As Introduced
127th General Assembly | Regular Session | 2007-2008 |
| |
Representatives Stewart, J., Strahorn
A BILL
To amend sections 101.37, 109.57, 109.572, 117.102,
121.36, 121.37, 124.11, 124.23, 124.241, 124.38,
135.801, 135.802, 135.803, 140.03, 140.05,
145.297, 305.14, 307.10, 307.86, 309.10, 319.16,
325.19, 329.06, 1751.01, 1751.02, 2108.521,
2151.421, 3109.18, 3301.07, 3301.52, 3301.53,
3301.55, 3301.57, 3301.58, 3314.022, 3314.99,
3317.01, 3317.02, 3317.024, 3317.03, 3317.032,
3317.05, 3317.051, 3317.052, 3317.07, 3317.15,
3317.20, 3319.22, 3319.99, 3323.01, 3323.02,
3323.021, 3323.03, 3323.04, 3323.05, 3323.09,
3323.091, 3323.12, 3323.141, 3323.142, 3326.99,
3701.93, 3701.932, 3701.933, 4109.06, 4141.29,
4511.21, 4511.75, 5101.35, 5101.46, 5101.611,
5111.151, 5111.871, 5111.872, 5111.873, 5123.033,
5123.04, 5123.042, 5123.043, 5123.044, 5123.046,
5123.047, 5123.048, 5123.049, 5123.0411,
5123.0412, 5123.0413, 5123.0416, 5123.081,
5123.082, 5123.16, 5123.166, 5123.169, 5123.171,
5123.172, 5123.18, 5123.19, 5123.191, 5123.211,
5123.351, 5123.36, 5123.37, 5123.371, 5123.372,
5123.373, 5123.374, 5123.375, 5123.38, 5123.41,
5123.47, 5123.50, 5123.52, 5123.542, 5123.60,
5123.602, 5123.61, 5123.611, 5123.613, 5123.614,
5123.63, 5123.64, 5123.71, 5123.711, 5123.74,
5126.01, 5126.02, 5126.021, 5126.022, 5126.023,
5126.024, 5126.025, 5126.027, 5126.028, 5126.029,
5126.0210, 5126.0211, 5126.0212, 5126.0213,
5126.0214, 5126.0215, 5126.0216, 5126.0217,
5126.0218, 5126.0219, 5126.0220, 5126.0221,
5126.0222, 5126.0223, 5126.0224, 5126.0225,
5126.0226, 5126.0227, 5126.0228, 5126.0229,
5126.03, 5126.031, 5126.032, 5126.033, 5126.034,
5126.037, 5126.038, 5126.04, 5126.041, 5126.042,
5126.044, 5126.045, 5126.046, 5126.05, 5126.051,
5126.052, 5126.054, 5126.055, 5126.056, 5126.058,
5126.059, 5126.0510, 5126.0511, 5126.0512,
5126.06, 5126.07, 5126.071, 5126.08, 5126.081,
5126.082, 5126.09, 5126.10, 5126.11, 5126.12,
5126.121, 5126.13, 5126.14, 5126.15, 5126.18,
5126.19, 5126.20, 5126.201, 5126.21, 5126.22,
5126.221, 5126.23, 5126.24, 5126.25, 5126.252,
5126.253, 5126.254, 5126.26, 5126.27, 5126.28,
5126.281, 5126.29, 5126.30, 5126.31, 5126.311,
5126.313, 5126.33, 5126.331, 5126.333, 5126.34,
5126.36, 5126.41, 5126.42, 5126.43, 5126.45,
5126.46, 5126.47, 5126.49, 5126.50, 5126.54,
5126.55, 5126.57, 5126.58, 5126.59, 5126.61,
5126.62, 5126.99, 5153.16, 5153.99, 5543.011,
5705.091, 5705.14, 5705.191, 5705.222, 5705.28,
5705.44, 5735.142, and 5815.28; to enact section
5126.011 of the Revised Code; to amend Sections
269.20.40, 269.20.80, 269.20.90, 269.30.50,
337.30.30, 337.30.40, 337.30.60, and 337.40.30 of
Am. Sub. H.B. 119 of the 127th General Assembly,
to amend Section 337.30.43 of Am. Sub. H.B. 119 of
the 127th General Assembly, as subsequently
amended, to amend Section 201.60.30 of H.B. 496 of
the 127th General Assembly, and to amend Section
231.20.30 of Am. Sub. H.B. 562 of the 127th
General Assembly to change the name of county
boards of mental retardation and developmental
disabilities to county boards of developmental
disabilities and to make similar name changes for
certain county funds.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 101.37, 109.57, 109.572, 117.102,
121.36, 121.37, 124.11, 124.23, 124.241, 124.38, 135.801, 135.802,
135.803, 140.03, 140.05, 145.297, 305.14, 307.10, 307.86, 309.10,
319.16, 325.19, 329.06, 1751.01, 1751.02, 2108.521, 2151.421,
3109.18, 3301.07, 3301.52, 3301.53, 3301.55, 3301.57, 3301.58,
3314.022, 3314.99, 3317.01, 3317.02, 3317.024, 3317.03, 3317.032,
3317.05, 3317.051, 3317.052, 3317.07, 3317.15, 3317.20, 3319.22,
3319.99, 3323.01, 3323.02, 3323.021, 3323.03, 3323.04, 3323.05,
3323.09, 3323.091, 3323.12, 3323.141, 3323.142, 3326.99, 3701.93,
3701.932, 3701.933, 4109.06, 4141.29, 4511.21, 4511.75, 5101.35,
5101.46, 5101.611, 5111.151, 5111.871, 5111.872, 5111.873,
5123.033, 5123.04, 5123.042, 5123.043, 5123.044, 5123.046,
5123.047, 5123.048, 5123.049, 5123.0411, 5123.0412, 5123.0413,
5123.0416, 5123.081, 5123.082, 5123.16, 5123.166, 5123.169,
5123.171, 5123.172, 5123.18, 5123.19, 5123.191, 5123.211,
5123.351, 5123.36, 5123.37, 5123.371, 5123.372, 5123.373,
5123.374, 5123.375, 5123.38, 5123.41, 5123.47, 5123.50, 5123.52,
5123.542, 5123.60, 5123.602, 5123.61, 5123.611, 5123.613,
5123.614, 5123.63, 5123.64, 5123.71, 5123.711, 5123.74, 5126.01,
5126.02, 5126.021, 5126.022, 5126.023, 5126.024, 5126.025,
5126.027, 5126.028, 5126.029, 5126.0210, 5126.0211, 5126.0212,
5126.0213, 5126.0214, 5126.0215, 5126.0216, 5126.0217, 5126.0218,
5126.0219, 5126.0220, 5126.0221, 5126.0222, 5126.0223, 5126.0224,
5126.0225, 5126.0226, 5126.0227, 5126.0228, 5126.0229, 5126.03,
5126.031, 5126.032, 5126.033, 5126.034, 5126.037, 5126.038,
5126.04, 5126.041, 5126.042, 5126.044, 5126.045, 5126.046,
5126.05, 5126.051, 5126.052, 5126.054, 5126.055, 5126.056,
5126.058, 5126.059, 5126.0510, 5126.0511, 5126.0512, 5126.06,
5126.07, 5126.071, 5126.08, 5126.081, 5126.082, 5126.09, 5126.10,
5126.11, 5126.12, 5126.121, 5126.13, 5126.14, 5126.15, 5126.18,
5126.19, 5126.20, 5126.201, 5126.21, 5126.22, 5126.221, 5126.23,
5126.24, 5126.25, 5126.252, 5126.253, 5126.254, 5126.26, 5126.27,
5126.28, 5126.281, 5126.29, 5126.30, 5126.31, 5126.311, 5126.313,
5126.33, 5126.331, 5126.333, 5126.34, 5126.36, 5126.41, 5126.42,
5126.43, 5126.45, 5126.46, 5126.47, 5126.49, 5126.50, 5126.54,
5126.55, 5126.57, 5126.58, 5126.59, 5126.61, 5126.62, 5126.99,
5153.16, 5153.99, 5543.011, 5705.091, 5705.14, 5705.191, 5705.222,
5705.28, 5705.44, 5735.142, and 5815.28 be amended and section
5126.011 of the Revised Code be enacted to read as follows:
Sec. 101.37. (A) There is hereby created the joint council
on
mental retardation and developmental disabilities. The
joint
council shall consist of three members of the house of
representatives appointed by the speaker of the house of
representatives, not more than two of whom shall be members of the
same
political party, three members of
the senate appointed by the
president of the senate, not more than two of whom
shall be
members of the same political party, and
the director of mental
retardation and developmental disabilities. At least one member
of
the
joint council appointed by the speaker of the house of
representatives and at
least one member appointed by the president
of the senate shall be
a member of the house or senate committee
with primary responsibility for
appropriation issues and
at least
one member appointed by the speaker and at least one member
appointed
by the president shall be a member of the house or
senate committee with
primary responsibility for human services
issues.
Members of the
joint council shall be reimbursed for their
actual and necessary
expenses incurred in the performance of their
official duties,
provided that reimbursement for such expenses
shall not exceed
limits imposed upon the department of mental
retardation and
developmental disabilities by administrative rules
regulating
travel within this state. Members shall receive no
other
compensation.
The joint council shall organize itself within fifteen
days
after the commencement of each regular session of the
general
assembly by electing a chairperson and
vice-chairperson. The
joint
council may meet upon the
call of the chairperson, the
director,
or on the
request of any three members.
Members of the joint council who are
appointed from the
general assembly shall serve until the
expiration of their terms
in the general assembly. Any vacancies
occurring among the
general
assembly members of the
joint council shall be filled in
the
manner of the original
appointment.
(B) The joint council shall
do all of the following:
(1) Appoint the original members of the citizen's
advisory
council at any institution under the control of the
department of
mental retardation and developmental disabilities
that is created
after November 15, 1981;
(2) Make final determinations in any dispute between the
director of mental retardation and developmental disabilities and
a citizen's advisory council concerning the appointment of members
to the citizen's advisory council, as provided for in
section
5123.092 of the Revised Code;
(3) Receive reports from citizen's advisory councils on
or
before the thirty-first day of January of each year, as
required
by section 5123.093 of the Revised Code;
(4) Receive reports as appropriate concerning extenuating
circumstances at institutions under the control of the department
of mental retardation and developmental disabilities;
(5) Conduct reviews and make recommendations to the
director
of mental retardation and developmental disabilities with
respect
to any disputes between the department of mental
retardation and
developmental disabilities and entities that have
entered into
contracts with the department for the provision of
protective
services to individuals with mental retardation or
developmental
disabilities;
(6) Provide the director of mental retardation and
developmental disabilities
with advice on legislative and fiscal
issues affecting the department
of mental retardation and
developmental disabilities, county boards of mental
retardation
and developmental disabilities, persons with mental retardation or
developmental disabilities, and providers of services to persons
with mental
retardation or developmental disabilities and on
related issues the director
requests the joint council to address;
(7) On behalf of the director of mental retardation and
developmental
disabilities, advocate to the general assembly
legislative issues about
which the joint council has provided
advice to the
director.
(C) Reports and any correspondence received by the joint
council shall be deposited with the legislative service
commission, which
shall retain them for not less than three years
after the date of
deposit.
Sec. 109.57. (A)(1) The superintendent of the bureau of
criminal identification and investigation shall procure from
wherever
procurable and file
for record photographs, pictures,
descriptions, fingerprints,
measurements, and other information
that may be pertinent of
all persons who have been convicted of
committing within this state a
felony, any crime
constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division
(A)(1)(a),
(A)(8)(a), or
(A)(10)(a) of section 109.572 of the Revised Code,
of all
children
under eighteen years of age who have been
adjudicated
delinquent
children for committing within this state
an act that would
be a
felony or
an offense of violence if
committed by an adult or who
have been
convicted of
or pleaded
guilty to committing within this
state a felony or an offense
of
violence, and of all
well-known
and habitual criminals. The
person
in charge of any
county,
multicounty, municipal,
municipal-county, or
multicounty-municipal
jail or workhouse,
community-based correctional
facility, halfway
house, alternative
residential facility, or
state correctional
institution and the
person in
charge of any state institution
having custody of a
person
suspected of having committed a felony,
any crime
constituting
a misdemeanor on the first offense and a
felony on
subsequent offenses,
or any misdemeanor described in
division
(A)(1)(a), (A)(8)(a), or (A)(10)(a)
of section 109.572 of the
Revised
Code or having custody of a child
under eighteen years of
age with
respect to whom there is
probable
cause to believe that
the child
may have committed an act that would
be a felony or
an
offense of
violence if committed by an adult shall furnish such
material
to
the superintendent of
the bureau. Fingerprints,
photographs, or
other
descriptive information of a child who is
under eighteen
years of age,
has not been arrested or otherwise
taken into
custody for committing an act
that would be a felony
or an offense
of
violence who is not in any other category of
child specified in this division, if committed by an adult, has
not
been adjudicated a
delinquent child for committing an act
that would be a felony or
an offense of violence
if committed by
an adult, has not been
convicted of
or pleaded guilty to
committing a
felony or an
offense of violence, and is not a child
with respect to whom there
is
probable cause to
believe that the
child may have committed an
act
that would be a felony or
an
offense of violence if committed
by an adult
shall not be
procured by the superintendent or
furnished by any
person in
charge of any
county, multicounty,
municipal, municipal-county,
or
multicounty-municipal jail or
workhouse, community-based
correctional
facility, halfway house,
alternative residential
facility, or
state correctional
institution, except as
authorized
in section 2151.313 of the
Revised Code.
(2) Every clerk of a
court of record in this state, other
than the
supreme court or a court of appeals, shall send to the
superintendent of
the bureau a weekly report containing a summary
of each case
involving a felony, involving any crime constituting
a
misdemeanor on the
first offense and a felony on subsequent
offenses, involving a misdemeanor
described in division (A)(1)(a),
(A)(8)(a),
or (A)(10)(a) of section 109.572
of the Revised Code,
or involving
an
adjudication in a case in which a child under
eighteen years of
age was
alleged to be a delinquent child
for
committing an act
that would be a
felony or an offense of
violence if committed by
an adult. The clerk
of the court of
common pleas shall include in
the report and summary the clerk
sends under this division all
information described in divisions
(A)(2)(a) to (f) of this
section
regarding a case before the
court of appeals that is
served by that
clerk. The summary shall
be written on the standard
forms
furnished by the
superintendent
pursuant to division (B) of
this section and shall
include the
following information:
(a) The incident tracking number contained on the standard
forms
furnished by the superintendent pursuant to division (B) of
this
section;
(b) The style and number of the case;
(c) The date of arrest, offense, summons, or arraignment;
(d) The date that the person was convicted of or pleaded
guilty
to the offense, adjudicated a delinquent child for
committing the act that
would be
a felony or an
offense of
violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an
act that
would be a
felony or an
offense of violence if committed
by an adult, the date of an entry
dismissing
the charge, an entry
declaring a mistrial of the offense in which the person
is
discharged, an entry finding that the person or child is not
competent to
stand trial, or an entry of a nolle prosequi, or the
date of any other
determination that constitutes final resolution
of the case;
(e) A statement of the original charge with the section of
the Revised Code
that was alleged to be violated;
(f) If the person or child was convicted, pleaded guilty, or
was
adjudicated a delinquent child, the sentence or
terms of
probation imposed or any other disposition of the
offender or the
delinquent child.
If the offense involved the disarming of a law enforcement
officer or an
attempt to disarm a law enforcement officer, the
clerk shall
clearly state that fact in the summary, and the
superintendent shall ensure
that a clear statement of that fact is
placed in the bureau's records.
(3) The superintendent shall cooperate with and assist
sheriffs,
chiefs of police, and other law enforcement officers in
the establishment of
a complete system of criminal identification
and in obtaining
fingerprints and other means of identification of
all persons
arrested on a charge of a felony, any crime
constituting a
misdemeanor on the first offense and a felony on
subsequent
offenses, or a misdemeanor described in division
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the
Revised Code and
of all children
under
eighteen years of age
arrested or otherwise
taken into custody for committing
an act
that would
be a felony or
an offense of violence if committed by
an adult.
The
superintendent also shall file for record the
fingerprint
impressions of all persons confined in a county,
multicounty,
municipal, municipal-county, or multicounty-municipal
jail or
workhouse,
community-based correctional facility, halfway
house,
alternative residential facility, or state correctional
institution for
the violation of state
laws and of all children
under
eighteen years of age who
are confined in a county,
multicounty, municipal, municipal-county, or
multicounty-municipal
jail or workhouse, community-based
correctional facility, halfway
house, alternative residential facility, or
state correctional
institution or in any
facility for delinquent children for
committing an act
that would be a felony or
an offense of violence
if committed by an adult, and any other
information
that the
superintendent may receive from law enforcement
officials of the
state and its political subdivisions.
(4) The superintendent shall carry out Chapter 2950. of
the
Revised Code with respect to the registration of
persons who are
convicted of or plead guilty
to a sexually oriented offense
or a
child-victim oriented offense and with respect to all other duties
imposed on
the bureau under that chapter.
(5) The bureau shall perform centralized recordkeeping
functions for criminal history records and services in this state
for purposes of the national crime prevention and privacy compact
set forth in section 109.571 of the Revised Code and is the
criminal history record repository as defined in that section for
purposes of that compact. The superintendent or the
superintendent's designee is the compact officer for purposes of
that compact and shall carry out the responsibilities of the
compact officer specified in that compact.
(B) The superintendent shall prepare and furnish to every
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional
facility, halfway house, alternative residential
facility, or
state correctional institution and to every clerk of
a court in this
state specified in division (A)(2) of this
section
standard forms for reporting the information required
under
division (A) of this
section. The standard forms that the
superintendent prepares pursuant to
this division may be in a
tangible format, in an electronic format, or in both
tangible
formats and electronic formats.
(C)(1) The superintendent may operate a center for
electronic, automated, or other data processing for the storage
and retrieval of information, data, and statistics pertaining to
criminals and to children under eighteen years of age who are
adjudicated
delinquent children for committing an
act that would
be a felony or an offense of
violence if committed by an adult,
criminal activity, crime prevention,
law
enforcement,
and criminal
justice, and may establish and operate a statewide
communications
network to gather and disseminate information,
data, and
statistics for the use of law enforcement agencies and for other
uses specified in this division. The
superintendent may gather,
store, retrieve, and
disseminate information, data, and statistics
that pertain to children who are
under eighteen years of age and
that are gathered pursuant to sections 109.57
to 109.61 of the
Revised Code together with information, data, and
statistics that
pertain to adults and that are gathered pursuant to those
sections.
(2) The superintendent or the superintendent's designee shall
gather information of the nature described in division (C)(1) of
this section that pertains to the offense and delinquency history
of a person who has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense for inclusion in the
state registry of sex offenders and child-victim offenders
maintained pursuant to division (A)(1) of section 2950.13 of the
Revised Code and in the internet database operated pursuant to
division (A)(13) of that section and for possible inclusion in the
internet database operated pursuant to division (A)(11) of that
section.
(3) In addition to any other authorized use of information,
data, and statistics of the nature described in division
(C)(1)
of this section, the superintendent or the superintendent's
designee may provide and exchange the information, data, and
statistics pursuant to the national crime prevention and privacy
compact as described in division (A)(5) of this section.
(D) The information and materials furnished to the
superintendent pursuant to division (A) of this section and
information and materials furnished to any board or person under
division (F) or (G) of this section are not public records under
section
149.43 of the Revised Code. The superintendent or the
superintendent's designee shall gather and retain information so
furnished under division (A) of this section that pertains to the
offense and delinquency history of a person who has been convicted
of, pleaded guilty to, or been adjudicated a delinquent child for
committing a sexually oriented offense or a child-victim oriented
offense for the purposes described in division (C)(2) of this
section.
(E) The attorney general shall adopt rules, in accordance
with Chapter 119. of the Revised Code, setting forth the
procedure
by which a person may receive or release information
gathered by
the superintendent pursuant to
division (A) of this
section. A
reasonable fee may be charged for this service. If a
temporary
employment service submits a request for a determination
of
whether a person the service plans to refer to an employment
position has been convicted of or pleaded guilty to an offense
listed in division (A)(1), (3), (4), (5), or (6) of section
109.572
of the Revised Code, the request shall be treated as a
single
request and only one fee shall be charged.
(F)(1) As used in division (F)(2) of this section, "head
start agency" means an entity in this state that has been
approved
to be an agency for purposes of subchapter II of the
"Community
Economic Development Act," 95 Stat. 489 (1981), 42
U.S.C.A. 9831,
as amended.
(2)(a) In addition to or in conjunction with any request that
is required to be made under section 109.572, 2151.86, 3301.32,
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012,
5104.013, 5123.081,
5126.28,
5126.281, or 5153.111 of the Revised
Code or that is made under section 3314.41, 3319.392, or 3326.25
of the Revised Code, the board of
education
of any school
district; the director
of mental
retardation and
developmental
disabilities; any county
board of
mental retardation
and
developmental disabilities; any
entity
under contract with a
county board of mental retardation
and
developmental
disabilities; the chief administrator of any
chartered nonpublic
school; the chief administrator of any home
health agency;
the
chief administrator of or person operating any
child
day-care
center, type A family day-care home, or type B
family
day-care
home licensed or certified under Chapter 5104. of
the
Revised
Code; the administrator of any type C family day-care
home
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st
general assembly; the chief administrator of any head start
agency;
the executive director of a public children services
agency; a private company described in section
3314.41, 3319.392,
or 3326.25 of the
Revised Code; or an employer described in
division (J)(2) of
section 3327.10 of the Revised Code
may
request that the
superintendent of the bureau
investigate and
determine, with
respect to any individual who has
applied for
employment in any
position after October 2, 1989, or
any
individual
wishing to
apply for employment with a board of
education may
request, with
regard to the
individual, whether the
bureau has any
information
gathered under division (A) of this
section that
pertains to that
individual. On receipt of the
request, the
superintendent shall
determine whether that
information
exists
and, upon request of
the person, board, or
entity requesting
information, also shall
request from the
federal
bureau of
investigation any criminal
records it has
pertaining
to
that
individual. The superintendent
or the
superintendent's
designee also may request criminal
history
records from other
states or the federal government
pursuant to
the national crime
prevention and privacy compact set
forth in
section 109.571 of the
Revised Code. Within thirty days
of the
date that the
superintendent
receives a
request, the
superintendent shall send
to the board, entity, or
person a
report of any information that
the superintendent
determines
exists,
including information
contained in records that have been
sealed
under section 2953.32
of the Revised Code, and, within
thirty
days of its receipt, shall
send the board, entity, or
person a
report of any information
received from the federal
bureau of investigation, other than
information the dissemination
of which is prohibited by federal
law.
(b) When a board of education is required to receive
information
under this section as a prerequisite to employment of
an
individual pursuant to section 3319.39 of the Revised Code, it
may accept a
certified copy of records that were issued
by the
bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the
district in lieu of requesting that information itself. In such a
case, the
board shall accept the certified copy issued by the
bureau in order to make a
photocopy of it for that individual's
employment application documents and
shall return the certified
copy to the individual. In a case of that nature,
a district only
shall
accept a certified copy of records of that nature within one
year
after the date of their issuance by the
bureau.
(3) The state board of education may request, with respect
to
any individual who has applied for employment after October 2,
1989, in any position with the state board or the department of
education, any information that a school district board of
education is authorized to request under division (F)(2)
of this
section, and the
superintendent of the bureau shall proceed as if
the request has
been received from a school district board of
education under
division (F)(2) of this section.
(4) When the superintendent of the bureau receives a
request
for information under section 3319.291
of the Revised Code, the
superintendent shall proceed as if the
request has been received
from a school district board of
education under division (F)(2) of
this section.
(5) When a recipient of a classroom
reading
improvement grant
paid under section 3301.86 of the Revised
Code
requests, with
respect to any individual who applies to participate in
providing
any program or service
funded in whole or in
part by the grant,
the information that a school district board of
education is
authorized to request under division
(F)(2)(a) of
this section,
the superintendent of the bureau shall proceed as if the
request
has been
received from a school district board of education under
division
(F)(2)(a) of this section.
(G) In addition to or in conjunction with
any request that is
required to be made under section 3701.881,
3712.09,
3721.121, or
3722.151 of the Revised
Code with respect to an individual who has
applied for employment in
a position that involves providing
direct care to an older adult, the chief
administrator of a home
health agency,
hospice care program, home licensed under Chapter
3721.
of the Revised Code, adult day-care program
operated
pursuant to rules adopted under section 3721.04 of the
Revised
Code, or adult care facility
may request that the superintendent
of the bureau
investigate and determine, with respect to any
individual who has
applied after
January 27, 1997, for employment
in a position that
does not involve providing
direct care to an
older adult, whether the bureau has any information
gathered under
division (A) of this section that pertains
to that individual.
In addition to or in conjunction with any request that is
required to be made under section 173.27 of the Revised Code with
respect to an individual who has applied for employment in a
position that involves providing ombudsperson services to
residents of long-term care facilities or recipients of
community-based long-term care services, the state long-term care
ombudsperson, ombudsperson's designee, or director of health may
request that the superintendent investigate and determine, with
respect to any individual who has applied for employment in a
position that does not involve providing such ombudsperson
services, whether the bureau has any information gathered under
division (A) of this section that pertains to that applicant.
In addition to or in conjunction with any request that is
required to be made under section 173.394 of the Revised Code with
respect to an individual who has applied for employment in a
position that involves providing direct care to an individual, the
chief administrator of a community-based long-term care agency may
request that the superintendent investigate and determine, with
respect to any individual who has applied for employment in a
position that does not involve providing direct care, whether the
bureau has any information gathered under division (A) of this
section that pertains to that applicant.
On receipt of a request under this division, the
superintendent shall determine whether that information
exists
and, on request of the individual requesting information,
shall
also request from the federal bureau of investigation any
criminal
records it has pertaining to the applicant. The superintendent or
the superintendent's designee also may request criminal history
records from other states or the federal government pursuant to
the national crime prevention and privacy compact set forth in
section 109.571 of the Revised Code. Within
thirty days of the
date a request is received, the superintendent
shall send to the
requester a report of any
information determined to exist,
including information contained
in records that have been sealed
under section 2953.32 of the
Revised Code, and, within thirty days
of its
receipt, shall send the requester a report of any
information received from the federal bureau of
investigation,
other than information the dissemination of which is prohibited
by
federal law.
(H) Information obtained by a government entity or person
under this section is confidential
and shall not be released or
disseminated.
(I) The superintendent may charge a reasonable fee for
providing information or criminal records under division (F)(2)
or
(G) of this section.
(J) As used in this section, "sexually oriented offense" and
"child-victim oriented offense" have the same meanings as in
section 2950.01 of the Revised Code.
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to
section 121.08, 3301.32, 3301.541, or 3319.39
of the Revised
Code, a completed form prescribed pursuant to
division (C)(1) of
this section, and a set of fingerprint
impressions obtained in
the manner described in division (C)(2) of
this section, the
superintendent of the bureau of criminal
identification and
investigation shall conduct a criminal records
check in the
manner described in division (B) of this section to
determine
whether any information exists that indicates that the
person who
is the subject of the request previously has been
convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code, a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date, or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(1)(a) of
this section.
(2) On receipt of a request pursuant to section 5123.081 of
the Revised Code with respect to an applicant for employment in
any position with the department of mental retardation and
developmental disabilities, pursuant to section 5126.28 of the
Revised Code with respect to an applicant for employment in any
position with a county board of mental retardation and
developmental disabilities, or pursuant to section 5126.281 of the
Revised Code with respect to an applicant for employment in a
direct services position with an entity contracting with a county
board for employment, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,
2925.03, or 3716.11 of the Revised Code;
(b) An existing or former municipal ordinance or law of this
state, any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(2)(a) of
this section.
(3) On receipt of a request pursuant to section 173.27,
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a
completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect
to any person who has applied for employment in a position for
which a criminal records check is required by those sections. The
superintendent shall conduct the criminal records check in the
manner described in division (B) of this section to determine
whether any information exists that indicates that the person who
is the subject of the request previously has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(3)(a) of this section.
(4) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency as a person responsible for the care,
custody, or control of a child, a completed form prescribed
pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(4)(a) of this section.
(5) On receipt of a request pursuant to section 5111.032,
5111.033, or 5111.034 of the Revised Code, a completed form
prescribed pursuant
to division (C)(1) of this section, and a set
of fingerprint
impressions obtained in the manner described in
division (C)(2) of
this section, the superintendent of the bureau
of criminal
identification and investigation shall conduct a
criminal records
check. The superintendent shall conduct the
criminal records check
in the manner described in division (B) of
this
section to
determine whether any information
exists that
indicates that the
person who is the subject of the request
previously has been
convicted of, has pleaded guilty to, or has
been found eligible
for intervention in lieu of conviction for
any of
the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04,
2903.041, 2903.11, 2903.12, 2903.13, 2903.16,
2903.21,
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or
3716.11 of the Revised Code, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(5)(a) of this section.
(6) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency in a position that involves providing direct
care to an older adult, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(6)(a) of this section.
(7) When conducting a criminal records check upon a request
pursuant to section 3319.39 of the Revised Code for an applicant
who is a teacher, in addition to the determination made under
division (A)(1) of this section, the superintendent shall
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any offense specified in section
3319.31 of the Revised Code.
(8) On receipt of a request pursuant to section 2151.86 of
the Revised
Code, a completed form prescribed pursuant to
division (C)(1) of
this section, and a set of fingerprint
impressions obtained in the
manner described in division (C)(2)
of this section, the
superintendent of the bureau of criminal
identification and
investigation shall conduct a criminal records
check in the manner
described in division (B) of this section to
determine whether any
information exists that indicates that the
person who is the
subject of the request previously has been
convicted of or pleaded
guilty to any of the following:
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,
2903.211, 2903.22, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02,
2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2909.02,
2909.03, 2909.22, 2909.23, 2909.24,
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,
2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161,
2925.02, 2925.03,
2925.04, 2925.05, 2925.06, 2927.12, or 3716.11
of the Revised Code, a
violation of section 2905.04 of the
Revised Code as it existed
prior to July 1, 1996, a violation of
section 2919.23 of the
Revised Code that would have been a
violation of section 2905.04
of the Revised Code as it existed
prior to July 1, 1996, had the
violation been committed prior to
that date, a violation of
section 2925.11 of the Revised Code
that is not a minor drug
possession offense, two or more OVI or
OVUAC violations
committed within the three years immediately
preceding the
submission of the application or petition that is
the basis of the
request, or felonious sexual penetration in
violation
of former section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(8)(a) of
this section.
(9) Upon receipt
of a request
pursuant to section 5104.012
or 5104.013 of the
Revised Code, a completed
form prescribed
pursuant to division
(C)(1) of this section, and a
set of
fingerprint impressions
obtained in the manner described in
division (C)(2) of this
section, the superintendent of the bureau
of criminal
identification and investigation shall conduct a
criminal records
check in the manner described in division (B) of
this section to
determine whether any information exists that
indicates that the
person who is the subject of the request has
been convicted of or
pleaded guilty
to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,
2919.22, 2919.24, 2919.25, 2921.11,
2921.13, 2923.01, 2923.12,
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or
3716.11 of the Revised Code, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, a violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense, a violation of section
2923.02 or 2923.03 of
the Revised Code that relates to a crime
specified in this
division,
or a second
violation of section 4511.19 of the
Revised Code
within five
years of the date of application for
licensure or
certification.
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses or violations described in
division (A)(9)(a) of this section.
(10) Upon receipt of a request pursuant to section 5153.111
of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,
felonious sexual penetration in violation of former section
2907.12 of the Revised Code, a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, a violation of
section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the violation been committed prior to
that date, or a violation of section 2925.11 of the Revised Code
that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(10)(a) of
this section.
(11) On receipt of a request for a criminal records check
from an individual pursuant to section 4749.03 or 4749.06 of the
Revised Code, accompanied by a completed copy of the form
prescribed in division (C)(1) of this section and a set of
fingerprint impressions obtained in a manner described in division
(C)(2) of this section, the superintendent of the bureau of
criminal identification and investigation shall conduct a criminal
records check in the manner described in division (B) of this
section to determine whether any information exists indicating
that the person who is the subject of the request has been
convicted of or pleaded guilty to a felony in this state or in any
other state. If the individual indicates that a firearm will be
carried in the course of business, the superintendent shall
require information from the federal bureau of investigation as
described in division (B)(2) of this section. The superintendent
shall report the findings of the criminal records check and any
information the federal bureau of investigation provides to the
director of public safety.
(12) On receipt of a request pursuant to section 1321.37,
1322.03,
1322.031, or 4763.05 of the Revised Code, a completed
form
prescribed pursuant to division (C)(1) of this section, and
a set
of fingerprint impressions obtained in the manner described
in
division (C)(2) of this section, the superintendent of the
bureau
of criminal identification and investigation shall conduct
a
criminal records check with respect to any person who has
applied
for a license, permit, or certification from the
department of
commerce or a division in the department. The
superintendent shall
conduct the criminal records check in the
manner described in
division (B) of this section to determine
whether any information
exists that indicates that the person who
is the subject of the
request previously has been convicted of or
pleaded guilty to any
of the following: a violation of section
2913.02, 2913.11,
2913.31, 2913.51, or 2925.03 of the Revised
Code; any other
criminal offense involving theft, receiving
stolen property,
embezzlement, forgery, fraud, passing bad
checks, money
laundering, or drug trafficking, or any criminal
offense involving
money or securities, as set forth in Chapters
2909., 2911., 2913.,
2915., 2921., 2923., and 2925. of the
Revised Code; or any
existing or former law of this state, any
other state, or the
United States that is substantially
equivalent to those offenses.
(13) On receipt of a request for a criminal records check
from the treasurer of state under section 113.041 of the Revised
Code or
from an individual under section 4701.08,
4715.101,
4717.061, 4725.121, 4725.501, 4729.071, 4730.101,
4730.14,
4730.28, 4731.081, 4731.15, 4731.171, 4731.222,
4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061,
4741.10,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051,
4762.031, 4762.06, or 4779.091 of the Revised Code,
accompanied
by
a completed form prescribed under division (C)(1)
of this
section
and a set of fingerprint impressions obtained in
the
manner
described in division (C)(2) of this section, the
superintendent
of the bureau of criminal identification and
investigation shall
conduct a criminal records check in the
manner described in
division (B) of this section to determine
whether any information
exists that indicates that the person who
is the subject of the
request has been convicted of or pleaded
guilty to any criminal
offense in this state or any other state.
The superintendent shall
send the results of a check requested
under section 113.041 of the Revised Code to the treasurer of
state and shall send the results of a check requested under any of
the other listed sections to the licensing board specified by the
individual in the request.
(14) On receipt of a request pursuant to section 1121.23,
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request previously has been convicted of or pleaded
guilty to any criminal offense under any existing or former law of
this state, any other state, or the United States.
(15) Not later than thirty days after the date the
superintendent receives a request of a type described in
division
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10),
(11),
(12), or (14) of this section, the completed form, and
the
fingerprint
impressions, the superintendent shall send the
person,
board, or
entity that made the request any information,
other than
information the dissemination of which is prohibited
by federal
law, the superintendent determines exists with respect
to the
person who is the subject of the request that indicates
that the
person previously has been convicted of or pleaded
guilty to any
offense listed or described in division (A)(1),
(2), (3), (4),
(5), (6), (7), (8), (9), (10), (11), (12), or
(14) of this section, as
appropriate. The superintendent shall
send the person, board, or
entity that made the request a copy of
the list of offenses
specified in division (A)(1), (2), (3), (4),
(5), (6), (7), (8),
(9), (10), (11), (12), or (14) of this
section, as appropriate. If the
request was made under section
3701.881 of the Revised Code with
regard to an applicant who may
be both responsible for the care,
custody, or control of a child
and involved in providing direct
care to an older adult, the
superintendent shall provide a list of
the offenses specified in
divisions (A)(4) and (6) of this
section.
Not later than thirty days after the superintendent receives
a request for a criminal records check pursuant to section 113.041
of the Revised Code, the completed form, and the fingerprint
impressions, the superintendent shall send the treasurer of state
any information, other than information the dissemination of which
is prohibited by federal law, the superintendent determines exist
with respect to the person who is the subject of the request that
indicates that the person previously has been convicted of or
pleaded guilty to any criminal offense in this state or any other
state.
(B) The superintendent shall conduct any criminal records
check requested under section 113.041, 121.08, 173.27, 173.394,
1121.23, 1155.03, 1163.05, 1315.141,
1322.03,
1322.031, 1733.47,
1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,
3712.09,
3721.121, 3722.151, 4701.08, 4715.101,
4717.061,
4725.121,
4725.501, 4729.071, 4730.101, 4730.14,
4730.28,
4731.081,
4731.15, 4731.171, 4731.222, 4731.281,
4731.296,
4731.531,
4732.091, 4734.202, 4740.061, 4741.10,
4749.03,
4749.06,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051,
4762.031, 4762.06, 4763.05, 4779.091, 5104.012,
5104.013,
5111.032, 5111.033, 5111.034, 5123.081, 5126.28,
5126.281, or
5153.111 of the Revised Code as follows:
(1) The superintendent shall review or cause to be reviewed
any relevant information gathered and compiled by the bureau under
division (A) of section 109.57 of the Revised Code that relates to
the person who is the subject of the request, including, if the
criminal records check was requested under section 113.041,
121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32,
3301.541,
3319.39, 3701.881, 3712.09, 3721.121, 3722.151,
4749.03, 4749.06,
4763.05, 5104.012, 5104.013, 5111.032,
5111.033, 5111.034,
5123.081, 5126.28, 5126.281, or 5153.111 of
the Revised Code, any
relevant information contained in records
that have been sealed
under section 2953.32 of the Revised Code;
(2) If the request received by the superintendent asks for
information from the federal bureau of investigation, the
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person
who is the subject of the request, including fingerprint-based
checks of national crime information databases as described in 42
U.S.C. 671 if the request is made pursuant to section 2151.86,
5104.012, or 5104.013 of the Revised Code or if any other Revised
Code section requires fingerprint-based checks of that nature, and
shall review or cause to be
reviewed any information the
superintendent receives from that
bureau.
(3) The superintendent or the superintendent's designee may
request criminal history records from other states or the federal
government pursuant to the national crime prevention and privacy
compact set forth in section 109.571 of the Revised Code.
(C)(1) The superintendent shall prescribe a form to obtain
the information necessary to conduct a criminal records check from
any person for whom a criminal records check is requested under
section 113.041 of the Revised Code or required by
section
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,
1322.03, 1322.031, 1733.47, 1761.26, 2151.86,
3301.32,
3301.541,
3319.39, 3701.881, 3712.09, 3721.121, 3722.151,
4701.08,
4715.101, 4717.061, 4725.121, 4725.501,
4729.071,
4730.101,
4730.14, 4730.28, 4731.081, 4731.15, 4731.171,
4731.222,
4731.281, 4731.296, 4731.531, 4732.091, 4734.202,
4740.061,
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,
4760.032,
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,
5104.012, 5104.013,
5111.032,
5111.033, 5111.034, 5123.081,
5126.28, 5126.281, or
5153.111 of
the Revised Code. The form
that the superintendent
prescribes
pursuant to this division may
be in a tangible format,
in an
electronic format, or in both
tangible and electronic
formats.
(2) The superintendent shall prescribe standard impression
sheets to obtain the fingerprint impressions of any person for
whom a criminal records check is requested under section 113.041
of the Revised Code or required by section 121.08,
173.27,
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1322.03, 1322.031,
1733.47, 1761.26, 2151.86, 3301.32, 3301.541,
3319.39,
3701.881,
3712.09, 3721.121, 3722.151, 4701.08,
4715.101,
4717.061,
4725.121, 4725.501, 4729.071, 4730.101,
4730.14,
4730.28,
4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.296,
4731.531, 4732.091, 4734.202, 4740.061, 4741.10,
4749.03,
4749.06,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,
5104.013, 5111.032, 5111.033,
5111.034,
5123.081, 5126.28,
5126.281, or 5153.111 of the Revised
Code. Any
person for whom a
records check is requested under or required by any of
those
sections shall obtain the fingerprint impressions at a
county
sheriff's office, municipal police department, or any other
entity with the ability to make fingerprint impressions on the
standard impression sheets prescribed by the superintendent. The
office, department, or entity may charge the person a reasonable
fee for making the impressions. The standard impression sheets the
superintendent prescribes pursuant to this division may be in a
tangible format, in an electronic format, or in both tangible and
electronic formats.
(3) Subject to division (D) of this section, the
superintendent shall prescribe and charge a reasonable fee for
providing a criminal records check requested under section
113.041, 121.08,
173.27, 173.394, 1121.23, 1155.03, 1163.05,
1315.141, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86,
3301.32,
3301.541,
3319.39, 3701.881, 3712.09, 3721.121,
3722.151,
4701.08, 4715.101, 4717.061, 4725.121,
4725.501,
4729.071,
4730.101,
4730.14, 4730.28, 4731.081,
4731.15,
4731.171,
4731.222, 4731.281,
4731.296, 4731.531,
4732.091,
4734.202,
4740.061, 4741.10, 4749.03, 4749.06,
4755.70,
4757.101,
4759.061, 4760.032, 4760.06, 4761.051, 4762.031,
4762.06,
4763.05, 4779.091, 5104.012, 5104.013, 5111.032,
5111.033,
5111.034,
5123.081, 5126.28, 5126.281, or 5153.111 of
the
Revised
Code. The
person making a criminal records request
under any of those sections
shall pay the
fee
prescribed
pursuant to this division. A
person
making a
request
under
section 3701.881 of the Revised Code
for
a criminal
records
check for an applicant who may be both
responsible for
the care,
custody, or control of a child and
involved in
providing direct
care to an older adult shall pay one
fee for the
request. In the
case of a request under section 1121.23, 1155.03, 1163.05,
1315.141, 1733.47, 1761.26, or
5111.032 of the
Revised Code,
the fee shall be paid in the manner
specified in
that section.
(4) The superintendent of the bureau of criminal
identification and investigation may prescribe methods of
forwarding fingerprint impressions and information necessary to
conduct a criminal records check, which methods shall include, but
not be limited to, an electronic
method.
(D) A determination whether any information exists that
indicates that a person previously has been convicted of or
pleaded guilty to any offense listed or described in division
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or
(b),
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), or (A)(14)
of
this
section, or that indicates that
a person previously has
been
convicted of or pleaded guilty to any
criminal offense in
this
state or any other state regarding a
criminal records check
of a
type described in division (A)(13) of
this section, and
that is
made by the superintendent with respect to
information
considered in a criminal records check in accordance
with this
section is valid for the person who is the subject of
the
criminal
records check for a period of one year from the date
upon which
the superintendent makes the determination. During the
period in
which the determination in regard to a person is valid,
if another
request under this section is made for a criminal
records check
for that person, the superintendent shall provide
the information
that is the basis for the superintendent's
initial determination
at a lower fee than the fee prescribed for
the initial criminal
records check.
(E) As used in this section:
(1) "Criminal records check" means any criminal records check
conducted by the superintendent of the bureau of criminal
identification and investigation in accordance with division (B)
of this section.
(2) "Minor drug possession offense" has the same meaning as
in
section 2925.01 of the Revised Code.
(3) "Older adult" means a person age sixty or older.
(4) "OVI or OVUAC violation" means a violation of section
4511.19 of the Revised Code or a violation of an existing or
former law of this state, any other state, or the United States
that is substantially equivalent to section 4511.19 of the Revised
Code.
Sec. 117.102. The auditor of state shall review the report
of each school health and safety network inspection of a public
school building and associated grounds submitted to the auditor of
state under section 3701.932 of the Revised Code. The auditor of
state may include references to any of the recommendations
contained in the inspection report, as determined appropriate by
the auditor of state, in any audit report of the school district,
educational service center, county board of mental retardation and
developmental disabilities, or community school controlling the
inspected building and grounds.
As used in this section, "public school" has the same meaning
as in section 3701.93 of the Revised Code.
Sec. 121.36. (A) As used in this section, "home care
dependent adult" means an individual who resides in a private home
or other noninstitutional and unlicensed living arrangement,
without the presence of a parent or guardian, but has health and
safety needs that require the provision of regularly scheduled
home care services to remain in the home or other living
arrangement because one of the following is the case:
(1) The individual is at least twenty-one years of age but
less than sixty years of age and has a physical disability or
mental impairment.
(2) The individual is sixty years of age or older, regardless
of whether the individual has a physical disability or mental
impairment.
(B) Except as provided in division (D) of this section, the
departments of mental retardation and developmental disabilities,
aging, job and family services, and health shall each implement
this section with respect to all contracts entered into by the
department for the provision of home care services to home care
dependent adults that are paid for in whole or in part with
federal, state, or local funds. Except as provided in division (D)
of this section, each department shall also require all public and
private entities that receive money from or through the department
to comply with this section when entering into contracts for the
provision of home care services to home care dependent adults that
are paid for in whole or in part with federal, state, or local
funds. Such entities may include county boards of mental
retardation and developmental disabilities, area agencies on
aging, county departments of job and family services, and boards
of health of city and general health districts.
(C) Beginning one year after the effective date of this
section September 26, 2003, each contract subject to this section
shall include terms requiring that the provider of home care
services to home care dependent adults have a system in place that
effectively monitors the delivery of the services by its
employees. To be considered an effective monitoring system for
purposes of the contract, the system established by a provider
must include at least the following components:
(1) When providing home care services to home care dependent
adults who have a mental impairment or life-threatening health
condition, a mechanism to verify whether the provider's employees
are present at the location where the services are to be provided
and at the time the services are to be provided;
(2) When providing home care services to all other home care
dependent adults, a system to verify at the end of each working
day whether the provider's employees have provided the services at
the proper location and time;
(3) A protocol to be followed in scheduling a substitute
employee when the monitoring system identifies that an employee
has failed to provide home care services at the proper location
and time, including standards for determining the length of time
that may elapse without jeopardizing the health and safety of the
home care dependent adult;
(4) Procedures for maintaining records of the information
obtained through the monitoring system;
(5) Procedures for compiling annual reports of the
information obtained through the monitoring system, including
statistics on the rate at which home care services were provided
at the proper location and time;
(6) Procedures for conducting random checks of the accuracy
of the monitoring system. For purposes of conducting these checks,
a random check is considered to be a check of not more than five
per cent of the home care visits the provider's employees make to
different home care dependent adults within a particular work
shift.
(D) In implementing this section, the departments shall
exempt providers of home care services who are self-employed
providers with no other employees or are otherwise considered by
the departments not to be agency providers. The departments shall
conduct a study on how the exempted providers may be made subject
to the requirement of effectively monitoring whether home care
services are being provided and have been provided at the proper
location and time. Not later than two years after the effective
date of this section September 26, 2003, the departments shall
prepare a report of their findings and recommendations. The report
shall be submitted to the president of the senate and the speaker
of the house of representatives.
(E) The departments of mental retardation and developmental
disabilities, aging, job and family services, and health shall
each adopt rules as necessary to implement this section. The rules
shall be adopted in accordance with Chapter 119. of the Revised
Code.
