of county commissioners.	2077

The county's juvenile court judge senior in service or	2078
another judge of the juvenile court designated by the	2079
administrative judge or, where there is no administrative judge,	2080
by the judge senior in service shall serve as the judicial advisor	2081
to the county family and children first council. The judge may	2082
advise the county council on the court's utilization of resources,	2083
services, or programs provided by the entities represented by the	2084
members of the county council and how those resources, services,	2085
or programs assist the court in its administration of justice.	2086
Service of a judge as a judicial advisor pursuant to this section	2087
is a judicial function.	2088

(2) The purpose of the county council is to streamline and	2089
coordinate existing government services for families seeking	2090
services for their children. In seeking to fulfill its purpose, a	2091
county council shall provide for the following:	2092

(a) Referrals to the cabinet council of those children for	2093
whom the county council cannot provide adequate services;	2094

(b) Development and implementation of a process that annually	2095
evaluates and prioritizes services, fills service gaps where	2096
possible, and invents new approaches to achieve better results for	2097
families and children;	2098

(c) Participation in the development of a countywide,	2099
comprehensive, coordinated, multi-disciplinary, interagency system	2100
for infants and toddlers with developmental disabilities or delays	2101
and their families, as established pursuant to federal grants	2102
received and administered by the department of health for early	2103
intervention services under the "Individuals with Disabilities	2104
Education Act of 2004";	2105

(d) Maintenance of an accountability system to monitor the	2106
county council's progress in achieving results for families and	2107
children;	2108

(e) Establishment of a mechanism to ensure ongoing input from	2109
a broad representation of families who are receiving services	2110
within the county system.	2111

(3) A county council shall develop and implement the	2112
following:	2113

(a) An interagency process to establish local indicators and	2114
monitor the county's progress toward increasing child well-being	2115
in the county;	2116

(b) An interagency process to identify local priorities to	2117
increase child well-being. The local priorities shall focus on	2118
expectant parents and newborns thriving; infants and toddlers	2119
thriving; children being ready for school; children and youth	2120
succeeding in school; youth choosing healthy behaviors; and youth	2121
successfully transitioning into adulthood and take into account	2122
the indicators established by the cabinet council under division	2123
(A)(4)(a) of this section.	2124

(c) An annual plan that identifies the county's interagency	2125
efforts to increase child well-being in the county.	2126

On an annual basis, the county council shall submit a report	2127
on the status of efforts by the county to increase child	2128
well-being in the county to the county's board of county	2129
commissioners and the cabinet council. This report shall be made	2130
available to any other person on request.	2131

(4)(a) Except as provided in division (B)(4)(b) of this	2132
section, a county council shall comply with the policies,	2133
procedures, and activities prescribed by the rules or interagency	2134
agreements of a state department participating on the cabinet	2135
council whenever the county council performs a function subject to	2136
those rules or agreements.	2137

(b) On application of a county council, the cabinet council	2138
may grant an exemption from any rules or interagency agreements of	2139
a state department participating on the council if an exemption is	2140
necessary for the council to implement an alternative program or	2141
approach for service delivery to families and children. The	2142
application shall describe the proposed program or approach and	2143
specify the rules or interagency agreements from which an	2144
exemption is necessary. The cabinet council shall approve or	2145
disapprove the application in accordance with standards and	2146
procedures it shall adopt. If an application is approved, the	2147
exemption is effective only while the program or approach is being	2148
implemented, including a reasonable period during which the	2149
program or approach is being evaluated for effectiveness.	2150

(5)(a) Each county council shall designate an administrative	2151
agent for the council from among the following public entities:	2152
the board of alcohol, drug addiction, and mental health services,	2153
including a board of alcohol and drug addiction or a community	2154
mental health board if the county is served by separate boards;	2155
the board of county commissioners; any board of health of the	2156
county's city and general health districts; the county department	2157
of job and family services; the county agency responsible for the	2158
administration of children services pursuant to section 5153.15 of	2159
the Revised Code; the county board of mental retardation and	2160
developmental disabilities; any of the county's boards of	2161
education or governing boards of educational service centers; or	2162
the county's juvenile court. Any of the foregoing public entities,	2163
other than the board of county commissioners, may decline to serve	2164
as the council's administrative agent.	2165

A county council's administrative agent shall serve as the	2166
council's appointing authority for any employees of the council.	2167
The council shall file an annual budget with its administrative	2168
agent, with copies filed with the county auditor and with the	2169
board of county commissioners, unless the board is serving as the	2170
council's administrative agent. The council's administrative agent	2171
shall ensure that all expenditures are handled in accordance with	2172
policies, procedures, and activities prescribed by state	2173
departments in rules or interagency agreements that are applicable	2174
to the council's functions.	2175

The administrative agent of a county council shall send	2176
notice of a member's absence if a member listed in division (B)(1)	2177
of this section has been absent from either three consecutive	2178
meetings of the county council or a county council subcommittee,	2179
or from one-quarter of such meetings in a calendar year, whichever	2180
is less. The notice shall be sent to the board of county	2181
commissioners that establishes the county council and, for the	2182
members listed in divisions (B)(1)(b), (c), (e), and (l) of this	2183
section, to the governing board overseeing the respective entity;	2184
for the member listed in division (B)(1)(f) of this section, to	2185
the county board of mental retardation and developmental	2186
disabilities that employs the superintendent; for a member listed	2187
in division (B)(1)(g) or (h) of this section, to the school board	2188
that employs the superintendent; for the member listed in division	2189
(B)(1)(i) of this section, to the mayor of the municipal	2190
corporation; for the member listed in division (B)(1)(k) of this	2191
section, to the director of youth services; and for the member	2192
listed in division (B)(1)(n), to that member's board of trustees.	2193

The administrative agent for a county council may do any of	2194
the following on behalf of the council:	2195

(i) Enter into agreements or administer contracts with public	2196
or private entities to fulfill specific council business. Such	2197
agreements and contracts are exempt from the competitive bidding	2198
requirements of section 307.86 of the Revised Code if they have	2199
been approved by the county council and they are for the purchase	2200
of family and child welfare or child protection services or other	2201
social or job and family services for families and children. The	2202
approval of the county council is not required to exempt	2203
agreements or contracts entered into under section 5139.34,	2204
5139.41, or 5139.43 of the Revised Code from the competitive	2205
bidding requirements of section 307.86 of the Revised Code.	2206

(ii) As determined by the council, provide financial	2207
stipends, reimbursements, or both, to family representatives for	2208
expenses related to council activity;	2209

(iii) Receive by gift, grant, devise, or bequest any moneys,	2210
lands, or other property for the purposes for which the council is	2211
established. The agent shall hold, apply, and dispose of the	2212
moneys, lands, or other property according to the terms of the	2213
gift, grant, devise, or bequest. Any interest or earnings shall be	2214
treated in the same manner and are subject to the same terms as	2215
the gift, grant, devise, or bequest from which it accrues.	2216

(b)(i) If the county council designates the board of county	2217
commissioners as its administrative agent, the board may, by	2218
resolution, delegate any of its powers and duties as	2219
administrative agent to an executive committee the board	2220
establishes from the membership of the county council. The board	2221
shall name to the executive committee at least the individuals	2222
described in divisions (B)(1)(b) to (h) of this section and may	2223
appoint the president of the board or another individual as the	2224
chair of the executive committee. The executive committee must	2225
include at least one family county council representative who does	2226
not have a family member employed by an agency represented on the	2227
council.	2228

(ii) The executive committee may, with the approval of the	2229
board, hire an executive director to assist the county council in	2230
administering its powers and duties. The executive director shall	2231
serve in the unclassified civil service at the pleasure of the	2232
executive committee. The executive director may, with the approval	2233
of the executive committee, hire other employees as necessary to	2234
properly conduct the county council's business.	2235

(iii) The board may require the executive committee to submit	2236
an annual budget to the board for approval and may amend or repeal	2237
the resolution that delegated to the executive committee its	2238
authority as the county council's administrative agent.	2239

(6) Two or more county councils may enter into an agreement	2240
to administer their county councils jointly by creating a regional	2241
family and children first council. A regional council possesses	2242
the same duties and authority possessed by a county council,	2243
except that the duties and authority apply regionally rather than	2244
to individual counties. Prior to entering into an agreement to	2245
create a regional council, the members of each county council to	2246
be part of the regional council shall meet to determine whether	2247
all or part of the members of each county council will serve as	2248
members of the regional council.	2249

(7) A board of county commissioners may approve a resolution	2250
by a majority vote of the board's members that requires the county	2251
council to submit a statement to the board each time the council	2252
proposes to enter into an agreement, adopt a plan, or make a	2253
decision, other than a decision pursuant to section 121.38 of the	2254
Revised Code, that requires the expenditure of funds for two or	2255
more families. The statement shall describe the proposed	2256
agreement, plan, or decision.	2257

Not later than fifteen days after the board receives the	2258
statement, it shall, by resolution approved by a majority of its	2259
members, approve or disapprove the agreement, plan, or decision.	2260
Failure of the board to pass a resolution during that time period	2261
shall be considered approval of the agreement, plan, or decision.	2262

An agreement, plan, or decision for which a statement is	2263
required to be submitted to the board shall be implemented only if	2264
it is approved by the board.	2265

(C) Each county shall develop a county service coordination	2266
mechanism. The county service coordination mechanism shall serve	2267
as the guiding document for coordination of services in the	2268
county. For children who also receive services under the help me	2269
grow program, the service coordination mechanism shall be	2270
consistent with rules adopted by the department of health under	2271
section 3701.61 of the Revised Code. All family service	2272
coordination plans shall be developed in accordance with the	2273
county service coordination mechanism. The mechanism shall be	2274
developed and approved with the participation of the county	2275
entities representing child welfare; mental retardation and	2276
developmental disabilities; alcohol, drug addiction, and mental	2277
health services; health; juvenile judges; education; the county	2278
family and children first council; and the county early	2279
intervention collaborative established pursuant to the federal	2280
early intervention program operated under the "Individuals with	2281
Disabilities Education Act of 2004." The county shall establish an	2282
implementation schedule for the mechanism. The cabinet council may	2283
monitor the implementation and administration of each county's	2284
service coordination mechanism.	2285

Each mechanism shall include all of the following:

2286

(1) A procedure for an agency, including a juvenile court, or	2287
a family voluntarily seeking service coordination, to refer the	2288
child and family to the county council for service coordination in	2289
accordance with the mechanism;	2290

(2) A procedure ensuring that a family and all appropriate	2291
staff from involved agencies, including a representative from the	2292
appropriate school district, are notified of and invited to	2293
participate in all family service coordination plan meetings;	2294

(3) A procedure that permits a family to initiate a meeting	2295
to develop or review the family's service coordination plan and	2296
allows the family to invite a family advocate, mentor, or support	2297
person of the family's choice to participate in any such meeting;	2298

(4) A procedure for ensuring that a family service	2299
coordination plan meeting is conducted for each child who receives	2300
service coordination under the mechanism and for whom an emergency	2301
out-of-home placement has been made or for whom a nonemergency	2302
out-of-home placement is being considered. The meeting shall be	2303
conducted within ten days of an emergency out-of-home placement.	2304
The meeting shall be conducted before a nonemergency out-of-home	2305
placement. The family service coordination plan shall outline how	2306
the county council members will jointly pay for services, where	2307
applicable, and provide services in the least restrictive	2308
environment.	2309

(5) A procedure for monitoring the progress and tracking the	2310
outcomes of each service coordination plan requested in the county	2311
including monitoring and tracking children in out-of-home	2312
placements to assure continued progress, appropriateness of	2313
placement, and continuity of care after discharge from placement	2314
with appropriate arrangements for housing, treatment, and	2315
education.	2316

(6) A procedure for protecting the confidentiality of all	2317
personal family information disclosed during service coordination	2318
meetings or contained in the comprehensive family service	2319
coordination plan.	2320

(7) A procedure for assessing the needs and strengths of any	2321
child or family that has been referred to the council for service	2322
coordination, including a child whose parent or custodian is	2323
voluntarily seeking services, and for ensuring that parents and	2324
custodians are afforded the opportunity to participate;	2325

(8) A procedure for development of a family service	2326
coordination plan described in division (D) of this section;	2327

(9) A local dispute resolution process to serve as the	2328
process that must be used first to resolve disputes among the	2329
agencies represented on the county council concerning the	2330
provision of services to children, including children who are	2331
abused, neglected, dependent, unruly, alleged unruly, or	2332
delinquent children and under the jurisdiction of the juvenile	2333
court and children whose parents or custodians are voluntarily	2334
seeking services. The local dispute resolution process shall	2335
comply with sections 121.38, 121.381, and 121.382 of the Revised	2336
Code. The local dispute resolution process shall be used to	2337
resolve disputes between a child's parents or custodians and the	2338
county council regarding service coordination. The county council	2339
shall inform the parents or custodians of their right to use the	2340
dispute resolution process. Parents or custodians shall use	2341
existing local agency grievance procedures to address disputes not	2342
involving service coordination. The dispute resolution process is	2343
in addition to and does not replace other rights or procedures	2344
that parents or custodians may have under other sections of the	2345
Revised Code.	2346

The cabinet council shall adopt rules in accordance with	2347
Chapter 119. of the Revised Code establishing an administrative	2348
review process to address problems that arise concerning the	2349
operation of a local dispute resolution process.	2350

Nothing in division (C)(4) of this section shall be	2351
interpreted as overriding or affecting decisions of a juvenile	2352
court regarding an out-of-home placement, long-term placement, or	2353
emergency out-of-home placement.	2354

(D) Each county shall develop a family service coordination	2355
plan that does all of the following:	2356

(1) Designates service responsibilities among the various	2357
state and local agencies that provide services to children and	2358
their families, including children who are abused, neglected,	2359
dependent, unruly, or delinquent children and under the	2360
jurisdiction of the juvenile court and children whose parents or	2361
custodians are voluntarily seeking services;	2362

(2) Designates an individual, approved by the family, to	2363
track the progress of the family service coordination plan,	2364
schedule reviews as necessary, and facilitate the family service	2365
coordination plan meeting process;	2366

(3) Ensures that assistance and services to be provided are	2367
responsive to the strengths and needs of the family, as well as	2368
the family's culture, race, and ethnic group, by allowing the	2369
family to offer information and suggestions and participate in	2370
decisions. Identified assistance and services shall be provided in	2371
the least restrictive environment possible.	2372

(4) Includes a process for dealing with a child who is	2373
alleged to be an unruly child. The process shall include methods	2374
to divert the child from the juvenile court system;	2375

(5) Includes timelines for completion of goals specified in	2376
the plan with regular reviews scheduled to monitor progress toward	2377
those goals;	2378

(6) Includes a plan for dealing with short-term crisis	2379
situations and safety concerns.	2380

(E)(1) The process provided for under division (D)(4) of this	2381
section may include, but is not limited to, the following:	2382

(a) Designation of the person or agency to conduct the	2383
assessment of the child and the child's family as described in	2384
division (C)(7) of this section and designation of the instrument	2385
or instruments to be used to conduct the assessment;	2386

(b) An emphasis on the personal responsibilities of the child	2387
and the parental responsibilities of the parents, guardian, or	2388
custodian of the child;	2389

(c) Involvement of local law enforcement agencies and	2390
officials.	2391

(2) The method to divert a child from the juvenile court	2392
system that must be included in the service coordination process	2393
may include, but is not limited to, the following:	2394

(a) The preparation of a complaint under section 2151.27 of	2395
the Revised Code alleging that the child is an unruly child and	2396
notifying the child and the parents, guardian, or custodian that	2397
the complaint has been prepared to encourage the child and the	2398
parents, guardian, or custodian to comply with other methods to	2399
divert the child from the juvenile court system;	2400

(b) Conducting a meeting with the child, the parents,	2401
guardian, or custodian, and other interested parties to determine	2402
the appropriate methods to divert the child from the juvenile	2403
court system;	2404

(c) A method to provide to the child and the child's family a	2405
short-term respite from a short-term crisis situation involving a	2406
confrontation between the child and the parents, guardian, or	2407
custodian;	2408

(d) A program to provide a mentor to the child or the	2409
parents, guardian, or custodian;	2410

(e) A program to provide parenting education to the parents,	2411
guardian, or custodian;	2412

(f) An alternative school program for children who are truant	2413
from school, repeatedly disruptive in school, or suspended or	2414
expelled from school;	2415

(g) Other appropriate measures, including, but not limited	2416
to, any alternative methods to divert a child from the juvenile	2417
court system that are identified by the Ohio family and children	2418
first cabinet council.	2419

(F) Each county may review and revise the service	2420
coordination process described in division (D) of this section	2421
based on the availability of funds under Title IV-A of the "Social	2422
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	2423
or to the extent resources are available from any other federal,	2424
state, or local funds.	2425

Sec. 123.01. (A) The department of administrative services,	2426
in addition to those powers enumerated in Chapters 124. and 125.	2427
of the Revised Code and provided elsewhere by law, shall exercise	2428
the following powers:	2429

(1) To prepare, or contract to be prepared, by licensed	2430
engineers or architects, surveys, general and detailed plans,	2431
specifications, bills of materials, and estimates of cost for any	2432
projects, improvements, or public buildings to be constructed by	2433
state agencies that may be authorized by legislative	2434
appropriations or any other funds made available therefor,	2435
provided that the construction of the projects, improvements, or	2436
public buildings is a statutory duty of the department. This	2437
section does not require the independent employment of an	2438
architect or engineer as provided by section 153.01 of the Revised	2439
Code in the cases to which that section applies nor affect or	2440
alter the existing powers of the director of transportation.	2441

(2) To have general supervision over the construction of any	2442
projects, improvements, or public buildings constructed for a	2443
state agency and over the inspection of materials previous to	2444
their incorporation into those projects, improvements, or	2445
buildings;	2446

(3) To make contracts for and supervise the construction of	2447
any projects and improvements or the construction and repair of	2448
buildings under the control of a state agency, except contracts	2449
for the repair of buildings under the management and control of	2450
the departments of public safety, job and family services, mental	2451
health, ~~mental retardation and~~ developmental disabilities,	2452
rehabilitation and correction, and youth services, the bureau of	2453
workers' compensation, the rehabilitation services commission, and	2454
boards of trustees of educational and benevolent institutions and	2455
except contracts for the construction of projects that do not	2456
require the issuance of a building permit or the issuance of a	2457
certificate of occupancy and that are necessary to remediate	2458
conditions at a hazardous waste facility, solid waste facility, or	2459
other location at which the director of environmental protection	2460
has reason to believe there is a substantial threat to public	2461
health or safety or the environment. These contracts shall be made	2462
and entered into by the directors of public safety, job and family	2463
services, mental health, ~~mental retardation and~~ developmental	2464
disabilities, rehabilitation and correction, and youth services,	2465
the administrator of workers' compensation, the rehabilitation	2466
services commission, the boards of trustees of such institutions,	2467
and the director of environmental protection, respectively. All	2468
such contracts may be in whole or in part on unit price basis of	2469
maximum estimated cost, with payment computed and made upon actual	2470
quantities or units.	2471

(4) To prepare and suggest comprehensive plans for the	2472
development of grounds and buildings under the control of a state	2473
agency;	2474

(5) To acquire, by purchase, gift, devise, lease, or grant,	2475
all real estate required by a state agency, in the exercise of	2476
which power the department may exercise the power of eminent	2477
domain, in the manner provided by sections 163.01 to 163.22 of the	2478
Revised Code;	2479

(6) To make and provide all plans, specifications, and models	2480
for the construction and perfection of all systems of sewerage,	2481
drainage, and plumbing for the state in connection with buildings	2482
and grounds under the control of a state agency;	2483

(7) To erect, supervise, and maintain all public monuments	2484
and memorials erected by the state, except where the supervision	2485
and maintenance is otherwise provided by law;	2486

(8) To procure, by lease, storage accommodations for a state	2487
agency;	2488

(9) To lease or grant easements or licenses for unproductive	2489
and unused lands or other property under the control of a state	2490
agency. Such leases, easements, or licenses shall be granted for a	2491
period not to exceed fifteen years and shall be executed for the	2492
state by the director of administrative services and the governor	2493
and shall be approved as to form by the attorney general, provided	2494
that leases, easements, or licenses may be granted to any county,	2495
township, municipal corporation, port authority, water or sewer	2496
district, school district, library district, health district, park	2497
district, soil and water conservation district, conservancy	2498
district, or other political subdivision or taxing district, or	2499
any agency of the United States government, for the exclusive use	2500
of that agency, political subdivision, or taxing district, without	2501
any right of sublease or assignment, for a period not to exceed	2502
fifteen years, and provided that the director shall grant leases,	2503
easements, or licenses of university land for periods not to	2504
exceed twenty-five years for purposes approved by the respective	2505
university's board of trustees wherein the uses are compatible	2506
with the uses and needs of the university and may grant leases of	2507
university land for periods not to exceed forty years for purposes	2508
approved by the respective university's board of trustees pursuant	2509
to section 123.77 of the Revised Code.	2510

(10) To lease office space in buildings for the use of a	2511
state agency;	2512

(11) To have general supervision and care of the storerooms,	2513
offices, and buildings leased for the use of a state agency;	2514

(12) To exercise general custodial care of all real property	2515
of the state;	2516

(13) To assign and group together state offices in any city	2517
in the state and to establish, in cooperation with the state	2518
agencies involved, rules governing space requirements for office	2519
or storage use;	2520

(14) To lease for a period not to exceed forty years,	2521
pursuant to a contract providing for the construction thereof	2522
under a lease-purchase plan, buildings, structures, and other	2523
improvements for any public purpose, and, in conjunction	2524
therewith, to grant leases, easements, or licenses for lands under	2525
the control of a state agency for a period not to exceed forty	2526
years. The lease-purchase plan shall provide that at the end of	2527
the lease period, the buildings, structures, and related	2528
improvements, together with the land on which they are situated,	2529
shall become the property of the state without cost.	2530

(a) Whenever any building, structure, or other improvement is	2531
to be so leased by a state agency, the department shall retain	2532
either basic plans, specifications, bills of materials, and	2533
estimates of cost with sufficient detail to afford bidders all	2534
needed information or, alternatively, all of the following plans,	2535
details, bills of materials, and specifications:	2536

(i) Full and accurate plans suitable for the use of mechanics	2537
and other builders in the improvement;	2538

(ii) Details to scale and full sized, so drawn and	2539
represented as to be easily understood;	2540

(iii) Accurate bills showing the exact quantity of different	2541
kinds of material necessary to the construction;	2542

(iv) Definite and complete specifications of the work to be	2543
performed, together with such directions as will enable a	2544
competent mechanic or other builder to carry them out and afford	2545
bidders all needed information;	2546

(v) A full and accurate estimate of each item of expense and	2547
of the aggregate cost thereof.	2548

(b) The department shall give public notice, in such	2549
newspaper, in such form, and with such phraseology as the director	2550
of administrative services prescribes, published once each week	2551
for four consecutive weeks, of the time when and place where bids	2552
will be received for entering into an agreement to lease to a	2553
state agency a building, structure, or other improvement. The last	2554
publication shall be at least eight days preceding the day for	2555
opening the bids. The bids shall contain the terms upon which the	2556
builder would propose to lease the building, structure, or other	2557
improvement to the state agency. The form of the bid approved by	2558
the department shall be used, and a bid is invalid and shall not	2559
be considered unless that form is used without change, alteration,	2560
or addition. Before submitting bids pursuant to this section, any	2561
builder shall comply with Chapter 153. of the Revised Code.	2562

(c) On the day and at the place named for receiving bids for	2563
entering into lease agreements with a state agency, the director	2564
of administrative services shall open the bids and shall publicly	2565
proceed immediately to tabulate the bids upon duplicate sheets. No	2566
lease agreement shall be entered into until the bureau of workers'	2567
compensation has certified that the person to be awarded the lease	2568
agreement has complied with Chapter 4123. of the Revised Code,	2569
until, if the builder submitting the lowest and best bid is a	2570
foreign corporation, the secretary of state has certified that the	2571
corporation is authorized to do business in this state, until, if	2572
the builder submitting the lowest and best bid is a person	2573
nonresident of this state, the person has filed with the secretary	2574
of state a power of attorney designating the secretary of state as	2575
its agent for the purpose of accepting service of summons in any	2576
action brought under Chapter 4123. of the Revised Code, and until	2577
the agreement is submitted to the attorney general and the	2578
attorney general's approval is certified thereon. Within thirty	2579
days after the day on which the bids are received, the department	2580
shall investigate the bids received and shall determine that the	2581
bureau and the secretary of state have made the certifications	2582
required by this section of the builder who has submitted the	2583
lowest and best bid. Within ten days of the completion of the	2584
investigation of the bids, the department shall award the lease	2585
agreement to the builder who has submitted the lowest and best bid	2586
and who has been certified by the bureau and secretary of state as	2587
required by this section. If bidding for the lease agreement has	2588
been conducted upon the basis of basic plans, specifications,	2589
bills of materials, and estimates of costs, upon the award to the	2590
builder the department, or the builder with the approval of the	2591
department, shall appoint an architect or engineer licensed in	2592
this state to prepare such further detailed plans, specifications,	2593
and bills of materials as are required to construct the building,	2594
structure, or improvement. The department shall adopt such rules	2595
as are necessary to give effect to this section. The department	2596
may reject any bid. Where there is reason to believe there is	2597
collusion or combination among bidders, the bids of those	2598
concerned therein shall be rejected.	2599

(15) To acquire by purchase, gift, devise, or grant and to	2600
transfer, lease, or otherwise dispose of all real property	2601
required to assist in the development of a conversion facility as	2602
defined in section 5709.30 of the Revised Code as that section	2603
existed before its repeal by Amended Substitute House Bill 95 of	2604
the 125th general assembly;	2605

(16) To lease for a period not to exceed forty years,	2606
notwithstanding any other division of this section, the	2607
state-owned property located at 408-450 East Town Street,	2608
Columbus, Ohio, formerly the state school for the deaf, to a	2609
developer in accordance with this section. "Developer," as used in	2610
this section, has the same meaning as in section 123.77 of the	2611
Revised Code.	2612

Such a lease shall be for the purpose of development of the	2613
land for use by senior citizens by constructing, altering,	2614
renovating, repairing, expanding, and improving the site as it	2615
existed on June 25, 1982. A developer desiring to lease the land	2616
shall prepare for submission to the department a plan for	2617
development. Plans shall include provisions for roads, sewers,	2618
water lines, waste disposal, water supply, and similar matters to	2619
meet the requirements of state and local laws. The plans shall	2620
also include provision for protection of the property by insurance	2621
or otherwise, and plans for financing the development, and shall	2622
set forth details of the developer's financial responsibility.	2623

The department may employ, as employees or consultants,	2624
persons needed to assist in reviewing the development plans. Those	2625
persons may include attorneys, financial experts, engineers, and	2626
other necessary experts. The department shall review the	2627
development plans and may enter into a lease if it finds all of	2628
the following:	2629

(a) The best interests of the state will be promoted by	2630
entering into a lease with the developer;	2631

(b) The development plans are satisfactory;

2632

(c) The developer has established the developer's financial	2633
responsibility and satisfactory plans for financing the	2634
development.	2635

The lease shall contain a provision that construction or	2636
renovation of the buildings, roads, structures, and other	2637
necessary facilities shall begin within one year after the date of	2638
the lease and shall proceed according to a schedule agreed to	2639
between the department and the developer or the lease will be	2640
terminated. The lease shall contain such conditions and	2641
stipulations as the director considers necessary to preserve the	2642
best interest of the state. Moneys received by the state pursuant	2643
to this lease shall be paid into the general revenue fund. The	2644
lease shall provide that at the end of the lease period the	2645
buildings, structures, and related improvements shall become the	2646
property of the state without cost.	2647

(17) To lease to any person any tract of land owned by the	2648
state and under the control of the department, or any part of such	2649
a tract, for the purpose of drilling for or the pooling of oil or	2650
gas. Such a lease shall be granted for a period not exceeding	2651
forty years, with the full power to contract for, determine the	2652
conditions governing, and specify the amount the state shall	2653
receive for the purposes specified in the lease, and shall be	2654
prepared as in other cases.	2655

(18) To manage the use of space owned and controlled by the	2656
department, including space in property under the jurisdiction of	2657
the Ohio building authority, by doing all of the following:	2658

(a) Biennially implementing, by state agency location, a	2659
census of agency employees assigned space;	2660

(b) Periodically in the discretion of the director of	2661
administrative services:	2662

(i) Requiring each state agency to categorize the use of	2663
space allotted to the agency between office space, common areas,	2664
storage space, and other uses, and to report its findings to the	2665
department;	2666

(ii) Creating and updating a master space utilization plan	2667
for all space allotted to state agencies. The plan shall	2668
incorporate space utilization metrics.	2669

(iii) Conducting a cost-benefit analysis to determine the	2670
effectiveness of state-owned buildings;	2671

(iv) Assessing the alternatives associated with consolidating	2672
the commercial leases for buildings located in Columbus.	2673

(c) Commissioning a comprehensive space utilization and	2674
capacity study in order to determine the feasibility of	2675
consolidating existing commercially leased space used by state	2676
agencies into a new state-owned facility.	2677

(B) This section and section 125.02 of the Revised Code shall	2678
not interfere with any of the following:	2679

(1) The power of the adjutant general to purchase military	2680
supplies, or with the custody of the adjutant general of property	2681
leased, purchased, or constructed by the state and used for	2682
military purposes, or with the functions of the adjutant general	2683
as director of state armories;	2684

(2) The power of the director of transportation in acquiring	2685
rights-of-way for the state highway system, or the leasing of	2686
lands for division or resident district offices, or the leasing of	2687
lands or buildings required in the maintenance operations of the	2688
department of transportation, or the purchase of real property for	2689
garage sites or division or resident district offices, or in	2690
preparing plans and specifications for and constructing such	2691
buildings as the director may require in the administration of the	2692
department;	2693

(3) The power of the director of public safety and the	2694
registrar of motor vehicles to purchase or lease real property and	2695
buildings to be used solely as locations to which a deputy	2696
registrar is assigned pursuant to division (B) of section 4507.011	2697
of the Revised Code and from which the deputy registrar is to	2698
conduct the deputy registrar's business, the power of the director	2699
of public safety to purchase or lease real property and buildings	2700
to be used as locations for division or district offices as	2701
required in the maintenance of operations of the department of	2702
public safety, and the power of the superintendent of the state	2703
highway patrol in the purchase or leasing of real property and	2704
buildings needed by the patrol, to negotiate the sale of real	2705
property owned by the patrol, to rent or lease real property owned	2706
or leased by the patrol, and to make or cause to be made repairs	2707
to all property owned or under the control of the patrol;	2708

(4) The power of the division of liquor control in the	2709
leasing or purchasing of retail outlets and warehouse facilities	2710
for the use of the division;	2711

(5) The power of the director of development to enter into	2712
leases of real property, buildings, and office space to be used	2713
solely as locations for the state's foreign offices to carry out	2714
the purposes of section 122.05 of the Revised Code;	2715

(6) The power of the director of environmental protection to	2716
enter into environmental covenants, to grant and accept easements,	2717
or to sell property pursuant to division (G) of section 3745.01 of	2718
the Revised Code.	2719

(C) Purchases for, and the custody and repair of, buildings	2720
under the management and control of the capitol square review and	2721
advisory board, the rehabilitation services commission, the bureau	2722
of workers' compensation, or the departments of public safety, job	2723
and family services, mental health, ~~mental retardation and~~	2724
developmental disabilities, and rehabilitation and correction, and	2725
buildings of educational and benevolent institutions under the	2726
management and control of boards of trustees, are not subject to	2727
the control and jurisdiction of the department of administrative	2728
services.	2729

(D) Any instrument by which real property is acquired	2730
pursuant to this section shall identify the agency of the state	2731
that has the use and benefit of the real property as specified in	2732
section 5301.012 of the Revised Code.	2733

Sec. 124.11. The civil service of the state and the several	2734
counties, cities, civil service townships, city health districts,	2735
general health districts, and city school districts of the state	2736
shall be divided into the unclassified service and the classified	2737
service.	2738

(A) The unclassified service shall comprise the following	2739
positions, which shall not be included in the classified service,	2740
and which shall be exempt from all examinations required by this	2741
chapter:	2742

(1) All officers elected by popular vote or persons appointed	2743
to fill vacancies in those offices;	2744

(2) All election officers as defined in section 3501.01 of	2745
the Revised Code;	2746

(3)(a) The members of all boards and commissions, and heads	2747
of principal departments, boards, and commissions appointed by the	2748
governor or by and with the governor's consent;	2749

(b) The heads of all departments appointed by a board of	2750
county commissioners;	2751

(c) The members of all boards and commissions and all heads	2752
of departments appointed by the mayor, or, if there is no mayor,	2753
such other similar chief appointing authority of any city or city	2754
school district;	2755

Except as otherwise provided in division (A)(17) or (C) of	2756
this section, this chapter does not exempt the chiefs of police	2757
departments and chiefs of fire departments of cities or civil	2758
service townships from the competitive classified service.	2759

(4) The members of county or district licensing boards or	2760
commissions and boards of revision, and not more than five deputy	2761
county auditors;	2762

(5) All officers and employees elected or appointed by either	2763
or both branches of the general assembly, and employees of the	2764
city legislative authority engaged in legislative duties;	2765

(6) All commissioned, warrant, and noncommissioned officers	2766
and enlisted persons in the Ohio organized militia, including	2767
military appointees in the adjutant general's department;	2768

(7)(a) All presidents, business managers, administrative	2769
officers, superintendents, assistant superintendents, principals,	2770
deans, assistant deans, instructors, teachers, and such employees	2771
as are engaged in educational or research duties connected with	2772
the public school system, colleges, and universities, as	2773
determined by the governing body of the public school system,	2774
colleges, and universities;	2775

(b) The library staff of any library in the state supported	2776
wholly or in part at public expense.	2777

(8) Four clerical and administrative support employees for	2778
each of the elective state officers, four clerical and	2779
administrative support employees for each board of county	2780
commissioners and one such employee for each county commissioner,	2781
and four clerical and administrative support employees for other	2782
elective officers and each of the principal appointive executive	2783
officers, boards, or commissions, except for civil service	2784
commissions, that are authorized to appoint such clerical and	2785
administrative support employees;	2786

(9) The deputies and assistants of state agencies authorized	2787
to act for and on behalf of the agency, or holding a fiduciary or	2788
administrative relation to that agency and those persons employed	2789
by and directly responsible to elected county officials or a	2790
county administrator and holding a fiduciary or administrative	2791
relationship to such elected county officials or county	2792
administrator, and the employees of such county officials whose	2793
fitness would be impracticable to determine by competitive	2794
examination, provided that division (A)(9) of this section shall	2795
not affect those persons in county employment in the classified	2796
service as of September 19, 1961. Nothing in division (A)(9) of	2797
this section applies to any position in a county department of job	2798
and family services created pursuant to Chapter 329. of the	2799
Revised Code.	2800

(10) Bailiffs, constables, official stenographers, and	2801
commissioners of courts of record, deputies of clerks of the	2802
courts of common pleas who supervise or who handle public moneys	2803
or secured documents, and such officers and employees of courts of	2804
record and such deputies of clerks of the courts of common pleas	2805
as the director of administrative services finds it impracticable	2806
to determine their fitness by competitive examination;	2807

(11) Assistants to the attorney general, special counsel	2808
appointed or employed by the attorney general, assistants to	2809
county prosecuting attorneys, and assistants to city directors of	2810
law;	2811

(12) Such teachers and employees in the agricultural	2812
experiment stations; such students in normal schools, colleges,	2813
and universities of the state who are employed by the state or a	2814
political subdivision of the state in student or intern	2815
classifications; and such unskilled labor positions as the	2816
director of administrative services or any municipal civil service	2817
commission may find it impracticable to include in the competitive	2818
classified service; provided such exemptions shall be by order of	2819
the commission or the director, duly entered on the record of the	2820
commission or the director with the reasons for each such	2821
exemption;	2822

(13) Any physician or dentist who is a full-time employee of	2823
the department of mental health, the department of ~~mental~~	2824
~~retardation and~~ developmental disabilities, or an institution	2825
under the jurisdiction of either department; and physicians who	2826
are in residency programs at the institutions;	2827

(14) Up to twenty positions at each institution under the	2828
jurisdiction of the department of mental health or the department	2829
of ~~mental retardation and~~ developmental disabilities that the	2830
department director determines to be primarily administrative or	2831
managerial; and up to fifteen positions in any division of either	2832
department, excluding administrative assistants to the director	2833
and division chiefs, which are within the immediate staff of a	2834
division chief and which the director determines to be primarily	2835
and distinctively administrative and managerial;	2836

(15) Noncitizens of the United States employed by the state,	2837
or its counties or cities, as physicians or nurses who are duly	2838
licensed to practice their respective professions under the laws	2839
of this state, or medical assistants, in mental or chronic disease	2840
hospitals, or institutions;	2841

(16) Employees of the governor's office;

2842

(17) Fire chiefs and chiefs of police in civil service	2843
townships appointed by boards of township trustees under section	2844
505.38 or 505.49 of the Revised Code;	2845

(18) Executive directors, deputy directors, and program	2846
directors employed by boards of alcohol, drug addiction, and	2847
mental health services under Chapter 340. of the Revised Code, and	2848
secretaries of the executive directors, deputy directors, and	2849
program directors;	2850

(19) Superintendents, and management employees as defined in	2851
section 5126.20 of the Revised Code, of county boards of mental	2852
retardation and developmental disabilities;	2853

(20) Physicians, nurses, and other employees of a county	2854
hospital who are appointed pursuant to sections 339.03 and 339.06	2855
of the Revised Code;	2856

(21) The executive director of the state medical board, who	2857
is appointed pursuant to division (B) of section 4731.05 of the	2858
Revised Code;	2859

(22) County directors of job and family services as provided	2860
in section 329.02 of the Revised Code and administrators appointed	2861
under section 329.021 of the Revised Code;	2862

(23) A director of economic development who is hired pursuant	2863
to division (A) of section 307.07 of the Revised Code;	2864

(24) Chiefs of construction and compliance, of operations and	2865
maintenance, and of licensing and certification in the division of	2866
industrial compliance in the department of commerce;	2867

(25) The executive director of a county transit system	2868
appointed under division (A) of section 306.04 of the Revised	2869
Code;	2870

(26) Up to five positions at each of the administrative	2871
departments listed in section 121.02 of the Revised Code and at	2872
the department of taxation, department of the adjutant general,	2873
department of education, Ohio board of regents, bureau of workers'	2874
compensation, industrial commission, state lottery commission, and	2875
public utilities commission of Ohio that the head of that	2876
administrative department or of that other state agency determines	2877
to be involved in policy development and implementation. The head	2878
of the administrative department or other state agency shall set	2879
the compensation for employees in these positions at a rate that	2880
is not less than the minimum compensation specified in pay range	2881
41 but not more than the maximum compensation specified in pay	2882
range 44 of salary schedule E-2 in section 124.152 of the Revised	2883
Code. The authority to establish positions in the unclassified	2884
service under division (A)(26) of this section is in addition to	2885
and does not limit any other authority that an administrative	2886
department or state agency has under the Revised Code to establish	2887
positions, appoint employees, or set compensation.	2888

(27) Employees of the department of agriculture employed	2889
under section 901.09 of the Revised Code;	2890

(28) For cities, counties, civil service townships, city	2891
health districts, general health districts, and city school	2892
districts, the deputies and assistants of elective or principal	2893
executive officers authorized to act for and in the place of their	2894
principals or holding a fiduciary relation to their principals;	2895

(29) Employees who receive intermittent or temporary	2896
appointments under division (B) of section 124.30 of the Revised	2897
Code;	2898

(30) Employees appointed to administrative staff positions	2899
for which an appointing authority is given specific statutory	2900
authority to set compensation;	2901

(31) Employees appointed to highway patrol cadet or highway	2902
patrol cadet candidate classifications;	2903

(32) Employees placed in the unclassified service by another	2904
section of the Revised Code.	2905

(B) The classified service shall comprise all persons in the	2906
employ of the state and the several counties, cities, city health	2907
districts, general health districts, and city school districts of	2908
the state, not specifically included in the unclassified service.	2909
Upon the creation by the board of trustees of a civil service	2910
township civil service commission, the classified service shall	2911
also comprise, except as otherwise provided in division (A)(17) or	2912
(C) of this section, all persons in the employ of a civil service	2913
township police or fire department having ten or more full-time	2914
paid employees. The classified service consists of two classes,	2915
which shall be designated as the competitive class and the	2916
unskilled labor class.	2917

(1) The competitive class shall include all positions and	2918
employments in the state and the counties, cities, city health	2919
districts, general health districts, and city school districts of	2920
the state, and, upon the creation by the board of trustees of a	2921
civil service township of a township civil service commission, all	2922
positions in a civil service township police or fire department	2923
having ten or more full-time paid employees, for which it is	2924
practicable to determine the merit and fitness of applicants by	2925
competitive examinations. Appointments shall be made to, or	2926
employment shall be given in, all positions in the competitive	2927
class that are not filled by promotion, reinstatement, transfer,	2928
or reduction, as provided in this chapter, and the rules of the	2929
director of administrative services, by appointment from those	2930
certified to the appointing officer in accordance with this	2931
chapter.	2932

(2) The unskilled labor class shall include ordinary	2933
unskilled laborers. Vacancies in the labor class for positions in	2934
service of the state shall be filled by appointment from lists of	2935
applicants registered by the director. Vacancies in the labor	2936
class for all other positions shall be filled by appointment from	2937
lists of applicants registered by a commission. The director or	2938
the commission, as applicable, by rule, shall require an applicant	2939
for registration in the labor class to furnish evidence or take	2940
tests as the director or commission considers proper with respect	2941
to age, residence, physical condition, ability to labor, honesty,	2942
sobriety, industry, capacity, and experience in the work or	2943
employment for which application is made. Laborers who fulfill the	2944
requirements shall be placed on the eligible list for the kind of	2945
labor or employment sought, and preference shall be given in	2946
employment in accordance with the rating received from that	2947
evidence or in those tests. Upon the request of an appointing	2948
officer, stating the kind of labor needed, the pay and probable	2949
length of employment, and the number to be employed, the director	2950
or commission, as applicable, shall certify from the highest on	2951
the list double the number to be employed; from this number, the	2952
appointing officer shall appoint the number actually needed for	2953
the particular work. If more than one applicant receives the same	2954
rating, priority in time of application shall determine the order	2955
in which their names shall be certified for appointment.	2956

(C) A municipal or civil service township civil service	2957
commission may place volunteer firefighters who are paid on a	2958
fee-for-service basis in either the classified or the unclassified	2959
civil service.	2960

(D) This division does not apply to persons in the	2961
unclassified service who have the right to resume positions in the	2962
classified service under sections 4121.121, 5119.071, 5120.07,	2963
5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the	2964
Revised Code.	2965

An appointing authority whose employees are paid directly by	2966
warrant of the director of budget and management may appoint a	2967
person who holds a certified position in the classified service	2968
within the appointing authority's agency to a position in the	2969
unclassified service within that agency. A person appointed	2970
pursuant to this division to a position in the unclassified	2971
service shall retain the right to resume the position and status	2972
held by the person in the classified service immediately prior to	2973
the person's appointment to the position in the unclassified	2974
service, regardless of the number of positions the person held in	2975
the unclassified service. An employee's right to resume a position	2976
in the classified service may only be exercised when an appointing	2977
authority demotes the employee to a pay range lower than the	2978
employee's current pay range or revokes the employee's appointment	2979
to the unclassified service. An employee forfeits the right to	2980
resume a position in the classified service when the employee is	2981
removed from the position in the unclassified service due to	2982
incompetence, inefficiency, dishonesty, drunkenness, immoral	2983
conduct, insubordination, discourteous treatment of the public,	2984
neglect of duty, violation of this chapter or the rules of the	2985
director of administrative services, any other failure of good	2986
behavior, any other acts of misfeasance, malfeasance, or	2987
nonfeasance in office, or conviction of a felony. An employee also	2988
forfeits the right to resume a position in the classified service	2989
upon transfer to a different agency.	2990

Reinstatement to a position in the classified service shall	2991
be to a position substantially equal to that position in the	2992
classified service held previously, as certified by the director	2993
of administrative services. If the position the person previously	2994
held in the classified service has been placed in the unclassified	2995
service or is otherwise unavailable, the person shall be appointed	2996
to a position in the classified service within the appointing	2997
authority's agency that the director of administrative services	2998
certifies is comparable in compensation to the position the person	2999
previously held in the classified service. Service in the position	3000
in the unclassified service shall be counted as service in the	3001
position in the classified service held by the person immediately	3002
prior to the person's appointment to the position in the	3003
unclassified service. When a person is reinstated to a position in	3004
the classified service as provided in this division, the person is	3005
entitled to all rights, status, and benefits accruing to the	3006
position in the classified service during the person's time of	3007
service in the position in the unclassified service.	3008

Sec. 124.27. (A) The head of a department, office, or	3009
institution, in which a position in the classified service is to	3010
be filled, shall notify the director of administrative services of	3011
the fact, and the director shall, except as otherwise provided in	3012
this section and sections 124.30 and 124.31 of the Revised Code,	3013
certify to the appointing authority the names and addresses of the	3014
ten candidates standing highest on the eligible list for the class	3015
or grade to which the position belongs, except that the director	3016
may certify less than ten names if ten names are not available.	3017
When less than ten names are certified to an appointing authority,	3018
appointment from that list shall not be mandatory. When a position	3019
in the classified service in the department of mental health or	3020
the department of ~~mental retardation and~~ developmental	3021
disabilities is to be filled, the director of administrative	3022
services shall make such certification to the appointing authority	3023
within seven working days of the date the eligible list is	3024
requested.	3025

(B) The appointing authority shall notify the director of a	3026
position in the classified service to be filled, and the	3027
appointing authority shall fill the vacant position by appointment	3028
of one of the ten persons certified by the director. If more than	3029
one position is to be filled, the director may certify a group of	3030
names from the eligible list, and the appointing authority shall	3031
appoint in the following manner: beginning at the top of the list,	3032
each time a selection is made, it must be from one of the first	3033
ten candidates remaining on the list who is willing to accept	3034
consideration for the position. If an eligible list becomes	3035
exhausted, and until a new list can be created, or when no	3036
eligible list for a position exists, names may be certified from	3037
eligible lists most appropriate for the group or class in which	3038
the position to be filled is classified. A person who is certified	3039
from an eligible list more than three times to the same appointing	3040
authority for the same or similar positions may be omitted from	3041
future certification to that appointing authority, provided that	3042
certification for a temporary appointment shall not be counted as	3043
one of those certifications. Every person who qualifies for	3044
veteran's preference under section 124.23 of the Revised Code, who	3045
is a resident of this state, and whose name is on the eligible	3046
list for a position shall be entitled to preference in original	3047
appointments to any such competitive position in the civil service	3048
of the state and its civil divisions over all other persons	3049
eligible for those appointments and standing on the relevant	3050
eligible list with a rating equal to that of the person qualifying	3051
for veteran's preference. Appointments to all positions in the	3052
classified service, that are not filled by promotion, transfer, or	3053
reduction, as provided in sections 124.01 to 124.64 of the Revised	3054
Code and the rules of the director prescribed under those	3055
sections, shall be made only from those persons whose names are	3056
certified to the appointing authority, and no employment, except	3057
as provided in those sections, shall be otherwise given in the	3058
classified service of this state or any political subdivision of	3059
the state.	3060

(C) All original and promotional appointments, including	3061
appointments made pursuant to section 124.30 of the Revised Code,	3062
shall be for a probationary period, not less than sixty days nor	3063
more than one year, to be fixed by the rules of the director,	3064
except as provided in section 124.231 of the Revised Code, and	3065
except for original appointments to a police department as a	3066
police officer or to a fire department as a firefighter which	3067
shall be for a probationary period of one year. No appointment or	3068
promotion is final until the appointee has satisfactorily served	3069
the probationary period. If the service of the probationary	3070
employee is unsatisfactory, the employee may be removed or reduced	3071
at any time during the probationary period. If the appointing	3072
authority decides to remove a probationary employee in the service	3073
of the state, the appointing authority shall communicate to the	3074
director the reason for that decision. A probationary employee	3075
duly removed or reduced in position for unsatisfactory service	3076
does not have the right to appeal the removal or reduction under	3077
section 124.34 of the Revised Code.	3078

Sec. 124.381. Each employee of the department of	3079
rehabilitation and correction, the department of mental health,	3080
the department of ~~mental retardation and~~ developmental	3081
disabilities, the Ohio veteran's home agency, or the Ohio schools	3082
for the deaf and blind, and each employee of the department of	3083
youth services as established in division (A) of section 124.14 of	3084
the Revised Code who suffers bodily injury inflicted by an inmate,	3085
patient, client, youth, or student in the facilities of these	3086
agencies during the time the employee is lawfully carrying out the	3087
assigned duties of the employee's position shall be paid the	3088
employee's total rate of pay during the period the employee is	3089
disabled as a result of that injury, but in no case to exceed one	3090
hundred twenty work days, in lieu of workers' compensation. Pay	3091
made according to this section shall not be charged to the	3092
employee's accumulation of sick leave credit.	3093

The director of administrative services shall adopt rules for	3094
the administration of the occupational injury leave program. The	3095
rules shall include, but not be limited to, provisions for	3096
determining a disability, for filing a claim for leave under this	3097
section, and for allowing or denying claims for the leave.	3098

During the time an employee is receiving injury compensation	3099
as provided in this section, the employee shall be exempt from the	3100
accumulation of vacation leave credit under section 124.134 of the	3101
Revised Code but shall continue to receive sick leave credit and	3102
personal leave credit under sections 124.382 and 124.386 of the	3103
Revised Code.	3104

In any case when an employee's disability, as covered by this	3105
section, extends beyond one hundred twenty work days, the employee	3106
shall immediately become subject to sections 124.382 and 124.385	3107
of the Revised Code regarding sick leave and disability leave	3108
benefits.	3109

An appointing authority may apply to the director of	3110
administrative services to grant injury leave in accordance with	3111
this section to law enforcement personnel employed by the agency.	3112

Sec. 125.602. (A) The department of ~~mental retardation and~~	3113
developmental disabilities, the department of mental health, the	3114
department of job and family services, the rehabilitation services	3115
commission, and any other state or governmental agency or	3116
community rehabilitation program responsible for the provision of	3117
rehabilitation and vocational educational services to persons with	3118
work-limiting disabilities may, through written agreement,	3119
cooperate in providing resources to the department of	3120
administrative services for the operation of the office of	3121
procurement from community rehabilitation programs. These	3122
resources may include, but are not limited to, leadership and	3123
assistance in dealing with the societal aspects of meeting the	3124
needs of persons with work-limiting disabilities.	3125

(B) The office and all governmental entities that administer	3126
socioeconomic programs may enter into contractual agreements,	3127
cooperative working relationships, or other arrangements that are	3128
necessary for effective coordination and realization of the	3129
objectives of these entities.	3130

Sec. 125.603. (A) The office of procurement from community	3131
rehabilitation programs shall do the following in addition to	3132
other duties specified in sections 125.60 to 125.6012 of the	3133
Revised Code:	3134

(1) Establish, maintain, and periodically update a	3135
procurement list of approved supplies and services available from	3136
qualified nonprofit agencies;	3137

(2) Monitor the procurement practices of government ordering	3138
offices to ensure compliance with sections 125.60 to 125.6012 of	3139
the Revised Code;	3140

(3) In cooperation with qualified nonprofit agencies,	3141
government ordering offices, the department of ~~mental retardation~~	3142
~~and~~ developmental disabilities, the department of mental health,	3143
the department of job and family services, and the rehabilitation	3144
services commission, develop and recommend to the director of	3145
administrative services rules the director shall adopt in	3146
accordance with Chapter 119. of the Revised Code for the effective	3147
and efficient administration of sections 125.60 to 125.6012 of the	3148
Revised Code;	3149

(4) Prepare a report of its activities by the last day of	3150
December of each year. The report shall be posted electronically	3151
on the office's web site.	3152

(B) The office of procurement from community rehabilitation	3153
programs may enter into contractual agreements and establish pilot	3154
programs to further the objectives of sections 125.60 to 125.6012	3155
of the Revised Code.	3156

Sec. 126.32. (A) Any officer of any state agency may	3157
authorize reimbursement for travel, including the costs of	3158
transportation, for lodging, and for meals to any person who is	3159
interviewing for a position that is classified in pay range 13 or	3160
above in schedule E-1 or schedule E-1 for step seven only, or is	3161
classified in schedule E-2, of section 124.152 of the Revised	3162
Code.	3163

(B) If a person is appointed to a position listed in section	3164
121.03 of the Revised Code, to the position of chairperson of the	3165
industrial commission, adjutant general, chancellor of the Ohio	3166
board of regents, superintendent of public instruction,	3167
chairperson of the public utilities commission of Ohio, or	3168
director of the state lottery commission, to a position holding a	3169
fiduciary relationship to the governor, to a position of an	3170
appointing authority of the department of mental health, ~~mental~~	3171
~~retardation and~~ developmental disabilities, or rehabilitation and	3172
correction, to a position of superintendent in the department of	3173
youth services, or to a position under section 122.05 of the	3174
Revised Code, and if that appointment requires a permanent change	3175
of residence, the appropriate state agency may reimburse the	3176
person for the person's actual and necessary expenses, including	3177
the cost of in-transit storage of household goods and personal	3178
effects, of moving the person and members of the person's	3179
immediate family residing in the person's household, and of moving	3180
their household goods and personal effects, to the person's new	3181
location.	3182

Until that person moves the person's permanent residence to	3183
the new location, but not for a period that exceeds thirty	3184
consecutive days, the state agency may reimburse the person for	3185
the person's temporary living expenses at the new location that	3186
the person has incurred on behalf of the person and members of the	3187
person's immediate family residing in the person's household. In	3188
addition, the state agency may reimburse that person for the	3189
person's travel expenses between the new location and the person's	3190
former residence during this period for a maximum number of trips	3191
specified by rule of the director of budget and management, but	3192
the state agency shall not reimburse the person for travel	3193
expenses incurred for those trips by members of the person's	3194
immediate family. With the prior written approval of the director,	3195
the maximum thirty-day period for temporary living expenses may be	3196
extended for a person appointed to a position under section 122.05	3197
of the Revised Code.	3198

The director of development may reimburse a person appointed	3199
to a position under section 122.05 of the Revised Code for the	3200
person's actual and necessary expenses of moving the person and	3201
members of the person's immediate family residing in the person's	3202
household back to the United States and may reimburse a person	3203
appointed to such a position for the cost of storage of household	3204
goods and personal effects of the person and the person's	3205
immediate family while the person is serving outside the United	3206
States, if the person's office outside the United States is the	3207
person's primary job location.	3208

(C) All reimbursement under division (A) or (B) of this	3209
section shall be made in the manner, and at rates that do not	3210
exceed those, provided by rule of the director of budget and	3211
management in accordance with section 111.15 of the Revised Code.	3212
Reimbursements may be made under division (B) of this section	3213
directly to the persons who incurred the expenses or directly to	3214
the providers of goods or services the persons receive, as	3215
determined by the director of budget and management.	3216

Sec. 127.16. (A) Upon the request of either a state agency	3217
or the director of budget and management and after the controlling	3218
board determines that an emergency or a sufficient economic reason	3219
exists, the controlling board may approve the making of a purchase	3220
without competitive selection as provided in division (B) of this	3221
section.	3222

(B) Except as otherwise provided in this section, no state	3223
agency, using money that has been appropriated to it directly,	3224
shall:	3225

(1) Make any purchase from a particular supplier, that would	3226
amount to fifty thousand dollars or more when combined with both	3227
the amount of all disbursements to the supplier during the fiscal	3228
year for purchases made by the agency and the amount of all	3229
outstanding encumbrances for purchases made by the agency from the	3230
supplier, unless the purchase is made by competitive selection or	3231
with the approval of the controlling board;	3232

(2) Lease real estate from a particular supplier, if the	3233
lease would amount to seventy-five thousand dollars or more when	3234
combined with both the amount of all disbursements to the supplier	3235
during the fiscal year for real estate leases made by the agency	3236
and the amount of all outstanding encumbrances for real estate	3237
leases made by the agency from the supplier, unless the lease is	3238
made by competitive selection or with the approval of the	3239
controlling board.	3240

(C) Any person who authorizes a purchase in violation of	3241
division (B) of this section shall be liable to the state for any	3242
state funds spent on the purchase, and the attorney general shall	3243
collect the amount from the person.	3244

(D) Nothing in division (B) of this section shall be	3245
construed as:	3246

(1) A limitation upon the authority of the director of	3247
transportation as granted in sections 5501.17, 5517.02, and	3248
5525.14 of the Revised Code;	3249

(2) Applying to medicaid provider agreements under Chapter	3250
5111. of the Revised Code or payments or provider agreements under	3251
the disability medical assistance program established under	3252
Chapter 5115. of the Revised Code;	3253

(3) Applying to the purchase of examinations from a sole	3254
supplier by a state licensing board under Title XLVII of the	3255
Revised Code;	3256

(4) Applying to entertainment contracts for the Ohio state	3257
fair entered into by the Ohio expositions commission, provided	3258
that the controlling board has given its approval to the	3259
commission to enter into such contracts and has approved a total	3260
budget amount for such contracts as agreed upon by commission	3261
action, and that the commission causes to be kept itemized records	3262
of the amounts of money spent under each contract and annually	3263
files those records with the clerk of the house of representatives	3264
and the clerk of the senate following the close of the fair;	3265

(5) Limiting the authority of the chief of the division of	3266
mineral resources management to contract for reclamation work with	3267
an operator mining adjacent land as provided in section 1513.27 of	3268
the Revised Code;	3269

(6) Applying to investment transactions and procedures of any	3270
state agency, except that the agency shall file with the board the	3271
name of any person with whom the agency contracts to make, broker,	3272
service, or otherwise manage its investments, as well as the	3273
commission, rate, or schedule of charges of such person with	3274
respect to any investment transactions to be undertaken on behalf	3275
of the agency. The filing shall be in a form and at such times as	3276
the board considers appropriate.	3277

(7) Applying to purchases made with money for the per cent	3278
for arts program established by section 3379.10 of the Revised	3279
Code;	3280

(8) Applying to purchases made by the rehabilitation services	3281
commission of services, or supplies, that are provided to persons	3282
with disabilities, or to purchases made by the commission in	3283
connection with the eligibility determinations it makes for	3284
applicants of programs administered by the social security	3285
administration;	3286

(9) Applying to payments by the department of job and family	3287
services under section 5111.13 of the Revised Code for group	3288
health plan premiums, deductibles, coinsurance, and other	3289
cost-sharing expenses;	3290

(10) Applying to any agency of the legislative branch of the	3291
state government;	3292

(11) Applying to agreements or contracts entered into under	3293
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	3294
Revised Code;	3295

(12) Applying to purchases of services by the adult parole	3296
authority under section 2967.14 of the Revised Code or by the	3297
department of youth services under section 5139.08 of the Revised	3298
Code;	3299

(13) Applying to dues or fees paid for membership in an	3300
organization or association;	3301

(14) Applying to purchases of utility services pursuant to	3302
section 9.30 of the Revised Code;	3303

(15) Applying to purchases made in accordance with rules	3304
adopted by the department of administrative services of motor	3305
vehicle, aviation, or watercraft fuel, or emergency repairs of	3306
such vehicles;	3307

(16) Applying to purchases of tickets for passenger air	3308
transportation;	3309

(17) Applying to purchases necessary to provide public	3310
notifications required by law or to provide notifications of job	3311
openings;	3312

(18) Applying to the judicial branch of state government;

3313

(19) Applying to purchases of liquor for resale by the	3314
division of liquor control;	3315

(20) Applying to purchases of motor courier and freight	3316
services made in accordance with department of administrative	3317
services rules;	3318

(21) Applying to purchases from the United States postal	3319
service and purchases of stamps and postal meter replenishment	3320
from vendors at rates established by the United States postal	3321
service;	3322

(22) Applying to purchases of books, periodicals, pamphlets,	3323
newspapers, maintenance subscriptions, and other published	3324
materials;	3325

(23) Applying to purchases from other state agencies,	3326
including state-assisted institutions of higher education;	3327

(24) Limiting the authority of the director of environmental	3328
protection to enter into contracts under division (D) of section	3329
3745.14 of the Revised Code to conduct compliance reviews, as	3330
defined in division (A) of that section;	3331

(25) Applying to purchases from a qualified nonprofit agency	3332
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	3333
the Revised Code;	3334

(26) Applying to payments by the department of job and family	3335
services to the United States department of health and human	3336
services for printing and mailing notices pertaining to the tax	3337
refund offset program of the internal revenue service of the	3338
United States department of the treasury;	3339

(27) Applying to contracts entered into by the department of	3340
~~mental retardation and~~ developmental disabilities under section	3341
5123.18 of the Revised Code;	3342

(28) Applying to payments made by the department of mental	3343
health under a physician recruitment program authorized by section	3344
5119.101 of the Revised Code;	3345

(29) Applying to contracts entered into with persons by the	3346
director of commerce for unclaimed funds collection and remittance	3347
efforts as provided in division (F) of section 169.03 of the	3348
Revised Code. The director shall keep an itemized accounting of	3349
unclaimed funds collected by those persons and amounts paid to	3350
them for their services.	3351

(30) Applying to purchases made by a state institution of	3352
higher education in accordance with the terms of a contract	3353
between the vendor and an inter-university purchasing group	3354
comprised of purchasing officers of state institutions of higher	3355
education;	3356

(31) Applying to the department of job and family services'	3357
purchases of health assistance services under the children's	3358
health insurance program part I provided for under section 5101.50	3359
of the Revised Code, the children's health insurance program part	3360
II provided for under section 5101.51 of the Revised Code, or the	3361
children's health insurance program part III provided for under	3362
section 5101.52 of the Revised Code, or the children's buy-in	3363
program provided for under sections 5101.5211 to 5101.5216 of the	3364
Revised Code;	3365

(32) Applying to payments by the attorney general from the	3366
reparations fund to hospitals and other emergency medical	3367
facilities for performing medical examinations to collect physical	3368
evidence pursuant to section 2907.28 of the Revised Code;	3369

(33) Applying to contracts with a contracting authority or	3370
administrative receiver under division (B) of section 5126.056 of	3371
the Revised Code;	3372

(34) Applying to reimbursements paid to the United States	3373
department of veterans affairs for pharmaceutical and patient	3374
supply purchases made on behalf of the Ohio veterans' home agency;	3375

(35) Applying to agreements entered into with terminal	3376
distributors of dangerous drugs under section 173.79 of the	3377
Revised Code;	3378

(36) Applying to payments by the superintendent of the bureau	3379
of criminal identification and investigation to the federal bureau	3380
of investigation for criminal records checks pursuant to section	3381
109.572 of the Revised Code.	3382

(E) When determining whether a state agency has reached the	3383
cumulative purchase thresholds established in divisions (B)(1) and	3384
(2) of this section, all of the following purchases by such agency	3385
shall not be considered:	3386

(1) Purchases made through competitive selection or with	3387
controlling board approval;	3388

(2) Purchases listed in division (D) of this section;

3389

(3) For the purposes of the threshold of division (B)(1) of	3390
this section only, leases of real estate.	3391

(F) As used in this section, "competitive selection,"	3392
"purchase," "supplies," and "services" have the same meanings as	3393
in section 125.01 of the Revised Code.	3394

Sec. 140.01. As used in this chapter:

3395

(A) "Hospital agency" means any public hospital agency or any	3396
nonprofit hospital agency.	3397

(B) "Public hospital agency" means any county, board of	3398
county hospital trustees established pursuant to section 339.02 of	3399
the Revised Code, county hospital commission established pursuant	3400
to section 339.14 of the Revised Code, municipal corporation, new	3401
community authority organized under Chapter 349. of the Revised	3402
Code, joint township hospital district, state or municipal	3403
university or college operating or authorized to operate a	3404
hospital facility, or the state.	3405

(C) "Nonprofit hospital agency" means a corporation or	3406
association not for profit, no part of the net earnings of which	3407
inures or may lawfully inure to the benefit of any private	3408
shareholder or individual, that has authority to own or operate a	3409
hospital facility or provides or is to provide services to one or	3410
more other hospital agencies.	3411

(D) "Governing body" means, in the case of a county, the	3412
board of county commissioners or other legislative body; in the	3413
case of a board of county hospital trustees, the board; in the	3414
case of a county hospital commission, the commission; in the case	3415
of a municipal corporation, the council or other legislative	3416
authority; in the case of a new community authority, its board of	3417
trustees; in the case of a joint township hospital district, the	3418
joint township district hospital board; in the case of a state or	3419
municipal university or college, its board of trustees or board of	3420
directors; in the case of a nonprofit hospital agency, the board	3421
of trustees or other body having general management of the agency;	3422
and, in the case of the state, the director of development or the	3423
Ohio higher educational facility commission.	3424

(E) "Hospital facilities" means buildings, structures and	3425
other improvements, additions thereto and extensions thereof,	3426
furnishings, equipment, and real estate and interests in real	3427
estate, used or to be used for or in connection with one or more	3428
hospitals, emergency, intensive, intermediate, extended,	3429
long-term, or self-care facilities, diagnostic and treatment and	3430
out-patient facilities, facilities related to programs for home	3431
health services, clinics, laboratories, public health centers,	3432
research facilities, and rehabilitation facilities, for or	3433
pertaining to diagnosis, treatment, care, or rehabilitation of	3434
sick, ill, injured, infirm, impaired, disabled, or handicapped	3435
persons, or the prevention, detection, and control of disease, and	3436
also includes education, training, and food service facilities for	3437
health professions personnel, housing facilities for such	3438
personnel and their families, and parking and service facilities	3439
in connection with any of the foregoing; and includes any one,	3440
part of, or any combination of the foregoing; and further includes	3441
site improvements, utilities, machinery, facilities, furnishings,	3442
and any separate or connected buildings, structures, improvements,	3443
sites, utilities, facilities, or equipment to be used in, or in	3444
connection with the operation or maintenance of, or supplementing	3445
or otherwise related to the services or facilities to be provided	3446
by, any one or more of such hospital facilities.	3447

(F) "Costs of hospital facilities" means the costs of	3448
acquiring hospital facilities or interests in hospital facilities,	3449
including membership interests in nonprofit hospital agencies,	3450
costs of constructing hospital facilities, costs of improving one	3451
or more hospital facilities, including reconstructing,	3452
rehabilitating, remodeling, renovating, and enlarging, costs of	3453
equipping and furnishing such facilities, and all financing costs	3454
pertaining thereto, including, without limitation thereto, costs	3455
of engineering, architectural, and other professional services,	3456
designs, plans, specifications and surveys, and estimates of cost,	3457
costs of tests and inspections, the costs of any indemnity or	3458
surety bonds and premiums on insurance, all related direct or	3459
allocable administrative expenses pertaining thereto, fees and	3460
expenses of trustees, depositories, and paying agents for the	3461
obligations, cost of issuance of the obligations and financing	3462
charges and fees and expenses of financial advisors, attorneys,	3463
accountants, consultants and rating services in connection	3464
therewith, capitalized interest on the obligations, amounts	3465
necessary to establish reserves as required by the bond	3466
proceedings, the reimbursement of all moneys advanced or applied	3467
by the hospital agency or others or borrowed from others for the	3468
payment of any item or items of costs of such facilities, and all	3469
other expenses necessary or incident to planning or determining	3470
feasibility or practicability with respect to such facilities, and	3471
such other expenses as may be necessary or incident to the	3472
acquisition, construction, reconstruction, rehabilitation,	3473
remodeling, renovation, enlargement, improvement, equipment, and	3474
furnishing of such facilities, the financing thereof, and the	3475
placing of the same in use and operation, including any one, part	3476
of, or combination of such classes of costs and expenses, and	3477
means the costs of refinancing obligations issued by, or	3478
reimbursement of money advanced by, nonprofit hospital agencies or	3479
others the proceeds of which were used for the payment of costs of	3480
hospital facilities, if the governing body of the public hospital	3481
agency determines that the refinancing or reimbursement advances	3482
the purposes of this chapter, whether or not the refinancing or	3483
reimbursement is in conjunction with the acquisition or	3484
construction of additional hospital facilities.	3485

(G) "Hospital receipts" means all moneys received by or on	3486
behalf of a hospital agency from or in connection with the	3487
ownership, operation, acquisition, construction, improvement,	3488
equipping, or financing of any hospital facilities, including,	3489
without limitation thereto, any rentals and other moneys received	3490
from the lease, sale, or other disposition of hospital facilities,	3491
and any gifts, grants, interest subsidies, or other moneys	3492
received under any federal program for assistance in financing the	3493
costs of hospital facilities, and any other gifts, grants, and	3494
donations, and receipts therefrom, available for financing the	3495
costs of hospital facilities.	3496

(H) "Obligations" means bonds, notes, or other evidences of	3497
indebtedness or obligation, including interest coupons pertaining	3498
thereto, issued or issuable by a public hospital agency to pay	3499
costs of hospital facilities.	3500

(I) "Bond service charges" means principal, interest, and	3501
call premium, if any, required to be paid on obligations.	3502

(J) "Bond proceedings" means one or more ordinances,	3503
resolutions, trust agreements, indentures, and other agreements or	3504
documents, and amendments and supplements to the foregoing, or any	3505
combination thereof, authorizing or providing for the terms,	3506
including any variable interest rates, and conditions applicable	3507
to, or providing for the security of, obligations and the	3508
provisions contained in such obligations.	3509

(K) "Nursing home" has the same meaning as in division (A)(1)	3510
of section 5701.13 of the Revised Code.	3511

(L) "Residential care facility" has the same meaning as in	3512
division (A)(2) of section 5701.13 of the Revised Code.	3513

(M) "Adult care facility" has the same meaning as in division	3514
(A)(3) of section 5701.13 of the Revised Code.	3515

(N) "Independent living facility" means any self-care	3516
facility or other housing facility designed or used as a residence	3517
for elderly persons. An "independent living facility" does not	3518
include a residential facility, or that part of a residential	3519
facility, that is any of the following:	3520

(1) A hospital required to be certified by section 3727.02 of	3521
the Revised Code;	3522

(2) A nursing home or residential care facility;

3523

(3) An adult care facility;

3524

(4) A hospice licensed under section 3712.04 of the Revised	3525
Code;	3526

(5) A residential facility for the mentally ill licensed by	3527
the department of mental health under section 5119.22 of the	3528
Revised Code;	3529

(6) A facility licensed to provide methadone treatment under	3530
section 3793.11 of the Revised Code;	3531

(7) A facility certified as an alcohol and drug addiction	3532
program under section 3793.06 of the Revised Code;	3533

(8) A residential facility licensed under section 5123.19 of	3534
the Revised Code or a facility providing services under a contract	3535
with the department of ~~mental retardation and~~ developmental	3536
disabilities under section 5123.18 of the Revised Code;	3537

(9) A residential facility used as part of a hospital to	3538
provide housing for staff of the hospital or students pursuing a	3539
course of study at the hospital.	3540

Sec. 140.03. (A) Two or more hospital agencies may enter	3541
into agreements for the acquisition, construction, reconstruction,	3542
rehabilitation, remodeling, renovating, enlarging, equipping, and	3543
furnishing of hospital facilities, or the management, operation,	3544
occupancy, use, maintenance, and repair of hospital facilities, or	3545
for participation in programs, projects, activities, and services	3546
useful to, connected with, supplementing, or otherwise related to	3547
the services provided by, or the operation of, hospital facilities	3548
operated by one or more participating hospital agencies, including	3549
any combination of such purposes, all in such manner as to promote	3550
the public purpose stated in section 140.02 of the Revised Code. A	3551
city health district; general health district; board of alcohol,	3552
drug addiction, and mental health services; county board of mental	3553
retardation and developmental disabilities; the department of	3554
mental health; the department of ~~mental retardation and~~	3555
developmental disabilities; or any public body engaged in the	3556
education or training of health professions personnel may join in	3557
any such agreement for purposes related to its authority under	3558
laws applicable to it, and as such a participant shall be	3559
considered a public hospital agency or hospital agency for the	3560
purposes of this section.	3561

(B) An agreement entered into under authority of this section	3562
shall, where appropriate, provide for:	3563

(1) The manner in which the title to the hospital facilities,	3564
including the sites and interest in real estate pertaining	3565
thereto, is to be held, transferred, or disposed of;	3566

(2) Unless provided for by lease pursuant to section 140.05	3567
of the Revised Code, the method by which such hospital facilities	3568
are to be acquired, constructed, or otherwise improved and by	3569
which they shall be managed, occupied, maintained, and repaired,	3570
including the designation of one of the hospital agencies to have	3571
charge of the details of acquisition, construction, or improvement	3572
pursuant to the contracting procedures prescribed under the law	3573
applicable to one of the participating public hospital agencies;	3574

(3) The management or administration of any such programs,	3575
projects, activities, or services, which may include management or	3576
administration by one of said hospital agencies or a board or	3577
agency thereof;	3578

(4) Annual, or more frequent, reports to the participating	3579
hospital agencies as to the revenues and receipts pertaining to	3580
the subject of the agreement, the expenditures thereof, the status	3581
and application of other funds contributed under such agreement,	3582
and such other matters as may be specified by or pursuant to such	3583
agreement;	3584

(5) The manner of apportionment or sharing of costs of	3585
hospital facilities, any other applicable costs of management,	3586
operation, maintenance, and repair of hospital facilities, and	3587
costs for the programs, projects, activities, and services forming	3588
the subject of the agreement, which apportionment or sharing may	3589
be prescribed in fixed amounts, or determined by ratios, formulas,	3590
or otherwise, and paid as service charges, rentals, or in such	3591
other manner as provided in the agreement, and may include amounts	3592
sufficient to meet the bond service charges and other payments and	3593
deposits required under the bond proceedings for obligations	3594
issued to pay costs of hospital facilities. A hospital agency may	3595
commit itself to make such payments at least for so long as any	3596
such obligations are outstanding. In the apportionment, different	3597
classes of costs or expenses may be apportioned to one or more,	3598
all or less than all, of the participating hospital agencies as	3599
determined under such agreement.	3600

(C) An agreement entered into under authority of this section	3601
may provide for:	3602

(1) An orderly process for making determinations or advising	3603
as to planning, execution, implementation, and operation, which	3604
may include designating one of the hospital agencies, or a board	3605
thereof, for any of such purposes, provisions for a committee,	3606
board, or commission, and for representation thereon, or as may	3607
otherwise be provided;	3608

(2) Securing necessary personnel, including participation of	3609
personnel from the respective hospital agencies;	3610

(3) Standards or conditions for the admission or	3611
participation of patients and physicians;	3612

(4) Conditions for admittance of other hospital agencies to	3613
participation under the agreement;	3614

(5) Fixing or establishing the method of determining charges	3615
to be made for particular services;	3616

(6) The manner of amending, supplementing, terminating, or	3617
withdrawal or removal of any party from, the agreement, and the	3618
term of the agreement, or an indefinite term;	3619

(7) Designation of the applicants for or recipients of any	3620
federal, state, or other aid, assistance, or loans available by	3621
reason of any activities conducted under the agreement;	3622

(8) Designation of one or more of the participating hospital	3623
agencies to maintain, prepare, and submit, on behalf of all	3624
parties to the agreement, any or all records and reports with	3625
regard to the activities conducted under the agreement;	3626

(9) Any incidental use of the hospital facilities, or	3627
services thereof, by participating public hospital agencies for	3628
any of their lawful purposes, which incidental use does not impair	3629
the character of the facilities as hospital facilities for any	3630
purpose of this chapter;	3631

(10) Such other matters as the parties thereto may agree upon	3632
for the purposes of division (A) of this section.	3633

(D) For the purpose of paying or contributing its share under	3634
an agreement made under this section, a public hospital agency	3635
may:	3636

(1) Expend any moneys from its general fund, and from any	3637
other funds not otherwise restricted by law, but including funds	3638
for permanent improvements of hospital facilities of such public	3639
hospital agency where the contribution is to be made toward the	3640
costs of hospital facilities under the agreement, and including	3641
funds derived from levies for, or receipts available for,	3642
operating expenses of hospital facilities or services of such	3643
public hospital agency where the contribution or payment is to be	3644
made toward operating expenses of the hospital facilities or	3645
services under the agreement or for the services provided thereby;	3646

(2) Issue obligations under Chapter 133. or section 140.06,	3647
339.14, 339.15, 513.12, or 3345.12 of the Revised Code, or Section	3648
3 of Article XVIII, Ohio Constitution, if applicable to such	3649
public hospital agency, to pay costs of hospital facilities, or	3650
issue obligations under any other provision of law authorizing	3651
such public hospital agency to issue obligations for any costs of	3652
hospital facilities;	3653

(3) Levy taxes under Chapter 5705. or section 513.13 or	3654
3709.29 of the Revised Code, if applicable to such public hospital	3655
agency, provided that the purpose of such levy may include the	3656
provision of funds for either or both permanent improvements and	3657
current expenses if required for the contribution or payment of	3658
such hospital agency under such agreement, and each such public	3659
hospital agency may issue notes in anticipation of any such levy,	3660
pursuant to the procedures provided in section 5705.191 of the	3661
Revised Code if the levy is solely for current expenses, and in	3662
section 5705.193 of the Revised Code if the levy is all or in part	3663
for permanent improvements;	3664

(4) Contribute real and personal property or interest therein	3665
without necessity for competitive bidding or public auction on	3666
disposition of such property.	3667

(E) Any funds provided by public hospital agencies that are	3668
parties to an agreement entered into under this section shall be	3669
transferred to and placed in a separate fund or funds of such	3670
participating public hospital agency as is designated under the	3671
agreement. The funds shall be applied for the purposes provided in	3672
such agreement and are subject to audit. Pursuant to any	3673
determinations to be made under such agreement, the funds shall be	3674
deposited, invested, and disbursed under the provisions of law	3675
applicable to the public hospital agency in whose custody the	3676
funds are held. This division is subject to the provisions of any	3677
applicable bond proceedings under section 133.08, 140.06, 339.15,	3678
or 3345.12 of the Revised Code or Section 3 of Article XVIII, Ohio	3679
Constitution. The records and reports of such public hospital	3680
agency under Chapter 117. of the Revised Code and sections 3702.51	3681
to 3702.62 of the Revised Code, with respect to the funds shall be	3682
sufficient without necessity for reports thereon by the other	3683
public hospital agencies participating under such agreement.	3684

(F)(1) Prior to its entry into any such agreement, the public	3685
hospital agency must determine, and set forth in a resolution or	3686
ordinance, that the contribution to be made by it under such	3687
agreement will be fair consideration for value and benefit to be	3688
derived by it under such agreement and that the agreement will	3689
promote the public purpose stated in section 140.02 of the Revised	3690
Code.	3691

(2) If the agreement is with a board of county commissioners,	3692
board of county hospital trustees, or county hospital commission	3693
and is an initial agreement for the acquisition or operation of a	3694
county hospital operated by a board of county hospital trustees	3695
under section 339.06 of the Revised Code, the governing body of	3696
the public hospital agency shall submit the agreement, accompanied	3697
by the resolution or ordinance, to the board of county	3698
commissioners for review pursuant to section 339.091 of the	3699
Revised Code. The agreement may be entered into only if the board	3700
of county commissioners adopts a resolution under that section.	3701
The requirements of division (F)(2) of this section do not apply	3702
to the agreement if one or more hospitals classified as general	3703
hospitals by the public health council under section 3701.07 of	3704
the Revised Code are operating in the same county as the county	3705
hospital.	3706

Sec. 140.05. (A)(1) A public hospital agency may lease any	3707
hospital facility to one or more hospital agencies for use as a	3708
hospital facility, or to one or more city or general health	3709
districts; boards of alcohol, drug addiction, and mental health	3710
services; county boards of mental retardation and developmental	3711
disabilities; the department of mental health; or the department	3712
of ~~mental retardation and~~ developmental disabilities, for uses	3713
which they are authorized to make thereof under the laws	3714
applicable to them, or any combination of them, and they may lease	3715
such facilities to or from a hospital agency for such uses, upon	3716
such terms and conditions as are agreed upon by the parties. Such	3717
lease may be for a term of fifty years or less and may provide for	3718
an option of the lessee to renew for a term of fifty years or	3719
less, as therein set forth. Prior to entering into such lease, the	3720
governing body of any public hospital agency granting such lease	3721
must determine, and set forth in a resolution or ordinance, that	3722
such lease will promote the public purpose stated in section	3723
140.02 of the Revised Code and that the lessor public hospital	3724
agency will be duly benefited thereby.	3725

(2) If the lease is with a board of county commissioners,	3726
board of county hospital trustees, or county hospital commission	3727
and is an agreement for the initial lease of a county hospital	3728
operated by a board of county hospital trustees under section	3729
339.06 of the Revised Code, the governing body of the public	3730
hospital agency shall submit the agreement, accompanied by the	3731
resolution or ordinance, to the board of county commissioners for	3732
review pursuant to section 339.091 of the Revised Code. The	3733
agreement may be entered into only if the board of county	3734
commissioners adopts a resolution under that section. The	3735
requirements of division (A)(2) of this section do not apply to	3736
the lease if one or more hospitals classified as general hospitals	3737
by the public health council under section 3701.07 of the Revised	3738
Code are operating in the same county as the county hospital.	3739

(B) Any lease entered into pursuant to this section shall	3740
provide that in the event that the lessee fails faithfully and	3741
efficiently to administer, maintain, and operate such leased	3742
facilities as hospital facilities, or fails to provide the	3743
services thereof without regard to race, creed, color, or national	3744
origin, or fails to require that any hospital agency using such	3745
facilities or the services thereof shall not discriminate by	3746
reason of race, creed, color, or national origin, after an	3747
opportunity to be heard upon written charges, said lease may be	3748
terminated at the time, in the manner and with consequences	3749
therein provided. If any such lease does not contain terms to the	3750
effect provided in this division, it shall nevertheless be deemed	3751
to contain such terms which shall be implemented as determined by	3752
the governing body of the lessor.	3753

(C) Such lease may provide for rentals commencing at any time	3754
agreed upon, or advance rental, and continuing for such period	3755
therein provided, notwithstanding and without diminution, rebate,	3756
or setoff by reason of time of availability of the hospital	3757
facility for use, delays in construction, failure of completion,	3758
damage or destruction of the hospital facilities, or for any other	3759
reason.	3760

(D) Such lease may provide for the sale or transfer of title	3761
of the leased facilities pursuant to an option to purchase,	3762
lease-purchase, or installment purchase upon terms therein	3763
provided or to be determined as therein provided, which may	3764
include provision for the continued use thereof as a hospital	3765
facility for some reasonable period, taking into account efficient	3766
useful life and other factors, as is provided therein.	3767

(E) Such lease may be entered as part of or in connection	3768
with an agreement pursuant to section 140.03 of the Revised Code.	3769
Any hospital facilities which are the subject of an agreement	3770
entered into under section 140.03 of the Revised Code may be	3771
leased pursuant to this section.	3772

(F) If land acquired by a public hospital agency for a	3773
hospital facility is adjacent to an existing hospital facility	3774
owned by another hospital agency, the public hospital agency may,	3775
in connection with such acquisition or the leasing of such land	3776
and hospital facilities thereon to one or more hospital agencies,	3777
enter into an agreement with the hospital agency which owns such	3778
adjacent hospital facility for the use of common walls in the	3779
construction, operation, or maintenance of hospital facilities of	3780
the public hospital agency. For the purpose of construction,	3781
operation, or maintenance of hospital facilities, a public	3782
hospital agency may acquire by purchase, gift, lease, lease with	3783
option to purchase, lease-purchase, or installment purchase,	3784
easement deed, or other agreement, real estate and interests in	3785
real estate, including rights to use space over, under or upon	3786
real property owned by others, and support, access, common wall,	3787
and other rights in connection therewith. Any public hospital	3788
agency or other political subdivision or any public agency, board,	3789
commission, institution, body, or instrumentality may grant such	3790
real estate, interests, or rights to any hospital agency upon such	3791
terms as are agreed upon without necessity for competitive bidding	3792
or public auction.	3793

Sec. 145.012. (A) "Public employee," as defined in division	3794
(A) of section 145.01 of the Revised Code, does not include any	3795
person:	3796

(1) Who is employed by a private, temporary-help service and	3797
performs services under the direction of a public employer or is	3798
employed on a contractual basis as an independent contractor under	3799
a personal service contract with a public employer;	3800

(2) Who is an emergency employee serving on a temporary basis	3801
in case of fire, snow, earthquake, flood, or other similar	3802
emergency;	3803

(3) Who is employed in a program established pursuant to the	3804
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.	3805
1501;	3806

(4) Who is an appointed member of either the motor vehicle	3807
salvage dealers board or the motor vehicle dealer's board whose	3808
rate and method of payment are determined pursuant to division (J)	3809
of section 124.15 of the Revised Code;	3810

(5) Who is employed as an election worker and paid less than	3811
five hundred dollars per calendar year for that service;	3812

(6) Who is employed as a firefighter in a position requiring	3813
satisfactory completion of a firefighter training course approved	3814
under former section 3303.07 or section 4765.55 of the Revised	3815
Code or conducted under section 3737.33 of the Revised Code except	3816
for the following:	3817

(a) Any firefighter who has elected under section 145.013 of	3818
the Revised Code to remain a contributing member of the public	3819
employees retirement system;	3820

(b) Any firefighter who was eligible to transfer from the	3821
public employees retirement system to the Ohio police and fire	3822
pension fund under section 742.51 or 742.515 of the Revised Code	3823
and did not elect to transfer;	3824

(c) Any firefighter who has elected under section 742.516 of	3825
the Revised Code to transfer from the Ohio police and fire pension	3826
fund to the public employees retirement system.	3827

(7) Who is a member of the board of health of a city or	3828
general health district, which pursuant to sections 3709.051 and	3829
3709.07 of the Revised Code includes a combined health district,	3830
and whose compensation for attendance at meetings of the board is	3831
set forth in division (B) of section 3709.02 or division (B) of	3832
section 3709.05 of the Revised Code, as appropriate;	3833

(8) Who participates in an alternative retirement plan	3834
established under Chapter 3305. of the Revised Code;	3835

(9) Who is a member of the board of directors of a sanitary	3836
district established under Chapter 6115. of the Revised Code.	3837

(B) No inmate of a correctional institution operated by the	3838
department of rehabilitation and correction, no patient in a	3839
hospital for the mentally ill or criminally insane operated by the	3840
department of mental health, no resident in an institution for the	3841
mentally retarded operated by the department of ~~mental retardation~~	3842
~~and~~ developmental disabilities, no resident admitted as a patient	3843
of a veterans' home operated under Chapter 5907. of the Revised	3844
Code, and no resident of a county home shall be considered as a	3845
public employee for the purpose of establishing membership or	3846
calculating service credit or benefits under this chapter.	3847
Nothing in this division shall be construed to affect any service	3848
credit attained by any person who was a public employee before	3849
becoming an inmate, patient, or resident at any institution listed	3850
in this division, or the payment of any benefit for which such a	3851
person or such a person's beneficiaries otherwise would be	3852
eligible.	3853

Sec. 154.17. The departments of administrative services,	3854
mental health, ~~mental retardation and~~ developmental disabilities,	3855
rehabilitation and correction, and natural resources, the Ohio	3856
board of regents, institutions of higher education, and other	3857
state officers and state agencies shall cooperate with the	3858
commission in providing services and information requested by the	3859
commission for purposes of Chapter 154. of the Revised Code, and	3860
the commission may make mutually satisfactory arrangements	3861
therefor and may thereunder designate any governmental agency for	3862
the management or performance of particular functions of the	3863
commission, other than the authorization and issuance of	3864
obligations provided for in Chapter 154. of the Revised Code,	3865
pursuant to which designation, upon acceptance thereof by that	3866
governmental agency, that function may be carried out with the	3867
full force and effect as if performed by the commission. Any such	3868
designation shall be made only by formal action or written	3869
agreement of the commission. In the management of capital	3870
facilities or performance of other functions with respect thereto,	3871
a governmental agency may exercise all powers which it has under	3872
law with respect to other similar facilities under its	3873
jurisdiction.	3874

Contracts relating to capital facilities shall be made in	3875
accordance with the law pertaining to the governmental agency	3876
designated under authority of this section to perform such	3877
contracting function, and in any other case shall be made in	3878
accordance with Chapter 153. of the Revised Code, for which	3879
purpose the commission shall be considered the owner, provided	3880
that the commission may assign the function of owner to the	3881
department of administrative services or other governmental agency	3882
as it determines. The commission may acquire by assignment from	3883
any governmental agency contracts which are not completed and	3884
which involve acquiring, constructing, reconstructing,	3885
rehabilitating, remodeling, renovating, enlarging, improving,	3886
equipping, or furnishing capital facilities, provided that such	3887
governmental agency has complied with the procedures prescribed by	3888
laws for its letting of such contract.	3889

No contract shall be let or assignment thereof accepted under	3890
this section involving performance in accordance with plans and	3891
specifications until such plans and specifications have been	3892
submitted to and approved by the governmental agency to have	3893
responsibility for the management of the capital facilities	3894
provided for in such plans and specifications, which approval	3895
shall be considered to be given if no approval or disapproval is	3896
communicated in writing to the commission or its designee for such	3897
purpose within sixty days following such submission of plans and	3898
specifications. Approval by such governmental agency of changes in	3899
plans and specifications is not required if the director of	3900
administrative services or the designee of the commission for such	3901
purpose shall certify that such changes do not substantially	3902
change the location, character, or extent of such capital	3903
facilities.	3904

Sec. 154.20. (A) Subject to authorization by the general	3905
assembly under section 154.02 of the Revised Code, the issuing	3906
authority may issue obligations pursuant to this chapter to pay	3907
costs of capital facilities for mental hygiene and retardation,	3908
including housing for mental hygiene and retardation patients.	3909

(B) Any capital facilities for mental hygiene or retardation,	3910
including housing for mental hygiene and retardation patients, may	3911
be leased by the commission to the department of mental health,	3912
the department of ~~mental retardation and~~ developmental	3913
disabilities, or the department of alcohol and drug addiction	3914
services, and other agreements may be made by the commission and	3915
any one or more of these departments with respect to the use or	3916
purchase of such capital facilities or, subject to the approval of	3917
the director of the department, the commission may lease such	3918
capital facilities to, and make or provide for other agreements	3919
with respect to the use or purchase thereof with, any governmental	3920
agency having authority under law to operate such capital	3921
facilities, and the director of the department may sublease such	3922
capital facilities to, and make other agreements with respect to	3923
the use or purchase thereof with, any such governmental agency,	3924
which may include provisions for transmittal to the mental health	3925
bond service trust fund created under division (E) of this	3926
section, by such governmental agency or by a nonprofit corporation	3927
providing mental hygiene and retardation services for or under	3928
contract with or the supervision of that governmental agency, of	3929
receipts of that agency or nonprofit corporation from charges for	3930
the treatment or care of mental hygiene and retardation patients,	3931
all upon such terms and conditions as the parties may agree upon	3932
and pursuant to this chapter, notwithstanding any other provision	3933
of law affecting the leasing, acquisition, or disposition of	3934
capital facilities by the parties.	3935

(C) For purposes of this section, "available receipts" means	3936
all receipts of the state from charges for the treatment or care	3937
of mental hygiene and retardation patients, including support	3938
payments received under Chapter 5121. of the Revised Code and	3939
moneys required to be transmitted to the mental health bond	3940
service trust fund pursuant to subleases and other agreements	3941
between any of the departments and another governmental agency	3942
pursuant to division (B) of this section as the subleases and	3943
other agreements may be further implemented for internal planning,	3944
budgeting, and accounting purposes pursuant to rules adopted by	3945
the director of mental health, director of ~~mental retardation and~~	3946
developmental disabilities, or director of alcohol and drug	3947
addiction services, any revenues or receipts derived by the	3948
commission from the operation, leasing, or other disposition of	3949
capital facilities financed under this section, the proceeds of	3950
obligations issued under this section and sections 154.11 and	3951
154.12 of the Revised Code, and also means any gifts, grants,	3952
donations, and pledges, and receipts therefrom, available for the	3953
payment of bond service charges on such obligations. The issuing	3954
authority may pledge all, or such portion as that authority	3955
determines, of the available receipts to the payment of bond	3956
service charges on obligations issued under this section and under	3957
sections 154.11 and 154.12 of the Revised Code and for the	3958
establishment and maintenance of any reserves, as provided in the	3959
bond proceedings, and make other provisions therein with respect	3960
to such available receipts as authorized by this chapter, which	3961
provisions shall be controlling notwithstanding any other	3962
provision of law pertaining thereto.	3963

(D) The issuing authority may covenant in the bond	3964
proceedings that the state and state agencies shall, so long as	3965
any obligations issued under this section are outstanding, cause	3966
to be charged and collected charges for the treatment or care of	3967
mental hygiene and retardation patients sufficient in amount to	3968
provide for the payment of bond service charges on such	3969
obligations and for the establishment and maintenance of any	3970
reserves, as provided in the bond proceedings, and such covenants	3971
shall be controlling notwithstanding any other provision of law	3972
pertaining to such charges.	3973

(E) There is hereby created the mental health bond service	3974
trust fund, which shall be in the custody of the treasurer of	3975
state but shall be separate and apart from and not a part of the	3976
state treasury. All moneys received by or on account of the	3977
commission or issuing authority or state agencies and required by	3978
the applicable bond proceedings to be deposited, transferred, or	3979
credited to the fund, and all other moneys transferred or	3980
allocated to or received for the purposes of the fund, shall be	3981
deposited with the treasurer of state and credited to such fund,	3982
subject to applicable provisions of the bond proceedings, but	3983
without necessity for any act of appropriation. The mental health	3984
bond service trust fund is a trust fund and is hereby pledged to	3985
the payment of bond service charges on the obligations issued	3986
pursuant to this section and sections 154.11 and 154.12 of the	3987
Revised Code to the extent provided in the applicable bond	3988
proceedings, and payment thereof from such fund shall be made or	3989
provided for by the treasurer of state in accordance with such	3990
bond proceedings without necessity for any act of appropriation.	3991

(F) There is hereby created in the state treasury the mental	3992
health facilities improvement fund. Subject to the bond	3993
proceedings therefor, all of the proceeds of the sale of	3994
obligations pursuant to this section shall be credited to the	3995
fund, except that any accrued interest shall be credited to the	3996
mental health bond service fund. The mental health facilities	3997
improvement fund may also be comprised of gifts, grants,	3998
appropriated moneys, and other sums and securities received to the	3999
credit of such fund. The fund shall be applied only to the	4000
following purposes:	4001

(1) Paying costs of capital facilities for mental hygiene and	4002
retardation, including housing for mental hygiene and retardation	4003
patients, under the jurisdiction of the department of mental	4004
health, department of ~~mental retardation and~~ developmental	4005
disabilities, or department of alcohol and drug addiction	4006
services;	4007

(2) Participating in capital facilities for mental hygiene	4008
and retardation, including housing for mental hygiene and	4009
retardation patients, with the federal government, municipal	4010
corporations, counties, or other governmental agencies, or a	4011
nonprofit corporation specifically chartered to provide a mental	4012
health or mental retardation service when such service fulfills a	4013
public purpose, which participation may be by grants or	4014
contributions to them for such capital facilities. Except as	4015
provided in division (G) of this section, the nonprofit	4016
corporation may act in concert with a limited partnership or a	4017
limited liability company eligible to participate in the nonprofit	4018
set-aside described in section 42(h)(5) of the "Internal Revenue	4019
Code of 1986," 100 Stat. 2198, 26 U.S.C. 42, and the Ohio housing	4020
finance agency's housing tax credit program for the purpose of	4021
making use of low-income housing tax credits in support of housing	4022
for mental hygiene and retardation patients.	4023

(G) A nonprofit corporation providing a mental retardation	4024
service must obtain written approval from the director of ~~mental~~	4025
~~retardation and~~ developmental disabilities before acting in	4026
concert with a limited partnership or limited liability company as	4027
described in division (F)(2) of this section. However, the	4028
director may issue one blanket approval for all such nonprofit	4029
corporations.	4030

(H) This section is to be applied with other applicable	4031
provisions of this chapter.	4032

Sec. 173.03. (A) There is hereby created the Ohio advisory	4033
council for the aging, which shall consist of twelve members to be	4034
appointed by the governor with the advice and consent of the	4035
senate. Two ex officio members of the council shall be members of	4036
the house of representatives appointed by the speaker of the house	4037
of representatives and shall be members of two different political	4038
parties. Two ex officio members of the council shall be members of	4039
the senate appointed by the president of the senate and shall be	4040
members of two different political parties. The directors of	4041
mental health, ~~mental retardation and~~ developmental disabilities,	4042
health, and job and family services, or their designees, shall	4043
serve as ex officio members of the council. The council shall	4044
carry out its role as defined under the "Older Americans Act of	4045
1965," 79 Stat. 219, 42 U.S.C. 3001, as amended.	4046

At the first meeting of the council, and annually thereafter,	4047
the members shall select one of their members to serve as	4048
chairperson and one of their members to serve as vice-chairperson.	4049

(B) Members of the council shall be appointed for a term of	4050
three years, except that for the first appointment members of the	4051
Ohio commission on aging who were serving on the commission	4052
immediately prior to July 26, 1984, shall become members of the	4053
council for the remainder of their unexpired terms. Thereafter,	4054
appointment to the council shall be for a three-year term by the	4055
governor. Each member shall hold office from the date of	4056
appointment until the end of the term for which the member was	4057
appointed. Any member appointed to fill a vacancy occurring prior	4058
to the expiration of the term for which the member's predecessor	4059
was appointed shall hold office for the remainder of the term. Any	4060
member may continue in office subsequent to the expiration date of	4061
the member's term until a successor takes office and shall be	4062
compensated for the period served between the expiration of the	4063
member's term and the beginning of the successor's term.	4064

(C) Membership of the council shall represent all areas of	4065
Ohio and shall be as follows:	4066

(1) A majority of members of the council shall have attained	4067
the age of sixty and have a knowledge of and continuing interest	4068
in the affairs and welfare of the older citizens of Ohio. The	4069
fields of business, labor, health, law, and human services shall	4070
be represented in the membership.	4071

(2) No more than seven members shall be of the same political	4072
party.	4073

(D) Any member of the council may be removed from office by	4074
the governor for neglect of duty, misconduct, or malfeasance in	4075
office after being informed in writing of the charges and afforded	4076
an opportunity for a hearing. Two consecutive unexcused absences	4077
from regularly scheduled meetings constitute neglect of duty.	4078

(E) Members of the council shall be compensated at the rate	4079
of fifty dollars for each day actually employed in the discharge	4080
of official duties but not to exceed two thousand dollars per year	4081
and in addition shall be allowed actual and necessary expenses.	4082

(F) Council members are not limited as to the number of terms	4083
they may serve.	4084

(G) Council members shall not be interested directly or	4085
indirectly in any contract awarded by the department of aging.	4086

Sec. 2108.521. (A) If a mentally retarded person or a	4087
developmentally disabled person dies, if the department of ~~mental~~	4088
~~retardation and~~ developmental disabilities or a county board of	4089
mental retardation and developmental disabilities has a good faith	4090
reason to believe that the deceased person's death occurred under	4091
suspicious circumstances, if the coroner was apprised of the	4092
circumstances of the death, and if the coroner after being so	4093
apprised of the circumstances declines to conduct an autopsy, the	4094
department or the board may file a petition in a court of common	4095
pleas seeking an order authorizing an autopsy or post-mortem	4096
examination under this section.	4097

(B) Upon the filing of a petition under division (A) of this	4098
section, the court may conduct, but is not required to conduct, a	4099
hearing on the petition. The court may determine whether to grant	4100
the petition without a hearing. The department or board, and all	4101
other interested parties, may submit information and statements to	4102
the court that are relevant to the petition, and, if the court	4103
conducts a hearing, may present evidence and testimony at the	4104
hearing. The court shall order the requested autopsy or	4105
post-mortem examination if it finds that, under the circumstances,	4106
the department or board has demonstrated a need for the autopsy or	4107
post-mortem examination. The court shall order an autopsy or	4108
post-mortem examination in the circumstances specified in this	4109
division regardless of whether any consent has been given, or has	4110
been given and withdrawn, under section 2108.50 of the Revised	4111
Code, and regardless of whether any information was presented to	4112
the coroner pursuant to section 313.131 of the Revised Code or to	4113
the court under this section regarding an autopsy being contrary	4114
to the deceased person's religious beliefs.	4115

(C) An autopsy or post-mortem examination ordered under this	4116
section may be performed upon the body of the deceased person by a	4117
licensed physician or surgeon. The court may identify in the order	4118
the person who is to perform the autopsy or post-mortem	4119
examination. If an autopsy or post-mortem examination is ordered	4120
under this section, the department or board that requested the	4121
autopsy or examination shall pay the physician or surgeon who	4122
performs the autopsy or examination for costs and expenses	4123
incurred in performing the autopsy or examination.	4124

Sec. 2109.01. "Fiduciary," as used in Chapters 2101. to	4125
2131. of the Revised Code, means any person, other than an	4126
assignee or trustee for an insolvent debtor or a guardian under	4127
sections 5905.01 to 5905.19 of the Revised Code, appointed by and	4128
accountable to the probate court and acting in a fiduciary	4129
capacity for any person, or charged with duties in relation to any	4130
property, interest, trust, or estate for the benefit of another;	4131
and includes an agency under contract with the department of	4132
~~mental retardation and~~ developmental disabilities for the	4133
provision of protective service under sections 5123.55 to 5123.59	4134
of the Revised Code, appointed by and accountable to the probate	4135
court as guardian or trustee with respect to mentally retarded or	4136
developmentally disabled persons.	4137

Sec. 2109.04. (A)(1) Unless otherwise provided by law, every	4138
fiduciary, prior to the issuance of ~~his~~the fiduciary's letters as	4139
provided by section 2109.02 of the Revised Code, shall file in the	4140
probate court in which the letters are to be issued a bond with a	4141
penal sum in such amount as may be fixed by the court, but in no	4142
event less than double the probable value of the personal estate	4143
and of the annual real estate rentals which will come into such	4144
person's hands as a fiduciary. The bond of a fiduciary shall be in	4145
a form approved by the court and signed by two or more personal	4146
sureties or by one or more corporate sureties approved by the	4147
court. It shall be conditioned that the fiduciary faithfully and	4148
honestly will discharge the duties devolving upon ~~him~~the person	4149
as fiduciary, and shall be conditioned further as may be provided	4150
by law.	4151

(2) Except as otherwise provided in this division, if the	4152
instrument creating the trust dispenses with the giving of a bond,	4153
the court shall appoint a fiduciary without bond, unless the court	4154
is of the opinion that the interest of the trust demands it. If	4155
the court is of that opinion, it may require bond to be given in	4156
any amount it fixes. If a parent nominates a guardian for ~~his~~the	4157
parent's child in a will and provides in the will that the	4158
guardian may serve without giving bond, the court may appoint the	4159
guardian without bond or require the guardian to give bond in	4160
accordance with division (A)(1) of this section.	4161

(3) A guardian of the person only does not have to give bond	4162
unless, for good cause shown, the court considers a bond to be	4163
necessary. When a bond is required of a guardian of the person	4164
only, it shall be determined and filed in accordance with division	4165
(A)(1) of this section. This division does not apply to a guardian	4166
of the person only nominated in a parent's will if the will	4167
provides that the guardian may serve without giving bond.	4168

(4) When the probable value of the personal estate and of the	4169
annual real estate rentals that will come into the guardian's	4170
hands as a fiduciary is less than ten thousand dollars, the court	4171
may waive or reduce a bond required by division (A)(1) of this	4172
section.	4173

(B) When an executive director who is responsible for the	4174
administration of children services in the county is appointed as	4175
trustee of the estate of a ward pursuant to section 5153.18 of the	4176
Revised Code and has furnished bond under section 5153.13 of the	4177
Revised Code, or when an agency under contract with the department	4178
of ~~mental retardation and~~ developmental disabilities for the	4179
provision of protective service under sections 5123.55 to 5123.59	4180
of the Revised Code is appointed as trustee of the estate of a	4181
ward under such sections and any employees of the agency having	4182
custody or control of funds or property of such a ward have	4183
furnished bond under section 5123.59 of the Revised Code, the	4184
court may dispense with the giving of a bond.	4185

(C) When letters are granted without bond, at any later	4186
period on its own motion or upon the application of any party	4187
interested, the court may require bond to be given in such amount	4188
as may be fixed by the court. On failure to give such bond, the	4189
defaulting fiduciary shall be removed.	4190

No instrument authorizing a fiduciary whom it names to serve	4191
without bond shall be construed to relieve a successor fiduciary	4192
from the necessity of giving bond, unless the instrument clearly	4193
evidences such intention.	4194

The court by which a fiduciary is appointed may reduce the	4195
amount of the bond of such fiduciary at any time for good cause	4196
shown.	4197

When two or more persons are appointed as joint fiduciaries,	4198
the court may take a separate bond from each or a joint bond from	4199
all.	4200

Sec. 2111.01. As used in Chapters 2101. to 2131. of the	4201
Revised Code:	4202

(A) "Guardian," other than a guardian under sections 5905.01	4203
to 5905.19 of the Revised Code, means any person, association, or	4204
corporation appointed by the probate court to have the care and	4205
management of the person, the estate, or both of an incompetent or	4206
minor. When applicable, "guardian" includes, but is not limited	4207
to, a limited guardian, an interim guardian, a standby guardian,	4208
and an emergency guardian appointed pursuant to division (B) of	4209
section 2111.02 of the Revised Code. "Guardian" also includes an	4210
agency under contract with the department of ~~mental retardation~~	4211
~~and~~ developmental disabilities for the provision of protective	4212
service under sections 5123.55 to 5123.59 of the Revised Code when	4213
appointed by the probate court to have the care and management of	4214
the person of an incompetent.	4215

(B) "Ward" means any person for whom a guardian is acting or	4216
for whom the probate court is acting pursuant to section 2111.50	4217
of the Revised Code.	4218

(C) "Resident guardian" means a guardian appointed by a	4219
probate court to have the care and management of property in this	4220
state that belongs to a nonresident ward.	4221

(D) "Incompetent" means any person who is so mentally	4222
impaired as a result of a mental or physical illness or	4223
disability, or mental retardation, or as a result of chronic	4224
substance abuse, that the person is incapable of taking proper	4225
care of the person's self or property or fails to provide for the	4226
person's family or other persons for whom the person is charged by	4227
law to provide, or any person confined to a correctional	4228
institution within this state.	4229

(E) "Next of kin" means any person who would be entitled to	4230
inherit from a ward under Chapter 2105. of the Revised Code if the	4231
ward dies intestate.	4232

(F) "Conservator" means a conservator appointed by the	4233
probate court in an order of conservatorship issued pursuant to	4234
section 2111.021 of the Revised Code.	4235

(G) "Parent" means a natural parent or adoptive parent of a	4236
minor child whose parental rights and responsibilities have not	4237
been terminated by a juvenile court or another court.	4238

Sec. 2111.02. (A) When found necessary, the probate court on	4239
its own motion or on application by any interested party shall	4240
appoint, subject to divisions (C) and (D) of this section and to	4241
section 2109.21 and division (B) of section 2111.121 of the	4242
Revised Code, a guardian of the person, the estate, or both, of a	4243
minor or incompetent, provided the person for whom the guardian is	4244
to be appointed is a resident of the county or has a legal	4245
settlement in the county and, except in the case of a minor, has	4246
had the opportunity to have the assistance of counsel in the	4247
proceeding for the appointment of such guardian. An interested	4248
party includes, but is not limited to, a person nominated in a	4249
durable power of attorney as described in division (D) of section	4250
1337.09 of the Revised Code or in a writing as described in	4251
division (A) of section 2111.121 of the Revised Code.	4252

Except when the guardian of an incompetent is an agency under	4253
contract with the department of ~~mental retardation and~~	4254
developmental disabilities for the provision of protective	4255
services under sections 5123.55 to 5123.59 of the Revised Code,	4256
the guardian of an incompetent, by virtue of such appointment,	4257
shall be the guardian of the minor children of the guardian's	4258
ward, unless the court appoints some other person as their	4259
guardian.	4260

When the primary purpose of the appointment of a guardian is,	4261
or was, the collection, disbursement, or administration of moneys	4262
awarded by the veterans administration to the ward, or assets	4263
derived from such moneys, no court costs shall be charged in the	4264
proceeding for the appointment or in any subsequent proceedings	4265
made in pursuance of the appointment, unless the value of the	4266
estate, including the moneys then due under the veterans	4267
administration award, exceeds one thousand five hundred dollars.	4268

(B)(1) If the probate court finds it to be in the best	4269
interest of an incompetent or minor, it may appoint pursuant to	4270
divisions (A) and (C) of this section, on its own motion or on	4271
application by an interested party, a limited guardian with	4272
specific limited powers. The sections of the Revised Code, rules,	4273
and procedures governing guardianships apply to a limited	4274
guardian, except that the order of appointment and letters of	4275
authority of a limited guardian shall state the reasons for, and	4276
specify the limited powers of, the guardian. The court may appoint	4277
a limited guardian for a definite or indefinite period. An	4278
incompetent or minor for whom a limited guardian has been	4279
appointed retains all of the incompetent's or minor's rights in	4280
all areas not affected by the court order appointing the limited	4281
guardian.	4282

(2) If a guardian appointed pursuant to division (A) of this	4283
section is temporarily or permanently removed or resigns, and if	4284
the welfare of the ward requires immediate action, at any time	4285
after the removal or resignation, the probate court may appoint,	4286
ex parte and with or without notice to the ward or interested	4287
parties, an interim guardian for a maximum period of fifteen days.	4288
If the court appoints the interim guardian ex parte or without	4289
notice to the ward, the court, at its first opportunity, shall	4290
enter upon its journal with specificity the reason for acting ex	4291
parte or without notice, and, as soon as possible, shall serve	4292
upon the ward a copy of the order appointing the interim guardian.	4293
For good cause shown, after notice to the ward and interested	4294
parties and after hearing, the court may extend an interim	4295
guardianship for a specified period, but not to exceed an	4296
additional thirty days.	4297

(3) If a minor or incompetent has not been placed under a	4298
guardianship pursuant to division (A) of this section and if an	4299
emergency exists, and if it is reasonably certain that immediate	4300
action is required to prevent significant injury to the person or	4301
estate of the minor or incompetent, at any time after it receives	4302
notice of the emergency, the court, ex parte, may issue any order	4303
that it considers necessary to prevent injury to the person or	4304
estate of the minor or incompetent, or may appoint an emergency	4305
guardian for a maximum period of seventy-two hours. A written copy	4306
of any order issued by a court under this division shall be served	4307
upon the incompetent or minor as soon as possible after its	4308
issuance. Failure to serve such an order after its issuance or	4309
prior to the taking of any action under its authority does not	4310
invalidate the order or the actions taken. The powers of an	4311
emergency guardian shall be specified in the letters of	4312
appointment, and shall be limited to those powers that are	4313
necessary to prevent injury to the person or estate of the minor	4314
or incompetent. If the court acts ex parte or without notice to	4315
the minor or incompetent, the court, at its first opportunity,	4316
shall enter upon its journal a record of the case and, with	4317
specificity, the reason for acting ex parte or without notice. For	4318
good cause shown, after notice to the minor or incompetent and	4319
interested parties, and after hearing, the court may extend an	4320
emergency guardianship for a specified period, but not to exceed	4321
an additional thirty days.	4322

(C) Prior to the appointment of a guardian or limited	4323
guardian under division (A) or (B)(1) of this section, the court	4324
shall conduct a hearing on the matter of the appointment. The	4325
hearing shall be conducted in accordance with all of the	4326
following:	4327

(1) The proposed guardian or limited guardian shall appear at	4328
the hearing and, if appointed, shall swear under oath that the	4329
proposed guardian or limited guardian has made and will continue	4330
to make diligent efforts to file a true inventory in accordance	4331
with section 2111.14 of the Revised Code and find and report all	4332
assets belonging to the estate of the ward and that the proposed	4333
guardian or limited guardian faithfully and completely will	4334
fulfill the other duties of guardian, including the filing of	4335
timely and accurate reports and accountings;	4336

(2) If the hearing is conducted by a referee, the procedures	4337
set forth in Civil Rule 53 shall be followed;	4338

(3) If the hearing concerns the appointment of a guardian or	4339
limited guardian for an alleged incompetent, the burden of proving	4340
incompetency shall be by clear and convincing evidence;	4341

(4) Upon request of the applicant, the alleged incompetent	4342
for whom the appointment is sought or the alleged incompetent's	4343
counsel, or any interested party, a recording or record of the	4344
hearing shall be made;	4345

(5) Evidence of a less restrictive alternative to	4346
guardianship may be introduced, and when introduced, shall be	4347
considered by the court;	4348

(6) The court may deny a guardianship based upon a finding	4349
that a less restrictive alternative to guardianship exists;	4350

(7) If the hearing concerns the appointment of a guardian or	4351
limited guardian for an alleged incompetent, the alleged	4352
incompetent has all of the following rights:	4353

(a) The right to be represented by independent counsel of his	4354
choice;	4355

(b) The right to have a friend or family member of his choice	4356
present;	4357

(c) The right to have evidence of an independent expert	4358
evaluation introduced;	4359

(d) If the alleged incompetent is indigent, upon his request:

4360

(i) The right to have counsel and an independent expert	4361
evaluator appointed at court expense;	4362

(ii) If the guardianship, limited guardianship, or standby	4363
guardianship decision is appealed, the right to have counsel	4364
appointed and necessary transcripts for appeal prepared at court	4365
expense.	4366

(D)(1) When a person has been nominated to be a guardian of	4367
the estate of a minor in or pursuant to a durable power of	4368
attorney as described in division (D) of section 1337.09 of the	4369
Revised Code or a writing as described in division (A) of section	4370
2111.121 of the Revised Code, the person nominated has preference	4371
in appointment over a person selected by the minor. A person who	4372
has been nominated to be a guardian of the person of a minor in or	4373
pursuant to a durable power of attorney or writing of that nature	4374
does not have preference in appointment over a person selected by	4375
the minor, but the probate court may appoint the person named in	4376
the durable power of attorney or the writing, the person selected	4377
by the minor, or another person as guardian of the person of the	4378
minor.	4379

(2) A person nominated as a guardian of an incompetent adult	4380
child pursuant to section 1337.09 or 2111.121 of the Revised Code	4381
shall have preference in appointment over a person applying to be	4382
guardian if the person nominated is competent, suitable, and	4383
willing to accept the appointment, and if the incompetent adult	4384
child does not have a spouse or an adult child and has not	4385
designated a guardian prior to the court finding the adult child	4386
incompetent.	4387

Sec. 2111.10. As used in this section, "mentally retarded	4388
person" and "developmentally disabled person" have the same	4389
meanings as in section 5123.01 of the Revised Code.	4390

Any appointment of a corporation as guardian shall apply to	4391
the estate only and not to the person, except that a nonprofit	4392
corporation organized under the laws of this state and entitled to	4393
tax exempt status under section 501(a) of the "Internal Revenue	4394
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as amended, that	4395
has a contract with the department of ~~mental retardation and~~	4396
developmental disabilities to provide protective services may be	4397
appointed as a guardian of the person of a mentally retarded or	4398
developmentally disabled person and may serve as guardian pursuant	4399
to sections 5123.55 to 5123.59 of the Revised Code.	4400

Sec. 2133.25. (A) The department of health, by rule adopted	4401
pursuant to Chapter 119. of the Revised Code, shall adopt a	4402
standardized method of procedure for the withholding of CPR by	4403
physicians, emergency medical services personnel, and health care	4404
facilities in accordance with sections 2133.21 to 2133.26 of the	4405
Revised Code. The standardized method shall specify criteria for	4406
determining when a do-not-resuscitate order issued by a physician	4407
is current. The standardized method so adopted shall be the	4408
"do-not-resuscitate protocol" for purposes of sections 2133.21 to	4409
2133.26 of the Revised Code. The department also shall approve one	4410
or more standard forms of DNR identification to be used throughout	4411
this state.	4412

(B) The department of health shall adopt rules in accordance	4413
with Chapter 119. of the Revised Code for the administration of	4414
sections 2133.21 to 2133.26 of the Revised Code.	4415

(C) The department of health shall appoint an advisory	4416
committee to advise the department in the development of rules	4417
under this section. The advisory committee shall include, but	4418
shall not be limited to, representatives of each of the following	4419
organizations:	4420

(1) The association for hospitals and health systems (OHA);

4421

(2) The Ohio state medical association;

4422

(3) The Ohio chapter of the American college of emergency	4423
physicians;	4424

(4) The Ohio hospice organization;

4425

(5) The Ohio council for home care;

4426

(6) The Ohio health care association;

4427

(7) The Ohio ambulance association;

4428

(8) The Ohio medical directors association;

4429

(9) The Ohio association of emergency medical services;

4430

(10) The bioethics network of Ohio;

4431

(11) The Ohio nurses association;

4432

(12) The Ohio academy of nursing homes;

4433

(13) The Ohio association of professional firefighters;

4434

(14) The department of ~~mental retardation and~~ developmental	4435
disabilities;	4436

(15) The Ohio osteopathic association;

4437

(16) The association of Ohio philanthropic homes, housing and	4438
services for the aging;	4439

(17) The catholic conference of Ohio;

4440

(18) The department of aging;

4441

(19) The department of mental health;

4442

(20) The Ohio private residential association;

4443

(21) The northern Ohio fire fighters association.

4444

Sec. 2151.011. (A) As used in the Revised Code:

4445

(1) "Juvenile court" means whichever of the following is	4446
applicable that has jurisdiction under this chapter and Chapter	4447
2152. of the Revised Code:	4448

(a) The division of the court of common pleas specified in	4449
section 2101.022 or 2301.03 of the Revised Code as having	4450
jurisdiction under this chapter and Chapter 2152. of the Revised	4451
Code or as being the juvenile division or the juvenile division	4452
combined with one or more other divisions;	4453

(b) The juvenile court of Cuyahoga county or Hamilton county	4454
that is separately and independently created by section 2151.08	4455
or Chapter 2153. of the Revised Code and that has jurisdiction	4456
under this chapter and Chapter 2152. of the Revised Code;	4457

(c) If division (A)(1)(a) or (b) of this section does not	4458
apply, the probate division of the court of common pleas.	4459

(2) "Juvenile judge" means a judge of a court having	4460
jurisdiction under this chapter.	4461

(3) "Private child placing agency" means any association, as	4462
defined in section 5103.02 of the Revised Code, that is certified	4463
under section 5103.03 of the Revised Code to accept temporary,	4464
permanent, or legal custody of children and place the children for	4465
either foster care or adoption.	4466

(4) "Private noncustodial agency" means any person,	4467
organization, association, or society certified by the department	4468
of job and family services that does not accept temporary or	4469
permanent legal custody of children, that is privately operated in	4470
this state, and that does one or more of the following:	4471

(a) Receives and cares for children for two or more	4472
consecutive weeks;	4473

(b) Participates in the placement of children in certified	4474
foster homes;	4475

(c) Provides adoption services in conjunction with a public	4476
children services agency or private child placing agency.	4477

(B) As used in this chapter:

4478

(1) "Adequate parental care" means the provision by a child's	4479
parent or parents, guardian, or custodian of adequate food,	4480
clothing, and shelter to ensure the child's health and physical	4481
safety and the provision by a child's parent or parents of	4482
specialized services warranted by the child's physical or mental	4483
needs.	4484

(2) "Adult" means an individual who is eighteen years of age	4485
or older.	4486

(3) "Agreement for temporary custody" means a voluntary	4487
agreement authorized by section 5103.15 of the Revised Code that	4488
transfers the temporary custody of a child to a public children	4489
services agency or a private child placing agency.	4490

(4) "Certified foster home" means a foster home, as defined	4491
in section 5103.02 of the Revised Code, certified under section	4492
5103.03 of the Revised Code.	4493

(5) "Child" means a person who is under eighteen years of	4494
age, except that the juvenile court has jurisdiction over any	4495
person who is adjudicated an unruly child prior to attaining	4496
eighteen years of age until the person attains twenty-one years of	4497
age, and, for purposes of that jurisdiction related to that	4498
adjudication, a person who is so adjudicated an unruly child shall	4499
be deemed a "child" until the person attains twenty-one years of	4500
age.	4501

(6) "Child day camp," "child care," "child day-care center,"	4502
"part-time child day-care center," "type A family day-care home,"	4503
"certified type B family day-care home," "type B home,"	4504
"administrator of a child day-care center," "administrator of a	4505
type A family day-care home," "in-home aide," and "authorized	4506
provider" have the same meanings as in section 5104.01 of the	4507
Revised Code.	4508

(7) "Child care provider" means an individual who is a	4509
child-care staff member or administrator of a child day-care	4510
center, a type A family day-care home, or a type B family day-care	4511
home, or an in-home aide or an individual who is licensed, is	4512
regulated, is approved, operates under the direction of, or	4513
otherwise is certified by the department of job and family	4514
services, department of ~~mental retardation and~~ developmental	4515
disabilities, or the early childhood programs of the department of	4516
education.	4517

(8) "Chronic truant" has the same meaning as in section	4518
2152.02 of the Revised Code.	4519

(9) "Commit" means to vest custody as ordered by the court.

4520

(10) "Counseling" includes both of the following:

4521

(a) General counseling services performed by a public	4522
children services agency or shelter for victims of domestic	4523
violence to assist a child, a child's parents, and a child's	4524
siblings in alleviating identified problems that may cause or have	4525
caused the child to be an abused, neglected, or dependent child.	4526

(b) Psychiatric or psychological therapeutic counseling	4527
services provided to correct or alleviate any mental or emotional	4528
illness or disorder and performed by a licensed psychiatrist,	4529
licensed psychologist, or a person licensed under Chapter 4757. of	4530
the Revised Code to engage in social work or professional	4531
counseling.	4532

(11) "Custodian" means a person who has legal custody of a	4533
child or a public children services agency or private child	4534
placing agency that has permanent, temporary, or legal custody of	4535
a child.	4536

(12) "Delinquent child" has the same meaning as in section	4537
2152.02 of the Revised Code.	4538

(13) "Detention" means the temporary care of children pending	4539
court adjudication or disposition, or execution of a court order,	4540
in a public or private facility designed to physically restrict	4541
the movement and activities of children.	4542

(14) "Developmental disability" has the same meaning as in	4543
section 5123.01 of the Revised Code.	4544

(15) "Foster caregiver" has the same meaning as in section	4545
5103.02 of the Revised Code.	4546

(16) "Guardian" means a person, association, or corporation	4547
that is granted authority by a probate court pursuant to Chapter	4548
2111. of the Revised Code to exercise parental rights over a child	4549
to the extent provided in the court's order and subject to the	4550
residual parental rights of the child's parents.	4551

(17) "Habitual truant" means any child of compulsory school	4552
age who is absent without legitimate excuse for absence from the	4553
public school the child is supposed to attend for five or more	4554
consecutive school days, seven or more school days in one school	4555
month, or twelve or more school days in a school year.	4556

(18) "Juvenile traffic offender" has the same meaning as in	4557
section 2152.02 of the Revised Code.	4558

(19) "Legal custody" means a legal status that vests in the	4559
custodian the right to have physical care and control of the child	4560
and to determine where and with whom the child shall live, and the	4561
right and duty to protect, train, and discipline the child and to	4562
provide the child with food, shelter, education, and medical care,	4563
all subject to any residual parental rights, privileges, and	4564
responsibilities. An individual granted legal custody shall	4565
exercise the rights and responsibilities personally unless	4566
otherwise authorized by any section of the Revised Code or by the	4567
court.	4568

(20) A "legitimate excuse for absence from the public school	4569
the child is supposed to attend" includes, but is not limited to,	4570
any of the following:	4571

(a) The fact that the child in question has enrolled in and	4572
is attending another public or nonpublic school in this or another	4573
state;	4574

(b) The fact that the child in question is excused from	4575
attendance at school for any of the reasons specified in section	4576
3321.04 of the Revised Code;	4577

(c) The fact that the child in question has received an age	4578
and schooling certificate in accordance with section 3331.01 of	4579
the Revised Code.	4580

(21) "Mental illness" and "mentally ill person subject to	4581
hospitalization by court order" have the same meanings as in	4582
section 5122.01 of the Revised Code.	4583

(22) "Mental injury" means any behavioral, cognitive,	4584
emotional, or mental disorder in a child caused by an act or	4585
omission that is described in section 2919.22 of the Revised Code	4586
and is committed by the parent or other person responsible for the	4587
child's care.	4588

(23) "Mentally retarded person" has the same meaning as in	4589
section 5123.01 of the Revised Code.	4590

(24) "Nonsecure care, supervision, or training" means care,	4591
supervision, or training of a child in a facility that does not	4592
confine or prevent movement of the child within the facility or	4593
from the facility.	4594

(25) "Of compulsory school age" has the same meaning as in	4595
section 3321.01 of the Revised Code.	4596

(26) "Organization" means any institution, public,	4597
semipublic, or private, and any private association, society, or	4598
agency located or operating in the state, incorporated or	4599
unincorporated, having among its functions the furnishing of	4600
protective services or care for children, or the placement of	4601
children in certified foster homes or elsewhere.	4602

(27) "Out-of-home care" means detention facilities, shelter	4603
facilities, certified children's crisis care facilities, certified	4604
foster homes, placement in a prospective adoptive home prior to	4605
the issuance of a final decree of adoption, organizations,	4606
certified organizations, child day-care centers, type A family	4607
day-care homes, child care provided by type B family day-care home	4608
providers and by in-home aides, group home providers, group homes,	4609
institutions, state institutions, residential facilities,	4610
residential care facilities, residential camps, day camps, public	4611
schools, chartered nonpublic schools, educational service centers,	4612
hospitals, and medical clinics that are responsible for the care,	4613
physical custody, or control of children.	4614

(28) "Out-of-home care child abuse" means any of the	4615
following when committed by a person responsible for the care of a	4616
child in out-of-home care:	4617

(a) Engaging in sexual activity with a child in the person's	4618
care;	4619

(b) Denial to a child, as a means of punishment, of proper or	4620
necessary subsistence, education, medical care, or other care	4621
necessary for a child's health;	4622

(c) Use of restraint procedures on a child that cause injury	4623
or pain;	4624

(d) Administration of prescription drugs or psychotropic	4625
medication to the child without the written approval and ongoing	4626
supervision of a licensed physician;	4627

(e) Commission of any act, other than by accidental means,	4628
that results in any injury to or death of the child in out-of-home	4629
care or commission of any act by accidental means that results in	4630
an injury to or death of a child in out-of-home care and that is	4631
at variance with the history given of the injury or death.	4632

(29) "Out-of-home care child neglect" means any of the	4633
following when committed by a person responsible for the care of a	4634
child in out-of-home care:	4635

(a) Failure to provide reasonable supervision according to	4636
the standards of care appropriate to the age, mental and physical	4637
condition, or other special needs of the child;	4638

(b) Failure to provide reasonable supervision according to	4639
the standards of care appropriate to the age, mental and physical	4640
condition, or other special needs of the child, that results in	4641
sexual or physical abuse of the child by any person;	4642

4643

(i) Administration of prescription drugs or psychotropic	4644
drugs for the child;	4645

(ii) Assuring that the instructions of the licensed physician	4646
who prescribed a drug for the child are followed;	4647

(iii) Reporting to the licensed physician who prescribed the	4648
drug all unfavorable or dangerous side effects from the use of the	4649
drug.	4650

(d) Failure to provide proper or necessary subsistence,	4651
education, medical care, or other individualized care necessary	4652
for the health or well-being of the child;	4653

(e) Confinement of the child to a locked room without	4654
monitoring by staff;	4655

(f) Failure to provide ongoing security for all prescription	4656
and nonprescription medication;	4657

(g) Isolation of a child for a period of time when there is	4658
substantial risk that the isolation, if continued, will impair or	4659
retard the mental health or physical well-being of the child.	4660

(30) "Permanent custody" means a legal status that vests in a	4661
public children services agency or a private child placing agency,	4662
all parental rights, duties, and obligations, including the right	4663
to consent to adoption, and divests the natural parents or	4664
adoptive parents of all parental rights, privileges, and	4665
obligations, including all residual rights and obligations.	4666

(31) "Permanent surrender" means the act of the parents or,	4667
if a child has only one parent, of the parent of a child, by a	4668
voluntary agreement authorized by section 5103.15 of the Revised	4669
Code, to transfer the permanent custody of the child to a public	4670
children services agency or a private child placing agency.	4671

(32) "Person" means an individual, association, corporation,	4672
or partnership and the state or any of its political subdivisions,	4673
departments, or agencies.	4674

(33) "Person responsible for a child's care in out-of-home	4675
care" means any of the following:	4676

(a) Any foster caregiver, in-home aide, or provider;

4677

(b) Any administrator, employee, or agent of any of the	4678
following: a public or private detention facility; shelter	4679
facility; certified children's crisis care facility; organization;	4680
certified organization; child day-care center; type A family	4681
day-care home; certified type B family day-care home; group home;	4682
institution; state institution; residential facility; residential	4683
care facility; residential camp; day camp; school district;	4684
community school; chartered nonpublic school; educational service	4685
center; hospital; or medical clinic;	4686

(c) Any person who supervises or coaches children as part of	4687
an extracurricular activity sponsored by a school district, public	4688
school, or chartered nonpublic school;	4689

(d) Any other person who performs a similar function with	4690
respect to, or has a similar relationship to, children.	4691

(34) "Physically impaired" means having one or more of the	4692
following conditions that substantially limit one or more of an	4693
individual's major life activities, including self-care, receptive	4694
and expressive language, learning, mobility, and self-direction:	4695

(a) A substantial impairment of vision, speech, or hearing;

4696

(b) A congenital orthopedic impairment;

4697

(c) An orthopedic impairment caused by disease, rheumatic	4698
fever or any other similar chronic or acute health problem, or	4699
amputation or another similar cause.	4700

(35) "Placement for adoption" means the arrangement by a	4701
public children services agency or a private child placing agency	4702
with a person for the care and adoption by that person of a child	4703
of whom the agency has permanent custody.	4704

(36) "Placement in foster care" means the arrangement by a	4705
public children services agency or a private child placing agency	4706
for the out-of-home care of a child of whom the agency has	4707
temporary custody or permanent custody.	4708

(37) "Planned permanent living arrangement" means an order of	4709
a juvenile court pursuant to which both of the following apply:	4710

(a) The court gives legal custody of a child to a public	4711
children services agency or a private child placing agency without	4712
the termination of parental rights.	4713

(b) The order permits the agency to make an appropriate	4714
placement of the child and to enter into a written agreement with	4715
a foster care provider or with another person or agency with whom	4716
the child is placed.	4717

(38) "Practice of social work" and "practice of professional	4718
counseling" have the same meanings as in section 4757.01 of the	4719
Revised Code.	4720

(39) "Sanction, service, or condition" means a sanction,	4721
service, or condition created by court order following an	4722
adjudication that a child is an unruly child that is described in	4723
division (A)(4) of section 2152.19 of the Revised Code.	4724

(40) "Protective supervision" means an order of disposition	4725
pursuant to which the court permits an abused, neglected,	4726
dependent, or unruly child to remain in the custody of the child's	4727
parents, guardian, or custodian and stay in the child's home,	4728
subject to any conditions and limitations upon the child, the	4729
child's parents, guardian, or custodian, or any other person that	4730
the court prescribes, including supervision as directed by the	4731
court for the protection of the child.	4732

(41) "Psychiatrist" has the same meaning as in section	4733
5122.01 of the Revised Code.	4734

(42) "Psychologist" has the same meaning as in section	4735
4732.01 of the Revised Code.	4736

(43) "Residential camp" means a program in which the care,	4737
physical custody, or control of children is accepted overnight for	4738
recreational or recreational and educational purposes.	4739

(44) "Residential care facility" means an institution,	4740
residence, or facility that is licensed by the department of	4741
mental health under section 5119.22 of the Revised Code and that	4742
provides care for a child.	4743

(45) "Residential facility" means a home or facility that is	4744
licensed by the department of ~~mental retardation and~~ developmental	4745
disabilities under section 5123.19 of the Revised Code and in	4746
which a child with a developmental disability resides.	4747

(46) "Residual parental rights, privileges, and	4748
responsibilities" means those rights, privileges, and	4749
responsibilities remaining with the natural parent after the	4750
transfer of legal custody of the child, including, but not	4751
necessarily limited to, the privilege of reasonable visitation,	4752
consent to adoption, the privilege to determine the child's	4753
religious affiliation, and the responsibility for support.	4754

(47) "School day" means the school day established by the	4755
state board of education pursuant to section 3313.48 of the	4756
Revised Code.	4757

(48) "School month" and "school year" have the same meanings	4758
as in section 3313.62 of the Revised Code.	4759

(49) "Secure correctional facility" means a facility under	4760
the direction of the department of youth services that is designed	4761
to physically restrict the movement and activities of children and	4762
used for the placement of children after adjudication and	4763
disposition.	4764

(50) "Sexual activity" has the same meaning as in section	4765
2907.01 of the Revised Code.	4766

(51) "Shelter" means the temporary care of children in	4767
physically unrestricted facilities pending court adjudication or	4768
disposition.	4769

(52) "Shelter for victims of domestic violence" has the same	4770
meaning as in section 3113.33 of the Revised Code.	4771

(53) "Temporary custody" means legal custody of a child who	4772
is removed from the child's home, which custody may be terminated	4773
at any time at the discretion of the court or, if the legal	4774
custody is granted in an agreement for temporary custody, by the	4775
person who executed the agreement.	4776

(C) For the purposes of this chapter, a child shall be	4777
presumed abandoned when the parents of the child have failed to	4778
visit or maintain contact with the child for more than ninety	4779
days, regardless of whether the parents resume contact with the	4780
child after that period of ninety days.	4781

Sec. 2151.421. (A)(1)(a) No person described in division	4782
(A)(1)(b) of this section who is acting in an official or	4783
professional capacity and knows, or has reasonable cause to	4784
suspect based on facts that would cause a reasonable person in a	4785
similar position to suspect, that a child under eighteen years of	4786
age or a mentally retarded, developmentally disabled, or	4787
physically impaired child under twenty-one years of age has	4788
suffered or faces a threat of suffering any physical or mental	4789
wound, injury, disability, or condition of a nature that	4790
reasonably indicates abuse or neglect of the child shall fail to	4791
immediately report that knowledge or reasonable cause to suspect	4792
to the entity or persons specified in this division. Except as	4793
provided in section 5120.173 of the Revised Code, the person	4794
making the report shall make it to the public children services	4795
agency or a municipal or county peace officer in the county in	4796
which the child resides or in which the abuse or neglect is	4797
occurring or has occurred. In the circumstances described in	4798
section 5120.173 of the Revised Code, the person making the report	4799
shall make it to the entity specified in that section.	4800

(b) Division (A)(1)(a) of this section applies to any person	4801
who is an attorney; physician, including a hospital intern or	4802
resident; dentist; podiatrist; practitioner of a limited branch of	4803
medicine as specified in section 4731.15 of the Revised Code;	4804
registered nurse; licensed practical nurse; visiting nurse; other	4805
health care professional; licensed psychologist; licensed school	4806
psychologist; independent marriage and family therapist or	4807
marriage and family therapist; speech pathologist or audiologist;	4808
coroner; administrator or employee of a child day-care center;	4809
administrator or employee of a residential camp or child day camp;	4810
administrator or employee of a certified child care agency or	4811
other public or private children services agency; school teacher;	4812
school employee; school authority; person engaged in social work	4813
or the practice of professional counseling; agent of a county	4814
humane society; person, other than a cleric, rendering spiritual	4815
treatment through prayer in accordance with the tenets of a	4816
well-recognized religion; employee of a county department of job	4817
and family services who is a professional and who works with	4818
children and families; superintendent, board member, or employee	4819
of a county board of mental retardation; investigative agent	4820
contracted with by a county board of mental retardation; employee	4821
of the department of ~~mental retardation and~~ developmental	4822
disabilities; employee of a facility or home that provides respite	4823
care in accordance with section 5123.171 of the Revised Code;	4824
employee of a home health agency; employee of an entity that	4825
provides homemaker services; a person performing the duties of an	4826
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	4827
or third party employed by a public children services agency to	4828
assist in providing child or family related services.	4829

(2) Except as provided in division (A)(3) of this section, an	4830
attorney or a physician is not required to make a report pursuant	4831
to division (A)(1) of this section concerning any communication	4832
the attorney or physician receives from a client or patient in an	4833
attorney-client or physician-patient relationship, if, in	4834
accordance with division (A) or (B) of section 2317.02 of the	4835
Revised Code, the attorney or physician could not testify with	4836
respect to that communication in a civil or criminal proceeding.	4837

(3) The client or patient in an attorney-client or	4838
physician-patient relationship described in division (A)(2) of	4839
this section is deemed to have waived any testimonial privilege	4840
under division (A) or (B) of section 2317.02 of the Revised Code	4841
with respect to any communication the attorney or physician	4842
receives from the client or patient in that attorney-client or	4843
physician-patient relationship, and the attorney or physician	4844
shall make a report pursuant to division (A)(1) of this section	4845
with respect to that communication, if all of the following apply:	4846

(a) The client or patient, at the time of the communication,	4847
is either a child under eighteen years of age or a mentally	4848
retarded, developmentally disabled, or physically impaired person	4849
under twenty-one years of age.	4850

(b) The attorney or physician knows, or has reasonable cause	4851
to suspect based on facts that would cause a reasonable person in	4852
similar position to suspect, as a result of the communication or	4853
any observations made during that communication, that the client	4854
or patient has suffered or faces a threat of suffering any	4855
physical or mental wound, injury, disability, or condition of a	4856
nature that reasonably indicates abuse or neglect of the client or	4857
patient.	4858

(c) The abuse or neglect does not arise out of the client's	4859
or patient's attempt to have an abortion without the notification	4860
of her parents, guardian, or custodian in accordance with section	4861
2151.85 of the Revised Code.	4862

(4)(a) No cleric and no person, other than a volunteer,	4863
designated by any church, religious society, or faith acting as a	4864
leader, official, or delegate on behalf of the church, religious	4865
society, or faith who is acting in an official or professional	4866
capacity, who knows, or has reasonable cause to believe based on	4867
facts that would cause a reasonable person in a similar position	4868
to believe, that a child under eighteen years of age or a mentally	4869
retarded, developmentally disabled, or physically impaired child	4870
under twenty-one years of age has suffered or faces a threat of	4871
suffering any physical or mental wound, injury, disability, or	4872
condition of a nature that reasonably indicates abuse or neglect	4873
of the child, and who knows, or has reasonable cause to believe	4874
based on facts that would cause a reasonable person in a similar	4875
position to believe, that another cleric or another person, other	4876
than a volunteer, designated by a church, religious society, or	4877
faith acting as a leader, official, or delegate on behalf of the	4878
church, religious society, or faith caused, or poses the threat of	4879
causing, the wound, injury, disability, or condition that	4880
reasonably indicates abuse or neglect shall fail to immediately	4881
report that knowledge or reasonable cause to believe to the entity	4882
or persons specified in this division. Except as provided in	4883
section 5120.173 of the Revised Code, the person making the report	4884
shall make it to the public children services agency or a	4885
municipal or county peace officer in the county in which the child	4886
resides or in which the abuse or neglect is occurring or has	4887
occurred. In the circumstances described in section 5120.173 of	4888
the Revised Code, the person making the report shall make it to	4889
the entity specified in that section.	4890

(b) Except as provided in division (A)(4)(c) of this section,	4891
a cleric is not required to make a report pursuant to division	4892
(A)(4)(a) of this section concerning any communication the cleric	4893
receives from a penitent in a cleric-penitent relationship, if, in	4894
accordance with division (C) of section 2317.02 of the Revised	4895
Code, the cleric could not testify with respect to that	4896
communication in a civil or criminal proceeding.	4897

(c) The penitent in a cleric-penitent relationship described	4898
in division (A)(4)(b) of this section is deemed to have waived any	4899
testimonial privilege under division (C) of section 2317.02 of the	4900
Revised Code with respect to any communication the cleric receives	4901
from the penitent in that cleric-penitent relationship, and the	4902
cleric shall make a report pursuant to division (A)(4)(a) of this	4903
section with respect to that communication, if all of the	4904
following apply:	4905

(i) The penitent, at the time of the communication, is either	4906
a child under eighteen years of age or a mentally retarded,	4907
developmentally disabled, or physically impaired person under	4908
twenty-one years of age.	4909

(ii) The cleric knows, or has reasonable cause to believe	4910
based on facts that would cause a reasonable person in a similar	4911
position to believe, as a result of the communication or any	4912
observations made during that communication, the penitent has	4913
suffered or faces a threat of suffering any physical or mental	4914
wound, injury, disability, or condition of a nature that	4915
reasonably indicates abuse or neglect of the penitent.	4916

(iii) The abuse or neglect does not arise out of the	4917
penitent's attempt to have an abortion performed upon a child	4918
under eighteen years of age or upon a mentally retarded,	4919
developmentally disabled, or physically impaired person under	4920
twenty-one years of age without the notification of her parents,	4921
guardian, or custodian in accordance with section 2151.85 of the	4922
Revised Code.	4923

(d) Divisions (A)(4)(a) and (c) of this section do not apply	4924
in a cleric-penitent relationship when the disclosure of any	4925
communication the cleric receives from the penitent is in	4926
violation of the sacred trust.	4927

(e) As used in divisions (A)(1) and (4) of this section,	4928
"cleric" and "sacred trust" have the same meanings as in section	4929
2317.02 of the Revised Code.	4930

(B) Anyone who knows, or has reasonable cause to suspect	4931
based on facts that would cause a reasonable person in similar	4932
circumstances to suspect, that a child under eighteen years of age	4933
or a mentally retarded, developmentally disabled, or physically	4934
impaired person under twenty-one years of age has suffered or	4935
faces a threat of suffering any physical or mental wound, injury,	4936
disability, or other condition of a nature that reasonably	4937
indicates abuse or neglect of the child may report or cause	4938
reports to be made of that knowledge or reasonable cause to	4939
suspect to the entity or persons specified in this division.	4940
Except as provided in section 5120.173 of the Revised Code, a	4941
person making a report or causing a report to be made under this	4942
division shall make it or cause it to be made to the public	4943
children services agency or to a municipal or county peace	4944
officer. In the circumstances described in section 5120.173 of the	4945
Revised Code, a person making a report or causing a report to be	4946
made under this division shall make it or cause it to be made to	4947
the entity specified in that section.	4948

(C) Any report made pursuant to division (A) or (B) of this	4949
section shall be made forthwith either by telephone or in person	4950
and shall be followed by a written report, if requested by the	4951
receiving agency or officer. The written report shall contain:	4952

(1) The names and addresses of the child and the child's	4953
parents or the person or persons having custody of the child, if	4954
known;	4955

(2) The child's age and the nature and extent of the child's	4956
injuries, abuse, or neglect that is known or reasonably suspected	4957
or believed, as applicable, to have occurred or of the threat of	4958
injury, abuse, or neglect that is known or reasonably suspected or	4959
believed, as applicable, to exist, including any evidence of	4960
previous injuries, abuse, or neglect;	4961

(3) Any other information that might be helpful in	4962
establishing the cause of the injury, abuse, or neglect that is	4963
known or reasonably suspected or believed, as applicable, to have	4964
occurred or of the threat of injury, abuse, or neglect that is	4965
known or reasonably suspected or believed, as applicable, to	4966
exist.	4967

Any person, who is required by division (A) of this section	4968
to report child abuse or child neglect that is known or reasonably	4969
suspected or believed to have occurred, may take or cause to be	4970
taken color photographs of areas of trauma visible on a child and,	4971
if medically indicated, cause to be performed radiological	4972
examinations of the child.	4973

(D) As used in this division, "children's advocacy center"	4974
and "sexual abuse of a child" have the same meanings as in section	4975
2151.425 of the Revised Code.	4976

(1) When a municipal or county peace officer receives a	4977
report concerning the possible abuse or neglect of a child or the	4978
possible threat of abuse or neglect of a child, upon receipt of	4979
the report, the municipal or county peace officer who receives the	4980
report shall refer the report to the appropriate public children	4981
services agency.	4982

(2) When a public children services agency receives a report	4983
pursuant to this division or division (A) or (B) of this section,	4984
upon receipt of the report, the public children services agency	4985
shall do both of the following:	4986

(a) Comply with section 2151.422 of the Revised Code;

4987

(b) If the county served by the agency is also served by a	4988
children's advocacy center and the report alleges sexual abuse of	4989
a child or another type of abuse of a child that is specified in	4990
the memorandum of understanding that creates the center as being	4991
within the center's jurisdiction, comply regarding the report with	4992
the protocol and procedures for referrals and investigations, with	4993
the coordinating activities, and with the authority or	4994
responsibility for performing or providing functions, activities,	4995
and services stipulated in the interagency agreement entered into	4996
under section 2151.428 of the Revised Code relative to that	4997
center.	4998

(E) No township, municipal, or county peace officer shall	4999
remove a child about whom a report is made pursuant to this	5000
section from the child's parents, stepparents, or guardian or any	5001
other persons having custody of the child without consultation	5002
with the public children services agency, unless, in the judgment	5003
of the officer, and, if the report was made by physician, the	5004
physician, immediate removal is considered essential to protect	5005
the child from further abuse or neglect. The agency that must be	5006
consulted shall be the agency conducting the investigation of the	5007
report as determined pursuant to section 2151.422 of the Revised	5008
Code.	5009

(F)(1) Except as provided in section 2151.422 of the Revised	5010
Code or in an interagency agreement entered into under section	5011
2151.428 of the Revised Code that applies to the particular	5012
report, the public children services agency shall investigate,	5013
within twenty-four hours, each report of child abuse or child	5014
neglect that is known or reasonably suspected or believed to have	5015
occurred and of a threat of child abuse or child neglect that is	5016
known or reasonably suspected or believed to exist that is	5017
referred to it under this section to determine the circumstances	5018
surrounding the injuries, abuse, or neglect or the threat of	5019
injury, abuse, or neglect, the cause of the injuries, abuse,	5020
neglect, or threat, and the person or persons responsible. The	5021
investigation shall be made in cooperation with the law	5022
enforcement agency and in accordance with the memorandum of	5023
understanding prepared under division (J) of this section. A	5024
representative of the public children services agency shall, at	5025
the time of initial contact with the person subject to the	5026
investigation, inform the person of the specific complaints or	5027
allegations made against the person. The information shall be	5028
given in a manner that is consistent with division (H)(1) of this	5029
section and protects the rights of the person making the report	5030
under this section.	5031

A failure to make the investigation in accordance with the	5032
memorandum is not grounds for, and shall not result in, the	5033
dismissal of any charges or complaint arising from the report or	5034
the suppression of any evidence obtained as a result of the report	5035
and does not give, and shall not be construed as giving, any	5036
rights or any grounds for appeal or post-conviction relief to any	5037
person. The public children services agency shall report each case	5038
to the uniform statewide automated child welfare information	5039
system that the department of job and family services shall	5040
maintain in accordance with section 5101.13 of the Revised Code.	5041
The public children services agency shall submit a report of its	5042
investigation, in writing, to the law enforcement agency.	5043

(2) The public children services agency shall make any	5044
recommendations to the county prosecuting attorney or city	5045
director of law that it considers necessary to protect any	5046
children that are brought to its attention.	5047

(G)(1)(a) Except as provided in division (H)(3) of this	5048
section, anyone or any hospital, institution, school, health	5049
department, or agency participating in the making of reports under	5050
division (A) of this section, anyone or any hospital, institution,	5051
school, health department, or agency participating in good faith	5052
in the making of reports under division (B) of this section, and	5053
anyone participating in good faith in a judicial proceeding	5054
resulting from the reports, shall be immune from any civil or	5055
criminal liability for injury, death, or loss to person or	5056
property that otherwise might be incurred or imposed as a result	5057
of the making of the reports or the participation in the judicial	5058
proceeding.	5059

(b) Notwithstanding section 4731.22 of the Revised Code, the	5060
physician-patient privilege shall not be a ground for excluding	5061
evidence regarding a child's injuries, abuse, or neglect, or the	5062
cause of the injuries, abuse, or neglect in any judicial	5063
proceeding resulting from a report submitted pursuant to this	5064
section.	5065

(2) In any civil or criminal action or proceeding in which it	5066
is alleged and proved that participation in the making of a report	5067
under this section was not in good faith or participation in a	5068
judicial proceeding resulting from a report made under this	5069
section was not in good faith, the court shall award the	5070
prevailing party reasonable attorney's fees and costs and, if a	5071
civil action or proceeding is voluntarily dismissed, may award	5072
reasonable attorney's fees and costs to the party against whom the	5073
civil action or proceeding is brought.	5074

(H)(1) Except as provided in divisions (H)(4) and (M) of this	5075
section, a report made under this section is confidential. The	5076
information provided in a report made pursuant to this section and	5077
the name of the person who made the report shall not be released	5078
for use, and shall not be used, as evidence in any civil action or	5079
proceeding brought against the person who made the report. In a	5080
criminal proceeding, the report is admissible in evidence in	5081
accordance with the Rules of Evidence and is subject to discovery	5082
in accordance with the Rules of Criminal Procedure.	5083

(2) No person shall permit or encourage the unauthorized	5084
dissemination of the contents of any report made under this	5085
section.	5086

(3) A person who knowingly makes or causes another person to	5087
make a false report under division (B) of this section that	5088
alleges that any person has committed an act or omission that	5089
resulted in a child being an abused child or a neglected child is	5090
guilty of a violation of section 2921.14 of the Revised Code.	5091

(4) If a report is made pursuant to division (A) or (B) of	5092
this section and the child who is the subject of the report dies	5093
for any reason at any time after the report is made, but before	5094
the child attains eighteen years of age, the public children	5095
services agency or municipal or county peace officer to which the	5096
report was made or referred, on the request of the child fatality	5097
review board, shall submit a summary sheet of information	5098
providing a summary of the report to the review board of the	5099
county in which the deceased child resided at the time of death.	5100
On the request of the review board, the agency or peace officer	5101
may, at its discretion, make the report available to the review	5102
board. If the county served by the public children services agency	5103
is also served by a children's advocacy center and the report of	5104
alleged sexual abuse of a child or another type of abuse of a	5105
child is specified in the memorandum of understanding that creates	5106
the center as being within the center's jurisdiction, the agency	5107
or center shall perform the duties and functions specified in this	5108
division in accordance with the interagency agreement entered into	5109
under section 2151.428 of the Revised Code relative to that	5110
advocacy center.	5111

(5) A public children services agency shall advise a person	5112
alleged to have inflicted abuse or neglect on a child who is the	5113
subject of a report made pursuant to this section, including a	5114
report alleging sexual abuse of a child or another type of abuse	5115
of a child referred to a children's advocacy center pursuant to an	5116
interagency agreement entered into under section 2151.428 of the	5117
Revised Code, in writing of the disposition of the investigation.	5118
The agency shall not provide to the person any information that	5119
identifies the person who made the report, statements of	5120
witnesses, or police or other investigative reports.	5121

(I) Any report that is required by this section, other than a	5122
report that is made to the state highway patrol as described in	5123
section 5120.173 of the Revised Code, shall result in protective	5124
services and emergency supportive services being made available by	5125
the public children services agency on behalf of the children	5126
about whom the report is made, in an effort to prevent further	5127
neglect or abuse, to enhance their welfare, and, whenever	5128
possible, to preserve the family unit intact. The agency required	5129
to provide the services shall be the agency conducting the	5130
investigation of the report pursuant to section 2151.422 of the	5131
Revised Code.	5132

(J)(1) Each public children services agency shall prepare a	5133
memorandum of understanding that is signed by all of the	5134
following:	5135

(a) If there is only one juvenile judge in the county, the	5136
juvenile judge of the county or the juvenile judge's	5137
representative;	5138

(b) If there is more than one juvenile judge in the county, a	5139
juvenile judge or the juvenile judges' representative selected by	5140
the juvenile judges or, if they are unable to do so for any	5141
reason, the juvenile judge who is senior in point of service or	5142
the senior juvenile judge's representative;	5143

5144

(d) All chief municipal peace officers within the county;

5145

(e) Other law enforcement officers handling child abuse and	5146
neglect cases in the county;	5147

(f) The prosecuting attorney of the county;

5148

(g) If the public children services agency is not the county	5149
department of job and family services, the county department of	5150
job and family services;	5151

(h) The county humane society;

5152

(i) If the public children services agency participated in	5153
the execution of a memorandum of understanding under section	5154
2151.426 of the Revised Code establishing a children's advocacy	5155
center, each participating member of the children's advocacy	5156
center established by the memorandum.	5157

(2) A memorandum of understanding shall set forth the normal	5158
operating procedure to be employed by all concerned officials in	5159
the execution of their respective responsibilities under this	5160
section and division (C) of section 2919.21, division (B)(1) of	5161
section 2919.22, division (B) of section 2919.23, and section	5162
2919.24 of the Revised Code and shall have as two of its primary	5163
goals the elimination of all unnecessary interviews of children	5164
who are the subject of reports made pursuant to division (A) or	5165
(B) of this section and, when feasible, providing for only one	5166
interview of a child who is the subject of any report made	5167
pursuant to division (A) or (B) of this section. A failure to	5168
follow the procedure set forth in the memorandum by the concerned	5169
officials is not grounds for, and shall not result in, the	5170
dismissal of any charges or complaint arising from any reported	5171
case of abuse or neglect or the suppression of any evidence	5172
obtained as a result of any reported child abuse or child neglect	5173
and does not give, and shall not be construed as giving, any	5174
rights or any grounds for appeal or post-conviction relief to any	5175
person.	5176

(3) A memorandum of understanding shall include all of the	5177
following:	5178

(a) The roles and responsibilities for handling emergency and	5179
nonemergency cases of abuse and neglect;	5180

(b) Standards and procedures to be used in handling and	5181
coordinating investigations of reported cases of child abuse and	5182
reported cases of child neglect, methods to be used in	5183
interviewing the child who is the subject of the report and who	5184
allegedly was abused or neglected, and standards and procedures	5185
addressing the categories of persons who may interview the child	5186
who is the subject of the report and who allegedly was abused or	5187
neglected.	5188

(4) If a public children services agency participated in the	5189
execution of a memorandum of understanding under section 2151.426	5190
of the Revised Code establishing a children's advocacy center, the	5191
agency shall incorporate the contents of that memorandum in the	5192
memorandum prepared pursuant to this section.	5193

(5) The clerk of the court of common pleas in the county may	5194
sign the memorandum of understanding prepared under division	5195
(J)(1) of this section. If the clerk signs the memorandum of	5196
understanding, the clerk shall execute all relevant	5197
responsibilities as required of officials specified in the	5198
memorandum.	5199

(K)(1) Except as provided in division (K)(4) of this section,	5200
a person who is required to make a report pursuant to division (A)	5201
of this section may make a reasonable number of requests of the	5202
public children services agency that receives or is referred the	5203
report, or of the children's advocacy center that is referred the	5204
report if the report is referred to a children's advocacy center	5205
pursuant to an interagency agreement entered into under section	5206
2151.428 of the Revised Code, to be provided with the following	5207
information:	5208

(a) Whether the agency or center has initiated an	5209
investigation of the report;	5210

(b) Whether the agency or center is continuing to investigate	5211
the report;	5212

(c) Whether the agency or center is otherwise involved with	5213
the child who is the subject of the report;	5214

(d) The general status of the health and safety of the child	5215
who is the subject of the report;	5216

(e) Whether the report has resulted in the filing of a	5217
complaint in juvenile court or of criminal charges in another	5218
court.	5219

(2) A person may request the information specified in	5220
division (K)(1) of this section only if, at the time the report is	5221
made, the person's name, address, and telephone number are	5222
provided to the person who receives the report.	5223

When a municipal or county peace officer or employee of a	5224
public children services agency receives a report pursuant to	5225
division (A) or (B) of this section the recipient of the report	5226
shall inform the person of the right to request the information	5227
described in division (K)(1) of this section. The recipient of the	5228
report shall include in the initial child abuse or child neglect	5229
report that the person making the report was so informed and, if	5230
provided at the time of the making of the report, shall include	5231
the person's name, address, and telephone number in the report.	5232

Each request is subject to verification of the identity of	5233
the person making the report. If that person's identity is	5234
verified, the agency shall provide the person with the information	5235
described in division (K)(1) of this section a reasonable number	5236
of times, except that the agency shall not disclose any	5237
confidential information regarding the child who is the subject of	5238
the report other than the information described in those	5239
divisions.	5240

(3) A request made pursuant to division (K)(1) of this	5241
section is not a substitute for any report required to be made	5242
pursuant to division (A) of this section.	5243

(4) If an agency other than the agency that received or was	5244
referred the report is conducting the investigation of the report	5245
pursuant to section 2151.422 of the Revised Code, the agency	5246
conducting the investigation shall comply with the requirements of	5247
division (K) of this section.	5248

(L) The director of job and family services shall adopt rules	5249
in accordance with Chapter 119. of the Revised Code to implement	5250
this section. The department of job and family services may enter	5251
into a plan of cooperation with any other governmental entity to	5252
aid in ensuring that children are protected from abuse and	5253
neglect. The department shall make recommendations to the attorney	5254
general that the department determines are necessary to protect	5255
children from child abuse and child neglect.	5256

(M)(1) As used in this division:

5257

(a) "Out-of-home care" includes a nonchartered nonpublic	5258
school if the alleged child abuse or child neglect, or alleged	5259
threat of child abuse or child neglect, described in a report	5260
received by a public children services agency allegedly occurred	5261
in or involved the nonchartered nonpublic school and the alleged	5262
perpetrator named in the report holds a certificate, permit, or	5263
license issued by the state board of education under section	5264
3301.071 or Chapter 3319. of the Revised Code.	5265

(b) "Administrator, director, or other chief administrative	5266
officer" means the superintendent of the school district if the	5267
out-of-home care entity subject to a report made pursuant to this	5268
section is a school operated by the district.	5269

(2) No later than the end of the day following the day on	5270
which a public children services agency receives a report of	5271
alleged child abuse or child neglect, or a report of an alleged	5272
threat of child abuse or child neglect, that allegedly occurred in	5273
or involved an out-of-home care entity, the agency shall provide	5274
written notice of the allegations contained in and the person	5275
named as the alleged perpetrator in the report to the	5276
administrator, director, or other chief administrative officer of	5277
the out-of-home care entity that is the subject of the report	5278
unless the administrator, director, or other chief administrative	5279
officer is named as an alleged perpetrator in the report. If the	5280
administrator, director, or other chief administrative officer of	5281
an out-of-home care entity is named as an alleged perpetrator in a	5282
report of alleged child abuse or child neglect, or a report of an	5283
alleged threat of child abuse or child neglect, that allegedly	5284
occurred in or involved the out-of-home care entity, the agency	5285
shall provide the written notice to the owner or governing board	5286
of the out-of-home care entity that is the subject of the report.	5287
The agency shall not provide witness statements or police or other	5288
investigative reports.	5289

(3) No later than three days after the day on which a public	5290
children services agency that conducted the investigation as	5291
determined pursuant to section 2151.422 of the Revised Code makes	5292
a disposition of an investigation involving a report of alleged	5293
child abuse or child neglect, or a report of an alleged threat of	5294
child abuse or child neglect, that allegedly occurred in or	5295
involved an out-of-home care entity, the agency shall send written	5296
notice of the disposition of the investigation to the	5297
administrator, director, or other chief administrative officer and	5298
the owner or governing board of the out-of-home care entity. The	5299
agency shall not provide witness statements or police or other	5300
investigative reports.	5301

Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the	5302
Revised Code:	5303

(A) "Care facility" means any of the following:

5304

(1) Any "home" as defined in section 3721.10 or 5111.20 of	5305
the Revised Code;	5306

(2) Any "residential facility" as defined in section 5123.19	5307
of the Revised Code;	5308

(3) Any institution or facility operated or provided by the	5309
department of mental health or by the department of ~~mental~~	5310
~~retardation and~~ developmental disabilities pursuant to sections	5311
5119.02 and 5123.03 of the Revised Code;	5312

(4) Any "residential facility" as defined in section 5119.22	5313
of the Revised Code;	5314

(5) Any unit of any hospital, as defined in section 3701.01	5315
of the Revised Code, that provides the same services as a nursing	5316
home, as defined in section 3721.01 of the Revised Code;	5317

(6) Any institution, residence, or facility that provides,	5318
for a period of more than twenty-four hours, whether for a	5319
consideration or not, accommodations to one individual or two	5320
unrelated individuals who are dependent upon the services of	5321
others;	5322

(7) Any "adult care facility" as defined in section 3722.01	5323
of the Revised Code;	5324

(8) Any adult foster home certified by the department of	5325
aging or its designee under section 173.36 of the Revised Code;	5326

(9) Any "community alternative home" as defined in section	5327
3724.01 of the Revised Code.	5328

(B) "Abuse" means knowingly causing physical harm or	5329
recklessly causing serious physical harm to a person by physical	5330
contact with the person or by the inappropriate use of a physical	5331
or chemical restraint, medication, or isolation on the person.	5332

(C)(1) "Gross neglect" means knowingly failing to provide a	5333
person with any treatment, care, goods, or service that is	5334
necessary to maintain the health or safety of the person when the	5335
failure results in physical harm or serious physical harm to the	5336
person.	5337

(2) "Neglect" means recklessly failing to provide a person	5338
with any treatment, care, goods, or service that is necessary to	5339
maintain the health or safety of the person when the failure	5340
results in serious physical harm to the person.	5341

(D) "Inappropriate use of a physical or chemical restraint,	5342
medication, or isolation" means the use of physical or chemical	5343
restraint, medication, or isolation as punishment, for staff	5344
convenience, excessively, as a substitute for treatment, or in	5345
quantities that preclude habilitation and treatment.	5346

Sec. 2919.271. (A)(1)(a) If a defendant is charged with a	5347
violation of section 2919.27 of the Revised Code or of a municipal	5348
ordinance that is substantially similar to that section, the court	5349
may order an evaluation of the mental condition of the defendant	5350
if the court determines that either of the following criteria	5351
apply:	5352

(i) If the alleged violation is a violation of a protection	5353
order issued or consent agreement approved pursuant to section	5354
2919.26 or 3113.31 of the Revised Code, that the violation	5355
allegedly involves conduct by the defendant that caused physical	5356
harm to the person or property of a family or household member	5357
covered by the order or agreement, or conduct by the defendant	5358
that caused a family or household member to believe that the	5359
defendant would cause physical harm to that member or that	5360
member's property.	5361

(ii) If the alleged violation is a violation of a protection	5362
order issued pursuant to section 2903.213 or 2903.214 of the	5363
Revised Code or a protection order issued by a court of another	5364
state, that the violation allegedly involves conduct by the	5365
defendant that caused physical harm to the person or property of	5366
the person covered by the order, or conduct by the defendant that	5367
caused the person covered by the order to believe that the	5368
defendant would cause physical harm to that person or that	5369
person's property.	5370

(b) If a defendant is charged with a violation of section	5371
2903.211 of the Revised Code or of a municipal ordinance that is	5372
substantially similar to that section, the court may order an	5373
evaluation of the mental condition of the defendant.	5374

(2) An evaluation ordered under division (A)(1) of this	5375
section shall be completed no later than thirty days from the date	5376
the order is entered pursuant to that division. In that order, the	5377
court shall do either of the following:	5378

(a) Order that the evaluation of the mental condition of the	5379
defendant be preceded by an examination conducted either by a	5380
forensic center that is designated by the department of mental	5381
health to conduct examinations and make evaluations of defendants	5382
charged with violations of section 2903.211 or 2919.27 of the	5383
Revised Code or of substantially similar municipal ordinances in	5384
the area in which the court is located, or by any other program or	5385
facility that is designated by the department of mental health or	5386
the department of ~~mental retardation and~~ developmental	5387
disabilities to conduct examinations and make evaluations of	5388
defendants charged with violations of section 2903.211 or 2919.27	5389
of the Revised Code or of substantially similar municipal	5390
ordinances, and that is operated by either department or is	5391
certified by either department as being in compliance with the	5392
standards established under division (I) of section 5119.01 of the	5393
Revised Code or division (C) of section 5123.04 of the Revised	5394
Code.	5395

(b) Designate a center, program, or facility other than one	5396
designated by the department of mental health or the department of	5397
~~mental retardation and~~ developmental disabilities, as described in	5398
division (A)(2)(a) of this section, to conduct the evaluation and	5399
preceding examination of the mental condition of the defendant.	5400

Whether the court acts pursuant to division (A)(2)(a) or (b)	5401
of this section, the court may designate examiners other than the	5402
personnel of the center, program, facility, or department involved	5403
to make the evaluation and preceding examination of the mental	5404
condition of the defendant.	5405

(B) If the court considers that additional evaluations of the	5406
mental condition of a defendant are necessary following the	5407
evaluation authorized by division (A) of this section, the court	5408
may order up to two additional similar evaluations. These	5409
evaluations shall be completed no later than thirty days from the	5410
date the applicable court order is entered. If more than one	5411
evaluation of the mental condition of the defendant is ordered	5412
under this division, the prosecutor and the defendant may	5413
recommend to the court an examiner whom each prefers to perform	5414
one of the evaluations and preceding examinations.	5415

(C)(1) The court may order a defendant who has been released	5416
on bail to submit to an examination under division (A) or (B) of	5417
this section. The examination shall be conducted either at the	5418
detention facility in which the defendant would have been confined	5419
if the defendant had not been released on bail, or, if so	5420
specified by the center, program, facility, or examiners involved,	5421
at the premises of the center, program, or facility. Additionally,	5422
the examination shall be conducted at the times established by the	5423
examiners involved. If such a defendant refuses to submit to an	5424
examination or a complete examination as required by the court or	5425
the center, program, facility, or examiners involved, the court	5426
may amend the conditions of the bail of the defendant and order	5427
the sheriff to take the defendant into custody and deliver the	5428
defendant to the detention facility in which the defendant would	5429
have been confined if the defendant had not been released on bail,	5430
or, if so specified by the center, program, facility, or examiners	5431
involved, to the premises of the center, program, or facility, for	5432
purposes of the examination.	5433

(2) A defendant who has not been released on bail shall be	5434
examined at the detention facility in which the defendant is	5435
confined or, if so specified by the center, program, facility, or	5436
examiners involved, at the premises of the center, program, or	5437
facility.	5438

(D) The examiner of the mental condition of a defendant under	5439
division (A) or (B) of this section shall file a written report	5440
with the court within thirty days after the entry of an order for	5441
the evaluation of the mental condition of the defendant. The	5442
report shall contain the findings of the examiner; the facts in	5443
reasonable detail on which the findings are based; the opinion of	5444
the examiner as to the mental condition of the defendant; the	5445
opinion of the examiner as to whether the defendant represents a	5446
substantial risk of physical harm to other persons as manifested	5447
by evidence of recent homicidal or other violent behavior,	5448
evidence of recent threats that placed other persons in reasonable	5449
fear of violent behavior and serious physical harm, or evidence of	5450
present dangerousness; and the opinion of the examiner as to the	5451
types of treatment or counseling that the defendant needs. The	5452
court shall provide copies of the report to the prosecutor and	5453
defense counsel.	5454

(E) The costs of any evaluation and preceding examination of	5455
a defendant that is ordered pursuant to division (A) or (B) of	5456
this section shall be taxed as court costs in the criminal case.	5457

(F) If the examiner considers it necessary in order to make	5458
an accurate evaluation of the mental condition of a defendant, an	5459
examiner under division (A) or (B) of this section may request any	5460
family or household member of the defendant to provide the	5461
examiner with information. A family or household member may, but	5462
is not required to, provide information to the examiner upon	5463
receipt of the request.	5464

(G) As used in this section:

5465

(1) "Bail" includes a recognizance.

5466

(2) "Examiner" means a psychiatrist, a licensed independent	5467
social worker who is employed by a forensic center that is	5468
certified as being in compliance with the standards established	5469
under division (I) of section 5119.01 or division (C) of section	5470
5123.04 of the Revised Code, a licensed professional clinical	5471
counselor who is employed at a forensic center that is certified	5472
as being in compliance with such standards, or a licensed clinical	5473
psychologist, except that in order to be an examiner, a licensed	5474
clinical psychologist shall meet the criteria of division (I)(1)	5475
of section 5122.01 of the Revised Code or be employed to conduct	5476
examinations by the department of mental health or by a forensic	5477
center certified as being in compliance with the standards	5478
established under division (I) of section 5119.01 or division (C)	5479
of section 5123.04 of the Revised Code that is designated by the	5480
department of mental health.	5481

(3) "Family or household member" has the same meaning as in	5482
section 2919.25 of the Revised Code.	5483

(4) "Prosecutor" has the same meaning as in section 2935.01	5484
of the Revised Code.	5485

(5) "Psychiatrist" and "licensed clinical psychologist" have	5486
the same meanings as in section 5122.01 of the Revised Code.	5487

(6) "Protection order issued by a court of another state" has	5488
the same meaning as in section 2919.27 of the Revised Code.	5489

Sec. 2921.36. (A) No person shall knowingly convey, or	5490
attempt to convey, onto the grounds of a detention facility or of	5491
an institution that is under the control of the department of	5492
mental health or the department of ~~mental retardation and~~	5493
developmental disabilities, any of the following items:	5494

(1) Any deadly weapon or dangerous ordnance, as defined in	5495
section 2923.11 of the Revised Code, or any part of or ammunition	5496
for use in such a deadly weapon or dangerous ordnance;	5497

(2) Any drug of abuse, as defined in section 3719.011 of the	5498
Revised Code;	5499

(3) Any intoxicating liquor, as defined in section 4301.01 of	5500
the Revised Code.	5501

(B) Division (A) of this section does not apply to any person	5502
who conveys or attempts to convey an item onto the grounds of a	5503
detention facility or of an institution under the control of the	5504
department of mental health or the department of ~~mental~~	5505
~~retardation and~~ developmental disabilities pursuant to the written	5506
authorization of the person in charge of the detention facility or	5507
the institution and in accordance with the written rules of the	5508
detention facility or the institution.	5509

(C) No person shall knowingly deliver, or attempt to deliver,	5510
to any person who is confined in a detention facility or to any	5511
patient in an institution under the control of the department of	5512
mental health or the department of ~~mental retardation and~~	5513
developmental disabilities, any item listed in division (A)(1),	5514
(2), or (3) of this section.	5515

(D) No person shall knowingly deliver, or attempt to deliver,	5516
cash to any person who is confined in a detention facility.	5517

(E) No person shall knowingly deliver, or attempt to deliver,	5518
to any person who is confined in a detention facility a cellular	5519
telephone, two-way radio, or other electronic communications	5520
device.	5521

(F)(1) It is an affirmative defense to a charge under	5522
division (A)(1) of this section that the weapon or dangerous	5523
ordnance in question was being transported in a motor vehicle for	5524
any lawful purpose, that it was not on the actor's person, and, if	5525
the weapon or dangerous ordnance in question was a firearm, that	5526
it was unloaded and was being carried in a closed package, box, or	5527
case or in a compartment that can be reached only by leaving the	5528
vehicle.	5529

(2) It is an affirmative defense to a charge under division	5530
(C) of this section that the actor was not otherwise prohibited by	5531
law from delivering the item to the confined person or the patient	5532
and that either of the following applies:	5533

(a) The actor was permitted by the written rules of the	5534
detention facility or the institution to deliver the item to the	5535
confined person or the patient.	5536

(b) The actor was given written authorization by the person	5537
in charge of the detention facility or the institution to deliver	5538
the item to the confined person or the patient.	5539

(G)(1) Whoever violates division (A)(1) of this section or	5540
commits a violation of division (C) of this section involving an	5541
item listed in division (A)(1) of this section is guilty of	5542
illegal conveyance of weapons onto the grounds of a detention	5543
facility or a mental health or mental retardation and	5544
developmental disabilities institution, a felony of the fourth	5545
degree. If the offender is an officer or employee of the	5546
department of rehabilitation and correction, the court shall	5547
impose a mandatory prison term.	5548

(2) Whoever violates division (A)(2) of this section or	5549
commits a violation of division (C) of this section involving any	5550
drug of abuse is guilty of illegal conveyance of drugs of abuse	5551
onto the grounds of a detention facility or a mental health or	5552
mental retardation and developmental disabilities institution, a	5553
felony of the third degree. If the offender is an officer or	5554
employee of the department of rehabilitation and correction or of	5555
the department of youth services, the court shall impose a	5556
mandatory prison term.	5557

(3) Whoever violates division (A)(3) of this section or	5558
commits a violation of division (C) of this section involving any	5559
intoxicating liquor is guilty of illegal conveyance of	5560
intoxicating liquor onto the grounds of a detention facility or a	5561
mental health or mental retardation and developmental disabilities	5562
institution, a misdemeanor of the second degree.	5563

(4) Whoever violates division (D) of this section is guilty	5564
of illegal conveyance of cash onto the grounds of a detention	5565
facility, a misdemeanor of the first degree. If the offender	5566
previously has been convicted of or pleaded guilty to a violation	5567
of division (D) of this section, illegal conveyance of cash onto	5568
the grounds of a detention facility is a felony of the fifth	5569
degree.	5570

(5) Whoever violates division (E) of this section is guilty	5571
of illegal conveyance of a communications device onto the grounds	5572
of a detention facility, a misdemeanor of the first degree, or if	5573
the offender previously has been convicted of or pleaded guilty to	5574
a violation of division (E) of this section, a felony of the fifth	5575
degree.	5576

Sec. 2921.38. (A) No person who is confined in a detention	5577
facility, with intent to harass, annoy, threaten, or alarm another	5578
person, shall cause or attempt to cause the other person to come	5579
into contact with blood, semen, urine, feces, or another bodily	5580
substance by throwing the bodily substance at the other person, by	5581
expelling the bodily substance upon the other person, or in any	5582
other manner.	5583

(B) No person, with intent to harass, annoy, threaten, or	5584
alarm a law enforcement officer, shall cause or attempt to cause	5585
the law enforcement officer to come into contact with blood,	5586
semen, urine, feces, or another bodily substance by throwing the	5587
bodily substance at the law enforcement officer, by expelling the	5588
bodily substance upon the law enforcement officer, or in any other	5589
manner.	5590

(C) No person, with knowledge that the person is a carrier of	5591
the virus that causes acquired immunodeficiency syndrome, is a	5592
carrier of a hepatitis virus, or is infected with tuberculosis and	5593
with intent to harass, annoy, threaten, or alarm another person,	5594
shall cause or attempt to cause the other person to come into	5595
contact with blood, semen, urine, feces, or another bodily	5596
substance by throwing the bodily substance at the other person, by	5597
expelling the bodily substance upon the other person, or in any	5598
other manner.	5599

(D) Whoever violates this section is guilty of harassment	5600
with a bodily substance. A violation of division (A) or (B) of	5601
this section is a felony of the fifth degree. A violation of	5602
division (C) of this section is a felony of the third degree.	5603

(E)(1) The court, on request of the prosecutor, or the law	5604
enforcement authority responsible for the investigation of the	5605
violation, shall cause a person who allegedly has committed a	5606
violation of this section to submit to one or more appropriate	5607
tests to determine if the person is a carrier of the virus that	5608
causes acquired immunodeficiency syndrome, is a carrier of a	5609
hepatitis virus, or is infected with tuberculosis.	5610

(2) The court shall charge the offender with the costs of the	5611
test or tests ordered under division (E)(1) of this section unless	5612
the court determines that the accused is unable to pay, in which	5613
case the costs shall be charged to the entity that operates the	5614
detention facility in which the alleged offense occurred.	5615

(F) This section does not apply to a person who is	5616
hospitalized, institutionalized, or confined in a facility	5617
operated by the department of mental health or the department of	5618
~~mental retardation and~~ developmental disabilities.	5619

Sec. 2930.061. (A) If a person is charged in a complaint,	5620
indictment, or information with any crime or specified delinquent	5621
act or with any other violation of law, and if the case involves a	5622
victim that the prosecutor in the case knows is a mentally	5623
retarded person or a developmentally disabled person, in addition	5624
to any other notices required under this chapter or under any	5625
other provision of law, the prosecutor in the case shall send	5626
written notice of the charges to the department of ~~mental~~	5627
~~retardation and~~ developmental disabilities. The written notice	5628
shall specifically identify the person so charged.	5629

(B) As used in this section, "mentally retarded person" and	5630
"developmentally disabled person" have the same meanings as in	5631
section 5123.01 of the Revised Code.	5632

Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,	5633
deputy marshal, municipal police officer, township constable,	5634
police officer of a township or joint township police district,	5635
member of a police force employed by a metropolitan housing	5636
authority under division (D) of section 3735.31 of the Revised	5637
Code, member of a police force employed by a regional transit	5638
authority under division (Y) of section 306.35 of the Revised	5639
Code, state university law enforcement officer appointed under	5640
section 3345.04 of the Revised Code, veterans' home police officer	5641
appointed under section 5907.02 of the Revised Code, special	5642
police officer employed by a port authority under section 4582.04	5643
or 4582.28 of the Revised Code, or a special police officer	5644
employed by a municipal corporation at a municipal airport, or	5645
other municipal air navigation facility, that has scheduled	5646
operations, as defined in section 119.3 of Title 14 of the Code of	5647
Federal Regulations, 14 C.F.R. 119.3, as amended, and that is	5648
required to be under a security program and is governed by	5649
aviation security rules of the transportation security	5650
administration of the United States department of transportation	5651
as provided in Parts 1542. and 1544. of Title 49 of the Code of	5652
Federal Regulations, as amended, shall arrest and detain, until a	5653
warrant can be obtained, a person found violating, within the	5654
limits of the political subdivision, metropolitan housing	5655
authority housing project, regional transit authority facilities	5656
or areas of a municipal corporation that have been agreed to by a	5657
regional transit authority and a municipal corporation located	5658
within its territorial jurisdiction, college, university,	5659
veterans' home operated under Chapter 5907. of the Revised Code,	5660
port authority, or municipal airport or other municipal air	5661
navigation facility, in which the peace officer is appointed,	5662
employed, or elected, a law of this state, an ordinance of a	5663
municipal corporation, or a resolution of a township.	5664

(2) A peace officer of the department of natural resources, a	5665
state fire marshal law enforcement officer described in division	5666
(A)(23) of section 109.71 of the Revised Code, or an individual	5667
designated to perform law enforcement duties under section	5668
511.232, 1545.13, or 6101.75 of the Revised Code shall arrest and	5669
detain, until a warrant can be obtained, a person found	5670
violating, within the limits of the peace officer's, state fire	5671
marshal law enforcement officer's, or individual's territorial	5672
jurisdiction, a law of this state.	5673

(3) The house sergeant at arms if the house sergeant at arms	5674
has arrest authority pursuant to division (E)(1) of section	5675
101.311 of the Revised Code and an assistant house sergeant at	5676
arms shall arrest and detain, until a warrant can be obtained, a	5677
person found violating, within the limits of the sergeant at	5678
arms's or assistant sergeant at arms's territorial jurisdiction	5679
specified in division (D)(1)(a) of section 101.311 of the Revised	5680
Code or while providing security pursuant to division (D)(1)(f) of	5681
section 101.311 of the Revised Code, a law of this state, an	5682
ordinance of a municipal corporation, or a resolution of a	5683
township.	5684

(B)(1) When there is reasonable ground to believe that an	5685
offense of violence, the offense of criminal child enticement as	5686
defined in section 2905.05 of the Revised Code, the offense of	5687
public indecency as defined in section 2907.09 of the Revised	5688
Code, the offense of domestic violence as defined in section	5689
2919.25 of the Revised Code, the offense of violating a protection	5690
order as defined in section 2919.27 of the Revised Code, the	5691
offense of menacing by stalking as defined in section 2903.211 of	5692
the Revised Code, the offense of aggravated trespass as defined in	5693
section 2911.211 of the Revised Code, a theft offense as defined	5694
in section 2913.01 of the Revised Code, or a felony drug abuse	5695
offense as defined in section 2925.01 of the Revised Code, has	5696
been committed within the limits of the political subdivision,	5697
metropolitan housing authority housing project, regional transit	5698
authority facilities or those areas of a municipal corporation	5699
that have been agreed to by a regional transit authority and a	5700
municipal corporation located within its territorial jurisdiction,	5701
college, university, veterans' home operated under Chapter 5907.	5702
of the Revised Code, port authority, or municipal airport or other	5703
municipal air navigation facility, in which the peace officer is	5704
appointed, employed, or elected or within the limits of the	5705
territorial jurisdiction of the peace officer, a peace officer	5706
described in division (A) of this section may arrest and detain	5707
until a warrant can be obtained any person who the peace officer	5708
has reasonable cause to believe is guilty of the violation.	5709

(2) For purposes of division (B)(1) of this section, the	5710
execution of any of the following constitutes reasonable ground to	5711
believe that the offense alleged in the statement was committed	5712
and reasonable cause to believe that the person alleged in the	5713
statement to have committed the offense is guilty of the	5714
violation:	5715

(a) A written statement by a person alleging that an alleged	5716
offender has committed the offense of menacing by stalking or	5717
aggravated trespass;	5718

(b) A written statement by the administrator of the	5719
interstate compact on mental health appointed under section	5720
5119.51 of the Revised Code alleging that a person who had been	5721
hospitalized, institutionalized, or confined in any facility under	5722
an order made pursuant to or under authority of section 2945.37,	5723
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	5724
Revised Code has escaped from the facility, from confinement in a	5725
vehicle for transportation to or from the facility, or from	5726
supervision by an employee of the facility that is incidental to	5727
hospitalization, institutionalization, or confinement in the	5728
facility and that occurs outside of the facility, in violation of	5729
section 2921.34 of the Revised Code;	5730

(c) A written statement by the administrator of any facility	5731
in which a person has been hospitalized, institutionalized, or	5732
confined under an order made pursuant to or under authority of	5733
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	5734
2945.402 of the Revised Code alleging that the person has escaped	5735
from the facility, from confinement in a vehicle for	5736
transportation to or from the facility, or from supervision by an	5737
employee of the facility that is incidental to hospitalization,	5738
institutionalization, or confinement in the facility and that	5739
occurs outside of the facility, in violation of section 2921.34 of	5740
the Revised Code.	5741

(3)(a) For purposes of division (B)(1) of this section, a	5742
peace officer described in division (A) of this section has	5743
reasonable grounds to believe that the offense of domestic	5744
violence or the offense of violating a protection order has been	5745
committed and reasonable cause to believe that a particular person	5746
is guilty of committing the offense if any of the following	5747
occurs:	5748

(i) A person executes a written statement alleging that the	5749
person in question has committed the offense of domestic violence	5750
or the offense of violating a protection order against the person	5751
who executes the statement or against a child of the person who	5752
executes the statement.	5753

(ii) No written statement of the type described in division	5754
(B)(3)(a)(i) of this section is executed, but the peace officer,	5755
based upon the peace officer's own knowledge and observation of	5756
the facts and circumstances of the alleged incident of the offense	5757
of domestic violence or the alleged incident of the offense of	5758
violating a protection order or based upon any other information,	5759
including, but not limited to, any reasonably trustworthy	5760
information given to the peace officer by the alleged victim of	5761
the alleged incident of the offense or any witness of the alleged	5762
incident of the offense, concludes that there are reasonable	5763
grounds to believe that the offense of domestic violence or the	5764
offense of violating a protection order has been committed and	5765
reasonable cause to believe that the person in question is guilty	5766
of committing the offense.	5767

(iii) No written statement of the type described in division	5768
(B)(3)(a)(i) of this section is executed, but the peace officer	5769
witnessed the person in question commit the offense of domestic	5770
violence or the offense of violating a protection order.	5771

(b) If pursuant to division (B)(3)(a) of this section a peace	5772
officer has reasonable grounds to believe that the offense of	5773
domestic violence or the offense of violating a protection order	5774
has been committed and reasonable cause to believe that a	5775
particular person is guilty of committing the offense, it is the	5776
preferred course of action in this state that the officer arrest	5777
and detain that person pursuant to division (B)(1) of this section	5778
until a warrant can be obtained.	5779

If pursuant to division (B)(3)(a) of this section a peace	5780
officer has reasonable grounds to believe that the offense of	5781
domestic violence or the offense of violating a protection order	5782
has been committed and reasonable cause to believe that family or	5783
household members have committed the offense against each other,	5784
it is the preferred course of action in this state that the	5785
officer, pursuant to division (B)(1) of this section, arrest and	5786
detain until a warrant can be obtained the family or household	5787
member who committed the offense and whom the officer has	5788
reasonable cause to believe is the primary physical aggressor.	5789
There is no preferred course of action in this state regarding any	5790
other family or household member who committed the offense and	5791
whom the officer does not have reasonable cause to believe is the	5792
primary physical aggressor, but, pursuant to division (B)(1) of	5793
this section, the peace officer may arrest and detain until a	5794
warrant can be obtained any other family or household member who	5795
committed the offense and whom the officer does not have	5796
reasonable cause to believe is the primary physical aggressor.	5797

(c) If a peace officer described in division (A) of this	5798
section does not arrest and detain a person whom the officer has	5799
reasonable cause to believe committed the offense of domestic	5800
violence or the offense of violating a protection order when it is	5801
the preferred course of action in this state pursuant to division	5802
(B)(3)(b) of this section that the officer arrest that person, the	5803
officer shall articulate in the written report of the incident	5804
required by section 2935.032 of the Revised Code a clear statement	5805
of the officer's reasons for not arresting and detaining that	5806
person until a warrant can be obtained.	5807

(d) In determining for purposes of division (B)(3)(b) of this	5808
section which family or household member is the primary physical	5809
aggressor in a situation in which family or household members have	5810
committed the offense of domestic violence or the offense of	5811
violating a protection order against each other, a peace officer	5812
described in division (A) of this section, in addition to any	5813
other relevant circumstances, should consider all of the	5814
following:	5815

(i) Any history of domestic violence or of any other violent	5816
acts by either person involved in the alleged offense that the	5817
officer reasonably can ascertain;	5818

(ii) If violence is alleged, whether the alleged violence was	5819
caused by a person acting in self-defense;	5820

(iii) Each person's fear of physical harm, if any, resulting	5821
from the other person's threatened use of force against any person	5822
or resulting from the other person's use or history of the use of	5823
force against any person, and the reasonableness of that fear;	5824

(iv) The comparative severity of any injuries suffered by the	5825
persons involved in the alleged offense.	5826

(e)(i) A peace officer described in division (A) of this	5827
section shall not require, as a prerequisite to arresting or	5828
charging a person who has committed the offense of domestic	5829
violence or the offense of violating a protection order, that the	5830
victim of the offense specifically consent to the filing of	5831
charges against the person who has committed the offense or sign a	5832
complaint against the person who has committed the offense.	5833

(ii) If a person is arrested for or charged with committing	5834
the offense of domestic violence or the offense of violating a	5835
protection order and if the victim of the offense does not	5836
cooperate with the involved law enforcement or prosecuting	5837
authorities in the prosecution of the offense or, subsequent to	5838
the arrest or the filing of the charges, informs the involved law	5839
enforcement or prosecuting authorities that the victim does not	5840
wish the prosecution of the offense to continue or wishes to drop	5841
charges against the alleged offender relative to the offense, the	5842
involved prosecuting authorities, in determining whether to	5843
continue with the prosecution of the offense or whether to dismiss	5844
charges against the alleged offender relative to the offense and	5845
notwithstanding the victim's failure to cooperate or the victim's	5846
wishes, shall consider all facts and circumstances that are	5847
relevant to the offense, including, but not limited to, the	5848
statements and observations of the peace officers who responded to	5849
the incident that resulted in the arrest or filing of the charges	5850
and of all witnesses to that incident.	5851

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	5852
this section whether to arrest a person pursuant to division	5853
(B)(1) of this section, a peace officer described in division (A)	5854
of this section shall not consider as a factor any possible	5855
shortage of cell space at the detention facility to which the	5856
person will be taken subsequent to the person's arrest or any	5857
possibility that the person's arrest might cause, contribute to,	5858
or exacerbate overcrowding at that detention facility or at any	5859
other detention facility.	5860

(g) If a peace officer described in division (A) of this	5861
section intends pursuant to divisions (B)(3)(a) to (g) of this	5862
section to arrest a person pursuant to division (B)(1) of this	5863
section and if the officer is unable to do so because the person	5864
is not present, the officer promptly shall seek a warrant for the	5865
arrest of the person.	5866

(h) If a peace officer described in division (A) of this	5867
section responds to a report of an alleged incident of the offense	5868
of domestic violence or an alleged incident of the offense of	5869
violating a protection order and if the circumstances of the	5870
incident involved the use or threatened use of a deadly weapon or	5871
any person involved in the incident brandished a deadly weapon	5872
during or in relation to the incident, the deadly weapon that was	5873
used, threatened to be used, or brandished constitutes contraband,	5874
and, to the extent possible, the officer shall seize the deadly	5875
weapon as contraband pursuant to Chapter 2981. of the Revised	5876
Code. Upon the seizure of a deadly weapon pursuant to division	5877
(B)(3)(h) of this section, section 2981.12 of the Revised Code	5878
shall apply regarding the treatment and disposition of the deadly	5879
weapon. For purposes of that section, the "underlying criminal	5880
offense" that was the basis of the seizure of a deadly weapon	5881
under division (B)(3)(h) of this section and to which the deadly	5882
weapon had a relationship is any of the following that is	5883
applicable:	5884

(i) The alleged incident of the offense of domestic violence	5885
or the alleged incident of the offense of violating a protection	5886
order to which the officer who seized the deadly weapon responded;	5887

(ii) Any offense that arose out of the same facts and	5888
circumstances as the report of the alleged incident of the offense	5889
of domestic violence or the alleged incident of the offense of	5890
violating a protection order to which the officer who seized the	5891
deadly weapon responded.	5892

(4) If, in the circumstances described in divisions (B)(3)(a)	5893
to (g) of this section, a peace officer described in division (A)	5894
of this section arrests and detains a person pursuant to division	5895
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	5896
this section, a peace officer described in division (A) of this	5897
section seizes a deadly weapon, the officer, to the extent	5898
described in and in accordance with section 9.86 or 2744.03 of the	5899
Revised Code, is immune in any civil action for damages for	5900
injury, death, or loss to person or property that arises from or	5901
is related to the arrest and detention or the seizure.	5902

(C) When there is reasonable ground to believe that a	5903
violation of division (A)(1), (2), (3), (4), or (5) of section	5904
4506.15 or a violation of section 4511.19 of the Revised Code has	5905
been committed by a person operating a motor vehicle subject to	5906
regulation by the public utilities commission of Ohio under Title	5907
XLIX of the Revised Code, a peace officer with authority to	5908
enforce that provision of law may stop or detain the person whom	5909
the officer has reasonable cause to believe was operating the	5910
motor vehicle in violation of the division or section and, after	5911
investigating the circumstances surrounding the operation of the	5912
vehicle, may arrest and detain the person.	5913

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	5914
municipal police officer, member of a police force employed by a	5915
metropolitan housing authority under division (D) of section	5916
3735.31 of the Revised Code, member of a police force employed by	5917
a regional transit authority under division (Y) of section 306.35	5918
of the Revised Code, special police officer employed by a port	5919
authority under section 4582.04 or 4582.28 of the Revised Code,	5920
special police officer employed by a municipal corporation at a	5921
municipal airport or other municipal air navigation facility	5922
described in division (A) of this section, township constable,	5923
police officer of a township or joint township police district,	5924
state university law enforcement officer appointed under section	5925
3345.04 of the Revised Code, peace officer of the department of	5926
natural resources, individual designated to perform law	5927
enforcement duties under section 511.232, 1545.13, or 6101.75 of	5928
the Revised Code, the house sergeant at arms if the house sergeant	5929
at arms has arrest authority pursuant to division (E)(1) of	5930
section 101.311 of the Revised Code, or an assistant house	5931
sergeant at arms is authorized by division (A) or (B) of this	5932
section to arrest and detain, within the limits of the political	5933
subdivision, metropolitan housing authority housing project,	5934
regional transit authority facilities or those areas of a	5935
municipal corporation that have been agreed to by a regional	5936
transit authority and a municipal corporation located within its	5937
territorial jurisdiction, port authority, municipal airport or	5938
other municipal air navigation facility, college, or university in	5939
which the officer is appointed, employed, or elected or within the	5940
limits of the territorial jurisdiction of the peace officer, a	5941
person until a warrant can be obtained, the peace officer, outside	5942
the limits of that territory, may pursue, arrest, and detain that	5943
person until a warrant can be obtained if all of the following	5944
apply:	5945

(1) The pursuit takes place without unreasonable delay after	5946
the offense is committed;	5947

(2) The pursuit is initiated within the limits of the	5948
political subdivision, metropolitan housing authority housing	5949
project, regional transit authority facilities or those areas of a	5950
municipal corporation that have been agreed to by a regional	5951
transit authority and a municipal corporation located within its	5952
territorial jurisdiction, port authority, municipal airport or	5953
other municipal air navigation facility, college, or university in	5954
which the peace officer is appointed, employed, or elected or	5955
within the limits of the territorial jurisdiction of the peace	5956
officer;	5957

(3) The offense involved is a felony, a misdemeanor of the	5958
first degree or a substantially equivalent municipal ordinance, a	5959
misdemeanor of the second degree or a substantially equivalent	5960
municipal ordinance, or any offense for which points are	5961
chargeable pursuant to section 4510.036 of the Revised Code.	5962

(E) In addition to the authority granted under division (A)	5963
or (B) of this section:	5964

(1) A sheriff or deputy sheriff may arrest and detain, until	5965
a warrant can be obtained, any person found violating section	5966
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	5967
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	5968
portion of any street or highway that is located immediately	5969
adjacent to the boundaries of the county in which the sheriff or	5970
deputy sheriff is elected or appointed.	5971

(2) A member of the police force of a township police	5972
district created under section 505.48 of the Revised Code, a	5973
member of the police force of a joint township police district	5974
created under section 505.481 of the Revised Code, or a township	5975
constable appointed in accordance with section 509.01 of the	5976
Revised Code, who has received a certificate from the Ohio peace	5977
officer training commission under section 109.75 of the Revised	5978
Code, may arrest and detain, until a warrant can be obtained, any	5979
person found violating any section or chapter of the Revised Code	5980
listed in division (E)(1) of this section, other than sections	5981
4513.33 and 4513.34 of the Revised Code, on the portion of any	5982
street or highway that is located immediately adjacent to the	5983
boundaries of the township police district or joint township	5984
police district, in the case of a member of a township police	5985
district or joint township police district police force, or the	5986
unincorporated territory of the township, in the case of a	5987
township constable. However, if the population of the township	5988
that created the township police district served by the member's	5989
police force, or the townships that created the joint township	5990
police district served by the member's police force, or the	5991
township that is served by the township constable, is sixty	5992
thousand or less, the member of the township police district or	5993
joint police district police force or the township constable may	5994
not make an arrest under division (E)(2) of this section on a	5995
state highway that is included as part of the interstate system.	5996

(3) A police officer or village marshal appointed, elected,	5997
or employed by a municipal corporation may arrest and detain,	5998
until a warrant can be obtained, any person found violating any	5999
section or chapter of the Revised Code listed in division (E)(1)	6000
of this section on the portion of any street or highway that is	6001
located immediately adjacent to the boundaries of the municipal	6002
corporation in which the police officer or village marshal is	6003
appointed, elected, or employed.	6004

(4) A peace officer of the department of natural resources, a	6005
state fire marshal law enforcement officer described in division	6006
(A)(23) of section 109.71 of the Revised Code, or an individual	6007
designated to perform law enforcement duties under section	6008
511.232, 1545.13, or 6101.75 of the Revised Code may arrest and	6009
detain, until a warrant can be obtained, any person found	6010
violating any section or chapter of the Revised Code listed in	6011
division (E)(1) of this section, other than sections 4513.33 and	6012
4513.34 of the Revised Code, on the portion of any street or	6013
highway that is located immediately adjacent to the boundaries of	6014
the lands and waters that constitute the territorial jurisdiction	6015
of the peace officer or state fire marshal law enforcement	6016
officer.	6017

(F)(1) A department of mental health special police officer	6018
or a department of ~~mental retardation and~~ developmental	6019
disabilities special police officer may arrest without a warrant	6020
and detain until a warrant can be obtained any person found	6021
committing on the premises of any institution under the	6022
jurisdiction of the particular department a misdemeanor under a	6023
law of the state.	6024

A department of mental health special police officer or a	6025
department of ~~mental retardation and~~ developmental disabilities	6026
special police officer may arrest without a warrant and detain	6027
until a warrant can be obtained any person who has been	6028
hospitalized, institutionalized, or confined in an institution	6029
under the jurisdiction of the particular department pursuant to or	6030
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	6031
2945.40, 2945.401, or 2945.402 of the Revised Code and who is	6032
found committing on the premises of any institution under the	6033
jurisdiction of the particular department a violation of section	6034
2921.34 of the Revised Code that involves an escape from the	6035
premises of the institution.	6036

(2)(a) If a department of mental health special police	6037
officer or a department of ~~mental retardation and~~ developmental	6038
disabilities special police officer finds any person who has been	6039
hospitalized, institutionalized, or confined in an institution	6040
under the jurisdiction of the particular department pursuant to or	6041
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	6042
2945.40, 2945.401, or 2945.402 of the Revised Code committing a	6043
violation of section 2921.34 of the Revised Code that involves an	6044
escape from the premises of the institution, or if there is	6045
reasonable ground to believe that a violation of section 2921.34	6046
of the Revised Code has been committed that involves an escape	6047
from the premises of an institution under the jurisdiction of the	6048
department of mental health or the department of ~~mental~~	6049
~~retardation and~~ developmental disabilities and if a department of	6050
mental health special police officer or a department of ~~mental~~	6051
~~retardation and~~ developmental disabilities special police officer	6052
has reasonable cause to believe that a particular person who has	6053
been hospitalized, institutionalized, or confined in the	6054
institution pursuant to or under authority of section 2945.37,	6055
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	6056
Revised Code is guilty of the violation, the special police	6057
officer, outside of the premises of the institution, may pursue,	6058
arrest, and detain that person for that violation of section	6059
2921.34 of the Revised Code, until a warrant can be obtained, if	6060
both of the following apply:	6061

(i) The pursuit takes place without unreasonable delay after	6062
the offense is committed;	6063

(ii) The pursuit is initiated within the premises of the	6064
institution from which the violation of section 2921.34 of the	6065
Revised Code occurred.	6066

(b) For purposes of division (F)(2)(a) of this section, the	6067
execution of a written statement by the administrator of the	6068
institution in which a person had been hospitalized,	6069
institutionalized, or confined pursuant to or under authority of	6070
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	6071
2945.402 of the Revised Code alleging that the person has escaped	6072
from the premises of the institution in violation of section	6073
2921.34 of the Revised Code constitutes reasonable ground to	6074
believe that the violation was committed and reasonable cause to	6075
believe that the person alleged in the statement to have committed	6076
the offense is guilty of the violation.	6077

(G) As used in this section:

6078

(1) A "department of mental health special police officer"	6079
means a special police officer of the department of mental health	6080
designated under section 5119.14 of the Revised Code who is	6081
certified by the Ohio peace officer training commission under	6082
section 109.77 of the Revised Code as having successfully	6083
completed an approved peace officer basic training program.	6084

(2) A "department of ~~mental retardation and~~ developmental	6085
disabilities special police officer" means a special police	6086
officer of the department of ~~mental retardation and~~ developmental	6087
disabilities designated under section 5123.13 of the Revised Code	6088
who is certified by the Ohio peace officer training council under	6089
section 109.77 of the Revised Code as having successfully	6090
completed an approved peace officer basic training program.	6091

(3) "Deadly weapon" has the same meaning as in section	6092
2923.11 of the Revised Code.	6093

(4) "Family or household member" has the same meaning as in	6094
section 2919.25 of the Revised Code.	6095

(5) "Street" or "highway" has the same meaning as in section	6096
4511.01 of the Revised Code.	6097

(6) "Interstate system" has the same meaning as in section	6098
5516.01 of the Revised Code.	6099

(7) "Peace officer of the department of natural resources"	6100
means an employee of the department of natural resources who is a	6101
natural resources law enforcement staff officer designated	6102
pursuant to section 1501.013 of the Revised Code, a forest officer	6103
designated pursuant to section 1503.29 of the Revised Code, a	6104
preserve officer designated pursuant to section 1517.10 of the	6105
Revised Code, a wildlife officer designated pursuant to section	6106
1531.13 of the Revised Code, a park officer designated pursuant to	6107
section 1541.10 of the Revised Code, or a state watercraft officer	6108
designated pursuant to section 1547.521 of the Revised Code.	6109

(8) "Portion of any street or highway" means all lanes of the	6110
street or highway irrespective of direction of travel, including	6111
designated turn lanes, and any berm, median, or shoulder.	6112

Sec. 2945.37. (A) As used in sections 2945.37 to 2945.402 of	6113
the Revised Code:	6114

(1) "Prosecutor" means a prosecuting attorney or a city	6115
director of law, village solicitor, or similar chief legal officer	6116
of a municipal corporation who has authority to prosecute a	6117
criminal case that is before the court or the criminal case in	6118
which a defendant in a criminal case has been found incompetent to	6119
stand trial or not guilty by reason of insanity.	6120

(2) "Examiner" means either of the following:

6121

(a) A psychiatrist or a licensed clinical psychologist who	6122
satisfies the criteria of division (I)(1) of section 5122.01 of	6123
the Revised Code or is employed by a certified forensic center	6124
designated by the department of mental health to conduct	6125
examinations or evaluations.	6126

(b) For purposes of a separate mental retardation evaluation	6127
that is ordered by a court pursuant to division (H) of section	6128
2945.371 of the Revised Code, a psychologist designated by the	6129
director of ~~mental retardation and~~ developmental disabilities	6130
pursuant to that section to conduct that separate mental	6131
retardation evaluation.	6132

(3) "Nonsecured status" means any unsupervised, off-grounds	6133
movement or trial visit from a hospital or institution, or any	6134
conditional release, that is granted to a person who is found	6135
incompetent to stand trial and is committed pursuant to section	6136
2945.39 of the Revised Code or to a person who is found not guilty	6137
by reason of insanity and is committed pursuant to section 2945.40	6138
of the Revised Code.	6139

(4) "Unsupervised, off-grounds movement" includes only	6140
off-grounds privileges that are unsupervised and that have an	6141
expectation of return to the hospital or institution on a daily	6142
basis.	6143

(5) "Trial visit" means a patient privilege of a longer	6144
stated duration of unsupervised community contact with an	6145
expectation of return to the hospital or institution at designated	6146
times.	6147

(6) "Conditional release" means a commitment status under	6148
which the trial court at any time may revoke a person's	6149
conditional release and order the rehospitalization or	6150
reinstitutionalization of the person as described in division (A)	6151
of section 2945.402 of the Revised Code and pursuant to which a	6152
person who is found incompetent to stand trial or a person who is	6153
found not guilty by reason of insanity lives and receives	6154
treatment in the community for a period of time that does not	6155
exceed the maximum prison term or term of imprisonment that the	6156
person could have received for the offense in question had the	6157
person been convicted of the offense instead of being found	6158
incompetent to stand trial on the charge of the offense or being	6159
found not guilty by reason of insanity relative to the offense.	6160

(7) "Licensed clinical psychologist," "mentally ill person	6161
subject to hospitalization by court order," and "psychiatrist"	6162
have the same meanings as in section 5122.01 of the Revised Code.	6163

(8) "Mentally retarded person subject to institutionalization	6164
by court order" has the same meaning as in section 5123.01 of the	6165
Revised Code.	6166

(B) In a criminal action in a court of common pleas, a county	6167
court, or a municipal court, the court, prosecutor, or defense may	6168
raise the issue of the defendant's competence to stand trial. If	6169
the issue is raised before the trial has commenced, the court	6170
shall hold a hearing on the issue as provided in this section. If	6171
the issue is raised after the trial has commenced, the court shall	6172
hold a hearing on the issue only for good cause shown or on the	6173
court's own motion.	6174

(C) The court shall conduct the hearing required or	6175
authorized under division (B) of this section within thirty days	6176
after the issue is raised, unless the defendant has been referred	6177
for evaluation in which case the court shall conduct the hearing	6178
within ten days after the filing of the report of the evaluation	6179
or, in the case of a defendant who is ordered by the court	6180
pursuant to division (H) of section 2945.371 of the Revised Code	6181
to undergo a separate mental retardation evaluation conducted by a	6182
psychologist designated by the director of ~~mental retardation and~~	6183
developmental disabilities, within ten days after the filing of	6184
the report of the separate mental retardation evaluation under	6185
that division. A hearing may be continued for good cause.	6186

(D) The defendant shall be represented by counsel at the	6187
hearing conducted under division (C) of this section. If the	6188
defendant is unable to obtain counsel, the court shall appoint	6189
counsel under Chapter 120. of the Revised Code or under the	6190
authority recognized in division (C) of section 120.06, division	6191
(E) of section 120.16, division (E) of section 120.26, or section	6192
2941.51 of the Revised Code before proceeding with the hearing.	6193

(E) The prosecutor and defense counsel may submit evidence on	6194
the issue of the defendant's competence to stand trial. A written	6195
report of the evaluation of the defendant may be admitted into	6196
evidence at the hearing by stipulation, but, if either the	6197
prosecution or defense objects to its admission, the report may be	6198
admitted under sections 2317.36 to 2317.38 of the Revised Code or	6199
any other applicable statute or rule.	6200

(F) The court shall not find a defendant incompetent to stand	6201
trial solely because the defendant is receiving or has received	6202
treatment as a voluntary or involuntary mentally ill patient under	6203
Chapter 5122. or a voluntary or involuntary mentally retarded	6204
resident under Chapter 5123. of the Revised Code or because the	6205
defendant is receiving or has received psychotropic drugs or other	6206
medication, even if the defendant might become incompetent to	6207
stand trial without the drugs or medication.	6208

(G) A defendant is presumed to be competent to stand trial.	6209
If, after a hearing, the court finds by a preponderance of the	6210
evidence that, because of the defendant's present mental	6211
condition, the defendant is incapable of understanding the nature	6212
and objective of the proceedings against the defendant or of	6213
assisting in the defendant's defense, the court shall find the	6214
defendant incompetent to stand trial and shall enter an order	6215
authorized by section 2945.38 of the Revised Code.	6216

(H) Municipal courts shall follow the procedures set forth in	6217
sections 2945.37 to 2945.402 of the Revised Code. Except as	6218
provided in section 2945.371 of the Revised Code, a municipal	6219
court shall not order an evaluation of the defendant's competence	6220
to stand trial or the defendant's mental condition at the time of	6221
the commission of the offense to be conducted at any hospital	6222
operated by the department of mental health. Those evaluations	6223
shall be performed through community resources including, but not	6224
limited to, certified forensic centers, court probation	6225
departments, and community mental health agencies. All expenses of	6226
the evaluations shall be borne by the legislative authority of the	6227
municipal court, as defined in section 1901.03 of the Revised	6228
Code, and shall be taxed as costs in the case. If a defendant is	6229
found incompetent to stand trial or not guilty by reason of	6230
insanity, a municipal court may commit the defendant as provided	6231
in sections 2945.38 to 2945.402 of the Revised Code.	6232

Sec. 2945.371. (A) If the issue of a defendant's competence	6233
to stand trial is raised or if a defendant enters a plea of not	6234
guilty by reason of insanity, the court may order one or more	6235
evaluations of the defendant's present mental condition or, in the	6236
case of a plea of not guilty by reason of insanity, of the	6237
defendant's mental condition at the time of the offense charged.	6238
An examiner shall conduct the evaluation.	6239

(B) If the court orders more than one evaluation under	6240
division (A) of this section, the prosecutor and the defendant may	6241
recommend to the court an examiner whom each prefers to perform	6242
one of the evaluations. If a defendant enters a plea of not guilty	6243
by reason of insanity and if the court does not designate an	6244
examiner recommended by the defendant, the court shall inform the	6245
defendant that the defendant may have independent expert	6246
evaluation and that, if the defendant is unable to obtain	6247
independent expert evaluation, it will be obtained for the	6248
defendant at public expense if the defendant is indigent.	6249

(C) If the court orders an evaluation under division (A) of	6250
this section, the defendant shall be available at the times and	6251
places established by the examiners who are to conduct the	6252
evaluation. The court may order a defendant who has been released	6253
on bail or recognizance to submit to an evaluation under this	6254
section. If a defendant who has been released on bail or	6255
recognizance refuses to submit to a complete evaluation, the court	6256
may amend the conditions of bail or recognizance and order the	6257
sheriff to take the defendant into custody and deliver the	6258
defendant to a center, program, or facility operated or certified	6259
by the department of mental health or the department of ~~mental~~	6260
~~retardation and~~ developmental disabilities where the defendant may	6261
be held for evaluation for a reasonable period of time not to	6262
exceed twenty days.	6263

(D) A defendant who has not been released on bail or	6264
recognizance may be evaluated at the defendant's place of	6265
detention. Upon the request of the examiner, the court may order	6266
the sheriff to transport the defendant to a program or facility	6267
operated by the department of mental health or the department of	6268
~~mental retardation and~~ developmental disabilities, where the	6269
defendant may be held for evaluation for a reasonable period of	6270
time not to exceed twenty days, and to return the defendant to the	6271
place of detention after the evaluation. A municipal court may	6272
make an order under this division only upon the request of a	6273
certified forensic center examiner.	6274

(E) If a court orders the evaluation to determine a	6275
defendant's mental condition at the time of the offense charged,	6276
the court shall inform the examiner of the offense with which the	6277
defendant is charged.	6278

(F) In conducting an evaluation of a defendant's mental	6279
condition at the time of the offense charged, the examiner shall	6280
consider all relevant evidence. If the offense charged involves	6281
the use of force against another person, the relevant evidence to	6282
be considered includes, but is not limited to, any evidence that	6283
the defendant suffered, at the time of the commission of the	6284
offense, from the "battered woman syndrome."	6285

(G) The examiner shall file a written report with the court	6286
within thirty days after entry of a court order for evaluation,	6287
and the court shall provide copies of the report to the prosecutor	6288
and defense counsel. The report shall include all of the	6289
following:	6290

(1) The examiner's findings;

6291

(2) The facts in reasonable detail on which the findings are	6292
based;	6293

(3) If the evaluation was ordered to determine the	6294
defendant's competence to stand trial, all of the following	6295
findings or recommendations that are applicable:	6296

(a) Whether the defendant is capable of understanding the	6297
nature and objective of the proceedings against the defendant or	6298
of assisting in the defendant's defense;	6299

(b) If the examiner's opinion is that the defendant is	6300
incapable of understanding the nature and objective of the	6301
proceedings against the defendant or of assisting in the	6302
defendant's defense, whether the defendant presently is mentally	6303
ill or mentally retarded and, if the examiner's opinion is that	6304
the defendant presently is mentally retarded, whether the	6305
defendant appears to be a mentally retarded person subject to	6306
institutionalization by court order;	6307

(c) If the examiner's opinion is that the defendant is	6308
incapable of understanding the nature and objective of the	6309
proceedings against the defendant or of assisting in the	6310
defendant's defense, the examiner's opinion as to the likelihood	6311
of the defendant becoming capable of understanding the nature and	6312
objective of the proceedings against the defendant and of	6313
assisting in the defendant's defense within one year if the	6314
defendant is provided with a course of treatment;	6315

(d) If the examiner's opinion is that the defendant is	6316
incapable of understanding the nature and objective of the	6317
proceedings against the defendant or of assisting in the	6318
defendant's defense and that the defendant presently is mentally	6319
ill or mentally retarded, the examiner's recommendation as to the	6320
least restrictive treatment alternative, consistent with the	6321
defendant's treatment needs for restoration to competency and with	6322
the safety of the community.	6323

(4) If the evaluation was ordered to determine the	6324
defendant's mental condition at the time of the offense charged,	6325
the examiner's findings as to whether the defendant, at the time	6326
of the offense charged, did not know, as a result of a severe	6327
mental disease or defect, the wrongfulness of the defendant's acts	6328
charged.	6329

(H) If the examiner's report filed under division (G) of this	6330
section indicates that in the examiner's opinion the defendant is	6331
incapable of understanding the nature and objective of the	6332
proceedings against the defendant or of assisting in the	6333
defendant's defense and that in the examiner's opinion the	6334
defendant appears to be a mentally retarded person subject to	6335
institutionalization by court order, the court shall order the	6336
defendant to undergo a separate mental retardation evaluation	6337
conducted by a psychologist designated by the director of ~~mental~~	6338
~~retardation and~~ developmental disabilities. Divisions (C) to (F)	6339
of this section apply in relation to a separate mental retardation	6340
evaluation conducted under this division. The psychologist	6341
appointed under this division to conduct the separate mental	6342
retardation evaluation shall file a written report with the court	6343
within thirty days after the entry of the court order requiring	6344
the separate mental retardation evaluation, and the court shall	6345
provide copies of the report to the prosecutor and defense	6346
counsel. The report shall include all of the information described	6347
in divisions (G)(1) to (4) of this section. If the court orders a	6348
separate mental retardation evaluation of a defendant under this	6349
division, the court shall not conduct a hearing under divisions	6350
(B) to (H) of section 2945.37 of the Revised Code regarding that	6351
defendant until a report of the separate mental retardation	6352
evaluation conducted under this division has been filed. Upon the	6353
filing of that report, the court shall conduct the hearing within	6354
the period of time specified in division (C) of section 2945.37 of	6355
the Revised Code.	6356

(I) An examiner appointed under divisions (A) and (B) of this	6357
section or under division (H) of this section to evaluate a	6358
defendant to determine the defendant's competence to stand trial	6359
also may be appointed to evaluate a defendant who has entered a	6360
plea of not guilty by reason of insanity, but an examiner of that	6361
nature shall prepare separate reports on the issue of competence	6362
to stand trial and the defense of not guilty by reason of	6363
insanity.	6364

(J) No statement that a defendant makes in an evaluation or	6365
hearing under divisions (A) to (H) of this section relating to the	6366
defendant's competence to stand trial or to the defendant's mental	6367
condition at the time of the offense charged shall be used against	6368
the defendant on the issue of guilt in any criminal action or	6369
proceeding, but, in a criminal action or proceeding, the	6370
prosecutor or defense counsel may call as a witness any person who	6371
evaluated the defendant or prepared a report pursuant to a	6372
referral under this section. Neither the appointment nor the	6373
testimony of an examiner appointed under this section precludes	6374
the prosecutor or defense counsel from calling other witnesses or	6375
presenting other evidence on competency or insanity issues.	6376

(K) Persons appointed as examiners under divisions (A) and	6377
(B) of this section or under division (H) of this section shall be	6378
paid a reasonable amount for their services and expenses, as	6379
certified by the court. The certified amount shall be paid by the	6380
county in the case of county courts and courts of common pleas and	6381
by the legislative authority, as defined in section 1901.03 of the	6382
Revised Code, in the case of municipal courts.	6383

Sec. 2945.38. (A) If the issue of a defendant's competence	6384
to stand trial is raised and if the court, upon conducting the	6385
hearing provided for in section 2945.37 of the Revised Code, finds	6386
that the defendant is competent to stand trial, the defendant	6387
shall be proceeded against as provided by law. If the court finds	6388
the defendant competent to stand trial and the defendant is	6389
receiving psychotropic drugs or other medication, the court may	6390
authorize the continued administration of the drugs or medication	6391
or other appropriate treatment in order to maintain the	6392
defendant's competence to stand trial, unless the defendant's	6393
attending physician advises the court against continuation of the	6394
drugs, other medication, or treatment.	6395

(B)(1)(a) If, after taking into consideration all relevant	6396
reports, information, and other evidence, the court finds that the	6397
defendant is incompetent to stand trial and that there is a	6398
substantial probability that the defendant will become competent	6399
to stand trial within one year if the defendant is provided with a	6400
course of treatment, the court shall order the defendant to	6401
undergo treatment. If the defendant has been charged with a felony	6402
offense and if, after taking into consideration all relevant	6403
reports, information, and other evidence, the court finds that the	6404
defendant is incompetent to stand trial, but the court is unable	6405
at that time to determine whether there is a substantial	6406
probability that the defendant will become competent to stand	6407
trial within one year if the defendant is provided with a course	6408
of treatment, the court shall order continuing evaluation and	6409
treatment of the defendant for a period not to exceed four months	6410
to determine whether there is a substantial probability that the	6411
defendant will become competent to stand trial within one year if	6412
the defendant is provided with a course of treatment.	6413

(b) The court order for the defendant to undergo treatment or	6414
continuing evaluation and treatment under division (B)(1)(a) of	6415
this section shall specify that the treatment or continuing	6416
evaluation and treatment shall occur at a facility operated by the	6417
department of mental health or the department of ~~mental~~	6418
~~retardation and~~ developmental disabilities, at a facility	6419
certified by either of those departments as being qualified to	6420
treat mental illness or mental retardation, at a public or private	6421
community mental health or mental retardation facility, or by a	6422
psychiatrist or another mental health or mental retardation	6423
professional. The order may restrict the defendant's freedom of	6424
movement as the court considers necessary. The prosecutor in the	6425
defendant's case shall send to the chief clinical officer of the	6426
hospital or facility, the managing officer of the institution, the	6427
director of the program, or the person to which the defendant is	6428
committed copies of relevant police reports and other background	6429
information that pertains to the defendant and is available to the	6430
prosecutor unless the prosecutor determines that the release of	6431
any of the information in the police reports or any of the other	6432
background information to unauthorized persons would interfere	6433
with the effective prosecution of any person or would create a	6434
substantial risk of harm to any person.	6435

In determining placement alternatives, the court shall	6436
consider the extent to which the person is a danger to the person	6437
and to others, the need for security, and the type of crime	6438
involved and shall order the least restrictive alternative	6439
available that is consistent with public safety and treatment	6440
goals. In weighing these factors, the court shall give preference	6441
to protecting public safety.	6442

(c) If the defendant is found incompetent to stand trial, if	6443
the chief clinical officer of the hospital or facility, the	6444
managing officer of the institution, the director of the program,	6445
or the person to which the defendant is committed for treatment or	6446
continuing evaluation and treatment under division (B)(1)(b) of	6447
this section determines that medication is necessary to restore	6448
the defendant's competency to stand trial, and if the defendant	6449
lacks the capacity to give informed consent or refuses medication,	6450
the chief clinical officer, managing officer, director, or person	6451
to which the defendant is committed for treatment or continuing	6452
evaluation and treatment may petition the court for authorization	6453
for the involuntary administration of medication. The court shall	6454
hold a hearing on the petition within five days of the filing of	6455
the petition if the petition was filed in a municipal court or a	6456
county court regarding an incompetent defendant charged with a	6457
misdemeanor or within ten days of the filing of the petition if	6458
the petition was filed in a court of common pleas regarding an	6459
incompetent defendant charged with a felony offense. Following the	6460
hearing, the court may authorize the involuntary administration of	6461
medication or may dismiss the petition.	6462

(2) If the court finds that the defendant is incompetent to	6463
stand trial and that, even if the defendant is provided with a	6464
course of treatment, there is not a substantial probability that	6465
the defendant will become competent to stand trial within one	6466
year, the court shall order the discharge of the defendant, unless	6467
upon motion of the prosecutor or on its own motion, the court	6468
either seeks to retain jurisdiction over the defendant pursuant to	6469
section 2945.39 of the Revised Code or files an affidavit in the	6470
probate court for the civil commitment of the defendant pursuant	6471
to Chapter 5122. or 5123. of the Revised Code alleging that the	6472
defendant is a mentally ill person subject to hospitalization by	6473
court order or a mentally retarded person subject to	6474
institutionalization by court order. If an affidavit is filed in	6475
the probate court, the trial court shall send to the probate court	6476
copies of all written reports of the defendant's mental condition	6477
that were prepared pursuant to section 2945.371 of the Revised	6478
Code.	6479

The trial court may issue the temporary order of detention	6480
that a probate court may issue under section 5122.11 or 5123.71 of	6481
the Revised Code, to remain in effect until the probable cause or	6482
initial hearing in the probate court. Further proceedings in the	6483
probate court are civil proceedings governed by Chapter 5122. or	6484
5123. of the Revised Code.	6485

(C) No defendant shall be required to undergo treatment,	6486
including any continuing evaluation and treatment, under division	6487
(B)(1) of this section for longer than whichever of the following	6488
periods is applicable:	6489

(1) One year, if the most serious offense with which the	6490
defendant is charged is one of the following offenses:	6491

(a) Aggravated murder, murder, or an offense of violence for	6492
which a sentence of death or life imprisonment may be imposed;	6493

(b) An offense of violence that is a felony of the first or	6494
second degree;	6495

(c) A conspiracy to commit, an attempt to commit, or	6496
complicity in the commission of an offense described in division	6497
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	6498
complicity is a felony of the first or second degree.	6499

(2) Six months, if the most serious offense with which the	6500
defendant is charged is a felony other than a felony described in	6501
division (C)(1) of this section;	6502

(3) Sixty days, if the most serious offense with which the	6503
defendant is charged is a misdemeanor of the first or second	6504
degree;	6505

(4) Thirty days, if the most serious offense with which the	6506
defendant is charged is a misdemeanor of the third or fourth	6507
degree, a minor misdemeanor, or an unclassified misdemeanor.	6508

(D) Any defendant who is committed pursuant to this section	6509
shall not voluntarily admit the defendant or be voluntarily	6510
admitted to a hospital or institution pursuant to section 5122.02,	6511
5122.15, 5123.69, or 5123.76 of the Revised Code.	6512

(E) Except as otherwise provided in this division, a	6513
defendant who is charged with an offense and is committed to a	6514
hospital or other institution by the court under this section	6515
shall not be granted unsupervised on-grounds movement, supervised	6516
off-grounds movement, or nonsecured status. The court may grant a	6517
defendant supervised off-grounds movement to obtain medical	6518
treatment or specialized habilitation treatment services if the	6519
person who supervises the treatment or the continuing evaluation	6520
and treatment of the defendant ordered under division (B)(1)(a) of	6521
this section informs the court that the treatment or continuing	6522
evaluation and treatment cannot be provided at the hospital or the	6523
institution to which the defendant is committed. The chief	6524
clinical officer of the hospital or the managing officer of the	6525
institution to which the defendant is committed or a designee of	6526
either of those persons may grant a defendant movement to a	6527
medical facility for an emergency medical situation with	6528
appropriate supervision to ensure the safety of the defendant,	6529
staff, and community during that emergency medical situation. The	6530
chief clinical officer of the hospital or the managing officer of	6531
the institution shall notify the court within twenty-four hours of	6532
the defendant's movement to the medical facility for an emergency	6533
medical situation under this division.	6534

(F) The person who supervises the treatment or continuing	6535
evaluation and treatment of a defendant ordered to undergo	6536
treatment or continuing evaluation and treatment under division	6537
(B)(1)(a) of this section shall file a written report with the	6538
court at the following times:	6539

(1) Whenever the person believes the defendant is capable of	6540
understanding the nature and objective of the proceedings against	6541
the defendant and of assisting in the defendant's defense;	6542

(2) For a felony offense, fourteen days before expiration of	6543
the maximum time for treatment as specified in division (C) of	6544
this section and fourteen days before the expiration of the	6545
maximum time for continuing evaluation and treatment as specified	6546
in division (B)(1)(a) of this section, and, for a misdemeanor	6547
offense, ten days before the expiration of the maximum time for	6548
treatment, as specified in division (C) of this section;	6549

(3) At a minimum, after each six months of treatment;

6550

(4) Whenever the person who supervises the treatment or	6551
continuing evaluation and treatment of a defendant ordered under	6552
division (B)(1)(a) of this section believes that there is not a	6553
substantial probability that the defendant will become capable of	6554
understanding the nature and objective of the proceedings against	6555
the defendant or of assisting in the defendant's defense even if	6556
the defendant is provided with a course of treatment.	6557

(G) A report under division (F) of this section shall contain	6558
the examiner's findings, the facts in reasonable detail on which	6559
the findings are based, and the examiner's opinion as to the	6560
defendant's capability of understanding the nature and objective	6561
of the proceedings against the defendant and of assisting in the	6562
defendant's defense. If, in the examiner's opinion, the defendant	6563
remains incapable of understanding the nature and objective of the	6564
proceedings against the defendant and of assisting in the	6565
defendant's defense and there is a substantial probability that	6566
the defendant will become capable of understanding the nature and	6567
objective of the proceedings against the defendant and of	6568
assisting in the defendant's defense if the defendant is provided	6569
with a course of treatment, if in the examiner's opinion the	6570
defendant remains mentally ill or mentally retarded, and if the	6571
maximum time for treatment as specified in division (C) of this	6572
section has not expired, the report also shall contain the	6573
examiner's recommendation as to the least restrictive treatment	6574
alternative that is consistent with the defendant's treatment	6575
needs for restoration to competency and with the safety of the	6576
community. The court shall provide copies of the report to the	6577
prosecutor and defense counsel.	6578

(H) If a defendant is committed pursuant to division (B)(1)	6579
of this section, within ten days after the treating physician of	6580
the defendant or the examiner of the defendant who is employed or	6581
retained by the treating facility advises that there is not a	6582
substantial probability that the defendant will become capable of	6583
understanding the nature and objective of the proceedings against	6584
the defendant or of assisting in the defendant's defense even if	6585
the defendant is provided with a course of treatment, within ten	6586
days after the expiration of the maximum time for treatment as	6587
specified in division (C) of this section, within ten days after	6588
the expiration of the maximum time for continuing evaluation and	6589
treatment as specified in division (B)(1)(a) of this section,	6590
within thirty days after a defendant's request for a hearing that	6591
is made after six months of treatment, or within thirty days after	6592
being advised by the treating physician or examiner that the	6593
defendant is competent to stand trial, whichever is the earliest,	6594
the court shall conduct another hearing to determine if the	6595
defendant is competent to stand trial and shall do whichever of	6596
the following is applicable:	6597

(1) If the court finds that the defendant is competent to	6598
stand trial, the defendant shall be proceeded against as provided	6599
by law.	6600

(2) If the court finds that the defendant is incompetent to	6601
stand trial, but that there is a substantial probability that the	6602
defendant will become competent to stand trial if the defendant is	6603
provided with a course of treatment, and the maximum time for	6604
treatment as specified in division (C) of this section has not	6605
expired, the court, after consideration of the examiner's	6606
recommendation, shall order that treatment be continued, may	6607
change the facility or program at which the treatment is to be	6608
continued, and shall specify whether the treatment is to be	6609
continued at the same or a different facility or program.	6610

(3) If the court finds that the defendant is incompetent to	6611
stand trial, if the defendant is charged with an offense listed in	6612
division (C)(1) of this section, and if the court finds that there	6613
is not a substantial probability that the defendant will become	6614
competent to stand trial even if the defendant is provided with a	6615
course of treatment, or if the maximum time for treatment relative	6616
to that offense as specified in division (C) of this section has	6617
expired, further proceedings shall be as provided in sections	6618
2945.39, 2945.401, and 2945.402 of the Revised Code.	6619

(4) If the court finds that the defendant is incompetent to	6620
stand trial, if the most serious offense with which the defendant	6621
is charged is a misdemeanor or a felony other than a felony listed	6622
in division (C)(1) of this section, and if the court finds that	6623
there is not a substantial probability that the defendant will	6624
become competent to stand trial even if the defendant is provided	6625
with a course of treatment, or if the maximum time for treatment	6626
relative to that offense as specified in division (C) of this	6627
section has expired, the court shall dismiss the indictment,	6628
information, or complaint against the defendant. A dismissal under	6629
this division is not a bar to further prosecution based on the	6630
same conduct. The court shall discharge the defendant unless the	6631
court or prosecutor files an affidavit in probate court for civil	6632
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	6633
If an affidavit for civil commitment is filed, the court may	6634
detain the defendant for ten days pending civil commitment. All of	6635
the following provisions apply to persons charged with a	6636
misdemeanor or a felony other than a felony listed in division	6637
(C)(1) of this section who are committed by the probate court	6638
subsequent to the court's or prosecutor's filing of an affidavit	6639
for civil commitment under authority of this division:	6640

(a) The chief clinical officer of the hospital or facility,	6641
the managing officer of the institution, the director of the	6642
program, or the person to which the defendant is committed or	6643
admitted shall do all of the following:	6644

(i) Notify the prosecutor, in writing, of the discharge of	6645
the defendant, send the notice at least ten days prior to the	6646
discharge unless the discharge is by the probate court, and state	6647
in the notice the date on which the defendant will be discharged;	6648

(ii) Notify the prosecutor, in writing, when the defendant is	6649
absent without leave or is granted unsupervised, off-grounds	6650
movement, and send this notice promptly after the discovery of the	6651
absence without leave or prior to the granting of the	6652
unsupervised, off-grounds movement, whichever is applicable;	6653

(iii) Notify the prosecutor, in writing, of the change of the	6654
defendant's commitment or admission to voluntary status, send the	6655
notice promptly upon learning of the change to voluntary status,	6656
and state in the notice the date on which the defendant was	6657
committed or admitted on a voluntary status.	6658

(b) Upon receiving notice that the defendant will be granted	6659
unsupervised, off-grounds movement, the prosecutor either shall	6660
re-indict the defendant or promptly notify the court that the	6661
prosecutor does not intend to prosecute the charges against the	6662
defendant.	6663

(I) If a defendant is convicted of a crime and sentenced to a	6664
jail or workhouse, the defendant's sentence shall be reduced by	6665
the total number of days the defendant is confined for evaluation	6666
to determine the defendant's competence to stand trial or	6667
treatment under this section and sections 2945.37 and 2945.371 of	6668
the Revised Code or by the total number of days the defendant is	6669
confined for evaluation to determine the defendant's mental	6670
condition at the time of the offense charged.	6671

Sec. 2945.39. (A) If a defendant who is charged with an	6672
offense described in division (C)(1) of section 2945.38 of the	6673
Revised Code is found incompetent to stand trial, after the	6674
expiration of the maximum time for treatment as specified in	6675
division (C) of that section or after the court finds that there	6676
is not a substantial probability that the defendant will become	6677
competent to stand trial even if the defendant is provided with a	6678
course of treatment, one of the following applies:	6679

(1) The court or the prosecutor may file an affidavit in	6680
probate court for civil commitment of the defendant in the manner	6681
provided in Chapter 5122. or 5123. of the Revised Code. If the	6682
court or prosecutor files an affidavit for civil commitment, the	6683
court may detain the defendant for ten days pending civil	6684
commitment. If the probate court commits the defendant subsequent	6685
to the court's or prosecutor's filing of an affidavit for civil	6686
commitment, the chief clinical officer of the hospital or	6687
facility, the managing officer of the institution, the director of	6688
the program, or the person to which the defendant is committed or	6689
admitted shall send to the prosecutor the notices described in	6690
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised	6691
Code within the periods of time and under the circumstances	6692
specified in those divisions.	6693

(2) On the motion of the prosecutor or on its own motion, the	6694
court may retain jurisdiction over the defendant if, at a hearing,	6695
the court finds both of the following by clear and convincing	6696
evidence:	6697

(a) The defendant committed the offense with which the	6698
defendant is charged.	6699

(b) The defendant is a mentally ill person subject to	6700
hospitalization by court order or a mentally retarded person	6701
subject to institutionalization by court order.	6702

(B) In making its determination under division (A)(2) of this	6703
section as to whether to retain jurisdiction over the defendant,	6704
the court may consider all relevant evidence, including, but not	6705
limited to, any relevant psychiatric, psychological, or medical	6706
testimony or reports, the acts constituting the offense charged,	6707
and any history of the defendant that is relevant to the	6708
defendant's ability to conform to the law.	6709

(C) If the court conducts a hearing as described in division	6710
(A)(2) of this section and if the court does not make both	6711
findings described in divisions (A)(2)(a) and (b) of this section	6712
by clear and convincing evidence, the court shall dismiss the	6713
indictment, information, or complaint against the defendant. Upon	6714
the dismissal, the court shall discharge the defendant unless the	6715
court or prosecutor files an affidavit in probate court for civil	6716
commitment of the defendant pursuant to Chapter 5122. or 5123. of	6717
the Revised Code. If the court or prosecutor files an affidavit	6718
for civil commitment, the court may order that the defendant be	6719
detained for up to ten days pending the civil commitment. If the	6720
probate court commits the defendant subsequent to the court's or	6721
prosecutor's filing of an affidavit for civil commitment, the	6722
chief clinical officer of the hospital or facility, the managing	6723
officer of the institution, the director of the program, or the	6724
person to which the defendant is committed or admitted shall send	6725
to the prosecutor the notices described in divisions (H)(4)(a)(i)	6726
to (iii) of section 2945.38 of the Revised Code within the periods	6727
of time and under the circumstances specified in those divisions.	6728
A dismissal of charges under this division is not a bar to further	6729
criminal proceedings based on the same conduct.	6730

(D)(1) If the court conducts a hearing as described in	6731
division (A)(2) of this section and if the court makes the	6732
findings described in divisions (A)(2)(a) and (b) of this section	6733
by clear and convincing evidence, the court shall commit the	6734
defendant to a hospital operated by the department of mental	6735
health, a facility operated by the department of ~~mental~~	6736
~~retardation and~~ developmental disabilities, or another medical or	6737
psychiatric facility, as appropriate. In determining the place and	6738
nature of the commitment, the court shall order the least	6739
restrictive commitment alternative available that is consistent	6740
with public safety and the welfare of the defendant. In weighing	6741
these factors, the court shall give preference to protecting	6742
public safety.	6743

(2) If a court makes a commitment of a defendant under	6744
division (D)(1) of this section, the prosecutor shall send to the	6745
place of commitment all reports of the defendant's current mental	6746
condition and, except as otherwise provided in this division, any	6747
other relevant information, including, but not limited to, a	6748
transcript of the hearing held pursuant to division (A)(2) of this	6749
section, copies of relevant police reports, and copies of any	6750
prior arrest and conviction records that pertain to the defendant	6751
and that the prosecutor possesses. The prosecutor shall send the	6752
reports of the defendant's current mental condition in every case	6753
of commitment, and, unless the prosecutor determines that the	6754
release of any of the other relevant information to unauthorized	6755
persons would interfere with the effective prosecution of any	6756
person or would create a substantial risk of harm to any person,	6757
the prosecutor also shall send the other relevant information.	6758
Upon admission of a defendant committed under division (D)(1) of	6759
this section, the place of commitment shall send to the board of	6760
alcohol, drug addiction, and mental health services or the	6761
community mental health board serving the county in which the	6762
charges against the defendant were filed a copy of all reports of	6763
the defendant's current mental condition and a copy of the other	6764
relevant information provided by the prosecutor under this	6765
division, including, if provided, a transcript of the hearing held	6766
pursuant to division (A)(2) of this section, the relevant police	6767
reports, and the prior arrest and conviction records that pertain	6768
to the defendant and that the prosecutor possesses.	6769

(3) If a court makes a commitment under division (D)(1) of	6770
this section, all further proceedings shall be in accordance with	6771
sections 2945.401 and 2945.402 of the Revised Code.	6772

Sec. 2945.40. (A) If a person is found not guilty by reason	6773
of insanity, the verdict shall state that finding, and the trial	6774
court shall conduct a full hearing to determine whether the person	6775
is a mentally ill person subject to hospitalization by court order	6776
or a mentally retarded person subject to institutionalization by	6777
court order. Prior to the hearing, if the trial judge believes	6778
that there is probable cause that the person found not guilty by	6779
reason of insanity is a mentally ill person subject to	6780
hospitalization by court order or mentally retarded person subject	6781
to institutionalization by court order, the trial judge may issue	6782
a temporary order of detention for that person to remain in effect	6783
for ten court days or until the hearing, whichever occurs first.	6784

Any person detained pursuant to a temporary order of	6785
detention issued under this division shall be held in a suitable	6786
facility, taking into consideration the place and type of	6787
confinement prior to and during trial.	6788

(B) The court shall hold the hearing under division (A) of	6789
this section to determine whether the person found not guilty by	6790
reason of insanity is a mentally ill person subject to	6791
hospitalization by court order or a mentally retarded person	6792
subject to institutionalization by court order within ten court	6793
days after the finding of not guilty by reason of insanity.	6794
Failure to conduct the hearing within the ten-day period shall	6795
cause the immediate discharge of the respondent, unless the judge	6796
grants a continuance for not longer than ten court days for good	6797
cause shown or for any period of time upon motion of the	6798
respondent.	6799

(C) If a person is found not guilty by reason of insanity,	6800
the person has the right to attend all hearings conducted pursuant	6801
to sections 2945.37 to 2945.402 of the Revised Code. At any	6802
hearing conducted pursuant to one of those sections, the court	6803
shall inform the person that the person has all of the following	6804
rights:	6805

(1) The right to be represented by counsel and to have that	6806
counsel provided at public expense if the person is indigent, with	6807
the counsel to be appointed by the court under Chapter 120. of the	6808
Revised Code or under the authority recognized in division (C) of	6809
section 120.06, division (E) of section 120.16, division (E) of	6810
section 120.26, or section 2941.51 of the Revised Code;	6811

(2) The right to have independent expert evaluation and to	6812
have that independent expert evaluation provided at public expense	6813
if the person is indigent;	6814

(3) The right to subpoena witnesses and documents, to present	6815
evidence on the person's behalf, and to cross-examine witnesses	6816
against the person;	6817

(4) The right to testify in the person's own behalf and to	6818
not be compelled to testify;	6819

(5) The right to have copies of any relevant medical or	6820
mental health document in the custody of the state or of any place	6821
of commitment other than a document for which the court finds that	6822
the release to the person of information contained in the document	6823
would create a substantial risk of harm to any person.	6824

(D) The hearing under division (A) of this section shall be	6825
open to the public, and the court shall conduct the hearing in	6826
accordance with the Rules of Civil Procedure. The court shall make	6827
and maintain a full transcript and record of the hearing	6828
proceedings. The court may consider all relevant evidence,	6829
including, but not limited to, any relevant psychiatric,	6830
psychological, or medical testimony or reports, the acts	6831
constituting the offense in relation to which the person was found	6832
not guilty by reason of insanity, and any history of the person	6833
that is relevant to the person's ability to conform to the law.	6834

(E) Upon completion of the hearing under division (A) of this	6835
section, if the court finds there is not clear and convincing	6836
evidence that the person is a mentally ill person subject to	6837
hospitalization by court order or a mentally retarded person	6838
subject to institutionalization by court order, the court shall	6839
discharge the person, unless a detainer has been placed upon the	6840
person by the department of rehabilitation and correction, in	6841
which case the person shall be returned to that department.	6842

(F) If, at the hearing under division (A) of this section,	6843
the court finds by clear and convincing evidence that the person	6844
is a mentally ill person subject to hospitalization by court order	6845
or a mentally retarded person subject to institutionalization by	6846
court order, it shall commit the person to a hospital operated by	6847
the department of mental health, a facility operated by the	6848
department of ~~mental retardation and~~ developmental disabilities,	6849
or another medical or psychiatric facility, as appropriate, and	6850
further proceedings shall be in accordance with sections 2945.401	6851
and 2945.402 of the Revised Code. In determining the place and	6852
nature of the commitment, the court shall order the least	6853
restrictive commitment alternative available that is consistent	6854
with public safety and the welfare of the person. In weighing	6855
these factors, the court shall give preference to protecting	6856
public safety.	6857

(G) If a court makes a commitment of a person under division	6858
(F) of this section, the prosecutor shall send to the place of	6859
commitment all reports of the person's current mental condition,	6860
and, except as otherwise provided in this division, any other	6861
relevant information, including, but not limited to, a transcript	6862
of the hearing held pursuant to division (A) of this section,	6863
copies of relevant police reports, and copies of any prior arrest	6864
and conviction records that pertain to the person and that the	6865
prosecutor possesses. The prosecutor shall send the reports of the	6866
person's current mental condition in every case of commitment,	6867
and, unless the prosecutor determines that the release of any of	6868
the other relevant information to unauthorized persons would	6869
interfere with the effective prosecution of any person or would	6870
create a substantial risk of harm to any person, the prosecutor	6871
also shall send the other relevant information. Upon admission of	6872
a person committed under division (F) of this section, the place	6873
of commitment shall send to the board of alcohol, drug addiction,	6874
and mental health services or the community mental health board	6875
serving the county in which the charges against the person were	6876
filed a copy of all reports of the person's current mental	6877
condition and a copy of the other relevant information provided by	6878
the prosecutor under this division, including, if provided, a	6879
transcript of the hearing held pursuant to division (A) of this	6880
section, the relevant police reports, and the prior arrest and	6881
conviction records that pertain to the person and that the	6882
prosecutor possesses.	6883

(H) A person who is committed pursuant to this section shall	6884
not voluntarily admit the person or be voluntarily admitted to a	6885
hospital or institution pursuant to ~~sections~~section 5122.02,	6886
5122.15, 5123.69, or 5123.76 of the Revised Code.	6887

Sec. 2945.401. (A) A defendant found incompetent to stand	6888
trial and committed pursuant to section 2945.39 of the Revised	6889
Code or a person found not guilty by reason of insanity and	6890
committed pursuant to section 2945.40 of the Revised Code shall	6891
remain subject to the jurisdiction of the trial court pursuant to	6892
that commitment, and to the provisions of this section, until the	6893
final termination of the commitment as described in division	6894
(J)(1) of this section. If the jurisdiction is terminated under	6895
this division because of the final termination of the commitment	6896
resulting from the expiration of the maximum prison term or term	6897
of imprisonment described in division (J)(1)(b) of this section,	6898
the court or prosecutor may file an affidavit for the civil	6899
commitment of the defendant or person pursuant to Chapter 5122. or	6900
5123. of the Revised Code.	6901

(B) A hearing conducted under any provision of sections	6902
2945.37 to 2945.402 of the Revised Code shall not be conducted in	6903
accordance with Chapters 5122. and 5123. of the Revised Code. Any	6904
person who is committed pursuant to section 2945.39 or 2945.40 of	6905
the Revised Code shall not voluntarily admit the person or be	6906
voluntarily admitted to a hospital or institution pursuant to	6907
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.	6908
All other provisions of Chapters 5122. and 5123. of the Revised	6909
Code regarding hospitalization or institutionalization shall apply	6910
to the extent they are not in conflict with this chapter. A	6911
commitment under section 2945.39 or 2945.40 of the Revised Code	6912
shall not be terminated and the conditions of the commitment shall	6913
not be changed except as otherwise provided in division (D)(2) of	6914
this section with respect to a mentally retarded person subject to	6915
institutionalization by court order or except by order of the	6916
trial court.	6917

(C) The hospital, facility, or program to which a defendant	6918
or person has been committed under section 2945.39 or 2945.40 of	6919
the Revised Code shall report in writing to the trial court, at	6920
the times specified in this division, as to whether the defendant	6921
or person remains a mentally ill person subject to hospitalization	6922
by court order or a mentally retarded person subject to	6923
institutionalization by court order and, in the case of a	6924
defendant committed under section 2945.39 of the Revised Code, as	6925
to whether the defendant remains incompetent to stand trial. The	6926
hospital, facility, or program shall make the reports after the	6927
initial six months of treatment and every two years after the	6928
initial report is made. The trial court shall provide copies of	6929
the reports to the prosecutor and to the counsel for the defendant	6930
or person. Within thirty days after its receipt pursuant to this	6931
division of a report from a hospital, facility, or program, the	6932
trial court shall hold a hearing on the continued commitment of	6933
the defendant or person or on any changes in the conditions of the	6934
commitment of the defendant or person. The defendant or person may	6935
request a change in the conditions of confinement, and the trial	6936
court shall conduct a hearing on that request if six months or	6937
more have elapsed since the most recent hearing was conducted	6938
under this section.	6939

(D)(1) Except as otherwise provided in division (D)(2) of	6940
this section, when a defendant or person has been committed under	6941
section 2945.39 or 2945.40 of the Revised Code, at any time after	6942
evaluating the risks to public safety and the welfare of the	6943
defendant or person, the chief clinical officer of the hospital,	6944
facility, or program to which the defendant or person is committed	6945
may recommend a termination of the defendant's or person's	6946
commitment or a change in the conditions of the defendant's or	6947
person's commitment.	6948

Except as otherwise provided in division (D)(2) of this	6949
section, if the chief clinical officer recommends on-grounds	6950
unsupervised movement, off-grounds supervised movement, or	6951
nonsecured status for the defendant or person or termination of	6952
the defendant's or person's commitment, the following provisions	6953
apply:	6954

(a) If the chief clinical officer recommends on-grounds	6955
unsupervised movement or off-grounds supervised movement, the	6956
chief clinical officer shall file with the trial court an	6957
application for approval of the movement and shall send a copy of	6958
the application to the prosecutor. Within fifteen days after	6959
receiving the application, the prosecutor may request a hearing on	6960
the application and, if a hearing is requested, shall so inform	6961
the chief clinical officer. If the prosecutor does not request a	6962
hearing within the fifteen-day period, the trial court shall	6963
approve the application by entering its order approving the	6964
requested movement or, within five days after the expiration of	6965
the fifteen-day period, shall set a date for a hearing on the	6966
application. If the prosecutor requests a hearing on the	6967
application within the fifteen-day period, the trial court shall	6968
hold a hearing on the application within thirty days after the	6969
hearing is requested. If the trial court, within five days after	6970
the expiration of the fifteen-day period, sets a date for a	6971
hearing on the application, the trial court shall hold the hearing	6972
within thirty days after setting the hearing date. At least	6973
fifteen days before any hearing is held under this division, the	6974
trial court shall give the prosecutor written notice of the date,	6975
time, and place of the hearing. At the conclusion of each hearing	6976
conducted under this division, the trial court either shall	6977
approve or disapprove the application and shall enter its order	6978
accordingly.	6979

(b) If the chief clinical officer recommends termination of	6980
the defendant's or person's commitment at any time or if the chief	6981
clinical officer recommends the first of any nonsecured status for	6982
the defendant or person, the chief clinical officer shall send	6983
written notice of this recommendation to the trial court and to	6984
the local forensic center. The local forensic center shall	6985
evaluate the committed defendant or person and, within thirty days	6986
after its receipt of the written notice, shall submit to the trial	6987
court and the chief clinical officer a written report of the	6988
evaluation. The trial court shall provide a copy of the chief	6989
clinical officer's written notice and of the local forensic	6990
center's written report to the prosecutor and to the counsel for	6991
the defendant or person. Upon the local forensic center's	6992
submission of the report to the trial court and the chief clinical	6993
officer, all of the following apply:	6994

(i) If the forensic center disagrees with the recommendation	6995
of the chief clinical officer, it shall inform the chief clinical	6996
officer and the trial court of its decision and the reasons for	6997
the decision. The chief clinical officer, after consideration of	6998
the forensic center's decision, shall either withdraw, proceed	6999
with, or modify and proceed with the recommendation. If the chief	7000
clinical officer proceeds with, or modifies and proceeds with, the	7001
recommendation, the chief clinical officer shall proceed in	7002
accordance with division (D)(1)(b)(iii) of this section.	7003

(ii) If the forensic center agrees with the recommendation of	7004
the chief clinical officer, it shall inform the chief clinical	7005
officer and the trial court of its decision and the reasons for	7006
the decision, and the chief clinical officer shall proceed in	7007
accordance with division (D)(1)(b)(iii) of this section.	7008

(iii) If the forensic center disagrees with the	7009
recommendation of the chief clinical officer and the chief	7010
clinical officer proceeds with, or modifies and proceeds with, the	7011
recommendation or if the forensic center agrees with the	7012
recommendation of the chief clinical officer, the chief clinical	7013
officer shall work with the board of alcohol, drug addiction, and	7014
mental health services or community mental health board serving	7015
the area, as appropriate, to develop a plan to implement the	7016
recommendation. If the defendant or person is on medication, the	7017
plan shall include, but shall not be limited to, a system to	7018
monitor the defendant's or person's compliance with the prescribed	7019
medication treatment plan. The system shall include a schedule	7020
that clearly states when the defendant or person shall report for	7021
a medication compliance check. The medication compliance checks	7022
shall be based upon the effective duration of the prescribed	7023
medication, taking into account the route by which it is taken,	7024
and shall be scheduled at intervals sufficiently close together to	7025
detect a potential increase in mental illness symptoms that the	7026
medication is intended to prevent.	7027

The chief clinical officer, after consultation with the board	7028
of alcohol, drug addiction, and mental health services or the	7029
community mental health board serving the area, shall send the	7030
recommendation and plan developed under division (D)(1)(b)(iii) of	7031
this section, in writing, to the trial court, the prosecutor and	7032
the counsel for the committed defendant or person. The trial court	7033
shall conduct a hearing on the recommendation and plan developed	7034
under division (D)(1)(b)(iii) of this section. Divisions (D)(1)(c)	7035
and (d) and (E) to (J) of this section apply regarding the	7036
hearing.	7037

(c) If the chief clinical officer's recommendation is for	7038
nonsecured status or termination of commitment, the prosecutor may	7039
obtain an independent expert evaluation of the defendant's or	7040
person's mental condition, and the trial court may continue the	7041
hearing on the recommendation for a period of not more than thirty	7042
days to permit time for the evaluation.	7043

The prosecutor may introduce the evaluation report or present	7044
other evidence at the hearing in accordance with the Rules of	7045
Evidence.	7046

(d) The trial court shall schedule the hearing on a chief	7047
clinical officer's recommendation for nonsecured status or	7048
termination of commitment and shall give reasonable notice to the	7049
prosecutor and the counsel for the defendant or person. Unless	7050
continued for independent evaluation at the prosecutor's request	7051
or for other good cause, the hearing shall be held within thirty	7052
days after the trial court's receipt of the recommendation and	7053
plan.	7054

(2)(a) Division (D)(1) of this section does not apply to	7055
on-grounds unsupervised movement of a defendant or person who has	7056
been committed under section 2945.39 or 2945.40 of the Revised	7057
Code, who is a mentally retarded person subject to	7058
institutionalization by court order, and who is being provided	7059
residential habilitation, care, and treatment in a facility	7060
operated by the department of ~~mental retardation and~~ developmental	7061
disabilities.	7062

(b) If, pursuant to section 2945.39 of the Revised Code, the	7063
trial court commits a defendant who is found incompetent to stand	7064
trial and who is a mentally retarded person subject to	7065
institutionalization by court order, if the defendant is being	7066
provided residential habilitation, care, and treatment in a	7067
facility operated by the department of ~~mental retardation and~~	7068
developmental disabilities, if an individual who is conducting a	7069
survey for the department of health to determine the facility's	7070
compliance with the certification requirements of the medicaid	7071
program under ~~chapter~~Chapter 5111. of the Revised Code and Title	7072
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	7073
301, as amended, cites the defendant's receipt of the residential	7074
habilitation, care, and treatment in the facility as being	7075
inappropriate under the certification requirements, if the	7076
defendant's receipt of the residential habilitation, care, and	7077
treatment in the facility potentially jeopardizes the facility's	7078
continued receipt of federal medicaid moneys, and if as a result	7079
of the citation the chief clinical officer of the facility	7080
determines that the conditions of the defendant's commitment	7081
should be changed, the department of ~~mental retardation and~~	7082
developmental disabilities may cause the defendant to be removed	7083
from the particular facility and, after evaluating the risks to	7084
public safety and the welfare of the defendant and after	7085
determining whether another type of placement is consistent with	7086
the certification requirements, may place the defendant in another	7087
facility that the department selects as an appropriate facility	7088
for the defendant's continued receipt of residential habilitation,	7089
care, and treatment and that is a no less secure setting than the	7090
facility in which the defendant had been placed at the time of the	7091
citation. Within three days after the defendant's removal and	7092
alternative placement under the circumstances described in	7093
division (D)(2)(b) of this section, the department of ~~mental~~	7094
~~retardation and~~ developmental disabilities shall notify the trial	7095
court and the prosecutor in writing of the removal and alternative	7096
placement.	7097

The trial court shall set a date for a hearing on the removal	7098
and alternative placement, and the hearing shall be held within	7099
twenty-one days after the trial court's receipt of the notice from	7100
the department of ~~mental retardation and~~ developmental	7101
disabilities. At least ~~ten-days~~ten days before the hearing is	7102
held, the trial court shall give the prosecutor, the department of	7103
~~mental retardation and~~ developmental disabilities, and the counsel	7104
for the defendant written notice of the date, time, and place of	7105
the hearing. At the hearing, the trial court shall consider the	7106
citation issued by the individual who conducted the survey for the	7107
department of health to be prima-facie evidence of the fact that	7108
the defendant's commitment to the particular facility was	7109
inappropriate under the certification requirements of the medicaid	7110
program under Chapter 5111. of the Revised Code and Title XIX of	7111
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	7112
as amended, and potentially jeopardizes the particular facility's	7113
continued receipt of federal medicaid moneys. At the conclusion of	7114
the hearing, the trial court may approve or disapprove the	7115
defendant's removal and alternative placement. If the trial court	7116
approves the defendant's removal and alternative placement, the	7117
department of ~~mental retardation and~~ developmental disabilities	7118
may continue the defendant's alternative placement. If the trial	7119
court disapproves the defendant's removal and alternative	7120
placement, it shall enter an order modifying the defendant's	7121
removal and alternative placement, but that order shall not	7122
require the department of ~~mental retardation and~~ developmental	7123
disabilities to replace the defendant for purposes of continued	7124
residential habilitation, care, and treatment in the facility	7125
associated with the citation issued by the individual who	7126
conducted the survey for the department of health.	7127

(E) In making a determination under this section regarding	7128
nonsecured status or termination of commitment, the trial court	7129
shall consider all relevant factors, including, but not limited	7130
to, all of the following:	7131

(1) Whether, in the trial court's view, the defendant or	7132
person currently represents a substantial risk of physical harm to	7133
the defendant or person or others;	7134

(2) Psychiatric and medical testimony as to the current	7135
mental and physical condition of the defendant or person;	7136

(3) Whether the defendant or person has insight into the	7137
dependant's or person's condition so that the defendant or person	7138
will continue treatment as prescribed or seek professional	7139
assistance as needed;	7140

(4) The grounds upon which the state relies for the proposed	7141
commitment;	7142

(5) Any past history that is relevant to establish the	7143
defendant's or person's degree of conformity to the laws, rules,	7144
regulations, and values of society;	7145

(6) If there is evidence that the defendant's or person's	7146
mental illness is in a state of remission, the medically suggested	7147
cause and degree of the remission and the probability that the	7148
defendant or person will continue treatment to maintain the	7149
remissive state of the defendant's or person's illness should the	7150
defendant's or person's commitment conditions be altered.	7151

(F) At any hearing held pursuant to division (C) or (D)(1) or	7152
(2) of this section, the defendant or the person shall have all	7153
the rights of a defendant or person at a commitment hearing as	7154
described in section 2945.40 of the Revised Code.	7155

(G) In a hearing held pursuant to division (C) or (D)(1) of	7156
this section, the prosecutor has the burden of proof as follows:	7157

(1) For a recommendation of termination of commitment, to	7158
show by clear and convincing evidence that the defendant or person	7159
remains a mentally ill person subject to hospitalization by court	7160
order or a mentally retarded person subject to	7161
institutionalization by court order;	7162

(2) For a recommendation for a change in the conditions of	7163
the commitment to a less restrictive status, to show by clear and	7164
convincing evidence that the proposed change represents a threat	7165
to public safety or a threat to the safety of any person.	7166

(H) In a hearing held pursuant to division (C) or (D)(1) or	7167
(2) of this section, the prosecutor shall represent the state or	7168
the public interest.	7169

(I) At the conclusion of a hearing conducted under division	7170
(D)(1) of this section regarding a recommendation from the chief	7171
clinical officer of a hospital, program, or facility, the trial	7172
court may approve, disapprove, or modify the recommendation and	7173
shall enter an order accordingly.	7174

(J)(1) A defendant or person who has been committed pursuant	7175
to section 2945.39 or 2945.40 of the Revised Code continues to be	7176
under the jurisdiction of the trial court until the final	7177
termination of the commitment. For purposes of division (J) of	7178
this section, the final termination of a commitment occurs upon	7179
the earlier of one of the following:	7180

(a) The defendant or person no longer is a mentally ill	7181
person subject to hospitalization by court order or a mentally	7182
retarded person subject to institutionalization by court order, as	7183
determined by the trial court;	7184

(b) The expiration of the maximum prison term or term of	7185
imprisonment that the defendant or person could have received if	7186
the defendant or person had been convicted of the most serious	7187
offense with which the defendant or person is charged or in	7188
relation to which the defendant or person was found not guilty by	7189
reason of insanity;	7190

(c) The trial court enters an order terminating the	7191
commitment under the circumstances described in division	7192
(J)(2)(a)(ii) of this section.	7193

(2)(a) If a defendant is found incompetent to stand trial and	7194
committed pursuant to section 2945.39 of the Revised Code, if	7195
neither of the circumstances described in divisions (J)(1)(a) and	7196
(b) of this section applies to that defendant, and if a report	7197
filed with the trial court pursuant to division (C) of this	7198
section indicates that the defendant presently is competent to	7199
stand trial or if, at any other time during the period of the	7200
defendant's commitment, the prosecutor, the counsel for the	7201
defendant, or the chief clinical officer of the hospital,	7202
facility, or program to which the defendant is committed files an	7203
application with the trial court alleging that the defendant	7204
presently is competent to stand trial and requesting a hearing on	7205
the competency issue or the trial court otherwise has reasonable	7206
cause to believe that the defendant presently is competent to	7207
stand trial and determines on its own motion to hold a hearing on	7208
the competency issue, the trial court shall schedule a hearing on	7209
the competency of the defendant to stand trial, shall give the	7210
prosecutor, the counsel for the defendant, and the chief clinical	7211
officer notice of the date, time, and place of the hearing at	7212
least fifteen days before the hearing, and shall conduct the	7213
hearing within thirty days of the filing of the application or of	7214
its own motion. If, at the conclusion of the hearing, the trial	7215
court determines that the defendant presently is capable of	7216
understanding the nature and objective of the proceedings against	7217
the defendant and of assisting in the defendant's defense, the	7218
trial court shall order that the defendant is competent to stand	7219
trial and shall be proceeded against as provided by law with	7220
respect to the applicable offenses described in division (C)(1) of	7221
section 2945.38 of the Revised Code and shall enter whichever of	7222
the following additional orders is appropriate:	7223

(i) If the trial court determines that the defendant remains	7224
a mentally ill person subject to hospitalization by court order or	7225
a mentally retarded person subject to institutionalization by	7226
court order, the trial court shall order that the defendant's	7227
commitment to the hospital, facility, or program be continued	7228
during the pendency of the trial on the applicable offenses	7229
described in division (C)(1) of section 2945.38 of the Revised	7230
Code.	7231

(ii) If the trial court determines that the defendant no	7232
longer is a mentally ill person subject to hospitalization by	7233
court order or a mentally retarded person subject to	7234
institutionalization by court order, the trial court shall order	7235
that the defendant's commitment to the hospital, facility, or	7236
program shall not be continued during the pendency of the trial on	7237
the applicable offenses described in division (C)(1) of section	7238
2945.38 of the Revised Code. This order shall be a final	7239
termination of the commitment for purposes of division (J)(1)(c)	7240
of this section.	7241

(b) If, at the conclusion of the hearing described in	7242
division (J)(2)(a) of this section, the trial court determines	7243
that the defendant remains incapable of understanding the nature	7244
and objective of the proceedings against the defendant or of	7245
assisting in the defendant's defense, the trial court shall order	7246
that the defendant continues to be incompetent to stand trial,	7247
that the defendant's commitment to the hospital, facility, or	7248
program shall be continued, and that the defendant remains subject	7249
to the jurisdiction of the trial court pursuant to that	7250
commitment, and to the provisions of this section, until the final	7251
termination of the commitment as described in division (J)(1) of	7252
this section.	7253

Sec. 2967.22. Whenever it is brought to the attention of the	7254
adult parole authority or a department of probation that a	7255
parolee, person under a community control sanction, person under	7256
transitional control, or releasee appears to be a mentally ill	7257
person subject to hospitalization by court order, as defined in	7258
section 5122.01 of the Revised Code, or a mentally retarded person	7259
subject to institutionalization by court order, as defined in	7260
section 5123.01 of the Revised Code, the parole or probation	7261
officer, subject to the approval of the chief of the adult parole	7262
authority, the designee of the chief of the adult parole	7263
authority, or the chief probation officer, may file an affidavit	7264
under section 5122.11 or 5123.71 of the Revised Code. A parolee,	7265
person under a community control sanction, or releasee who is	7266
involuntarily detained under Chapter 5122. or 5123. of the Revised	7267
Code shall receive credit against the period of parole or	7268
community control or the term of post-release control for the	7269
period of involuntary detention.	7270

If a parolee, person under a community control sanction,	7271
person under transitional control, or releasee escapes from an	7272
institution or facility within the department of mental health or	7273
the department of ~~mental retardation and~~ developmental	7274
disabilities, the superintendent of the institution immediately	7275
shall notify the chief of the adult parole authority or the chief	7276
probation officer. Notwithstanding the provisions of section	7277
5122.26 of the Revised Code, the procedure for the apprehension,	7278
detention, and return of the parolee, person under a community	7279
control sanction, person under transitional control, or releasee	7280
is the same as that provided for the apprehension, detention, and	7281
return of persons who escape from institutions operated by the	7282
department of rehabilitation and correction. If the escaped	7283
parolee, person under transitional control, or releasee is not	7284
apprehended and returned to the custody of the department of	7285
mental health or the department of ~~mental retardation and~~	7286
developmental disabilities within ninety days after the escape,	7287
the parolee, person under transitional control, or releasee shall	7288
be discharged from the custody of the department of mental health	7289
or the department of ~~mental retardation and~~ developmental	7290
disabilities and returned to the custody of the department of	7291
rehabilitation and correction. If the escaped person under a	7292
community control sanction is not apprehended and returned to the	7293
custody of the department of mental health or the department of	7294
~~mental retardation and~~ developmental disabilities within ninety	7295
days after the escape, the person under a community control	7296
sanction shall be discharged from the custody of the department of	7297
mental health or the department of ~~mental retardation and~~	7298
developmental disabilities and returned to the custody of the	7299
court that sentenced that person.	7300

Sec. 3301.15. The state board of education or its authorized	7301
representatives may inspect all institutions under the control of	7302
the department of job and family services, the department of	7303
mental health, the department of ~~mental retardation and~~	7304
developmental disabilities, and the department of rehabilitation	7305
and correction which employ teachers, and may make a report on the	7306
teaching, discipline, and school equipment in these institutions	7307
to the director of job and family services, the director of mental	7308
health, the director of ~~mental retardation and~~ developmental	7309
disabilities, the director of rehabilitation and correction, and	7310
the governor.	7311

Sec. 3304.231. There is hereby created a brain injury	7312
advisory committee, which shall advise the administrator of the	7313
rehabilitation services commission and the brain injury program	7314
with regard to unmet needs of survivors of brain injury,	7315
development of programs for survivors and their families,	7316
establishment of training programs for health care professionals,	7317
and any other matter within the province of the brain injury	7318
program. The committee shall consist of not less than eighteen and	7319
not more than twenty-one members as follows:	7320

(A) Not less than ten and not more than twelve members	7321
appointed by the administrator of the rehabilitation services	7322
commission, including all of the following: a survivor of brain	7323
injury, a relative of a survivor of brain injury, a licensed	7324
physician recommended by the Ohio chapter of the American college	7325
of emergency physicians, a licensed physician recommended by the	7326
Ohio state medical association, one other health care	7327
professional, a rehabilitation professional, an individual who	7328
represents the brain injury association of Ohio, and not less than	7329
three nor more than five individuals who shall represent the	7330
public;	7331

(B) The directors of the departments of health, alcohol and	7332
drug addiction services, ~~mental retardation and~~ developmental	7333
disabilities, mental health, job and family services, and highway	7334
safety; the administrator of workers' compensation; the	7335
superintendent of public instruction; and the administrator of the	7336
rehabilitation services commission. Any of the officials specified	7337
in this division may designate an individual to serve in the	7338
official's place as a member of the committee.	7339

The director of health shall make initial appointments to the	7340
committee by November 1, 1990. Appointments made after July 26,	7341
1991, shall be made by the administrator of the rehabilitation	7342
services commission. Terms of office shall be two years. Members	7343
may be reappointed. Vacancies shall be filled in the manner	7344
provided for original appointments. Any member appointed to fill a	7345
vacancy occurring prior to the expiration date of the term for	7346
which the member's predecessor was appointed shall hold office as	7347
a member for the remainder of that term.	7348

Members of the committee shall serve without compensation,	7349
but shall be reimbursed for actual and necessary expenses incurred	7350
in the performance of their duties.	7351

Sec. 3313.65. (A) As used in this section and section	7352
3313.64 of the Revised Code:	7353

(1) A person is "in a residential facility" if the person is	7354
a resident or a resident patient of an institution, home, or other	7355
residential facility that is:	7356

(a) Licensed as a nursing home, residential care facility, or	7357
home for the aging by the director of health under section 3721.02	7358
of the Revised Code or licensed as a community alternative home by	7359
the director of health under section 3724.03 of the Revised Code;	7360

(b) Licensed as an adult care facility by the director of	7361
health under Chapter 3722. of the Revised Code;	7362

(c) Maintained as a county home or district home by the board	7363
of county commissioners or a joint board of county commissioners	7364
under Chapter 5155. of the Revised Code;	7365

(d) Operated or administered by a board of alcohol, drug	7366
addiction, and mental health services under section 340.03 or	7367
340.06 of the Revised Code, or provides residential care pursuant	7368
to contracts made under section 340.03 or 340.033 of the Revised	7369
Code;	7370

(e) Maintained as a state institution for the mentally ill	7371
under Chapter 5119. of the Revised Code;	7372

(f) Licensed by the department of mental health under section	7373
5119.20 or 5119.22 of the Revised Code;	7374

(g) Licensed as a residential facility by the department of	7375
~~mental retardation and~~ developmental disabilities under section	7376
5123.19 of the Revised Code;	7377

(h) Operated by the veteran's administration or another	7378
agency of the United States government;	7379

(i) The Ohio soldiers' and sailors' home.