Sec. 121.37. (A)(1) There is hereby created the Ohio family
and children first cabinet council. The council shall be
composed
of the superintendent of public instruction and the
directors of
youth services, job and family services,
mental health,
health,
alcohol and drug addiction services, mental retardation
and
developmental disabilities, and budget and management. The
chairperson of the council shall be the governor or the
governor's
designee and shall establish procedures for the council's
internal
control and management.
The purpose of the cabinet council is to help families
seeking government services. This section shall not be
interpreted
or applied to usurp the role of parents, but solely
to
streamline
and coordinate existing government services for
families seeking
assistance for their children.
(2) In seeking to fulfill its purpose, the council may do any
of
the following:
(a) Advise and make recommendations to the governor and
general assembly regarding the provision of services to children;
(b) Advise and assess local governments on the
coordination
of service delivery to children;
(c) Hold meetings at such times and places as may be
prescribed by the council's procedures and maintain records of
the
meetings, except that records identifying
individual children are
confidential and shall be disclosed
only as provided by law;
(d) Develop programs and projects, including pilot
projects,
to encourage coordinated efforts at the state and local
level to
improve the state's social service delivery
system;
(e) Enter into contracts with and administer grants to
county
family and children first councils, as well as
other county
or
multicounty organizations to plan and coordinate service
delivery
between state agencies and local service providers for
families
and children;
(f) Enter into contracts with and apply for grants from
federal agencies or private organizations;
(g) Enter into interagency agreements
to encourage
coordinated efforts at the state and local level to improve the
state's social service delivery system. The agreements may
include
provisions
regarding the receipt, transfer, and
expenditure of
funds;
(h) Identify public and private funding sources for services
provided to alleged or adjudicated unruly children and children
who are at risk of being alleged or adjudicated unruly children,
including regulations governing access to and use of the services;
(i) Collect information provided by local communities
regarding successful programs for prevention, intervention, and
treatment of unruly behavior, including evaluations of the
programs;
(j) Identify and disseminate publications regarding alleged
or adjudicated unruly children and children who are at risk of
being alleged or adjudicated unruly children and regarding
programs serving those types of children;
(k) Maintain an inventory of strategic planning facilitators
for use by government or nonprofit entities that serve alleged or
adjudicated unruly children or children who are at risk of being
alleged or adjudicated unruly children.
(3) The cabinet council shall provide for
the following:
(a) Reviews of service and treatment
plans for children for
which such reviews are requested;
(b) Assistance as the council
determines to be
necessary to
meet the needs of children referred by
county family
and children
first councils;
(c) Monitoring and supervision
of a
statewide,
comprehensive,
coordinated, multi-disciplinary,
interagency system
for infants
and toddlers with developmental
disabilities or delays
and their
families, as established
pursuant to federal grants
received and
administered by the
department of health for early
intervention
services under the
"Individuals with Disabilities Education Act of
2004," 20 U.S.C.A. 1400, as
amended.
(4) The cabinet council shall develop and implement the
following:
(a) An interagency process to select the indicators that will
be used to measure progress toward increasing child well-being in
the state and to update the indicators on an annual basis. The
indicators shall focus on expectant parents and newborns thriving;
infants and toddlers thriving; children being ready for school;
children and youth succeeding in school; youth choosing healthy
behaviors; and youth successfully transitioning into adulthood.
(b) An interagency system to offer guidance and monitor
progress toward increasing child well-being in the state and in
each county;
(c) An annual plan that identifies state-level agency efforts
taken to ensure progress towards increasing child well-being in
the state.
On an annual basis, the cabinet council shall submit to the
governor and the general assembly a report on the status of
efforts to increase child well-being in the state. This report
shall be made available to any other person on request.
(B)(1) Each board of county commissioners shall
establish a
county family and children
first council. The board may invite
any
local public
or private agency or
group that funds, advocates,
or
provides services to children and families to
have a
representative become a permanent or temporary member of its
county
council. Each county council must
include the following
individuals:
(a) At least three individuals who are not employed by an
agency represented on the council and whose families are or have
received
services from an agency represented on the council or
another county's
council. Where possible, the number of members
representing families shall be
equal to twenty per cent of the
council's membership.
(b) The director of the board of
alcohol, drug addiction,
and
mental health services that serves
the county, or, in the case
of
a county that has a board of
alcohol and drug addiction
services
and a community mental
health board, the directors of
both boards.
If a board of alcohol, drug
addiction, and mental
health services
covers more than one county, the director may
designate a
person
to participate on the county's council.
(c) The health commissioner, or the commissioner's
designee,
of the
board of health of each city and general health district in
the
county. If the county has two or more health districts, the
health commissioner membership may be limited to the commissioners
of the two
districts with the largest populations.
(d) The director of the county department of job and
family
services;
(e) The executive director of the
public children
services
agency;
(f) The superintendent of the
county board of mental
retardation and developmental disabilities;
(g) The superintendent of the city, exempted
village, or
local school district with the largest number of
pupils residing
in the county, as determined by the department
of education, which
shall notify each board of county
commissioners of its
determination at least biennially;
(h) A school superintendent representing all
other school
districts with territory in the county, as
designated at a
biennial meeting of the superintendents of those
districts;
(i) A representative of the
municipal corporation with the
largest population in the
county;
(j) The president of the board of county
commissioners or
an
individual designated by the board;
(k) A representative of the regional office of the
department
of
youth services;
(l) A representative of the
county's head start agencies, as
defined in section 3301.32 of
the Revised Code;
(m) A representative of the county's early
intervention
collaborative established pursuant to the federal
early
intervention program operated under the
"Individuals with
Disabilities Education Act of 2004";
(n) A representative of a local nonprofit entity
that funds,
advocates, or provides services to children and families.
Notwithstanding any other provision of law, the public
members of a county
council are not
prohibited from serving on the
council and making decisions
regarding the duties of the council,
including those involving the funding
of joint projects and those
outlined in the county's service
coordination mechanism
implemented pursuant to
division (C) of this section.
The cabinet council shall establish a state appeals process
to resolve
disputes among the members of a county council
concerning whether reasonable
responsibilities as members are
being shared. The appeals process may be
accessed only by a
majority vote of the council members who are required to
serve on
the council. Upon appeal, the cabinet council may order that
state
funds for services to children and families be redirected to
a
county's board
of county commissioners.
The county's juvenile court judge senior in service or
another judge of the juvenile court designated by the
administrative judge or, where there is no administrative judge,
by the judge senior in service shall serve as the judicial advisor
to the county family and children first council. The judge may
advise the county council on the court's utilization of resources,
services, or programs provided by the entities represented by the
members of the county council and how those resources, services,
or programs assist the court in its administration of justice.
Service of a judge as a judicial advisor pursuant to this section
is a judicial function.
(2) The purpose of the county council is to streamline and
coordinate existing government services for families seeking
services for their children. In seeking to fulfill its purpose, a
county council shall provide for the following:
(a) Referrals to the cabinet council of those
children for
whom the
county council cannot provide adequate services;
(b) Development and implementation of a process that
annually
evaluates and
prioritizes services,
fills service gaps
where
possible, and invents new approaches
to achieve better
results for
families and children;
(c) Participation in the development
of a countywide,
comprehensive, coordinated,
multi-disciplinary, interagency system
for infants and toddlers
with developmental disabilities or delays
and their families, as
established pursuant to federal grants
received and administered
by the department of health for early
intervention services
under the "Individuals with Disabilities
Education Act of 2004";
(d) Maintenance of an accountability
system to
monitor the
county council's progress in achieving
results for families and
children;
(e) Establishment of a mechanism to
ensure ongoing
input
from
a broad representation of families who are receiving
services
within the county system.
(3) A county council shall develop and implement the
following:
(a) An interagency process to establish local indicators and
monitor the county's progress toward increasing child well-being
in the county;
(b) An interagency process to identify local priorities to
increase child well-being. The local priorities shall focus on
expectant parents and newborns thriving; infants and toddlers
thriving; children being ready for school; children and youth
succeeding in school; youth choosing healthy behaviors; and youth
successfully transitioning into adulthood and take into account
the indicators established by the cabinet council under division
(A)(4)(a) of this section.
(c) An annual plan that identifies the county's interagency
efforts to increase child well-being in the county.
On an annual basis, the county council shall submit a report
on the status of efforts by the county to increase child
well-being in the county to the county's board of county
commissioners and the cabinet council. This report shall be made
available to any other person on request.
(4)(a) Except as provided in division (B)(4)(b)
of this
section, a county council shall comply with the
policies,
procedures, and activities prescribed by the rules or
interagency
agreements of a state department participating on
the cabinet
council whenever the county
council
performs a function subject to
those rules or agreements.
(b) On application of a county council, the
cabinet council
may grant an exemption from any rules or
interagency agreements of
a state department participating on
the council if an exemption is
necessary for the council to
implement an alternative program or
approach for
service delivery to families and
children. The
application shall describe the proposed program
or approach and
specify the rules or interagency agreements from which
an
exemption is necessary. The cabinet council shall approve or
disapprove the application in accordance with standards and
procedures it shall adopt. If an application is approved, the
exemption is effective only while the program
or approach is being
implemented, including a
reasonable period during which the
program or approach is being evaluated for effectiveness.
(5)(a) Each county council shall designate an
administrative
agent for the council from among the following public entities:
the board of alcohol, drug addiction, and mental health services,
including a
board of alcohol and drug addiction or a community
mental health board if the
county is served by separate boards;
the board of county commissioners; any
board of health of the
county's city and general health districts; the county
department
of job and family services; the county agency
responsible for the
administration of children services pursuant to section 5153.15 of
the Revised
Code; the
county board of mental retardation and
developmental disabilities; any of the
county's boards of
education or governing boards of educational service
centers; or
the county's juvenile court. Any of the foregoing public
entities,
other than the board of county commissioners, may
decline to serve
as the council's administrative agent.
A county council's administrative agent shall serve as the
council's
appointing authority for any employees of the council.
The council
shall file an annual budget with its
administrative
agent, with copies filed with the county auditor and with the
board of county commissioners, unless the board is serving as the
council's
administrative agent. The council's administrative
agent
shall ensure that
all expenditures are handled in accordance
with
policies, procedures, and
activities prescribed by state
departments in rules or interagency agreements
that are applicable
to the council's functions.
The administrative agent of a county council shall send
notice of a member's absence if a member listed in division (B)(1)
of this section has been absent from either three consecutive
meetings of the county council or a county council subcommittee,
or from one-quarter of such meetings in a calendar year, whichever
is less. The notice shall be sent to the board of county
commissioners that establishes the county council and, for the
members listed in divisions (B)(1)(b), (c), (e), and (l) of this
section, to the governing board overseeing the respective entity;
for the member listed in division (B)(1)(f) of this section, to
the county board of mental retardation and developmental
disabilities that employs the superintendent; for a member listed
in division (B)(1)(g) or (h) of this section, to the school board
that employs the superintendent; for the member listed in division
(B)(1)(i) of this section, to the mayor of the municipal
corporation; for the member listed in division (B)(1)(k) of this
section, to the director of youth services; and for the member
listed in division (B)(1)(n), to that member's board of trustees.
The administrative agent for a county council may do any of
the following
on behalf of the council:
(i) Enter into agreements or administer contracts with
public
or
private entities to fulfill specific council business.
Such
agreements and
contracts are exempt from the competitive
bidding
requirements of section
307.86 of the Revised
Code if they
have
been approved by the county
council and they are for the
purchase
of family and child welfare or child
protection services
or other
social or job and family
services for families and
children. The
approval of the county council is not
required to
exempt
agreements or contracts entered into under section 5139.34,
5139.41, or 5139.43 of the Revised
Code from the competitive
bidding requirements
of section 307.86 of the Revised Code.
(ii) As determined by the council, provide financial
stipends,
reimbursements, or both, to family representatives for
expenses related to
council activity;
(iii) Receive by gift, grant, devise, or bequest any
moneys,
lands,
or other property for the purposes for which the council is
established. The
agent shall hold, apply, and dispose of the
moneys, lands, or other property
according to the terms of the
gift, grant, devise, or bequest. Any interest
or earnings shall
be
treated in the same manner and are subject to the same
terms as
the gift, grant, devise, or bequest from which it accrues.
(b)(i) If the county council designates the board of county
commissioners as its administrative agent, the board may, by
resolution,
delegate any of its powers and duties as
administrative agent to an executive
committee the board
establishes from the membership of the county council.
The board
shall name to the executive committee at least the individuals
described in divisions (B)(1)(b) to (h) of this section and
may
appoint the president of the board or
another individual as
the
chair of the executive committee. The executive committee must
include at least one family county council representative who does
not have a family member employed by an agency represented on the
council.
(ii) The executive committee may, with the approval of the
board,
hire an executive director to assist the county council in
administering its
powers and duties. The executive director shall
serve in the unclassified
civil service at the pleasure of the
executive committee. The executive
director may, with the
approval
of the executive committee, hire other
employees as
necessary to
properly conduct the county council's business.
(iii) The board may require the executive committee to
submit
an
annual budget to the board for approval and may amend or
repeal
the resolution
that delegated to the executive committee
its
authority as the county
council's administrative agent.
(6) Two or more county councils may enter into an
agreement
to administer their county councils jointly by
creating a regional
family and children first council. A regional council
possesses
the same duties and authority
possessed by a county council,
except that the duties and
authority apply regionally rather than
to individual counties. Prior to
entering into an agreement to
create a regional
council, the members of each county council to
be part of the
regional council shall meet to determine whether
all or part of
the members of each county council will serve as
members of the
regional council.
(7) A board of county commissioners may approve a resolution
by a majority
vote
of the board's members that requires the county
council to submit a statement to the board each time
the council
proposes to enter into an agreement, adopt a
plan, or make a
decision,
other than a decision pursuant to section 121.38 of the
Revised Code, that
requires the
expenditure of funds for two or
more families. The
statement shall describe the proposed
agreement, plan, or decision.
Not later than fifteen days after the board receives the
statement, it
shall, by resolution approved by a majority of its
members, approve or
disapprove the agreement, plan, or decision.
Failure of the board to pass a
resolution during that time period
shall be considered approval of the
agreement, plan, or decision.
An agreement, plan, or decision for which a statement is
required to be
submitted to the board shall be implemented only if
it is approved
by the board.
(C) Each county shall develop a
county service coordination
mechanism. The county service coordination mechanism shall serve
as the guiding document for coordination of services in the
county. For children who also receive services under the help me
grow program, the service coordination mechanism shall be
consistent with rules adopted by the department of health under
section 3701.61 of the Revised Code. All family service
coordination plans shall be developed in accordance with the
county service coordination mechanism. The
mechanism shall be
developed
and approved with the
participation of the county
entities representing child welfare;
mental
retardation and
developmental disabilities; alcohol, drug
addiction, and mental
health services; health; juvenile judges;
education; the county
family and children first council; and the
county
early
intervention collaborative established pursuant to
the
federal
early
intervention program operated under the
"Individuals with
Disabilities Education Act of 2004." The county
shall
establish an
implementation schedule for the mechanism. The
cabinet council
may
monitor the implementation and administration
of each county's
service
coordination mechanism.
Each mechanism shall include all of
the
following:
(1) A procedure for an agency, including a juvenile court, or
a family voluntarily seeking service coordination, to refer the
child and family to the county council for service coordination in
accordance with the mechanism;
(2) A procedure ensuring that a family and all appropriate
staff from involved agencies, including a representative from the
appropriate school district, are notified of and invited to
participate in all family service coordination plan meetings;
(3) A procedure that permits a family to initiate a meeting
to develop or review the family's service coordination plan and
allows the family to invite a family advocate, mentor, or support
person of the family's choice to participate in any such meeting;
(4) A procedure for ensuring that a family service
coordination plan meeting is conducted for each child who receives
service coordination under the mechanism and for whom an emergency
out-of-home placement has been made or for whom a nonemergency
out-of-home placement is being considered. The meeting shall be
conducted within ten days of an emergency out-of-home placement.
The meeting shall be conducted before a nonemergency out-of-home
placement. The family service coordination plan shall outline how
the county council members will jointly pay for services, where
applicable, and provide services in the least restrictive
environment.
(5) A procedure for monitoring the progress and tracking the
outcomes of each service coordination plan requested in the county
including monitoring and tracking children in out-of-home
placements to assure continued progress, appropriateness of
placement, and continuity of care after discharge from placement
with appropriate arrangements for housing, treatment, and
education.
(6) A procedure for protecting the confidentiality of all
personal family information disclosed during service coordination
meetings or contained in the comprehensive family service
coordination plan.
(7) A procedure for assessing the needs and strengths of any
child or family that has been referred to the council for service
coordination, including a child whose parent or
custodian is
voluntarily seeking services, and for ensuring that parents and
custodians are afforded the opportunity to participate;
(8) A procedure for development of a family
service
coordination plan
described in division
(D) of this section;
(9) A local dispute resolution
process to serve as the
process that must be used first to resolve
disputes among the
agencies represented on the county council concerning the
provision of
services
to children,
including children who are
abused, neglected, dependent, unruly,
alleged unruly, or
delinquent children and under the jurisdiction of the juvenile
court and children whose parents or custodians are
voluntarily
seeking services. The local dispute resolution
process shall
comply
with sections
121.38, 121.381, and 121.382 of the Revised
Code. The local dispute resolution process shall be used to
resolve disputes between a child's parents or custodians and the
county council regarding service coordination. The county council
shall inform the parents or custodians of their right to use the
dispute resolution process. Parents or custodians shall use
existing local agency grievance procedures to address disputes not
involving service coordination. The dispute resolution process is
in addition to and does not replace other rights or procedures
that parents or custodians may have under other sections of the
Revised Code.
The
cabinet
council shall adopt rules in
accordance with
Chapter 119.
of the
Revised Code establishing an
administrative
review process
to
address problems that arise concerning the
operation of a
local
dispute resolution process.
Nothing in division (C)(4) of this section shall be
interpreted as overriding or affecting decisions of a juvenile
court regarding an out-of-home placement, long-term placement, or
emergency out-of-home placement.
(D)
Each county shall develop a family service coordination
plan
that does all of the following:
(1) Designates service responsibilities among the various
state and local
agencies that provide services to children and
their families, including
children who are abused, neglected,
dependent, unruly, or delinquent children
and under the
jurisdiction of the juvenile court and children whose parents or
custodians are voluntarily seeking services;
(2) Designates an individual, approved by the family, to
track the progress of the family service coordination plan,
schedule reviews as necessary, and facilitate the family service
coordination plan meeting process;
(3) Ensures that assistance and services to be provided are
responsive to the strengths and needs of the family, as well as
the family's culture, race, and ethnic group, by allowing the
family to offer information and suggestions and participate in
decisions. Identified assistance and services shall be provided in
the least restrictive environment possible.
(4) Includes a process for dealing with
a child
who is
alleged to be an unruly child. The process shall include methods
to
divert the child
from the juvenile court system;
(5) Includes timelines for completion of goals specified in
the plan with regular reviews scheduled to monitor progress toward
those goals;
(6) Includes a plan for dealing with short-term crisis
situations and safety concerns.
(E)(1) The process provided for
under
division
(D)(4) of this
section may include, but is not limited
to, the following:
(a) Designation of the person or agency to conduct the
assessment of the child and the child's family as described in
division
(C)(7) of this section and designation of
the
instrument
or instruments to be used to conduct the assessment;
(b) An emphasis on the personal responsibilities of the
child
and the parental responsibilities of the parents, guardian,
or
custodian
of the child;
(c) Involvement of local law enforcement agencies and
officials.
(2) The method to divert a child from the juvenile court
system that must be included in the service coordination process
may include, but
is not limited
to, the following:
(a) The preparation of a complaint under section 2151.27 of
the Revised Code
alleging that the child is an unruly child and
notifying the child and
the parents, guardian, or custodian that
the complaint has
been prepared to encourage the child and the
parents, guardian, or
custodian to comply with other methods to
divert the
child from the juvenile court system;
(b) Conducting a meeting with the child, the parents,
guardian, or custodian, and other interested parties to
determine
the appropriate methods to divert the child from the juvenile
court system;
(c) A method to provide to the child and the
child's family
a
short-term respite from a short-term crisis situation
involving
a
confrontation between the child and the parents, guardian,
or
custodian;
(d) A program to provide a mentor to the child or the
parents, guardian, or custodian;
(e) A program to provide parenting education to the parents,
guardian, or custodian;
(f) An alternative school program for children who are
truant
from school, repeatedly disruptive in school, or suspended
or
expelled
from school;
(g) Other appropriate measures, including, but not limited
to,
any alternative methods to divert a child from the juvenile
court
system that are identified by the Ohio family and children
first cabinet council.
(F) Each county may review and revise the service
coordination process described in division (D) of this section
based on the availability of funds under Title IV-A of the "Social
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,
or to the extent resources are available from any other federal,
state, or local funds.
Sec. 124.11. The civil service of the state and the
several
counties, cities, civil service townships, city health
districts,
general health districts, and city school districts
of the state
shall be divided into the unclassified service and the
classified
service.
(A) The unclassified service shall comprise the following
positions, which shall not be included in the classified service,
and which shall be exempt from all examinations required by this
chapter:
(1) All officers elected by popular vote or persons
appointed
to fill vacancies in those offices;
(2) All election officers as defined in section 3501.01 of
the Revised Code;
(3)(a) The members of all boards and commissions, and heads
of principal departments, boards, and commissions appointed by
the
governor or by and with the governor's consent;
(b) The heads of all departments appointed by a board of
county commissioners;
(c) The members of all
boards and commissions and all heads
of departments appointed by
the mayor, or, if there is no mayor,
such other similar chief
appointing authority of any city or city
school district;
Except
as otherwise provided in division (A)(17) or (C) of
this section,
this chapter does not exempt the chiefs of police
departments and
chiefs of fire departments of cities or civil
service townships
from the competitive classified service.
(4) The members of county or district licensing boards or
commissions and boards of revision, and not more than five deputy
county auditors;
(5) All officers and employees elected or appointed by
either
or both branches of the general assembly, and
employees of the
city legislative authority engaged in
legislative duties;
(6) All commissioned, warrant, and noncommissioned
officers
and enlisted persons in the
Ohio organized militia, including
military appointees in the
adjutant general's department;
(7)(a) All presidents, business managers, administrative
officers, superintendents, assistant superintendents, principals,
deans, assistant deans, instructors, teachers, and such employees
as are engaged in educational or research duties connected with
the public school system, colleges, and universities, as
determined by the governing body of the public school system,
colleges, and universities;
(b) The library staff of any library in the state
supported
wholly or in part at public expense.
(8) Four clerical and administrative support employees for
each of the elective state officers, four clerical and
administrative support employees for each board of county
commissioners and one such employee for each county commissioner,
and four clerical and
administrative support employees for other
elective officers and
each of the principal appointive executive
officers, boards, or
commissions, except for civil service
commissions, that are
authorized to appoint such clerical and
administrative support
employees;
(9) The deputies and assistants of state agencies authorized
to act for and
on behalf of the agency, or holding a fiduciary or
administrative relation to
that agency and those persons employed
by and directly responsible
to elected county officials or a
county administrator and holding a
fiduciary or
administrative
relationship to such elected county officials or county
administrator, and the employees of such county officials whose
fitness
would be
impracticable to determine by competitive
examination, provided
that division (A)(9) of this section shall
not affect those
persons in county employment in the classified
service as of
September 19, 1961. Nothing in division (A)(9) of
this section
applies to any position in a county department of job
and
family services
created pursuant to Chapter 329. of the
Revised
Code.
(10) Bailiffs, constables, official stenographers, and
commissioners of courts of record, deputies of clerks of the
courts of common pleas who supervise or who handle public moneys
or secured documents, and such officers and employees of courts
of
record and such deputies of clerks of the courts of common
pleas
as the director of administrative services finds it
impracticable
to determine their fitness by competitive
examination;
(11) Assistants to the attorney general, special counsel
appointed or employed by the attorney general, assistants to
county prosecuting attorneys, and assistants to city directors of
law;
(12) Such teachers and employees in the agricultural
experiment stations; such students in normal schools, colleges,
and universities of the state who are employed by the state or a
political subdivision of the state in student or intern
classifications; and such unskilled labor positions as the
director of administrative services or any municipal civil
service
commission may find it impracticable to include in the
competitive
classified service; provided such exemptions shall be
by order of
the commission or the director, duly entered on the
record of the
commission or the director with the reasons for
each such
exemption;
(13) Any physician or dentist who is a full-time employee
of
the department of mental health, the department of mental
retardation and developmental disabilities, or an institution
under the jurisdiction of either department; and physicians who
are in residency programs at the institutions;
(14) Up to twenty positions at each institution under the
jurisdiction of the department of mental health or the department
of mental retardation and developmental disabilities that the
department director determines to be primarily administrative or
managerial; and up to fifteen positions in any division of either
department, excluding administrative assistants to the director
and division chiefs, which are within the immediate staff of a
division chief and which the director determines to be primarily
and distinctively administrative and managerial;
(15) Noncitizens of the United States employed by the
state,
or its counties or cities, as physicians or nurses who are
duly
licensed to practice their respective professions under the
laws
of this state, or medical assistants, in mental or
chronic disease
hospitals, or institutions;
(16) Employees of the governor's office;
(17) Fire chiefs and chiefs of police in civil service
townships appointed by boards of township trustees under section
505.38 or 505.49 of the Revised Code;
(18) Executive directors, deputy directors, and program
directors employed by boards of alcohol, drug addiction, and
mental health services under Chapter 340. of the Revised Code,
and
secretaries of the executive directors, deputy directors, and
program directors;
(19) Superintendents, and management employees as defined
in
section 5126.20 of the Revised Code, of county boards of
mental
retardation and developmental disabilities;
(20) Physicians, nurses, and other employees of a county
hospital who are appointed pursuant to sections 339.03 and 339.06
of the Revised Code;
(21) The executive director of the state medical board,
who
is appointed pursuant to division (B) of section 4731.05 of
the
Revised Code;
(22) County directors of job and family services as
provided
in
section 329.02 of the Revised Code and administrators appointed
under section 329.021 of the Revised Code;
(23) A director of economic development who is hired
pursuant
to division (A) of section 307.07 of the Revised Code;
(24) Chiefs of construction and compliance, of operations and
maintenance,
and of licensing and certification in the division of
industrial compliance in
the department of commerce;
(25) The executive director of a county transit system
appointed under
division (A) of section 306.04 of the Revised
Code;
(26) Up to five positions at each of the administrative
departments listed in section 121.02 of the Revised Code and at
the department
of taxation, department of the adjutant general,
department of education,
Ohio board of regents, bureau of workers'
compensation, industrial commission, state lottery
commission, and
public utilities commission of Ohio that the head of
that
administrative department or of that other state agency determines
to be
involved in policy development and implementation. The head
of the
administrative department or other state agency shall set
the compensation for
employees in these positions at a rate that
is not less than the minimum
compensation specified in pay range
41 but not more than the maximum
compensation specified in pay
range 44 of salary schedule E-2 in
section 124.152 of the Revised
Code. The authority to establish positions in
the unclassified
service under division (A)(26) of this
section is in addition to
and does not limit any other authority that an
administrative
department or
state agency has under the Revised Code to establish
positions, appoint
employees, or set compensation.
(27) Employees of the department of agriculture employed
under section 901.09 of the Revised Code;
(28) For cities, counties, civil service townships, city
health
districts, general
health districts, and city school
districts, the deputies and assistants of
elective or principal
executive officers authorized to act for and in the
place of their
principals or holding a fiduciary relation to their
principals;
(29) Employees who receive intermittent or temporary
appointments under division (B) of section 124.30 of the Revised
Code;
(30) Employees appointed to administrative staff positions
for which an
appointing authority is given specific statutory
authority to set
compensation;
(31) Employees appointed to highway patrol cadet or highway
patrol cadet
candidate classifications;
(32) Employees placed in the unclassified service by another
section of the Revised Code.
(B) The classified service shall comprise all persons in
the
employ of the state and the several counties, cities, city
health
districts, general health districts, and city school
districts of
the state, not specifically included in the unclassified
service.
Upon the creation by the board of trustees of a civil
service
township civil service commission, the classified service
shall
also comprise, except as otherwise provided in division
(A)(17) or
(C) of this section, all persons in the employ of a
civil service
township police or fire department having ten or
more full-time
paid employees. The classified service consists
of two classes,
which shall be designated as the competitive
class and the
unskilled labor class.
(1) The competitive class shall include all positions and
employments in the state and the counties, cities, city health
districts, general health districts, and city school districts
of
the state, and, upon the creation by the board of trustees of a
civil service township of a township civil service commission, all
positions in a civil service township police or fire department
having ten or more full-time paid employees, for which it is
practicable to determine the merit and fitness of applicants by
competitive examinations. Appointments shall be made to, or
employment shall be given in, all positions in the competitive
class that are not filled by promotion, reinstatement, transfer,
or reduction, as provided in this chapter, and the rules of the
director of administrative services, by appointment from those
certified to the appointing officer in accordance with this
chapter.
(2) The unskilled labor class shall include ordinary
unskilled laborers. Vacancies in the labor class for positions in
service of the state shall be filled
by appointment from lists of
applicants registered by the
director. Vacancies in the labor
class for all other positions shall be filled by appointment from
lists of applicants registered by a commission. The director or
the commission, as applicable, by rule, shall
require
an applicant
for registration in the labor class to furnish
evidence or take
tests as the director or commission considers proper with
respect
to age, residence, physical condition, ability to labor,
honesty,
sobriety, industry, capacity, and experience in the work
or
employment for which application is made. Laborers who
fulfill the
requirements shall be placed on the eligible list for the kind of
labor or employment sought, and preference shall be given in
employment in accordance with the rating received from that
evidence or in those tests. Upon the request of an appointing
officer, stating the kind of labor needed, the pay and probable
length of employment, and the number to be employed, the director
or commission, as applicable,
shall certify from the highest on
the list double the number to
be employed; from this number, the
appointing officer shall
appoint the number actually needed for
the particular work. If
more than one applicant receives the same
rating, priority in
time of application shall determine the order
in which their
names shall be certified for appointment.
(C) A municipal or civil service township civil service
commission may place volunteer firefighters who
are paid on a
fee-for-service basis in either the classified or the
unclassified
civil service.
(D) This division does not apply to persons in the
unclassified
service who have the right to resume positions in the
classified service under
sections 4121.121, 5119.071, 5120.07,
5120.38, 5120.381, 5120.382, 5123.08,
5139.02, and 5501.19
of the
Revised Code.
An appointing authority whose employees
are paid directly by
warrant of the director of budget and management
may appoint a
person who holds a certified position in the classified service
within the appointing authority's agency to a position in the
unclassified
service within that agency. A person appointed
pursuant
to
this division to a position in the unclassified
service shall retain the right
to resume the position and status
held by
the person in the classified service immediately prior to
the person's
appointment to the position in the unclassified
service, regardless of the
number of positions the person
held in
the unclassified service. An employee's right to resume a position
in the classified service may only be exercised when an appointing
authority demotes the employee to a pay range lower than the
employee's current pay range or revokes the employee's appointment
to the unclassified service. An employee forfeits the right to
resume a position in the classified service when the employee is
removed from the position in the unclassified service due to
incompetence, inefficiency, dishonesty, drunkenness, immoral
conduct, insubordination, discourteous treatment of the public,
neglect of duty, violation of this chapter or the rules of the
director of administrative services, any other failure of good
behavior, any other acts of misfeasance, malfeasance, or
nonfeasance in office, or conviction of a felony. An employee also
forfeits the right to resume a position in the classified service
upon transfer to a different agency.
Reinstatement to a position in the
classified service shall
be to a position substantially equal to that position
in the
classified service held
previously, as certified by the director
of administrative services. If the
position the person previously
held in the classified service has been placed
in the unclassified
service or is otherwise unavailable, the person shall be appointed
to a
position in the classified service within the appointing
authority's agency
that the director of administrative services
certifies is comparable in
compensation to the position the person
previously held in the classified
service. Service in the
position
in the unclassified service shall be counted as service in the
position in the classified service held by the person immediately
prior to the
person's appointment to the position in the
unclassified service. When a
person is reinstated
to a position in
the classified service as provided in this division, the
person is
entitled to all rights, status, and benefits accruing to the
position in the classified service during the person's time of
service in the
position in the
unclassified service.
Sec. 124.23. (A) All applicants for positions and places
in
the classified service shall be subject to examination, except
for
applicants for positions as professional or certified service
and
paraprofessional employees of county boards of mental
retardation
and developmental disabilities, who shall be hired in
the manner
provided in section 124.241 of the Revised Code.
(B) Any examination administered under this section shall be
public and be open to all citizens of the United States and those
persons who have legally declared their intentions of becoming
United States citizens, within certain limitations to be
determined by the director of administrative services as to
citizenship,
age, experience, education, health,
habit,
and moral
character. Any person who has completed service in the uniformed
services, who has been honorably discharged from the uniformed
services or
transferred
to the reserve with evidence of
satisfactory service,
and who is a
resident of this state and any
member of the national guard or a reserve component of the armed
forces of the United States who has completed more than one
hundred eighty days of active duty service pursuant to an
executive order of the president of the United States or an act of
the congress of the United States may file with the director a
certificate of service or honorable discharge,
and, upon this
filing, the
person shall
receive additional credit of twenty per
cent of the person's
total grade given in the regular examination
in which the person receives a
passing grade.
As used in this division, "service in the
uniformed services"
and "uniformed services" have the same
meanings as in the
"Uniformed Services Employment and Reemployment
Rights Act of
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.
(C) An examination
may include an evaluation of such
factors
as education, training,
capacity, knowledge, manual
dexterity, and
physical or
psychological fitness. An examination
shall consist of
one or more
tests in any combination. Tests may
be written, oral,
physical,
demonstration of skill, or an
evaluation of training and
experiences and shall be designed to
fairly test the relative
capacity of the persons examined to
discharge the particular
duties of the position for which
appointment is sought. Tests may
include structured interviews, assessment centers, work
simulations, examinations of knowledge, skills, and abilities, and
any other acceptable testing methods. If
minimum or maximum
requirements are
established for any
examination, they shall be
specified in the
examination
announcement.
(D) The director of administrative services shall have
control of
all
examinations, except
as otherwise provided in
sections 124.01
to 124.64 of the Revised
Code. No questions in any
examination
shall relate to political
or religious opinions or
affiliations.
No credit for seniority,
efficiency, or any other
reason shall be
added to an applicant's
examination grade unless
the applicant
achieves at least the
minimum passing grade on the
examination
without counting
that extra credit.
(E) Except as otherwise provided in sections 124.01 to 124.64
of
the Revised Code, the director of administrative services shall
give reasonable notice
of the time, place, and general scope of
every competitive examination for appointment to a position in
the
civil service. The director shall send
written, printed, or
electronic notices
of
every examination to be conducted in
the
state classified service to each agency of the type
the
director
of job and family services specifies and, in the case of
a county
in which no such agency is located, to the clerk of the
court of
common pleas
of
that county and to the clerk of each city
located
within
that county. Those notices shall be
posted in conspicuous
public places in the designated agencies
or
the courthouse, and
city hall of the
cities, of the counties in
which no designated
agency is located for at least two weeks preceding any examination
involved, and in
a conspicuous place in the office of
the director
of
administrative services for at least two weeks preceding
any
examination involved. In case of examinations limited by the
director
to a district, county, city, or
department,
the director
shall provide
by rule for adequate publicity
of an examination in
the
district, county, city, or department within which
competition
is
permitted.
Sec. 124.241. As used in this section, "professional
employee" has the same
meaning as in section 5126.20 of the
Revised Code and "registered service
employee" means a service
employee, as defined in section 5126.20 of the
Revised Code, who
is registered under section 5126.25 of the Revised Code.
County boards of mental retardation and developmental
disabilities may hire
professional employees and registered
service employees in the classified
service on the basis of the
candidates' qualifications rather than on the
basis
of the results
of an examination administered by the director of
administrative
services pursuant to section 124.23 of the Revised Code.
Sec. 124.38. Each of the following shall be entitled for
each completed eighty hours of service to sick leave of four and
six-tenths hours with pay:
(A) Employees in the various offices of the county,
municipal, and civil service township service, other than
superintendents and management employees, as defined in section
5126.20 of the Revised Code, of county boards of mental
retardation and developmental disabilities;
(B) Employees of any state college or university;
(C) Employees of any board of education for whom sick
leave
is not provided by section 3319.141 of the Revised Code.
Employees may use sick leave, upon approval of the
responsible
administrative officer of the employing unit, for
absence due to
personal illness, pregnancy, injury, exposure to
contagious
disease that could be communicated to other
employees,
and
illness, injury, or death in the employee's immediate family.
Unused sick leave shall be cumulative without limit. When sick
leave is used, it shall be deducted from the employee's credit on
the basis of one hour for every one hour of absence from
previously scheduled work.
The previously accumulated sick leave
of an employee who has
been separated from the public service
shall be placed to the
employee's credit upon
the employee's re-employment in the
public
service, provided that the re-employment takes place
within ten
years of the date on which the employee was last
terminated from
public service. This ten-year period shall be tolled for any
period during which the employee holds elective public office,
whether by election or by appointment.
An employee who transfers from
one public agency to another
shall be credited with the unused
balance of the employee's
accumulated sick leave up to the
maximum of the
sick leave
accumulation permitted in the public agency to which
the employee
transfers.
The appointing authorities of the various offices of the
county service may
permit all or any part of a person's accrued
but unused sick leave acquired
during service with any regional
council of government established in
accordance with Chapter 167.
of the Revised Code to be credited to the employee upon
a transfer
as if the employee were transferring from one public agency to
another under this section.
The appointing authority of each
employing unit shall require
an employee to furnish a
satisfactory written, signed statement to
justify the use of sick
leave. If medical attention is required, a
certificate stating
the nature of the illness from a licensed
physician shall be
required to justify the use of sick leave.
Falsification of
either a written, signed statement or a
physician's certificate
shall be grounds for disciplinary action,
including dismissal.
This section does not interfere with existing unused sick
leave credit in any agency of government where attendance records
are maintained and credit has been given employees for unused
sick
leave.
Notwithstanding this section or any other section of the
Revised Code, any appointing authority of a county office,
department, commission, board, or body may, upon notification to
the board of county commissioners, establish alternative
schedules
of sick leave for employees of the appointing authority
for whom
the state employment relations board has not established
an
appropriate bargaining unit pursuant to section 4117.06 of the
Revised Code, as long as the alternative schedules are not
inconsistent with the provisions of at least one collective
bargaining
agreement covering other employees of that appointing
authority, if such a collective bargaining agreement exists. If no
such collective bargaining agreement exists, an appointing
authority may, upon notification to the board of county
commissioners, establish an alternative schedule of sick leave for
its employees that does not diminish the sick leave benefits
granted by this section.
Sec. 135.801. (A) As used in sections 135.801 to 135.803
of
the Revised Code, "eligible lending institution," "eligible
organization," "investing authority," "residential facility," and
"residential facility linked deposit program" have the same
meanings as in section 5126.51 of the Revised Code.
(B) The board of county commissioners may adopt a
resolution
implementing a residential facility linked deposit
program under
sections 5126.51 to 5126.62 of the Revised Code if
it finds each
of the following:
(1) The county board of mental retardation and
developmental
disabilities has adopted a resolution under section
5126.49 of the
Revised Code.
(2) There is a shortage of residential facilities in the
county for individuals with mental retardation or developmental
disabilities.
(3) Eligible organizations, otherwise willing and able to
develop residential facilities in the county, have been unable to
do so because of high interest rates.
(4) Placement of residential facility linked deposits will
assist in financing the development of residential facilities in
the county that otherwise would not be developed because of high
interest rates.
(5) Public moneys of the county are available for purposes
of
the residential facility linked deposit program.
(6) At least one eligible lending institution has an
office
located within the territorial limits of the county into
which the
board may deposit the public moneys of the county.
Sec. 135.802. The board of county commissioners shall
include each of the following in a resolution implementing a
residential facility linked deposit program under sections
5126.51
to 5126.62 of the Revised Code:
(A) Specific findings of fact justifying implementation of
the residential facility linked deposit program in the county;
(B) Guidelines to be followed by the county board of
mental
retardation and developmental disabilities in establishing
standards under section 5126.49 of the Revised Code for approving
applications for linked deposit loans;
(C) Instructions to the county's investing authority as
necessary for the placement and monitoring of, and for reporting
with regard to, residential facility linked deposits under
sections 5126.59 to 5126.61 of the Revised Code;
(D) Any information the board requires an applicant for a
residential facility linked deposit loan to provide to the county
board of mental retardation and developmental disabilities that
would not otherwise be provided to that board by the applicant
pursuant to sections 5126.51 to 5126.62 of the Revised Code.
The board shall transmit a certified copy of the resolution
to the county board of mental retardation and developmental
disabilities and the county's investing authority, unless the
board is itself that authority.
Sec. 135.803. On receiving a resolution from the county
board of mental
retardation and developmental disabilities
approving under section 5126.55 of
the Revised Code development of
a proposed residential facility, the board of
county commissioners
shall determine whether public moneys of the county are
available
for a residential facility linked deposit and shall certify to the
county
board of mental retardation and developmental disabilities
either that public
moneys are available or that public moneys are
not available. If public
moneys are not available the
certification shall indicate the date, if any, on
which the board
of county commissioners anticipates that public moneys will be
available.
Sec. 140.03. (A) Two or more hospital agencies may enter
into agreements for the acquisition, construction,
reconstruction,
rehabilitation, remodeling, renovating,
enlarging, equipping, and
furnishing of hospital facilities, or
the management, operation,
occupancy, use, maintenance, and
repair of hospital facilities, or
for participation in programs,
projects, activities, and services
useful to, connected with,
supplementing, or otherwise related to
the services provided by,
or the operation of, hospital facilities
operated by one or more
participating hospital agencies, including
any combination of
such purposes, all in such manner as to promote
the public
purpose stated in section 140.02 of the Revised Code.
A
city
health district; general health district; board of alcohol,
drug
addiction, and mental health services; county board of mental
retardation and developmental disabilities; the department of
mental health; the department of mental retardation and
developmental disabilities; or any public body engaged in the
education or training of health professions personnel may join in
any such agreement for purposes related to its authority under
laws applicable to it, and as such a participant shall be
considered a public hospital agency or hospital agency for the
purposes of this section.
(B) An agreement entered into under authority of this
section
shall, where appropriate, provide for:
(1) The manner in which the title to the hospital
facilities,
including the sites and interest in real estate
pertaining
thereto, is to be held, transferred, or disposed of;
(2) Unless provided for by lease pursuant to section
140.05
of the Revised Code, the method by which such hospital
facilities
are to be acquired, constructed, or otherwise improved
and by
which they shall be managed, occupied, maintained, and
repaired,
including the designation of one of the hospital
agencies to have
charge of the details of acquisition,
construction, or improvement
pursuant to the contracting
procedures prescribed under the law
applicable to one of the
participating public hospital agencies;
(3) The management or administration of any such programs,
projects, activities, or services, which may include management
or
administration by one of said hospital agencies or a board or
agency thereof;
(4) Annual, or more frequent, reports to the participating
hospital agencies as to the revenues and receipts pertaining to
the subject of the agreement, the expenditures thereof, the
status
and application of other funds contributed under such
agreement,
and such other matters as may be specified by or
pursuant to such
agreement;
(5) The manner of apportionment or sharing of costs of
hospital facilities, any other applicable costs of management,
operation, maintenance, and repair of hospital facilities, and
costs for the programs, projects, activities, and services
forming
the subject of the agreement, which apportionment or
sharing may
be prescribed in fixed amounts, or determined by
ratios, formulas,
or otherwise, and paid as service charges,
rentals, or in such
other manner as provided in the agreement,
and may include amounts
sufficient to meet the bond service
charges and other payments and
deposits required under the bond
proceedings for obligations
issued to pay costs of hospital
facilities. A hospital agency may
commit itself to make such
payments at least for so long as any
such obligations are
outstanding. In the apportionment, different
classes of costs or
expenses may be apportioned to one or more,
all or less than all,
of the participating hospital agencies as
determined under such
agreement.
(C) An agreement entered into under authority of this
section
may provide for:
(1) An orderly process for making determinations or
advising
as to planning, execution, implementation, and
operation, which
may include designating one of the hospital
agencies, or a board
thereof, for any of such purposes,
provisions for a committee,
board, or commission, and for
representation thereon, or as may
otherwise be provided;
(2) Securing necessary personnel, including participation
of
personnel from the respective hospital agencies;
(3) Standards or conditions for the admission or
participation of patients and physicians;
(4) Conditions for admittance of other hospital agencies
to
participation under the agreement;
(5) Fixing or establishing the method of determining
charges
to be made for particular services;
(6) The manner of amending, supplementing, terminating, or
withdrawal or removal of any party from, the agreement, and the
term of the agreement, or an indefinite term;
(7) Designation of the applicants for or recipients of any
federal, state, or other aid, assistance, or loans available by
reason of any activities conducted under the agreement;
(8) Designation of one or more of the participating
hospital
agencies to maintain, prepare, and submit, on behalf of
all
parties to the agreement, any or all records and reports with
regard to the activities conducted under the agreement;
(9) Any incidental use of the hospital facilities, or
services thereof, by participating public hospital agencies for
any of their lawful purposes, which incidental use does not
impair
the character of the facilities as hospital facilities for
any
purpose of this chapter;
(10) Such other matters as the parties thereto may agree
upon
for the purposes of division (A) of this section.
(D) For the purpose of paying or contributing its share
under
an agreement made under this section, a public hospital
agency
may:
(1) Expend any moneys from its general fund, and from any
other funds not otherwise restricted by law, but including funds
for permanent improvements of hospital facilities of such public
hospital agency where the contribution is to be made toward the
costs of hospital facilities under the agreement, and including
funds derived from levies for, or receipts available for,
operating expenses of hospital facilities or services of such
public hospital agency where the contribution or payment is to be
made toward operating expenses of the hospital facilities or
services under the agreement or for the services provided
thereby;
(2) Issue obligations under Chapter 133. or section
140.06,
339.14, 339.15, 513.12, or 3345.12 of the Revised Code,
or Section
3 of Article XVIII, Ohio Constitution, if applicable
to such
public hospital agency, to pay costs of hospital
facilities, or
issue obligations under any other provision of law
authorizing
such public hospital agency to issue obligations for
any costs of
hospital facilities;
(3) Levy taxes under Chapter 5705. or section 513.13 or
3709.29 of the Revised Code, if applicable to such public
hospital
agency, provided that the purpose of such levy may
include the
provision of funds for either or both permanent
improvements and
current expenses if required for the
contribution or payment of
such hospital agency under such
agreement, and each such public
hospital agency may issue notes
in anticipation of any such levy,
pursuant to the procedures
provided in section 5705.191 of the
Revised Code if the levy is
solely for current expenses, and in
section 5705.193 of the
Revised Code if the levy is all or in part
for permanent
improvements;
(4) Contribute real and personal property or interest
therein
without necessity for competitive bidding or public
auction on
disposition of such property.