7380

(2) A person is "in a correctional facility" if any of the	7381
following apply:	7382

(a) The person is an Ohio resident and is:

7383

(i) Imprisoned, as defined in section 1.05 of the Revised	7384
Code;	7385

(ii) Serving a term in a community-based correctional	7386
facility or a district community-based correctional facility;	7387

(iii) Required, as a condition of parole, a post-release	7388
control sanction, a community control sanction, transitional	7389
control, or early release from imprisonment, as a condition of	7390
shock parole or shock probation granted under the law in effect	7391
prior to July 1, 1996, or as a condition of a furlough granted	7392
under the version of section 2967.26 of the Revised Code in effect	7393
prior to March 17, 1998, to reside in a halfway house or other	7394
community residential center licensed under section 2967.14 of the	7395
Revised Code or a similar facility designated by the court of	7396
common pleas that established the condition or by the adult parole	7397
authority.	7398

(b) The person is imprisoned in a state correctional	7399
institution of another state or a federal correctional institution	7400
but was an Ohio resident at the time the sentence was imposed for	7401
the crime for which the person is imprisoned.	7402

(3) A person is "in a juvenile residential placement" if the	7403
person is an Ohio resident who is under twenty-one years of age	7404
and has been removed, by the order of a juvenile court, from the	7405
place the person resided at the time the person became subject to	7406
the court's jurisdiction in the matter that resulted in the	7407
person's removal.	7408

(4) "Community control sanction" has the same meaning as in	7409
section 2929.01 of the Revised Code.	7410

(5) "Post-release control sanction" has the same meaning as	7411
in section 2967.01 of the Revised Code.	7412

(B) If the circumstances described in division (C) of this	7413
section apply, the determination of what school district must	7414
admit a child to its schools and what district, if any, is liable	7415
for tuition shall be made in accordance with this section, rather	7416
than section 3313.64 of the Revised Code.	7417

(C) A child who does not reside in the school district in	7418
which the child's parent resides and for whom a tuition obligation	7419
previously has not been established under division (C)(2) of	7420
section 3313.64 of the Revised Code shall be admitted to the	7421
schools of the district in which the child resides if at least one	7422
of the child's parents is in a residential or correctional	7423
facility or a juvenile residential placement and the other parent,	7424
if living and not in such a facility or placement, is not known to	7425
reside in this state.	7426

(D) Regardless of who has custody or care of the child,	7427
whether the child resides in a home, or whether the child receives	7428
special education, if a district admits a child under division (C)	7429
of this section, tuition shall be paid to that district as	7430
follows:	7431

(1) If the child's parent is in a juvenile residential	7432
placement, by the district in which the child's parent resided at	7433
the time the parent became subject to the jurisdiction of the	7434
juvenile court;	7435

(2) If the child's parent is in a correctional facility, by	7436
the district in which the child's parent resided at the time the	7437
sentence was imposed;	7438

(3) If the child's parent is in a residential facility, by	7439
the district in which the parent resided at the time the parent	7440
was admitted to the residential facility, except that if the	7441
parent was transferred from another residential facility, tuition	7442
shall be paid by the district in which the parent resided at the	7443
time the parent was admitted to the facility from which the parent	7444
first was transferred;	7445

(4) In the event of a disagreement as to which school	7446
district is liable for tuition under division (C)(1), (2), or (3)	7447
of this section, the superintendent of public instruction shall	7448
determine which district shall pay tuition.	7449

(E) If a child covered by division (D) of this section	7450
receives special education in accordance with Chapter 3323. of the	7451
Revised Code, the tuition shall be paid in accordance with section	7452
3323.13 or 3323.14 of the Revised Code. Tuition for children who	7453
do not receive special education shall be paid in accordance with	7454
division (J) of section 3313.64 of the Revised Code.	7455

Sec. 3313.715. The board of education of a school district	7456
may request from the director of ~~mental retardation and~~	7457
developmental disabilities the appropriate identification numbers	7458
for all students residing in the district who are medical	7459
assistance recipients under Chapter 5111. of the Revised Code. The	7460
director shall furnish such numbers upon receipt of lists of	7461
student names furnished by the district board, in such form as the	7462
director may require.	7463

The director of job and family services shall provide the	7464
director of ~~mental retardation and~~ developmental disabilities with	7465
the data necessary for compliance with this section.	7466

Section 3319.321 of the Revised Code does not apply to the	7467
release of student names or other data to the director of ~~mental~~	7468
~~retardation and~~ developmental disabilities for the purposes of	7469
this section. Chapter 1347. of the Revised Code does not apply to	7470
information required to be kept by a school board or the	7471
departments of job and family services or ~~mental retardation and~~	7472
developmental disabilities to the extent necessary to comply with	7473
this section and section 3313.714 of the Revised Code. However,	7474
any such information or data shall be used only for the specific	7475
legal purposes of such boards and departments and shall not be	7476
released to any unauthorized person.	7477

Sec. 3323.01. As used in this chapter:

7478

(A) "Child with a disability" means a child who is at least	7479
three years of age and less than twenty-two years of age; who has	7480
mental retardation, a hearing impairment (including deafness), a	7481
speech or language impairment, a visual impairment (including	7482
blindness), a serious emotional disturbance, an orthopedic	7483
impairment, autism, traumatic brain injury, an other health	7484
impairment, a specific learning disability, deaf-blindness, or	7485
multiple disabilities; and who, by reason thereof, needs special	7486
education and related services.	7487

A "child with a disability" may include a child who is at	7488
least three years of age and less than six years of age; who is	7489
experiencing developmental delays, as defined by standards adopted	7490
by the state board of education and as measured by appropriate	7491
diagnostic instruments and procedures in one or more of the	7492
following areas: physical development, cognitive development,	7493
communication development, social or emotional development, or	7494
adaptive development; and who, by reason thereof, needs special	7495
education and related services.	7496

(B) "County MR/DD board" means a county board of mental	7497
retardation and developmental disabilities.	7498

(C) "Free appropriate public education" means special	7499
education and related services that meet all of the following:	7500

(1) Are provided at public expense, under public supervision	7501
and direction, and without charge;	7502

(2) Meet the standards of the state board of education;

7503

(3) Include an appropriate preschool, elementary, or	7504
secondary education as otherwise provided by the law of this	7505
state;	7506

(4) Are provided for each child with a disability in	7507
conformity with the child's individualized education program.	7508

(D) "Homeless children" means "homeless children and youths"	7509
as defined in section 725 of the "McKinney-Vento Homeless	7510
Assistance Act," 42 U.S.C. 11434a.	7511

(E) "Individualized education program" or "IEP" means the	7512
written statement described in section 3323.011 of the Revised	7513
Code.	7514

(F) "Individualized education program team" or "IEP team"	7515
means a group of individuals composed of:	7516

(1) The parents of a child with a disability;

7517

(2) At least one regular education teacher of the child, if	7518
the child is or may be participating in the regular education	7519
environment;	7520

(3) At least one special education teacher, or where	7521
appropriate, at least one special education provider of the child;	7522

(4) A representative of the school district who meets all of	7523
the following:	7524

(a) Is qualified to provide, or supervise the provision of,	7525
specially designed instruction to meet the unique needs of	7526
children with disabilities;	7527

(b) Is knowledgeable about the general education curriculum;

7528

(c) Is knowledgeable about the availability of resources of	7529
the school district.	7530

(5) An individual who can interpret the instructional	7531
implications of evaluation results, who may be a member of the	7532
team as described in divisions (F)(2) to (4) of this section;	7533

(6) At the discretion of the parent or the school district,	7534
other individuals who have knowledge or special expertise	7535
regarding the child, including related services personnel as	7536
appropriate;	7537

(7) Whenever appropriate, the child with a disability.

7538

(G) "Instruction in braille reading and writing" means the	7539
teaching of the system of reading and writing through touch	7540
commonly known as standard English braille.	7541

(H) "Other educational agency" means a department, division,	7542
bureau, office, institution, board, commission, committee,	7543
authority, or other state or local agency, which is not a city,	7544
local, or exempted village school district or an agency	7545
administered by the department of ~~mental retardation and~~	7546
developmental disabilities, that provides or seeks to provide	7547
special education or related services to children with	7548
disabilities. The term "other educational agency" includes a joint	7549
vocational school district.	7550

(I) "Parent" of a child with a disability, except as used in	7551
sections 3323.09 and 3323.141 of the Revised Code, means:	7552

(1) A natural or adoptive parent of a child but not a foster	7553
parent of a child;	7554

(2) A guardian, but not the state if the child is a ward of	7555
the state;	7556

(3) An individual acting in the place of a natural or	7557
adoptive parent, including a grandparent, stepparent, or other	7558
relative, with whom the child lives, or an individual who is	7559
legally responsible for the child's welfare;	7560

(4) An individual assigned to be a surrogate parent, provided	7561
the individual is not prohibited by this chapter from serving as a	7562
surrogate parent for a child.	7563

(J) "Preschool child with a disability" means a child with a	7564
disability who is at least three years of age but is not of	7565
compulsory school age, as defined under section 3321.01 of the	7566
Revised Code, and who is not currently enrolled in kindergarten.	7567

(K) "Related services" means transportation, and such	7568
developmental, corrective, and other supportive services	7569
(including speech-language pathology and audiology services,	7570
interpreting services, psychological services, physical and	7571
occupational therapy, recreation, including therapeutic	7572
recreation, school nurse services designed to enable a child with	7573
a disability to receive a free appropriate public education as	7574
described in the individualized education program of the child,	7575
counseling services, including rehabilitation counseling,	7576
orientation and mobility services, school health services, social	7577
work services in schools, and parent counseling and training, and	7578
medical services, except that such medical services shall be for	7579
diagnostic and evaluation purposes only) as may be required to	7580
assist a child with a disability to benefit from special	7581
education, and includes the early identification and assessment of	7582
disabling conditions in children. "Related services" does not	7583
include a medical device that is surgically implanted, or the	7584
replacement of such device.	7585

(L) "School district" means a city, local, or exempted	7586
village school district.	7587

(M) "School district of residence," as used in sections	7588
3323.09, 3323.091, 3323.13, and 3323.14 of the Revised Code,	7589
means:	7590

(1) The school district in which the child's natural or	7591
adoptive parents reside;	7592

(2) If the school district specified in division (M)(1) of	7593
this section cannot be determined, the last school district in	7594
which the child's natural or adoptive parents are known to have	7595
resided if the parents' whereabouts are unknown;	7596

(3) If the school district specified in division (M)(2) of	7597
this section cannot be determined, the school district determined	7598
under section 2151.362 of the Revised Code, or if no district has	7599
been so determined, the school district as determined by the	7600
probate court of the county in which the child resides.	7601

(4) Notwithstanding divisions (M)(1) to (3) of this section,	7602
if a school district is required by section 3313.65 of the Revised	7603
Code to pay tuition for a child, that district shall be the	7604
child's school district of residence.	7605

(N) "Special education" means specially designed instruction,	7606
at no cost to parents, to meet the unique needs of a child with a	7607
disability. "Special education" includes instruction conducted in	7608
the classroom, in the home, in hospitals and institutions, and in	7609
other settings, including an early childhood education setting,	7610
and instruction in physical education.	7611

(O) "Student with a visual impairment" means any person who	7612
is less than twenty-two years of age and who has a visual	7613
impairment as that term is defined in this section.	7614

(P) "Transition services" means a coordinated set of	7615
activities for a child with a disability that meet all of the	7616
following:	7617

(1) Is designed to be within a results-oriented process, that	7618
is focused on improving the academic and functional achievement of	7619
the child with a disability to facilitate the child's movement	7620
from school to post-school activities, including post-secondary	7621
education; vocational education; integrated employment (including	7622
supported employment); continuing and adult education; adult	7623
services; independent living; or community participation;	7624

(2) Is based on the individual child's needs, taking into	7625
account the child's strengths, preferences, and interests;	7626

(3) Includes instruction, related services, community	7627
experiences, the development of employment and other post-school	7628
adult living objectives, and, when appropriate, acquisition of	7629
daily living skills and functional vocational evaluation.	7630

"Transition services" for children with disabilities may be	7631
special education, if provided as specially designed instruction,	7632
or may be a related service, if required to assist a child with a	7633
disability to benefit from special education.	7634

(Q) "Visual impairment" for any individual means that one of	7635
the following applies to the individual:	7636

(1) The individual has a visual acuity of 20/200 or less in	7637
the better eye with correcting lenses or has a limited field of	7638
vision in the better eye such that the widest diameter subtends an	7639
angular distance of no greater than twenty degrees.	7640

(2) The individual has a medically indicated expectation of	7641
meeting the requirements of division (Q)(1) of this section over a	7642
period of time.	7643

(3) The individual has a medically diagnosed and medically	7644
uncorrectable limitation in visual functioning that adversely	7645
affects the individual's ability to read and write standard print	7646
at levels expected of the individual's peers of comparable ability	7647
and grade level.	7648

(R) "Ward of the state" has the same meaning as in section	7649
602(36) of the "Individuals with Disabilities Education	7650
Improvement Act of 2004," 20 U.S.C. 1401(36).	7651

Sec. 3323.021. As used in this section, "participating	7652
county MR/DD board" means a county board of mental retardation and	7653
developmental disabilities electing to participate in the	7654
provision of or contracting for educational services for children	7655
under division (D) of section 5126.05 of the Revised Code.	7656

(A) When a school district, educational service center, or	7657
participating county MR/DD board enters into an agreement or	7658
contract with another school district, educational service center,	7659
or participating county MR/DD board to provide educational	7660
services to a disabled child during a school year, both of the	7661
following shall apply:	7662

(1) Beginning with fiscal year 1999, if the provider of the	7663
services intends to increase the amount it charges for some or all	7664
of those services during the next school year or if the provider	7665
intends to cease offering all or part of those services during the	7666
next school year, the provider shall notify the entity for which	7667
the services are provided of these intended changes no later ~~that~~	7668
than the first day of March of the current fiscal year.	7669

(2) Beginning with fiscal year 1999, if the entity for which	7670
services are provided intends to cease obtaining those services	7671
from the provider for the next school year or intends to change	7672
the type or amount of services it obtains from the provider for	7673
the next school year, the entity shall notify the service provider	7674
of these intended changes no later than the first day of March of	7675
the current fiscal year.	7676

(B) School districts, educational service centers,	7677
participating county MR/DD boards, and other applicable	7678
governmental entities shall collaborate where possible to maximize	7679
federal sources of revenue to provide additional funds for special	7680
education related services for disabled children. Annually, each	7681
school district shall report to the department of education any	7682
amounts of money the district received through such medical	7683
assistance program.	7684

(C) The state board of education, the department of ~~mental~~	7685
~~retardation and~~ developmental disabilities, and the department of	7686
job and family services shall develop working agreements for	7687
pursuing additional funds for services for disabled children.	7688

Sec. 3323.03. The state board of education shall, in	7689
consultation with the department of health, the department of	7690
mental health, and the department of ~~mental retardation and~~	7691
developmental disabilities, establish standards and procedures for	7692
the identification, location, and evaluation of all children with	7693
disabilities residing in the state, including children with	7694
disabilities who are homeless children or are wards of the state	7695
and children with disabilities attending nonpublic schools,	7696
regardless of the severity of their disabilities, and who are in	7697
need of special education and related services. The state board	7698
shall develop and implement a practical method to determine which	7699
children with disabilities are currently receiving needed special	7700
education and related services.	7701

In conducting the evaluation, the board of education of each	7702
school district shall use a variety of assessment tools and	7703
strategies to gather relevant functional, developmental, and	7704
academic information about the child, including information	7705
provided by the child's parent. The board of education of each	7706
school district, in consultation with the county MR/DD board, the	7707
county family and children first council, and the board of	7708
alcohol, drug addiction, and mental health services of each	7709
county in which the school district has territory, shall	7710
identify, locate, and evaluate all children with disabilities	7711
residing within the district to determine which children with	7712
disabilities are not receiving appropriate special education and	7713
related services. In addition, the board of education of each	7714
school district, in consultation with such county boards or	7715
council, shall identify, locate, and evaluate all children with	7716
disabilities who are enrolled by their parents in nonpublic	7717
elementary and secondary schools located within the public school	7718
district, without regard to where those children reside in	7719
accordance with rules of the state board of education or	7720
guidelines of the superintendent of public instruction.	7721

Each county MR/DD board, county family and children first	7722
council, and board of alcohol, drug addiction, and mental health	7723
services and the board's or council's contract agencies may	7724
transmit to boards of education the names and addresses of	7725
children with disabilities who are not receiving appropriate	7726
special education and related services.	7727

Sec. 3323.04. The state board of education, in consultation	7728
with the department of mental health and the department of ~~mental~~	7729
~~retardation and~~ developmental disabilities, shall establish	7730
procedures and standards for the development of individualized	7731
education programs for children with disabilities.	7732

The state board shall require the board of education of each	7733
school district to develop an individualized education program for	7734
each child with a disability who is at least three years of age	7735
and less than twenty-two years of age residing in the district in	7736
a manner that is in accordance with rules of the state board.	7737

Prior to the placement of a child with a disability in a	7738
program operated under section 3323.09 of the Revised Code, the	7739
district board of education shall consult the county MR/DD board	7740
of the county in which the child resides regarding the proposed	7741
placement.	7742

A child with a disability enrolled in a nonpublic school or	7743
facility shall be provided special education and related services,	7744
in accordance with an individualized education program, at no cost	7745
for those services, if the child is placed in, or referred to,	7746
that nonpublic school or facility by the department of education	7747
or a school district.	7748

The IEP team shall review the individualized education	7749
program of each child with a disability periodically, but at least	7750
annually, to determine whether the annual goals for the child are	7751
being achieved, and shall revise the individualized education	7752
program as appropriate.	7753

The state board shall establish procedures and standards to	7754
assure that to the maximum extent appropriate, children with	7755
disabilities, including children in public or private	7756
institutions or other care facilities, shall be educated with	7757
children who are not disabled. Special classes, separate schools,	7758
or other removal of children with disabilities from the regular	7759
educational environment shall be used only when the nature or	7760
severity of a child's disability is such that education in	7761
regular classes with supplementary aids and services cannot be	7762
achieved satisfactorily.	7763

If an agency directly affected by a placement decision	7764
objects to such decision, an impartial hearing officer, appointed	7765
by the department of education from a list prepared by the	7766
department, shall conduct a hearing to review the placement	7767
decision. The agencies that are parties to a hearing shall divide	7768
the costs of such hearing equally. The decision of the hearing	7769
officer shall be final, except that any party to the hearing who	7770
is aggrieved by the findings or the decision of the hearing	7771
officer may appeal the findings or decision in accordance with	7772
division (H) of section 3323.05 of the Revised Code or the parent	7773
of any child affected by such decision may present a complaint in	7774
accordance with that section.	7775

Sec. 3323.07. The state board of education shall authorize	7776
the establishment and maintenance of special education and related	7777
services for all children with disabilities who are at least	7778
three years of age and less than twenty-two years of age,	7779
including children with disabilities who have been suspended or	7780
expelled from school, and may authorize special education and	7781
related services for children with disabilities who are less than	7782
three years of age in accordance with rules adopted by the state	7783
board. The state board shall require the boards of education of	7784
school districts, shall authorize the department of mental health	7785
and the department of ~~mental retardation and~~ developmental	7786
disabilities, and may authorize any other educational agency, to	7787
establish and maintain such special education and related	7788
services in accordance with standards adopted by the state board.	7789

Sec. 3323.09. (A) As used in this section:

7790

(1) "Home" has the meaning given in section 3313.64 of the	7791
Revised Code.	7792

(2) "Preschool child" means a child who is at least age three	7793
but under age six on the thirtieth day of September of an academic	7794
year.	7795

(B) Each county MR/DD board shall establish special education	7796
programs for all children with disabilities who in accordance	7797
with section 3323.04 of the Revised Code have been placed in	7798
special education programs operated by the county board and for	7799
preschool children who are developmentally delayed or at risk of	7800
being developmentally delayed. The board annually shall submit to	7801
the department of education a plan for the provision of these	7802
programs and, if applicable, a request for approval of units under	7803
section 3317.05 of the Revised Code. The superintendent of public	7804
instruction shall review the plan and approve or modify it in	7805
accordance with rules adopted by the state board of education	7806
under section 3301.07 of the Revised Code. The superintendent of	7807
public instruction shall compile the plans submitted by county	7808
boards and shall submit a comprehensive plan to the state board.	7809

A county MR/DD board may combine transportation for children	7810
enrolled in classes funded under section 3317.20 or units approved	7811
under section 3317.05 with transportation for children and adults	7812
enrolled in programs and services offered by the board under	7813
section 5126.12 of the Revised Code.	7814

(C) A county MR/DD board that during the school year provided	7815
special education pursuant to this section for any child with	7816
mental disabilities under twenty-two years of age shall prepare	7817
and submit the following reports and statements:	7818

(1) The board shall prepare a statement for each child who at	7819
the time of receiving such special education was a resident of a	7820
home and was not in the legal or permanent custody of an Ohio	7821
resident or a government agency in this state, and whose natural	7822
or adoptive parents are not known to have been residents of this	7823
state subsequent to the child's birth. The statement shall contain	7824
the child's name, the name of the child's school district of	7825
residence, the name of the county board providing the special	7826
education, and the number of months, including any fraction of a	7827
month, it was provided. Not later than the thirtieth day of June,	7828
the board shall forward a certified copy of such statement to both	7829
the director of ~~mental retardation and~~ developmental disabilities	7830
and to the home.	7831

Within thirty days after its receipt of a statement, the home	7832
shall pay tuition to the county board computed in the manner	7833
prescribed by section 3323.141 of the Revised Code.	7834

(2) The board shall prepare a report for each school district	7835
that is the school district of residence of one or more of such	7836
children for whom statements are not required by division (C)(1)	7837
of this section. The report shall contain the name of the county	7838
board providing special education, the name of each child	7839
receiving special education, the number of months, including	7840
fractions of a month, that the child received it, and the name of	7841
the child's school district of residence. Not later than the	7842
thirtieth day of June, the board shall forward certified copies of	7843
each report to the school district named in the report, the	7844
superintendent of public instruction, and the director of ~~mental~~	7845
~~retardation and~~ developmental disabilities.	7846

Sec. 3323.091. (A) The department of mental health, the	7847
department of ~~mental retardation and~~ developmental disabilities,	7848
the department of youth services, and the department of	7849
rehabilitation and correction shall establish and maintain special	7850
education programs for children with disabilities in institutions	7851
under their jurisdiction according to standards adopted by the	7852
state board of education.	7853

(B) The superintendent of each state institution required to	7854
provide services under division (A) of this section, and each	7855
county MR/DD board, providing special education for preschool	7856
children with disabilities under this chapter may apply to the	7857
state department of education for unit funding, which shall be	7858
paid in accordance with sections 3317.052 and 3317.053 of the	7859
Revised Code.	7860

The superintendent of each state institution required to	7861
provide services under division (A) of this section may apply to	7862
the department of education for special education and related	7863
services weighted funding for children with disabilities other	7864
than preschool children with disabilities, calculated in	7865
accordance with section 3317.201 of the Revised Code.	7866

Each county MR/DD board providing special education for	7867
children with disabilities other than preschool children with	7868
disabilities may apply to the department of education for base	7869
cost and special education and related services weighted funding	7870
calculated in accordance with section 3317.20 of the Revised	7871
Code.	7872

(C) In addition to the authorization to apply for state	7873
funding described in division (B) of this section, each state	7874
institution required to provide services under division (A) of	7875
this section is entitled to tuition payments calculated in the	7876
manner described in division (C) of this section.	7877

On or before the thirtieth day of June of each year, the	7878
superintendent of each institution that during the school year	7879
provided special education pursuant to this section shall prepare	7880
a statement for each child with a disability under twenty-two	7881
years of age who has received special education. The statement	7882
shall contain the child's data verification code assigned	7883
pursuant to division (D)(2) of section 3301.0714 of the Revised	7884
Code and the name of the child's school district of residence.	7885
Within sixty days after receipt of such statement, the department	7886
of education shall perform one of the following:	7887

(1) For any child except a preschool child with a disability	7888
described in division (C)(2) of this section, pay to the	7889
institution submitting the statement an amount equal to the	7890
tuition calculated under division (A) of section 3317.08 of the	7891
Revised Code for the period covered by the statement, and deduct	7892
the same from the amount of state funds, if any, payable under	7893
sections 3317.022 and 3317.023 of the Revised Code, to the child's	7894
school district of residence or, if the amount of such state funds	7895
is insufficient, require the child's school district of residence	7896
to pay the institution submitting the statement an amount equal to	7897
the amount determined under this division.	7898

(2) For any preschool child with a disability not included	7899
in a unit approved under division (B) of section 3317.05 of the	7900
Revised Code, perform the following:	7901

(a) Pay to the institution submitting the statement an amount	7902
equal to the tuition calculated under division (B) of section	7903
3317.08 of the Revised Code for the period covered by the	7904
statement, except that in calculating the tuition under that	7905
section the operating expenses of the institution submitting the	7906
statement under this section shall be used instead of the	7907
operating expenses of the school district of residence;	7908

(b) Deduct from the amount of state funds, if any, payable	7909
under sections 3317.022 and 3317.023 of the Revised Code to the	7910
child's school district of residence an amount equal to the amount	7911
paid under division (C)(2)(a) of this section.	7912

Sec. 3323.141. (A) When a child who is not in the legal or	7913
permanent custody of an Ohio resident or a government agency in	7914
this state and whose natural or adoptive parents are not known to	7915
have been residents of this state subsequent to the child's birth	7916
is a resident of a home as defined in section 3313.64 of the	7917
Revised Code and receives special education and related services	7918
from a school district or county MR/DD board, the home shall pay	7919
tuition to the board providing the special education.	7920

(B) In the case of a child described in division (A) of this	7921
section who receives special education and related services from a	7922
school district, tuition shall be the amount determined under	7923
division (B)(1) or (2) of this section.	7924

(1) For a child other than a child described in division	7925
(B)(2) of this section the tuition shall be an amount equal to the	7926
sum of the following:	7927

(a) Tuition as determined in the manner provided for by	7928
division (B) of section 3317.081 of the Revised Code for the	7929
district that provides the special education;	7930

(b) Such excess cost as is determined by using a formula	7931
established by rule of the department of education. The excess	7932
cost computed in this section shall not be used as excess cost	7933
computed under section 3323.14 of the Revised Code.	7934

(2) For a child who is a preschool child with a disability	7935
not included in a unit approved under division (B) of section	7936
3317.05 of the Revised Code, the tuition shall be computed as	7937
follows:	7938

(a) Determine the amount of the tuition of the district	7939
providing the education for the child as calculated under division	7940
(B) of section 3317.08 of the Revised Code;	7941

(b) For each type of special education service included in	7942
the computation of the amount of tuition under division (B)(2)(a)	7943
of this section, divide the amount determined for that computation	7944
under division (B)(2) of section 3317.08 of the Revised Code by	7945
the total number of preschool children with disabilities used for	7946
that computation under division (B)(3) of section 3317.08 of the	7947
Revised Code;	7948

(c) Determine the sum of the quotients obtained under	7949
division (B)(2)(b) of this section;	7950

(d) Determine the sum of the amounts determined under	7951
divisions (B)(2)(a) and (c) of this section.	7952

(C) In the case of a child described in division (A) of this	7953
section who receives special education and related services from a	7954
county MR/DD board, tuition shall be the amount determined under	7955
division (C)(1) or (2) of this section.	7956

(1) For a child other than a child described in division	7957
(C)(2) of this section, the tuition shall be an amount equal to	7958
such board's per capita cost of providing special education and	7959
related services for children at least three but less than	7960
twenty-two years of age as determined by using a formula	7961
established by rule of the department of ~~mental retardation and~~	7962
developmental disabilities.	7963

(2) For a child who is a preschool child with a disability	7964
not included in a unit approved under division (B) of section	7965
3317.05 of the Revised Code, the tuition shall equal the sum of	7966
the amounts of each such board's per capita cost of providing	7967
each of the special education or related service that the child	7968
receives. The calculation of tuition shall be made by using a	7969
formula established by rule of the department of ~~mental~~	7970
~~retardation and~~ developmental disabilities. The formula for the	7971
calculation of per capita costs under division (C)(2) of this	7972
section shall be based only on each such MR/DD board's cost of	7973
providing each type of special education or related service to	7974
preschool children with disabilities not included in a unit	7975
approved under division (B) of section 3317.05 of the Revised	7976
Code.	7977

(D) If a home fails to pay the tuition required under this	7978
section, the board of education or county MR/DD board providing	7979
the education may recover in a civil action the tuition and the	7980
expenses incurred in prosecuting the action, including court	7981
costs and reasonable attorney's fees. If the prosecuting attorney	7982
or city director of law represents the board in such action,	7983
costs and reasonable attorney's fees awarded by the court, based	7984
upon the time spent preparing and presenting the case by the	7985
prosecuting attorney, director, or a designee of either, shall be	7986
deposited in the county or city general fund.	7987

Sec. 3323.31. The Franklin county educational service center	7988
shall establish the Ohio Center for Autism and Low Incidence. The	7989
Center shall administer programs and coordinate services for	7990
infants, preschool and school-age children, and adults with autism	7991
and low incidence disabilities. The Center's principal focus shall	7992
be programs and services for persons with autism. The Center shall	7993
be under the direction of an executive director, appointed by the	7994
superintendent of the service center in consultation with the	7995
advisory board established under section 3323.33 of the Revised	7996
Code.	7997

In addition to its other duties, the Ohio Center for Autism	7998
and Low Incidence shall participate as a member of an interagency	7999
workgroup on autism, as it is established by the department of	8000
~~mental retardation and~~ developmental disabilities and shall	8001
provide technical assistance and support to the department in the	8002
department's leadership role to develop and implement the	8003
initiatives identified by the workgroup.	8004

Sec. 3501.01. As used in the sections of the Revised Code	8005
relating to elections and political communications:	8006

(A) "General election" means the election held on the first	8007
Tuesday after the first Monday in each November.	8008

(B) "Regular municipal election" means the election held on	8009
the first Tuesday after the first Monday in November in each	8010
odd-numbered year.	8011

(C) "Regular state election" means the election held on the	8012
first Tuesday after the first Monday in November in each	8013
even-numbered year.	8014

(D) "Special election" means any election other than those	8015
elections defined in other divisions of this section. A special	8016
election may be held only on the first Tuesday after the first	8017
Monday in February, May, August, or November, or on the day	8018
authorized by a particular municipal or county charter for the	8019
holding of a primary election, except that in any year in which a	8020
presidential primary election is held, no special election shall	8021
be held in February or May, except as authorized by a municipal or	8022
county charter, but may be held on the first Tuesday after the	8023
first Monday in March.	8024

(E)(1) "Primary" or "primary election" means an election held	8025
for the purpose of nominating persons as candidates of political	8026
parties for election to offices, and for the purpose of electing	8027
persons as members of the controlling committees of political	8028
parties and as delegates and alternates to the conventions of	8029
political parties. Primary elections shall be held on the first	8030
Tuesday after the first Monday in May of each year except in years	8031
in which a presidential primary election is held.	8032

(2) "Presidential primary election" means a primary election	8033
as defined by division (E)(1) of this section at which an election	8034
is held for the purpose of choosing delegates and alternates to	8035
the national conventions of the major political parties pursuant	8036
to section 3513.12 of the Revised Code. Unless otherwise	8037
specified, presidential primary elections are included in	8038
references to primary elections. In years in which a presidential	8039
primary election is held, all primary elections shall be held on	8040
the first Tuesday after the first Monday in March except as	8041
otherwise authorized by a municipal or county charter.	8042

(F) "Political party" means any group of voters meeting the	8043
requirements set forth in section 3517.01 of the Revised Code for	8044
the formation and existence of a political party.	8045

(1) "Major political party" means any political party	8046
organized under the laws of this state whose candidate for	8047
governor or nominees for presidential electors received no less	8048
than twenty per cent of the total vote cast for such office at the	8049
most recent regular state election.	8050

(2) "Intermediate political party" means any political party	8051
organized under the laws of this state whose candidate for	8052
governor or nominees for presidential electors received less than	8053
twenty per cent but not less than ten per cent of the total vote	8054
cast for such office at the most recent regular state election.	8055

(3) "Minor political party" means any political party	8056
organized under the laws of this state whose candidate for	8057
governor or nominees for presidential electors received less than	8058
ten per cent but not less than five per cent of the total vote	8059
cast for such office at the most recent regular state election or	8060
which has filed with the secretary of state, subsequent to any	8061
election in which it received less than five per cent of such	8062
vote, a petition signed by qualified electors equal in number to	8063
at least one per cent of the total vote cast for such office in	8064
the last preceding regular state election, except that a newly	8065
formed political party shall be known as a minor political party	8066
until the time of the first election for governor or president	8067
which occurs not less than twelve months subsequent to the	8068
formation of such party, after which election the status of such	8069
party shall be determined by the vote for the office of governor	8070
or president.	8071

(G) "Dominant party in a precinct" or "dominant political	8072
party in a precinct" means that political party whose candidate	8073
for election to the office of governor at the most recent regular	8074
state election at which a governor was elected received more votes	8075
than any other person received for election to that office in such	8076
precinct at such election.	8077

(H) "Candidate" means any qualified person certified in	8078
accordance with the provisions of the Revised Code for placement	8079
on the official ballot of a primary, general, or special election	8080
to be held in this state, or any qualified person who claims to be	8081
a write-in candidate, or who knowingly assents to being	8082
represented as a write-in candidate by another at either a	8083
primary, general, or special election to be held in this state.	8084

(I) "Independent candidate" means any candidate who claims	8085
not to be affiliated with a political party, and whose name has	8086
been certified on the office-type ballot at a general or special	8087
election through the filing of a statement of candidacy and	8088
nominating petition, as prescribed in section 3513.257 of the	8089
Revised Code.	8090

(J) "Nonpartisan candidate" means any candidate whose name is	8091
required, pursuant to section 3505.04 of the Revised Code, to be	8092
listed on the nonpartisan ballot, including all candidates for	8093
judicial office, for member of any board of education, for	8094
municipal or township offices in which primary elections are not	8095
held for nominating candidates by political parties, and for	8096
offices of municipal corporations having charters that provide for	8097
separate ballots for elections for these offices.	8098

(K) "Party candidate" means any candidate who claims to be a	8099
member of a political party, whose name has been certified on the	8100
office-type ballot at a general or special election through the	8101
filing of a declaration of candidacy and petition of candidate,	8102
and who has won the primary election of the candidate's party for	8103
the public office the candidate seeks or is selected by party	8104
committee in accordance with section 3513.31 of the Revised Code.	8105

(L) "Officer of a political party" includes, but is not	8106
limited to, any member, elected or appointed, of a controlling	8107
committee, whether representing the territory of the state, a	8108
district therein, a county, township, a city, a ward, a precinct,	8109
or other territory, of a major, intermediate, or minor political	8110
party.	8111

(M) "Question or issue" means any question or issue certified	8112
in accordance with the Revised Code for placement on an official	8113
ballot at a general or special election to be held in this state.	8114

(N) "Elector" or "qualified elector" means a person having	8115
the qualifications provided by law to be entitled to vote.	8116

(O) "Voter" means an elector who votes at an election.

8117

(P) "Voting residence" means that place of residence of an	8118
elector which shall determine the precinct in which the elector	8119
may vote.	8120

(Q) "Precinct" means a district within a county established	8121
by the board of elections of such county within which all	8122
qualified electors having a voting residence therein may vote at	8123
the same polling place.	8124

(R) "Polling place" means that place provided for each	8125
precinct at which the electors having a voting residence in such	8126
precinct may vote.	8127

(S) "Board" or "board of elections" means the board of	8128
elections appointed in a county pursuant to section 3501.06 of the	8129
Revised Code.	8130

(T) "Political subdivision" means a county, township, city,	8131
village, or school district.	8132

(U) "Election officer" or "election official" means any of	8133
the following:	8134

(1) Secretary of state;

8135

(2) Employees of the secretary of state serving the division	8136
of elections in the capacity of attorney, administrative officer,	8137
administrative assistant, elections administrator, office manager,	8138
or clerical supervisor;	8139

(3) Director of a board of elections;

8140

(4) Deputy director of a board of elections;

8141

(5) Member of a board of elections;

8142

(6) Employees of a board of elections;

8143

(7) Precinct polling place judges;

8144

(8) Employees appointed by the boards of elections on a	8145
temporary or part-time basis.	8146

(V) "Acknowledgment notice" means a notice sent by a board of	8147
elections, on a form prescribed by the secretary of state,	8148
informing a voter registration applicant or an applicant who	8149
wishes to change the applicant's residence or name of the status	8150
of the application; the information necessary to complete or	8151
update the application, if any; and if the application is	8152
complete, the precinct in which the applicant is to vote.	8153

(W) "Confirmation notice" means a notice sent by a board of	8154
elections, on a form prescribed by the secretary of state, to a	8155
registered elector to confirm the registered elector's current	8156
address.	8157

(X) "Designated agency" means an office or agency in the	8158
state that provides public assistance or that provides	8159
state-funded programs primarily engaged in providing services to	8160
persons with disabilities and that is required by the National	8161
Voter Registration Act of 1993 to implement a program designed and	8162
administered by the secretary of state for registering voters, or	8163
any other public or government office or agency that implements a	8164
program designed and administered by the secretary of state for	8165
registering voters, including the department of job and family	8166
services, the program administered under section 3701.132 of the	8167
Revised Code by the department of health, the department of mental	8168
health, the department of ~~mental retardation and~~ developmental	8169
disabilities, the rehabilitation services commission, and any	8170
other agency the secretary of state designates. "Designated	8171
agency" does not include public high schools and vocational	8172
schools, public libraries, or the office of a county treasurer.	8173

(Y) "National Voter Registration Act of 1993" means the	8174
"National Voter Registration Act of 1993," 107 Stat. 77, 42	8175
U.S.C.A. 1973gg.	8176

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	8177
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	8178

(AA) "Photo identification" means a document that meets each	8179
of the following requirements:	8180

(1) It shows the name of the individual to whom it was	8181
issued, which shall conform to the name in the poll list or	8182
signature pollbook.	8183

(2) It shows the current address of the individual to whom it	8184
was issued, which shall conform to the address in the poll list or	8185
signature pollbook, except for a driver's license or a state	8186
identification card issued under section 4507.50 of the Revised	8187
Code, which may show either the current or former address of the	8188
individual to whom it was issued, regardless of whether that	8189
address conforms to the address in the poll list or signature	8190
pollbook.	8191

(3) It shows a photograph of the individual to whom it was	8192
issued.	8193

(4) It includes an expiration date that has not passed.

8194

(5) It was issued by the government of the United States or	8195
this state.	8196

Sec. 3701.78. (A) There is hereby created the commission on	8197
minority health, consisting of eighteen members. The governor	8198
shall appoint to the commission nine members from among health	8199
researchers, health planners, and health professionals. The	8200
speaker of the house of representatives shall appoint to the	8201
commission two members of the house of representatives, not more	8202
than one of whom is a member of the same political party, and the	8203
president of the senate shall appoint to the commission two	8204
members of the senate, not more than one of whom is a member of	8205
the same political party. The directors of health, mental health,	8206
~~mental retardation and~~ developmental disabilities, and job and	8207
family services, or their designees, and the superintendent of	8208
public instruction, or the superintendent's designee, shall be	8209
members of the commission. The commission shall elect a	8210
chairperson from among its members. Of the members appointed by	8211
the governor, five shall be appointed to initial terms of one	8212
year, and four shall be appointed to initial terms of two years.	8213
Thereafter, all members appointed by the governor shall be	8214
appointed to terms of two years. All members of the commission	8215
appointed by the speaker of the house of representatives or the	8216
president of the senate shall be nonvoting members of the	8217
commission and be appointed within thirty days after the	8218
commencement of the first regular session of each general	8219
assembly, and shall serve until the expiration of the session of	8220
the general assembly during which they were appointed. Members of	8221
the commission shall serve without compensation, but shall be	8222
reimbursed for the actual and necessary expenses they incur in the	8223
performance of their official duties.	8224

(B) The commission shall promote health and the prevention of	8225
disease among members of minority groups. Each year the commission	8226
shall distribute grants from available funds to community-based	8227
health groups to be used to promote health and the prevention of	8228
disease among members of minority groups. As used in this	8229
division, "minority group" means any of the following economically	8230
disadvantaged groups: Blacks, American Indians, Hispanics, and	8231
Orientals. The commission shall adopt and maintain rules pursuant	8232
to Chapter 119. of the Revised Code to provide for the	8233
distribution of these grants. No group shall qualify to receive a	8234
grant from the commission unless it receives at least twenty per	8235
cent of its funds from sources other than grants distributed under	8236
this section.	8237

(C) The commission may appoint such employees as it considers	8238
necessary to carry out its duties under this section. The	8239
department of health shall provide office space for the	8240
commission.	8241

(D) The commission shall meet at the call of its chairperson	8242
to conduct its official business. A majority of the voting members	8243
of the commission constitute a quorum. The votes of at least eight	8244
voting members of the commission are necessary for the commission	8245
to take any official action or to approve the distribution of	8246
grants under this section.	8247

Sec. 3705.36. Three years after the date a birth defects	8248
information system is implemented pursuant to section 3705.30 of	8249
the Revised Code, and annually thereafter, the department of	8250
health shall prepare a report regarding the birth defects	8251
information system. The council created under section 3705.34 of	8252
the Revised Code shall, not later than two years after the date a	8253
birth defects information system is implemented, specify the	8254
information the department is to include in each report. The	8255
department shall file the report with the governor, the president	8256
and minority leader of the senate, the speaker and minority leader	8257
of the house of representatives, the departments of ~~mental~~	8258
~~retardation and~~ developmental disabilities, education, and job and	8259
family services, the commission on minority health, and the news	8260
media.	8261

Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and	8262
3721.99 of the Revised Code:	8263

(1)(a) "Home" means an institution, residence, or facility	8264
that provides, for a period of more than twenty-four hours,	8265
whether for a consideration or not, accommodations to three or	8266
more unrelated individuals who are dependent upon the services of	8267
others, including a nursing home, residential care facility, home	8268
for the aging, and a veterans' home operated under Chapter 5907.	8269
of the Revised Code.	8270

(b) "Home" also means both of the following:

8271

(i) Any facility that a person, as defined in section 3702.51	8272
of the Revised Code, proposes for certification as a skilled	8273
nursing facility or nursing facility under Title XVIII or XIX of	8274
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	8275
as amended, and for which a certificate of need, other than a	8276
certificate to recategorize hospital beds as described in section	8277
3702.522 of the Revised Code or division (R)(7)(d) of the version	8278
of section 3702.51 of the Revised Code in effect immediately prior	8279
to April 20, 1995, has been granted to the person under sections	8280
3702.51 to 3702.62 of the Revised Code after August 5, 1989;	8281

(ii) A county home or district home that is or has been	8282
licensed as a residential care facility.	8283

8284

(i) Except as provided in division (A)(1)(b) of this section,	8285
a public hospital or hospital as defined in section 3701.01 or	8286
5122.01 of the Revised Code;	8287

(ii) A residential facility for mentally ill persons as	8288
defined under section 5119.22 of the Revised Code;	8289

(iii) A residential facility as defined in section 5123.19 of	8290
the Revised Code;	8291

(iv) A community alternative home as defined in section	8292
3724.01 of the Revised Code;	8293

(v) An adult care facility as defined in section 3722.01 of	8294
the Revised Code;	8295

(vi) An alcohol or drug addiction program as defined in	8296
section 3793.01 of the Revised Code;	8297

(vii) A facility licensed to provide methadone treatment	8298
under section 3793.11 of the Revised Code;	8299

(viii) A facility providing services under contract with the	8300
department of ~~mental retardation and~~ developmental disabilities	8301
under section 5123.18 of the Revised Code;	8302

(ix) A facility operated by a hospice care program licensed	8303
under section 3712.04 of the Revised Code that is used exclusively	8304
for care of hospice patients;	8305

(x) A facility, infirmary, or other entity that is operated	8306
by a religious order, provides care exclusively to members of	8307
religious orders who take vows of celibacy and live by virtue of	8308
their vows within the orders as if related, and does not	8309
participate in the medicare program established under Title XVIII	8310
of the "Social Security Act" or the medical assistance program	8311
established under Chapter 5111. of the Revised Code and Title XIX	8312
of the "Social Security Act," if on January 1, 1994, the facility,	8313
infirmary, or entity was providing care exclusively to members of	8314
the religious order;	8315

(xi) A county home or district home that has never been	8316
licensed as a residential care facility.	8317

(2) "Unrelated individual" means one who is not related to	8318
the owner or operator of a home or to the spouse of the owner or	8319
operator as a parent, grandparent, child, grandchild, brother,	8320
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	8321
uncle.	8322

(3) "Mental impairment" does not mean mental illness as	8323
defined in section 5122.01 of the Revised Code or mental	8324
retardation as defined in section 5123.01 of the Revised Code.	8325

(4) "Skilled nursing care" means procedures that require	8326
technical skills and knowledge beyond those the untrained person	8327
possesses and that are commonly employed in providing for the	8328
physical, mental, and emotional needs of the ill or otherwise	8329
incapacitated. "Skilled nursing care" includes, but is not limited	8330
to, the following:	8331

(a) Irrigations, catheterizations, application of dressings,	8332
and supervision of special diets;	8333

(b) Objective observation of changes in the patient's	8334
condition as a means of analyzing and determining the nursing care	8335
required and the need for further medical diagnosis and treatment;	8336

8337

(d) Administration of medication by any method ordered by a	8338
physician, such as hypodermically, rectally, or orally, including	8339
observation of the patient after receipt of the medication;	8340

(e) Carrying out other treatments prescribed by the physician	8341
that involve a similar level of complexity and skill in	8342
administration.	8343

(5)(a) "Personal care services" means services including, but	8344
not limited to, the following:	8345

(i) Assisting residents with activities of daily living;

8346

(ii) Assisting residents with self-administration of	8347
medication, in accordance with rules adopted under section 3721.04	8348
of the Revised Code;	8349

(iii) Preparing special diets, other than complex therapeutic	8350
diets, for residents pursuant to the instructions of a physician	8351
or a licensed dietitian, in accordance with rules adopted under	8352
section 3721.04 of the Revised Code.	8353

(b) "Personal care services" does not include "skilled	8354
nursing care" as defined in division (A)(4) of this section. A	8355
facility need not provide more than one of the services listed in	8356
division (A)(5)(a) of this section to be considered to be	8357
providing personal care services.	8358

(6) "Nursing home" means a home used for the reception and	8359
care of individuals who by reason of illness or physical or mental	8360
impairment require skilled nursing care and of individuals who	8361
require personal care services but not skilled nursing care. A	8362
nursing home is licensed to provide personal care services and	8363
skilled nursing care.	8364

(7) "Residential care facility" means a home that provides	8365
either of the following:	8366

(a) Accommodations for seventeen or more unrelated	8367
individuals and supervision and personal care services for three	8368
or more of those individuals who are dependent on the services of	8369
others by reason of age or physical or mental impairment;	8370

(b) Accommodations for three or more unrelated individuals,	8371
supervision and personal care services for at least three of those	8372
individuals who are dependent on the services of others by reason	8373
of age or physical or mental impairment, and, to at least one of	8374
those individuals, any of the skilled nursing care authorized by	8375
section 3721.011 of the Revised Code.	8376

(8) "Home for the aging" means a home that provides services	8377
as a residential care facility and a nursing home, except that the	8378
home provides its services only to individuals who are dependent	8379
on the services of others by reason of both age and physical or	8380
mental impairment.	8381

The part or unit of a home for the aging that provides	8382
services only as a residential care facility is licensed as a	8383
residential care facility. The part or unit that may provide	8384
skilled nursing care beyond the extent authorized by section	8385
3721.011 of the Revised Code is licensed as a nursing home.	8386

(9) "County home" and "district home" mean a county home or	8387
district home operated under Chapter 5155. of the Revised Code.	8388

(B) The public health council may further classify homes. For	8389
the purposes of this chapter, any residence, institution, hotel,	8390
congregate housing project, or similar facility that meets the	8391
definition of a home under this section is such a home regardless	8392
of how the facility holds itself out to the public.	8393

(C) For purposes of this chapter, personal care services or	8394
skilled nursing care shall be considered to be provided by a	8395
facility if they are provided by a person employed by or	8396
associated with the facility or by another person pursuant to an	8397
agreement to which neither the resident who receives the services	8398
nor the resident's sponsor is a party.	8399

(D) Nothing in division (A)(4) of this section shall be	8400
construed to permit skilled nursing care to be imposed on an	8401
individual who does not require skilled nursing care.	8402

Nothing in division (A)(5) of this section shall be construed	8403
to permit personal care services to be imposed on an individual	8404
who is capable of performing the activity in question without	8405
assistance.	8406

(E) Division (A)(1)(c)(x) of this section does not prohibit a	8407
facility, infirmary, or other entity described in that division	8408
from seeking licensure under sections 3721.01 to 3721.09 of the	8409
Revised Code or certification under Title XVIII or XIX of the	8410
"Social Security Act." However, such a facility, infirmary, or	8411
entity that applies for licensure or certification must meet the	8412
requirements of those sections or titles and the rules adopted	8413
under them and obtain a certificate of need from the director of	8414
health under section 3702.52 of the Revised Code.	8415

(F) Nothing in this chapter, or rules adopted pursuant to it,	8416
shall be construed as authorizing the supervision, regulation, or	8417
control of the spiritual care or treatment of residents or	8418
patients in any home who rely upon treatment by prayer or	8419
spiritual means in accordance with the creed or tenets of any	8420
recognized church or religious denomination.	8421

Sec. 3721.14. To assist in the implementation of the rights	8422
granted in division (A) of section 3721.13 of the Revised Code,	8423
each home shall provide:	8424

(A) Appropriate staff training to implement each resident's	8425
rights under division (A) of section 3721.13 of the Revised Code,	8426
including, but not limited to, explaining:	8427

(1) The resident's rights and the staff's responsibility in	8428
the implementation of the rights;	8429

(2) The staff's obligation to provide all residents who have	8430
similar needs with comparable service.	8431

(B) Arrangements for a resident's needed ancillary services;

8432

(C) Protected areas outside the home for residents to enjoy	8433
outdoor activity, within the capacity of the facility, consistent	8434
with applicable laws and rules;	8435

(D) Adequate indoor space, which need not be dedicated to	8436
that purpose, for families of residents to meet privately with	8437
families of other residents;	8438

(E) Access to the following persons to enter the home during	8439
reasonable hours, except where such access would interfere with	8440
resident care or the privacy of residents:	8441

(1) Employees of the department of health, department of	8442
mental health, department of ~~mental retardation and~~ developmental	8443
disabilities, department of aging, department of job and family	8444
services, and county departments of job and family services;	8445

(2) Prospective residents and their sponsors;

8446

(3) A resident's sponsors;

8447

(4) Residents' rights advocates;

8448

(5) A resident's attorney;

8449

(6) A minister, priest, rabbi, or other person ministering to	8450
a resident's religious needs.	8451

(F) In writing, a description of the home's grievance	8452
procedures.	8453

Sec. 3722.01. (A) As used in this chapter:

8454

(1) "Owner" means the person who owns the business of and who	8455
ultimately controls the operation of an adult care facility and to	8456
whom the manager, if different from the owner, is responsible.	8457

(2) "Manager" means the person responsible for the daily	8458
operation of an adult care facility. The manager and the owner of	8459
a facility may be the same person.	8460

(3) "Adult" means an individual eighteen years of age or	8461
older.	8462

(4) "Unrelated" means that an adult resident is not related	8463
to the owner or manager of an adult care facility or to the	8464
owner's or manager's spouse as a parent, grandparent, child,	8465
stepchild, grandchild, brother, sister, niece, nephew, aunt, or	8466
uncle, or as the child of an aunt or uncle.	8467

(5) "Skilled nursing care" means skilled nursing care as	8468
defined in section 3721.01 of the Revised Code.	8469

(6)(a) "Personal care services" means services including, but	8470
not limited to, the following:	8471

(i) Assisting residents with activities of daily living;

8472

(ii) Assisting residents with self-administration of	8473
medication, in accordance with rules adopted by the public health	8474
council pursuant to this chapter;	8475

(iii) Preparing special diets, other than complex therapeutic	8476
diets, for residents pursuant to the instructions of a physician	8477
or a licensed dietitian, in accordance with rules adopted by the	8478
public health council pursuant to this chapter.	8479

(b) "Personal care services" does not include "skilled	8480
nursing care" as defined in section 3721.01 of the Revised Code. A	8481
facility need not provide more than one of the services listed in	8482
division (A)(6)(a) of this section to be considered to be	8483
providing personal care services.	8484

(7) "Adult family home" means a residence or facility that	8485
provides accommodations to three to five unrelated adults and	8486
supervision and personal care services to at least three of those	8487
adults.	8488

(8) "Adult group home" means a residence or facility that	8489
provides accommodations to six to sixteen unrelated adults and	8490
provides supervision and personal care services to at least three	8491
of the unrelated adults.	8492

(9) "Adult care facility" means an adult family home or an	8493
adult group home. For the purposes of this chapter, any residence,	8494
facility, institution, hotel, congregate housing project, or	8495
similar facility that provides accommodations and supervision to	8496
three to sixteen unrelated adults, at least three of whom are	8497
provided personal care services, is an adult care facility	8498
regardless of how the facility holds itself out to the public.	8499
"Adult care facility" does not include:	8500

(a) A facility operated by a hospice care program licensed	8501
under section 3712.04 of the Revised Code that is used exclusively	8502
for care of hospice patients;	8503

(b) A nursing home, residential care facility, or home for	8504
the aging as defined in section 3721.01 of the Revised Code;	8505

(c) A community alternative home as defined in section	8506
3724.01 of the Revised Code;	8507

(d) An alcohol and drug addiction program as defined in	8508
section 3793.01 of the Revised Code;	8509

(e) A residential facility for the mentally ill licensed by	8510
the department of mental health under section 5119.22 of the	8511
Revised Code;	8512

(f) A facility licensed to provide methadone treatment under	8513
section 3793.11 of the Revised Code;	8514

(g) A residential facility licensed under section 5123.19 of	8515
the Revised Code or otherwise regulated by the department of	8516
~~mental retardation and~~ developmental disabilities;	8517

(h) Any residence, institution, hotel, congregate housing	8518
project, or similar facility that provides personal care services	8519
to fewer than three residents or that provides, for any number of	8520
residents, only housing, housekeeping, laundry, meal preparation,	8521
social or recreational activities, maintenance, security,	8522
transportation, and similar services that are not personal care	8523
services or skilled nursing care;	8524

(i) Any facility that receives funding for operating costs	8525
from the department of development under any program established	8526
to provide emergency shelter housing or transitional housing for	8527
the homeless;	8528

(j) A terminal care facility for the homeless that has	8529
entered into an agreement with a hospice care program under	8530
section 3712.07 of the Revised Code;	8531

(k) A facility approved by the veterans administration under	8532
section 104(a) of the "Veterans Health Care Amendments of 1983,"	8533
97 Stat. 993, 38 U.S.C.A. 630, as amended, and used exclusively	8534
for the placement and care of veterans;	8535

(l) Until January 1, 1994, the portion of a facility in which	8536
care is provided exclusively to members of a religious order if	8537
the facility is owned by or part of a nonprofit institution of	8538
higher education authorized to award degrees by the Ohio board of	8539
regents under Chapter 1713. of the Revised Code.	8540

(10) "Residents' rights advocate" means:

8541

(a) An employee or representative of any state or local	8542
government entity that has a responsibility for residents of adult	8543
care facilities and has registered with the department of health	8544
under section 3701.07 of the Revised Code;	8545

(b) An employee or representative, other than a manager or	8546
employee of an adult care facility or nursing home, of any private	8547
nonprofit corporation or association that qualifies for tax-exempt	8548
status under section 501(a) of the "Internal Revenue Code of	8549
1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, that has	8550
registered with the department of health under section 3701.07 of	8551
the Revised Code, and whose purposes include educating and	8552
counseling residents, assisting residents in resolving problems	8553
and complaints concerning their care and treatment, and assisting	8554
them in securing adequate services.	8555

(11) "Sponsor" means an adult relative, friend, or guardian	8556
of a resident of an adult care facility who has an interest in or	8557
responsibility for the resident's welfare.	8558

(12) "Ombudsperson" means a "representative of the office of	8559
the state long-term care ombudsperson program" as defined in	8560
section 173.14 of the Revised Code.	8561

(13) "Mental health agency" means a community mental health	8562
agency, as defined in section 5119.22 of the Revised Code, under	8563
contract with a board of alcohol, drug addiction, and mental	8564
health services pursuant to division (A)(8)(a) of section 340.03	8565
of the Revised Code.	8566

(B) For purposes of this chapter, personal care services or	8567
skilled nursing care shall be considered to be provided by a	8568
facility if they are provided by a person employed by or	8569
associated with the facility or by another person pursuant to an	8570
agreement to which neither the resident who receives the services	8571
nor the resident's sponsor is a party.	8572

(C) Nothing in division (A)(6) of this section shall be	8573
construed to permit personal care services to be imposed upon a	8574
resident who is capable of performing the activity in question	8575
without assistance.	8576

Sec. 3727.01. As used in this section, "health maintenance	8577
organization" means a public or private organization organized	8578
under the law of any state that is qualified under section 1310(d)	8579
of Title XIII of the "Public Health Service Act," 87 Stat. 931	8580
(1973), 42 U.S.C. 300e-9, or that does all of the following:	8581

(A) Provides or otherwise makes available to enrolled	8582
participants health care services including at least the following	8583
basic health care services: usual physician services,	8584
hospitalization, laboratory, x-ray, emergency and preventive	8585
service, and out-of-area coverage;	8586

(B) Is compensated, except for copayments, for the provision	8587
of basic health care services to enrolled participants by a	8588
payment that is paid on a periodic basis without regard to the	8589
date the health care services are provided and that is fixed	8590
without regard to the frequency, extent, or kind of health service	8591
actually provided;	8592

(C) Provides physician services primarily in either of the	8593
following ways:	8594

(1) Directly through physicians who are either employees or	8595
partners of the organization;	8596

(2) Through arrangements with individual physicians or one or	8597
more groups of physicians organized on a group-practice or	8598
individual-practice basis.	8599

As used in this chapter, "hospital" means an institution	8600
classified as a hospital under section 3701.07 of the Revised Code	8601
in which are provided to inpatients diagnostic, medical, surgical,	8602
obstetrical, psychiatric, or rehabilitation care for a continuous	8603
period longer than twenty-four hours or a hospital operated by a	8604
health maintenance organization. "Hospital" does not include a	8605
facility licensed under Chapter 3721. of the Revised Code, a	8606
health care facility operated by the department of mental health	8607
or the department of ~~mental retardation and~~ developmental	8608
disabilities, a health maintenance organization that does not	8609
operate a hospital, the office of any private licensed health care	8610
professional, whether organized for individual or group practice,	8611
or a clinic that provides ambulatory patient services and where	8612
patients are not regularly admitted as inpatients. "Hospital" also	8613
does not include an institution for the sick that is operated	8614
exclusively for patients who use spiritual means for healing and	8615
for whom the acceptance of medical care is inconsistent with their	8616
religious beliefs, accredited by a national accrediting	8617
organization, exempt from federal income taxation under section	8618
501 of the Internal Revenue Code of 1986, 100 Stat. 2085, 26	8619
U.S.C.A. 1, as amended, and providing twenty-four hour nursing	8620
care pursuant to the exemption in division (E) of section 4723.32	8621
of the Revised Code from the licensing requirements of Chapter	8622
4723. of the Revised Code.	8623

Sec. 3735.58. (A) The director of mental health, the	8624
director of ~~mental retardation and~~ developmental disabilities, or	8625
the director of rehabilitation and correction may enter into	8626
contracts for the sale of land not needed by their departments and	8627
under their jurisdiction or supervision to metropolitan housing	8628
authorities for use by such an authority for a housing project or	8629
projects. Such contract may contain such conditions and terms as	8630
are, in the discretion of the directors, in the best interests of	8631
the state and the welfare of the residents of the state.	8632

(B) The director may, upon receipt of a request from a	8633
metropolitan housing authority, request the approval of the	8634
governor to sell and convey land not needed by ~~his~~the director's	8635
department and under ~~his~~the director's jurisdiction or	8636
supervision to an authority, subject to such terms and conditions	8637
consistent with the public interest and welfare of the residents	8638
of the state as the director considers necessary. The governor,	8639
with the approval of the controlling board, may approve the	8640
request. Such property shall be appraised at its fair market value	8641
before it is conveyed. The director of administrative services	8642
shall cause it to be appraised by three disinterested persons and	8643
shall determine the fee which each appraiser shall receive, not to	8644
exceed fifty dollars. All appraisal fees shall be paid by the	8645
authority which shall deposit with the director one hundred fifty	8646
dollars before the appraisal is made. If the deposit exceeds the	8647
appraisal fee, the balance shall be returned to the authority. The	8648
appraisal value, when approved by the director, is the purchase	8649
price. If the purchase price is not paid within ninety days after	8650
notice to the authority of the approved appraisal value, the	8651
director shall withdraw ~~his~~ approval of the appraisal value and no	8652
deed shall be delivered to the authority without the written	8653
approval of the director of the purchase price. If the purchase	8654
price is paid within ninety days, a deed shall be prepared and	8655
recorded pursuant to section 5301.13 of the Revised Code.	8656

(C) Moneys received from sales of land to a metropolitan	8657
housing authority shall be placed in the state treasury in special	8658
funds, to be used for such purposes of the department of mental	8659
health, the department of ~~mental retardation and~~ developmental	8660
disabilities, or the department of rehabilitation and correction	8661
as is appropriate.	8662

Sec. 4115.32. (A) Subject to section 4115.36 of the Revised	8663
Code, there is hereby created the state committee for the purchase	8664
of products and services provided by persons with severe	8665
disabilities. The committee shall be composed ex officio of the	8666
following persons, or their designees:	8667

(1) The directors of administrative services, mental health,	8668
~~mental retardation and~~ developmental disabilities, transportation,	8669
natural resources, and commerce;	8670

(2) The administrators of the rehabilitation services	8671
commission and the bureau of workers' compensation;	8672

(3) The secretary of state;

8673

(4) One representative of a purchasing department of a	8674
political subdivision who is designated by the governor.	8675

The governor shall appoint two representatives of a qualified	8676
nonprofit agency for persons with severe disabilities, and a	8677
person with a severe disability to the committee.	8678

(B) Within thirty days after September 29, 1995, the governor	8679
shall appoint the representatives of a qualified nonprofit agency	8680
for persons with severe disabilities to the committee for a term	8681
ending August 31, 1996. Thereafter, terms for such representatives	8682
are for three years, each term ending on the same day of the same	8683
month of the year as did the term that it succeeds. Each committee	8684
member shall serve from the date of the member's appointment until	8685
the end of the term for which the member was appointed. Vacancies	8686
shall be filled in the same manner provided for original	8687
appointments. Any member appointed to fill a vacancy occurring	8688
prior to the expiration date of the term for which the member's	8689
predecessor was appointed shall serve as a member for the	8690
remainder of that term. A member shall serve subsequent to the	8691
expiration of the member's term and shall continue to serve until	8692
the member's successor takes office.	8693

(C) Members of the committee shall serve without	8694
compensation. Except as otherwise provided in divisions (C)(1) and	8695
(2) of this section, members shall be reimbursed for actual and	8696
necessary expenses, including travel expenses, incurred while away	8697
from their homes or regular places of business and incurred while	8698
performing services for the committee.	8699

(1) The members listed in divisions (A)(1) to (3) of this	8700
section, or their designees, shall not be reimbursed for any	8701
expenses.	8702

(2) No member of the committee who is entitled to receive	8703
reimbursement for the performance of services for the committee	8704
from another agency or entity shall receive reimbursement from the	8705
committee.	8706

(D) The committee shall elect from among its members a	8707
chairperson. The committee may request from any agency of the	8708
state, political subdivision, or instrumentality of the state any	8709
information necessary to enable it to carry out the intent of	8710
sections 4115.31 to 4115.35 of the Revised Code. Upon request of	8711
the committee, the agency, subdivision, or instrumentality shall	8712
furnish the information to the chairperson of the committee.	8713

(E) The committee shall not later than one hundred eighty	8714
days following the close of each fiscal year transmit to the	8715
governor, the general assembly, and each qualified nonprofit	8716
agency for persons with severe disabilities a report that includes	8717
the names of the committee members serving during the preceding	8718
fiscal year, the dates of committee meetings in that year, and any	8719
recommendations for changes in sections 4115.31 to 4115.35 of the	8720
Revised Code that the committee determines are necessary.	8721

(F) The director of administrative services shall designate a	8722
subordinate to act as executive director of the committee and	8723
shall furnish other staff and clerical assistance, office space,	8724
and supplies required by the committee.	8725

Sec. 4723.071. (A) As used in this section, "health-related	8726
activities," "MR/DD personnel," "prescribed medication," and "tube	8727
feeding" have the same meanings as in section 5123.41 of the	8728
Revised Code.	8729

(B) The board of nursing shall adopt rules as it considers	8730
necessary to govern nursing delegation as it applies to MR/DD	8731
personnel who administer prescribed medications, perform	8732
health-related activities, and perform tube feedings pursuant to	8733
the authority granted under section 5123.42 of the Revised Code.	8734
The board shall not establish in the rules any requirement that is	8735
inconsistent with the authority of MR/DD personnel granted under	8736
that section. The rules shall be adopted in accordance with	8737
Chapter 119. of the Revised Code.	8738

(C) The board of nursing may accept complaints from any	8739
person or government entity regarding the performance or	8740
qualifications of MR/DD personnel who administer prescribed	8741
medications, perform health-related activities, and perform tube	8742
feedings pursuant to the authority granted under section 5123.42	8743
of the Revised Code. The board shall refer all complaints received	8744
to the department of ~~mental retardation and~~ developmental	8745
disabilities. The board may participate in an investigation of a	8746
complaint being conducted by the department under section 5123.421	8747
of the Revised Code.	8748

Sec. 5101.35. (A) As used in this section:

8749

(1) "Agency" means the following entities that administer a	8750
family services program:	8751

(a) The department of job and family services;

8752

(b) A county department of job and family services;

8753

8754

(d) A private or government entity administering, in whole or	8755
in part, a family services program for or on behalf of the	8756
department of job and family services or a county department of	8757
job and family services or public children services agency.	8758

(2) "Appellant" means an applicant, participant, former	8759
participant, recipient, or former recipient of a family services	8760
program who is entitled by federal or state law to a hearing	8761
regarding a decision or order of the agency that administers the	8762
program.	8763

(3) "Family services program" means assistance provided under	8764
a Title IV-A program as defined in section 5101.80 of the Revised	8765
Code or under Chapter 5104., 5111., or 5115. or section 173.35,	8766
5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or 5153.165 of the	8767
Revised Code, other than assistance provided under section 5101.46	8768
of the Revised Code by the department of mental health, the	8769
department of ~~mental retardation and~~ developmental disabilities, a	8770
board of alcohol, drug addiction, and mental health services, or a	8771
county board of mental retardation and developmental disabilities.	8772

(B) Except as provided by divisions (G) and (H) of this	8773
section, an appellant who appeals under federal or state law a	8774
decision or order of an agency administering a family services	8775
program shall, at the appellant's request, be granted a state	8776
hearing by the department of job and family services. This state	8777
hearing shall be conducted in accordance with rules adopted under	8778
this section. The state hearing shall be recorded, but neither the	8779
recording nor a transcript of the recording shall be part of the	8780
official record of the proceeding. A state hearing decision is	8781
binding upon the agency and department, unless it is reversed or	8782
modified on appeal to the director of job and family services or a	8783
court of common pleas.	8784

(C) Except as provided by division (G) of this section, an	8785
appellant who disagrees with a state hearing decision may make an	8786
administrative appeal to the director of job and family services	8787
in accordance with rules adopted under this section. This	8788
administrative appeal does not require a hearing, but the director	8789
or the director's designee shall review the state hearing decision	8790
and previous administrative action and may affirm, modify, remand,	8791
or reverse the state hearing decision. Any person designated to	8792
make an administrative appeal decision on behalf of the director	8793
shall have been admitted to the practice of law in this state. An	8794
administrative appeal decision is the final decision of the	8795
department and is binding upon the department and agency, unless	8796
it is reversed or modified on appeal to the court of common pleas.	8797

(D) An agency shall comply with a decision issued pursuant to	8798
division (B) or (C) of this section within the time limits	8799
established by rules adopted under this section. If a county	8800
department of job and family services or a public children	8801
services agency fails to comply within these time limits, the	8802
department may take action pursuant to section 5101.24 of the	8803
Revised Code. If another agency fails to comply within the time	8804
limits, the department may force compliance by withholding funds	8805
due the agency or imposing another sanction established by rules	8806
adopted under this section.	8807

(E) An appellant who disagrees with an administrative appeal	8808
decision of the director of job and family services or the	8809
director's designee issued under division (C) of this section may	8810
appeal from the decision to the court of common pleas pursuant to	8811
section 119.12 of the Revised Code. The appeal shall be governed	8812
by section 119.12 of the Revised Code except that:	8813

(1) The person may appeal to the court of common pleas of the	8814
county in which the person resides, or to the court of common	8815
pleas of Franklin county if the person does not reside in this	8816
state.	8817

(2) The person may apply to the court for designation as an	8818
indigent and, if the court grants this application, the appellant	8819
shall not be required to furnish the costs of the appeal.	8820

(3) The appellant shall mail the notice of appeal to the	8821
department of job and family services and file notice of appeal	8822
with the court within thirty days after the department mails the	8823
administrative appeal decision to the appellant. For good cause	8824
shown, the court may extend the time for mailing and filing notice	8825
of appeal, but such time shall not exceed six months from the date	8826
the department mails the administrative appeal decision. Filing	8827
notice of appeal with the court shall be the only act necessary to	8828
vest jurisdiction in the court.	8829

(4) The department shall be required to file a transcript of	8830
the testimony of the state hearing with the court only if the	8831
court orders the department to file the transcript. The court	8832
shall make such an order only if it finds that the department and	8833
the appellant are unable to stipulate to the facts of the case and	8834
that the transcript is essential to a determination of the appeal.	8835
The department shall file the transcript not later than thirty	8836
days after the day such an order is issued.	8837

(F) The department of job and family services shall adopt	8838
rules in accordance with Chapter 119. of the Revised Code to	8839
implement this section, including rules governing the following:	8840

(1) State hearings under division (B) of this section. The	8841
rules shall include provisions regarding notice of eligibility	8842
termination and the opportunity of an appellant appealing a	8843
decision or order of a county department of job and family	8844
services to request a county conference with the county department	8845
before the state hearing is held.	8846

(2) Administrative appeals under division (C) of this	8847
section;	8848

(3) Time limits for complying with a decision issued under	8849
division (B) or (C) of this section;	8850

(4) Sanctions that may be applied against an agency under	8851
division (D) of this section.	8852

(G) The department of job and family services may adopt rules	8853
in accordance with Chapter 119. of the Revised Code establishing	8854
an appeals process for an appellant who appeals a decision or	8855
order regarding a Title IV-A program identified under division	8856
(A)(4)(c), (d), (e), or (f) of section 5101.80 of the Revised Code	8857
that is different from the appeals process established by this	8858
section. The different appeals process may include having a state	8859
agency that administers the Title IV-A program pursuant to an	8860
interagency agreement entered into under section 5101.801 of the	8861
Revised Code administer the appeals process.	8862

(H) If an appellant receiving medicaid through a health	8863
insuring corporation that holds a certificate of authority under	8864
Chapter 1751. of the Revised Code is appealing a denial of	8865
medicaid services based on lack of medical necessity or other	8866
clinical issues regarding coverage by the health insuring	8867
corporation, the person hearing the appeal may order an	8868
independent medical review if that person determines that a review	8869
is necessary. The review shall be performed by a health care	8870
professional with appropriate clinical expertise in treating the	8871
recipient's condition or disease. The department shall pay the	8872
costs associated with the review.	8873

A review ordered under this division shall be part of the	8874
record of the hearing and shall be given appropriate evidentiary	8875
consideration by the person hearing the appeal.	8876

(I) The requirements of Chapter 119. of the Revised Code	8877
apply to a state hearing or administrative appeal under this	8878
section only to the extent, if any, specifically provided by rules	8879
adopted under this section.	8880

Sec. 5101.46. (A) As used in this section:

8881

(1) "Title XX" means Title XX of the "Social Security Act,"	8882
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	8883

(2) "Respective local agency" means, with respect to the	8884
department of job and family services, a county department of job	8885
and family services; with respect to the department of mental	8886
health, a board of alcohol, drug addiction, and mental health	8887
services; and with respect to the department of ~~mental retardation~~	8888
~~and~~ developmental disabilities, a county board of mental	8889
retardation and developmental disabilities.	8890

(3) "Federal poverty guidelines" means the poverty guidelines	8891
as revised annually by the United States department of health and	8892
human services in accordance with section 673(2) of the "Omnibus	8893
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	8894
9902, as amended, for a family size equal to the size of the	8895
family of the person whose income is being determined.	8896

(B) The departments of job and family services, mental	8897
health, and ~~mental retardation and~~ developmental disabilities,	8898
with their respective local agencies, shall administer the	8899
provision of social services funded through grants made under	8900
Title XX. The social services furnished with Title XX funds shall	8901
be directed at the following goals:	8902

(1) Achieving or maintaining economic self-support to	8903
prevent, reduce, or eliminate dependency;	8904

(2) Achieving or maintaining self-sufficiency, including	8905
reduction or prevention of dependency;	8906

(3) Preventing or remedying neglect, abuse, or exploitation	8907
of children and adults unable to protect their own interests, or	8908
preserving, rehabilitating, or reuniting families;	8909

(4) Preventing or reducing inappropriate institutional care	8910
by providing for community-based care, home-based care, or other	8911
forms of less intensive care;	8912

(5) Securing referral or admission for institutional care	8913
when other forms of care are not appropriate, or providing	8914
services to individuals in institutions.	8915

(C)(1) All federal funds received under Title XX shall be	8916
appropriated as follows:	8917

(a) Seventy-two and one-half per cent to the department of	8918
job and family services;	8919

(b) Twelve and ninety-three one-hundreths per cent to the	8920
department of mental health;	8921

(c) Fourteen and fifty-seven one-hundreths per cent to the	8922
department of ~~mental retardation and~~ developmental disabilities.	8923

(2) Each state department shall, subject to the approval of	8924
the controlling board, develop formulas for the distribution of	8925
their Title XX appropriations to their respective local agencies.	8926
The formulas shall take into account the total population of the	8927
area that is served by the agency, the percentage of the	8928
population in the area that falls below the federal poverty	8929
guidelines, and the agency's history of and ability to utilize	8930
Title XX funds.	8931

(3) Each of the state departments shall expend no more than	8932
three per cent of its Title XX appropriation for state	8933
administrative costs. Each of the department's respective local	8934
agencies shall expend no more than fourteen per cent of its Title	8935
XX appropriation for local administrative costs.	8936

(4) The department of job and family services shall expend no	8937
more than two per cent of its Title XX appropriation for the	8938
training of the following:	8939

(a) Employees of county departments of job and family	8940
services;	8941

(b) Providers of services under contract with the state	8942
departments' respective local agencies;	8943

(c) Employees of a public children services agency directly	8944
engaged in providing Title XX services.	8945

(D) The department of job and family services shall prepare a	8946
biennial comprehensive Title XX social services plan on the	8947
intended use of Title XX funds. The department shall develop a	8948
method for obtaining public comment during the development of the	8949
plan and following its completion.	8950

For each state fiscal year, the department of job and family	8951
services shall prepare a report on the actual use of Title XX	8952
funds. The department shall make the annual report available for	8953
public inspection.	8954

The departments of mental health and ~~mental retardation and~~	8955
developmental disabilities shall prepare and submit to the	8956
department of job and family services the portions of each	8957
biennial plan and annual report that apply to services for mental	8958
health and mental retardation and developmental disabilities. Each	8959
respective local agency of the three state departments shall	8960
submit information as necessary for the preparation of biennial	8961
plans and annual reports.	8962

(E) Each county department shall adopt a county profile for	8963
the administration and provision of Title XX social services in	8964
the county. In developing its county profile, the county	8965
department shall take into consideration the comments and	8966
recommendations received from the public by the county family	8967
services planning committee pursuant to section 329.06 of the	8968
Revised Code. As part of its preparation of the county profile,	8969
the county department may prepare a local needs report analyzing	8970
the need for Title XX social services.	8971

The county department shall submit the county profile to the	8972
board of county commissioners for its review. Once the county	8973
profile has been approved by the board, the county department	8974
shall file a copy of the county profile with the department of job	8975
and family services. The department shall approve the county	8976
profile if the department determines the profile provides for the	8977
Title XX social services to meet the goals specified in division	8978
(B) of this section.	8979

(F) Any of the three state departments and their respective	8980
local agencies may require that an entity under contract to	8981
provide social services with Title XX funds submit to an audit on	8982
the basis of alleged misuse or improper accounting of funds. If an	8983
audit is required, the social services provider shall reimburse	8984
the state department or local agency for the cost it incurred in	8985
conducting the audit or having the audit conducted.	8986

If an audit demonstrates that a social services provider is	8987
responsible for one or more adverse findings, the provider shall	8988
reimburse the appropriate state department or its respective local	8989
agency the amount of the adverse findings. The amount shall not be	8990
reimbursed with Title XX funds received under this section. The	8991
three state departments and their respective local agencies may	8992
terminate or refuse to enter into a Title XX contract with a	8993
social services provider if there are adverse findings in an audit	8994
that are the responsibility of the provider.	8995

(G) The department of job and family services may adopt rules	8996
to implement and carry out the purposes of this section. Rules	8997
governing financial and operational matters of the department or	8998
matters between the department and county departments of job and	8999
family services shall be adopted as internal management rules in	9000
accordance with section 111.15 of the Revised Code. Rules	9001
governing eligibility for services, program participation, and	9002
other matters pertaining to applicants and participants shall be	9003
adopted in accordance with Chapter 119. of the Revised Code.	9004

Sec. 5103.02. As used in sections 5103.03 to 5103.17 of the	9005
Revised Code:	9006

(A) "Association" or "institution" includes any incorporated	9007
or unincorporated organization, society, association, or agency,	9008
public or private, that receives or cares for children for two or	9009
more consecutive weeks; any individual, including the operator of	9010
a foster home, who, for hire, gain, or reward, receives or cares	9011
for children for two or more consecutive weeks, unless the	9012
individual is related to them by blood or marriage; and any	9013
individual not in the regular employ of a court, or of an	9014
institution or association certified in accordance with section	9015
5103.03 of the Revised Code, who in any manner becomes a party to	9016
the placing of children in foster homes, unless the individual is	9017
related to such children by blood or marriage, or is the appointed	9018
guardian of such children; provided, that any organization,	9019
society, association, school, agency, child guidance center,	9020
detention or rehabilitation facility, or children's clinic	9021
licensed, regulated, approved, operated under the direction of, or	9022
otherwise certified by the department of education, a local board	9023
of education, the department of youth services, the department of	9024
mental health, or the department of ~~mental retardation and~~	9025
developmental disabilities, or any individual who provides care	9026
for only a single-family group, placed there by their parents or	9027
other relative having custody, shall not be considered as being	9028
within the purview of these sections.	9029

(B) "Family foster home" means a foster home that is not a	9030
specialized foster home.	9031

(C) "Foster caregiver" means a person holding a valid foster	9032
home certificate issued under section 5103.03 of the Revised Code.	9033

(D) "Foster home" means a private residence in which children	9034
are received apart from their parents, guardian, or legal	9035
custodian, by an individual reimbursed for providing the children	9036
nonsecure care, supervision, or training twenty-four hours a day.	9037
"Foster home" does not include care provided for a child in the	9038
home of a person other than the child's parent, guardian, or legal	9039
custodian while the parent, guardian, or legal custodian is	9040
temporarily away. Family foster homes and specialized foster homes	9041
are types of foster homes.	9042

(E) "Medically fragile foster home" means a foster home that	9043
provides specialized medical services designed to meet the needs	9044
of children with intensive health care needs who meet all of the	9045
following criteria:	9046

(1) Under rules adopted by the department of job and family	9047
services governing payment under Chapter 5111. of the Revised Code	9048
for long-term care services, the children require a skilled level	9049
of care.	9050

(2) The children require the services of a doctor of medicine	9051
or osteopathic medicine at least once a week due to the	9052
instability of their medical conditions.	9053

(3) The children require the services of a registered nurse	9054
on a daily basis.	9055

(4) The children are at risk of institutionalization in a	9056
hospital, skilled nursing facility, or intermediate care facility	9057
for the mentally retarded.	9058

(F) "Recommending agency" means a public children services	9059
agency, private child placing agency, or private noncustodial	9060
agency that recommends that the department of job and family	9061
services take any of the following actions under section 5103.03	9062
of the Revised Code regarding a foster home:	9063

(1) Issue a certificate;

9064

(2) Deny a certificate;

9065

(3) Renew a certificate;

9066

(4) Deny renewal of a certificate;

9067

(5) Revoke a certificate.

9068

(G) "Specialized foster home" means a medically fragile	9069
foster home or a treatment foster home.	9070

(H) "Treatment foster home" means a foster home that	9071
incorporates special rehabilitative services designed to treat the	9072
specific needs of the children received in the foster home and	9073
that receives and cares for children who are emotionally or	9074
behaviorally disturbed, chemically dependent, mentally retarded,	9075
developmentally disabled, or who otherwise have exceptional needs.	9076

Sec. 5103.13. (A) As used in this section and section	9077
5103.131 of the Revised Code:	9078

(1)(a) "Children's crisis care facility" means a facility	9079
that has as its primary purpose the provision of residential and	9080
other care to either or both of the following:	9081

(i) One or more preteens voluntarily placed in the facility	9082
by the preteen's parent or other caretaker who is facing a crisis	9083
that causes the parent or other caretaker to seek temporary care	9084
for the preteen and referral for support services;	9085

(ii) One or more preteens placed in the facility by a public	9086
children services agency or private child placing agency that has	9087
legal custody or permanent custody of the preteen and determines	9088
that an emergency situation exists necessitating the preteen's	9089
placement in the facility rather than an institution certified	9090
under section 5103.03 of the Revised Code or elsewhere.	9091

(b) "Children's crisis care facility" does not include either	9092
of the following:	9093

(i) Any organization, society, association, school, agency,	9094
child guidance center, detention or rehabilitation facility, or	9095
children's clinic licensed, regulated, approved, operated under	9096
the direction of, or otherwise certified by the department of	9097
education, a local board of education, the department of youth	9098
services, the department of mental health, or the department of	9099
~~mental retardation and~~ developmental disabilities;	9100

(ii) Any individual who provides care for only a	9101
single-family group, placed there by their parents or other	9102
relative having custody.	9103

(2) "Legal custody" and "permanent custody" have the same	9104
meanings as in section 2151.011 of the Revised Code.	9105

(3) "Preteen" means an individual under thirteen years of	9106
age.	9107

(B) No person shall operate a children's crisis care facility	9108
or hold a children's crisis care facility out as a certified	9109
children's crisis care facility unless there is a valid children's	9110
crisis care facility certificate issued under this section for the	9111
facility.	9112

(C) A person seeking to operate a children's crisis care	9113
facility shall apply to the director of job and family services to	9114
obtain a certificate for the facility. The director shall certify	9115
the person's children's crisis care facility if the facility meets	9116
all of the certification standards established in rules adopted	9117
under division (F) of this section and the person complies with	9118
all of the rules governing the certification of children's crisis	9119
care facilities adopted under that division. The issuance of a	9120
children's crisis care facility certificate does not exempt the	9121
facility from a requirement to obtain another certificate or	9122
license mandated by law.	9123

(D)(1) No certified children's crisis care facility shall do	9124
any of the following:	9125

(a) Provide residential care to a preteen for more than one	9126
hundred twenty days in a calendar year;	9127

(b) Subject to division (D)(1)(c) of this section and except	9128
as provided in division (D)(2) of this section, provide	9129
residential care to a preteen for more than sixty consecutive	9130
days;	9131

(c) Except as provided in division (D)(3) of this section,	9132
provide residential care to a preteen for more than seventy-two	9133
consecutive hours if a public children services agency or private	9134
child placing agency placed the preteen in the facility;	9135

(d) Fail to comply with section 2151.86 of the Revised Code.

9136

(2) A certified children's crisis care facility may provide	9137
residential care to a preteen for up to ninety consecutive days,	9138
other than a preteen placed in the facility by a public children	9139
services agency or private child placing agency, if any of the	9140
following are the case:	9141

(a) The preteen's parent or other caretaker is enrolled in an	9142
alcohol and drug addiction program certified under section 3793.06	9143
of the Revised Code or a community mental health service certified	9144
under section 5119.611 of the Revised Code;	9145

(b) The preteen's parent or other caretaker is an inpatient	9146
in a hospital;	9147

9148

(d) A physician has diagnosed the preteen's parent or other	9149
caretaker as medically incapacitated.	9150

(3) A certified children's crisis care facility may provide	9151
residential care to a preteen placed in the facility by a public	9152
children services agency or private child placing agency for more	9153
than seventy-two consecutive hours if the director of job and	9154
family services or the director's designee issues the agency a	9155
waiver of the seventy-two consecutive hour limitation. The waiver	9156
may authorize the certified children's crisis care facility to	9157
provide residential care to the preteen for up to fourteen	9158
consecutive days.	9159

(E) The director of job and family services may suspend or	9160
revoke a children's crisis care facility's certificate pursuant to	9161
Chapter 119. of the Revised Code if the facility violates division	9162
(D) of this section or ceases to meet any of the certification	9163
standards established in rules adopted under division (F) of this	9164
section or the facility's operator ceases to comply with any of	9165
the rules governing the certification of children's crisis care	9166
facilities adopted under that division.	9167

(F) Not later than ninety days after ~~the effective date of~~	9168
~~this amendment~~September 21, 2006, the director of job and family	9169
services shall adopt rules pursuant to Chapter 119. of the Revised	9170
Code for the certification of children's crisis care facilities.	9171
The rules shall specify that a certificate shall not be issued to	9172
an applicant if the conditions at the children's crisis care	9173
facility would jeopardize the health or safety of the preteens	9174
placed in the facility.	9175

Sec. 5104.08. (A) There is hereby created in the department	9176
of job and family services a child care advisory council to advise	9177
and assist the department in the administration of this chapter	9178
and in the development of child care. The council shall consist of	9179
twenty-two voting members appointed by the director of job and	9180
family services with the approval of the governor. The director of	9181
job and family services, the director of ~~mental retardation and~~	9182
developmental disabilities, the director of mental health, the	9183
superintendent of public instruction, the director of health, the	9184
director of commerce, and the state fire marshal shall serve as	9185
nonvoting members of the council.	9186

Six members shall be representatives of child care centers	9187
subject to licensing, the members to represent a variety of	9188
centers, including nonprofit and proprietary, from different	9189
geographical areas of the state. At least three members shall be	9190
parents, guardians, or custodians of children receiving child care	9191
or publicly funded child care in the child's own home, a center, a	9192
type A home, a head start program, a certified type B home, or a	9193
type B home at the time of appointment. Three members shall be	9194
representatives of in-home aides, type A homes, certified type B	9195
homes, or type B homes or head start programs. At least six	9196
members shall represent county departments of job and family	9197
services. The remaining members shall be representatives of the	9198
teaching, child development, and health professions, and other	9199
individuals interested in the welfare of children. At least six	9200
members of the council shall not be employees or licensees of a	9201
child day-care center, head start program, or type A home, or	9202
providers operating a certified type B home or type B home, or	9203
in-home aides.	9204

Appointments shall be for three-year terms. Vacancies shall	9205
be filled for the unexpired terms. A member of the council is	9206
subject to removal by the director of job and family services for	9207
a willful and flagrant exercise of authority or power that is not	9208
authorized by law, for a refusal or willful neglect to perform any	9209
official duty as a member of the council imposed by law, or for	9210
being guilty of misfeasance, malfeasance, nonfeasance, or gross	9211
neglect of duty as a member of the council.	9212

There shall be two co-chairpersons of the council. One	9213
co-chairperson shall be the director of job and family services or	9214
the director's designee, and one co-chairperson shall be elected	9215
by the members of the council. The council shall meet as often as	9216
is necessary to perform its duties, provided that it shall meet at	9217
least once in each quarter of each calendar year and at the call	9218
of the co-chairpersons. The co-chairpersons or their designee	9219
shall send to each member a written notice of the date, time, and	9220
place of each meeting.	9221

Members of the council shall serve without compensation, but	9222
shall be reimbursed for necessary expenses.	9223

(B) The child care advisory council shall advise the director	9224
on matters affecting the licensing of centers and type A homes and	9225
the certification of type B homes and in-home aides. The council	9226
shall make an annual report to the director of job and family	9227
services that addresses the availability, affordability,	9228
accessibility, and quality of child care and that summarizes the	9229
recommendations and plans of action that the council has proposed	9230
to the director during the preceding fiscal year. The director of	9231
job and family services shall provide copies of the report to the	9232
governor, speaker and minority leader of the house of	9233
representatives, and the president and minority leader of the	9234
senate and, on request, shall make copies available to the public.	9235

(C) The director of job and family services shall adopt rules	9236
pursuant to Chapter 119. of the Revised Code to implement this	9237
section.	9238

Sec. 5107.24. (A) As used in this section:

9239

(1) "Adult-supervised living arrangement" means a family	9240
setting approved, licensed, or certified by the department of job	9241
and family services, the department of mental health, the	9242
department of ~~mental retardation and~~ developmental disabilities,	9243
the department of youth services, a public children services	9244
agency, a private child placing agency, or a private noncustodial	9245
agency that is maintained by a person age eighteen or older who	9246
assumes responsibility for the care and control of a minor parent,	9247
pregnant minor, or child of a minor parent or provides the minor	9248
parent, pregnant minor, or child of a minor parent supportive	9249
services, including counseling, guidance, and supervision.	9250
"Adult-supervised living arrangement" does not mean a public	9251
institution.	9252

(2) "Child of a minor parent" means a child born to a minor	9253
parent, except that the child ceases to be considered a child of	9254
minor parent when the minor parent attains age eighteen.	9255

(3) "Minor parent" means a parent who is under age eighteen	9256
and is not married.	9257

(4) "Pregnant minor" means a pregnant person who is under age	9258
eighteen and not married.	9259

(B)(1) Except as provided in division (B)(2) of this section	9260
and to the extent permitted by Title IV-A and federal regulations	9261
adopted under Title IV-A, a pregnant minor, minor parent, or child	9262
of a minor parent must reside in a place of residence maintained	9263
by a parent, guardian, custodian, or specified relative of the	9264
pregnant minor or minor parent as the parent's, guardian's,	9265
custodian's, or specified relative's own home to be eligible to	9266
participate in Ohio works first.	9267

(2) To the extent permitted by Title IV-A and federal	9268
regulations adopted under it, a pregnant minor, minor parent, or	9269
child of a minor parent is exempt from the requirement of division	9270
(B)(1) of this section if any of the following apply:	9271

(a) The minor parent or pregnant minor does not have a	9272
parent, guardian, custodian, or specified relative living or whose	9273
whereabouts are known.	9274

(b) No parent, guardian, custodian, or specified relative of	9275
the minor parent or pregnant minor will allow the pregnant minor,	9276
minor parent, or minor parent's child to live in the parent's,	9277
guardian's, custodian's, or specified relative's home.	9278

(c) The department of job and family services, a county	9279
department of job and family services, or a public children	9280
services agency determines that the physical or emotional health	9281
or safety of the pregnant minor, minor parent, or minor parent's	9282
child would be in jeopardy if the pregnant minor, minor parent, or	9283
minor parent's child lived in the same home as the parent,	9284
guardian, custodian, or specified relative.	9285

(d) The department of job and family services, a county	9286
department of job and family services, or a public children	9287
services agency otherwise determines that it is in the best	9288
interest of the pregnant minor, minor parent, or minor parent's	9289
child to waive the requirement of division (B)(1) of this section.	9290

(C) A pregnant minor, minor parent, or child of a minor	9291
parent exempt from the requirement of division (B)(1) of this	9292
section must reside in an adult-supervised living arrangement to	9293
be eligible to participate in Ohio works first.	9294

(D) The department of job and family services, whenever	9295
possible and to the extent permitted by Title IV-A and federal	9296
regulations adopted under it, shall provide cash assistance under	9297
Ohio works first to the parent, guardian, custodian, or specified	9298
relative of a pregnant minor or minor parent on behalf of the	9299
pregnant minor, minor parent, or minor parent's child.	9300

Sec. 5111.042. The departments of ~~mental retardation and~~	9301
developmental disabilities and job and family services may	9302
approve, reduce, deny, or terminate a service included in the	9303
individualized service plan developed for a medicaid recipient	9304
with mental retardation or other developmental disability who is	9305
eligible for medicaid case management services. If either	9306
department approves, reduces, denies, or terminates a service,	9307
that department shall timely notify the medicaid recipient that	9308
the recipient may request a hearing under section 5101.35 of the	9309
Revised Code.	9310

Sec. 5111.151. (A) This section applies to eligibility	9311
determinations for all cases involving medicaid provided pursuant	9312
to this chapter, qualified medicare beneficiaries, specified	9313
low-income medicare beneficiaries, qualifying individuals-1,	9314
qualifying individuals-2, and medical assistance for covered	9315
families and children.	9316

(B) As used in this section:

9317

(1) "Trust" means any arrangement in which a grantor	9318
transfers real or personal property to a trust with the intention	9319
that it be held, managed, or administered by at least one trustee	9320
for the benefit of the grantor or beneficiaries. "Trust" includes	9321
any legal instrument or device similar to a trust.	9322

(2) "Legal instrument or device similar to a trust" includes,	9323
but is not limited to, escrow accounts, investment accounts,	9324
partnerships, contracts, and other similar arrangements that are	9325
not called trusts under state law but are similar to a trust and	9326
to which all of the following apply:	9327

(a) The property in the trust is held, managed, retained, or	9328
administered by a trustee.	9329

(b) The trustee has an equitable, legal, or fiduciary duty to	9330
hold, manage, retain, or administer the property for the benefit	9331
of the beneficiary.	9332

(c) The trustee holds identifiable property for the	9333
beneficiary.	9334

(3) "Grantor" is a person who creates a trust, including all	9335
of the following:	9336

(a) An individual;

9337

(b) An individual's spouse;

9338

(c) A person, including a court or administrative body, with	9339
legal authority to act in place of or on behalf of an individual	9340
or an individual's spouse;	9341

(d) A person, including a court or administrative body, that	9342
acts at the direction or on request of an individual or the	9343
individual's spouse.	9344

(4) "Beneficiary" is a person or persons, including a	9345
grantor, who benefits in some way from a trust.	9346

(5) "Trustee" is a person who manages a trust's principal and	9347
income for the benefit of the beneficiaries.	9348

(6) "Person" has the same meaning as in section 1.59 of the	9349
Revised Code and includes an individual, corporation, business	9350
trust, estate, trust, partnership, and association.	9351

(7) "Applicant" is an individual who applies for medicaid or	9352
the individual's spouse.	9353

(8) "Recipient" is an individual who receives medicaid or the	9354
individual's spouse.	9355

(9) "Revocable trust" is a trust that can be revoked by the	9356
grantor or the beneficiary, including all of the following, even	9357
if the terms of the trust state that it is irrevocable:	9358

(a) A trust that provides that the trust can be terminated	9359
only by a court;	9360

(b) A trust that terminates on the happening of an event, but	9361
only if the event occurs at the direction or control of the	9362
grantor, beneficiary, or trustee.	9363

(10) "Irrevocable trust" is a trust that cannot be revoked by	9364
the grantor or terminated by a court and that terminates only on	9365
the occurrence of an event outside of the control or direction of	9366
the beneficiary or grantor.	9367

(11) "Payment" is any disbursal from the principal or income	9368
of the trust, including actual cash, noncash or property	9369
disbursements, or the right to use and occupy real property.	9370

(12) "Payments to or for the benefit of the applicant or	9371
recipient" is a payment to any person resulting in a direct or	9372
indirect benefit to the applicant or recipient.	9373

(13) "Testamentary trust" is a trust that is established by a	9374
will and does not take effect until after the death of the person	9375
who created the trust.	9376

(C) If an applicant or recipient is a beneficiary of a trust,	9377
the county department of job and family services shall determine	9378
what type of trust it is and shall treat the trust in accordance	9379
with the appropriate provisions of this section and rules adopted	9380
by the department of job and family services governing trusts. The	9381
county department of job and family services may determine that	9382
the trust or portion of the trust is one of the following:	9383

(1) A countable resource;

9384

(2) Countable income;

9385

(3) A countable resource and countable income;

9386

(4) Not a countable resource or countable income.

9387

(D)(1) A trust or legal instrument or device similar to a	9388
trust shall be considered a medicaid qualifying trust if all of	9389
the following apply:	9390

(a) The trust was established on or prior to August 10, 1993.

9391

(b) The trust was not established by a will.

9392

9393

(d) The applicant or recipient is or may become the	9394
beneficiary of all or part of the trust.	9395

(e) Payment from the trust is determined by one or more	9396
trustees who are permitted to exercise any discretion with respect	9397
to the distribution to the applicant or recipient.	9398

(2) If a trust meets the requirement of division (D)(1) of	9399
this section, the amount of the trust that is considered by the	9400
county department of job and family services as an available	9401
resource to the applicant or recipient shall be the maximum amount	9402
of payments permitted under the terms of the trust to be	9403
distributed to the applicant or recipient, assuming the full	9404
exercise of discretion by the trustee or trustees. The maximum	9405
amount shall include only amounts that are permitted to be	9406
distributed but are not distributed from either the income or	9407
principal of the trust.	9408

(3) Amounts that are actually distributed from a medicaid	9409
qualifying trust to a beneficiary for any purpose shall be treated	9410
in accordance with rules adopted by the department of job and	9411
family services governing income.	9412

(4) Availability of a medicaid qualifying trust shall be	9413
considered without regard to any of the following:	9414

(a) Whether or not the trust is irrevocable or was	9415
established for purposes other than to enable a grantor to qualify	9416
for medicaid, medical assistance for covered families and	9417
children, or as a qualified medicare beneficiary, specified	9418
low-income medicare beneficiary, qualifying individual-1, or	9419
qualifying individual-2;	9420

(b) Whether or not the trustee actually exercises discretion.

9421

(5) If any real or personal property is transferred to a	9422
medicaid qualifying trust that is not distributable to the	9423
applicant or recipient, the transfer shall be considered an	9424
improper disposition of assets and shall be subject to section	9425
5111.0116 of the Revised Code and rules to implement that section	9426
adopted under section 5111.011 of the Revised Code.	9427

(6) The baseline date for the look-back period for	9428
disposition of assets involving a medicaid qualifying trust shall	9429
be the date on which the applicant or recipient is both	9430
institutionalized and first applies for medicaid.	9431

(E)(1) A trust or legal instrument or device similar to a	9432
trust shall be considered a self-settled trust if all of the	9433
following apply:	9434

(a) The trust was established on or after August 11, 1993.

9435

(b) The trust was not established by a will.

9436

(c) The trust was established by an applicant or recipient,	9437
spouse of an applicant or recipient, or a person, including a	9438
court or administrative body, with legal authority to act in place	9439
of or on behalf of an applicant, recipient, or spouse, or acting	9440
at the direction or on request of an applicant, recipient, or	9441
spouse.	9442

(2) A trust that meets the requirements of division (E)(1) of	9443
this section and is a revocable trust shall be treated by the	9444
county department of job and family services as follows:	9445

(a) The corpus of the trust shall be considered a resource	9446
available to the applicant or recipient.	9447

(b) Payments from the trust to or for the benefit of the	9448
applicant or recipient shall be considered unearned income of the	9449
applicant or recipient.	9450

(c) Any other payments from the trust shall be considered an	9451
improper disposition of assets and shall be subject to section	9452
5111.0116 of the Revised Code and rules to implement that section	9453
adopted under section 5111.011 of the Revised Code.	9454

(3) A trust that meets the requirements of division (E)(1) of	9455
this section and is an irrevocable trust shall be treated by the	9456
county department of job and family services as follows:	9457

(a) If there are any circumstances under which payment from	9458
the trust could be made to or for the benefit of the applicant or	9459
recipient, including a payment that can be made only in the	9460
future, the portion from which payments could be made shall be	9461
considered a resource available to the applicant or recipient. The	9462
county department of job and family services shall not take into	9463
account when payments can be made.	9464

(b) Any payment that is actually made to or for the benefit	9465
of the applicant or recipient from either the corpus or income	9466
shall be considered unearned income.	9467

(c) If a payment is made to someone other than to the	9468
applicant or recipient and the payment is not for the benefit of	9469
the applicant or recipient, the payment shall be considered an	9470
improper disposition of assets and shall be subject to section	9471
5111.0116 of the Revised Code and rules to implement that section	9472
adopted under section 5111.011 of the Revised Code.	9473

(d) The date of the disposition shall be the later of the	9474
date of establishment of the trust or the date of the occurrence	9475
of the event.	9476

(e) When determining the value of the disposed asset under	9477
this provision, the value of the trust shall be its value on the	9478
date payment to the applicant or recipient was foreclosed.	9479

(f) Any income earned or other resources added subsequent to	9480
the foreclosure date shall be added to the total value of the	9481
trust.	9482

(g) Any payments to or for the benefit of the applicant or	9483
recipient after the foreclosure date but prior to the application	9484
date shall be subtracted from the total value. Any other payments	9485
shall not be subtracted from the value.	9486

(h) Any addition of assets after the foreclosure date shall	9487
be considered a separate disposition.	9488

(4) If a trust is funded with assets of another person or	9489
persons in addition to assets of the applicant or recipient, the	9490
applicable provisions of this section and rules adopted by the	9491
department of job and family services governing trusts shall apply	9492
only to the portion of the trust attributable to the applicant or	9493
recipient.	9494

(5) The availability of a self-settled trust shall be	9495
considered without regard to any of the following:	9496

(a) The purpose for which the trust is established;

9497

(b) Whether the trustees have exercised or may exercise	9498
discretion under the trust;	9499

(c) Any restrictions on when or whether distributions may be	9500
made from the trust;	9501

(d) Any restrictions on the use of distributions from the	9502
trust.	9503

(6) The baseline date for the look-back period for	9504
dispositions of assets involving a self-settled trust shall be the	9505
date on which the applicant or recipient is both institutionalized	9506
and first applies for medicaid.	9507

(F) The principal or income from any of the following shall	9508
be exempt from being counted as a resource by a county department	9509
of job and family services:	9510

(1)(a) A special needs trust that meets all of the following	9511
requirements:	9512

(i) The trust contains assets of an applicant or recipient	9513
under sixty-five years of age and may contain the assets of other	9514
individuals.	9515

(ii) The applicant or recipient is disabled as defined in	9516
rules adopted by the department of job and family services.	9517

(iii) The trust is established for the benefit of the	9518
applicant or recipient by a parent, grandparent, legal guardian,	9519
or a court.	9520

(iv) The trust requires that on the death of the applicant or	9521
recipient the state will receive all amounts remaining in the	9522
trust up to an amount equal to the total amount of medicaid paid	9523
on behalf of the applicant or recipient.	9524

(b) If a special needs trust meets the requirements of	9525
division (F)(1)(a) of this section and has been established for a	9526
disabled applicant or recipient under sixty-five years of age, the	9527
exemption for the trust granted pursuant to division (F) of this	9528
section shall continue after the disabled applicant or recipient	9529
becomes sixty-five years of age if the applicant or recipient	9530
continues to be disabled as defined in rules adopted by the	9531
department of job and family services. Except for income earned by	9532
the trust, the grantor shall not add to or otherwise augment the	9533
trust after the applicant or recipient attains sixty-five years of	9534
age. An addition or augmentation of the trust by the applicant or	9535
recipient with the applicant's own assets after the applicant or	9536
recipient attains sixty-five years of age shall be treated as an	9537
improper disposition of assets.	9538

(c) Cash distributions to the applicant or recipient shall be	9539
counted as unearned income. All other distributions from the trust	9540
shall be treated as provided in rules adopted by the department of	9541
job and family services governing in-kind income.	9542

(d) Transfers of assets to a special needs trust shall not be	9543
treated as an improper transfer of resources. Assets held prior to	9544
the transfer to the trust shall be considered as countable assets	9545
or countable income or countable assets and income.	9546

(2)(a) A qualifying income trust that meets all of the	9547
following requirements:	9548

(i) The trust is composed only of pension, social security,	9549
and other income to the applicant or recipient, including	9550
accumulated interest in the trust.	9551

(ii) The income is received by the individual and the right	9552
to receive the income is not assigned or transferred to the trust.	9553

(iii) The trust requires that on the death of the applicant	9554
or recipient the state will receive all amounts remaining in the	9555
trust up to an amount equal to the total amount of medicaid paid	9556
on behalf of the applicant or recipient.	9557

(b) No resources shall be used to establish or augment the	9558
trust.	9559

(c) If an applicant or recipient has irrevocably transferred	9560
or assigned the applicant's or recipient's right to receive income	9561
to the trust, the trust shall not be considered a qualifying	9562
income trust by the county department of job and family services.	9563

(d) Income placed in a qualifying income trust shall not be	9564
counted in determining an applicant's or recipient's eligibility	9565
for medicaid. The recipient of the funds may place any income	9566
directly into a qualifying income trust without those funds	9567
adversely affecting the applicant's or recipient's eligibility for	9568
medicaid. Income generated by the trust that remains in the trust	9569
shall not be considered as income to the applicant or recipient.	9570

(e) All income placed in a qualifying income trust shall be	9571
combined with any countable income not placed in the trust to	9572
arrive at a base income figure to be used for spend down	9573
calculations.	9574

(f) The base income figure shall be used for post-eligibility	9575
deductions, including personal needs allowance, monthly income	9576
allowance, family allowance, and medical expenses not subject to	9577
third party payment. Any income remaining shall be used toward	9578
payment of patient liability. Payments made from a qualifying	9579
income trust shall not be combined with the base income figure for	9580
post-eligibility calculations.	9581

(g) The base income figure shall be used when determining the	9582
spend down budget for the applicant or recipient. Any income	9583
remaining after allowable deductions are permitted as provided	9584
under rules adopted by the department of job and family services	9585
shall be considered the applicant's or recipient's spend down	9586
liability.	9587

(3)(a) A pooled trust that meets all of the following	9588
requirements:	9589

(i) The trust contains the assets of the applicant or	9590
recipient of any age who is disabled as defined in rules adopted	9591
by the department of job and family services.	9592

(ii) The trust is established and managed by a nonprofit	9593
association.	9594

(iii) A separate account is maintained for each beneficiary	9595
of the trust but, for purposes of investment and management of	9596
funds, the trust pools the funds in these accounts.	9597

(iv) Accounts in the trust are established by the applicant	9598
or recipient, the applicant's or recipient's parent, grandparent,	9599
or legal guardian, or a court solely for the benefit of	9600
individuals who are disabled.	9601

(v) The trust requires that, to the extent that any amounts	9602
remaining in the beneficiary's account on the death of the	9603
beneficiary are not retained by the trust, the trust pay to the	9604
state the amounts remaining in the trust up to an amount equal to	9605
the total amount of medicaid paid on behalf of the beneficiary.	9606

(b) Cash distributions to the applicant or recipient shall be	9607
counted as unearned income. All other distributions from the trust	9608
shall be treated as provided in rules adopted by the department of	9609
job and family services governing in-kind income.	9610

(c) Transfers of assets to a pooled trust shall not be	9611
treated as an improper disposition of assets. Assets held prior to	9612
the transfer to the trust shall be considered as countable assets,	9613
countable income, or countable assets and income.	9614

(4) A supplemental services trust that meets the requirements	9615
of section 5815.28 of the Revised Code and to which all of the	9616
following apply:	9617

(a) A person may establish a supplemental services trust	9618
pursuant to section 5815.28 of the Revised Code only for another	9619
person who is eligible to receive services through one of the	9620
following agencies:	9621

(i) The department of ~~mental retardation and~~ developmental	9622
disabilities;	9623

(ii) A county board of mental retardation and developmental	9624
disabilities;	9625

(iii) The department of mental health;

9626

(iv) A board of alcohol, drug addiction, and mental health	9627
services.	9628

(b) A county department of job and family services shall not	9629
determine eligibility for another agency's program. An applicant	9630
or recipient shall do one of the following:	9631

(i) Provide documentation from one of the agencies listed in	9632
division (F)(4)(a) of this section that establishes that the	9633
applicant or recipient was determined to be eligible for services	9634
from the agency at the time of the creation of the trust;	9635

(ii) Provide an order from a court of competent jurisdiction	9636
that states that the applicant or recipient was eligible for	9637
services from one of the agencies listed in division (F)(4)(a) of	9638
this section at the time of the creation of the trust.	9639

(c) At the time the trust is created, the trust principal	9640
does not exceed the maximum amount permitted. The maximum amount	9641
permitted in calendar year 2006 is two hundred twenty-two thousand	9642
dollars. Each year thereafter, the maximum amount permitted is the	9643
prior year's amount plus two thousand dollars.	9644

(d) A county department of job and family services shall	9645
review the trust to determine whether it complies with the	9646
provisions of section 5815.28 of the Revised Code.	9647

(e) Payments from supplemental services trusts shall be	9648
exempt as long as the payments are for supplemental services as	9649
defined in rules adopted by the department of job and family	9650
services. All supplemental services shall be purchased by the	9651
trustee and shall not be purchased through direct cash payments to	9652
the beneficiary.	9653

(f) If a trust is represented as a supplemental services	9654
trust and a county department of job and family services	9655
determines that the trust does not meet the requirements provided	9656
in division (F)(4) of this section and section 5815.28 of the	9657
Revised Code, the county department of job and family services	9658
shall not consider it an exempt trust.	9659

(G)(1) A trust or legal instrument or device similar to a	9660
trust shall be considered a trust established by an individual for	9661
the benefit of the applicant or recipient if all of the following	9662
apply:	9663

(a) The trust is created by a person other than the applicant	9664
or recipient.	9665

(b) The trust names the applicant or recipient as a	9666
beneficiary.	9667

(c) The trust is funded with assets or property in which the	9668
applicant or recipient has never held an ownership interest prior	9669
to the establishment of the trust.	9670

(2) Any portion of a trust that meets the requirements of	9671
division (G)(1) of this section shall be an available resource	9672
only if the trust permits the trustee to expend principal, corpus,	9673
or assets of the trust for the applicant's or recipient's medical	9674
care, care, comfort, maintenance, health, welfare, general well	9675
being, or any combination of these purposes.	9676

(3) A trust that meets the requirements of division (G)(1) of	9677
this section shall be considered an available resource even if the	9678
trust contains any of the following types of provisions:	9679

(a) A provision that prohibits the trustee from making	9680
payments that would supplant or replace medicaid or other public	9681
assistance;	9682

(b) A provision that prohibits the trustee from making	9683
payments that would impact or have an effect on the applicant's or	9684
recipient's right, ability, or opportunity to receive medicaid or	9685
other public assistance;	9686

(c) A provision that attempts to prevent the trust or its	9687
corpus or principal from being counted as an available resource.	9688

(4) A trust that meets the requirements of division (G)(1) of	9689
this section shall not be counted as an available resource if at	9690
least one of the following circumstances applies:	9691

(a) If a trust contains a clear statement requiring the	9692
trustee to preserve a portion of the trust for another beneficiary	9693
or remainderman, that portion of the trust shall not be counted as	9694
an available resource. Terms of a trust that grant discretion to	9695
preserve a portion of the trust shall not qualify as a clear	9696
statement requiring the trustee to preserve a portion of the	9697
trust.	9698

(b) If a trust contains a clear statement requiring the	9699
trustee to use a portion of the trust for a purpose other than	9700
medical care, care, comfort, maintenance, welfare, or general well	9701
being of the applicant or recipient, that portion of the trust	9702
shall not be counted as an available resource. Terms of a trust	9703
that grant discretion to limit the use of a portion of the trust	9704
shall not qualify as a clear statement requiring the trustee to	9705
use a portion of the trust for a particular purpose.	9706

(c) If a trust contains a clear statement limiting the	9707
trustee to making fixed periodic payments, the trust shall not be	9708
counted as an available resource and payments shall be treated in	9709
accordance with rules adopted by the department of job and family	9710
services governing income. Terms of a trust that grant discretion	9711
to limit payments shall not qualify as a clear statement requiring	9712
the trustee to make fixed periodic payments.	9713

(d) If a trust contains a clear statement that requires the	9714
trustee to terminate the trust if it is counted as an available	9715
resource, the trust shall not be counted as an available resource.	9716
Terms of a trust that grant discretion to terminate the trust do	9717
not qualify as a clear statement requiring the trustee to	9718
terminate the trust.	9719

(e) If a person obtains a judgment from a court of competent	9720
jurisdiction that expressly prevents the trustee from using part	9721
or all of the trust for the medical care, care, comfort,	9722
maintenance, welfare, or general well being of the applicant or	9723
recipient, the trust or that portion of the trust subject to the	9724
court order shall not be counted as a resource.	9725

(f) If a trust is specifically exempt from being counted as	9726
an available resource by a provision of the Revised Code, rules,	9727
or federal law, the trust shall not be counted as a resource.	9728

(g) If an applicant or recipient presents a final judgment	9729
from a court demonstrating that the applicant or recipient was	9730
unsuccessful in a civil action against the trustee to compel	9731
payments from the trust, the trust shall not be counted as an	9732
available resource.	9733

(h) If an applicant or recipient presents a final judgment	9734
from a court demonstrating that in a civil action against the	9735
trustee the applicant or recipient was only able to compel limited	9736
or periodic payments, the trust shall not be counted as an	9737
available resource and payments shall be treated in accordance	9738
with rules adopted by the department of job and family services	9739
governing income.	9740

(i) If an applicant or recipient provides written	9741
documentation showing that the cost of a civil action brought to	9742
compel payments from the trust would be cost prohibitive, the	9743
trust shall not be counted as an available resource.	9744

(5) Any actual payments to the applicant or recipient from a	9745
trust that meet the requirements of division (G)(1) of this	9746
section, including trusts that are not counted as an available	9747
resource, shall be treated as provided in rules adopted by the	9748
department of job and family services governing income. Payments	9749
to any person other than the applicant or recipient shall not be	9750
considered income to the applicant or recipient. Payments from the	9751
trust to a person other than the applicant or recipient shall not	9752
be considered an improper disposition of assets.	9753

Sec. 5111.202. (A) As used in this section:

9754

(1) "Dementia" includes Alzheimer's disease or a related	9755
disorder.	9756

(2) "Serious mental illness" means "serious mental illness,"	9757
as defined by the United States department of health and human	9758
services in regulations adopted under section 1919(e)(7)(G)(i) of	9759
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	9760
as amended.	9761

(3) "Mentally ill individual" means an individual who has a	9762
serious mental illness other than either of the following:	9763

(a) A primary diagnosis of dementia;

9764

(b) A primary diagnosis that is not a primary diagnosis of	9765
dementia and a primary diagnosis of something other than a serious	9766
mental illness.	9767

(4) "Mentally retarded individual" means an individual who is	9768
mentally retarded or has a related condition, as described in	9769
section 1905(d) of the "Social Security Act."	9770

(5) "Specialized services" means the services specified by	9771
the United States department of health and human services in	9772
regulations adopted under section 1919(e)(7)(G)(iii) of the	9773
"Social Security Act."	9774

(B)(1) Except as provided in division (D) of this section, no	9775
nursing facility shall admit as a resident any mentally ill	9776
individual unless the facility has received evidence that the	9777
department of mental health has determined both of the following	9778
under section 5119.061 of the Revised Code:	9779

(a) That the individual requires the level of services	9780
provided by a nursing facility because of the individual's	9781
physical and mental condition;	9782

(b) Whether the individual requires specialized services for	9783
mental illness.	9784

(2) Except as provided in division (D) of this section, no	9785
nursing facility shall admit as a resident any mentally retarded	9786
individual unless the facility has received evidence that the	9787
department of ~~mental retardation and~~ developmental disabilities	9788
has determined both of the following under section 5123.021 of the	9789
Revised Code:	9790

(a) That the individual requires the level of services	9791
provided by a nursing facility because of the individual's	9792
physical and mental condition;	9793

(b) Whether the individual requires specialized services for	9794
mental retardation.	9795

(C) The department of job and family services shall not make	9796
payments under the medical assistance program to a nursing	9797
facility on behalf of any individual who is admitted to the	9798
facility in violation of division (B) of this section for the	9799
period beginning on the date of admission and ending on the date	9800
the requirements of division (B) of this section are met.	9801

(D) A determination under division (B) of this section is not	9802
required for any individual who is exempted from the requirement	9803
that a determination be made by division (B)(2) of section	9804
5119.061 of the Revised Code or rules adopted by the department of	9805
mental health under division (E)(3) of that section, or by	9806
division (B)(2) of section 5123.021 of the Revised Code or rules	9807
adopted by the department of ~~mental retardation and~~ developmental	9808
disabilities under division (E)(3) of that section.	9809

Sec. 5111.203. Regardless of whether or not an applicant for	9810
admission to a nursing facility or resident of a nursing facility	9811
is an applicant for or recipient of medical assistance, the	9812
department of job and family services shall provide notice and an	9813
opportunity for a hearing to any applicant for admission to a	9814
nursing facility or resident of a nursing facility who is	9815
adversely affected by a determination made by the department of	9816
mental health under section 5119.061 of the Revised Code or by the	9817
department of ~~mental retardation and~~ developmental disabilities	9818
under section 5123.021 of the Revised Code. The hearing shall be	9819
conducted in the same manner as hearings conducted under section	9820
5101.35 of the Revised Code. Any decision made by the department	9821
of job and family services on the basis of the hearing is binding	9822
on the department of mental health and the department of ~~mental~~	9823
~~retardation and~~ developmental disabilities.	9824

Sec. 5111.211. (A) The department of ~~mental retardation and~~	9825
developmental disabilities is responsible for the nonfederal share	9826
of claims submitted for services that are covered by the medicaid	9827
program and provided to an eligible medicaid recipient by an	9828
intermediate care facility for the mentally retarded if all of the	9829
following are the case:	9830

(1) The services are provided on or after July 1, 2003;

9831

(2) The facility receives initial certification by the	9832
director of health as an intermediate care facility for the	9833
mentally retarded on or after June 1, 2003;	9834

(3) The facility, or a portion of the facility, is licensed	9835
by the director of ~~mental retardation and~~ developmental	9836
disabilities as a residential facility under section 5123.19 of	9837
the Revised Code;	9838

(4) There is a valid provider agreement for the facility.

9839

(B) Each month, the department of job and family services	9840
shall invoice the department of ~~mental retardation and~~	9841
developmental disabilities by interagency transfer voucher for the	9842
claims for which the department of ~~mental retardation and~~	9843
developmental disabilities is responsible pursuant to this	9844
section.	9845

Sec. 5111.251. (A) The department of job and family services	9846
shall pay a provider for each of the provider's eligible	9847
intermediate care facilities for the mentally retarded for its	9848
reasonable capital costs, a per resident per day rate established	9849
prospectively each fiscal year for each intermediate care facility	9850
for the mentally retarded. Except as otherwise provided in	9851
sections 5111.20 to 5111.33 of the Revised Code, the rate shall be	9852
based on the facility's capital costs for the calendar year	9853
preceding the fiscal year in which the rate will be paid. The rate	9854
shall equal the sum of the following:	9855

(1) The facility's desk-reviewed, actual, allowable, per diem	9856
cost of ownership for the preceding cost reporting period, limited	9857
as provided in divisions (C) and (F) of this section;	9858

(2) Any efficiency incentive determined under division (B) of	9859
this section;	9860

(3) Any amounts for renovations determined under division (D)	9861
of this section;	9862

(4) Any amounts for return on equity determined under	9863
division (I) of this section.	9864

Buildings shall be depreciated using the straight line method	9865
over forty years or over a different period approved by the	9866
department. Components and equipment shall be depreciated using	9867
the straight line method over a period designated by the director	9868
of job and family services in rules adopted under section 5111.02	9869
of the Revised Code, consistent with the guidelines of the	9870
American hospital association, or over a different period approved	9871
by the department of job and family services. Any rules authorized	9872
by this division that specify useful lives of buildings,	9873
components, or equipment apply only to assets acquired on or after	9874
July 1, 1993. Depreciation for costs paid or reimbursed by any	9875
government agency shall not be included in costs of ownership or	9876
renovation unless that part of the payment under sections 5111.20	9877
to 5111.33 of the Revised Code is used to reimburse the government	9878
agency.	9879

(B) The department of job and family services shall pay to a	9880
provider for each of the provider's eligible intermediate care	9881
facilities for the mentally retarded an efficiency incentive equal	9882
to fifty per cent of the difference between any desk-reviewed,	9883
actual, allowable cost of ownership and the applicable limit on	9884
cost of ownership payments under division (C) of this section. For	9885
purposes of computing the efficiency incentive, depreciation for	9886
costs paid or reimbursed by any government agency shall be	9887
considered as a cost of ownership, and the applicable limit under	9888
division (C) of this section shall apply both to facilities with	9889
more than eight beds and facilities with eight or fewer beds. The	9890
efficiency incentive paid to a provider for a facility with eight	9891
or fewer beds shall not exceed three dollars per patient day,	9892
adjusted annually for the inflation rate for the twelve-month	9893
period beginning on the first day of July of the calendar year	9894
preceding the calendar year that precedes the fiscal year for	9895
which the efficiency incentive is determined and ending on the	9896
thirtieth day of the following June, using the consumer price	9897
index for shelter costs for all urban consumers for the north	9898
central region, as published by the United States bureau of labor	9899
statistics.	9900

(C) Cost of ownership payments for intermediate care	9901
facilities for the mentally retarded with more than eight beds	9902
shall not exceed the following limits:	9903

(1) For facilities with dates of licensure prior to January	9904
1, l958, not exceeding two dollars and fifty cents per patient	9905
day;	9906

(2) For facilities with dates of licensure after December 31,	9907
l957, but prior to January 1, l968, not exceeding:	9908

(a) Three dollars and fifty cents per patient day if the cost	9909
of construction was three thousand five hundred dollars or more	9910
per bed;	9911

(b) Two dollars and fifty cents per patient day if the cost	9912
of construction was less than three thousand five hundred dollars	9913
per bed.	9914

(3) For facilities with dates of licensure after December 31,	9915
l967, but prior to January 1, l976, not exceeding:	9916

(a) Four dollars and fifty cents per patient day if the cost	9917
of construction was five thousand one hundred fifty dollars or	9918
more per bed;	9919

(b) Three dollars and fifty cents per patient day if the cost	9920
of construction was less than five thousand one hundred fifty	9921
dollars per bed, but exceeds three thousand five hundred dollars	9922
per bed;	9923

(c) Two dollars and fifty cents per patient day if the cost	9924
of construction was three thousand five hundred dollars or less	9925
per bed.	9926

(4) For facilities with dates of licensure after December 31,	9927
l975, but prior to January 1, l979, not exceeding:	9928

(a) Five dollars and fifty cents per patient day if the cost	9929
of construction was six thousand eight hundred dollars or more per	9930
bed;	9931

(b) Four dollars and fifty cents per patient day if the cost	9932
of construction was less than six thousand eight hundred dollars	9933
per bed but exceeds five thousand one hundred fifty dollars per	9934
bed;	9935

(c) Three dollars and fifty cents per patient day if the cost	9936
of construction was five thousand one hundred fifty dollars or	9937
less per bed, but exceeds three thousand five hundred dollars per	9938
bed;	9939

(d) Two dollars and fifty cents per patient day if the cost	9940
of construction was three thousand five hundred dollars or less	9941
per bed.	9942

(5) For facilities with dates of licensure after December 31,	9943
l978, but prior to January 1, l980, not exceeding:	9944

(a) Six dollars per patient day if the cost of construction	9945
was seven thousand six hundred twenty-five dollars or more per	9946
bed;	9947

(b) Five dollars and fifty cents per patient day if the cost	9948
of construction was less than seven thousand six hundred	9949
twenty-five dollars per bed but exceeds six thousand eight hundred	9950
dollars per bed;	9951

(c) Four dollars and fifty cents per patient day if the cost	9952
of construction was six thousand eight hundred dollars or less per	9953
bed but exceeds five thousand one hundred fifty dollars per bed;	9954

(d) Three dollars and fifty cents per patient day if the cost	9955
of construction was five thousand one hundred fifty dollars or	9956
less but exceeds three thousand five hundred dollars per bed;	9957

(e) Two dollars and fifty cents per patient day if the cost	9958
of construction was three thousand five hundred dollars or less	9959
per bed.	9960

(6) For facilities with dates of licensure after December 31,	9961
1979, but prior to January 1, 1981, not exceeding:	9962

(a) Twelve dollars per patient day if the beds were	9963
originally licensed as residential facility beds by the department	9964
of ~~mental retardation and~~ developmental disabilities;	9965

(b) Six dollars per patient day if the beds were originally	9966
licensed as nursing home beds by the department of health.	9967

(7) For facilities with dates of licensure after December 31,	9968
1980, but prior to January 1, 1982, not exceeding:	9969

(a) Twelve dollars per patient day if the beds were	9970
originally licensed as residential facility beds by the department	9971
of ~~mental retardation and~~ developmental disabilities;	9972

(b) Six dollars and forty-five cents per patient day if the	9973
beds were originally licensed as nursing home beds by the	9974
department of health.	9975

(8) For facilities with dates of licensure after December 31,	9976
1981, but prior to January 1, 1983, not exceeding:	9977

(a) Twelve dollars per patient day if the beds were	9978
originally licensed as residential facility beds by the department	9979
of ~~mental retardation and~~ developmental disabilities;	9980

(b) Six dollars and seventy-nine cents per patient day if the	9981
beds were originally licensed as nursing home beds by the	9982
department of health.	9983

(9) For facilities with dates of licensure after December 31,	9984
1982, but prior to January 1, 1984, not exceeding:	9985

(a) Twelve dollars per patient day if the beds were	9986
originally licensed as residential facility beds by the department	9987
of ~~mental retardation and~~ developmental disabilities;	9988

(b) Seven dollars and nine cents per patient day if the beds	9989
were originally licensed as nursing home beds by the department of	9990
health.	9991

(10) For facilities with dates of licensure after December	9992
31, 1983, but prior to January 1, 1985, not exceeding:	9993

(a) Twelve dollars and twenty-four cents per patient day if	9994
the beds were originally licensed as residential facility beds by	9995
the department of ~~mental retardation and~~ developmental	9996
disabilities;	9997

(b) Seven dollars and twenty-three cents per patient day if	9998
the beds were originally licensed as nursing home beds by the	9999
department of health.	10000

(11) For facilities with dates of licensure after December	10001
31, 1984, but prior to January 1, 1986, not exceeding:	10002

(a) Twelve dollars and fifty-three cents per patient day if	10003
the beds were originally licensed as residential facility beds by	10004
the department of ~~mental retardation and~~ developmental	10005
disabilities;	10006

(b) Seven dollars and forty cents per patient day if the beds	10007
were originally licensed as nursing home beds by the department of	10008
health.	10009

(12) For facilities with dates of licensure after December	10010
31, 1985, but prior to January 1, 1987, not exceeding:	10011

(a) Twelve dollars and seventy cents per patient day if the	10012
beds were originally licensed as residential facility beds by the	10013
department of ~~mental retardation and~~ developmental disabilities;	10014

(b) Seven dollars and fifty cents per patient day if the beds	10015
were originally licensed as nursing home beds by the department of	10016
health.	10017

(13) For facilities with dates of licensure after December	10018
31, 1986, but prior to January 1, 1988, not exceeding:	10019

(a) Twelve dollars and ninety-nine cents per patient day if	10020
the beds were originally licensed as residential facility beds by	10021
the department of ~~mental retardation and~~ developmental	10022
disabilities;	10023

(b) Seven dollars and sixty-seven cents per patient day if	10024
the beds were originally licensed as nursing home beds by the	10025
department of health.	10026

(14) For facilities with dates of licensure after December	10027
31, 1987, but prior to January 1, 1989, not exceeding thirteen	10028
dollars and twenty-six cents per patient day;	10029

(15) For facilities with dates of licensure after December	10030
31, 1988, but prior to January 1, 1990, not exceeding thirteen	10031
dollars and forty-six cents per patient day;	10032

(16) For facilities with dates of licensure after December	10033
31, 1989, but prior to January 1, 1991, not exceeding thirteen	10034
dollars and sixty cents per patient day;	10035

(17) For facilities with dates of licensure after December	10036
31, 1990, but prior to January 1, 1992, not exceeding thirteen	10037
dollars and forty-nine cents per patient day;	10038

(18) For facilities with dates of licensure after December	10039
31, 1991, but prior to January 1, 1993, not exceeding thirteen	10040
dollars and sixty-seven cents per patient day;	10041

(19) For facilities with dates of licensure after December	10042
31, 1992, not exceeding fourteen dollars and twenty-eight cents	10043
per patient day.	10044

(D) Beginning January 1, 1981, regardless of the original	10045
date of licensure, the department of job and family services shall	10046
pay a rate for the per diem capitalized costs of renovations to	10047
intermediate care facilities for the mentally retarded made after	10048
January 1, l981, not exceeding six dollars per patient day using	10049
1980 as the base year and adjusting the amount annually until June	10050
30, 1993, for fluctuations in construction costs calculated by the	10051
department using the "Dodge building cost indexes, northeastern	10052
and north central states," published by Marshall and Swift. The	10053
payment provided for in this division is the only payment that	10054
shall be made for the capitalized costs of a nonextensive	10055
renovation of an intermediate care facility for the mentally	10056
retarded. Nonextensive renovation costs shall not be included in	10057
cost of ownership, and a nonextensive renovation shall not affect	10058
the date of licensure for purposes of division (C) of this	10059
section. This division applies to nonextensive renovations	10060
regardless of whether they are made by an owner or a lessee. If	10061
the tenancy of a lessee that has made renovations ends before the	10062
depreciation expense for the renovation costs has been fully	10063
reported, the former lessee shall not report the undepreciated	10064
balance as an expense.	10065

For a nonextensive renovation to qualify for payment under	10066
this division, both of the following conditions must be met:	10067

(1) At least five years have elapsed since the date of	10068
licensure or date of an extensive renovation of the portion of the	10069
facility that is proposed to be renovated, except that this	10070
condition does not apply if the renovation is necessary to meet	10071
the requirements of federal, state, or local statutes, ordinances,	10072
rules, or policies.	10073

(2) The provider has obtained prior approval from the	10074
department of job and family services. The provider shall submit a	10075
plan that describes in detail the changes in capital assets to be	10076
accomplished by means of the renovation and the timetable for	10077
completing the project. The time for completion of the project	10078
shall be no more than eighteen months after the renovation begins.	10079
The director of job and family services shall adopt rules under	10080
section 5111.02 of the Revised Code that specify criteria and	10081
procedures for prior approval of renovation projects. No provider	10082
shall separate a project with the intent to evade the	10083
characterization of the project as a renovation or as an extensive	10084
renovation. No provider shall increase the scope of a project	10085
after it is approved by the department of job and family services	10086
unless the increase in scope is approved by the department.	10087

(E) The amounts specified in divisions (C) and (D) of this	10088
section shall be adjusted beginning July 1, 1993, for the	10089
estimated inflation for the twelve-month period beginning on the	10090
first day of July of the calendar year preceding the calendar year	10091
that precedes the fiscal year for which rate will be paid and	10092
ending on the thirtieth day of the following June, using the	10093
consumer price index for shelter costs for all urban consumers for	10094
the north central region, as published by the United States bureau	10095
of labor statistics.	10096

(F)(1) For facilities of eight or fewer beds that have dates	10097
of licensure or have been granted project authorization by the	10098
department of ~~mental retardation and~~ developmental disabilities	10099
before July 1, 1993, and for facilities of eight or fewer beds	10100
that have dates of licensure or have been granted project	10101
authorization after that date if the providers of the facilities	10102
demonstrate that they made substantial commitments of funds on or	10103
before that date, cost of ownership shall not exceed eighteen	10104
dollars and thirty cents per resident per day. The eighteen-dollar	10105
and thirty-cent amount shall be increased by the change in the	10106
"Dodge building cost indexes, northeastern and north central	10107
states," published by Marshall and Swift, during the period	10108
beginning June 30, 1990, and ending July 1, 1993, and by the	10109
change in the consumer price index for shelter costs for all urban	10110
consumers for the north central region, as published by the United	10111
States bureau of labor statistics, annually thereafter.	10112

(2) For facilities with eight or fewer beds that have dates	10113
of licensure or have been granted project authorization by the	10114
department of ~~mental retardation and~~ developmental disabilities on	10115
or after July 1, 1993, for which substantial commitments of funds	10116
were not made before that date, cost of ownership payments shall	10117
not exceed the applicable amount calculated under division (F)(1)	10118
of this section, if the department of job and family services	10119
gives prior approval for construction of the facility. If the	10120
department does not give prior approval, cost of ownership	10121
payments shall not exceed the amount specified in division (C) of	10122
this section.	10123

(3) Notwithstanding divisions (D) and (F)(1) and (2) of this	10124
section, the total payment for cost of ownership, cost of	10125
ownership efficiency incentive, and capitalized costs of	10126
renovations for an intermediate care facility for the mentally	10127
retarded with eight or fewer beds shall not exceed the sum of the	10128
limitations specified in divisions (C) and (D) of this section.	10129

(G) Notwithstanding any provision of this section or section	10130
5111.241 of the Revised Code, the director of job and family	10131
services may adopt rules under section 5111.02 of the Revised Code	10132
that provide for a calculation of a combined maximum payment limit	10133
for indirect care costs and cost of ownership for intermediate	10134
care facilities for the mentally retarded with eight or fewer	10135
beds.	10136

(H) After the date on which a transaction of sale is closed,	10137
the provider shall refund to the department the amount of excess	10138
depreciation paid to the provider for the facility by the	10139
department for each year the provider has operated the facility	10140
under a provider agreement and prorated according to the number of	10141
medicaid patient days for which the provider has received payment	10142
for the facility. For the purposes of this division,	10143
"depreciation paid to the provider for the facility" means the	10144
amount paid to the provider for the intermediate care facility for	10145
the mentally retarded for cost of ownership pursuant to this	10146
section less any amount paid for interest costs. For the purposes	10147
of this division, "excess depreciation" is the intermediate care	10148
facility for the mentally retarded's depreciated basis, which is	10149
the provider's cost less accumulated depreciation, subtracted from	10150
the purchase price but not exceeding the amount of depreciation	10151
paid to the provider for the facility.	10152

(I) The department of job and family services shall pay a	10153
provider for each of the provider's eligible proprietary	10154
intermediate care facilities for the mentally retarded a return on	10155
the facility's net equity computed at the rate of one and one-half	10156
times the average of interest rates on special issues of public	10157
debt obligations issued to the federal hospital insurance trust	10158
fund for the cost reporting period. No facility's return on net	10159
equity paid under this division shall exceed one dollar per	10160
patient day.	10161

In calculating the rate for return on net equity, the	10162
department shall use the greater of the facility's inpatient days	10163
during the applicable cost reporting period or the number of	10164
inpatient days the facility would have had during that period if	10165
its occupancy rate had been ninety-five per cent.	10166

(J)(1) Except as provided in division (J)(2) of this section,	10167
if a provider leases or transfers an interest in a facility to	10168
another provider who is a related party, the related party's	10169
allowable cost of ownership shall include the lesser of the	10170
following:	10171

(a) The annual lease expense or actual cost of ownership,	10172
whichever is applicable;	10173

(b) The reasonable cost to the lessor or provider making the	10174
transfer.	10175

(2) If a provider leases or transfers an interest in a	10176
facility to another provider who is a related party, regardless of	10177
the date of the lease or transfer, the related party's allowable	10178
cost of ownership shall include the annual lease expense or actual	10179
cost of ownership, whichever is applicable, subject to the	10180
limitations specified in divisions (B) to (I) of this section, if	10181
all of the following conditions are met:	10182

(a) The related party is a relative of owner;

10183

(b) In the case of a lease, if the lessor retains any	10184
ownership interest, it is, except as provided in division	10185
(J)(2)(d)(ii) of this section, in only the real property and any	10186
improvements on the real property;	10187

(c) In the case of a transfer, the provider making the	10188
transfer retains, except as provided in division (J)(2)(d)(iv) of	10189
this section, no ownership interest in the facility;	10190

(d) The department of job and family services determines that	10191
the lease or transfer is an arm's length transaction pursuant to	10192
rules adopted under section 5111.02 of the Revised Code. The rules	10193
shall provide that a lease or transfer is an arm's length	10194
transaction if all of the following, as applicable, apply:	10195

(i) In the case of a lease, once the lease goes into effect,	10196
the lessor has no direct or indirect interest in the lessee or,	10197
except as provided in division (J)(2)(b) of this section, the	10198
facility itself, including interest as an owner, officer,	10199
director, employee, independent contractor, or consultant, but	10200
excluding interest as a lessor.	10201

(ii) In the case of a lease, the lessor does not reacquire an	10202
interest in the facility except through the exercise of a lessor's	10203
rights in the event of a default. If the lessor reacquires an	10204
interest in the facility in this manner, the department shall	10205
treat the facility as if the lease never occurred when the	10206
department calculates its reimbursement rates for capital costs.	10207

(iii) In the case of a transfer, once the transfer goes into	10208
effect, the provider that made the transfer has no direct or	10209
indirect interest in the provider that acquires the facility or	10210
the facility itself, including interest as an owner, officer,	10211
director, employee, independent contractor, or consultant, but	10212
excluding interest as a creditor.	10213

(iv) In the case of a transfer, the provider that made the	10214
transfer does not reacquire an interest in the facility except	10215
through the exercise of a creditor's rights in the event of a	10216
default. If the provider reacquires an interest in the facility in	10217
this manner, the department shall treat the facility as if the	10218
transfer never occurred when the department calculates its	10219
reimbursement rates for capital costs.	10220

(v) The lease or transfer satisfies any other criteria	10221
specified in the rules.	10222

(e) Except in the case of hardship caused by a catastrophic	10223
event, as determined by the department, or in the case of a lessor	10224
or provider making the transfer who is at least sixty-five years	10225
of age, not less than twenty years have elapsed since, for the	10226
same facility, allowable cost of ownership was determined most	10227
recently under this division.	10228

Sec. 5111.291. Notwithstanding sections 5111.20 to 5111.33	10229
of the Revised Code, the department of job and family services may	10230
compute the rate for intermediate care facilities for the mentally	10231
retarded operated by the department of ~~mental retardation and~~	10232
developmental disabilities or the department of mental health	10233
according to the reasonable cost principles of Title XVIII.	10234

Sec. 5111.65. As used in sections 5111.65 to 5111.688 of the	10235
Revised Code:	10236

(A) "Change of operator" means an entering operator becoming	10237
the operator of a nursing facility or intermediate care facility	10238
for the mentally retarded in the place of the exiting operator.	10239

(1) Actions that constitute a change of operator include the	10240
following:	10241

(a) A change in an exiting operator's form of legal	10242
organization, including the formation of a partnership or	10243
corporation from a sole proprietorship;	10244

(b) A transfer of all the exiting operator's ownership	10245
interest in the operation of the facility to the entering	10246
operator, regardless of whether ownership of any or all of the	10247
real property or personal property associated with the facility is	10248
also transferred;	10249

(c) A lease of the facility to the entering operator or the	10250
exiting operator's termination of the exiting operator's lease;	10251

(d) If the exiting operator is a partnership, dissolution of	10252
the partnership;	10253

(e) If the exiting operator is a partnership, a change in	10254
composition of the partnership unless both of the following apply:	10255

(i) The change in composition does not cause the	10256
partnership's dissolution under state law.	10257

(ii) The partners agree that the change in composition does	10258
not constitute a change in operator.	10259

(f) If the operator is a corporation, dissolution of the	10260
corporation, a merger of the corporation into another corporation	10261
that is the survivor of the merger, or a consolidation of one or	10262
more other corporations to form a new corporation.	10263

(2) The following, alone, do not constitute a change of	10264
operator:	10265

(a) A contract for an entity to manage a nursing facility or	10266
intermediate care facility for the mentally retarded as the	10267
operator's agent, subject to the operator's approval of daily	10268
operating and management decisions;	10269

(b) A change of ownership, lease, or termination of a lease	10270
of real property or personal property associated with a nursing	10271
facility or intermediate care facility for the mentally retarded	10272
if an entering operator does not become the operator in place of	10273
an exiting operator;	10274

(c) If the operator is a corporation, a change of one or more	10275
members of the corporation's governing body or transfer of	10276
ownership of one or more shares of the corporation's stock, if the	10277
same corporation continues to be the operator.	10278

(B) "Effective date of a change of operator" means the day	10279
the entering operator becomes the operator of the nursing facility	10280
or intermediate care facility for the mentally retarded.	10281

(C) "Effective date of a facility closure" means the last day	10282
that the last of the residents of the nursing facility or	10283
intermediate care facility for the mentally retarded resides in	10284
the facility.	10285

(D) "Effective date of a voluntary termination" means the day	10286
the intermediate care facility for the mentally retarded ceases to	10287
accept medicaid patients.	10288

(E) "Effective date of a voluntary withdrawal of	10289
participation" means the day the nursing facility ceases to accept	10290
new medicaid patients other than the individuals who reside in the	10291
nursing facility on the day before the effective date of the	10292
voluntary withdrawal of participation.	10293

(F) "Entering operator" means the person or government entity	10294
that will become the operator of a nursing facility or	10295
intermediate care facility for the mentally retarded when a change	10296
of operator occurs.	10297

(G) "Exiting operator" means any of the following:

10298

(1) An operator that will cease to be the operator of a	10299
nursing facility or intermediate care facility for the mentally	10300
retarded on the effective date of a change of operator;	10301

(2) An operator that will cease to be the operator of a	10302
nursing facility or intermediate care facility for the mentally	10303
retarded on the effective date of a facility closure;	10304

(3) An operator of an intermediate care facility for the	10305
mentally retarded that is undergoing or has undergone a voluntary	10306
termination;	10307

(4) An operator of a nursing facility that is undergoing or	10308
has undergone a voluntary withdrawal of participation.	10309

(H)(1) "Facility closure" means discontinuance of the use of	10310
the building, or part of the building, that houses the facility as	10311
a nursing facility or intermediate care facility for the mentally	10312
retarded that results in the relocation of all of the facility's	10313
residents. A facility closure occurs regardless of any of the	10314
following:	10315

(a) The operator completely or partially replacing the	10316
facility by constructing a new facility or transferring the	10317
facility's license to another facility;	10318

(b) The facility's residents relocating to another of the	10319
operator's facilities;	10320

(c) Any action the department of health takes regarding the	10321
facility's certification under Title XIX of the "Social Security	10322
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended, that may	10323
result in the transfer of part of the facility's survey findings	10324
to another of the operator's facilities;	10325

(d) Any action the department of health takes regarding the	10326
facility's license under Chapter 3721. of the Revised Code;	10327

(e) Any action the department of ~~mental retardation and~~	10328
developmental disabilities takes regarding the facility's license	10329
under section 5123.19 of the Revised Code.	10330

(2) A facility closure does not occur if all of the	10331
facility's residents are relocated due to an emergency evacuation	10332
and one or more of the residents return to a medicaid-certified	10333
bed in the facility not later than thirty days after the	10334
evacuation occurs.	10335

(I) "Fiscal year," "intermediate care facility for the	10336
mentally retarded," "nursing facility," "operator," "owner," and	10337
"provider agreement" have the same meanings as in section 5111.20	10338
of the Revised Code.	10339

(J) "Voluntary termination" means an operator's voluntary	10340
election to terminate the participation of an intermediate care	10341
facility for the mentally retarded in the medicaid program but to	10342
continue to provide service of the type provided by a residential	10343
facility as defined in section 5123.19 of the Revised Code.	10344

(K) "Voluntary withdrawal of participation" means an	10345
operator's voluntary election to terminate the participation of a	10346
nursing facility in the medicaid program but to continue to	10347
provide service of the type provided by a nursing facility.	10348

Sec. 5111.677. Neither of the following shall affect the	10349
department of job and family services' determination of whether or	10350
when a change of operator occurs or the effective date of an	10351
entering operator's provider agreement under section 5111.671,	10352
section 5111.672, or, pursuant to section 5111.675, section	10353
5111.22 of the Revised Code:	10354

(A) The department of health's determination that a change of	10355
operator has or has not occurred for purposes of licensure under	10356
Chapter 3721. of the Revised Code;	10357

(B) The department of ~~mental retardation and~~ developmental	10358
disabilities' determination that a change of operator has or has	10359
not occurred for purposes of licensure under section 5123.19 of	10360
the Revised Code.	10361

Sec. 5111.709. (A) There is hereby created the medicaid	10362
buy-in advisory council. The council shall consist of all of the	10363
following:	10364

(1) The following voting members:

10365

(a) The executive director of assistive technology of Ohio or	10366
the executive director's designee;	10367

(b) The director of the axis center for public awareness of	10368
people with disabilities or the director's designee;	10369

(c) The executive director of the cerebral palsy association	10370
of Ohio or the executive director's designee;	10371

(d) The chief executive officer of Ohio advocates for mental	10372
health or the chief executive officer's designee;	10373

(e) The state director of the Ohio chapter of AARP or the	10374
state director's designee;	10375

(f) The director of the Ohio developmental disabilities	10376
council created under section 5123.35 of the Revised Code or the	10377
director's designee;	10378

(g) The executive director of the governor's council on	10379
people with disabilities created under section 3303.41 of the	10380
Revised Code or the executive director's designee;	10381

(h) The administrator of the legal rights service created	10382
under section 5123.60 of the Revised Code or the administrator's	10383
designee;	10384

(i) The chairperson of the Ohio Olmstead task force or the	10385
chairperson's designee;	10386

(j) The executive director of the Ohio statewide independent	10387
living council or the executive director's designee;	10388

(k) The president of the Ohio chapter of the national	10389
multiple sclerosis society or the president's designee;	10390

(l) The executive director of the arc of Ohio or the	10391
executive director's designee;	10392

(m) The executive director of the commission on minority	10393
health or the executive director's designee;	10394

(n) The executive director of the brain injury association of	10395
Ohio or the executive director's designee;	10396

(o) The executive officer of any other advocacy organization	10397
who volunteers to serve on the council, or such an executive	10398
officer's designee, if the other voting members, at a meeting	10399
called by the chairperson elected under division (C) of this	10400
section, determine it is appropriate for the advocacy organization	10401
to be represented on the council;	10402

(p) One or more participants who volunteer to serve on the	10403
council and are selected by the other voting members at a meeting	10404
the chairperson calls after the medicaid buy-in for workers with	10405
disabilities program is implemented.	10406

(2) The following non-voting members:

10407

(a) The director of job and family services or the director's	10408
designee;	10409

(b) The administrator of the rehabilitation services	10410
commission or the administrator's designee;	10411

(c) The director of alcohol and drug addiction services or	10412
the director's designee;	10413

(d) The director of ~~mental retardation and~~ developmental	10414
disabilities or the director's designee;	10415

(e) The director of mental health or the director's designee;

10416

(f) The executive officer of any other government entity, or	10417
the executive officer's designee, if the voting members, at a	10418
meeting called by the chairperson, determine it is appropriate for	10419
the government entity to be represented on the council.	10420

(B) All members of the medicaid buy-in advisory council shall	10421
serve without compensation or reimbursement, except as serving on	10422
the council is considered part of their usual job duties.	10423

(C) The voting members of the medicaid buy-in advisory	10424
council shall elect one of the members of the council to serve as	10425
the council's chairperson for a two-year term. The chairperson	10426
may be re-elected to successive terms.	10427

(D) The department of job and family services shall provide	10428
the Ohio medicaid buy-in advisory council with accommodations for	10429
the council to hold its meetings and shall provide the council	10430
with other administrative assistance the council needs to perform	10431
its duties.	10432

Sec. 5111.87. (A) As used in this section and section	10433
5111.871 of the Revised Code:	10434

(1) "Intermediate care facility for the mentally retarded"	10435
has the same meaning as in section 5111.20 of the Revised Code.	10436

(2) "Medicaid waiver component" has the same meaning as in	10437
section 5111.85 of the Revised Code.	10438

(B) The director of job and family services may apply to the	10439
United States secretary of health and human services for both of	10440
the following:	10441

(1) One or more medicaid waiver components under which home	10442
and community-based services are provided to individuals with	10443
mental retardation or other developmental disability as an	10444
alternative to placement in an intermediate care facility for the	10445
mentally retarded;	10446

(2) One or more medicaid waiver components under which home	10447
and community-based services are provided in the form of any of	10448
the following:	10449

(a) Early intervention and supportive services for children	10450
under three years of age who have developmental delays or	10451
disabilities the director determines are significant;	10452

(b) Therapeutic services for children who have autism;

10453

(c) Specialized habilitative services for individuals who are	10454
eighteen years of age or older and have autism.	10455

(C) No medicaid waiver component authorized by division	10456
(B)(2)(b) or (c) of this section shall provide services that are	10457
available under another medicaid waiver component. No medicaid	10458
waiver component authorized by division (B)(2)(b) of this section	10459
shall provide services to an individual that the individual is	10460
eligible to receive through an individualized education program as	10461
defined in section 3323.01 of the Revised Code.	10462

(D) The director of ~~mental retardation and~~ developmental	10463
disabilities or director of health may request that the director	10464
of job and family services apply for one or more medicaid waivers	10465
under this section.	10466

(E) Before applying for a waiver under this section, the	10467
director of job and family services shall seek, accept, and	10468
consider public comments.	10469

Sec. 5111.871. The department of job and family services	10470
shall enter into a contract with the department of ~~mental~~	10471
~~retardation and~~ developmental disabilities under section 5111.91	10472
of the Revised Code with regard to one or more of the components	10473
of the medicaid program established by the department of job and	10474
family services under one or more of the medicaid waivers sought	10475
under section 5111.87 of the Revised Code. The contract shall	10476
provide for the department of ~~mental retardation and~~ developmental	10477
disabilities to administer the components in accordance with the	10478
terms of the waivers. The directors of job and family services and	10479
~~mental retardation and~~ developmental disabilities shall adopt	10480
rules in accordance with Chapter 119. of the Revised Code	10481
governing the components.	10482

If the department of ~~mental retardation and~~ developmental	10483
disabilities or the department of job and family services denies	10484
an individual's application for home and community-based services	10485
provided under any of these medicaid components, the department	10486
that denied the services shall give timely notice to the	10487
individual that the individual may request a hearing under section	10488
5101.35 of the Revised Code.	10489

The departments of ~~mental retardation and~~ developmental	10490
disabilities and job and family services may approve, reduce,	10491
deny, or terminate a service included in the individualized	10492
service plan developed for a medicaid recipient eligible for home	10493
and community-based services provided under any of these medicaid	10494
components. The departments shall consider the recommendations a	10495
county board of mental retardation and developmental disabilities	10496
makes under division (A)(1)(c) of section 5126.055 of the Revised	10497
Code. If either department approves, reduces, denies, or	10498
terminates a service, that department shall give timely notice to	10499
the medicaid recipient that the recipient may request a hearing	10500
under section 5101.35 of the Revised Code.	10501

If supported living, as defined in section 5126.01 of the	10502
Revised Code, is to be provided as a service under any of these	10503
components, any person or government entity with a current, valid	10504
medicaid provider agreement and a current, valid certificate	10505
under section 5123.161 of the Revised Code may provide the	10506
service.	10507

If a service is to be provided under any of these components	10508
by a residential facility, as defined in section 5123.19 of the	10509
Revised Code, any person or government entity with a current,	10510
valid medicaid provider agreement and a current, valid license	10511
under section 5123.19 of the Revised Code may provide the service.	10512

Sec. 5111.872. When the department of ~~mental retardation and~~	10513
developmental disabilities allocates enrollment numbers to a	10514
county board of mental retardation and developmental disabilities	10515
for home and community-based services specified in division (B)(1)	10516
of section 5111.87 of the Revised Code and provided under any of	10517
the components of the medicaid program that the department	10518
administers under section 5111.871 of the Revised Code, the	10519
department shall consider all of the following:	10520

(A) The number of individuals with mental retardation or	10521
other developmental disability who are on a waiting list the	10522
county board establishes under division (C) of section 5126.042 of	10523
the Revised Code for those services and are given priority on the	10524
waiting list pursuant to division (D) or (E) of that section;	10525

(B) The implementation component required by division (A)(3)	10526
of section 5126.054 of the Revised Code of the county board's plan	10527
approved under section 5123.046 of the Revised Code;	10528

(C) Anything else the department considers necessary to	10529
enable county boards to provide those services to individuals in	10530
accordance with the priority requirements of divisions (D) and (E)	10531
of section 5126.042 of the Revised Code.	10532

Sec. 5111.873. (A) Not later than the effective date of the	10533
first of any medicaid waivers the United States secretary of	10534
health and human services grants pursuant to a request made under	10535
section 5111.87 of the Revised Code, the director of job and	10536
family services shall adopt rules in accordance with Chapter 119.	10537
of the Revised Code establishing statewide fee schedules for home	10538
and community-based services specified in division (B)(1) of	10539
section 5111.87 of the Revised Code and provided under the	10540
components of the medicaid program that the department of ~~mental~~	10541
~~retardation and~~ developmental disabilities administers under	10542
section 5111.871 of the Revised Code. The rules shall provide for	10543
all of the following:	10544

(1) The department of ~~mental retardation and~~ developmental	10545
disabilities arranging for the initial and ongoing collection of	10546
cost information from a comprehensive, statistically valid sample	10547
of persons and government entities providing the services at the	10548
time the information is obtained;	10549

(2) The collection of consumer-specific information through	10550
an assessment instrument the department of ~~mental retardation and~~	10551
developmental disabilities shall provide to the department of job	10552
and family services;	10553

(3) With the information collected pursuant to divisions	10554
(A)(1) and (2) of this section, an analysis of that information,	10555
and other information the director determines relevant, methods	10556
and standards for calculating the fee schedules that do all of the	10557
following:	10558

(a) Assure that the fees are consistent with efficiency,	10559
economy, and quality of care;	10560

(b) Consider the intensity of consumer resource need;

10561

(c) Recognize variations in different geographic areas	10562
regarding the resources necessary to assure the health and welfare	10563
of consumers;	10564

(d) Recognize variations in environmental supports available	10565
to consumers.	10566

(B) As part of the process of adopting rules under this	10567
section, the director shall consult with the director of ~~mental~~	10568
~~retardation and~~ developmental disabilities, representatives of	10569
county boards of mental retardation and developmental	10570
disabilities, persons who provide the home and community-based	10571
services, and other persons and government entities the director	10572
identifies.	10573

(C) The directors of job and family services and ~~mental~~	10574
~~retardation and~~ developmental disabilities shall review the rules	10575
adopted under this section at times they determine to ensure that	10576
the methods and standards established by the rules for calculating	10577
the fee schedules continue to do everything that division (A)(3)	10578
of this section requires.	10579

Sec. 5111.874. (A) As used in sections 5111.874 to 5111.8710	10580
of the Revised Code:	10581

"Home and community-based services" has the same meaning as	10582
in section 5123.01 of the Revised Code.	10583

"ICF/MR services" means intermediate care facility for the	10584
mentally retarded services covered by the medicaid program that an	10585
intermediate care facility for the mentally retarded provides to a	10586
resident of the facility who is a medicaid recipient eligible for	10587
medicaid-covered intermediate care facility for the mentally	10588
retarded services.	10589

"Intermediate care facility for the mentally retarded" means	10590
an intermediate care facility for the mentally retarded that is	10591
certified as in compliance with applicable standards for the	10592
medicaid program by the director of health in accordance with	10593
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42	10594
U.S.C. 1396, as amended, and licensed as a residential facility	10595
under section 5123.19 of the Revised Code.	10596

"Residential facility" has the same meaning as in section	10597
5123.19 of the Revised Code.	10598

(B) For the purpose of increasing the number of slots	10599
available for home and community-based services and subject to	10600
sections 5111.877 and 5111.878 of the Revised Code, the operator	10601
of an intermediate care facility for the mentally retarded may	10602
convert all of the beds in the facility from providing ICF/MR	10603
services to providing home and community-based services if all	10604
of the following requirements are met:	10605

(1) The operator provides the directors of health, job and	10606
family services, and ~~mental retardation and~~ developmental	10607
disabilities at least ninety days' notice of the operator's intent	10608
to relinquish the facility's certification as an intermediate care	10609
facility for the mentally retarded and to begin providing home and	10610
community-based services.	10611

(2) The operator complies with the requirements of sections	10612
5111.65 to 5111.688 of the Revised Code regarding a voluntary	10613
termination as defined in section 5111.65 of the Revised Code if	10614
those requirements are applicable.	10615

(3) The operator notifies each of the facility's residents	10616
that the facility is to cease providing ICF/MR services and inform	10617
each resident that the resident may do either of the following:	10618

(a) Continue to receive ICF/MR services by transferring to	10619
another facility that is an intermediate care facility for the	10620
mentally retarded willing and able to accept the resident if the	10621
resident continues to qualify for ICF/MR services;	10622

(b) Begin to receive home and community-based services	10623
instead of ICF/MR services from any provider of home and	10624
community-based services that is willing and able to provide the	10625
services to the resident if the resident is eligible for the	10626
services and a slot for the services is available to the resident.	10627

(4) The operator meets the requirements for providing home	10628
and community-based services, including the following:	10629

(a) Such requirements applicable to a residential facility if	10630
the operator maintains the facility's license as a residential	10631
facility;	10632

(b) Such requirements applicable to a facility that is not	10633
licensed as a residential facility if the operator surrenders the	10634
facility's residential facility license under section 5123.19 of	10635
the Revised Code.	10636

(5) The director of ~~mental retardation and~~ developmental	10637
disabilities approves the conversion.	10638

(C) The notice to the director of ~~mental retardation and~~	10639
developmental disabilities under division (B)(1) of this section	10640
shall specify whether the operator wishes to surrender the	10641
facility's license as a residential facility under section 5123.19	10642
of the Revised Code.	10643

(D) If the director of ~~mental retardation and~~ developmental	10644
disabilities approves a conversion under division (B) of this	10645
section, the director of health shall terminate the certification	10646
of the intermediate care facility for the mentally retarded to be	10647
converted. The director of health shall notify the director of	10648
job and family services of the termination. On receipt of the	10649
director of health's notice, the director of job and family	10650
services shall terminate the operator's medicaid provider	10651
agreement that authorizes the operator to provide ICF/MR services	10652
at the facility. The operator is not entitled to notice or a	10653
hearing under Chapter 119. of the Revised Code before the	10654
director of job and family services terminates the medicaid	10655
provider agreement.	10656

Sec. 5111.875. (A) For the purpose of increasing the number	10657
of slots available for home and community-based services and	10658
subject to sections 5111.877 and 5111.878 of the Revised Code, a	10659
person who acquires, through a request for proposals issued by	10660
the director of ~~mental retardation and~~ developmental	10661
disabilities, a residential facility that is an intermediate care	10662
facility for the mentally retarded and for which the license as a	10663
residential facility was previously surrendered or revoked may	10664
convert some or all of the facility's beds from providing ICF/MR	10665
services to providing home and community-based services if all	10666
of the following requirements are met:	10667

(1) The person provides the directors of health, job and	10668
family services, and ~~mental retardation and~~ developmental	10669
disabilities at least ninety days' notice of the person's intent	10670
to make the conversion.	10671

(2) The person complies with the requirements of sections	10672
5111.65 to 5111.688 of the Revised Code regarding a voluntary	10673
termination as defined in section 5111.65 of the Revised Code if	10674
those requirements are applicable.	10675

(3) If the person intends to convert all of the facility's	10676
beds, the person notifies each of the facility's residents that	10677
the facility is to cease providing ICF/MR services and informs	10678
each resident that the resident may do either of the following:	10679

(a) Continue to receive ICF/MR services by transferring to	10680
another facility that is an intermediate care facility for the	10681
mentally retarded willing and able to accept the resident if the	10682
resident continues to qualify for ICF/MR services;	10683

(b) Begin to receive home and community-based services	10684
instead of ICF/MR services from any provider of home and	10685
community-based services that is willing and able to provide the	10686
services to the resident if the resident is eligible for the	10687
services and a slot for the services is available to the resident.	10688

(4) If the person intends to convert some but not all of the	10689
facility's beds, the person notifies each of the facility's	10690
residents that the facility is to convert some of its beds from	10691
providing ICF/MR services to providing home and community-based	10692
services and inform each resident that the resident may do either	10693
of the following:	10694

(a) Continue to receive ICF/MR services from any provider of	10695
ICF/MR services that is willing and able to provide the services	10696
to the resident if the resident continues to qualify for ICF/MR	10697
services;	10698

(b) Begin to receive home and community-based services	10699
instead of ICF/MR services from any provider of home and	10700
community-based services that is willing and able to provide the	10701
services to the resident if the resident is eligible for the	10702
services and a slot for the services is available to the resident.	10703

(5) The person meets the requirements for providing home and	10704
community-based services at a residential facility.	10705

(B) The notice provided to the directors under division	10706
(A)(1) of this section shall specify whether some or all of the	10707
facility's beds are to be converted. If some but not all of the	10708
beds are to be converted, the notice shall specify how many of	10709
the facility's beds are to be converted and how many of the beds	10710
are to continue to provide ICF/MR services.	10711

(C) On receipt of a notice under division (A)(1) of this	10712
section, the director of health shall do the following:	10713

(1) Terminate the certification of the intermediate care	10714
facility for the mentally retarded if the notice specifies that	10715
all of the facility's beds are to be converted;	10716

(2) Reduce the facility's certified capacity by the number of	10717
beds being converted if the notice specifies that some but not all	10718
of the beds are to be converted.	10719

(D) The director of health shall notify the director of job	10720
and family services of the termination or reduction under division	10721
(C) of this section. On receipt of the director of health's	10722
notice, the director of job and family services shall do the	10723
following:	10724

(1) Terminate the person's medicaid provider agreement that	10725
authorizes the person to provide ICF/MR services at the facility	10726
if the facility's certification was terminated;	10727

(2) Amend the person's medicaid provider agreement to reflect	10728
the facility's reduced certified capacity if the facility's	10729
certified capacity is reduced.	10730

The person is not entitled to notice or a hearing under	10731
Chapter 119. of the Revised Code before the director of job and	10732
family services terminates or amends the medicaid provider	10733
agreement.	10734

Sec. 5111.876. Subject to section 5111.877 of the Revised	10735
Code, the director of ~~mental retardation and~~ developmental	10736
disabilities may request that the director of job and family	10737
services seek the approval of the United States secretary of	10738
health and human services to increase the number of slots	10739
available for home and community-based services by a number not	10740
exceeding the number of beds that were part of the licensed	10741
capacity of a residential facility that had its license revoked or	10742
surrendered under section 5123.19 of the Revised Code if the	10743
residential facility was an intermediate care facility for the	10744
mentally retarded at the time of the license revocation or	10745
surrender. The revocation or surrender may have occurred before,	10746
or may occur on or after, ~~the effective date of this section~~June	10747
24, 2008. The request may include beds the director removed from	10748
such a residential facility's licensed capacity before	10749
transferring ownership or operation of the residential facility	10750
pursuant to a request for proposals.	10751

Sec. 5111.8710. The directors of job and family services and	10752
~~mental retardation and~~ developmental disabilities may adopt rules	10753
in accordance with Chapter 119. of the Revised Code as necessary	10754
to implement sections 5111.874 to 5111.8710 of the Revised Code.	10755

Sec. 5111.915. (A) The department of job and family services	10756
shall enter into an agreement with the department of	10757
administrative services for the department of administrative	10758
services to contract through competitive selection pursuant to	10759
section 125.07 of the Revised Code with a vendor to perform an	10760
assessment of the data collection and data warehouse functions of	10761
the medicaid data warehouse system, including the ability to link	10762
the data sets of all agencies serving medicaid recipients.	10763

The assessment of the data system shall include functions	10764
related to fraud and abuse detection, program management and	10765
budgeting, and performance measurement capabilities of all	10766
agencies serving medicaid recipients, including the departments of	10767
aging, alcohol and drug addiction services, health, job and family	10768
services, mental health, and ~~mental retardation and~~ developmental	10769
disabilities.	10770

The department of administrative services shall enter into	10771
this contract within thirty days after ~~the effective date of this~~	10772
~~section~~September 29, 2005. The contract shall require the vendor	10773
to complete the assessment within ninety days after ~~the effective~~	10774
~~date of this section~~September 29, 2005.	10775

A qualified vendor with whom the department of administrative	10776
services contracts to assess the data system shall also assist the	10777
medicaid agencies in the definition of the requirements for an	10778
enhanced data system or a new data system and assist the	10779
department of administrative services in the preparation of a	10780
request for proposal to enhance or develop a data system.	10781

(B) Based on the assessment performed pursuant to division	10782
(A) of this section, the department of administrative services	10783
shall seek a qualified vendor through competitive selection	10784
pursuant to section 125.07 of the Revised Code to develop or	10785
enhance a data collection and data warehouse system for the	10786
department of job and family services and all agencies serving	10787
medicaid recipients.	10788

Within ninety days after ~~the effective date of this section~~	10789
September 29, 2005, the department of job and family services	10790
shall seek enhanced federal funding for ninety per cent of the	10791
funds required to establish or enhance the data system. The	10792
department of administrative services shall not award a contract	10793
for establishing or enhancing the data system until the department	10794
of job and family services receives approval from the secretary of	10795
the United States department of health and human services for the	10796
ninety per cent federal match.	10797

Sec. 5112.30. As used in sections 5112.30 to 5112.39 of the	10798
Revised Code:	10799

(A) "Intermediate care facility for the mentally retarded"	10800
has the same meaning as in section 5111.20 of the Revised Code,	10801
except that it does not include any such facility operated by the	10802
department of ~~mental retardation and~~ developmental disabilities.	10803

(B) "Medicaid" has the same meaning as in section 5111.01 of	10804
the Revised Code.	10805

Sec. 5112.32. For the purpose of the franchise permit fee	10806
imposed under section 5112.31 of the Revised Code, the department	10807
of ~~mental retardation and~~ developmental disabilities shall:	10808

(A) Not later than August 1, 1993, report to the department	10809
of job and family services the number of beds in each intermediate	10810
care facility for the mentally retarded certified on July 1, 1993,	10811
under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),	10812
42 U.S.C.A. 301, as amended;	10813

(B) Not later than June 1, 1994, and the first day of each	10814
June thereafter, report to the department of job and family	10815
services the number of beds in each such facility certified on the	10816
preceding first day of May under that title.	10817

Sec. 5112.37. There is hereby created in the state treasury	10818
the home and community-based services for the mentally retarded	10819
and developmentally disabled fund. Ninety-four and twenty-eight	10820
hundredths per cent of all installment payments and penalties	10821
paid by an intermediate care facility for the mentally retarded	10822
under sections 5112.33 and 5112.34 of the Revised Code shall be	10823
deposited into the fund. The department of job and family	10824
services shall distribute the money in the fund in accordance	10825
with rules adopted under section 5112.39 of the Revised Code. The	10826
departments of job and family services and ~~mental retardation and~~	10827
developmental disabilities shall use the money for the medicaid	10828
program established under Chapter 5111. of the Revised Code and	10829
home and community-based services to mentally retarded and	10830
developmentally disabled persons.	10831

Sec. 5112.371. There is hereby created in the state treasury	10832
the children with intensive behavioral needs programs fund. Five	10833
and seventy-two hundredths per cent of all installment payments	10834
and penalties paid by an intermediate care facility for the	10835
mentally retarded under sections 5112.33 and 5112.34 of the	10836
Revised Code shall be deposited in the fund. The money in the fund	10837
shall be used for the programs the director of ~~mental retardation~~	10838
~~and~~ developmental disabilities establishes under section 5123.0417	10839
of the Revised Code.	10840

Sec. 5119.16. As used in this section, "free clinic" has the	10841
same meaning as in section 2305.2341 of the Revised Code.	10842

(A) The department of mental health is hereby designated to	10843
provide certain goods and services for the department of mental	10844
health, the department of ~~mental retardation and~~ developmental	10845
disabilities, the department of rehabilitation and correction, the	10846
department of youth services, and other state, county, or	10847
municipal agencies requesting such goods and services when the	10848
department of mental health determines that it is in the public	10849
interest, and considers it advisable, to provide these goods and	10850
services. The department of mental health also may provide goods	10851
and services to agencies operated by the United States government	10852
and to public or private nonprofit agencies, other than free	10853
clinics, that are funded in whole or in part by the state if the	10854
public or private nonprofit agencies are designated for	10855
participation in this program by the director of mental health for	10856
community mental health agencies, the director of ~~mental~~	10857
~~retardation and~~ developmental disabilities for community mental	10858
retardation and developmental disabilities agencies, the director	10859
of rehabilitation and correction for community rehabilitation and	10860
correction agencies, or the director of youth services for	10861
community youth services agencies.	10862

Designated community agencies shall receive goods and	10863
services through the department of mental health only in those	10864
cases where the designating state agency certifies that providing	10865
such goods and services to the agency will conserve public	10866
resources to the benefit of the public and where the provision of	10867
such goods and services is considered feasible by the department	10868
of mental health.	10869

(B) The department of mental health may permit free clinics	10870
to purchase certain goods and services to the extent the purchases	10871
fall within the exemption to the Robinson-Patman Act, 15 U.S.C. 13	10872
et seq., applicable to ~~non-profit~~nonprofit institutions, in 15	10873
U.S.C. 13c, as amended.	10874

(C) The goods and services to be provided by the department	10875
of mental health under divisions (A) and (B) of this section may	10876
include:	10877

(1) Procurement, storage, processing, and distribution of	10878
food and professional consultation on food operations;	10879

(2) Procurement, storage, and distribution of medical and	10880
laboratory supplies, dental supplies, medical records, forms,	10881
optical supplies, and sundries, subject to section 5120.135 of the	10882
Revised Code;	10883

(3) Procurement, storage, repackaging, distribution, and	10884
dispensing of drugs, the provision of professional pharmacy	10885
consultation, and drug information services;	10886

(4) Other goods and services as may be agreed to.

10887

(D) The department of mental health shall provide the goods	10888
and services designated in division (C) of this section to its	10889
institutions and to state-operated community-based mental health	10890
services.	10891

(E) After consultation with and advice from the director of	10892
~~mental retardation and~~ developmental disabilities, the director of	10893
rehabilitation and correction, and the director of youth services,	10894
the department of mental health shall provide the goods and	10895
services designated in division (C) of this section to the	10896
department of ~~mental retardation and~~ developmental disabilities,	10897
the department of rehabilitation and correction, and the	10898
department of youth services.	10899

(F) The cost of administration of this section shall be	10900
determined by the department of mental health and paid by the	10901
agencies or free clinics receiving the goods and services to the	10902
department for deposit in the state treasury to the credit of the	10903
mental health fund, which is hereby created. The fund shall be	10904
used to pay the cost of administration of this section to the	10905
department.	10906

(G) If the goods or services designated in division (C) of	10907
this section are not provided in a satisfactory manner by the	10908
department of mental health to the agencies described in division	10909
(A) of this section, the director of ~~mental retardation and~~	10910
developmental disabilities, the director of rehabilitation and	10911
correction, the director of youth services, or the managing	10912
officer of a department of mental health institution shall attempt	10913
to resolve unsatisfactory service with the director of mental	10914
health. If, after such attempt, the provision of goods or services	10915
continues to be unsatisfactory, the director or officer shall	10916
notify the director of mental health. If within thirty days of	10917
such notice the department of mental health does not provide the	10918
specified goods and services in a satisfactory manner, the	10919
director of ~~mental retardation and~~ developmental disabilities, the	10920
director of rehabilitation and correction, the director of youth	10921
services, or the managing officer of the department of mental	10922
health institution shall notify the director of mental health of	10923
the director's or managing officer's intent to cease purchasing	10924
goods and services from the department. Following a sixty-day	10925
cancellation period from the date of such notice, the department	10926
of ~~mental retardation~~developmental disabilities, department of	10927
rehabilitation and correction, department of youth services, or	10928
the department of mental health institution may obtain the goods	10929
and services from a source other than the department of mental	10930
health, if the department certifies to the department of	10931
administrative services that the requirements of this division	10932
have been met.	10933

(H) Whenever a state agency fails to make a payment for goods	10934
and services provided under this section within thirty-one days	10935
after the date the payment was due, the office of budget and	10936
management may transfer moneys from the state agency to the	10937
department of mental health. The amount transferred shall not	10938
exceed the amount of overdue payments. Prior to making a transfer	10939
under this division, the office of budget and management shall	10940
apply any credits the state agency has accumulated in payments for	10941
goods and services provided under this section.	10942

(I) Purchases of goods and services under this section are	10943
not subject to section 307.86 of the Revised Code.	10944

Sec. 5119.221. (A) Upon petition by the director of mental	10945
health, the court of common pleas or the probate court may appoint	10946
a receiver to take possession of and operate a residential	10947
facility licensed pursuant to section 5119.22 of the Revised Code,	10948
when conditions existing at the residential facility present a	10949
substantial risk of physical or mental harm to residents and no	10950
other remedies at law are adequate to protect the health, safety,	10951
and welfare of the residents.	10952

Petitions filed pursuant to this section shall include:

10953

(1) A description of the specific conditions existing at the	10954
residential facility which present a substantial risk of physical	10955
or mental harm to residents;	10956

(2) A statement of the absence of other adequate remedies at	10957
law;	10958

(3) The number of individuals residing at the facility;

10959

(4) A statement that the facts have been brought to the	10960
attention of the owner or licensee and that conditions have not	10961
been remedied within a reasonable period of time or that the	10962
conditions, though remedied periodically, habitually exist at the	10963
residential facility as a pattern or practice; and	10964

(5) The name and address of the person holding the license	10965
for the residential facility.	10966

(B) A court in which a petition is filed pursuant to this	10967
section shall notify the person holding the license for the	10968
facility of the filing. The department shall send notice of the	10969
filing to the following, as appropriate: the legal rights service	10970
created pursuant to section 5123.60 of the Revised Code; facility	10971
owner; facility operator; board of alcohol, drug addiction, and	10972
mental health services; board of health; department of ~~mental~~	10973
~~retardation and~~ developmental disabilities; department of job and	10974
family services; facility residents; and residents' families and	10975
guardians. The court shall provide a hearing on the petition	10976
within five court days of the time it was filed, except that the	10977
court may appoint a receiver prior to that time if it determines	10978
that the circumstances necessitate such action.	10979

Following a hearing on the petition, and upon a determination	10980
that the appointment of a receiver is warranted, the court shall	10981
appoint a receiver and notify the department of mental health and	10982
appropriate persons of this action.	10983

In setting forth the powers of the receiver, the court may	10984
generally authorize the receiver to do all that is prudent and	10985
necessary to safely and efficiently operate the residential	10986
facility within the requirements of state and federal law, but	10987
shall require the receiver to obtain court approval prior to	10988
making any single expenditure of more than five thousand dollars	10989
to correct deficiencies in the structure or furnishings of a	10990
facility. The court shall closely review the conduct of the	10991
receiver and shall require regular and detailed reports.	10992

(C) A receivership established pursuant to this section shall	10993
be terminated, following notification of the appropriate parties	10994
and a hearing, if the court determines either of the following:	10995

(1) The residential facility has been closed and the former	10996
residents have been relocated to an appropriate facility;	10997

(2) Circumstances no longer exist at the residential facility	10998
which present a substantial risk of physical or mental harm to	10999
residents, and there is no deficiency in the residential facility	11000
that is likely to create a future risk of harm.	11001

Notwithstanding division (C)(2) of this section, the court	11002
shall not terminate a receivership for a residential facility that	11003
has previously operated under another receivership unless the	11004
responsibility for the operation of the facility is transferred to	11005
an operator approved by the court and the department of mental	11006
health.	11007

(D) Except for the department of mental health or appropriate	11008
board of alcohol, drug addiction, and mental health services, no	11009
party or person interested in an action shall be appointed a	11010
receiver pursuant to this section.	11011

To assist the court in identifying persons qualified to be	11012
named as receivers, the director of the department of mental	11013
health shall maintain a list of the names of such persons. The	11014
department of mental health, the department of job and family	11015
services, and the department of health shall provide technical	11016
assistance to any receiver appointed pursuant to this section.	11017

Before entering upon the duties of receiver, the receiver	11018
must be sworn to perform the duties faithfully, and, with surety	11019
approved by the court, judge, or clerk, execute a bond to such	11020
person, and in such sum as the court or judge directs, to the	11021
effect that such receiver will faithfully discharge the duties of	11022
receiver in the action, and obey the orders of the court therein.	11023

(1) Under the control of the appointing court, a receiver may	11024
do the following:	11025

(a) Bring and defend actions in the appointee's name as	11026
receiver;	11027

(b) Take and keep possession of property.

11028

(2) The court shall authorize the receiver to do the	11029
following:	11030

(a) Collect payment for all goods and services provided to	11031
the residents or others during the period of the receivership at	11032
the same rate as was charged by the licensee at the time the	11033
petition for receivership was filed, unless a different rate is	11034
set by the court;	11035

(b) Honor all leases, mortgages, and secured transactions	11036
governing all buildings, goods, and fixtures of which the receiver	11037
has taken possession, but, in the case of a rental agreement only	11038
to the extent of payments that are for the use of the property	11039
during the period of the receivership, or, in the case of a	11040
purchase agreement, only to the extent that payments come due	11041
during the period of the receivership;	11042

(c) If transfer of residents is necessary, provide for the	11043
orderly transfer of residents by:	11044

(i) Cooperating with all appropriate state and local agencies	11045
in carrying out the transfer of residents to alternative community	11046
placements;	11047

(ii) Providing for the transportation of residents'	11048
belongings and records;	11049

(iii) Helping to locate alternative placements and develop	11050
plans for transfer;	11051

(iv) Encouraging residents or guardians to participate in	11052
transfer planning except when an emergency exists and immediate	11053
transfer is necessary.	11054

(d) Make periodic reports on the status of the residential	11055
facility to the court; the appropriate state agencies; and the	11056
board of alcohol, drug addiction, and mental health services. Each	11057
report shall be made available to residents, their guardians, and	11058
families.	11059

(e) Compromise demands or claims; and

11060

(f) Generally do such acts respecting the residential	11061
facility as the court authorizes.	11062

Notwithstanding any other provision of law, contracts which	11063
are necessary to carry out the powers and duties of the receiver	11064
need not be competitively bid.	11065

Sec. 5119.51. Pursuant to Article X of the compact set forth	11066
in section 5119.50 of the Revised Code, the director of mental	11067
health and the director of ~~mental retardation and~~ developmental	11068
disabilities each shall designate an officer who shall be the	11069
compact administrator for ~~his~~the department and who, acting	11070
jointly with like officers of other party states, shall adopt	11071
rules to carry out more effectively the terms of the compact. The	11072
compact administrators of each department shall serve subject to	11073
the pleasure of the governor and shall cooperate with all	11074
departments, agencies, and officers of and in the government of	11075
this state and its subdivisions in facilitating the proper	11076
administration of the compact or of any supplementary agreements	11077
entered into by this state thereunder.	11078

Sec. 5120.135. (A) As used in this section, "laboratory	11079
services" includes the performance of medical laboratory analysis;	11080
professional laboratory and pathologist consultation; the	11081
procurement, storage, and distribution of laboratory supplies; and	11082
the performance of phlebotomy services.	11083

(B) The department of rehabilitation and correction shall	11084
provide laboratory services to the departments of mental health,	11085
~~mental retardation and~~ developmental disabilities, youth services,	11086
and rehabilitation and correction. The department of	11087
rehabilitation and correction may also provide laboratory services	11088
to other state, county, or municipal agencies and to private	11089
persons that request laboratory services if the department of	11090
rehabilitation and correction determines that the provision of	11091
laboratory services is in the public interest and considers it	11092
advisable to provide such services. The department of	11093
rehabilitation and correction may also provide laboratory services	11094
to agencies operated by the United States government and to public	11095
and private entities funded in whole or in part by the state if	11096
the director of rehabilitation and correction designates them as	11097
eligible to receive such services.	11098

The department of rehabilitation and correction shall provide	11099
laboratory services from a laboratory that complies with the	11100
standards for certification set by the United States department of	11101
health and human services under the "Clinical Laboratory	11102
Improvement Amendments of 1988," 102 Stat. 293, 42 U.S.C.A. 263a.	11103
In addition, the laboratory shall maintain accreditation or	11104
certification with an appropriate accrediting or certifying	11105
organization as considered necessary by the recipients of its	11106
laboratory services and as authorized by the director of	11107
rehabilitation and correction.	11108

(C) The cost of administering this section shall be	11109
determined by the department of rehabilitation and correction and	11110
shall be paid by entities that receive laboratory services to the	11111
department for deposit in the state treasury to the credit of the	11112
laboratory services fund, which is hereby created. The fund shall	11113
be used to pay the costs the department incurs in administering	11114
this section.	11115

(D) If the department of rehabilitation and correction does	11116
not provide laboratory services under this section in a	11117
satisfactory manner to the department of ~~mental retardation and~~	11118
developmental disabilities, youth services, or mental health, the	11119
director of ~~mental retardation and~~ developmental disabilities,	11120
youth services, or mental health shall attempt to resolve the	11121
matter of the unsatisfactory provision of services with the	11122
director of rehabilitation and correction. If, after this attempt,	11123
the provision of laboratory services continues to be	11124
unsatisfactory, the director of ~~mental retardation and~~	11125
developmental disabilities, youth services, or mental health shall	11126
notify the director of rehabilitation and correction regarding the	11127
continued unsatisfactory provision of laboratory services. If,	11128
within thirty days after the director receives this notice, the	11129
department of rehabilitation and correction does not provide the	11130
specified laboratory services in a satisfactory manner, the	11131
director of ~~mental retardation and~~ developmental disabilities,	11132
youth services, or mental health shall notify the director of	11133
rehabilitation and correction of the notifying director's intent	11134
to cease obtaining laboratory services from the department of	11135
rehabilitation and correction. Following the end of a cancellation	11136
period of sixty days that begins on the date of the notice, the	11137
department that sent the notice may obtain laboratory services	11138
from a provider other than the department of rehabilitation and	11139
correction, if the department that sent the notice certifies to	11140
the department of administrative services that the requirements of	11141
this division have been met.	11142

(E) Whenever a state agency fails to make a payment for	11143
laboratory services provided to it by the department of	11144
rehabilitation and correction under this section within thirty-one	11145
days after the date the payment was due, the office of budget and	11146
management may transfer moneys from that state agency to the	11147
department of rehabilitation and correction for deposit to the	11148
credit of the laboratory services fund. The amount transferred	11149
shall not exceed the amount of the overdue payments. Prior to	11150
making a transfer under this division, the office shall apply any	11151
credits the state agency has accumulated in payment for laboratory	11152
services provided under this section.	11153

Sec. 5121.01. As used in sections 5121.01 to 5121.21 of the	11154
Revised Code:	11155

(A) "Resident" means a person admitted to an institution or	11156
other facility pursuant to Chapter 5123. of the Revised Code who	11157
is under observation or receiving habilitation and care.	11158

(B) "Applicable cost" means the rate for support applicable	11159
to a resident as specified in this section.	11160

The cost for support of residents in institutions under the	11161
jurisdiction of the department of ~~mental retardation and~~	11162
developmental disabilities, and of residents in private facilities	11163
or homes whose care or treatment is being paid for by the	11164
department, shall be based on the average per capita cost of the	11165
care and treatment of the residents. The cost of services for	11166
residents shall be computed using the projected average daily per	11167
capita cost at the institution, or at the discretion of the	11168
department, the subunit thereof in which services are provided.	11169
Such costs shall be computed at least annually for the next	11170
prospective period using generally accepted governmental	11171
accounting principles. The cost of services for residents that are	11172
being cared for and maintained in a private facility or home under	11173
the supervision of the department and for which a purchase of	11174
services contract is being paid to the private facility or home by	11175
the department shall not be more than the per diem cost of the	11176
contract. The cost of services for a resident receiving	11177
pre-admission care, after-care, day-care, or routine consultation	11178
and treatment services in a community service unit under the	11179
jurisdiction of the department shall be computed on the basis of	11180
the average cost of such services at the institution at which they	11181
are provided.	11182

The department shall annually determine the ability to pay of	11183
a resident or the resident's liable relatives and the amount that	11184
such person shall pay in accordance with section 5121.04 of the	11185
Revised Code.	11186

Collections of support payments shall be made by the	11187
department and, subject to meeting prior requirements for payment	11188
and crediting of such collections and other available receipts, in	11189
accordance with the bond proceedings applicable to obligations	11190
issued pursuant to section 154.20 of the Revised Code, such	11191
collections and other available receipts designated by the	11192
director of ~~mental retardation and~~ developmental disabilities for	11193
deposit in the special accounts, together with insurance contract	11194
payments provided for in division (B)(8) of section 5121.04 of the	11195
Revised Code, shall be remitted to the treasurer of state for	11196
deposit in the state treasury to the credit of the ~~mental~~	11197
~~retardation~~developmental disabilities operating fund, which is	11198
hereby created, to be used for the general purposes of the	11199
department. The department shall make refunds of overpayment of	11200
support charges from the ~~mental retardation~~developmental	11201
disabilities operating fund.	11202

Sec. 5121.02. All individuals admitted to a state	11203
institution operated by the department of ~~mental retardation and~~	11204
developmental disabilities under section 5123.03 of the Revised	11205
Code shall be maintained at the expense of the state. Their	11206
traveling and incidental expenses in conveying them to the state	11207
institution shall be paid by the county of commitment. Upon	11208
admission, the individuals shall be neatly and comfortably	11209
clothed. Thereafter, the expense of necessary clothing shall be	11210
borne by the responsible relatives or guardian if they are	11211
financially able. If not furnished, the state shall bear the	11212
expense. Any required traveling expense after admission to the	11213
state institution shall be borne by the state if the responsible	11214
relatives or guardian are unable to do so.	11215

Sec. 5121.03. When any person is committed to an institution	11216
under the jurisdiction of the department of ~~mental retardation and~~	11217
developmental disabilities pursuant to judicial proceedings, the	11218
judge ordering such commitment shall:	11219

(A) Make a reliable report on the financial condition of such	11220
person and of each of the relatives of the person who are liable	11221
for the person's support, as provided in section 5121.06 of the	11222
Revised Code and rules and procedures adopted by the director of	11223
~~mental retardation and~~ developmental disabilities;	11224

(B) Certify to the managing officer of such institution, and	11225
the managing officer shall thereupon enter upon the managing	11226
officer's records the name and address of any guardian appointed	11227
and of any relative liable for such person's support under section	11228
5121.06 of the Revised Code.	11229

Sec. 5121.04. (A) The department of ~~mental retardation and~~	11230
developmental disabilities shall investigate the financial	11231
condition of the residents in institutions, residents whose care	11232
or treatment is being paid for in a private facility or home under	11233
the control of the department, and of the relatives named in	11234
section 5121.06 of the Revised Code as liable for the support of	11235
such residents, in order to determine the ability of any resident	11236
or liable relatives to pay for the support of the resident and to	11237
provide suitable clothing as required by the superintendent of the	11238
institution.	11239

(B) The department shall follow the provisions of this	11240
division in determining the ability to pay of a resident or the	11241
resident's liable relatives and the amount to be charged such	11242
resident or liable relatives.	11243

(1) Subject to divisions (B)(10) and (11) of this section, a	11244
resident without dependents shall be liable for the full	11245
applicable cost. A resident without dependents who has a gross	11246
annual income equal to or exceeding the sum of the full applicable	11247
cost, plus fifty dollars per month, regardless of the source of	11248
such income, shall pay currently the full amount of the applicable	11249
cost; if the resident's gross annual income is less than such sum,	11250
not more than fifty dollars per month shall be kept for personal	11251
use by or on behalf of the resident, except as permitted in the	11252
state plan for providing medical assistance under Title XIX of the	11253
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	11254
amended, and the balance shall be paid currently on the resident's	11255
support. Subject to divisions (B)(10) and (11) of this section,	11256
the estate of a resident without dependents shall pay currently	11257
any remaining difference between the applicable cost and the	11258
amounts prescribed in this section, or shall execute an agreement	11259
with the department for payment to be made at some future date	11260
under terms suitable to the department. However, no security	11261
interest, mortgage, or lien shall be taken, granted, or charged	11262
against any principal residence of a resident without dependents	11263
under an agreement or otherwise to secure support payments, and no	11264
foreclosure actions shall be taken on security interests,	11265
mortgages, or liens taken, granted, or charged against principal	11266
residences of residents prior to October 7, 1977.	11267

(2) The ability to pay of a resident with dependents, or of a	11268
liable relative of a resident either with or without dependents,	11269
shall be determined in accordance with the resident's or liable	11270
relative's income or other assets, the needs of others who are	11271
dependent on such income and other assets for support, and, if	11272
applicable, divisions (B)(10) and (11) of this section.	11273

For the first thirty days of care and treatment of each	11274
admission, but in no event for more than thirty days in any	11275
calendar year, the resident with dependents or the liable	11276
relative of a resident either with or without dependents shall be	11277
charged an amount equal to the percentage of the average	11278
applicable cost determined in accordance with the schedule of	11279
adjusted gross annual income contained after this paragraph. After	11280
such first thirty days of care and treatment, such resident or	11281
such liable relative shall be charged an amount equal to the	11282
percentage of a base support rate of four dollars per day for	11283
residents, as determined in accordance with the schedule of gross	11284
annual income contained after this paragraph, or in accordance	11285
with division (B)(5) of this section. Beginning January 1, 1978,	11286
the department shall increase the base rate when the consumer	11287
price index average is more than 4.0 for the preceding calendar	11288
year by not more than the average for such calendar year.	11289

Adjusted Gross Annual		11290
Income of Resident		11291
or Liable Relative (FN a)	Number of Dependents (FN b)	11292

								8 or	11293
	1	2	3	4	5	6	7	more	11294
	Rate of Support (In Percentages)								11295
$15,000 or less	--	--	--	--	--	--	--	--	11296
15,001 to 17,500	20	--	--	--	--	--	--	--	11297
17,501 to 20,000	25	20	--	--	--	--	--	--	11298
20,001 to 21,000	30	25	20	--	--	--	--	--	11299
21,001 to 22,000	35	30	25	20	--	--	--	--	11300
22,001 to 23,000	40	35	30	25	20	--	--	--	11301
23,001 to 24,000	45	40	35	30	25	20	--	--	11302
24,001 to 25,000	50	45	40	35	30	25	20	--	11303
25,001 to 26,000	55	50	45	40	35	30	25	20	11304
26,001 to 27,000	60	55	50	45	40	35	30	25	11305
27,001 to 28,000	70	60	55	50	45	40	35	30	11306
28,001 to 30,000	80	70	60	55	50	45	40	35	11307
30,001 to 40,000	90	80	70	60	55	50	45	40	11308
40,001 and over	100	90	80	70	60	55	50	45	11309

Footnote a. The resident or relative shall furnish a copy of	11310
the resident's or relative's federal income tax return as evidence	11311
of gross annual income.	11312

Footnote b. The number of dependents includes the liable	11313
relative but excludes a resident in an institution. "Dependent"	11314
includes any person who receives more than half the person's	11315
support from the resident or the resident's liable relative.	11316

(3) A resident or liable relative having medical, funeral, or	11317
related expenses in excess of four per cent of the adjusted gross	11318
annual income, which expenses were not covered by insurance, may	11319
adjust such gross annual income by reducing the adjusted gross	11320
annual income by the full amount of such expenses. Proof of such	11321
expenses satisfactory to the department must be furnished.	11322

(4) Additional dependencies may be claimed if:

11323

(a) The liable relative is blind;

11324

(b) The liable relative is over sixty-five;

11325

(c) A child is a college student with expenses in excess of	11326
fifty dollars per month;	11327

(d) The services of a housekeeper, costing in excess of fifty	11328
dollars per month, are required if the person who normally keeps	11329
house for minor children is the resident.	11330

(5) If with respect to any resident with dependents there is	11331
chargeable under division (B)(2) of this section less than fifty	11332
per cent of the applicable cost or, if the base support rate was	11333
used, less than fifty per cent of the amount determined by use of	11334
the base support rate, and if with respect to such resident there	11335
is a liable relative who has an estate having a value in excess of	11336
fifteen thousand dollars or if such resident has a dependent and	11337
an estate having a value in excess of fifteen thousand dollars,	11338
there shall be paid with respect to such resident a total of fifty	11339
per cent of the applicable cost or the base support rate amount,	11340
as the case may be, on a current basis or there shall be executed	11341
with respect to such resident an agreement with the department for	11342
payment to be made at some future date under terms suitable to the	11343
department.	11344

(6) When a person has been a resident for fifteen years and	11345
the support charges for which a relative is liable have been paid	11346
for the fifteen-year period, the liable relative shall be relieved	11347
of any further support charges.	11348

(7) The department shall accept voluntary payments from	11349
residents or liable relatives whose incomes are below the minimum	11350
shown in the schedule set forth in this division. The department	11351
also shall accept voluntary payments in excess of required amounts	11352
from both liable and nonliable relatives.	11353

(8) If a resident is covered by an insurance policy, or other	11354
contract that provides for payment of expenses for care and	11355
treatment for mental retardation or other developmental disability	11356
at or from an institution or facility (including a community	11357
service unit under the jurisdiction of the department), the other	11358
provisions of this section, except divisions (B)(8), (10), and	11359
(11) of this section, and of section 5121.01 of the Revised Code	11360
shall be suspended to the extent that such insurance policy or	11361
other contract is in force, and such resident shall be charged the	11362
full amount of the applicable cost. Any insurance carrier or other	11363
third party payor providing coverage for such care and treatment	11364
shall pay for this support obligation in an amount equal to the	11365
lesser of either the applicable cost or the benefits provided	11366
under the policy or other contract. Whether or not an insured,	11367
owner of, or other person having an interest in such policy or	11368
other contract is liable for support payments under other	11369
provisions of this chapter, the insured, policy owner, or other	11370
person shall assign payment directly to the department of all	11371
assignable benefits under the policy or other contract and shall	11372
pay over to the department, within ten days of receipt, all	11373
insurance or other benefits received as reimbursement or payment	11374
for expenses incurred by the resident or for any other reason. If	11375
the insured, policy owner, or other person refuses to assign such	11376
payment to the department or refuses to pay such received	11377
reimbursements or payments over to the department within ten days	11378
of receipt, the insured's, policy owners', or other person's total	11379
liability for the services equals the applicable statutory	11380
liability for payment for the services as determined under other	11381
provisions of this chapter, plus the amounts payable under the	11382
terms of the policy or other contract. In no event shall this	11383
total liability exceed the full amount of the applicable cost.	11384
Upon its request, the department is entitled to a court order that	11385
compels the insured, owner of, or other person having an interest	11386
in the policy or other contract to comply with the assignment	11387
requirements of this division or that itself serves as a legally	11388
sufficient assignment in compliance with such requirements.	11389
Notwithstanding section 5123.89 of the Revised Code and any other	11390
law relating to confidentiality of records, the managing officer	11391
of the institution or facility where a person is or has been a	11392
resident shall disclose pertinent medical information concerning	11393
the resident to the insurance carrier or other third party payor	11394
in question, in order to effect collection from the carrier or	11395
payor of the state's claim for care and treatment under this	11396
division. For such disclosure, the managing officer is not subject	11397
to any civil or criminal liability.	11398

(9) The rate to be charged for pre-admission care,	11399
after-care, day-care, or routine consultation and treatment	11400
services shall be based upon the ability of the resident or the	11401
resident's liable relatives to pay. When it is determined by the	11402
department that a charge shall be made, such charge shall be	11403
computed as provided in divisions (B)(1) and (2) of this section.	11404

(10) If a resident with or without dependents is the	11405
beneficiary of a trust created pursuant to section 5815.28 of the	11406
Revised Code, then, notwithstanding any contrary provision of this	11407
chapter or of a rule adopted pursuant to this chapter, divisions	11408
(C) and (D) of that section shall apply in determining the assets	11409
or resources of the resident, the resident's estate, the settlor,	11410
or the settlor's estate and to claims arising under this chapter	11411
against the resident, the resident's estate, the settlor, or the	11412
settlor's estate.	11413

(11) If the department waives the liability of an individual	11414
and the individual's liable relatives pursuant to section 5123.194	11415
of the Revised Code, the liability of the individual and relative	11416
ceases in accordance with the waiver's terms.	11417

(C) The department may enter into agreements with a resident	11418
or a liable relative for support payments to be made in the	11419
future. However, no security interest, mortgage, or lien shall be	11420
taken, granted, or charged against any principal family residence	11421
of a resident with dependents or a liable relative under an	11422
agreement or otherwise to secure support payments, and no	11423
foreclosure actions shall be taken on security interests,	11424
mortgages or liens taken, granted, or charged against principal	11425
residences of residents or liable relatives prior to October 7,	11426
1977.	11427

(D) The department shall make all investigations and	11428
determinations required by this section within ninety days after a	11429
resident is admitted to an institution under the department's	11430
control and immediately shall notify by mail the persons liable of	11431
the amount to be charged.	11432

(E) All actions to enforce the collection of payments agreed	11433
upon or charged by the department shall be commenced within six	11434
years after the date of default of an agreement to pay support	11435
charges or the date such payment becomes delinquent. If a payment	11436
is made pursuant to an agreement which is in default, a new	11437
six-year period for actions to enforce the collection of payments	11438
under such agreement shall be computed from the date of such	11439
payment. For purposes of this division an agreement is in default	11440
or a payment is delinquent if a payment is not made within thirty	11441
days after it is incurred or a payment, pursuant to an agreement,	11442
is not made within thirty days after the date specified for such	11443
payment. In all actions to enforce the collection of payment for	11444
the liability for support, every court of record shall receive	11445
into evidence the proof of claim made by the state together with	11446
all debts and credits, and it shall be prima-facie evidence of the	11447
facts contained in it.	11448

Sec. 5121.05. The department of ~~mental retardation and~~	11449
developmental disabilities may subpoena witnesses, take testimony	11450
under oath, and examine any public records relating to the income	11451
and other assets of a resident or liable relative. All	11452
information, conclusions, and recommendations shall be submitted	11453
to the department by the investigating agent of the department.	11454
The department shall determine the amount of support to be paid,	11455
by whom, and whether clothing shall be furnished by the relatives	11456
or guardian.	11457

Sec. 5121.051. All outstanding liability of relatives for	11458
the support of any patient or resident in a benevolent institution	11459
under the control of the department of mental health or the	11460
department of ~~mental retardation and~~ developmental disabilities	11461
accrued prior to January 1, 1956, including the liability of the	11462
patient ~~himself~~personally, is hereby ~~cancelled~~canceled, provided	11463
that this section does not abrogate any written agreements or	11464
security arrangement for the payment of support charges entered	11465
into between the state and any patient or liable relative prior to	11466
such date.	11467

Sec. 5121.06. (A) The following persons other than the	11468
resident or the resident's estate are liable relatives and all the	11469
following persons are jointly and severally liable for the support	11470
of a resident in an institution under the control of the	11471
department of ~~mental retardation and~~ developmental disabilities:	11472

(1) The resident or the resident's estate;

11473

(2) The resident's spouse;

11474

(3) The father or mother, or both, of a minor resident under	11475
the age of eighteen years.	11476

(B) The department shall determine, pursuant to section	11477
5121.04 of the Revised Code, the amount to be charged each	11478
resident and liable relative in the order named in this section,	11479
but shall not collect from any person more than one hundred per	11480
cent of the applicable cost.	11481

(C) An action to collect delinquent payments or to enforce	11482
agreements in default may be brought against any or all persons	11483
named in this section. To the extent parents of adult residents,	11484
pursuant to the language of this section previously in force,	11485
incurred charges for the support of such residents between the	11486
eighteenth birthday of such resident and July 1, 1975, their	11487
liability for such period may be ~~cancelled~~canceled, compromised,	11488
or settled as provided in section 5121.07 of the Revised Code.	11489

(D) Irrespective of the number of residents whose care might	11490
be chargeable against a liable relative, no individual liable	11491
relative nor group of liable relatives who are members of the same	11492
family unit shall be charged with the support of more than one	11493
resident during the same period of time, and different periods of	11494
time for which such liable relative has paid the charges for such	11495
different residents' care and support shall be added together for	11496
the purpose of completing the maximum fifteen-year period of	11497
liability of such liable relative under division (B)(6) of section	11498
5121.04 of the Revised Code.	11499

Sec. 5121.061. The authority of the department of ~~mental~~	11500
~~retardation and~~ developmental disabilities to modify support	11501
charges pursuant to section 5121.04 of the Revised Code shall not	11502
be exercised until the resident or liable relative has petitioned	11503
the department for modification as provided in section 5121.07 of	11504
the Revised Code and has offered to the department satisfactory	11505
proof of the resident's or liable relative's earnings and assets.	11506
The department may modify the charges if its investigation	11507
warrants such modification.	11508

Sec. 5121.07. Any person who has been charged with the	11509
payment of the support of a resident or for pre-admission care,	11510
after-care, day-care, or routine consultation and treatment	11511
services in a community service unit under the control of the	11512
department of ~~mental retardation and~~ developmental disabilities	11513
may petition the department for a release from, or modification	11514
of, such charge, and the department, after an investigation, may	11515
cancel or modify such former charge, or may cancel, compromise, or	11516
settle any accrued liability in an amount not exceeding five	11517
thousand dollars. Amounts in excess thereof may be canceled,	11518
compromised, or settled as provided in section 131.02 of the	11519
Revised Code. The department may for due cause increase the amount	11520
previously ordered paid.	11521

Sec. 5121.08. The managing officers of the institutions	11522
under the control of the department of ~~mental retardation and~~	11523
developmental disabilities and the committing court, if requested,	11524
shall submit to the department such information as they may obtain	11525
concerning the financial condition of any resident or of relatives	11526
liable for the resident's support.	11527

Sec. 5121.09. In case the estate of any resident in an	11528
institution under the jurisdiction of the department of ~~mental~~	11529
~~retardation and~~ developmental disabilities is sufficient for the	11530
resident's support, without hardship to any others who may be	11531
dependent thereon, and no guardian has been appointed for such	11532
estate, the agent of the department shall petition the probate	11533
court of the proper county to appoint a guardian.	11534

Sec. 5121.10. Upon the death of a resident or former	11535
resident of any institution under the jurisdiction of the	11536
department of ~~mental retardation and~~ developmental disabilities,	11537
or upon the death of a person responsible under section 5121.06 of	11538
the Revised Code for the support of a resident, the department may	11539
waive the presentation of any claim for support against the estate	11540
of such decedent, when in its judgment an otherwise dependent	11541
person will be directly benefited by the estate. Claims against an	11542
estate for support of a resident are subject to section 5815.28	11543
and Chapter 2117. of the Revised Code, and shall be treated, and	11544
may be barred, the same as the claims of other creditors of the	11545
estate, pursuant to that section or chapter.	11546

The department may accept from a guardian or trustee of a	11547
resident a contract agreeing to pay to the state from the property	11548
of the guardian's or trustee's ward before or at the death of the	11549
ward a fixed annual amount for the support of the ward while the	11550
ward is a resident, with interest at four per cent per annum. A	11551
copy of the contract shall be filed in the probate court of the	11552
proper county and duly entered as a part of the records concerning	11553
the ward.	11554

Sec. 5121.11. The state shall bear the expense of the burial	11555
or cremation of an indigent resident who dies in a state	11556
institution operated by the department of ~~mental retardation and~~	11557
developmental disabilities under section 5123.03 of the Revised	11558
Code or in a state correctional institution if the body is not	11559
claimed for interment or cremation at the expense of friends or	11560
relatives or is not delivered for anatomical purposes or for the	11561
study of embalming in accordance with section 1713.34 of the	11562
Revised Code. The managing officer of the institution shall	11563
provide at the grave of the person or, if the person's cremated	11564
remains are buried, at the grave of the person's cremated remains,	11565
a metal, stone, or concrete marker on which shall be inscribed the	11566
name and age of the person and the date of death.	11567

Sec. 5121.12. The support and maintenance of residents	11568
confined in state institutions operated by the department of	11569
~~mental retardation and~~ developmental disabilities under section	11570
5123.03 of the Revised Code, including those transferred to them	11571
from state correctional institutions, and also including persons	11572
under indictment or conviction for crime, shall be collected and	11573
paid in accordance with sections 5121.01 to 5121.21 of the Revised	11574
Code.	11575

Sec. 5123.01. As used in this chapter:

11576

(A) "Chief medical officer" means the licensed physician	11577
appointed by the managing officer of an institution for the	11578
mentally retarded with the approval of the director of ~~mental~~	11579
~~retardation and~~ developmental disabilities to provide medical	11580
treatment for residents of the institution.	11581

(B) "Chief program director" means a person with special	11582
training and experience in the diagnosis and management of the	11583
mentally retarded, certified according to division (C) of this	11584
section in at least one of the designated fields, and appointed by	11585
the managing officer of an institution for the mentally retarded	11586
with the approval of the director to provide habilitation and care	11587
for residents of the institution.	11588

(C) "Comprehensive evaluation" means a study, including a	11589
sequence of observations and examinations, of a person leading to	11590
conclusions and recommendations formulated jointly, with	11591
dissenting opinions if any, by a group of persons with special	11592
training and experience in the diagnosis and management of persons	11593
with mental retardation or a developmental disability, which group	11594
shall include individuals who are professionally qualified in the	11595
fields of medicine, psychology, and social work, together with	11596
such other specialists as the individual case may require.	11597

(D) "Education" means the process of formal training and	11598
instruction to facilitate the intellectual and emotional	11599
development of residents.	11600

(E) "Habilitation" means the process by which the staff of	11601
the institution assists the resident in acquiring and maintaining	11602
those life skills that enable the resident to cope more	11603
effectively with the demands of the resident's own person and of	11604
the resident's environment and in raising the level of the	11605
resident's physical, mental, social, and vocational efficiency.	11606
Habilitation includes but is not limited to programs of formal,	11607
structured education and training.	11608

(F) "Health officer" means any public health physician,	11609
public health nurse, or other person authorized or designated by a	11610
city or general health district.	11611

(G) "Home and community-based services" means medicaid-funded	11612
home and community-based services specified in division (B)(1) of	11613
section 5111.87 of the Revised Code provided under the medicaid	11614
waiver components the department of ~~mental retardation and~~	11615
developmental disabilities administers pursuant to section	11616
5111.871 of the Revised Code.	11617

(H) "Indigent person" means a person who is unable, without	11618
substantial financial hardship, to provide for the payment of an	11619
attorney and for other necessary expenses of legal representation,	11620
including expert testimony.	11621

(I) "Institution" means a public or private facility, or a	11622
part of a public or private facility, that is licensed by the	11623
appropriate state department and is equipped to provide	11624
residential habilitation, care, and treatment for the mentally	11625
retarded.	11626

(J) "Licensed physician" means a person who holds a valid	11627
certificate issued under Chapter 4731. of the Revised Code	11628
authorizing the person to practice medicine and surgery or	11629
osteopathic medicine and surgery, or a medical officer of the	11630
government of the United States while in the performance of the	11631
officer's official duties.	11632

(K) "Managing officer" means a person who is appointed by the	11633
director of ~~mental retardation and~~ developmental disabilities to	11634
be in executive control of an institution for the mentally	11635
retarded under the jurisdiction of the department.	11636

(L) "Medicaid" has the same meaning as in section 5111.01 of	11637
the Revised Code.	11638

(M) "Medicaid case management services" means case management	11639
services provided to an individual with mental retardation or	11640
other developmental disability that the state medicaid plan	11641
requires.	11642

(N) "Mentally retarded person" means a person having	11643
significantly subaverage general intellectual functioning existing	11644
concurrently with deficiencies in adaptive behavior, manifested	11645
during the developmental period.	11646

(O) "Mentally retarded person subject to institutionalization	11647
by court order" means a person eighteen years of age or older who	11648
is at least moderately mentally retarded and in relation to whom,	11649
because of the person's retardation, either of the following	11650
conditions exist:	11651

(1) The person represents a very substantial risk of physical	11652
impairment or injury to self as manifested by evidence that the	11653
person is unable to provide for and is not providing for the	11654
person's most basic physical needs and that provision for those	11655
needs is not available in the community;	11656

(2) The person needs and is susceptible to significant	11657
habilitation in an institution.	11658

(P) "A person who is at least moderately mentally retarded"	11659
means a person who is found, following a comprehensive evaluation,	11660
to be impaired in adaptive behavior to a moderate degree and to be	11661
functioning at the moderate level of intellectual functioning in	11662
accordance with standard measurements as recorded in the most	11663
current revision of the manual of terminology and classification	11664
in mental retardation published by the American association on	11665
mental retardation.	11666

(Q) As used in this division, "substantial functional	11667
limitation," "developmental delay," and "established risk" have	11668
the meanings established pursuant to section 5123.011 of the	11669
Revised Code.	11670

"Developmental disability" means a severe, chronic disability	11671
that is characterized by all of the following:	11672

(1) It is attributable to a mental or physical impairment or	11673
a combination of mental and physical impairments, other than a	11674
mental or physical impairment solely caused by mental illness as	11675
defined in division (A) of section 5122.01 of the Revised Code.	11676

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

11677

(3) It is likely to continue indefinitely.

11678

(4) It results in one of the following:

11679

(a) In the case of a person under three years of age, at	11680
least one developmental delay or an established risk;	11681

(b) In the case of a person at least three years of age but	11682
under six years of age, at least two developmental delays or an	11683
established risk;	11684

(c) In the case of a person six years of age or older, a	11685
substantial functional limitation in at least three of the	11686
following areas of major life activity, as appropriate for the	11687
person's age: self-care, receptive and expressive language,	11688
learning, mobility, self-direction, capacity for independent	11689
living, and, if the person is at least sixteen years of age,	11690
capacity for economic self-sufficiency.	11691

(5) It causes the person to need a combination and sequence	11692
of special, interdisciplinary, or other type of care, treatment,	11693
or provision of services for an extended period of time that is	11694
individually planned and coordinated for the person.	11695

(R) "Developmentally disabled person" means a person with a	11696
developmental disability.	11697

(S) "State institution" means an institution that is	11698
tax-supported and under the jurisdiction of the department.	11699

(T) "Residence" and "legal residence" have the same meaning	11700
as "legal settlement," which is acquired by residing in Ohio for a	11701
period of one year without receiving general assistance prior to	11702
July 17, 1995, under former Chapter 5113. of the Revised Code,	11703
financial assistance under Chapter 5115. of the Revised Code, or	11704
assistance from a private agency that maintains records of	11705
assistance given. A person having a legal settlement in the state	11706
shall be considered as having legal settlement in the assistance	11707
area in which the person resides. No adult person coming into this	11708
state and having a spouse or minor children residing in another	11709
state shall obtain a legal settlement in this state as long as the	11710
spouse or minor children are receiving public assistance, care, or	11711
support at the expense of the other state or its subdivisions. For	11712
the purpose of determining the legal settlement of a person who is	11713
living in a public or private institution or in a home subject to	11714
licensing by the department of job and family services, the	11715
department of mental health, or the department of ~~mental~~	11716
~~retardation and~~ developmental disabilities, the residence of the	11717
person shall be considered as though the person were residing in	11718
the county in which the person was living prior to the person's	11719
entrance into the institution or home. Settlement once acquired	11720
shall continue until a person has been continuously absent from	11721
Ohio for a period of one year or has acquired a legal residence in	11722
another state. A woman who marries a man with legal settlement in	11723
any county immediately acquires the settlement of her husband. The	11724
legal settlement of a minor is that of the parents, surviving	11725
parent, sole parent, parent who is designated the residential	11726
parent and legal custodian by a court, other adult having	11727
permanent custody awarded by a court, or guardian of the person of	11728
the minor, provided that:	11729

(1) A minor female who marries shall be considered to have	11730
the legal settlement of her husband and, in the case of death of	11731
her husband or divorce, she shall not thereby lose her legal	11732
settlement obtained by the marriage.	11733

(2) A minor male who marries, establishes a home, and who has	11734
resided in this state for one year without receiving general	11735
assistance prior to July 17, 1995, under former Chapter 5113. of	11736
the Revised Code, financial assistance under Chapter 5115. of the	11737
Revised Code, or assistance from a private agency that maintains	11738
records of assistance given shall be considered to have obtained a	11739
legal settlement in this state.	11740

(3) The legal settlement of a child under eighteen years of	11741
age who is in the care or custody of a public or private child	11742
caring agency shall not change if the legal settlement of the	11743
parent changes until after the child has been in the home of the	11744
parent for a period of one year.	11745

No person, adult or minor, may establish a legal settlement	11746
in this state for the purpose of gaining admission to any state	11747
institution.	11748

(U)(1) "Resident" means, subject to division (R)(2) of this	11749
section, a person who is admitted either voluntarily or	11750
involuntarily to an institution or other facility pursuant to	11751
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	11752
Code subsequent to a finding of not guilty by reason of insanity	11753
or incompetence to stand trial or under this chapter who is under	11754
observation or receiving habilitation and care in an institution.	11755

(2) "Resident" does not include a person admitted to an	11756
institution or other facility under section 2945.39, 2945.40,	11757
2945.401, or 2945.402 of the Revised Code to the extent that the	11758
reference in this chapter to resident, or the context in which the	11759
reference occurs, is in conflict with any provision of sections	11760
2945.37 to 2945.402 of the Revised Code.	11761

(V) "Respondent" means the person whose detention,	11762
commitment, or continued commitment is being sought in any	11763
proceeding under this chapter.	11764

(W) "Working day" and "court day" mean Monday, Tuesday,	11765
Wednesday, Thursday, and Friday, except when such day is a legal	11766
holiday.	11767

(X) "Prosecutor" means the prosecuting attorney, village	11768
solicitor, city director of law, or similar chief legal officer	11769
who prosecuted a criminal case in which a person was found not	11770
guilty by reason of insanity, who would have had the authority to	11771
prosecute a criminal case against a person if the person had not	11772
been found incompetent to stand trial, or who prosecuted a case in	11773
which a person was found guilty.	11774

(Y) "Court" means the probate division of the court of common	11775
pleas.	11776

(Z) "Supported living" has the same meaning as in section	11777
5126.01 of the Revised Code.	11778

Sec. 5123.011. The director of ~~mental retardation and~~	11779
developmental disabilities shall adopt rules in accordance with	11780
Chapter 119. of the Revised Code that establish definitions of	11781
"substantial functional limitation," "developmental delay,"	11782
"established risk," "biological risk," and "environmental risk."	11783

Sec. 5123.012. (A) As used in this section:

11784

(1) "Biological risk" and "environmental risk" have the	11785
meanings established pursuant to section 5123.011 of the Revised	11786
Code.	11787

(2) "Preschool child with a disability" has the same	11788
meaning as in section 3323.01 of the Revised Code.	11789

(B) Except as provided in division (C) of this section, the	11790
department of ~~mental retardation and~~ developmental disabilities	11791
shall make eligibility determinations in accordance with the	11792
definition of "developmental disability" in section 5123.01 of the	11793
Revised Code. The department may adopt rules in accordance with	11794
Chapter 119. of the Revised Code establishing eligibility for	11795
programs and services for either of the following:	11796

(1) Individuals under age six who have a biological risk or	11797
environmental risk of a developmental delay;	11798

(2) Any preschool child with a disability eligible for	11799
services under section 3323.02 of the Revised Code whose	11800
disability is not attributable solely to mental illness as	11801
defined in section 5122.01 of the Revised Code.	11802

(C)(1) The department shall make determinations of	11803
eligibility for protective services in accordance with sections	11804
5123.55 to 5123.59 of the Revised Code.	11805

(2) Determinations of whether a mentally retarded person is	11806
subject to institutionalization by court order shall be made in	11807
accordance with sections 5123.71 to 5123.76 of the Revised Code	11808
and shall be based on the definition of "mentally retarded person	11809
subject to institutionalization by court order" in section 5123.01	11810
of the Revised Code.	11811

(3) All persons who were eligible for services and enrolled	11812
in programs offered by the department of ~~mental retardation and~~	11813
developmental disabilities pursuant to this chapter on July 1,	11814
1991, shall continue to be eligible for those services and to be	11815
enrolled in those programs as long as they are in need of	11816
services.	11817

Sec. 5123.013. Whenever the department or director of mental	11818
retardation and developmental disabilities is referred to or	11819
designated in any statute, rule, contract, grant, or other	11820
document, the reference or designation shall be deemed to refer to	11821
the department or director of developmental disabilities, as the	11822
case may be.	11823

Sec. 5123.02. The department of ~~mental retardation and~~	11824
developmental disabilities shall do the following:	11825

(A) Promote comprehensive statewide programs and services for	11826
persons with mental retardation or a developmental disability and	11827
their families wherever they reside in the state. These programs	11828
shall include public education, prevention, diagnosis, treatment,	11829
training, and care.	11830

(B) Provide administrative leadership for statewide services	11831
which include residential facilities, evaluation centers, and	11832
community classes which are wholly or in part financed by the	11833
department of ~~mental retardation and~~ developmental disabilities as	11834
provided by section 5123.26 of the Revised Code;	11835

(C) Develop and maintain, to the extent feasible, data on all	11836
services and programs for persons with mental retardation or a	11837
developmental disability, that are provided by governmental and	11838
private agencies;	11839

(D) Make periodic determinations of the number of persons	11840
with mental retardation or a developmental disability requiring	11841
services in the state;	11842

(E) Provide leadership to local authorities in planning and	11843
developing community-wide services for persons with mental	11844
retardation or a developmental disability and their families;	11845

(F) Promote programs of professional training and research in	11846
cooperation with other state departments, agencies, and	11847
institutions of higher learning.	11848

Sec. 5123.021. (A) As used in this section, "mentally	11849
retarded individual" and "specialized services" have the same	11850
meanings as in section 5111.202 of the Revised Code.	11851

(B)(1) Except as provided in division (B)(2) of this section	11852
and rules adopted under division (E)(3) of this section, for	11853
purposes of section 5111.202 of the Revised Code, the department	11854
of ~~mental retardation and~~ developmental disabilities shall	11855
determine in accordance with section 1919(e)(7) of the "Social	11856
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,	11857
and regulations adopted under section 1919(f)(8)(A) of that act	11858
whether, because of the individual's physical and mental	11859
condition, a mentally retarded individual seeking admission to a	11860
nursing facility requires the level of services provided by a	11861
nursing facility and, if the individual requires that level of	11862
services, whether the individual requires specialized services for	11863
mental retardation.	11864

(2) A determination under this division is not required for	11865
any of the following:	11866

(a) An individual seeking readmission to a nursing facility	11867
after having been transferred from a nursing facility to a	11868
hospital for care;	11869

(b) An individual who meets all of the following conditions:

11870

(i) The individual is admitted to the nursing facility	11871
directly from a hospital after receiving inpatient care at the	11872
hospital;	11873

(ii) The individual requires nursing facility services for	11874
the condition for which the individual received care in the	11875
hospital;	11876

(iii) The individual's attending physician has certified,	11877
before admission to the nursing facility, that the individual is	11878
likely to require less than thirty days of nursing facility	11879
services.	11880

(c) An individual transferred from one nursing facility to	11881
another nursing facility, with or without an intervening hospital	11882
stay.	11883

(C) Except as provided in rules adopted under division (F)(3)	11884
of this section, the department of ~~mental retardation and~~	11885
developmental disabilities shall review and determine, for each	11886
resident of a nursing facility who is mentally retarded, whether	11887
the resident, because of the resident's physical and mental	11888
condition, requires the level of services provided by a nursing	11889
facility and whether the resident requires specialized services	11890
for mental retardation. The review and determination shall be	11891
conducted in accordance with section 1919(e)(7) of the "Social	11892
Security Act" and the regulations adopted under section	11893
1919(f)(8)(A) of the act. The review and determination shall be	11894
completed promptly after a nursing facility has notified the	11895
department that there has been a significant change in the	11896
resident's mental or physical condition.	11897

(D)(1) In the case of a nursing facility resident who has	11898
continuously resided in a nursing facility for at least thirty	11899
months before the date of a review and determination under	11900
division (C) of this section, if the resident is determined not to	11901
require the level of services provided by a nursing facility, but	11902
is determined to require specialized services for mental	11903
retardation, the department, in consultation with the resident's	11904
family or legal representative and care givers, shall do all of	11905
the following:	11906

(a) Inform the resident of the institutional and	11907
noninstitutional alternatives covered under the state plan for	11908
medical assistance;	11909

(b) Offer the resident the choice of remaining in the nursing	11910
facility or receiving covered services in an alternative	11911
institutional or noninstitutional setting;	11912

(c) Clarify the effect on eligibility for services under the	11913
state plan for medical assistance if the resident chooses to leave	11914
the facility, including its effect on readmission to the facility;	11915

(d) Provide for or arrange for the provision of specialized	11916
services for the resident's mental retardation in the setting	11917
chosen by the resident.	11918

(2) In the case of a nursing facility resident who has	11919
continuously resided in a nursing facility for less than thirty	11920
months before the date of the review and determination under	11921
division (C) of this section, if the resident is determined not to	11922
require the level of services provided by a nursing facility, but	11923
is determined to require specialized services for mental	11924
retardation, or if the resident is determined to require neither	11925
the level of services provided by a nursing facility nor	11926
specialized services for mental retardation, the department shall	11927
act in accordance with its alternative disposition plan approved	11928
by the United States department of health and human services under	11929
section 1919(e)(7)(E) of the "Social Security Act."	11930

(3) In the case of an individual who is determined under	11931
division (B) or (C) of this section to require both the level of	11932
services provided by a nursing facility and specialized services	11933
for mental retardation, the department of ~~mental retardation and~~	11934
developmental disabilities shall provide or arrange for the	11935
provision of the specialized services needed by the individual or	11936
resident while residing in a nursing facility.	11937

(E) The department of ~~mental retardation and~~ developmental	11938
disabilities shall adopt rules in accordance with Chapter 119. of	11939
the Revised Code that do all of the following:	11940

(1) Establish criteria to be used in making the	11941
determinations required by divisions (B) and (C) of this section.	11942
The criteria shall not exceed the criteria established by	11943
regulations adopted by the United States department of health and	11944
human services under section 1919(f)(8)(A) of the "Social Security	11945
Act."	11946

(2) Specify information to be provided by the individual or	11947
nursing facility resident being assessed;	11948

(3) Specify any circumstances, in addition to circumstances	11949
listed in division (B) of this section, under which determinations	11950
under divisions (B) and (C) of this section are not required to be	11951
made.	11952

Sec. 5123.03. (A) The department of ~~mental retardation and~~	11953
developmental disabilities shall do all of the following:	11954

(1) Maintain, operate, manage, and govern all state	11955
institutions for the care, treatment, and training of the mentally	11956
retarded;	11957

(2) Designate all such institutions by appropriate names;

11958

(3) Provide and designate facilities for the custody, care,	11959
and special treatment of persons of the following classes:	11960

(a) Dangerous persons in state institutions for the mentally	11961
retarded who represent a serious threat to the safety of the other	11962
patients of the institution;	11963

(b) Persons charged with crimes who are found incompetent to	11964
stand trial or not guilty by reason of insanity and who are also	11965
mentally retarded persons subject to institutionalization by court	11966
order.	11967

(4) Have control of all institutions maintained in part by	11968
the state for the care, treatment, and training of the mentally	11969
retarded;	11970

(5) Administer the laws relative to persons in such	11971
institutions in an efficient, economical, and humane manner;	11972

(6) Ascertain by actual examinations and inquiry whether	11973
institutionalizations are made according to law.	11974

(B) The department may do any of the following:

11975

(1) Subject to section 5139.08 of the Revised Code, receive	11976
from the department of youth services for observation, diagnosis,	11977
care, habilitation, or placement any children in the custody of	11978
the department of youth services;	11979

(2) Receive for observation any minor from a public	11980
institution other than an institution under the jurisdiction of	11981
the department of mental retardation and developmental	11982
disabilities, from a private charitable institution, or from a	11983
person having legal custody of such a minor, upon such terms as	11984
are proper;	11985

(3) Receive from the department of mental health any patient	11986
in the custody of the department who is transferred to the	11987
department of ~~mental retardation and~~ developmental disabilities	11988
upon such terms and conditions as may be agreed upon by the two	11989
departments.	11990

~~(c)~~(C) In addition to the powers and duties expressly	11991
conferred by this section, the department may take any other	11992
action necessary for the full and efficient executive,	11993
administrative, and fiscal supervision of the state institutions	11994
described in this section.	11995

Sec. 5123.031. The director of ~~mental retardation and~~	11996
developmental disabilities may require the performance of duties	11997
by the officers of the institutions under the jurisdiction of the	11998
department of ~~mental retardation and~~ developmental disabilities so	11999
as fully to meet the requirements, intents, and purposes of this	12000
chapter. In case of an apparent conflict between the powers	12001
conferred upon any managing officer and those conferred by this	12002
chapter upon the department, the presumption shall be conclusive	12003
in favor of the department.	12004

The director shall adopt rules for the nonpartisan management	12005
of the institutions under the jurisdiction of the department. An	12006
officer or employee of the department or any officer or employee	12007
of any institution under its control who, by solicitation or	12008
otherwise, exerts ~~his~~the officer's or employee's influence	12009
directly or indirectly to induce any other officer or employee of	12010
the department or any of its institutions to adopt ~~his~~the	12011
officer's or employee's political views or to favor any particular	12012
person, issue, or candidate for office shall be removed from ~~his~~	12013
the officer's or employee's office or position, by the department	12014
in case of an officer or employee, and by the governor in case of	12015
the director.	12016

The managing officer of any institution under the	12017
jurisdiction of the department shall submit reports to the	12018
director relating to the admission, examination, comprehensive	12019
evaluation, diagnosis, release, or discharge of any resident.	12020

The director, or a person designated by ~~him~~the director,	12021
shall visit each institution regularly to review the admission	12022
procedures of all new residents and to investigate complaints made	12023
by any resident or by any person on behalf of a resident.	12024

The director shall prescribe the forms of affidavits,	12025
applications, comprehensive evaluations, orders of	12026
institutionalization and release, and all other forms that are	12027
required in the institutionalization, admission, and release of	12028
all persons with respect to institutions under the jurisdiction of	12029
the department, and of reports and records provided for under this	12030
chapter.	12031

Sec. 5123.032. (A) As used in this section, "developmental	12032
center" means any institution or facility of the department of	12033
~~mental retardation and~~ developmental disabilities that, on or	12034
after ~~the effective date of this section~~January 30, 2004, is	12035
named, designated, or referred to as a developmental center.	12036

(B) Notwithstanding any other provision of law, on and after	12037
~~the effective date of this section~~January 30, 2004, any closure	12038
of a developmental center shall be subject to, and in accordance	12039
with, this section. Notwithstanding any other provision of law, if	12040
the governor announced on or after January 1, 2003, and prior to	12041
~~the effective date of this section~~January 30, 2004, the intended	12042
closure of a developmental center and if the closure identified in	12043
the announcement has not occurred prior to ~~the effective date of~~	12044
~~this section~~January 30, 2004, the closure identified in the	12045
announcement shall be subject to the criteria set forth in this	12046
section as if the announcement had been made on or after ~~the~~	12047
~~effective date of this section~~January 30, 2004, except for the	12048
time at which the notice to the general assembly must be provided	12049
as identified in division (C) of this section.	12050

(C) Notwithstanding any other provision of law, on and after	12051
~~the effective date of this section~~January 30, 2004, at least ten	12052
days prior to making any official, public announcement that the	12053
governor intends to close one or more developmental centers, the	12054
governor shall notify the general assembly in writing that the	12055
governor intends to close one or more developmental centers.	12056
Notwithstanding any other provision of law, if the governor	12057
announced on or after January 1, 2003, and prior to ~~the effective~~	12058
~~date of this section~~January 30, 2004, the intended closure of a	12059
developmental center and if the closure identified in the	12060
announcement has not occurred prior to ~~the effective date of this~~	12061
~~section~~January 30, 2004, not later than ten days after ~~the~~	12062
~~effective date of this section~~January 30, 2004, the governor	12063
shall notify the general assembly in writing of the prior	12064
announcement and that the governor intends to close the center	12065
identified in the prior announcement, and the notification to the	12066
general assembly shall constitute, for purposes of this section,	12067
the governor's official, public announcement that the governor	12068
intends to close that center.	12069

The notice required by this division shall identify by name	12070
each developmental center that the governor intends to close or,	12071
if the governor has not determined any specific developmental	12072
center to close, shall state the governor's general intent to	12073
close one or more developmental centers. When the governor	12074
notifies the general assembly as required by this division, the	12075
legislative service commission promptly shall conduct an	12076
independent study of the developmental centers of the department	12077
of ~~mental retardation and~~ developmental disabilities and of the	12078
department's operation of the centers, and the study shall address	12079
relevant criteria and factors, including, but not limited to, all	12080
of the following:	12081

(1) The manner in which the closure of developmental centers	12082
in general would affect the safety, health, well-being, and	12083
lifestyle of the centers' residents and their family members and	12084
would affect public safety and, if the governor's notice	12085
identifies by name one or more developmental centers that the	12086
governor intends to close, the manner in which the closure of each	12087
center so identified would affect the safety, health, well-being,	12088
and lifestyle of the center's residents and their family members	12089
and would affect public safety;	12090

(2) The availability of alternate facilities;

12091

(3) The cost effectiveness of the facilities identified for	12092
closure;	12093

(4) A comparison of the cost of residing at a facility	12094
identified for closure and the cost of new living arrangements;	12095

(5) The geographic factors associated with each facility and	12096
its proximity to other similar facilities;	12097

(6) The impact of collective bargaining on facility	12098
operations;	12099

(7) The utilization and maximization of resources;

12100

(8) Continuity of the staff and ability to serve the facility	12101
population;	12102

(9) Continuing costs following closure of a facility;

12103

(10) The impact of the closure on the local economy;

12104

(11) Alternatives and opportunities for consolidation with	12105
other facilities;	12106

(12) How the closing of a facility identified for closure	12107
relates to the department's plans for the future of developmental	12108
centers in this state;	12109

(13) The effect of the closure of developmental centers in	12110
general upon the state's fiscal resources and fiscal status and,	12111
if the governor's notice identifies by name one or more	12112
developmental centers that the governor intends to close, the	12113
effect of the closure of each center so identified upon the	12114
state's fiscal resources and fiscal status.	12115

(D) The legislative service commission shall complete the	12116
study required by division (C) of this section, and prepare a	12117
report that contains its findings, not later than sixty days after	12118
the governor makes the official, public announcement that the	12119
governor intends to close one or more developmental centers as	12120
described in division (C) of this section. The commission shall	12121
provide a copy of the report to each member of the general	12122
assembly who requests a copy of the report.	12123

Not later than the date on which the legislative service	12124
commission is required to complete the report under this division,	12125
the ~~mental retardation and~~ developmental disabilities	12126
developmental center closure commission is hereby created as	12127
described in division (E) of this section. The officials with the	12128
duties to appoint members of the closure commission, as described	12129
in division (E) of this section, shall appoint the specified	12130
members of the closure commission, and, as soon as possible after	12131
the appointments, the closure commission shall meet for the	12132
purposes described in that division. Upon completion of the report	12133
and the creation of the closure commission under this division,	12134
the legislative service commission promptly shall provide a copy	12135
of the report to the closure commission and shall present the	12136
report as described in division (E) of this section.	12137

(E)(1) A ~~mental retardation and~~ developmental disabilities	12138
developmental center closure commission shall be created at the	12139
time and in the manner specified in division (D) of this section.	12140
The closure commission consists of six members. One member shall	12141
be the director of ~~the department of mental retardation and~~	12142
developmental disabilities. One member shall be the director of	12143
~~the department of~~ health. One member shall be a private executive	12144
with expertise in facility utilization, in economics, or in both	12145
facility utilization and economics, jointly appointed by the	12146
speaker of the house of representatives and the president of the	12147
senate. The member appointed for expertise in facility	12148
utilization, economics, or both may not be a member of the general	12149
assembly and may not have a developmental center identified for	12150
closure by the governor in the county in which the member resides.	12151
One member shall be a member of the board of the Ohio civil	12152
service employees' association, jointly appointed by the speaker	12153
of the house of representatives and the president of the senate.	12154
One member shall be either a family member of a resident of a	12155
developmental center or a representative of a mental retardation	12156
and developmental disabilities advocacy group, jointly appointed	12157
by the speaker of the house of representatives and the president	12158
of the senate. The member appointed who is a family member of a	12159
developmental center resident or a representative of an advocacy	12160
group may not be a member of the general assembly. One member	12161
shall be a member of the law enforcement community, appointed by	12162
the governor. The officials with the duties to appoint members of	12163
the closure commission shall make the appointments, and the	12164
closure commission shall meet, within the time periods specified	12165
in division (D) of this section. The members of the closure	12166
commission shall serve without compensation. At the closure	12167
commission's first meeting, the members shall organize and appoint	12168
a chairperson and vice-chairperson.	12169

The closure commission shall meet as often as is necessary	12170
for the purpose of making the recommendations to the governor that	12171
are described in this division. The closure commission's meetings	12172
shall be open to the public, and the closure commission shall	12173
accept public testimony. The legislative service commission shall	12174
appear before the closure commission and present the report the	12175
legislative service commission prepared under division (D) of this	12176
section. The closure commission shall meet for the purpose of	12177
making recommendations to the governor, which recommendations may	12178
include all of the following:	12179

(a) Whether any developmental center should be closed;

12180

(b) If the recommendation described in division (E)(1)(a) of	12181
this section is that one or more developmental centers should be	12182
closed, which center or centers should be closed;	12183

(c) If the governor's notice described in division (C) of	12184
this section identifies by name one or more developmental centers	12185
that the governor intends to close, whether the center or centers	12186
so identified should be closed.	12187

(2) The ~~mental retardation and~~ developmental disabilities	12188
developmental center closure commission, not later than sixty days	12189
after it receives the report of the legislative service commission	12190
under division (D) of this section, shall prepare a report	12191
containing its recommendations to the governor. The closure	12192
commission shall send a copy of the report to the governor and to	12193
each member of the general assembly who requests a copy of the	12194
report. Upon receipt of the closure commission's report, the	12195
governor shall review and consider the commission's	12196
recommendation. The governor shall do one of the following:	12197

(a) Follow the recommendation of the commission;

12198

(b) Close no developmental center;

12199

(c) Take other action that the governor determines is	12200
necessary for the purpose of expenditure reductions or budget cuts	12201
and state the reasons for the action.	12202

The governor's decision is final. Upon the governor's making	12203
of the decision, the closure commission shall cease to exist.	12204
Another closure commission shall be created under this section	12205
each time the governor subsequently makes an official, public	12206
announcement that the governor intends to close one or more	12207
developmental centers.	12208

Sec. 5123.033. The program fee fund is hereby created in the	12209
state treasury. All fees collected pursuant to sections 5123.161,	12210
5123.164, 5123.19, and 5126.25 of the Revised Code shall be	12211
credited to the fund. Money credited to the fund shall be used	12212
solely for the department of ~~mental retardation and~~ developmental	12213
disabilities' duties under sections 5123.16 to 5123.169, 5123.19,	12214
and 5126.25 of the Revised Code and to provide continuing	12215
education and professional training to employees of county boards	12216
of mental retardation and developmental disabilities for the	12217
purpose of section 5126.25 of the Revised Code and other providers	12218
of services to individuals with mental retardation or a	12219
developmental disability. If the money credited to the fund is	12220
inadequate to pay all of the department's costs in performing	12221
those duties and providing the continuing education and	12222
professional training, the department may use other available	12223
funds appropriated to the department to pay the remaining costs of	12224
performing those duties and providing the continuing education and	12225
professional training.	12226

Sec. 5123.04. (A) The director of ~~mental retardation and~~	12227
developmental disabilities is the executive head of the department	12228
of ~~mental retardation and~~ developmental disabilities. All duties	12229
conferred on the department and its institutions by law or by	12230
order of the director shall be performed under such rules as the	12231
director prescribes, and shall be under the director's control.	12232
The director shall establish bylaws for the government of all	12233
institutions under the jurisdiction of the department. Except as	12234
otherwise is provided as to appointments by chiefs of divisions,	12235
the director shall appoint such employees as are necessary for the	12236
efficient conduct of the department, and shall prescribe their	12237
titles and duties. If the director is not a licensed physician,	12238
decisions relating to medical diagnosis and treatment shall be the	12239
responsibility of a licensed physician appointed by the director.	12240

(B) The director shall adopt rules for the proper execution	12241
of the powers and duties of the department.	12242

(C) The director shall adopt rules establishing standards	12243
that mental retardation programs and facilities shall follow when	12244
performing evaluations of the mental condition of defendants	12245
ordered by the court under section 2919.271 or 2945.371 of the	12246
Revised Code, and for the treatment of defendants who have been	12247
found incompetent to stand trial under section 2945.38 of the	12248
Revised Code, and certify the compliance of such programs and	12249
facilities with the standards.	12250

(D) On behalf of the department, the director has the	12251
authority to, and responsibility for, entering into contracts and	12252
other agreements.	12253

(E) The director shall adopt rules in accordance with Chapter	12254
119. of the Revised Code that do all of the following:	12255

(1) Specify the supplemental services that may be provided	12256
through a trust authorized by section 1339.51 of the Revised Code;	12257

(2) Establish standards for the maintenance and distribution	12258
to a beneficiary of assets of a trust authorized by section	12259
1339.51 of the Revised Code.	12260

(F) The director shall provide monitoring of county boards of	12261
mental retardation and developmental disabilities.	12262

Sec. 5123.042. (A) The director of ~~mental retardation and~~	12263
developmental disabilities shall adopt rules in accordance with	12264
Chapter 119. of the Revised Code establishing the following:	12265

(1) Uniform standards under which:

12266

(a) A person or agency shall submit plans to the county board	12267
of mental retardation and developmental disabilities for the	12268
development of residential services for individuals with mental	12269
retardation or a developmental disability within the county;	12270

(b) The county board must review the plans and recommend	12271
providers for the services.	12272

(2) The eligibility criteria for selecting persons and	12273
agencies to provide residential services, which shall take into	12274
consideration the recommendations of the county board.	12275

(B) The county board, in accordance with its comprehensive	12276
service plan, shall review all proposals for the development of	12277
residential services that are submitted to it and shall, if the	12278
proposals are acceptable to the county board, recommend providers	12279
for the development of residential services within the county. The	12280
department shall approve proposals for the development of	12281
residential services within counties based upon the availability	12282
of funds and in accordance with rules adopted under division	12283
(A)(2) of this section.	12284

No county board shall recommend providers for the development	12285
of residential services if the county board is an applicant to	12286
provide services. In cases of possible conflict of interest, the	12287
director shall appoint a committee that shall, in accordance with	12288
the approved county comprehensive service plan, review and	12289
recommend to the director providers for the services.	12290

If a county board fails to establish an approved	12291
comprehensive service plan, the director may establish residential	12292
services development goals for the county board based on	12293
documented need as determined by the department. If a county board	12294
fails to develop or implement such a plan in accordance with the	12295
rules adopted under this section, the department may, without the	12296
involvement of the county board, review and select providers for	12297
the development of residential services in the county.	12298

Sec. 5123.043. (A) The director of ~~mental retardation and~~	12299
developmental disabilities shall adopt rules establishing	12300
procedures for administrative resolution of complaints filed under	12301
division (B) of this section and section 5126.06 of the Revised	12302
Code. The rules shall be adopted in accordance with Chapter 119.	12303
of the Revised Code.	12304

(B) Except as provided in division (C) of this section, any	12305
person or county board of mental retardation and developmental	12306
disabilities that has a complaint involving any of the programs,	12307
services, policies, or administrative practices of the department	12308
of ~~mental retardation and~~ developmental disabilities or any of the	12309
entities under contract with the department, may file a complaint	12310
with the department. Prior to commencing a civil action regarding	12311
the complaint, a person or county board shall attempt to have the	12312
complaint resolved through the administrative resolution process	12313
established in the rules adopted under this section. After	12314
exhausting the administrative resolution process, the person or	12315
county board may commence a civil action if the complaint is not	12316
settled to the person's or county board's satisfaction.	12317

(C) An employee of the department may not file under this	12318
section a complaint related to the terms and conditions of	12319
employment for the employee.	12320

Sec. 5123.044. The department of ~~mental retardation and~~	12321
developmental disabilities shall determine whether county boards	12322
of mental retardation and developmental disabilities are in	12323
compliance with section 5126.046 of the Revised Code. The	12324
department shall provide assistance to an individual with mental	12325
retardation or other developmental disability who requests	12326
assistance with the individual's right under section 5126.046 of	12327
the Revised Code to choose a provider of habilitation, vocational,	12328
community employment, residential, or supported living services if	12329
the department is notified of a county board's alleged violation	12330
of the individual's right to choose such a provider.	12331

Sec. 5123.046. The department of ~~mental retardation and~~	12332
developmental disabilities shall review each component of the	12333
three-calendar-year plan it receives from a county board of mental	12334
retardation and developmental disabilities under section 5126.054	12335
of the Revised Code and, in consultation with the department of	12336
job and family services and office of budget and management,	12337
approve each component that includes all the information and	12338
conditions specified in that section. The third component of the	12339
plan shall be approved or disapproved not later than forty-five	12340
days after the third component is submitted to the department. If	12341
the department approves all three components of the plan, the	12342
plan is approved. Otherwise, the plan is disapproved. If the plan	12343
is disapproved, the department shall take action against the	12344
county board under division (B) of section 5126.056 of the	12345
Revised Code.	12346

In approving plans under this section, the department shall	12347
ensure that the aggregate of all plans provide for the increased	12348
enrollment into home and community-based services during each	12349
state fiscal year of at least five hundred individuals who did not	12350
receive residential services, supported living, or home and	12351
community-based services the prior state fiscal year if the	12352
department has enough additional enrollment available for this	12353
purpose.	12354

The department shall establish protocols that the department	12355
shall use to determine whether a county board is complying with	12356
the programmatic and financial accountability mechanisms and	12357
achieving outcomes specified in its approved plan. If the	12358
department determines that a county board is not in compliance	12359
with the mechanisms or achieving the outcomes specified in its	12360
approved plan, the department may take action under division (F)	12361
of section 5126.055 of the Revised Code.	12362

Sec. 5123.047. The department of ~~mental retardation and~~	12363
developmental disabilities shall pay the nonfederal share of	12364
medicaid expenditures for medicaid case management services and	12365
home and community-based services for which no county board of	12366
mental retardation and developmental disabilities is required by	12367
section 5126.059 or 5126.0510 of the Revised Code to pay.	12368

Sec. 5123.048. The director of ~~mental retardation and~~	12369
developmental disabilities may enter into an agreement with a	12370
county board of mental retardation and developmental disabilities	12371
under which the department of ~~mental retardation and~~ developmental	12372
disabilities is to pay the nonfederal share of medicaid	12373
expenditures for one or more of the home and community-based	12374
services that the county board would, if not for the agreement,	12375
be required by section 5126.0510 of the Revised Code to pay. The	12376
agreement shall specify which home and community-based services	12377
the agreement covers. The department shall pay the nonfederal	12378
share of medicaid expenditures for the home and community-based	12379
services that the agreement covers as long as the agreement is in	12380
effect.	12381

Sec. 5123.049. The director of ~~mental retardation and~~	12382
developmental disabilities shall adopt rules in accordance with	12383
Chapter 119. of the Revised Code governing the authorization and	12384
payment of home and community-based services and medicaid case	12385
management services. The rules shall provide for private providers	12386
of the services to receive one hundred per cent of the medicaid	12387
allowable payment amount and for government providers of the	12388
services to receive the federal share of the medicaid allowable	12389
payment, less the amount withheld as a fee under section 5123.0412	12390
of the Revised Code and any amount that may be required by rules	12391
adopted under section 5123.0413 of the Revised Code to be	12392
deposited into the state ~~MR/DD~~developmental disabilities risk	12393
fund. The rules shall establish the process by which county	12394
boards of mental retardation and developmental disabilities shall	12395
certify and provide the nonfederal share of medicaid expenditures	12396
that the county board is required by sections 5126.059 and	12397
5126.0510 of the Revised Code to pay. The process shall require a	12398
county board to certify that the county board has funding	12399
available at one time for two months costs for those	12400
expenditures. The process may permit a county board to certify	12401
that the county board has funding available at one time for more	12402
than two months costs for those expenditures.	12403

Sec. 5123.0410. An individual with mental retardation or	12404
other developmental disability who moves from one county in this	12405
state to another county in this state shall receive home and	12406
community-based services in the new county that are comparable in	12407
scope to the home and community-based services the individual	12408
receives in the prior county at the time the individual moves. If	12409
the county board serving the county to which the individual moves	12410
determines under section 5126.041 of the Revised Code that the	12411
individual is eligible for county board services, the county board	12412
shall ensure that the individual receives the comparable services.	12413
If the county board determines that the individual is not eligible	12414
for county board services, the department of ~~mental retardation~~	12415
~~and~~ developmental disabilities shall ensure that the individual	12416
receives the comparable services.	12417

If the home and community-based services that the individual	12418
receives at the time the individual moves include supported living	12419
or residential services, the department shall reduce the amount	12420
the department allocates to the county board serving the county	12421
the individual left for those supported living or residential	12422
services by an amount that equals the payment the department	12423
authorizes or projects, or both, for those supported living or	12424
residential services from the last day the individual resides in	12425
the county to the last day of the state fiscal year in which the	12426
individual moves. The department shall increase the amount the	12427
department allocates to the county board serving the county the	12428
individual moves to by the same amount. The department shall make	12429
the reduction and increase effective the day the department	12430
determines the individual has residence in the new county. The	12431
department shall determine the amount that is to be reduced and	12432
increased in accordance with the department's rules for	12433
authorizing payments for home and community-based services	12434
established adopted under section 5123.049 of the Revised Code.	12435
The department shall annualize the reduction and increase for the	12436
subsequent state fiscal year as necessary.	12437

Sec. 5123.0411. The department of ~~mental retardation and~~	12438
developmental disabilities may bring a mandamus action against a	12439
county board of mental retardation and developmental disabilities	12440
that fails to pay the nonfederal share of medicaid expenditures	12441
that the county board is required by sections 5126.059 and	12442
5126.0510 of the Revised Code to pay. The department may bring	12443
the mandamus action in the court of common pleas of the county	12444
served by the county board or in the Franklin county court of	12445
common pleas.	12446

Sec. 5123.0412. (A) The department of ~~mental retardation and~~	12447
developmental disabilities shall charge each county board of	12448
mental retardation and developmental disabilities an annual fee	12449
equal to one and one-half per cent of the total value of all	12450
medicaid paid claims for home and community-based services	12451
provided during the year to an individual eligible for services	12452
from the county board. No county board shall pass the cost of a	12453
fee charged to the county board under this section on to another	12454
provider of these services.	12455

(B) The fees collected under this section shall be deposited	12456
into the ~~ODMR/DD~~ODDD administration and oversight fund and the	12457
ODJFS administration and oversight fund, both of which are hereby	12458
created in the state treasury. The portion of the fees to be	12459
deposited into the ~~ODMR/DD~~ODDD administration and oversight fund	12460
and the portion of the fees to be deposited into the ODJFS	12461
administration and oversight fund shall be the portion specified	12462
in an interagency agreement entered into under division (C) of	12463
this section. The department of ~~mental retardation and~~	12464
developmental disabilities shall use the money in the ~~ODMR/DD~~ODDD	12465
administration and oversight fund and the department of job and	12466
family services shall use the money in the ODJFS administration	12467
and oversight fund for both of the following purposes:	12468

(1) The administrative and oversight costs of medicaid case	12469
management services and home and community-based services. The	12470
administrative and oversight costs shall include costs for staff,	12471
systems, and other resources the departments need and dedicate	12472
solely to the following duties associated with the services:	12473

(a) Eligibility determinations;

12474

(b) Training;

12475

12476

(d) Claims processing;

12477

(e) Quality assurance oversight;

12478

(f) Other duties the departments identify.