(E) Any funds provided by public hospital agencies that
are
parties to an agreement entered into under this section shall
be
transferred to and placed in a separate fund or funds of such
participating public hospital agency as is designated under the
agreement. The funds shall be applied for the purposes provided
in
such agreement and are subject to audit. Pursuant to any
determinations to be made under such agreement, the funds shall
be
deposited, invested, and disbursed under the provisions of law
applicable to the public hospital agency in whose custody the
funds are held. This division is subject to the provisions of
any
applicable bond proceedings under section 133.08, 140.06,
339.15,
or 3345.12 of the Revised Code or Section 3 of Article
XVIII, Ohio
Constitution. The records and reports of such public
hospital
agency under Chapter 117. of the Revised Code and
sections 3702.51
to 3702.62 of the Revised
Code, with respect to the funds shall be
sufficient without
necessity for reports thereon by the other
public hospital
agencies participating under such agreement.
(F)(1) Prior to its entry into any such agreement, the
public
hospital agency must determine, and set forth in a
resolution or
ordinance, that the contribution to be made by it
under such
agreement will be fair consideration for value and
benefit to be
derived by it under such agreement and that the
agreement will
promote the public purpose stated in section
140.02
of the Revised
Code.
(2) If the agreement is with a board of county
commissioners,
board of county hospital trustees, or county
hospital commission
and is an initial agreement for the
acquisition or operation of a
county hospital operated by a board
of county hospital trustees
under section 339.06 of the Revised
Code, the governing body of
the public hospital agency shall
submit the agreement, accompanied
by the resolution or ordinance, to the board of county
commissioners for review
pursuant to section 339.091 of the
Revised Code.
The agreement may be entered into only if the board
of
county commissioners adopts a resolution under that section.
The
requirements of
division (F)(2) of this section do not apply
to
the agreement if
one or more hospitals classified as general
hospitals by the
public health council under section 3701.07 of
the Revised Code
are operating in the same county as the county
hospital.
Sec. 140.05. (A)(1) A public hospital agency may lease
any
hospital facility to one or more hospital agencies for use as
a
hospital facility, or to one or more city or general health
districts; boards of alcohol, drug addiction, and mental health
services; county boards of mental retardation and developmental
disabilities; the department of mental health; or the department
of mental retardation and developmental disabilities, for uses
which they are authorized to make thereof under the laws
applicable to them, or any combination of them, and they may
lease
such facilities to or from a hospital agency for such uses,
upon
such terms and conditions as are agreed upon by the parties.
Such
lease may be for a term of fifty years or less and may
provide for
an option of the lessee to renew for a term of fifty
years or
less, as therein set forth. Prior to entering into such
lease,
the
governing body of any public hospital agency granting
such
lease
must determine, and set forth in a resolution or
ordinance,
that
such lease will promote the public purpose stated
in section
140.02 of the Revised Code and that the lessor public
hospital
agency will be duly benefited thereby.
(2) If the lease is with a board of county commissioners,
board of county hospital trustees, or county hospital commission
and is an agreement for the initial lease of a county hospital
operated by a
board of county hospital trustees under section
339.06 of the
Revised Code, the governing body of the public
hospital agency
shall submit the agreement, accompanied by the
resolution or ordinance, to the board of county commissioners for
review
pursuant to section 339.091 of the Revised Code.
The
agreement may be entered into only if the board of
county
commissioners adopts a resolution under that section. The
requirements of
division (A)(2) of this section do not apply to
the lease if one
or more hospitals classified as general
hospitals
by the public
health council under section 3701.07 of
the Revised
Code are
operating in the same county as the county
hospital.
(B) Any lease entered into pursuant to this section shall
provide that in the event that the lessee fails faithfully and
efficiently to administer, maintain, and operate such leased
facilities as hospital facilities, or fails to provide the
services thereof without regard to race, creed, color, or
national
origin, or fails to require that any hospital agency
using such
facilities or the services thereof shall not
discriminate by
reason of race, creed, color, or national origin,
after an
opportunity to be heard upon written charges, said lease
may be
terminated at the time, in the manner and with
consequences
therein provided. If any such lease does not
contain terms to the
effect provided in this division, it shall
nevertheless be deemed
to contain such terms which shall be
implemented as determined by
the governing body of the lessor.
(C) Such lease may provide for rentals commencing at any
time
agreed upon, or advance rental, and continuing for such
period
therein provided, notwithstanding and without diminution,
rebate,
or setoff by reason of time of availability of the
hospital
facility for use, delays in construction, failure of
completion,
damage or destruction of the hospital facilities, or
for any other
reason.
(D) Such lease may provide for the sale or transfer of
title
of the leased facilities pursuant to an option to purchase,
lease-purchase, or installment purchase upon terms therein
provided or to be determined as therein provided, which may
include provision for the continued use thereof as a hospital
facility for some reasonable period, taking into account
efficient
useful life and other factors, as is provided therein.
(E) Such lease may be entered as part of or in connection
with an agreement pursuant to section 140.03 of the Revised Code.
Any hospital facilities which are the subject of an agreement
entered into under section 140.03 of the Revised Code may be
leased pursuant to this section.
(F) If land acquired by a public hospital agency for a
hospital facility is adjacent to an existing hospital facility
owned by another hospital agency, the public hospital agency may,
in connection with such acquisition or the leasing of such land
and hospital facilities thereon to one or more hospital agencies,
enter into an agreement with the hospital agency which owns such
adjacent hospital facility for the use of common walls in the
construction, operation, or maintenance of hospital facilities of
the public hospital agency. For the purpose of construction,
operation, or maintenance of hospital facilities, a public
hospital agency may acquire by purchase, gift, lease, lease with
option to purchase, lease-purchase, or installment purchase,
easement deed, or other agreement, real estate and interests in
real estate, including rights to use space over, under or upon
real property owned by others, and support, access, common wall,
and other rights in connection therewith. Any public hospital
agency or other political subdivision or any public agency,
board,
commission, institution, body, or instrumentality may
grant such
real estate, interests, or rights to any hospital
agency upon such
terms as are agreed upon without necessity for
competitive bidding
or public auction.
Sec. 145.297. (A) As used in this section, "employing
unit"
means:
(1) A municipal corporation, agency of a municipal
corporation designated by the legislative authority, park
district, conservancy district, sanitary district, health
district, township,
department of a township designated by the
board of township trustees, metropolitan housing authority, public
library, county law library, union cemetery, joint hospital, or
other political subdivision or unit of local government.
(2) With respect to state employees, any entity of the
state
including any department, agency, institution of higher
education,
board, bureau, commission, council, office, or
administrative body
or any part of such entity that is designated
by the entity as an
employing unit.
(3)(a) With respect to employees of a board of
alcohol, drug
addiction, and mental health services, that board.
(b) With respect to employees of a county board of mental
retardation and developmental disabilities, that board.
(c) With respect to other county employees, the county or
any
county agency designated by the board of county
commissioners.
(4) In the case of an employee whose employing unit is in
question, the employing unit is the unit through whose payroll
the
employee is paid.
(B) An employing unit may establish a retirement incentive
plan for its eligible employees. In the case of a county or
county
agency, decisions on whether to establish a retirement
incentive
plan for any employees other than employees of a board
of alcohol,
drug addiction, and mental health services or county
board of
mental retardation and developmental disabilities and on
the terms
of the plan shall be made by the board of county
commissioners. In
the case of a municipal corporation or an
agency of a municipal
corporation, decisions on whether to
establish a retirement
incentive plan and on the terms of the
plan
shall be made by the
legislative authority.
All terms of a retirement incentive plan shall be in
writing.
A retirement incentive plan shall provide for purchase by
the
employing unit of service credit for eligible employees who
elect
to participate in the plan and for payment by the employing
unit
of the entire cost of the service credit purchased.
Every retirement incentive plan shall remain in effect for
at
least one year. The employing unit shall give employees at
least
thirty days' notice before terminating the plan.
Every retirement incentive plan shall include provisions
for
the timely and impartial resolution of grievances and
disputes
arising under the plan.
No employing unit shall have more than one retirement
incentive plan in effect at any time.
(C) Any classified or unclassified employee of the
employing
unit who is a member of the public employees retirement
system
shall be eligible to participate in the retirement
incentive plan
established by the employee's employing unit
if the employee meets
the
following criteria:
(1) The employee is not any of the following:
(b) A member of a board or commission;
(c) A person elected to serve a term of fixed length;
(d) A person appointed to serve a term of fixed length,
other
than a person appointed and employed by the person's
employing
unit.
(2) The employee is or will be eligible to retire under
section 145.32, 145.34, 145.37, or division (A) of section 145.33
of the Revised Code on or before the date of termination of the
retirement incentive plan. Service credit to be purchased for
the
employee under the retirement incentive plan shall be
included in
making such determination.
(3) The employee agrees to retire under section 145.32,
145.34, 145.37, or division (A) of section 145.33 of the Revised
Code within ninety days after receiving notice from the public
employees retirement system that service credit has been
purchased
for the employee under this section.
Participation in the plan shall be available to all
eligible
employees except that the employing unit may limit the
number of
participants in the plan to a specified percentage of
its
employees who are members of the public employees retirement
system on the date the plan goes into effect. The percentage
shall
not be less than five per cent of such employees. If
participation
is limited, employees with more total service
credit
have the
right to elect to participate before employees
with less
total
service credit. In the case of employees with
the same
total
service credit, employees with a greater length of
service
with
the employing unit have the right to elect to
participate
before
employees with less service with the employing
unit.
Employees
with less than eighteen months of service with
the
employing unit
have the right to elect to participate only
after
all other
eligible employees have been given the
opportunity to
elect to
participate. For the purpose of
determining which
employees may
participate in a plan, total
service credit includes
service
credit purchased by the employee
under this chapter after
the date
on which the plan is
established.
A retirement incentive plan that limits participation may
provide that an employee who does not notify the employing unit
of
the employee's decision to participate in the plan within
a
specified
period of time will lose priority to participate in the
plan
ahead of other employees with less seniority. The time given
to
an employee to elect to participate ahead of other employees
shall not be less than thirty days after the employee
receives
written
notice that the employee may participate in the plan.
(D) A retirement incentive plan shall provide for purchase
of
the same amount of service credit for each participating
employee,
except that the employer may not purchase more service
credit for
any employee than the lesser of the following:
(1) Five years of service credit;
(2) An amount of service credit equal to one-fifth of the
total service credited to the participant under this chapter,
exclusive
of service
credit
purchased under this section.
For each year of service credit purchased under this
section,
the employing unit shall pay an amount equal to the
additional
liability resulting from the purchase of that year of
service
credit, as determined by an actuary employed by the
public
employees retirement board.
(E) Upon the election by an eligible employee to
participate
in the retirement incentive plan, the employee and
the employing
unit shall agree upon a date for payment or
contracting for
payment in installments to the public employees
retirement system
of the cost of the service credit to be
purchased. The employing
unit shall submit to the public
employees retirement system a
written request for a determination
of the cost of the service
credit, and within forty-five days
after receiving the request,
the board shall give the employing
unit written notice of the
cost.
The employing unit shall pay or contract to pay in
installments the cost of the service credit to be purchased to
the
public employees retirement system on the date agreed to by
the
employee and the employing unit. The payment shall be made
in
accordance with rules adopted by the public employees
retirement
board. The rules may provide for payment in
installments and for
crediting the purchased credit to the
employee's account upon the
employer's contracting to pay the
cost in installments. The board
shall notify the member when the
member
is credited with service
purchased under this section. If the
employee does not retire
within ninety days after receiving
notice that the employee has
been credited with the purchased
service
credit, the system shall
refund to the employing unit the amount
paid for the service
credit.
No payment made to the public employees retirement system
under this section shall affect any payment required by section
145.48 of the Revised Code.
Sec. 305.14. (A) The court of common pleas, upon the
application of the prosecuting attorney and the board of county
commissioners, may authorize the board to employ legal counsel to
assist the prosecuting attorney, the board, or any other county
officer in any matter of public business coming before such board
or officer, and in the prosecution or defense of any action or
proceeding in which such board or officer is a party or has an
interest, in its official capacity.
(B) The board of county commissioners may also employ
legal
counsel, as provided in section 309.09 of the Revised Code,
to
represent it in any matter of public business coming before
such
board, and in the prosecution or defense of any action or
proceeding in which such board is a party or has an interest, in
its official capacity.
(C) Notwithstanding division (A) of this section and except
as provided in
division (D) of this section, a county
board of
mental retardation and developmental disabilities or a public
children services agency may,
without the authorization of the
court of common pleas, employ
legal counsel to advise it or to
represent it or any of its
members or employees in any matter of
public business coming
before the board or agency or in the
prosecution or defense of any
action or proceeding in which the
board or agency in its official
capacity, or a board or agency
member or employee in the
member's or
employee's
official
capacity, is a party or
has an interest.
(D)(1) In any legal proceeding in which the
prosecuting
attorney is fully able to perform the prosecuting
attorney's
statutory duty
to represent the county board of mental retardation
and
developmental disabilities or public children services agency
without
conflict of interest, the board or agency shall employ
other counsel
only with the written consent of the prosecuting
attorney. In any legal
proceeding in which the
prosecuting
attorney is unable, for any reason, to represent the
board or
agency, the prosecuting attorney shall so
notify the board or
agency,
and, except as provided in division (D)(2) of this
section, the board or agency may then
employ counsel for the
proceeding without further permission from
any authority.
(2) A public children services agency that receives money
from
the county general revenue fund must obtain the permission of
the board of
county commissioners of the
county served by the
agency before employing counsel under division
(C) of this
section.
Sec. 307.10. (A) No sale of real property, or lease of
real
property used or to be used for the purpose of airports,
landing
fields, or air navigational facilities, or parts thereof,
as
provided by section 307.09 of the Revised Code shall be made
unless it is authorized by a resolution adopted by a majority of
the board of county commissioners. When a sale of real property
as
provided by section 307.09 of the Revised Code is authorized,
the
board may either deed the property to the highest responsible
bidder, after advertisement once a week for four consecutive
weeks
in a newspaper of general circulation in the county or
offer the
real property for sale at a public auction, after
giving at least
thirty days' notice of the auction by publication
in a newspaper
of general circulation in the county. The board
may reject any and
all bids. The board may, as it considers
best, sell real property
pursuant to this section as an entire
tract or in parcels. The
board, by resolution adopted by a
majority of the board, may lease
real property, in accordance
with division (A) of section 307.09
of the Revised Code, without
advertising for bids.
(B) The board, by resolution, may transfer real property
in
fee simple belonging to the county and not needed for public
use
to the United States government, to the state or any
department or
agency thereof, to municipal corporations or other
political
subdivisions of the state, or to the county board of
mental
retardation and developmental disabilities, for public
purposes
upon the terms and in the manner that it may determine
to be in
the best interests of the county, without advertising
for bids.
The board shall execute a deed or other proper
instrument when
such a transfer is approved.
(C) The board, by resolution adopted by a majority of the
board, may grant leases, rights, or easements to the United
States
government, to the state or any department or agency
thereof, or
to municipal corporations and other political
subdivisions of the
state, or to privately owned electric light
and power companies,
natural gas companies, or telephone or
telegraph companies for
purposes of rendering their several
public utilities services, in
accordance with division (B) of
section 307.09 of the Revised
Code, without advertising for bids.
When such grant of lease,
right, or easement is authorized, a
deed or other proper
instrument therefor shall be executed by the
board.
Sec. 307.86. Anything to be purchased, leased, leased with
an option or agreement to purchase, or constructed, including,
but
not limited to, any product, structure, construction,
reconstruction, improvement, maintenance, repair, or service,
except the services of an accountant, architect, attorney at law,
physician, professional engineer, construction project manager,
consultant, surveyor, or appraiser, by or on behalf of the county
or contracting authority, as defined in section 307.92 of the
Revised Code, at a cost in excess of twenty-five thousand dollars,
except
as otherwise provided in division (D) of section 713.23 and
in
sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 307.041,
307.861,
339.05, 340.03,
340.033,
4115.31 to 4115.35, 5119.16,
5513.01,
5543.19, 5713.01,
and
6137.05 of the Revised Code, shall
be
obtained through
competitive bidding. However, competitive
bidding
is not
required
when any of the following applies:
(A) The board of county commissioners, by a unanimous vote
of
its members, makes a determination that a real and present
emergency exists, and that determination and the
reasons for it
are entered in the minutes of the proceedings of the board, when
either of
the following applies:
(1) The estimated cost is less than fifty thousand
dollars.
(2) There is actual physical disaster to structures, radio
communications
equipment, or computers.
For purposes of this division, "unanimous vote" means all
three members of
a board of county commissioners when all three
members are present, or two
members of the board if only two
members, constituting a quorum, are present.
Whenever a contract of purchase, lease, or construction is
exempted from competitive bidding under division (A)(1) of this
section because the estimated cost is less than fifty thousand
dollars, but the estimated cost is twenty-five thousand dollars or
more,
the county or contracting authority shall solicit informal
estimates from no fewer than three persons who could perform the
contract, before awarding the contract. With regard to each such
contract, the county or contracting authority shall maintain a
record of such estimates, including the name of each person from
whom an estimate is solicited. The county or contracting
authority
shall maintain the record for the longer
of at least one
year
after
the contract is awarded or the amount of time the
federal
government
requires.
(B)(1) The purchase consists of supplies or a replacement or
supplemental part or parts for a product or equipment owned or
leased by the county, and the only source of supply for the
supplies, part, or parts is limited to a single supplier.
(2) The purchase consists of services related to information
technology, such as programming services, that are proprietary or
limited to a single source.
(C) The purchase is from the federal government, the state,
another county or contracting authority of another county, or a
board of
education, township, or municipal corporation.
(D) The purchase is made by a county department of job and
family services under section 329.04 of the Revised Code and
consists of family services duties or workforce development
activities
or is made by a county board of mental retardation and
developmental disabilities under section 5126.05 of the Revised
Code and consists of program services, such as direct and
ancillary client services,
child care, case management
services,
residential services,
and family resource services.
(E) The purchase consists of
criminal justice services,
social services programs, family services,
or workforce
development activities by
the board of county commissioners from
nonprofit corporations or
associations under programs
funded
by
the
federal government
or by state grants.
(F) The purchase consists of any form of an insurance
policy
or contract authorized to be issued under Title XXXIX of
the
Revised Code or any form of health care plan
authorized to be
issued under Chapter 1751. of the Revised Code, or any
combination
of such policies,
contracts, plans, or services that the
contracting
authority is authorized
to purchase, and the
contracting authority
does all of the
following:
(1) Determines that compliance with the requirements of
this
section would increase, rather than decrease, the cost of
the
purchase;
(2) Requests issuers of
the policies, contracts,
plans, or
services
to
submit proposals to the contracting authority, in a
form
prescribed by the contracting authority, setting forth the
coverage and cost of
the policies, contracts, plans, or
services
as the
contracting authority desires to purchase;
(3) Negotiates with
the issuers for the purpose of
purchasing
the policies, contracts, plans, or services at the
best and
lowest price
reasonably possible.
(G) The purchase consists of computer hardware, software,
or
consulting services that are necessary to implement a
computerized
case management automation project administered by
the Ohio
prosecuting attorneys association and funded by a grant
from the
federal government.
(H) Child care services are purchased for provision to
county
employees.
(I)(1) Property, including land, buildings, and other real
property, is leased for offices, storage, parking, or other
purposes, and all of the following apply:
(a) The contracting authority is authorized by the Revised
Code to lease the
property.
(b) The contracting authority develops requests for
proposals
for leasing the property, specifying the criteria that
will be
considered prior to leasing the property, including the
desired
size and geographic location of the property.
(c) The contracting authority receives responses from
prospective lessors with property meeting the criteria specified
in the requests for proposals by giving notice in a manner
substantially similar to the procedures established for giving
notice under section 307.87 of the Revised Code.
(d) The contracting authority negotiates with the
prospective
lessors to obtain a lease at the best and lowest
price
reasonably
possible considering the fair market value of
the
property and any
relocation and operational costs that may be
incurred
during the
period the lease is in effect.
(2) The contracting authority may use the services of a
real
estate appraiser to obtain advice, consultations, or other
recommendations regarding the lease of property under this
division.
(J) The purchase is made pursuant to section 5139.34 or
sections
5139.41 to 5139.46 of the Revised Code and is of programs
or services that
provide case
management, treatment, or prevention
services to any felony or misdemeanant
delinquent, unruly youth,
or status offender under the supervision of the
juvenile court,
including, but not limited to, community
residential care, day
treatment, services to children in their home, or
electronic
monitoring.
(K) The purchase is made by a public children services
agency
pursuant to
section 307.92 or 5153.16 of the Revised Code
and
consists of
family services,
programs, or ancillary services
that
provide case management, prevention, or
treatment services
for
children at risk of being or alleged to be abused,
neglected,
or
dependent children.
(L) The purchase is to obtain the services of emergency
medical service organizations under a contract made by the board
of county commissioners pursuant to section 307.05 of the Revised
Code with a joint emergency medical services district.
(M) The county contracting authority determines that the use
of competitive sealed proposals would be advantageous to the
county and the contracting authority complies with section 307.862
of the Revised Code.
Any issuer of policies, contracts, plans, or services
listed
in
division (F) of this section and any prospective lessor
under
division (I) of
this section may have the issuer's or
prospective
lessor's
name and address, or the name and address
of
an agent,
placed on a special
notification list to be kept by the
contracting authority, by
sending the contracting authority
that
name and address. The
contracting authority shall send
notice to
all persons listed on
the special notification list.
Notices shall
state the deadline
and place for submitting
proposals. The
contracting authority
shall mail the notices at
least six weeks
prior to the deadline
set by the contracting
authority for
submitting proposals.
Every five years the
contracting authority
may review this list
and remove any person
from the list after
mailing the person
notification of
that
action.
Any contracting authority that negotiates a contract under
division (F) of this section shall request proposals and
negotiate
with issuers in accordance with that
division at
least
every
three years from the date of the signing
of such a
contract,
unless the parties agree upon terms for
extensions or renewals of
the contract. Such extension or renewal
periods shall not exceed
six years from the date the initial
contract is signed.
Any real estate appraiser employed pursuant to
division (I)
of
this section shall disclose any fees or
compensation received
from any
source in connection with that
employment.
Sec. 309.10. Sections 309.08 and 309.09 of the Revised
Code
do not prevent a school board from employing counsel to
represent
it, but when counsel is
employed, the counsel shall be paid
by the
school board from the school fund. Sections 309.08 and 309.09
of
the Revised Code do not
prevent a county board of mental
retardation and developmental
disabilities from employing counsel
to represent it, but that counsel
shall be employed in
accordance
with
division (C) of section 305.14 and paid in accordance with
division (A)(7) of section 5126.05 of the Revised Code.
Sections 309.08 and 309.09 of the Revised Code do not
prevent
a board of county hospital trustees from employing
counsel with
the approval of the county commissioners to bring
legal action for
the collection of delinquent accounts of
the
hospital, but when
counsel is employed,
the counsel shall be paid from
the hospital's
funds. Sections 309.08 and 309.09
of the Revised Code do not
prevent a board of
library trustees from employing counsel to
represent it, but when
counsel is employed, the counsel shall be
paid from the library's funds. Sections 309.08 and
309.09 of the
Revised Code do not prevent the
appointment and employment of
assistants, clerks, and
stenographers to assist the prosecuting
attorney as provided in
sections 309.01 to 309.16 of the Revised
Code, or the appointment
by the court of common pleas or the court
of appeals of an
attorney to assist the prosecuting attorney in
the trial of a
criminal cause pending in that court, or the board
of
county
commissioners from paying for those services.
Sec. 319.16. The county auditor shall issue warrants,
including
electronic warrants authorizing direct deposit for
payment of county
obligations in accordance with division (F) of
section 9.37
of the Revised Code, on
the county treasurer for all
moneys payable from the county
treasury, upon presentation of the
proper order or voucher and
evidentiary matter for the moneys, and
keep a record of all such
warrants showing the number, date of
issue, amount for which
drawn, in whose favor, for what purpose,
and on what fund. The
auditor shall not issue a warrant for the
payment of any claim
against the county, unless it is allowed by
the board of county
commissioners, except where the amount due is
fixed by law or is
allowed by an officer or tribunal, including a
county board of
mental health or county board of mental
retardation and
developmental disabilities, so authorized by law.
If the auditor
questions the validity of an expenditure that is
within available
appropriations and for which a proper order or
voucher and
evidentiary matter is presented, the auditor shall
notify the
board, officer, or tribunal who presented the voucher.
If the
board, officer, or tribunal determines that the expenditure
is
valid and the auditor continues to refuse to issue the
appropriate warrant on the county treasury, a writ of mandamus
may
be sought. The court shall issue a writ of mandamus for
issuance
of the warrant if the court determines that the claim is
valid.
Evidentiary matter includes original invoices, receipts,
bills and checks, and legible copies of contracts.
Sec. 325.19. (A)(1) The granting of vacation leave under
division (A)(1) of this section is subject to divisions (A)(2)
and
(3) of this section. Each full-time employee in the several
offices and departments of the county service, including
full-time
hourly rate employees, after service of one year with
the county
or any political subdivision of the state, shall have
earned and
will be due upon the attainment of the first year of
employment,
and annually thereafter, eighty hours of vacation
leave with full
pay. One year of service shall be computed on
the basis of
twenty-six biweekly pay periods. A full-time county
employee with
eight or more years of service with the county or
any political
subdivision of the state shall have earned and is
entitled to one
hundred twenty hours of vacation leave with full
pay. A full-time
county employee with fifteen or more years of
service with the
county or any political subdivision of the state
shall have earned
and is entitled to one hundred sixty hours of
vacation leave with
full pay. A full-time county employee with
twenty-five years of
service with the county or any political
subdivision of the state
shall have earned and is entitled to two
hundred hours of vacation
leave with full pay. Such vacation
leave shall accrue to the
employee at the rate of three and
one-tenth hours each biweekly
period for those entitled to eighty
hours per year; four and
six-tenths hours each biweekly period
for those entitled to one
hundred twenty hours per year; six and
two-tenths hours each
biweekly period for those entitled to one
hundred sixty hours per
year; and seven and seven-tenths hours
each biweekly period for
those entitled to two hundred hours per
year.
The appointing authorities of the offices and departments of
the county
service may permit all or any part of a person's prior
service with any
regional council of government established in
accordance with Chapter
167. of the Revised Code to be considered
service with the county
or a political subdivision
of the state
for the purpose of determining years of service under this
division.
(2) Full-time employees granted vacation leave under
division
(A)(1) of this section who render any standard of
service
other
than forty hours per week as described in division
(J) of
this
section and who are in active pay status in a
biweekly pay
period,
shall accrue a number of hours of vacation
leave during
each such
pay period that bears the same ratio to
the number of
hours
specified in division (A)(1) of this section
as their number
of
hours which are accepted as full-time in
active pay status,
excluding overtime hours, bears to eighty
hours.
(3) Full-time employees granted vacation leave under
division
(A)(1) of this section who are in active pay status in a
biweekly
pay period for less than eighty hours or the number of
hours of
service otherwise accepted as full-time by their
employing office
or department shall accrue a number of hours of
vacation leave
during that pay period that bears the same ratio
to
the number of
hours specified in division (A)(1) of this
section
as their number
of hours in active pay status, excluding
overtime
hours, bears to
eighty or the number of hours of service
accepted
as full-time,
whichever is applicable.
(B) A board of county commissioners, by resolution, may
grant
vacation leave with full pay to part-time county employees.
A
part-time county employee shall be eligible for vacation leave
with full pay upon the attainment of the first year of
employment,
and annually thereafter. The ratio between the hours
worked and
the vacation hours awarded to a part-time employee
shall be the
same as the ratio between the hours worked and the
vacation hours
earned by a full-time employee as provided for in
this section.
(C) Days specified as holidays in section 124.19 of the
Revised Code shall not be charged to an employee's vacation
leave.
Vacation leave shall be taken by the employee during the
year in
which it accrued and prior to the next recurrence of the
anniversary date of the employee's employment, provided
that the
appointing
authority may, in special and meritorious cases, permit
such
employee to accumulate and carry over the employee's
vacation
leave to the
following year. No vacation leave shall be carried
over for more
than three years. An employee is entitled to
compensation, at
the employee's current rate of pay, for the
prorated portion
of any earned but unused vacation leave for the
current year to the employee's
credit at time of separation, and
in addition shall be compensated for any
unused vacation leave
accrued to the employee's credit, with the permission
of the
appointing authority, for the three years immediately preceding
the
last anniversary date of employment.
(D)(1) In addition to vacation leave, a full-time county
employee is entitled to eight hours of holiday pay for New Year's
day, Martin Luther King day, Washington-Lincoln day, Memorial
day,
Independence day, Labor day, Columbus day, Veterans' day,
Thanksgiving day, and Christmas day, of each year. Except
as
provided in division (D)(2) of this section, holidays
shall occur
on the days specified in section 1.14 of the Revised
Code. If any
of
those holidays fall on
Saturday, the Friday immediately
preceding shall be observed as
the holiday. If any of
those
holidays
fall on Sunday, the Monday immediately succeeding shall
be
observed as the holiday. If an employee's work schedule is
other
than Monday through Friday, the employee is entitled to
holiday pay for holidays observed on the employee's day off
regardless of the
day of the week on which they are observed.
(2)(a) When a classified employee of a county board of
mental
retardation and developmental disabilities works at a site
maintained by a
government entity other than the board, such as a
public school, the board may
adjust the employee's holiday
schedule to conform to the schedule adopted by
the government
entity. Under an adjusted holiday schedule, an employee shall
receive the number of hours of holiday pay granted under division
(D)(1) of this section.
(b) Pursuant to division (J)(6) of section 339.06 of the
Revised Code,
a county hospital may observe Martin Luther King
day, Washington-Lincoln day, Columbus day, and
Veterans' day on
days other than those specified in section 1.14
of the Revised
Code.
(E) In the case of the death of a county employee, the
unused
vacation leave and unpaid overtime to the credit of
the employee
shall be paid in accordance with section 2113.04
of the Revised
Code, or to the employee's estate.
(F) Notwithstanding this section or any other section of
the
Revised Code, any appointing authority of a county office,
department, commission, board, or body may, upon notification to
the board of county commissioners, establish alternative
schedules
of vacation leave and holidays for employees of the
appointing
authority for whom the state employment relations
board has not
established an appropriate bargaining unit pursuant
to section
4117.06 of the Revised Code,
as long as the
alternative schedules
are not inconsistent with the provisions of
at least one
collective bargaining agreement covering other
employees of
that
appointing authority, if such an agreement
exists. If no such
collective bargaining agreement exists, an
appointing authority,
upon notification to the board of county
commissioners, may
establish an alternative schedule of vacation
leave and holidays
for its employees that does not diminish the
vacation leave and
holiday benefits granted by this section.
(G) The employees of a county children services board that
establishes vacation benefits under section 5153.12 of the
Revised
Code are exempt from division (A) of this section.
(H) The provisions of this section do not apply to
superintendents and management employees of county boards of
mental retardation and developmental disabilities.
(I) Division (A) of this section does not apply to an
employee of
a county board of mental retardation and developmental
disabilities who works
at, or provides transportation services to
pupils of, a special education
program provided by the county
board pursuant to division (A)(4) of
section 5126.05 of the
Revised Code, if the employee's employment is based on a school
year
and the employee is not subject to a contract with the county
board that
provides for division (A) of this section to apply to
the employee.
(J) As used in this section:
(1) "Full-time employee" means an employee whose regular
hours of service for a county total forty hours per week, or who
renders any other standard of service accepted as full-time by an
office, department, or agency of county service.
(2) "Part-time employee" means an employee whose regular
hours of service for a county total less than forty hours per
week, or who renders any other standard of service accepted as
part-time by an office, department, or agency of county service,
and whose hours of county service total at least five hundred
twenty hours annually.
(3) "Management employee" has the same meaning as in
section
5126.20 of the Revised Code.
Sec. 329.06. (A) Except as provided in division
(C) of this
section and section 6301.08 of the Revised Code, the board
of
county
commissioners shall
establish a county family services
planning committee.
The board shall appoint a member to represent
the county
department of job and family services; an employee in
the
classified civil service of
the county department of job and
family services, if there
are any such employees; and
a member to
represent the public. The board shall appoint other
individuals to
the committee in such a manner that the
committee's membership is
broadly representative of the groups
of individuals and the public
and private entities that have an
interest in the family services
provided in the county.
The board shall make
appointments in a
manner that reflects the ethnic and racial composition of
the
county. The following groups and entities may be represented on
the
committee:
(1) Consumers of family services;
(2) The public children services agency;
(3) The child support enforcement agency;
(4) The county family and children first council;
(5) Public and private colleges and universities;
(6) Public entities that provide family services,
including
boards of health, boards of education, the county
board of mental
retardation and developmental disabilities, and
the board of
alcohol, drug addiction, and mental health services
that serves
the county;
(7) Private nonprofit and for-profit entities that
provide
family services in the county or that advocate
for
consumers of
family services in the county, including
entities that provide
services to or advocate for victims of domestic violence;
(9) Any other group or entity that has an interest in the
family services provided in the county, including groups
or
entities that represent any of the county's business, urban, and
rural sectors.
(B) The county family
services planning committee shall do
all of the
following:
(1) Serve as an advisory body to the board of county
commissioners with regard to the family services provided
in the
county, including assistance under
Chapters 5107. and 5108. of the
Revised
Code, publicly funded child
care under Chapter 5104. of
the Revised
Code, and social services
provided under section
5101.46 of the
Revised
Code;
(2) At least once a year, review and analyze the county
department
of job and family services' implementation of the
programs
established under
Chapters 5107. and 5108. of the Revised
Code. In
its
review, the committee shall use information available
to it to examine
all of the following:
(a) Return of assistance groups to participation in
either
program after ceasing to participate;
(b) Teen pregnancy rates among the programs' participants;
(c) The other types of assistance the programs' participants
receive, including medical assistance under Chapter 5111. of the
Revised Code, publicly funded
child care under Chapter 5104. of
the Revised
Code, food stamp
benefits under section 5101.54 of the
Revised Code, and
energy
assistance under Chapter 5117. of the
Revised
Code;
(d) Other issues the committee considers appropriate.
The committee shall make recommendations to the board of
county
commissioners and county department of job and family
services regarding the
committee's findings.
(3) Conduct public hearings
on proposed county profiles for
the provision of social services
under section 5101.46 of the
Revised
Code;
(4) At the request of the board, make recommendations and
provide assistance regarding the family services provided
in the
county;
(5) At any other time the committee considers
appropriate,
consult with the board and make recommendations
regarding the
family services provided in the county.
The
committee's
recommendations may address the following:
(a) Implementation and administration
of family service
programs;
(b) Use of federal, state, and local
funds available for
family service programs;
(c) Establishment of goals to be
achieved by family service
programs;
(d) Evaluation of the outcomes of
family service programs;
(e) Any other matter the board
considers relevant to the
provision of family services.
(C) If there is a
committee in existence in a county on
October 1, 1997,
that the board of
county commissioners determines
is
capable of fulfilling the responsibilities of a county
family
services planning committee, the board may designate the
committee
as the county's family services planning
committee and
the
committee shall serve in that capacity.
Sec. 1751.01. As used in this chapter:
(A)(1) "Basic health care
services" means the following
services when medically
necessary:
(a) Physician's services, except when such services are
supplemental under division (B)
of this section;
(b) Inpatient hospital services;
(c) Outpatient medical services;
(d) Emergency health services;
(e) Urgent care services;
(f) Diagnostic laboratory services and diagnostic and
therapeutic radiologic services;
(g) Diagnostic and treatment services, other than
prescription drug services, for biologically based mental
illnesses;
(h) Preventive health care services, including, but not
limited to, voluntary family planning services, infertility
services, periodic physical examinations, prenatal obstetrical
care, and well-child care;
(i) Routine patient care for patients enrolled in an eligible
cancer clinical trial pursuant to section 3923.80 of the Revised
Code.
"Basic health care services" does not include experimental
procedures.
Except as provided by divisions (A)(2) and (3) of this
section in
connection with the offering of coverage for diagnostic
and treatment
services for biologically based mental illnesses, a
health insuring corporation shall not offer coverage for
a health
care service, defined as a basic health care service by
this
division, unless it offers coverage for all listed basic
health
care services. However,
this requirement does not apply to the
coverage of beneficiaries
enrolled in
medicare pursuant
to a
medicare contract, or to the
coverage of
beneficiaries enrolled
in the federal employee
health benefits
program pursuant to 5
U.S.C.A. 8905, or to the coverage of
medicaid
recipients, or to
the coverage of participants of the children's
buy-in program, or
to
the coverage of beneficiaries under any
federal health care
program regulated by a federal regulatory
body, or to the
coverage
of beneficiaries under any
contract
covering officers or
employees of the state that has
been entered
into by the
department of
administrative services.
(2) A health insuring corporation may offer coverage for
diagnostic and treatment services for biologically based mental
illnesses without offering coverage for all other basic health
care services. A health insuring corporation may offer coverage
for diagnostic and treatment services for biologically based
mental illnesses alone or in combination with one or more
supplemental health care services. However, a health insuring
corporation that offers coverage for any other basic health care
service shall offer coverage for diagnostic and treatment services
for biologically based mental illnesses in combination with the
offer of coverage for all other listed basic health care services.
(3) A health insuring corporation that offers coverage for
basic health care services is not required to offer coverage for
diagnostic and treatment services for biologically based mental
illnesses in combination with the offer of coverage for all other
listed basic health care services if all of the following apply:
(a) The health insuring corporation submits documentation
certified by an independent member of the American academy of
actuaries to the superintendent of insurance showing that incurred
claims for diagnostic and treatment services for biologically
based mental illnesses for a period of at least six months
independently caused the health insuring corporation's costs for
claims and administrative expenses for the coverage of basic
health care services to increase by more than one per cent per
year.
(b) The health insuring corporation submits a signed letter
from an independent member of the American academy of actuaries to
the superintendent of insurance opining that the increase in costs
described in division (A)(3)(a) of this section could reasonably
justify an increase of more than one per cent in the annual
premiums or rates charged by the health insuring corporation for
the coverage of basic health care services.
(c) The superintendent of insurance makes the following
determinations from the documentation and opinion submitted
pursuant to divisions (A)(3)(a) and (b) of this section:
(i) Incurred claims for diagnostic and treatment services for
biologically based mental illnesses for a period of at least six
months independently caused the health insuring corporation's
costs for claims and administrative expenses for the coverage of
basic health care services to increase by more than one per cent
per year.
(ii) The increase in costs reasonably justifies an increase
of more than one per cent in the annual premiums or rates charged
by the health insuring corporation for the coverage of basic
health care services.
Any determination made by the superintendent under this
division is subject to Chapter 119. of the Revised Code.
(B)(1) "Supplemental health
care services" means any health
care services other than basic
health care services that a health
insuring corporation may
offer, alone or in combination with
either basic health care services or other
supplemental health
care services, and includes:
(a) Services of facilities for intermediate or long-term
care, or both;
(b) Dental care services;
(c) Vision care and optometric services including lenses
and
frames;
(d) Podiatric care or foot care services;
(e) Mental health services, excluding diagnostic and
treatment services for biologically based mental illnesses;
(f) Short-term outpatient evaluative and
crisis-intervention
mental health services;
(g) Medical or psychological treatment and referral
services
for alcohol and drug abuse or addiction;
(h) Home health services;
(i) Prescription drug services;
(k) Services of a dietitian licensed under
Chapter 4759. of
the Revised Code;
(l) Physical therapy services;
(m) Chiropractic services;
(n) Any other category of services approved by the
superintendent of insurance.
(2) If a health insuring corporation offers prescription
drug
services under this division, the coverage shall include
prescription drug services for the treatment of biologically based
mental illnesses on the same terms and conditions as other
physical diseases and disorders.
(C) "Specialty health care services" means one of the
supplemental health care services listed in division
(B) of this
section, when provided by a health
insuring corporation on an
outpatient-only basis and not in
combination with other
supplemental health care services.
(D) "Biologically based mental illnesses" means
schizophrenia, schizoaffective disorder, major depressive
disorder, bipolar disorder, paranoia and other psychotic
disorders, obsessive-compulsive disorder, and panic disorder, as
these terms are defined in the most recent edition of the
diagnostic and statistical manual of mental disorders published by
the American psychiatric association.
(E) "Children's buy-in program" has the same meaning as in
section 5101.5211 of the Revised Code.
(F) "Closed panel plan" means a health care plan that
requires enrollees to use participating providers.
(G) "Compensation" means remuneration for the
provision of
health care services, determined on other than a
fee-for-service
or discounted-fee-for-service basis.
(H) "Contractual
periodic prepayment" means the formula
for
determining the premium rate for all subscribers of a health
insuring
corporation.
(I) "Corporation" means
a corporation formed under Chapter
1701. or 1702. of the
Revised
Code or the similar laws of another
state.
(J) "Emergency health
services" means those health care
services that must be
available on a seven-days-per-week,
twenty-four-hours-per-day
basis in order to prevent jeopardy to an
enrollee's health
status that would occur if such services were
not received as
soon as possible, and includes, where appropriate,
provisions
for transportation and indemnity payments or service
agreements
for out-of-area coverage.
(K) "Enrollee" means any
natural person who is entitled to
receive health care benefits
provided by a health insuring
corporation.
(L) "Evidence of
coverage" means any certificate,
agreement,
policy, or contract
issued to a subscriber that sets
out the
coverage and other
rights to which such person is entitled
under
a health care
plan.
(M) "Health care
facility" means any facility, except a
health care
practitioner's office, that provides preventive,
diagnostic,
therapeutic, acute convalescent, rehabilitation,
mental health,
mental retardation, intermediate care, or skilled
nursing
services.
(N) "Health care
services" means basic, supplemental, and
specialty health
care services.
(O) "Health delivery
network" means any group of providers
or health care facilities,
or both, or any representative thereof,
that have entered into an agreement to
offer health
care services
in a panel rather than on an individual
basis.
(P) "Health insuring
corporation" means a corporation, as
defined in division (I) of this
section, that, pursuant to a
policy, contract,
certificate, or agreement, pays for, reimburses,
or provides,
delivers, arranges for, or otherwise makes available,
basic
health care services, supplemental health care services, or
specialty health care services, or a combination of basic health
care services and either supplemental health care services or
specialty
health care services, through either an open panel plan
or a closed panel
plan.
"Health insuring
corporation" does not include a limited
liability company formed
pursuant to Chapter 1705. of
the Revised
Code,
an insurer licensed under
Title
XXXIX of the
Revised
Code if
that insurer offers
only open panel plans under which all
providers and health care
facilities participating receive their
compensation directly
from the insurer, a corporation formed by
or
on behalf of a political subdivision or a department, office,
or
institution of the state, or a public entity formed by or on
behalf of
a board of county commissioners, a county
board of
mental retardation and developmental disabilities,
an
alcohol and
drug
addiction services board, a board of alcohol, drug addiction,
and mental health services, or a community mental health board,
as
those terms are used in Chapters 340. and 5126. of the
Revised
Code.
Except as provided by division (D)
of section 1751.02 of
the
Revised
Code, or as
otherwise provided by law, no
board,
commission,
agency, or other entity under the control of a
political
subdivision may accept insurance risk in providing for
health
care services. However, nothing in this division shall be
construed as prohibiting such entities from purchasing the
services of a health insuring corporation or a third-party
administrator licensed under Chapter 3959. of the Revised
Code.
(Q) "Intermediary
organization" means a health delivery
network or other entity
that contracts with licensed health
insuring corporations or self-insured
employers, or both, to
provide health care services, and that enters into
contractual
arrangements with other entities for the provision
of health care
services for the purpose of fulfilling the terms
of its contracts
with the health insuring corporations and self-insured
employers.
(R) "Intermediate care"
means residential care above the
level of room and board for
patients who require personal
assistance and health-related
services, but who do not require
skilled nursing care.
(S) "Medicaid" has the same meaning as in section 5111.01
of
the Revised Code.
(T) "Medical record"
means the personal information that
relates to an individual's
physical or mental condition, medical
history, or medical
treatment.
(U) "Medicare" means the program established under Title
XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C.
1395, as amended.
(V)(1) "Open panel plan" means a health care plan that
provides
incentives for enrollees to use participating providers
and that also allows
enrollees to use providers that are not
participating providers.
(2) No health insuring corporation may offer an open
panel
plan, unless the health insuring corporation is also
licensed as
an insurer under Title XXXIX of the
Revised Code, the health
insuring corporation, on June 4,
1997,
holds a certificate of
authority or license to
operate under Chapter 1736. or 1740. of
the Revised Code, or an insurer licensed under
Title XXXIX of the
Revised Code is
responsible for the out-of-network risk as
evidenced by both an evidence of
coverage filing under section
1751.11
of the Revised Code and a policy and
certificate filing
under section 3923.02 of the
Revised Code.
(W) "Panel" means a group of providers or health care
facilities that have joined together to deliver health care
services through a contractual arrangement with a health
insuring
corporation, employer group, or other payor.
(X) "Person" has the same meaning as in section 1.59 of
the
Revised Code, and, unless the context otherwise requires,
includes
any insurance company holding a certificate of authority
under
Title XXXIX of the Revised Code, any
subsidiary and
affiliate of
an insurance company, and any government
agency.
(Y) "Premium rate" means any set fee
regularly paid by a
subscriber to a health insuring corporation. A "premium
rate" does
not include a one-time membership fee, an annual
administrative
fee, or a nominal access fee, paid to a managed
health care system
under which the recipient of health care
services remains solely
responsible for any charges accessed for
those services by the
provider or health care facility.
(Z) "Primary care
provider" means a provider that is
designated by a health
insuring corporation to supervise,
coordinate, or provide
initial care or continuing care to an
enrollee, and that may be
required by the health insuring
corporation to initiate a
referral for specialty care and to
maintain supervision of the
health care services rendered to the
enrollee.
(AA) "Provider" means any
natural person or partnership of
natural persons who are
licensed, certified, accredited, or
otherwise authorized in this
state to furnish health care
services, or any professional
association organized under Chapter
1785. of the Revised
Code, provided that nothing in
this chapter
or other provisions of law shall be construed to
preclude a health
insuring corporation, health care
practitioner, or organized
health care group associated with a
health insuring corporation
from employing certified nurse practitioners,
certified nurse
anesthetists, clinical nurse specialists, certified nurse
midwives, dietitians, physician assistants, dental assistants,
dental
hygienists, optometric technicians, or other allied health
personnel who are licensed, certified, accredited, or otherwise
authorized in this state to furnish health care services.
(BB) "Provider sponsored
organization" means a
corporation,
as defined in division
(I) of this section, that
is at least
eighty per cent owned or
controlled
by one or more
hospitals, as
defined in section 3727.01 of the
Revised Code, or
one or more
physicians licensed
to practice medicine or surgery or
osteopathic medicine and
surgery under Chapter 4731. of the
Revised
Code, or any combination of such physicians and
hospitals.
Such control is presumed to exist if at least eighty per cent
of
the voting rights or governance rights of a provider
sponsored
organization are directly or indirectly owned,
controlled, or
otherwise held by any combination of the
physicians and hospitals
described in this division.