12479

(2) Providing technical support to county boards' local	12480
administrative authority under section 5126.055 of the Revised	12481
Code for the services.	12482

(C) The departments of ~~mental retardation and~~ developmental	12483
disabilities and job and family services shall enter into an	12484
interagency agreement to do both of the following:	12485

(1) Specify which portion of the fees collected under this	12486
section is to be deposited into the ~~ODMR/DD~~ODDD administration	12487
and oversight fund and which portion is to be deposited into the	12488
ODJFS administration and oversight fund;	12489

(2) Provide for the departments to coordinate the staff whose	12490
costs are paid for with money in the ~~ODMR/DD~~ODDD administration	12491
and oversight fund and the ODJFS administration and oversight	12492
fund.	12493

(D) The departments shall submit an annual report to the	12494
director of budget and management certifying how the departments	12495
spent the money in the ~~ODMR/DD~~ODDD administration and oversight	12496
fund and the ODJFS administration and oversight fund for the	12497
purposes specified in division (B) of this section.	12498

Sec. 5123.0413. (A) The department of ~~mental retardation and~~	12499
developmental disabilities, in consultation with the department of	12500
job and family services, office of budget and management, and	12501
county boards of mental retardation and developmental	12502
disabilities, shall adopt rules in accordance with Chapter 119. of	12503
the Revised Code no later than January 1, 2002, establishing a	12504
method of paying for extraordinary costs, including extraordinary	12505
costs for services to individuals with mental retardation or other	12506
developmental disability, and ensure the availability of adequate	12507
funds in the event a county property tax levy for services for	12508
individuals with mental retardation or other developmental	12509
disability fails. The rules may provide for using and managing	12510
either or both of the following:	12511

(1) A state ~~MR/DD~~developmental disabilities risk fund, which	12512
is hereby created in the state treasury;	12513

(2) A state insurance against ~~MR/DD~~developmental	12514
disabilities risk fund, which is hereby created in the state	12515
treasury.	12516

(B) Beginning January 1, 2002, the department of job and	12517
family services may not request approval from the United States	12518
secretary of health and human services to increase the number of	12519
slots for home and community-based services until the rules	12520
required by division (A) of this section are in effect.	12521

Sec. 5123.0414. (A) When the director of ~~mental retardation~~	12522
~~and~~ developmental disabilities, under section 119.07 of the	12523
Revised Code, sends a party a notice by registered mail, return	12524
receipt requested, that the director intends to take action	12525
against the party authorized by section 5123.082, 5123.166,	12526
5123.168, 5123.19, 5123.45, 5123.51, or 5126.25 of the Revised	12527
Code and the notice is returned to the director with an	12528
endorsement indicating that the notice was refused or unclaimed,	12529
the director shall resend the notice by ordinary mail to the	12530
party.	12531

(B) If the original notice was refused, the notice shall be	12532
deemed received as of the date the director resends the notice.	12533

(C) If the original notice was unclaimed, the notice shall be	12534
deemed received as of the date the director resends the notice	12535
unless, not later than thirty days after the date the director	12536
sent the original notice, the resent notice is returned to the	12537
director for failure of delivery.	12538

If the notice concerns taking action under section 5123.51 of	12539
the Revised Code and the resent notice is returned to the director	12540
for failure of delivery not later than thirty days after the date	12541
the director sent the original notice, the director shall cause	12542
the notice to be published in a newspaper of general circulation	12543
in the county of the party's last known residence or business and	12544
shall mail a dated copy of the published notice to the party at	12545
the last known address. The notice shall be deemed received as of	12546
the date of the publication.	12547

If the notice concerns taking action under section 5123.082,	12548
5123.166, 5123.168, 5123.19, 5123.45, or 5126.25 of the Revised	12549
Code and the resent notice is returned to the director for failure	12550
of delivery not later than thirty days after the date the director	12551
sent the original notice, the director shall resend the notice to	12552
the party a second time. The notice shall be deemed received as of	12553
the date the director resends the notice the second time.	12554

Sec. 5123.0415. As used in this section, "license" means a	12555
license, certificate, or evidence of registration.	12556

Each person and government entity that applies for or holds a	12557
valid license issued under section 5123.082, 5123.161, 5123.19,	12558
5123.45, 5126.25, or 5126.252 of the Revised Code shall notify the	12559
director of ~~mental retardation and~~ developmental disabilities of	12560
any change in the person or government entity's address.	12561

Sec. 5123.0416. (A) Subject to the availability of funds	12562
appropriated to the department of ~~mental retardation and~~	12563
developmental disabilities for medicaid waiver state match, the	12564
department shall expend, in fiscal year 2009 and each fiscal year	12565
thereafter, not less than the amount appropriated in appropriation	12566
item 322-416, medicaid waiver – state match, in fiscal year 2008	12567
to do both of the following:	12568

(1) Pay the nonfederal share of medicaid expenditures for	12569
home and community-based services that section 5123.047 of the	12570
Revised Code requires the department to pay;	12571

(2) Assist county boards of mental retardation and	12572
developmental disabilities in paying the nonfederal share of	12573
medicaid expenditures for home and community-based services that	12574
section 5126.0510 of the Revised Code requires county boards to	12575
pay.	12576

(B) The department shall make the expenditures required by	12577
division (A)(2) of this section in the form of allocations to	12578
county boards or by other means. If the department makes the	12579
expenditures in the form of allocations, the process for making	12580
the allocations shall conform to a process the department shall	12581
establish after consulting with representatives of county boards.	12582

Sec. 5123.0417. (A) Using funds available under section	12583
5112.371 of the Revised Code, the director of ~~mental retardation~~	12584
~~and~~ developmental disabilities shall establish one or more	12585
programs for individuals under twenty-one years of age who have	12586
intensive behavioral needs, including such individuals with a	12587
primary diagnosis of autism spectrum disorder. The programs may	12588
include one or more medicaid waiver components that the director	12589
administers pursuant to section 5111.871 of the Revised Code. The	12590
programs may do one or more of the following:	12591

(1) Establish models that incorporate elements common to	12592
effective intervention programs and evidence-based practices in	12593
services for children with intensive behavioral needs;	12594

(2) Design a template for individualized education plans and	12595
individual service plans that provide consistent intervention	12596
programs and evidence-based practices for the care and treatment	12597
of children with intensive behavioral needs;	12598

(3) Disseminate best practice guidelines for use by families	12599
of children with intensive behavioral needs and professionals	12600
working with such families;	12601

(4) Develop a transition planning model for effectively	12602
mainstreaming school-age children with intensive behavioral needs	12603
to their public school district;	12604

(5) Contribute to the field of early and effective	12605
identification and intervention programs for children with	12606
intensive behavioral needs by providing financial support for	12607
scholarly research and publication of clinical findings.	12608

(B) The director of ~~mental retardation and~~ developmental	12609
disabilities shall collaborate with the director of job and family	12610
services and consult with the executive director of the Ohio	12611
center for autism and low incidence and university-based programs	12612
that specialize in services for individuals with developmental	12613
disabilities when establishing programs under this section.	12614

Sec. 5123.05. The department of ~~mental retardation and~~	12615
developmental disabilities may conduct audits of the services and	12616
programs that either receive funds through the department or are	12617
subject to regulation by the department. Audits shall be conducted	12618
in accordance with procedures prescribed by the department.	12619
Records created or received by the department in connection with	12620
an audit are not public records under section 149.43 of the	12621
Revised Code until a report of the audit is released by the	12622
department.	12623

Sec. 5123.051. (A) If the department of ~~mental retardation~~	12624
~~and~~ developmental disabilities determines pursuant to an audit	12625
conducted under section 5123.05 of the Revised Code or a	12626
reconciliation conducted under section 5123.18 of the Revised	12627
Code that money is owed the state by a provider of a service or	12628
program, the department may enter into a payment agreement with	12629
the provider. The agreement shall include the following:	12630

(1) A schedule of installment payments whereby the money owed	12631
the state is to be paid in full within a period not to exceed one	12632
year;	12633

(2) A provision that the provider may pay the entire balance	12634
owed at any time during the term of the agreement;	12635

(3) A provision that if any installment is not paid in full	12636
within forty-five days after it is due, the entire balance owed is	12637
immediately due and payable;	12638

(4) Any other terms and conditions that are agreed to by the	12639
department and the provider.	12640

(B) The department may include a provision in a payment	12641
agreement that requires the provider to pay interest on the money	12642
owed the state. The department, in its discretion, shall determine	12643
whether to require the payment of interest and, if it so requires,	12644
the rate of interest. Neither the obligation to pay interest nor	12645
the rate of interest is subject to negotiation between the	12646
department and the provider.	12647

(C) If the provider fails to pay any installment in full	12648
within forty-five days after its due date, the department shall	12649
certify the entire balance owed to the attorney general for	12650
collection under section 131.02 of the Revised Code. The	12651
department may withhold funds from payments made to a provider	12652
under section 5123.18 of the Revised Code to satisfy a judgment	12653
secured by the attorney general.	12654

(D) The purchase of service fund is hereby created. Money	12655
credited to the fund shall be used solely for purposes of section	12656
5123.05 of the Revised Code.	12657

Sec. 5123.06. The director of ~~mental retardation and~~	12658
developmental disabilities may establish divisions in the	12659
department of ~~mental retardation and~~ developmental disabilities	12660
and prescribe their powers and duties.	12661

Each division shall consist of a deputy director and the	12662
officers and employees, including those in institutions, necessary	12663
for the performance of the functions assigned to it. The director	12664
shall supervise the work of each division and be responsible for	12665
the determination of general policies in the exercise of powers	12666
vested in the department and powers assigned to each division.	12667
The deputy director of each division shall be responsible to the	12668
director for the organization, direction, and supervision of the	12669
work of the division and the exercise of the powers and the	12670
performance of the duties of the department assigned to the	12671
division, and, with the approval of the director, may establish	12672
bureaus or other administrative units in the division.	12673

Appointment to the position of deputy director of a division	12674
may be made from persons holding positions in the classified	12675
service in the department.	12676

The deputy director of each division shall be a person who	12677
has had special training and experience in the type of work with	12678
the performance of which the division is charged.	12679

Each deputy director of a division, under the director, shall	12680
have entire executive charge of the division to which the deputy	12681
director is appointed. Subject to sections 124.01 to 124.64 of the	12682
Revised Code, and civil service rules, the deputy director of a	12683
division shall, with the approval of the director, select and	12684
appoint the necessary employees in the deputy director's division	12685
and may remove those employees for cause.	12686

Sec. 5123.07. There may be created in the department of	12687
~~mental retardation and~~ developmental disabilities a bureau of	12688
research. The bureau shall:	12689

(A) Plan, direct, and coordinate all research programs	12690
conducted by the department;	12691

(B) Provide continuing evaluation of research programs;

12692

(C) Direct and coordinate scientific investigations and	12693
studies as undertaken under this section.	12694

The department shall institute and encourage scientific	12695
investigation by the staffs of the various institutions under its	12696
control and supervision, and publish bulletins and reports of the	12697
scientific and clinical work done in such institutions. Scientific	12698
investigation in the department shall be undertaken and continued	12699
only with the approval of the director of ~~mental retardation and~~	12700
developmental disabilities.	12701

Sec. 5123.08. An appointing officer may appoint a person who	12702
holds a certified position in the classified service within the	12703
department of ~~mental retardation and~~ developmental disabilities to	12704
a position in the unclassified service within the department. A	12705
person appointed pursuant to this section to a position in the	12706
unclassified service shall retain the right to resume the position	12707
and status held by the person in the classified service	12708
immediately prior to the person's appointment to the position in	12709
the unclassified service, regardless of the number of positions	12710
the person held in the unclassified service. An employee's right	12711
to resume a position in the classified service may only be	12712
exercised when an appointing authority demotes the employee to a	12713
pay range lower than the employee's current pay range or revokes	12714
the employee's appointment to the unclassified service. An	12715
employee forfeits the right to resume a position in the classified	12716
service when the employee is removed from the position in the	12717
unclassified service due to incompetence, inefficiency,	12718
dishonesty, drunkenness, immoral conduct, insubordination,	12719
discourteous treatment of the public, neglect of duty, violation	12720
of this chapter or Chapter 124. of the Revised Code, the rules of	12721
the director of ~~mental retardation and~~ developmental disabilities	12722
or the director of administrative services, any other failure of	12723
good behavior, any other acts of misfeasance, malfeasance, or	12724
nonfeasance in office, or conviction of a felony. An employee also	12725
forfeits the right to resume a position in the classified service	12726
upon transfer to a different agency.	12727

Reinstatement to a position in the classified service shall	12728
be to a position substantially equal to that position in the	12729
classified service held previously, as certified by the director	12730
of administrative services. If the position the person previously	12731
held in the classified service has been placed in the unclassified	12732
service or is otherwise unavailable, the person shall be appointed	12733
to a position in the classified service within the department that	12734
the director of administrative services certifies is comparable in	12735
compensation to the position the person previously held in the	12736
classified service. Service in the position in the unclassified	12737
service shall be counted as service in the position in the	12738
classified service held by the person immediately prior to the	12739
person's appointment to the position in the unclassified service.	12740
When a person is reinstated to a position in the classified	12741
service as provided in this section, the person is entitled to all	12742
rights, status, and benefits accruing to the position in the	12743
classified service during the time of the person's service in the	12744
position in the unclassified service.	12745

Sec. 5123.081. (A) As used in this section:

12746

(1) "Applicant" means a person who is under final	12747
consideration for appointment to or employment with the department	12748
of ~~mental retardation and~~ developmental disabilities, including,	12749
but not limited to, a person who is being transferred to the	12750
department and an employee who is being recalled or reemployed	12751
after a layoff.	12752

(2) "Criminal records check" has the same meaning as in	12753
section 109.572 of the Revised Code.	12754

(3) "Minor drug possession offense" has the same meaning as	12755
in section 2925.01 of the Revised Code.	12756

(B) The director of ~~mental retardation and~~ developmental	12757
disabilities shall request the superintendent of the bureau of	12758
criminal identification and investigation to conduct a criminal	12759
records check with respect to each applicant, except that the	12760
director is not required to request a criminal records check for	12761
an employee of the department who is being considered for a	12762
different position or is returning after a leave of absence or	12763
seasonal break in employment, as long as the director has no	12764
reason to believe that the employee has committed any of the	12765
offenses listed or described in division (E) of this section.	12766

If the applicant does not present proof that the applicant	12767
has been a resident of this state for the five-year period	12768
immediately prior to the date upon which the criminal records	12769
check is requested, the director shall request that the	12770
superintendent of the bureau obtain information from the federal	12771
bureau of investigation as a part of the criminal records check	12772
for the applicant. If the applicant presents proof that the	12773
applicant has been a resident of this state for that five-year	12774
period, the director may request that the superintendent of the	12775
bureau include information from the federal bureau of	12776
investigation in the criminal records check. For purposes of this	12777
division, an applicant may provide proof of residency in this	12778
state by presenting, with a notarized statement asserting that the	12779
applicant has been a resident of this state for that five-year	12780
period, a valid driver's license, notification of registration as	12781
an elector, a copy of an officially filed federal or state tax	12782
form identifying the applicant's permanent residence, or any other	12783
document the director considers acceptable.	12784

(C) The director shall provide to each applicant a copy of	12785
the form prescribed pursuant to division (C)(1) of section 109.572	12786
of the Revised Code, provide to each applicant a standard	12787
impression sheet to obtain fingerprint impressions prescribed	12788
pursuant to division (C)(2) of section 109.572 of the Revised	12789
Code, obtain the completed form and impression sheet from each	12790
applicant, and forward the completed form and impression sheet to	12791
the superintendent of the bureau of criminal identification and	12792
investigation at the time the criminal records check is requested.	12793

Any applicant who receives pursuant to this division a copy	12794
of the form prescribed pursuant to division (C)(1) of section	12795
109.572 of the Revised Code and a copy of an impression sheet	12796
prescribed pursuant to division (C)(2) of that section and who is	12797
requested to complete the form and provide a set of fingerprint	12798
impressions shall complete the form or provide all the information	12799
necessary to complete the form and shall provide the material with	12800
the impressions of the applicant's fingerprints. If an applicant,	12801
upon request, fails to provide the information necessary to	12802
complete the form or fails to provide impressions of the	12803
applicant's fingerprints, the director shall not employ the	12804
applicant.	12805

(D) The director may request any other state or federal	12806
agency to supply the director with a written report regarding the	12807
criminal record of each applicant. With regard to an applicant who	12808
becomes a department employee, if the employee holds an	12809
occupational or professional license or other credentials, the	12810
director may request that the state or federal agency that	12811
regulates the employee's occupation or profession supply the	12812
director with a written report of any information pertaining to	12813
the employee's criminal record that the agency obtains in the	12814
course of conducting an investigation or in the process of	12815
renewing the employee's license or other credentials.	12816

(E) Except as provided in division (K)(2) of this section and	12817
in rules adopted by the director in accordance with division (M)	12818
of this section, the director shall not employ a person to fill a	12819
position with the department who has been convicted of or pleaded	12820
guilty to any of the following:	12821

(1) A violation of section 2903.01, 2903.02, 2903.03,	12822
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	12823
2903.341, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	12824
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	12825
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	12826
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24,	12827
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04,	12828
2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of	12829
section 2905.04 of the Revised Code as it existed prior to July 1,	12830
1996, a violation of section 2919.23 of the Revised Code that	12831
would have been a violation of section 2905.04 of the Revised Code	12832
as it existed prior to July 1, 1996, had the violation occurred	12833
prior to that date, a violation of section 2925.11 of the Revised	12834
Code that is not a minor drug possession offense, or felonious	12835
sexual penetration in violation of former section 2907.12 of the	12836
Revised Code;	12837

(2) A felony contained in the Revised Code that is not listed	12838
in this division, if the felony bears a direct and substantial	12839
relationship to the duties and responsibilities of the position	12840
being filled;	12841

(3) Any offense contained in the Revised Code constituting a	12842
misdemeanor of the first degree on the first offense and a felony	12843
on a subsequent offense, if the offense bears a direct and	12844
substantial relationship to the position being filled and the	12845
nature of the services being provided by the department;	12846

(4) A violation of an existing or former municipal ordinance	12847
or law of this state, any other state, or the United States, if	12848
the offense is substantially equivalent to any of the offenses	12849
listed or described in division (E)(1), (2), or (3) of this	12850
section.	12851

(F) Prior to employing an applicant, the director shall	12852
require the applicant to submit a statement with the applicant's	12853
signature attesting that the applicant has not been convicted of	12854
or pleaded guilty to any of the offenses listed or described in	12855
division (E) of this section. The director also shall require the	12856
applicant to sign an agreement under which the applicant agrees to	12857
notify the director within fourteen calendar days if, while	12858
employed with the department, the applicant is ever formally	12859
charged with, convicted of, or pleads guilty to any of the	12860
offenses listed or described in division (E) of this section. The	12861
agreement shall inform the applicant that failure to report formal	12862
charges, a conviction, or a guilty plea may result in being	12863
dismissed from employment.	12864

(G) The director shall pay to the bureau of criminal	12865
identification and investigation the fee prescribed pursuant to	12866
division (C)(3) of section 109.572 of the Revised Code for each	12867
criminal records check requested and conducted pursuant to this	12868
section.	12869

(H)(1) Any report obtained pursuant to this section is not a	12870
public record for purposes of section 149.43 of the Revised Code	12871
and shall not be made available to any person, other than the	12872
applicant who is the subject of the records check or criminal	12873
records check or the applicant's representative, the department or	12874
its representative, a county board of mental retardation and	12875
developmental disabilities, and any court, hearing officer, or	12876
other necessary individual involved in a case dealing with the	12877
denial of employment to the applicant or the denial, suspension,	12878
or revocation of a certificate or evidence of registration under	12879
section 5123.082 of the Revised Code.	12880

(2) An individual for whom the director has obtained reports	12881
under this section may submit a written request to the director to	12882
have copies of the reports sent to any state agency, entity of	12883
local government, or private entity. The individual shall specify	12884
in the request the agencies or entities to which the copies are to	12885
be sent. On receiving the request, the director shall send copies	12886
of the reports to the agencies or entities specified.	12887

The director may request that a state agency, entity of local	12888
government, or private entity send copies to the director of any	12889
report regarding a records check or criminal records check that	12890
the agency or entity possesses, if the director obtains the	12891
written consent of the individual who is the subject of the	12892
report.	12893

(I) The director shall request the registrar of motor	12894
vehicles to supply the director with a certified abstract	12895
regarding the record of convictions for violations of motor	12896
vehicle laws of each applicant who will be required by the	12897
applicant's employment to transport individuals with mental	12898
retardation or a developmental disability or to operate the	12899
department's vehicles for any other purpose. For each abstract	12900
provided under this section, the director shall pay the amount	12901
specified in section 4509.05 of the Revised Code.	12902

(J) The director shall provide each applicant with a copy of	12903
any report or abstract obtained about the applicant under this	12904
section.	12905

(K)(1) The director shall inform each person, at the time of	12906
the person's initial application for employment, that the person	12907
is required to provide a set of impressions of the person's	12908
fingerprints and that a criminal records check is required to be	12909
conducted and satisfactorily completed in accordance with section	12910
109.572 of the Revised Code if the person comes under final	12911
consideration for employment as a precondition to employment in a	12912
position.	12913

(2) The director may employ an applicant pending receipt of	12914
reports requested under this section. The director shall terminate	12915
employment of any such applicant if it is determined from the	12916
reports that the applicant failed to inform the director that the	12917
applicant had been convicted of or pleaded guilty to any of the	12918
offenses listed or described in division (E) of this section.	12919

(L) The director may charge an applicant a fee for costs the	12920
director incurs in obtaining reports, abstracts, or fingerprint	12921
impressions under this section. A fee charged under this division	12922
shall not exceed the amount of the fees the director pays under	12923
divisions (G) and (I) of this section. If a fee is charged under	12924
this division, the director shall notify the applicant of the	12925
amount of the fee at the time of the applicant's initial	12926
application for employment and that, unless the fee is paid, the	12927
director will not consider the applicant for employment.	12928

(M) The director shall adopt rules in accordance with Chapter	12929
119. of the Revised Code to implement this section, including	12930
rules specifying circumstances under which the director may employ	12931
a person who has been convicted of or pleaded guilty to an offense	12932
listed or described in division (E) of this section but who meets	12933
standards in regard to rehabilitation set by the director.	12934

Sec. 5123.082. (A) The director of ~~mental retardation and~~	12935
developmental disabilities shall adopt rules in accordance with	12936
Chapter 119. of the Revised Code:	12937

(1) Designating positions of employment for which the	12938
director determines that certification or evidence of registration	12939
is required as a condition of employment in the department of	12940
~~mental retardation and~~ developmental disabilities, entities that	12941
contract with the department or county boards of mental	12942
retardation and developmental disabilities to operate programs or	12943
provide services to persons with mental retardation and	12944
developmental disabilities, or other positions of employment in	12945
programs that serve those persons. The rules shall designate the	12946
position of investigative agent, as defined in section 5126.20 of	12947
the Revised Code, as a position for which certification is	12948
required.	12949

(2) Establishing levels of certification or registration for	12950
each position for which certification or registration is required;	12951

(3) Establishing for each level of each position the	12952
requirements that must be met to obtain certification or	12953
registration, including standards regarding education, specialized	12954
training, and experience. The standards shall take into account	12955
the nature and needs of persons with mental retardation or a	12956
developmental disability and the specialized techniques needed to	12957
serve them. The requirements for an investigative agent shall be	12958
the same as the certification requirements for an investigative	12959
agent under section 5126.25 of the Revised Code.	12960

(4) Establishing renewal schedules and renewal requirements	12961
for certification and registration, including standards regarding	12962
education, specialized training, and experience. The renewal	12963
requirements for an investigative agent shall be the same as the	12964
renewal requirements for an investigative agent under section	12965
5126.25 of the Revised Code.	12966

(5) Establishing procedures for denial, suspension, and	12967
revocation of a certificate or evidence of registration, including	12968
appeal procedures;	12969

(6) Establishing other requirements needed to carry out this	12970
section.	12971

(B) The director shall issue, renew, deny, suspend, or revoke	12972
a certificate or evidence of registration in accordance with rules	12973
adopted under this section. The director shall deny, suspend, or	12974
revoke a certificate or evidence of registration if the director	12975
finds, pursuant to an adjudication conducted in accordance with	12976
Chapter 119. of the Revised Code, that an applicant for or holder	12977
of a certificate or evidence of registration is guilty of	12978
intemperate, immoral, or other conduct unbecoming to the	12979
applicant's or holder's position, or is guilty of incompetence or	12980
negligence within the scope of the applicant's or holder's duties.	12981
The director shall deny or revoke a certificate or evidence of	12982
registration after the director finds, pursuant to an adjudication	12983
conducted in accordance with Chapter 119. of the Revised Code,	12984
that the applicant for or holder of the certificate or evidence of	12985
registration has been convicted of or pleaded guilty to any of the	12986
offenses listed or described in division (E) of section 5126.28 of	12987
the Revised Code, unless the individual meets standards for	12988
rehabilitation that the director establishes in the rules adopted	12989
under that section. Evidence supporting such allegations must be	12990
presented to the director in writing, and the director shall	12991
provide prompt notice of the allegations to the person who is the	12992
subject of the allegations. A denial, suspension, or revocation	12993
may be appealed in accordance with the procedures established in	12994
rules adopted under this section.	12995

(C) A person holding a valid certificate or evidence of	12996
registration under this section on the effective date of any rules	12997
adopted under this section that increase the certification or	12998
registration standards shall have the period that the rules	12999
prescribe, but not less than one year after the effective date of	13000
the rules, to meet the new standards.	13001

(D) No person shall be employed in a position for which	13002
certification or registration is required under rules adopted	13003
under this section, unless the person holds a valid certificate or	13004
evidence of registration for the position.	13005

Sec. 5123.083. On receipt of a notice pursuant to section	13006
3123.43 of the Revised Code, the director of ~~mental retardation~~	13007
~~and~~ developmental disabilities shall comply with sections 3123.41	13008
to 3123.50 of the Revised Code and any applicable rules adopted	13009
under section 3123.63 of the Revised Code with respect to a	13010
certificate or evidence of registration issued pursuant to this	13011
chapter.	13012

Sec. 5123.09. Subject to the rules of the department of	13013
~~mental retardation and~~ developmental disabilities, each	13014
institution under the jurisdiction of the department shall be	13015
under the control of a managing officer to be known as a	13016
superintendent or by other appropriate title. The managing officer	13017
shall be appointed by the director of ~~mental retardation and~~	13018
developmental disabilities and shall be in the unclassified	13019
service and serve at the pleasure of the director. Each managing	13020
officer shall be of good moral character and have skill, ability,	13021
and experience in the managing officer's profession. Appointment	13022
to the position of managing officer of an institution may be made	13023
from persons holding positions in the classified service in the	13024
department.	13025

The managing officer, under the director, shall have entire	13026
executive charge of the institution for which the managing officer	13027
is appointed, except as provided in section 5119.16 of the Revised	13028
Code. Subject to civil service rules and rules adopted by the	13029
department, the managing officer shall appoint the necessary	13030
employees, and the managing officer or the director may remove	13031
those employees for cause. A report of all appointments,	13032
resignations, and discharges shall be filed with the appropriate	13033
division at the close of each month.	13034

After conference with the managing officer of each	13035
institution, the director shall determine the number of employees	13036
to be appointed to the various institutions and clinics.	13037

Sec. 5123.091. The director of ~~metal retardation and~~	13038
developmental disabilities may, by rule and with the approval of	13039
the governor, change the purpose for which any institution under	13040
the control of the department is being used. The director may	13041
designate a new or another use for the institution, provided the	13042
change of use and new designation has for its objective	13043
improvement in the classification, segregation, care, education,	13044
cure, or rehabilitation of the persons admitted.	13045

Sec. 5123.092. (A) There is hereby established at each	13046
institution and branch institution under the control of the	13047
department of ~~mental retardation and~~ developmental disabilities a	13048
citizen's advisory council consisting of thirteen members. At	13049
least seven of the members shall be persons who are not providers	13050
of mental retardation services. Each council shall include parents	13051
or other relatives of residents of institutions under the control	13052
of the department, community leaders, professional persons in	13053
relevant fields, and persons who have an interest in or knowledge	13054
of mental retardation. The managing officer of the institution	13055
shall be a nonvoting member of the council.	13056

(B) The director of ~~mental retardation and~~ developmental	13057
disabilities shall be the appointing authority for the voting	13058
members of each citizen's advisory council. Each time the term of	13059
a voting member expires, the remaining members of the council	13060
shall recommend to the director one or more persons to serve on	13061
the council. The director may accept a nominee of the council or	13062
reject the nominee or nominees. If the director rejects the	13063
nominee or nominees, the remaining members of the advisory council	13064
shall further recommend to the director one or more other persons	13065
to serve on the advisory council. This procedure shall continue	13066
until a member is appointed to the advisory council.	13067

Each advisory council shall elect from its appointed members	13068
a chairperson, vice-chairperson, and a secretary to serve for	13069
terms of one year. Advisory council officers shall not serve for	13070
more than two consecutive terms in the same office. A majority of	13071
the advisory council members constitutes a quorum.	13072

(C) Terms of office shall be for three years, each term	13073
ending on the same day of the same month of the year as did the	13074
term which it succeeds. No member shall serve more than two	13075
consecutive terms, except that any former member may be appointed	13076
if one year or longer has elapsed since the member served two	13077
consecutive terms. Each member shall hold office from the date of	13078
appointment until the end of the term for which the member was	13079
appointed. Any vacancy shall be filled in the same manner in which	13080
the original appointment was made, and the appointee to a vacancy	13081
in an unexpired term shall serve the balance of the term of the	13082
original appointee. Any member shall continue in office subsequent	13083
to the expiration date of the member's term until the member's	13084
successor takes office, or until a period of sixty days has	13085
elapsed, whichever occurs first.	13086

(D) Members shall be expected to attend all meetings of the	13087
advisory council. Unexcused absence from two successive regularly	13088
scheduled meetings shall be considered prima-facie evidence of	13089
intent not to continue as a member. The chairperson of the board	13090
shall, after a member has been absent for two successive regularly	13091
scheduled meetings, direct a letter to the member asking if the	13092
member wishes to remain in membership. If an affirmative reply is	13093
received, the member shall be retained as a member except that,	13094
if, after having expressed a desire to remain a member, the member	13095
then misses a third successive regularly scheduled meeting without	13096
being excused, the chairperson shall terminate the member's	13097
membership.	13098

(E) A citizen's advisory council shall meet six times	13099
annually, or more frequently if three council members request the	13100
chairperson to call a meeting. The council shall keep minutes of	13101
each meeting and shall submit them to the managing officer of the	13102
institution with which the council is associated, the department	13103
of ~~mental retardation and~~ developmental disabilities, and the	13104
legal rights service.	13105

(F) Members of citizen's advisory councils shall receive no	13106
compensation for their services, except that they shall be	13107
reimbursed for their actual and necessary expenses incurred in the	13108
performance of their official duties by the institution with which	13109
they are associated from funds allocated to it, provided that	13110
reimbursement for those expenses shall not exceed limits imposed	13111
upon the department of ~~mental retardation and~~ developmental	13112
disabilities by administrative rules regulating travel within this	13113
state.	13114

(G) The councils shall have reasonable access to all patient	13115
treatment and living areas and records of the institution, except	13116
those records of a strictly personal or confidential nature. The	13117
councils shall have access to a patient's personal records with	13118
the consent of the patient or the patient's legal guardian or, if	13119
the patient is a minor, with the consent of the parent or legal	13120
guardian of the patient.	13121

(H) As used in this section, "branch institution" means a	13122
facility that is located apart from an institution and is under	13123
the control of the managing officer of the institution.	13124

Sec. 5123.093. The citizen's advisory councils established	13125
under section 5123.092 of the Revised Code shall:	13126

(A) Transmit verbal or written information from any person or	13127
organization associated with the institution or within the	13128
community, that an advisory council considers important, to the	13129
joint council on ~~mental retardation and~~ developmental disabilities	13130
created by section 101.37 of the Revised Code and the director of	13131
~~mental retardation and~~ developmental disabilities;	13132

(B) Review the records of all applicants to any unclassified	13133
position at the institution, except for resident physician	13134
positions filled under section 5123.11 of the Revised Code;	13135

(C) Review and evaluate institutional employee training and	13136
continuing education programs;	13137

(D) On or before the thirty-first day of January of each	13138
year, submit a written report to the joint council on ~~mental~~	13139
~~retardation and~~ developmental disabilities and the director of	13140
~~mental retardation and~~ developmental disabilities regarding	13141
matters affecting the institution including, but not limited to,	13142
allegations of dehumanizing practices and violations of individual	13143
or legal rights;	13144

(E) Review institutional budgets, programs, services, and	13145
planning;	13146

(F) Develop and maintain relationships within the community	13147
with community mental retardation and developmental disabilities	13148
organizations;	13149

(G) Participate in the formulation of the institution's	13150
objectives, administrative procedures, program philosophy, and	13151
long range goals;	13152

(H) Bring any matter that an advisory council considers	13153
important to the attention of the joint council on ~~mental~~	13154
~~retardation and~~ developmental disabilities and the director of	13155
~~mental retardation and~~ developmental disabilities;	13156

(I) Recommend to the director of ~~mental retardation and~~	13157
developmental disabilities persons for appointment to citizen's	13158
advisory councils;	13159

(J) Adopt any rules or procedures necessary to carry out this	13160
section.	13161

The chairperson of the advisory council or the chairperson's	13162
designee shall be notified within twenty-four hours of any alleged	13163
incident of abuse to a resident or staff member by anyone.	13164
Incidents of resident or staff abuse shall include, but not be	13165
limited to, sudden deaths, accidents, suicides, attempted	13166
suicides, injury caused by other persons, alleged criminal acts,	13167
errors in prescribing or administering medication, theft from	13168
clients, fires, epidemic disease, administering unprescribed	13169
drugs, unauthorized use of restraint, withholding of information	13170
concerning alleged abuse, neglect, or any deprivation of rights as	13171
defined in Chapter 5122. or 5123. of the Revised Code.	13172

Sec. 5123.10. The department of ~~mental retardation and~~	13173
developmental disabilities shall require any of its employees and	13174
each officer and employee of every institution under its control	13175
who may be charged with custody or control of any money or	13176
property belonging to the state or who is required to give bond to	13177
give a surety company bond, properly conditioned, in a sum to be	13178
fixed by the department which, when approved by the department,	13179
shall be filed in the office of the secretary of state. The cost	13180
of such bonds, when approved by the department, shall be paid from	13181
funds available for the department. The bonds required or	13182
authorized by this section may, in the discretion of the director	13183
of ~~mental retardation and~~ developmental disabilities, be	13184
individual, schedule, or blanket bonds.	13185

Sec. 5123.11. (A) The director of ~~mental retardation and~~	13186
developmental disabilities may enter into an agreement with the	13187
boards of trustees or boards of directors of two or more	13188
universities in which there is a college of medicine or college of	13189
osteopathic medicine, or of two or more colleges of medicine or	13190
colleges of osteopathic medicine, or any combination of those	13191
universities and colleges, to establish, manage, and conduct	13192
residency medical training programs. The agreement may also	13193
provide for clinical clerkships for medical students. The director	13194
shall also enter into an agreement with the boards of trustees or	13195
boards of directors of one or more universities in which there is	13196
a school of professional psychology to establish, manage, and	13197
conduct residency psychological training programs.	13198

(B) The department shall pay all costs incurred by a	13199
university or college that relate directly to the training of	13200
resident physicians or psychologists in programs developed under	13201
this section. The director of ~~mental retardation and~~ developmental	13202
disabilities shall ensure that any procedures and limitations	13203
imposed for the purpose of reimbursing universities or colleges,	13204
or for direct payment of residents' salaries, are incorporated	13205
into agreements between the department and the universities or	13206
colleges. Any agreement shall provide that residency training for	13207
a physician shall not exceed four calendar years.	13208

Sec. 5123.12. The director of ~~mental retardation and~~	13209
developmental disabilities may enter into an agreement with boards	13210
of trustees or boards of directors of one or more universities,	13211
colleges, or schools to establish, manage, and conduct residency	13212
training programs for students enrolled in courses of studies for	13213
occupations or professions which may be determined by the director	13214
to be needed by the department to provide adequate care and	13215
treatment for the residents of any institution administered by the	13216
director.	13217

Sec. 5123.122. Notwithstanding section 5121.04 of the	13218
Revised Code and except as provided in section 5123.194 of the	13219
Revised Code, the liable relative of a mentally retarded or	13220
developmentally disabled person who is a minor receiving	13221
residential services pursuant to a contract entered into with the	13222
department of ~~mental retardation and~~ developmental disabilities	13223
under section 5123.18 of the Revised Code shall be charged for the	13224
minor's support the percentage of a base support rate determined	13225
in accordance with division (B)(2) of section 5121.04 of the	13226
Revised Code.	13227

Sec. 5123.13. (A) As used in this section, "felony" has the	13228
same meaning as in section 109.511 of the Revised Code.	13229

(B)(1) Subject to division (C) of this section, upon the	13230
recommendation of the director of ~~mental retardation and~~	13231
developmental disabilities, the managing officer of an institution	13232
under the jurisdiction of the department of ~~mental retardation and~~	13233
developmental disabilities may designate one or more employees to	13234
be special police officers of the department. The special police	13235
officers shall take an oath of office, wear the badge of office,	13236
and give bond for the proper and faithful discharge of their	13237
duties in an amount that the director requires.	13238

(2) In accordance with section 109.77 of the Revised Code,	13239
the special police officers shall be required to complete	13240
successfully a peace officer basic training program approved by	13241
the Ohio peace officer training commission and to be certified by	13242
the commission. The cost of the training shall be paid by the	13243
department of ~~mental retardation and~~ developmental disabilities.	13244

(3) Special police officers, on the premises of institutions	13245
under the jurisdiction of the department of ~~mental retardation and~~	13246
developmental disabilities and subject to the rules of the	13247
department, shall protect the property of the institutions and the	13248
persons and property of patients in the institutions, suppress	13249
riots, disturbances, and breaches of the peace, and enforce the	13250
laws of the state and the rules of the department for the	13251
preservation of good order. They may arrest any person without a	13252
warrant and detain the person until a warrant can be obtained	13253
under the circumstances described in division (F) of section	13254
2935.03 of the Revised Code.	13255

(C)(1) The managing officer of an institution under the	13256
jurisdiction of the department of ~~mental retardation and~~	13257
developmental disabilities shall not designate an employee as a	13258
special police officer of the department pursuant to division	13259
(B)(1) of this section on a permanent basis, on a temporary basis,	13260
for a probationary term, or on other than a permanent basis if the	13261
employee previously has been convicted of or has pleaded guilty to	13262
a felony.	13263

(2)(a) The managing officer of an institution under the	13264
jurisdiction of the department of ~~mental retardation and~~	13265
developmental disabilities shall terminate the employment as a	13266
special police officer of the department of an employee designated	13267
as a special police officer under division (B)(1) of this section	13268
if that employee does either of the following:	13269

(i) Pleads guilty to a felony;

13270

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	13271
plea agreement as provided in division (D) of section 2929.43 of	13272
the Revised Code in which the employee agrees to surrender the	13273
certificate awarded to that employee under section 109.77 of the	13274
Revised Code.	13275

(b) The managing officer shall suspend from employment as a	13276
special police officer of the department an employee designated as	13277
a special police officer under division (B)(1) of this section if	13278
that employee is convicted, after trial, of a felony. If the	13279
special police officer files an appeal from that conviction and	13280
the conviction is upheld by the highest court to which the appeal	13281
is taken or if the special police officer does not file a timely	13282
appeal, the managing officer shall terminate the employment of	13283
that special police officer. If the special police officer files	13284
an appeal that results in that special police officer's acquittal	13285
of the felony or conviction of a misdemeanor, or in the dismissal	13286
of the felony charge against that special police officer, the	13287
managing officer shall reinstate that special police officer. A	13288
special police officer of the department who is reinstated under	13289
division (C)(2)(b) of this section shall not receive any back pay	13290
unless that special police officer's conviction of the felony was	13291
reversed on appeal, or the felony charge was dismissed, because	13292
the court found insufficient evidence to convict the special	13293
police officer of the felony.	13294

(3) Division (C) of this section does not apply regarding an	13295
offense that was committed prior to January 1, 1997.	13296

(4) The suspension from employment, or the termination of the	13297
employment, of a special police officer under division (C)(2) of	13298
this section shall be in accordance with Chapter 119. of the	13299
Revised Code.	13300

Sec. 5123.14. The department of ~~mental retardation and~~	13301
developmental disabilities may make such investigations as are	13302
necessary in the performance of its duties and to that end the	13303
director of ~~mental retardation and~~ developmental disabilities	13304
shall have the same power as a judge of a county court to	13305
administer oaths and to enforce the attendance and testimony of	13306
witnesses and the production of books or papers.	13307

The department shall keep a record of such investigations	13308
stating the time, place, charges or subject, witnesses summoned	13309
and examined, and its conclusions.	13310

In matters involving the conduct of an officer, a	13311
stenographic report of the evidence shall be taken and a copy of	13312
such report, with all documents introduced, kept on file at the	13313
office of the department.	13314

The fees of witnesses for attendance and travel shall be the	13315
same as in the court of common pleas, but no officer or employee	13316
of the institution under investigation is entitled to such fees.	13317

Any judge of the probate court or of the court of common	13318
pleas, upon application of the department, may compel the	13319
attendance of witnesses, the production of books or papers, and	13320
the giving of testimony before the department, by a judgment for	13321
contempt or otherwise, in the same manner as in cases before said	13322
courts.	13323

Sec. 5123.15. The department of ~~mental retardation and~~	13324
developmental disabilities may appoint and commission any	13325
competent agency or person, to serve without compensation, as a	13326
special agent, investigator, or representative to perform a	13327
designated duty for and in behalf of the department. Specific	13328
credentials shall be given by the department to each person so	13329
designated, and each credential shall state the:	13330

(A) Name;

13331

(B) Agency with which such person is connected;

13332

13333

(D) Date of expiration of appointment;

13334

(E) Such information as the department considers proper.

13335

Sec. 5123.16. (A) As used in sections 5123.16 to 5123.169 of	13336
the Revised Code:	13337

(1) "Provider" means a person or government entity certified	13338
by the director of ~~mental retardation and~~ developmental	13339
disabilities to provide supported living.	13340

(2) "Related party" means any of the following:

13341

(a) In the case of a provider who is an individual, any of	13342
the following:	13343

(i) The spouse of the provider;

13344

(ii) A parent or stepparent of the provider or provider's	13345
spouse;	13346

(iii) A child of the provider or provider's spouse;

13347

(iv) A sibling, half sibling, or stepsibling of the provider	13348
or provider's spouse;	13349

(v) A grandparent of the provider or provider's spouse;

13350

(vi) A grandchild of the provider or provider's spouse;

13351

(vii) An employee or employer of the provider or provider's	13352
spouse.	13353

(b) In the case of a provider that is a person other than an	13354
individual, any of the following:	13355

(i) An employee of the person;

13356

(ii) An officer of the provider, including the chief	13357
executive officer, president, vice-president, secretary, and	13358
treasurer;	13359

(iii) A member of the provider's board of directors or	13360
trustees;	13361

(iv) A person owning a financial interest of five per cent or	13362
more in the provider;	13363

(v) A corporation that has a subsidiary relationship with the	13364
provider;	13365

(vi) A person or government entity that has control over the	13366
provider's day-to-day operation;	13367

(vii) A person over which the provider has control of the	13368
day-to-day operation.	13369

(c) In the case of a provider that is a government entity,	13370
any of the following:	13371

(i) An employee of the provider;

13372

(ii) An officer of the provider;

13373

(iii) A member of the provider's governing board;

13374

(iv) A government entity that has control over the provider's	13375
day-to-day operation;	13376

(v) A person or government entity over which the provider has	13377
control of the day-to-day operation.	13378

(B) No person or government entity may provide supported	13379
living without a valid supported living certificate issued by the	13380
director of ~~mental retardation and~~ developmental disabilities.	13381

(C) A county board of mental retardation and developmental	13382
disabilities may provide supported living only to the extent	13383
permitted by rules adopted under section 5123.169 of the Revised	13384
Code.	13385

Sec. 5123.161. A person or government entity that seeks to	13386
provide supported living shall apply to the director of ~~mental~~	13387
~~retardation and~~ developmental disabilities for a supported living	13388
certificate.	13389

Except as provided in section 5123.166 of the Revised Code,	13390
the director shall issue the applicant a supported living	13391
certificate if the applicant follows the application process	13392
established in rules adopted under section 5123.169 of the Revised	13393
Code, meets the applicable certification standards established in	13394
those rules, and pays the certification fee established in those	13395
rules.	13396

Sec. 5123.162. The director of ~~mental retardation and~~	13397
developmental disabilities may conduct surveys of persons and	13398
government entities that seek a supported living certificate to	13399
determine whether the persons and government entities meet the	13400
certification standards. The director may also conduct surveys of	13401
providers to determine whether the providers continue to meet the	13402
certification standards. The director shall conduct the surveys in	13403
accordance with rules adopted under section 5123.169 of the	13404
Revised Code.	13405

The records of surveys conducted under this section are	13406
public records for the purpose of section 149.43 of the Revised	13407
Code and shall be made available on the request of any person or	13408
government entity.	13409

Sec. 5123.163. A supported living certificate is valid for a	13410
period of time established in rules adopted under section 5123.169	13411
of the Revised Code, unless any of the following occur before the	13412
end of that period of time:	13413

(A) The director of ~~mental retardation and~~ developmental	13414
disabilities issues an order requiring that action be taken	13415
against the certificate holder under section 5123.166 of the	13416
Revised Code.	13417

(B) The director issues an order terminating the certificate	13418
under section 5123.168 of the Revised Code.	13419

(C) The certificate holder voluntarily surrenders the	13420
certificate to the director.	13421

Sec. 5123.164. Except as provided in section 5123.166 of the	13422
Revised Code, the director of ~~mental retardation and~~ developmental	13423
disabilities shall renew a supported living certificate if the	13424
certificate holder follows the renewal process established in	13425
rules adopted under section 5123.169 of the Revised Code,	13426
continues to meet the applicable certification standards	13427
established in those rules, and pays the renewal fee established	13428
in those rules.	13429

Sec. 5123.166. (A) If good cause exists as specified in	13430
division (B) of this section and determined in accordance with	13431
procedures established in rules adopted under section 5123.169 of	13432
the Revised Code, the director of ~~mental retardation and~~	13433
developmental disabilities may issue an adjudication order	13434
requiring that one of the following actions be taken against a	13435
person or government entity seeking or holding a supported living	13436
certificate:	13437

(1) Refusal to issue or renew a supported living certificate;

13438

(2) Revocation of a supported living certificate;

13439

(3) Suspension of a supported living certificate holder's	13440
authority to do either or both of the following:	13441

(a) Continue to provide supported living to one or more	13442
individuals from one or more counties who receive supported living	13443
from the certificate holder at the time the director takes the	13444
action;	13445

(b) Begin to provide supported living to one or more	13446
individuals from one or more counties who do not receive supported	13447
living from the certificate holder at the time the director takes	13448
the action.	13449

(B) The following constitute good cause for taking action	13450
under division (A) of this section against a person or government	13451
entity seeking or holding a supported living certificate:	13452

(1) The person or government entity's failure to meet or	13453
continue to meet the applicable certification standards	13454
established in rules adopted under section 5123.169 of the Revised	13455
Code;	13456

(2) The person or government entity violates section 5123.165	13457
of the Revised Code;	13458

(3) The person or government entity's failure to satisfy the	13459
requirements of section 5123.52, 5126.28, or 5126.281 of the	13460
Revised Code;	13461

(4) Misfeasance;

13462

(5) Malfeasance;

13463

(6) Nonfeasance;

13464

(7) Confirmed abuse or neglect;

13465

(8) Financial irresponsibility;

13466

(9) Other conduct the director determines is or would be	13467
injurious to individuals who receive or would receive supported	13468
living from the person or government entity.	13469

(C) Except as provided in division (D) of this section, the	13470
director shall issue an adjudication order under division (A) of	13471
this section in accordance with Chapter 119. of the Revised Code.	13472

(D)(1) The director may issue an order requiring that action	13473
specified in division (A)(3) of this section be taken before a	13474
provider is provided notice and an opportunity for a hearing if	13475
all of the following are the case:	13476

(a) The director determines such action is warranted by the	13477
provider's failure to continue to meet the applicable	13478
certification standards;	13479

(b) The director determines that the failure either	13480
represents a pattern of serious noncompliance or creates a	13481
substantial risk to the health or safety of an individual who	13482
receives or would receive supported living from the provider;	13483

(c) If the order will suspend the provider's authority to	13484
continue to provide supported living to an individual who receives	13485
supported living from the provider at the time the director issues	13486
the order, both of the following are the case:	13487

(i) The director makes the individual, or the individual's	13488
guardian, aware of the director's determination under division	13489
(D)(1)(b) of this section and the individual or guardian does not	13490
select another provider.	13491

(ii) A county board of mental retardation and developmental	13492
disabilities has filed a complaint with a probate court under	13493
section 5123.33 of the Revised Code that includes facts describing	13494
the nature of abuse or neglect that the individual has suffered	13495
due to the provider's actions that are the basis for the director	13496
making the determination under division (D)(1)(b) of this section	13497
and the probate court does not issue an order authorizing the	13498
county board to arrange services for the individual pursuant to an	13499
individualized service plan developed for the individual under	13500
section 5123.31 of the Revised Code.	13501

(2) If the director issues an order under division (D)(1) of	13502
this section, sections 119.091 to 119.13 of the Revised Code and	13503
all of the following apply:	13504

(a) The director shall send the provider notice of the order	13505
by registered mail, return receipt requested, not later than	13506
twenty-four hours after issuing the order and shall include in the	13507
notice the reasons for the order, the citation to the law or rule	13508
directly involved, and a statement that the provider will be	13509
afforded a hearing if the provider requests it within ten days of	13510
the time of receiving the notice.	13511

(b) If the provider requests a hearing within the required	13512
time and the provider has provided the director the provider's	13513
current address, the director shall immediately set, and notify	13514
the provider of, the date, time, and place for the hearing.	13515

(c) The date of the hearing shall be not later than thirty	13516
days after the director receives the provider's timely request for	13517
the hearing.	13518

(d) The hearing shall be conducted in accordance with section	13519
119.09 of the Revised Code, except for all of the following:	13520

(i) The hearing shall continue uninterrupted until its close,	13521
except for weekends, legal holidays, and other interruptions the	13522
provider and director agree to.	13523

(ii) If the director appoints a referee or examiner to	13524
conduct the hearing, the referee or examiner, not later than ten	13525
days after the date the referee or examiner receives a transcript	13526
of the testimony and evidence presented at the hearing or, if the	13527
referee or examiner does not receive the transcript or no such	13528
transcript is made, the date that the referee or examiner closes	13529
the record of the hearing, shall submit to the director a written	13530
report setting forth the referee or examiner's findings of fact	13531
and conclusions of law and a recommendation of the action the	13532
director should take.	13533

(iii) The provider may, not later than five days after the	13534
date the director, in accordance with section 119.09 of the	13535
Revised Code, sends the provider or the provider's attorney or	13536
other representative of record a copy of the referee or examiner's	13537
report and recommendation, file with the director written	13538
objections to the report and recommendation.	13539

(iv) The director shall approve, modify, or disapprove the	13540
referee or examiner's report and recommendation not earlier than	13541
six days, and not later than fifteen days, after the date the	13542
director, in accordance with section 119.09 of the Revised Code,	13543
sends a copy of the report and recommendation to the provider or	13544
the provider's attorney or other representative of record.	13545

(3) The director may lift an order issued under division	13546
(D)(1) of this section even though a hearing regarding the order	13547
is occurring or pending if the director determines that the	13548
provider has taken action eliminating the good cause for issuing	13549
the order. The hearing shall proceed unless the provider withdraws	13550
the request for the hearing in a written letter to the director.	13551

(4) The director shall lift an order issued under division	13552
(D)(1) of this section if both of the following are the case:	13553

(a) The provider provides the director a plan of compliance	13554
the director determines is acceptable.	13555

(b) The director determines that the provider has implemented	13556
the plan of compliance correctly.	13557

Sec. 5123.167. If the director of ~~mental retardation and~~	13558
developmental disabilities issues an adjudication order under	13559
section 5123.166 of the Revised Code refusing to issue a supported	13560
living certificate to a person or government entity or to renew a	13561
person or government entity's supported living certificate,	13562
neither the person or government entity nor a related party of the	13563
person or government entity may apply for another supported living	13564
certificate earlier than the date that is one year after the date	13565
the order is issued. If the director issues an adjudication order	13566
under that section revoking a person or government entity's	13567
supported living certificate, neither the person or government	13568
entity nor a related party of the person or government entity may	13569
apply for another supported living certificate earlier than the	13570
date that is five years after the date the order is issued.	13571

Sec. 5123.168. The director of ~~mental retardation and~~	13572
developmental disabilities may issue an adjudication order in	13573
accordance with Chapter 119. of the Revised Code to terminate a	13574
supported living certificate if the certificate holder has not	13575
billed for supported living for twelve consecutive months.	13576

Sec. 5123.169. The director of ~~mental retardation and~~	13577
developmental disabilities shall adopt rules under Chapter 119. of	13578
the Revised Code establishing all of the following:	13579

(A) The extent to which a county board of mental retardation	13580
and developmental disabilities may provide supported living;	13581

(B) The application process for obtaining a supported living	13582
certificate under section 5123.161 of the Revised Code;	13583

(C) The certification standards a person or government entity	13584
must meet to obtain a supported living certificate to provide	13585
supported living;	13586

(D) The certification fee for a supported living certificate,	13587
which shall be deposited into the program fee fund created under	13588
section 5123.033 of the Revised Code;	13589

(E) The period of time a supported living certificate is	13590
valid;	13591

(F) The process for renewing a supported living certificate	13592
under section 5123.164 of the Revised Code;	13593

(G) The renewal fee for a supported living certificate, which	13594
shall be deposited into the program fee fund created under section	13595
5123.033 of the Revised Code;	13596

(H) Procedures for conducting surveys under section 5123.162	13597
of the Revised Code;	13598

(I) Procedures for determining whether there is good cause to	13599
take action under section 5123.166 of the Revised Code against a	13600
person or government entity seeking or holding a supported living	13601
certificate.	13602

Sec. 5123.17. The department of ~~mental retardation and~~	13603
developmental disabilities may provide for the custody,	13604
supervision, control, treatment, and training of persons with	13605
mental retardation or a developmental disability elsewhere than	13606
within the enclosure of an institution under its jurisdiction, if	13607
the department so determines with respect to any individual or	13608
group of individuals. In all such cases, the department shall	13609
ensure adequate and proper supervision for the protection of those	13610
persons and of the public.	13611

Sec. 5123.171. As used in this section, "respite care" means	13612
appropriate, short-term, temporary care provided to a mentally	13613
retarded or developmentally disabled person to sustain the family	13614
structure or to meet planned or emergency needs of the family.	13615

The department of ~~mental retardation and~~ developmental	13616
disabilities shall provide respite care services to persons with	13617
mental retardation or a developmental disability for the purpose	13618
of promoting self-sufficiency and normalization, preventing or	13619
reducing inappropriate institutional care, and furthering the	13620
unity of the family by enabling the family to meet the special	13621
needs of a mentally retarded or developmentally disabled person.	13622

In order to be eligible for respite care services under this	13623
section, the mentally retarded or developmentally disabled person	13624
must be in need of habilitation services as defined in section	13625
5126.01 of the Revised Code.	13626

Respite care may be provided in a facility licensed under	13627
section 5123.19 of the Revised Code or certified as an	13628
intermediate care facility for the mentally retarded under Title	13629
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	13630
301, as amended, or certified as a respite care home under section	13631
5126.05 of the Revised Code.	13632

The department shall develop a system for locating vacant	13633
beds that are available for respite care and for making	13634
information on vacant beds available to users of respite care	13635
services. Facilities certified as intermediate care facilities for	13636
the mentally retarded and facilities holding contracts with the	13637
department for the provision of residential services under section	13638
5123.18 of the Revised Code shall report vacant beds to the	13639
department but shall not be required to accept respite care	13640
clients.	13641

The director of ~~mental retardation and~~ developmental	13642
disabilities shall adopt, and may amend or rescind, rules in	13643
accordance with Chapter 119. of the Revised Code for both of the	13644
following:	13645

(A) Certification by county boards of mental retardation and	13646
developmental disabilities of respite care homes;	13647

(B) Provision of respite care services authorized by this	13648
section. Rules adopted under this division shall establish all of	13649
the following:	13650

(1) A formula for distributing funds appropriated for respite	13651
care services;	13652

(2) Standards for supervision, training and quality control	13653
in the provision of respite care services;	13654

(3) Eligibility criteria for emergency respite care services.

13655

Sec. 5123.172. (A) As used in this section:

13656

(1) "Provider" means any person or government agency that	13657
owns, operates, manages, or is employed or under contract to	13658
operate a residential facility licensed under section 5123.19 of	13659
the Revised Code.	13660

(2) "Related to a provider" means that a person or government	13661
agency is affiliated with a provider, has control over the	13662
provider or is controlled by the provider, or is a member of the	13663
provider's family.	13664

(3) "Member of the provider's family" means the provider's	13665
spouse, natural or adoptive parent, stepparent, natural or	13666
adoptive child, stepchild, sibling, stepsister, stepbrother,	13667
half-brother, half-sister, daughter-in-law, son-in-law,	13668
brother-in-law, sister-in-law, grandparent, or grandchild.	13669

(B) Prior to entering into a contract with the department of	13670
~~mental retardation and~~ developmental disabilities under section	13671
5123.18 of the Revised Code and as required thereafter, every	13672
provider holding or negotiating a contract with the department	13673
shall report upon the request of the department, in the form and	13674
on the schedule established in rules adopted by the department in	13675
accordance with Chapter 119. of the Revised Code, the following	13676
information:	13677

(1) The name and address of every person holding a financial	13678
interest of five per cent or more in the management or operation	13679
of the residential facility;	13680

(2) The names and addresses of members of the board of	13681
trustees or directors of the residential facility or of the	13682
management contractor;	13683

(3) Every contract or business transaction between the	13684
provider and any person or government agency related to the	13685
provider if such contract or transaction would affect rates of	13686
payment under section 5123.18 of the Revised Code.	13687

(C) The department shall make reports filed under division	13688
(B) of this section available to the appropriate county board of	13689
mental retardation and developmental disabilities and any other	13690
appropriate public agencies.	13691

(D) Any provider who fails to comply with reporting	13692
requirements of this section shall be subject to a civil penalty	13693
not to exceed one thousand dollars for each violation and to	13694
possible license revocation.	13695

Sec. 5123.18. (A) As used in this section:

13696

(1) "Contractor" means a person or government agency that	13697
enters into a contract with the department of ~~mental retardation~~	13698
~~and~~ developmental disabilities under this section.	13699

(2) "Government agency" means a state agency as defined in	13700
section 117.01 of the Revised Code or a similar agency of a	13701
political subdivision of the state.	13702

(3) "Residential services" means the services necessary for	13703
an individual with mental retardation or a developmental	13704
disability to live in the community, including room and board,	13705
clothing, transportation, personal care, habilitation,	13706
supervision, and any other services the department considers	13707
necessary for the individual to live in the community.	13708

(B)(1) The department of ~~mental retardation and~~ developmental	13709
disabilities may enter into a contract with a person or government	13710
agency to provide residential services to individuals with mental	13711
retardation or developmental disabilities in need of residential	13712
services. Contracts for residential services shall be of the	13713
following types:	13714

(a) Companion home contracts - contracts under which the	13715
contractor is an individual, the individual is the primary	13716
caregiver, and the individual owns or leases and resides in the	13717
home in which the services are provided.	13718

(b) Agency-operated companion home contracts - contracts	13719
under which the contractor subcontracts, for purposes of	13720
coordinating the provision of residential services, with one or	13721
more individuals who are primary caregivers and own or lease and	13722
reside in the homes in which the services are provided.	13723

(c) Community home contracts - contracts for residential	13724
services under which the contractor owns or operates a home that	13725
is used solely to provide residential services.	13726

(d) Combined agency-operated companion home and community	13727
home contracts.	13728

(2) A companion home contract shall cover not more than one	13729
home. An agency-operated companion home contract or a community	13730
home contract may cover more than one home.	13731

(C) Contracts shall be in writing and shall provide for	13732
payment to be made to the contractor at the times agreed to by the	13733
department and the contractor. Each contract shall specify the	13734
period during which it is valid, the amount to be paid for	13735
residential services, and the number of individuals for whom	13736
payment will be made. Contracts may be renewed.	13737

(D) To be eligible to enter into a contract with the	13738
department under this section, the person or government agency and	13739
the home in which the residential services are provided must meet	13740
all applicable standards for licensing or certification by the	13741
appropriate government agency. In addition, if the residential	13742
facility is operated as a nonprofit entity, the members of the	13743
board of trustees or board of directors of the facility must not	13744
have a financial interest in or receive financial benefit from the	13745
facility, other than reimbursement for actual expenses incurred in	13746
attending board meetings.	13747

(E)(1) The department shall determine the payment amount	13748
assigned to an initial contract. To the extent that the department	13749
determines sufficient funds are available, the payment amount	13750
assigned to an initial contract shall be equal to the average	13751
amount assigned to contracts for other homes that are of the same	13752
type and size and serve individuals with similar needs, except	13753
that if an initial contract is the result of a change of	13754
contractor or ownership, the payment amount assigned to the	13755
contract shall be the lesser of the amount assigned to the	13756
previous contract or the contract's total adjusted predicted	13757
funding need calculated under division (I) of this section.	13758

(2) A renewed contract shall be assigned a payment amount in	13759
accordance with division (K) of this section.	13760

(3) When a contractor relocates a home to another site at	13761
which residential services are provided to the same individuals,	13762
the payment amount assigned to the contract for the new home shall	13763
be the payment amount assigned to the contract at the previous	13764
location.	13765

(F)(1) Annually, a contractor shall complete an assessment of	13766
each individual to whom the contractor provides residential	13767
services to predict the individual's need for routine direct	13768
services staff. The department shall establish by rule adopted in	13769
accordance with Chapter 119. of the Revised Code the assessment	13770
instrument to be used by contractors to make assessments.	13771
Assessments shall be submitted to the department not later than	13772
the thirty-first day of January of each year.	13773

A contractor shall submit a revised assessment for an	13774
individual if there is a substantial, long-term change in the	13775
nature of the individual's needs. A contractor shall submit	13776
revised assessments for all individuals receiving residential	13777
services if there is a change in the composition of the home's	13778
residents.	13779

(2) Annually, a contractor shall submit a cost report to the	13780
department specifying the costs incurred in providing residential	13781
services during the immediately preceding calendar year. Only	13782
costs actually incurred by a contractor shall be reported on a	13783
cost report. Cost reports shall be prepared according to a uniform	13784
chart of accounts approved by the department and shall be	13785
submitted on forms prescribed by the department.	13786

(3) The department shall not renew the contract held by a	13787
contractor who fails to submit the assessments or cost reports	13788
required under this division.	13789

(4) The department shall adopt rules as necessary regarding	13790
the submission of assessments and cost reports under this	13791
division. The rules shall be adopted in accordance with Chapter	13792
119. of the Revised Code.	13793

(G) Prior to renewing a contract entered into under this	13794
section, the department shall compute the contract's total	13795
predicted funding need and total adjusted predicted funding need.	13796
The department shall also compute the contract's unmet funding	13797
need if the payment amount assigned to the contract is less than	13798
the total adjusted predicted funding need. The results of these	13799
calculations shall be used to determine the payment amount	13800
assigned to the renewed contract.	13801

(H)(1) A contract's total predicted funding need is an amount	13802
equal to the sum of the predicted funding needs for the following	13803
cost categories:	13804

(a) Routine direct services staff;

13805

(b) Dietary, program supplies, and specialized staff;

13806

13807

(d) Administration.

13808

(2) Based on the assessments submitted by the contractor, the	13809
department shall compute the contract's predicted funding need for	13810
the routine direct services staff cost category by multiplying the	13811
number of direct services staff predicted to be necessary for the	13812
home by the sum of the following:	13813

(a) Entry level wages paid during the immediately preceding	13814
cost reporting period to comparable staff employed by the county	13815
board of mental retardation and developmental disabilities of the	13816
county in which the home is located;	13817

(b) Fringe benefits and payroll taxes as determined by the	13818
department using state civil service statistics from the same	13819
period as the cost reporting period.	13820

(3) The department shall establish by rule adopted in	13821
accordance with Chapter 119. of the Revised Code the method to be	13822
used to compute the predicted funding need for the dietary,	13823
program supplies, and specialized staff cost category; the	13824
facility and general services cost category; and the	13825
administration cost category. The rules shall not establish a	13826
maximum amount that may be attributed to the dietary, program	13827
supplies, and specialized staff cost category. The rules shall	13828
establish a process for determining the combined maximum amount	13829
that may be attributed to the facility and general services cost	13830
category and the administration cost category.	13831

(I)(1) A contract's total adjusted predicted funding need is	13832
the contract's total predicted funding need with adjustments made	13833
for the following:	13834

(a) Inflation, as provided under division (I)(2) of this	13835
section;	13836

(b) The predicted cost of complying with new requirements	13837
established under federal or state law that were not taken into	13838
consideration when the total predicted funding need was computed;	13839

(c) Changes in needs based on revised assessments submitted	13840
by the contractor.	13841

(2) In adjusting the total predicted funding need for	13842
inflation, the department shall use either the consumer price	13843
index compound annual inflation rate calculated by the United	13844
States department of labor for all items or another index or	13845
measurement of inflation designated in rules that the department	13846
shall adopt in accordance with Chapter 119. of the Revised Code.	13847

When a contract is being renewed for the first time, and the	13848
contract is to begin on the first day of July, the inflation	13849
adjustment applied to the contract's total predicted funding need	13850
shall be the estimated rate of inflation for the calendar year in	13851
which the contract is renewed. If the consumer price index is	13852
being used, the department shall base its estimate on the rate of	13853
inflation calculated for the three-month period ending the	13854
thirty-first day of March of that calendar year. If another index	13855
or measurement is being used, the department shall base its	13856
estimate on the most recent calculations of the rate of inflation	13857
available under the index or measurement. Each year thereafter,	13858
the inflation adjustment shall be estimated in the same manner,	13859
except that if the estimated rate of inflation for a year is	13860
different from the actual rate of inflation for that year, the	13861
difference shall be added to or subtracted from the rate of	13862
inflation estimated for the next succeeding year.	13863

If a contract begins at any time other than July first, the	13864
inflation adjustment applied to the contract's total predicted	13865
funding need shall be determined by a method comparable to that	13866
used for contracts beginning July first. The department shall	13867
adopt rules in accordance with Chapter 119. of the Revised Code	13868
establishing the method to be used.	13869

(J) A contract's unmet funding need is the difference between	13870
the payment amount assigned to the contract and the total adjusted	13871
predicted funding need, if the payment amount assigned is less	13872
than the total adjusted predicted funding need.	13873

(K) The payment amount to be assigned to a contract being	13874
renewed shall be determined by comparing the total adjusted	13875
predicted funding need with the payment amount assigned to the	13876
current contract.	13877

(1) If the payment amount assigned to the current contract	13878
equals or exceeds the total adjusted predicted funding need, the	13879
payment amount assigned to the renewed contract shall be the same	13880
as that assigned to the current contract, unless a reduction is	13881
made pursuant to division (L) of this section.	13882

(2) If the payment amount assigned to the current contract is	13883
less than the total adjusted predicted funding need, the payment	13884
amount assigned to the renewed contract shall be increased if the	13885
department determines that funds are available for such increases.	13886
The amount of a contract's increase shall be the same percentage	13887
of the available funds that the contract's unmet funding need is	13888
of the total of the unmet funding need for all contracts.	13889

(L) When renewing a contract provided for in division (B) of	13890
this section other than a companion home contract, the department	13891
may reduce the payment amount assigned to a renewed contract if	13892
the sum of the contractor's allowable reported costs and the	13893
maximum efficiency incentive is less than ninety-one and one-half	13894
per cent of the amount received pursuant to this section during	13895
the immediately preceding contract year.	13896

The department shall adopt rules in accordance with Chapter	13897
119. of the Revised Code establishing a formula to be used in	13898
computing the maximum efficiency incentive, which shall be at	13899
least four per cent of the weighted average payment amount to be	13900
made to all contractors during the contract year. The maximum	13901
efficiency incentive shall be computed annually.	13902

(M) The department may increase the payment amount assigned	13903
to a contract based on the contract's unmet funding need at times	13904
other than when the contract is renewed. The department may	13905
develop policies for determining priorities in making such	13906
increases.	13907

(N)(1) In addition to the contracts provided for in division	13908
(B) of this section, the department may enter into the following	13909
contracts:	13910

(a) A contract to pay the cost of beginning operation of a	13911
new home that is to be funded under a companion home contract,	13912
agency-operated companion home contract, community home contract,	13913
or combined agency-operated companion home and community home	13914
contract.	13915

(b) A contract to pay the cost associated with increasing the	13916
number of individuals served by a home funded under a companion	13917
home contract, agency-operated companion home contract, community	13918
home contract, or combined agency-operated companion home and	13919
community home contract.	13920

(2) The department shall adopt rules as necessary regarding	13921
contracts entered into under this division. The rules shall be	13922
adopted in accordance with Chapter 119. of the Revised Code.	13923

(O) Except for companion home contracts, the department shall	13924
conduct a reconciliation of the amount earned under a contract and	13925
the actual costs incurred by the contractor. An amount is	13926
considered to have been earned for delivering a service at the	13927
time the service is delivered. The department shall adopt rules in	13928
accordance with Chapter 119. of the Revised Code establishing	13929
procedures for conducting reconciliations.	13930

A reconciliation shall be based on the annual cost report	13931
submitted by the contractor. If a reconciliation reveals that a	13932
contractor owes money to the state, the amount owed shall be	13933
collected in accordance with section 5123.051 of the Revised Code.	13934

When conducting reconciliations, the department shall review	13935
all reported costs that may be affected by transactions required	13936
to be reported under division (B)(3) of section 5123.172 of the	13937
Revised Code. If the department determines that such transactions	13938
have increased the cost reported by a contractor, the department	13939
may disallow or adjust the cost allowable for payment. The	13940
department shall adopt rules in accordance with Chapter 119. of	13941
the Revised Code establishing standards for disallowances or	13942
adjustments.	13943

(P) The department may audit the contracts it enters into	13944
under this section. Audits may be conducted by the department or	13945
an entity with which the department contracts to perform the	13946
audits. The department shall adopt rules in accordance with	13947
Chapter 119. of the Revised Code establishing procedures for	13948
conducting audits.	13949

An audit may include the examination of a contractor's	13950
financial books and records, the costs incurred by a contractor in	13951
providing residential services, and any other relevant information	13952
specified by the department. An audit shall not be commenced more	13953
than four years after the expiration of the contract to be	13954
audited, except in cases where the department has reasonable cause	13955
to believe that a contractor has committed fraud.	13956

If an audit reveals that a contractor owes money to the	13957
state, the amount owed, subject to an adjudication hearing under	13958
this division, shall be collected in accordance with section	13959
5123.051 of the Revised Code. If an audit reveals that a	13960
reconciliation conducted under this section resulted in the	13961
contractor erroneously paying money to the state, the department	13962
shall refund the money to the contractor, or, in lieu of making a	13963
refund, the department may offset the erroneous payment against	13964
any money determined as a result of the audit to be owed by the	13965
contractor to the state. The department is not required to pay	13966
interest on any money refunded under this division.	13967

In conducting audits or making determinations of amounts owed	13968
by a contractor and amounts to be refunded or offset, the	13969
department shall not be bound by the results of reconciliations	13970
conducted under this section, except with regard to cases	13971
involving claims that have been certified pursuant to section	13972
5123.051 of the Revised Code to the attorney general for	13973
collection for which a full and final settlement has been reached	13974
or a final judgment has been made from which all rights of appeal	13975
have expired or been exhausted.	13976

Not later than ninety days after an audit's completion, the	13977
department shall provide the contractor a copy of a report of the	13978
audit. The report shall state the findings of the audit, including	13979
the amount of any money the contractor is determined to owe the	13980
state.	13981

(Q) The department shall adopt rules specifying the amount	13982
that will be allowed under a reconciliation or audit for the cost	13983
incurred by a contractor for compensation of owners,	13984
administrators, and other personnel. The rules shall be adopted in	13985
accordance with Chapter 119. of the Revised Code.	13986

(R) Each contractor shall, for at least seven years, maintain	13987
fiscal records related to payments received pursuant to this	13988
section.	13989

(S) The department may enter into shared funding agreements	13990
with other government agencies to fund contracts entered into	13991
under this section. The amount of each agency's share of the cost	13992
shall be determined through negotiations with the department. The	13993
department's share shall not exceed the amount it would have paid	13994
without entering into the shared funding agreement, nor shall it	13995
be reduced by any amounts contributed by the other parties to the	13996
agreement.	13997

(T) Except as provided in section 5123.194 of the Revised	13998
Code, an individual who receives residential services pursuant to	13999
divisions (A) through (U) of this section and the individual's	14000
liable relatives or guardians shall pay support charges in	14001
accordance with Chapter 5121. of the Revised Code.	14002

(U) The department may make reimbursements or payments for	14003
any of the following pursuant to rules adopted under this	14004
division:	14005

(1) Unanticipated, nonrecurring costs associated with the	14006
health or habilitation of a person who resides in a home funded	14007
under a contract provided for in division (B) of this section;	14008

(2) The cost of staff development training for contractors if	14009
the director of ~~mental retardation and~~ developmental disabilities	14010
has given prior approval for the training;	14011

(3) Fixed costs that the department, pursuant to the rules,	14012
determines relate to the continued operation of a home funded	14013
under a contract provided for in division (B) of this section when	14014
a short term vacancy occurs and the contractor has diligently	14015
attempted to fill the vacancy.	14016

The department shall adopt rules in accordance with Chapter	14017
119. of the Revised Code establishing standards for use in	14018
determining which costs it may make payment or reimbursements for	14019
under this division.	14020

(V) In addition to the rules required or authorized to be	14021
adopted under this section, the department may adopt any other	14022
rules necessary to implement divisions (A) through (U) of this	14023
section. The rules shall be adopted in accordance with Chapter	14024
119. of the Revised Code.	14025

(W) The department may delegate to county boards of mental	14026
retardation and developmental disabilities its authority under	14027
this section to negotiate and enter into contracts or subcontracts	14028
for residential services. In the event that it elects to delegate	14029
its authority, the department shall adopt rules in accordance with	14030
Chapter 119. of the Revised Code for the boards' administration of	14031
the contracts or subcontracts. In administering the contracts or	14032
subcontracts, the boards shall be subject to all applicable	14033
provisions of Chapter 5126. of the Revised Code and shall not be	14034
subject to the provisions of divisions (A) to (V) of this section.	14035

Subject to the department's rules, a board may require the	14036
following to contribute to the cost of the residential services an	14037
individual receives pursuant to this division: the individual or	14038
the individual's estate, the individual's spouse, the individual's	14039
guardian, and, if the individual is under age eighteen, either or	14040
both of the individual's parents. Chapter 5121. of the Revised	14041
Code shall not apply to individuals or entities that are subject	14042
to making contributions under this division. In calculating	14043
contributions to be made under this division, a board, subject to	14044
the department's rules, may allow an amount to be kept for meeting	14045
the personal needs of the individual who receives residential	14046
services.	14047

Sec. 5123.181. The director of ~~mental retardation and~~	14048
developmental disabilities and the director of job and family	14049
services shall, in concert with each other, eliminate all double	14050
billings and double payments for services on behalf of persons	14051
with mental retardation or another developmental disability in	14052
intermediate care facilities. The department of ~~mental retardation~~	14053
~~and~~ developmental disabilities may enter into contracts with	14054
providers of services for the purpose of making payments to the	14055
providers for services rendered to eligible clients who are	14056
persons with mental retardation or a developmental disability over	14057
and above the services authorized and paid under Chapter 5111. of	14058
the Revised Code. Payments authorized under this section and	14059
section 5123.18 of the Revised Code shall not be subject to audit	14060
findings pursuant to Chapter 5111. of the Revised Code, unless an	14061
audit determines that payment was made to the provider for	14062
services that were not rendered in accordance with the provisions	14063
of the provider agreement entered into with the department of job	14064
and family services or the department of ~~mental retardation and~~	14065
developmental disabilities pursuant to this section.	14066

Sec. 5123.19. (A) As used in this section and in sections	14067
5123.191, 5123.194, 5123.196, 5123.198, and 5123.20 of the Revised	14068
Code:	14069

(1)(a) "Residential facility" means a home or facility in	14070
which a mentally retarded or developmentally disabled person	14071
resides, except the home of a relative or legal guardian in which	14072
a mentally retarded or developmentally disabled person resides, a	14073
respite care home certified under section 5126.05 of the Revised	14074
Code, a county home or district home operated pursuant to Chapter	14075
5155. of the Revised Code, or a dwelling in which the only	14076
mentally retarded or developmentally disabled residents are in an	14077
independent living arrangement or are being provided supported	14078
living.	14079

(b) "Intermediate care facility for the mentally retarded"	14080
means a residential facility that is considered an intermediate	14081
care facility for the mentally retarded for the purposes of	14082
Chapter 5111. of the Revised Code.	14083

(2) "Political subdivision" means a municipal corporation,	14084
county, or township.	14085

(3) "Independent living arrangement" means an arrangement in	14086
which a mentally retarded or developmentally disabled person	14087
resides in an individualized setting chosen by the person or the	14088
person's guardian, which is not dedicated principally to the	14089
provision of residential services for mentally retarded or	14090
developmentally disabled persons, and for which no financial	14091
support is received for rendering such service from any	14092
governmental agency by a provider of residential services.	14093

(4) "Licensee" means the person or government agency that has	14094
applied for a license to operate a residential facility and to	14095
which the license was issued under this section.	14096

(5) "Related party" has the same meaning as in section	14097
5123.16 of the Revised Code except that "provider" as used in the	14098
definition of "related party" means a person or government entity	14099
that held or applied for a license to operate a residential	14100
facility, rather than a person or government entity certified to	14101
provide supported living.	14102

(B) Every person or government agency desiring to operate a	14103
residential facility shall apply for licensure of the facility to	14104
the director of ~~mental retardation and~~ developmental disabilities	14105
unless the residential facility is subject to section 3721.02,	14106
3722.04, 5103.03, or 5119.20 of the Revised Code. Notwithstanding	14107
Chapter 3721. of the Revised Code, a nursing home that is	14108
certified as an intermediate care facility for the mentally	14109
retarded under Title XIX of the "Social Security Act," 79 Stat.	14110
286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for	14111
licensure of the portion of the home that is certified as an	14112
intermediate care facility for the mentally retarded.	14113

(C) Subject to section 5123.196 of the Revised Code, the	14114
director of ~~mental retardation and~~ developmental disabilities	14115
shall license the operation of residential facilities. An initial	14116
license shall be issued for a period that does not exceed one	14117
year, unless the director denies the license under division (D) of	14118
this section. A license shall be renewed for a period that does	14119
not exceed three years, unless the director refuses to renew the	14120
license under division (D) of this section. The director, when	14121
issuing or renewing a license, shall specify the period for which	14122
the license is being issued or renewed. A license remains valid	14123
for the length of the licensing period specified by the director,	14124
unless the license is terminated, revoked, or voluntarily	14125
surrendered.	14126

(D) If it is determined that an applicant or licensee is not	14127
in compliance with a provision of this chapter that applies to	14128
residential facilities or the rules adopted under such a	14129
provision, the director may deny issuance of a license, refuse to	14130
renew a license, terminate a license, revoke a license, issue an	14131
order for the suspension of admissions to a facility, issue an	14132
order for the placement of a monitor at a facility, issue an order	14133
for the immediate removal of residents, or take any other action	14134
the director considers necessary consistent with the director's	14135
authority under this chapter regarding residential facilities. In	14136
the director's selection and administration of the sanction to be	14137
imposed, all of the following apply:	14138

(1) The director may deny, refuse to renew, or revoke a	14139
license, if the director determines that the applicant or licensee	14140
has demonstrated a pattern of serious noncompliance or that a	14141
violation creates a substantial risk to the health and safety of	14142
residents of a residential facility.	14143

(2) The director may terminate a license if more than twelve	14144
consecutive months have elapsed since the residential facility was	14145
last occupied by a resident or a notice required by division (K)	14146
of this section is not given.	14147

(3) The director may issue an order for the suspension of	14148
admissions to a facility for any violation that may result in	14149
sanctions under division (D)(1) of this section and for any other	14150
violation specified in rules adopted under division (H)(2) of	14151
this section. If the suspension of admissions is imposed for a	14152
violation that may result in sanctions under division (D)(1) of	14153
this section, the director may impose the suspension before	14154
providing an opportunity for an adjudication under Chapter 119. of	14155
the Revised Code. The director shall lift an order for the	14156
suspension of admissions when the director determines that the	14157
violation that formed the basis for the order has been corrected.	14158

(4) The director may order the placement of a monitor at a	14159
residential facility for any violation specified in rules adopted	14160
under division (H)(2) of this section. The director shall lift the	14161
order when the director determines that the violation that formed	14162
the basis for the order has been corrected.	14163

(5) If the director determines that two or more residential	14164
facilities owned or operated by the same person or government	14165
entity are not being operated in compliance with a provision of	14166
this chapter that applies to residential facilities or the rules	14167
adopted under such a provision, and the director's findings are	14168
based on the same or a substantially similar action, practice,	14169
circumstance, or incident that creates a substantial risk to the	14170
health and safety of the residents, the director shall conduct a	14171
survey as soon as practicable at each residential facility owned	14172
or operated by that person or government entity. The director may	14173
take any action authorized by this section with respect to any	14174
facility found to be operating in violation of a provision of this	14175
chapter that applies to residential facilities or the rules	14176
adopted under such a provision.	14177

(6) When the director initiates license revocation	14178
proceedings, no opportunity for submitting a plan of correction	14179
shall be given. The director shall notify the licensee by letter	14180
of the initiation of the proceedings. The letter shall list the	14181
deficiencies of the residential facility and inform the licensee	14182
that no plan of correction will be accepted. The director shall	14183
also send a copy of the letter to the county board of mental	14184
retardation and developmental disabilities. The county board shall	14185
send a copy of the letter to each of the following:	14186

(a) Each resident who receives services from the licensee;

14187

(b) The guardian of each resident who receives services from	14188
the licensee if the resident has a guardian;	14189

(c) The parent or guardian of each resident who receives	14190
services from the licensee if the resident is a minor.	14191

(7) Pursuant to rules which shall be adopted in accordance	14192
with Chapter 119. of the Revised Code, the director may order the	14193
immediate removal of residents from a residential facility	14194
whenever conditions at the facility present an immediate danger of	14195
physical or psychological harm to the residents.	14196

(8) In determining whether a residential facility is being	14197
operated in compliance with a provision of this chapter that	14198
applies to residential facilities or the rules adopted under such	14199
a provision, or whether conditions at a residential facility	14200
present an immediate danger of physical or psychological harm to	14201
the residents, the director may rely on information obtained by a	14202
county board of mental retardation and developmental disabilities	14203
or other governmental agencies.	14204

(9) In proceedings initiated to deny, refuse to renew, or	14205
revoke licenses, the director may deny, refuse to renew, or revoke	14206
a license regardless of whether some or all of the deficiencies	14207
that prompted the proceedings have been corrected at the time of	14208
the hearing.	14209

(E) The director shall establish a program under which public	14210
notification may be made when the director has initiated license	14211
revocation proceedings or has issued an order for the suspension	14212
of admissions, placement of a monitor, or removal of residents.	14213
The director shall adopt rules in accordance with Chapter 119. of	14214
the Revised Code to implement this division. The rules shall	14215
establish the procedures by which the public notification will be	14216
made and specify the circumstances for which the notification must	14217
be made. The rules shall require that public notification be made	14218
if the director has taken action against the facility in the	14219
eighteen-month period immediately preceding the director's latest	14220
action against the facility and the latest action is being taken	14221
for the same or a substantially similar violation of a provision	14222
of this chapter that applies to residential facilities or the	14223
rules adopted under such a provision. The rules shall specify a	14224
method for removing or amending the public notification if the	14225
director's action is found to have been unjustified or the	14226
violation at the residential facility has been corrected.	14227

(F)(1) Except as provided in division (F)(2) of this section,	14228
appeals from proceedings initiated to impose a sanction under	14229
division (D) of this section shall be conducted in accordance with	14230
Chapter 119. of the Revised Code.	14231

(2) Appeals from proceedings initiated to order the	14232
suspension of admissions to a facility shall be conducted in	14233
accordance with Chapter 119. of the Revised Code, unless the order	14234
was issued before providing an opportunity for an adjudication, in	14235
which case all of the following apply:	14236

(a) The licensee may request a hearing not later than ten	14237
days after receiving the notice specified in section 119.07 of the	14238
Revised Code.	14239

(b) If a timely request for a hearing that includes the	14240
licensee's current address is made, the hearing shall commence not	14241
later than thirty days after the department receives the request.	14242

(c) After commencing, the hearing shall continue	14243
uninterrupted, except for Saturdays, Sundays, and legal holidays,	14244
unless other interruptions are agreed to by the licensee and the	14245
director.	14246

(d) If the hearing is conducted by a hearing examiner, the	14247
hearing examiner shall file a report and recommendations not later	14248
than ten days after the last of the following:	14249

(i) The close of the hearing;

14250

(ii) If a transcript of the proceedings is ordered, the	14251
hearing examiner receives the transcript;	14252

(iii) If post-hearing briefs are timely filed, the hearing	14253
examiner receives the briefs.	14254

(e) A copy of the written report and recommendation of the	14255
hearing examiner shall be sent, by certified mail, to the licensee	14256
and the licensee's attorney, if applicable, not later than five	14257
days after the report is filed.	14258

(f) Not later than five days after the hearing examiner files	14259
the report and recommendations, the licensee may file objections	14260
to the report and recommendations.	14261

(g) Not later than fifteen days after the hearing examiner	14262
files the report and recommendations, the director shall issue an	14263
order approving, modifying, or disapproving the report and	14264
recommendations.	14265

(h) Notwithstanding the pendency of the hearing, the director	14266
shall lift the order for the suspension of admissions when the	14267
director determines that the violation that formed the basis for	14268
the order has been corrected.	14269

(G) Neither a person or government agency whose application	14270
for a license to operate a residential facility is denied nor a	14271
related party of the person or government agency may apply for a	14272
license to operate a residential facility before the date that is	14273
one year after the date of the denial. Neither a licensee whose	14274
residential facility license is revoked nor a related party of the	14275
licensee may apply for a residential facility license before the	14276
date that is five years after the date of the revocation.	14277

(H) In accordance with Chapter 119. of the Revised Code, the	14278
director shall adopt and may amend and rescind rules for licensing	14279
and regulating the operation of residential facilities, including	14280
intermediate care facilities for the mentally retarded. The rules	14281
for intermediate care facilities for the mentally retarded may	14282
differ from those for other residential facilities. The rules	14283
shall establish and specify the following:	14284

(1) Procedures and criteria for issuing and renewing	14285
licenses, including procedures and criteria for determining the	14286
length of the licensing period that the director must specify for	14287
each license when it is issued or renewed;	14288

(2) Procedures and criteria for denying, refusing to renew,	14289
terminating, and revoking licenses and for ordering the suspension	14290
of admissions to a facility, placement of a monitor at a facility,	14291
and the immediate removal of residents from a facility;	14292

(3) Fees for issuing and renewing licenses, which shall be	14293
deposited into the program fee fund created under section 5123.033	14294
of the Revised Code;	14295

(4) Procedures for surveying residential facilities;

14296

(5) Requirements for the training of residential facility	14297
personnel;	14298

(6) Classifications for the various types of residential	14299
facilities;	14300

(7) Certification procedures for licensees and management	14301
contractors that the director determines are necessary to ensure	14302
that they have the skills and qualifications to properly operate	14303
or manage residential facilities;	14304

(8) The maximum number of persons who may be served in a	14305
particular type of residential facility;	14306

(9) Uniform procedures for admission of persons to and	14307
transfers and discharges of persons from residential facilities;	14308

(10) Other standards for the operation of residential	14309
facilities and the services provided at residential facilities;	14310

(11) Procedures for waiving any provision of any rule adopted	14311
under this section.	14312

(I) Before issuing a license, the director of the department	14313
or the director's designee shall conduct a survey of the	14314
residential facility for which application is made. The director	14315
or the director's designee shall conduct a survey of each	14316
licensed residential facility at least once during the period the	14317
license is valid and may conduct additional inspections as needed.	14318
A survey includes but is not limited to an on-site examination and	14319
evaluation of the residential facility, its personnel, and the	14320
services provided there.	14321

In conducting surveys, the director or the director's	14322
designee shall be given access to the residential facility; all	14323
records, accounts, and any other documents related to the	14324
operation of the facility; the licensee; the residents of the	14325
facility; and all persons acting on behalf of, under the control	14326
of, or in connection with the licensee. The licensee and all	14327
persons on behalf of, under the control of, or in connection with	14328
the licensee shall cooperate with the director or the director's	14329
designee in conducting the survey.	14330

Following each survey, unless the director initiates a	14331
license revocation proceeding, the director or the director's	14332
designee shall provide the licensee with a report listing any	14333
deficiencies, specifying a timetable within which the licensee	14334
shall submit a plan of correction describing how the deficiencies	14335
will be corrected, and, when appropriate, specifying a timetable	14336
within which the licensee must correct the deficiencies. After a	14337
plan of correction is submitted, the director or the director's	14338
designee shall approve or disapprove the plan. A copy of the	14339
report and any approved plan of correction shall be provided to	14340
any person who requests it.	14341

The director shall initiate disciplinary action against any	14342
department employee who notifies or causes the notification to any	14343
unauthorized person of an unannounced survey of a residential	14344
facility by an authorized representative of the department.	14345

(J) In addition to any other information which may be	14346
required of applicants for a license pursuant to this section, the	14347
director shall require each applicant to provide a copy of an	14348
approved plan for a proposed residential facility pursuant to	14349
section 5123.042 of the Revised Code. This division does not apply	14350
to renewal of a license.	14351

(K) A licensee shall notify the owner of the building in	14352
which the licensee's residential facility is located of any	14353
significant change in the identity of the licensee or management	14354
contractor before the effective date of the change if the licensee	14355
is not the owner of the building.	14356

Pursuant to rules which shall be adopted in accordance with	14357
Chapter 119. of the Revised Code, the director may require	14358
notification to the department of any significant change in the	14359
ownership of a residential facility or in the identity of the	14360
licensee or management contractor. If the director determines that	14361
a significant change of ownership is proposed, the director shall	14362
consider the proposed change to be an application for development	14363
by a new operator pursuant to section 5123.042 of the Revised Code	14364
and shall advise the applicant within sixty days of the	14365
notification that the current license shall continue in effect or	14366
a new license will be required pursuant to this section. If the	14367
director requires a new license, the director shall permit the	14368
facility to continue to operate under the current license until	14369
the new license is issued, unless the current license is revoked,	14370
refused to be renewed, or terminated in accordance with Chapter	14371
119. of the Revised Code.	14372

(L) A county board of mental retardation and developmental	14373
disabilities, the legal rights service, and any interested person	14374
may file complaints alleging violations of statute or department	14375
rule relating to residential facilities with the department. All	14376
complaints shall be in writing and shall state the facts	14377
constituting the basis of the allegation. The department shall not	14378
reveal the source of any complaint unless the complainant agrees	14379
in writing to waive the right to confidentiality or until so	14380
ordered by a court of competent jurisdiction.	14381

The department shall adopt rules in accordance with Chapter	14382
119. of the Revised Code establishing procedures for the receipt,	14383
referral, investigation, and disposition of complaints filed with	14384
the department under this division.	14385

(M) The department shall establish procedures for the	14386
notification of interested parties of the transfer or interim care	14387
of residents from residential facilities that are closing or are	14388
losing their license.	14389

(N) Before issuing a license under this section to a	14390
residential facility that will accommodate at any time more than	14391
one mentally retarded or developmentally disabled individual, the	14392
director shall, by first class mail, notify the following:	14393

(1) If the facility will be located in a municipal	14394
corporation, the clerk of the legislative authority of the	14395
municipal corporation;	14396

(2) If the facility will be located in unincorporated	14397
territory, the clerk of the appropriate board of county	14398
commissioners and the fiscal officer of the appropriate board of	14399
township trustees.	14400

The director shall not issue the license for ten days after	14401
mailing the notice, excluding Saturdays, Sundays, and legal	14402
holidays, in order to give the notified local officials time in	14403
which to comment on the proposed issuance.	14404

Any legislative authority of a municipal corporation, board	14405
of county commissioners, or board of township trustees that	14406
receives notice under this division of the proposed issuance of a	14407
license for a residential facility may comment on it in writing to	14408
the director within ten days after the director mailed the notice,	14409
excluding Saturdays, Sundays, and legal holidays. If the director	14410
receives written comments from any notified officials within the	14411
specified time, the director shall make written findings	14412
concerning the comments and the director's decision on the	14413
issuance of the license. If the director does not receive written	14414
comments from any notified local officials within the specified	14415
time, the director shall continue the process for issuance of the	14416
license.	14417

(O) Any person may operate a licensed residential facility	14418
that provides room and board, personal care, habilitation	14419
services, and supervision in a family setting for at least six but	14420
not more than eight persons with mental retardation or a	14421
developmental disability as a permitted use in any residential	14422
district or zone, including any single-family residential district	14423
or zone, of any political subdivision. These residential	14424
facilities may be required to comply with area, height, yard, and	14425
architectural compatibility requirements that are uniformly	14426
imposed upon all single-family residences within the district or	14427
zone.	14428

(P) Any person may operate a licensed residential facility	14429
that provides room and board, personal care, habilitation	14430
services, and supervision in a family setting for at least nine	14431
but not more than sixteen persons with mental retardation or a	14432
developmental disability as a permitted use in any multiple-family	14433
residential district or zone of any political subdivision, except	14434
that a political subdivision that has enacted a zoning ordinance	14435
or resolution establishing planned unit development districts may	14436
exclude these residential facilities from those districts, and a	14437
political subdivision that has enacted a zoning ordinance or	14438
resolution may regulate these residential facilities in	14439
multiple-family residential districts or zones as a conditionally	14440
permitted use or special exception, in either case, under	14441
reasonable and specific standards and conditions set out in the	14442
zoning ordinance or resolution to:	14443

(1) Require the architectural design and site layout of the	14444
residential facility and the location, nature, and height of any	14445
walls, screens, and fences to be compatible with adjoining land	14446
uses and the residential character of the neighborhood;	14447

(2) Require compliance with yard, parking, and sign	14448
regulation;	14449

(3) Limit excessive concentration of these residential	14450
facilities.	14451

(Q) This section does not prohibit a political subdivision	14452
from applying to residential facilities nondiscriminatory	14453
regulations requiring compliance with health, fire, and safety	14454
regulations and building standards and regulations.	14455

(R) Divisions (O) and (P) of this section are not applicable	14456
to municipal corporations that had in effect on June 15, 1977, an	14457
ordinance specifically permitting in residential zones licensed	14458
residential facilities by means of permitted uses, conditional	14459
uses, or special exception, so long as such ordinance remains in	14460
effect without any substantive modification.	14461

(S)(1) The director may issue an interim license to operate a	14462
residential facility to an applicant for a license under this	14463
section if either of the following is the case:	14464

(a) The director determines that an emergency exists	14465
requiring immediate placement of persons in a residential	14466
facility, that insufficient licensed beds are available, and that	14467
the residential facility is likely to receive a permanent license	14468
under this section within thirty days after issuance of the	14469
interim license.	14470

(b) The director determines that the issuance of an interim	14471
license is necessary to meet a temporary need for a residential	14472
facility.	14473

(2) To be eligible to receive an interim license, an	14474
applicant must meet the same criteria that must be met to receive	14475
a permanent license under this section, except for any differing	14476
procedures and time frames that may apply to issuance of a	14477
permanent license.	14478

(3) An interim license shall be valid for thirty days and may	14479
be renewed by the director for a period not to exceed one hundred	14480
fifty days.	14481

(4) The director shall adopt rules in accordance with Chapter	14482
119. of the Revised Code as the director considers necessary to	14483
administer the issuance of interim licenses.	14484

(T) Notwithstanding rules adopted pursuant to this section	14485
establishing the maximum number of persons who may be served in a	14486
particular type of residential facility, a residential facility	14487
shall be permitted to serve the same number of persons being	14488
served by the facility on the effective date of the rules or the	14489
number of persons for which the facility is authorized pursuant to	14490
a current application for a certificate of need with a letter of	14491
support from the department of ~~mental retardation and~~	14492
developmental disabilities and which is in the review process	14493
prior to April 4, 1986.	14494

(U) The director or the director's designee may enter at any	14495
time, for purposes of investigation, any home, facility, or other	14496
structure that has been reported to the director or that the	14497
director has reasonable cause to believe is being operated as a	14498
residential facility without a license issued under this section.	14499

The director may petition the court of common pleas of the	14500
county in which an unlicensed residential facility is located for	14501
an order enjoining the person or governmental agency operating the	14502
facility from continuing to operate without a license. The court	14503
may grant the injunction on a showing that the person or	14504
governmental agency named in the petition is operating a	14505
residential facility without a license. The court may grant the	14506
injunction, regardless of whether the residential facility meets	14507
the requirements for receiving a license under this section.	14508

Sec. 5123.191. (A) The court of common pleas or a judge	14509
thereof in the judge's county, or the probate court, may appoint a	14510
receiver to take possession of and operate a residential facility	14511
licensed by the department of ~~mental retardation and~~ developmental	14512
disabilities, in causes pending in such courts respectively, when	14513
conditions existing at the facility present a substantial risk of	14514
physical or mental harm to residents and no other remedies at law	14515
are adequate to protect the health, safety, and welfare of the	14516
residents. Conditions at the facility that may present such risk	14517
of harm include, but are not limited to, instances when any of the	14518
following occur:	14519

(1) The residential facility is in violation of state or	14520
federal law or regulations.	14521

(2) The facility has had its license revoked or procedures	14522
for revocation have been initiated, or the facility is closing or	14523
intends to cease operations.	14524

(3) Arrangements for relocating residents need to be made.

14525

(4) Insolvency of the operator, licensee, or landowner	14526
threatens the operation of the facility.	14527

(5) The facility or operator has demonstrated a pattern and	14528
practice of repeated violations of state or federal laws or	14529
regulations.	14530

(B) A court in which a petition is filed pursuant to this	14531
section shall notify the person holding the license for the	14532
facility and the department of ~~mental retardation and~~	14533
developmental disabilities of the filing. The court shall order	14534
the department to notify the legal rights service, facility owner,	14535
facility operator, county board of mental retardation and	14536
developmental disabilities, facility residents, and residents'	14537
parents and guardians of the filing of the petition.	14538

The court shall provide a hearing on the petition within five	14539
court days of the time it was filed, except that the court may	14540
appoint a receiver prior to that time if it determines that the	14541
circumstances necessitate such action. Following a hearing on the	14542
petition, and upon a determination that the appointment of a	14543
receiver is warranted, the court shall appoint a receiver and	14544
notify the department of ~~mental retardation and~~ developmental	14545
disabilities and appropriate persons of this action.	14546

(C) A residential facility for which a receiver has been	14547
named is deemed to be in compliance with section 5123.19 and	14548
Chapter 3721. of the Revised Code for the duration of the	14549
receivership.	14550

(D) When the operating revenue of a residential facility in	14551
receivership is insufficient to meet its operating expenses,	14552
including the cost of bringing the facility into compliance with	14553
state or federal laws or regulations, the court may order the	14554
state to provide necessary funding, except as provided in division	14555
(K) of this section. The state shall provide such funding, subject	14556
to the approval of the controlling board. The court may also order	14557
the appropriate authorities to expedite all inspections necessary	14558
for the issuance of licenses or the certification of a facility,	14559
and order a facility to be closed if it determines that reasonable	14560
efforts cannot bring the facility into substantial compliance with	14561
the law.	14562

(E) In establishing a receivership, the court shall set forth	14563
the powers and duties of the receiver. The court may generally	14564
authorize the receiver to do all that is prudent and necessary to	14565
safely and efficiently operate the residential facility within the	14566
requirements of state and federal law, but shall require the	14567
receiver to obtain court approval prior to making any single	14568
expenditure of more than five thousand dollars to correct	14569
deficiencies in the structure or furnishings of a facility. The	14570
court shall closely review the conduct of the receiver it has	14571
appointed and shall require regular and detailed reports. The	14572
receivership shall be reviewed at least every sixty days.	14573

(F) A receivership established pursuant to this section shall	14574
be terminated, following notification of the appropriate parties	14575
and a hearing, if the court determines either of the following:	14576

(1) The residential facility has been closed and the former	14577
residents have been relocated to an appropriate facility.	14578

(2) Circumstances no longer exist at the facility that	14579
present a substantial risk of physical or mental harm to	14580
residents, and there is no deficiency in the facility that is	14581
likely to create a future risk of harm.	14582

Notwithstanding division (F)(2) of this section, the court	14583
shall not terminate a receivership for a residential facility that	14584
has previously operated under another receivership unless the	14585
responsibility for the operation of the facility is transferred to	14586
an operator approved by the court and the department of ~~mental~~	14587
~~retardation and~~ developmental disabilities.	14588

(G) The department of ~~mental retardation and~~ developmental	14589
disabilities may, upon its own initiative or at the request of an	14590
owner, operator, or resident of a residential facility, or at the	14591
request of a resident's guardian or relative, a county board of	14592
mental retardation and developmental disabilities, or the legal	14593
rights service, petition the court to appoint a receiver to take	14594
possession of and operate a residential facility. When the	14595
department has been requested to file a petition by any of the	14596
parties listed above, it shall, within forty-eight hours of such	14597
request, either file such a petition or notify the requesting	14598
party of its decision not to file. If the department refuses to	14599
file, the requesting party may file a petition with the court	14600
requesting the appointment of a receiver to take possession of and	14601
operate a residential facility.	14602

Petitions filed pursuant to this division shall include the	14603
following:	14604

(1) A description of the specific conditions existing at the	14605
facility which present a substantial risk of physical or mental	14606
harm to residents;	14607

(2) A statement of the absence of other adequate remedies at	14608
law;	14609

(3) The number of individuals residing at the facility;

14610

(4) A statement that the facts have been brought to the	14611
attention of the owner or licensee and that conditions have not	14612
been remedied within a reasonable period of time or that the	14613
conditions, though remedied periodically, habitually exist at the	14614
facility as a pattern or practice;	14615

(5) The name and address of the person holding the license	14616
for the facility and the address of the department of ~~mental~~	14617
~~retardation and~~ developmental disabilities.	14618

The court may award to an operator appropriate costs and	14619
expenses, including reasonable attorney's fees, if it determines	14620
that a petitioner has initiated a proceeding in bad faith or	14621
merely for the purpose of harassing or embarrassing the operator.	14622

(H) Except for the department of ~~mental retardation and~~	14623
developmental disabilities or a county board of mental retardation	14624
and developmental disabilities, no party or person interested in	14625
an action shall be appointed a receiver pursuant to this section.	14626

To assist the court in identifying persons qualified to be	14627
named as receivers, the director of ~~mental retardation and~~	14628
developmental disabilities or the director's designee shall	14629
maintain a list of the names of such persons. The director shall,	14630
in accordance with Chapter 119. of the Revised Code, establish	14631
standards for evaluating persons desiring to be included on such a	14632
list.	14633

(I) Before a receiver enters upon the duties of that person,	14634
the receiver must be sworn to perform the duties of receiver	14635
faithfully, and, with surety approved by the court, judge, or	14636
clerk, execute a bond to such person, and in such sum as the court	14637
or judge directs, to the effect that such receiver will faithfully	14638
discharge the duties of receiver in the action, and obey the	14639
orders of the court therein.	14640

(J) Under the control of the appointing court, a receiver	14641
may bring and defend actions in the receiver's own name as	14642
receiver and take and keep possession of property.	14643

The court shall authorize the receiver to do the following:

14644

(1) Collect payment for all goods and services provided to	14645
the residents or others during the period of the receivership at	14646
the same rate as was charged by the licensee at the time the	14647
petition for receivership was filed, unless a different rate is	14648
set by the court;	14649

(2) Honor all leases, mortgages, and secured transactions	14650
governing all buildings, goods, and fixtures of which the receiver	14651
has taken possession and continues to use, subject to the	14652
following conditions:	14653

(a) In the case of a rental agreement, only to the extent of	14654
payments that are for the use of the property during the period of	14655
the receivership;	14656

(b) In the case of a purchase agreement only to the extent of	14657
payments that come due during the period of the receivership;	14658

(c) If the court determines that the cost of the lease,	14659
mortgage, or secured transaction was increased by a transaction	14660
required to be reported under division (B)(3) of section 5123.172	14661
of the Revised Code, only to the extent determined by the court to	14662
be the fair market value for use of the property during the period	14663
of the receivership.	14664

(3) If transfer of residents is necessary, provide for the	14665
orderly transfer of residents by doing the following:	14666

(a) Cooperating with all appropriate state and local agencies	14667
in carrying out the transfer of residents to alternative community	14668
placements;	14669

(b) Providing for the transportation of residents' belongings	14670
and records;	14671

(c) Helping to locate alternative placements and develop	14672
discharge plans;	14673

(d) Preparing residents for the trauma of discharge;

14674

(e) Permitting residents or guardians to participate in	14675
transfer or discharge planning except when an emergency exists and	14676
immediate transfer is necessary.	14677

(4) Make periodic reports on the status of the residential	14678
program to the appropriate state agency, county board of mental	14679
retardation and developmental disabilities, parents, guardians,	14680
and residents;	14681

(5) Compromise demands or claims;

14682

(6) Generally do such acts respecting the residential	14683
facility as the court authorizes.	14684

(K) Neither the receiver nor the department of ~~mental~~	14685
~~retardation and~~ developmental disabilities is liable for debts	14686
incurred by the owner or operator of a residential facility for	14687
which a receiver has been appointed.	14688

(L) The department of ~~mental retardation and~~ developmental	14689
disabilities may contract for the operation of a residential	14690
facility in receivership. The department shall establish the	14691
conditions of a contract. A condition may be the same as, similar	14692
to, or different from a condition established by section 5123.18	14693
of the Revised Code and the rules adopted under that section for a	14694
contract entered into under that section. Notwithstanding any	14695
other provision of law, contracts that are necessary to carry out	14696
the powers and duties of the receiver need not be competitively	14697
bid.	14698

(M) The department of ~~mental retardation and~~ developmental	14699
disabilities, the department of job and family services, and the	14700
department of health shall provide technical assistance to any	14701
receiver appointed pursuant to this section.	14702

Sec. 5123.194. In the case of an individual who resides in a	14703
residential facility and is preparing to move into an independent	14704
living arrangement and the individual's liable relative, the	14705
department of ~~mental retardation and~~ developmental disabilities	14706
may waive the support collection requirements of sections 5121.04,	14707
5123.122, and 5123.18 of the Revised Code for the purpose of	14708
allowing income or resources to be used to acquire items necessary	14709
for independent living. The department shall adopt rules in	14710
accordance with section 111.15 of the Revised Code to implement	14711
this section, including rules that establish the method the	14712
department shall use to determine when an individual is preparing	14713
to move into an independent living arrangement.	14714

Sec. 5123.195. (A) Not later than sixty days after the end of	14715
calendar years 2003, 2004, and 2005, the director of ~~mental~~	14716
~~retardation and~~ developmental disabilities shall submit a report	14717
to the president and minority leader of the senate and speaker and	14718
minority leader of the house of representatives regarding the	14719
implementation of section 5123.19 of the Revised Code since ~~the~~	14720
~~effective date of this section~~March 31, 2003. The director shall	14721
include in the report all of the following information:	14722

(1) A summary of any rules adopted under that section to	14723
implement the amendments to that section that go into effect on	14724
~~the effective date of this section~~March 31, 2003;	14725

(2) The number of residential facility licenses issued,	14726
renewed, and denied under that section since the effective date of	14727
the amendments to section 5123.19 of the Revised Code that go into	14728
effect on ~~the effective date of this section~~March 31, 2003 or, in	14729
the case of the reports due in 2005 and 2006, since the previous	14730
report was submitted;	14731

(3) The length of time for which residential facility	14732
licenses are issued and renewed under that section;	14733

(4) The sanctions imposed pursuant to division (D) of section	14734
5123.19 of the Revised Code and the kinds of violations that cause	14735
the sanctions;	14736

(5) Any other information the director determines is	14737
important to the implementation of the amendments to section	14738
5123.19 of the Revised Code that go into effect on ~~the effective~~	14739
~~date of this section~~March 31, 2003.	14740

(B) On submission of the report under division (A) of this	14741
section, the director shall inform each member of the general	14742
assembly that the report is available.	14743

Sec. 5123.196. (A) Except as provided in division (E) of	14744
this section, the director of ~~mental retardation and~~	14745
developmental disabilities shall not issue a license under	14746
section 5123.19 of the Revised Code on or after July 1, 2003, if	14747
issuance will result in there being more beds in all residential	14748
facilities licensed under that section than is permitted under	14749
division (B) of this section.	14750

(B) The maximum number of beds for the purpose of division	14751
(A) of this section shall not exceed ten thousand eight hundred	14752
thirty-eight minus, except as provided in division (C) of this	14753
section, both of the following:	14754

(1) The number of such beds that cease to be residential	14755
facility beds on or after July 1, 2003, because a residential	14756
facility license is revoked, terminated, or not renewed for any	14757
reason or is surrendered in accordance with section 5123.19 of the	14758
Revised Code;	14759

(2) The number of such beds for which a licensee voluntarily	14760
converts to use for supported living on or after July 1, 2003.	14761

(C) The director is not required to reduce the maximum number	14762
of beds pursuant to division (B) of this section by a bed that	14763
ceases to be a residential facility bed if the director determines	14764
that the bed is needed to provide services to an individual with	14765
mental retardation or a developmental disability who resided in	14766
the residential facility in which the bed was located.	14767

(D) The director shall maintain an up-to-date written record	14768
of the maximum number of residential facility beds provided for by	14769
division (B) of this section.	14770

(E) The director may issue an interim license under division	14771
(S) of section 5123.19 of the Revised Code and issue, pursuant	14772
to rules adopted under division (H)(11) of that section, a	14773
waiver allowing a residential facility to admit more residents	14774
than the facility is licensed to admit regardless of whether the	14775
interim license or waiver will result in there being more beds	14776
in all residential facilities licensed under that section than	14777
is permitted under division (B) of this section.	14778

Sec. 5123.198. (A) As used in this section, "date of the	14779
commitment" means the date that an individual specified in	14780
division (B) of this section begins to reside in a state-operated	14781
intermediate care facility for the mentally retarded after being	14782
committed to the facility pursuant to sections 5123.71 to 5123.76	14783
of the Revised Code.	14784

(B) Except as provided in division (C) of this section,	14785
whenever a resident of a residential facility is committed to a	14786
state-operated intermediate care facility for the mentally	14787
retarded pursuant to sections 5123.71 to 5123.76 of the Revised	14788
Code, the department of ~~mental retardation and~~ developmental	14789
disabilities, pursuant to an adjudication order issued in	14790
accordance with Chapter 119. of the Revised Code, shall reduce by	14791
one the number of residents for which the facility in which the	14792
resident resided is licensed.	14793

(C) The department shall not reduce under division (B) of	14794
this section the number of residents for which a residential	14795
facility is licensed if any of the following are the case:	14796

(1) The resident of the residential facility who is committed	14797
to a state-operated intermediate care facility for the mentally	14798
retarded resided in the residential facility because of the	14799
closure, on or after June 26, 2003, of another state-operated	14800
intermediate care facility for the mentally retarded;	14801

(2) The residential facility admits within ninety days of the	14802
date of the commitment an individual who resides on the date of	14803
the commitment in a state-operated intermediate care facility for	14804
the mentally retarded or another residential facility;	14805

(3) The department fails to do either of the following within	14806
ninety days of the date of the commitment:	14807

(a) Identify an individual to whom all of the following	14808
applies:	14809

(i) Resides on the date of the commitment in a state-operated	14810
intermediate care facility for the mentally retarded or another	14811
residential facility;	14812

(ii) Has indicated to the department an interest in	14813
relocating to the residential facility or has a parent or guardian	14814
who has indicated to the department an interest for the individual	14815
to relocate to the residential facility;	14816

(iii) The department determines the individual has needs that	14817
the residential facility can meet.	14818

(b) Provide the residential facility with information about	14819
the individual identified under division (C)(2)(a) of this section	14820
that the residential facility needs in order to determine whether	14821
the facility can meet the individual's needs.	14822

(4) If the department completes the actions specified in	14823
divisions (C)(3)(a) and (b) of this section not later than ninety	14824
days after the date of the commitment and except as provided in	14825
division (D) of this section, the residential facility does all of	14826
the following not later than ninety days after the date of the	14827
commitment:	14828

(a) Evaluates the information provided by the department;

14829

(b) Assesses the identified individual's needs;

14830

(c) Determines that the residential facility cannot meet the	14831
identified individual's needs.	14832

(5) If the department completes the actions specified in	14833
divisions (C)(3)(a) and (b) of this section not later than ninety	14834
days after the date of the commitment and the residential facility	14835
determines that the residential facility can meet the identified	14836
individual's needs, the individual, or a parent or guardian of the	14837
individual, refuses placement in the residential facility.	14838

(D) The department may reduce under division (B) of this	14839
section the number of residents for which a residential facility	14840
is licensed even though the residential facility completes the	14841
actions specified in division (C)(4) of this section not later	14842
than ninety days after the date of the commitment if all of the	14843
following are the case:	14844

(1) The department disagrees with the residential facility's	14845
determination that the residential facility cannot meet the	14846
identified individual's needs.	14847

(2) The department issues a written decision pursuant to the	14848
uniform procedures for admissions, transfers, and discharges	14849
established by rules adopted under division (H)(9) of section	14850
5123.19 of the Revised Code that the residential facility should	14851
admit the identified individual.	14852

(3) After the department issues the written decision	14853
specified in division (D)(2) of this section, the residential	14854
facility refuses to admit the identified individual.	14855

(E) A residential facility that admits, refuses to admit,	14856
transfers, or discharges a resident under this section shall	14857
comply with the uniform procedures for admissions, transfers, and	14858
discharges established by rules adopted under division (H)(9) of	14859
section 5123.19 of the Revised Code.	14860

(F) The department of ~~mental retardation and~~ developmental	14861
disabilities may notify the department of job and family services	14862
of any reduction under this section in the number of residents for	14863
which a residential facility that is an intermediate care facility	14864
for the mentally retarded is licensed. On receiving the notice,	14865
the department of job and family services may transfer to the	14866
department of ~~mental retardation and~~ developmental disabilities	14867
the savings in the nonfederal share of medicaid expenditures for	14868
each fiscal year after the year of the commitment to be used for	14869
costs of the resident's care in the state-operated intermediate	14870
care facility for the mentally retarded. In determining the amount	14871
saved, the department of job and family services shall consider	14872
medicaid payments for the remaining residents of the facility in	14873
which the resident resided.	14874

Sec. 5123.21. The director of ~~mental retardation and~~	14875
developmental disabilities or the director's designee may transfer	14876
or authorize the transfer of an involuntary resident or a	14877
consenting voluntary resident from one public institution to	14878
another or to an institution other than a public institution or	14879
other facility, if the director determines that it would be	14880
consistent with the habilitation needs of the resident to do so.	14881

Before an involuntary resident may be transferred to a more	14882
restrictive setting, the managing officer of the institution shall	14883
file a motion with the court requesting the court to amend its	14884
order of placement issued under section 5123.76 of the Revised	14885
Code. At the resident's request, the court shall hold a hearing on	14886
the motion at which the resident has the same rights as at a full	14887
hearing under section 5123.76 of the Revised Code.	14888

Whenever a resident is transferred, the director shall give	14889
written notice of the transfer to the resident's legal guardian,	14890
parents, spouse, and counsel, or, if none is known, to the	14891
resident's nearest known relative or friend. If the resident is a	14892
minor, the department before making such a transfer shall make a	14893
minute of the order for the transfer and the reason for it upon	14894
its record and shall send a certified copy at least seven days	14895
prior to the transfer to the person shown by its record to have	14896
had the care or custody of the minor immediately prior to the	14897
minor's commitment. Whenever a consenting voluntary resident is	14898
transferred, the notification shall be given only at the	14899
resident's request. The managing officer shall advise a voluntary	14900
resident who is being transferred that the patient may decide if	14901
such a notification shall be given. In all such transfers, due	14902
consideration shall be given to the relationship of the resident	14903
to the resident's family, legal guardian, or friends, so as to	14904
maintain relationships and encourage visits beneficial to the	14905
resident.	14906

Sec. 5123.211. (A) As used in this section, "residential	14907
services" has the same meaning as in section 5126.01 of the	14908
Revised Code.	14909

(B) The department of ~~mental retardation and~~ developmental	14910
disabilities shall provide or arrange provision of residential	14911
services for each person who, on or after July 1, 1989, ceases to	14912
be a resident of a state institution because of closure of the	14913
institution or a reduction in the institution's population by	14914
forty per cent or more within a period of one year. The services	14915
shall be provided in the county in which the person chooses to	14916
reside and shall consist of one of the following as determined	14917
appropriate by the department in consultation with the county	14918
board of mental retardation and developmental disabilities of the	14919
county in which the services are to be provided:	14920

(1) Residential services provided pursuant to section 5123.18	14921
of the Revised Code;	14922

(2) Residential services for which reimbursement is made	14923
under the medical assistance program established under section	14924
5111.01 of the Revised Code;	14925

(3) Residential services provided in a manner or setting	14926
approved by the director of ~~mental retardation and~~ developmental	14927
disabilities.	14928

(C) Not less than six months prior to closing a state	14929
institution or reducing a state institution's population by forty	14930
per cent or more within a period of one year, the department shall	14931
identify those counties in which individuals leaving the	14932
institution have chosen to reside and notify the county boards of	14933
mental retardation and developmental disabilities in those	14934
counties of the need to develop the services specified in division	14935
(B) of this section. The notice shall specify the number of	14936
individuals requiring services who plan to reside in the county	14937
and indicate the amount of funds the department will use to	14938
provide or arrange services for those individuals.	14939

(D) In each county in which one or more persons receive	14940
residential services pursuant to division (B) of this section, the	14941
department shall provide or arrange provision of residential	14942
services, or shall distribute moneys to the county board of mental	14943
retardation and developmental disabilities to provide or arrange	14944
provision of residential services, for an equal number of persons	14945
with mental retardation or developmental disabilities in that	14946
county who the county board has determined need residential	14947
services but are not receiving them.	14948

Sec. 5123.22. When it is necessary for an institution under	14949
the jurisdiction of the department of ~~mental retardation and~~	14950
developmental disabilities to acquire any real estate,	14951
right-of-way, or easement in real estate in order to accomplish	14952
the purposes for which it was organized or is being conducted, and	14953
the department is unable to agree with the owner of such property	14954
upon the price to be paid therefor, such property may be	14955
appropriated in the manner provided for the appropriation of	14956
property for other state purposes.	14957

Any instrument by which real property is acquired pursuant to	14958
this section shall identify the agency of the state that has the	14959
use and benefit of the real property as specified in section	14960
5301.012 of the Revised Code.	14961

Sec. 5123.221. The department of ~~mental retardation and~~	14962
developmental disabilities shall determine and direct what lands	14963
belonging to institutions under its control shall be cultivated.	14964

The department of agriculture, the department of health, and	14965
the Ohio state university shall cooperate with the department of	14966
~~mental retardation and~~ developmental disabilities, and the	14967
managing officer of each institution mentioned in section 5123.03	14968
of the Revised Code, in making such cooperative tests as are	14969
necessary to determine the quality, strength, and purity of	14970
supplies, the value and use of farm lands, or the conditions and	14971
needs of mechanical equipment.	14972

The department may direct the purchase of any materials,	14973
supplies, or other articles for any institution subject to its	14974
jurisdiction from any other such institution at the reasonable	14975
market value, such value to be fixed by the department, and	14976
payments therefor shall be made as between institutions in the	14977
manner provided for payment for supplies.	14978

Sec. 5123.23. The director of ~~mental retardation and~~	14979
developmental disabilities may lease, for oil and gas, any real	14980
estate owned by the state and placed under the supervision of the	14981
department of ~~mental retardation and~~ developmental disabilities,	14982
to any person, upon such terms and for such number of years, not	14983
more than forty, as will be for the best interest of the state. No	14984
such lease shall be agreed upon or entered into before the	14985
proposal to lease the property has been advertised once each week	14986
for four weeks in a newspaper of general circulation in the county	14987
in which the property is located. The lease shall be made with the	14988
person offering the best terms to the state.	14989

The director, in such lease, may grant to the lessee the	14990
right to use so much of the surface of the land as may be	14991
reasonably necessary to carry on the work of prospecting for,	14992
extracting, piping, storing, and removing all oil or gas, and for	14993
depositing waste material and maintaining such buildings and	14994
constructions as are reasonably necessary for exploring or	14995
prospecting for such oil and gas.	14996

All leases made under this section shall be prepared by the	14997
attorney general and approved by the governor. All money received	14998
from any such leases shall be paid into the state treasury to the	14999
credit of the general revenue fund.	15000

Sec. 5123.24. A person, firm, or corporation may file a	15001
petition in the court of common pleas of the county in which an	15002
institution under the jurisdiction of the department of ~~mental~~	15003
~~retardation and~~ developmental disabilities is located, in which	15004
petition the desire to erect or carry on at a less distance than	15005
that prescribed in section 3767.19 of the Revised Code shall be	15006
set forth, the business prohibited, the precise point of its	15007
establishment, and the reasons and circumstances, in its opinion,	15008
why the erection or carrying on thereof would not annoy or	15009
endanger the health, convenience, or recovery of the residents of	15010
such institution. The petitioner shall give notice in a newspaper	15011
of general circulation in the county of the pendency and prayer of	15012
the petition for at least six consecutive weeks before the day set	15013
for hearing the petition and serve a written notice upon the	15014
superintendent of the institution at least thirty days before the	15015
day set for hearing the petition.	15016

If, upon the hearing of the petition, it appears that the	15017
notice has been given as required and the court is of the opinion	15018
that no good reason exists why such establishment may not be	15019
erected or such business carried on and that by the erection or	15020
carrying on thereof at the point named, the institution will	15021
sustain no detriment, the court may issue an order granting the	15022
prayer of the petitioner. Thereafter the petitioner may locate	15023
such establishment or carry on such business at the point named in	15024
the petition.	15025

Sec. 5123.25. The department of administrative services	15026
shall purchase all supplies needed for the proper support and	15027
maintenance of the institutions under the control of the	15028
department of ~~mental retardation and~~ developmental disabilities in	15029
accordance with the competitive selection procedures of Chapter	15030
125. of the Revised Code and such rules as the department of	15031
administrative services adopts. All bids shall be publicly opened	15032
on the day and hour and at the place specified in the	15033
advertisement.	15034

Preference shall be given to bidders in localities wherein	15035
the institution is located, if the price is fair and reasonable	15036
and not greater than the usual price.	15037

The department of administrative services may require such	15038
security as it considers proper to accompany the bids and shall	15039
fix the security to be given by the contractor.	15040

The department of administrative services may reject any or	15041
all bids and secure new bids, if for any reason it is considered	15042
for the best interest of the state to do so, and it may authorize	15043
the managing officer of any institution to purchase perishable	15044
goods and supplies for use in cases of emergency, in which cases	15045
the managing officer shall certify such fact in writing and the	15046
department of administrative services shall record the reasons for	15047
the purchases.	15048

Sec. 5123.26. The treasurer of state shall have charge of	15049
all funds under the jurisdiction of the department of ~~mental~~	15050
~~retardation and~~ developmental disabilities and shall pay out the	15051
same only in accordance with Chapter 5123. of the Revised Code.	15052

The department shall cause to be furnished a contract of	15053
indemnity to cover all moneys and funds received by it or by its	15054
managing officers, employees, or agents while such moneys or funds	15055
are in the possession of such managing officers, employees, or	15056
agents. Such funds are designated as follows:	15057

(A) Funds which are due and payable to the treasurer of state	15058
as provided by Chapter 131. of the Revised Code;	15059

(B) Those funds which are held in trust by the managing	15060
officers, employees, or agents of the institution as local funds	15061
or accounts under the jurisdiction of the department.	15062

Such contract of indemnity shall be made payable to the state	15063
and the premium for such contract of indemnity may be paid from	15064
any of the funds received for the use of the department under this	15065
chapter or Chapter 5121. of the Revised Code.	15066

Funds collected from various sources, such as the sale of	15067
goods, farm products, and all miscellaneous articles, shall be	15068
transmitted on or before Monday of each week to the treasurer of	15069
state and a detailed statement of such collections shall be made	15070
to the division of business administration by each managing	15071
officer.	15072

Sec. 5123.27. The director of ~~mental retardation and~~	15073
developmental disabilities may accept, hold, and administer in	15074
trust on behalf of the state, if it is for the public interest,	15075
any grant, devise, gift, or bequest of money or property made to	15076
the state for the use or benefit of any institution under the	15077
jurisdiction of the department of ~~mental retardation and~~	15078
developmental disabilities or for the use and benefit of persons	15079
with mental retardation or a developmental disability under the	15080
control of the department. If the trust so provides, the money or	15081
property may be used for any work which the department is	15082
authorized to undertake.	15083

The department shall keep such gift, grant, devise, or	15084
bequest as a distinct property or fund and, if it is in money,	15085
shall invest it in the manner provided by law. The department may	15086
deposit in a proper trust company or savings bank any money left	15087
in trust during a specified life or lives and shall adopt rules	15088
governing the deposit, transfer, withdrawal, or investment of the	15089
money and the income from it.	15090

The department shall, in the manner prescribed by the	15091
director of budget and management pursuant to section 126.21 of	15092
the Revised Code, account for all money or property received or	15093
expended under this section. The records, together with a	15094
statement certified by the depository showing the money deposited	15095
there to the credit of the trust, shall be open to public	15096
inspection. The director of budget and management may require the	15097
department to file a report with the director on any particular	15098
portion, or the whole, of any trust property received or expended	15099
by it.	15100

The department shall, upon the expiration of any trust	15101
according to its terms, dispose of the money or property held	15102
under the trust in the manner provided in the instrument creating	15103
the trust. If the instrument creating the trust failed to make any	15104
terms of disposition, or if no trust was in evidence, the decedent	15105
resident's money, saving or commercial deposits, dividends or	15106
distributions, bonds, or any other interest-bearing debt	15107
certificate or stamp issued by the United States government shall	15108
escheat to the state. All such unclaimed intangible personal	15109
property of a former resident shall be retained by the managing	15110
officer in such institution for the period of one year, during	15111
which time every possible effort shall be made to find the former	15112
resident or the former resident's legal representative.	15113

If after a period of one year from the time the resident has	15114
left the institution or has died, the managing officer has been	15115
unable to locate the person or the person's legal representative,	15116
then, upon proper notice of that fact, the director shall at that	15117
time formulate in writing a method of disposition on the minutes	15118
of the department authorizing the managing officer to convert such	15119
intangible personal property to cash to be paid into the state	15120
treasury to the credit of the general revenue fund.	15121

The department shall include in its annual report a statement	15122
of all such money and property and the terms and conditions	15123
relating to them.	15124

Sec. 5123.28. (A) Except as otherwise provided in this	15125
division, money or property deposited with managing officers of	15126
institutions under the jurisdiction of the department of ~~mental~~	15127
~~retardation and~~ developmental disabilities by any resident under	15128
the department's control or by relatives, guardians, conservators,	15129
and others for the special benefit of such resident, as well as	15130
all other funds and all other income paid to the resident, to the	15131
resident's estate, or on the resident's behalf, or paid to the	15132
managing officer or to the institution as representative payee or	15133
otherwise paid on the resident's behalf, shall remain in the hands	15134
of such managing officers in appropriate accounts for use	15135
accordingly. Each such managing officer shall keep itemized book	15136
accounts of the receipt and disposition of such money and	15137
property, which book shall be open at all times to the inspection	15138
of the department. The director of ~~mental retardation and~~	15139
developmental disabilities shall adopt rules governing the	15140
deposit, transfer, withdrawal, or investment of such funds and the	15141
income of the funds, as well as rules under which such funds and	15142
income shall be paid by managing officers, institutions, or	15143
district managers for the support of such residents pursuant to	15144
Chapter 5121. of the Revised Code, or for their other needs.	15145

This division does not require, and shall not be construed as	15146
requiring, the deposit of the principal or income of a trust	15147
created pursuant to section 5815.28 of the Revised Code with	15148
managing officers of institutions under the jurisdiction of the	15149
department.	15150

(B) Whenever any resident confined in a state institution	15151
under the jurisdiction of the department dies, escapes, or is	15152
discharged from the institution, any personal funds of the	15153
resident remain in the hands of the managing officer of the	15154
institution, and no demand is made upon the managing officer by	15155
the owner of the funds or the owner's legally appointed	15156
representative, the managing officer shall hold the funds in the	15157
personal deposit fund for a period of at least one year during	15158
which time the managing officer shall make every effort possible	15159
to locate the owner or the owner's legally appointed	15160
representative. If, at the end of this period, no demand has been	15161
made for the funds, the managing officer shall dispose of the	15162
funds as follows:	15163

(1) All money in a personal deposit fund in excess of ten	15164
dollars due for the support of a resident, shall be paid in	15165
accordance with Chapter 5121. of the Revised Code.	15166

(2) All money in a personal deposit fund in excess of ten	15167
dollars not due for the support of a resident, shall be placed to	15168
the credit of the institution's local account designated as the	15169
"industrial and entertainment" fund.	15170

(3) The first ten dollars to the credit of a resident shall	15171
be placed to the credit of the institution's local account	15172
designated as the "industrial and entertainment" fund.	15173

(C) Whenever any resident in any state institution subject to	15174
the jurisdiction of the department dies, escapes, or is discharged	15175
from the institution, any personal effects of the resident remain	15176
in the hands of the managing officer of the institution, and no	15177
demand is made upon the managing officer by the owner of the	15178
personal effects or the owner's legally appointed representative,	15179
the managing officer shall hold and dispose of the personal	15180
effects in the following manner. All the miscellaneous personal	15181
effects shall be held for a period of at least one year, during	15182
which time the managing officer shall make every effort possible	15183
to locate the owner or the owner's legal representative. If, at	15184
the end of this period, no demand has been made by the owner of	15185
the property or the owner's legal representative, the managing	15186
officer shall file with the county recorder of the county of	15187
commitment of such owner, all deeds, wills, contract mortgages, or	15188
assignments. The balance of the personal effects shall be sold at	15189
public auction after being duly advertised, and the funds turned	15190
over to the treasurer of state for credit to the general revenue	15191
fund. If any of the property is not of a type to be filed with the	15192
county recorder and is not salable at public auction, the managing	15193
officer of the institution shall destroy that property.	15194

Sec. 5123.29. Each managing officer of an institution under	15195
the jurisdiction of the department of ~~mental retardation and~~	15196
developmental disabilities, with the approval of the director of	15197
~~mental retardation and~~ developmental disabilities, may establish	15198
funds in the institutions under the jurisdiction of the	15199
department, designated as follows:	15200

(A) Industrial and entertainment fund for the entertainment	15201
and welfare of the residents of the institution.	15202

(B) Commissary fund for the benefit of residents of the	15203
institution. Commissary revenue in excess of operating costs and	15204
reserve shall be considered profits. All profits from the	15205
commissary fund operations shall be paid into the industrial and	15206
entertainment fund, and used only for the entertainment and	15207
welfare of residents.	15208

The director shall establish rules for the operation of the	15209
industrial and entertainment and commissary funds.	15210

Sec. 5123.30. The department of ~~mental retardation and~~	15211
developmental disabilities shall keep in its office a proper and	15212
complete set of books and accounts with each institution, which	15213
shall clearly show the nature and amount of every expenditure	15214
authorized and made at such institution, and which shall contain	15215
an account of all appropriations made by the general assembly and	15216
of all other funds, together with the disposition of such funds.	15217

The department shall prescribe the form of vouchers, records,	15218
and methods of keeping accounts at each of the institutions, which	15219
shall be as nearly uniform as possible. The department may examine	15220
the records of any institution at any time.	15221

The department may authorize any of its bookkeepers,	15222
accountants, or employees to examine the records, accounts, and	15223
vouchers or take an inventory of the property of any institution,	15224
or do whatever is necessary, and pay the actual and reasonable	15225
expenses incurred in such service when an itemized account is	15226
filed and approved.	15227

Sec. 5123.31. The department of ~~mental retardation and~~	15228
developmental disabilities shall keep in its office, accessible	15229
only to its employees, except by the consent of the department or	15230
the order of the judge of a court of record, a record showing the	15231
name, residence, sex, age, nativity, occupation, condition, and	15232
date of entrance or commitment of every resident in the	15233
institutions governed by it, the date, cause, and terms of	15234
discharge and the condition of such person at the time of leaving,	15235
and also a record of all transfers from one institution to	15236
another, and, if such person dies while in the care or custody of	15237
the department, the date and cause of death. These and such other	15238
facts as the department requires shall be furnished by the	15239
managing officer of each institution within ten days after the	15240
commitment, entrance, death, or discharge of a resident.	15241

In case of an accident or injury or peculiar death of a	15242
resident the managing officer shall make a special report to the	15243
department within twenty-four hours thereafter, giving the	15244
circumstances as fully as possible.	15245

Sec. 5123.33. In its annual report, the department of ~~mental~~	15246
~~retardation and~~ developmental disabilities shall include a list of	15247
the officers and agents employed, and complete financial statement	15248
of the various institutions under its control. The report shall	15249
describe the condition of each institution, and shall state, as to	15250
each institution, whether:	15251

(A) The moneys appropriated have been economically and	15252
judiciously expended;	15253

(B) The objects of the institutions have been accomplished;

15254

(C) The laws in relation to such institutions have been fully	15255
complied with;	15256

(D) All parts of the state are equally benefited by the	15257
institutions.	15258

Such annual report shall be accompanied by the reports of the	15259
managing officers, such other information as the department	15260
considers proper, and the department's recommendations for the	15261
more effective accomplishment of the general purpose of this	15262
chapter.	15263

Sec. 5123.34. This chapter attempts to do all of the	15264
following:	15265

(A) Provide humane and scientific treatment and care and the	15266
highest attainable degree of individual development for persons	15267
with mental retardation or a developmental disability;	15268

(B) Promote the study of the causes of mental retardation and	15269
developmental disabilities, with a view to ultimate prevention;	15270

(C) Secure by uniform and systematic management the highest	15271
attainable degree of economy in the administration of the	15272
institutions under the control of the department of ~~mental~~	15273
~~retardation and~~ developmental disabilities.	15274

Sections 5123.02 to 5123.04, 5123.042, 5123.043, 5123.10,	15275
5123.21, 5123.221, 5123.25, and 5123.31 of the Revised Code shall	15276
be liberally construed to attain these purposes.	15277

Sec. 5123.35. (A) There is hereby created the Ohio	15278
developmental disabilities council, which shall serve as an	15279
advocate for all persons with developmental disabilities. The	15280
council shall act in accordance with the "Developmental	15281
Disabilities Assistance and Bill of Rights Act," 98 Stat. 2662	15282
(1984), 42 U.S.C. 6001, as amended. The governor shall appoint the	15283
members of the council in accordance with 42 U.S.C. 6024.	15284

(B) The Ohio developmental disabilities council shall develop	15285
the state plan required by federal law as a condition of receiving	15286
federal assistance under 42 U.S.C. 6021 to 6030. The department of	15287
~~mental retardation and~~ developmental disabilities, as the state	15288
agency selected by the governor for purposes of receiving the	15289
federal assistance, shall receive, account for, and disburse funds	15290
based on the state plan and shall provide assurances and other	15291
administrative support services required as a condition of	15292
receiving the federal assistance.	15293

(C) The federal funds may be disbursed through grants to or	15294
contracts with persons and government agencies for the provision	15295
of necessary or useful goods and services for developmentally	15296
disabled persons. The Ohio developmental disabilities council may	15297
award the grants or enter into the contracts.	15298

(D) The Ohio developmental disabilities council may award	15299
grants to or enter into contracts with a member of the council or	15300
an entity that the member represents if all of the following	15301
apply:	15302

(1) The member serves on the council as a representative of	15303
one of the principal state agencies concerned with services for	15304
persons with developmental disabilities as specified in 42 U.S.C.	15305
6024(b)(3), a representative of a university affiliated program as	15306
defined in 42 U.S.C. 6001(18), or a representative of the legal	15307
rights service created under section 5123.60 of the Revised Code.	15308

(2) The council determines that the member or the entity the	15309
member represents is capable of providing the goods or services	15310
specified under the terms of the grant or contract.	15311

(3) The member has not taken part in any discussion or vote	15312
of the council related to awarding the grant or entering into the	15313
contract, including service as a member of a review panel	15314
established by the council to award grants or enter into contracts	15315
or to make recommendations with regard to awarding grants or	15316
entering into contracts.	15317

(E) A member of the Ohio developmental disabilities council	15318
is not in violation of Chapter 102. or section 2921.42 of the	15319
Revised Code with regard to receiving a grant or entering into a	15320
contract under this section if the requirements of division (D) of	15321
this section have been met.	15322

Sec. 5123.351. The director of ~~mental retardation and~~	15323
developmental disabilities, with respect to the eligibility for	15324
state reimbursement of expenses incurred by facilities and	15325
programs established and operated under Chapter 5126. of the	15326
Revised Code for persons with mental retardation or a	15327
developmental disability, shall do all of the following:	15328

(A) Make rules that may be necessary to carry out the	15329
purposes of Chapter 5126. and sections 5123.35, 5123.351, and	15330
5123.36 of the Revised Code;	15331

(B) Define minimum standards for qualifications of personnel,	15332
professional services, and in-service training and educational	15333
leave programs;	15334

(C) Review and evaluate community programs and make	15335
recommendations for needed improvements to county boards of mental	15336
retardation and developmental disabilities and to program	15337
directors;	15338

(D) Withhold state reimbursement, in whole or in part, from	15339
any county or combination of counties for failure to comply with	15340
Chapter 5126. or section 5123.35 or 5123.351 of the Revised Code	15341
or rules of the department of ~~mental retardation and~~ developmental	15342
disabilities;	15343

(E) Withhold state funds from an agency, corporation, or	15344
association denying or rendering service on the basis of race,	15345
color, sex, religion, ancestry, national origin, disability as	15346
defined in section 4112.01 of the Revised Code, or inability to	15347
pay;	15348

(F) Provide consultative staff service to communities to	15349
assist in ascertaining needs and in planning and establishing	15350
programs.	15351

Sec. 5123.352. There is hereby created in the state treasury	15352
the community ~~mental retardation and~~ developmental disabilities	15353
trust fund. The director of ~~mental retardation and~~ developmental	15354
disabilities, not later than sixty days after the end of each	15355
fiscal year, shall certify to the director of budget and	15356
management the amount of all the unexpended, unencumbered balances	15357
of general revenue fund appropriations made to the department of	15358
~~mental retardation and~~ developmental disabilities for the fiscal	15359
year, excluding appropriations for rental payments to the Ohio	15360
public facilities commission, and the amount of any other funds	15361
held by the department in excess of amounts necessary to meet the	15362
department's operating costs and obligations pursuant to this	15363
chapter and Chapter 5126. of the Revised Code. On receipt of the	15364
certification, the director of budget and management shall	15365
transfer cash to the trust fund in an amount up to, but not	15366
exceeding, the total of the amounts certified by the director of	15367
~~mental retardation and~~ developmental disabilities, except in cases	15368
in which the transfer will involve more than twenty million	15369
dollars. In such cases, the director of budget and management	15370
shall notify the controlling board and must receive the board's	15371
approval of the transfer prior to making the transfer.	15372

All moneys in the trust fund shall be distributed in	15373
accordance with section 5126.19 of the Revised Code.	15374

Sec. 5123.36. (A) To the extent funds are available and on	15375
application by a county board of mental retardation and	15376
developmental disabilities or private nonprofit agency	15377
incorporated to provide mental retardation or developmental	15378
disability services, the director of ~~mental retardation and~~	15379
developmental disabilities may enter into an agreement with the	15380
county board or agency to assist the county board or agency with a	15381
mental retardation or developmental disability construction	15382
project. Except as provided by division (B) of this section, the	15383
director may provide up to ninety per cent of the total project	15384
cost where circumstances warrant. The director may, where	15385
circumstances warrant, use existing facilities or other in-kind	15386
match for the local share of the communities' share of the cost.	15387

(B) Upon the recommendation of the director, for projects of	15388
the highest priority of the department of ~~mental retardation and~~	15389
developmental disabilities, the controlling board may authorize	15390
the director to provide more than ninety per cent of the total	15391
cost of a project under this section.	15392

(C) A county board is eligible for funds under this section	15393
for a project bid on or after January 1, 1992, under either	15394
section 153.07 or 307.86 of the Revised Code, as long as all other	15395
applicable requirements were followed.	15396

(D) A private nonprofit agency that receives funds pursuant	15397
to this section for the construction of a single-family home,	15398
including, where appropriate, the acquisition and installation of	15399
a single-family home fabricated in an off-site facility, is not	15400
subject to the requirements of Chapter 153. of the Revised Code	15401
with respect to the construction project, notwithstanding any	15402
provision of that chapter to the contrary.	15403

(E) The director may not assist a project under this section	15404
unless the controlling board or director of budget and management	15405
also approves the project pursuant to section 126.14 of the	15406
Revised Code.	15407

Sec. 5123.37. A county board of mental retardation and	15408
developmental disabilities or private, nonprofit agency that	15409
receives state funds pursuant to an agreement with the director of	15410
~~mental retardation and~~ developmental disabilities under section	15411
5123.36 of the Revised Code to acquire a facility may apply to the	15412
director for approval to sell the facility before the terms of the	15413
agreement expire for the purpose of acquiring a replacement	15414
facility to be used to provide mental retardation or developmental	15415
disability services to individuals the county board or agency	15416
serves. The application shall be made on a form the director shall	15417
prescribe. The county board or agency shall include in the	15418
application the specific purpose for which the replacement	15419
facility is to be used. The director may refuse to approve the	15420
application if the director determines that any of the following	15421
apply:	15422

(A) The application is incomplete or indicates that the	15423
county board or agency is unable to purchase a replacement	15424
facility.	15425

(B) The replacement facility would not be used to continue to	15426
provide mental retardation or developmental disability services	15427
that the director determines are appropriate for the individuals	15428
the county board or agency serves.	15429

(C) The county board or agency has failed to comply with a	15430
provision of Chapter 5123. or 5126. of the Revised Code or a rule	15431
adopted by the director.	15432

(D) Approving the application would be inconsistent with the	15433
plans and priorities of the department of ~~mental retardation and~~	15434
developmental disabilities.	15435

Sec. 5123.371. If the director of ~~mental retardation and~~	15436
developmental disabilities approves an application submitted under	15437
section 5123.37 of the Revised Code, the county board of mental	15438
retardation and developmental disabilities or private, nonprofit	15439
agency that submitted the application shall, after selling the	15440
facility for which the county board or agency received approval to	15441
sell, pay to the director the portion of the proceeds that equals	15442
the amount that the director determines the county board or agency	15443
owes the department of ~~mental retardation and~~ developmental	15444
disabilities, including the department's security interest in the	15445
facility, for the state funds used to acquire the facility.	15446

Sec. 5123.372. If the director of ~~mental retardation and~~	15447
developmental disabilities approves an application submitted under	15448
section 5123.37 of the Revised Code, the director shall establish	15449
a deadline by which the county board of mental retardation and	15450
developmental disabilities or private, nonprofit agency that	15451
submitted the application must notify the director that the county	15452
board or agency is ready to acquire a replacement facility to be	15453
used for the purpose stated in the application. The director may	15454
extend the deadline as many times as the director determines	15455
necessary.	15456

Sec. 5123.373. If, on or before the deadline or, if any, the	15457
last extended deadline established under section 5123.372 of the	15458
Revised Code for a county board of mental retardation and	15459
developmental disabilities or private, nonprofit agency, the	15460
county board or agency notifies the director of ~~mental retardation~~	15461
~~and~~ developmental disabilities that the county board or agency is	15462
ready to acquire the replacement facility, the director shall	15463
enter into an agreement with the county board or agency that	15464
provides for the director to pay to the county board or agency a	15465
percentage of the cost of acquiring the replacement facility. The	15466
agreement shall specify the amount that the director shall pay.	15467
The amount may be the amount of the security interest that the	15468
department of ~~mental retardation and~~ developmental disabilities	15469
had in the previous facility or a different amount. The agreement	15470
may provide for the department to hold a security interest in the	15471
replacement facility.	15472

Sec. 5123.374. (A) The director of ~~mental retardation and~~	15473
developmental disabilities may rescind approval of an application	15474
submitted under section 5123.37 of the Revised Code if either of	15475
the following occurs:	15476

(1) The county board of mental retardation and developmental	15477
disabilities or private, nonprofit agency that submitted the	15478
application fails, on or before the deadline or, if any, the last	15479
extended deadline established under section 5123.372 of the	15480
Revised Code for the county board or agency, to notify the	15481
director that the county board or agency is ready to acquire the	15482
replacement facility.	15483

(2) The county board or agency at any time notifies the	15484
director that the county board or agency no longer intends to	15485
acquire a replacement facility.	15486

(B) If the director rescinds approval of an application, the	15487
director shall use any funds the county board or agency paid to	15488
the director under section 5123.371 of the Revised Code to assist	15489
mental retardation or developmental disabilities construction	15490
projects under section 5123.36 of the Revised Code.	15491

Sec. 5123.375. The ~~MR/DD~~developmental disabilities	15492
community capital replacement facilities fund is hereby created in	15493
the state treasury. The director of ~~mental retardation and~~	15494
developmental disabilities shall credit all amounts paid to the	15495
director under section 5123.371 of the Revised Code to the fund.	15496
The director shall use the money in the fund as follows:	15497

(A) To make payments to county boards of mental retardation	15498
and developmental disabilities and private, nonprofit agencies	15499
pursuant to agreements entered into under section 5123.373 of the	15500
Revised Code;	15501

(B) To provide, pursuant to section 5123.374 of the Revised	15502
Code, assistance for mental retardation or developmental	15503
disabilities construction projects under section 5123.36 of the	15504
Revised Code.	15505

Sec. 5123.38. (A) Except as provided in division (B) and (C)	15506
of this section, if an individual receiving supported living or	15507
home and community-based services funded by a county board of	15508
mental retardation and developmental disabilities is committed to	15509
a state-operated intermediate care facility for the mentally	15510
retarded pursuant to sections 5123.71 to 5123.76 of the Revised	15511
Code, the department of ~~mental retardation and~~ developmental	15512
disabilities shall use the funds otherwise allocated to the county	15513
board as the nonfederal share of medicaid expenditures for the	15514
individual's care in the state-operated facility.	15515

(B) Division (A) of this section does not apply if the county	15516
board, not later than ninety days after the date of the commitment	15517
of a person receiving supported services, commences funding of	15518
supported living for an individual who resides in a state-operated	15519
intermediate care facility for the mentally retarded on the date	15520
of the commitment or another eligible individual designated by the	15521
department.	15522

(C) Division (A) of this section does not apply if the county	15523
board, not later than ninety days after the date of the commitment	15524
of a person receiving home and community-based services, commences	15525
funding of home and community-based services for an individual who	15526
resides in a state-operated intermediate care facility for the	15527
mentally retarded on the date of the commitment or another	15528
eligible individual designated by the department.	15529

Sec. 5123.40. There is hereby created in the state treasury	15530
the services fund for individuals with mental retardation and	15531
developmental disabilities. On the death of the beneficiary of a	15532
trust created pursuant to section 1339.51 of the Revised Code, the	15533
portion of the remaining assets of the trust specified in the	15534
trust instrument shall be deposited to the credit of the fund.	15535

Money credited to the fund shall be used for individuals with	15536
mental retardation and developmental disabilities. In accordance	15537
with Chapter 119. of the Revised Code, the department of ~~mental~~	15538
~~retardation and~~ developmental disabilities may adopt any rules	15539
necessary to implement this section.	15540

Sec. 5123.41. As used in this section and sections 5123.42	15541
to 5123.47 of the Revised Code:	15542

(A) "Adult services" has the same meaning as in section	15543
5126.01 of the Revised Code.	15544

(B) "Certified supported living provider" means a person or	15545
government entity certified under section 5123.161 of the Revised	15546
Code.	15547

(C) "Drug" has the same meaning as in section 4729.01 of the	15548
Revised Code.	15549

(D) "Family support services" has the same meaning as in	15550
section 5126.01 of the Revised Code.	15551

(E) "Health-related activities" means the following:

15552

(1) Taking vital signs;

15553

(2) Application of clean dressings that do not require health	15554
assessment;	15555

(3) Basic measurement of bodily intake and output;

15556

(4) Oral suctioning;

15557

(5) Use of glucometers;

15558

(6) External urinary catheter care;

15559

(7) Emptying and replacing colostomy bags;

15560

(8) Collection of specimens by noninvasive means.