(CC) "Solicitation document" means the written materials
provided
to prospective subscribers or enrollees, or both, and
used for advertising and
marketing to induce enrollment in the
health care plans of a
health insuring corporation.
(DD) "Subscriber" means a
person who is responsible for
making payments to a health
insuring corporation for participation
in a health care plan, or
an enrollee whose employment or other
status is the basis of
eligibility for enrollment in a health
insuring corporation.
(EE) "Urgent care
services" means those health care
services
that are
appropriately provided for an unforeseen
condition of a
kind
that usually requires medical attention
without delay but
that
does not pose a threat to the life, limb,
or permanent
health of
the injured or ill person,
and may include
such health
care services provided
out of the health insuring
corporation's
approved service area
pursuant to indemnity payments
or service
agreements.
Sec. 1751.02. (A) Notwithstanding any law in this state to
the
contrary, any
corporation, as defined in section 1751.01 of
the
Revised Code, may apply to the
superintendent of insurance for
a certificate of authority to
establish and operate a health
insuring corporation. If the corporation
applying for a
certificate of authority is a
foreign corporation domiciled in a
state without laws
similar to those of this chapter,
the
corporation must form a domestic corporation to apply for, obtain,
and
maintain a certificate of authority under this chapter.
(B) No person shall
establish, operate, or perform the
services of a health insuring corporation
in this state
without
obtaining a certificate of authority under this
chapter.
(C) Except as provided by division (D) of this section,
no
political subdivision or department, office, or
institution of
this state, or corporation formed by or on behalf of any
political
subdivision or department, office, or institution of this state,
shall establish, operate, or perform the services of a health
insuring
corporation.
Nothing in this
section shall be construed
to preclude a board of county
commissioners, a county board of
mental retardation and
developmental disabilities, an alcohol and
drug addiction
services board, a board of alcohol, drug addiction,
and mental
health services, or a community mental health board, or
a public
entity formed by or on behalf of any of these boards,
from using
managed care techniques in carrying out the board's or
public
entity's duties pursuant to the requirements of
Chapters
307., 329., 340., and
5126. of the Revised
Code. However, no such
board
or public entity may operate so as to compete in the private
sector with health insuring corporations holding certificates of
authority under this chapter.
(D) A corporation formed by or on behalf of a publicly owned,
operated, or funded hospital or health care facility may apply to
the
superintendent for
a certificate of authority under division
(A) of this section to
establish and operate a health insuring
corporation.
(E) A health insuring
corporation shall operate in this state
in compliance with this
chapter and Chapter 1753. of the Revised
Code, and with sections
3702.51 to 3702.62 of the
Revised
Code,
and shall operate in
conformity with its filings with the
superintendent under this
chapter, including filings made pursuant
to sections 1751.03,
1751.11, 1751.12, and 1751.31 of the
Revised
Code.
(F) An insurer licensed under Title XXXIX of
the
Revised Code
need not obtain a certificate of
authority as a health insuring
corporation to offer an open
panel plan as long as the providers
and health care facilities
participating in the open panel plan
receive their compensation
directly from the insurer. If the
providers and health care
facilities participating in the open
panel plan receive their
compensation from any person other than
the insurer, or if the
insurer offers a closed panel plan, the
insurer must obtain a
certificate of authority as a health
insuring corporation.
(G) An intermediary
organization need not obtain a
certificate of authority as a
health insuring corporation,
regardless of the method of reimbursement to the
intermediary
organization,
as long as a health insuring
corporation or a
self-insured employer maintains the ultimate responsibility
to
assure delivery of all health care services required by the
contract
between the health insuring corporation and the
subscriber and
the laws of this state or between the self-insured
employer and its
employees.
Nothing in this section shall be construed to require any
health care facility, provider, health delivery network, or
intermediary organization that contracts with a health insuring
corporation or self-insured employer, regardless of the method
of
reimbursement to the health care facility, provider, health
delivery network, or intermediary organization, to obtain a
certificate of authority as a health insuring corporation under
this chapter, unless otherwise provided, in the case of
contracts
with a self-insured employer, by operation of the
"Employee
Retirement
Income
Security
Act of 1974," 88
Stat. 829, 29
U.S.C.A.
1001, as amended.
(H) Any health delivery
network doing business in this state,
including any
health delivery network that is functioning as an
intermediary organization
doing business in this
state, that is
not required to
obtain a certificate of authority under this
chapter shall
certify to the superintendent annually, not later
than the
first day of July, and shall
provide a statement signed
by the highest ranking official which
includes the following
information:
(1) The health delivery network's full name and the
address
of its principal place of business;
(2) A statement that the health delivery network is not
required to obtain a certificate of authority under this chapter
to conduct its business.
(I) The superintendent
shall not issue a certificate of
authority to a health insuring
corporation that is a provider
sponsored organization unless all
health care plans to be offered
by the health insuring
corporation provide basic health care
services.
Substantially all of the physicians and hospitals with
ownership or control of the provider sponsored organization, as
defined in
section 1751.01 of the Revised
Code, shall also be
participating providers for the provision of basic health care
services for health care plans offered by the provider sponsored
organization. If a health insuring corporation that is a
provider
sponsored organization offers health care plans that do
not
provide basic health care services, the health insuring
corporation shall be deemed, for purposes of section 1751.35 of
the Revised Code, to have failed to substantially
comply with this
chapter.
Except as specifically provided in this division and in
division
(A) of section 1751.28 of the Revised Code,
the
provisions of this chapter shall apply to all health insuring
corporations
that are provider sponsored organizations in the same
manner that these
provisions apply to all health insuring
corporations that are not provider
sponsored organizations.
(J) Nothing in this section shall be construed to apply to
any
multiple employer welfare arrangement operating pursuant to
Chapter
1739. of the Revised Code.
(K) Any person who
violates division (B) of this
section, and
any health delivery network that fails to comply
with division (H)
of this
section, is subject to the penalties set forth in section
1751.45 of the Revised
Code.
Sec. 2108.521. (A) If a mentally retarded person or a
developmentally disabled person dies, if the department of mental
retardation and developmental disabilities or a county board of
mental retardation and developmental disabilities has a good faith
reason to believe that the deceased person's death occurred under
suspicious circumstances, if the coroner was apprised of the
circumstances of the death, and if the coroner after being so
apprised of the circumstances declines to conduct an autopsy, the
department or the board may file a petition in a court of common
pleas seeking an order authorizing an autopsy or post-mortem
examination under this section.
(B) Upon the filing of a petition under division (A) of this
section, the court may conduct, but is not required to conduct, a
hearing on the petition. The court may determine whether to grant
the petition without a hearing. The department or board, and all
other interested parties, may submit information and statements to
the court that are relevant to the petition, and, if the court
conducts a hearing, may present evidence and testimony at the
hearing. The court shall order the requested autopsy or
post-mortem examination if it finds that, under the circumstances,
the department or board has demonstrated a need for the autopsy or
post-mortem examination. The court shall order an autopsy or
post-mortem examination in the circumstances specified in this
division regardless of whether any consent has been given, or has
been given and withdrawn, under section 2108.50 of the Revised
Code, and regardless of whether any information was presented to
the coroner pursuant to section 313.131 of the Revised Code or to
the court under this section regarding an autopsy being contrary
to the deceased person's religious beliefs.
(C) An autopsy or post-mortem examination ordered under this
section may be performed upon the body of the deceased person by a
licensed physician or surgeon. The court may identify in the order
the person who is to perform the autopsy or post-mortem
examination. If an autopsy or post-mortem examination is ordered
under this section, the department or board that requested the
autopsy or examination shall pay the physician or surgeon who
performs the autopsy or examination for costs and expenses
incurred in performing the autopsy or examination.
Sec. 2151.421. (A)(1)(a) No person described in division
(A)(1)(b) of this section who is acting in an
official or
professional capacity and knows, or has reasonable cause to
suspect based on facts that would cause a reasonable person in a
similar position to suspect, that a child under
eighteen years of
age or a mentally
retarded, developmentally
disabled, or
physically impaired child under
twenty-one years of
age has
suffered or faces a
threat of suffering any physical or
mental
wound, injury,
disability, or condition of a nature that
reasonably indicates
abuse or neglect of the child shall fail to
immediately report
that knowledge or reasonable cause to suspect
to the entity or
persons specified in this division. Except as
provided in section
5120.173 of the Revised Code, the person
making the report shall
make it to the public
children services
agency or a municipal or
county peace officer in
the county in
which the child resides or
in which the abuse or
neglect is
occurring or has occurred.
In the
circumstances described in
section 5120.173 of the Revised Code,
the person making the report
shall make it to the entity specified
in that section.
(b) Division (A)(1)(a)
of this section applies to any person
who is an attorney;
physician, including a hospital intern or
resident; dentist;
podiatrist; practitioner of a limited branch of
medicine
as specified in section 4731.15 of the Revised
Code;
registered nurse;
licensed practical nurse; visiting nurse; other
health care
professional; licensed psychologist; licensed school
psychologist; independent marriage and family therapist or
marriage and family therapist; speech pathologist or audiologist;
coroner;
administrator or employee of a child day-care center;
administrator or
employee of a residential camp or child day camp;
administrator or employee of a certified child care agency or
other public or private children services agency; school
teacher;
school employee; school authority; person engaged in
social work
or the practice of professional counseling; agent of a county
humane society; person, other than a cleric, rendering
spiritual
treatment through prayer in
accordance with the tenets
of a
well-recognized religion; employee of a county department of job
and family services who is a professional and who works with
children and families; superintendent, board member, or
employee
of a county board of mental retardation developmental
disabilities; investigative
agent
contracted with by a county
board of mental retardation developmental disabilities;
employee
of the department of mental retardation and developmental
disabilities; employee of a facility or home that provides respite
care in accordance with section 5123.171 of the Revised Code;
employee of a home health agency; employee of an entity that
provides homemaker services; a person performing the duties of an
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;
or third party employed by a public children services agency to
assist in providing child or family related services.
(2) Except as provided in division (A)(3) of this section, an
attorney or a physician is not required to make a
report
pursuant
to division (A)(1) of this section concerning any
communication
the attorney or physician
receives from a
client or
patient in an
attorney-client or physician-patient
relationship,
if, in
accordance with division (A) or (B)
of section
2317.02 of
the
Revised Code, the attorney or physician could not
testify with
respect to that communication in a civil or criminal proceeding.
(3) The client or patient in an attorney-client or
physician-patient relationship described in division (A)(2) of
this section is deemed to have waived any
testimonial
privilege
under division (A) or (B) of section 2317.02
of the
Revised
Code
with respect to any communication the attorney or physician
receives from the client or patient in that attorney-client or
physician-patient relationship, and the
attorney or physician
shall
make a report pursuant to division
(A)(1) of this section
with
respect to that communication, if all
of the following apply:
(a) The client or patient, at the time of the communication,
is
either a child under eighteen years of age or a
mentally
retarded, developmentally disabled, or
physically impaired person
under twenty-one
years of age.
(b) The attorney or physician knows, or has reasonable cause
to suspect based on facts that would cause a reasonable person in
similar position to suspect, as a result
of the
communication or
any observations made during that
communication,
that the client
or patient has suffered or faces a
threat of suffering
any
physical or mental wound, injury,
disability, or condition of a
nature that reasonably indicates
abuse or neglect of the client or
patient.
(c) The abuse or neglect
does not
arise out of
the client's
or patient's attempt to have an
abortion without the
notification
of her parents, guardian, or
custodian in accordance with section
2151.85 of the Revised Code.
(4)(a) No cleric and no person, other than a volunteer,
designated by any church, religious society, or faith acting as a
leader, official, or delegate on behalf of the church, religious
society, or faith who is acting in an official or professional
capacity, who knows, or has reasonable cause to believe based on
facts that would cause a reasonable person in a similar position
to believe, that a child under eighteen years of age or a mentally
retarded, developmentally disabled, or physically impaired child
under twenty-one years of age has suffered or faces a threat of
suffering any physical or mental wound, injury, disability, or
condition of a nature that reasonably indicates abuse or neglect
of the child, and who knows, or has reasonable cause to believe
based on facts that would cause a reasonable person in a similar
position to believe, that another cleric or another person, other
than a volunteer, designated by a church, religious society, or
faith acting as a leader, official, or delegate on behalf of the
church, religious society, or faith caused, or poses the threat of
causing, the wound, injury, disability, or condition that
reasonably indicates abuse or neglect shall fail to immediately
report that knowledge or reasonable cause to believe to the entity
or persons specified in this division. Except as provided in
section 5120.173 of the Revised Code, the person making the report
shall make it to the public children services agency or a
municipal or county peace officer in the county in which the child
resides or in which the abuse or neglect is occurring or has
occurred. In the circumstances described in section 5120.173 of
the Revised Code, the person making the report shall make it to
the entity specified in that section.
(b) Except as provided in division (A)(4)(c) of this section,
a cleric is not required to make a report pursuant to division
(A)(4)(a) of this section concerning any communication the cleric
receives from a penitent in a cleric-penitent relationship, if, in
accordance with division (C) of section 2317.02 of the Revised
Code, the cleric could not testify with respect to that
communication in a civil or criminal proceeding.
(c) The penitent in a cleric-penitent relationship described
in division (A)(4)(b) of this section is deemed to have waived any
testimonial privilege under division (C) of section 2317.02 of the
Revised Code with respect to any communication the cleric receives
from the penitent in that cleric-penitent relationship, and the
cleric shall make a report pursuant to division (A)(4)(a) of this
section with respect to that communication, if all of the
following apply:
(i) The penitent, at the time of the communication, is either
a child under eighteen years of age or a mentally retarded,
developmentally disabled, or physically impaired person under
twenty-one years of age.
(ii) The cleric knows, or has reasonable cause to believe
based on facts that would cause a reasonable person in a similar
position to believe, as a result of the communication or any
observations made during that communication, the penitent has
suffered or faces a threat of suffering any physical or mental
wound, injury, disability, or condition of a nature that
reasonably indicates abuse or neglect of the penitent.
(iii) The abuse or neglect does not arise out of the
penitent's attempt to have an abortion performed upon a child
under eighteen years of age or upon a mentally retarded,
developmentally disabled, or physically impaired person under
twenty-one years of age without the notification of her parents,
guardian, or custodian in accordance with section 2151.85 of the
Revised Code.
(d) Divisions (A)(4)(a) and (c) of this section do not apply
in a cleric-penitent relationship when the disclosure of any
communication the cleric receives from the penitent is in
violation of the sacred trust.
(e) As used in divisions (A)(1) and (4) of this section,
"cleric" and "sacred trust" have the same meanings as in section
2317.02 of the Revised Code.
(B)
Anyone
who knows, or has reasonable cause to suspect
based on facts that would cause a reasonable person in similar
circumstances to suspect, that a child under
eighteen
years of age
or
a mentally
retarded, developmentally disabled, or
physically
impaired person
under twenty-one years of age has
suffered or
faces a
threat of suffering any physical or mental
wound, injury,
disability, or other condition of a nature that
reasonably
indicates abuse or neglect of the child may report or
cause
reports to be made of that knowledge or reasonable cause to
suspect
to the
entity or persons specified in this division.
Except as provided
in section 5120.173 of the Revised Code, a
person making a report
or causing a report to be made under this
division shall make it
or cause it to be made to the public
children services agency or
to a municipal
or
county peace
officer.
In the circumstances
described in section 5120.173 of the
Revised Code, a person making
a report or causing a report to be
made under this division shall
make it or cause it to be made to
the entity specified in that
section.
(C) Any report made pursuant to division (A) or (B) of
this
section shall be made forthwith either by telephone or in person
and shall be followed by a written report, if requested
by the
receiving agency or officer. The written report shall
contain:
(1) The names and addresses of the child and the child's
parents
or the person or persons having custody of the child, if
known;
(2) The child's age and the nature and extent of the
child's
injuries, abuse, or neglect that is known or reasonably suspected
or believed, as applicable, to have occurred or of the
threat of
injury, abuse, or neglect that is known or reasonably suspected or
believed, as applicable, to exist, including
any
evidence of
previous injuries, abuse, or neglect;
(3) Any other information that might be helpful in
establishing the cause of the injury, abuse,
or
neglect that is
known or reasonably suspected or believed, as applicable, to have
occurred or of the threat of injury, abuse,
or
neglect that is
known or reasonably suspected or believed, as applicable, to
exist.
Any person, who is required by division (A) of this section
to report child abuse or child neglect that is known or reasonably
suspected or believed to have occurred, may
take or cause to be
taken color photographs of areas of trauma
visible on a child and,
if medically indicated, cause to be
performed radiological
examinations of the child.
(D) As used in this division, "children's advocacy center"
and "sexual abuse of a child" have the same meanings as in section
2151.425 of the Revised Code.
(1)
When a municipal or county peace
officer receives a
report concerning the possible
abuse or neglect
of a child or the
possible threat of abuse or
neglect of a child,
upon receipt of
the report, the municipal or county peace officer
who
receives the
report shall refer the report to the appropriate
public children
services
agency.
(2)
When a public children services agency
receives a report
pursuant to this
division or
division (A) or
(B)
of this section,
upon receipt of the report, the public
children
services
agency
shall do both of the following:
(a) Comply with section 2151.422 of
the Revised
Code;
(b) If the county served by the agency is also served by a
children's advocacy center and the report alleges sexual abuse of
a child or another type of abuse of a child that is specified in
the memorandum of understanding that creates the center as being
within the center's jurisdiction, comply regarding the report with
the protocol and procedures for referrals and investigations, with
the coordinating activities, and with the authority or
responsibility for performing or providing functions, activities,
and services stipulated in the interagency agreement entered into
under section 2151.428 of the Revised Code relative to that
center.
(E) No township, municipal, or county peace officer shall
remove a child
about whom a report is made pursuant to this
section from the child's parents,
stepparents, or guardian or any
other persons having custody of the child
without consultation
with the
public children services agency, unless,
in
the judgment
of the officer, and, if the
report was made by physician, the
physician,
immediate removal is considered essential to protect
the child
from further abuse or neglect.
The agency that
must be
consulted shall be the agency conducting the
investigation of the
report as determined pursuant to section
2151.422 of the Revised
Code.
(F)(1) Except as
provided in section 2151.422 of the Revised
Code or in an interagency agreement entered into under section
2151.428 of the Revised Code that applies to the particular
report, the public
children
services agency shall investigate,
within twenty-four
hours, each
report of child
abuse or child
neglect that is known or reasonably suspected or believed to have
occurred and of
a threat of child
abuse or child neglect that is
known or reasonably suspected or believed to exist that
is
referred to it under this section
to determine the
circumstances
surrounding the injuries, abuse, or
neglect or the
threat of
injury, abuse, or neglect, the cause of
the injuries,
abuse,
neglect, or threat, and the person or persons
responsible.
The
investigation shall be made in cooperation with
the law
enforcement agency and in accordance with the memorandum
of
understanding
prepared under
division (J) of this section. A
representative of the public children services agency shall, at
the time of initial contact with the person subject to the
investigation, inform the person of the specific complaints or
allegations made against the person. The information shall be
given in a manner that is consistent with division (H)(1) of this
section and protects the rights of the person making the report
under this section.
A
failure to make the investigation in accordance with the
memorandum is
not grounds for, and shall not result in,
the
dismissal of any charges or complaint arising from the report or
the suppression of any evidence obtained as a result of the
report
and does not give, and shall not be construed as giving,
any
rights or any grounds for appeal or post-conviction relief to
any
person. The public
children
services agency shall report each
case
to the uniform statewide automated child welfare information
system that
the department of job and family
services
shall
maintain in accordance with section 5101.13 of the Revised Code.
The
public children services agency
shall submit a report of its
investigation,
in writing, to the law
enforcement agency.
(2) The public children
services agency shall make any
recommendations to the
county
prosecuting attorney or city
director of law that it considers
necessary to protect any
children that are brought to its
attention.
(G)(1)(a) Except as provided in division (H)(3) of this
section, anyone or any hospital, institution, school, health
department, or agency participating in the making of reports
under
division (A) of this section, anyone or any hospital,
institution,
school, health department, or agency participating
in good faith
in the making of reports under division (B) of this
section, and
anyone participating in good faith in a judicial
proceeding
resulting from the reports, shall be immune from any
civil or
criminal liability for injury, death, or loss to person
or
property that otherwise might be incurred or imposed as a
result
of the making of the reports or the participation in the
judicial
proceeding.
(b) Notwithstanding section 4731.22 of the
Revised Code, the
physician-patient privilege shall not be a
ground for excluding
evidence regarding a child's injuries,
abuse, or neglect, or the
cause of the injuries, abuse, or
neglect in any judicial
proceeding resulting from a report
submitted pursuant to this
section.
(2) In any civil or criminal action or proceeding in which
it
is alleged and proved that participation in the making of a
report
under this section was not in good faith or participation
in a
judicial proceeding resulting from a report made under this
section was not in good faith, the court shall award the
prevailing party reasonable attorney's fees and costs and, if a
civil action or proceeding is voluntarily dismissed, may award
reasonable attorney's fees and costs to the party against whom
the
civil action or proceeding is brought.
(H)(1) Except as provided in divisions (H)(4) and
(M)
of this
section, a report made under this section is confidential.
The
information provided in a report made pursuant to this
section
and
the name of the person who made the report shall not
be
released
for use, and shall not be used, as evidence in any
civil
action or
proceeding brought against the person who made
the
report. In a
criminal proceeding, the report is admissible
in
evidence in
accordance with the Rules of Evidence and is
subject
to discovery
in accordance with the Rules of Criminal
Procedure.
(2) No person shall permit or encourage the unauthorized
dissemination of the contents of any report made under this
section.
(3) A person who knowingly makes or causes another person
to
make a false report under division (B) of this section that
alleges that any person has committed an act or omission that
resulted in a child being an abused child or a neglected child is
guilty of a violation of section 2921.14 of the Revised Code.
(4) If a report is made pursuant to division (A) or
(B) of
this section and the child who is the subject of the report
dies
for any reason at any time after the report is made, but before
the child
attains eighteen years of age, the public
children
services agency or municipal or county peace officer to which the
report was made or referred, on the request of the child fatality
review
board,
shall submit a summary sheet of information
providing a summary of the
report to the review board of the
county in which the deceased
child resided at the time of death.
On the request of the review
board, the agency or peace officer
may, at its discretion, make
the report available to the review
board. If the county served by the public children services agency
is also served by a children's advocacy center and the report of
alleged sexual abuse of a child or another type of abuse of a
child is specified in the memorandum of understanding that creates
the center as being within the center's jurisdiction, the agency
or center shall perform the duties and functions specified in this
division in accordance with the interagency agreement entered into
under section 2151.428 of the Revised Code relative to that
advocacy center.
(5) A public children services agency shall advise
a person
alleged to have inflicted abuse or neglect on a child
who is the
subject of a report made pursuant to this section, including a
report alleging sexual abuse of a child or another type of abuse
of a child referred to a children's advocacy center pursuant to an
interagency agreement entered into under section 2151.428 of the
Revised Code, in writing
of
the
disposition of the investigation.
The agency shall not
provide to the person
any information that
identifies the
person
who made the report, statements of
witnesses, or police or other
investigative reports.
(I) Any report that is required by this section, other than
a
report that is made to the state highway patrol as described in
section 5120.173 of the Revised Code, shall
result
in protective
services and emergency supportive services
being
made available by
the public children services
agency on behalf of
the children
about whom
the report is made, in an effort to
prevent further
neglect or
abuse, to enhance their welfare, and,
whenever
possible, to
preserve the family unit intact.
The agency
required
to provide the services shall be the agency conducting
the
investigation of the report pursuant to section 2151.422 of
the
Revised
Code.
(J)(1) Each public children services agency shall prepare
a
memorandum of understanding that is signed by all of the
following:
(a) If there is
only one juvenile judge in the county, the
juvenile judge of the
county or the juvenile judge's
representative;
(b) If there is more than
one juvenile
judge in the county,
a
juvenile judge or the
juvenile judges' representative selected
by
the juvenile judges
or, if they are unable to do so for any
reason, the juvenile judge who is
senior in point of
service or
the senior juvenile judge's representative;
(c) The county
peace officer;
(d) All
chief municipal peace officers within the county;
(e) Other law enforcement officers handling child abuse and
neglect cases in the county;
(f) The prosecuting
attorney of the county;
(g) If the public children services agency is not the county
department of
job and family services, the county department of
job and family services;
(h) The county humane society;
(i) If the public children services agency participated in
the execution of a memorandum of understanding under section
2151.426 of the Revised Code establishing a children's advocacy
center, each participating member of the children's advocacy
center established by the memorandum.
(2) A memorandum of understanding shall set forth the normal
operating procedure to be employed by
all concerned officials in
the execution of their respective
responsibilities under this
section and division (C) of section
2919.21, division (B)(1) of
section 2919.22, division (B) of
section 2919.23, and section
2919.24 of the Revised Code and
shall have as two of its primary
goals the elimination of all
unnecessary interviews of children
who are the subject of reports
made pursuant to division (A) or
(B) of this section and, when
feasible, providing for only one
interview of a child who is the
subject of any report made
pursuant to division (A) or (B) of
this section. A failure to
follow the procedure set forth in the
memorandum by
the concerned
officials is not grounds for, and shall not result in, the
dismissal of any charges or complaint arising from any reported
case of abuse or neglect or the suppression of any evidence
obtained as a result of any reported child abuse or child neglect
and does not give, and shall not be construed as giving, any
rights or any grounds for appeal or post-conviction relief to any
person.
(3) A memorandum of understanding shall include all of the
following:
(a) The roles
and responsibilities for handling emergency
and
nonemergency cases of abuse and neglect;
(b) Standards and procedures to be used in handling and
coordinating investigations of reported cases of child abuse and
reported cases of child neglect, methods to be used in
interviewing the child who is the subject of the report and who
allegedly was abused or neglected, and standards and procedures
addressing the categories of persons who may interview the child
who is the subject of the report and who allegedly was abused or
neglected.
(4) If a public children services agency participated in the
execution of a memorandum of understanding under section 2151.426
of the Revised Code establishing a children's advocacy center, the
agency shall incorporate the contents of that memorandum in the
memorandum prepared pursuant to this section.
(5) The clerk of the court of common pleas in the county may
sign the memorandum of understanding prepared under division
(J)(1) of this section. If the clerk signs the memorandum of
understanding, the clerk shall execute all relevant
responsibilities as required of officials specified in the
memorandum.
(K)(1) Except as provided in division
(K)(4) of this
section,
a person who is required to make
a report pursuant to
division (A)
of this section may
make a reasonable number of
requests of the
public children services
agency that receives or
is
referred the
report, or of the children's advocacy center that is referred the
report if the report is referred to a children's advocacy center
pursuant to an interagency agreement entered into under section
2151.428 of the Revised Code, to be provided with
the following
information:
(a) Whether the agency or center has initiated an
investigation of the
report;
(b) Whether the agency or center is continuing to
investigate
the
report;
(c) Whether the agency or center is otherwise
involved
with
the child
who is the subject of the report;
(d) The general status of the health and safety of the
child
who is the subject of the report;
(e) Whether the report has resulted in the filing of a
complaint in juvenile court or of criminal charges in another
court.
(2) A person may request the information specified in
division (K)(1) of this
section only if, at the time the report is
made, the person's name, address,
and telephone number are
provided to the person who receives the report.
When a municipal or county peace officer or employee of a
public children services
agency
receives a report pursuant to
division (A) or
(B) of this section the recipient of the report
shall inform the person of the
right to request the
information
described in division (K)(1) of this section. The recipient of
the
report shall include in the initial child abuse or child
neglect
report that the person making the report was so informed
and, if
provided at the time of the making of the report, shall
include
the person's name, address, and telephone number in the
report.
Each request is subject to verification of the identity of
the person making
the
report. If that person's
identity is
verified, the agency shall
provide the person with
the information
described in division (K)(1) of this section
a reasonable number
of times, except that the agency shall not disclose
any
confidential information
regarding the child who is the subject of
the report other than
the information described in those
divisions.
(3) A request made pursuant to division (K)(1) of this
section is not a
substitute for any report required to be made
pursuant to division (A) of this
section.
(4) If an agency other than the agency that
received or was
referred the report is conducting the
investigation of the report
pursuant to section 2151.422 of the
Revised
Code, the agency
conducting the
investigation shall comply with the requirements of
division
(K) of this section.
(L) The director of job and
family services shall
adopt
rules
in accordance
with Chapter 119. of the Revised Code to
implement
this section. The department of job and family services
may
enter
into a
plan of cooperation with
any other governmental
entity to
aid in ensuring that children
are protected from abuse
and
neglect. The department shall make
recommendations to the
attorney
general that the department
determines are necessary to
protect
children from child abuse and
child neglect.
(M)(1) As used in this division:
(a) "Out-of-home care" includes a nonchartered nonpublic
school if the alleged child abuse or child neglect, or alleged
threat of child abuse or child neglect, described in a report
received by a public children services agency allegedly occurred
in or involved the nonchartered nonpublic school and the alleged
perpetrator named in the report holds a certificate, permit, or
license issued by the state board of education under section
3301.071 or Chapter 3319. of the Revised Code.
(b) "Administrator, director, or other chief administrative
officer" means the superintendent of the school district if the
out-of-home care entity subject to a report made pursuant to this
section is a school operated by the district.
(2) No later than the end of the day
following the day on
which a public children services agency
receives a report of
alleged child abuse or child
neglect, or a report of an alleged
threat of child abuse or child
neglect, that allegedly occurred in
or involved an out-of-home
care entity, the agency shall provide
written notice
of the allegations contained in and the person
named as the alleged
perpetrator in the report to the
administrator, director, or other chief
administrative officer of
the out-of-home care entity that is the
subject of the report
unless the administrator, director, or
other chief administrative
officer is named as an alleged
perpetrator in the report. If the
administrator, director, or
other chief administrative officer of
an out-of-home care entity
is named as an alleged perpetrator in a
report of alleged child
abuse or child neglect, or a report of an
alleged threat of child
abuse or child neglect, that allegedly
occurred in or involved
the out-of-home care entity, the agency
shall provide the written notice
to
the owner or governing board
of the out-of-home care entity that
is the subject of the report.
The agency
shall not provide
witness statements or police or other
investigative reports.
(3) No later than three days after the day on
which a public
children services agency that
conducted the investigation as
determined pursuant to section 2151.422
of the Revised Code makes
a
disposition of an investigation involving a report of alleged
child abuse or child neglect, or a report of an alleged threat of
child abuse or child neglect, that allegedly occurred in or
involved an out-of-home care entity, the
agency
shall send written
notice of the disposition of the
investigation to the
administrator, director, or other chief
administrative officer and
the owner or governing board of the
out-of-home care entity. The
agency shall
not provide witness
statements or police or other
investigative reports.
Sec. 3109.18. (A)(1) A board of county
commissioners may
establish a child abuse and child
neglect prevention advisory
board or may designate the
county family and
children first
council to serve as the child abuse and child neglect
prevention
advisory board. The boards of county commissioners of
two or more
contiguous counties may instead form a multicounty district
to be
served by a child abuse and child neglect
prevention advisory
board
or may designate a regional family and children first
council to
serve as the district child abuse and child neglect
prevention advisory
board. Each advisory board shall meet at
least
twice a year.
(2) The county auditor is hereby designated as the auditor
and
fiscal officer of the advisory board. In the case of a
multicounty
district, the boards of county commissioners that
formed the
district shall designate the auditor of one of the
counties as the
auditor and fiscal officer of the advisory board.
(B) Each county that establishes an advisory board or, in a
multicounty district, the auditor who has been
designated as
the
auditor and fiscal
officer of the advisory
board,
shall establish
a fund in the county
treasury known as the
county
or district
children's trust fund.
The auditor
shall
deposit all funds
received from the
children's trust fund
board
into that fund, and
the auditor shall
distribute money from
the
fund at the request of
the advisory
board.
(C) Each January, the board of county commissioners of a
county
that has established an advisory board or, in a multicounty
district, the board of county commissioners of the county served
by the
auditor who has been designated as the auditor and fiscal
officer for the
advisory board, shall appropriate the amount
described in division
(B)(2) of section 3109.17 of the Revised
Code for
distribution by
the advisory board to child abuse and
child neglect prevention
programs.
(D)(1) Except in the case of a county or regional
family and
children first council that is designated to serve as a
child
abuse and child neglect prevention advisory board, each
advisory
board shall
consist of an odd number of members from both
the
public and
private sectors,
including all of the following:
(a) A representative of an agency responsible for the
administration of children's services in the county or district;
(b) A provider of alcohol or drug addiction services or a
representative of a board of alcohol, drug addiction, and mental
health
services that serves the
county or district;
(c) A provider of mental health services or a representative
of a
board of alcohol, drug addiction, and mental health services
that serves
the county or district;
(d) A representative of a county board of mental retardation
and
developmental disabilities that serves the county or district;
(e) A representative of the educational community appointed
by
the superintendent of the school district with largest
enrollment in the
county or multicounty district.
(2) The following groups and entities may be represented on
the
advisory board:
(b) Juvenile justice officials;
(c) Pediatricians, health department nurses, and other
representatives of the medical community;
(e) Counselors
and social workers;
(g) Child care providers;
(h) Other
persons with demonstrated
knowledge in programs
for
children.
(3) Of the members first appointed, at least one
shall serve
for a term of three years, at least one for a term of
two years,
and at least one for a term of one year. Thereafter,
each member
shall serve a term of three years. Each member shall
serve until
the member's successor is appointed. All
vacancies on the
board
shall be filled for the balance of the unexpired term in
the same
manner as the original appointment.
(E) Each child abuse and child neglect prevention advisory
board may incur reasonable
costs not to exceed five per cent of
the
funds
allocated to
the county or district under section
3109.17 of the
Revised Code,
for the purpose of carrying out the
functions of the
advisory
board.
(F) Each child abuse and child
neglect prevention advisory
board shall do all of the following:
(1) For each fiscal biennium, develop a local
allocation plan
for the purpose
of preventing child abuse and child neglect
and
submit the plan to
the children's trust fund board on or before
the first day of April preceding the fiscal year for which the
plan is developed;
(2)
Provide effective public notice, as defined by the
children's trust fund board in the state plan or, if the board
does not define the term in the state plan, as defined in
rules
adopted by the department of job and family services, to
potential
applicants about the availability of
funds from the
children's
trust fund, including an estimate of the amount of
money available
for grants within each county or district, the
date of at least
one public hearing, information on obtaining a
copy of the grant
application form, and the deadline for
submitting
grant
applications;
(3) Review all applications received using
criteria
specified
in the state plan adopted by the board under
section 3109.17 of
the Revised Code;
(4) Consistent with the local allocation plan developed
pursuant to
division
(F)(1) of this section, make grants to child
abuse and child
neglect prevention programs.
(5) Establish any reporting requirements for grant
recipients, in addition to those specified by the children's trust
fund board, and for children's advocacy centers for which funds
are used in accordance with section 3109.172 of the Revised Code.
(G)
A member of a child abuse and child neglect prevention
advisory board shall not participate in the development of a
local
allocation plan under division (F)(1) of this
section if it is
reasonable to expect that the member's judgment
could be affected
by the member's own financial, business,
property, or personal
interest or other conflict of interest. For
purposes of this
division, "conflict of interest" means the
taking
of any action
that violates any applicable provision of
Chapter
102. or 2921. of
the Revised Code. Questions relating to
the
existence of a
conflict of interest pertaining to Chapter
2921. of
the Revised
Code shall be submitted by the advisory board
to the
local
prosecuting attorney for resolution. Questions
relating to
the
existence of a conflict of interest pertaining to
Chapter 102.
of
the Revised Code shall be submitted by the
advisory board to
the
Ohio ethics commission for resolution.
(H) Each advisory
board shall
assist the children's trust
fund
board in monitoring
programs that receive money from the
children's trust fund
and
shall perform such
other duties for the
local administration of
the children's trust
fund as
the
children's trust fund board
requires.
(I) A children's advocacy center for which a child abuse and
child neglect prevention advisory board uses any amount out of the
funds allocated to the advisory board under section 3109.172 of
the Revised Code, as start-up costs for the establishment and
operation of the center, shall use the moneys so received only for
establishment and operation of the center in accordance with
sections 2151.425 to 2151.428 of the Revised Code. Any other
person or entity that is a recipient of a grant from the
children's trust fund
shall use the grant funds only to fund
primary and secondary child
abuse and child
neglect prevention
programs. Any
grant funds that
are not spent
by the
recipient of
the funds within the time
specified by the
terms of
the grant
shall be returned to the
county treasurer. Any
grant funds
returned that
are not
redistributed by the advisory
board within
the
state fiscal year in which they
are received
shall be returned
to the
treasurer
of state. The
treasurer of
state shall deposit
such unspent
moneys into the
children's trust
fund to be spent for
purposes
consistent with
the
state plan
adopted under section
3109.17 of
the Revised Code.
(J) Applications for grants from the children's trust
fund
shall be made to the advisory board on forms prescribed by
the
children's trust fund
board.
(K)(1) Each children's advocacy center for which a child
abuse and child neglect prevention advisory board uses any amount
out of the funds allocated to the advisory board under section
3109.172 of the Revised Code, as start-up costs for the
establishment and operation of the center, and each other person
or entity that is a recipient of a children's trust fund grant
from
an advisory board
shall file with the advisory board a copy
of a semi-annual and an
annual report that includes the
information required by the
children's trust fund
board.
(2) Each advisory board shall file with the children's trust
fund board, not later than the fifteenth day of August following
the year for which the report is written, a copy of an annual
report regarding the county or
district local allocation
plan that
contains the
information required by the children's
trust fund
board, and regarding the advisory board's use of any amount out of
the funds allocated to the advisory board under section 3109.172
of the Revised Code as start-up costs for the establishment and
operation of a children's advocacy center.
Sec. 3301.07. The state board of education shall exercise
under the acts of the general assembly general supervision of the
system of public education in the state. In addition to the
powers
otherwise imposed on the state board under the provisions
of law,
the board shall have the following powers:
(A) Exercise policy forming, planning, and evaluative
functions for the public schools of the state, and for adult
education, except as otherwise provided by law;
(B) Exercise leadership in the improvement of public
education in this state, and administer the educational policies
of this state relating to public schools, and relating to
instruction and instructional material, building and equipment,
transportation of pupils, administrative responsibilities of
school officials and personnel, and finance and organization of
school districts, educational service centers, and territory.
Consultative and advisory services in such matters shall be
provided by the board to school districts and educational service
centers of this state. The board also shall develop a standard of
financial reporting which shall be used by all school districts
and educational service centers to make their financial
information available to the public in a format understandable by
the average citizen and provide year-to-year comparisons for at
least five years. The format shall show, among other things,
district and educational service center revenue by source;
expenditures for salaries, wages, and benefits of employees,
showing such amounts separately for classroom teachers, other
employees required to hold licenses issued pursuant to sections
3319.22 to 3319.31 of the Revised Code, and all other employees;
expenditures other than for personnel, by category, including
utilities, textbooks and other educational materials, equipment,
permanent improvements, pupil transportation, extracurricular
athletics, and other extracurricular activities; and per pupil
expenditures.
(C) Administer and supervise the allocation and distribution
of all state and federal funds for public school education under
the provisions of law, and may prescribe such systems of
accounting as are necessary and proper to this function. It may
require county auditors and treasurers, boards of education,
educational service center governing boards, treasurers of such
boards, teachers, and other school officers and employees, or
other public officers or employees, to file with it such reports
as it may prescribe relating to such funds, or to the management
and condition of such funds.
(D) Formulate and prescribe minimum standards to be applied
to all elementary and secondary schools in this state for the
purpose of requiring a general education of high quality. Such
standards shall provide adequately for: the licensing of teachers,
administrators,
and other professional personnel and their
assignment according to
training and qualifications; efficient and
effective instructional
materials and equipment, including library
facilities; the proper
organization, administration, and
supervision of each school,
including regulations for preparing
all necessary records and
reports and the preparation of a
statement of policies and
objectives for each school; buildings,
grounds, health and
sanitary facilities and services; admission of
pupils, and such
requirements for their promotion from grade to
grade as will
assure that they are capable and prepared for the
level of study
to which they are certified; requirements for
graduation; and such
other factors as the board finds necessary.
In the formulation and administration of such standards for
nonpublic schools the board shall also consider the particular
needs, methods and objectives of those schools, provided they do
not conflict with the provision of a general education of a high
quality and provided that regular procedures shall be followed for
promotion from grade to grade of pupils who have met the
educational requirements prescribed.
(E)
May
require as part of the health
curriculum
information
developed under
section 2108.15 of the
Revised Code
promoting the
donation of
anatomical gifts pursuant
to Chapter
2108. of the
Revised Code and
may provide the
information to high
schools,
educational service
centers, and
joint vocational school
district
boards of education;
(F) Prepare and submit annually to the governor and the
general assembly a report on the status, needs, and major problems
of the public schools of the state, with recommendations for
necessary legislative action and a ten-year projection of the
state's public and nonpublic school enrollment, by year and by
grade level;
(G) Prepare and submit to the director of budget and
management the biennial budgetary requests of the state board of
education, for its agencies and for the public schools of the
state;
(H) Cooperate with federal, state, and local agencies
concerned with the health and welfare of children and youth of the
state;
(I) Require such reports from school districts and
educational service centers, school officers, and employees as are
necessary and desirable. The superintendents and treasurers of
school districts and educational service centers shall certify as
to the accuracy of all reports required by law or state board or
state department of education rules to be submitted by the
district or educational service center and which contain
information necessary for calculation of state funding. Any
superintendent who knowingly falsifies such report shall be
subject to license revocation pursuant to section 3319.31 of the
Revised Code.
(J) In accordance with Chapter 119. of the Revised Code,
adopt procedures, standards, and guidelines for the education of
children with disabilities pursuant to Chapter 3323.
of the
Revised
Code, including procedures, standards, and
guidelines
governing
programs and services operated by county
boards of
mental
retardation and developmental disabilities
pursuant to
section
3323.09 of the Revised Code;
(K) For the purpose of encouraging the development of
special
programs of education for academically gifted children,
employ
competent persons to analyze and publish data, promote
research,
advise and counsel with boards of education, and
encourage the
training of teachers in the special instruction of
gifted
children. The board may provide financial assistance out
of any
funds appropriated for this purpose to boards of education
and
educational service center governing boards for developing and
conducting programs of education for academically gifted children.
(L) Require that all public schools emphasize and encourage,
within existing units of study, the teaching of energy and
resource conservation
as recommended to each district board of
education by leading business persons involved in energy
production and conservation, beginning in the primary grades;
(M) Formulate and prescribe minimum standards requiring the
use of phonics as a technique in the teaching of reading in grades
kindergarten through three. In addition, the state board shall
provide in-service training programs for teachers on the use of
phonics as a technique in the teaching of reading in grades
kindergarten through three.
(N) Develop and modify as necessary a state plan for
technology to encourage and promote the use of technological
advancements in educational settings.
The board may adopt rules necessary for carrying out any
function imposed on it by law, and may provide rules as are
necessary for its government and the government of its employees,
and may delegate to the superintendent of public instruction the
management and administration of any function imposed on it by
law. It may provide for the appointment of board members to serve
on temporary committees established by the board for such purposes
as are necessary. Permanent or standing committees shall not be
created.
Sec. 3301.52. As used in sections 3301.52 to 3301.59 of
the
Revised Code:
(A) "Preschool program" means either of the following:
(1) A child care program for preschool children that
is
operated by a school district board of education or an
eligible
nonpublic school.
(2) A child care program for preschool children age
three or
older that is operated by a county MR/DD DD board.
(B) "Preschool child" or "child" means a child who has not
entered kindergarten and is not of compulsory school age.
(C) "Parent, guardian, or custodian" means the person or
government agency that is or will be responsible for a child's
school attendance under section 3321.01 of the Revised Code.
(D) "Superintendent" means the superintendent of a school
district or the chief administrative officer of an eligible
nonpublic school.
(E) "Director" means the director, head teacher,
elementary
principal, or site administrator who is the
individual on site and
responsible for supervision of a
preschool program.
(F) "Preschool staff member" means a preschool employee
whose
primary responsibility is care, teaching, or supervision of
preschool children.
(G) "Nonteaching employee" means a preschool program or
school child program employee whose primary responsibilities are
duties other than care, teaching, and supervision of preschool
children or school children.
(H) "Eligible nonpublic school" means a nonpublic school
chartered as described in division (B)(8) of section 5104.02 of
the Revised Code or chartered by the state board of education for
any combination of grades one through twelve, regardless of
whether it also offers kindergarten.
(I) "County MR/DD DD board" means a county board of mental
retardation and developmental disabilities.
(J) "School child program" means a child care program
for
only school children that is operated by a school district
board
of education, county MR/DD DD board, or eligible nonpublic
school.
(K) "School child" and "child care" have the same
meanings as
in section 5104.01 of the Revised Code.
(L) "School child program staff member" means an employee
whose primary responsibility is the care, teaching, or
supervision
of children in a school child program.
Sec. 3301.53. (A) The state
board of education, in
consultation with the director of job and
family
services, shall
formulate and prescribe by rule adopted
under
Chapter 119. of the
Revised Code minimum standards to be
applied
to preschool programs
operated by school district boards
of
education, county MR/DD DD
boards, or eligible nonpublic
schools.
The rules
shall include
the following:
(1) Standards ensuring that the preschool program is
located
in a safe and convenient facility that accommodates the
enrollment
of the program, is of the quality to support the
growth and
development of the children according to the program
objectives,
and meets the requirements of section 3301.55 of the
Revised Code;
(2) Standards ensuring that supervision, discipline, and
programs will be administered according to established objectives
and procedures;
(3) Standards ensuring that preschool staff members and
nonteaching employees are recruited, employed, assigned,
evaluated, and provided inservice education without
discrimination
on the basis of age, color, national origin, race,
or sex; and
that preschool staff members and nonteaching
employees are
assigned responsibilities in accordance with
written position
descriptions commensurate with their training
and experience;
(4) A requirement that boards of education intending to
establish a preschool program
demonstrate a need for a preschool
program prior to
establishing the program;
(5) Requirements that children participating in preschool
programs have been immunized to the extent considered appropriate
by the state board to prevent the spread of communicable disease;
(6) Requirements that the parents of preschool children
complete the emergency medical authorization form specified in
section 3313.712 of the Revised Code.
(B) The state board of education in consultation with the
director of job and family services shall ensure that the rules
adopted
by
the state board under sections 3301.52 to 3301.58 of
the Revised
Code are consistent with and meet or exceed the
requirements of
Chapter 5104. of the Revised Code with regard to
child day-care
centers. The state board and the director of job
and family services
shall review all such rules at least once
every five years.
(C) The state board of
education, in consultation with the
director of
job and family
services,
shall adopt rules for school
child programs that are
consistent
with and meet or exceed the
requirements of the rules
adopted for
school child day-care
centers under Chapter 5104. of
the Revised
Code.