15561

(F) "Licensed health professional authorized to prescribe	15562
drugs" has the same meaning as in section 4729.01 of the Revised	15563
Code.	15564

(G) "MR/DD personnel" means the employees and the workers	15565
under contract who provide specialized services to individuals	15566
with mental retardation and developmental disabilities. "MR/DD	15567
personnel" includes those who provide the services as follows:	15568

(1) Through direct employment with the department of ~~mental~~	15569
~~retardation and~~ developmental disabilities or a county board of	15570
mental retardation and developmental disabilities;	15571

(2) Through an entity under contract with the department of	15572
~~mental retardation and~~ developmental disabilities or a county	15573
board of mental retardation and developmental disabilities;	15574

(3) Through direct employment or by being under contract with	15575
private entities, including private entities that operate	15576
residential facilities.	15577

(H) "Nursing delegation" means the process established in	15578
rules adopted by the board of nursing pursuant to Chapter 4723. of	15579
the Revised Code under which a registered nurse or licensed	15580
practical nurse acting at the direction of a registered nurse	15581
transfers the performance of a particular nursing activity or task	15582
to another person who is not otherwise authorized to perform the	15583
activity or task.	15584

(I) "Prescribed medication" means a drug that is to be	15585
administered according to the instructions of a licensed health	15586
professional authorized to prescribe drugs.	15587

(J) "Residential facility" means a facility licensed under	15588
section 5123.19 of the Revised Code or subject to section 5123.192	15589
of the Revised Code.	15590

(K) "Specialized services" has the same meaning as in section	15591
5123.50 of the Revised Code.	15592

(L) "Tube feeding" means the provision of nutrition to an	15593
individual through a gastrostomy tube or a jejunostomy tube.	15594

Sec. 5123.42. (A) Beginning nine months after ~~the effective~~	15595
~~date of this section~~March 31, 2003, MR/DD personnel who are not	15596
specifically authorized by other provisions of the Revised Code to	15597
administer prescribed medications, perform health-related	15598
activities, or perform tube feedings may do so pursuant to this	15599
section as part of the specialized services the MR/DD personnel	15600
provide to individuals with mental retardation and developmental	15601
disabilities in the following categories:	15602

(1) Recipients of early intervention, preschool, and	15603
school-age services offered or provided pursuant to this chapter	15604
or Chapter 5126. of the Revised Code;	15605

(2) Recipients of adult services offered or provided pursuant	15606
to this chapter or Chapter 5126. of the Revised Code;	15607

(3) Recipients of family support services offered or	15608
provided pursuant to this chapter or Chapter 5126. of the Revised	15609
Code;	15610

(4) Recipients of services from certified supported living	15611
providers, if the services are offered or provided pursuant to	15612
this chapter or Chapter 5126. of the Revised Code;	15613

(5) Recipients of residential support services from certified	15614
home and community-based services providers, if the services are	15615
received in a community living arrangement that includes not more	15616
than four individuals with mental retardation and developmental	15617
disabilities and the services are offered or provided pursuant to	15618
this chapter or Chapter 5126. of the Revised Code;	15619

(6) Recipients of services not included in divisions (A)(1)	15620
to (5) of this section that are offered or provided pursuant to	15621
this chapter or Chapter 5126. of the Revised Code;	15622

(7) Residents of a residential facility with five or fewer	15623
resident beds;	15624

(8) Residents of a residential facility with at least six but	15625
not more than sixteen resident beds;	15626

(9) Residents of a residential facility with seventeen or	15627
more resident beds who are on a field trip from the facility, if	15628
all of the following are the case:	15629

(a) The field trip is sponsored by the facility for purposes	15630
of complying with federal medicaid statutes and regulations, state	15631
medicaid statutes and rules, or other federal or state statutes,	15632
regulations, or rules that require the facility to provide	15633
habilitation, community integration, or normalization services to	15634
its residents.	15635

(b) Not more than five field trip participants are residents	15636
who have health needs requiring the administration of prescribed	15637
medications, excluding participants who self-administer prescribed	15638
medications or receive assistance with self-administration of	15639
prescribed medications.	15640

(c) The facility staffs the field trip with MR/DD personnel	15641
in such a manner that one person will administer prescribed	15642
medications, perform health-related activities, or perform tube	15643
feedings for not more than two participants if one or both of	15644
those participants have health needs requiring the person to	15645
administer prescribed medications through a gastrostomy or	15646
jejunostomy tube.	15647

(d) According to the instructions of a health care	15648
professional acting within the scope of the professional's	15649
practice, the health needs of the participants who require	15650
administration of prescribed medications by MR/DD personnel are	15651
such that the participants must receive the medications during the	15652
field trip to avoid jeopardizing their health and safety.	15653

(B)(1) In the case of recipients of early intervention,	15654
preschool, and school-age services, as specified in division	15655
(A)(1) of this section, all of the following apply:	15656

(a) With nursing delegation, MR/DD personnel may perform	15657
health-related activities.	15658

(b) With nursing delegation, MR/DD personnel may administer	15659
oral and topical prescribed medications.	15660

(c) With nursing delegation, MR/DD personnel may administer	15661
prescribed medications through gastrostomy and jejunostomy tubes,	15662
if the tubes being used are stable and labeled.	15663

(d) With nursing delegation, MR/DD personnel may perform	15664
routine tube feedings, if the gastrostomy and jejunostomy tubes	15665
being used are stable and labeled.	15666

(2) In the case of recipients of adult services, as specified	15667
in division (A)(2) of this section, all of the following apply:	15668

(a) With nursing delegation, MR/DD personnel may perform	15669
health-related activities.	15670

(b) With nursing delegation, MR/DD personnel may administer	15671
oral and topical prescribed medications.	15672

(c) With nursing delegation, MR/DD personnel may administer	15673
prescribed medications through gastrostomy and jejunostomy tubes,	15674
if the tubes being used are stable and labeled.	15675

(d) With nursing delegation, MR/DD personnel may perform	15676
routine tube feedings, if the gastrostomy and jejunostomy tubes	15677
being used are stable and labeled.	15678

(3) In the case of recipients of family support services, as	15679
specified in division (A)(3) of this section, all of the following	15680
apply:	15681

(a) Without nursing delegation, MR/DD personnel may perform	15682
health-related activities.	15683

(b) Without nursing delegation, MR/DD personnel may	15684
administer oral and topical prescribed medications.	15685

(c) With nursing delegation, MR/DD personnel may administer	15686
prescribed medications through gastrostomy and jejunostomy tubes,	15687
if the tubes being used are stable and labeled.	15688

(d) With nursing delegation, MR/DD personnel may perform	15689
routine tube feedings, if the gastrostomy and jejunostomy tubes	15690
being used are stable and labeled.	15691

(e) With nursing delegation, MR/DD personnel may administer	15692
routine doses of insulin through subcutaneous injections and	15693
insulin pumps.	15694

(4) In the case of recipients of services from certified	15695
supported living providers, as specified in division (A)(4) of	15696
this section, all of the following apply:	15697

(a) Without nursing delegation, MR/DD personnel may perform	15698
health-related activities.	15699

(b) Without nursing delegation, MR/DD personnel may	15700
administer oral and topical prescribed medications.	15701

(c) With nursing delegation, MR/DD personnel may administer	15702
prescribed medications through gastrostomy and jejunostomy tubes,	15703
if the tubes being used are stable and labeled.	15704

(d) With nursing delegation, MR/DD personnel may perform	15705
routine tube feedings, if the gastrostomy and jejunostomy tubes	15706
being used are stable and labeled.	15707

(e) With nursing delegation, MR/DD personnel may administer	15708
routine doses of insulin through subcutaneous injections and	15709
insulin pumps.	15710

(5) In the case of recipients of residential support services	15711
from certified home and community-based services providers, as	15712
specified in division (A)(5) of this section, all of the following	15713
apply:	15714

(a) Without nursing delegation, MR/DD personnel may perform	15715
health-related activities.	15716

(b) Without nursing delegation, MR/DD personnel may	15717
administer oral and topical prescribed medications.	15718

(c) With nursing delegation, MR/DD personnel may administer	15719
prescribed medications through gastrostomy and jejunostomy tubes,	15720
if the tubes being used are stable and labeled.	15721

(d) With nursing delegation, MR/DD personnel may perform	15722
routine tube feedings, if the gastrostomy and jejunostomy tubes	15723
being used are stable and labeled.	15724

(e) With nursing delegation, MR/DD personnel may administer	15725
routine doses of insulin through subcutaneous injections and	15726
insulin pumps.	15727

(6) In the case of recipients of services not included in	15728
divisions (A)(1) to (5) of this section, as specified in division	15729
(A)(6) of this section, all of the following apply:	15730

(a) With nursing delegation, MR/DD personnel may perform	15731
health-related activities.	15732

(b) With nursing delegation, MR/DD personnel may administer	15733
oral and topical prescribed medications.	15734

(c) With nursing delegation, MR/DD personnel may administer	15735
prescribed medications through gastrostomy and jejunostomy tubes,	15736
if the tubes being used are stable and labeled.	15737

(d) With nursing delegation, MR/DD personnel may perform	15738
routine tube feedings, if the gastrostomy and jejunostomy tubes	15739
being used are stable and labeled.	15740

(7) In the case of residents of a residential facility with	15741
five or fewer beds, as specified in division (A)(7) of this	15742
section, all of the following apply:	15743

(a) Without nursing delegation, MR/DD personnel may perform	15744
health-related activities.	15745

(b) Without nursing delegation, MR/DD personnel may	15746
administer oral and topical prescribed medications.	15747

(c) With nursing delegation, MR/DD personnel may administer	15748
prescribed medications through gastrostomy and jejunostomy tubes,	15749
if the tubes being used are stable and labeled.	15750

(d) With nursing delegation, MR/DD personnel may perform	15751
routine tube feedings, if the gastrostomy and jejunostomy tubes	15752
being used are stable and labeled.	15753

(e) With nursing delegation, MR/DD personnel may administer	15754
routine doses of insulin through subcutaneous injections and	15755
insulin pumps.	15756

(8) In the case of residents of a residential facility with	15757
at least six but not more than sixteen resident beds, as specified	15758
in division (A)(8) of this section, all of the following apply:	15759

(a) With nursing delegation, MR/DD personnel may perform	15760
health-related activities.	15761

(b) With nursing delegation, MR/DD personnel may administer	15762
oral and topical prescribed medications.	15763

(c) With nursing delegation, MR/DD personnel may administer	15764
prescribed medications through gastrostomy and jejunostomy tubes,	15765
if the tubes being used are stable and labeled.	15766

(d) With nursing delegation, MR/DD personnel may perform	15767
routine tube feedings, if the gastrostomy and jejunostomy tubes	15768
being used are stable and labeled.	15769

(9) In the case of residents of a residential facility with	15770
seventeen or more resident beds who are on a field trip from the	15771
facility, all of the following apply during the field trip,	15772
subject to the limitations specified in division (A)(9) of this	15773
section:	15774

(a) With nursing delegation, MR/DD personnel may perform	15775
health-related activities.	15776

(b) With nursing delegation, MR/DD personnel may administer	15777
oral and topical prescribed medications.	15778

(c) With nursing delegation, MR/DD personnel may administer	15779
prescribed medications through gastrostomy and jejunostomy tubes,	15780
if the tubes being used are stable and labeled.	15781

(d) With nursing delegation, MR/DD personnel may perform	15782
routine tube feedings, if the gastrostomy and jejunostomy tubes	15783
being used are stable and labeled.	15784

(C) The authority of MR/DD personnel to administer prescribed	15785
medications, perform health-related activities, and perform tube	15786
feedings pursuant to this section is subject to all of the	15787
following:	15788

(1) To administer prescribed medications, perform	15789
health-related activities, or perform tube feedings for	15790
individuals in the categories specified under divisions (A)(1) to	15791
(8) of this section, MR/DD personnel shall obtain the certificate	15792
or certificates required by the department of ~~mental retardation~~	15793
~~and~~ developmental disabilities and issued under section 5123.45 of	15794
the Revised Code. MR/DD personnel shall administer prescribed	15795
medication, perform health-related activities, and perform tube	15796
feedings only as authorized by the certificate or certificates	15797
held.	15798

(2) To administer prescribed medications, perform	15799
health-related activities, or perform tube feedings for	15800
individuals in the category specified under division (A)(9) of	15801
this section, MR/DD personnel shall successfully complete the	15802
training course or courses developed under section 5123.43 of the	15803
Revised Code for the MR/DD personnel. MR/DD personnel shall	15804
administer prescribed medication, perform health-related	15805
activities, and perform tube feedings only as authorized by the	15806
training completed.	15807

(3) If nursing delegation is required under division (B) of	15808
this section, MR/DD personnel shall not act without nursing	15809
delegation or in a manner that is inconsistent with the	15810
delegation.	15811

(4) The employer of MR/DD personnel shall ensure that MR/DD	15812
personnel have been trained specifically with respect to each	15813
individual for whom they administer prescribed medications,	15814
perform health-related activities, or perform tube feedings. MR/DD	15815
personnel shall not administer prescribed medications, perform	15816
health-related activities, or perform tube feedings for any	15817
individual for whom they have not been specifically trained.	15818

(5) If the employer of MR/DD personnel believes that MR/DD	15819
personnel have not or will not safely administer prescribed	15820
medications, perform health-related activities, or perform tube	15821
feedings, the employer shall prohibit the action from continuing	15822
or commencing. MR/DD personnel shall not engage in the action or	15823
actions subject to an employer's prohibition.	15824

(D) In accordance with section 5123.46 of the Revised Code,	15825
the department of ~~mental retardation and~~ developmental	15826
disabilities shall adopt rules governing its implementation of	15827
this section. The rules shall include the following:	15828

(1) Requirements for documentation of the administration of	15829
prescribed medications, performance of health-related activities,	15830
and performance of tube feedings by MR/DD personnel pursuant to	15831
the authority granted under this section;	15832

(2) Procedures for reporting errors that occur in the	15833
administration of prescribed medications, performance of	15834
health-related activities, and performance of tube feedings by	15835
MR/DD personnel pursuant to the authority granted under this	15836
section;	15837

(3) Other standards and procedures the department considers	15838
necessary for implementation of this section.	15839

Sec. 5123.421. The department of ~~mental retardation and~~	15840
developmental disabilities shall accept complaints from any person	15841
or government entity regarding the administration of prescribed	15842
medications, performance of health-related activities, and	15843
performance of tube feedings by MR/DD personnel pursuant to the	15844
authority granted under section 5123.42 of the Revised Code. The	15845
department shall conduct investigations of complaints as it	15846
considers appropriate. The department shall adopt rules in	15847
accordance with section 5123.46 of the Revised Code establishing	15848
procedures for accepting complaints and conducting investigations	15849
under this section.	15850

Sec. 5123.43. (A) The department of ~~mental retardation and~~	15851
developmental disabilities shall develop courses for the training	15852
of MR/DD personnel in the administration of prescribed	15853
medications, performance of health-related activities, and	15854
performance of tube feedings pursuant to the authority granted	15855
under section 5123.42 of the Revised Code. The department may	15856
develop separate or combined training courses for the	15857
administration of prescribed medications, performance of	15858
health-related activities, and performance of tube feedings.	15859
Training in the administration of prescribed medications through	15860
gastrostomy and jejunostomy tubes may be included in a course	15861
providing training in tube feedings. Training in the	15862
administration of insulin may be developed as a separate course or	15863
included in a course providing training in the administration of	15864
other prescribed medications.	15865

(B)(1) The department shall adopt rules in accordance with	15866
section 5123.46 of the Revised Code that specify the content and	15867
length of the training courses developed under this section. The	15868
rules may include any other standards the department considers	15869
necessary for the training courses.	15870

(2) In adopting rules that specify the content of a training	15871
course or part of a training course that trains MR/DD personnel in	15872
the administration of prescribed medications, the department shall	15873
ensure that the content includes all of the following:	15874

(a) Infection control and universal precautions;

15875

(b) Correct and safe practices, procedures, and techniques	15876
for administering prescribed medication;	15877

(c) Assessment of drug reaction, including known side	15878
effects, interactions, and the proper course of action if a side	15879
effect occurs;	15880

(d) The requirements for documentation of medications	15881
administered to each individual;	15882

(e) The requirements for documentation and notification of	15883
medication errors;	15884

(f) Information regarding the proper storage and care of	15885
medications;	15886

(g) Information about proper receipt of prescriptions and	15887
transcription of prescriptions into an individual's medication	15888
administration record, except when the MR/DD personnel being	15889
trained will administer prescribed medications only to residents	15890
of a residential facility with seventeen or more resident beds who	15891
are participating in a field trip, as specified in division (A)(9)	15892
of section 5123.42 of the Revised Code;	15893

(h) Course completion standards that require successful	15894
demonstration of proficiency in administering prescribed	15895
medications;	15896

(i) Any other material or course completion standards that	15897
the department considers relevant to the administration of	15898
prescribed medications by MR/DD personnel.	15899

Sec. 5123.44. The department of ~~mental retardation and~~	15900
developmental disabilities shall develop courses that train	15901
registered nurses to provide the MR/DD personnel training courses	15902
developed under section 5123.43 of the Revised Code. The	15903
department may develop courses that train registered nurses to	15904
provide all of the courses developed under section 5123.43 of the	15905
Revised Code or any one or more of the courses developed under	15906
that section.	15907

The department shall adopt rules in accordance with section	15908
5123.46 of the Revised Code that specify the content and length of	15909
the training courses. The rules may include any other standards	15910
the department considers necessary for the training courses.	15911

Sec. 5123.45. (A) The department of ~~mental retardation and~~	15912
developmental disabilities shall establish a program under which	15913
the department issues certificates to the following:	15914

(1) MR/DD personnel, for purposes of meeting the requirement	15915
of division (C)(1) of section 5123.42 of the Revised Code to	15916
obtain a certificate or certificates to administer prescribed	15917
medications, perform health-related activities, and perform tube	15918
feedings;	15919

(2) Registered nurses, for purposes of meeting the	15920
requirement of division (B)(1) of section 5123.441 of the Revised	15921
Code to obtain a certificate or certificates to provide the MR/DD	15922
personnel training courses developed under section 5123.43 of the	15923
Revised Code.	15924

(B)(1) Except as provided in division (B)(2) of this section,	15925
to receive a certificate issued under this section, MR/DD	15926
personnel and registered nurses shall successfully complete the	15927
applicable training course or courses and meet all other	15928
applicable requirements established in rules adopted pursuant to	15929
this section. The department shall issue the appropriate	15930
certificate or certificates to MR/DD personnel and registered	15931
nurses who meet the requirements for the certificate or	15932
certificates.	15933

(2) The department shall include provisions in the program	15934
for issuing certificates to the following:	15935

(a) MR/DD personnel who, on ~~the effective date of this~~	15936
~~section~~March 31, 2003, are authorized to provide care to	15937
individuals with mental retardation and developmental disabilities	15938
pursuant to section 5123.193 or sections 5126.351 to 5126.354 of	15939
the Revised Code. A person who receives a certificate under	15940
division (B)(2)(a) of this section shall not administer insulin	15941
until the person has been trained by a registered nurse who has	15942
received a certificate under this section that allows the	15943
registered nurse to provide training courses to MR/DD personnel in	15944
the administration of insulin.	15945

(b) Registered nurses who, on ~~the effective date of this~~	15946
~~section~~March 31, 2003, are authorized to train MR/DD personnel to	15947
provide care to individuals with mental retardation and	15948
developmental disabilities pursuant to section 5123.193 or	15949
sections 5126.351 to 5126.354 of the Revised Code. A registered	15950
nurse who receives a certificate under division (B)(2)(b) of this	15951
section shall not provide training courses to MR/DD personnel in	15952
the administration of insulin unless the registered nurse	15953
completes a course developed under section 5123.44 of the Revised	15954
Code that enables the registered nurse to receive a certificate to	15955
provide training courses to MR/DD personnel in the administration	15956
of insulin.	15957

(C) Certificates issued to MR/DD personnel are valid for one	15958
year and may be renewed. Certificates issued to registered nurses	15959
are valid for two years and may be renewed.	15960

To be eligible for renewal, MR/DD personnel and registered	15961
nurses shall meet the applicable continued competency requirements	15962
and continuing education requirements specified in rules adopted	15963
under division (D) of this section. In the case of registered	15964
nurses, continuing nursing education completed in compliance with	15965
the license renewal requirements established under Chapter 4723.	15966
of the Revised Code may be counted toward meeting the continuing	15967
education requirements established in the rules adopted under	15968
division (D) of this section.	15969

(D) In accordance with section 5123.46 of the Revised Code,	15970
the department shall adopt rules that establish all of the	15971
following:	15972

(1) Requirements that MR/DD personnel and registered nurses	15973
must meet to be eligible to take a training course;	15974

(2) Standards that must be met to receive a certificate,	15975
including requirements pertaining to an applicant's criminal	15976
background;	15977

(3) Procedures to be followed in applying for a certificate	15978
and issuing a certificate;	15979

(4) Standards and procedures for renewing a certificate,	15980
including requirements for continuing education and, in the case	15981
of MR/DD personnel who administer prescribed medications,	15982
standards that require successful demonstration of proficiency in	15983
administering prescribed medications;	15984

(5) Standards and procedures for suspending or revoking a	15985
certificate;	15986

(6) Standards and procedures for suspending a certificate	15987
without a hearing pending the outcome of an investigation;	15988

(7) Any other standards or procedures the department	15989
considers necessary to administer the certification program.	15990

Sec. 5123.451. The department of ~~mental retardation and~~	15991
developmental disabilities shall establish and maintain a registry	15992
that lists all MR/DD personnel and registered nurses holding valid	15993
certificates issued under section 5123.45 of the Revised Code. The	15994
registry shall specify the type of certificate held and any	15995
limitations that apply to a certificate holder. The department	15996
shall make the information in the registry available to the public	15997
in computerized form or any other manner that provides continuous	15998
access to the information in the registry.	15999

Sec. 5123.47. (A) As used in this section:

16000

(1) "In-home care" means the supportive services provided	16001
within the home of an individual with mental retardation or a	16002
developmental disability who receives funding for the services	16003
through a county board of mental retardation and developmental	16004
disabilities, including any recipient of residential services	16005
funded as home and community-based services, family support	16006
services provided under section 5126.11 of the Revised Code, or	16007
supported living provided in accordance with sections 5126.41 to	16008
5126.47 of the Revised Code. "In-home care" includes care that is	16009
provided outside an individual's home in places incidental to the	16010
home, and while traveling to places incidental to the home, except	16011
that "in-home care" does not include care provided in the	16012
facilities of a county board of mental retardation and	16013
developmental disabilities or care provided in schools.	16014

(2) "Parent" means either parent of a child, including an	16015
adoptive parent but not a foster parent.	16016

(3) "Unlicensed in-home care worker" means an individual who	16017
provides in-home care but is not a health care professional.	16018

(4) "Family member" means a parent, sibling, spouse, son,	16019
daughter, grandparent, aunt, uncle, cousin, or guardian of the	16020
individual with mental retardation or a developmental disability	16021
if the individual with mental retardation or developmental	16022
disabilities lives with the person and is dependent on the person	16023
to the extent that, if the supports were withdrawn, another living	16024
arrangement would have to be found.	16025

(5) "Health care professional" means any of the following:

16026

(a) A dentist who holds a valid license issued under Chapter	16027
4715. of the Revised Code;	16028

(b) A registered or licensed practical nurse who holds a	16029
valid license issued under Chapter 4723. of the Revised Code;	16030

(c) An optometrist who holds a valid license issued under	16031
Chapter 4725. of the Revised Code;	16032

(d) A pharmacist who holds a valid license issued under	16033
Chapter 4729. of the Revised Code;	16034

(e) A person who holds a valid certificate issued under	16035
Chapter 4731. of the Revised Code to practice medicine and	16036
surgery, osteopathic medicine and surgery, podiatric medicine and	16037
surgery, or a limited brand of medicine;	16038

(f) A physician assistant who holds a valid certificate	16039
issued under Chapter 4730. of the Revised Code;	16040

(g) An occupational therapist or occupational therapy	16041
assistant or a physical therapist or physical therapist assistant	16042
who holds a valid license issued under Chapter 4755. of the	16043
Revised Code;	16044

(h) A respiratory care professional who holds a valid license	16045
issued under Chapter 4761. of the Revised Code.	16046

(6) "Health care task" means a task that is prescribed,	16047
ordered, delegated, or otherwise directed by a health care	16048
professional acting within the scope of the professional's	16049
practice.	16050

(B) Except as provided in division (E) of this section, a	16051
family member of an individual with mental retardation or a	16052
developmental disability may authorize an unlicensed in-home care	16053
worker to administer oral and topical prescribed medications or	16054
perform other health care tasks as part of the in-home care the	16055
worker provides to the individual, if all of the following apply:	16056

(1) The family member is the primary supervisor of the care.

16057

(2) The unlicensed in-home care worker has been selected by	16058
the family member or the individual receiving care and is under	16059
the direct supervision of the family member.	16060

(3) The unlicensed in-home care worker is providing the care	16061
through an employment or other arrangement entered into directly	16062
with the family member and is not otherwise employed by or under	16063
contract with a person or government entity to provide services to	16064
individuals with mental retardation and developmental	16065
disabilities.	16066

(C) A family member shall obtain a prescription, if	16067
applicable, and written instructions from a health care	16068
professional for the care to be provided to the individual. The	16069
family member shall authorize the unlicensed in-home care worker	16070
to provide the care by preparing a written document granting the	16071
authority. The family member shall provide the unlicensed in-home	16072
care worker with appropriate training and written instructions in	16073
accordance with the instructions obtained from the health care	16074
professional.	16075

(D) A family member who authorizes an unlicensed in-home care	16076
worker to administer oral and topical prescribed medications or	16077
perform other health care tasks retains full responsibility for	16078
the health and safety of the individual receiving the care and for	16079
ensuring that the worker provides the care appropriately and	16080
safely. No entity that funds or monitors the provision of in-home	16081
care may be held liable for the results of the care provided under	16082
this section by an unlicensed in-home care worker, including such	16083
entities as the county board of mental retardation and	16084
developmental disabilities and the department of ~~mental~~	16085
~~retardation and~~ developmental disabilities.	16086

An unlicensed in-home care worker who is authorized under	16087
this section by a family member to provide care to an individual	16088
may not be held liable for any injury caused in providing the	16089
care, unless the worker provides the care in a manner that is not	16090
in accordance with the training and instructions received or the	16091
worker acts in a manner that constitutes wanton or reckless	16092
misconduct.	16093

(E) A county board of mental retardation and developmental	16094
disabilities may evaluate the authority granted by a family member	16095
under this section to an unlicensed in-home care worker at any	16096
time it considers necessary and shall evaluate the authority on	16097
receipt of a complaint. If the board determines that a family	16098
member has acted in a manner that is inappropriate for the health	16099
and safety of the individual receiving the care, the authorization	16100
granted by the family member to an unlicensed in-home care worker	16101
is void, and the family member may not authorize other unlicensed	16102
in-home care workers to provide the care. In making such a	16103
determination, the board shall use appropriately licensed health	16104
care professionals and shall provide the family member an	16105
opportunity to file a complaint under section 5126.06 of the	16106
Revised Code.	16107

Sec. 5123.50. As used in this section and sections 5123.51,	16108
5123.52, and 5123.541 of the Revised Code:	16109

(A) "Abuse" means all of the following:

16110

(1) The use of physical force that can reasonably be expected	16111
to result in physical harm or serious physical harm;	16112

(2) Sexual abuse;

16113

(3) Verbal abuse.

16114

(B) "Misappropriation" means depriving, defrauding, or	16115
otherwise obtaining the real or personal property of an individual	16116
by any means prohibited by the Revised Code, including violations	16117
of Chapter 2911. or 2913. of the Revised Code.	16118

16119

(1) An employee of the department of ~~mental retardation and~~	16120
developmental disabilities;	16121

(2) An employee of a county board of mental retardation and	16122
developmental disabilities;	16123

(3) An employee in a position that includes providing	16124
specialized services to an individual with mental retardation or	16125
another developmental disability.	16126

(D) "Neglect" means, when there is a duty to do so, failing	16127
to provide an individual with any treatment, care, goods, or	16128
services that are necessary to maintain the health and safety of	16129
the individual.	16130

(E) "Physical harm" and "serious physical harm" have the same	16131
meanings as in section 2901.01 of the Revised Code.	16132

(F) "Sexual abuse" means unlawful sexual conduct or sexual	16133
contact.	16134

(G) "Specialized services" means any program or service	16135
designed and operated to serve primarily individuals with mental	16136
retardation or a developmental disability, including a program or	16137
service provided by an entity licensed or certified by the	16138
department of ~~mental retardation and~~ developmental disabilities. A	16139
program or service available to the general public is not a	16140
specialized service.	16141

(H) "Verbal abuse" means purposely using words to threaten,	16142
coerce, intimidate, harass, or humiliate an individual.	16143

(I) "Sexual conduct," "sexual contact," and "spouse" have the	16144
same meanings as in section 2907.01 of the Revised Code.	16145

Sec. 5123.51. (A) In addition to any other action required	16146
by sections 5123.61 and 5126.31 of the Revised Code, the	16147
department of ~~mental retardation and~~ developmental disabilities	16148
shall review each report the department receives of abuse or	16149
neglect of an individual with mental retardation or a	16150
developmental disability or misappropriation of an individual's	16151
property that includes an allegation that an MR/DD employee	16152
committed or was responsible for the abuse, neglect, or	16153
misappropriation. The department shall review a report it receives	16154
from a public children services agency only after the agency	16155
completes its investigation pursuant to section 2151.421 of the	16156
Revised Code. On receipt of a notice under section 2930.061 or	16157
5123.541 of the Revised Code, the department shall review the	16158
notice.	16159

(B) The department shall do both of the following:

16160

(1) Investigate the allegation or adopt the findings of an	16161
investigation or review of the allegation conducted by another	16162
person or government entity and determine whether there is a	16163
reasonable basis for the allegation;	16164

(2) If the department determines that there is a reasonable	16165
basis for the allegation, conduct an adjudication pursuant to	16166
Chapter 119. of the Revised Code.	16167

(C)(1) The department shall appoint an independent hearing	16168
officer to conduct any hearing conducted pursuant to division	16169
(B)(2) of this section, except that, if the hearing is regarding	16170
an employee of the department who is represented by a union, the	16171
department and a representative of the union shall jointly select	16172
the hearing officer.	16173

(2)(a) Except as provided in division (C)(2)(b) of this	16174
section, no hearing shall be conducted under division (B)(2) of	16175
this section until any criminal proceeding or collective	16176
bargaining arbitration concerning the same allegation has	16177
concluded.	16178

(b) The department may conduct a hearing pursuant to division	16179
(B)(2) of this section before a criminal proceeding concerning the	16180
same allegation is concluded if both of the following are the	16181
case:	16182

(i) The department notifies the prosecutor responsible for	16183
the criminal proceeding that the department proposes to conduct a	16184
hearing.	16185

(ii) The prosecutor consents to the hearing.

16186

(3) In conducting a hearing pursuant to division (B)(2) of	16187
this section, the hearing officer shall do all of the following:	16188

(a) Determine whether there is clear and convincing evidence	16189
that the MR/DD employee has done any of the following:	16190

(i) Misappropriated property of one or more individuals with	16191
mental retardation or a developmental disability that has a value,	16192
either separately or taken together, of one hundred dollars or	16193
more;	16194

(ii) Misappropriated property of an individual with mental	16195
retardation or a developmental disability that is designed to be	16196
used as a check, draft, negotiable instrument, credit card, charge	16197
card, or device for initiating an electronic fund transfer at a	16198
point of sale terminal, automated teller machine, or cash	16199
dispensing machine;	16200

(iii) Knowingly abused such an individual;

16201

(iv) Recklessly abused or neglected such an individual, with	16202
resulting physical harm;	16203

(v) Negligently abused or neglected such an individual, with	16204
resulting serious physical harm;	16205

(vi) Recklessly neglected such an individual, creating a	16206
substantial risk of serious physical harm;	16207

(vii) Engaged in sexual conduct or had sexual contact with an	16208
individual with mental retardation or another developmental	16209
disability who was not the MR/DD employee's spouse and for whom	16210
the MR/DD employee was employed or under a contract to provide	16211
care;	16212

(viii) Unreasonably failed to make a report pursuant to	16213
division (C) of section 5123.61 of the Revised Code when the	16214
employee knew or should have known that the failure would result	16215
in a substantial risk of harm to an individual with mental	16216
retardation or a developmental disability.	16217

(b) Give weight to the decision in any collective bargaining	16218
arbitration regarding the same allegation;	16219

(c) Give weight to any relevant facts presented at the	16220
hearing.	16221

(D)(1) Unless the director of ~~mental retardation and~~	16222
developmental disabilities determines that there are extenuating	16223
circumstances and except as provided in division (E) of this	16224
section, if the director, after considering all of the factors	16225
listed in division (C)(3) of this section, finds that there is	16226
clear and convincing evidence that an MR/DD employee has done one	16227
or more of the things described in division (C)(3)(a) of this	16228
section the director shall include the name of the employee in the	16229
registry established under section 5123.52 of the Revised Code.	16230

(2) Extenuating circumstances the director must consider	16231
include the use of physical force by an MR/DD employee that was	16232
necessary as self-defense.	16233

(3) If the director includes an MR/DD employee in the	16234
registry established under section 5123.52 of the Revised Code,	16235
the director shall notify the employee, the person or government	16236
entity that employs or contracts with the employee, the individual	16237
with mental retardation or a developmental disability who was the	16238
subject of the report and that individual's legal guardian, if	16239
any, the attorney general, and the prosecuting attorney or other	16240
law enforcement agency. If the MR/DD employee holds a license,	16241
certificate, registration, or other authorization to engage in a	16242
profession issued pursuant to Title XLVII of the Revised Code, the	16243
director shall notify the appropriate agency, board, department,	16244
or other entity responsible for regulating the employee's	16245
professional practice.	16246

(4) If an individual whose name appears on the registry is	16247
involved in a court proceeding or arbitration arising from the	16248
same facts as the allegation resulting in the individual's	16249
placement on the registry, the disposition of the proceeding or	16250
arbitration shall be noted in the registry next to the	16251
individual's name.	16252

(E) In the case of an allegation concerning an employee of	16253
the department, after the hearing conducted pursuant to division	16254
(B)(2) of this section, the director of health or that director's	16255
designee shall review the decision of the hearing officer to	16256
determine whether the standard described in division (C)(3) of	16257
this section has been met. If the director or designee determines	16258
that the standard has been met and that no extenuating	16259
circumstances exist, the director or designee shall notify the	16260
director of ~~mental retardation and~~ developmental disabilities that	16261
the MR/DD employee is to be included in the registry established	16262
under section 5123.52 of the Revised Code. If the director of	16263
~~mental retardation and~~ developmental disabilities receives such	16264
notification, the director shall include the MR/DD employee in the	16265
registry and shall provide the notification described in division	16266
(D)(3) of this section.	16267

(F) If the department is required by Chapter 119. of the	16268
Revised Code to give notice of an opportunity for a hearing and	16269
the MR/DD employee subject to the notice does not timely request a	16270
hearing in accordance with section 119.07 or 5123.0414 of the	16271
Revised Code, the department is not required to hold a hearing.	16272

(G) Files and records of investigations conducted pursuant to	16273
this section are not public records as defined in section 149.43	16274
of the Revised Code, but, on request, the department shall provide	16275
copies of those files and records to the attorney general, a	16276
prosecuting attorney, or a law enforcement agency.	16277

Sec. 5123.52. (A) The department of ~~mental retardation and~~	16278
developmental disabilities shall establish a registry of MR/DD	16279
employees consisting of the names of MR/DD employees included in	16280
the registry pursuant to section 5123.51 of the Revised Code.	16281

(B) Before a person or government entity hires, contracts	16282
with, or employs an individual as an MR/DD employee, the person or	16283
government entity shall inquire whether the individual is included	16284
in the registry.	16285

(C) When it receives an inquiry regarding whether an	16286
individual is included in the registry, the department shall	16287
inform the person making the inquiry whether the individual is	16288
included in the registry.	16289

(D)(1) Except as otherwise provided in a collective	16290
bargaining agreement entered into under Chapter 4117. of the	16291
Revised Code that is in effect on ~~the effective date of this~~	16292
~~section~~November22, 2000, no person or government entity shall	16293
hire, contract with, or employ as an MR/DD employee an individual	16294
who is included in the registry. Notwithstanding sections 4117.08	16295
and 4117.10 of the Revised Code, no agreement entered into under	16296
Chapter 4117. of the Revised Code after ~~the effective date of this~~	16297
~~section~~November22, 2000, may contain any provision that in any	16298
way limits the effect or operation of this section.	16299

(2) Neither the department nor any county board of mental	16300
retardation and developmental disabilities may enter into a new	16301
contract or renew a contract with a person or government entity	16302
that fails to comply with division (D)(1) of this section until	16303
the department or board is satisfied that the person or government	16304
entity will comply.	16305

(3) A person or government entity that fails to hire or	16306
retain as an MR/DD employee a person because the person is	16307
included in the registry shall not be liable in damages in a civil	16308
action brought by the employee or applicant for employment.	16309
Termination of employment pursuant to division (D)(1) of this	16310
section constitutes a discharge for just cause for the purposes of	16311
section 4141.29 of the Revised Code.	16312

(E) Information contained in the registry is a public record	16313
for the purposes of section 149.43 of the Revised Code and is	16314
subject to inspection and copying under section 1347.08 of the	16315
Revised Code.	16316

Sec. 5123.53. An individual who is included in the registry	16317
may petition the director of ~~mental retardation and~~ developmental	16318
disabilities for removal from the registry. If the director	16319
determines that good cause exists, the director shall remove the	16320
individual from the registry and may properly reply to an inquiry	16321
that the individual is not included in the registry. Good cause	16322
includes meeting rehabilitation standards established in rules	16323
adopted under section 5123.54 of the Revised Code.	16324

Sec. 5123.54. The director of ~~mental retardation and~~	16325
developmental disabilities shall adopt rules under Chapter 119. of	16326
the Revised Code to implement sections 5123.51, 5123.52, and	16327
5123.53 of the Revised Code. The rules shall establish	16328
rehabilitation standards for the purposes of section 5123.53 of	16329
the Revised Code and specify circumstances, other than meeting the	16330
standards, that constitute good cause for the purposes of that	16331
section.	16332

Sec. 5123.541. (A) No MR/DD employee shall engage in any	16333
sexual conduct or have any sexual contact with an individual with	16334
mental retardation or another developmental disability for whom	16335
the MR/DD employee is employed or under a contract to provide care	16336
unless the individual is the MR/DD employee's spouse.	16337

(B) Any MR/DD employee who violates division (A) of this	16338
section shall be eligible to be included in the registry regarding	16339
misappropriation, abuse, neglect, or other specified misconduct by	16340
MR/DD employees established under section 5123.52 of the Revised	16341
Code, in addition to any other sanction or penalty authorized or	16342
required by law.	16343

(C)(1) Any person listed in division (C)(2) of section	16344
5123.61 of the Revised Code who has reason to believe that an	16345
MR/DD employee has violated division (A) of this section shall	16346
immediately report that belief to the department of ~~mental~~	16347
~~retardation and~~ developmental disabilities.	16348

(2) Any person who has reason to believe that an MR/DD	16349
employee has violated division (A) of this section may report that	16350
belief to the department of ~~mental retardation and~~ developmental	16351
disabilities.	16352

Sec. 5123.542. (A) Each of the following shall annually	16353
provide a written notice to each of its MR/DD employees explaining	16354
the conduct for which an MR/DD employee may be included in the	16355
registry established under section 5123.52 of the Revised Code:	16356

(1) The department of ~~mental retardation and~~ developmental	16357
disabilities;	16358

(2) Each county board of mental retardation and developmental	16359
disabilities;	16360

(3) Each contracting entity, as defined in section 5126.281	16361
of the Revised Code;	16362

(4) Each owner, operator, or administrator of a residential	16363
facility, as defined in section 5123.19 of the Revised Code;	16364

(5) Each owner, operator, or administrator of a program	16365
certified by the department to provide supported living.	16366

(B) The notice described in division (A) of this section	16367
shall be in a form and provided in a manner prescribed by the	16368
department of ~~mental retardation and~~ developmental disabilities.	16369
The form shall be the same for all persons and entities required	16370
to provide notice under division (A) of this section.	16371

(C) The fact that an MR/DD employee does not receive the	16372
notice required by this section does not exempt the employee from	16373
inclusion in the registry established under section 5123.52 of the	16374
Revised Code.	16375

Sec. 5123.55. As used in sections 5123.55 to 5123.59 of the	16376
Revised Code:	16377

(A) "Guardian" means a guardian of the person, limited	16378
guardian, interim guardian, or emergency guardian pursuant to	16379
appointment by the probate court under Chapter 2111. of the	16380
Revised Code.	16381

(B) "Trustee" means a trustee appointed by and accountable to	16382
the probate court, in lieu of a guardian and without a judicial	16383
determination of incompetency, with respect to an estate of ten	16384
thousand dollars or less.	16385

(C) "Protector" means an agency under contract with the	16386
department of ~~mental retardation and~~ developmental disabilities	16387
acting with or without court appointment to provide guidance,	16388
service, and encouragement in the development of maximum	16389
self-reliance to a person with mental retardation or a	16390
developmental disability, independent of any determination of	16391
incompetency.	16392

(D) "Protective service" means performance of the duties of a	16393
guardian, trustee, or conservator, or acting as a protector, with	16394
respect to a person with mental retardation or a developmental	16395
disability.	16396

(E) "Conservator" means a conservator of the person pursuant	16397
to an appointment by a probate court under Chapter 2111. of the	16398
Revised Code.	16399

Sec. 5123.56. The department of ~~mental retardation and~~	16400
developmental disabilities shall develop a statewide system of	16401
protective service in accordance with rules and standards	16402
established by the department. With respect to this program, the	16403
department may enter into a contract with any responsible public	16404
or private agency for provision of protective service by the	16405
agency, and the contract may permit the agency to charge the	16406
person receiving services fees for services provided.	16407

No costs or fees shall be charged by a probate court for the	16408
filing of a petition for guardianship, trusteeship, protectorship,	16409
or conservatorship under sections 5123.55 to 5123.59 of the	16410
Revised Code, or for any service performed by a probate court, or	16411
by any state agency in the course of petitioning for protective	16412
services, or for any protective services provided under those	16413
sections.	16414

An agency that provides protective services pursuant to a	16415
contract with another agency or a court may charge the agency or	16416
court fees for the services provided.	16417

Sec. 5123.57. No guardianship or trusteeship appointment	16418
shall be made under sections 5123.55 to 5123.59 of the Revised	16419
Code and no person shall be accepted for service by a protector	16420
under those sections unless a comprehensive evaluation has been	16421
made in a clinic or other facility approved by the department of	16422
~~mental retardation and~~ developmental disabilities. The evaluation	16423
shall include a medical, psychological, social, and educational	16424
evaluation, and a copy of the evaluation shall be filed with the	16425
department.	16426

Any agency that is appointed as a guardian, trustee, or	16427
conservator under sections 5123.55 to 5123.59 of the Revised Code	16428
or accepted as a protector under those sections shall provide for	16429
a review at least once each year in writing of the physical,	16430
mental, and social condition of each mentally retarded or	16431
developmentally disabled person for whom it is acting as guardian,	16432
trustee, or protector. An agency providing protective services	16433
under contract with the department shall file these reports with	16434
the department of ~~mental retardation and~~ developmental	16435
disabilities. Any record of the department or agency pertaining to	16436
a mentally retarded or developmentally disabled person shall not	16437
be a public record under section 149.43 of the Revised Code.	16438
Information contained in those records shall not be disclosed	16439
publicly in such a manner as to identify individuals, but may be	16440
made available to persons approved by the director of ~~mental~~	16441
~~retardation and~~ developmental disabilities or the court.	16442

Sec. 5123.58. An agency providing protective services under	16443
contract with the department of ~~mental retardation and~~	16444
developmental disabilities may be nominated under any of the	16445
following conditions as guardian, trustee, protector, conservator,	16446
or as trustee and protector of a mentally retarded or	16447
developmentally disabled person:	16448

(A) The person who needs or believes hethe person needs	16449
protective service may make application in writing.	16450

(B) Any interested person may make application in writing on	16451
behalf of a mentally retarded or developmentally disabled person.	16452

(C) A parent may name the department or agency as guardian or	16453
successor guardian in a will.	16454

(D) A parent may name the department or agency as guardian,	16455
trustee, or protector, to assume such duties during the parent's	16456
lifetime.	16457

If the results of the comprehensive evaluation required under	16458
section 5123.57 of the Revised Code indicate that the person named	16459
in the nomination is in need of protective services, the agency or	16460
service either shall reject or accept the nomination as guardian,	16461
trustee, or conservator, subject to appointment by the probate	16462
court, or reject or accept the nomination as protector, or trustee	16463
and protector.	16464

At the time the nomination is accepted or when an appointment	16465
is made by the court, the mentally retarded or developmentally	16466
disabled person and any person who made application for service on	16467
~~his~~the mentally retarded or developmentally disabled person's	16468
behalf under this section shall be informed by the agency,	16469
service, or court of the procedure for terminating the appointment	16470
or service. The agency or service shall cease to provide	16471
protective service as a protector pursuant to nomination under	16472
division (A), (B), or (D) of this section when a written request	16473
for termination is received by the agency from or on behalf of the	16474
mentally retarded or developmentally disabled person. If the	16475
agency or service believes the person to be in need of protective	16476
service, the agency or service may file an application for	16477
guardianship, trusteeship, or protectorship with the probate	16478
court. Termination of any court appointment as guardian, trustee,	16479
or protector shall be by order of the probate court.	16480

Sec. 5123.59. Before entering upon the duties of trustee, an	16481
agency under contract with the department of ~~mental retardation~~	16482
~~and~~ developmental disabilities may require any of its employees	16483
having custody or control of funds or property to give bond to the	16484
probate court with sufficient surety, conditioned upon the full	16485
and faithful accounting of all trust funds which hethe employee	16486
holds. The amount of the bond shall be determined by the court and	16487
may be modified by the court.	16488

Sec. 5123.60. (A) A legal rights service is hereby created	16489
and established to protect and advocate the rights of mentally ill	16490
persons, mentally retarded persons, developmentally disabled	16491
persons, and other disabled persons who may be represented by the	16492
service pursuant to division (L) of this section; to receive and	16493
act upon complaints concerning institutional and hospital	16494
practices and conditions of institutions for mentally retarded or	16495
developmentally disabled persons and hospitals for the mentally	16496
ill; and to assure that all persons detained, hospitalized,	16497
discharged, or institutionalized, and all persons whose detention,	16498
hospitalization, discharge, or institutionalization is sought or	16499
has been sought under this chapter or Chapter 5122. of the Revised	16500
Code are fully informed of their rights and adequately represented	16501
by counsel in proceedings under this chapter or Chapter 5122. of	16502
the Revised Code and in any proceedings to secure the rights of	16503
those persons. Notwithstanding the definitions of "mentally	16504
retarded person" and "developmentally disabled person" in section	16505
5123.01 of the Revised Code, the legal rights service shall	16506
determine who is a mentally retarded or developmentally disabled	16507
person for purposes of this section and sections 5123.601 to	16508
5123.604 of the Revised Code.	16509

(B)(1) In regard to those persons detained, hospitalized, or	16510
institutionalized under Chapter 5122. of the Revised Code, the	16511
legal rights service shall undertake formal representation only of	16512
those persons who are involuntarily detained, hospitalized, or	16513
institutionalized pursuant to sections 5122.10 to 5122.15 of the	16514
Revised Code, and those voluntarily detained, hospitalized, or	16515
institutionalized who are minors, who have been adjudicated	16516
incompetent, who have been detained, hospitalized, or	16517
institutionalized in a public hospital, or who have requested	16518
representation by the legal rights service.	16519

(2) If a person referred to in division (A) of this section	16520
voluntarily requests in writing that the legal rights service	16521
terminate participation in the person's case, such involvement	16522
shall cease.	16523

(3) Persons described in divisions (A) and (B)(1) of this	16524
section who are represented by the legal rights service are	16525
clients of the legal rights service.	16526

(C) Any person voluntarily hospitalized or institutionalized	16527
in a public hospital under division (A) of section 5122.02 of the	16528
Revised Code, after being fully informed of the person's rights	16529
under division (A) of this section, may, by written request, waive	16530
assistance by the legal rights service if the waiver is knowingly	16531
and intelligently made, without duress or coercion.	16532

The waiver may be rescinded at any time by the voluntary	16533
patient or resident, or by the voluntary patient's or resident's	16534
legal guardian.	16535

(D)(1) The legal rights service commission is hereby created	16536
for the purposes of appointing an administrator of the legal	16537
rights service, advising the administrator, assisting the	16538
administrator in developing a budget, advising the administrator	16539
in establishing and annually reviewing a strategic plan, creating	16540
a procedure for filing and determination of grievances against the	16541
legal rights service, and establishing general policy guidelines,	16542
including guidelines for the commencement of litigation, for the	16543
legal rights service. The commission may adopt rules to carry	16544
these purposes into effect and may receive and act upon appeals of	16545
personnel decisions by the administrator.	16546

(2) The commission shall consist of seven members. One	16547
member, who shall serve as chairperson, shall be appointed by the	16548
chief justice of the supreme court, three members shall be	16549
appointed by the speaker of the house of representatives, and	16550
three members shall be appointed by the president of the senate.	16551
At least two members shall have experience in the field of	16552
developmental disabilities, and at least two members shall have	16553
experience in the field of mental health. No member shall be a	16554
provider or related to a provider of services to mentally	16555
retarded, developmentally disabled, or mentally ill persons.	16556

(3) Terms of office of the members of the commission shall be	16557
for three years, each term ending on the same day of the month of	16558
the year as did the term which it succeeds. Each member shall	16559
serve subsequent to the expiration of the member's term until a	16560
successor is appointed and qualifies, or until sixty days has	16561
elapsed, whichever occurs first. No member shall serve more than	16562
two consecutive terms.	16563

All vacancies in the membership of the commission shall be	16564
filled in the manner prescribed for regular appointments to the	16565
commission and shall be limited to the unexpired terms.	16566

(4) The commission shall meet at least four times each year.	16567
Members shall be reimbursed for their necessary and actual	16568
expenses incurred in the performance of their official duties.	16569

(5) The administrator of the legal rights service shall serve	16570
at the pleasure of the commission.	16571

The administrator shall be an attorney admitted to practice	16572
law in this state. The salary of the administrator shall be	16573
established in accordance with section 124.14 of the Revised Code.	16574

(E) The legal rights service shall be completely independent	16575
of the department of mental health and the department of ~~mental~~	16576
~~retardation and~~ developmental disabilities and, notwithstanding	16577
section 109.02 of the Revised Code, shall also be independent of	16578
the office of the attorney general. The administrator of the legal	16579
rights service, staff, and attorneys designated by the	16580
administrator to represent persons detained, hospitalized, or	16581
institutionalized under this chapter or Chapter 5122. of the	16582
Revised Code shall have ready access to the following:	16583

(1) During normal business hours and at other reasonable	16584
times, all records, except records of community residential	16585
facilities and records of contract agencies of county boards of	16586
mental retardation and developmental disabilities and boards of	16587
alcohol, drug addiction and mental health services, relating to	16588
expenditures of state and federal funds or to the commitment,	16589
care, treatment, and habilitation of all persons represented by	16590
the legal rights service, including those who may be represented	16591
pursuant to division (L) of this section, or persons detained,	16592
hospitalized, institutionalized, or receiving services under this	16593
chapter or Chapter 340., 5119., 5122., or 5126. of the Revised	16594
Code that are records maintained by the following entities	16595
providing services for those persons: departments; institutions;	16596
hospitals; boards of alcohol, drug addiction, and mental health	16597
services; county boards of mental retardation and developmental	16598
disabilities; and any other entity providing services to persons	16599
who may be represented by the service pursuant to division (L) of	16600
this section;	16601

(2) Any records maintained in computerized data banks of the	16602
departments or boards or, in the case of persons who may be	16603
represented by the service pursuant to division (L) of this	16604
section, any other entity that provides services to those persons;	16605

(3) During their normal working hours, personnel of the	16606
departments, facilities, boards, agencies, institutions,	16607
hospitals, and other service-providing entities;	16608

(4) At any time, all persons detained, hospitalized, or	16609
institutionalized; persons receiving services under this chapter	16610
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and	16611
persons who may be represented by the service pursuant to division	16612
(L) of this section.	16613

(5) Records of a community residential facility, a contract	16614
agency of a board of alcohol, drug addiction, and mental health	16615
services, or a contract agency of a county board of mental	16616
retardation and developmental disabilities with one of the	16617
following consents:	16618

(a) The consent of the person, including when the person is a	16619
minor or has been adjudicated incompetent;	16620

(b) The consent of the person's guardian of the person, if	16621
any, or the parent if the person is a minor;	16622

(c) No consent, if the person is unable to consent for any	16623
reason, and the guardian of the person, if any, or the parent of	16624
the minor, has refused to consent or has not responded to a	16625
request for consent and either of the following has occurred:	16626

(i) A complaint regarding the person has been received by the	16627
legal rights service;	16628

(ii) The legal rights service has determined that there is	16629
probable cause to believe that such person has been subjected to	16630
abuse or neglect.	16631

(F) The administrator of the legal rights service shall do	16632
the following:	16633

(1) Administer and organize the work of the legal rights	16634
service and establish administrative or geographic divisions as	16635
the administrator considers necessary, proper, and expedient;	16636

(2) Adopt and promulgate rules that are not in conflict with	16637
rules adopted by the commission and prescribe duties for the	16638
efficient conduct of the business and general administration of	16639
the legal rights service;	16640

(3) Appoint and discharge employees, and hire experts,	16641
consultants, advisors, or other professionally qualified persons	16642
as the administrator considers necessary to carry out the duties	16643
of the legal rights service;	16644

(4) Apply for and accept grants of funds, and accept	16645
charitable gifts and bequests;	16646

(5) Prepare and submit a budget to the general assembly for	16647
the operation of the legal rights service. At least thirty days	16648
prior to submitting the budget to the general assembly, the	16649
administrator shall provide a copy of the budget to the commission	16650
for review and comment. When submitting the budget to the general	16651
assembly, the administrator shall include a copy of any written	16652
comments returned by the commission to the administrator.	16653

(6) Enter into contracts and make expenditures necessary for	16654
the efficient operation of the legal rights service;	16655

(7) Annually prepare a report of activities and submit copies	16656
of the report to the governor, the chief justice of the supreme	16657
court, the president of the senate, the speaker of the house of	16658
representatives, the director of mental health, and the director	16659
of ~~mental retardation and~~ developmental disabilities, and make the	16660
report available to the public;	16661

(8) Upon request of the commission or of the chairperson of	16662
the commission, report to the commission on specific litigation	16663
issues or activities.	16664

(G)(1) The legal rights service may act directly or contract	16665
with other organizations or individuals for the provision of the	16666
services envisioned under this section.	16667

(2) Whenever possible, the administrator shall attempt to	16668
facilitate the resolution of complaints through administrative	16669
channels. Subject to division (G)(3) of this section, if attempts	16670
at administrative resolution prove unsatisfactory, the	16671
administrator may pursue any legal, administrative, and other	16672
appropriate remedies or approaches that may be necessary to	16673
accomplish the purposes of this section.	16674

(3) The administrator may not pursue a class action lawsuit	16675
under division (G)(2) of this section when attempts at	16676
administrative resolution of a complaint prove unsatisfactory	16677
under that division unless both of the following have first	16678
occurred:	16679

(a) At least four members of the commission, by their	16680
affirmative vote, have consented to the pursuit of the class	16681
action lawsuit;	16682

(b) At least five members of the commission are present at	16683
the meeting of the commission at which that consent is obtained.	16684

(4) All records received or maintained by the legal rights	16685
service in connection with any investigation, representation, or	16686
other activity under this section shall be confidential and shall	16687
not be disclosed except as authorized by the person represented by	16688
the legal rights service or, subject to any privilege, a guardian	16689
of the person or parent of the minor. Subject to division (G)(5)	16690
of this section, relationships between personnel and the agents of	16691
the legal rights service and its clients shall be fiduciary	16692
relationships, and all communications shall be privileged as if	16693
between attorney and client.	16694

(5) Any person who has been represented by the legal rights	16695
service or who has applied for and been denied representation and	16696
who files a grievance with the service concerning the	16697
representation or application may appeal the decision of the	16698
service on the grievance to the commission. The person may appeal	16699
notwithstanding any objections of the person's legal guardian. The	16700
commission may examine any records relevant to the appeal and	16701
shall maintain the confidentiality of any records that are	16702
required to be kept confidential.	16703

(H) The legal rights service, on the order of the	16704
administrator, with the approval by an affirmative vote of at	16705
least four members of the commission, may compel by subpoena the	16706
appearance and sworn testimony of any person the administrator	16707
reasonably believes may be able to provide information or to	16708
produce any documents, books, records, papers, or other	16709
information necessary to carry out its duties. On the refusal of	16710
any person to produce or authenticate any requested documents, the	16711
legal rights service may apply to the Franklin county court of	16712
common pleas to compel the production or authentication of	16713
requested documents. If the court finds that failure to produce or	16714
authenticate any requested documents was improper, the court may	16715
hold the person in contempt as in the case of disobedience of the	16716
requirements of a subpoena issued from the court, or a refusal to	16717
testify in the court.	16718

(I) The legal rights service may conduct public hearings.

16719

(J) The legal rights service may request from any	16720
governmental agency any cooperation, assistance, services, or data	16721
that will enable it to perform its duties.	16722

(K) In any malpractice action filed against the administrator	16723
of the legal rights service, a member of the staff of the legal	16724
rights service, or an attorney designated by the administrator to	16725
perform legal services under division (E) of this section, the	16726
state shall, when the administrator, member, or attorney has acted	16727
in good faith and in the scope of employment, indemnify the	16728
administrator, member, or attorney for any judgment awarded or	16729
amount negotiated in settlement, and for any court costs or legal	16730
fees incurred in defense of the claim.	16731

This division does not limit or waive, and shall not be	16732
construed to limit or waive, any defense that is available to the	16733
legal rights service, its administrator or employees, persons	16734
under a personal services contract with it, or persons designated	16735
under division (E) of this section, including, but not limited to,	16736
any defense available under section 9.86 of the Revised Code.	16737

(L) In addition to providing services to mentally ill,	16738
mentally retarded, or developmentally disabled persons, when a	16739
grant authorizing the provision of services to other individuals	16740
is accepted pursuant to division (F)(4) of this section, the legal	16741
rights service and its ombudsperson section may provide advocacy	16742
or ombudsperson services to those other individuals and exercise	16743
any other authority granted by this section or sections 5123.601	16744
to 5123.604 of the Revised Code on behalf of those individuals.	16745
Determinations of whether an individual is eligible for services	16746
under this division shall be made by the legal rights service.	16747

Sec. 5123.601. (A) As used in sections 5123.601 to 5123.604	16748
of the Revised Code, "provider" means any person or governmental	16749
agency that furnishes one or more services to one or more mentally	16750
retarded, developmentally disabled, or mentally ill persons.	16751

(B) There is hereby created within the legal rights service	16752
the ~~ombudsman~~ombudsperson section. The administrator of the legal	16753
rights service shall adopt rules in accordance with Chapter 119.	16754
of the Revised Code establishing procedures for receiving	16755
complaints and conducting investigations for the purposes of	16756
resolving and mediating complaints from mentally retarded,	16757
developmentally disabled, or mentally ill persons, their	16758
relatives, their guardians, and interested citizens, public	16759
officials, and governmental agencies or any deficiencies which	16760
come to its attention concerning any activity, practice, policy,	16761
or procedure it determines is adversely affecting or may adversely	16762
affect the health, safety, welfare, and civil or human rights of	16763
any mentally retarded, developmentally disabled, or mentally ill	16764
persons. After initial investigation, the section may decline to	16765
accept any complaint it determines is frivolous, vexatious, or not	16766
made in good faith. The section shall attempt to resolve the	16767
complaint at the lowest appropriate administrative level, unless	16768
otherwise provided by law. The procedures shall require the	16769
section to:	16770

(1) Acknowledge the receipt of a complaint by sending written	16771
notice to the complainant no more than seven days after it	16772
receives the complaint;	16773

(2) When appropriate, provide written notice to the	16774
department of ~~mental retardation and~~ developmental disabilities or	16775
the department of mental health and any other appropriate agency	16776
within seven days after receiving the complaint;	16777

(3) Immediately refer a complaint made under this section to	16778
the department of ~~mental retardation and~~ developmental	16779
disabilities and to any other appropriate governmental agency,	16780
whenever the complaint involves an immediate and substantial	16781
threat to the health or safety of a mentally retarded or	16782
developmentally disabled person, or to the department of mental	16783
health and to any other appropriate governmental agency, whenever	16784
the complaint involves an immediate and substantial threat to the	16785
health or safety of a mentally ill person. The department or an	16786
agency designated by the department shall report its findings and	16787
actions no later than forty-eight hours following its receipt of	16788
the complaint.	16789

(4) Within seven days after identifying a deficiency in the	16790
treatment of a mentally retarded, developmentally disabled, or	16791
mentally ill person that pertains to misconduct, breach of duty,	16792
or noncompliance with state or federal laws, local ordinances, or	16793
rules or regulations adopted under those laws or ordinances that	16794
are administered by a governmental agency, refer the matter in	16795
writing to the appropriate state agency. The state agency shall	16796
report on its actions and findings within seven days of receiving	16797
the matter.	16798

(5) Advise the complainant and any mentally retarded,	16799
developmentally disabled, or mentally ill person mentioned in the	16800
complaint, no more than thirty days after it receives the	16801
complaint, of any action it has taken and of any opinions and	16802
recommendations it has with respect to the complaint.	16803

(6) Attempt to resolve the complaint by using informal	16804
techniques of mediation, conciliation, and persuasion. If the	16805
complaint cannot be resolved by the use of these informal	16806
techniques or if the act, practice, policy, or procedure that is	16807
the subject of the complaint adversely affects the health, safety,	16808
welfare, or civil or human rights of a mentally retarded,	16809
developmentally disabled, or mentally ill person, the section may	16810
recommend to the appropriate authorities or the administrator of	16811
the legal rights service that appropriate actions be taken.	16812

(7) Report its opinions or recommendations to the parties	16813
involved after attempting to resolve a complaint through informal	16814
techniques of mediation, conciliation, or persuasion. The section	16815
may request any party affected by the opinions or recommendations	16816
to notify the section, within a time period specified by the	16817
section, of any action the party has taken on the section's	16818
recommendations.	16819

(C) The section may make public any of its opinions or	16820
recommendations concerning a complaint, the responses of persons	16821
and governmental agencies to its opinions or recommendations, and	16822
any act, practice, policy, or procedure that adversely affects or	16823
may adversely affect the health, safety, welfare, or civil or	16824
human rights of a mentally retarded, developmentally disabled, or	16825
mentally ill person.	16826

(D) The section shall at all times maintain confidentiality	16827
under sections 5123.601 to 5123.604 of the Revised Code concerning	16828
the identities of mentally retarded, developmentally disabled, or	16829
mentally ill persons, complainants, witnesses, and other involved	16830
parties who provide it with information unless the person, in	16831
writing, authorizes the release of the information.	16832

Nothing in this section shall prohibit the legal rights	16833
service from taking appropriate action when the administrator	16834
determines it is necessary.	16835

(E) Whenever information is disclosed indicating the	16836
commission of a crime or a violation of standards of professional	16837
conduct, the legal rights service shall, within seven days of	16838
receiving the complaint or identifying the information during its	16839
investigation, refer the matter to the attorney general, county	16840
prosecutor, other law enforcement official, or regulatory board,	16841
as appropriate, to investigate the crime or violation. The section	16842
may disclose any information permitted by law that is necessary to	16843
resolve the matter referred. The section shall monitor and	16844
maintain records on every matter it refers under this division.	16845

Sec. 5123.604. (A) No one shall take a discriminatory,	16846
disciplinary, or retaliatory action against any officer or	16847
employee of a provider, any mentally retarded, developmentally	16848
disabled, or mentally ill person, the parents or guardian of a	16849
mentally retarded, developmentally disabled, or mentally ill	16850
person, or any volunteer or advocate for a mentally retarded,	16851
developmentally disabled, or mentally ill person, for any	16852
communication these persons make or information they disclose in	16853
good faith to the ombudsperson section of the legal rights	16854
service.	16855

(B) No person shall knowingly interfere with lawful actions	16856
of the ombudsperson section, refuse entry to its representatives,	16857
fail to comply with its lawful demands, or offer any compensation,	16858
gratuity, or promise thereof in an effort to influence the outcome	16859
of any matter being considered by the section.	16860

(C) The department of ~~mental retardation and~~ developmental	16861
disabilities shall immediately notify the ombudsperson section of	16862
all investigations of major unusual incidents or life-threatening	16863
situations, as defined in rules adopted by the department,	16864
involving mentally retarded and developmentally disabled persons,	16865
and shall furnish copies of all relevant reports within	16866
forty-eight hours after receipt. The department of mental health	16867
shall notify the ombudsperson section of all major unusual	16868
incidents or life-threatening situations, as defined in rules	16869
adopted by the department, involving mentally ill persons within	16870
forty-eight hours after receipt of the report of the incident or	16871
situation. The departments of health and job and family services	16872
shall notify the department of ~~mental retardation and~~	16873
developmental disabilities of all allegations and investigations	16874
of abuse, neglect, or life-threatening situations involving	16875
mentally retarded or developmentally disabled persons. Any other	16876
state agency with information concerning abuse, neglect, or	16877
life-threatening situations involving mentally retarded or	16878
developmentally disabled persons shall report that information	16879
immediately to the department of ~~mental retardation and~~	16880
developmental disabilities.	16881

Nothing in this section or section 5123.60, 5123.601, or	16882
5123.602 of the Revised Code shall preclude any department or	16883
board, its contract agencies, a community residential facility, or	16884
other governmental entity from carrying out its responsibility as	16885
prescribed by law.	16886

Sec. 5123.61. (A) As used in this section:

16887

(1) "Law enforcement agency" means the state highway patrol,	16888
the police department of a municipal corporation, or a county	16889
sheriff.	16890

(2) "Abuse" has the same meaning as in section 5123.50 of the	16891
Revised Code, except that it includes a misappropriation, as	16892
defined in that section.	16893

(3) "Neglect" has the same meaning as in section 5123.50 of	16894
the Revised Code.	16895

(B) The department of ~~mental retardation and~~ developmental	16896
disabilities shall establish a registry office for the purpose of	16897
maintaining reports of abuse, neglect, and other major unusual	16898
incidents made to the department under this section and reports	16899
received from county boards of mental retardation and	16900
developmental disabilities under section 5126.31 of the Revised	16901
Code. The department shall establish committees to review reports	16902
of abuse, neglect, and other major unusual incidents.	16903

(C)(1) Any person listed in division (C)(2) of this section,	16904
having reason to believe that a person with mental retardation or	16905
a developmental disability has suffered or faces a substantial	16906
risk of suffering any wound, injury, disability, or condition of	16907
such a nature as to reasonably indicate abuse or neglect of that	16908
person, shall immediately report or cause reports to be made of	16909
such information to the entity specified in this division. Except	16910
as provided in section 5120.173 of the Revised Code or as	16911
otherwise provided in this division, the person making the report	16912
shall make it to a law enforcement agency or to the county board	16913
of mental retardation and developmental disabilities. If the	16914
report concerns a resident of a facility operated by the	16915
department of ~~mental retardation and~~ developmental disabilities	16916
the report shall be made either to a law enforcement agency or to	16917
the department. If the report concerns any act or omission of an	16918
employee of a county board of mental retardation and developmental	16919
disabilities, the report immediately shall be made to the	16920
department and to the county board.	16921

(2) All of the following persons are required to make a	16922
report under division (C)(1) of this section:	16923

(a) Any physician, including a hospital intern or resident,	16924
any dentist, podiatrist, chiropractor, practitioner of a limited	16925
branch of medicine as specified in section 4731.15 of the Revised	16926
Code, hospital administrator or employee of a hospital, nurse	16927
licensed under Chapter 4723. of the Revised Code, employee of an	16928
ambulatory health facility as defined in section 5101.61 of the	16929
Revised Code, employee of a home health agency, employee of an	16930
adult care facility licensed under Chapter 3722. of the Revised	16931
Code, or employee of a community mental health facility;	16932

(b) Any school teacher or school authority, social worker,	16933
psychologist, attorney, peace officer, coroner, or residents'	16934
rights advocate as defined in section 3721.10 of the Revised Code;	16935

(c) A superintendent, board member, or employee of a county	16936
board of mental retardation and developmental disabilities; an	16937
administrator, board member, or employee of a residential facility	16938
licensed under section 5123.19 of the Revised Code; an	16939
administrator, board member, or employee of any other public or	16940
private provider of services to a person with mental retardation	16941
or a developmental disability, or any MR/DD employee, as defined	16942
in section 5123.50 of the Revised Code;	16943

(d) A member of a citizen's advisory council established at	16944
an institution or branch institution of the department of ~~mental~~	16945
~~retardation and~~ developmental disabilities under section 5123.092	16946
of the Revised Code;	16947

(e) A clergyman who is employed in a position that includes	16948
providing specialized services to an individual with mental	16949
retardation or another developmental disability, while acting in	16950
an official or professional capacity in that position, or a person	16951
who is employed in a position that includes providing specialized	16952
services to an individual with mental retardation or another	16953
developmental disability and who, while acting in an official or	16954
professional capacity, renders spiritual treatment through prayer	16955
in accordance with the tenets of an organized religion.	16956

(3)(a) The reporting requirements of this division do not	16957
apply to members of the legal rights service commission or to	16958
employees of the legal rights service.	16959

(b) An attorney or physician is not required to make a report	16960
pursuant to division (C)(1) of this section concerning any	16961
communication the attorney or physician receives from a client or	16962
patient in an attorney-client or physician-patient relationship,	16963
if, in accordance with division (A) or (B) of section 2317.02 of	16964
the Revised Code, the attorney or physician could not testify with	16965
respect to that communication in a civil or criminal proceeding,	16966
except that the client or patient is deemed to have waived any	16967
testimonial privilege under division (A) or (B) of section 2317.02	16968
of the Revised Code with respect to that communication and the	16969
attorney or physician shall make a report pursuant to division	16970
(C)(1) of this section, if both of the following apply:	16971

(i) The client or patient, at the time of the communication,	16972
is a person with mental retardation or a developmental disability.	16973

(ii) The attorney or physician knows or suspects, as a result	16974
of the communication or any observations made during that	16975
communication, that the client or patient has suffered or faces a	16976
substantial risk of suffering any wound, injury, disability, or	16977
condition of a nature that reasonably indicates abuse or neglect	16978
of the client or patient.	16979

(4) Any person who fails to make a report required under	16980
division (C) of this section and who is an MR/DD employee, as	16981
defined in section 5123.50 of the Revised Code, shall be eligible	16982
to be included in the registry regarding misappropriation, abuse,	16983
neglect, or other specified misconduct by MR/DD employees	16984
established under section 5123.52 of the Revised Code.	16985

(D) The reports required under division (C) of this section	16986
shall be made forthwith by telephone or in person and shall be	16987
followed by a written report. The reports shall contain the	16988
following:	16989

(1) The names and addresses of the person with mental	16990
retardation or a developmental disability and the person's	16991
custodian, if known;	16992

(2) The age of the person with mental retardation or a	16993
developmental disability;	16994

(3) Any other information that would assist in the	16995
investigation of the report.	16996

(E) When a physician performing services as a member of the	16997
staff of a hospital or similar institution has reason to believe	16998
that a person with mental retardation or a developmental	16999
disability has suffered injury, abuse, or physical neglect, the	17000
physician shall notify the person in charge of the institution or	17001
that person's designated delegate, who shall make the necessary	17002
reports.	17003

(F) Any person having reasonable cause to believe that a	17004
person with mental retardation or a developmental disability has	17005
suffered or faces a substantial risk of suffering abuse or neglect	17006
may report or cause a report to be made of that belief to the	17007
entity specified in this division. Except as provided in section	17008
5120.173 of the Revised Code or as otherwise provided in this	17009
division, the person making the report shall make it to a law	17010
enforcement agency or the county board of mental retardation and	17011
developmental disabilities. If the person is a resident of a	17012
facility operated by the department of ~~mental retardation and~~	17013
developmental disabilities, the report shall be made to a law	17014
enforcement agency or to the department. If the report concerns	17015
any act or omission of an employee of a county board of mental	17016
retardation and developmental disabilities, the report immediately	17017
shall be made to the department and to the county board.	17018

(G)(1) Upon the receipt of a report concerning the possible	17019
abuse or neglect of a person with mental retardation or a	17020
developmental disability, the law enforcement agency shall inform	17021
the county board of mental retardation and developmental	17022
disabilities or, if the person is a resident of a facility	17023
operated by the department of ~~mental retardation and~~ developmental	17024
disabilities, the director of the department or the director's	17025
designee.	17026

(2) On receipt of a report under this section that includes	17027
an allegation of action or inaction that may constitute a crime	17028
under federal law or the law of this state, the department of	17029
~~mental retardation and~~ developmental disabilities shall notify the	17030
law enforcement agency.	17031

(3) When a county board of mental retardation and	17032
developmental disabilities receives a report under this section	17033
that includes an allegation of action or inaction that may	17034
constitute a crime under federal law or the law of this state, the	17035
superintendent of the board or an individual the superintendent	17036
designates under division (H) of this section shall notify the law	17037
enforcement agency. The superintendent or individual shall notify	17038
the department of ~~mental retardation and~~ developmental	17039
disabilities when it receives any report under this section.	17040

(4) When a county board of mental retardation and	17041
developmental disabilities receives a report under this section	17042
and believes that the degree of risk to the person is such that	17043
the report is an emergency, the superintendent of the board or an	17044
employee of the board the superintendent designates shall attempt	17045
a face-to-face contact with the person with mental retardation or	17046
a developmental disability who allegedly is the victim within one	17047
hour of the board's receipt of the report.	17048

(H) The superintendent of the board may designate an	17049
individual to be responsible for notifying the law enforcement	17050
agency and the department when the county board receives a report	17051
under this section.	17052

(I) An adult with mental retardation or a developmental	17053
disability about whom a report is made may be removed from the	17054
adult's place of residence only by law enforcement officers who	17055
consider that the adult's immediate removal is essential to	17056
protect the adult from further injury or abuse or in accordance	17057
with the order of a court made pursuant to section 5126.33 of the	17058
Revised Code.	17059

(J) A law enforcement agency shall investigate each report of	17060
abuse or neglect it receives under this section. In addition, the	17061
department, in cooperation with law enforcement officials, shall	17062
investigate each report regarding a resident of a facility	17063
operated by the department to determine the circumstances	17064
surrounding the injury, the cause of the injury, and the person	17065
responsible. The investigation shall be in accordance with the	17066
memorandum of understanding prepared under section 5126.058 of the	17067
Revised Code. The department shall determine, with the registry	17068
office which shall be maintained by the department, whether prior	17069
reports have been made concerning an adult with mental retardation	17070
or a developmental disability or other principals in the case. If	17071
the department finds that the report involves action or inaction	17072
that may constitute a crime under federal law or the law of this	17073
state, it shall submit a report of its investigation, in writing,	17074
to the law enforcement agency. If the person with mental	17075
retardation or a developmental disability is an adult, with the	17076
consent of the adult, the department shall provide such protective	17077
services as are necessary to protect the adult. The law	17078
enforcement agency shall make a written report of its findings to	17079
the department.	17080

If the person is an adult and is not a resident of a facility	17081
operated by the department, the county board of mental retardation	17082
and developmental disabilities shall review the report of abuse or	17083
neglect in accordance with sections 5126.30 to 5126.33 of the	17084
Revised Code and the law enforcement agency shall make the written	17085
report of its findings to the county board.	17086

(K) Any person or any hospital, institution, school, health	17087
department, or agency participating in the making of reports	17088
pursuant to this section, any person participating as a witness in	17089
an administrative or judicial proceeding resulting from the	17090
reports, or any person or governmental entity that discharges	17091
responsibilities under sections 5126.31 to 5126.33 of the Revised	17092
Code shall be immune from any civil or criminal liability that	17093
might otherwise be incurred or imposed as a result of such actions	17094
except liability for perjury, unless the person or governmental	17095
entity has acted in bad faith or with malicious purpose.	17096

(L) No employer or any person with the authority to do so	17097
shall discharge, demote, transfer, prepare a negative work	17098
performance evaluation, reduce pay or benefits, terminate work	17099
privileges, or take any other action detrimental to an employee or	17100
retaliate against an employee as a result of the employee's having	17101
made a report under this section. This division does not preclude	17102
an employer or person with authority from taking action with	17103
regard to an employee who has made a report under this section if	17104
there is another reasonable basis for the action.	17105

(M) Reports made under this section are not public records as	17106
defined in section 149.43 of the Revised Code. Information	17107
contained in the reports on request shall be made available to the	17108
person who is the subject of the report, to the person's legal	17109
counsel, and to agencies authorized to receive information in the	17110
report by the department or by a county board of mental	17111
retardation and developmental disabilities.	17112

(N) Notwithstanding section 4731.22 of the Revised Code, the	17113
physician-patient privilege shall not be a ground for excluding	17114
evidence regarding the injuries or physical neglect of a person	17115
with mental retardation or a developmental disability or the cause	17116
thereof in any judicial proceeding resulting from a report	17117
submitted pursuant to this section.	17118

Sec. 5123.611. (A) As used in this section, "MR/DD employee"	17119
means all of the following:	17120

(1) An employee of the department of ~~mental retardation and~~	17121
developmental disabilities;	17122

(2) An employee of a county board of mental retardation and	17123
developmental disabilities;	17124

(3) An employee in a position that includes providing	17125
specialized services, as defined in section 5123.50 of the Revised	17126
Code, to an individual with mental retardation or a developmental	17127
disability.	17128

(B) At the conclusion of a review of a report of abuse,	17129
neglect, or a major unusual incident that is conducted by a review	17130
committee established pursuant to section 5123.61 of the Revised	17131
Code, the committee shall issue recommendations to the department.	17132
The department shall review the committee's recommendations and	17133
issue a report of its findings. The department shall make the	17134
report available to all of the following:	17135

(1) The individual with mental retardation or a developmental	17136
disability who is the subject of the report;	17137

(2) That individual's guardian or legal counsel;

17138

(3) The licensee, as defined in section 5123.19 of the	17139
Revised Code, of a residential facility in which the individual	17140
resides;	17141

(4) The employer of any MR/DD employee who allegedly	17142
committed or was responsible for the abuse, neglect, or major	17143
unusual incident.	17144

(C) Except as provided in this section, the department shall	17145
not disclose its report to any person or government entity that is	17146
not authorized to investigate reports of abuse, neglect, or other	17147
major unusual incidents, unless the individual with mental	17148
retardation or a developmental disability who is the subject of	17149
the report or the individual's guardian gives the department	17150
written consent.	17151

Sec. 5123.612. The director of ~~mental retardation and~~	17152
developmental disabilities shall adopt rules in accordance with	17153
Chapter 119. of the Revised Code regarding the reporting of major	17154
unusual incidents and unusual incidents concerning persons with	17155
mental retardation or a developmental disability. The rules shall	17156
specify what constitutes a major unusual incident or an unusual	17157
incident.	17158

Sec. 5123.613. (A) When a person who is the subject of a	17159
report under section 5123.61 of the Revised Code dies, the	17160
department of ~~mental retardation and~~ developmental disabilities or	17161
the county board of mental retardation and developmental	17162
disabilities, whichever is applicable, shall, on written request,	17163
provide to both of the following persons the report and any	17164
records relating to the report:	17165

(1) If the report or records are necessary to administer the	17166
estate of the person who is the subject of the report, to the	17167
executor or administrator of the person's estate;	17168

(2) To the guardian of the person who is the subject of the	17169
report or, if the individual had no guardian at the time of death,	17170
to a person in the first applicable of the following categories:	17171

(a) The person's spouse;

17172

(b) The person's children;

17173

17174

(d) The person's brothers or sisters;

17175

(e) The person's uncles or aunts;

17176

(f) The person's closest relative by blood or adoption;

17177

(g) The person's closest relative by marriage.

17178

(B) The department or county board shall provide the report	17179
and related records as required by this section not later than	17180
thirty days after receipt of the request."	17181

Sec. 5123.614. (A) Subject to division (B) of this section,	17182
on receipt of a report of a major unusual incident made pursuant	17183
to section 5123.61 or 5126.31 of the Revised Code or rules adopted	17184
under section 5123.612 of the Revised Code, the department of	17185
~~mental retardation and~~ developmental disabilities may do either of	17186
the following:	17187

(1) Conduct an independent review or investigation of the	17188
incident;	17189

(2) Request that an independent review or investigation of	17190
the incident be conducted by a county board of mental retardation	17191
and developmental disabilities that is not implicated in the	17192
report, a regional council of government, or any other entity	17193
authorized to conduct such investigations.	17194

(B) If a report described in division (A) of this section	17195
concerning the health or safety of a person with mental	17196
retardation or a developmental disability involves an allegation	17197
that an employee of a county board of mental retardation and	17198
developmental disabilities has created a substantial risk of	17199
serious physical harm to a person with mental retardation or a	17200
developmental disability, the department shall do one of the	17201
following:	17202

(1) Conduct an independent investigation regarding the	17203
incident;	17204

(2) Request that an independent review or investigation of	17205
the incident be conducted by a county board of mental retardation	17206
and developmental disabilities that is not implicated in the	17207
report, a regional council of government, or any other entity	17208
authorized to conduct such investigations.	17209

Sec. 5123.63. Every state agency, county board of mental	17210
retardation and developmental disabilities, or political	17211
subdivision that provides services, either directly or through a	17212
contract, to persons with mental retardation or a developmental	17213
disability shall give each provider a copy of the list of rights	17214
contained in section 5123.62 of the Revised Code. Each public and	17215
private provider of services shall carry out the requirements of	17216
this section in addition to any other posting or notification	17217
requirements imposed by local, state, or federal law or rules.	17218

The provider shall make copies of the list of rights and	17219
shall be responsible for an initial distribution of the list to	17220
each individual receiving services from the provider. If the	17221
individual is unable to read the list, the provider shall	17222
communicate the contents of the list to the individual to the	17223
extent practicable in a manner that the individual understands.	17224
The individual receiving services or the parent, guardian, or	17225
advocate of the individual shall sign an acknowledgement of	17226
receipt of a copy of the list of rights, and a copy of the signed	17227
acknowledgement shall be placed in the individual's file. The	17228
provider shall also be responsible for answering any questions and	17229
giving any explanations necessary to assist the individual to	17230
understand the rights enumerated. Instruction in these rights	17231
shall be documented.	17232

Each provider shall make available to all persons receiving	17233
services and all employees and visitors a copy of the list of	17234
rights and the addresses and telephone numbers of the legal rights	17235
service, the department of ~~mental retardation and~~ developmental	17236
disabilities, and the county board of mental retardation and	17237
developmental disabilities of the county in which the provider	17238
provides services.	17239

Sec. 5123.64. (A) Every provider of services to persons with	17240
mental retardation or a developmental disability shall establish	17241
policies and programs to ensure that all staff members are	17242
familiar with the rights enumerated in section 5123.62 of the	17243
Revised Code and observe those rights in their contacts with	17244
persons receiving services. Any policy, procedure, or rule of the	17245
provider that conflicts with any of the rights enumerated shall be	17246
null and void. Every provider shall establish written procedures	17247
for resolving complaints of violations of those rights. A copy of	17248
the procedures shall be provided to any person receiving services	17249
or to any parent, guardian, or advocate of a person receiving	17250
services.	17251

(B) Any person with mental retardation or a developmental	17252
disability who believes that the person's rights as enumerated in	17253
section 5123.62 of the Revised Code have been violated may:	17254

(1) Bring the violation to the attention of the provider for	17255
resolution;	17256

(2) Report the violation to the department of ~~mental~~	17257
~~retardation and~~ developmental disabilities, the ombudsperson	17258
section of the legal rights service, or the appropriate county	17259
board of mental retardation and developmental disabilities;	17260

(3) Take any other appropriate action to ensure compliance	17261
with sections 5123.60 to 5123.64 of the Revised Code, including	17262
the filing of a legal action to enforce rights or to recover	17263
damages for violation of rights.	17264

Sec. 5123.65. In addition to the rights specified in section	17265
5123.62 of the Revised Code, individuals with mental retardation	17266
and developmental disabilities who can safely self-administer	17267
medication or receive assistance with self-administration of	17268
medication have the right to self-administer medication or receive	17269
assistance with the self-administration of medication. The	17270
department of ~~mental retardation and~~ developmental disabilities	17271
shall adopt rules as it considers necessary to implement and	17272
enforce this section. The rules shall be adopted in accordance	17273
with Chapter 119. of the Revised Code.	17274

Sec. 5123.71. (A)(1) Proceedings for the involuntary	17275
institutionalization of a person pursuant to sections 5123.71 to	17276
5123.76 of the Revised Code shall be commenced by the filing of an	17277
affidavit with the probate division of the court of common pleas	17278
of the county where the person resides or where the person is	17279
institutionalized, in the manner and form prescribed by the	17280
department of ~~mental retardation and~~ developmental disabilities	17281
either on information or actual knowledge, whichever is determined	17282
to be proper by the court. The affidavit may be filed only by a	17283
person who has custody of the individual as a parent, guardian, or	17284
service provider or by a person acting on behalf of the department	17285
or a county board of mental retardation and developmental	17286
disabilities. This section does not apply regarding the	17287
institutionalization of a person pursuant to section 2945.39,	17288
2945.40, 2945.401, or 2945.402 of the Revised Code.	17289

The affidavit shall contain an allegation setting forth the	17290
specific category or categories under division (O) of section	17291
5123.01 of the Revised Code upon which the commencement of	17292
proceedings is based and a statement of the factual ground for the	17293
belief that the person is a mentally retarded person subject to	17294
institutionalization by court order. Except as provided in	17295
division (A)(2) of this section, the affidavit shall be	17296
accompanied by both of the following:	17297

(a) A comprehensive evaluation report prepared by the	17298
person's evaluation team that includes a statement by the members	17299
of the team certifying that they have performed a comprehensive	17300
evaluation of the person and that they are of the opinion that the	17301
person is a mentally retarded person subject to	17302
institutionalization by court order;	17303

(b) An assessment report prepared by the county board of	17304
mental retardation and developmental disabilities under section	17305
5123.711 of the Revised Code specifying that the individual is in	17306
need of services on an emergency or priority basis.	17307

(2) In lieu of the comprehensive evaluation report, the	17308
affidavit may be accompanied by a written and sworn statement that	17309
the person or the guardian of a person adjudicated incompetent has	17310
refused to allow a comprehensive evaluation and county board	17311
assessment and assessment reports. Immediately after accepting an	17312
affidavit that is not accompanied by the reports of a	17313
comprehensive evaluation and county board assessment, the court	17314
shall cause a comprehensive evaluation and county board assessment	17315
of the person named in the affidavit to be performed. The	17316
evaluation shall be conducted in the least restrictive environment	17317
possible and the assessment shall be conducted in the same manner	17318
as assessments conducted under section 5123.711 of the Revised	17319
Code. The evaluation and assessment must be completed before a	17320
probable cause hearing or full hearing may be held under section	17321
5123.75 or 5123.76 of the Revised Code.	17322

A written report of the evaluation team's findings and the	17323
county board's assessment shall be filed with the court. The	17324
reports shall, consistent with the rules of evidence, be accepted	17325
as probative evidence in any proceeding under section 5123.75 or	17326
5123.76 of the Revised Code. If the counsel for the person who is	17327
evaluated or assessed is known, the court shall send to the	17328
counsel a copy of the reports as soon as possible after they are	17329
filed and prior to any proceedings under section 5123.75 or	17330
5123.76 of the Revised Code.	17331

(B) Any person who is involuntarily detained in an	17332
institution or otherwise is in custody under this chapter shall be	17333
informed of the right to do the following:	17334

(1) Immediately make a reasonable number of telephone calls	17335
or use other reasonable means to contact an attorney, a physician,	17336
or both, to contact any other person or persons to secure	17337
representation by counsel, or to obtain medical assistance, and be	17338
provided assistance in making calls if the assistance is needed	17339
and requested;	17340

(2) Retain counsel and have independent expert evaluation	17341
and, if the person is an indigent person, be represented by	17342
court-appointed counsel and have independent expert evaluation at	17343
court expense;	17344

(3) Upon request, have a hearing to determine whether there	17345
is probable cause to believe that the person is a mentally	17346
retarded person subject to institutionalization by court order.	17347

(C) No person who is being treated by spiritual means through	17348
prayer alone in accordance with a recognized religious method of	17349
healing may be ordered detained or involuntarily committed unless	17350
the court has determined that the person represents a very	17351
substantial risk of self-impairment, self-injury, or impairment or	17352
injury to others.	17353

Sec. 5123.711. (A) As used in this section:

17354

(1) "Emergency" means either of the following that creates a	17355
risk of substantial harm to an individual or others if action is	17356
not taken within thirty days:	17357

(a) Health and safety conditions that pose a serious risk of	17358
immediate harm or death to the individual or others;	17359

(b) Changes in the emotional or physical condition of an	17360
individual that necessitates substantial accommodation that cannot	17361
reasonably be provided by the individual's existing caretaker.	17362

(2) "Priority" means a situation creating a risk of	17363
substantial harm to an individual or others, but for which action	17364
within thirty days is not necessary.	17365

(3) "Resources" has the same meaning as in section 5126.01 of	17366
the Revised Code.	17367

(B) Prior to filing an affidavit under section 5123.71 of the	17368
Revised Code for the involuntary institutionalization of an	17369
individual, a person who is eligible to file under that section	17370
and intends to do so shall request that the county board of mental	17371
retardation and developmental disabilities conduct an assessment	17372
of the individual's needs. Not later than thirty days after the	17373
date a request is received, the board shall complete the	17374
assessment and provide to the person a report of its findings and	17375
recommendations. The report shall be delivered by certified mail.	17376

Within three working days after receiving a request for an	17377
assessment, the board shall notify the department of ~~mental~~	17378
~~retardation and~~ developmental disabilities that the request has	17379
been made and that there is the potential for court-ordered	17380
institutionalization of an individual. The department may provide	17381
assistance to the board in the performance of the assessment.	17382

(C) The board's assessment of an individual's needs shall	17383
include the following:	17384

(1) A determination of the current needs of the individual,	17385
including an appropriate plan for services;	17386

(2) A determination of whether the community is the least	17387
restrictive environment in which the individual may be	17388
appropriately served;	17389

(3) A determination of whether the individual meets the	17390
conditions for assistance on an emergency or priority basis;	17391

(4) Identification of available resources to meet the	17392
individual's needs, including service providers with the	17393
capability of appropriately meeting those needs, special ancillary	17394
services, and moneys to pay for the services necessary to meet the	17395
individual's needs within the community rather than in a state	17396
institution.	17397

(D) If the board's assessment of an individual identifies	17398
that county resources are available to meet the individual's needs	17399
in the community, the board shall provide services to the	17400
individual or arrange for the provision of services. If county	17401
resources are not available, the board shall petition the	17402
department of ~~mental retardation and~~ developmental disabilities	17403
for necessary resources that may be available from the department.	17404

Sec. 5123.72. ~~Except as provided in division (B) of this~~	17405
~~section, the~~The director of ~~mental retardation and~~ developmental	17406
disabilities shall designate a person to present the case on	17407
behalf of the state at the hearings provided for in sections	17408
5123.75 and 5123.76 of the Revised Code. The designee of the	17409
director also may present the case on behalf of the state in any	17410
other hearing provided for in this chapter.	17411

Sec. 5123.73. (A) After receipt of the affidavit required by	17412
section 5123.71 of the Revised Code, the court shall cause written	17413
notice, by mail or otherwise, of any hearing the court directs, to	17414
be given to all of the following persons:	17415

(1) The respondent;

17416

(2) The respondent's legal guardian, if any;

17417

(3) The respondent's spouse, if address is known;

17418

(4) The person filing the affidavit;

17419

(5) Any one person designated by the respondent, except that	17420
if the respondent does not make a selection, the notice shall be	17421
sent to the adult next of kin other than the person who filed the	17422
affidavit, if that person's address is known to the court;	17423

(6) The respondent's counsel;

17424

(7) The director of ~~mental retardation and~~ developmental	17425
disabilities or the director's designee under section 5123.72 of	17426
the Revised Code.	17427

(B) All persons entitled to notice under this section may	17428
waive that notice.	17429

(C) A copy of the affidavit and of any temporary order shall	17430
be served with a notice under this section.	17431

Sec. 5123.75. A respondent who is involuntarily placed in an	17432
institution or other place as designated in section 5123.77 of the	17433
Revised Code or with respect to whom proceedings have been	17434
instituted under section 5123.71 of the Revised Code shall, on	17435
request of the respondent, ~~his~~the respondent's guardian, or ~~his~~	17436
the respondent's counsel, or upon the court's own motion, be	17437
afforded a hearing to determine whether there is probable cause to	17438
believe that the respondent is a mentally retarded person subject	17439
to institutionalization by court order.	17440

(A) The probable cause hearing shall be conducted within two	17441
court days from the day on which the request is made. Failure to	17442
conduct the probable cause hearing within this time shall effect	17443
an immediate discharge of the respondent. If the proceedings are	17444
not reinstituted within thirty days, records of the proceedings	17445
shall be expunged.	17446

(B) The respondent shall be informed that hethe respondent	17447
may retain counsel and have independent expert evaluation and, if	17448
hethe respondent is an indigent person, be represented by court	17449
appointed counsel and have independent expert evaluation at court	17450
expense.	17451

(C) The probable cause hearing shall be conducted in a manner	17452
consistent with the procedures set forth in division (A) of	17453
section 5123.76 of the Revised Code, except divisions (A)(10) and	17454
(14) of that section, and the designee of the director of ~~mental~~	17455
~~retardation and~~ developmental disabilities shall present evidence	17456
for the state.	17457

(D) If the court does not find probable cause to believe that	17458
the respondent is a mentally retarded person subject to	17459
institutionalization by court order, it shall order immediate	17460
release of the respondent and dismiss and expunge all record of	17461
the proceedings under this chapter.	17462

(E) On motion of the respondent or ~~his~~the respondent's	17463
counsel and for good cause shown, the court may order a	17464
continuance of the hearing.	17465

(F) If the court finds probable cause to believe that the	17466
respondent is a mentally retarded person subject to	17467
institutionalization by court order, the court may issue an	17468
interim order of placement and, where proceedings under section	17469
5123.71 of the Revised Code have been instituted, shall order a	17470
full hearing as provided in section 5123.76 of the Revised Code to	17471
be held on the question of whether the respondent is a mentally	17472
retarded person subject to institutionalization by court order.	17473
Unless specifically waived by the respondent or the respondent's	17474
counsel, the court shall schedule said hearing to be held as soon	17475
as possible within ten days from the probable cause hearing. A	17476
waiver of such full hearing at this point shall not preclude the	17477
respondent from asserting the respondent's right to such hearing	17478
under section 5123.76 of the Revised Code at any time prior to the	17479
mandatory hearing provided in division (H) of section 5123.76 of	17480
the Revised Code. In any case, if the respondent has waived ~~his~~	17481
the right to the full hearing, a mandatory hearing shall be held	17482
under division (H) of section 5123.76 of the Revised Code between	17483
the ninetieth and the one hundredth day after the original	17484
involuntary detention of the person unless the respondent has been	17485
discharged.	17486

(G) Whenever possible, the probable cause hearing shall be	17487
held before the respondent is taken into custody.	17488

Sec. 5123.76. (A) The full hearing shall be conducted in a	17489
manner consistent with the procedures outlined in this chapter and	17490
with due process of law. The hearing shall be held by a judge of	17491
the probate division or, upon transfer by the judge of the probate	17492
division, by another judge of the court of common pleas, or a	17493
referee designated by the judge of the probate division. Any	17494
referee designated by the judge of the probate division must be an	17495
attorney.	17496

(1) The following shall be made available to counsel for the	17497
respondent:	17498

(a) All relevant documents, information, and evidence in the	17499
custody or control of the state or prosecutor;	17500

(b) All relevant documents, information, and evidence in the	17501
custody or control of the institution, facility, or program in	17502
which the respondent currently is held or in which the respondent	17503
has been held pursuant to these proceedings;	17504

(c) With the consent of the respondent, all relevant	17505
documents, information, and evidence in the custody or control of	17506
any institution or person other than the state.	17507

(2) The respondent has the right to be represented by counsel	17508
of the respondent's choice and has the right to attend the hearing	17509
except if unusual circumstances of compelling medical necessity	17510
exist that render the respondent unable to attend and the	17511
respondent has not expressed a desire to attend.	17512

(3) If the respondent is not represented by counsel and the	17513
court determines that the conditions specified in division (A)(2)	17514
of this section justify the respondent's absence and the right to	17515
counsel has not been validly waived, the court shall appoint	17516
counsel forthwith to represent the respondent at the hearing,	17517
reserving the right to tax costs of appointed counsel to the	17518
respondent unless it is shown that the respondent is indigent. If	17519
the court appoints counsel, or if the court determines that the	17520
evidence relevant to the respondent's absence does not justify the	17521
absence, the court shall continue the case.	17522

(4) The respondent shall be informed of the right to retain	17523
counsel, to have independent expert evaluation, and, if an	17524
indigent person, to be represented by court appointed counsel and	17525
have expert independent evaluation at court expense.	17526

(5) The hearing may be closed to the public unless counsel	17527
for the respondent requests that the hearing be open to the	17528
public.	17529

(6) Unless objected to by the respondent, the respondent's	17530
counsel, or the designee of the director of ~~mental retardation and~~	17531
developmental disabilities, the court, for good cause shown, may	17532
admit persons having a legitimate interest in the proceedings.	17533

(7) The affiant under section 5123.71 of the Revised Code	17534
shall be subject to subpoena by either party.	17535

(8) The court shall examine the sufficiency of all documents	17536
filed and shall inform the respondent, if present, and the	17537
respondent's counsel of the nature of the content of the documents	17538
and the reason for which the respondent is being held or for which	17539
the respondent's placement is being sought.	17540

(9) The court shall receive only relevant, competent, and	17541
material evidence.	17542

(10) The designee of the director shall present the evidence	17543
for the state. In proceedings under this chapter, the attorney	17544
general shall present the comprehensive evaluation, assessment,	17545
diagnosis, prognosis, record of habilitation and care, if any, and	17546
less restrictive habilitation plans, if any. The attorney general	17547
does not have a similar presentation responsibility in connection	17548
with a person who has been found not guilty by reason of insanity	17549
and who is the subject of a hearing under section 2945.40 of the	17550
Revised Code to determine whether the person is a mentally	17551
retarded person subject to institutionalization by court order.	17552

(11) The respondent has the right to testify and the	17553
respondent or the respondent's counsel has the right to subpoena	17554
witnesses and documents and to present and cross-examine	17555
witnesses.	17556

(12) The respondent shall not be compelled to testify and	17557
shall be so advised by the court.	17558

(13) On motion of the respondent or the respondent's counsel	17559
for good cause shown, or upon the court's own motion, the court	17560
may order a continuance of the hearing.	17561

(14) To an extent not inconsistent with this chapter, the	17562
Rules of Civil Procedure shall be applicable.	17563

(B) Unless, upon completion of the hearing, the court finds	17564
by clear and convincing evidence that the respondent named in the	17565
affidavit is a mentally retarded person subject to	17566
institutionalization by court order, it shall order the	17567
respondent's discharge forthwith.	17568

(C) If, upon completion of the hearing, the court finds by	17569
clear and convincing evidence that the respondent is a mentally	17570
retarded person subject to institutionalization by court order,	17571
the court may order the respondent's discharge or order the	17572
respondent, for a period not to exceed ninety days, to any of the	17573
following:	17574

(1) A public institution, provided that commitment of the	17575
respondent to the institution will not cause the institution to	17576
exceed its licensed capacity determined in accordance with section	17577
5123.19 of the Revised Code and provided that such a placement is	17578
indicated by the comprehensive evaluation report filed pursuant to	17579
section 5123.71 of the Revised Code;	17580

(2) A private institution;

17581

(3) A county mental retardation program;

17582

(4) Receive private habilitation and care;

17583

(5) Any other suitable facility, program, or the care of any	17584
person consistent with the comprehensive evaluation, assessment,	17585
diagnosis, prognosis, and habilitation needs of the respondent.	17586

(D) Any order made pursuant to division (C)(2), (4), or (5)	17587
of this section shall be conditional upon the receipt by the court	17588
of consent by the facility, program, or person to accept the	17589
respondent.	17590

(E) In determining the place to which, or the person with	17591
whom, the respondent is to be committed, the court shall consider	17592
the comprehensive evaluation, assessment, diagnosis, and projected	17593
habilitation plan for the respondent, and shall order the	17594
implementation of the least restrictive alternative available and	17595
consistent with habilitation goals.	17596

(F) If, at any time it is determined by the director of the	17597
facility or program to which, or the person to whom, the	17598
respondent is committed that the respondent could be equally well	17599
habilitated in a less restrictive environment that is available,	17600
the following shall occur:	17601

(1) The respondent shall be released by the director of the	17602
facility or program or by the person forthwith and referred to the	17603
court together with a report of the findings and recommendations	17604
of the facility, program, or person.	17605

(2) The director of the facility or program or the person	17606
shall notify the respondent's counsel and the designee of the	17607
director of ~~mental retardation and~~ developmental disabilities.	17608

(3) The court shall dismiss the case or order placement in	17609
the less restrictive environment.	17610

(G)(1) Except as provided in divisions (G)(2) and (3) of this	17611
section, any person who has been committed under this section may	17612
apply at any time during the ninety-day period for voluntary	17613
admission to an institution under section 5123.69 of the Revised	17614
Code. Upon admission of a voluntary resident, the managing officer	17615
immediately shall notify the court, the respondent's counsel, and	17616
the designee of the director in writing of that fact by mail or	17617
otherwise, and, upon receipt of the notice, the court shall	17618
dismiss the case.	17619

(2) A person who is found incompetent to stand trial or not	17620
guilty by reason of insanity and who is committed pursuant to	17621
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	17622
Code shall not be voluntarily admitted to an institution pursuant	17623
to division (G)(1) of this section until after the termination of	17624
the commitment, as described in division (J) of section 2945.401	17625
of the Revised Code.	17626

(H) If, at the end of any commitment period, the respondent	17627
has not already been discharged or has not requested voluntary	17628
admission status, the director of the facility or program, or the	17629
person to whose care the respondent has been committed, shall	17630
discharge the respondent forthwith, unless at least ten days	17631
before the expiration of that period the designee of the director	17632
of ~~mental retardation and~~ developmental disabilities or the	17633
prosecutor files an application with the court requesting	17634
continued commitment.	17635

(1) An application for continued commitment shall include a	17636
written report containing a current comprehensive evaluation and	17637
assessment, a diagnosis, a prognosis, an account of progress and	17638
past habilitation, and a description of alternative habilitation	17639
settings and plans, including a habilitation setting that is the	17640
least restrictive setting consistent with the need for	17641
habilitation. A copy of the application shall be provided to	17642
respondent's counsel. The requirements for notice under section	17643
5123.73 of the Revised Code and the provisions of divisions (A) to	17644
(E) of this section apply to all hearings on such applications.	17645

(2) A hearing on the first application for continued	17646
commitment shall be held at the expiration of the first ninety-day	17647
period. The hearing shall be mandatory and may not be waived.	17648

(3) Subsequent periods of commitment not to exceed one	17649
hundred eighty days each may be ordered by the court if the	17650
designee of the director of ~~mental retardation and~~ developmental	17651
disabilities files an application for continued commitment, after	17652
a hearing is held on the application or without a hearing if no	17653
hearing is requested and no hearing required under division (H)(4)	17654
of this section is waived. Upon the application of a person	17655
involuntarily committed under this section, supported by an	17656
affidavit of a licensed physician alleging that the person is no	17657
longer a mentally retarded person subject to institutionalization	17658
by court order, the court for good cause shown may hold a full	17659
hearing on the person's continued commitment prior to the	17660
expiration of any subsequent period of commitment set by the	17661
court.	17662

(4) A mandatory hearing shall be held at least every two	17663
years after the initial commitment.	17664

(5) If the court, after a hearing upon a request to continue	17665
commitment, finds that the respondent is a mentally retarded	17666
person subject to institutionalization by court order, the court	17667
may make an order pursuant to divisions (C), (D), and (E) of this	17668
section.	17669

(I) Notwithstanding the provisions of division (H) of this	17670
section, no person who is found to be a mentally retarded person	17671
subject to institutionalization by court order pursuant to	17672
division (O)(2) of section 5123.01 of the Revised Code shall be	17673
held under involuntary commitment for more than five years.	17674

(J) The managing officer admitting a person pursuant to a	17675
judicial proceeding, within ten working days of the admission,	17676
shall make a report of the admission to the department.	17677

Sec. 5123.801. If neither a discharged resident, nor a	17678
resident granted trial visit, nor the persons requesting the	17679
resident's trial visit or discharge are financially able to bear	17680
the expense of the resident's trial visit or discharge, the	17681
managing officer of an institution under the control of the	17682
department of ~~mental retardation and~~ developmental disabilities	17683
may then provide actual traveling and escort expenses to the	17684
township of which the resident resided at the time of	17685
institutionalization. The amount payable shall be charged to the	17686
current expense fund of the institution.	17687

The expense of the return of a resident on trial visit from	17688
an institution, if it cannot be paid by the responsible relatives,	17689
shall be borne by the county of institutionalization.	17690

The managing officer of the institution shall provide	17691
sufficient and proper clothing for traveling if neither the	17692
resident nor the persons requesting the resident's trial visit or	17693
discharge are financially able to provide that clothing.	17694

Sec. 5123.81. When an involuntarily committed resident of an	17695
institution for the mentally retarded is absent without leave, an	17696
order shall be issued within five days after ~~his~~the resident's	17697
absence requiring the resident to be taken into custody by any	17698
health or police officer, or sheriff and transported to the	17699
institution from which the resident is absent. The order may be	17700
issued by the director of ~~mental retardation and~~ developmental	17701
disabilities, the managing officer of the institution from which	17702
the resident is absent, or the probate judge of the county from	17703
which the resident was ordered institutionalized or in which he is	17704
found. The officer who takes the resident into custody shall	17705
immediately notify the issuer of the order.	17706

Sec. 5123.811. The managing officer of an institution under	17707
the control of the department of ~~mental retardation and~~	17708
developmental disabilities shall immediately report the removal,	17709
death, absence without leave, discharge, or trial visit of any	17710
resident, or return of an absent without leave or visiting	17711
resident to the department, the probate judge of the county from	17712
which such resident was institutionalized, and the probate judge	17713
of the county of the residence of such resident. In case of death,	17714
the managing officer shall also notify one or more of the nearest	17715
relatives of the deceased resident, if known to ~~him~~the managing	17716
officer, by letter, telegram, or telephone. If the place of	17717
residence of such relative is unknown to the managing officer,	17718
immediately upon receiving notification, the probate judge shall	17719
in the speediest manner possible notify such relatives, if known	17720
to ~~him~~the probate judge.	17721

The managing officer of the institution shall, upon the	17722
request of the probate judge of the county from which such	17723
resident was institutionalized or the probate judge of the county	17724
of the residence of such resident, make a report to such judge of	17725
the condition of any resident under the care, treatment, custody,	17726
or control of such managing officer.	17727

Sec. 5123.82. (A) Any person who has been institutionalized	17728
under this chapter may, at any time after discharge from such	17729
institution, make application to the managing officer of any	17730
public institution for habilitation and care if such person feels	17731
hethe person is in need of such services. If the chief program	17732
director determines the applicant to be in need of such services,	17733
the managing officer may provide such services as are required by	17734
the applicant.	17735

(B) Any person may apply to the managing officer of any	17736
public institution for habilitation and care if such person feels	17737
hethe person is in need of such services. If ~~his~~the person's	17738
condition warrants, hethe person's may be enrolled as an	17739
outpatient and, during such enrollment, hethe person may receive	17740
services subject to Chapter 5121. of the Revised Code.	17741

(C) The application prescribed in division (A) or (B) of this	17742
section may also be made on behalf of a minor by a parent,	17743
guardian, or custodian of a minor, and on behalf of an adult	17744
adjudicated incompetent by the guardian or custodian of the adult.	17745

(D) The managing officer of the public institution may refer	17746
any discharged resident who makes an application under this	17747
section to the director of any community mental retardation	17748
program serving the county in which such resident resides, or to	17749
such other facility as the director of ~~mental retardation and~~	17750
developmental disabilities may designate. Upon notice of such	17751
referral, the director of such program may provide the services	17752
required by the applicant.	17753

Sec. 5123.85. (A) All residents institutionalized pursuant	17754
to this chapter shall receive, within thirty days of their	17755
admission, a comprehensive evaluation, a diagnosis, a prognosis,	17756
and a description of habilitation goals consistent therewith.	17757

(B) All such residents shall have a written habilitation plan	17758
consistent with the comprehensive evaluation, diagnosis,	17759
prognosis, and goals which shall be provided, upon request of	17760
resident or resident's counsel, to resident's counsel and to any	17761
private physician designated by the resident or the resident's	17762
counsel.	17763

(C) All such residents shall receive habilitation and care	17764
consistent with the habilitation plan. The department of ~~mental~~	17765
~~retardation and~~ developmental disabilities shall set standards for	17766
habilitation and care provided to such residents, consistent	17767
wherever possible with standards set by the joint commission on	17768
accreditation of facilities for the mentally retarded.	17769

(D) All such residents shall receive periodic comprehensive	17770
re-evaluations of the habilitation plan by the professional staff	17771
of the institution at intervals not to exceed ninety days.	17772

(E) All such residents shall be provided with prompt and	17773
adequate medical treatment for any physical or mental disease or	17774
injury.	17775

Sec. 5123.86. (A) Except as provided in divisions (C), (D),	17776
(E), and (F) of this section, the chief medical officer shall	17777
provide all information, including expected physical and medical	17778
consequences, necessary to enable any resident of an institution	17779
for the mentally retarded to give a fully informed, intelligent,	17780
and knowing consent if any of the following procedures are	17781
proposed:	17782

(1) Surgery;

17783

(2) Convulsive therapy;

17784

(3) Major aversive interventions;

17785

(4) Sterilization;

17786

(5) Experimental procedures;

17787

(6) Any unusual or hazardous treatment procedures.