Sec. 3301.55. (A) A school district, county MR/DD DD board,
or
eligible nonpublic school operating a preschool program shall
house the program in buildings that meet the following
requirements:
(1) The building is operated by the district, county MR/DD DD
board, or eligible nonpublic school and has been approved by the
division
of industrial compliance in the
department of commerce or
a certified municipal,
township, or county building department for
the purpose of
operating a program for preschool children. Any
such structure
shall be constructed, equipped, repaired, altered,
and maintained
in accordance with applicable provisions of
Chapters 3781. and
3791. and with rules adopted by the board of
building standards
under Chapter 3781. of the Revised Code for the
safety and
sanitation of structures erected for this purpose.
(2) The building is in compliance with fire and safety
laws
and regulations as evidenced by reports of annual school
fire and
safety inspections as conducted by appropriate local
authorities.
(3) The school is in compliance with rules established by
the
state board of education regarding school food services.
(4) The facility includes not less than thirty-five square
feet of indoor space for each child in the program. Safe play
space, including both indoor and outdoor play space, totaling not
less than sixty square feet for each child using the space at any
one time, shall be regularly available and scheduled for use.
(5) First aid facilities and space for temporary placement
or
isolation of injured or ill children are provided.
(B) Each school district, county MR/DD DD board, or eligible
nonpublic school that operates, or proposes to operate, a
preschool program shall submit a building plan including all
information specified by the state board of education to the
board
not later than the first day of September of the school
year in
which the program is to be initiated. The board shall
determine
whether the buildings meet the requirements of this
section and
section 3301.53 of the Revised Code, and notify the
superintendent
of its determination. If the board determines, on
the basis of the
building plan or any other information, that the
buildings do not
meet those requirements, it shall cause the
buildings to be
inspected by the department of education. The
department shall
make a report to the superintendent specifying
any aspects of the
building that are not in compliance with the
requirements of this
section and section 3301.53 of the Revised
Code and the time
period that will be allowed the district,
county MR/DD DD board,
or school to meet the requirements.
Sec. 3301.57. (A) For the purpose of improving programs,
facilities, and implementation of the standards promulgated by
the
state board of education under section 3301.53 of the Revised
Code, the state department of education shall provide
consultation
and technical assistance to school districts, county
MR/DD DD
boards, and
eligible nonpublic schools operating
preschool
programs or school child
programs, and inservice training to
preschool staff members,
school child program staff members, and
nonteaching employees.
(B) The department and the school district board of
education, county MR/DD DD board, or eligible nonpublic
school
shall
jointly monitor
each preschool program and each school child
program.
If the program receives any grant or other funding from the
state or federal government, the department annually shall
monitor
all reports on attendance, financial support, and
expenditures
according to provisions for use of the funds.
(C) The department of education, at least twice during
every
twelve-month period of operation of a preschool program or
a
licensed school child program, shall inspect the program and
provide a written inspection report to the superintendent of the
school district, county MR/DD DD board, or eligible nonpublic
school. At
least one
inspection shall be unannounced, and all
inspections may be
unannounced. No person shall interfere with
any
inspection
conducted pursuant to this division or to the
rules
adopted
pursuant to sections 3301.52 to 3301.59 of the
Revised
Code.
Upon receipt of any complaint that a preschool program or a
licensed school child program is out of compliance with the
requirements in sections 3301.52 to 3301.59 of the Revised Code
or
the rules adopted under those sections, the department shall
investigate and may inspect the program.
(D) If a preschool program or a licensed school child
program
is determined to be out of compliance with the
requirements of
sections 3301.52 to 3301.59 of the Revised Code
or
the rules
adopted under those sections, the department of
education shall
notify the appropriate superintendent, county
MR/DD DD board, or
eligible nonpublic school in writing regarding the
nature of the
violation, what must be done to correct the
violation, and by what
date the correction must be made. If the
correction is not made
by
the date established by the department,
it may commence action
under Chapter 119. of the Revised Code to
close the program or to
revoke the license of the program. If a
program does not comply
with an order to cease operation issued
in accordance with Chapter
119. of the Revised Code, the
department shall notify the attorney
general, the prosecuting
attorney of the county in which the
program is located, or the
city attorney, village solicitor, or
other chief legal officer of
the municipal corporation in which
the program is located that
the program is operating in violation
of sections 3301.52 to
3301.59 of the Revised Code or the rules
adopted under those
sections and in violation of an order to cease
operation issued
in accordance with Chapter 119. of the Revised
Code. Upon
receipt of the notification, the attorney general,
prosecuting
attorney, city attorney, village solicitor, or other
chief legal
officer shall file a complaint in the court of common
pleas of the
county in
which the program is located requesting the
court to issue an
order enjoining the program from operating. The
court shall
grant the requested injunctive relief upon a showing
that the
program named in the complaint is operating in violation
of
sections 3301.52 to 3301.59 of the Revised Code or the rules
adopted under those sections and in violation of an order to
cease
operation issued in accordance with Chapter 119. of the
Revised
Code.
(E) The department of education shall prepare an
annual
report on inspections conducted under this section. The report
shall
include the number of inspections conducted, the number and
types of
violations
found, and the steps taken to address the
violations. The department shall
file the report with the
governor, the president and minority leader of the
senate, and the
speaker and minority leader of the house of representatives on
or
before the first day of January of each
year, beginning in 1999.
Sec. 3301.58. (A) The department of education is
responsible
for the licensing of preschool programs and school
child programs
and for the enforcement of sections 3301.52 to
3301.59 of the
Revised Code and of any rules adopted under those
sections. No
school district board of education, county MR/DD DD
board, or
eligible nonpublic school shall operate, establish,
manage,
conduct, or maintain a preschool program without a
license issued
under this section. A school district board of
education, county
MR/DD DD board, or eligible nonpublic school may
obtain a license
under this section for a school child program.
The school district
board of education, county MR/DD DD board, or
eligible nonpublic
school shall
post the current license for each
preschool program
and licensed school child program it operates,
establishes,
manages, conducts, or maintains in a conspicuous
place in the
preschool program or licensed school child program
that is
accessible to parents, custodians, or guardians and
employees and
staff members of the program at all times when the
program is in
operation.
(B) Any school district board of education, county MR/DD DD
board, or eligible nonpublic school that desires to operate,
establish, manage, conduct, or maintain a preschool program shall
apply to the
department of education for a license on a form that
the
department shall prescribe by rule. Any school district board
of
education, county
MR/DD DD board, or eligible nonpublic school
that
desires to obtain a license for a school child program shall
apply to the
department for a license on a form that the
department shall prescribe by
rule. The department shall provide
at no charge to each applicant for a license under this section a
copy of the requirements under sections 3301.52 to 3301.59 of the
Revised Code and any rules adopted under those sections. The
department shall mail application forms for the renewal of a
license at least one hundred twenty days prior to the date of the
expiration of the license, and the application for renewal of a
license shall be filed with the department at least sixty days
before the date of the expiration of the existing license. The
department may establish application fees by rule adopted under
Chapter 119. of the Revised Code, and all applicants for a
license
shall pay any fee established by the department at the
time of
making an application for a license. All fees collected
pursuant
to this section shall be paid into the state treasury to
the
credit of the general revenue fund.
(C) Upon the filing of an application for a license, the
department of education shall investigate and inspect the
preschool program or school child program to determine the
license
capacity for each age category of children of the program
and to
determine whether the program complies with sections
3301.52 to
3301.59 of the Revised Code and any rules adopted
under those
sections. When, after investigation and inspection,
the department
of education is satisfied that sections 3301.52 to
3301.59 of the
Revised Code and any rules adopted under those
sections are
complied with by the applicant, the department of
education shall
issue the program a provisional license as soon
as practicable in
the form and manner prescribed by the rules of
the department. The
provisional license shall be valid for six
months from the date of
issuance unless revoked.
(D) The department of education shall investigate and
inspect
a preschool program or school child program that has been
issued a
provisional license at least once during operation under
the
provisional license. If, after the investigation and
inspection,
the department of education determines that the
requirements of
sections 3301.52 to 3301.59 of the Revised Code
and any rules
adopted under those sections are met by the
provisional licensee,
the department of education shall issue a
license that is
effective for two years from the date of the
issuance of the
provisional license.
(E) Upon the filing of an application for the renewal of a
license by a preschool program or school child program, the
department of education shall investigate and inspect the
preschool program or school child program. If the department of
education determines that the requirements of sections 3301.52 to
3301.59 of the Revised Code and any rules adopted under those
sections are met by the applicant, the department of education
shall renew the license for two years from the date of the
expiration date of the previous license.
(F) The license or provisional license shall state the
name
of the school district board of education, county MR/DD DD
board,
or eligible nonpublic school that operates the preschool
program
or school child program and the license capacity of the
program.
The license shall include any other information
required by
section 5104.03 of the Revised Code for the license
of a child
day-care center.
(G) The department of education may revoke the license of
any
preschool program or school child program that is not in
compliance with the requirements of sections 3301.52 to 3301.59
of
the Revised Code and any rules adopted under those sections.
(H) If the department of education revokes a license or
refuses to renew a license to a program, the department shall not
issue a license to the program within two years from the date of
the revocation or refusal. All actions of the department with
respect to licensing preschool programs and school child programs
shall be in accordance with Chapter 119. of the Revised Code.
Sec. 3314.022. The governing authority of any community
school established under this chapter may contract with the
governing authority of another community school, the board of
education of a school district, the governing board of an
educational service center, a county MR/DD DD board, or the
administrative authority of
a
nonpublic school for provision of
services for any disabled
student enrolled at the school. Any
school district
board of
education or educational service center
governing board shall
negotiate with a community school
governing
authority that seeks
to contract for the provision of
services for
a disabled student
under this section in the same
manner as it
would with the board
of education of a school
district that
seeks
to contract for such
services.
Sec. 3314.99. (A) Whoever violates division (F) of section
3314.40 of
the Revised Code shall be punished as follows:
(1) Except as otherwise provided in division (A)(2) of this
section,
the person is guilty of a misdemeanor of the fourth
degree.
(2) The person is guilty of a misdemeanor of the first degree
if
both of the following conditions apply:
(a) The employee who is the subject of the report that the
person
fails to submit was required to be reported for the
commission or
alleged commission of an act or offense involving
the infliction
on a child of any physical or mental wound,
injury, disability, or
condition of a nature that constitutes
abuse or neglect of the
child;
(b) During the period between the violation of division (F)
of section 3314.40 of the Revised Code and the conviction of or
plea of guilty by the person for that violation, the employee who
is the subject of the report that the person fails to submit
inflicts on any child attending a school district, educational
service center, public or nonpublic school, or county board of
mental retardation and developmental disabilities where the
employee works any physical or mental wound, injury, disability,
or condition of a nature that constitutes abuse or neglect of the
child.
(B) Whoever violates division (B) of section 3314.403 of the
Revised Code is guilty of a misdemeanor of the first degree.
Sec. 3317.01. As used in this section and section 3317.011
of the Revised Code,
"school district," unless otherwise
specified, means any city, local, exempted village, joint
vocational, or cooperative education school district and
any
educational service center.
This chapter shall be administered by the state board of
education. The superintendent of public instruction shall
calculate the amounts payable to each school district and shall
certify the amounts payable to each eligible district to the
treasurer of the district as provided by this chapter. As soon as
possible after such amounts are calculated, the superintendent
shall certify to the treasurer of each school district the
district's adjusted charge-off increase, as defined in section
5705.211 of the Revised Code. No moneys
shall be distributed
pursuant to this chapter without the
approval
of the controlling
board.
The state board of education shall, in accordance with
appropriations made by the general assembly, meet the financial
obligations of this chapter.
Annually, the department of education shall calculate and
report to each
school district the district's total state and
local funds for providing an
adequate basic education to the
district's nondisabled students, utilizing
the
determination in
section 3317.012 of the Revised Code. In
addition, the
department
shall
calculate and report separately for
each school district
the
district's total
state and local funds
for providing an
adequate
education for its
students
with disabilities, utilizing
the
determinations in both sections
3317.012 and 3317.013
of the
Revised Code.
Not later than the thirty-first day of August of each fiscal
year,
the department of education shall provide to each school
district and
county MR/DD DD board a preliminary estimate of the
amount of funding
that the department calculates the district will
receive under each of
divisions (C)(1) and
(4) of section
3317.022
of the Revised Code. No later
than the first day of
December of
each fiscal year, the department shall
update that
preliminary
estimate.
Moneys distributed pursuant to this chapter shall be
calculated and paid on a fiscal year basis, beginning with the
first day of July and extending through the thirtieth day of
June.
The moneys appropriated for each fiscal year shall be
distributed
at least monthly to each school district unless
otherwise provided
for. The state board shall submit a yearly
distribution plan to
the controlling board at its
first meeting in July. The state
board shall submit any proposed midyear
revision of the plan to
the controlling
board in January. Any year-end revision of the
plan shall be submitted to
the controlling board in June. If
moneys appropriated for each
fiscal year are distributed other
than monthly, such distribution
shall be on the same basis for
each school district.
The total amounts paid each month shall constitute, as
nearly
as possible, one-twelfth of the total amount payable for
the
entire year.
Until fiscal year 2007, payments made during the
first six
months of
the
fiscal year may be based on an estimate of
the
amounts
payable for
the entire year. Payments made in the last
six
months shall be
based on the final calculation of the amounts
payable to each
school district for that fiscal year. Payments
made in the last
six months may be adjusted, if necessary, to
correct the amounts
distributed in the first six months, and to
reflect enrollment
increases when such are at least three per
cent.
Beginning in fiscal year 2007, payments shall be calculated
to reflect the biannual reporting of average daily membership. In
fiscal year 2007 and in each fiscal year thereafter, annualized
periodic payments for each school district shall be based on the
district's final student counts verified by
the superintendent of
public instruction based on reports under
section 3317.03 of
the
Revised Code, as adjusted, if so ordered,
under division (K) of
that section, as follows:
the sum of one-half of the number of students verified
and
adjusted
for the first full week in October
plus one-half of the
average of the numbers
verified and adjusted for the
first full
week
in October and for the first full week in February
Except as
otherwise provided, payments under this chapter
shall be made only
to those school districts in which:
(A) The school district, except for any
educational service
center and any joint
vocational or cooperative education school
district, levies for
current operating expenses at least twenty
mills.
Levies for
joint vocational or cooperative education
school districts or
county school financing districts, limited to
or to the extent
apportioned to current expenses, shall be
included in this
qualification requirement. School district
income
tax levies
under Chapter 5748. of the Revised Code, limited
to or
to the
extent apportioned to current operating expenses,
shall be
included in this qualification requirement to the extent
determined by the tax commissioner under division (D) of
section
3317.021 of the Revised Code.
(B) The school year next preceding the fiscal year for
which
such payments are authorized meets the requirement of
section
3313.48 or 3313.481 of the Revised Code, with regard to
the
minimum number of days or hours school must be open for
instruction with pupils in attendance, for individualized
parent-teacher conference and reporting periods, and for
professional meetings of teachers. This requirement shall be
waived by the superintendent of public instruction if it had been
necessary for a school to be closed because of disease epidemic,
hazardous weather conditions, inoperability of school buses or
other equipment
necessary to the school's operation, damage to a
school building, or
other temporary circumstances due to utility
failure rendering
the school building unfit for school use,
provided that for those
school districts operating pursuant to
section 3313.48 of the
Revised Code the number of days the school
was actually open for
instruction with pupils in attendance and
for individualized
parent-teacher conference and reporting periods
is not less than
one hundred seventy-five, or for those school
districts operating
on a trimester plan the number of days the
school was actually
open for instruction with pupils in attendance
not less than
seventy-nine days in any trimester, for those school
districts
operating on a quarterly plan the number of days the
school was
actually open for instruction with pupils in attendance
not less
than fifty-nine days in any quarter, or for those school
districts operating on a pentamester plan the number of days the
school was actually open for instruction with pupils in
attendance
not less than forty-four days in any pentamester.
A school district shall not be considered to have failed to
comply with this division or section 3313.481 of the Revised Code
because schools were open for instruction but either twelfth
grade
students were excused from attendance for up to three days
or only
a portion of the kindergarten students were in attendance
for up
to three days in order to allow for the gradual
orientation to
school of such students.
The superintendent of public instruction shall waive the
requirements of this section with reference to the minimum number
of days or hours school must be in session with pupils in
attendance for the school year succeeding the school year in
which
a board of education initiates a plan of operation pursuant
to
section 3313.481 of the Revised Code. The minimum
requirements of
this section shall again be applicable to such a
district
beginning with the school year commencing the second
July
succeeding the initiation of one such plan, and for each
school
year thereafter.
A school district shall not be considered to have failed to
comply with
this division or section 3313.48 or 3313.481 of the
Revised Code because
schools were open for instruction but the
length of the regularly scheduled
school day, for any number of
days during the school year, was reduced by not
more than two
hours due to hazardous weather conditions.
(C) The school district has on file, and is paying in
accordance with, a teachers' salary schedule
which complies with
section 3317.13 of the Revised Code.
A board of education or governing board of an educational
service center which
has not conformed with other law
and the
rules pursuant thereto, shall not participate in the
distribution
of funds authorized by sections 3317.022 to
3317.0211, 3317.11,
3317.16, 3317.17, and 3317.19 of the Revised
Code, except for good
and sufficient reason established to the
satisfaction of the state
board of education and the state
controlling board.
All funds allocated to school districts under this chapter,
except those specifically allocated for other purposes, shall be
used to pay current operating expenses only.
Sec. 3317.02. As used in this chapter:
(A) Unless otherwise specified,
"school district" means
city,
local, and exempted village school districts.
(B)
"Formula amount" means the base cost for the fiscal year
specified in division (B)(4) of section 3317.012 of the
Revised
Code.
(C)
"FTE basis" means a
count of students based on full-time
equivalency, in accordance
with rules adopted by the department of
education pursuant to
section 3317.03 of the Revised Code. In
adopting its rules under this
division, the department shall
provide for
counting any student in category one, two,
three,
four, five, or six
special
education ADM or in category one or two
vocational
education
ADM in the same proportion the student is
counted in
formula ADM.
(D)
"Formula
ADM" means, for a city, local, or exempted
village school
district, the final number verified by the
superintendent of public instruction, based on the number reported
pursuant to
division
(A) of section 3317.03 of the Revised Code,
as adjusted, if so ordered, under division (K) of that
section.
"Formula ADM" means, for a joint
vocational school
district, the
final number verified by the superintendent of
public
instruction, based on the number reported pursuant to
division
(D)
of section 3317.03 of the Revised Code, as adjusted,
if so
ordered, under division (K) of that section. Beginning in
fiscal
year 2007, for payments in which formula ADM is a factor,
the
formula ADM for each school district for the fiscal year is
the
sum of one-half of the number verified and adjusted
for October
of that
fiscal year plus one-half of the average of
the numbers
verified and adjusted
for October and
February of that fiscal
year.
(E)
"Three-year average formula ADM" means the average of
formula ADMs for the
preceding three fiscal years.
(F)(1)
"Category one
special education ADM" means
the
average
daily membership of children with disabilities
receiving
special
education services for
the
disability
specified in
division (A)
of
section 3317.013 of the
Revised Code
and reported
under
division
(B)(5) or
(D)(2)(b) of section 3317.03
of the
Revised
Code. Beginning in fiscal year 2007, the district's
category one
special education ADM for a fiscal year is the sum of
one-half of
the number reported for October of that fiscal year
plus one-half
of the average of the numbers reported for October
and February
of that fiscal year.
(2)
"Category two
special education ADM" means
the average
daily membership of children with disabilities
receiving
special
education services for those
disabilities specified in
division
(B)
of section 3317.013 of the
Revised Code and reported under
division (B)(6) or (D)(2)(c) of
section 3317.03 of
the Revised
Code. Beginning in fiscal year
2007, the district's category two
special education ADM for a
fiscal year is the sum of one-half of
the number reported for
October of that fiscal year plus one-half
of the average of the
numbers reported for October and February
of that fiscal year.
(3)
"Category three special education ADM" means
the average
daily membership of students receiving special
education services
for
those disabilities specified in division (C) of
section
3317.013
of the Revised Code, and
reported
under division
(B)(7)
or
(D)(2)(d) of section 3317.03 of
the
Revised Code.
Beginning in
fiscal year 2007, the district's category three
special education
ADM for a fiscal year is the sum of one-half of
the number
reported for October of that fiscal year plus one-half
of the
average of the numbers reported for October and February of
that
fiscal year.
(4)
"Category four special
education ADM" means the average
daily membership of students
receiving special education services
for those disabilities specified
in division (D) of
section
3317.013
of the Revised Code and
reported under division
(B)(8)
or
(D)(2)(e) of section 3317.03 of
the Revised Code.
Beginning in
fiscal year 2007, the district's category four
special education
ADM for a fiscal year is the sum of one-half of
the number
reported for October of that fiscal year plus one-half
of the
average of the numbers reported for October and February of
that
fiscal year.
(5) "Category five special education ADM" means the average
daily membership of students receiving special education services
for the disabilities specified in division (E) of section
3317.013
of
the Revised Code and reported under division (B)(9) or
(D)(2)(f)
of section 3317.03 of the Revised Code. Beginning in
fiscal year 2007, the district's category five special education
ADM for a fiscal year is the sum of one-half of the number
reported for October of that fiscal year plus one-half of the
average of the numbers reported for October and February of that
fiscal year.
(6) "Category six special education ADM" means the average
daily membership of students receiving special education services
for the disabilities specified in division (F) of section
3317.013
of
the Revised Code and reported under division (B)(10)
or
(D)(2)(g)
of section 3317.03 of the Revised Code. Beginning in
fiscal year 2007, the district's category six special education
ADM for a fiscal year is the sum of one-half of the number
reported for October of that fiscal year plus one-half of the
average of the numbers reported for October and February of that
fiscal year.
(7) "Category one vocational education ADM"
means the
average
daily membership of students receiving vocational
education
services described in division (A) of section 3317.014
of the
Revised Code and reported under division (B)(11) or
(D)(2)(h)
of
section 3317.03 of the Revised Code. Beginning in fiscal year
2007, the district's category one vocational education ADM for a
fiscal year is the sum of one-half of the number reported for
October of that fiscal year plus one-half of the average of the
numbers reported for October and February of that fiscal year.
(8)
"Category two vocational education ADM" means the
average
daily membership of students receiving vocational
education
services
described in division (B) of section 3317.014
of the
Revised Code and reported
under division (B)(12) or
(D)(2)(i) of
section
3317.03 of the Revised Code. Beginning in fiscal year
2007, the district's category two vocational education ADM for a
fiscal year is the sum of one-half of the number reported for
October of that fiscal year plus one-half of the average of the
numbers reported for October and February of that fiscal year.
(G)
"Preschool child with a disability"
means a
child with
a disability,
as defined in section
3323.01 of the
Revised Code,
who is at least
age three
but is not
of compulsory school age, as
defined in
section
3321.01 of the
Revised Code, and who is not
currently
enrolled in
kindergarten.
(H)
"County MR/DD DD board" means a county
board of mental
retardation and developmental
disabilities.
(I)
"Recognized valuation" means the
amount calculated for a
school district pursuant to section
3317.015 of the Revised Code.
(J)
"Transportation ADM" means the number of
children
reported under division
(B)(13) of section 3317.03 of the
Revised
Code.
(K)
"Average efficient transportation use cost per
student"
means a statistical representation of
transportation costs as
calculated under division (D)(2) of section 3317.022 of the
Revised Code.
(L)
"Taxes charged and payable" means the taxes charged
and
payable against real and public utility property after making
the
reduction required by section 319.301 of the Revised Code,
plus
the taxes levied against tangible personal property.
(M)
"Total taxable value" means the sum
of the amounts
certified for a city, local, exempted village, or
joint vocational
school district under divisions (A)(1) and (2)
of section 3317.021
of the Revised Code.
(N)
"Tax exempt value" of a school district means the
amount
certified for a school district under division (A)(4) of
section
3317.021 of the Revised Code.
(O)
"Potential value" of a school district means the
recognized valuation of a school district plus
the tax
exempt
value
of
the district.
(P)
"District median income" means the median Ohio
adjusted
gross income certified for a school district. On or
before the
first
day of July of each year, the tax commissioner
shall
certify
to the
department of education and the office of
budget
and management for each city, exempted village,
and local
school
district the median Ohio adjusted gross income of
the
residents
of
the school district determined on the basis of
tax
returns
filed for the
second preceding tax year by the
residents
of the
district.
(Q)
"Statewide median income" means the median district
median
income of all city, exempted village, and local school
districts in the state.
(R)
"Income factor" for a city, exempted village, or local
school
district means the quotient obtained by dividing that
district's median income
by the statewide median income.
(S)
"Medically fragile
child" means a child to whom all of
the following apply:
(1) The child requires the services of a doctor of medicine
or osteopathic medicine at least once a week due to the
instability of the child's medical condition.
(2) The child requires the services of a registered nurse
on
a daily basis.
(3) The child is at risk of institutionalization in a
hospital, skilled nursing facility, or intermediate care facility
for the mentally retarded.
(T) A child may be identified as having an "other health
impairment-major" if the child's condition meets
the definition
of "other health impaired" established in rules
adopted by the
state board of education prior to
July 1, 2001, and
if either of
the following apply:
(1) The child is identified as having a medical condition
that is among those listed by the superintendent of public
instruction as conditions where a substantial majority of cases
fall within the definition of "medically fragile child." The
superintendent of public instruction shall issue an initial list
no later than September 1, 2001.
(2) The child is determined by the superintendent of public
instruction to be a medically fragile child. A school district
superintendent may petition the superintendent of public
instruction for a determination that a child is a medically
fragile child.
(U) A child may be identified as having an "other health
impairment-minor" if the child's condition meets
the definition
of "other health impaired" established in rules
adopted by the
state board of education prior to
July 1, 2001, but
the child's
condition does not meet
either of the
conditions
specified in
division (T)(1) or (2) of
this section.
(V) "State education aid" has the same meaning as in
section
5751.20 of the Revised Code.
(W) "Property exemption value" means zero in fiscal year
2006, and in fiscal year 2007 and each fiscal year thereafter, the
amount certified for a school district under divisions (A)(6) and
(7) of section 3317.021 of the Revised Code.
(X) "Internet- or computer-based community school" has the
same meaning as in section 3314.02 of the Revised Code.
Sec. 3317.024. In addition to the moneys paid to eligible
school districts pursuant to section
3317.022 of the Revised Code,
moneys
appropriated for the education programs in divisions (A) to
(I),
(K), (L), and (N) of this
section shall be
distributed to
school districts meeting
the requirements of
section 3317.01 of
the Revised Code;
in the case of divisions (G)
and (L) of this
section, to educational service centers as
provided in section
3317.11 of the Revised Code; in the case of
divisions (D) and (J)
of this section, to
county MR/DD DD
boards; in the case of
division
(N)
of this section,
to joint
vocational school
districts; in the
case of division (H) of this
section, to
cooperative education
school districts; and in the
case of
division (M) of
this section,
to the institutions defined
under
section 3317.082 of the
Revised
Code providing elementary or
secondary education programs to
children
other than children
receiving special education under
section 3323.091 of the
Revised
Code. The following shall be
distributed monthly, quarterly, or
annually as may be determined
by the state board of education:
(A) An amount for each island school district and each
joint
state school district for the operation of each high school
and
each elementary school maintained within such district and
for
capital improvements for such schools. Such amounts shall be
determined on the basis of standards adopted by the state board
of
education.
(B) An amount for each school district operating classes
for
children of migrant workers who are unable to be in
attendance in
an Ohio school during the entire regular school
year. The amounts
shall be determined on the basis of standards
adopted by the state
board of education, except that payment
shall be made only for
subjects regularly offered by the school
district providing the
classes.
(C) An amount for each school district with guidance,
testing, and counseling programs approved by the state board of
education. The amount shall be determined on the basis of
standards adopted by the state board of education.
(D) An amount for the emergency purchase of school buses
as
provided for in section 3317.07 of the Revised Code;
(E) An amount for each school district required to pay
tuition for a child in an institution maintained by the
department
of youth services pursuant to section 3317.082 of the
Revised
Code, provided the child was
not included in the calculation of
the district's average daily
membership for the preceding school
year.
(F) An amount for adult basic literacy education for each
district participating in programs approved by the state board of
education. The amount shall be determined on the basis of
standards adopted by the state board of education.
(G) An amount for the approved cost of transporting
eligible
pupils with disabilities attending a special education program
approved by the department of education whom it is impossible or
impractical to transport by regular school bus in the course of
regular route transportation provided by the district or service
center. No district or service center is eligible to receive a
payment under this division for
the cost of transporting any pupil
whom it transports by regular
school bus and who is included in
the district's transportation
ADM. The state board of education
shall establish
standards and guidelines for use by the department
of education
in determining the approved cost of such
transportation for each
district or service center.
(H) An amount to each school district, including each
cooperative education school district, pursuant to section
3313.81
of the Revised Code to assist in providing free lunches
to needy
children and an amount to assist needy school districts
in
purchasing necessary equipment for food preparation. The
amounts
shall be determined on the basis of rules adopted by the
state
board of education.
(I) An amount to each school district, for each pupil
attending a chartered nonpublic elementary or high school within
the district. The amount shall equal the amount appropriated for
the implementation of section 3317.06 of the Revised Code divided
by the average daily membership in grades kindergarten through
twelve in nonpublic elementary and high schools within the state
as determined during the first full week in October of each
school
year.
(J) An amount for each county MR/DD DD board,
distributed on
the
basis of standards adopted by the state board of education,
for
the approved cost of transportation required for children
attending special education programs operated by the county MR/DD
DD board under section 3323.09 of the Revised Code;
(K) An amount for each school district that establishes a
mentor teacher program that complies with rules of the state
board
of education. No school district shall be required to establish
or
maintain such a program in any year unless sufficient funds are
appropriated
to cover the district's total costs for the program.
(L) An amount to each school district or educational service
center for the total number of gifted units approved pursuant to
section 3317.05 of the Revised Code. The amount for each such
unit
shall be the sum of the minimum salary for the teacher of
the
unit, calculated on the basis of the teacher's training
level and
years of experience pursuant to
the salary schedule prescribed in
the version of section 3317.13 of the Revised Code
in effect prior
to
July 1, 2001,
plus fifteen
per cent of
that minimum salary
amount, plus two thousand six
hundred
seventy-eight
dollars.
(M) An amount to each
institution defined under section
3317.082 of the
Revised Code providing elementary or
secondary
education to children other than children receiving
special
education under section 3323.091 of the
Revised Code. This amount
for any
institution in any fiscal year shall equal the total of
all
tuition amounts required to be paid to the institution under
division (A)(1) of section
3317.082 of the Revised Code.
(N) A grant to each school district and joint vocational
school
district that operates a "graduation, reality, and
dual-role skills"
(GRADS) program for pregnant and parenting
students that is
approved by the department. The amount of the
payment shall be the district's
state share
percentage, as defined
in section 3317.022 or 3317.16 of the
Revised Code, times the
GRADS
personnel allowance times the full-time-equivalent number of
GRADS
teachers approved by the department. The GRADS personnel
allowance is
$47,555 in fiscal
years
2008 and 2009.
The state board of education or any other board of
education
or governing board may provide for any resident of a district
or
educational service center territory any
educational service for
which funds are made available to the
board by the United States
under the authority of public law,
whether such funds come
directly or indirectly from the United
States or any agency or
department thereof or through the state
or any agency, department,
or political subdivision thereof.
Sec. 3317.03. Notwithstanding divisions
(A)(1), (B)(1), and
(C) of this section, except as provided in division (A)(2)(h) of
this section, any
student enrolled in kindergarten more
than half
time shall be reported as
one-half student under this
section.
(A) The superintendent of each city and exempted
village
school district and of each educational service center shall,
for
the schools under the superintendent's supervision,
certify to the
state board of
education on or before the fifteenth day of October
in each year for
the first full school week in October the formula
ADM. Beginning in fiscal year 2007, each superintendent also shall
certify to the state board, for the schools under the
superintendent's supervision, the formula ADM for the first full
week in February. If a school under the superintendent's
supervision is closed for one or more days during that week due to
hazardous weather conditions or other circumstances described in
the first paragraph of division (B) of section 3317.01 of the
Revised Code, the superintendent may apply to the superintendent
of public instruction for a waiver, under which the superintendent
of public instruction may exempt the district superintendent from
certifying the formula ADM for that school for that week and
specify an alternate week for certifying the formula ADM of that
school.
The formula ADM shall consist of the average daily membership
during
such week of the
sum of the following:
(1) On an FTE basis, the number of
students in grades
kindergarten through twelve receiving any educational
services
from the district,
except that the following categories of
students shall not be
included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to
a
compact,
cooperative education agreement, or a contract, but who
are entitled to attend
school in another district pursuant to
section 3313.64 or 3313.65 of the
Revised Code;
(d) Students for whom tuition is
payable pursuant to
sections
3317.081 and 3323.141 of the
Revised Code;
(e) Students receiving services in the district through a
scholarship awarded under section 3310.41 of the Revised Code.
(2) On an FTE basis, except as provided in division (A)(2)(h)
of this section, the number of
students entitled to
attend school
in the district pursuant to
section 3313.64 or
3313.65 of the
Revised Code, but receiving educational
services in
grades
kindergarten through twelve from one or more of the
following
entities:
(a) A community school pursuant to Chapter
3314. of the
Revised Code, including any participation in a college
pursuant to
Chapter 3365. of the Revised Code while enrolled in such community
school;
(b) An alternative school pursuant to sections 3313.974 to
3313.979 of the Revised Code as described in division
(I)(2)(a) or
(b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised Code,
except
when the student is enrolled in the college while also
enrolled in a community
school pursuant to Chapter 3314. or a
science, technology, engineering, and mathematics school
established under Chapter 3326. of the
Revised Code;
(d) An adjacent or other
school district under an open
enrollment policy adopted pursuant
to section 3313.98 of the
Revised Code;
(e) An educational service
center or cooperative education
district;
(f) Another school district
under a cooperative education
agreement, compact, or contract;
(g) A chartered nonpublic school with a scholarship paid
under section 3310.08 of the Revised Code;
(h) An alternative public provider or a registered private
provider with a scholarship awarded under section 3310.41 of the
Revised Code. Each such
scholarship student who is enrolled in
kindergarten shall be
counted as one full-time-equivalent
student.
As used in this section, "alternative public provider" and
"registered private provider" have the same meanings as in section
3310.41 of the Revised Code,.
(i) A science, technology, engineering, and mathematics
school established under Chapter 3326. of the Revised Code,
including any participation in a college pursuant to Chapter 3365.
of the Revised Code while enrolled in the school.
(3) Twenty per cent of the number of students enrolled in a
joint
vocational school district or under a vocational education
compact,
excluding any students
entitled to attend school in the
district under section 3313.64 or
3313.65 of the Revised Code who
are enrolled in another
school district through an open enrollment
policy as reported under
division (A)(2)(d) of this section and
then enroll in
a joint vocational school district or under a
vocational education
compact;
(4) The number of children with disabilities,
other than
preschool children with disabilities,
entitled to attend school
in the
district pursuant to section
3313.64 or 3313.65 of the
Revised
Code who are placed by the
district with a
county MR/DD
DD board, minus the
number of
such
children placed with a county
MR/DD DD board in fiscal year
1998. If
this calculation produces
a
negative number, the
number
reported
under division
(A)(4) of
this section shall be
zero.
(5) Beginning in fiscal year 2007, in the case of the report
submitted for the first full week in February, or the alternative
week if specified by the superintendent of public instruction, the
number of students reported under division (A)(1) or (2) of this
section for the first full week of the preceding October but who
since that week have received high school diplomas.
(B) To enable the
department of education to obtain the data
needed to complete
the calculation of payments pursuant to this
chapter, in
addition to the formula ADM, each
superintendent shall
report separately the following student
counts for the same week
for which formula ADM is certified:
(1) The total average daily membership in regular day
classes
included in the report under division (A)(1) or (2) of
this
section for kindergarten, and each of grades one through
twelve in
schools under the
superintendent's supervision;
(2) The number of all
preschool
children
with
disabilities
enrolled as of the first day of
December in classes
in the
district that are eligible for approval
under division (B)
of
section 3317.05 of the Revised
Code
and the number of those
classes, which shall be reported not
later than the
fifteenth day
of December, in accordance with rules
adopted under
that section;
(3) The number of children entitled to attend school in
the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are:
(a) Participating in a
pilot project scholarship program
established under sections
3313.974 to 3313.979 of the Revised
Code as described in division
(I)(2)(a) or (b) of this section;
(b) Enrolled in a college under Chapter
3365. of the Revised
Code,
except when the
student is enrolled in the college while
also
enrolled in a community school
pursuant to Chapter 3314. or a
science, technology, engineering, and mathematics school
established under Chapter 3326. of
the
Revised Code;
(c) Enrolled in an adjacent or
other school district
under
section 3313.98 of the Revised Code;
(d) Enrolled in a
community school
established under Chapter
3314.
of the Revised
Code that is not an internet- or
computer-based community school as defined in section 3314.02 of
the Revised Code, including any participation in a college
pursuant to Chapter
3365. of the Revised Code while enrolled in
such community
school;
(e) Enrolled in an internet- or computer-based community
school, as defined in section 3314.02 of the Revised Code,
including any participation in a college pursuant to Chapter 3365.
of the Revised Code while enrolled in the school;
(f) Enrolled in a chartered nonpublic school with a
scholarship paid under section 3310.08 of the Revised Code;
(g) Enrolled in kindergarten through grade twelve in an
alternative public provider or a registered private provider with
a scholarship awarded under section 3310.41 of the Revised Code;
(h) Enrolled as a preschool child with a
disability in an
alternative public provider or a registered
private provider with
a scholarship awarded under section 3310.41
of the Revised Code;
(i) Participating in a
program operated by a county MR/DD
DD
board
or a state
institution;
(j) Enrolled in a science, technology, engineering, and
mathematics school established under Chapter 3326. of the Revised
Code, including any participation in a college pursuant to Chapter
3365. of the Revised Code while enrolled in the school.
(4) The number of pupils enrolled in joint vocational
schools;
(5) The average daily membership of
children
with
disabilities reported under division (A)(1) or (2)
of this
section receiving
special education
services
for the
category one
disability described
in division (A)
of
section 3317.013 of the
Revised Code;
(6) The average daily membership of
children
with
disabilities reported under
division (A)(1) or (2)
of this
section receiving
special
education services
for category
two
disabilities described
in division
(B)
of section
3317.013 of the
Revised Code;
(7) The average daily membership of
children
with
disabilities reported under
division (A)(1) or (2)
of this
section
receiving
special education services for
category
three
disabilities described
in division
(C)
of
section
3317.013
of the
Revised Code;
(8)
The average daily
membership of
children
with
disabilities reported under division (A)(1)
or (2)
of this
section receiving
special education services for
category
four
disabilities described
in division (D) of section
3317.013 of the
Revised Code;
(9) The average daily membership of
children
with
disabilities reported under division (A)(1) or (2)
of this
section receiving
special education services for the
category
five
disabilities described
in division (E) of
section 3317.013
of the Revised Code;
(10) The combined average daily membership of
children
with
disabilities reported under division (A)(1) or (2)
and under
division (B)(3)(h) of this section receiving
special
education
services for category six disabilities
described in
division (F)
of section 3317.013 of the Revised Code,
including children
attending a special education program operated
by an alternative
public provider or a registered private provider
with a
scholarship awarded under section 3310.41 of the Revised Code;
(11) The average daily membership of pupils reported under
division
(A)(1) or (2) of this section enrolled in category one
vocational education programs or classes, described in division
(A) of section 3317.014 of the Revised Code, operated by the
school
district or by another district, other than a joint
vocational school
district, or by an educational service center,
excluding any student reported under division (B)(3)(e) of this
section as enrolled in an internet- or computer-based community
school, notwithstanding division (C) of section 3317.02 of the
Revised Code and division (C)(3) of this section;
(12) The average daily membership of pupils reported
under
division
(A)(1) or (2) of this section enrolled in category
two
vocational
education programs or services, described in
division
(B) of section
3317.014 of the Revised Code, operated by
the
school district or another school district,
other than a joint
vocational school district, or by an educational service
center,
excluding any student reported under division (B)(3)(e) of this
section as enrolled in an internet- or computer-based community
school, notwithstanding division (C) of section 3317.02 of the
Revised Code and division (C)(3) of this section;
(13) The average number of
children transported by the
school
district on board-owned or contractor-owned and -operated
buses,
reported in accordance with rules adopted by
the department
of
education;
(14)(a) The number of children, other than
preschool children
with disabilities, the district placed with a
county MR/DD DD
board
in fiscal
year 1998;
(b) The number of children with disabilities,
other than
preschool children with disabilities,
placed with a county
MR/DD
DD board
in the current
fiscal year to
receive
special
education
services
for the category one
disability described in
division
(A) of
section
3317.013
of the
Revised
Code;
(c) The number of children with disabilities,
other than
preschool children with disabilities,
placed with a county
MR/DD
DD board
in the current
fiscal year to
receive
special
education
services
for category two
disabilities described in
division (B)
of
section
3317.013
of the
Revised
Code;
(d) The number of children with disabilities,
other than
preschool children with disabilities,
placed with a county
MR/DD
DD board
in the current
fiscal year to
receive
special
education
services
for category three
disabilities described in
division
(C) of section
3317.013 of the
Revised
Code;
(e) The number of children with disabilities,
other than
preschool children with disabilities,
placed with a county MR/DD
DD board
in the current fiscal year to
receive special education
services
for category four
disabilities described in division (D)
of section
3317.013 of the
Revised Code;
(f) The number of children with disabilities,
other than
preschool children with disabilities,
placed with a county MR/DD
DD board
in the current fiscal year to
receive special education
services
for the category five
disabilities described in division
(E) of
section
3317.013 of the
Revised Code;
(g) The number of children with disabilities,
other than
preschool children with disabilities,
placed with a county MR/DD
DD board
in the current fiscal year to
receive special education
services
for category six
disabilities described in division (F)
of section
3317.013 of the
Revised Code.
(C)(1) Except as otherwise provided in this section for
kindergarten students, the average daily membership in divisions
(B)(1) to
(12) of this section shall be based
upon the number
of
full-time equivalent students. The state board of
education
shall
adopt rules defining full-time equivalent students and for
determining the average daily membership therefrom
for the
purposes of divisions (A), (B), and
(D) of this section.
(2) A student enrolled in a community school established
under Chapter 3314. or a science, technology, engineering, and
mathematics school established under Chapter 3326. of the Revised
Code shall be counted in the
formula ADM and, if applicable, the
category one, two, three,
four, five, or six
special education ADM
of the school district in
which the student
is entitled to attend
school under section
3313.64 or 3313.65 of
the Revised Code for
the same proportion of
the school year that
the student is counted
in the enrollment of
the community school
or the science,
technology, engineering, and mathematics school for purposes of
section 3314.08 or 3326.33 of the
Revised Code. Notwithstanding
the number of students reported
pursuant to division (B)(3)(d),
(e), or (j) of this section, the
department may adjust the
formula ADM of a school district to
account for students entitled
to attend school in the district
under section 3313.64 or 3313.65
of the Revised Code who are
enrolled in a community school or a
science, technology, engineering, and mathematics school for only
a portion of the school
year.
(3) No child
shall be
counted as more than a total of one
child in the
sum of
the average daily memberships of a
school
district under division
(A), divisions
(B)(1) to
(12), or division
(D) of this
section,
except as follows:
(a) A child with a disability described in section
3317.013
of
the Revised Code may be
counted both in formula
ADM
and in
category one, two,
three,
four, five, or six
special
education
ADM and, if applicable, in
category one or two
vocational
education
ADM. As provided in
division (C) of section
3317.02 of
the Revised Code,
such a child
shall be counted in
category one,
two,
three, four, five, or
six special education
ADM
in the same
proportion that the child is
counted in formula
ADM.
(b) A child enrolled in vocational education programs or
classes described
in section
3317.014 of the Revised Code
may be
counted both in formula ADM and
category one or two
vocational
education ADM and, if applicable, in
category one, two,
three,
four, five, or six
special education ADM. Such a child
shall be
counted in category
one or two vocational education ADM
in
the
same proportion as the
percentage of time that the child
spends in
the
vocational
education programs or classes.
(4) Based on the information reported
under this section,
the
department of education shall determine the total
student
count,
as defined in section 3301.011 of the Revised Code, for
each
school district.
(D)(1) The superintendent of each joint vocational school
district
shall certify to
the superintendent of public instruction
on or before the fifteenth
day of October in each year for the
first full school week in
October the formula ADM. Beginning in
fiscal year 2007, each superintendent also shall certify to the
state superintendent the formula ADM for the first full week in
February. If a school operated by the joint vocational school
district is closed for one or more days during that week due to
hazardous weather conditions or other circumstances described in
the first paragraph of division (B) of section 3317.01 of the
Revised Code, the superintendent may apply to the superintendent
of public instruction for a waiver, under which the superintendent
of public instruction may exempt the district superintendent from
certifying the formula ADM for that school for that week and
specify an alternate week for certifying the formula ADM of that
school.
The formula ADM, except
as otherwise provided in this
division, shall
consist of
the
average daily
membership during
such week, on an
FTE basis, of the
number of
students receiving
any educational
services from the
district,
including students
enrolled in a
community school established under Chapter 3314. or
a science, technology, engineering, and mathematics school
established under Chapter 3326. of
the Revised
Code who are
attending the joint vocational district
under an
agreement
between the district board of education and the
governing
authority of the community school or the science, technology,
engineering, and mathematics school and are entitled to
attend
school in a city, local, or exempted village school
district whose
territory is part of the territory of the joint
vocational
district. Beginning in fiscal year 2007, in the case of
the
report submitted for the first week in February, or the
alternative week if specified by the superintendent of public
instruction, the superintendent of the joint vocational school
district may include the number of students reported under
division (D)(1) of this section for the first full week of the
preceding October but who since that week have received high
school diplomas.
The following categories
of students shall not be
included
in
the determination
made under division (D)(1) of this section:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district joint vocational students
enrolled
in the district under an open enrollment policy pursuant
to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant
to
a
compact, cooperative education agreement, or a contract, but who
are
entitled to attend school in a city, local, or
exempted
village school district whose territory is not part of
the
territory of the joint vocational district;
(d) Students for whom tuition is payable pursuant to
sections
3317.081 and 3323.141 of the Revised Code.
(2) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter,
in addition to the formula ADM, each superintendent shall
report
separately the average daily membership included in the
report under division
(D)(1) of this section for each of the
following categories of
students for the same week for which
formula ADM is certified:
(a) Students enrolled in each grade included in the joint
vocational district schools;
(b) Children with disabilities receiving
special
education
services
for the category one
disability described in
division
(A)
of section 3317.013
of the
Revised Code;
(c) Children with disabilities receiving
special
education
services
for the category two
disabilities described in
division
(B)
of section 3317.013
of the
Revised Code;
(d)
Children with disabilities receiving
special education
services for category three
disabilities described in division
(C)
of section
3317.013 of the
Revised Code;
(e)
Children with disabilities receiving
special education
services
for category four
disabilities described in division (D)
of section
3317.013 of the
Revised Code;
(f) Children with disabilities receiving
special education
services for the category five
disabilities described in division
(E)
of
section 3317.013 of the
Revised Code;
(g) Children with disabilities receiving
special education
services for category six disabilities
described in division (F)
of
section 3317.013 of the Revised Code;
(h)
Students receiving category one vocational education
services, described in division (A) of section 3317.014 of the
Revised Code;
(i) Students receiving category two vocational education
services, described in division (B) of section 3317.014 of the
Revised Code.
The superintendent of each joint vocational school district
shall also indicate the city, local, or
exempted village school
district in which each
joint vocational district pupil is entitled
to attend school
pursuant to section 3313.64 or 3313.65 of the
Revised Code.
(E) In each school of each city, local, exempted village,
joint vocational, and cooperative education school district there
shall be maintained a record of school membership, which record
shall accurately show, for each day the school is in session, the
actual membership enrolled in regular day classes. For the
purpose
of determining average daily membership, the membership
figure of
any school shall not include any pupils except those
pupils
described by division (A) of this section. The
record of
membership for each school shall be maintained in such
manner that
no pupil shall be counted as in membership prior to
the actual
date of entry in the school and also in such
manner that where for
any cause a pupil permanently withdraws
from the school that pupil
shall not be counted as in
membership from and
after the date of
such withdrawal. There shall not be included
in the membership of
any school any of the following:
(1) Any pupil who has graduated from
the twelfth grade of a
public or nonpublic high school;
(2) Any pupil who is not a resident of the state;
(3) Any pupil who was enrolled in the schools
of the
district
during the previous school year when tests were
administered under
section 3301.0711 of the Revised Code but did
not take one or more
of the tests required by that section and
was
not excused pursuant
to division (C)(1) or (3) of that section;
(4) Any pupil who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course
of
the public schools by reason of induction or enlistment in the
armed forces and who apply for reenrollment in the public school
system of their residence not later than four years after
termination of war or their honorable discharge.
If, however, any veteran described by
division (E)(4) of
this
section elects to
enroll in special courses organized for
veterans
for whom tuition is paid under the provisions of federal
laws, or
otherwise, that veteran shall not be included in
average
daily
membership.
Notwithstanding division (E)(3) of this section, the
membership of any school may include a pupil who did not take a
test required by section 3301.0711 of the Revised Code if the
superintendent of public instruction grants a waiver from the
requirement to take the test to the specific pupil and a parent is
not paying tuition for the pupil pursuant to section 3313.6410 of
the Revised Code. The
superintendent may grant such a waiver only
for good cause in
accordance with rules adopted by the state board
of education.
Except as provided in
divisions (B)(2)
and (F) of
this
section,
the
average daily membership figure of any local,
city,
exempted
village, or joint vocational school district shall
be
determined
by dividing
the figure representing the sum of the
number of
pupils enrolled during each
day the school of attendance
is
actually open for
instruction during the week
for which the
formula ADM is being certified by the total number
of days the
school was actually
open
for instruction during that
week. For
purposes of state
funding,
"enrolled" persons are only
those
pupils who are
attending school,
those who have attended
school
during the
current school year and
are absent for
authorized
reasons, and
those children
with disabilities
currently
receiving
home instruction.
The average daily membership figure of any cooperative
education school
district shall be determined in accordance with
rules adopted by the state
board of education.
(F)(1) If the formula ADM for the first full school
week in
February is at
least three per cent greater than that certified
for the first
full school week in the preceding October, the
superintendent of
schools of any city, exempted village, or joint
vocational school district
or educational service center shall
certify such increase to the
superintendent of public
instruction.
Such certification shall be submitted no later than
the fifteenth
day of February. For the balance of the fiscal
year, beginning
with the February payments, the superintendent of
public
instruction shall use the increased formula
ADM in calculating or
recalculating the amounts to be allocated in
accordance with
section 3317.022 or 3317.16 of
the Revised
Code. In no event
shall
the superintendent use an increased
membership certified to
the
superintendent after the
fifteenth day of February. Division
(F)(1) of this section does not apply after fiscal year 2006.
(2) If on the first school day of April the total number
of
classes or units for
preschool children with
disabilities that
are
eligible for approval under division (B) of
section 3317.05
of the
Revised Code exceeds the number of units
that have been
approved
for the year under that division, the
superintendent of
schools of
any city, exempted village,
or
cooperative education
school
district or educational
service
center shall make the
certifications required by this
section for
that day. If the
department determines additional units can be
approved for the
fiscal year within any limitations set forth in
the acts
appropriating moneys for the funding of such units,
the
department shall approve additional units for the fiscal year on
the
basis of such average daily membership. For each unit so
approved, the department shall pay an amount
computed
in the
manner prescribed in section
3317.052 or 3317.19
and
section
3317.053 of the Revised Code.
(3) If a student attending a community school under Chapter
3314. or a science, technology, engineering, and mathematics
school established under Chapter 3326. of the Revised Code is not
included in the formula ADM
certified for the school
district in
which the student is entitled
to attend school under
section
3313.64 or 3313.65 of the Revised
Code, the department of
education shall adjust the formula ADM of
that school district to
include the student in
accordance with division
(C)(2) of this
section, and shall
recalculate the school
district's payments
under this chapter for
the entire fiscal year
on the basis of
that adjusted formula ADM.
This requirement
applies regardless of
whether the student was
enrolled, as
defined
in division (E) of
this section, in the
community school
or the science,
technology, engineering, and mathematics school
during
the week
for which the formula ADM is
being certified.
(4) If a student awarded an educational choice scholarship is
not included in the formula ADM of the school district from which
the department deducts funds for the scholarship under section
3310.08 of the Revised Code, the department shall adjust the
formula ADM of that school district to include the student to the
extent necessary to account for the deduction, and shall
recalculate the school district's payments under this chapter for
the entire fiscal year on the basis of that adjusted formula ADM.
This requirement applies regardless of whether the student was
enrolled, as defined in division (E) of this section, in the
chartered nonpublic school, the school district, or a community
school during the week for which the formula ADM is being
certified.
(G)(1)(a) The superintendent of an institution operating a
special education program pursuant to section 3323.091 of the
Revised Code shall, for the programs under such
superintendent's
supervision,
certify to the state board of education, in the
manner prescribed by the superintendent of public instruction,
both of the following:
(i) The average daily membership of all
children
with
disabilities other than preschool
children with
disabilities
receiving services at the institution
for each
category of
disability described in divisions
(A) to (F)
of section 3317.013
of the Revised Code;
(ii) The average
daily
membership of all
preschool children
with disabilities in classes or
programs
approved annually by the
department of education for unit funding
under section 3317.05 of
the Revised Code.
(b) The superintendent of an
institution with vocational
education units approved under
division (A) of section 3317.05 of
the Revised
Code shall, for the units under
the superintendent's
supervision, certify to the state board of
education the average
daily membership in those units, in the
manner prescribed by the
superintendent of public
instruction.
(2) The superintendent of each county MR/DD DD board that
maintains special education classes
under section 3317.20 of the
Revised Code or units approved
pursuant to section
3317.05 of the
Revised Code shall
do both of
the following:
(a) Certify to the state board, in the
manner prescribed by
the board, the average daily
membership in classes
under section
3317.20 of
the Revised Code for each
school district that has
placed children
in the classes;
(b) Certify to the state board, in the manner prescribed by
the
board, the number of all preschool children
with
disabilities
enrolled as of
the first day of December in classes
eligible for
approval
under division (B) of
section 3317.05 of the
Revised
Code, and the number of those
classes.
(3)(a)
If on the first school day of
April the number of
classes or units maintained for preschool
children
with
disabilities by
the county MR/DD DD board
that are eligible for
approval under
division (B) of section 3317.05 of the
Revised Code
is greater
than the number of units approved for the year under
that
division,
the superintendent shall make the
certification
required
by this section for that day.
(b) If the department determines that additional classes
or
units can be
approved for the fiscal year within any
limitations
set forth in
the acts appropriating moneys for the
funding of the
classes and units described in division (G)(3)(a)
of this
section,
the department shall approve and
fund
additional units for the
fiscal year on the basis of such average
daily membership. For
each
unit so approved, the department shall pay an
amount
computed
in the manner prescribed in
sections
3317.052 and
3317.053 of the
Revised
Code.
(H) Except as provided in division (I)
of this section, when
any city, local, or exempted village school
district provides
instruction for a nonresident pupil whose
attendance is
unauthorized attendance as defined in section
3327.06 of the
Revised Code, that pupil's membership shall not be
included in
that district's membership figure used in the
calculation of that
district's formula
ADM or included in the determination of any
unit approved for
the district under section 3317.05 of the
Revised Code. The
reporting official shall report separately the
average daily
membership of all pupils whose attendance in the
district is
unauthorized attendance, and the membership of each
such pupil
shall be credited to the school district in which the
pupil is
entitled to attend school under division (B) of section
3313.64
or section 3313.65 of the Revised Code as determined by
the
department of education.
(I)(1) A city, local, exempted village, or joint vocational
school
district admitting
a scholarship student
of a pilot project
district pursuant to division (C) of section 3313.976
of the
Revised Code may count such student in its average daily
membership.
(2) In any year for which funds are appropriated for pilot
project
scholarship programs, a school district implementing a
state-sponsored pilot
project scholarship program that year
pursuant to
sections 3313.974
to
3313.979 of the Revised
Code
may
count in average daily membership:
(a) All children residing in the district and utilizing a
scholarship to attend kindergarten in any alternative school, as
defined in
section 3313.974 of the Revised Code;
(b) All children who were enrolled in the district in the
preceding year who are utilizing a scholarship to attend any such
alternative
school.
(J) The superintendent of each cooperative education school
district shall certify to the superintendent of public
instruction, in a
manner prescribed by the state board of
education, the applicable average
daily memberships for all
students in the cooperative education district, also
indicating
the city, local, or exempted village district where each pupil is
entitled to attend school under section 3313.64 or 3313.65 of the
Revised
Code.
(K) If the superintendent of public instruction determines
that a component of the formula ADM certified or reported by a
district superintendent, or other reporting entity, is not
correct, the superintendent of public instruction may order that
the formula ADM used for the purposes of payments under any
section of Title XXXIII of the Revised Code be adjusted in the
amount of the error.
Sec. 3317.032. (A) Each city, local, exempted
village, and
cooperative education school district, each
educational service
center, each county
MR/DD DD board, and each institution operating
a
special education
program pursuant to section 3323.091 of the
Revised Code shall,
in accordance with procedures adopted by the
state board of
education, maintain a record of district membership
of both of
the following:
(1) All preschool children with disabilities in
units
approved
under division (B) of section 3317.05 of the
Revised
Code;
(2) All preschool children with disabilities who
are not in
units approved under division (B) of
section
3317.05 of
the
Revised Code but who are otherwise served by a
special
education
program.
(B) The superintendent of each district, board, or
institution subject to division (A) of this section shall certify
to the state board of education, in accordance with procedures
adopted by that board, membership figures of all
preschool
children with disabilities whose membership is
maintained under
division
(A)(2) of this section. The figures
certified under this
division shall be used in the determination
of
the ADM used to
compute funds for
educational
service center
governing boards
under
section 3317.11 of the Revised Code.
Sec. 3317.05. (A) For the purpose of calculating
payments
under sections
3317.052 and
3317.053 of the
Revised Code, the
department of
education shall determine for
each institution, by
the last day of
January of each year and
based on information
certified under
section 3317.03 of the
Revised Code, the number of
vocational
education units or
fractions of units
approved by the
department
on the basis of
standards
and rules adopted by the
state board of
education. As used in this
division,
"institution"
means an
institution operated by a
department specified in
section
3323.091
of the Revised Code and
that provides
vocational
education
programs under the supervision
of the
division of
vocational
education of the department
that meet the standards
and rules for
these programs,
including
licensure of professional
staff involved
in the
programs, as
established by the state
board.
(B) For the purpose of calculating payments
under sections
3317.052, 3317.053, 3317.11,
and 3317.19 of
the
Revised Code, the
department shall
determine, based
on
information certified under
section 3317.03 of the Revised
Code,
the following by the last day
of January of each
year for each
educational
service center, for
each school district, including
each
cooperative education school
district, for each institution
eligible for payment under section
3323.091 of
the Revised Code,
and for each county MR/DD DD board:
the
number of
classes operated
by the school district, service
center,
institution, or
county
MR/DD DD board for
preschool
children with
disabilities, or fraction
thereof, including in the
case of
a
district
or service center
that is a funding agent,
classes
taught by a
licensed teacher
employed by that district or
service
center under
section
3313.841
of the Revised Code,
approved
annually by the
department on the
basis of standards and
rules
adopted by
the
state board.
(C) For the purpose of calculating payments under sections
3317.052, 3317.053, 3317.11,
and 3317.19 of
the
Revised
Code, the
department shall determine, based on
information certified
under
section 3317.03 of the Revised
Code,
the following by the last
day
of January of each year for
each
school district, including each
cooperative education
school
district, for each institution
eligible for payment under
section
3323.091 of the Revised Code,
and for each county
MR/DD DD board:
the
number of
units for
related
services, as defined in section
3323.01 of the Revised
Code, for
preschool children with
disabilities approved annually
by the
department on the basis
of
standards and
rules adopted by
the
state board.
(D) All of the arithmetical calculations made under this
section shall be carried to the second decimal place. The total
number of units for school districts, service
centers, and
institutions
approved annually under this
section shall not exceed
the number of units included in the estimate of
cost for these
units and
appropriations made
for them by the
general assembly.
In the
case of units for preschool
children with
disabilities
described in division (B) of
this
section,
the
department shall approve only
preschool units
for
children
who
are under age six on the thirtieth day of September
of the
academic year, or on the first day of August of the
academic year
if the school district in which the child is
enrolled has adopted
a resolution under division (A)(3) of section
3321.01 of the
Revised Code, but not less
than age three on
the
first
day of
December of the academic
year, except that
such a
unit may
include one or more children who
are under age
three or
are age
six or over on the applicable date, as reported under
division
(B)(2) or (G)(2)(b) of section 3317.03 of the Revised
Code, if
such children
have been admitted to the unit pursuant
to
rules of
the state
board. The number of units for
county MR/DD
DD boards
and
institutions eligible
for payment under
section
3323.091 of
the
Revised Code approved
under this section
shall not
exceed
the
number that
can be funded
with appropriations
made for
such
purposes by the general
assembly.
No unit shall be approved under divisions (B)
and (C) of this
section unless a plan has been submitted and
approved under
Chapter 3323. of the Revised Code.
(E) The department shall approve
units or fractions thereof
for gifted children on the basis of standards and
rules adopted by
the state board.
Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 and
3317.11
of the Revised Code, a unit funded pursuant to division
(L) of section 3317.024 or division (A)(2)
of section
3317.052 of
the Revised Code shall not be approved for
state
funding in one
school
district, including any cooperative
education school
district or any educational service
center, to
the extent that
such unit provides programs in or services to
another district
which receives payment pursuant to section
3317.04 of the
Revised
Code.
(2) Any city, local, exempted village, or
cooperative
education school district or any
educational service center may
combine partial unit eligibility for
programs for preschool
children with disabilities pursuant to
section 3317.05 of the
Revised Code, and
such
combined partial
units may be approved for
state funding in one
school
district or
service center.
(B) After units have been initially approved for any
fiscal
year under
section 3317.05 of the Revised Code, no unit shall be
subsequently
transferred
from a school district or educational
service center to another city,
exempted village, local, or
cooperative education school district or
educational
service
center or to an institution or
county MR/DD DD board solely for
the
purpose of reducing the financial
obligations of the school
district in a fiscal year it receives payment
pursuant to section
3317.04 of the Revised Code.
Sec. 3317.052. As used in this section,
"institution"
means
an institution operated by a department
specified in division (A)
of section
3323.091
of the Revised Code.
(A)(1) The department of education
shall pay each school
district, educational service center,
institution eligible for
payment under section 3323.091 of the Revised Code,
or county
MR/DD DD board an amount for the total of
all classroom units for
preschool children with disabilities approved under
division
(B)
of
section 3317.05 of the Revised Code. For each
unit, the amount
shall be the sum of the minimum salary for the
teacher of the
unit, calculated on the basis of the teacher's
training level
and
years of experience pursuant to
the salary
schedule prescribed in
the version of section 3317.13 of the
Revised
Code
in effect prior
to
July 1, 2001, plus fifteen per
cent of
that minimum salary
amount, and
eight thousand
twenty-three
dollars.
(2) The department shall pay each school district,
educational service
center, institution eligible for payment under
section 3323.091 of the Revised
Code, or county MR/DD DD board an
amount for the total
of all related services units for
preschool
children with disabilities approved
under division (C)
of section
3317.05
of the Revised Code. For each such
unit, the
amount shall
be the
sum
of the minimum salary for the teacher of
the unit
calculated
on the basis of
the teacher's training level
and years
of
experience pursuant to
the salary schedule prescribed
in the
version of section
3317.13 of the Revised Code
in effect
prior to
July 1, 2001,
fifteen per cent of that
minimum salary
amount,
and
two thousand
one hundred thirty-two
dollars.
(B) If a school district, educational service center, or
county MR/DD DD board has had additional
units
for preschool
children
with disabilities approved
for the year
under division
(F)(2) or
(G)(3) of
section
3317.03 of the Revised
Code, the
district,
educational
service
center, or board shall
receive an
additional
amount during
the
last half of the fiscal
year. For
each
district, center, or
board, the
additional amount
for each
unit
shall equal fifty per
cent of the
amounts computed
for the
unit
in the manner prescribed
by
division (A) of this
section
and
division (C) of section
3317.053 of the Revised Code.
(C) The department shall pay each institution approved
for
vocational education units
under division (A) of section
3317.05
of the Revised
Code an amount for the total of
all the
units
approved under that division. The amount for each
unit shall
be
the sum of the minimum salary for the teacher of
the unit,
calculated on the basis of the teacher's training
level and years
of experience pursuant to
the salary schedule prescribed in the
version of section 3317.13 of the
Revised Code
in effect prior to
July 1, 2001,
plus fifteen per cent of
that minimum salary amount,
and nine
thousand five hundred ten
dollars. Each institution that
receives units funds under this division annually shall
report to
the department on the delivery of services and the
performance of
students and any other information required by the
department to
evaluate the institution's vocational education
program.
Sec. 3317.07. The state board of education shall establish
rules for the purpose of distributing subsidies for the purchase
of school buses under division (D) of section 3317.024 of the
Revised Code.
No school bus subsidy payments shall be paid to any
district
unless such district can demonstrate that pupils
residing more
than one mile from the school could not be
transported without
such additional aid.
The amount paid to a county MR/DD DD board for buses
purchased
for transportation of children in special education
programs
operated by the board shall be based on a per pupil
allocation for
eligible students.
The amount paid to a school district for buses purchased
for
transportation of pupils with disabilities and
nonpublic school
pupils
shall be determined by a per pupil
allocation based on the
number of special education and nonpublic
school pupils for whom
transportation is provided.
The state board of education shall adopt a formula to
determine the amount of payments that shall be distributed to
school districts to purchase school buses for pupils other than
pupils with disabilities or nonpublic school pupils.
If any district or MR/DD county DD board obtains bus services
for
pupil
transportation pursuant to a contract, such district or
board may
use payments received under this section to defray the
costs of
contracting for bus services in lieu of for purchasing
buses.
If the department of education determines that a county MR/DD
DD board no longer needs a school bus because the board no longer
transports children to a special education program operated by the
board, or if the department determines that a school district no
longer needs a school bus to transport pupils to a nonpublic
school or special education program, the department may reassign a
bus that was funded with payments provided pursuant to this
section for the purpose of transporting such pupils. The
department may reassign a bus to a county MR/DD DD board or school
district that transports children to a special education program
designated in the children's individualized education plans, or to
a school district that transports pupils to a nonpublic school,
and needs an additional school bus.
Sec. 3317.15. (A) As
used in this section, "child with a
disability" has the same meaning
as in section
3323.01 of the
Revised Code.
(B) Each city, exempted
village, local, and joint vocational
school district shall
continue to comply with all requirements of
federal statutes and
regulations, the Revised
Code, and rules
adopted by the
state board of education governing education of
children with disabilities, including, but not limited
to,
requirements that
children with disabilities be
served by
appropriately licensed or
certificated education
personnel.
(C) Each city, exempted
village, local, and joint vocational
school district shall
consult with the educational service center
serving the county
in which the school district is located and, if
it elects to
participate pursuant to section 5126.04 of the
Revised
Code, the county
MR/DD DD board of that county, in
providing
services that serve the best interests of
children
with
disabilities.
(D) Each school district
shall annually provide documentation
to the department of
education that it employs the appropriate
number of licensed or
certificated personnel to serve the
district's
students with disabilities.
(E) The department
annually shall audit a sample of school
districts to ensure that
children with disabilities
are being
appropriately reported.
(F) Each school district
shall provide speech-language
pathology services at a ratio of
one speech-language pathologist
per two thousand students
receiving any educational services from
the district other than
adult education. Each district shall
provide school
psychological services at a ratio of one school
psychologist per
two thousand five hundred students receiving any
educational
services from the district other than adult education.
A
district may obtain the services of speech-language pathologists
and school psychologists by any means permitted by law,
including
contracting with an educational service center. If,
however, a
district is unable to obtain the services of the
required number
of speech-language pathologists or school
psychologists, the
district may request from the superintendent
of public
instruction, and the superintendent may grant, a
waiver of this
provision for a period of time established by the
superintendent.
Sec. 3317.20. This section does not apply to
preschool
children with disabilities.
(A) As used in this section:
(1)
"Applicable weight" means the multiple specified in
section
3317.013
of the Revised
Code
for a disability
described in
that
section.
(2)
"Child's school district" means the school district
in
which a child is entitled to attend school pursuant to
section
3313.64 or 3313.65 of the
Revised Code.
(3)
"State share percentage" means the state share
percentage
of the child's school district as defined in section
3317.022 of
the Revised Code.
(B)
Except as provided
in division
(C) of this
section,
the
department shall annually pay each county
MR/DD DD board for each
child with a disability,
other than a
preschool child with a
disability, for whom the
county
MR/DD DD board
provides
special
education and related
services
an amount equal to the formula
amount + (state share
percentage X formula amount X the
applicable weight).
(C) If any school
district places with a county
MR/DD DD
board
more
children with disabilities than it had placed
with a
county
MR/DD
DD board in fiscal year
1998, the department
shall
not make a
payment
under division
(B) of
this section for
the
number of
children
exceeding the number placed in fiscal
year
1998. The
department
instead shall deduct from the district's
payments
under
this
chapter, and pay to the county
MR/DD DD board,
an
amount
calculated
in accordance with the formula prescribed in
division
(B) of this
section for each
child over the number of
children
placed in
fiscal year
1998.
(D) The department shall
calculate for each county MR/DD DD
board receiving payments under divisions
(B) and
(C) of this
section the
following amounts:
(1) The amount received by the county
MR/DD DD board for
approved
special education and related services units, other than
units for preschool children with
disabilities, in fiscal year
1998, divided by the
total number of
children served in the units
that year;
(2) The product of the quotient calculated under division
(D)(1) of this section times
the number of children for whom
payments are made under
divisions
(B) and
(C) of this
section.
If the amount calculated under division
(D)(2) of this
section is
greater than the total amount calculated under
divisions
(B) and
(C) of this section, the
department shall
pay
the county
MR/DD DD board one hundred per
cent of the difference
in
addition to the payments under divisions
(B) and
(C) of
this
section.
(E) Each county MR/DD DD board shall report to the
department,
in the manner specified by the department, the name
of each child
for whom the county MR/DD DD board provides special
education and
related services and the child's school district.
(F)(1) For the purpose of verifying the accuracy of the
payments under this section, the department may request from
either of the following entities the data verification code
assigned under division (D)(2) of section 3301.0714 of the Revised
Code to any child who is placed with a county MR/DD DD board:
(a) The child's school district;
(b) The independent contractor engaged to create and maintain
data verification codes.
(2) Upon a request by the department under division (F)(1) of
this section for the data verification code of a child, the
child's school district shall submit that code to the department
in the manner specified by the department. If the child has not
been assigned a code, the district shall assign a code to that
child and submit the code to the department by a date specified by
the department. If the district does not assign a code to the
child by the specified date, the department shall assign a code to
the child.
The department annually shall submit to each school district
the name and data verification code of each child residing in the
district for whom the department has assigned a code under this
division.
(3) The department shall not release any data verification
code that it receives under division (F) of this section to any
person except as provided by law.
(G) Any document relative to special education and related
services provided by a county MR/DD DD board that the department
holds in its files that contains both a student's name or other
personally identifiable information and the student's data
verification code shall not be a public record under section
149.43 of the Revised Code.
Sec. 3319.22. (A)(1) The state board of education shall
adopt
rules
establishing the standards and requirements for
obtaining
temporary,
associate, provisional, and professional
educator
licenses of any categories,
types, and levels the board
elects to
provide. However, no educator license
shall be required
for
teaching children two years old or younger.
(2) If the state board requires any examinations for educator
licensure, the department of education shall provide the results
of such examinations received by the department to the Ohio board
of regents, in the manner and to the extent permitted by state and
federal law.
(B) Any rules the state board of education adopts, amends,
or
rescinds for
educator licenses under this section, division (D)
of
section 3301.07 of the
Revised Code, or any other law shall be
adopted, amended, or rescinded under
Chapter 119. of the Revised
Code
except as follows:
(1) Notwithstanding division (D) of
section 119.03 and
division (A)(1) of section
119.04 of the Revised Code, in the case
of the adoption of any rule or the
amendment or rescission of any
rule that necessitates institutions' offering teacher preparation
programs that are approved by the state board of education under
section 3319.23 of the Revised Code to revise the curriculum of
those programs, the effective date shall not be as prescribed in
division
(D) of section
119.03 and division (A)(1) of section
119.04 of the
Revised Code.
Instead, the
effective date of such
rules, or the amendment or rescission of such rules,
shall be
the
date prescribed
by
section 3319.23 of the Revised Code.
(2) Notwithstanding the authority to adopt, amend, or
rescind
emergency
rules in division (F) of section 119.03 of the
Revised
Code,
this authority shall not apply to the state board of
education with regard to
rules for educator licenses.
(C)(1) The rules adopted under this section establishing
standards requiring
additional coursework for the renewal of any
educator license shall require a
school district and a chartered
nonpublic school to establish local
professional development
committees. In a nonpublic school, the chief
administrative
officer shall establish the committees in any manner acceptable
to
such officer. The committees established under this division
shall
determine whether coursework that a district or chartered
nonpublic school
teacher proposes to complete meets the
requirement of the rules. The department of education shall
provide technical assistance and support to committees as the
committees incorporate the professional development standards
adopted by the state board of education pursuant to section
3319.61 of the Revised Code into their review of coursework that
is appropriate for license renewal. The rules
shall establish a
procedure
by which a teacher may appeal the decision of a
local
professional
development committee.
(2) In any school district in which there is no exclusive
representative
established under Chapter 4117. of the Revised
Code, the professional
development committees shall be established
as described in division (C)(2) of
this section.
Not later than the effective date of the rules adopted under
this section, the
board of education of each school district shall
establish the structure for
one or more local professional
development committees to be operated by such
school district.
The
committee structure so established by a district board
shall
remain in effect unless within thirty days prior to an anniversary
of
the date upon which the current committee structure was
established, the board
provides notice to all affected district
employees that the committee
structure is to be modified.
Professional development committees may have a
district-level or
building-level scope of operations, and may be
established
with
regard to particular grade or age levels for which an educator
license is
designated.
Each professional development committee shall consist of at
least three
classroom teachers employed by the district, one
principal employed by the
district, and one other employee of the
district appointed by the district
superintendent. For committees
with a building-level scope, the
teacher and
principal members
shall be assigned to that building, and the teacher members
shall
be elected by majority vote of the classroom teachers assigned to
that
building. For committees with a district-level scope, the
teacher
members
shall be elected by majority vote of the classroom
teachers of the district,
and the principal member shall be
elected by a majority vote of the principals
of the district,
unless there are two or fewer principals employed by the
district,
in which case the one or two principals employed shall serve on
the
committee. If a committee has a particular grade or age level
scope, the
teacher members shall be licensed to teach such grade
or age levels, and shall
be elected by majority vote of the
classroom teachers holding such a license
and the principal shall
be elected by all principals serving in buildings
where any such
teachers serve. The district superintendent shall appoint a
replacement to fill any vacancy that occurs on a professional
development
committee, except in the case of vacancies among the
elected classroom teacher
members, which shall be filled by vote
of the remaining members of the
committee so selected.
Terms of office on professional development committees shall
be prescribed by
the district board establishing the committees.
The conduct of elections for
members of professional development
committees shall be prescribed by the
district board establishing
the committees. A professional development
committee may include
additional members, except that the majority of members
on each
such committee shall be classroom teachers employed by the
district.
Any member appointed to fill a vacancy occurring prior
to the expiration date
of the term for which a predecessor was
appointed shall hold office as a
member for the remainder of that
term.
The initial meeting of any professional development
committee, upon election
and appointment of all committee members,
shall be called by a member
designated by the district
superintendent. At this initial meeting, the
committee shall
select a chairperson and such other officers the committee
deems
necessary, and shall adopt rules for the conduct of its meetings.
Thereafter, the committee shall meet at the call of the
chairperson or upon
the filing of a petition with the district
superintendent signed by a majority
of the committee members
calling for the committee to meet.
(3) In the case of a school district in which an exclusive
representative has
been established pursuant to Chapter 4117. of
the Revised Code, professional
development committees shall be
established in accordance with any collective
bargaining agreement
in effect in the district that includes provisions for
such
committees.
If the collective bargaining agreement does not specify a
different method for
the selection of teacher members of the
committees, the exclusive
representative of the district's
teachers shall select the teacher members.
If the collective bargaining agreement does not specify a
different structure
for the committees, the board of education of
the school district shall
establish the structure, including the
number of committees and the number of
teacher and administrative
members on each committee; the specific
administrative members to
be part of each committee; whether the scope of the
committees
will be district levels, building levels, or by
type of grade or
age
levels for which educator licenses are designated; the lengths
of terms for
members; the manner of filling vacancies on the
committees; and the frequency
and time and place of meetings.
However, in all cases, except as
provided in division (C)(4) of
this section, there shall be a
majority of teacher members of any
professional development committee, there
shall be at least five
total members of any professional development
committee, and the
exclusive representative shall designate replacement
members in
the case of vacancies among teacher members, unless the collective
bargaining agreement specifies a different method of selecting
such
replacements.
(4) Whenever an
administrator's coursework plan is being
discussed or voted
upon, the local professional development
committee shall, at the
request of one of its administrative
members, cause a majority
of the committee to consist of
administrative members by
reducing the number of teacher members
voting on the
plan.
(D)(1) The department of education, educational service
centers,
county boards of mental retardation and developmental
disabilities, regional professional development centers, special
education regional resource centers, college and university
departments of education, head start programs, the eTech Ohio
commission, and the Ohio education computer network may establish
local professional development committees to determine whether the
coursework
proposed by their
employees who are licensed or
certificated under this section or section
3319.222 of the Revised
Code meet the requirements of the
rules adopted under this
section. They may establish local professional
development
committees on their own or in
collaboration with a school district
or other agency having authority to
establish them.
Local professional development committees established by
county
boards of mental retardation and developmental disabilities
shall be
structured in a manner comparable to the structures
prescribed for
school districts in divisions (C)(2) and (3) of
this section, as
shall the committees established by any other
entity specified in
division (D)(1) of this section that provides
educational
services by employing or contracting for services of
classroom teachers
licensed or
certificated under this section or
section 3319.222 of the Revised
Code. All other entities
specified
in division (D)(1) of this
section shall structure their
committees in accordance with guidelines
which shall be issued by
the state board.
(2) Any public agency that is not specified in division
(D)(1) of
this section but provides educational services and
employs or
contracts for services of classroom teachers licensed
or
certificated under this section or section 3319.222 of the
Revised
Code may establish a local professional development
committee,
subject to the approval of the department of education.
The committee shall
be structured in
accordance with guidelines
issued by the state board.
Sec. 3319.99. (A) Whoever violates division (A) of section
3319.151 of the
Revised Code is guilty of a minor misdemeanor.
(B) Whoever violates division (H)(1) of section 3319.311 of
the Revised Code is guilty of a misdemeanor of the first degree.
(C)
Whoever violates division (F) of section 3319.313 of the
Revised Code shall be punished as follows:
(1) Except as otherwise provided in division (C)(2) of this
section, the person is guilty of a misdemeanor of the fourth
degree.
(2) The person is guilty of a misdemeanor of the first degree
if both of the following conditions apply:
(a) The employee who is the subject of the report that the
person fails to submit was required to be reported for the
commission or alleged commission of an act or offense involving
the infliction on a child of any physical or mental wound, injury,
disability, or condition of a nature that constitutes abuse or
neglect of the child;
(b) During the period between the violation of division (F)
of section 3319.313 of the Revised Code and the conviction of or
plea of guilty by the person for that violation, the employee who
is the subject of the report that the person fails to submit
inflicts on any child attending a school district, educational
service center, public or nonpublic school, or county board of
mental retardation and developmental disabilities where the
employee works any physical or mental wound, injury, disability,
or condition of a nature that constitutes abuse or neglect of the
child.
(D) Whoever violates division (B) or (D) of section 3319.317
of the Revised Code is guilty of a misdemeanor of the first
degree.
Sec. 3323.01. As used in this chapter:
(A) "Child with a disability" means a child who is at least
three years of age and less than twenty-two years of age; who has
mental retardation, a hearing impairment (including deafness), a
speech or language impairment, a visual impairment (including
blindness), a serious emotional disturbance, an orthopedic
impairment, autism, traumatic brain injury, an other health
impairment, a specific learning disability, deaf-blindness, or
multiple disabilities; and who, by reason thereof, needs special
education and related services.
A "child with a disability" may include a child who is at
least three years of age and less than six years of age; who is
experiencing developmental delays, as defined by standards adopted
by the state board of education and as measured by appropriate
diagnostic instruments and procedures in one or more of the
following areas: physical development, cognitive development,
communication development, social or emotional development, or
adaptive development; and who, by reason thereof, needs special
education and related services.
(B) "County MR/DD DD board" means a county board of mental
retardation and developmental disabilities.
(C) "Free appropriate public education" means special
education and related services that meet all of the following:
(1) Are provided at public expense, under public supervision
and direction, and without charge;
(2) Meet the standards of the state board of education;
(3) Include an appropriate preschool, elementary, or
secondary education as otherwise provided by the law of this
state;
(4) Are provided for each child with a disability in
conformity with the child's individualized education program.
(D) "Homeless children" means "homeless children and youths"
as defined in section 725 of the "McKinney-Vento Homeless
Assistance Act," 42 U.S.C. 11434a.
(E) "Individualized education program" or "IEP" means the
written statement described in section 3323.011 of the Revised
Code.
(F) "Individualized education program team" or "IEP team"
means a group of individuals composed of:
(1) The parents of a child with a disability;
(2) At least one regular education teacher of the child, if
the child is or may be participating in the regular education
environment;
(3) At least one special education teacher, or where
appropriate, at least one special education provider of the child;
(4) A representative of the school district who meets all of
the following:
(a) Is qualified to provide, or supervise the provision of,
specially designed instruction to meet the unique needs of
children with disabilities;
(b) Is knowledgeable about the general education curriculum;
(c) Is knowledgeable about the availability of resources of
the school district.
(5) An individual who can interpret the instructional
implications of evaluation results, who may be a member of the
team as described in divisions (F)(2) to (4) of this section;
(6) At the discretion of the parent or the school district,
other individuals who have knowledge or special expertise
regarding the child, including related services personnel as
appropriate;
(7) Whenever appropriate, the child with a disability.
(G) "Instruction in braille reading and writing" means the
teaching of the system of reading and writing through touch
commonly known as standard English braille.
(H) "Other educational agency" means a department, division,
bureau, office, institution, board, commission, committee,
authority, or other state or local agency, which is not a city,
local, or exempted village school district or an agency
administered by the department of mental retardation and
developmental disabilities, that provides or seeks to provide
special education or related services to children with
disabilities. The term "other educational agency" includes a joint
vocational school district.
(I) "Parent" of a child with a disability, except as used in
sections 3323.09 and 3323.141 of the Revised Code, means:
(1) A natural or adoptive parent of a child but not a foster
parent of a child;
(2) A guardian, but not the state if the child is a ward of
the state;
(3) An individual acting in the place of a natural or
adoptive parent, including a grandparent, stepparent, or other
relative, with whom the child lives, or an individual who is
legally responsible for the child's welfare;
(4) An individual assigned to be a surrogate parent, provided
the individual is not prohibited by this chapter from serving as a
surrogate parent for a child.
(J) "Preschool child with a disability" means a child with a
disability who is at least three years of age but is not of
compulsory school age, as defined under section 3321.01 of the
Revised Code, and who is not currently enrolled in kindergarten.
(K) "Related services" means transportation, and such
developmental, corrective, and other supportive services
(including speech-language pathology and audiology services,
interpreting services, psychological services, physical and
occupational therapy, recreation, including therapeutic
recreation, school nurse services designed to enable a child with
a disability to receive a free appropriate public education as
described in the individualized education program of the child,
counseling services, including rehabilitation counseling,
orientation and mobility services, school health services, social
work services in schools, and parent counseling and training, and
medical services, except that such medical services shall be for
diagnostic and evaluation purposes only) as may be required to
assist a child with a disability to benefit from special
education, and includes the early identification and assessment of
disabling conditions in children. "Related services" does not
include a medical device that is surgically implanted, or the
replacement of such device.
(L) "School district" means a city, local, or exempted
village school district.
(M) "School district of residence," as used in sections
3323.09, 3323.091, 3323.13, and 3323.14 of the Revised Code,
means:
(1) The school district in which the child's natural or
adoptive parents reside;
(2) If the school district specified in division (M)(1) of
this section cannot be determined, the last school district in
which the child's natural or adoptive parents are known to have
resided if the parents' whereabouts are unknown;
(3) If the school district specified in division (M)(2) of
this section cannot be determined, the school district determined
under section 2151.362 of the Revised Code, or if no district has
been so determined, the school district as determined by the
probate court of the county in which the child resides.
(4) Notwithstanding divisions (M)(1) to (3) of this section,
if a school district is required by section 3313.65 of the Revised
Code to pay tuition for a child, that district shall be the
child's school district of residence.
(N) "Special education" means specially designed instruction,
at no cost to parents, to meet the unique needs of a child with a
disability. "Special education" includes instruction conducted in
the classroom, in the home, in hospitals and institutions, and in
other settings, including an early childhood education setting,
and instruction in physical education.
(O) "Student with a visual impairment" means any person who
is less than twenty-two years of age and who has a visual
impairment as that term is defined in this section.
(P) "Transition services" means a coordinated set of
activities for a child with a disability that meet all of the
following:
(1) Is designed to be within a results-oriented process, that
is focused on improving the academic and functional achievement of
the child with a disability to facilitate the child's movement
from school to post-school activities, including post-secondary
education; vocational education; integrated employment (including
supported employment); continuing and adult education; adult
services; independent living; or community participation;
(2) Is based on the individual child's needs, taking into
account the child's strengths, preferences, and interests;
(3) Includes instruction, related services, community
experiences, the development of employment and other post-school
adult living objectives, and, when appropriate, acquisition of
daily living skills and functional vocational evaluation.
"Transition services" for children with disabilities may be
special education, if provided as specially designed instruction,
or may be a related service, if required to assist a child with a
disability to benefit from special education.
(Q) "Visual impairment" for any individual means that one of
the following applies to the individual:
(1) The individual has a visual acuity of 20/200 or less in
the better eye with correcting lenses or has a limited field of
vision in the better eye such that the widest diameter subtends an
angular distance of no greater than twenty degrees.
(2) The individual has a medically indicated expectation of
meeting the requirements of division (Q)(1) of this section over a
period of time.
(3) The individual has a medically diagnosed and medically
uncorrectable limitation in visual functioning that adversely
affects the individual's ability to read and write standard print
at levels expected of the individual's peers of comparable ability
and grade level.
(R) "Ward of the state" has the same meaning as in section
602(36) of the "Individuals with Disabilities Education
Improvement Act of 2004," 20 U.S.C. 1401(36).
Sec. 3323.02. As used in this section, "IDEIA" means the
"Individuals with Disabilities Education Improvement Act of 2004,"
Pub. L. No. 108-446.
It is the purpose of this chapter to
ensure that all
children with disabilities residing in this
state who are at
least three years of age and less than twenty-two
years of age,
including children with disabilities who have been
suspended or
expelled from school, have available to them a free
appropriate
public
education. No school district, county MR/DD DD board, or
other
educational agency shall receive state or federal funds for
special education and related services unless those services for
children with disabilities are provided in accordance with IDEIA
and related provisions of the Code of Federal Regulations, the
provisions of this chapter, rules and standards adopted by the
state board of education, and any procedures or guidelines issued
by the superintendent of public instruction. Any options or
discretion provided to the state by IDEIA may be exercised in
state law or in rules or standards adopted by the state board of
education.
The state board of education shall establish rules or
standards for the provision of special education and related
services for all children with disabilities who are at least three
years of age and less than twenty-two years of age residing in the
state, regardless of the severity of their disabilities, including
children with disabilities who have been suspended or expelled
from school. The state law and the rules or standards of the state
board of education may impose requirements that are not required
by IDEIA or related provisions of the Code of Federal Regulations.
The school district of residence is responsible, in all instances,
for ensuring that the requirements of Part B of IDEIA are met for
every eligible child in its jurisdiction, regardless of whether
services are provided by another school district, other
educational agency, or other agency, department, or entity, unless
IDEIA or related provisions of the Code of Federal Regulations,
another section of this chapter, or a rule adopted by the state
board of education specifies that another school district, other
educational agency, or other agency, department, or entity is
responsible for ensuring compliance with Part B of IDEIA.
Notwithstanding division (A)(4) of section 3301.53 of the
Revised Code and any rules adopted pursuant to that section and
division (A) of section 3313.646 of the Revised Code, a board of
education of a school district may provide special education and
related services for
preschool children with disabilities in
accordance with this
chapter and section 3301.52, divisions (A)(1)
to (3) and (A)(5)
and (6) of section 3301.53, and sections 3301.54
to
3301.59 of
the Revised Code.
The superintendent of public
instruction may require any
state or local
agency to provide
documentation that
special
education and related services for children with
disabilities
provided by the agency are in compliance with the
requirements of
this chapter.
Not later than the first day of February of each year the
superintendent of public instruction shall furnish the
chairpersons
of the education committees of the house of
representatives and
the senate with a report on the status of
implementation of
special education and related
services for
children with disabilities required by
this
chapter. The report
shall include but shall not be limited to
the following items: the
most recent available figures on the
number of children identified
as
children with disabilities and the number of identified
children
receiving special education and related services.
The
information
contained in these reports shall be public
information.
Sec. 3323.021. As used in this section,
"participating
county MR/DD DD board" means a
county board of mental retardation
and
developmental
disabilities electing to participate in the
provision of or
contracting for educational services for children
under division
(D) of section 5126.05 of the Revised Code.
(A) When a school district, educational service
center, or
participating county
MR/DD DD board enters into an
agreement or
contract with another school district, educational
service center,
or participating county
MR/DD DD board to provide
educational
services to a disabled child during a school year,
both of the
following shall apply:
(1) Beginning with fiscal year 1999, if the provider of the
services
intends to increase
the amount it charges for some or all
of those services during
the next school year or if the provider
intends to cease
offering all or part of those services during the
next school
year, the provider shall notify the entity for which
the
services are provided of these intended changes no later that
than
the first day of March of the
current fiscal year.
(2) Beginning with fiscal year 1999, if the entity for which
services are
provided intends
to cease obtaining those services
from the provider for the next
school year or intends to change
the type or amount of services
it obtains from the provider for
the next school year, the
entity shall notify the service provider
of these intended
changes no later than the first day of
March of
the current fiscal
year.
(B) School districts,
educational service centers,
participating county
MR/DD DD boards, and other
applicable
governmental entities shall collaborate where
possible to maximize
federal sources of revenue to provide additional
funds for
special
education related services for disabled
children.
Annually, each
school district shall report to the department of
education any
amounts of money the district received through such
medical
assistance program.
(C) The state board of
education, the department of mental
retardation and
developmental disabilities, and the department of
job and family
services
shall develop working agreements for
pursuing additional funds
for services for disabled children.
Sec. 3323.03. The state board of education shall, in
consultation with the department of health, the department of
mental health, and the
department of mental retardation and
developmental disabilities,
establish standards and procedures for
the identification,
location, and evaluation of all
children with
disabilities residing in the
state, including
children with
disabilities who are homeless children or are wards
of the state
and children with disabilities attending nonpublic
schools,
regardless of the severity of their disabilities,
and who are in
need of special education and related services. The
state board
shall develop and implement a practical method to
determine which
children with disabilities are currently receiving
needed special
education and related services.
In conducting the evaluation, the board of education of each
school district shall use a variety of assessment tools and
strategies to gather relevant functional, developmental, and
academic information about the child, including information
provided by the child's parent. The board of
education of each
school district, in consultation with the
county MR/DD
DD board,
the
county family and children first council, and the board
of
alcohol, drug addiction, and
mental health services of each
county in which the school
district has territory, shall
identify, locate, and evaluate all
children with
disabilities
residing within the district to determine
which
children with
disabilities are not receiving
appropriate special
education and
related services. In addition,
the board of education of each
school district, in consultation
with such county boards or
council, shall identify, locate, and
evaluate all children with
disabilities who are enrolled by their
parents in nonpublic
elementary and secondary schools located
within the public school
district, without regard to where those
children reside in
accordance with rules of the state board of
education or
guidelines of the superintendent of public
instruction.
Each county MR/DD DD board, county family and
children first
council, and board of alcohol, drug addiction, and
mental
health
services and the board's or council's contract
agencies may
transmit to
boards of education the names and
addresses of
children with disabilities who are not
receiving appropriate
special education and
related services.
Sec. 3323.04. The state board of education, in
consultation
with the department of mental health and the
department of mental
retardation and developmental disabilities,
shall establish
procedures and standards for the development of individualized
education programs for children with disabilities.
The state board shall require the board of education of
each
school district to develop an individualized education program for
each child
with a disability who is at least three years of age
and less than
twenty-two years of age residing in the district in
a manner that
is in accordance with rules of the state board.
Prior to the placement of a child with a
disability in a
program
operated under section 3323.09 of the
Revised Code, the
district board of
education shall consult the
county MR/DD DD
board
of the county in which the child
resides regarding the
proposed
placement.
A child with a disability enrolled in a nonpublic school or
facility shall be provided special education and related services,
in accordance with an individualized education program, at no cost
for those services, if the child is placed in, or referred to,
that nonpublic school or facility by the department of education
or a school district.
The IEP team shall review the individualized education
program of each child with a disability periodically, but at least
annually, to determine whether the annual goals for the child are
being achieved, and shall revise the individualized education
program as appropriate.