17788

(B) No resident shall be subjected to any of the procedures	17789
listed in division (A)(4), (5), or (6) of this section without the	17790
resident's informed consent.	17791

(C) If a resident is physically or mentally unable to receive	17792
the information required for surgery under division (A)(1) of this	17793
section, or has been adjudicated incompetent, the information may	17794
be provided to the resident's natural or court-appointed guardian,	17795
including an agency providing guardianship services under contract	17796
with the department of ~~mental retardation and~~ developmental	17797
disabilities under sections 5123.55 to 5123.59 of the Revised	17798
Code, who may give the informed, intelligent, and knowing written	17799
consent for surgery. Consent for surgery shall not be provided by	17800
a guardian who is an officer or employee of the department of	17801
mental health or the department of ~~mental retardation and~~	17802
developmental disabilities.	17803

If a resident is physically or mentally unable to receive the	17804
information required for surgery under division (A)(1) of this	17805
section and has no guardian, then the information, the	17806
recommendation of the chief medical officer, and the concurring	17807
judgment of a licensed physician who is not a full-time employee	17808
of the state may be provided to the court in the county in which	17809
the institution is located, which may approve the surgery. Before	17810
approving the surgery, the court shall notify the legal rights	17811
service created by section 5123.60 of the Revised Code, and shall	17812
notify the resident of the resident's rights to consult with	17813
counsel, to have counsel appointed by the court if the resident is	17814
indigent, and to contest the recommendation of the chief medical	17815
officer.	17816

(D) If, in the judgment of two licensed physicians, delay in	17817
obtaining consent for surgery would create a grave danger to the	17818
health of a resident, emergency surgery may be performed without	17819
the consent of the resident if the necessary information is	17820
provided to the resident's guardian, including an agency providing	17821
guardianship services under contract with the department of ~~mental~~	17822
~~retardation and~~ developmental disabilities under sections 5123.55	17823
to 5123.59 of the Revised Code, or to the resident's spouse or	17824
next of kin to enable that person or agency to give an informed,	17825
intelligent, and knowing written consent.	17826

If the guardian, spouse, or next of kin cannot be contacted	17827
through exercise of reasonable diligence, or if the guardian,	17828
spouse, or next of kin is contacted, but refuses to consent, then	17829
the emergency surgery may be performed upon the written	17830
authorization of the chief medical officer and after court	17831
approval has been obtained. However, if delay in obtaining court	17832
approval would create a grave danger to the life of the resident,	17833
the chief medical officer may authorize surgery, in writing,	17834
without court approval. If the surgery is authorized without court	17835
approval, the chief medical officer who made the authorization and	17836
the physician who performed the surgery shall each execute an	17837
affidavit describing the circumstances constituting the emergency	17838
and warranting the surgery and the circumstances warranting their	17839
not obtaining prior court approval. The affidavit shall be filed	17840
with the court with which the request for prior approval would	17841
have been filed within five court days after the surgery, and a	17842
copy of the affidavit shall be placed in the resident's file and	17843
shall be given to the guardian, spouse, or next of kin of the	17844
resident, to the hospital at which the surgery was performed, and	17845
to the legal rights service created by section 5123.60 of the	17846
Revised Code.	17847

(E)(1) If it is the judgment of two licensed physicians, as	17848
described in division (E)(2) of this section, that a medical	17849
emergency exists and delay in obtaining convulsive therapy creates	17850
a grave danger to the life of a resident who is both mentally	17851
retarded and mentally ill, convulsive therapy may be administered	17852
without the consent of the resident if the resident is physically	17853
or mentally unable to receive the information required for	17854
convulsive therapy and if the necessary information is provided to	17855
the resident's natural or court-appointed guardian, including an	17856
agency providing guardianship services under contract with the	17857
department of ~~mental retardation and~~ developmental disabilities	17858
under sections 5123.55 to 5123.59 of the Revised Code, or to the	17859
resident's spouse or next of kin to enable that person or agency	17860
to give an informed, intelligent, and knowing written consent. If	17861
neither the resident's guardian, spouse, nor next of kin can be	17862
contacted through exercise of reasonable diligence, or if the	17863
guardian, spouse, or next of kin is contacted, but refuses to	17864
consent, then convulsive therapy may be performed upon the written	17865
authorization of the chief medical officer and after court	17866
approval has been obtained.	17867

(2) The two licensed physicians referred to in division	17868
(E)(1) of this section shall not be associated with each other in	17869
the practice of medicine or surgery by means of a partnership or	17870
corporate arrangement, other business arrangement, or employment.	17871
At least one of the physicians shall be a psychiatrist as defined	17872
in division (E) of section 5122.01 of the Revised Code.	17873

(F) Major aversive interventions shall not be used unless a	17874
resident continues to engage in behavior destructive to self or	17875
others after other forms of therapy have been attempted. The	17876
director of the legal rights service created by section 5123.60 of	17877
the Revised Code shall be notified of any proposed major aversive	17878
intervention. Major aversive interventions shall not be applied to	17879
a voluntary resident without the informed, intelligent, and	17880
knowing written consent of the resident or the resident's	17881
guardian, including an agency providing guardianship services	17882
under contract with the department of ~~mental retardation and~~	17883
developmental disabilities under sections 5123.55 to 5123.59 of	17884
the Revised Code.	17885

(G)(1) This chapter does not authorize any form of compulsory	17886
medical or psychiatric treatment of any resident who is being	17887
treated by spiritual means through prayer alone in accordance with	17888
a recognized religious method of healing.	17889

(2) For purposes of this section, "convulsive therapy" does	17890
not include defibrillation.	17891

Sec. 5123.89. (A) All certificates, applications, records,	17892
and reports made for the purpose of this chapter, other than court	17893
journal entries or court docket entries, which directly or	17894
indirectly identify a resident or former resident of an	17895
institution for the mentally retarded or person whose	17896
institutionalization has been sought under this chapter shall be	17897
kept confidential and shall not be disclosed by any person except	17898
in the following situations:	17899

(1) It is the judgment of the court for judicial records, and	17900
the managing officer for institution records, that disclosure is	17901
in the best interest of the person identified, and that person or	17902
that person's guardian or, if that person is a minor, that	17903
person's parent or guardian consents.	17904

(2) Disclosure is provided for in other sections of this	17905
chapter.	17906

(3) It is the judgment of the managing officer for	17907
institution records that disclosure to a mental health facility is	17908
in the best interest of the person identified.	17909

(B) The department of ~~mental retardation and~~ developmental	17910
disabilities shall adopt rules with respect to the systematic and	17911
periodic destruction of residents' records.	17912

(C)(1) As used in this division, "family" means a parent,	17913
brother, sister, spouse, son, daughter, grandparent, aunt, uncle,	17914
or cousin.	17915

(2) Upon the death of a resident or former resident of an	17916
institution for the mentally retarded or a person whose	17917
institutionalization was sought under this chapter, the managing	17918
officer of an institution shall provide access to the	17919
certificates, applications, records, and reports made for the	17920
purposes of this chapter to the resident's, former resident's, or	17921
person's guardian if the guardian makes a written request. If a	17922
deceased resident, former resident, or person whose	17923
institutionalization was sought under this chapter did not have a	17924
guardian at the time of death, the managing officer shall provide	17925
access to the certificates, applications, records, and reports	17926
made for purposes of this chapter to a member of the person's	17927
family, upon that family member's written request.	17928

(D) No person shall reveal the contents of a record of a	17929
resident except as authorized by this chapter.	17930

Sec. 5123.90. The attorney general shall attend to all suits	17931
instituted on behalf of or against any public institution under	17932
the jurisdiction of the department of ~~mental retardation and~~	17933
developmental disabilities and the managing officer thereof.	17934

If a writ of habeas corpus is applied for, the clerk of the	17935
court shall give notice of the time and place of hearing to the	17936
attorney general.	17937

Sec. 5123.96. Costs, fees, and expenses of all proceedings	17938
held under this chapter shall be paid as follows:	17939

(A) To police and health officers, other than sheriffs or	17940
their deputies, the same fees allowed to constables, to be paid	17941
upon the approval of the probate judge;	17942

(B) To sheriffs or their deputies, the same fees allowed for	17943
similar services in the court of common pleas;	17944

(C) To physicians or licensed clinical psychologists acting	17945
as expert witnesses and to other expert witnesses designated by	17946
the court, an amount determined by the court;	17947

(D) To other witnesses, the same fees and mileage as for	17948
attendance at the court of common pleas, to be paid upon the	17949
approval of the probate judge;	17950

(E) To a person, other than the sheriff or ~~his~~the sheriff's	17951
deputies, for taking a mentally retarded person to an institution	17952
or removing a mentally retarded person from an institution, the	17953
actual necessary expenses incurred, specifically itemized, and	17954
approved by the probate judge;	17955

(F) To assistants who convey mentally retarded persons to	17956
institutions when authorized by the probate judge, a fee set by	17957
the probate court, provided the assistants are not drawing a	17958
salary from the state or any political subdivision of the state,	17959
and their actual necessary expenses incurred, provided that the	17960
expenses are specifically itemized and approved by the probate	17961
judge;	17962

(G) To an attorney appointed by the probate division for an	17963
indigent who allegedly is a mentally retarded person pursuant to	17964
any section of this chapter, the fees that are determined by the	17965
probate division. When those indigent persons are before the	17966
court, all filing and recording fees shall be waived.	17967

(H) To a referee who is appointed to conduct proceedings	17968
under this chapter that involve a respondent whose domicile is or,	17969
before ~~his~~the respondent's institutionalization, was not the	17970
county in which the proceedings are held, compensation as fixed by	17971
the probate division, but not more than the compensation paid for	17972
similar proceedings for respondents whose domicile is in the	17973
county in which the proceedings are held;	17974

(I) To a court reporter appointed to make a transcript of	17975
proceedings under this chapter, the compensation and fees allowed	17976
in other cases under section 2101.08 of the Revised Code.	17977

All costs, fees, and expenses described in this section,	17978
after payment by the county from appropriations pursuant to	17979
section 2101.11 of the Revised Code, shall be certified by the	17980
county auditor to the department of ~~mental retardation and~~	17981
developmental disabilities within two months of the date the	17982
costs, fees, and expenses are incurred by the county. Payment	17983
shall be provided for by the director of budget and management	17984
upon presentation of properly verified vouchers. The director of	17985
~~mental retardation and~~ developmental disabilities may adopt rules	17986
in accordance with Chapter 119. of the Revised Code to implement	17987
the payment of costs, fees, and expenses under this section.	17988

Sec. 5126.01. As used in this chapter:

17989

(A) As used in this division, "adult" means an individual who	17990
is eighteen years of age or over and not enrolled in a program or	17991
service under Chapter 3323. of the Revised Code and an individual	17992
sixteen or seventeen years of age who is eligible for adult	17993
services under rules adopted by the director of ~~mental retardation~~	17994
~~and~~ developmental disabilities pursuant to Chapter 119. of the	17995
Revised Code.	17996

(1) "Adult services" means services provided to an adult	17997
outside the home, except when they are provided within the home	17998
according to an individual's assessed needs and identified in an	17999
individual service plan, that support learning and assistance in	18000
the area of self-care, sensory and motor development,	18001
socialization, daily living skills, communication, community	18002
living, social skills, or vocational skills.	18003

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

18004

(a) Adult day habilitation services;

18005

(b) Adult day care;

18006

18007

(d) Sheltered employment;

18008

(e) Educational experiences and training obtained through	18009
entities and activities that are not expressly intended for	18010
individuals with mental retardation and developmental	18011
disabilities, including trade schools, vocational or technical	18012
schools, adult education, job exploration and sampling, unpaid	18013
work experience in the community, volunteer activities, and	18014
spectator sports;	18015

(f) Community employment services and supported employment	18016
services.	18017

(B)(1) "Adult day habilitation services" means adult services	18018
that do the following:	18019

(a) Provide access to and participation in typical activities	18020
and functions of community life that are desired and chosen by the	18021
general population, including such activities and functions as	18022
opportunities to experience and participate in community	18023
exploration, companionship with friends and peers, leisure	18024
activities, hobbies, maintaining family contacts, community	18025
events, and activities where individuals without disabilities are	18026
involved;	18027

(b) Provide supports or a combination of training and	18028
supports that afford an individual a wide variety of opportunities	18029
to facilitate and build relationships and social supports in the	18030
community.	18031

(2) "Adult day habilitation services" includes all of the	18032
following:	18033

(a) Personal care services needed to ensure an individual's	18034
ability to experience and participate in vocational services,	18035
educational services, community activities, and any other adult	18036
day habilitation services;	18037

(b) Skilled services provided while receiving adult day	18038
habilitation services, including such skilled services as behavior	18039
management intervention, occupational therapy, speech and language	18040
therapy, physical therapy, and nursing services;	18041

(c) Training and education in self-determination designed to	18042
help the individual do one or more of the following: develop	18043
self-advocacy skills, exercise the individual's civil rights,	18044
acquire skills that enable the individual to exercise control and	18045
responsibility over the services received, and acquire skills that	18046
enable the individual to become more independent, integrated, or	18047
productive in the community;	18048

(d) Recreational and leisure activities identified in the	18049
individual's service plan as therapeutic in nature or assistive in	18050
developing or maintaining social supports;	18051

(e) Counseling and assistance provided to obtain housing,	18052
including such counseling as identifying options for either rental	18053
or purchase, identifying financial resources, assessing needs for	18054
environmental modifications, locating housing, and planning for	18055
ongoing management and maintenance of the housing selected;	18056

(f) Transportation necessary to access adult day habilitation	18057
services;	18058

(g) Habilitation management, as described in section 5126.14	18059
of the Revised Code.	18060

(3) "Adult day habilitation services" does not include	18061
activities that are components of the provision of residential	18062
services, family support services, or supported living services.	18063

18064

(1) In the case of a member of a county board of mental	18065
retardation and developmental disabilities appointed by, or to be	18066
appointed by, a board of county commissioners, the board of county	18067
commissioners;	18068

(2) In the case of a member of a county board appointed by,	18069
or to be appointed by, a senior probate judge, the senior probate	18070
judge.	18071

(D) "Community employment services" or "supported employment	18072
services" means job training and other services related to	18073
employment outside a sheltered workshop. "Community employment	18074
services" or "supported employment services" include all of the	18075
following:	18076

(1) Job training resulting in the attainment of competitive	18077
work, supported work in a typical work environment, or	18078
self-employment;	18079

(2) Supervised work experience through an employer paid to	18080
provide the supervised work experience;	18081

(3) Ongoing work in a competitive work environment at a wage	18082
commensurate with workers without disabilities;	18083

(4) Ongoing supervision by an employer paid to provide the	18084
supervision.	18085

(E) As used in this division, "substantial functional	18086
limitation," "developmental delay," and "established risk" have	18087
the meanings established pursuant to section 5123.011 of the	18088
Revised Code.	18089

"Developmental disability" means a severe, chronic disability	18090
that is characterized by all of the following:	18091

(1) It is attributable to a mental or physical impairment or	18092
a combination of mental and physical impairments, other than a	18093
mental or physical impairment solely caused by mental illness as	18094
defined in division (A) of section 5122.01 of the Revised Code;	18095

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

18096

(3) It is likely to continue indefinitely;

18097

(4) It results in one of the following:

18098

(a) In the case of a person under age three, at least one	18099
developmental delay or an established risk;	18100

(b) In the case of a person at least age three but under age	18101
six, at least two developmental delays or an established risk;	18102

(c) In the case of a person age six or older, a substantial	18103
functional limitation in at least three of the following areas of	18104
major life activity, as appropriate for the person's age:	18105
self-care, receptive and expressive language, learning, mobility,	18106
self-direction, capacity for independent living, and, if the	18107
person is at least age sixteen, capacity for economic	18108
self-sufficiency.	18109

(5) It causes the person to need a combination and sequence	18110
of special, interdisciplinary, or other type of care, treatment,	18111
or provision of services for an extended period of time that is	18112
individually planned and coordinated for the person.	18113

(F) "Early childhood services" means a planned program of	18114
habilitation designed to meet the needs of individuals with mental	18115
retardation or other developmental disabilities who have not	18116
attained compulsory school age.	18117

(G)(1) "Environmental modifications" means the physical	18118
adaptations to an individual's home, specified in the individual's	18119
service plan, that are necessary to ensure the individual's	18120
health, safety, and welfare or that enable the individual to	18121
function with greater independence in the home, and without which	18122
the individual would require institutionalization.	18123

(2) "Environmental modifications" includes such adaptations	18124
as installation of ramps and grab-bars, widening of doorways,	18125
modification of bathroom facilities, and installation of	18126
specialized electric and plumbing systems necessary to accommodate	18127
the individual's medical equipment and supplies.	18128

(3) "Environmental modifications" does not include physical	18129
adaptations or improvements to the home that are of general	18130
utility or not of direct medical or remedial benefit to the	18131
individual, including such adaptations or improvements as	18132
carpeting, roof repair, and central air conditioning.	18133

(H) "Family support services" means the services provided	18134
under a family support services program operated under section	18135
5126.11 of the Revised Code.	18136

(I) "Habilitation" means the process by which the staff of	18137
the facility or agency assists an individual with mental	18138
retardation or other developmental disability in acquiring and	18139
maintaining those life skills that enable the individual to cope	18140
more effectively with the demands of the individual's own person	18141
and environment, and in raising the level of the individual's	18142
personal, physical, mental, social, and vocational efficiency.	18143
Habilitation includes, but is not limited to, programs of formal,	18144
structured education and training.	18145

(J) "Home and community-based services" means medicaid-funded	18146
home and community-based services specified in division (B)(1) of	18147
section 5111.87 of the Revised Code and provided under the	18148
medicaid waiver components the department of ~~mental retardation~~	18149
~~and~~ developmental disabilities administers pursuant to section	18150
5111.871 of the Revised Code.	18151

(K) "Immediate family" means parents, grandparents, brothers,	18152
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,	18153
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and	18154
daughters-in-law.	18155

(L) "Medicaid" has the same meaning as in section 5111.01 of	18156
the Revised Code.	18157

(M) "Medicaid case management services" means case management	18158
services provided to an individual with mental retardation or	18159
other developmental disability that the state medicaid plan	18160
requires.	18161

(N) "Mental retardation" means a mental impairment manifested	18162
during the developmental period characterized by significantly	18163
subaverage general intellectual functioning existing concurrently	18164
with deficiencies in the effectiveness or degree with which an	18165
individual meets the standards of personal independence and social	18166
responsibility expected of the individual's age and cultural	18167
group.	18168

(O) "Residential services" means services to individuals with	18169
mental retardation or other developmental disabilities to provide	18170
housing, food, clothing, habilitation, staff support, and related	18171
support services necessary for the health, safety, and welfare of	18172
the individuals and the advancement of their quality of life.	18173
"Residential services" includes program management, as described	18174
in section 5126.14 of the Revised Code.	18175

(P) "Resources" means available capital and other assets,	18176
including moneys received from the federal, state, and local	18177
governments, private grants, and donations; appropriately	18178
qualified personnel; and appropriate capital facilities and	18179
equipment.	18180

(Q) "Senior probate judge" means the current probate judge of	18181
a county who has served as probate judge of that county longer	18182
than any of the other current probate judges of that county. If a	18183
county has only one probate judge, "senior probate judge" means	18184
that probate judge.	18185

(R) "Service and support administration" means the duties	18186
performed by a service and support administrator pursuant to	18187
section 5126.15 of the Revised Code.	18188

(S)(1) "Specialized medical, adaptive, and assistive	18189
equipment, supplies, and supports" means equipment, supplies, and	18190
supports that enable an individual to increase the ability to	18191
perform activities of daily living or to perceive, control, or	18192
communicate within the environment.	18193

(2) "Specialized medical, adaptive, and assistive equipment,	18194
supplies, and supports" includes the following:	18195

(a) Eating utensils, adaptive feeding dishes, plate guards,	18196
mylatex straps, hand splints, reaches, feeder seats, adjustable	18197
pointer sticks, interpreter services, telecommunication devices	18198
for the deaf, computerized communications boards, other	18199
communication devices, support animals, veterinary care for	18200
support animals, adaptive beds, supine boards, prone boards,	18201
wedges, sand bags, sidelayers, bolsters, adaptive electrical	18202
switches, hand-held shower heads, air conditioners, humidifiers,	18203
emergency response systems, folding shopping carts, vehicle lifts,	18204
vehicle hand controls, other adaptations of vehicles for	18205
accessibility, and repair of the equipment received.	18206

(b) Nondisposable items not covered by medicaid that are	18207
intended to assist an individual in activities of daily living or	18208
instrumental activities of daily living.	18209

(T) "Supportive home services" means a range of services to	18210
families of individuals with mental retardation or other	18211
developmental disabilities to develop and maintain increased	18212
acceptance and understanding of such persons, increased ability of	18213
family members to teach the person, better coordination between	18214
school and home, skills in performing specific therapeutic and	18215
management techniques, and ability to cope with specific	18216
situations.	18217

(U)(1) "Supported living" means services provided for as long	18218
as twenty-four hours a day to an individual with mental	18219
retardation or other developmental disability through any public	18220
or private resources, including moneys from the individual, that	18221
enhance the individual's reputation in community life and advance	18222
the individual's quality of life by doing the following:	18223

(a) Providing the support necessary to enable an individual	18224
to live in a residence of the individual's choice, with any number	18225
of individuals who are not disabled, or with not more than three	18226
individuals with mental retardation and developmental disabilities	18227
unless the individuals are related by blood or marriage;	18228

(b) Encouraging the individual's participation in the	18229
community;	18230

18231

(d) Assisting the individual in acquiring, retaining, and	18232
improving the skills and competence necessary to live successfully	18233
in the individual's residence.	18234

(2) "Supported living" includes the provision of all of the	18235
following:	18236

(a) Housing, food, clothing, habilitation, staff support,	18237
professional services, and any related support services necessary	18238
to ensure the health, safety, and welfare of the individual	18239
receiving the services;	18240

(b) A combination of lifelong or extended-duration	18241
supervision, training, and other services essential to daily	18242
living, including assessment and evaluation and assistance with	18243
the cost of training materials, transportation, fees, and	18244
supplies;	18245

18246

(d) Household maintenance that does not include modifications	18247
to the physical structure of the residence;	18248

(e) Respite care services;

18249

(f) Program management, as described in section 5126.14 of	18250
the Revised Code.	18251

Sec. 5126.026. A board of county commissioners shall provide	18252
the director of ~~mental retardation and~~ developmental disabilities	18253
with a copy of each resolution the board adopts under section	18254
5126.021, 5126.022, or 5126.023 of the Revised Code. A senior	18255
probate judge shall provide the director with a copy of each order	18256
the judge issues under those sections.	18257

Sec. 5126.0210. (A) None of the following individuals may	18258
serve as a member of a county board of mental retardation and	18259
developmental disabilities:	18260

(1) An elected public official, except for a township	18261
trustee, township fiscal officer, or individual excluded from the	18262
definition of public official or employee in division (B) of	18263
section 102.01 of the Revised Code;	18264

(2) An immediate family member of another county board	18265
member;	18266

(3) A county board employee or immediate family member of a	18267
county board employee;	18268

(4) A former employee of the county board whose employment	18269
with the county board ceased less than one calendar year before	18270
the former employee would begin to serve as a member of the county	18271
board;	18272

(5) An individual who or whose immediate family member is a	18273
board member or an employee of an agency licensed or certified by	18274
the department of ~~mental retardation and~~ developmental	18275
disabilities to provide services to individuals with mental	18276
retardation or developmental disabilities;	18277

(6) An individual who or whose immediate family member is a	18278
board member or employee of an agency contracting with the county	18279
board that is not licensed or certified by the department of	18280
~~mental retardation and~~ developmental disabilities to provide	18281
services to individuals with mental retardation or developmental	18282
disabilities unless there is no conflict of interest;	18283

(7) An individual with an immediate family member who serves	18284
as a county commissioner of a county served by the county board	18285
unless the individual was a member of the county board before	18286
October 31, 1980.	18287

(B) All questions relating to the existence of a conflict of	18288
interest for the purpose of division (A)(6) of this section shall	18289
be submitted to the local prosecuting attorney for resolution. The	18290
Ohio ethics commission may examine any issues arising under	18291
Chapter 102. and sections 2921.42, 2921.421, and 2921.43 of the	18292
Revised Code.	18293

Sec. 5126.0217. Each year, each member of a county board of	18294
mental retardation and developmental disabilities shall attend at	18295
least four hours of in-service training provided or approved by	18296
the department of ~~mental retardation and~~ developmental	18297
disabilities. This training shall not be considered regularly	18298
scheduled meetings of the county board.	18299

Sec. 5126.0221. An appointing authority shall not remove a	18300
member of a county board of mental retardation and developmental	18301
disabilities from the county board by reason of division (A)(5),	18302
(6), or (7) of section 5126.0220 of the Revised Code if the	18303
director of ~~mental retardation and~~ developmental disabilities	18304
waives the requirement that the member be removed. The director	18305
may issue the waiver only if the appointing authority requests	18306
that the director issue the waiver and provides the director	18307
evidence that is satisfactory to the director that the member's	18308
absences from the in-service training sessions or regularly	18309
scheduled board meetings are due to a serious health problem of	18310
the member or a member of the member's immediate family. The	18311
director's decision on whether to issue the waiver is final and	18312
not subject to appeal.	18313

The county board on which the member serves may pass a	18314
resolution urging the appointing authority to request that the	18315
director issue the waiver. The member whose absences from the	18316
sessions or meetings are at issue may not vote on the resolution.	18317
The appointing authority may request the waiver regardless of	18318
whether the county board adopts the resolution.	18319

Sec. 5126.0223. An appointing authority shall afford a	18320
member of a county board of mental retardation and developmental	18321
disabilities an opportunity for a hearing on the member's proposed	18322
removal in accordance with procedures the appointing authority	18323
shall establish, unless the appointing authority requested that	18324
the director of ~~mental retardation and~~ developmental disabilities	18325
waive the mandatory removal under section ~~5126.0220~~5126.0221 of	18326
the Revised Code and the director refused to issue the waiver. The	18327
appointing authority shall hold the hearing if the member requests	18328
the hearing not later than thirty days after the date that the	18329
county board sends the member the notice required by section	18330
~~5126.0221~~5126.0222 of the Revised Code.	18331

Sec. 5126.0226. (A) Each county board of mental retardation	18332
and developmental disabilities shall either employ a	18333
superintendent or obtain the services of the superintendent of	18334
another county board of mental retardation and developmental	18335
disabilities. The board shall provide for a superintendent who is	18336
qualified, as specified in rules adopted by the department of	18337
~~mental retardation and~~ developmental disabilities in accordance	18338
with Chapter 119. of the Revised Code. The superintendent shall	18339
have no voting privileges on the board.	18340

The board shall prescribe the duties of its superintendent	18341
and review the superintendent's performance. The superintendent	18342
may be removed, suspended, or demoted for cause pursuant to	18343
section 5126.23 of the Revised Code. The board shall fix the	18344
superintendent's compensation and reimburse the superintendent for	18345
actual and necessary expenses.	18346

Each county board that employs its own superintendent shall	18347
employ the superintendent under a contract. To enter into a	18348
contract, the board shall adopt a resolution agreeing to the	18349
contract. Each contract for employment or re-employment of a	18350
superintendent shall be for a term of not less than one and not	18351
more than five years. At the expiration of a superintendent's	18352
current term of employment, the superintendent may be re-employed.	18353
If the board intends not to re-employ the superintendent, the	18354
board shall give the superintendent written notification of its	18355
intention. The notice shall be given not less than ninety days	18356
prior to the expiration of the superintendent's contract.	18357

(B) Two or more county boards may enter into an arrangement	18358
under which the superintendent of one county board acts as the	18359
superintendent of another county board. To enter into such an	18360
arrangement, each board shall adopt a resolution agreeing to the	18361
arrangement. The resolutions shall specify the duration of the	18362
arrangement and the contribution each board is to make to the	18363
superintendent's compensation and reimbursement for expenses.	18364

(C) If a vacancy occurs in the position of superintendent, a	18365
county board may appoint a person who holds a valid	18366
superintendent's certificate issued under the rules of the	18367
department to work under a contract for an interim period not to	18368
exceed one hundred eighty days until a permanent superintendent	18369
can be employed or arranged for under division (A) or (B) of this	18370
section. The director of the department may approve additional	18371
periods of time for these types of interim appointments when so	18372
requested by a resolution adopted by a county board, if the	18373
director determines that the additional periods are warranted and	18374
the services of a permanent superintendent are not available.	18375

Sec. 5126.033. (A) A county board of mental retardation and	18376
developmental disabilities shall not enter into a direct services	18377
contract unless the contract is limited either to the actual	18378
amount of the expenses or to a reasonable and allowable amount	18379
projected by the board.	18380

(B) A county board shall not enter into a direct services	18381
contract that would result in payment to a board member, former	18382
board member, employee, former employee, or member of the	18383
immediate family of a board member, former board member, employee,	18384
or former employee if the person who would receive services under	18385
the contract stands to receive any preferential treatment or any	18386
unfair advantage over other eligible persons.	18387

(C) A county board shall not enter into a direct services	18388
contract for services provided in accordance with section 5126.11	18389
or sections 5126.40 to 5126.46 of the Revised Code under which an	18390
individual, agency, or other entity will employ an individual who	18391
is also an employee of that county board unless all of the	18392
following conditions are met:	18393

(1) The employee is not in a capacity to influence the award	18394
of the contract.	18395

(2) The employee has not attempted in any manner to secure	18396
the contract on behalf of the individual, agency, or other entity.	18397

(3) The employee is not employed in management level two or	18398
three according to rules adopted by the director of ~~mental~~	18399
~~retardation and~~ developmental disabilities and does not provide	18400
service and support administration.	18401

(4) The employee is not employed by the board during the	18402
period when the contract is developed as an administrator or	18403
supervisor responsible for approving or supervising services to be	18404
provided under the contract and agrees not to take such a position	18405
while the contract is in effect, regardless of whether the	18406
position is related to the services provided under the contract.	18407

(5) The employee has not taken any actions that create the	18408
need for the services to be provided under the contract.	18409

(6) The individual, agency, or other entity seeks the	18410
services of the employee because of the employee's expertise and	18411
familiarity with the care and condition of one or more eligible	18412
persons and other individuals with such expertise and familiarity	18413
are unavailable, or an eligible person has requested to have the	18414
services provided by that employee.	18415

The superintendent of the county board shall notify the	18416
employee and the individual, agency, or other entity that seeks	18417
the employee's services of the ethics council's determination	18418
under section 5126.032 of the Revised Code regarding the contract.	18419
The council's determination shall be binding on all parties.	18420

The employee who is the subject of the contract shall inform	18421
the superintendent of the county board of any employment the	18422
employee has outside the county board that is with any individual,	18423
agency, or other entity that has a contract with the county board.	18424

Sec. 5126.04. (A) Each county board of mental retardation	18425
and developmental disabilities shall plan and set priorities based	18426
on available resources for the provision of facilities, programs,	18427
and other services to meet the needs of county residents who are	18428
individuals with mental retardation and other developmental	18429
disabilities, former residents of the county residing in state	18430
institutions or placed under purchase of service agreements under	18431
section 5123.18 of the Revised Code, and children subject to a	18432
determination made pursuant to section 121.38 of the Revised Code.	18433

Each county board shall assess the facility and service needs	18434
of the individuals with mental retardation and other developmental	18435
disabilities who are residents of the county or former residents	18436
of the county residing in state institutions or placed under	18437
purchase of service agreements under section 5123.18 of the	18438
Revised Code.	18439

Each county board shall require individual habilitation or	18440
service plans for individuals with mental retardation and other	18441
developmental disabilities who are being served or who have been	18442
determined eligible for services and are awaiting the provision of	18443
services. Each board shall ensure that methods of having their	18444
service needs evaluated are available.	18445

(B)(1) If a foster child is in need of assessment for	18446
eligible services or is receiving services from a county board of	18447
mental retardation and developmental disabilities and that child	18448
is placed in a different county, the agency that placed the child,	18449
immediately upon placement, shall inform the county board in the	18450
new county all of the following:	18451

(a) That a foster child has been placed in that county;

18452

(b) The name and other identifying information of the foster	18453
child;	18454

(c) The name of the foster child's previous county of	18455
residence;	18456

(d) That the foster child was in need of assessment for	18457
eligible services or was receiving services from the county board	18458
of mental retardation and developmental disabilities in the	18459
previous county.	18460

(2) Upon receiving the notice described in division (B)(1) of	18461
this section or otherwise learning that the child was in need of	18462
assessment for eligible services or was receiving services from a	18463
county board of mental retardation and developmental disabilities	18464
in the previous county, the county board in the new county shall	18465
communicate with the county board of the previous county to	18466
determine how services for the foster child shall be provided in	18467
accordance with each board's plan and priorities as described in	18468
division (A) of this section.	18469

If the two county boards are unable to reach an agreement	18470
within ten days of the child's placement, the county board in the	18471
new county shall send notice to the Ohio department of ~~mental~~	18472
~~retardation and~~ developmental disabilities of the failure to	18473
agree. The department shall decide how services shall be provided	18474
for the foster child within ten days of receiving notice that the	18475
county boards could not reach an agreement. The department may	18476
decide that one, or both, of the county boards shall provide	18477
services. The services shall be provided in accordance with the	18478
board's plan and priorities as described in division (A) of this	18479
section.	18480

(C) The department of ~~mental retardation and~~ developmental	18481
disabilities may adopt rules in accordance with Chapter 119. of	18482
the Revised Code as necessary to implement this section. To the	18483
extent that rules adopted under this section apply to the	18484
identification and placement of children with disabilities under	18485
Chapter 3323. of the Revised Code, the rules shall be consistent	18486
with the standards and procedures established under sections	18487
3323.03 to 3323.05 of the Revised Code.	18488

(D) The responsibility or authority of a county board to	18489
provide services under this chapter does not affect the	18490
responsibility of any other entity of state or local government to	18491
provide services to individuals with mental retardation and	18492
developmental disabilities.	18493

(E) On or before the first day of February prior to a school	18494
year, a county board of mental retardation and developmental	18495
disabilities may elect not to participate during that school year	18496
in the provision of or contracting for educational services for	18497
children ages six through twenty-one years of age, provided that	18498
on or before that date the board gives notice of this election to	18499
the superintendent of public instruction, each school district in	18500
the county, and the educational service center serving the	18501
county. If a board makes this election, it shall not have any	18502
responsibility for or authority to provide educational services	18503
that school year for children ages six through twenty-one years	18504
of age. If a board does not make an election for a school year in	18505
accordance with this division, the board shall be deemed to have	18506
elected to participate during that school year in the provision	18507
of or contracting for educational services for children ages six	18508
through twenty-one years of age.	18509

(F) If a county board of mental retardation and	18510
developmental disabilities elects to provide educational services	18511
during a school year to individuals six through twenty-one years	18512
of age who have multiple disabilities, the board may provide these	18513
services to individuals who are appropriately identified and	18514
determined eligible pursuant to Chapter 3323. of the Revised Code,	18515
and in accordance with applicable rules of the state board of	18516
education. The county board may also provide related services to	18517
individuals six through twenty-one years of age who have one or	18518
more disabling conditions, in accordance with section 3317.20 and	18519
Chapter 3323. of the Revised Code and applicable rules of the	18520
state board of education.	18521

Sec. 5126.041. (A) As used in this section:

18522

(1) "Biological risk" and "environmental risk" have the	18523
meanings established pursuant to section 5123.011 of the Revised	18524
Code.	18525

(2) "Preschool child with a disability" has the same	18526
meaning as in section 3323.01 of the Revised Code.	18527

(3) "State institution" means all or part of an institution	18528
under the control of the department of ~~mental retardation and~~	18529
developmental disabilities pursuant to section 5123.03 of the	18530
Revised Code and maintained for the care, treatment, and training	18531
of the mentally retarded.	18532

(B) Except as provided in division (C) of this section, each	18533
county board of mental retardation and developmental disabilities	18534
shall make eligibility determinations in accordance with the	18535
definition of "developmental disability" in section 5126.01 of the	18536
Revised Code. Pursuant to rules the department of ~~mental~~	18537
~~retardation and~~ developmental disabilities shall adopt in	18538
accordance with Chapter 119. of the Revised Code, a county board	18539
may establish eligibility for programs and services for either of	18540
the following:	18541

(1) Individuals under age six who have a biological risk or	18542
environmental risk of a developmental delay;	18543

(2) Any preschool child with a disability eligible for	18544
services under section 3323.02 of the Revised Code whose	18545
disability is not attributable solely to mental illness as	18546
defined in section 5122.01 of the Revised Code.	18547

(C)(1) A county board shall make determinations of	18548
eligibility for service and support administration in accordance	18549
with rules adopted under section 5126.08 of the Revised Code.	18550

(2) All persons who were eligible for services and enrolled	18551
in programs offered by a county board of mental retardation and	18552
developmental disabilities pursuant to this chapter on July 1,	18553
1991, shall continue to be eligible for those services and to be	18554
enrolled in those programs as long as they are in need of	18555
services.	18556

(3) A person who resided in a state institution on or before	18557
October 29, 1993, is eligible for programs and services offered by	18558
a county board of mental retardation and developmental	18559
disabilities, unless the person is determined by the county board	18560
not to be in need of those programs and services.	18561

(D) A county board shall refer a person who requests but is	18562
not eligible for programs and services offered by the board to	18563
other entities of state and local government or appropriate	18564
private entities that provide services.	18565

(E) Membership of a person on, or employment of a person by,	18566
a county board of mental retardation and developmental	18567
disabilities does not affect the eligibility of any member of that	18568
person's family for services provided by the board or by any	18569
entity under contract with the board.	18570

Sec. 5126.042. (A) As used in this section:

18571

(1) "Emergency" means any situation that creates for an	18572
individual with mental retardation or developmental disabilities	18573
a risk of substantial self-harm or substantial harm to others if	18574
action is not taken within thirty days. An "emergency" may include	18575
one or more of the following situations:	18576

(a) Loss of present residence for any reason, including legal	18577
action;	18578

(b) Loss of present caretaker for any reason, including	18579
serious illness of the caretaker, change in the caretaker's	18580
status, or inability of the caretaker to perform effectively for	18581
the individual;	18582

18583

(d) Health and safety conditions that pose a serious risk to	18584
the individual or others of immediate harm or death;	18585

(e) Change in the emotional or physical condition of the	18586
individual that necessitates substantial accommodation that cannot	18587
be reasonably provided by the individual's existing caretaker.	18588

(2) "Service substitution list" means a service substitution	18589
list established by a county board of mental retardation and	18590
developmental disabilities before ~~the effective date of this~~	18591
~~amendment~~September 1, 2008, pursuant to division (B) of this	18592
section as this section existed on the day immediately before ~~the~~	18593
~~effective date of this amendment~~September 1, 2008.	18594

(B) If a county board of mental retardation and developmental	18595
disabilities determines that available resources are not	18596
sufficient to meet the needs of all individuals who request	18597
programs and services and may be offered the programs and	18598
services, it shall establish waiting lists for services. The board	18599
may establish priorities for making placements on its waiting	18600
lists according to an individual's emergency status and shall	18601
establish priorities in accordance with divisions (D) and (E) of	18602
this section.	18603

The individuals who may be placed on a waiting list include	18604
individuals with a need for services on an emergency basis and	18605
individuals who have requested services for which resources are	18606
not available.	18607

An individual placed on a county board's service substitution	18608
list before ~~the effective date of this amendment~~September 1,	18609
2008, for the purpose of obtaining home and community-based	18610
services shall be deemed to have been placed on the county	18611
board's waiting list for home and community-based services on the	18612
date the individual made a request to the county board that the	18613
individual receive home and community-based services instead of	18614
the services the individual received at the time the request for	18615
home and community-based services was made to the county board.	18616

(C) A county board shall establish a separate waiting list	18617
for each of the following categories of services, and may	18618
establish separate waiting lists within the waiting lists:	18619

(1) Early childhood services;

18620

(2) Educational programs for preschool and school age	18621
children;	18622

(3) Adult services;

18623

(4) Service and support administration;

18624

(5) Residential services and supported living;

18625

(6) Transportation services;

18626

(7) Other services determined necessary and appropriate for	18627
persons with mental retardation or a developmental disability	18628
according to their individual habilitation or service plans;	18629

(8) Family support services provided under section 5126.11 of	18630
the Revised Code.	18631

(D) Except as provided in division (G) of this section, a	18632
county board shall do, as priorities, all of the following in	18633
accordance with the assessment component, approved under section	18634
5123.046 of the Revised Code, of the county board's plan developed	18635
under section 5126.054 of the Revised Code:	18636

(1) For the purpose of obtaining additional federal medicaid	18637
funds for home and community-based services and medicaid case	18638
management services, do both of the following:	18639

(a) Give an individual who is eligible for home and	18640
community-based services and meets both of the following	18641
requirements priority over any other individual on a waiting list	18642
established under division (C) of this section for home and	18643
community-based services that include supported living,	18644
residential services, or family support services:	18645

(i) Is twenty-two years of age or older;

18646

(ii) Receives supported living or family support services.

18647

(b) Give an individual who is eligible for home and	18648
community-based services and meets both of the following	18649
requirements priority over any other individual on a waiting list	18650
established under division (C) of this section for home and	18651
community-based services that include adult services:	18652

(i) Resides in the individual's own home or the home of the	18653
individual's family and will continue to reside in that home after	18654
enrollment in home and community-based services;	18655

(ii) Receives adult services from the county board.

18656

(2) As federal medicaid funds become available pursuant to	18657
division (D)(1) of this section, give an individual who is	18658
eligible for home and community-based services and meets any of	18659
the following requirements priority for such services over any	18660
other individual on a waiting list established under division (C)	18661
of this section:	18662

(a) Does not receive residential services or supported	18663
living, either needs services in the individual's current living	18664
arrangement or will need services in a new living arrangement, and	18665
has a primary caregiver who is sixty years of age or older;	18666

(b) Is less than twenty-two years of age and has at least one	18667
of the following service needs that are unusual in scope or	18668
intensity:	18669

(i) Severe behavior problems for which a behavior support	18670
plan is needed;	18671

(ii) An emotional disorder for which anti-psychotic	18672
medication is needed;	18673

(iii) A medical condition that leaves the individual	18674
dependent on life-support medical technology;	18675

(iv) A condition affecting multiple body systems for which a	18676
combination of specialized medical, psychological, educational, or	18677
habilitation services are needed;	18678

(v) A condition the county board determines to be comparable	18679
in severity to any condition described in divisions (D)(2)(b)(i)	18680
to (iv) of this section and places the individual at significant	18681
risk of institutionalization.	18682

(c) Is twenty-two years of age or older, does not receive	18683
residential services or supported living, and is determined by the	18684
county board to have intensive needs for home and community-based	18685
services on an in-home or out-of-home basis.	18686

(E) Except as provided in division (G) of this section and	18687
for a number of years and beginning on a date specified in rules	18688
adopted under division (K) of this section, a county board shall	18689
give an individual who is eligible for home and community-based	18690
services, resides in a nursing facility, and chooses to move to	18691
another setting with the help of home and community-based	18692
services, priority over any other individual on a waiting list	18693
established under division (C) of this section for home and	18694
community-based services who does not meet these criteria.	18695

(F) If two or more individuals on a waiting list established	18696
under division (C) of this section for home and community-based	18697
services have priority for the services pursuant to division	18698
(D)(1) or (2) or (E) of this section, a county board may use	18699
criteria specified in rules adopted under division (K)(2) of this	18700
section in determining the order in which the individuals with	18701
priority will be offered the services. Otherwise, the county board	18702
shall offer the home and community-based services to such	18703
individuals in the order they are placed on the waiting list.	18704

(G) No individual may receive priority for services pursuant	18705
to division (D) or (E) of this section over an individual placed	18706
on a waiting list established under division (C) of this section	18707
on an emergency status.	18708

(H) Prior to establishing any waiting list under this	18709
section, a county board shall develop and implement a policy for	18710
waiting lists that complies with this section and rules adopted	18711
under division (K) of this section.	18712

Prior to placing an individual on a waiting list, the county	18713
board shall assess the service needs of the individual in	18714
accordance with all applicable state and federal laws. The county	18715
board shall place the individual on the appropriate waiting list	18716
and may place the individual on more than one waiting list. The	18717
county board shall notify the individual of the individual's	18718
placement and position on each waiting list on which the	18719
individual is placed.	18720

At least annually, the county board shall reassess the	18721
service needs of each individual on a waiting list. If it	18722
determines that an individual no longer needs a program or	18723
service, the county board shall remove the individual from the	18724
waiting list. If it determines that an individual needs a program	18725
or service other than the one for which the individual is on the	18726
waiting list, the county board shall provide the program or	18727
service to the individual or place the individual on a waiting	18728
list for the program or service in accordance with the board's	18729
policy for waiting lists.	18730

When a program or service for which there is a waiting list	18731
becomes available, the county board shall reassess the service	18732
needs of the individual next scheduled on the waiting list to	18733
receive that program or service. If the reassessment demonstrates	18734
that the individual continues to need the program or service, the	18735
board shall offer the program or service to the individual. If it	18736
determines that an individual no longer needs a program or	18737
service, the county board shall remove the individual from the	18738
waiting list. If it determines that an individual needs a program	18739
or service other than the one for which the individual is on the	18740
waiting list, the county board shall provide the program or	18741
service to the individual or place the individual on a waiting	18742
list for the program or service in accordance with the board's	18743
policy for waiting lists. The county board shall notify the	18744
individual of the individual's placement and position on the	18745
waiting list on which the individual is placed.	18746

(I) A child subject to a determination made pursuant to	18747
section 121.38 of the Revised Code who requires the home and	18748
community-based services provided through a medicaid component	18749
that the department of ~~mental retardation and~~ developmental	18750
disabilities administers under section 5111.871 of the Revised	18751
Code shall receive services through that medicaid component. For	18752
all other services, a child subject to a determination made	18753
pursuant to section 121.38 of the Revised Code shall be treated as	18754
an emergency by the county boards and shall not be subject to a	18755
waiting list.	18756

(J) Not later than the fifteenth day of March of each	18757
even-numbered year, each county board shall prepare and submit to	18758
the director of ~~mental retardation and~~ developmental disabilities	18759
its recommendations for the funding of services for individuals	18760
with mental retardation and developmental disabilities and its	18761
proposals for reducing the waiting lists for services.	18762

(K)(1) The department of ~~mental retardation and~~ developmental	18763
disabilities shall adopt rules in accordance with Chapter 119. of	18764
the Revised Code governing waiting lists established under this	18765
section. The rules shall include procedures to be followed to	18766
ensure that the due process rights of individuals placed on	18767
waiting lists are not violated.	18768

(2) As part of the rules adopted under this division, the	18769
department shall adopt rules establishing criteria a county board	18770
may use under division (F) of this section in determining the	18771
order in which individuals with priority for home and	18772
community-based services will be offered the services. The rules	18773
shall also specify conditions under which a county board, when	18774
there is no individual with priority for home and community-based	18775
services pursuant to division (D)(1) or (2) or (E) of this section	18776
available and appropriate for the services, may offer the services	18777
to an individual on a waiting list for the services but not given	18778
such priority for the services.	18779

(3) As part of the rules adopted under this division, the	18780
department shall adopt rules specifying both of the following for	18781
the priority category established under division (E) of this	18782
section:	18783

(a) The number of years, which shall not exceed five, that	18784
the priority category will be in effect;	18785

(b) The date that the priority category is to go into effect.

18786

(L) The following shall take precedence over the applicable	18787
provisions of this section:	18788

(1) Medicaid rules and regulations;

18789

(2) Any specific requirements that may be contained within a	18790
medicaid state plan amendment or waiver program that a county	18791
board has authority to administer or with respect to which it has	18792
authority to provide services, programs, or supports.	18793

Sec. 5126.044. (A) As used in this section, "eligible	18794
person" has the same meaning as in section 5126.03 of the Revised	18795
Code.	18796

(B) Except as provided in division (D) of this section, no	18797
person shall disclose the identity of an individual who requests	18798
programs or services under this chapter or release a record or	18799
report regarding an eligible person that is maintained by a county	18800
board of mental retardation and developmental disabilities or an	18801
entity under contract with a county board unless one of the	18802
following circumstances exists:	18803

(1) The individual, eligible person, or the individual's	18804
guardian, or, if the individual is a minor, the individual's	18805
parent or guardian, makes a written request to the county board or	18806
entity for or approves in writing disclosure of the individual's	18807
identity or release of the record or report regarding the eligible	18808
person.	18809

(2) Disclosure of the identity of an individual is needed for	18810
approval of a direct services contract under section 5126.032 or	18811
5126.033 of the Revised Code. The county board shall release only	18812
the individual's name and the general nature of the services to be	18813
provided.	18814

(3) Disclosure of the identity of the individual is needed to	18815
ascertain that the county board's waiting lists for programs or	18816
services are being maintained in accordance with section 5126.042	18817
of the Revised Code and the rules adopted under that section. The	18818
county board shall release only the individual's name, the general	18819
nature of the programs or services to be provided the individual,	18820
the individual's rank on each waiting list that includes the	18821
individual, and any circumstances under which the individual was	18822
given priority when placed on a waiting list.	18823

(C) A board or entity that discloses an individual's identity	18824
or releases a record or report regarding an eligible person shall	18825
maintain a record of when and to whom the disclosure or release	18826
was made.	18827

(D)(1) At the request of an eligible person or the person's	18828
guardian or, if the eligible person is a minor, the person's	18829
parent or guardian, a county board or entity under contract with a	18830
county board shall provide the person who made the request access	18831
to records and reports regarding the eligible person. On written	18832
request, the county board or entity shall provide copies of the	18833
records and reports to the eligible person, guardian, or parent.	18834
The county board or entity may charge a reasonable fee to cover	18835
the costs of copying. The county board or entity may waive the fee	18836
in cases of hardship.	18837

(2) A county board shall provide access to any waiting list	18838
or record or report regarding an eligible person maintained by the	18839
board to any state agency responsible for monitoring and reviewing	18840
programs and services provided or arranged by the county board,	18841
any state agency involved in the coordination of services for an	18842
eligible person, and any agency under contract with the department	18843
of ~~mental retardation and~~ developmental disabilities for the	18844
provision of protective service pursuant to section 5123.56 of the	18845
Revised Code.	18846

(3) When an eligible person who requests programs or services	18847
under this chapter dies, the county board or entity under contract	18848
with the county board, shall, on written request, provide to both	18849
of the following persons any reports and records in the board or	18850
entity's possession concerning the eligible person:	18851

(a) If the report or records are necessary to administer the	18852
estate of the person who is the subject of the reports or records,	18853
to the executor or administrator of the person's estate;	18854

(b) To the guardian of the person who is the subject of the	18855
reports or records or, if the individual had no guardian at the	18856
time of death, to a person in the first applicable of the	18857
following categories:	18858

(i) The person's spouse;

18859

(ii) The person's children;

18860

(iii) The person's parents;

18861

(iv) The person's brothers or sisters;

18862

(v) The person's uncles or aunts;

18863

(vi) The person's closest relative by blood or adoption;

18864

(vii) The person's closest relative by marriage.

18865

The county board or entity shall provide the reports and	18866
records as required by division (D)(3) of this section not later	18867
than thirty days after receipt of the request.	18868

(E) A county board shall notify an eligible person, the	18869
person's guardian, or, if the eligible person is a minor, the	18870
person's parent or guardian, prior to destroying any record or	18871
report regarding the eligible person.	18872

Sec. 5126.045. (A) As used in this section, "eligible	18873
person" means a person eligible to receive services from a county	18874
board of mental retardation and developmental disabilities or from	18875
an entity under contract with a county board.	18876

(B) A county board shall establish fees for services rendered	18877
to eligible persons if such fees are required by federal	18878
regulation and by rule adopted by the director of ~~mental~~	18879
~~retardation and~~ developmental disabilities.	18880

A county board may provide services to a person who does not	18881
meet the standards for eligibility. The board may establish fees	18882
for these services, which may be paid for by the person, by	18883
another person on the person's behalf of the ineligible person, or	18884
by another governmental entity.	18885

Sec. 5126.046. (A) Each county board of mental retardation	18886
and developmental disabilities that has medicaid local	18887
administrative authority under division (A) of section 5126.055 of	18888
the Revised Code for habilitation, vocational, or community	18889
employment services provided as part of home and community-based	18890
services shall create a list of all persons and government	18891
entities eligible to provide such habilitation, vocational, or	18892
community employment services. If the county board chooses and is	18893
eligible to provide such habilitation, vocational, or community	18894
employment services, the county board shall include itself on the	18895
list. The county board shall make the list available to each	18896
individual with mental retardation or other developmental	18897
disability who resides in the county and is eligible for such	18898
habilitation, vocational, or community employment services. The	18899
county board shall also make the list available to such	18900
individuals' families.	18901

An individual with mental retardation or other developmental	18902
disability who is eligible for habilitation, vocational, or	18903
community employment services may choose the provider of the	18904
services.	18905

(B) Each month, the department of ~~mental retardation and~~	18906
developmental disabilities shall create a list of all persons and	18907
government entities eligible to provide residential services and	18908
supported living. The department shall include on the list all	18909
residential facilities licensed under section 5123.19 of the	18910
Revised Code and all supported living providers certified under	18911
section 5123.161 of the Revised Code. The department shall	18912
distribute the monthly lists to county boards that have local	18913
administrative authority under division (A) of section 5126.055	18914
of the Revised Code for residential services and supported living	18915
provided as part of home and community-based services. A county	18916
board that receives a list shall make it available to each	18917
individual with mental retardation or other developmental	18918
disability who resides in the county and is eligible for such	18919
residential services or supported living. The county board shall	18920
also make the list available to the families of those	18921
individuals.	18922

An individual who is eligible for residential services or	18923
supported living may choose the provider of the residential	18924
services or supported living.	18925

(C) If a county board that has medicaid local administrative	18926
authority under division (A) of section 5126.055 of the Revised	18927
Code for home and community-based services violates the right	18928
established by this section of an individual to choose a provider	18929
that is qualified and willing to provide services to the	18930
individual, the individual shall receive timely notice that the	18931
individual may request a hearing under section 5101.35 of the	18932
Revised Code.	18933

(D) The departments of ~~mental retardation and~~ developmental	18934
disabilities and job and family services shall adopt rules in	18935
accordance with Chapter 119. of the Revised Code governing the	18936
implementation of this section. The rules shall include procedures	18937
for individuals to choose their service providers. The rules shall	18938
not be limited by a provider selection system established under	18939
section 5126.42 of the Revised Code, including any pool of	18940
providers created pursuant to a provider selection system.	18941

Sec. 5126.05. (A) Subject to the rules established by the	18942
director of ~~mental retardation and~~ developmental disabilities	18943
pursuant to Chapter 119. of the Revised Code for programs and	18944
services offered pursuant to this chapter, and subject to the	18945
rules established by the state board of education pursuant to	18946
Chapter 119. of the Revised Code for programs and services offered	18947
pursuant to Chapter 3323. of the Revised Code, the county board of	18948
mental retardation and developmental disabilities shall:	18949

(1) Administer and operate facilities, programs, and services	18950
as provided by this chapter and Chapter 3323. of the Revised Code	18951
and establish policies for their administration and operation;	18952

(2) Coordinate, monitor, and evaluate existing services and	18953
facilities available to individuals with mental retardation and	18954
developmental disabilities;	18955

(3) Provide early childhood services, supportive home	18956
services, and adult services, according to the plan and priorities	18957
developed under section 5126.04 of the Revised Code;	18958

(4) Provide or contract for special education services	18959
pursuant to Chapters 3317. and 3323. of the Revised Code and	18960
ensure that related services, as defined in section 3323.01 of the	18961
Revised Code, are available according to the plan and priorities	18962
developed under section 5126.04 of the Revised Code;	18963

(5) Adopt a budget, authorize expenditures for the purposes	18964
specified in this chapter and do so in accordance with section	18965
319.16 of the Revised Code, approve attendance of board members	18966
and employees at professional meetings and approve expenditures	18967
for attendance, and exercise such powers and duties as are	18968
prescribed by the director;	18969

(6) Submit annual reports of its work and expenditures,	18970
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	18971
the director, the superintendent of public instruction, and the	18972
board of county commissioners at the close of the fiscal year and	18973
at such other times as may reasonably be requested;	18974

(7) Authorize all positions of employment, establish	18975
compensation, including but not limited to salary schedules and	18976
fringe benefits for all board employees, approve contracts of	18977
employment for management employees that are for a term of more	18978
than one year, employ legal counsel under section 309.10 of the	18979
Revised Code, and contract for employee benefits;	18980

(8) Provide service and support administration in accordance	18981
with section 5126.15 of the Revised Code;	18982

(9) Certify respite care homes pursuant to rules adopted	18983
under section 5123.171 of the Revised Code by the director of	18984
~~mental retardation and~~ developmental disabilities.	18985

(B) To the extent that rules adopted under this section apply	18986
to the identification and placement of children with	18987
disabilities under Chapter 3323. of the Revised Code, they shall	18988
be consistent with the standards and procedures established under	18989
sections 3323.03 to 3323.05 of the Revised Code.	18990

(C) Any county board may enter into contracts with other such	18991
boards and with public or private, nonprofit, or profit-making	18992
agencies or organizations of the same or another county, to	18993
provide the facilities, programs, and services authorized or	18994
required, upon such terms as may be agreeable, and in accordance	18995
with this chapter and Chapter 3323. of the Revised Code and rules	18996
adopted thereunder and in accordance with sections 307.86 and	18997
5126.071 of the Revised Code.	18998

(D) A county board may combine transportation for children	18999
and adults enrolled in programs and services offered under section	19000
5126.12 with transportation for children enrolled in classes	19001
funded under section 3317.20 or units approved under section	19002
3317.05 of the Revised Code.	19003

(E) A county board may purchase all necessary insurance	19004
policies, may purchase equipment and supplies through the	19005
department of administrative services or from other sources, and	19006
may enter into agreements with public agencies or nonprofit	19007
organizations for cooperative purchasing arrangements.	19008

(F) A county board may receive by gift, grant, devise, or	19009
bequest any moneys, lands, or property for the benefit of the	19010
purposes for which the board is established and hold, apply, and	19011
dispose of the moneys, lands, and property according to the terms	19012
of the gift, grant, devise, or bequest. All money received by	19013
gift, grant, bequest, or disposition of lands or property received	19014
by gift, grant, devise, or bequest shall be deposited in the	19015
county treasury to the credit of such board and shall be available	19016
for use by the board for purposes determined or stated by the	19017
donor or grantor, but may not be used for personal expenses of the	19018
board members. Any interest or earnings accruing from such gift,	19019
grant, devise, or bequest shall be treated in the same manner and	19020
subject to the same provisions as such gift, grant, devise, or	19021
bequest.	19022

(G) The board of county commissioners shall levy taxes and	19023
make appropriations sufficient to enable the county board of	19024
mental retardation and developmental disabilities to perform its	19025
functions and duties, and may utilize any available local, state,	19026
and federal funds for such purpose.	19027

Sec. 5126.051. (A) To the extent that resources are	19028
available, a county board of mental retardation and developmental	19029
disabilities shall provide for or arrange residential services and	19030
supported living for individuals with mental retardation and	19031
developmental disabilities.	19032

A county board may acquire, convey, lease, or sell property	19033
for residential services and supported living and enter into loan	19034
agreements, including mortgages, for the acquisition of such	19035
property. A county board is not required to comply with provisions	19036
of Chapter 307. of the Revised Code providing for competitive	19037
bidding or sheriff sales in the acquisition, lease, conveyance, or	19038
sale of property under this division, but the acquisition, lease,	19039
conveyance, or sale must be at fair market value determined by	19040
appraisal of one or more disinterested persons appointed by the	19041
board.	19042

Any action taken by a county board under this division that	19043
will incur debt on the part of the county shall be taken in	19044
accordance with Chapter 133. of the Revised Code. A county board	19045
shall not incur any debt on the part of the county without the	19046
prior approval of the board of county commissioners.	19047

(B)(1) To the extent that resources are available, in	19048
addition to sheltered employment and work activities provided as	19049
adult services pursuant to division (A)(3) of section 5126.05 of	19050
the Revised Code, a county board of mental retardation and	19051
developmental disabilities may provide or arrange for job	19052
training, vocational evaluation, and community employment services	19053
to mentally retarded and developmentally disabled individuals who	19054
are age eighteen and older and not enrolled in a program or	19055
service under Chapter 3323. of the Revised Code or age sixteen or	19056
seventeen and eligible for adult services under rules adopted by	19057
the director of ~~mental retardation and~~ developmental disabilities	19058
under Chapter 119. of the Revised Code. These services shall be	19059
provided in accordance with the individual's individual service or	19060
habilitation plan and shall include support services specified in	19061
the plan.	19062

(2) A county board may, in cooperation with the Ohio	19063
rehabilitation services commission, seek federal funds for job	19064
training and community employment.	19065

(3) A county board may contract with any agency, board, or	19066
other entity that is accredited by the commission on accreditation	19067
of rehabilitation facilities to provide services. A county board	19068
that is accredited by the commission on accreditation of	19069
rehabilitation facilities may provide services for which it is	19070
certified by the commission.	19071

(C) To the extent that resources are available, a county	19072
board may provide services to an individual with mental	19073
retardation or other developmental disability in addition to those	19074
provided pursuant to this section, section 5126.05 of the Revised	19075
Code, or any other section of this chapter. The services shall be	19076
provided in accordance with the individual's habilitation or	19077
service plan and may be provided in collaboration with other	19078
entities of state or local government.	19079

Sec. 5126.054. (A) Each county board of mental retardation	19080
and developmental disabilities shall, by resolution, develop a	19081
three-calendar year plan that includes the following three	19082
components:	19083

(1) An assessment component that includes all of the	19084
following:	19085

(a) The number of individuals with mental retardation or	19086
other developmental disability residing in the county who need the	19087
level of care provided by an intermediate care facility for the	19088
mentally retarded, may seek home and community-based services, are	19089
given priority for the services pursuant to division (D) of	19090
section 5126.042 of the Revised Code; the service needs of those	19091
individuals; and the projected annualized cost for services;	19092

(b) The source of funds available to the county board to pay	19093
the nonfederal share of medicaid expenditures that the county	19094
board is required by sections 5126.059 and 5126.0510 of the	19095
Revised Code to pay;	19096

(c) Any other applicable information or conditions that the	19097
department of ~~mental retardation and~~ developmental disabilities	19098
requires as a condition of approving the component under section	19099
5123.046 of the Revised Code.	19100

(2) (A preliminary implementation component that specifies	19101
the number of individuals to be provided, during the first year	19102
that the plan is in effect, home and community-based services	19103
pursuant to the priority given to them under divisions (D)(1) and	19104
(2) of section 5126.042 of the Revised Code and the types of home	19105
and community-based services the individuals are to receive;	19106

(3) A component that provides for the implementation of	19107
medicaid case management services and home and community-based	19108
services for individuals who begin to receive the services on or	19109
after the date the plan is approved under section 5123.046 of the	19110
Revised Code. A county board shall include all of the following in	19111
the component:	19112

(a) If the department of ~~mental retardation and~~ developmental	19113
disabilities or department of job and family services requires, an	19114
agreement to pay the nonfederal share of medicaid expenditures	19115
that the county board is required by sections 5126.059 and	19116
5126.0510 of the Revised Code to pay;	19117

(b) How the services are to be phased in over the period the	19118
plan covers, including how the county board will serve individuals	19119
on a waiting list established under division (C) of section	19120
5126.042 who are given priority status under division (D)(1) of	19121
that section;	19122

(c) Any agreement or commitment regarding the county board's	19123
funding of home and community-based services that the county board	19124
has with the department at the time the county board develops the	19125
component;	19126

(d) Assurances adequate to the department that the county	19127
board will comply with all of the following requirements:	19128

(i) To provide the types of home and community-based services	19129
specified in the preliminary implementation component required by	19130
division (A)(2) of this section to at least the number of	19131
individuals specified in that component;	19132

(ii) To use any additional funds the county board receives	19133
for the services to improve the county board's resource	19134
capabilities for supporting such services available in the county	19135
at the time the component is developed and to expand the services	19136
to accommodate the unmet need for those services in the county;	19137

(iii) To employ a business manager who is either a new	19138
employee who has earned at least a bachelor's degree in business	19139
administration or a current employee who has the equivalent	19140
experience of a bachelor's degree in business administration. If	19141
the county board will employ a new employee, the county board	19142
shall include in the component a timeline for employing the	19143
employee.	19144

(iv) To employ or contract with a medicaid services manager	19145
who is either a new employee who has earned at least a bachelor's	19146
degree or a current employee who has the equivalent experience of	19147
a bachelor's degree. If the county board will employ a new	19148
employee, the county board shall include in the component a	19149
timeline for employing the employee. Two or three county boards	19150
that have a combined total enrollment in county board services not	19151
exceeding one thousand individuals as determined pursuant to	19152
certifications made under division (B) of section 5126.12 of the	19153
Revised Code may satisfy this requirement by sharing the services	19154
of a medicaid services manager or using the services of a medicaid	19155
services manager employed by or under contract with a regional	19156
council that the county boards establish under section 5126.13 of	19157
the Revised Code.	19158

(e) Programmatic and financial accountability measures and	19159
projected outcomes expected from the implementation of the plan;	19160

(f) Any other applicable information or conditions that the	19161
department requires as a condition of approving the component	19162
under section 5123.046 of the Revised Code.	19163

(B) A county board whose plan developed under division (A) of	19164
this section is approved by the department under section 5123.046	19165
of the Revised Code shall update and renew the plan in accordance	19166
with a schedule the department shall develop.	19167

Sec. 5126.055. (A) Except as provided in section 5126.056	19168
of the Revised Code, a county board of mental retardation and	19169
developmental disabilities has medicaid local administrative	19170
authority to, and shall, do all of the following for an individual	19171
with mental retardation or other developmental disability who	19172
resides in the county that the county board serves and seeks or	19173
receives home and community-based services:	19174

(1) Perform assessments and evaluations of the individual. As	19175
part of the assessment and evaluation process, the county board	19176
shall do all of the following:	19177

(a) Make a recommendation to the department of ~~mental~~	19178
~~retardation and~~ developmental disabilities on whether the	19179
department should approve or deny the individual's application for	19180
the services, including on the basis of whether the individual	19181
needs the level of care an intermediate care facility for the	19182
mentally retarded provides;	19183

(b) If the individual's application is denied because of the	19184
county board's recommendation and the individual requests a	19185
hearing under section 5101.35 of the Revised Code, present, with	19186
the department of ~~mental retardation and~~ developmental	19187
disabilities or department of job and family services, whichever	19188
denies the application, the reasons for the recommendation and	19189
denial at the hearing;	19190

(c) If the individual's application is approved, recommend to	19191
the departments of ~~mental retardation and~~ developmental	19192
disabilities and job and family services the services that should	19193
be included in the individual's individualized service plan and,	19194
if either department approves, reduces, denies, or terminates a	19195
service included in the individual's individualized service plan	19196
under section 5111.871 of the Revised Code because of the county	19197
board's recommendation, present, with the department that made the	19198
approval, reduction, denial, or termination, the reasons for the	19199
recommendation and approval, reduction, denial, or termination at	19200
a hearing under section 5101.35 of the Revised Code.	19201

(2) In accordance with the rules adopted under section	19202
5126.046 of the Revised Code, perform the county board's duties	19203
under that section regarding assisting the individual's right to	19204
choose a qualified and willing provider of the services and, at a	19205
hearing under section 5101.35 of the Revised Code, present	19206
evidence of the process for appropriate assistance in choosing	19207
providers;	19208

(3) If the county board is certified under section 5123.161	19209
of the Revised Code to provide the services and agrees to	19210
provide the services to the individual and the individual	19211
chooses the county board to provide the services, furnish, in	19212
accordance with the county board's medicaid provider agreement	19213
and for the authorized reimbursement rate, the services the	19214
individual requires;	19215

(4) Monitor the services provided to the individual and	19216
ensure the individual's health, safety, and welfare. The	19217
monitoring shall include quality assurance activities. If the	19218
county board provides the services, the department of ~~mental~~	19219
~~retardation and~~ developmental disabilities shall also monitor the	19220
services.	19221

(5) Develop, with the individual and the provider of the	19222
individual's services, an effective individualized service plan	19223
that includes coordination of services, recommend that the	19224
departments of ~~mental retardation and~~ developmental disabilities	19225
and job and family services approve the plan, and implement the	19226
plan unless either department disapproves it;	19227

(6) Have an investigative agent conduct investigations under	19228
section 5126.313 of the Revised Code that concern the individual;	19229

(7) Have a service and support administrator perform the	19230
duties under division (B)(9) of section 5126.15 of the Revised	19231
Code that concern the individual.	19232

(B) A county board shall perform its medicaid local	19233
administrative authority under this section in accordance with all	19234
of the following:	19235

(1) The county board's plan that the department of ~~mental~~	19236
~~retardation and~~ developmental disabilities approves under section	19237
5123.046 of the Revised Code;	19238

(2) All applicable federal and state laws;

19239

(3) All applicable policies of the departments of ~~mental~~	19240
~~retardation and~~ developmental disabilities and job and family	19241
services and the United States department of health and human	19242
services;	19243

(4) The department of job and family services' supervision	19244
under its authority under section 5111.01 of the Revised Code to	19245
act as the single state medicaid agency;	19246

(5) The department of ~~mental retardation and~~ developmental	19247
disabilities' oversight.	19248

(C) The departments of ~~mental retardation and~~ developmental	19249
disabilities and job and family services shall communicate with	19250
and provide training to county boards regarding medicaid local	19251
administrative authority granted by this section. The	19252
communication and training shall include issues regarding audit	19253
protocols and other standards established by the United States	19254
department of health and human services that the departments	19255
determine appropriate for communication and training. County	19256
boards shall participate in the training. The departments shall	19257
assess the county board's compliance against uniform standards	19258
that the departments shall establish.	19259

(D) A county board may not delegate its medicaid local	19260
administrative authority granted under this section but may	19261
contract with a person or government entity, including a council	19262
of governments, for assistance with its medicaid local	19263
administrative authority. A county board that enters into such a	19264
contract shall notify the director of ~~mental retardation and~~	19265
developmental disabilities. The notice shall include the tasks and	19266
responsibilities that the contract gives to the person or	19267
government entity. The person or government entity shall comply in	19268
full with all requirements to which the county board is subject	19269
regarding the person or government entity's tasks and	19270
responsibilities under the contract. The county board remains	19271
ultimately responsible for the tasks and responsibilities.	19272

(E) A county board that has medicaid local administrative	19273
authority under this section shall, through the departments of	19274
~~mental retardation and~~ developmental disabilities and job and	19275
family services, reply to, and cooperate in arranging compliance	19276
with, a program or fiscal audit or program violation exception	19277
that a state or federal audit or review discovers. The department	19278
of job and family services shall timely notify the department of	19279
~~mental retardation and~~ developmental disabilities and the county	19280
board of any adverse findings. After receiving the notice, the	19281
county board, in conjunction with the department of ~~mental~~	19282
~~retardation and~~ developmental disabilities, shall cooperate fully	19283
with the department of job and family services and timely prepare	19284
and send to the department a written plan of correction or	19285
response to the adverse findings. The county board is liable for	19286
any adverse findings that result from an action it takes or fails	19287
to take in its implementation of medicaid local administrative	19288
authority.	19289

(F) If the department of ~~mental retardation and~~ developmental	19290
disabilities or department of job and family services determines	19291
that a county board's implementation of its medicaid local	19292
administrative authority under this section is deficient, the	19293
department that makes the determination shall require that county	19294
board do the following:	19295

(1) If the deficiency affects the health, safety, or welfare	19296
of an individual with mental retardation or other developmental	19297
disability, correct the deficiency within twenty-four hours;	19298

(2) If the deficiency does not affect the health, safety, or	19299
welfare of an individual with mental retardation or other	19300
developmental disability, receive technical assistance from the	19301
department or submit a plan of correction to the department that	19302
is acceptable to the department within sixty days and correct the	19303
deficiency within the time required by the plan of correction.	19304

Sec. 5126.056. (A) The department of ~~mental retardation and~~	19305
developmental disabilities shall take action under division (B) of	19306
this section against a county board of mental retardation and	19307
developmental disabilities if any of the following are the case:	19308

(1) The county board fails to submit to the department all	19309
the components of its three-year plan required by section 5126.054	19310
of the Revised Code.	19311

(2) The department disapproves the county board's three-year	19312
plan under section 5123.046 of the Revised Code.	19313

(3) The county board fails, as required by division (B) of	19314
section 5126.054 of the Revised Code, to update and renew its	19315
three-year plan in accordance with a schedule the department	19316
develops under that section.	19317

(4) The county board fails to implement its initial or	19318
renewed three-year plan approved by the department.	19319

(5) The county board fails to correct a deficiency within the	19320
time required by division (F) of section 5126.055 of the Revised	19321
Code to the satisfaction of the department.	19322

(6) The county board fails to submit an acceptable plan of	19323
correction to the department within the time required by division	19324
(F)(2) of section 5126.055 of the Revised Code.	19325

(B) If required by division (A) of this section to take	19326
action against a county board, the department shall issue an order	19327
terminating the county board's medicaid local administrative	19328
authority over all or part of home and community-based services,	19329
medicaid case management services, or all or part of both of those	19330
services. The department shall provide a copy of the order to the	19331
board of county commissioners, senior probate judge, county	19332
auditor, and president and superintendent of the county board. The	19333
department shall specify in the order the medicaid local	19334
administrative authority that the department is terminating, the	19335
reason for the termination, and the county board's option and	19336
responsibilities under this division.	19337

A county board whose medicaid local administrative authority	19338
is terminated may, not later than thirty days after the department	19339
issues the termination order, recommend to the department that	19340
another county board that has not had any of its medicaid local	19341
administrative authority terminated or another entity the	19342
department approves administer the services for which the county	19343
board's medicaid local administrative authority is terminated. The	19344
department may contract with the other county board or entity to	19345
administer the services. If the department enters into such a	19346
contract, the county board shall adopt a resolution giving the	19347
other county board or entity full medicaid local administrative	19348
authority over the services that the other county board or entity	19349
is to administer. The other county board or entity shall be known	19350
as the contracting authority.	19351

If the department rejects the county board's recommendation	19352
regarding a contracting authority, the county board may appeal the	19353
rejection under section 5123.043 of the Revised Code.	19354

If the county board does not submit a recommendation to the	19355
department regarding a contracting authority within the required	19356
time or the department rejects the county board's recommendation	19357
and the rejection is upheld pursuant to an appeal, if any, under	19358
section 5123.043 of the Revised Code, the department shall appoint	19359
an administrative receiver to administer the services for which	19360
the county board's medicaid local administrative authority is	19361
terminated. To the extent necessary for the department to appoint	19362
an administrative receiver, the department may utilize employees	19363
of the department, management personnel from another county board,	19364
or other individuals who are not employed by or affiliated with in	19365
any manner a person that provides home and community-based	19366
services or medicaid case management services pursuant to a	19367
contract with any county board. The administrative receiver shall	19368
assume full administrative responsibility for the county board's	19369
services for which the county board's medicaid local	19370
administrative authority is terminated.	19371

The contracting authority or administrative receiver shall	19372
develop and submit to the department a plan of correction to	19373
remediate the problems that caused the department to issue the	19374
termination order. If, after reviewing the plan, the department	19375
approves it, the contracting authority or administrative receiver	19376
shall implement the plan.	19377

The county board shall transfer control of state and federal	19378
funds it is otherwise eligible to receive for the services for	19379
which the county board's medicaid local administrative authority	19380
is terminated and funds the county board may use under division	19381
(A) of section 5126.0511 of the Revised Code to pay the	19382
nonfederal share of the services that the county board is	19383
required by sections 5126.059 and 5126.0510 of the Revised Code	19384
to pay. The county board shall transfer control of the funds to	19385
the contracting authority or administrative receiver administering	19386
the services. The amount the county board shall transfer shall be	19387
the amount necessary for the contracting authority or	19388
administrative receiver to fulfill its duties in administering	19389
the services, including its duties to pay its personnel for time	19390
worked, travel, and related matters. If the county board fails to	19391
make the transfer, the department may withhold the state and	19392
federal funds from the county board and bring a mandamus action	19393
against the county board in the court of common pleas of the	19394
county served by the county board or in the Franklin county court	19395
of common pleas. The mandamus action may not require that the	19396
county board transfer any funds other than the funds the county	19397
board is required by division (B) of this section to transfer.	19398

The contracting authority or administrative receiver has the	19399
right to authorize the payment of bills in the same manner that	19400
the county board may authorize payment of bills under this chapter	19401
and section 319.16 of the Revised Code.	19402

Sec. 5126.0510. (A) Except as otherwise provided in an	19403
agreement entered into under section 5123.048 of the Revised Code	19404
and subject to divisions (B), (C), and (D) of this section, a	19405
county board of mental retardation and developmental disabilities	19406
shall pay the nonfederal share of medicaid expenditures for the	19407
following home and community-based services provided to an	19408
individual with mental retardation or other developmental	19409
disability who the county board determines under section 5126.041	19410
of the Revised Code is eligible for county board services:	19411

(1) Home and community-based services provided by the county	19412
board to such an individual;	19413

(2) Home and community-based services provided by a provider	19414
other than the county board to such an individual who is enrolled	19415
as of June 30, 2007, in the medicaid waiver component under which	19416
the services are provided;	19417

(3) Home and community-based services provided by a provider	19418
other than the county board to such an individual who, pursuant to	19419
a request the county board makes, enrolls in the medicaid waiver	19420
component under which the services are provided after June 30,	19421
2007;	19422

(4) Home and community-based services provided by a provider	19423
other than the county board to such an individual for whom there	19424
is in effect an agreement entered into under division (E) of this	19425
section between the county board and director of ~~mental~~	19426
~~retardation and~~ developmental disabilities.	19427

(B) In the case of medicaid expenditures for home and	19428
community-based services for which division (A)(2) of this section	19429
requires a county board to pay the nonfederal share, the following	19430
shall apply to such services provided during fiscal year 2008	19431
under the individual options medicaid waiver component:	19432

(1) The county board shall pay no less than the total amount	19433
the county board paid as the nonfederal share for home and	19434
community-based services provided in fiscal year 2007 under the	19435
individual options medicaid waiver component;	19436

(2) The county board shall pay no more than the sum of the	19437
following:	19438

(a) The total amount the county board paid as the nonfederal	19439
share for home and community-based services provided in fiscal	19440
year 2007 under the individual options medicaid waiver component;	19441

(b) An amount equal to one per cent of the total amount the	19442
department of ~~mental retardation and~~ developmental disabilities	19443
and county board paid as the nonfederal share for home and	19444
community-based services provided in fiscal year 2007 under the	19445
individual options medicaid waiver component to individuals the	19446
county board determined under section 5126.041 of the Revised Code	19447
are eligible for county board services.	19448

(C) A county board is not required to pay the nonfederal	19449
share of home and community-based services provided after June 30,	19450
2008, that the county board is otherwise required by division	19451
(A)(2) of this section to pay if the department of ~~mental~~	19452
~~retardation and~~ developmental disabilities fails to comply with	19453
division (A) of section 5123.0416 of the Revised Code.	19454

(D) A county board is not required to pay the nonfederal	19455
share of home and community-based services that the county board	19456
is otherwise required by division (A)(3) of this section to pay if	19457
both of the following apply:	19458

(1) The services are provided to an individual who enrolls in	19459
the medicaid waiver component under which the services are	19460
provided as the result of an order issued following a state	19461
hearing, administrative appeal, or appeal to a court of common	19462
pleas made under section 5101.35 of the Revised Code;	19463

(2) There are more individuals who are eligible for services	19464
from the county board enrolled in the medicaid waiver component	19465
than is required by section 5126.0512 of the Revised Code.	19466

(E) A county board may enter into an agreement with the	19467
director of ~~mental retardation and~~ developmental disabilities	19468
under which the county board agrees to pay the nonfederal share of	19469
medicaid expenditures for one or more home and community-based	19470
services that the county board is not otherwise required by	19471
division (A)(1), (2), or (3) of this section to pay and that are	19472
provided to an individual the county board determines under	19473
section 5126.041 of the Revised Code is eligible for county board	19474
services. The agreement shall specify which home and	19475
community-based services the agreement covers. The county board	19476
shall pay the nonfederal share of medicaid expenditures for the	19477
home and community-based services that the agreement covers as	19478
long as the agreement is in effect.	19479

Sec. 5126.0511. (A) A county board of mental retardation and	19480
developmental disabilities may use the following funds to pay the	19481
nonfederal share of the medicaid expenditures that the county	19482
board is required by sections 5126.059 and 5126.0510 of the	19483
Revised Code to pay:	19484

(1) To the extent consistent with the levy that generated the	19485
taxes, the following taxes:	19486

(a) Taxes levied pursuant to division (L) of section 5705.19	19487
of the Revised Code and section 5705.222 of the Revised Code;	19488

(b) Taxes levied under section 5705.191 of the Revised Code	19489
that the board of county commissioners allocates to the county	19490
board.	19491

(2) Funds that the department of ~~mental retardation and~~	19492
developmental disabilities distributes to the county board under	19493
sections 5126.11 and 5126.18 of the Revised Code;	19494

(3) Earned federal revenue funds the county board receives	19495
for medicaid services the county board provides pursuant to the	19496
county board's valid medicaid provider agreement;	19497

(4) Funds that the department of ~~mental retardation and~~	19498
developmental disabilities distributes to the county board as	19499
subsidy payments;	19500

(5) In the case of medicaid expenditures for home and	19501
community-based services, funds allocated to or otherwise made	19502
available for the county board under section 5123.0416 of the	19503
Revised Code to pay the nonfederal share of such medicaid	19504
expenditures.	19505

Each year, each county board shall adopt a resolution	19506
specifying the amount of funds it will use in the next year to pay	19507
the nonfederal share of the medicaid expenditures that the county	19508
board is required by sections 5126.059 and 5126.0510 of the	19509
Revised Code to pay. The amount specified shall be adequate to	19510
assure that the services for which the medicaid expenditures are	19511
made will be available in the county in a manner that conforms to	19512
all applicable state and federal laws. A county board shall state	19513
in its resolution that the payment of the nonfederal share	19514
represents an ongoing financial commitment of the county board. A	19515
county board shall adopt the resolution in time for the county	19516
auditor to make the determination required by division (C) of	19517
this section.	19518

(C) Each year, a county auditor shall determine whether the	19519
amount of funds a county board specifies in the resolution it	19520
adopts under division (B) of this section will be available in	19521
the following year for the county board to pay the nonfederal	19522
share of the medicaid expenditures that the county board is	19523
required by sections 5126.059 and 5126.0510 of the Revised Code	19524
to pay. The county auditor shall make the determination not later	19525
than the last day of the year before the year in which the funds	19526
are to be used.	19527

Sec. 5126.071. (A) As used in this section, "minority	19528
business enterprise" has the meaning given in division (E)(1) of	19529
section 122.71 of the Revised Code.	19530

(B) Any minority business enterprise that desires to bid on a	19531
contract under division (C) or (D) of this section shall first	19532
apply to the equal employment opportunity coordinator in the	19533
department of administrative services for certification as a	19534
minority business enterprise. The coordinator shall approve the	19535
application of any minority business enterprise that complies with	19536
the rules adopted under section 122.71 of the Revised Code. The	19537
coordinator shall prepare and maintain a list of minority business	19538
enterprises certified under this section.	19539

(C) From the contracts to be awarded for the purchases of	19540
equipment, materials, supplies, insurance, and nonprogram	19541
services, other than contracts entered into and exempt under	19542
sections 307.86 and 5126.05 of the Revised Code, each county board	19543
of mental retardation and developmental disabilities shall select	19544
a number of contracts with an aggregate value of approximately	19545
fifteen per cent of the total estimated value of such contracts to	19546
be awarded in the current calendar year. The board shall set aside	19547
the contracts so selected for bidding by minority business	19548
enterprises only. The bidding procedures for such contracts shall	19549
be the same as for all other contracts awarded under section	19550
307.86 of the Revised Code, except that only minority business	19551
enterprises certified and listed under division (B) of this	19552
section shall be qualified to submit bids. Contracts set aside and	19553
awarded under this section shall not include contracts for the	19554
purchase of services such as direct and ancillary services,	19555
service and support administration, residential services, and	19556
family support services.	19557

(D) To the extent that a board is authorized to enter into	19558
contracts for construction which are not exempt from the	19559
competitive bidding requirements of section 307.86 of the Revised	19560
Code, the board shall set aside a number of contracts the	19561
aggregate value of which equals approximately five per cent of the	19562
aggregate value of construction contracts for the current calendar	19563
year for bidding by minority business enterprises only. The	19564
bidding procedures for the contracts set aside for minority	19565
business enterprises shall be the same as for all other contracts	19566
awarded by the board, except that only minority business	19567
enterprises certified and listed under division (B) of this	19568
section shall be qualified to submit bids.	19569

Any contractor awarded a construction contract pursuant to	19570
this section shall make every effort to ensure that certified	19571
minority business subcontractors and materials suppliers	19572
participate in the contract. In the case of contracts specified in	19573
this division, the total value of subcontracts awarded to and	19574
materials and services purchased from minority businesses shall be	19575
at least ten per cent of the total value of the contract, wherever	19576
possible and whenever the contractor awards subcontracts or	19577
purchases materials or services.	19578

(E) In the case of contracts set aside under divisions (C)	19579
and (D) of this section, if no bid is submitted by a minority	19580
business enterprise, the contract shall be awarded according to	19581
normal bidding procedures. The board shall from time to time set	19582
aside such additional contracts as are necessary to replace those	19583
contracts previously set aside on which no minority business	19584
enterprise bid.	19585

(F) This section does not preclude any minority business	19586
enterprise from bidding on any other contract not specifically set	19587
aside for minority business enterprises.	19588

(G) Within ninety days after the beginning of each calendar	19589
year, each county board of mental retardation and developmental	19590
disabilities shall file a report with the department of ~~mental~~	19591
~~retardation and~~ developmental disabilities that shows for that	19592
calendar year the name of each minority business enterprise with	19593
which the board entered into a contract, the value and type of	19594
each such contract, the total value of contracts awarded under	19595
divisions (C) and (D) of this section, the total value of	19596
contracts awarded for the purchases of equipment, materials,	19597
supplies, or services, other than contracts entered into under the	19598
exemptions of sections 307.86 and 5126.05 of the Revised Code, and	19599
the total value of contracts entered into for construction.	19600

(H) Any person who intentionally misrepresents that person as	19601
owning, controlling, operating, or participating in a minority	19602
business enterprise for the purpose of obtaining contracts or any	19603
other benefits under this section shall be guilty of theft by	19604
deception as provided for in section 2913.02 of the Revised Code.	19605

Sec. 5126.08. (A) The director of ~~mental retardation and~~	19606
developmental disabilities shall adopt rules in accordance with	19607
Chapter 119. of the Revised Code for all programs and services	19608
offered by a county board of mental retardation and developmental	19609
disabilities. Such rules shall include, but are not limited to,	19610
the following:	19611

(1) Determination of what constitutes a program or service;

19612

(2) Standards to be followed by a board in administering,	19613
providing, arranging, or operating programs and services;	19614

(3) Standards for determining the nature and degree of mental	19615
retardation, including mild mental retardation, or developmental	19616
disability;	19617

(4) Standards for determining eligibility for programs and	19618
services under sections 5126.042 and 5126.15 of the Revised Code;	19619

(5) Procedures for obtaining consent for the arrangement of	19620
services under section 5126.31 of the Revised Code and for	19621
obtaining signatures on individual service plans under that	19622
section;	19623

(6) Specification of the service and support administration	19624
to be provided by a county board and standards for resolving	19625
grievances in connection with service and support administration;	19626

(7) Standards for the provision of environmental	19627
modifications, including standards that require adherence to all	19628
applicable state and local building codes;	19629

(8) Standards for the provision of specialized medical,	19630
adaptive, and assistive equipment, supplies, and supports.	19631

(B) The director shall be the final authority in determining	19632
the nature and degree of mental retardation or developmental	19633
disability.	19634

Sec. 5126.081. (A) In addition to the rules adopted under	19635
division (A)(2) of section 5126.08 of the Revised Code	19636
establishing standards for the administration, provision,	19637
arrangement, and operation of programs and services by county	19638
boards of mental retardation and developmental disabilities, the	19639
department of ~~mental retardation and~~ developmental disabilities	19640
shall establish a system of accreditation for county boards of	19641
mental retardation and developmental disabilities to ensure that	19642
the boards are in compliance with federal and state statutes and	19643
rules. The department shall adopt rules in accordance with Chapter	19644
119. of the Revised Code governing the system of accreditation.	19645
The rules shall include appropriate timelines for compliance when	19646
a board is found to be not in compliance and appropriate actions	19647
to be taken by boards in complying with the accreditation	19648
requirements.	19649

(B) Prior to accrediting a board, the department shall	19650
conduct a comprehensive, on-site review of the board. During the	19651
review, the department shall document the board's compliance with	19652
the department's accreditation requirements. After completing the	19653
review, the department shall conduct an exit conference with the	19654
president of the board, the superintendent of the board, and any	19655
other officials the board asks to have present. The department	19656
shall discuss its findings from the review with the board's	19657
representatives and provide a written report of its findings not	19658
later than thirty days following the exit conference. If the	19659
department finds that the board is in compliance with the	19660
requirements for accreditation, the department shall issue	19661
evidence of accreditation to the board.	19662

Accreditation may be granted for periods of up to five years	19663
and may be renewed. Not less than once prior to the date a board's	19664
accreditation is scheduled to expire, the department shall conduct	19665
a comprehensive, on-site review of the board.	19666

Each board shall conduct an annual audit of itself to	19667
evaluate its compliance with the requirements for accreditation.	19668
The department may conduct an interim review of any new program or	19669
service initiated by a board after its last comprehensive review.	19670
The department may conduct other reviews and investigations as	19671
necessary to enforce this section.	19672

(C) If the department determines through its review of a	19673
board that the board is not in compliance with the requirements	19674
for accreditation, the department shall, except as provided in	19675
division (F) of this section, grant the board an opportunity to	19676
correct the matters in which it is not in compliance. The	19677
department shall grant the board an appropriate length of time to	19678
comply with the requirements prior to taking any action to deny	19679
accreditation to the board. To avoid denial of accreditation, the	19680
board superintendent shall prepare a plan of correction to	19681
remediate the matters specified in the department's written report	19682
as not being in compliance with the requirements for	19683
accreditation. The superintendent shall submit the plan to the	19684
board for review, and the board shall review the plan. If the	19685
board believes that the plan is sufficient to correct the matters,	19686
the board shall approve the plan by resolution and submit the plan	19687
to the department for its review. The department shall review the	19688
plan of correction. If the department approves the plan, the board	19689
shall commence action to implement the plan. The department shall,	19690
as necessary, conduct follow-up reviews of the board to determine	19691
whether it has met the requirements for accreditation. If the plan	19692
of correction submitted by a board is disapproved, the department	19693
shall inform the board of the reasons for disapproval and may	19694
grant the board an opportunity to submit a revised plan of	19695
correction.	19696

A board may request technical assistance from the department,	19697
other boards, or professional organizations in preparing plans of	19698
correction and in implementing plans of correction.	19699

(D) If, after being given the opportunity to implement a plan	19700
of correction, a board continues to fail to meet the requirements	19701
for accreditation, the department shall issue an order denying	19702
accreditation to the board. The department may deny accreditation	19703
to the board for all or part of the programs or services offered	19704
by the board.	19705

The department shall simultaneously notify all of the	19706
following officials in the county: the members of the board of	19707
county commissioners, the senior probate judge, the county	19708
auditor, and the president and superintendent of the county board	19709
of mental retardation and developmental disabilities. The notice	19710
shall identify the programs and services that have been denied	19711
accreditation, the requirements for accreditation with which the	19712
board is not in compliance, and the responsibilities of the county	19713
officials to contract under division (E)(1) of this section to	19714
have the board's programs and services administered by another	19715
party or become subject to administrative receivership under	19716
division (E)(2) of this section.	19717

(E)(1) When a board is denied accreditation, the department	19718
shall first give the board the option of contracting to have the	19719
board's programs and services that were denied accreditation	19720
administered by an accredited county board of mental retardation	19721
and developmental disabilities or another qualified entity subject	19722
to the approval of the department. The board may contract with	19723
more than one board that has been accredited. When a board enters	19724
into a contract, the board shall, by resolution, give the	19725
contractor full administrative authority over the programs and	19726
services that the contractor will administer.	19727

(2) If a board fails to exercise its option of entering into	19728
a contract under division (E)(1) of this section sooner than	19729
thirty days after the department denies accreditation, the	19730
department shall appoint an administrative receiver of the board's	19731
programs and services that were denied accreditation. The	19732
department may appoint employees of the department, management	19733
personnel from county boards of mental retardation and	19734
developmental disabilities, or individuals from other entities as	19735
necessary to meet its needs for appointing an administrative	19736
receiver, except that individuals from other entities may be	19737
appointed only when qualified department employees or board	19738
management personnel are unavailable. The department may not	19739
appoint an individual who is employed by or affiliated with an	19740
entity that is under contract with the board. The administrative	19741
receiver shall assume full administrative responsibility for the	19742
board's programs and services that were denied accreditation.	19743

(3) The board or entity that contracts with a board under	19744
division (E)(1) of this section, or the administrative receiver	19745
appointed under division (E)(2) of this section, shall develop and	19746
implement a plan of correction to remediate the matters that	19747
caused the department to deny accreditation. The contractor or	19748
administrative receiver shall submit the plan to the department,	19749
and the department shall review the plan. If the plan is approved	19750
by the department, the contractor or administrative receiver shall	19751
commence action to implement the plan. The contractor or	19752
administrative receiver shall report to the department any	19753
findings it can make pertaining to issues or circumstances that	19754
are beyond the control of the board and result in the unlikelihood	19755
that compliance with the requirements for accreditation can be	19756
achieved unless the issues or circumstances are remediated.	19757

(4) For purposes of divisions (E)(1) and (2) of this section,	19758
the department shall require the board that has been denied	19759
accreditation to transfer control of state and federal funds it is	19760
eligible to receive for the board's programs and services that	19761
have been denied accreditation in an amount necessary for the	19762
contractor or administrative receiver to fulfill its duties in	19763
administering the programs and services for the board. The	19764
transfer of control of funds does not cause any programs and	19765
services of the board that are accredited to lose their	19766
accreditation. If the board refuses to transfer control of funds,	19767
the department may withhold state and federal funds from the board	19768
in an amount necessary for the contractor or administrative	19769
receiver to fulfill its duties. The amount transferred or withheld	19770
from a board shall include reimbursements for the personnel of the	19771
contractor or administrative receiver, including amounts for time	19772
worked, travel, and related expenses.	19773

A contractor or administrative receiver that has assumed the	19774
administration of a board's programs and services has the right to	19775
authorize the payment of bills in the same manner that a board may	19776
authorize payment of bills under this chapter and section 319.16	19777
of the Revised Code.	19778

(F) When the department's review of a board reveals serious	19779
health and safety issues within the programs and services offered	19780
by the board, the department shall order the board to correct the	19781
violations immediately or appoint an administrative receiver.	19782

(G) At any time a board can demonstrate that it is capable of	19783
assuming its duties in compliance with the department's	19784
requirements for accreditation, the department shall reverse its	19785
order denying accreditation and issue evidence of accreditation to	19786
the board.	19787

A board may appeal the department's denial of accreditation	19788
or refusal to reverse a denial of accreditation only by filing a	19789
complaint under section 5123.043 of the Revised Code. If in its	19790
appeal the board can demonstrate that it is capable of assuming	19791
its duties in compliance with the department's requirements for	19792
accreditation, the department shall reverse its order denying	19793
accreditation and shall issue evidence of accreditation to the	19794
board.	19795

(H) All notices issued to a board by the department under	19796
this section shall be delivered to the board's president and	19797
superintendent.	19798

(I) A board's president may designate another member of the	19799
board as the individual to be responsible for fulfilling all or	19800
part of the president's responsibilities established under this	19801
section.	19802

Sec. 5126.082. (A) In addition to the rules adopted under	19803
division (A)(2) of section 5126.08 of the Revised Code	19804
establishing standards to be followed by county boards of mental	19805
retardation and developmental disabilities in administering,	19806
providing, arranging, and operating programs and services and in	19807
addition to the board accreditation system established under	19808
section 5126.081 of the Revised Code, the director of ~~mental~~	19809
~~retardation and~~ developmental disabilities shall adopt rules in	19810
accordance with Chapter 119. of the Revised Code establishing	19811
standards for promoting and advancing the quality of life of	19812
individuals with mental retardation and developmental disabilities	19813
receiving any of the following:	19814

(1) Early childhood services pursuant to section 5126.05 of	19815
the Revised Code for children under age three;	19816

(2) Adult services pursuant to section 5126.05 and division	19817
(B) of section 5126.051 of the Revised Code for individuals age	19818
sixteen or older;	19819

(3) Family support services pursuant to section 5126.11 of	19820
the Revised Code.	19821

(B) The rules adopted under this section shall specify the	19822
actions county boards of mental retardation and developmental	19823
disabilities and the agencies with which they contract should take	19824
to do the following:	19825

(1) Offer individuals with mental retardation and	19826
developmental disabilities, and their families when appropriate,	19827
choices in programs and services that are centered on the needs	19828
and desires of those individuals;	19829

(2) Maintain infants with their families whenever possible by	19830
collaborating with other agencies that provide services to infants	19831
and their families and taking other appropriate actions;	19832

(3) Provide families that have children with mental	19833
retardation and developmental disabilities under age eighteen	19834
residing in their homes the resources necessary to allow the	19835
children to remain in their homes;	19836

(4) Create and implement community employment services based	19837
on the needs and desires of adults with mental retardation and	19838
developmental disabilities;	19839

(5) Create, in collaboration with other agencies,	19840
transportation systems that provide safe and accessible	19841
transportation within the county to individuals with disabilities;	19842

(6) Provide services that allow individuals with disabilities	19843
to be integrated into the community by engaging in educational,	19844
vocational, and recreational activities with individuals who do	19845
not have disabilities;	19846

(7) Provide age-appropriate retirement services for	19847
individuals age sixty-five and older with mental retardation and	19848
developmental disabilities;	19849

(8) Establish residential services and supported living for	19850
individuals with mental retardation and developmental disabilities	19851
in accordance with their needs.	19852

(C) To assist in funding programs and services that meet the	19853
standards established under this section, each county board of	19854
mental retardation and developmental disabilities shall make a	19855
good faith effort to acquire available federal funds, including	19856
reimbursements under Title XIX of the "Social Security Act," 79	19857
Stat. 286 (1965), 42 U.S.C.A. 1396, as amended.	19858

(D) Each county board of mental retardation and developmental	19859
disabilities shall work toward full compliance with the standards	19860
established under this section, based on its available resources.	19861
Funds received under this chapter shall be used to comply with the	19862
standards. Annually, each board shall conduct a self audit to	19863
evaluate the board's progress in complying fully with the	19864
standards.	19865

(E) The department shall complete a program quality review of	19866
each county board of mental retardation and developmental	19867
disabilities to determine the extent to which the board has	19868
complied with the standards. The review shall be conducted in	19869
conjunction with the comprehensive accreditation review of the	19870
board that is conducted under section 5126.081 of the Revised	19871
Code.	19872

Notwithstanding any provision of this chapter or Chapter	19873
5123. of the Revised Code requiring the department to distribute	19874
funds to county boards of mental retardation and developmental	19875
disabilities, the department may withhold funds from a board if it	19876
finds that the board is not in substantial compliance with the	19877
standards established under this section.	19878

(F) When the standards for accreditation from the commission	19879
on accreditation of rehabilitation facilities, or another	19880
accrediting agency, meet or exceed the standards established under	19881
this section, the director may accept accreditation from the	19882
commission or other agency as evidence that the board is in	19883
compliance with all or part of the standards established under	19884
this section. Programs and services accredited by the commission	19885
or agency are exempt from the program quality reviews required by	19886
division (E) of this section.	19887

Sec. 5126.10. The director of ~~mental retardation and~~	19888
developmental disabilities shall adopt rules in accordance with	19889
Chapter 119. of the Revised Code establishing standard cost	19890
allocation procedures and shall require county boards of mental	19891
retardation and developmental disabilities to use such procedures	19892
to allocate all indirect costs to services provided pursuant to	19893
Chapters 3323. and 5126. of the Revised Code.	19894

Sec. 5126.11. (A) As used in this section, "respite care"	19895
means appropriate, short-term, temporary care that is provided to	19896
a mentally retarded or developmentally disabled person to sustain	19897
the family structure or to meet planned or emergency needs of the	19898
family.	19899

(B) Subject to rules adopted by the director of ~~mental~~	19900
~~retardation and~~ developmental disabilities, and subject to the	19901
availability of money from state and federal sources, the county	19902
board of mental retardation and developmental disabilities shall	19903
establish a family support services program. Under such a program,	19904
the board shall make payments to an individual with mental	19905
retardation or other developmental disability or the family of an	19906
individual with mental retardation or other developmental	19907
disability who desires to remain in and be supported in the family	19908
home. Payments shall be made for all or part of costs incurred or	19909
estimated to be incurred for services that would promote	19910
self-sufficiency and normalization, prevent or reduce	19911
inappropriate institutional care, and further the unity of the	19912
family by enabling the family to meet the special needs of the	19913
individual and to live as much like other families as possible.	19914
Payments may be made in the form of reimbursement for expenditures	19915
or in the form of vouchers to be used to purchase services.	19916

(C) Payment shall not be made under this section to an	19917
individual or the individual's family if the individual is living	19918
in a residential facility that is providing residential services	19919
under contract with the department of ~~mental retardation and~~	19920
developmental disabilities or a county board.	19921

(D) Payments may be made for the following services:

19922

(1) Respite care, in or out of the home;

19923

(2) Counseling, supervision, training, and education of the	19924
individual, the individual's caregivers, and members of the	19925
individual's family that aid the family in providing proper care	19926
for the individual, provide for the special needs of the family,	19927
and assist in all aspects of the individual's daily living;	19928

(3) Special diets, purchase or lease of special equipment, or	19929
modifications of the home, if such diets, equipment, or	19930
modifications are necessary to improve or facilitate the care and	19931
living environment of the individual;	19932

(4) Providing support necessary for the individual's	19933
continued skill development, including such services as	19934
development of interventions to cope with unique problems that may	19935
occur within the complexity of the family, enrollment of the	19936
individual in special summer programs, provision of appropriate	19937
leisure activities, and other social skills development	19938
activities;	19939

(5) Any other services that are consistent with the purposes	19940
specified in division (B) of this section and specified in the	19941
individual's service plan.	19942

(E) In order to be eligible for payments under a family	19943
support services program, the individual or the individual's	19944
family must reside in the county served by the county board, and	19945
the individual must be in need of habilitation. Payments shall be	19946
adjusted for income in accordance with the payment schedule	19947
established in rules adopted under this section. Payments shall be	19948
made only after the county board has taken into account all other	19949
available assistance for which the individual or family is	19950
eligible.	19951

(F) Before incurring expenses for a service for which payment	19952
will be sought under a family support services program, the	19953
individual or family shall apply to the county board for a	19954
determination of eligibility and approval of the service. The	19955
service need not be provided in the county served by the county	19956
board. After being determined eligible and receiving approval for	19957
the service, the individual or family may incur expenses for the	19958
service or use the vouchers received from the county board for the	19959
purchase of the service.	19960

If the county board refuses to approve a service, an appeal	19961
may be made in accordance with rules adopted by the department	19962
under this section.	19963

(G) To be reimbursed for expenses incurred for approved	19964
services, the individual or family shall submit to the county	19965
board a statement of the expenses incurred accompanied by any	19966
evidence required by the board. To redeem vouchers used to	19967
purchase approved services, the entity that provided the service	19968
shall submit to the county board evidence that the service was	19969
provided and a statement of the charges. The county board shall	19970
make reimbursements and redeem vouchers no later than forty-five	19971
days after it receives the statements and evidence required by	19972
this division.	19973

(H) A county board shall consider the following objectives in	19974
carrying out a family support services program:	19975

(1) Enabling individuals to return to their families from an	19976
institution under the jurisdiction of the department of ~~mental~~	19977
~~retardation and~~ developmental disabilities;	19978

(2) Enabling individuals found to be subject to	19979
institutionalization by court order under section 5123.76 of the	19980
Revised Code to remain with their families with the aid of	19981
payments provided under this section;	19982

(3) Providing services to eligible children and adults	19983
currently residing in the community;	19984

(4) Providing services to individuals with developmental	19985
disabilities who are not receiving other services from the board.	19986

(I) The director shall adopt, and may amend and rescind,	19987
rules for the implementation of family support services programs	19988
by county boards. Such rules shall include the following:	19989

(1) A payment schedule adjusted for income;

19990

(2) A formula for distributing to county boards the money	19991
appropriated for family support services;	19992

(3) Standards for supervision, training, and quality control	19993
in the provision of respite care services;	19994

(4) Eligibility standards and procedures for providing	19995
temporary emergency respite care;	19996

(5) Procedures for hearing and deciding appeals made under	19997
division (F) of this section;	19998

(6) Requirements to be followed by county boards regarding	19999
reports submitted under division (K) of this section.	20000

Rules adopted under divisions (I)(1) and (2) of this section	20001
shall be adopted in accordance with section 111.15 of the Revised	20002
Code. Rules adopted under divisions (I)(3) to (6) of this section	20003
shall be adopted in accordance with Chapter 119. of the Revised	20004
Code.	20005

(J) All individuals certified by the superintendent of the	20006
county board as eligible for temporary emergency respite care in	20007
accordance with rules adopted under this section shall be	20008
considered eligible for temporary emergency respite care for not	20009
more than five days to permit the determination of eligibility for	20010
family support services. The requirements of divisions (E) and (F)	20011
of this section do not apply to temporary emergency respite care.	20012

(K) The department of ~~mental retardation and~~ developmental	20013
disabilities shall distribute to county boards money appropriated	20014
for family support services in quarterly installments of equal	20015
amounts. The installments shall be made not later than the	20016
thirtieth day of September, the thirty-first day of December, the	20017
thirty-first day of March, and the thirtieth day of June. A county	20018
board shall use no more than seven per cent of the funds for	20019
administrative costs. Each county board shall submit reports to	20020
the department on payments made under this section. The reports	20021
shall be submitted at those times and in the manner specified in	20022
rules adopted under this section.	20023

(L) The county board shall not be required to make payments	20024
for family support services at a level that exceeds available	20025
state and federal funds for such payments.	20026

Sec. 5126.12. (A) As used in this section:

20027

(1) "Approved school age class" means a class operated by a	20028
county board of mental retardation and developmental disabilities	20029
and funded by the department of education under section 3317.20 of	20030
the Revised Code.	20031

(2) "Approved preschool unit" means a class or unit operated	20032
by a county board of mental retardation and developmental	20033
disabilities and approved under division (B) of section 3317.05 of	20034
the Revised Code.	20035

(3) "Active treatment" means a continuous treatment program,	20036
which includes aggressive, consistent implementation of a program	20037
of specialized and generic training, treatment, health services,	20038
and related services, that is directed toward the acquisition of	20039
behaviors necessary for an individual with mental retardation or	20040
other developmental disability to function with as much	20041
self-determination and independence as possible and toward the	20042
prevention of deceleration, regression, or loss of current optimal	20043
functional status.	20044

(4) "Eligible for active treatment" means that an individual	20045
with mental retardation or other developmental disability resides	20046
in an intermediate care facility for the mentally retarded	20047
certified under Title XIX of the "Social Security Act," 79 Stat.	20048
286 (1965), 42 U.S.C. 1396, as amended; resides in a state	20049
institution operated by the department of ~~mental retardation and~~	20050
developmental disabilities; or is enrolled in home and	20051
community-based services.	20052

(5) "Traditional adult services" means vocational and	20053
nonvocational activities conducted within a sheltered workshop or	20054
adult activity center or supportive home services.	20055

(B) Each county board of mental retardation and developmental	20056
disabilities shall certify to the director of ~~mental retardation~~	20057
~~and~~ developmental disabilities all of the following:	20058

(1) On or before the fifteenth day of October, the average	20059
daily membership for the first full week of programs and services	20060
during October receiving:	20061

(a) Early childhood services provided pursuant to section	20062
5126.05 of the Revised Code for children who are less than three	20063
years of age on the thirtieth day of September of the academic	20064
year;	20065

(b) Special education for children with disabilities in	20066
approved school age classes;	20067

(c) Adult services for persons sixteen years of age and older	20068
operated pursuant to section 5126.05 and division (B) of section	20069
5126.051 of the Revised Code. Separate counts shall be made for	20070
the following:	20071

(i) Persons enrolled in traditional adult services who are	20072
eligible for but not enrolled in active treatment;	20073

(ii) Persons enrolled in traditional adult services who are	20074
eligible for and enrolled in active treatment;	20075

(iii) Persons enrolled in traditional adult services but who	20076
are not eligible for active treatment;	20077

(iv) Persons participating in community employment services.	20078
To be counted as participating in community employment services, a	20079
person must have spent an average of no less than ten hours per	20080
week in that employment during the preceding six months.	20081

(d) Other programs in the county for individuals with mental	20082
retardation and developmental disabilities that have been approved	20083
for payment of subsidy by the department of ~~mental retardation and~~	20084
developmental disabilities.	20085

The membership in each such program and service in the county	20086
shall be reported on forms prescribed by the department of ~~mental~~	20087
~~retardation and~~ developmental disabilities.	20088

The department of ~~mental retardation and~~ developmental	20089
disabilities shall adopt rules defining full-time equivalent	20090
enrollees and for determining the average daily membership	20091
therefrom, except that certification of average daily membership	20092
in approved school age classes shall be in accordance with rules	20093
adopted by the state board of education. The average daily	20094
membership figure shall be determined by dividing the amount	20095
representing the sum of the number of enrollees in each program or	20096
service in the week for which the certification is made by the	20097
number of days the program or service was offered in that week. No	20098
enrollee may be counted in average daily membership for more than	20099
one program or service.	20100

(2) By the fifteenth day of December, the number of children	20101
enrolled in approved preschool units on the first day of December;	20102

(3) On or before the thirtieth day of April, an itemized	20103
report of all income and operating expenditures for the	20104
immediately preceding calendar year, in the format specified by	20105
the department of ~~mental retardation and~~ developmental	20106
disabilities;	20107

(4) That each required certification and report is in	20108
accordance with rules established by the department of ~~mental~~	20109
~~retardation and~~ developmental disabilities and the state board of	20110
education for the operation and subsidization of the programs and	20111
services.	20112

Sec. 5126.121. Each county board of mental retardation and	20113
developmental disabilities may be eligible to receive a subsidy	20114
from the department of ~~mental retardation and~~ developmental	20115
disabilities for the employment of a business manager as provided	20116
in this section. The department shall adopt rules in accordance	20117
with Chapter 119. of the Revised Code specifying standards for the	20118
employment of such a business manager. The rules shall include the	20119
minimum education and experience requirements for the position of	20120
business manager and shall specify requirements for courses in	20121
fiscal and business management that are annually sponsored or	20122
certified by the department and that are applicable to the	20123
position and designed to teach effective business practices. Each	20124
county board of mental retardation and developmental disabilities	20125
that employs a business manager in accordance with the standards	20126
adopted under this section may receive a subsidy from the	20127
department.	20128

The department shall distribute this subsidy to eligible	20129
county boards in quarterly installments of equal amounts. The	20130
installments shall be made not later than the thirtieth day of	20131
September, the thirty-first day of December, the thirty-first day	20132
of March, and the thirtieth day of June.	20133

Sec. 5126.13. (A) A county board of mental retardation and	20134
developmental disabilities may enter into an agreement with one or	20135
more other county boards of mental retardation and developmental	20136
disabilities to establish a regional council in accordance with	20137
Chapter 167. of the Revised Code. The agreement shall specify the	20138
duties and functions to be performed by the council, which may	20139
include any duty or function a county board is required or	20140
authorized to perform under this chapter. If directed to do so by	20141
a resolution adopted by a county board that is a member of a	20142
regional council, the department of ~~mental retardation and~~	20143
developmental disabilities shall make any distributions of money	20144
for that county for the duties or functions performed by the	20145
council pursuant to its agreement that are otherwise required to	20146
be made to the county board under this chapter to the fiscal	20147
officer of the council designated under section 167.04 of the	20148
Revised Code.	20149

A county board may also enter into an agreement with one or	20150
more school districts or other political subdivisions to establish	20151
a regional council in accordance with Chapter 167. of the Revised	20152
Code.	20153

(B) On or before the thirtieth day of March, the fiscal	20154
officer of a regional council described in this section shall	20155
report to the department of ~~mental retardation and~~ developmental	20156
disabilities, in the format specified by the department, all	20157
income and operating expenditures of the council for the	20158
immediately preceding calendar year.	20159

Sec. 5126.15. (A) A county board of mental retardation and	20160
developmental disabilities shall provide service and support	20161
administration to each individual three years of age or older who	20162
is eligible for service and support administration if the	20163
individual requests, or a person on the individual's behalf	20164
requests, service and support administration. A board shall	20165
provide service and support administration to each individual	20166
receiving home and community-based services. A board may provide,	20167
in accordance with the service coordination requirements of 34	20168
C.F.R. 303.23, service and support administration to an individual	20169
under three years of age eligible for early intervention services	20170
under 34 C.F.R. part 303. A board may provide service and support	20171
administration to an individual who is not eligible for other	20172
services of the board. Service and support administration shall be	20173
provided in accordance with rules adopted under section 5126.08 of	20174
the Revised Code.	20175

A board may provide service and support administration by	20176
directly employing service and support administrators or by	20177
contracting with entities for the performance of service and	20178
support administration. Individuals employed or under contract as	20179
service and support administrators shall not be in the same	20180
collective bargaining unit as employees who perform duties that	20181
are not administrative.	20182

Individuals employed by a board as service and support	20183
administrators shall not be assigned responsibilities for	20184
implementing other services for individuals and shall not be	20185
employed by or serve in a decision-making or policy-making	20186
capacity for any other entity that provides programs or services	20187
to individuals with mental retardation or developmental	20188
disabilities. An individual employed as a conditional status	20189
service and support administrator shall perform the duties of	20190
service and support administration only under the supervision of a	20191
management employee who is a service and support administration	20192
supervisor.	20193

(B) The individuals employed by or under contract with a	20194
board to provide service and support administration shall do all	20195
of the following:	20196

(1) Establish an individual's eligibility for the services of	20197
the county board of mental retardation and developmental	20198
disabilities;	20199

(2) Assess individual needs for services;

20200

(3) Develop individual service plans with the active	20201
participation of the individual to be served, other persons	20202
selected by the individual, and, when applicable, the provider	20203
selected by the individual, and recommend the plans for approval	20204
by the department of ~~mental retardation and~~ developmental	20205
disabilities when services included in the plans are funded	20206
through medicaid;	20207

(4) Establish budgets for services based on the individual's	20208
assessed needs and preferred ways of meeting those needs;	20209

(5) Assist individuals in making selections from among the	20210
providers they have chosen;	20211

(6) Ensure that services are effectively coordinated and	20212
provided by appropriate providers;	20213

(7) Establish and implement an ongoing system of monitoring	20214
the implementation of individual service plans to achieve	20215
consistent implementation and the desired outcomes for the	20216
individual;	20217

(8) Perform quality assurance reviews as a distinct function	20218
of service and support administration;	20219

(9) Incorporate the results of quality assurance reviews and	20220
identified trends and patterns of unusual incidents and major	20221
unusual incidents into amendments of an individual's service plan	20222
for the purpose of improving and enhancing the quality and	20223
appropriateness of services rendered to the individual;	20224

(10) Ensure that each individual receiving services has a	20225
designated person who is responsible on a continuing basis for	20226
providing the individual with representation, advocacy, advice,	20227
and assistance related to the day-to-day coordination of services	20228
in accordance with the individual's service plan. The service and	20229
support administrator shall give the individual receiving services	20230
an opportunity to designate the person to provide daily	20231
representation. If the individual declines to make a designation,	20232
the administrator shall make the designation. In either case, the	20233
individual receiving services may change at any time the person	20234
designated to provide daily representation.	20235

Sec. 5126.18. (A) As used in this section:

20236

(1) "County board" means a county board of mental retardation	20237
and developmental disabilities.	20238

(2) Notwithstanding section 5126.01 of the Revised Code,	20239
"adult services" means the following services, as they are	20240
identified on individual information forms submitted by county	20241
boards to the department of ~~mental retardation and~~ developmental	20242
disabilities, provided to an individual with mental retardation	20243
or other developmental disability who is at least twenty-two years	20244
of age:	20245

(a) Assessment;

20246

(b) Home service;

20247

20248

(d) Community employment services;

20249

(e) Retirement.

20250

(3) "Adult services enrollment" means a county board's	20251
average daily membership in adult services, exclusive of such	20252
services provided to individuals served solely through service and	20253
support administration provided pursuant to section 5126.15 of the	20254
Revised Code or family support services provided pursuant to	20255
section 5126.11 of the Revised Code.	20256

(4) "Taxable value" means the taxable value of a county board	20257
certified under division (B)(1) of this section.	20258

(5) "Per-mill yield" of a county board means the quotient	20259
obtained by dividing (a) the taxable value of the county board by	20260
(b) one thousand.	20261

(6) "Local adult services cost" means a county board's	20262
expenditures for adult services, excluding all federal and state	20263
reimbursements and subsidy allocations received by such boards and	20264
expended for such services, as certified under section 5126.12 of	20265
the Revised Code.	20266

(7) "Statewide average millage" means one thousand multiplied	20267
by the quotient obtained by dividing (a) the total of the local	20268
adult services costs of all county boards by (b) the total of the	20269
taxable values of all county boards.	20270

(8) "County yield" of a county board means the product	20271
obtained by multiplying (a) the statewide average millage by (b)	20272
the per-mill yield of the county board.	20273

(9) "County yield per enrollee" of a county board means the	20274
quotient obtained by dividing (a) the county yield of the county	20275
board by (b) the adult enrollment of the county board.	20276

(10) "Statewide yield per enrollee" means the quotient	20277
obtained by dividing (a) the sum of the county yields of all	20278
county boards by (b) the sum of the adult enrollments of all	20279
county boards.	20280

(11) "Local tax effort for adult services" of a county board	20281
means one thousand multiplied by the quotient obtained by dividing	20282
(a) the local adult services cost of the county board by (b) the	20283
taxable value of the county board.	20284

(12) "Funding percentage" for a fiscal year means the	20285
percentage that the amount appropriated to the department for the	20286
purpose of making payments under this section in the fiscal year	20287
is of the amount computed under division (C)(3) of this section	20288
for the fiscal year.	20289

(13) "Funding-adjusted required millage" for a fiscal year	20290
means the statewide average millage multiplied by the funding	20291
percentage for that fiscal year.	20292

(B)(1) On the request of the director of ~~mental retardation~~	20293
~~and~~ developmental disabilities, the tax commissioner shall provide	20294
to the department of ~~mental retardation and~~ developmental	20295
disabilities information specifying the taxable value of property	20296
on each county's tax list of real and public utility property and	20297
tax list of personal property for the most recent tax year for	20298
which such information is available. The director may request any	20299
other tax information necessary for the purposes of this section.	20300

(2) On the request of the director, each county board shall	20301
report the county board's adult services enrollment and local	20302
adult services cost.	20303

(C) Each year, the department of ~~mental retardation and~~	20304
developmental disabilities shall compute the following:	20305

(1) For each county board, the amount, if any, by which the	20306
statewide yield per enrollee exceeds the county yield per	20307
enrollee;	20308

(2) For each county board, the amount of any excess computed	20309
under division (C)(1) of this section multiplied by the adult	20310
services enrollment of the county board;	20311

(3) The sum of the amounts computed under division (C)(2) of	20312
this section for all county boards.	20313

(D) From money appropriated for the purpose, the department	20314
shall provide for payment to each county board of the amount	20315
computed for that county board under division (C)(2) of this	20316
section, subject to any reduction or adjustment under division	20317
(E), (F), or (G) of this section. The department shall make the	20318
payments in quarterly installments of equal amounts. The	20319
installments shall be made not later than the thirtieth day of	20320
September, thirty-first day of December, thirty-first day of	20321
March, and thirtieth day of June.	20322

(E) If a county board's local tax effort for adult services	20323
is less than the funding-adjusted required millage, the director	20324
shall reduce the amount of payment otherwise computed under	20325
division (C)(2) of this section so that the amount paid, after the	20326
reduction, is the same percentage of the amount computed under	20327
division (C)(2) of this section as the county board's local tax	20328
effort for adult services is of the funding-adjusted required	20329
millage.	20330

If the director reduces the amount of a county board's	20331
payment under this division, the department, not later than the	20332
fifteenth day of July, shall notify the county board of the	20333
reduction and the amount of the reduction. The notice shall	20334
include a statement that the county board may request to be	20335
exempted from the reduction by filing a request with the director,	20336
in the manner and form prescribed by the director, within	20337
twenty-one days after such notification is issued. The board may	20338
present evidence of its attempt to obtain passage of levies or any	20339
other extenuating circumstances the board considers relevant. If	20340
the county board requests a hearing before the director to present	20341
such evidence, the director shall conduct a hearing on the request	20342
unless the director exempts the board from the reduction on the	20343
basis of the evidence presented in the request filed by the board.	20344
Upon receiving a properly and timely filed request for exemption,	20345
but not later than the thirty-first day of August, the director	20346
shall determine whether the county board shall be exempted from	20347
all or a part of the reduction. The director may exempt the board	20348
from all or part of the reduction if the director finds that the	20349
board has made good faith efforts to obtain passage of tax levies	20350
or that there are extenuating circumstances.	20351

(F) If a payment is reduced under division (E) of this	20352
section and the director does not exempt the county board from the	20353
reduction, the amount of the reduction shall be apportioned among	20354
all county boards entitled to payments under this section for	20355
which payments were not so reduced. The amount apportioned to each	20356
county board shall be proportionate to the amount of the board's	20357
payment as computed under division (C)(2) of this section.	20358

(G) If, for any fiscal year, the amount appropriated to the	20359
department for the purpose of this section is less than the amount	20360
computed under division (C)(3) of this section for the fiscal	20361
year, the department shall adjust the amount of each payment as	20362
computed under divisions (C)(2), (E), and (F) of this section by	20363
multiplying that amount by the funding percentage.	20364

(H) The payments authorized by this section are supplemental	20365
to all other funds that may be received by a county board. A	20366
county board shall use the payments solely to pay the nonfederal	20367
share of medicaid expenditures that sections 5126.059 and	20368
5126.0510 of the Revised Code require the county board to pay.	20369

Sec. 5126.19. (A) The director of ~~mental retardation and~~	20370
developmental disabilities may grant temporary funding from the	20371
community ~~mental retardation and~~ developmental disabilities trust	20372
fund based on allocations to county boards of mental retardation	20373
and developmental disabilities. The director may distribute all or	20374
part of the funding directly to a county board, the persons who	20375
provide the services for which the funding is granted, or persons	20376
with mental retardation or developmental disabilities who are to	20377
receive those services.	20378

(B) Funding granted under division (A) of this section shall	20379
be granted according to the availability of moneys in the fund and	20380
priorities established by the director. Funding may be granted for	20381
any of the following purposes:	20382

(1) Behavioral or short-term interventions for persons with	20383
mental retardation or developmental disabilities that assist them	20384
in remaining in the community by preventing institutionalization;	20385

(2) Emergency respite care services, as defined in section	20386
5126.11 of the Revised Code;	20387

(3) Family support services provided under section 5126.11 of	20388
the Revised Code;	20389

(4) Supported living, as defined in section 5126.01 of the	20390
Revised Code;	20391

(5) Staff training for county board employees, employees of	20392
providers of residential services as defined in section 5126.01 of	20393
the Revised Code, and other personnel under contract with a county	20394
board, to provide the staff with necessary training in serving	20395
mentally retarded or developmentally disabled persons in the	20396
community;	20397

(6) Short-term provision of early childhood services provided	20398
under section 5126.05, adult services provided under sections	20399
5126.05 and 5126.051, and service and support administration	20400
provided under section 5126.15 of the Revised Code, when local	20401
moneys are insufficient to meet the need for such services due to	20402
the successive failure within a two-year period of three or more	20403
proposed levies for the services;	20404

(7) Contracts with providers of residential services to	20405
maintain persons with mental retardation and developmental	20406
disabilities in their programs and avoid institutionalization.	20407

(C) If the trust fund contains more than ten million dollars	20408
on the first day of July the director shall use one million	20409
dollars for payments under section 5126.18 of the Revised Code,	20410
two million dollars for subsidies to county boards for supported	20411
living, and one million dollars for subsidies to county boards	20412
for early childhood services and adult services provided under	20413
section 5126.05 of the Revised Code. Distributions of funds under	20414
this division shall be made prior to August 31 of the state fiscal	20415
year in which the funds are available. The funds shall be	20416
allocated to a county board in an amount equal to the same	20417
percentage of the total amount allocated to the county board the	20418
immediately preceding state fiscal year.	20419

(D) In addition to making grants under division (A) of this	20420
section, the director may use money available in the trust fund	20421
for the same purposes that rules adopted under section 5123.0413	20422
of the Revised Code provide for money in the state ~~MR/DD~~	20423
developmental disabilities risk fund and the state insurance	20424
against ~~MR/DD~~developmental disabilities risk fund, both created	20425
under that section, to be used.	20426

Sec. 5126.22. (A) Employees who hold the following positions	20427
in a county board of mental retardation and developmental	20428
disabilities are management employees:	20429

assistant superintendent

20430

director of business

20431

director of personnel

20432

adult services director

20433

workshop director

20434

habilitation manager

20435

director of residential services

20436

principal (director of children services)

20437

program or service supervisor

20438

plant manager

20439

production manager

20440

service and support administration supervisor

20441

investigative agent

20442

confidential employees as defined in section 4117.01 of the	20443
Revised Code	20444

positions designated by the director of ~~mental retardation~~	20445
~~and~~ developmental disabilities as having managerial or supervisory	20446
responsibilities and duties	20447

positions designated by the county board in accordance with	20448
division (D) of this section.	20449

(B) Employees who hold the following positions in a board are	20450
professional employees:	20451

personnel certified pursuant to Chapter 3319. of the Revised	20452
Code	20453

early intervention specialist

20454

physical development specialist

20455

habilitation specialist

20456

work adjustment specialist

20457

placement specialist

20458

vocational evaluator

20459

psychologist

20460

occupational therapist

20461

speech and language pathologist

20462

recreation specialist

20463

behavior management specialist

20464

physical therapist

20465

supportive home services specialist

20466

licensed practical nurse or registered nurse

20467

rehabilitation counselor

20468

doctor of medicine and surgery or of osteopathic medicine and	20469
surgery	20470

dentist

20471

service and support administrator

20472

conditional status service and support administrator

20473

social worker

20474

any position that is not a management position and for which	20475
the standards for certification established by the director of	20476
~~mental retardation and~~ developmental disabilities under section	20477
5126.25 of the Revised Code require a bachelor's or higher degree	20478

professional positions designated by the director

20479

professional positions designated by the county board in	20480
accordance with division (D) of this section.	20481

(C) Employees who hold positions in a board that are neither	20482
management positions nor professional positions are service	20483
employees. Service employee positions include:	20484

workshop specialist

20485

workshop specialist assistant

20486

contract procurement specialist

20487

community employment specialist

20488

any assistant to a professional employee certified to	20489
provide, or supervise the provision of, adult services or service	20490
and support administration	20491

service positions designated by the director

20492

service positions designated by a county board in accordance	20493
with division (D) of this section.	20494

(D) A county board may designate a position only if the	20495
position does not include directly providing, or supervising	20496
employees who directly provide, service or instruction to	20497
individuals with mental retardation or developmental disabilities.	20498

(E) If a county board desires to have a position established	20499
that is not specifically listed in this section that includes	20500
directly providing, or supervising employees who directly provide,	20501
services or instruction to individuals with mental retardation or	20502
developmental disabilities, the board shall submit to the director	20503
a written description of the position and request that the	20504
director designate the position as a management, professional, or	20505
service position under this section. The director shall consider	20506
each request submitted under this division and respond within	20507
thirty days. If the director approves the request, the director	20508
shall designate the position as a management, professional, or	20509
service position.	20510

(F) A county board shall not terminate its employment of any	20511
management, professional, or service employee solely because a	20512
position is added to or eliminated from those positions listed in	20513
this section or because a position is designated or no longer	20514
designated by the director or a county board.	20515

Sec. 5126.24. (A) As used in this section:

20516

(1) "License" means an educator license issued by the state	20517
board of education under section 3319.22 of the Revised Code or a	20518
certificate issued by the department of ~~mental retardation and~~	20519
developmental disabilities.	20520

(2) "Teacher" means a person employed by a county board of	20521
mental retardation and developmental disabilities in a position	20522
that requires a license.	20523

(3) "Nonteaching employee" means a person employed by a	20524
county board of mental retardation and developmental disabilities	20525
in a position that does not require a license.	20526

(4) "Years of service" includes all service described in	20527
division (A) of section 3317.13 of the Revised Code.	20528

(B) Subject to rules established by the director of ~~mental~~	20529
~~retardation and~~ developmental disabilities pursuant to Chapter	20530
119. of the Revised Code, each county board of mental retardation	20531
and developmental disabilities shall annually adopt separate	20532
salary schedules for teachers and nonteaching employees.	20533

(C) The teachers' salary schedule shall provide for	20534
increments based on training and years of service. The board may	20535
establish its own service requirements provided no teacher	20536
receives less than the salary the teacher would be paid under	20537
section 3317.13 of the Revised Code if the teacher were employed	20538
by a school district board of education and provided full credit	20539
for a minimum of five years of actual teaching and military	20540
experience as defined in division (A) of such section is given to	20541
each teacher.	20542

Each teacher who has completed training that would qualify	20543
the teacher for a higher salary bracket pursuant to this section	20544
shall file by the fifteenth day of September with the fiscal	20545
officer of the board, satisfactory evidence of the completion of	20546
such additional training. The fiscal officer shall then	20547
immediately place the teacher, pursuant to this section, in the	20548
proper salary bracket in accordance with training and years of	20549
service. No teacher shall be paid less than the salary to which	20550
the teacher would be entitled under section 3317.13 of the Revised	20551
Code if the teacher were employed by a school district board of	20552
education.	20553

The superintendent of each county board, on or before the	20554
fifteenth day of October of each year, shall certify to the state	20555
board of education the name of each teacher employed, on an annual	20556
salary, in each special education program operated pursuant to	20557
section 3323.09 of the Revised Code during the first full school	20558
week of October. The superintendent further shall certify, for	20559
each teacher, the number of years of training completed at a	20560
recognized college, the degrees earned from a college recognized	20561
by the state board, the type of license held, the number of months	20562
employed by the board, the annual salary, and other information	20563
that the state board may request.	20564

(D) The nonteaching employees' salary schedule established by	20565
the board shall be based on training, experience, and	20566
qualifications with initial salaries no less than salaries in	20567
effect on July 1, 1985. Each board shall prepare and may amend	20568
from time to time, specifications descriptive of duties,	20569
responsibilities, requirements, and desirable qualifications of	20570
the classifications of employees required to perform the duties	20571
specified in the salary schedule. All nonteaching employees shall	20572
be notified of the position classification to which they are	20573
assigned and the salary for the classification. The compensation	20574
of all nonteaching employees working for a particular board shall	20575
be uniform for like positions except as compensation would be	20576
affected by salary increments based upon length of service.	20577

On the fifteenth day of October of each year the nonteaching	20578
employees' salary schedule and list of job classifications and	20579
salaries in effect on that date shall be filed by each board with	20580
the superintendent of public instruction. If such salary schedule	20581
and classification plan is not filed, the superintendent of public	20582
instruction shall order the board to file such schedule and list	20583
forthwith. If this condition is not corrected within ten days	20584
after receipt of the order from the superintendent, no money shall	20585
be distributed to the district under Chapter 3317. of the Revised	20586
Code until the superintendent has satisfactory evidence of the	20587
board's full compliance with such order.	20588

Sec. 5126.25. (A) The director of ~~mental retardation and~~	20589
developmental disabilities shall adopt rules in accordance with	20590
Chapter 119. of the Revised Code establishing uniform standards	20591
and procedures for the certification of persons for employment by	20592
county boards of mental retardation and developmental disabilities	20593
as superintendents, management employees, and professional	20594
employees and uniform standards and procedures for the	20595
registration of persons for employment by county boards as	20596
registered service employees. As part of the rules, the director	20597
may establish continuing education and professional training	20598
requirements for renewal of certificates and evidence of	20599
registration and shall establish such requirements for renewal of	20600
an investigative agent certificate. In the rules, the director	20601
shall establish certification standards for employment in the	20602
position of investigative agent that require an individual to have	20603
or obtain no less than an associate degree from an accredited	20604
college or university or have or obtain comparable experience or	20605
training. The director shall not adopt rules that require any	20606
service employee to have or obtain a bachelor's or higher degree.	20607

The director shall adopt the rules in a manner that provides	20608
for the issuance of certificates and evidence of registration	20609
according to categories, levels, and grades. The rules shall	20610
describe each category, level, and grade.	20611

The rules adopted under this division shall apply to persons	20612
employed or seeking employment in a position that includes	20613
directly providing, or supervising persons who directly provide,	20614
services or instruction to or on behalf of individuals with mental	20615
retardation or developmental disabilities, except that the rules	20616
shall not apply to persons who hold a valid license issued under	20617
Chapter 3319. of the Revised Code and perform no duties other than	20618
teaching or supervision of a teaching program or persons who hold	20619
a valid license or certificate issued under Title XLVII of the	20620
Revised Code and perform only those duties governed by the license	20621
or certificate. The rules shall specify the positions that require	20622
certification or registration. The rules shall specify that the	20623
position of investigative agent requires certification.	20624

(B) The director shall adopt rules in accordance with Chapter	20625
119. of the Revised Code establishing standards for approval of	20626
courses of study to prepare persons to meet certification	20627
requirements. The director shall approve courses of study meeting	20628
the standards and provide for the inspection of the courses to	20629
ensure the maintenance of satisfactory training procedures. The	20630
director shall approve courses of study only if given by a state	20631
university or college as defined in section 3345.32 of the Revised	20632
Code, a state university or college of another state, or an	20633
institution that has received a certificate of authorization to	20634
confer degrees from the board of regents pursuant to Chapter 1713.	20635
of the Revised Code or from a comparable agency of another state.	20636

(C) Each applicant for a certificate for employment or	20637
evidence of registration for employment by a county board shall	20638
apply to the department of ~~mental retardation and~~ developmental	20639
disabilities on forms that the director of the department shall	20640
prescribe and provide. The application shall be accompanied by the	20641
application fee established in rules adopted under this section.	20642

(D) The director shall issue a certificate for employment to	20643
each applicant who meets the standards for certification	20644
established under this section and shall issue evidence of	20645
registration for employment to each applicant who meets the	20646
standards for registration established under this section. Each	20647
certificate or evidence of registration shall state the category,	20648
level, and grade for which it is issued.	20649

The director shall issue, renew, deny, suspend, or revoke	20650
certificates and evidence of registration in accordance with rules	20651
adopted under this section. The director shall deny, suspend, or	20652
revoke a certificate or evidence of registration if the director	20653
finds, pursuant to an adjudication conducted in accordance with	20654
Chapter 119. of the Revised Code, that the applicant for or holder	20655
of the certificate or evidence of registration is guilty of	20656
intemperate, immoral, or other conduct unbecoming to the	20657
applicant's or holder's position, or is guilty of incompetence or	20658
negligence within the scope of the applicant's or holder's duties.	20659
The director shall deny or revoke a certificate or evidence of	20660
registration if the director finds, pursuant to an adjudication	20661
conducted in accordance with Chapter 119. of the Revised Code,	20662
that the applicant for or holder of the certificate or evidence of	20663
registration has been convicted of or pleaded guilty to any of the	20664
offenses described in division (E) of section 5126.28 of the	20665
Revised Code, unless the individual meets standards for	20666
rehabilitation that the director establishes in the rules adopted	20667
under that section. Evidence supporting such allegations shall be	20668
presented to the director in writing and the director shall	20669
provide prompt notice of the allegations to the person who is the	20670
subject of the allegations. A denial, suspension, or revocation	20671
may be appealed in accordance with procedures the director shall	20672
establish in the rules adopted under this section.	20673

(E)(1) A person holding a valid certificate under this	20674
section on the effective date of any rules adopted under this	20675
section that increase certification standards shall have such	20676
period as the rules prescribe, but not less than one year after	20677
the effective date of the rules, to meet the new certification	20678
standards.	20679

A person who is registered under this section on the	20680
effective date of any rule that changes the standards adopted	20681
under this section shall have such period as the rules prescribe,	20682
but not less than one year, to meet the new registration	20683
standards.	20684

(2) If an applicant for a certificate for employment has not	20685
completed the courses of instruction necessary to meet the	20686
department's standards for certification, the department shall	20687
inform the applicant of the courses the applicant must	20688
successfully complete to meet the standards and shall specify the	20689
time within which the applicant must complete the courses. The	20690
department shall grant the applicant at least one year to complete	20691
the courses and shall not require the applicant to complete more	20692
than four courses in any one year. The applicant is not subject to	20693
any changes regarding the courses required for certification that	20694
are made after the department informs the applicant of the courses	20695
the applicant must complete, unless the applicant does not	20696
successfully complete the courses within the time specified by the	20697
department.	20698

(F) A person who holds a certificate or evidence of	20699
registration, other than one designated as temporary, is qualified	20700
to be employed according to that certificate or evidence of	20701
registration by any county board.	20702

(G) The director shall monitor county boards to ensure that	20703
their employees who must be certified or registered are	20704
appropriately certified or registered and performing those	20705
functions they are authorized to perform under their certificate	20706
or evidence of registration.	20707

(H) A county board superintendent or the superintendent's	20708
designee may certify to the director that county board employees	20709
who are required to meet continuing education or professional	20710
training requirements as a condition of renewal of certificates or	20711
evidence of registration have met the requirements. The	20712
superintendent or the superintendent's designee shall maintain in	20713
appropriate personnel files evidence acceptable to the director	20714
that the employees have met the requirements and permit	20715
representatives of the department access to the evidence on	20716
request.	20717