The state board shall establish procedures and standards to
assure that to the maximum extent appropriate,
children with
disabilities, including children in public or
private
institutions or
other care facilities, shall be educated
with
children who are
not disabled. Special classes,
separate schools,
or other removal of children with disabilities
from the regular
educational environment shall be used only when
the nature or
severity of a child's disability is such that
education in
regular classes with supplementary aids and services
cannot be
achieved satisfactorily.
If an agency directly affected by a placement decision
objects to such decision, an impartial hearing
officer,
appointed
by the
department of education from a
list prepared by the
department,
shall conduct a hearing to review the
placement
decision. The
agencies that are parties to a hearing
shall divide
the costs of
such hearing equally. The decision of
the hearing
officer shall
be final, except that any party to the
hearing who
is aggrieved by the findings or the decision of the
hearing
officer may appeal the findings or decision in accordance
with
division (H) of section 3323.05 of the Revised Code or the
parent
of any child affected by such decision may
present a complaint in
accordance with that section.
Sec. 3323.05. The state board of education shall establish
procedures to ensure that children with
disabilities and their
parents
are guaranteed procedural
safeguards under this
chapter
with respect to a free appropriate
public education.
The procedures shall include, but need not be limited to:
(A) An opportunity for the parents of a child with a
disability to examine all
records related to the child
and to
participate in meetings with respect to identification,
evaluation,
and educational placement of the child, and to
obtain an independent educational evaluation
of the child;
(B) Procedures to protect the rights of the child
whenever
the
parents of the child are not
known, an agency after making
reasonable efforts cannot find the
parents, or the
child is a
ward of the state, including the
assignment, in
accordance with
section 3323.051 of the Revised
Code, of an
individual to act as
a surrogate for the parents;
(C) Prior written notice to the child's parents of
a
school
district's proposal or refusal to initiate or change the
identification,
evaluation, or educational placement of the child
or the provision of a free appropriate education for the
child.
The procedures established under this division shall:
(1) Be designed to ensure that the written prior notice is in
the native language of the parents, unless it clearly is not
feasible to do so.
(2) Specify that the prior written notice shall include:
(a) A description of the action proposed or refused by the
district;
(b) An explanation of why the district proposes or refuses to
take the action and a description of each evaluation procedure,
assessment, record, or report the district used as a basis for the
proposed or refused action;
(c) A statement that the parents of a child with a disability
have protection under the procedural safeguards and, if the notice
is not in regard to an initial referral for evaluation, the means
by which a copy of a description of the procedural safeguards can
be obtained;
(d) Sources for parents to contact to obtain assistance in
understanding the provisions of Part B of the "Individuals with
Disabilities Education Improvement Act of 2004";
(e) A description of other options considered by the IEP team
and the reason why those options were rejected;
(f) A description of the factors that are relevant to the
agency's proposal or refusal.
(D) An opportunity for the child's parents to
present
complaints to the superintendent of the child's school
district
of residence with respect to any matter relating to the
identification, evaluation, or
educational placement of the child,
or the provision of a free appropriate public
education under
this chapter.
Within twenty school days after receipt of a complaint, the
district superintendent or the superintendent's designee, without
undue delay and at a time and place convenient to all parties,
shall review the case, may conduct an administrative review, and
shall notify all parties in writing of the superintendent's or
designee's decision. Where the child is placed in a program
operated by a county MR/DD DD board or other educational agency,
the
superintendent shall consult with the administrator of that
county
MR/DD DD board or agency.
Any party aggrieved by the decision of the district
superintendent or the superintendent's designee may file a
complaint with the state board as provided under division (E) of
this section, request mediation as provided under division (F) of
this section, or present a due process complaint notice and
request for a due process hearing in writing to the superintendent
of the district, with a copy to the state board, as provided under
division (G) of this section.
(E) An opportunity for a party to file a complaint with the
state board of education with respect to the identification,
evaluation, or educational placement of the child, or the
provision of a free appropriate public education to such child.
The department of education shall review and, where appropriate,
investigate the complaint and issue findings.
(F) An opportunity for parents and a school district to
resolve through mediation disputes involving any matter.
(1) The procedures established under this section shall
ensure that the mediation process is voluntary on the part of the
parties, is not used to deny or delay a parent's right to a due
process hearing or to deny any other rights afforded under this
chapter, and is conducted by a qualified and impartial mediator
who is trained in effective mediation techniques.
(2) A school district may establish procedures to offer to
parents and schools that choose not to use the mediation process,
an opportunity to meet, at a time and location convenient to the
parents, with a disinterested party to encourage the use, and
explain the benefits, of the mediation process to the parents. The
disinterested party shall be an individual who is under contract
with a parent training and information center or community parent
resource center in the state or is under contract with an
appropriate alternative dispute resolution entity.
(3) The department shall maintain a list of individuals who
are qualified mediators and knowledgeable in laws and regulations
relating to the provision of special education and related
services.
(4) The department shall bear the cost of the mediation
process, including the costs of meetings described in division
(F)(2) of this section.
(5) Each session in the mediation process shall be scheduled
in a timely manner and shall be held in a location that is
convenient to the parties to the dispute.
(6) Discussions that occur during the mediation process shall
be confidential and shall not be used as evidence in any
subsequent due process hearing or civil proceeding.
(7) In the case that a resolution is reached to resolve the
complaint through the mediation process, the parties shall execute
a legally binding agreement that sets forth the resolution and
that:
(a) States that all discussions that occurred during the
mediation process shall be confidential and shall not be used as
evidence in any subsequent due process hearing or civil
proceeding;
(b) Is signed by both the parent and a representative for the
school district who has the authority to bind the district;
(c) Is enforceable in any state court of competent
jurisdiction or in a district court of the United States.
(G)(1) An opportunity for parents or a school district to
present a due process complaint and request for a due process
hearing to the superintendent of the school district of the
child's residence with respect to the identification, evaluation,
or educational placement of the child, or the provision of a free
appropriate public education to the child. The party presenting
the due process complaint and request for a due process hearing
shall provide due process complaint notice to the other party and
forward a copy of the notice to the state board. The due process
complaint notice shall include:
(a) The name of the child, the address of the residence of
the child, or the available contact information in the case of a
homeless child, and the name of the school the child is attending;
(b) A description of the nature of the problem of the child
relating to the proposed initiation or change, including facts
relating to the problem;
(c) A proposed resolution of the problem to the extent known
and available to the party at the time.
A party shall not have a due process hearing until the party,
or the attorney representing the party, files a notice that meets
the requirement for filing a due process complaint notice.
A due process hearing shall be conducted by an impartial
hearing officer in accordance with standards and procedures
adopted by the state board. A hearing officer shall not be an
employee of the state board or any agency involved in the
education or care of the child or a person having a personal or
professional interest that conflicts with the person's objectivity
in the hearing. A hearing officer shall possess knowledge of, and
the ability to understand, the provisions of the "Individuals with
Disabilities Education Improvement Act of 2004," federal and state
regulations pertaining to that act, and legal interpretations of
that act by federal and state courts; possess the knowledge and
ability to conduct hearings in accordance with appropriate
standard legal practice; and possess the knowledge and ability to
render and write decisions in accordance with appropriate standard
legal practice. The due process requirements of section 615 of the
"Individuals with Disabilities Education Improvement Act of 2004,"
20 U.S.C. 1415, apply to due process complaint notices and
requests for due process hearings and to due process hearings held
under division (G) of this section, including, but not limited to,
timelines for requesting hearings, requirements for sufficient
complaint notices, resolution sessions, and sufficiency and
hearing decisions.
(2) Discussions that occur during a resolution session shall
be confidential and shall not be used as evidence in any
subsequent due process hearing or civil proceeding. If a
resolution to the dispute is reached at a resolution session, the
parties must execute a legally binding written settlement
agreement which shall state that all discussions that occurred
during the resolution process shall be confidential and shall not
be used as evidence in any subsequent due process hearing or civil
proceeding.
(3) A party to a hearing under division (G) of this
section
shall be accorded:
(a) The right to be accompanied and advised by counsel and
by
individuals with special knowledge or training with respect to
the
problems of children with disabilities;
(b) The right to present evidence and confront,
cross-examine, and compel the attendance of witnesses;
(c) The right to a written or electronic verbatim record
of
the hearing;
(d) The right to written findings of fact and decisions,
which findings of fact and decisions shall be made available to
the public consistent with the requirements relating to the
confidentiality of personally identifiable data, information, and
records collected and maintained by state educational agencies and
local educational agencies; and shall be transmitted to the
advisory panel established and maintained by the department for
the purpose of providing policy guidance with respect to special
education and related services for children with disabilities in
the state.
(H) An opportunity for any party aggrieved by the findings
and decision rendered in a hearing under division (G) of this
section to appeal within forty-five days of notification of the
decision to the state board, which shall appoint a
state level
officer who shall review the case and issue
a final
order. The
state level officer shall be
appointed and shall review
the case
in accordance with standards
and procedures adopted by
the state
board.
Any party aggrieved by the final order of the
state
level
officer may appeal the final order, in accordance with
Chapter
119. of the Revised Code, within forty-five days
after
notification of the order to the court of common pleas of the
county in which the child's school district of residence is
located, or to a district
court of the United States within
ninety days after the date of
the decision of the state level
review officer, as provided in
section 615(i)(2) of the
"Individuals with Disabilities Education
Improvement Act of
2004," 20 U.S.C. 1415(i)(2).
Sec. 3323.09. (A) As used in this section:
(1)
"Home" has the meaning given in section 3313.64 of the
Revised Code.
(2)
"Preschool child" means a child who is at least age
three
but under age six on the thirtieth day of September of an
academic
year.
(B) Each county MR/DD DD board shall establish special
education
programs for all children with disabilities who in
accordance
with section 3323.04 of the Revised Code have been
placed in
special education programs operated by the county board
and for
preschool children who are developmentally delayed or at
risk of
being developmentally delayed. The board annually shall
submit
to
the department of education a plan for the provision of
these
programs and, if applicable, a request for approval of units
under
section 3317.05 of the Revised Code. The superintendent of
public
instruction shall review the plan and approve or modify it
in
accordance with rules adopted by the state board of education
under section 3301.07 of the Revised Code. The superintendent of
public instruction shall compile the plans submitted by county
boards and shall submit a comprehensive plan to the state board.
A county MR/DD DD board may combine transportation for
children
enrolled in
classes funded under section 3317.20 or units
approved
under section 3317.05 with
transportation for children
and adults
enrolled in programs and
services offered by the board
under
section 5126.12 of the Revised Code.
(C) A county MR/DD DD board that during the school year
provided
special education pursuant to this section for any
child
with
mental disabilities under twenty-two years
of age shall
prepare
and submit the following reports and
statements:
(1) The board shall prepare a statement for each child who
at
the time of receiving such special education was a resident of
a
home and was not in the legal or permanent custody of an Ohio
resident or a government agency in this state, and whose natural
or adoptive parents
are not known to have been residents of this
state subsequent to
the child's birth. The statement shall contain
the child's name,
the name of
the child's school district of
residence, the
name
of
the
county board providing the special
education, and the
number
of
months, including any fraction of a
month, it was
provided.
Not
later than the thirtieth day of June,
the board
shall forward
a
certified copy of such statement to both
the
director of mental
retardation and developmental disabilities
and
to the home.
Within thirty days after its receipt of a statement, the
home
shall pay tuition to the county board computed in the manner
prescribed by section 3323.141 of the Revised Code.
(2) The board shall prepare a report for each school
district
that is the school district of residence of one or more
of such
children for whom statements are not required by division
(C)(1)
of this section. The report shall contain the name of the
county
board providing special education, the name of each child
receiving special education, the number of months, including
fractions of a month, that
the child received it, and the
name
of
the
child's school district of residence. Not later than the
thirtieth day of June, the board shall forward certified copies
of
each report to the school district named in the report, the
superintendent of public instruction, and the director of mental
retardation and developmental disabilities.
Sec. 3323.091. (A) The department of mental health, the
department of mental retardation and developmental disabilities,
the department of youth services, and the department of
rehabilitation and correction shall establish and maintain
special
education programs for children with disabilities in
institutions
under
their jurisdiction according to standards
adopted by the
state
board of education.
(B) The superintendent of
each state institution required to
provide services under division (A) of this section, and each
county MR/DD DD board,
providing special education for
preschool
children with disabilities under this chapter
may apply
to the
state department of education for unit funding,
which shall
be
paid in accordance with sections
3317.052
and
3317.053 of the
Revised Code.
The superintendent of each state institution required to
provide services under division (A) of this section may apply to
the department of education for special education and related
services weighted funding for children with
disabilities other
than preschool children with
disabilities, calculated in
accordance with section 3317.201 of
the Revised Code.
Each county MR/DD DD board providing special education for
children with disabilities other than
preschool children with
disabilities may apply to the department
of education for base
cost and special education and related
services weighted funding
calculated in accordance with section
3317.20 of the Revised
Code.
(C) In addition to the authorization to apply for state
funding described in division (B) of this section, each state
institution required to provide services under division (A) of
this section is entitled to tuition payments calculated in the
manner described in division (C) of this section.
On or before the thirtieth day of June of each year,
the
superintendent of each institution that during the school
year
provided special education pursuant to this section shall
prepare
a statement for each child with a disability under
twenty-two
years of
age who has received special education. The
statement
shall
contain the child's data verification code
assigned
pursuant to division (D)(2) of section 3301.0714 of the
Revised
Code and the name of the child's school
district of
residence.
Within sixty days after receipt of such
statement, the
department
of education shall perform one of the
following:
(1) For any child except a preschool child
with a
disability
described in division (C)(2) of this section, pay to
the
institution submitting the statement an amount equal to the
tuition calculated under division (A) of section 3317.08 of the
Revised Code for the period covered by the statement, and deduct
the same from the amount of state funds, if any, payable under
sections 3317.022 and 3317.023 of the Revised Code, to the
child's
school district of residence or, if the amount of such
state funds
is insufficient, require the child's school district
of residence
to pay the institution submitting the statement an
amount equal to
the amount determined under this division.
(2) For any preschool child with a disability not
included
in a
unit approved under division (B) of section 3317.05
of the
Revised
Code, perform the following:
(a) Pay to the institution submitting the statement an
amount
equal to the tuition calculated under division (B) of
section
3317.08 of the Revised Code for the period covered by the
statement, except that in calculating the tuition under that
section the operating expenses of the institution submitting the
statement under this section shall be used instead of the
operating expenses of the school district of residence;
(b) Deduct from the amount of state funds, if any, payable
under sections 3317.022 and 3317.023 of the Revised Code to the
child's school district of residence an amount equal to the
amount
paid under division (C)(2)(a) of this section.
Sec. 3323.12. The board of education of a school district
shall provide home
instruction for children with disabilities who
are at least three years of age
and less than twenty-two years of
age and who are
unable to attend
school, even with the help of
special transportation. The
board
may arrange for the provision
of home instruction for a child by a
cooperative agreement or
contract with a county MR/DD DD board or other
educational
agency.
For the purposes
of determining formula ADM
under section
3317.03
of the Revised
Code, five hours of home
instruction
shall be
equivalent to attendance for
five school
days.
Sec. 3323.141. (A) When a child who is not in the legal
or
permanent custody of an Ohio resident or a government agency
in
this state and whose natural or adoptive parents are not known to
have been
residents of this state subsequent to the child's birth
is a
resident of a home as defined in section 3313.64 of the
Revised
Code and receives special education and related services
from a
school district or county MR/DD DD board, the home shall
pay
tuition to the
board providing the special education.
(B) In the case of a child described in division (A) of
this
section who receives special education and related services
from a
school district, tuition shall be the amount determined
under
division (B)(1) or (2) of this section.
(1) For a child other than a child described in division
(B)(2) of this section the tuition shall be an amount equal to the
sum of
the following:
(a) Tuition as determined in the manner provided for by
division (B) of section 3317.081 of
the Revised Code for the
district that provides the special education;
(b) Such excess cost as is determined by using a formula
established by rule of the department of education. The excess
cost computed in this section shall not be used as excess cost
computed under section 3323.14 of the Revised Code.
(2) For a child who is a preschool child with a
disability
not
included in a unit approved under division (B) of
section
3317.05
of the Revised Code, the tuition shall be computed
as
follows:
(a) Determine the amount of the tuition of the district
providing the education for the child as calculated under
division
(B) of section 3317.08 of the Revised Code;
(b) For each type of special education service included in
the computation of the amount of tuition under division (B)(2)(a)
of this section, divide the amount determined for that
computation
under division (B)(2) of section 3317.08 of the
Revised Code by
the total number of preschool
children with
disabilities used for
that computation under division (B)(3) of
section 3317.08 of the
Revised Code;
(c) Determine the sum of the quotients obtained under
division (B)(2)(b) of this section;
(d) Determine the sum of the amounts determined under
divisions (B)(2)(a) and (c) of this section.
(C) In the case of a child described in division (A) of
this
section who receives special education and related services
from a
county MR/DD DD board, tuition shall be the amount determined
under
division (C)(1) or (2) of this section.
(1) For a child other than a child described in division
(C)(2) of this section, the tuition shall be an amount equal to
such board's per capita cost of providing special education and
related services for children at least three but
less than
twenty-two years of age as determined by using a formula
established by rule of the department of mental retardation and
developmental disabilities.
(2) For a child who is a preschool child with a
disability
not
included in a unit approved under division (B) of
section
3317.05
of the Revised Code, the tuition shall equal the
sum of
the
amounts of each such board's per capita cost of
providing
each of
the special education or related service that
the child
receives.
The calculation of tuition shall be made by
using a
formula
established by rule of the department of mental
retardation and
developmental disabilities. The formula for the
calculation of
per capita costs under division (C)(2) of this
section shall be
based only on each such MR/DD county DD board's
cost of
providing each
type of special education or related
service to
preschool
children with disabilities not included in
a
unit
approved under division (B)
of
section 3317.05 of the
Revised
Code.
(D) If a home fails to pay the tuition required under this
section, the board of education or county MR/DD DD board providing
the education
may
recover in a civil action the tuition and the
expenses
incurred
in prosecuting the action, including court
costs and
reasonable
attorney's fees. If the prosecuting attorney
or city
director of
law represents the board in such action,
costs and
reasonable
attorney's fees awarded by the court, based
upon the
time spent preparing
and presenting the case by the
prosecuting
attorney, director, or a
designee of either, shall be
deposited in
the county or city general fund.
Sec. 3323.142. This section does not apply to any
preschool
child with a disability except if included
in a unit approved
under division (B) of section 3317.05 of the
Revised Code.
As used in this section, "per pupil amount" for a
preschool
child with a disability included in such an approved
unit means
the
amount determined by dividing the amount received
for the
classroom unit in which the child has been placed by the
number of
children in the unit. For any other child, "per pupil
amount"
means the
amount paid for the child under section 3317.20
of the
Revised
Code.
When a school district places or has placed a child with a
county MR/DD DD board for special education, but another district
is
responsible for tuition under section 3313.64 or 3313.65 of the
Revised Code and the child is not a resident of the territory
served by the county MR/DD DD board, the board may charge the
district responsible for tuition with the educational costs in
excess of the per pupil amount received by the board under
Chapter
3317. of the Revised Code. The amount of the excess cost
shall be
determined by the formula established by rule of the
department of
education under section 3323.14 of the Revised
Code, and the
payment for such excess cost shall be made by the
school district
directly to the county MR/DD DD board.
A school district board of education and the county MR/DD
DD
board that serves the school district may negotiate and contract,
at or after the time of placement, for payments by the board of
education to the county MR/DD DD board for additional services
provided to a child placed with the county MR/DD DD board and
whose
individualized education program established pursuant to
section
3323.08 of the Revised Code requires additional services
that are
not routinely provided children in the county MR/DD DD
board's
program but are necessary to maintain the child's
enrollment and
participation in the program. Additional services
may include,
but
are not limited to, specialized supplies and
equipment for
the
benefit of the child and instruction, training,
or assistance
provided by staff members other than staff members
for which
funding is received under
Chapter 3317. of the Revised
Code.
Sec. 3326.99. (A) Whoever violates division (F) of section
3326.24 of
the Revised Code shall be punished as follows:
(1) Except as otherwise provided in division (A)(2) of this
section,
the person is guilty of a misdemeanor of the fourth
degree.
(2) The person is guilty of a misdemeanor of the first degree
if
both of the following conditions apply:
(a) The employee who is the subject of the report that the
person
fails to submit was required to be reported for the
commission or
alleged commission of an act or offense involving
the infliction
on a child of any physical or mental wound,
injury, disability, or
condition of a nature that constitutes
abuse or neglect of the
child;
(b) During the period between the violation of division (F)
of section 3326.24 of the Revised Code and the conviction of or
plea of guilty by the person for that violation, the employee who
is the subject of the report that the person fails to submit
inflicts on any child attending a school district, educational
service center, public or nonpublic school, or county board of
mental retardation and developmental disabilities where the
employee works any physical or mental wound, injury, disability,
or condition of a nature that constitutes abuse or neglect of the
child.
(B) Whoever violates division (B) of section 3326.243 of the
Revised Code is guilty of a misdemeanor of the first degree.
Sec. 3701.93. As used in sections 3701.931 to 3701.936 of the
Revised Code:
(A) "Board of health" has the same meaning as in section
3717.01 of the Revised Code.
(B) "Nonpublic school" means a chartered nonpublic school
that meets the minimum education standards prescribed by the state
board of education under section 3301.07 of the Revised Code.
"Nonpublic school" includes facilities used for child care
programs for preschool children operated by the school.
(C) "Public school" means either of the following:
(1) A school operated by a school district, educational
service center, or county board of mental retardation and
developmental disabilities, including facilities used for child
care programs for preschool children operated by the district,
center, or board;
(2) A community school established under Chapter 3314. of the
Revised Code, including a facility operated by an internet- or
computer-based community school, as defined in section 3314.02 of
the Revised Code, that is used as a classroom or laboratory for
one or more students. "Public school" does not mean the residence
of a student enrolled in an internet- or computer-based community
school.
(D) "School" does not mean any of the following:
(1) A child care program for preschool children that is
licensed by the department of job and family services pursuant to
Chapter 5104. of the Revised Code;
(2) A child care program for preschool children that is not
operated by a public or nonpublic school;
(3) A chartered kindergarten that is associated with a
freestanding preschool and that is not operated by a school
district, educational service center, or county board of mental
retardation and developmental disabilities.
Sec. 3701.932. (A) Each board of health shall report the
findings from the inspection of each public and nonpublic school
building and associated grounds conducted under section 3701.931
of the Revised Code to all of the following:
(1) The principal or chief administrator of the building;
(2) The administrator responsible for facility operations and
maintenance on behalf of the school district, educational service
center, county board of mental retardation and developmental
disabilities, or community school controlling the inspected
building and grounds;
(3) In the case of a school operated by a school district,
the superintendent and board of education of that district;
(4) In the case of a school operated by an educational
service center or county board of mental retardation and
developmental disabilities, the center or board;
(5) The auditor of state.
(B) Each report shall include recommendations for changes
that the board of health determines may be needed to abate
conditions that are hazardous to occupants. The report shall
include recommendations made pursuant to an inspection conducted
under section 3707.26 of the Revised Code.
(C) The report is a public record under section 149.43 of the
Revised Code.
Sec. 3701.933. The board of education of each school
district, the governing board of each educational service center,
the county board of mental retardation and developmental
disabilities, the governing authority of each community school,
and the chief administrator of each nonpublic school shall submit
to the board of health, by a deadline and in a manner established
by the director of health, a written plan for abatement of the
conditions determined to be hazardous to occupants, as described
in the report submitted under section 3701.932 of the Revised
Code. The plan shall include a schedule for completion of the
abatement.
The board of health shall determine compliance with the
written plan for abatement. On completion of any plan for
abatement, the board of health shall submit a supplemental report
to all parties specified in division (A) of section 3701.932 of
the Revised Code.
The plan submitted under this section is a public record
under section 149.43 of the Revised Code.
Sec. 4109.06. (A) This chapter does not apply to the
following:
(1) Minors who are students working on any properly
guarded
machines in the manual training department of any school
when the
work is performed under the personal supervision of an
instructor;
(2) Students participating in a vocational program
approved
by the Ohio department of education;
(3) A minor participating in a play, pageant, or concert
produced by an outdoor historical drama corporation, a
professional traveling theatrical production, a professional
concert tour, or a personal appearance tour as a professional
motion picture star, or as an actor or performer in
motion
pictures or in radio or television productions in accordance with
the rules adopted pursuant to division (A) of section 4109.05 of
the Revised
Code;
(4) The participation, without remuneration of a minor and
with
the consent of a parent or guardian, in a performance given
by a
church, school, or academy, or at a concert or entertainment
given
solely for charitable purposes, or by a charitable or
religious
institution;
(5) Minors who are employed by their parents in
occupations
other than occupations prohibited by rule adopted
under this
chapter;
(6) Minors engaged in the delivery of newspapers to the
consumer;
(7) Minors who have received a high school diploma or a
certificate of attendance from an accredited secondary school or
a
certificate of high school equivalence;
(8) Minors who are currently heads of households or are
parents contributing to the support of their children;
(9) Minors engaged in lawn mowing, snow shoveling, and
other
related employment;
(10) Minors employed in agricultural employment in
connection
with farms operated by their parents, grandparents, or
guardians
where they are members of the guardians' household.
Minors are not
exempt from this chapter if they reside in
agricultural labor
camps as defined in section 3733.41 of the
Revised Code;
(11) Students participating in a program to serve as precinct
officers as authorized by section 3501.22 of the Revised Code.
(B) Sections 4109.02, 4109.08, 4109.09, and 4109.11 of the
Revised Code do not apply to the following:
(1) Minors who work in a sheltered workshop operated by a
county board of mental retardation developmental disabilities;
(2) Minors performing services for a nonprofit
organization
where the minor receives no compensation, except for
any expenses
incurred by the minor or except for meals provided
to the minor;
(3) Minors who are employed in agricultural employment and
who do
not reside in agricultural labor camps.
(C) Division (D) of section 4109.07 of the Revised Code
does
not apply to minors who have their employment hours
established as
follows:
(1) A minor adjudicated to be an unruly child or
delinquent
child who, as a result of the adjudication, is placed
on probation
may either file a petition in the juvenile court in
whose
jurisdiction the minor resides, or apply to the
superintendent
or
to the chief administrative officer who
issued the minor's age and
schooling
certificate
pursuant to
section 3331.01 of the Revised
Code, alleging the restrictions on
the hours of
employment
described in division (D) of section
4109.07 of the
Revised Code
will cause a substantial hardship or
are not in the minor's
best
interests. Upon receipt of a petition
or application, the
court,
the superintendent,
or the chief
administrative officer, as
appropriate, shall consult with
the
person required to supervise
the minor on probation. If
after
that consultation, the court,
the
superintendent, or the chief
administrative officer finds the
minor has failed to show the
restrictions will result in a
substantial hardship or that the
restrictions are not in the
minor's best
interests, the court,
the superintendent, or the
chief administrative officer shall
uphold the
restrictions. If
after that consultation, the court,
the
superintendent, or the
chief administrative officer finds the
minor has shown the
restricted hours
will cause a substantial
hardship or are not in
the minor's best
interests, the court,
the superintendent, or the
chief administrative officer shall
establish
differing hours of
employment for the minor and notify
the minor
and the minor's
employer of those hours, which shall be
binding in
lieu of the
restrictions on the hours of employment
described in
division (D)
of section 4109.07 of the Revised Code.
(2) Any minor to whom division (C)(1) of this section does
not apply may either file a petition in the juvenile court in
whose jurisdiction the person resides, or apply to the
superintendent
or to the chief
administrative officer who issued
the minor's age and schooling
certificate
pursuant to section
3331.01 of the Revised Code,
alleging
the restrictions on the
hours
of
employment described in
division (D) of section 4109.07
of the
Revised Code will cause a
substantial hardship or are not
in the
minor's
best interests.
If, as a result of a petition or application, the court,
the
superintendent,
or the chief administrative officer, as
appropriate, finds the minor has failed to
show such restrictions
will result in a substantial hardship or
that the restrictions are
not in the minor's best interests, the
court,
the
superintendent,
or the chief administrative officer shall uphold
the restrictions.
If the court, the superintendent, or the chief
administrative
officer
finds the minor has shown the restricted
hours
will cause
a
substantial hardship or are not in the minor's
best
interests,
the
court, the superintendent, or the chief
administrative officer
shall
establish the hours
of employment for
the minor and shall
notify
the minor and the
minor's employer of
those hours.
(D) Section 4109.03, divisions (A) and (C) of section
4109.02, and division (B) of section 4109.08 of the Revised Code
do not apply to minors who are sixteen or seventeen years of age
and who are employed at a seasonal amusement or recreational
establishment.
(E) As used in this section, "certificate of high school
equivalence" means a statement issued by the state board of
education or an equivalent agency of another state that the
holder
of the statement has achieved the equivalent of a high school
education as
measured by scores obtained on the tests of general
educational
development published by the American council on
education.
Sec. 4141.29. Each eligible individual shall receive
benefits as compensation for loss of remuneration due to
involuntary total or partial unemployment in the amounts and
subject to the conditions stipulated in this chapter.
(A) No individual is entitled to a waiting period or
benefits
for any week unless the individual:
(1) Has filed a valid application for determination of
benefit rights in accordance with section 4141.28 of the Revised
Code;
(2) Has made a claim for benefits in accordance with
section
4141.28 of the Revised Code;
(3) Has registered at an employment office or other
registration place maintained or designated by the
director of job
and family
services. Registration shall be made
in accordance with
the time limits,
frequency, and manner prescribed by the director.
(4)(a)(i) Is able to work and available for suitable work
and, except as provided in division (A)(4)(a)(ii) of this section,
is actively seeking suitable work either in a locality in which
the individual has earned wages subject to this chapter
during the
individual's base
period, or if the individual leaves that
locality, then in a locality where
suitable work normally is
performed.
(ii) The director may waive the requirement that a
claimant
be actively seeking work when the director finds
that
the
individual has
been laid off and the employer who laid the
individual off
has notified the
director within ten days after the
layoff, that
work is
expected to be available for the individual
within a specified
number of days not to exceed forty-five
calendar days following
the last day the individual worked. In the
event the individual
is not recalled within the specified period,
this waiver
shall
cease to be operative with respect to that
layoff.
(b) The individual shall be instructed as to the efforts
that
the individual must make in the search
for suitable work, except
where
the active search for work requirement has been waived under
division (A)(4)(a) of this section, and shall keep a record of
where and when the individual has sought work in complying
with
those
instructions and, upon request, shall produce
that record
for
examination by the director.
(c) An individual who is attending a training course
approved
by the director meets the requirement of
this
division, if
attendance was recommended by the
director
and the individual is
regularly attending the course and is
making satisfactory
progress. An individual also meets the
requirements of this
division if the individual is
participating and
advancing in a
training program, as defined in division (P) of
section 5709.61 of
the Revised Code, and if an enterprise,
defined in division (B) of
section 5709.61 of the Revised Code,
is paying all or part of the
cost of the individual's
participation in the training program
with the intention of
hiring the individual for employment as a
new employee, as
defined in division (L) of section 5709.61 of the
Revised Code,
for at least ninety days after the individual's
completion of the
training program.
(d) An individual who becomes unemployed while attending a
regularly established school and whose base period qualifying
weeks were earned in whole or in part while attending that
school,
meets the availability and active search for work
requirements of
division (A)(4)(a) of this section if the
individual regularly
attends the school during weeks with respect to which the
individual claims unemployment benefits and makes
self available
on any shift of hours for suitable
employment
with the
individual's most recent employer or any other
employer in the
individual's base
period, or for any other suitable employment to
which the
individual is
directed, under this chapter.
(e) The director shall adopt any rules
that the director
deems
necessary for the administration of division (A)(4) of this
section.
(f) Notwithstanding any other provisions of this section,
no
otherwise eligible individual shall be denied benefits for any
week because the individual is in training approved
under section
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.
2296, nor shall that individual be denied benefits by
reason of
leaving work to enter such training, provided the work left is
not
suitable employment, or because of the application to any
week in
training of provisions in this chapter, or any applicable
federal
unemployment compensation law, relating to availability
for work,
active search for work, or refusal to accept work.
For the purposes of division (A)(4)(f) of this section,
"suitable employment" means with respect to an individual, work
of
a substantially equal or higher skill level than the
individual's
past adversely affected employment, as defined for
the purposes of
the "Trade Act of 1974," 88 Stat. 1978, 19
U.S.C.A. 2101, and
wages for such work at not less than eighty
per cent of the
individual's average weekly wage as determined
for the purposes of
that federal act.
(5) Is unable to obtain suitable work.
An individual who is
provided temporary work assignments by the
individual's
employer
under agreed terms and conditions of employment, and who is
required pursuant to those terms and conditions to inquire with
the
individual's employer for available work assignments upon the
conclusion of
each work assignment, is not considered unable to
obtain suitable
employment if suitable work assignments are
available with the employer but
the individual fails to contact
the employer to inquire about work
assignments.
(6) Participates in reemployment services, such as job
search
assistance services, if the individual has been determined
to be
likely to exhaust benefits under this chapter, including
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other
than
extended compensation, and needs reemployment services
pursuant to
the profiling system established by the
director
under division
(K) of this section, unless the
director
determines that:
(a) The individual has completed such services; or
(b) There is justifiable cause for the claimant's failure
to
participate in such services.
(B) An individual suffering total or partial unemployment
is
eligible for benefits for unemployment occurring subsequent to
a
waiting period of one week and no benefits shall be payable
during
this required waiting period. Not more than one week of
waiting
period shall be required of any individual in any
benefit year in
order to establish the individual's
eligibility for total or
partial unemployment benefits.
(C) The waiting period for total or partial unemployment
shall commence on the first day of the first week with respect to
which the individual first files a claim for benefits at an
employment office or other place of registration maintained or
designated by the director or on the first day of
the first
week
with respect to which the individual has otherwise filed
a claim
for
benefits in accordance with the rules of the department
of job
and family services, provided
such claim is allowed by the
director.
(D) Notwithstanding division (A) of this section, no
individual may serve a waiting period or be paid benefits under
the following conditions:
(1) For any week with respect to which the
director
finds
that:
(a) The individual's unemployment was due to a labor
dispute
other than
a lockout at any factory, establishment, or other
premises
located in this or any other state and owned or operated
by the
employer by which the individual is or was last employed;
and
for so long as
the individual's unemployment is due to such
labor dispute.
No individual
shall be disqualified under this
provision if either of the following
applies:
(i) The individual's employment was with such employer at
any
factory,
establishment, or premises located in this state, owned
or
operated by such employer, other than the factory,
establishment,
or premises at which the labor dispute exists, if
it is shown
that the individual is not financing, participating
in, or
directly
interested in such labor dispute;
(ii) The individual's employment was with an employer not
involved in
the labor dispute but whose place of business was
located within
the same premises as the employer engaged in the
dispute, unless
the individual's employer is a wholly owned
subsidiary of
the employer engaged
in the dispute, or unless the
individual actively
participates in or
voluntarily stops work
because of such dispute. If it is
established that the claimant
was laid off for an indefinite
period and not recalled to work
prior to the dispute, or was
separated by the employer prior to
the dispute for reasons other
than the labor dispute, or that the
individual obtained a
bona fide job with
another employer while
the dispute was still in progress, such
labor dispute shall not
render the employee ineligible for
benefits.
(b) The individual has been given a disciplinary layoff for
misconduct
in connection with the individual's work.
(2) For the duration of the individual's unemployment if
the
director finds that:
(a) The individual quit work without just cause
or has been
discharged for just cause in connection with the
individual's
work, provided
division (D)(2) of this section does not apply to
the separation
of a person under any of the following
circumstances:
(i) Separation from employment for the purpose of entering
the armed forces of the United States if the individual is
inducted into the armed forces within one of the following
periods:
(I) Thirty
days
after separation;
(II) One hundred eighty days after separation if the
individual's date of induction is delayed solely at the discretion
of the armed forces.
(ii) Separation from employment pursuant to a
labor-management contract or agreement, or pursuant to an
established employer plan, program, or policy, which permits the
employee, because of lack of work, to accept a separation from
employment;
(iii) The individual has left employment to
accept a recall
from a
prior employer or, except as provided in division
(D)(2)(a)(iv) of this section, to accept other employment
as
provided under
section 4141.291 of the Revised Code, or left or
was separated
from employment that was concurrent employment at
the time
of the most recent separation or within six weeks prior
to the most
recent separation where the remuneration, hours, or
other
conditions of such concurrent employment were substantially
less
favorable than the individual's most recent employment and
where such employment, if offered as new work, would be considered
not
suitable under the provisions of divisions (E) and (F) of this
section. Any benefits that would otherwise be chargeable
to the
account of the employer from whom an individual has left
employment or was separated from employment that was concurrent
employment under conditions described in division
(D)(2)(a)(iii)
of this section, shall instead be charged
to the mutualized
account created by division (B) of section 4141.25 of the
Revised
Code, except that any benefits chargeable to the account of a
reimbursing employer under division (D)(2)(a)(iii) of this
section
shall be charged to the account of the reimbursing
employer and
not to the mutualized account, except as
provided in division
(D)(2) of section 4141.24 of the Revised Code.
(iv) When an individual has been issued a definite
layoff
date by the individual's employer and before the layoff
date, the
individual quits to accept other employment, the provisions of
division
(D)(2)(a)(iii) of this section apply and no
disqualification
shall be imposed under division (D) of this
section. However, if
the individual fails to meet the employment
and earnings
requirements of division (A)(2) of section 4141.291
of the
Revised Code, then the individual, pursuant to division
(A)(5) of this section, shall be ineligible for benefits for any
week
of unemployment that occurs prior to the layoff date.
(b) The individual has refused without good cause to accept
an offer
of suitable work when made by an employer either in
person or to
the individual's last known address, or has refused
or
failed to investigate a
referral to suitable work when directed
to do so by a local
employment office of this state or another
state, provided that
this division shall not cause a
disqualification for a waiting
week or benefits under the
following circumstances:
(i) When work is offered by the individual's employer and
the
individual is not
required to accept the offer pursuant to the
terms of the
labor-management contract or agreement; or
(ii) When the individual is attending a
training course
pursuant to division (A)(4) of this section
except, in the event
of a refusal to accept an offer of suitable
work or a refusal or
failure to investigate a referral, benefits
thereafter paid to
such individual shall not be charged to the
account of any
employer and, except as provided in division
(B)(1)(b) of section
4141.241 of the Revised Code, shall be
charged to the mutualized
account as provided in division
(B) of
section 4141.25 of the
Revised Code.
(c) Such individual quit work to marry or because of
marital,
parental, filial, or other domestic obligations.
(d) The individual became unemployed by reason of commitment
to any
correctional institution.
(e) The individual became unemployed because of dishonesty
in
connection with the individual's most recent or any base
period
work. Remuneration earned in such work shall be excluded from
the
individual's total base period remuneration and qualifying weeks
that otherwise would be credited to
the individual for such
work
in the individual's base period shall not be credited for
the
purpose of determining the total benefits to which the
individual
is eligible and the weekly benefit amount to be paid
under section
4141.30 of the Revised Code. Such excluded
remuneration and
noncredited qualifying weeks shall be excluded
from the
calculation of the maximum amount to be charged, under
division
(D) of section 4141.24 and section 4141.33 of the
Revised Code,
against the accounts of the individual's base
period employers. In
addition, no benefits shall thereafter be
paid to the individual
based upon such excluded
remuneration or
noncredited qualifying
weeks.
For purposes of division (D)(2)(e) of this section,
"dishonesty" means the commission of substantive theft, fraud, or
deceitful acts.
(E) No individual otherwise qualified to receive benefits
shall lose the right to benefits by reason of a refusal to accept
new work if:
(1) As a condition of being so employed the individual would
be
required to join a company union, or to resign from or refrain
from joining any bona fide labor organization, or would be denied
the right to retain membership in and observe the lawful rules of
any such organization.
(2) The position offered is vacant due directly to a
strike,
lockout, or other labor dispute.
(3) The work is at an unreasonable distance from the
individual's
residence, having regard to the character of the work
the
individual has been
accustomed to do, and travel to the place
of work involves
expenses substantially greater than that required
for the
individual's former
work, unless the expense is provided
for.
(4) The remuneration, hours, or other conditions of the
work
offered are substantially less favorable to the individual
than
those prevailing for similar work in the locality.
(F) Subject to the special exceptions contained in
division
(A)(4)(f) of this section and section 4141.301 of the
Revised
Code, in determining whether any work is suitable for a
claimant
in the administration of this chapter, the
director, in addition
to the determination required under division
(E) of this section,
shall consider the degree of risk to the
claimant's health,
safety, and morals, the individual's
physical fitness for
the
work, the individual's prior training and experience,
the length
of the individual's
unemployment, the distance of the available
work from the
individual's
residence, and the individual's
prospects for obtaining
local work.
(G) The "duration of unemployment" as used in this
section
means the full period of unemployment next ensuing after
a
separation from any base period or subsequent work and until an
individual has become reemployed in employment subject to this
chapter, or the unemployment compensation act of another state,
or
of the United States, and until such individual has worked six
weeks and for those weeks has earned or been paid
remuneration
equal to six times an average weekly wage of not less than:
eighty-five dollars and ten cents per week beginning on June 26,
1990; and beginning on and after January 1, 1992, twenty-seven
and
one-half per cent of the statewide average weekly wage as
computed
each first day of January under division (B)(3) of
section 4141.30
of the Revised Code, rounded down to the nearest
dollar, except
for purposes of division (D)(2)(c) of this
section, such term
means the full period of unemployment next
ensuing after a
separation from such work and until such
individual has become
reemployed subject to the terms set forth
above, and has earned
wages equal to one-half of the
individual's average
weekly wage or
sixty dollars, whichever is less.
(H) If a claimant is disqualified under division
(D)(2)(a),
(c), or (d) of this section or found to be qualified
under the
exceptions provided in division (D)(2)(a)(i),
(iii), or (iv) of
this section or division (A)(2) of section
4141.291 of the Revised
Code, then benefits that may
become
payable to such claimant,
which are chargeable to the account of
the employer from whom the
individual was separated under
such conditions,
shall be charged
to the mutualized account provided in section
4141.25 of the
Revised Code, provided that no charge shall be
made to the
mutualized account for benefits chargeable to a
reimbursing
employer, except as provided in division (D)(2)
of
section 4141.24
of the Revised Code. In the case of a
reimbursing employer, the
director shall refund or
credit to
the account of the reimbursing
employer any over-paid benefits
that are recovered under division
(B) of section 4141.35 of the
Revised Code. Amounts chargeable to
other states, the United States, or Canada that are subject to
agreements and arrangements that are established pursuant to
section 4141.43 of the Revised Code shall be credited or
reimbursed according to the agreements and arrangements to which
the chargeable amounts are subject.
(I)(1) Benefits based on service in employment as provided
in
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised
Code
shall be payable in the same amount, on the same terms, and
subject to the same conditions as benefits payable on the basis
of
other service subject to this chapter; except that after
December
31, 1977:
(a) Benefits based on service in an instructional,
research,
or principal administrative capacity in an institution
of higher
education, as defined in division (Y) of section
4141.01 of the
Revised Code; or for an educational institution as
defined in
division (CC) of section 4141.01 of the Revised Code,
shall not be
paid to any individual for any week of unemployment
that begins
during the period between two successive
academic
years or terms,
or during a similar period between two regular
but not successive
terms or during a period of paid sabbatical
leave provided for in
the individual's contract, if the
individual performs such
services in the first of those
academic
years or terms and has a
contract or a reasonable assurance that
the individual will
perform services in any such capacity for any
such institution in
the second of those academic years or
terms.
(b) Benefits based on service for an educational
institution
or an institution of higher education in other than
an
instructional, research, or principal administrative capacity,
shall not be paid to any individual for any week of unemployment
which begins during the period between two successive academic
years or terms of the employing educational institution or
institution of higher education, provided the individual
performed
those services for the educational institution or
institution of
higher education during the first such academic
year or term and,
there is a reasonable assurance that such
individual will perform
those services for any educational
institution or institution of
higher education in the second of
such academic years or terms.
If compensation is denied to any individual for any week
under division (I)(1)(b) of this section and the individual was
not offered an opportunity to perform those services for an
institution of higher education or for an educational institution
for the second of such academic years or terms, the individual is
entitled to a retroactive payment of compensation for each week
for which the individual timely filed a claim for compensation
and
for which compensation was denied solely by reason of
division
(I)(1)(b) of this section. An application for
retroactive benefits
shall be timely filed if received by the
director or the
director's deputy within or prior
to the end of the
fourth full
calendar week after the end of the period for which
benefits were
denied because of reasonable assurance of
employment. The
provision for the payment of retroactive
benefits under division
(I)(1)(b) of this section is applicable
to weeks of unemployment
beginning on and after November 18,
1983. The provisions under
division (I)(1)(b) of this section
shall be retroactive to
September 5, 1982, only if, as a
condition for full tax credit
against the tax imposed by the
"Federal Unemployment Tax Act," 53
Stat. 183 (1939), 26 U.S.C.A.
3301 to 3311, the United States
secretary of labor determines
that
retroactivity is required by
federal law.
(c) With respect to weeks of unemployment beginning after
December 31, 1977, benefits shall be denied to any individual for
any week which commences during an established and customary
vacation period or holiday recess, if the individual performs any
services described in divisions (I)(1)(a) and (b) of this section
in the period immediately before the vacation period or holiday
recess, and there is a reasonable assurance that the individual
will perform any such services in the period immediately
following
the vacation period or holiday recess.
(d) With respect to any services described in division
(I)(1)(a), (b), or (c) of this section, benefits payable on the
basis of services in any such capacity shall be denied as
specified in division (I)(1)(a), (b), or (c) of this section to
any individual who performs such services in an educational
institution or institution of higher education while in the
employ
of an educational service agency. For this purpose, the
term
"educational service agency" means a governmental agency or
governmental entity that is established and operated
exclusively
for the purpose of providing services to one or more educational
institutions or one or more institutions of higher education.
(e) Any individual employed by a public school district or
a
county board of mental retardation developmental disabilities
shall be notified by the
thirtieth day of April each year if the
individual is not to
be reemployed
the following academic year.
(2) No disqualification will be imposed, between academic
years or terms or during a vacation period or holiday recess
under
this division, unless the director or the
director's deputy has
received a statement in writing from the educational institution
or institution of higher education that the claimant has a
contract for, or a reasonable assurance of, reemployment for the
ensuing academic year or term.
(3) If an individual has employment with an educational
institution or an institution of higher education and employment
with a noneducational employer, during the base period of the
individual's benefit year, then the individual may become
eligible
for benefits during the between-term, or vacation or
holiday
recess, disqualification period, based on employment
performed for
the noneducational employer, provided that the
employment is
sufficient to qualify the individual for benefit
rights separately
from the benefit rights based on school
employment. The weekly
benefit amount and maximum benefits
payable during a
disqualification period shall be computed based
solely on the
nonschool employment.