(I) All fees collected pursuant to this section shall be	20718
deposited in the state treasury to the credit of the program fee	20719
fund created under section 5123.033 of the Revised Code.	20720

(J) Employees of entities that contract with county boards of	20721
mental retardation and developmental disabilities to operate	20722
programs and services for individuals with mental retardation and	20723
developmental disabilities are subject to the certification and	20724
registration requirements established under section 5123.082 of	20725
the Revised Code.	20726

Sec. 5126.251. On receipt of a notice pursuant to section	20727
3123.43 of the Revised Code, the director of ~~mental retardation~~	20728
~~and~~ developmental disabilities shall comply with sections 3123.41	20729
to 3123.50 of the Revised Code and any applicable rules adopted	20730
under section 3123.63 of the Revised Code with respect to a	20731
certificate or evidence of registration issued pursuant to this	20732
chapter.	20733

Sec. 5126.252. Notwithstanding sections 5123.082, 5126.25,	20734
and 5126.26 of the Revised Code, the department of ~~mental~~	20735
~~retardation and~~ developmental disabilities may authorize county	20736
boards of mental retardation and developmental disabilities to	20737
establish and administer in their counties programs for the	20738
certification and registration of persons for employment by the	20739
boards. A certificate or evidence of registration issued by a	20740
board participating in programs under this section shall have the	20741
same force and effect as a certificate or evidence of registration	20742
issued by the department under section 5123.082 or 5126.25 of the	20743
Revised Code.	20744

Sec. 5126.27. (A) A county board of mental retardation and	20745
developmental disabilities shall allow a professional employee	20746
hired by the board prior to July 17, 1990, who does not meet the	20747
standards for certification established under section 5126.25 of	20748
the Revised Code for the position he holds on July 17, 1990, to	20749
elect to do one of the following:	20750

(1) Accept a position with the board, if such a position is	20751
available, for which hethe employee meets the certification	20752
standards;	20753

(2) Remain in the position hethe employee holds on July 17,	20754
1990, and comply with the provisions of a professional development	20755
plan prescribed by the director of ~~mental retardation and~~	20756
developmental disabilities under division (B) of this section.	20757

If the employee accepts a position under division (A)(1) of	20758
this section, ~~his~~the employee's compensation shall be not less	20759
than the compensation hethe employee received in the position he	20760
the employee held on July 17, 1990.	20761

(B) If an employee elects the option described in division	20762
(A)(2) of this section, the board shall notify the department. The	20763
director shall issue a temporary certificate to the employee for	20764
the position hethe employee holds and develop a professional	20765
development plan for ~~him~~the employee. The temporary certificate	20766
shall be valid only during the period required for completion of	20767
the professional development plan and only while the employee is	20768
employed by the board by which hethe employee was employed on	20769
July 17, 1990. The plan shall specify the coursework the employee	20770
must successfully complete and any other requirements for	20771
certification and the schedule for completion of the plan, except:	20772

(1) The plan shall not require that the employee complete	20773
more than six semester hours, or the equivalent, of coursework in	20774
any twelve-month period;	20775

(2) All coursework must be completed at an accredited college	20776
or university recognized by the department;	20777

(3) The plan shall not require the employee to complete more	20778
than sixty semester hours, or the equivalent, of coursework, or to	20779
obtain a bachelor's or higher degree if a greater number of hours	20780
of coursework would be required to do so.	20781

Notwithstanding any standards for certification established	20782
by the director under section 5126.25 of the Revised Code, if the	20783
employee successfully completes the professional development plan	20784
within the time specified, the director shall grant ~~him~~the	20785
employee the appropriate certificate for the position hethe	20786
employer holds.	20787

Sec. 5126.28. (A) As used in this section:

20788

(1) "Applicant" means a person who is under final	20789
consideration for appointment to or employment in a position with	20790
a county board of mental retardation and developmental	20791
disabilities, including, but not limited to, a person who is being	20792
transferred to the county board and an employee who is being	20793
recalled or reemployed after a layoff.	20794

(2) "Criminal records check" has the same meaning as in	20795
section 109.572 of the Revised Code.	20796

(3) "Minor drug possession offense" has the same meaning as	20797
in section 2925.01 of the Revised Code.	20798

(B) The superintendent of a county board of mental	20799
retardation and developmental disabilities shall request the	20800
superintendent of the bureau of criminal identification and	20801
investigation to conduct a criminal records check with respect to	20802
any applicant who has applied to the board for employment in any	20803
position, except that a county board superintendent is not	20804
required to request a criminal records check for an employee of	20805
the board who is being considered for a different position or is	20806
returning after a leave of absence or seasonal break in	20807
employment, as long as the superintendent has no reason to believe	20808
that the employee has committed any of the offenses listed or	20809
described in division (E) of this section.	20810

If the applicant does not present proof that the applicant	20811
has been a resident of this state for the five-year period	20812
immediately prior to the date upon which the criminal records	20813
check is requested, the county board superintendent shall request	20814
that the superintendent of the bureau obtain information from the	20815
federal bureau of investigation as a part of the criminal records	20816
check for the applicant. If the applicant presents proof that the	20817
applicant has been a resident of this state for that five-year	20818
period, the county board superintendent may request that the	20819
superintendent of the bureau include information from the federal	20820
bureau of investigation in the criminal records check. For	20821
purposes of this division, an applicant may provide proof of	20822
residency in this state by presenting, with a notarized statement	20823
asserting that the applicant has been a resident of this state for	20824
that five-year period, a valid driver's license, notification of	20825
registration as an elector, a copy of an officially filed federal	20826
or state tax form identifying the applicant's permanent residence,	20827
or any other document the superintendent considers acceptable.	20828

(C) The county board superintendent shall provide to each	20829
applicant a copy of the form prescribed pursuant to division	20830
(C)(1) of section 109.572 of the Revised Code, provide to each	20831
applicant a standard impression sheet to obtain fingerprint	20832
impressions prescribed pursuant to division (C)(2) of section	20833
109.572 of the Revised Code, obtain the completed form and	20834
impression sheet from each applicant, and forward the completed	20835
form and impression sheet to the superintendent of the bureau of	20836
criminal identification and investigation at the time the criminal	20837
records check is requested.	20838

Any applicant who receives pursuant to this division a copy	20839
of the form prescribed pursuant to division (C)(1) of section	20840
109.572 of the Revised Code and a copy of an impression sheet	20841
prescribed pursuant to division (C)(2) of that section and who is	20842
requested to complete the form and provide a set of fingerprint	20843
impressions shall complete the form or provide all the information	20844
necessary to complete the form and shall provide the impression	20845
sheet with the impressions of the applicant's fingerprints. If an	20846
applicant, upon request, fails to provide the information	20847
necessary to complete the form or fails to provide impressions of	20848
the applicant's fingerprints, the county board superintendent	20849
shall not employ that applicant.	20850

(D) A county board superintendent may request any other state	20851
or federal agency to supply the board with a written report	20852
regarding the criminal record of each applicant. With regard to an	20853
applicant who becomes a board employee, if the employee holds an	20854
occupational or professional license or other credentials, the	20855
superintendent may request that the state or federal agency that	20856
regulates the employee's occupation or profession supply the board	20857
with a written report of any information pertaining to the	20858
employee's criminal record that the agency obtains in the course	20859
of conducting an investigation or in the process of renewing the	20860
employee's license or other credentials.	20861

(E) Except as provided in division (K)(2) of this section and	20862
in rules adopted by the department of ~~mental retardation and~~	20863
developmental disabilities in accordance with division (M) of this	20864
section, no county board of mental retardation and developmental	20865
disabilities shall employ a person to fill a position with the	20866
board who has been convicted of or pleaded guilty to any of the	20867
following:	20868

(1) A violation of section 2903.01, 2903.02, 2903.03,	20869
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	20870
2903.341, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	20871
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	20872
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	20873
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24,	20874
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04,	20875
2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of	20876
section 2905.04 of the Revised Code as it existed prior to July 1,	20877
1996, a violation of section 2919.23 of the Revised Code that	20878
would have been a violation of section 2905.04 of the Revised Code	20879
as it existed prior to July 1, 1996, had the violation occurred	20880
prior to that date, a violation of section 2925.11 of the Revised	20881
Code that is not a minor drug possession offense, or felonious	20882
sexual penetration in violation of former section 2907.12 of the	20883
Revised Code;	20884

(2) A felony contained in the Revised Code that is not listed	20885
in this division, if the felony bears a direct and substantial	20886
relationship to the duties and responsibilities of the position	20887
being filled;	20888

(3) Any offense contained in the Revised Code constituting a	20889
misdemeanor of the first degree on the first offense and a felony	20890
on a subsequent offense, if the offense bears a direct and	20891
substantial relationship to the position being filled and the	20892
nature of the services being provided by the county board;	20893

(4) A violation of an existing or former municipal ordinance	20894
or law of this state, any other state, or the United States, if	20895
the offense is substantially equivalent to any of the offenses	20896
listed or described in division (E)(1), (2), or (3) of this	20897
section.	20898

(F) Prior to employing an applicant, the county board	20899
superintendent shall require the applicant to submit a statement	20900
with the applicant's signature attesting that the applicant has	20901
not been convicted of or pleaded guilty to any of the offenses	20902
listed or described in division (E) of this section. The	20903
superintendent also shall require the applicant to sign an	20904
agreement under which the applicant agrees to notify the	20905
superintendent within fourteen calendar days if, while employed by	20906
the board, the applicant is ever formally charged with, convicted	20907
of, or pleads guilty to any of the offenses listed or described in	20908
division (E) of this section. The agreement shall inform the	20909
applicant that failure to report formal charges, a conviction, or	20910
a guilty plea may result in being dismissed from employment.	20911

(G) A county board of mental retardation and developmental	20912
disabilities shall pay to the bureau of criminal identification	20913
and investigation the fee prescribed pursuant to division (C)(3)	20914
of section 109.572 of the Revised Code for each criminal records	20915
check requested and conducted pursuant to this section.	20916

(H)(1) Any report obtained pursuant to this section is not a	20917
public record for purposes of section 149.43 of the Revised Code	20918
and shall not be made available to any person, other than the	20919
applicant who is the subject of the records check or criminal	20920
records check or the applicant's representative, the board	20921
requesting the records check or criminal records check or its	20922
representative, the department of ~~mental retardation and~~	20923
developmental disabilities, and any court, hearing officer, or	20924
other necessary individual involved in a case dealing with the	20925
denial of employment to the applicant or the denial, suspension,	20926
or revocation of a certificate or evidence of registration under	20927
section 5126.25 of the Revised Code.	20928

(2) An individual for whom a county board superintendent has	20929
obtained reports under this section may submit a written request	20930
to the county board to have copies of the reports sent to any	20931
state agency, entity of local government, or private entity. The	20932
individual shall specify in the request the agencies or entities	20933
to which the copies are to be sent. On receiving the request, the	20934
county board shall send copies of the reports to the agencies or	20935
entities specified.	20936

A county board may request that a state agency, entity of	20937
local government, or private entity send copies to the board of	20938
any report regarding a records check or criminal records check	20939
that the agency or entity possesses, if the county board obtains	20940
the written consent of the individual who is the subject of the	20941
report.	20942

(I) Each county board superintendent shall request the	20943
registrar of motor vehicles to supply the superintendent with a	20944
certified abstract regarding the record of convictions for	20945
violations of motor vehicle laws of each applicant who will be	20946
required by the applicant's employment to transport individuals	20947
with mental retardation or developmental disabilities or to	20948
operate the board's vehicles for any other purpose. For each	20949
abstract provided under this section, the board shall pay the	20950
amount specified in section 4509.05 of the Revised Code.	20951

(J) The county board superintendent shall provide each	20952
applicant with a copy of any report or abstract obtained about the	20953
applicant under this section. At the request of the director of	20954
~~mental retardation and~~ developmental disabilities, the	20955
superintendent also shall provide the director with a copy of a	20956
report or abstract obtained under this section.	20957

(K)(1) The county board superintendent shall inform each	20958
person, at the time of the person's initial application for	20959
employment, that the person is required to provide a set of	20960
impressions of the person's fingerprints and that a criminal	20961
records check is required to be conducted and satisfactorily	20962
completed in accordance with section 109.572 of the Revised Code	20963
if the person comes under final consideration for appointment or	20964
employment as a precondition to employment in a position.	20965

(2) A board may employ an applicant pending receipt of	20966
reports requested under this section. The board shall terminate	20967
employment of any such applicant if it is determined from the	20968
reports that the applicant failed to inform the county board that	20969
the applicant had been convicted of or pleaded guilty to any of	20970
the offenses listed or described in division (E) of this section.	20971

(L) The board may charge an applicant a fee for costs it	20972
incurs in obtaining reports, abstracts, or fingerprint impressions	20973
under this section. A fee charged under this division shall not	20974
exceed the amount of the fees the board pays under divisions (G)	20975
and (I) of this section. If a fee is charged under this division,	20976
the board shall notify the applicant of the amount of the fee at	20977
the time of the applicant's initial application for employment and	20978
that, unless the fee is paid, the board will not consider the	20979
applicant for employment.	20980

(M) The department of ~~mental retardation and~~ developmental	20981
disabilities shall adopt rules pursuant to Chapter 119. of the	20982
Revised Code to implement this section and section 5126.281 of the	20983
Revised Code, including rules specifying circumstances under which	20984
a county board or contracting entity may hire a person who has	20985
been convicted of or pleaded guilty to an offense listed or	20986
described in division (E) of this section but who meets standards	20987
in regard to rehabilitation set by the department. The rules may	20988
not authorize a county board or contracting entity to hire an	20989
individual who is included in the registry established under	20990
section 5123.52 of the Revised Code.	20991

Sec. 5126.281. (A) As used in this section:

20992

(1) "Contracting entity" means an entity under contract with	20993
a county board of mental retardation and developmental	20994
disabilities for the provision of specialized services to	20995
individuals with mental retardation or a developmental disability.	20996

(2) "Direct services position" means an employment position	20997
in which the employee has physical contact with, the opportunity	20998
to be alone with, or exercises supervision or control over one or	20999
more individuals with mental retardation or a developmental	21000
disability.	21001

(3) "Specialized services" means any program or service	21002
designed and operated to serve primarily individuals with mental	21003
retardation or a developmental disability, including a program or	21004
service provided by an entity licensed or certified by the	21005
department of ~~mental retardation and~~ developmental disabilities.	21006
If there is a question as to whether a contracting entity is	21007
providing specialized services, the contracting entity may request	21008
that the director of ~~mental retardation and~~ developmental	21009
disabilities make a determination. The director's determination is	21010
final.	21011

(B)(1) Except as provided in division (B)(2) of this section,	21012
each contracting entity shall conduct background investigations in	21013
the same manner county boards conduct investigations under section	21014
5126.28 of the Revised Code of all persons under final	21015
consideration for employment with the contracting entity in a	21016
direct services position. On request, the county board shall	21017
assist a contracting entity in obtaining reports from the bureau	21018
of criminal identification and investigation or any other state or	21019
federal agency and in obtaining abstracts from the registrar of	21020
motor vehicles.	21021

(2) A contracting entity is not required to request a	21022
criminal records check for either of the following:	21023

(a) An employee of the entity who is in a direct services	21024
position and being considered for a different direct services	21025
position or is returning after a leave of absence or seasonal	21026
break in employment, as long as the contracting entity has no	21027
reason to believe that the employee has committed any of the	21028
offenses listed or described in division (E) of section 5126.28 of	21029
the Revised Code;	21030

(b) A person who will provide only respite care under a	21031
family support services program established under section 5126.11	21032
of the Revised Code, if the person is selected by a family member	21033
of the individual with mental retardation or a developmental	21034
disability who is to receive the respite care.	21035

(C) No contracting entity shall place a person in a direct	21036
services position if the person has been convicted of or pleaded	21037
guilty to any offense listed or described in division (E) of	21038
section 5126.28 of the Revised Code, unless the person meets the	21039
standards for rehabilitation established by rules adopted under	21040
section 5126.28 of the Revised Code.	21041

(D) A contracting entity may place a person in a direct	21042
services position pending receipt of information concerning the	21043
person's background investigation from the bureau of criminal	21044
identification and investigation, the registrar of motor vehicles,	21045
or any other state or federal agency if the person submits to the	21046
contracting entity a statement with the person's signature that	21047
the person has not been convicted of or pleaded guilty to any of	21048
the offenses listed or described in division (E) of section	21049
5126.28 of the Revised Code. No contracting entity shall fail to	21050
terminate the placement of such person if the contracting entity	21051
is informed that the person has been convicted of or pleaded	21052
guilty to any of the offenses listed or described in division (E)	21053
of section 5126.28 of the Revised Code.	21054

(E) Prior to employing a person in a direct services	21055
position, the contracting entity shall require the person to	21056
submit a statement with the applicant's signature attesting that	21057
the applicant has not been convicted of or pleaded guilty to any	21058
of the offenses listed or described in division (E) of section	21059
5126.28 of the Revised Code. The contracting entity also shall	21060
require the person to sign an agreement to notify the contracting	21061
entity within fourteen calendar days if, while employed by the	21062
entity, the person is ever formally charged with, convicted of, or	21063
pleads guilty to any of the offenses listed or described in	21064
division (E) of section 5126.28 of the Revised Code. The agreement	21065
shall inform the person that failure to report formal charges, a	21066
conviction, or a guilty plea may result in being dismissed from	21067
employment.	21068

(F) A county board may take appropriate action against a	21069
contracting entity that violates this section, including	21070
terminating the contracting entity's contract with the board.	21071

Sec. 5126.29. (A) No professional or management employee in	21072
a position that requires a license issued by the state board of	21073
education under sections 3319.22 to 3319.31 of the Revised Code or	21074
a certificate issued by the director of ~~mental retardation and~~	21075
developmental disabilities under section 5126.25 of the Revised	21076
Code shall terminate the employee's employment contract with a	21077
county board of mental retardation and developmental disabilities	21078
without obtaining the written consent of the board prior to the	21079
termination or giving the board written notice of the termination	21080
at least thirty days before its effective date.	21081

(B) Upon complaint by a county board of mental retardation	21082
and developmental disabilities that a person holding a license	21083
issued under sections 3319.22 to 3319.31 of the Revised Code has	21084
violated division (A) of this section, the state board of	21085
education shall investigate the complaint. If the state board	21086
determines that the person did violate division (A) of this	21087
section, it may suspend the person's license for a period of time	21088
not exceeding one year as determined by the state board.	21089

(C) Upon complaint by a county board of mental retardation	21090
and developmental disabilities that a person holding a certificate	21091
issued under section 5126.25 of the Revised Code has violated	21092
division (A) of this section, the director of ~~mental retardation~~	21093
~~and~~ developmental disabilities shall investigate the complaint. If	21094
the director determines that the person did violate division (A)	21095
of this section, the director may suspend the person's certificate	21096
for a period of time not exceeding one year as determined by the	21097
director.	21098

Sec. 5126.31. (A) A county board of mental retardation and	21099
developmental disabilities shall review reports of abuse and	21100
neglect made under section 5123.61 of the Revised Code and reports	21101
referred to it under section 5101.611 of the Revised Code to	21102
determine whether the person who is the subject of the report is	21103
an adult with mental retardation or a developmental disability in	21104
need of services to deal with the abuse or neglect. The board	21105
shall give notice of each report to the registry office of the	21106
department of ~~mental retardation and~~ developmental disabilities	21107
established pursuant to section 5123.61 of the Revised Code on the	21108
first working day after receipt of the report. If the report	21109
alleges that there is a substantial risk to the adult of immediate	21110
physical harm or death, the board shall initiate review within	21111
twenty-four hours of its receipt of the report. If the board	21112
determines that the person is sixty years of age or older but does	21113
not have mental retardation or a developmental disability, it	21114
shall refer the case to the county department of job and family	21115
services. If the board determines that the person is an adult with	21116
mental retardation or a developmental disability, it shall	21117
continue its review of the case.	21118

(B) For each review over which the board retains	21119
responsibility under division (A) of this section, it shall do all	21120
of the following:	21121

(1) Give both written and oral notice of the purpose of the	21122
review to the adult and, if any, to the adult's legal counsel or	21123
caretaker, in simple and clear language;	21124

(2) Visit the adult, in the adult's residence if possible,	21125
and explain the notice given under division (B)(1) of this	21126
section;	21127

(3) Request from the registry office any prior reports	21128
concerning the adult or other principals in the case;	21129

(4) Consult, if feasible, with the person who made the report	21130
under section 5101.61 or 5123.61 of the Revised Code and with any	21131
agencies or persons who have information about the alleged abuse	21132
or neglect;	21133

(5) Cooperate fully with the law enforcement agency	21134
responsible for investigating the report and for filing any	21135
resulting criminal charges and, on request, turn over evidence to	21136
the agency;	21137

(6) Determine whether the adult needs services, and prepare a	21138
written report stating reasons for the determination. No adult	21139
shall be determined to be abused, neglected, or in need of	21140
services for the sole reason that, in lieu of medical treatment,	21141
the adult relies on or is being furnished spiritual treatment	21142
through prayer alone in accordance with the tenets and practices	21143
of a church or religious denomination of which the adult is a	21144
member or adherent.	21145

(C) The board shall arrange for the provision of services for	21146
the prevention, correction or discontinuance of abuse or neglect	21147
or of a condition resulting from abuse or neglect for any adult	21148
who has been determined to need the services and consents to	21149
receive them. These services may include, but are not limited to,	21150
service and support administration, fiscal management, medical,	21151
mental health, home health care, homemaker, legal, and residential	21152
services and the provision of temporary accommodations and	21153
necessities such as food and clothing. The services do not include	21154
acting as a guardian, trustee, or protector as defined in section	21155
5123.55 of the Revised Code. If the provision of residential	21156
services would require expenditures by the department of ~~mental~~	21157
~~retardation and~~ developmental disabilities, the board shall obtain	21158
the approval of the department prior to arranging the residential	21159
services.	21160

To arrange services, the board shall:

21161

(1) Develop an individualized service plan identifying the	21162
types of services required for the adult, the goals for the	21163
services, and the persons or agencies that will provide them;	21164

(2) In accordance with rules established by the director of	21165
~~mental retardation and~~ developmental disabilities, obtain the	21166
consent of the adult or the adult's guardian to the provision of	21167
any of these services and obtain the signature of the adult or	21168
guardian on the individual service plan. An adult who has been	21169
found incompetent under Chapter 2111. of the Revised Code may	21170
consent to services. If the board is unable to obtain consent, it	21171
may seek, if the adult is incapacitated, a court order pursuant to	21172
section 5126.33 of the Revised Code authorizing the board to	21173
arrange these services.	21174

(D) The board shall ensure that the adult receives the	21175
services arranged by the board from the provider and shall have	21176
the services terminated if the adult withdraws consent.	21177

(E) On completion of a review, the board shall submit a	21178
written report to the registry office established under section	21179
5123.61 of the Revised Code. If the report includes a finding that	21180
a person with mental retardation or a developmental disability is	21181
a victim of action or inaction that may constitute a crime under	21182
federal law or the law of this state, the board shall submit the	21183
report to the law enforcement agency responsible for investigating	21184
the report. Reports prepared under this section are not public	21185
records as defined in section 149.43 of the Revised Code.	21186

Sec. 5126.311. (A) Notwithstanding the requirement of	21187
section 5126.31 of the Revised Code that a county board of mental	21188
retardation and developmental disabilities review reports of abuse	21189
and neglect, one of the following government entities, at the	21190
request of the county board or the department of ~~mental~~	21191
~~retardation and~~ developmental disabilities, shall review the	21192
report instead of the county board if circumstances specified in	21193
rules adopted under division (B) of this section exist:	21194

(1) Another county board of mental retardation and	21195
developmental disabilities;	21196

(2) The department;

21197

(3) A regional council of government established pursuant to	21198
Chapter 167. of the Revised Code;	21199

(4) Any other government entity authorized to investigate	21200
reports of abuse and neglect.	21201

(B) The director of ~~mental retardation and~~ developmental	21202
disabilities shall adopt rules in accordance with Chapter 119. of	21203
the Revised Code specifying circumstances under which it is	21204
inappropriate for a county board to review reports of abuse and	21205
neglect.	21206

Sec. 5126.313. (A) After reviewing a report of abuse or	21207
neglect under section 5126.31 of the Revised Code or a report of a	21208
major unusual incident made in accordance with rules adopted under	21209
section 5123.612 of the Revised Code, a county board of mental	21210
retardation and developmental disabilities shall conduct an	21211
investigation if circumstances specified in rules adopted under	21212
division (B) of this section exist. If the circumstances specified	21213
in the rules exist, the county board shall conduct the	21214
investigation in the manner specified by the rules.	21215

(B) The director of ~~mental retardation and~~ developmental	21216
disabilities shall adopt rules in accordance with Chapter 119. of	21217
the Revised Code specifying circumstances under which a county	21218
board shall conduct investigations under division (A) of this	21219
section and the manner in which the county board shall conduct the	21220
investigation.	21221

Sec. 5126.333. Any person who has reason to believe that	21222
there is a substantial risk to an adult with mental retardation or	21223
a developmental disability of immediate physical harm or death and	21224
that the responsible county board of mental retardation and	21225
developmental disabilities has failed to seek an order pursuant to	21226
section 5126.33 or 5126.331 of the Revised Code may notify the	21227
department of ~~mental retardation and~~ developmental disabilities.	21228
Within twenty-four hours of receipt of such notice, the department	21229
shall cause an investigation to be conducted regarding the notice.	21230
The department shall provide assistance to the county board to	21231
provide for the health and safety of the adult as permitted by	21232
law.	21233

Sec. 5126.34. Each county board of mental retardation and	21234
developmental disabilities shall provide comprehensive, formal	21235
training for county board employees and other persons authorized	21236
to implement sections 5126.30 to 5126.34 of the Revised Code.	21237

The department of ~~mental retardation and~~ developmental	21238
disabilities shall adopt rules establishing minimum standards for	21239
the training provided by county boards pursuant to this section.	21240
The training provided by the county boards shall meet the minimum	21241
standards prescribed by the rules.	21242

Sec. 5126.40. (A) Sections 5126.40 to 5126.47 of the Revised	21243
Code do not apply to medicaid-funded supported living.	21244

(B) As used in sections 5126.40 to 5126.47 of the Revised	21245
Code, "provider" means a person or government entity certified by	21246
the director of ~~mental retardation and~~ developmental disabilities	21247
to provide supported living for individuals with mental	21248
retardation and developmental disabilities.	21249

(C) On and after July 1, 1995, each county board shall plan	21250
and develop supported living for individuals with mental	21251
retardation and developmental disabilities who are residents of	21252
the county in accordance with sections 5126.41 to 5126.47 of the	21253
Revised Code.	21254

Sec. 5126.42. (A) A county board of mental retardation and	21255
developmental disabilities shall establish an advisory council	21256
composed of board members or employees of the board, providers,	21257
individuals receiving supported living, and advocates for	21258
individuals receiving supported living to provide on-going	21259
communication among all persons concerned with supported living.	21260

(B) The board shall develop procedures for the resolution of	21261
grievances between the board and providers or between the board	21262
and an entity with which it has a shared funding agreement.	21263

(C) The board shall develop and implement a provider	21264
selection system. Each system shall enable an individual to choose	21265
to continue receiving supported living from the same providers, to	21266
select additional providers, or to choose alternative providers.	21267
Annually, the board shall review its provider selection system to	21268
determine whether it has been implemented in a manner that allows	21269
individuals fair and equitable access to providers.	21270

In developing a provider selection system, the county board	21271
shall create a pool of providers for individuals to use in	21272
choosing their providers of supported living. The pool shall be	21273
created by placing in the pool all providers on record with the	21274
board or by placing in the pool all providers approved by the	21275
board through soliciting requests for proposals for supported	21276
living contracts. In either case, only providers that are	21277
certified by the director of ~~mental retardation and~~ developmental	21278
disabilities may be placed in the pool.	21279

If the board places all providers on record in the pool, the	21280
board shall review the pool at least annually to determine whether	21281
each provider has continued interest in being a provider and has	21282
maintained its certification by the department. At any time, an	21283
interested and certified provider may make a request to the board	21284
that it be added to the pool, and the board shall add the provider	21285
to the pool not later than seven days after receiving the request.	21286

If the board solicits requests for proposals for inclusion of	21287
providers in the pool, the board shall develop standards for	21288
selecting the providers to be included. Requests for proposals	21289
shall be solicited at least annually. When requests are solicited,	21290
the board shall cause legal notices to be published at least once	21291
each week for two consecutive weeks in a newspaper with general	21292
circulation within the county. The board's formal request for	21293
proposals shall include a description of any applicable contract	21294
terms, the standards that are used to select providers for	21295
inclusion in the pool, and the process the board uses to resolve	21296
disputes arising from the selection process. The board shall	21297
accept requests from any entity interested in being a provider of	21298
supported living for individuals served by the board. Requests	21299
shall be approved or denied according to the standards developed	21300
by the board. Providers that previously have been placed in the	21301
pool are not required to resubmit a request for proposal to be	21302
included in the pool, unless the board's standards have been	21303
changed.	21304

In assisting an individual in choosing a provider, the county	21305
board shall provide the individual with uniform and consistent	21306
information pertaining to each provider in the pool. An individual	21307
may choose to receive supported living from a provider that is	21308
not included in the pool, if the provider is certified by the	21309
director of ~~mental retardation and~~ developmental disabilities.	21310

Sec. 5126.43. (A) After receiving notice from the department	21311
of ~~mental retardation and~~ developmental disabilities of the amount	21312
of state funds to be distributed to it for planning, developing,	21313
contracting for, and providing supported living, the county board	21314
of mental retardation and developmental disabilities shall	21315
arrange for supported living on behalf of and with the consent of	21316
individuals based on their individual service plans developed	21317
under section 5126.41 of the Revised Code. With the state	21318
distribution and any other money designated by the board for	21319
supported living, the board shall arrange for supported living in	21320
one or more of the following ways:	21321

(1) By contracting under section 5126.45 of the Revised Code	21322
with providers selected by the individual to be served;	21323

(2) By entering into shared funding agreements with state	21324
agencies, local public agencies, or political subdivisions at	21325
rates negotiated by the board;	21326

(3) By providing direct payment or vouchers to be used to	21327
purchase supported living, pursuant to a written contract in an	21328
amount determined by the board, to the individual or a person	21329
providing the individual with protective services as defined in	21330
section 5123.55 of the Revised Code.	21331

(B) The board may arrange for supported living only with	21332
providers that are certified by the director of ~~mental~~	21333
~~retardation and~~ developmental disabilities.	21334

When no certified provider is willing and able to provide	21335
supported living for an individual in accordance with the terms of	21336
the individual service plan for that individual, a county board	21337
may provide supported living directly if it is certified by the	21338
director of ~~mental retardation and~~ developmental disabilities to	21339
provide supported living.	21340

A county board may, for a period not to exceed ninety days,	21341
contract for or provide supported living without meeting the	21342
requirements of this section for an individual it determines to be	21343
in emergency need of supported living. Thereafter, the individual	21344
shall choose providers in accordance with sections 5126.41 and	21345
5126.42 of the Revised Code.	21346

Sec. 5139.08. The department of youth services may enter	21347
into an agreement with the director of rehabilitation and	21348
correction pursuant to which the department of youth services, in	21349
accordance with division (C)(2) of section 5139.06 and section	21350
5120.162 of the Revised Code, may transfer to a correctional	21351
medical center established by the department of rehabilitation and	21352
correction, children who are within its custody for diagnosis or	21353
treatment of an illness, physical condition, or other medical	21354
problem. The department of youth services may enter into any other	21355
agreements with the director of job and family services, the	21356
director of mental health, the director of ~~mental retardation and~~	21357
developmental disabilities, the director of rehabilitation and	21358
correction, with the courts having probation officers or other	21359
public officials, and with private agencies or institutions for	21360
separate care or special treatment of children subject to the	21361
control of the department of youth services. The department of	21362
youth services may, upon the request of a juvenile court not	21363
having a regular probation officer, provide probation services for	21364
such court.	21365

Upon request by the department of youth services, any public	21366
agency or group care facility established or administered by the	21367
state for the care and treatment of children and youth shall,	21368
consistent with its functions, accept and care for any child whose	21369
custody is vested in the department in the same manner as it would	21370
be required to do if custody had been vested by a court in such	21371
agency or group care facility. If the department has reasonable	21372
grounds to believe that any child or youth whose custody is vested	21373
in it is mentally ill or mentally retarded, the department may	21374
file an affidavit under section 5122.11 or 5123.76 of the Revised	21375
Code. The department's affidavit for admission of a child or youth	21376
to such institution shall be filed with the probate court of the	21377
county from which the child was committed to the department. Such	21378
court may request the probate court of the county in which the	21379
child is held to conduct the hearing on the application, in which	21380
case the court making such request shall bear the expenses of the	21381
proceeding. If the department files such an affidavit, the child	21382
or youth may be kept in such institution until a final decision on	21383
the affidavit is made by the appropriate court.	21384

Sec. 5139.34. (A) Funds may be appropriated to the	21385
department of youth services for the purpose of granting state	21386
subsidies to counties. A county or the juvenile court that serves	21387
a county shall use state subsidies granted to the county pursuant	21388
to this section only in accordance with divisions (B)(2)(a) and	21389
(3)(a) of section 5139.43 of the Revised Code and the rules	21390
pertaining to the state subsidy funds that the department adopts	21391
pursuant to division (D) of section 5139.04 of the Revised Code.	21392
The department shall not grant financial assistance pursuant to	21393
this section for the provision of care and services for children	21394
in a placement facility unless the facility has been certified,	21395
licensed, or approved by a state or national agency with	21396
certification, licensure, or approval authority, including, but	21397
not limited to, the department of job and family services,	21398
department of education, department of mental health, department	21399
of ~~mental retardation and~~ developmental disabilities, or American	21400
~~Correctional Association~~correctional association. For the	21401
purposes of this section, placement facilities do not include a	21402
state institution or a county or district children's home.	21403

The department also shall not grant financial assistance	21404
pursuant to this section for the provision of care and services	21405
for children, including, but not limited to, care and services in	21406
a detention facility, in another facility, or in out-of-home	21407
placement, unless the minimum standards applicable to the care and	21408
services that the department prescribes in rules adopted pursuant	21409
to division (D) of section 5139.04 of the Revised Code have been	21410
satisfied.	21411

(B) The department of youth services shall apply the	21412
following formula to determine the amount of the annual grant that	21413
each county is to receive pursuant to division (A) of this	21414
section, subject to the appropriation for this purpose to the	21415
department made by the general assembly:	21416

(1) Each county shall receive a basic annual grant of fifty	21417
thousand dollars.	21418

(2) The sum of the basic annual grants provided under	21419
division (B)(1) of this section shall be subtracted from the total	21420
amount of funds appropriated to the department of youth services	21421
for the purpose of making grants pursuant to division (A) of this	21422
section to determine the remaining portion of the funds	21423
appropriated. The remaining portion of the funds appropriated	21424
shall be distributed on a per capita basis to each county that has	21425
a population of more than twenty-five thousand for that portion of	21426
the population of the county that exceeds twenty-five thousand.	21427

(C)(1) Prior to a county's receipt of an annual grant	21428
pursuant to this section, the juvenile court that serves the	21429
county shall prepare, submit, and file in accordance with division	21430
(B)(3)(a) of section 5139.43 of the Revised Code an annual grant	21431
agreement and application for funding that is for the combined	21432
purposes of, and that satisfies the requirements of, this section	21433
and section 5139.43 of the Revised Code. In addition to the	21434
subject matters described in division (B)(3)(a) of section 5139.43	21435
of the Revised Code or in the rules that the department adopts to	21436
implement that division, the annual grant agreement and	21437
application for funding shall address fiscal accountability and	21438
performance matters pertaining to the programs, care, and services	21439
that are specified in the agreement and application and for which	21440
state subsidy funds granted pursuant to this section will be used.	21441

(2) The county treasurer of each county that receives an	21442
annual grant pursuant to this section shall deposit the state	21443
subsidy funds so received into the county's felony delinquent care	21444
and custody fund created pursuant to division (B)(1) of section	21445
5139.43 of the Revised Code. Subject to exceptions prescribed in	21446
section 5139.43 of the Revised Code that may apply to the	21447
disbursement, the department shall disburse the state subsidy	21448
funds to which a county is entitled in a lump sum payment that	21449
shall be made in July of each calendar year.	21450

(3) Upon an order of the juvenile court that serves a county	21451
and subject to appropriation by the board of county commissioners	21452
of that county, a county treasurer shall disburse from the	21453
county's felony delinquent care and custody fund the state subsidy	21454
funds granted to the county pursuant to this section for use only	21455
in accordance with this section, the applicable provisions of	21456
section 5139.43 of the Revised Code, and the county's approved	21457
annual grant agreement and application for funding.	21458

(4) The moneys in a county's felony delinquent care and	21459
custody fund that represent state subsidy funds granted pursuant	21460
to this section are subject to appropriation by the board of	21461
county commissioners of the county; shall be disbursed by the	21462
county treasurer as required by division (C)(3) of this section;	21463
shall be used in the manners referred to in division (C)(3) of	21464
this section; shall not revert to the county general fund at the	21465
end of any fiscal year; shall carry over in the felony delinquent	21466
care and custody fund from the end of any fiscal year to the next	21467
fiscal year; shall be in addition to, and shall not be used to	21468
reduce, any usual annual increase in county funding that the	21469
juvenile court is eligible to receive or the current level of	21470
county funding of the juvenile court and of any programs, care, or	21471
services for alleged or adjudicated delinquent children, unruly	21472
children, or juvenile traffic offenders or for children who are at	21473
risk of becoming delinquent children, unruly children, or juvenile	21474
traffic offenders; and shall not be used to pay for the care and	21475
custody of felony deliquents who are in the care and custody of an	21476
institution pursuant to a commitment, recommitment, or revocation	21477
of a release on parole by the juvenile court of that county or who	21478
are in the care and custody of a community corrections facility	21479
pursuant to a placement by the department with the consent of the	21480
juvenile court as described in division (E) of section 5139.36 of	21481
the Revised Code.	21482

(5) As a condition of the continued receipt of state subsidy	21483
funds pursuant to this section, each county and the juvenile court	21484
that serves each county that receives an annual grant pursuant to	21485
this section shall comply with divisions (B)(3)(b), (c), and (d)	21486
of section 5139.43 of the Revised Code.	21487

Sec. 5145.18. Any printing or binding performed in a state	21488
correctional institution may be performed for the use of the	21489
institution, the departments of mental health, ~~mental retardation~~	21490
~~and~~ developmental disabilities, and rehabilitation and correction,	21491
the department of public safety in connection with the	21492
registration of motor vehicles, and for any other purpose	21493
authorized by division (B) of section 5145.03 and by sections	21494
5145.16 and 5145.161 of the Revised Code.	21495

Sec. 5153.16. (A) Except as provided in section 2151.422 of	21496
the Revised Code, in accordance with rules adopted under section	21497
5153.166 of the Revised Code, and on behalf of children in the	21498
county whom the public children services agency considers to be in	21499
need of public care or protective services, the public children	21500
services agency shall do all of the following:	21501

(1) Make an investigation concerning any child alleged to be	21502
an abused, neglected, or dependent child;	21503

(2) Enter into agreements with the parent, guardian, or other	21504
person having legal custody of any child, or with the department	21505
of job and family services, department of mental health,	21506
department of ~~mental retardation and~~ developmental disabilities,	21507
other department, any certified organization within or outside the	21508
county, or any agency or institution outside the state, having	21509
legal custody of any child, with respect to the custody, care, or	21510
placement of any child, or with respect to any matter, in the	21511
interests of the child, provided the permanent custody of a child	21512
shall not be transferred by a parent to the public children	21513
services agency without the consent of the juvenile court;	21514

(3) Accept custody of children committed to the public	21515
children services agency by a court exercising juvenile	21516
jurisdiction;	21517

(4) Provide such care as the public children services agency	21518
considers to be in the best interests of any child adjudicated to	21519
be an abused, neglected, or dependent child the agency finds to be	21520
in need of public care or service;	21521

(5) Provide social services to any unmarried girl adjudicated	21522
to be an abused, neglected, or dependent child who is pregnant	21523
with or has been delivered of a child;	21524

(6) Make available to the bureau for children with medical	21525
handicaps of the department of health at its request any	21526
information concerning a crippled child found to be in need of	21527
treatment under sections 3701.021 to 3701.028 of the Revised Code	21528
who is receiving services from the public children services	21529
agency;	21530

(7) Provide temporary emergency care for any child considered	21531
by the public children services agency to be in need of such care,	21532
without agreement or commitment;	21533

(8) Find certified foster homes, within or outside the	21534
county, for the care of children, including handicapped children	21535
from other counties attending special schools in the county;	21536

(9) Subject to the approval of the board of county	21537
commissioners and the state department of job and family services,	21538
establish and operate a training school or enter into an agreement	21539
with any municipal corporation or other political subdivision of	21540
the county respecting the operation, acquisition, or maintenance	21541
of any children's home, training school, or other institution for	21542
the care of children maintained by such municipal corporation or	21543
political subdivision;	21544

(10) Acquire and operate a county children's home, establish,	21545
maintain, and operate a receiving home for the temporary care of	21546
children, or procure certified foster homes for this purpose;	21547

(11) Enter into an agreement with the trustees of any	21548
district children's home, respecting the operation of the district	21549
children's home in cooperation with the other county boards in the	21550
district;	21551

(12) Cooperate with, make its services available to, and act	21552
as the agent of persons, courts, the department of job and family	21553
services, the department of health, and other organizations within	21554
and outside the state, in matters relating to the welfare of	21555
children, except that the public children services agency shall	21556
not be required to provide supervision of or other services	21557
related to the exercise of parenting time rights granted pursuant	21558
to section 3109.051 or 3109.12 of the Revised Code or	21559
companionship or visitation rights granted pursuant to section	21560
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	21561
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	21562
a common pleas court, pursuant to division (E)(6) of section	21563
3113.31 of the Revised Code, requires the provision of supervision	21564
or other services related to the exercise of the parenting time	21565
rights or companionship or visitation rights;	21566

(13) Make investigations at the request of any superintendent	21567
of schools in the county or the principal of any school concerning	21568
the application of any child adjudicated to be an abused,	21569
neglected, or dependent child for release from school, where such	21570
service is not provided through a school attendance department;	21571

(14) Administer funds provided under Title IV-E of the	21572
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	21573
amended, in accordance with rules adopted under section 5101.141	21574
of the Revised Code;	21575

(15) In addition to administering Title IV-E adoption	21576
assistance funds, enter into agreements to make adoption	21577
assistance payments under section 5153.163 of the Revised Code;	21578

(16) Implement a system of safety and risk assessment, in	21579
accordance with rules adopted by the director of job and family	21580
services, to assist the public children services agency in	21581
determining the risk of abuse or neglect to a child;	21582

(17) Enter into a plan of cooperation with the board of	21583
county commissioners under section 307.983 of the Revised Code and	21584
comply with each fiscal agreement the board enters into under	21585
section 307.98 of the Revised Code that include family services	21586
duties of public children services agencies and contracts the	21587
board enters into under sections 307.981 and 307.982 of the	21588
Revised Code that affect the public children services agency;	21589

(18) Make reasonable efforts to prevent the removal of an	21590
alleged or adjudicated abused, neglected, or dependent child from	21591
the child's home, eliminate the continued removal of the child	21592
from the child's home, or make it possible for the child to return	21593
home safely, except that reasonable efforts of that nature are not	21594
required when a court has made a determination under division	21595
(A)(2) of section 2151.419 of the Revised Code;	21596

(19) Make reasonable efforts to place the child in a timely	21597
manner in accordance with the permanency plan approved under	21598
division (E) of section 2151.417 of the Revised Code and to	21599
complete whatever steps are necessary to finalize the permanent	21600
placement of the child;	21601

(20) Administer a Title IV-A program identified under	21602
division (A)(4)(c) or (f) of section 5101.80 of the Revised Code	21603
that the department of job and family services provides for the	21604
public children services agency to administer under the	21605
department's supervision pursuant to section 5101.801 of the	21606
Revised Code;	21607

(21) Administer the kinship permanency incentive program	21608
created under section 5101.802 of the Revised Code under the	21609
supervision of the director of job and family services;	21610

(22) Provide independent living services pursuant to sections	21611
2151.81 to 2151.84 of the Revised Code.	21612

(B) The public children services agency shall use the system	21613
implemented pursuant to division (A)(16) of this section in	21614
connection with an investigation undertaken pursuant to division	21615
(F)(1) of section 2151.421 of the Revised Code to assess both of	21616
the following:	21617

(1) The ongoing safety of the child;

21618

(2) The appropriateness of the intensity and duration of the	21619
services provided to meet child and family needs throughout the	21620
duration of a case.	21621

(C) Except as provided in section 2151.422 of the Revised	21622
Code, in accordance with rules of the director of job and family	21623
services, and on behalf of children in the county whom the public	21624
children services agency considers to be in need of public care or	21625
protective services, the public children services agency may do	21626
the following:	21627

(1) Provide or find, with other child serving systems,	21628
specialized foster care for the care of children in a specialized	21629
foster home, as defined in section 5103.02 of the Revised Code,	21630
certified under section 5103.03 of the Revised Code;	21631

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	21632
this section, contract with the following for the purpose of	21633
assisting the agency with its duties:	21634

(i) County departments of job and family services;

21635

(ii) Boards of alcohol, drug addiction, and mental health	21636
services;	21637

(iii) County boards of mental retardation and developmental	21638
disabilities;	21639

(iv) Regional councils of political subdivisions established	21640
under Chapter 167. of the Revised Code;	21641

(v) Private and government providers of services;

21642

(vi) Managed care organizations and prepaid health plans.

21643

(b) A public children services agency contract under division	21644
(C)(2)(a) of this section regarding the agency's duties under	21645
section 2151.421 of the Revised Code may not provide for the	21646
entity under contract with the agency to perform any service not	21647
authorized by the department's rules.	21648

(c) Only a county children services board appointed under	21649
section 5153.03 of the Revised Code that is a public children	21650
services agency may contract under division (C)(2)(a) of this	21651
section. If an entity specified in division (B) or (C) of section	21652
5153.02 of the Revised Code is the public children services agency	21653
for a county, the board of county commissioners may enter into	21654
contracts pursuant to section 307.982 of the Revised Code	21655
regarding the agency's duties.	21656

Sec. 5511.03. The director of transportation shall examine	21657
the existing highway facilities serving the several hospitals,	21658
educational institutions, and correctional and other similar	21659
institutions belonging to the state, and located outside municipal	21660
corporations. Where hethe director finds that any such state	21661
institution is not located on a state highway or connected with a	21662
highway by a suitable road, affording in its present condition	21663
adequate transportation facilities to those having occasion to	21664
visit such institution, hethe director may establish a state	21665
highway leading to such institution from a convenient point on an	21666
existing highway. Where hethe director finds that any such	21667
institution is not served by adequate highway facilities	21668
connecting it with the railroad delivery point from which it	21669
principally obtains fuel, provisions, and supplies, hethe	21670
director may establish a highway connecting such institution and	21671
railroad delivery point. Limitations imposed on the mileage of	21672
state highways shall not apply to highways established under this	21673
section.	21674

The director may construct at state expense all highways	21675
established under authority of this section and pay the entire	21676
cost thereof from the state highway operating fund. Such highways	21677
shall be maintained by the department of transportation and the	21678
cost shall be paid from the highway operating fund of the	21679
department.	21680

The directors of transportation, mental health, ~~mental~~	21681
~~retardation and~~ developmental disabilities, and rehabilitation and	21682
correction may cooperate in the establishment, construction,	21683
reconstruction, maintenance, and repair of roads within the limits	21684
of state institutions. The cost shall be paid from funds	21685
appropriated for highway purposes and from the funds appropriated	21686
to the department of mental health, department of ~~mental~~	21687
~~retardation and~~ developmental disabilities, or the department of	21688
rehabilitation and correction for capital improvements or	21689
maintenance in such proportion as may be agreed upon by the	21690
directors of transportation, mental health, ~~mental retardation and~~	21691
developmental disabilities, and rehabilitation and correction.	21692

Sec. 5815.28. (A) As used in this section:

21693

(1) "Ascertainable standard" includes a standard in a trust	21694
instrument requiring the trustee to provide for the care, comfort,	21695
maintenance, welfare, education, or general well-being of the	21696
beneficiary.	21697

(2) "Disability" means any substantial, medically	21698
determinable impairment that can be expected to result in death or	21699
that has lasted or can be expected to last for a continuous period	21700
of at least twelve months, except that "disability" does not	21701
include an impairment that is the result of abuse of alcohol or	21702
drugs.	21703

(3) "Political subdivision" and "state" have the same	21704
meanings as in section 2744.01 of the Revised Code.	21705

(4) "Supplemental services" means services specified by rule	21706
of the department of mental health under section 5119.01 of the	21707
Revised Code or the department of ~~mental retardation and~~	21708
developmental disabilities under section 5123.04 of the Revised	21709
Code that are provided to an individual with a disability in	21710
addition to services the individual is eligible to receive under	21711
programs authorized by federal or state law.	21712

(B) Any person may create a trust under this section to	21713
provide funding for supplemental services for the benefit of	21714
another individual who meets either of the following conditions:	21715

(1) The individual has a physical or mental disability and is	21716
eligible to receive services through the department of ~~mental~~	21717
~~retardation and~~ developmental disabilities or a county board of	21718
mental retardation and developmental disabilities;	21719

(2) The individual has a mental disability and is eligible to	21720
receive services through the department of mental health or a	21721
board of alcohol, drug addiction, and mental health services.	21722

The trust may confer discretion upon the trustee and may	21723
contain specific instructions or conditions governing the exercise	21724
of the discretion.	21725

(C) The general division of the court of common pleas and the	21726
probate court of the county in which the beneficiary of a trust	21727
authorized by division (B) of this section resides or is confined	21728
have concurrent original jurisdiction to hear and determine	21729
actions pertaining to the trust. In any action pertaining to the	21730
trust in a court of common pleas or probate court and in any	21731
appeal of the action, all of the following apply to the trial or	21732
appellate court:	21733

(1) The court shall render determinations consistent with the	21734
testator's or other settlor's intent in creating the trust, as	21735
evidenced by the terms of the trust instrument.	21736

(2) The court may order the trustee to exercise discretion	21737
that the trust instrument confers upon the trustee only if the	21738
instrument contains specific instructions or conditions governing	21739
the exercise of that discretion and the trustee has failed to	21740
comply with the instructions or conditions. In issuing an order	21741
pursuant to this division, the court shall require the trustee to	21742
exercise the trustee's discretion only in accordance with the	21743
instructions or conditions.	21744

(3) The court may order the trustee to maintain the trust and	21745
distribute assets in accordance with rules adopted by the director	21746
of mental health under section 5119.01 of the Revised Code or the	21747
director of ~~mental retardation and~~ developmental disabilities	21748
under section 5123.04 of the Revised Code if the trustee has	21749
failed to comply with such rules.	21750

(D) To the extent permitted by federal law and subject to the	21751
provisions of division (C)(2) of this section pertaining to the	21752
enforcement of specific instructions or conditions governing a	21753
trustee's discretion, a trust authorized by division (B) of this	21754
section that confers discretion upon the trustee shall not be	21755
considered an asset or resource of the beneficiary, the	21756
beneficiary's estate, the settlor, or the settlor's estate and	21757
shall be exempt from the claims of creditors, political	21758
subdivisions, the state, other governmental entities, and other	21759
claimants against the beneficiary, the beneficiary's estate, the	21760
settlor, or the settlor's estate, including claims based on	21761
provisions of Chapters 5111., 5121., or 5123. of the Revised Code	21762
and claims sought to be satisfied by way of a civil action,	21763
subrogation, execution, garnishment, attachment, judicial sale, or	21764
other legal process, if all of the following apply:	21765

(1) At the time the trust is created, the trust principal	21766
does not exceed the maximum amount determined under division (E)	21767
of this section;	21768

(2) The trust instrument contains a statement of the	21769
settlor's intent, or otherwise clearly evidences the settlor's	21770
intent, that the beneficiary does not have authority to compel the	21771
trustee under any circumstances to furnish the beneficiary with	21772
minimal or other maintenance or support, to make payments from the	21773
principal of the trust or from the income derived from the	21774
principal, or to convert any portion of the principal into cash,	21775
whether pursuant to an ascertainable standard specified in the	21776
instrument or otherwise;	21777

(3) The trust instrument provides that trust assets can be	21778
used only to provide supplemental services, as defined by rule of	21779
the director of mental health under section 5119.01 of the Revised	21780
Code or the director of ~~mental retardation and~~ developmental	21781
disabilities under section 5123.04 of the Revised Code, to the	21782
beneficiary;	21783

(4) The trust is maintained and assets are distributed in	21784
accordance with rules adopted by the director of mental health	21785
under section 5119.01 of the Revised Code or the director of	21786
~~mental retardation and~~ developmental disabilities under section	21787
5123.04 of the Revised Code;	21788

(5) The trust instrument provides that on the death of the	21789
beneficiary, a portion of the remaining assets of the trust, which	21790
shall be not less than fifty per cent of such assets, will be	21791
deposited to the credit of the services fund for individuals with	21792
mental illness created by section 5119.17 of the Revised Code or	21793
the services fund for individuals with mental retardation and	21794
developmental disabilities created by section 5123.40 of the	21795
Revised Code.	21796

(E) In 1994, the trust principal maximum amount for a trust	21797
created under this section shall be two hundred thousand dollars.	21798
The maximum amount for a trust created under this section prior to	21799
November 11, 1994, may be increased to two hundred thousand	21800
dollars.	21801

In 1995, the maximum amount for a trust created under this	21802
section shall be two hundred two thousand dollars. Each year	21803
thereafter, the maximum amount shall be the prior year's amount	21804
plus two thousand dollars.	21805

(F) This section does not limit or otherwise affect the	21806
creation, validity, interpretation, or effect of any trust that is	21807
not created under this section.	21808

(G) Once a trustee takes action on a trust created by a	21809
settlor under this section and disburses trust funds on behalf of	21810
the beneficiary of the trust, then the trust may not be terminated	21811
or otherwise revoked by a particular event or otherwise without	21812
payment into the services fund created pursuant to section 5119.17	21813
or 5123.40 of the Revised Code of an amount that is equal to the	21814
disbursements made on behalf of the beneficiary for medical care	21815
by the state from the date the trust vests but that is not more	21816
than fifty per cent of the trust corpus.	21817

Sec. 5815.35. (A)(1) As used in this division, "fiduciary"	21818
means any person, association, or corporation, other than a	21819
trustee of a testamentary trust, an assignee or trustee for an	21820
insolvent debtor, or a guardian under Chapter 5905. of the Revised	21821
Code, that is appointed by and accountable to the probate court,	21822
and that is acting in a fiduciary capacity for another or charged	21823
with duties in relation to any property, interest, or estate for	21824
another's benefit. A fiduciary also includes an agency under	21825
contract with the department of ~~mental retardation and~~	21826
developmental disabilities for the provision of protective service	21827
under sections 5123.55 to 5123.59 of the Revised Code, when	21828
appointed by and accountable to the probate court as a guardian or	21829
trustee for a mentally retarded or developmentally disabled	21830
person.	21831

(2) A fiduciary who enters a contract as fiduciary on or	21832
after March 22, 1984, is not personally liable on that contract,	21833
unless the contract otherwise specifies, if the contract is within	21834
the fiduciary's authority and the fiduciary discloses that the	21835
contract is being entered into in a fiduciary capacity. In a	21836
contract, the words "fiduciary" or "as fiduciary" or other words	21837
that indicate one's fiduciary capacity following the name or	21838
signature of a fiduciary are sufficient disclosure for purposes	21839
of this division.	21840

(B)(1) As used in this division, "partnership" includes a	21841
partnership composed of only general partners and a partnership	21842
composed of general and limited partners.	21843

(2) Subject to division (D) of this section, an executor or	21844
administrator who acquires, in a fiduciary capacity, a general	21845
partnership interest upon the death of a general partner of a	21846
partnership is not personally liable for any debt, obligation, or	21847
liability of the partnership that arises from the executor's or	21848
administrator's actions, except as provided in this division, as a	21849
general partner, or for any debt, obligation, or liability of the	21850
partnership for which the executor or administrator otherwise	21851
would be personally liable because the executor or administrator	21852
holds the general partnership interest, if the executor or	21853
administrator discloses that the general partnership interest is	21854
held by the executor or administrator in a fiduciary capacity.	21855
This immunity does not apply if an executor or administrator	21856
causes loss or injury to a person who is not a partner in the	21857
partnership by a wrongful act or omission. This immunity is not	21858
available to an executor or administrator who holds a general	21859
partnership interest in a fiduciary capacity if the spouse or any	21860
lineal descendants of the executor or administrator, or the	21861
executor or administrator other than in a fiduciary capacity,	21862
holds any interest in the partnership.	21863

A partnership certificate that is filed pursuant to Chapter	21864
1777. or another chapter of the Revised Code and that indicates	21865
that an executor or administrator holds a general partnership	21866
interest in a fiduciary capacity by the use following the name or	21867
signature of the executor or administrator of the words "executor	21868
under the will of (name of decedent)" or "administrator of the	21869
estate of (name of decedent)" or other words that indicate the	21870
executor's or administrator's fiduciary capacity constitutes a	21871
sufficient disclosure for purposes of this division.	21872

If a partnership certificate is not required to be filed	21873
pursuant to Chapter 1776. or 1777. or another chapter of the	21874
Revised Code, a sufficient disclosure for purposes of this	21875
division can be made by an executor or administrator if a	21876
certificate that satisfies the following requirements is filed	21877
with the recorder of the county in which the partnership's	21878
principal office or place of business is situated and with the	21879
recorder of each county in which the partnership owns real	21880
estate:	21881

(a) The certificate shall state in full the names of all	21882
persons holding interests in the partnership and their places of	21883
residence;	21884

(b) The certificate shall be signed by all persons who are	21885
general partners in the partnership, and shall be acknowledged by	21886
a person authorized to take acknowledgements of deeds;	21887

(c) The certificate shall use the words "executor under the	21888
will of (name of decedent)" or "administrator of the estate of	21889
(name of decedent)" or other words that indicate the executor's or	21890
administrator's fiduciary capacity, following the name or	21891
signature of the executor or administrator.	21892

A contract or other written instrument delivered to a party	21893
that contracts with the partnership in which an executor or	21894
administrator holds a general partnership interest in a fiduciary	21895
capacity, that indicates that the executor or administrator so	21896
holds the interest, constitutes a disclosure for purposes of this	21897
division with respect to transactions between the party and the	21898
partnership. If a disclosure has been made by a certificate in	21899
accordance with this division, a disclosure for purposes of this	21900
division with respect to such transactions exists regardless of	21901
whether a contract or other instrument indicates the executor or	21902
administrator holds the general partnership interest in a	21903
fiduciary capacity.	21904

If an executor or administrator acquires, in a fiduciary	21905
capacity, a general partnership interest, the decedent's estate is	21906
liable for debts, obligations, or liabilities of the partnership.	21907

(C) An estate that includes a general partnership interest is	21908
not liable for the debts, obligations, or liabilities of a	21909
partnership in which another estate has a general partnership	21910
interest, merely because the executor or administrator of the	21911
estates holds a general partnership interest in both of the	21912
partnerships in the executor's or administrator's fiduciary	21913
capacities.	21914

(D) Divisions (B) and (C) of this section apply to general	21915
partnership interests held by executors or administrators in their	21916
fiduciary capacities prior to and on or after March 22, 1984. If	21917
an appropriate disclosure is made pursuant to division (B) of	21918
this section, the immunity acquired under that division extends	21919
only to debts, obligations, and liabilities of the partnership	21920
arising on and after the date of the disclosure and to debts,	21921
obligations, and liabilities of the partnership that arose prior	21922
to the acquisition of the general partnership interest by the	21923
executor or administrator becoming a general partner.	21924

(E) The liability limitations in this section apply to	21925
fiduciaries as partners notwithstanding the broader personal	21926
liabilities otherwise imposed by any partnership law.	21927

(F) If an estate or other fund held by a fiduciary is	21928
identified as a partner, the reference is deemed to be to, and the	21929
partner is, the current executor, administrator, or other	21930
fiduciary of the estate or other fund and their successors as	21931
executors, administrators, or other fiduciaries.	21932

Section 2. That existing sections 9.239, 9.55, 101.37,	21933
101.39, 109.57, 109.572, 109.71, 109.77, 109.86, 121.02, 121.03,	21934
121.32, 121.36, 121.37, 123.01, 124.11, 124.27, 124.381, 125.602,	21935
125.603, 126.32, 127.16, 140.01, 140.03, 140.05, 145.012, 154.17,	21936
154.20, 173.03, 2108.521, 2109.01, 2109.04, 2111.01, 2111.02,	21937
2111.10, 2133.25, 2151.011, 2151.421, 2903.33, 2919.271, 2921.36,	21938
2921.38, 2930.061, 2935.03, 2945.37, 2945.371, 2945.38, 2945.39,	21939
2945.40, 2945.401, 2967.22, 3301.15, 3304.231, 3313.65, 3313.715,	21940
3323.01, 3323.021, 3323.03, 3323.04, 3323.07, 3323.09, 3323.091,	21941
3323.141, 3323.31, 3501.01, 3701.78, 3705.36, 3721.01, 3721.14,	21942
3722.01, 3727.01, 3735.58, 4115.32, 4723.071, 5101.35, 5101.46,	21943
5103.02, 5103.13, 5104.08, 5107.24, 5111.042, 5111.151, 5111.202,	21944
5111.203, 5111.211, 5111.251, 5111.291, 5111.65, 5111.677,	21945
5111.709, 5111.87, 5111.871, 5111.872, 5111.873, 5111.874,	21946
5111.875, 5111.876, 5111.8710, 5111.915, 5112.30, 5112.32,	21947
5112.37, 5112.371, 5119.16, 5119.221, 5119.51, 5120.135, 5121.01,	21948
5121.02, 5121.03, 5121.04, 5121.05, 5121.051, 5121.06, 5121.061,	21949
5121.07, 5121.08, 5121.09, 5121.10, 5121.11, 5121.12, 5123.01,	21950
5123.012, 5123.02, 5123.021, 5123.03, 5123.031, 5123.032,	21951
5123.033, 5123.04, 5123.042, 5123.043, 5123.044, 5123.046,	21952
5123.047, 5123.048, 5123.049, 5123.0410, 5123.0411, 5123.0412,	21953
5123.0413, 5123.0414, 5123.0415, 5123.0416, 5123.0417, 5123.05,	21954
5123.051, 5123.06, 5123.07, 5123.08, 5123.081, 5123.082, 5123.083,	21955
5123.09, 5123.091, 5123.092, 5123.093, 5123.10, 5123.11, 5123.12,	21956
5123.122, 5123.13, 5123.14, 5123.15, 5123.16, 5123.161, 5123.162,	21957
5123.163, 5123.164, 5123.166, 5123.167, 5123.168, 5123.169,	21958
5123.17, 5123.171, 5123.172, 5123.18, 5123.181, 5123.19, 5123.191,	21959
5123.194, 5123.195, 5123.196, 5123.198, 5123.21, 5123.211,	21960
5123.22, 5123.221, 5123.23, 5123.24, 5123.25, 5123.26, 5123.27,	21961
5123.28, 5123.29, 5123.30, 5123.31, 5123.33, 5123.34, 5123.35,	21962
5123.351, 5123.352, 5123.36, 5123.37, 5123.371, 5123.372,	21963
5123.373, 5123.374, 5123.375, 5123.38, 5123.40, 5123.41, 5123.42,	21964
5123.421, 5123.43, 5123.44, 5123.45, 5123.451, 5123.47, 5123.50,	21965
5123.51, 5123.52, 5123.53, 5123.54, 5123.541, 5123.542, 5123.55,	21966
5123.56, 5123.57, 5123.58, 5123.59, 5123.60, 5123.601, 5123.604,	21967
5123.61, 5123.611, 5123.612, 5123.613, 5123.614, 5123.63, 5123.64,	21968
5123.65, 5123.71, 5123.711, 5123.72, 5123.73, 5123.75, 5123.76,	21969
5123.801, 5123.81, 5123.811, 5123.82, 5123.85, 5123.86, 5123.89,	21970
5123.90, 5123.96, 5126.01, 5126.026, 5126.0210, 5126.0217,	21971
5126.0221, 5126.0223, 5126.0226, 5126.033, 5126.04, 5126.041,	21972
5126.042, 5126.044, 5126.045, 5126.046, 5126.05, 5126.051,	21973
5126.054, 5126.055, 5126.056, 5126.0510, 5126.0511, 5126.071,	21974
5126.08, 5126.081, 5126.082, 5126.10, 5126.11, 5126.12, 5126.121,	21975
5126.13, 5126.15, 5126.18, 5126.19, 5126.22, 5126.24, 5126.25,	21976
5126.251, 5126.252, 5126.27, 5126.28, 5126.281, 5126.29, 5126.31,	21977
5126.311, 5126.313, 5126.333, 5126.34, 5126.40, 5126.42, 5126.43,	21978
5139.08, 5139.34, 5145.18, 5153.16, 5511.03, 5815.28, and 5815.35	21979
and section 5123.011 of the Revised Code as it results from Am.	21980
Sub. S.B. 156 of the 119th General Assembly are hereby repealed.	21981

Section 3. That Sections 213.30, 293.30, 309.31.60,	21982
309.31.70, 335.40.10, 337.10, 337.20.10, 337.30.10, 337.30.20,	21983
337.30.30, 337.30.40, 337.30.60, 337.30.70, 337.30.80, 337.40.10,	21984
and 337.40.30 of Am. Sub. H.B. 119 of the 127th General Assembly	21985
be amended to read as follows:	21986

Sec. 213.30. UNIFIED LONG-TERM CARE BUDGET WORKGROUP

21987

(A) There is hereby created the Unified Long-Term Care Budget	21988
Workgroup. The Workgroup shall consist of the following members:	21989

(1) The Director of Aging;

21990

(2) Consumer advocates, representatives of the provider	21991
community, and state policy makers, appointed by the Governor;	21992

(3) Two members of the House of Representatives, one member	21993
from the majority party and one member from the minority party,	21994
appointed by the Speaker of the House of Representatives;	21995

(4) Two members of the Senate, one member from the majority	21996
party and one member from the minority party, appointed by the	21997
President of the Senate.	21998

The Director of Aging shall serve as the chairperson of the	21999
Workgroup.	22000

(B) The Workgroup shall develop a unified long-term care	22001
budget that facilitates the following:	22002

(1) Providing a consumer a choice of services that meet the	22003
consumer's health care needs and improve the consumer's quality of	22004
life;	22005

(2) Providing a continuum of services that meet the needs of	22006
a consumer throughout life;	22007

(3) Consolidating policymaking authority and the associated	22008
budgets in a single entity to simplify the consumer's decision	22009
making and maximize the state's flexibility in meeting the	22010
consumer's needs;	22011

(4) Assuring the state has a system that is cost effective	22012
and links disparate services across agencies and jurisdictions.	22013

(C) The Workgroup shall submit a written implementation plan	22014
to the Governor, the Speaker of the House of Representatives, the	22015
Minority Leader of the House of Representatives, the President of	22016
the Senate, the Minority Leader of the Senate, and the members of	22017
the Joint Legislative Committee on Medicaid Technology and Reform	22018
not later than June 1, 2008. The plan shall incorporate the	22019
following:	22020

(1) Recommendations regarding the structure of the unified	22021
long-term care budget;	22022

(2) A plan outlining how funds can be transferred among	22023
involved agencies in a fiscally neutral manner;	22024

(3) Identification of the resources needed to implement the	22025
unified budget in a multiphase approach starting in fiscal year	22026
2009;	22027

(4) Success criteria and tools to measure progress against	22028
the success criteria.	22029

The plan shall consider the recommendations of the Medicaid	22030
Administrative Study Council and the Ohio Commission to Reform	22031
Medicaid.	22032

(D) In support of the Unified Long-Term Care Budget the	22033
following shall be established in the General Revenue Fund:	22034

(1) In the Department of Aging, 490-423, Long-Term Care	22035
Budget - State;	22036

(2) In the Department of Job and Family Services, 600-435,	22037
Long-Term Care Budget - State;	22038

(3) In the Department of ~~Mental Retardation and~~ Developmental	22039
Disabilities, 322-406, Long-Term Care Budget - State;	22040

(4) In the Department of Mental Health, 335-411, Long-Term	22041
Care Budget - State.	22042

(E) On an annual basis, the Directors of Aging and Budget and	22043
Management shall submit a written report to the Speaker of the	22044
House of Representatives, the Minority Leader of the House of	22045
Representatives, the President of the Senate, the Minority Leader	22046
of the Senate, and the members of the Joint Legislative Committee	22047
on Medicaid Technology and Reform describing the progress towards	22048
establishing, or if already established, the effectiveness of the	22049
unified long-term care budget.	22050

(F) When the Governor creates the administration described in	22051
section 309.30.03 of this act for the Medicaid program, the	22052
Director of Budget and Management may do all of the following in	22053
support of the Workgroup's proposal:	22054

(1) Transfer funds and appropriations currently appropriated	22055
to pay for Medicaid services to any appropriation item referenced	22056
in division (D) of this section;	22057

(2) Transfer funds between appropriation items referenced in	22058
division (D) of this section;	22059

(3) Develop a reporting mechanism to transparently show how	22060
the funds are being transferred and expended.	22061

The Director shall obtain Controlling Board approval before	22062
transferring funds or appropriations under division (F) of this	22063
section.	22064

(G) Before a proposal for a unified long-term care budget may	22065
be implemented, the Joint Legislative Committee on Medicaid	22066
Technology and Reform shall approve implementation of the proposal	22067
and submit the Committee's approval to the Governor.	22068

Sec. 293.30. ABSTINENCE AND ADOPTION EDUCATION

22069

The foregoing appropriation item 440-425, Abstinence and	22070
Adoption Education, shall be used for abstinence and adoption	22071
education. The Director of Health shall develop guidelines for	22072
the establishment of abstinence and adoption education programs	22073
for teenagers with the purpose of decreasing unplanned	22074
pregnancies and abortion.	22075

HEALTHY OHIO

22076

Of the foregoing appropriation item 440-437, Healthy Ohio,	22077
$100,000 in each fiscal year shall be allocated to the Center for	22078
Closing Health Gaps to help with disparities in minority health.	22079

Of the foregoing appropriation item 440-437, Healthy Ohio,	22080
$500,000 in each fiscal year shall be used to support	22081
evidence-based programs for diabetes management and prevention,	22082
utilizing proven behavior change strategies leading to improved	22083
levels of routine physical activity and healthy eating habits. The	22084
program shall provide screening for diabetes, and for those	22085
determined to be at highest risk for diabetes, education on	22086
diabetes, diabetes management, physical activity and eating	22087
habits, and opportunities for monitored physical activity for	22088
adults and families. Grants shall be provided to, but not limited	22089
to, the Ohio YMCA State Alliance in collaboration with other	22090
community organizations. Each program shall include post program	22091
measurements, including, but not limited to, blood sugar testing,	22092
participant satisfaction surveys, and participant retention.	22093

BREAST AND CERVICAL CANCER SCREENING

22094

The foregoing appropriation item 440-438, Breast and Cervical	22095
Cancer Screening, may be used for breast and cervical cancer	22096
screenings and services as permitted under the National Breast and	22097
Cervical Cancer Early Detection Project.	22098

HIV/AIDS PREVENTION/TREATMENT

22099

Of the foregoing appropriation item 440-444, AIDS Prevention	22100
and Treatment, not more than $6.7 million in each fiscal year	22101
shall be used to assist persons with HIV/AIDS in acquiring	22102
HIV-related medications.	22103

INFECTIOUS DISEASE PREVENTION

22104

The foregoing appropriation item 440-446, Infectious Disease	22105
Prevention, shall be used for the purchase of drugs for sexually	22106
transmitted diseases.	22107

HELP ME GROW

22108

Of the foregoing appropriation item 440-459, Help Me Grow,	22109
$10,423,397 in fiscal year 2008 and $13,741,847 in fiscal year	22110
2009 shall be used by the Department of Health to distribute	22111
subsidies to counties to implement the Help Me Grow Program.	22112
Appropriation item 440-459, Help Me Grow, may be used in	22113
conjunction with Temporary Assistance for Needy Families from the	22114
Department of Job and Family Services, Early Intervention funding	22115
from the Department of ~~Mental Retardation and~~ Developmental	22116
Disabilities, and in conjunction with other early childhood funds	22117
and services to promote the optimal development of young children.	22118
Local contracts shall be developed between local departments of	22119
job and family services and family and children first councils for	22120
the administration of TANF funding for the Help Me Grow Program.	22121
The Department of Health shall enter into an interagency agreement	22122
with the Department of Education, Department of ~~Mental Retardation~~	22123
~~and~~ Developmental Disabilities, Department of Job and Family	22124
Services, and Department of Mental Health to ensure that all early	22125
childhood programs and initiatives are coordinated and school	22126
linked.	22127

Of the foregoing appropriation item 440-459, Help Me Grow,	22128
$500,000 in fiscal year 2008 and $300,000 in fiscal year 2009	22129
shall be used for the establishment of the Autism Diagnosis	22130
Education Pilot Program. Not later than December 31, 2008, the	22131
Director of Health shall compile and submit to the Governor and	22132
the General Assembly a written report describing the action taken	22133
under the Autism Diagnosis Education Pilot Program since the	22134
effective date of this section. Not later than December 31, 2009,	22135
the Director shall compile and submit to the Governor and the	22136
General Assembly a written report describing the action taken	22137
under the Pilot Program since December 31, 2008.	22138

TARGETED HEALTH CARE SERVICES OVER 21

22139

In each fiscal year, of the foregoing appropriation item	22140
440-507, Targeted Health Care Services Over 21, $731,023 shall be	22141
used to administer the cystic fibrosis program and implement the	22142
Hemophilia Insurance Premium Payment Program. These funds also may	22143
be used, to the extent that funding is available, to provide up to	22144
18 in-patient hospital days for participants in the cystic	22145
fibrosis program. The Department shall expend all of these	22146
earmarked funds.	22147

Of the foregoing appropriation item 440-507, Targeted Health	22148
Care Services Over 21, $900,000 in each fiscal year shall be used	22149
to provide essential medications and to pay the copayments for	22150
drugs approved by the Department of Health and covered by Medicare	22151
Part D that are dispensed to Bureau for Children with Medical	22152
Handicaps (BCMH) participants for the cystic fibrosis program.	22153
These funds also may be used, to the extent that funding is	22154
available, to provide up to 18 in-patient hospital days for	22155
participants in the cystic fibrosis program. The Department shall	22156
expend all of these earmarked funds.	22157

UNCOMPENSATED CARE AND EMERGENCY MEDICAL

22158

The foregoing appropriation item 440-511, Uncompensated Care	22159
and Emergency Medical Assistance, shall be used to fund programs	22160
that provide health care without ability to pay. This is not an	22161
entitlement program and services are offered only to the extent	22162
that funding is available.	22163

MATERNAL CHILD HEALTH BLOCK GRANT

22164

Of the foregoing appropriation item 440-601, Maternal Child	22165
Health Block Grant (Fund 320), $2,091,299 shall be used in each	22166
fiscal year for the purposes of abstinence and adoption education.	22167
The Director of Health shall develop guidelines for the	22168
establishment of abstinence and adoption education programs for	22169
teenagers with the purpose of decreasing unplanned pregnancies and	22170
abortion.	22171

GENETICS SERVICES

22172

The foregoing appropriation item 440-608, Genetics Services	22173
(Fund 4D6), shall be used by the Department of Health to	22174
administer programs authorized by sections 3701.501 and 3701.502	22175
of the Revised Code. None of these funds shall be used to counsel	22176
or refer for abortion, except in the case of a medical emergency.	22177

FEE SUPPORTED PROGRAMS

22178

Of the foregoing appropriation item 440-647, Fee Supported	22179
Programs (Fund 470), $50,000 in fiscal year 2008 shall be used by	22180
the Department to make hospital performance information available	22181
on a web site as required in section 3727.391 of the Revised	22182
Code.	22183

MEDICALLY HANDICAPPED CHILDREN AUDIT

22184

The Medically Handicapped Children Audit Fund (Fund 477)	22185
shall receive revenue from audits of hospitals and recoveries from	22186
third-party payers. Moneys may be expended for payment of audit	22187
settlements and for costs directly related to obtaining recoveries	22188
from third-party payers and for encouraging Medically Handicapped	22189
Children's Program recipients to apply for third-party benefits.	22190
Moneys also may be expended for payments for diagnostic and	22191
treatment services on behalf of medically handicapped children, as	22192
defined in division (A) of section 3701.022 of the Revised Code,	22193
and Ohio residents who are twenty-one or more years of age and who	22194
are suffering from cystic fibrosis or hemophilia. Moneys may also	22195
be expended for administrative expenses incurred in operating the	22196
Medically Handicapped Children's Program.	22197

TRANSFER FROM STATE FIRE MARSHAL'S FUND (FUND 546) TO THE	22198
POISON CONTROL FUND (FUND 5CB) IN THE DEPARTMENT OF HEALTH	22199

Notwithstanding section 3737.71 of the Revised Code, on July	22200
1, 2007, or as soon as possible thereafter, the Director of Budget	22201
and Management shall transfer $150,000 cash from the State Fire	22202
Marshal's Fund (Fund 546) in the Department of Commerce to the	22203
Poison Control Fund (Fund 5CB) in the Department of Health.	22204
Notwithstanding section 3737.71 of the Revised Code, on July 1,	22205
2008, or as soon as possible thereafter, the Director of Budget	22206
and Management shall transfer $150,000 cash from the State Fire	22207
Marshal's Fund (Fund 546) in the Department of Commerce to the	22208
Poison Control Fund (Fund 5CB) in the Department of Health.	22209

POISON CONTROL CENTERS

22210

Of the foregoing appropriation item 440-640, Poison Control	22211
Centers, in each fiscal year, the poison control centers in the	22212
municipal corporations of Cleveland, Cincinnati, and Columbus	22213
shall each receive an allocation of $50,000.	22214

SEWAGE TREATMENT SYSTEM INNOVATION

22215

Any revenues deposited to the credit of the Sewage Treatment	22216
System Innovation Fund (Fund 5CJ) in accordance with Section	22217
120.02 of this act are hereby appropriated to appropriation item	22218
440-654, Sewage Treatment System Innovation, in the fiscal year in	22219
which the revenues are received. On July 1, 2008, or as soon as	22220
possible thereafter, the Department of Health shall certify to the	22221
Director of Budget and Management the total fiscal year 2008	22222
unencumbered appropriations in appropriation item 440-654, Sewage	22223
Treatment System Innovation. The Department of Health may direct	22224
the Director of Budget and Management to transfer an amount not to	22225
exceed the total fiscal year 2008 unencumbered appropriations to	22226
fiscal year 2009 for use in appropriation item 440-654, Sewage	22227
Treatment System Innovation. Additional appropriation authority	22228
equal to the amount certified by the Department of Health is	22229
hereby appropriated to appropriation item 440-654, Sewage	22230
Treatment System Innovation, in fiscal year 2009.	22231

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	22232
PERMIT FUND	22233

The Director of Budget and Management, pursuant to a plan	22234
submitted by the Department of Health, or as otherwise determined	22235
by the Director of Budget and Management, shall set a schedule to	22236
transfer cash from the Liquor Control Fund (Fund 043) to the	22237
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating	22238
needs of the Alcohol Testing and Permit program.	22239

The Director of Budget and Management shall transfer to the	22240
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control	22241
Fund (Fund 043) created in section 4301.12 of the Revised Code	22242
such amounts at such times as determined by the transfer schedule.	22243

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

22244

The foregoing appropriation item 440-607, Medically	22245
Handicapped Children - County Assessments (Fund 666), shall be	22246
used to make payments under division (E) of section 3701.023 of	22247
the Revised Code.	22248

Sec. 309.31.60. TRANSFER OF FUNDS TO THE DEPARTMENT OF	22249
~~MENTAL RETARDATION AND~~ DEVELOPMENTAL DISABILITIES	22250

The Department of Job and Family Services shall transfer,	22251
through intrastate transfer vouchers, cash from Fund 4K1, ICF/MR	22252
Bed Assessments, to Fund 4K8, Home and Community-Based Services,	22253
in the Department of ~~Mental Retardation and~~ Developmental	22254
Disabilities. The amount transferred shall equal $12,000,000 in	22255
each fiscal year. The transfer may occur on a quarterly basis or	22256
on a schedule developed and agreed to by both departments.	22257

Sec. 309.31.70. FUNDING FOR TRANSITION WAIVER SERVICES

22258

Notwithstanding any limitations contained in sections 5112.31	22259
and 5112.37 of the Revised Code, in each fiscal year, cash from	22260
Fund 4K1, ICF/MR Bed Assessments, in excess of the amounts needed	22261
for transfers to Fund 4K8, Home and Community-Based Services, in	22262
the Department of ~~Mental Retardation and~~ Developmental	22263
Disabilities, may be used by the Department of Job and Family	22264
Services to cover costs of care provided to participants in a	22265
waiver with an ICF/MR level of care requirement administered by	22266
the Department of Job and Family Services.	22267

Sec. 335.40.10. BEHAVIORAL HEALTH SERVICES - CHILDREN

22268

The foregoing appropriation item 335-404, Behavioral Health	22269
Services-Children, shall be used to provide behavioral health	22270
services for children and their families. Behavioral health	22271
services include mental health and alcohol and other drug	22272
treatment services and other necessary supports.	22273

Of the foregoing appropriation item 335-404, Behavioral	22274
Health Services-Children, an amount up to $4.5 million in fiscal	22275
year 2008 and $5.5 million in fiscal year 2009 shall be	22276
distributed to local Alcohol, Drug Addiction, and Mental Health	22277
Boards; Community Mental Health Boards; and Alcohol and Drug	22278
Addiction Boards, based upon a distribution formula and guidance	22279
defined by a team of state and local stakeholders appointed by the	22280
Ohio Family and Children First Cabinet Council. This team shall	22281
include, but not be limited to, all of the following:	22282

(A) At least one representative from each of the Departments	22283
of Alcohol and Drug Addiction Services, Mental Health, Education,	22284
Health, Job and Family Services, ~~Mental Retardation and~~	22285
Developmental Disabilities, and the Department of Youth Services;	22286

(B) At least one person representing local public children's	22287
services agencies;	22288

22289

(D) At least one person representing local Alcohol, Drug	22290
Addiction, and Mental Health Boards; Community Mental Health	22291
Boards; and Alcohol and Drug Addiction Boards;	22292

(E) At least one person representing local Family and	22293
Children First Council Coordinators;	22294

(F) At least one family representative.

22295

Funds may be used to support the following services and	22296
activities as determined by local Alcohol, Drug Addiction, and	22297
Mental Health Boards; Community Mental Health Boards; and Alcohol	22298
and Drug Addiction Boards and local family and children first	22299
councils and aligned with county service coordination mechanism as	22300
described in division (C) of section 121.37 of the Revised Code:	22301

(A) Mental health services provided by the Ohio Department of	22302
Mental Health certified agencies and alcohol and other drug	22303
services provided by Department of Alcohol and Drug Addiction	22304
Services certified agencies;	22305

(B) Services and supports for children and their families	22306
that further the implementation of their individual service plans;	22307

(C) Treatment services in out-of-home settings, including	22308
residential facilities, when other alternatives are not available	22309
or feasible;	22310

(D) Administrative support for efforts associated with this	22311
initiative;	22312

(E) These funds shall not be used to supplant existing	22313
efforts.	22314

Of the foregoing appropriation item 335-404, Behavioral	22315
Health Services-Children, an amount up to $1.0 million in fiscal	22316
year 2008 and $1.0 million in fiscal year 2009 shall be used to	22317
support projects, as determined by the Ohio Family and Children	22318
First Cabinet Council, in select areas around the state to focus	22319
on improving behavioral health juvenile justice services.	22320

Of the foregoing appropriation item 335-405, Family &	22321
Children First, an amount up to $500,000 in fiscal year 2008 and	22322
$500,000 in fiscal year 2009 shall be used for children for whom	22323
the primary focus of treatment is not a mental health or alcohol	22324
or drug addiction disorder and require services or supports to	22325
assist those needs through the County Family and Children First	22326
Council.	22327

Of the foregoing appropriation item 335-404, Behavioral	22328
Health Services – Children, an amount up to $500,000 in each	22329
fiscal year shall be used to provide behavioral health treatment	22330
services for children from birth to age seven.	22331

Sec. 337.10. ~~DMR~~DDD DEPARTMENT OF ~~MENTAL RETARDATION AND~~	22332
DEVELOPMENTAL DISABILITIES	22333

Sec. 337.20.10. LEASE-RENTAL PAYMENTS

22334

The foregoing appropriation item 320-415, Lease-Rental	22335
Payments, shall be used to meet all payments at the time they are	22336
required to be made during the period from July 1, 2007, to June	22337
30, 2009, by the Department of ~~Mental Retardation and~~	22338
Developmental Disabilities under leases and agreements made under	22339
section 154.20 of the Revised Code. These appropriations are the	22340
source of funds pledged for bond service charges or obligations	22341
issued pursuant to Chapter 154. of the Revised Code.	22342

Sec. 337.30.10. RESIDENTIAL AND SUPPORT SERVICES

22343

The Department of ~~Mental Retardation and~~ Developmental	22344
Disabilities may designate a portion of appropriation item	22345
322-413, Residential and Support Services, for Sermak Class	22346
Services used to implement the requirements of the agreement	22347
settling the ~~condecree~~consent decree in Sermak v. Manuel, Case	22348
No. c-2-80-220, United States District Court for the Southern	22349
District of Ohio, Eastern Division.	22350

Sec. 337.30.20. OTHER RESIDENTIAL AND SUPPORT SERVICE	22351
PROGRAMS	22352

Notwithstanding Chapters 5123. and 5126. of the Revised Code,	22353
the Department of ~~Mental Retardation and~~ Developmental	22354
Disabilities may develop residential and support service programs	22355
funded by appropriation item 322-413, Residential and Support	22356
Services, and the appropriation for supported living in	22357
appropriation item 322-501, County Board Subsidy, that enable	22358
persons with mental retardation and developmental disabilities to	22359
live in the community. Notwithstanding Chapter 5121. and section	22360
5123.122 of the Revised Code, the Department may waive the support	22361
collection requirements of those statutes for persons in community	22362
programs developed by the Department under this section. The	22363
Department shall adopt rules under Chapter 119. of the Revised	22364
Code or may use existing rules for the implementation of these	22365
programs.	22366

Sec. 337.30.30. MEDICAID WAIVER - STATE MATCH (GRF)

22367

Except as otherwise provided in section 5123.0416 of the	22368
Revised Code, the purposes for which the foregoing appropriation	22369
item 322-416, Medicaid Waiver - State Match, shall be used include	22370
the following:	22371

(A) Home and community-based waiver services under Title XIX	22372
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	22373
as amended.	22374

(B) To pay the nonfederal share of the cost of one or more	22375
new intermediate care facility for the mentally retarded certified	22376
beds, if the Director of ~~Mental Retardation and~~ Developmental	22377
Disabilities is required by ~~this act~~Am. Sub. H.B. 119 of the	22378
127th General Assembly to transfer to the Director of Job and	22379
Family Services funds to pay such nonfederal share.	22380

Except as otherwise provided in section 5123.0416 of the	22381
Revised Code, the Department of ~~Mental Retardation and~~	22382
Developmental Disabilities may designate a portion of	22383
appropriation item 322-416, Medicaid Waiver - State Match, to	22384
county boards of mental retardation and developmental disabilities	22385
that have greater need for various residential and support	22386
services because of a low percentage of residential and support	22387
services development in comparison to the number of individuals	22388
with mental retardation or developmental disabilities in the	22389
county.	22390

Sec. 337.30.40. STATE SUBSIDY TO COUNTY MR/DD BOARDS

22391

Except as otherwise provided in Section 337.40.30 of ~~this~~	22392
~~act~~Am. Sub. H.B. 119 of the 127th General Assembly, the	22393
Department of ~~Mental Retardation and~~ Developmental Disabilities	22394
shall use the foregoing appropriation item 322-501, County Boards	22395
Subsidy, to pay each county board of mental retardation and	22396
developmental disabilities in each fiscal year of the biennium an	22397
amount that is equal to the amount such board received in fiscal	22398
year 2007 from former appropriation items 322-417, Supported	22399
Living; 322-452, Service and Support Administration; and 322-501,	22400
County Boards Subsidies.	22401

Except as otherwise provided in section 5126.0511 of the	22402
Revised Code, county boards shall use the subsidy for early	22403
childhood services and adult services provided under section	22404
5126.05 of the Revised Code, service and support administration	22405
provided under section 5126.15 of the Revised Code, and supported	22406
living as defined in section 5126.01 of the Revised Code.	22407

In the event that the appropriation in appropriation item	22408
322-501, County Board Subsidy, for fiscal year 2008 or fiscal year	22409
2009 is greater than the subsidy paid by the Department for fiscal	22410
year 2007 from former appropriation items 332-417, Supported	22411
Living; 322-452, Services and Support Administration; and 322-501,	22412
County Boards Subsidies, the Department and county boards shall	22413
develop a formula for allocating the additional appropriation to	22414
each county board to support priorities determined by the	22415
Department and county boards.	22416

The Department shall distribute this subsidy to county boards	22417
in quarterly installments of equal amounts. The installments shall	22418
be made not later than the thirtieth day of September, the	22419
thirty-first day of December, the thirty-first day of March, and	22420
thirtieth day of June.	22421

The Department also may use the foregoing appropriation item	22422
322-501, County Boards Subsidy, to pay the nonfederal share of the	22423
cost of one or more new intermediate care facility for the	22424
mentally retarded certified beds, if the Director of ~~Mental~~	22425
~~Retardation and~~ Developmental Disabilities is required by ~~this act~~	22426
Am. Sub. H.B. 119 of the 127th General Assembly to transfer to	22427
the Director of Job and Family Services funds to pay such	22428
nonfederal share.	22429

Sec. 337.30.60. TARGETED CASE MANAGEMENT SERVICES

22430

County boards of mental retardation and developmental	22431
disabilities shall pay the nonfederal portion of targeted case	22432
management costs to the Department of ~~Mental Retardation and~~	22433
Developmental Disabilities. The Director of ~~Mental Retardation and~~	22434
Developmental Disabilities shall withhold any amount owed to the	22435
Department from subsequent disbursements from any appropriation	22436
item or money otherwise due to a nonpaying county.	22437

The Departments of ~~Mental Retardation and~~ Developmental	22438
Disabilities and Job and Family Services may enter into an	22439
interagency agreement under which the Department of ~~Mental~~	22440
~~Retardation and~~ Developmental Disabilities shall pay the	22441
Department of Job and Family Services the nonfederal portion of	22442
the cost of targeted case management services paid by county	22443
boards and the Department of Job and Family Services shall pay the	22444
total cost of targeted case management claims.	22445

Sec. 337.30.70. TRANSFER TO PROGRAM FEE FUND

22446

On July 1, 2007, or as soon as possible thereafter, the	22447
Director of ~~Mental Retardation and~~ Developmental Disabilities	22448
shall certify to the Director of Budget and Management the amount	22449
of cash that has been deposited into Fund 4B5,	22450
Conference/Training, pursuant to sections 5123.19 and 5126.25 of	22451
the Revised Code, less the amount that has been expended from Fund	22452
4B5 to operate the Certification and Registration Program	22453
established under section 5126.25 of the Revised Code and to	22454
license and inspect residential facilities as outlined in section	22455
5123.19 of the Revised Code. The certified amount shall not	22456
include amounts deposited into Fund 4B5 for training and	22457
conferences conducted by the Department of ~~Mental Retardation and~~	22458
Developmental Disabilities. Upon receipt of the certification, the	22459
Director of Budget and Management shall transfer cash equal to the	22460
amount certified and all associated liabilities and obligations to	22461
Fund 5EV, Program Fee Fund, in the Department of ~~Mental~~	22462
~~Retardation and~~ Developmental Disabilities.	22463

Sec. 337.30.80. DEVELOPMENTAL CENTER BILLING FOR SERVICES

22464

Developmental centers of the Department of ~~Mental Retardation~~	22465
~~and~~ Developmental Disabilities may provide services to persons	22466
with mental retardation or developmental disabilities living in	22467
the community or to providers of services to these persons. The	22468
Department may develop a method for recovery of all costs	22469
associated with the provisions of these services.	22470

Sec. 337.40.10. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	22471
PHARMACY PROGRAMS	22472

The Department of ~~Mental Retardation and~~ Developmental	22473
Disabilities shall pay the Department of Job and Family Services	22474
quarterly, through intrastate transfer voucher, the nonfederal	22475
share of Medicaid prescription drug claim costs for all	22476
developmental centers paid by the Department of Job and Family	22477
Services.	22478

Sec. 337.40.30. NONFEDERAL SHARE OF NEW ICF/MR BEDS

22479

(A) As used in this section, "intermediate care facility for	22480
the mentally retarded" has the same meaning as in section 5111.20	22481
of the Revised Code.	22482

(B) If one or more new beds obtain certification as an	22483
intermediate care facility for the mentally retarded bed on or	22484
after July 1, 2007, the Director of ~~Mental Retardation and~~	22485
Developmental Disabilities shall transfer funds to the Department	22486
of Job and Family Services to pay the nonfederal share of the cost	22487
under the Medicaid Program for those beds. Except as otherwise	22488
provided in section 5123.0416 of the Revised Code, the Director	22489
shall use only the following funds for the transfer:	22490

(1) Funds appropriated to the Department of ~~Mental~~	22491
~~Retardation and~~ Developmental Disabilities in appropriation item	22492
322-416, Medicaid Waiver - State Match;	22493

(2) Funds appropriated to the Department in appropriation	22494
item 322-501, County Boards Subsidies.	22495

(C) If the beds are located in a county served by a county	22496
board of mental retardation and developmental disabilities that	22497
initiates or supports the beds' certification, the funds that the	22498
Director transfers under division (B) of this section shall be	22499
funds that the Director has allocated to the county board serving	22500
the county in which the beds are located unless the amount of the	22501
allocation is insufficient to pay the entire nonfederal share of	22502
the cost under the Medicaid Program for those beds. If the	22503
allocation is insufficient, the Director shall use as much of such	22504
funds allocated to other counties as is needed to make up the	22505
difference.	22506

Section 4. That existing Sections 213.30, 293.30, 309.31.60,	22507
309.31.70, 335.40.10, 337.10, 337.20.10, 337.30.10, 337.30.20,	22508
337.30.30, 337.30.40, 337.30.60, 337.30.70, 337.30.80, 337.40.10,	22509
and 337.40.30 of Am. Sub. H.B. 119 of the 127th General Assembly	22510
are hereby repealed.	22511

Section 5. That Sections 337.30.43, 337.40, and 337.40.15 of	22512
Am. Sub. H.B. 119 of the 127th General Assembly, as amended by Am.	22513
Sub. H.B. 562 of the 127th General Assembly, be amended to read as	22514
follows:	22515

Sec. 337.30.43. TAX EQUITY

22516

Notwithstanding section 5126.18 of the Revised Code, for	22517
fiscal year 2009, if the Department of ~~Mental Retardation and~~	22518
Developmental Disabilities determines that sufficient funds are	22519
available, the Department shall use the foregoing appropriation	22520
item 322-503, Tax Equity, to pay each county board of mental	22521
retardation and developmental disabilities an amount that is	22522
equal to the amount the board received for fiscal year 2008. If	22523
the Department determines that there are not sufficient funds	22524
available in the appropriation item for this purpose, the	22525
Department shall pay to each county board an amount that is	22526
proportionate to the amount the board received for fiscal year	22527
2008. Proportionality shall be determined by dividing the total	22528
tax equity payments distributed to county boards for fiscal year	22529
2008 by the tax equity payment a county board received for fiscal	22530
year 2008.	22531

Sec. 337.40. RESIDENTIAL FACILITIES

22532

General Revenue Fund	22533

GRF	323-321		Developmental Center and Residential Facilities Operation Expenses		$	102,796,851		$	102,796,851		22534
TOTAL GRF General Revenue Fund					$	102,796,851		$	102,796,851		22535

General Services Fund Group	22536

152	323-609	Developmental Center and Residential Operating Services	$	912,177	$	912,177	22537
TOTAL GSF General Services							22538
Fund Group			$	912,177	$	912,177	22539

Federal Special Revenue Fund Group	22540

3A4	323-605	Developmental Center and Residential Facility Services and Support	$	136,299,536	$	137,555,308	22541
TOTAL FED Federal Special Revenue							22542
Fund Group			$	136,299,536	$	137,555,308	22543

State Special Revenue Fund Group	22544

221	322-620	Supplement Service Trust	$	150,000	$	150,000	22545
489	323-632	Developmental Center Direct Care Support	$	14,543,764	$	14,671,616	22546
TOTAL SSR State Special Revenue							22547
Fund Group			$	14,693,764	$	14,821,616	22548
TOTAL ALL RESIDENTIAL FACILITIES							22549
BUDGET FUND GROUPS			$	254,702,328	$	256,085,952	22550

DEPARTMENT TOTAL					22551
GENERAL REVENUE FUND	$	369,669,156	$	389,282,941	22552
DEPARTMENT TOTAL					22553
GENERAL SERVICES FUND GROUP	$	1,172,177	$	1,022,177	22554
DEPARTMENT TOTAL					22555
FEDERAL SPECIAL REVENUE FUND GROUP	$	610,780,538	$	658,082,406	22556
DEPARTMENT TOTAL					22557
STATE SPECIAL REVENUE FUND GROUP	$	192,359,213	$	205,307,651	22558
TOTAL DEPARTMENT OF ~~MENTAL~~					22559
~~RETARDATION AND~~ DEVELOPMENTAL					22560
DISABILITIES	$	1,173,981,084	$	1,253,695,175	22561

Sec. 337.40.15. GALLIPOLIS DEVELOPMENTAL CENTER PILOT	22563
PROGRAM	22564

The Director of ~~Mental Retardation and~~ Developmental	22565
Disabilities shall establish a pilot program during calendar year	22566
2009 under which the Gallipolis Developmental Center operates an	22567
intermediate care facility for the mentally retarded with eight	22568
beds at a site separate from the grounds of the developmental	22569
center. The Gallipolis Developmental Center may operate the	22570
intermediate care facility for the mentally retarded	22571
notwithstanding section 5123.196 of the Revised Code. Money shall	22572
be expended on the pilot program beginning in the first half of	22573
calendar year 2009.	22574

The Director of ~~Mental Retardation and~~ Developmental	22575
Disabilities and the Director of Job and Family Services shall	22576
provide the Gallipolis Developmental Center technical assistance	22577
regarding the pilot program.	22578

The Director of ~~Mental Retardation and~~ Developmental	22579
Disabilities shall conduct an evaluation of the pilot program,	22580
including an evaluation of the quality and effectiveness of the	22581
services the Gallipolis Developmental Center provides under the	22582
pilot program. The Director shall submit a report of the	22583
evaluation to the Governor and the General Assembly not later	22584
than April 1, 2010. The Director shall include in the report	22585
recommendations regarding the continuation of the pilot program	22586
and whether other developmental centers should be permitted to	22587
establish and operate intermediate care facilities for the	22588
mentally retarded at sites separate from the grounds of the	22589
developmental centers.	22590

Section 6. That existing Sections 337.30.43, 337.40, and	22591
337.40.15 of Am. Sub. H.B. 119 of the 127th General Assembly, as	22592
amended by Am. Sub. H.B. 562 of the 127th General Assembly, are	22593
hereby repealed.	22594

Section 7. That Sections 201.60.30, 209.60.40, 209.60.50, and	22595
501.40 of H.B. 496 of the 127th General Assembly be amended to	22596
read as follows:	22597

Reappropriations

Sec. 201.60.30. ~~DMR~~DDD DEPARTMENT OF ~~MENTAL RETARDATION AND~~	22598
DEVELOPMENTAL DISABILITIES	22599

STATEWIDE PROJECTS	22600

C59000	Asbestos Abatement	$	999,637	22601
C59004	Community Assistance Projects	$	1,202,040	22602
C59019	North Olmsted Welcome House	$	100,000	22603
C59020	Kamp Dovetail Project at Rocky Fork Lake State Park	$	100,000	22604
C59022	Razing of Buildings	$	80,595	22605
C59024	Telecommunications Systems Improvement	$	774,454	22606
C59029	Emergency Generator Replacement	$	1,049,606	22607
C59034	Statewide Developmental Centers	$	5,479,662	22608
C59050	Emergency Improvements	$	634,970	22609
Total Statewide and Central Office Projects		$	10,420,964	22610

COMMUNITY ASSISTANCE PROJECTS

22611

The foregoing appropriation item C59004, Community Assistance	22612
Projects, may be used to provide community assistance funds for	22613
the construction or renovation of facilities for day programs or	22614
residential programs that provide services to persons eligible for	22615
services from the Department of ~~Mental Retardation and~~	22616
Developmental Disabilities or county boards of mental retardation	22617
and developmental disabilities. Any funds provided to nonprofit	22618
agencies for the construction or renovation of facilities for	22619
persons eligible for services from the Department of ~~Mental~~	22620
~~Retardation and~~ Developmental Disabilities and county boards of	22621
mental retardation and developmental disabilities are subject to	22622
the prevailing wage provisions in section 176.05 of the Revised	22623
Code.	22624

Notwithstanding any other provision of law to the contrary,	22625
of the foregoing appropriation item C59004, Community Assistance	22626
Projects, $75,000 shall be used for the Hanson Home.	22627

STATEWIDE DEVELOPMENTAL CENTERS	22628

CAMBRIDGE DEVELOPMENTAL CENTER	22629

C59005	Residential Renovations - CAMDC	$	41,398	22630
C59023	HVAC Renovations - Residential Buildings	$	1,000	22631
C59025	Cambridge HVAC Upgrade - Activity Center	$	3,538	22632
C59046	Utility Upgrade Centerwide	$	5,960	22633
Total Cambridge Developmental Center		$	51,896	22634

COLUMBUS DEVELOPMENTAL CENTER	22635

C59036		Columbus Developmental Center		$	8,162		22636
Total Columbus Developmental Center				$	8,162		22637

GALLIPOLIS DEVELOPMENTAL CENTER	22638

C59027	HVAC Replacements	$	4,873	22639
C59037	Gallipolis Developmental Center	$	21,849	22640
Total Gallipolis Developmental Center		$	26,722	22641

MONTGOMERY DEVELOPMENTAL CENTER	22642

C59038		Montgomery Developmental Center		$	43,634		22643
Total Montgomery Developmental Center				$	43,634		22644

MOUNT VERNON DEVELOPMENTAL CENTER	22645

C59039		Mount Vernon Developmental Center		$	160,353		22646
Total Mount Vernon Developmental Center				$	160,353		22647

NORTHWEST OHIO DEVELOPMENTAL CENTER	22648

C59030	Replace Chiller	$	8,535	22649
C59040	Northwest Ohio Developmental Center	$	11,171	22650
Total Northwest Ohio Developmental Center		$	19,706	22651

SOUTHWEST OHIO DEVELOPMENTAL CENTER	22652

C59016	Residential Renovation - HVAC Upgrade	$	23,075	22653
C59041	Southwest Ohio Developmental Center	$	14,566	22654
C59048	Renovation Program and Support Services Building	$	3,900	22655
Total Southwest Ohio Developmental Center		$	41,541	22656

TIFFIN DEVELOPMENTAL CENTER	22657

C59026	Roof and Exterior Renovations	$	19,666	22658
C59043	Tiffin Developmental Center	$	20,696	22659
Total Tiffin Developmental Center		$	40,362	22660

WARRENSVILLE DEVELOPMENTAL CENTER	22661

C59017	Residential Renovations - WDC	$	5,057	22662
C59021	Water Line Replacement - WDC	$	16,267	22663
C59031	ADA Compliance - WDC	$	3,628	22664
C59044	Warrensville Developmental Center	$	29,860	22665
Total Warrensville Developmental Center		$	54,812	22666

YOUNGSTOWN DEVELOPMENTAL CENTER	22667

C59045		Youngstown Developmental Center		$	24,400		22668
Total Youngstown Developmental Center				$	24,400		22669

TOTAL Department of ~~Mental Retardation~~			22670
~~and~~ Developmental Disabilities	$	10,892,552	22671
TOTAL Mental Health Facilities Improvement Fund	$	43,684,415	22672

Sec. 209.60.40. The foregoing appropriations for the	22674
Department of Alcohol and Drug Addiction Services, C03801,	22675
Community Assistance Projects; Department of Mental Health,	22676
C58001, Community Assistance Projects; and Department of ~~Mental~~	22677
~~Retardation and~~ Developmental Disabilities, C59004, Community	22678
Assistance Projects, may be used on facilities constructed or to	22679
be constructed pursuant to Chapter 340., 3793., 5119., 5123., or	22680
5126. of the Revised Code or the authority granted by section	22681
154.20 of the Revised Code and the rules adopted pursuant to those	22682
chapters and that section and shall be distributed by the	22683
Department of Alcohol and Drug Addiction Services, the Department	22684
of Mental Health, and the Department of ~~Mental Retardation and~~	22685
Developmental Disabilities, subject to Controlling Board approval.	22686

Sec. 209.60.50. (A) No capital improvement appropriations	22687
made in Sections 201.60 and 201.60.10 to 201.60.40 of ~~this act~~	22688
H.B. 496 of the 127th General Assembly shall be released for	22689
planning or for improvement, renovation, or construction or	22690
acquisition of capital facilities if a governmental agency, as	22691
defined in section 154.01 of the Revised Code, does not own the	22692
real property that constitutes the capital facilities or on which	22693
the capital facilities are or will be located. This restriction	22694
does not apply in any of the following circumstances:	22695

(1) The governmental agency has a long-term (at least fifteen	22696
years) lease of, or other interest (such as an easement) in, the	22697
real property.	22698

(2) In the case of an appropriation for capital facilities	22699
that, because of their unique nature or location, will be owned or	22700
be part of facilities owned by a separate nonprofit organization	22701
and made available to the governmental agency for its use, the	22702
nonprofit organization either owns or has a long-term (at least	22703
fifteen years) lease of the real property or other capital	22704
facility to be improved, renovated, constructed, or acquired and	22705
has entered into a joint or cooperative use agreement, approved by	22706
the Department of Mental Health, Department of ~~Mental Retardation~~	22707
~~and~~ Developmental Disabilities, or Department of Alcohol and Drug	22708
Addiction Services, whichever is applicable, with the governmental	22709
agency for that agency's use of and right to use the capital	22710
facilities to be financed and, if applicable, improved, the value	22711
of such use or right to use being, as determined by the parties,	22712
reasonably related to the amount of the appropriation.	22713

(B) In the case of capital facilities referred to in division	22714
(A)(2) of this section, the joint or cooperative use agreement	22715
shall include, as a minimum, provisions that:	22716

(1) Specify the extent and nature of that joint or	22717
cooperative use, extending for not fewer than fifteen years, with	22718
the value of such use or right to use to be, as determined by the	22719
parties and approved by the applicable department, reasonably	22720
related to the amount of the appropriation;	22721

(2) Provide for pro rata reimbursement to the state should	22722
the arrangement for joint or cooperative use by a governmental	22723
agency be terminated; and	22724

(3) Provide that procedures to be followed during the capital	22725
improvement process will comply with appropriate applicable state	22726
statutes and rules, including provisions of ~~this act~~H.B. 496 of	22727
the 127th General Assembly.	22728

Sec. 501.40. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	22729
PROJECTS	22730

Notwithstanding sections 123.01 and 123.15 of the Revised	22731
Code, the Director of Administrative Services may authorize the	22732
Departments of Mental Health, ~~Mental Retardation and~~ Developmental	22733
Disabilities, Alcohol and Drug Addiction Services, Agriculture,	22734
Job and Family Services, Rehabilitation and Correction, Youth	22735
Services, Public Safety, Transportation, the Ohio Veterans' Home,	22736
and the Rehabilitation Services Commission to administer any	22737
capital facilities projects when the estimated cost, including	22738
design fees, construction, equipment, and contingency amounts, is	22739
less than $1,500,000. Requests for authorization to administer	22740
capital facilities projects shall be made in writing to the	22741
Director of Administrative Services by the respective state agency	22742
within sixty days after the effective date of the act in which the	22743
General Assembly initially makes an appropriation for the project.	22744
Upon the release of funds for such projects by the Controlling	22745
Board or the Director of Budget and Management, the agency may	22746
administer the capital project or projects for which agency	22747
administration has been authorized without the supervision,	22748
control, or approval of the Director of Administrative Services.	22749

A state agency authorized by the Director of Administrative	22750
Services to administer capital facilities projects pursuant to	22751
this section shall comply with the applicable procedures and	22752
guidelines established in Chapter 153. of the Revised Code.	22753

Section 8. That existing Sections 201.60.30, 209.60.40,	22754
209.60.50, and 501.40 of H.B. 496 of the 127th General Assembly	22755
are hereby repealed.	22756

Section 9. That Sections 231.20.30, 231.30.10, 231.30.20,	22757
253.10, and 751.10 of Am. Sub. H.B. 562 of the 127th General	22758
Assembly be amended to read as follows:	22759

Appropriations

Sec. 231.20.30. ~~DMR~~DDD DEPARTMENT OF ~~MENTAL RETARDATION AND~~	22760
DEVELOPMENTAL DISABILITIES	22761

STATEWIDE AND CENTRAL OFFICE PROJECTS	22762

C59004	Community Assistance Projects	$	13,301,537	22763
C59022	Razing of Buildings	$	200,000	22764
C59024	Telecommunications	$	400,000	22765
C59029	Generator Replacement	$	1,000,000	22766
C59034	Statewide Developmental Centers	$	4,294,237	22767
C59050	Emergency Improvements	$	500,000	22768
C59051	Energy Conservation	$	500,000	22769
C59052	Guernsey County MRDD Boiler Replacement	$	275,000	22770
C59053	Magnolia Clubhouse	$	250,000	22771
C59054	Recreation Unlimited Life Center - Delaware	$	150,000	22772
C59055	Camp McKinley Improvements	$	30,000	22773
C59056	The Hope Learning Center	$	250,000	22774
C59057	North Olmstead Welcome House	$	150,000	22775
Total Statewide and Central Office Projects		$	21,300,774	22776
TOTAL Department of ~~Mental Retardation and~~ Developmental Disabilities		$	21,300,774	22777
TOTAL Mental Health Facilities Improvement Fund		$	127,330,774	22778

COMMUNITY ASSISTANCE PROJECTS

22779

The foregoing appropriation item C59004, Community Assistance	22780
Projects, may be used to provide community assistance funds for	22781
the development, purchase, construction, or renovation of	22782
facilities for day programs or residential programs that provide	22783
services to persons eligible for services from the Department of	22784
~~Mental Retardation and~~ Developmental Disabilities or county boards	22785
of mental retardation and developmental disabilities. Any funds	22786
provided to nonprofit agencies for the construction or renovation	22787
of facilities for persons eligible for services from the	22788
Department of ~~Mental Retardation and~~ Developmental Disabilities	22789
and county boards of mental retardation and developmental	22790
disabilities shall be governed by the prevailing wage provisions	22791
in section 176.05 of the Revised Code.	22792

Sec. 231.30.10. The foregoing appropriations for the	22793
Department of Mental Health, C58001, Community Assistance	22794
Projects, and the Department of ~~Mental Retardation and~~	22795
Developmental Disabilities, C59004, Community Assistance	22796
Projects, may be used for facilities constructed or to be	22797
constructed pursuant to Chapter 340., 3793., 5119., 5123., or	22798
5126. of the Revised Code or the authority granted by section	22799
154.20 of the Revised Code and the rules issued pursuant to those	22800
chapters and shall be distributed by the Department of Mental	22801
Health and the Department of ~~Mental Retardation and~~ Developmental	22802
Disabilities, all subject to Controlling Board approval.	22803

Sec. 231.30.20. (A) No capital improvement appropriations	22804
made in Sections 231.10.10 to 231.30.10 of ~~this act~~Am. Sub. H.B.	22805
562 of the 127th General Assembly shall be released for planning	22806
or for improvement, renovation, or construction or acquisition of	22807
capital facilities if a governmental agency, as defined in	22808
section 154.01 of the Revised Code, does not own the real	22809
property that constitutes the capital facilities or on which the	22810
capital facilities are or will be located. This restriction does	22811
not apply in any of the following circumstances:	22812

(1) The governmental agency has a long-term (at least fifteen	22813
years) lease of, or other interest (such as an easement) in, the	22814
real property.	22815

(2) In the case of an appropriation for capital facilities	22816
that, because of their unique nature or location, will be owned or	22817
be part of facilities owned by a separate nonprofit organization	22818
and made available to the governmental agency for its use or	22819
operated by the nonprofit organization under contract with the	22820
governmental agency, the nonprofit organization either owns or has	22821
a long-term (at least fifteen years) lease of the real property or	22822
other capital facility to be improved, renovated, constructed, or	22823
acquired and has entered into a joint or cooperative use	22824
agreement, approved by the Department of Mental Health or the	22825
Department of ~~Mental Retardation and~~ Developmental Disabilities,	22826
whichever is applicable, with the governmental agency for that	22827
agency's use of and right to use the capital facilities to be	22828
financed and, if applicable, improved, the value of such use or	22829
right to use being, as determined by the parties, reasonably	22830
related to the amount of the appropriation.	22831

(B) In the case of capital facilities referred to in division	22832
(A)(2) of this section, the joint or cooperative use agreement	22833
shall include, at a minimum, provisions that:	22834

(1) Specify the extent and nature of that joint or	22835
cooperative use, extending for not fewer than fifteen years, with	22836
the value of such use or right to use to be, as determined by the	22837
parties and approved by the approving department, reasonably	22838
related to the amount of the appropriation;	22839

(2) Provide for pro rata reimbursement to the state should	22840
the arrangement for joint or cooperative use by a governmental	22841
agency be terminated;	22842

(3) Provide that procedures to be followed during the capital	22843
improvement process will comply with applicable state statutes	22844
and rules, including the provisions of ~~this act~~Am. Sub. H.B. 562	22845
of the 127th General Assembly.	22846

Sec. 253.10. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	22847
PROJECTS	22848

Notwithstanding sections 123.01 and 123.15 of the Revised	22849
Code, the Director of Administrative Services may authorize the	22850
Departments of Mental Health, ~~Mental Retardation and~~ Developmental	22851
Disabilities, Agriculture, Job and Family Services, Rehabilitation	22852
and Correction, Youth Services, Public Safety, Transportation, and	22853
the Ohio Veterans' Home to administer any capital facilities	22854
projects, the estimated cost of which, including design fees,	22855
construction, equipment, and contingency amounts, is less than	22856
$1,500,000. Requests for authorization to administer capital	22857
facilities projects shall be made in writing to the Director of	22858
Administrative Services by the applicable state agency within	22859
sixty days after the effective date of the section of law in which	22860
the General Assembly initially makes an appropriation for the	22861
project. Upon the release of funds for the projects by the	22862
Controlling Board or the Director of Budget and Management, the	22863
agency may administer the capital project or projects for which	22864
agency administration has been authorized without the supervision,	22865
control, or approval of the Director of Administrative Services.	22866

A state agency authorized by the Director of Administrative	22867
Services to administer capital facilities projects pursuant to	22868
this section shall comply with the applicable procedures and	22869
guidelines established in Chapter 153. of the Revised Code.	22870

Sec. 751.10. ICF/MR CONVERSION

22871

(A) As used in this section, "home and community-based	22872
services" has the same meaning as in section 5123.01 of the	22873
Revised Code.	22874

(B) For each quarter of fiscal year 2009, the Director of	22875
~~Mental Retardation and~~ Developmental Disabilities shall certify	22876
to the Director of Budget and Management the estimated amount to	22877
be transferred from the Department of Job and Family Services to	22878
the Department of ~~Mental Retardation and~~ Developmental	22879
Disabilities for the provision of home and community-based	22880
services made available by the slots sought under section	22881
5111.877 of the Revised Code. On receipt of the certification	22882
from the Director of ~~Mental Retardation and~~ Developmental	22883
Disabilities, the Director of Budget and Management may do one	22884
or more of the following:	22885

(1) Reduce GRF appropriation item 600-525, Health	22886
Care/Medicaid, in the Department of Job and Family Services, by	22887
the estimated amount for providing the home and community-based	22888
services and increase GRF appropriation item 322-416, Medicaid	22889
Waiver - State Match, in the Department of ~~Mental Retardation and~~	22890
Developmental Disabilities, by the state share of the estimated	22891
amount for the provision of the home and community-based	22892
services;	22893

(2) Increase appropriation item 322-639, Medicaid Waiver –	22894
Federal, in the Department of ~~Mental Retardation and~~ Developmental	22895
Disabilities, by the federal share amount of the estimated amount	22896
for the provision of the home and community-based services;	22897

(3) Increase appropriation item 600-655, Interagency	22898
Reimbursement, in the Department of Job and Family Services, by	22899
the federal share of the estimated amount for the provision of	22900
the home and community-based services.	22901

Section 10. That existing Sections 231.20.30, 231.30.10,	22902
231.30.20, 253.10, and 751.10 of Am. Sub. H.B. 562 of the 127th	22903
General Assembly are hereby repealed.	22904

Section 11. That Section 4 of Am. Sub. H.B. 516 of the 125th	22905
General Assembly, as most recently amended by Am. Sub. H.B. 100 of	22906
the 127th General Assembly, be amended to read as follows:	22907

Sec. 4. The following agencies shall be retained pursuant to	22908
division (D) of section 101.83 of the Revised Code and shall	22909
expire on December 31, 2010:	22910

	REVISED CODE OR	22911
	UNCODIFIED	22912
AGENCY NAME	SECTION	22913

Administrator, Interstate Compact on Mental Health	5119.50	22914
Administrator, Interstate Compact on	5103.20	22915
Placement of Children		22916
Advisory Board of Governor's Office of Faith-Based and Community Initiatives	107.12	22917
Advisory Boards to the EPA for Air Pollution	121.13	22918
Advisory Boards to the EPA for Water Pollution	121.13	22919
Advisory Committee of the State Veterinary Medical Licensing Board	4741.03(D)(3)	22920
Advisory Committee on Livestock Exhibitions	901.71	22921
Advisory Council on Amusement Ride Safety	1711.51	22922
Advisory Board of Directors for Prison Labor	5145.162	22923
Advisory Council for Each Wild, Scenic, or Recreational River Area	1517.18	22924
Advisory Councils or Boards for State Departments	107.18 or 121.13	22925
Advisory Group to the Ohio Water Resources Council	1521.19(C)	22926
Alzheimer's Disease Task Force	173.04(F)	22927
AMBER Alert Advisory Committee	5502.521	22928
Apprenticeship Council	4139.02	22929
Armory Board of Control	5911.09	22930
Automated Title Processing Board	4505.09(C)(1)	22931
Banking Commission	1123.01	22932
Board of Directors of the Ohio Health Reinsurance Program	3924.08	22933
Board of Voting Machine Examiners	3506.05(B)	22934
Brain Injury Advisory Committee	3304.231	22935
Capitol Square Review and Advisory Board	105.41	22936
Child Support Guideline Advisory Council	3119.024	22937
Children's Trust Fund Board	3109.15	22938
Citizens Advisory Committee (BMV)	4501.025	22939
Citizen's Advisory Councils (Dept. of ~~Mental Retardation and~~ Developmental Disabilities)	5123.092	22940
Clean Ohio Trail Advisory Board	1519.06	22941
Coastal Resources Advisory Council	1506.12	22942
Commission on African-American Males	4112.12	22943
Commission on Hispanic-Latino Affairs	121.31	22944
Commission on Minority Health	3701.78	22945
Committee on Prescriptive Governance	4723.49	22946
Commodity Advisory Commission	926.32	22947
~~Community Mental Retardation and Developmental Disabilities Trust Fund Advisory Council~~	~~5123.353~~	22948
Community Oversight Council	3311.77	22949
Compassionate Care Task Force	Section 3, H.B. 474, 124th GA	22950
Continuing Education Committee (for Sheriffs)	109.80	22951
Coordinating Committee, Agricultural Commodity Marketing Programs	924.14	22952
Council on Alcohol and Drug Addiction Services	3793.09	22953
Council on Unreclaimed Strip Mined Lands	1513.29	22954
Council to Advise on the Establishment and Implementation of the Birth Defects Information System	3705.34	22955
County Sheriffs' Standard Car-Marking and Uniform Commission	311.25	22956
Credit Union Council	1733.329	22957
Criminal Sentencing Advisory Committee	181.22	22958
Day-Care Advisory Council	5104.08	22959
Dentist Loan Repayment Advisory Board	3702.92	22960
Development Financing Advisory Council	122.40	22961
Education Commission of the States (Interstate Compact for Education)	3301.48	22962
Electrical Safety Inspector Advisory Committee	3783.08	22963
Emergency Response Commission	3750.02	22964
Engineering Experiment Station Advisory Committee	3335.27	22965
Environmental Education Council	3745.21	22966
EPA Advisory Boards or Councils	121.13	22967
Farmland Preservation Advisory Board	901.23	22968
Financial Planning & Supervision Commission for Municipal Corporation, County, or Township	118.05	22969
Financial Planning & Supervision Commission for School District	3316.05	22970
Forestry Advisory Council	1503.40	22971
Governance Authority for a State University or College	3345.75	22972
Governor's Advisory Council on Physical Fitness, Wellness, & Sports	3701.77	22973
Governor's Council on People with Disabilities	3303.41	22974
Governor's Residence Advisory Commission	107.40	22975
Great Lakes Commission (Great Lakes Basin Compact)	6161.01	22976
Gubernatorial Transition Committee	107.29	22977
Head Start Partnership Study Council	Section 41.35, H.B. 95, 125th GA	22978
Hemophilia Advisory Subcommittee	3701.0210	22979
Housing Trust Fund Advisory Committee	175.25	22980
Industrial Commission Nominating Council	4121.04	22981
Industrial Technology and Enterprise Advisory Council	122.29	22982
Infant Hearing Screening Subcommittee	3701.507	22983
Insurance Agent Education Advisory Council	3905.483	22984
Interagency Council on Hispanic/Latino Affairs	121.32(J)	22985
Interstate Mining Commission (Interstate Mining Compact)	1514.30	22986
Interstate Rail Passenger Advisory Council (Interstate High Speed Intercity Rail Passenger Network Compact)	4981.35	22987
Joint Council on ~~MR/DD~~ Developmental Disabilities	101.37	22988
Joint Select Committee on Volume Cap	133.021	22989
Labor-Management Government Advisory Council	4121.70	22990
Legal Rights Service Commission	5123.60	22991
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research	103.51	22992
Maternal and Child Health Council	3701.025	22993
Medically Handicapped Children's Medical Advisory Council	3701.025	22994
Midwest Interstate Passenger Rail Compact Commission (Ohio members)	4981.361	22995
Military Activation Task Force	5902.15	22996
Milk Sanitation Board	917.03	22997
Mine Subsidence Insurance Governing Board	3929.51	22998
Minority Development Financing Board	122.72	22999
Multi-Agency Radio Communications Systems Steering Committee	Sec. 21, H.B. 790, 120th GA	23000
Multidisciplinary Council	3746.03	23001
Muskingum River Advisory Council	1501.25	23002
National Museum of Afro-American History and Culture Planning Committee	149.303	23003
Ohio Advisory Council for the Aging	173.03	23004
Ohio Aerospace & Defense Advisory Council	122.98	23005
Ohio Arts Council	3379.02	23006
Ohio Business Gateway Steering Committee	5703.57	23007
Ohio Cemetery Dispute Resolution Commission	4767.05	23008
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils	4112.04(B)	23009
Ohio Commercial Insurance Joint Underwriting Association Board Of Governors	3930.03	23010
Ohio Commercial Market Assistance Plan Executive Committee	3930.02	23011
Ohio Commission on Dispute Resolution and Conflict Management	179.02	23012
Ohio Commission to Reform Medicaid	Section 59.29, H.B. 95, 125th GA	23013
Ohio Community Service Council	121.40	23014
Ohio Council for Interstate Adult Offender Supervision	5149.22	23015
Ohio Cultural Facilities Commission	3383.02	23016
Ohio Developmental Disabilities Council	5123.35	23017
Ohio Expositions Commission	991.02	23018
Ohio Family and Children First Cabinet Council	121.37	23019
Ohio Geology Advisory Council	1505.11	23020
Ohio Grape Industries Committee	924.51	23021
Ohio Hepatitis C Advisory Commission	3701.92	23022
Ohio Historic Site Preservation Advisory Board	149.301	23023
Ohio Historical Society Board of Trustees	149.30	23024
Ohio Judicial Conference	105.91	23025
Ohio Lake Erie Commission	1506.21	23026
Ohio Medical Malpractice Commission	Section 4, S.B. 281, 124th GA and Section 3, S.B. 86, 125th GA	23027
Ohio Medical Quality Foundation	3701.89	23028
Ohio Parks and Recreation Council	1541.40	23029
Ohio Peace Officer Training Commission	109.71	23030
Ohio Public Defender Commission	120.01	23031
Ohio Public Library Information Network Board	Sec. 69, H.B. 117, 121st GA, as amended by H.B. 284, 121st GA	23032
Ohio Quarter Horse Development Commission	3769.086	23033
Ohio Small Government Capital Improvements Commission	164.02	23034
Ohio Soil and Water Conservation Commission	1515.02	23035
Ohio Standardbred Development Commission	3769.085	23036
Ohio Steel Industry Advisory Council	122.97	23037
Ohio Teacher Education and Licensure Advisory Council	3319.28(D)	23038
Ohio Thoroughbred Racing Advisory Committee	3769.084	23039
Ohio Tuition Trust Authority	3334.03	23040
Ohio University College of Osteopathic Medicine Advisory Committee	3337.10	23041
Ohio Vendors Representative Committee	3304.34	23042
Ohio War Orphans Scholarship Board	5910.02	23043
Ohio Water Advisory Council	1521.031	23044
Ohio Water Resources Council	1521.19	23045
Ohioana Library Association, Martha Kinney Cooper Memorial	3375.62	23046
Oil and Gas Commission	1509.35	23047
Operating Committee, Agricultural Commodity Marketing Programs	924.07	23048
Organized Crime Investigations Commission	177.01	23049
Pharmacy and Therapeutics Committee of the Dept. of Job and Family Services	5111.81	23050
Physician Loan Repayment Advisory Board	3702.81	23051
Power Siting Board	4906.02	23052
Prequalification Review Board	5525.07	23053
Private Water Systems Advisory Council	3701.346	23054
Public Employment Risk Reduction Advisory Commission	4167.02	23055
Public Health Council	3701.33	23056
Public Utilities Commission Nominating Council	4901.021	23057
Public Utility Property Tax Study Committee	5727.85	23058
Radiation Advisory Council	3748.20	23059
Reclamation Commission	1513.05	23060
Recreation and Resources Commission	1501.04	23061
Recycling and Litter Prevention Advisory Council	1502.04	23062
Rehabilitation Services Commission Consumer Advisory Committee	3304.24	23063
Savings & Loans Associations & Savings Banks Board	1181.16	23064
Schools and Ministerial Lands Divestiture Committee	501.041	23065
Second Chance Trust Fund Advisory Committee	2108.17	23066
Small Business Stationary Source Technical and Environmental Compliance Assistance Council	3704.19	23067
Solid Waste Management Advisory Council	3734.51	23068
State Agency Coordinating Group	1521.19	23069
State Board of Emergency Medical Services Subcommittees	4765.04	23070
State Council of Uniform State Laws	105.21	23071
State Committee for the Purchase of Products and Services Provided by Persons with Severe Disabilities	4115.32	23072
State Criminal Sentencing Commission	181.21	23073
State Fire Commission	3737.81	23074
State Racing Commission	3769.02	23075
State Victims Assistance Advisory Committee	109.91	23076
Student Tuition Recovery Authority	3332.081	23077
Tax Credit Authority	122.17	23078
Technical Advisory Committee to Assist the Director of the Ohio Coal Development Office	1551.35	23079
Technical Advisory Council on Oil and Gas	1509.38	23080
Transportation Review Advisory Council	5512.07	23081
Unemployment Compensation Review Commission	4141.06	23082
Unemployment Compensation Advisory Council	4141.08	23083
Utility Radiological Safety Board	4937.02	23084
Vehicle Management Commission	125.833	23085
Veterans Advisory Committee	5902.02(K)	23086
Volunteer Fire Fighters' Dependents Fund Boards (Private and Public)	146.02	23087
Water and Sewer Commission	1525.11(C)	23088
Waterways Safety Council	1547.73	23089
Wildlife Council	1531.03	23090
Workers' Compensation Board of Directors Nominating Committee	4121.123	23091

Section 12. That existing Section 4 of Am. Sub. H.B. 516 of	23092
the 125th General Assembly, as most recently amended by Am. Sub.	23093
H.B. 100 of the 127th General Assembly, is hereby repealed.	23094

Section 13. The General Assembly, applying the principle	23095
stated in division (B) of section 1.52 of the Revised Code that	23096
amendments are to be harmonized if reasonably capable of	23097
simultaneous operation, finds that the following sections,	23098
presented in this act as composites of the sections as amended by	23099
the acts indicated, are the resulting versions of the sections in	23100
effect prior to the effective date of the sections as presented in	23101
this act:	23102

Section 109.57 of the Revised Code as amended by both Sub.	23103
H.B. 428 and Sub. S.B. 163 of the 127th General Assembly.	23104

Section 109.572 of the Revised Code as amended by Sub. H.B.	23105
195, Sub. H.B. 545, and Sub. S.B. 247, all of the 127th General	23106
Assembly.	23107

Section 109.77 of the Revised Code as amended by Am. Sub.	23108
H.B. 490, Sub. H.B. 545, and H.B. 675, all of the 124th General	23109
Assembly.	23110

Section 121.37 of the Revised Code as amended by both Sub.	23111
H.B. 289 and Am. Sub. H.B. 530 of the 126th General Assembly.	23112

Section 2151.421 of the Revised Code as amended by both Am.	23113
H.B. 314 and Sub. S.B. 163 of the 127th General Assembly.	23114

Section 5126.04 of the Revised Code as amended by both Am.	23115
Sub. H.B. 119 and Am. Sub. H.B. 214 of the 127th General Assembly.	23116

Section 5815.35 of the Revised Code as amended by both Sub.	23117
H.B. 332 and Sub. H.B. 499 of the 127th General Assembly.	23118