(J) Benefits shall not be paid on the basis of employment
performed by an alien, unless the alien had been lawfully
admitted
to the United States for permanent residence at the time
the
services were performed, was lawfully present for purposes of
performing the services, or was otherwise permanently residing in
the United States under color of law at the time the services
were
performed, under section 212(d)(5) of the "Immigration and
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:
(1) Any data or information required of individuals
applying
for benefits to determine whether benefits are not
payable to them
because of their alien status shall be uniformly
required from all
applicants for benefits.
(2) In the case of an individual whose application for
benefits would otherwise be approved, no determination that
benefits to the individual are not payable because of the
individual's alien
status shall be made except upon a
preponderance of the evidence
that the individual had not, in
fact, been lawfully admitted to
the United States.
(K) The director shall establish and utilize a
system
of
profiling all new claimants under this chapter that:
(1) Identifies which claimants will be likely to exhaust
regular compensation and will need job search assistance services
to make a successful transition to new employment;
(2) Refers claimants identified pursuant to division
(K)(1)
of this section to reemployment services, such as job
search
assistance services, available under any state or federal
law;
(3) Collects follow-up information relating to the
services
received by such claimants and the employment outcomes
for such
claimant's subsequent to receiving such services and
utilizes such
information in making identifications pursuant to
division (K)(1)
of this section; and
(4) Meets such other requirements as the United States
secretary of labor determines are appropriate.
Sec. 4511.21. (A) No person shall operate a motor
vehicle,
trackless trolley, or streetcar at a speed greater or
less than is
reasonable or proper, having due regard to the
traffic, surface,
and width of the street or highway and any
other conditions, and
no person shall drive any motor vehicle,
trackless trolley, or
streetcar in and upon any street or highway
at a greater speed
than will permit the person to bring it
to a stop within the
assured clear distance ahead.
(B) It is prima-facie lawful, in the absence of a lower
limit
declared pursuant to this section by the director of
transportation or local authorities, for the operator of a motor
vehicle, trackless trolley, or streetcar to operate the same at a
speed not exceeding the following:
(1)(a) Twenty miles per hour in school zones during school
recess and while children are going to or leaving school during
the opening or closing hours, and when twenty miles per hour
school speed limit signs are erected; except that, on
controlled-access highways and expressways, if the right-of-way
line fence has been erected without pedestrian opening, the speed
shall be governed by division (B)(4) of this section and on
freeways, if the right-of-way line fence has been erected without
pedestrian opening, the speed shall be governed by divisions
(B)(9) and (10) of this section. The end of every school zone may
be marked by a sign indicating the end of the zone. Nothing in
this section or in the manual and specifications for a uniform
system of traffic control devices shall be construed to require
school zones to be indicated by signs equipped with flashing or
other lights, or giving other special notice of the hours in
which
the school zone speed limit is in effect.
(b) As used in this section and in section 4511.212 of the
Revised Code, "school" means any school chartered under section
3301.16 of the Revised Code and any nonchartered school that
during the preceding year filed with the department of education
in compliance with rule 3301-35-08 of the Ohio Administrative
Code, a copy of the school's report for the parents of the
school's pupils certifying that the school meets Ohio minimum
standards for nonchartered, nontax-supported schools and presents
evidence of this filing to the jurisdiction from which it is
requesting the establishment of a school zone. "School" also
includes a special elementary school that in writing requests the
county engineer of the county in which the special elementary
school is located to create a school zone at the location of that
school. Upon receipt of such a written request, the county
engineer shall create a school zone at that location by erecting
the appropriate signs.
(c) As used in this section, "school zone" means that
portion
of a street or highway passing a school fronting upon the
street
or highway that is encompassed by projecting the school
property
lines to the fronting street or highway, and also
includes that
portion of a state highway. Upon request from
local
authorities
for streets and highways under their
jurisdiction and
that portion
of a state highway under the
jurisdiction of the
director of
transportation or a request from a county engineer in the case of
a school zone for a special elementary school, the director may
extend the
traditional school zone boundaries. The distances in
divisions
(B)(1)(c)(i), (ii), and (iii) of this section shall not
exceed
three hundred feet per approach per direction and are
bounded by
whichever of the following distances or combinations
thereof the
director approves as most appropriate:
(i) The distance encompassed by projecting the school
building lines normal to the fronting highway and extending a
distance of three hundred feet on each approach direction;
(ii) The distance encompassed by projecting the school
property lines intersecting the fronting highway and extending a
distance of three hundred feet on each approach direction;
(iii) The distance encompassed by the special marking of
the
pavement for a principal school pupil crosswalk plus a
distance of
three hundred feet on each approach direction of the
highway.
Nothing in this section shall be construed to invalidate
the
director's initial action on August 9, 1976, establishing all
school zones at the traditional school zone boundaries defined by
projecting school property lines, except when those boundaries
are
extended as provided in divisions (B)(1)(a) and (c) of this
section.
(d) As used in this division, "crosswalk" has the meaning
given that term in division (LL)(2) of section 4511.01 of the
Revised Code.
The director may, upon request by resolution of the
legislative authority of a municipal corporation, the board of
trustees of a township, or a county board of mental retardation
and developmental disabilities created pursuant to Chapter 5126.
of the Revised Code, and upon submission by the municipal
corporation, township, or county board of such engineering,
traffic, and other information as the director considers
necessary, designate a school zone on any portion of a state
route
lying within the municipal corporation, lying within the
unincorporated territory of the township, or lying adjacent to
the
property of a school that is operated by such county board,
that
includes a crosswalk customarily used by children going to
or
leaving a school during recess and opening and closing hours,
whenever the distance, as measured in a straight line, from the
school property line nearest the crosswalk to the nearest point
of
the crosswalk is no more than one thousand three hundred
twenty
feet. Such a school zone shall include the distance
encompassed
by
the crosswalk and extending three hundred feet on
each approach
direction of the state route.
(e) As used in this section, "special elementary school"
means a school that meets all of the following criteria:
(i) It is not chartered and does not receive tax revenue from
any source.
(ii) It does not educate children beyond the eighth grade.
(iii) It is located outside the limits of a municipal
corporation.
(iv) A majority of the total number of students enrolled at
the school are not related by blood.
(v) The principal or other person in charge of the special
elementary school annually sends a report to the superintendent of
the school district in which the special elementary school is
located indicating the total number of students enrolled at the
school, but otherwise the principal or other person in charge does
not report any other information or data to the superintendent.
(2) Twenty-five miles per hour in all other portions of a
municipal corporation, except on state routes outside business
districts, through highways outside business districts, and
alleys;
(3) Thirty-five miles per hour on all state routes or
through
highways within municipal corporations outside business
districts,
except as provided in divisions (B)(4) and (6) of this
section;
(4) Fifty miles per hour on controlled-access highways and
expressways within municipal corporations;
(5) Fifty-five miles per hour on highways outside
municipal
corporations, other than highways within island jurisdictions as
provided in division (B)(8) of this section and freeways as
provided in
division (B)(13) of this section;
(6) Fifty miles per hour on state routes within municipal
corporations outside urban districts unless a lower prima-facie
speed is established as further provided in this section;
(7) Fifteen miles per hour on all alleys within the
municipal
corporation;
(8) Thirty-five miles per hour on highways outside municipal
corporations that are within an island jurisdiction;
(9) Fifty-five miles per hour at all times on freeways
with
paved shoulders inside municipal corporations, other than
freeways
as provided in division (B)(13) of this section;
(10) Fifty-five miles per hour at all times on freeways
outside municipal corporations, other than freeways as provided
in
division (B)(13) of this section;
(11) Fifty-five miles per hour at all times on all
portions
of freeways that are part of the interstate system and on all
portions
of freeways
that are not part of the
interstate system,
but are built to the standards and specifications that are
applicable to freeways that are part of the interstate system
for
operators of any motor vehicle
weighing in excess of eight
thousand pounds empty weight and any
noncommercial bus;
(12) Fifty-five miles per hour for operators of any motor
vehicle
weighing eight thousand pounds or less empty weight and
any commercial bus at
all times on all portions of freeways that
are part of the interstate system
and that had such a speed limit
established prior to
October 1, 1995, and freeways that are not
part of the interstate system, but are built to the standards and
specifications that are applicable to freeways that are part of
the interstate
system and that had such a speed limit established
prior to
October 1, 1995, unless a higher speed limit
is
established under division (L) of this
section;
(13) Sixty-five miles per hour for operators of any motor
vehicle
weighing eight thousand pounds or less empty weight and
any commercial bus at
all times on all portions of the following:
(a) Freeways that are part of the interstate system
and that
had such a speed limit established prior to
October 1, 1995, and
freeways that are not
part of the interstate system, but are built
to the standards and
specifications that are applicable to
freeways that are part of the interstate
system and that had such
a speed limit established prior to
October 1, 1995;
(b) Freeways that are part of the interstate system
and
freeways that are not part of the interstate system but are built
to the
standards and specifications that are applicable to
freeways that are part of
the interstate system, and that had such
a speed limit established under
division (L) of this section;
(c) Rural, divided, multi-lane highways
that are designated
as part of the national highway system under the
"National
Highway
System
Designation
Act of 1995," 109
Stat. 568, 23
U.S.C.A.
103,
and that had such a speed limit established under division
(M) of
this section.
(C) It is prima-facie unlawful for any person to exceed
any
of the speed limitations in divisions (B)(1)(a), (2), (3),
(4),
(6), (7), and (8) of this section, or any declared pursuant to
this
section by the director or local authorities and it is
unlawful
for any person to exceed any of the speed
limitations
in
division
(D) of this section. No person shall be convicted of
more
than
one violation of this section for the same conduct,
although
violations of more than one provision of this section
may be
charged in the alternative in a single affidavit.
(D) No person shall operate a motor vehicle, trackless
trolley, or streetcar upon a street or highway as follows:
(1) At a speed exceeding fifty-five miles per hour, except
upon a freeway as provided in division (B)(13) of this
section;
(2) At a speed exceeding sixty-five miles per hour upon a
freeway as provided in division (B)(13) of this section
except as
otherwise provided in division (D)(3) of this section;
(3) If a motor vehicle weighing in excess of eight
thousand
pounds empty weight or a noncommercial bus as prescribed
in
division (B)(11) of this section, at a speed exceeding
fifty-five
miles per hour upon a freeway as provided in that
division;
(4) At a speed exceeding the posted speed limit upon a
freeway for which
the director has determined and declared a speed
limit of not more than
sixty-five miles per hour pursuant to
division
(L)(2) or (M) of this section;
(5) At a speed exceeding sixty-five miles per hour upon a
freeway for
which such a speed limit has been established through
the operation of
division
(L)(3) of this section;
(6) At a speed exceeding the posted speed limit upon a
freeway for which
the director has determined and declared a speed
limit pursuant to division
(I)(2) of this section.
(E) In every charge of violation of this section the
affidavit and warrant shall specify the time, place, and speed at
which the defendant is alleged to have driven, and in charges
made
in reliance upon division (C) of this section also the speed
which
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a
limit
declared pursuant to, this section declares is prima-facie
lawful
at the time and place of such alleged violation, except
that in
affidavits where a person is alleged to have driven at a
greater
speed than will permit the person to bring the
vehicle to a stop
within the assured clear distance ahead the affidavit and warrant
need not specify the speed at which the defendant is alleged to
have driven.
(F) When a speed in excess of both a prima-facie
limitation
and a limitation in division (D)(1), (2),
(3), (4), (5), or (6) of
this
section is alleged, the defendant shall be charged in a
single
affidavit, alleging a single act, with a violation
indicated of
both division (B)(1)(a), (2), (3), (4), (6), (7), or
(8)
of this
section, or of a limit declared pursuant to this
section
by the
director or local authorities, and of the
limitation in
division
(D)(1), (2), (3), (4), (5),
or (6) of this
section. If
the court finds a violation of
division (B)(1)(a),
(2), (3), (4),
(6), (7), or (8) of, or a limit
declared pursuant
to, this section has
occurred, it shall enter a
judgment of
conviction under such
division and dismiss the charge
under
division (D)(1), (2), (3),
(4), (5), or (6) of this section. If it
finds no
violation of
division (B)(1)(a), (2), (3), (4), (6), (7),
or (8) of,
or a limit
declared pursuant to, this section, it shall
then
consider whether
the evidence supports a conviction under
division (D)(1), (2),
(3), (4),
(5), or (6) of this section.
(G) Points shall be assessed for violation of a limitation
under division (D) of this section
in accordance with section
4510.036
of the Revised Code.
(H) Whenever the director determines
upon the basis of a
geometric and traffic
characteristic study that
any speed limit
set forth in divisions (B)(1)(a) to (D) of this
section is greater
or less than is reasonable or safe under the
conditions found to
exist at any portion of a street or highway under the
jurisdiction
of the director, the director shall determine and
declare a
reasonable and safe prima-facie speed limit, which
shall be
effective when appropriate signs giving notice of it are
erected
at the
location.
(I)(1) Except as provided in divisions
(I)(2) and (K) of
this
section,
whenever local authorities determine upon the basis
of an
engineering and traffic investigation that the speed
permitted by
divisions (B)(1)(a) to (D) of this section, on any
part of a
highway under their jurisdiction, is greater than is
reasonable
and safe under the conditions found to exist at such
location,
the
local authorities may by resolution request the
director to
determine and declare a reasonable and safe
prima-facie speed
limit. Upon receipt of such request the
director may determine
and
declare a reasonable and safe
prima-facie speed limit at such
location, and if the director does
so, then such declared speed
limit shall become effective only
when appropriate signs giving
notice thereof are erected at such
location by the local
authorities. The director may withdraw the
declaration of
a
prima-facie speed limit whenever in the
director's opinion
the
altered
prima-facie speed becomes
unreasonable. Upon
such
withdrawal,
the declared prima-facie
speed shall become
ineffective and the
signs relating thereto
shall be immediately
removed by the local
authorities.
(2) A local authority may determine on the basis of a
geometric
and traffic characteristic study that the speed limit of
sixty-five miles per
hour on a portion of a freeway under its
jurisdiction that was established
through the operation of
division (L)(3) of
this section is greater than is reasonable or
safe under the conditions found
to exist at that portion of the
freeway. If the local authority makes such a
determination, the
local authority by resolution may request the director to
determine and declare a reasonable and safe speed limit of not
less than
fifty-five miles per hour for that portion of the
freeway. If the director
takes such action, the declared speed
limit becomes effective only when
appropriate signs giving notice
of it are erected at such location by the
local authority.
(J) Local authorities in their respective jurisdictions
may
authorize by ordinance higher prima-facie speeds than those
stated
in this section upon through highways, or upon highways or
portions thereof where there are no intersections, or between
widely spaced intersections, provided signs are erected giving
notice of the authorized speed, but local authorities shall not
modify or alter the basic rule set forth in division (A) of this
section or in any event authorize by ordinance a speed in excess
of fifty miles per hour.
Alteration of prima-facie limits on state routes by local
authorities shall not be effective until the alteration has been
approved by the director. The director may withdraw approval
of
any altered prima-facie speed limits whenever in the
director's
opinion
any altered prima-facie speed becomes unreasonable, and
upon such
withdrawal, the altered prima-facie speed shall become
ineffective and the signs relating thereto shall be immediately
removed by the local authorities.
(K)(1) As used in divisions (K)(1), (2), (3), and (4) of
this
section, "unimproved highway" means a highway consisting of
any of
the following:
(b) Unimproved graded and drained earth;
(2) Except as otherwise provided in divisions (K)(4) and
(5)
of this section, whenever a board of township trustees
determines
upon the basis of an engineering and traffic
investigation that
the speed permitted by division (B)(5) of this
section on any part
of an unimproved highway under its
jurisdiction and in the
unincorporated territory of the township
is greater than is
reasonable or safe under the conditions found
to exist at the
location, the board may by resolution declare a
reasonable and
safe prima-facie speed limit of fifty-five but not
less than
twenty-five miles per hour. An altered speed limit
adopted by a
board of township trustees under this division
becomes effective
when appropriate traffic control devices, as
prescribed in section
4511.11 of the Revised Code, giving notice
thereof are erected at
the location, which shall be no sooner
than sixty days after
adoption of the resolution.
(3)(a) Whenever, in the opinion of a board of township
trustees, any altered prima-facie speed limit established by the
board under this division becomes unreasonable, the board may
adopt a resolution withdrawing the altered prima-facie speed
limit. Upon the adoption of such a resolution, the altered
prima-facie speed limit becomes ineffective and the traffic
control devices relating thereto shall be immediately removed.
(b) Whenever a highway ceases to be an unimproved highway
and
the board has adopted an altered prima-facie speed limit
pursuant
to division (K)(2) of this section, the board shall, by
resolution, withdraw the altered prima-facie speed limit as soon
as the highway ceases to be unimproved. Upon the adoption of
such
a resolution, the altered prima-facie speed limit becomes
ineffective and the traffic control devices relating thereto
shall
be immediately removed.
(4)(a) If the boundary of two townships rests on the
centerline of an unimproved highway in unincorporated territory
and both townships have jurisdiction over the highway, neither of
the boards of township trustees of such townships may declare an
altered prima-facie speed limit pursuant to division (K)(2) of
this section on the part of the highway under their joint
jurisdiction unless the boards of township trustees of both of
the
townships determine, upon the basis of an engineering and
traffic
investigation, that the speed permitted by division
(B)(5) of this
section is greater than is reasonable or safe
under the conditions
found to exist at the location and both
boards agree upon a
reasonable and safe prima-facie speed limit
of less than
fifty-five but not less than twenty-five miles per
hour for that
location. If both boards so agree, each shall
follow the
procedure
specified in division (K)(2) of this section
for
altering the
prima-facie speed limit on the highway. Except
as
otherwise
provided in division (K)(4)(b) of this section, no
speed
limit
altered pursuant to division (K)(4)(a) of this
section may
be
withdrawn unless the boards of township trustees
of both
townships
determine that the altered prima-facie speed
limit
previously
adopted becomes unreasonable and each board
adopts a
resolution
withdrawing the altered prima-facie speed
limit
pursuant to the
procedure specified in division (K)(3)(a)
of this
section.
(b) Whenever a highway described in division (K)(4)(a) of
this section ceases to be an unimproved highway and two boards of
township trustees have adopted an altered prima-facie speed limit
pursuant to division (K)(4)(a) of this section, both boards
shall,
by resolution, withdraw the altered prima-facie speed
limit as
soon as the highway ceases to be unimproved. Upon the
adoption of
the resolution, the altered prima-facie speed limit
becomes
ineffective and the traffic control devices relating
thereto shall
be immediately removed.
(5) As used in division (K)(5) of this section:
(a) "Commercial subdivision" means any platted territory
outside the limits of a municipal corporation and fronting a
highway where, for a distance of three hundred feet or more, the
frontage is improved with buildings in use for commercial
purposes, or where the entire length of the highway is less than
three hundred feet long and the frontage is improved with
buildings in use for commercial purposes.
(b) "Residential subdivision" means any platted territory
outside the limits of a municipal corporation and fronting a
highway, where, for a distance of three hundred feet or more, the
frontage is improved with residences or residences and buildings
in use for business, or where the entire length of the highway is
less than three hundred feet long and the frontage is improved
with residences or residences and buildings in use for business.
Whenever a board of township trustees finds upon the basis
of
an engineering and traffic investigation that the prima-facie
speed permitted by division (B)(5) of this section on any part of
a highway under its jurisdiction that is located in a commercial
or residential subdivision, except on highways or portions
thereof
at the entrances to which vehicular traffic from the
majority of
intersecting highways is required to yield the
right-of-way to
vehicles on such highways in obedience to stop or
yield signs or
traffic control signals, is greater than is
reasonable and safe
under the conditions found to exist at the
location, the board may
by resolution declare a reasonable and
safe prima-facie speed
limit of less than fifty-five but not less
than twenty-five miles
per hour at the location. An altered
speed limit adopted by a
board of township trustees under this
division shall become
effective when appropriate signs giving
notice thereof are erected
at the location by the township.
Whenever, in the opinion of a
board of township trustees, any
altered prima-facie speed limit
established by it under this
division becomes unreasonable, it may
adopt a resolution
withdrawing the altered prima-facie speed, and
upon such
withdrawal, the altered prima-facie speed shall become
ineffective, and the signs relating thereto shall be immediately
removed by the township.
(L)(1) Within one
hundred twenty days of
February 29, 1996,
the director of
transportation, based upon a
geometric and traffic
characteristic
study of a
freeway that is
part of the interstate
system or that
is not part of the
interstate system, but is built
to the
standards and
specifications that are
applicable to
freeways that
are part of
the interstate system, in consultation
with the
director of public
safety and, if applicable, the local
authority
having jurisdiction
over a portion of such freeway, may
determine
and declare
that the
speed limit of less than sixty-five
miles per
hour established on
such
freeway or portion of freeway
either is
reasonable and safe
or is less than
that which is
reasonable and
safe.
(2) If the established speed limit for such a freeway or
portion of
freeway is determined to be less than that which is
reasonable and safe, the
director of transportation, in
consultation with the director of public safety
and, if
applicable, the local authority having jurisdiction over the
portion
of
freeway, shall determine and declare a reasonable and
safe speed limit of not
more than sixty-five miles per hour for
that freeway or portion of freeway.
The director of transportation or local authority having
jurisdiction
over the freeway or portion of freeway shall erect
appropriate signs giving
notice of the speed limit at such
location within
one hundred fifty days of
February 29, 1996.
Such
speed
limit becomes
effective only when such
signs are
erected at
the location.
(3) If, within one hundred twenty days of
February 29,
1996,
the director of
transportation does not make a
determination
and
declaration of a
reasonable and safe speed limit
for a freeway
or
portion of
freeway that is part of the interstate
system or
that
is not part
of the
interstate system, but is built
to the
standards and
specifications that are
applicable to
freeways that
are part of
the interstate system and that has a
speed limit of
less than
sixty-five miles per hour, the speed
limit on that
freeway or
portion of a freeway shall be sixty-five
miles per
hour. The
director of transportation or local authority
having
jurisdiction
over the
freeway or portion of the freeway
shall
erect appropriate
signs giving notice
of the speed limit of
sixty-five miles per
hour at such location within one
hundred
fifty days of
February 29, 1996. Such speed
limit
becomes
effective only when such signs are erected at the
location. A
speed
limit established through the operation of
division
(L)(3)
of this section is subject to reduction
under
division (I)(2) of
this section.
(M) Within three hundred sixty days
after
February 29,
1996,
the director of
transportation,
based upon a
geometric and
traffic
characteristic
study of a rural, divided,
multi-lane
highway that
has been
designated as part of the
national highway
system under
the
"National
Highway
System
Designation
Act of
1995," 109
Stat.
568,
23
U.S.C.A.
103, in
consultation with the
director of public
safety and, if
applicable,
the
local authority
having jurisdiction
over a portion
of the highway, may
determine
and declare that the
speed limit of
less than sixty-five miles per
hour established on
the highway or
portion of highway either is
reasonable and
safe or
is less than
that which is reasonable and
safe.
If the established speed limit for the highway or portion of
highway is
determined to be less than that which is reasonable and
safe, the director of
transportation, in consultation with the
director of public safety and, if
applicable, the local authority
having jurisdiction over the portion of
highway, shall determine
and declare a reasonable and safe speed limit of not
more than
sixty-five miles per hour for that highway or portion of highway.
The director of transportation or local authority having
jurisdiction over the
highway or portion of highway shall erect
appropriate signs giving notice of
the speed limit at such
location within three hundred ninety days after
February 29,
1996.
The speed limit becomes
effective only when
such signs are
erected
at the location.
(N)(1)(a) If the boundary of two local authorities rests on
the centerline of a highway and both authorities have jurisdiction
over the highway, the speed limit for the part of the highway
within their joint jurisdiction shall be either one of the
following as agreed to by both authorities:
(i) Either prima-facie speed limit permitted by division (B)
of this section;
(ii) An altered speed limit determined and posted in
accordance with this section.
(b) If the local authorities are unable to reach an
agreement, the speed limit shall remain as established and posted
under this section.
(2) Neither local authority may declare an altered
prima-facie speed limit pursuant to this section on the part of
the highway under their joint jurisdiction unless both of the
local authorities determine, upon the basis of an engineering and
traffic investigation, that the speed permitted by this section is
greater than is reasonable or safe under the conditions found to
exist at the location and both authorities agree upon a uniform
reasonable and safe prima-facie speed limit of less than
fifty-five but not less than twenty-five miles per hour for that
location. If both authorities so agree, each shall follow the
procedure specified in this section for altering the prima-facie
speed limit on the highway, and the speed limit for the part of
the highway within their joint jurisdiction shall be uniformly
altered. No altered speed limit may be withdrawn unless both local
authorities determine that the altered prima-facie speed limit
previously adopted becomes unreasonable and each adopts a
resolution withdrawing the altered prima-facie speed limit
pursuant to the procedure specified in this section.
(O) As used in this section:
(1) "Interstate system" has the same meaning as in 23
U.S.C.A. 101.
(2) "Commercial bus" means a motor vehicle designed for
carrying more than nine passengers and used for the
transportation
of persons for compensation.
(3) "Noncommercial bus" includes but is not limited to a
school bus or a motor vehicle operated solely for the
transportation of persons associated with a charitable or
nonprofit organization.
(P)(1) A violation of any provision of this section
is one
of
the following:
(a) Except as otherwise provided in divisions
(P)(1)(b),
(1)(c), (2), and
(3) of this section, a minor misdemeanor;
(b) If, within one year of the offense, the offender
previously
has been convicted of or pleaded guilty to two
violations of any provision of
this section or of any provision of
a municipal ordinance that is
substantially similar to any
provision of this section, a misdemeanor of the
fourth degree;
(c) If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to three or
more violations
of any
provision of this section or of any
provision of a municipal ordinance that is
substantially similar
to any provision of this section, a misdemeanor of the
third
degree.
(2) If the offender has not previously been convicted of or
pleaded guilty
to a violation of any provision of this section or
of any provision of a
municipal ordinance that is substantially
similar to this section and operated
a motor vehicle faster than
thirty-five
miles an hour in a business district of a municipal
corporation,
faster than fifty miles an hour in other portions of
a municipal
corporation, or faster than thirty-five miles an hour
in a school
zone during recess or while children are going to or
leaving
school during the school's opening or closing hours, a
misdemeanor of the
fourth degree.
(3) Notwithstanding division (P)(1) of this section, if the
offender operated a motor vehicle in a construction
zone where a
sign was then posted in accordance with section
4511.98 of the
Revised Code, the court, in addition to all
other
penalties
provided by law, shall impose upon the offender a fine of two
times
the usual amount
imposed for the violation. No court shall
impose a
fine of two times the usual amount imposed for the
violation upon
an offender if the offender alleges, in an
affidavit filed with the court
prior to the offender's sentencing,
that the offender is indigent
and is unable to pay the fine
imposed pursuant to this division
and if the court determines that
the offender is an indigent person
and unable to pay the fine.
Sec. 4511.75. (A) The driver of a vehicle, streetcar, or
trackless trolley upon meeting or overtaking from either
direction
any school bus stopped for the purpose of receiving or
discharging
any school child, person attending programs
offered
by community
boards of mental health and county boards of mental
retardation
and developmental disabilities, or child attending a
program
offered by a head
start agency,
shall stop at least
ten feet from
the front or rear of the school bus and shall not
proceed until
such school bus resumes motion, or until signaled
by the school
bus driver to proceed.
It is no defense to a charge under this division that the
school bus involved failed to display or be equipped with an
automatically extended stop warning sign as required by division
(B) of this section.
(B) Every school bus shall be equipped with amber and red
visual signals meeting the requirements of section 4511.771 of
the
Revised Code, and an automatically extended stop warning sign
of a
type approved by the state board of education, which shall
be
actuated by the driver of the bus whenever but only whenever
the
bus is stopped or stopping on the roadway for the purpose of
receiving or discharging school children, persons attending
programs offered by community boards of mental health and county
boards of mental retardation and developmental disabilities, or
children attending programs offered by head start agencies. A
school bus driver shall not actuate the visual signals or the
stop
warning sign in designated school bus loading areas where
the bus
is entirely off the roadway or at school buildings when
children
or persons attending programs offered by community
boards of
mental health and county boards of mental retardation
and
developmental disabilities are loading or unloading at
curbside or
at buildings when children attending programs offered by head
start agencies are loading or unloading at curbside. The visual
signals
and stop warning sign shall be
synchronized or otherwise
operated as required by rule of the
board.
(C) Where a highway has been divided into four or more
traffic lanes, a driver of a vehicle, streetcar, or trackless
trolley need not stop for a school bus approaching from the
opposite direction which has stopped for the purpose of receiving
or discharging any school child, persons attending programs
offered by community boards of mental health and county boards of
mental retardation and developmental disabilities, or children
attending programs offered by head start agencies. The driver of
any vehicle, streetcar, or trackless trolley overtaking the
school
bus shall comply with division (A) of this section.
(D) School buses operating on divided highways or on
highways
with four or more traffic lanes shall receive and
discharge all
school children, persons attending programs
offered
by community
boards of mental health and county boards of
mental
retardation
and developmental disabilities, and children
attending
programs
offered by head start agencies on their
residence side of
the
highway.
(E) No school bus driver shall start the driver's bus until
after
any child, person attending programs offered by community
boards of mental health and county boards of mental retardation
and developmental disabilities, or child attending a program
offered
by a head start agency who may have alighted therefrom
has
reached a place of safety on the child's or person's
residence
side of the road.
(F)(1)
Whoever violates division (A) of this section may
be
fined an amount not to exceed five hundred dollars. A person who
is issued
a citation for a violation of division (A) of this
section is not
permitted to enter a written plea of guilty and
waive the person's right to
contest the citation in a trial but
instead must appear in person in the
proper court to answer the
charge.
(2) In addition to and independent of any other penalty
provided by law,
the court or mayor may impose upon an offender
who violates this section a
class seven suspension of the
offender's driver's license, commercial driver's
license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(7) of
section 4510.02 of the Revised Code. When a license is suspended
under this section, the
court or mayor shall cause the offender to
deliver the license to the court,
and the court or clerk of the
court immediately shall forward the license
to the registrar of
motor vehicles, together with notice of the court's
action.
(G) As used in this section:
(1) "Head start agency" has the same meaning as in section
3301.32 of the Revised Code.
(2) "School bus," as used in relation to children who
attend
a program offered by a head start agency, means a bus that is
owned and
operated by a head start agency, is equipped with an
automatically extended
stop warning sign of a type approved by the
state board of education, is
painted the color and displays the
markings described in section 4511.77 of
the
Revised Code,
and is
equipped with amber and red visual signals meeting the
requirements of
section 4511.771 of the Revised
Code, irrespective
of whether or not the bus
has fifteen or more children aboard at
any time. "School bus" does not
include a van owned and operated
by a head start agency, irrespective of its
color, lights, or
markings.
Sec. 5101.35. (A) As used in this section:
(1) "Agency" means the following entities that administer a
family services program:
(a) The department of job and family services;
(b) A county department of job and family services;
(c) A public children services agency;
(d) A private or government entity administering, in whole
or
in
part, a family services program for or on behalf
of the
department of job and family services or a county
department of
job and family services or public
children services agency.
(2) "Appellant" means an applicant, participant, former
participant, recipient, or former recipient of a family
services
program
who is entitled by federal or
state law to a hearing
regarding a decision or order of the
agency that administers the
program.
(3) "Family services program" means assistance provided
under
a Title IV-A program as defined in section 5101.80 of the
Revised
Code or under
Chapter 5104.,
5111., or 5115.
or section
173.35,
5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or
5153.165 of the
Revised Code, other than
assistance provided under
section 5101.46
of the
Revised Code by the department of mental
health,
the
department of mental retardation and developmental
disabilities, a
board of alcohol, drug addiction, and mental
health services, or a
county board of mental retardation and
developmental disabilities.
(B)
Except as provided
by divisions (G) and (H) of this
section,
an appellant who appeals under federal or state law a
decision or
order of an agency administering a family
services
program shall,
at the appellant's
request, be granted a
state
hearing by the
department of job and family
services.
This state
hearing shall
be
conducted in accordance with rules adopted under
this section.
The
state hearing shall be recorded, but neither the
recording
nor a transcript of the recording shall be part of the
official
record of the proceeding. A state hearing decision is
binding
upon the agency and department, unless it is reversed or
modified on
appeal to the director of job and family services or a
court of common
pleas.
(C)
Except as provided by division (G) of this section, an
appellant who disagrees with a state hearing
decision may make an
administrative appeal to the director of
job and family
services
in accordance with rules adopted
under this section. This
administrative appeal does not require a hearing, but the
director
or the director's
designee
shall review the
state hearing decision
and previous administrative action and may
affirm, modify, remand,
or reverse the state hearing decision. Any person
designated to
make an administrative appeal decision
on behalf of the director
shall have been admitted to the
practice of law in this state. An
administrative appeal decision
is the final decision of the
department and is binding upon
the department and
agency, unless
it is reversed or modified on
appeal
to the court of common pleas.
(D) An agency shall comply with a decision issued pursuant
to
division
(B) or (C) of this section within the time limits
established by
rules adopted under this section.
If a county
department of job and family services or a
public children
services agency fails to comply within these time limits, the
department may take action pursuant to section
5101.24
of the
Revised Code. If another agency fails to comply within the time
limits, the department may force compliance by withholding funds
due the
agency or imposing another sanction established by rules
adopted under this
section.
(E) An appellant who disagrees with an administrative
appeal
decision of the director of job and family services
or the
director's designee issued under division (C)
of this section may
appeal from the decision to the court of
common pleas pursuant to
section 119.12 of the Revised Code. The
appeal shall be governed
by section 119.12 of the Revised Code
except that:
(1) The person may appeal to the court of common pleas of
the
county in which the person resides, or to the court of
common
pleas
of Franklin county if the person does not reside in this
state.
(2) The person may apply to the court for designation as
an
indigent and, if the court grants this application, the
appellant
shall not be required to furnish the costs of the
appeal.
(3) The appellant shall mail the notice of appeal to the
department of job and family services and file notice of
appeal
with
the court within
thirty days after the department mails the
administrative
appeal decision to the appellant. For good cause
shown, the
court may extend the time for mailing and filing notice
of
appeal, but such time shall not exceed six months from the date
the department mails the administrative appeal decision.
Filing
notice of appeal with the court shall be the only act
necessary to
vest jurisdiction in the court.
(4) The department shall be required to file a
transcript of
the testimony of the state hearing with the court
only if the
court orders the department to file the transcript.
The court
shall make such an order only if it finds that the
department and
the appellant are unable to stipulate to the facts
of the case and
that the transcript is essential to a
determination of the appeal.
The department shall file the
transcript not later than thirty
days after the day such an order
is issued.
(F) The department of job and family services shall adopt
rules
in accordance with Chapter 119. of the Revised
Code to
implement this section, including rules governing
the following:
(1) State hearings under division (B) of this section. The
rules shall include provisions regarding notice of eligibility
termination and
the opportunity of an appellant appealing a
decision or order of a county
department of job and family
services to request a county conference with the
county department
before the state hearing is held.
(2) Administrative appeals under division (C) of this
section;
(3) Time limits for complying with a decision issued under
division (B) or (C) of this section;
(4) Sanctions that may be applied against an agency under
division
(D) of this section.
(G)
The department of job and family services may adopt rules
in accordance with Chapter 119. of the Revised Code establishing
an appeals process for an appellant who appeals a decision or
order regarding a Title IV-A program identified under division
(A)(4)(c), (d), (e), or (f) of section 5101.80 of the Revised Code
that is
different from the appeals process established by this
section.
The different appeals process may include having a state
agency
that administers the Title IV-A program pursuant to an
interagency
agreement entered into under section 5101.801 of the
Revised Code
administer the appeals process.
(H) If an appellant receiving medicaid through a health
insuring corporation that holds a certificate of authority under
Chapter 1751. of the Revised Code is appealing a denial of
medicaid services based on lack of medical necessity or other
clinical issues regarding coverage by the health insuring
corporation, the person hearing the appeal may order an
independent medical review if that person determines that a review
is necessary. The review shall be performed by a health care
professional with appropriate clinical expertise in treating the
recipient's condition or disease. The department shall pay the
costs associated with the review.
A review ordered under this division shall be part of the
record of the hearing and shall be given appropriate evidentiary
consideration by the person hearing the appeal.
(I) The requirements of Chapter 119. of the Revised Code
apply to a
state hearing or administrative appeal under this
section only to the extent,
if any, specifically provided by rules
adopted under this section.
Sec. 5101.46. (A) As used in this section:
(1) "Title XX" means Title XX of the
"Social Security Act,"
88 Stat. 2337
(1974), 42 U.S.C.A.
1397, as amended.
(2) "Respective local agency" means, with respect to
the
department of job and family services, a county
department of job
and family services; with respect to the
department of mental
health, a
board of alcohol, drug addiction, and mental health
services;
and with respect to the department of mental retardation
and
developmental disabilities, a county board of mental
retardation
and developmental disabilities.
(3) "Federal poverty guidelines" means the
poverty guidelines
as revised annually by the
United States department of health and
human services in accordance with section 673(2) of the
"Omnibus
Budget Reconciliation Act of
1981," 95 Stat. 511, 42
U.S.C.A.
9902, as amended, for a family
size equal to the size of the
family of the person whose income is being determined.
(B) The departments of job and family services,
mental
health, and mental retardation and developmental
disabilities,
with their respective local agencies, shall
administer the
provision of
social services funded through grants made under
Title XX. The social services furnished with Title XX funds
shall
be directed at the following goals:
(1) Achieving or maintaining economic self-support to
prevent, reduce, or eliminate dependency;
(2) Achieving or maintaining self-sufficiency, including
reduction or prevention of dependency;
(3) Preventing or remedying neglect, abuse, or
exploitation
of children and adults unable to protect their own
interests, or
preserving, rehabilitating, or reuniting families;
(4) Preventing or reducing inappropriate institutional
care
by providing for community-based care, home-based care, or
other
forms of less intensive care;
(5) Securing referral or admission for institutional care
when other forms of care are not appropriate, or providing
services to individuals in institutions.
(C)(1) All federal funds received under Title
XX shall be
appropriated as follows:
(a) Seventy-two and one-half per cent to the
department of
job and family services;
(b) Twelve and ninety-three one-hundreths per
cent to the
department of mental health;
(c) Fourteen and fifty-seven one-hundreths per
cent to the
department of mental retardation and developmental
disabilities.
(2) Each state department shall, subject to the
approval of
the controlling board, develop formulas for the
distribution of
their Title
XX appropriations to their
respective local agencies.
The formulas shall take into account
the total population of the
area that is served by the agency,
the percentage of the
population in the area that falls below
the federal poverty
guidelines, and the agency's history of and
ability to utilize
Title XX funds.
(3) Each of the state
departments shall expend no more than
three per cent of its
Title XX appropriation for state
administrative costs. Each of the department's respective local
agencies shall expend no more than fourteen per cent of its
Title
XX appropriation for local administrative costs.
(4) The department of job and family services shall
expend no
more
than two per cent of its Title
XX appropriation for the
training of the following:
(a) Employees of county departments of job and family
services;
(b) Providers of services under contract with the
state
departments' respective local agencies;
(c) Employees of a public children services agency
directly
engaged in providing
Title
XX services.
(D) The department of
job and family services shall prepare a
biennial
comprehensive Title
XX social services plan on the
intended use of Title
XX funds. The department shall develop a
method for obtaining public
comment during the development of the
plan and following its
completion.
For each state fiscal year, the department of job and
family
services shall prepare a report on the actual use of Title
XX
funds. The department shall make the annual report available for
public inspection.
The departments of mental health and mental retardation
and
developmental disabilities shall prepare and submit to the
department of job and family services the portions of each
biennial plan
and annual report that apply to services for mental
health and
mental retardation and developmental disabilities. Each
respective local agency of the three state departments shall
submit information as necessary for the preparation of biennial
plans and annual reports.
(E) Each county
department shall adopt a county profile for
the administration
and provision of Title XX social services in
the county. In
developing its county profile, the county
department shall take
into consideration the comments and
recommendations received
from the public by the county family
services
planning committee
pursuant to section 329.06 of the
Revised
Code. As part of its
preparation of the county profile,
the county department may
prepare a local needs report analyzing
the need for Title XX
social services.
The county department shall submit the county profile
to the
board of county commissioners for its review. Once the
county
profile has been approved by the board, the county
department
shall file a copy of the county profile with the
department of job
and family services. The
department shall
approve the county
profile if the department determines the
profile
provides for the
Title XX social services to meet the goals
specified in division
(B) of this section.
(F) Any of the three
state departments and their respective
local agencies may
require that an entity under contract to
provide social services
with Title XX funds submit to an audit on
the basis of
alleged misuse or improper accounting of funds. If an
audit is required, the social services provider shall reimburse
the state department or local agency for the cost it incurred in
conducting the audit or having the audit conducted.
If an audit demonstrates that a social services provider is
responsible for one or more adverse findings, the provider shall
reimburse the appropriate state department or its respective local
agency the amount of the adverse findings. The amount shall not be
reimbursed with Title XX funds received under this section. The
three state
departments and their respective local agencies may
terminate or
refuse to enter into a Title XX contract with a
social services provider if there are adverse findings in an audit
that
are the responsibility of the provider.
(G) The department of job and family services may adopt
rules
to implement and carry out the
purposes of this section. Rules
governing financial and operational matters of the department or
matters between the department and county departments of job and
family services shall be adopted as internal management rules in
accordance with
section 111.15 of the Revised
Code. Rules
governing eligibility for services, program participation, and
other matters pertaining to applicants and participants shall be
adopted in accordance with Chapter 119. of the Revised Code.
Sec. 5101.611. If a county department of job and family
services knows or has reasonable cause to believe that the subject
of a
report made under section 5101.61 or of an investigation
conducted under sections 5101.62 to 5101.64 or on the initiative
of the department is mentally retarded or developmentally
disabled
as defined in section 5126.01 of the Revised Code, the
department
shall refer the case to the county board of mental
retardation and
developmental disabilities of that county for
review pursuant to
section 5126.31 of the Revised Code.
If a county board of mental retardation and developmental
disabilities refers a case to the county department of job and
family services in accordance with section 5126.31, the department
shall
proceed with the case in accordance with sections 5101.60 to
5101.71 of the Revised Code.
Sec. 5111.151. (A) This section applies to eligibility
determinations for all cases involving medicaid provided pursuant
to this chapter, qualified medicare beneficiaries, specified
low-income medicare beneficiaries, qualifying individuals-1,
qualifying individuals-2, and medical assistance for covered
families and children.
(B) As used in this section:
(1) "Trust" means any arrangement in which a grantor
transfers real or personal property to a trust with the intention
that it be held, managed, or administered by at least one trustee
for the benefit of the grantor or beneficiaries. "Trust" includes
any legal instrument or device similar to a trust.
(2) "Legal instrument or device similar to a trust" includes,
but is not limited to, escrow accounts, investment accounts,
partnerships, contracts, and other similar arrangements that are
not called trusts under state law but are similar to a trust and
to which all of the following apply:
(a) The property in the trust is held, managed, retained, or
administered by a trustee.
(b) The trustee has an equitable, legal, or fiduciary duty to
hold, manage, retain, or administer the property for the benefit
of the beneficiary.
(c) The trustee holds identifiable property for the
beneficiary.
(3) "Grantor" is a person who creates a trust, including all
of the following:
(b) An individual's spouse;
(c) A person, including a court or administrative body, with
legal authority to act in place of or on behalf of an individual
or an individual's spouse;
(d) A person, including a court or administrative body, that
acts at the direction or on request of an individual or the
individual's spouse.
(4) "Beneficiary" is a person or persons, including a
grantor, who benefits in some way from a trust.
(5) "Trustee" is a person who manages a trust's principal and
income for the benefit of the beneficiaries.
(6) "Person" has the same meaning as in section 1.59 of the
Revised Code and includes an individual, corporation, business
trust, estate, trust, partnership, and association.
(7) "Applicant" is an individual who applies for medicaid or
the individual's spouse.
(8) "Recipient" is an individual who receives medicaid or the
individual's spouse.
(9) "Revocable trust" is a trust that can be revoked by the
grantor or the beneficiary, including all of the following, even
if the terms of the trust state that it is irrevocable:
(a) A trust that provides that the trust can be terminated
only by a court;
(b) A trust that terminates on the happening of an event, but
only if the event occurs at the direction or control of the
grantor, beneficiary, or trustee.
(10) "Irrevocable trust" is a trust that cannot be revoked by
the grantor or terminated by a court and that terminates only on
the occurrence of an event outside of the control or direction of
the beneficiary or grantor.
(11) "Payment" is any disbursal from the principal or income
of the trust, including actual cash, noncash or property
disbursements, or the right to use and occupy real property.
(12) "Payments to or for the benefit of the applicant or
recipient" is a payment to any person resulting in a direct or
indirect benefit to the applicant or recipient.
(13) "Testamentary trust" is a trust that is established by a
will and does not take effect until after the death of the person
who created the trust.
(C) If an applicant or recipient is a beneficiary of a trust,
the county department of job and family services shall determine
what type of trust it is and shall treat the trust in accordance
with the appropriate provisions of this section and rules adopted
by the department of job and family services governing trusts. The
county department of job and family services may determine that
the trust or portion of the trust is one of the following:
(1) A countable resource;
(3) A countable resource and countable income;
(4) Not a countable resource or countable income.
(D)(1) A trust or legal instrument or device similar to a
trust shall be considered a medicaid qualifying trust if all of
the following apply:
(a) The trust was established on or prior to August 10, 1993.
(b) The trust was not established by a will.
(c) The trust was established by an applicant or recipient.
(d) The applicant or recipient is or may become the
beneficiary of all or part of the trust.
(e) Payment from the trust is determined by one or more
trustees who are permitted to exercise any discretion with respect
to the distribution to the applicant or recipient.
(2) If a trust meets the requirement of division (D)(1) of
this section, the amount of the trust that is considered by the
county department of job and family services as an available
resource to the applicant or recipient shall be the maximum amount
of payments permitted under the terms of the trust to be
distributed to the applicant or recipient, assuming the full
exercise of discretion by the trustee or trustees. The maximum
amount shall include only amounts that are permitted to be
distributed but are not distributed from either the income or
principal of the trust.
(3) Amounts that are actually distributed from a medicaid
qualifying trust to a beneficiary for any purpose shall be treated
in accordance with rules adopted by the department of job and
family services governing income.
(4) Availability of a medicaid qualifying trust shall be
considered without regard to any of the following:
(a) Whether or not the trust is irrevocable or was
established for purposes other than to enable a grantor to qualify
for medicaid, medical assistance for covered families and
children, or as a qualified medicare beneficiary, specified
low-income medicare beneficiary, qualifying individual-1, or
qualifying individual-2;
(b) Whether or not the trustee actually exercises discretion.
(5) If any real or personal property is transferred to a
medicaid qualifying trust that is not distributable to the
applicant or recipient, the transfer shall be considered an
improper disposition of assets and shall be subject to section
5111.0116 of the Revised Code and rules to implement that section
adopted under section 5111.011 of the Revised Code.
(6) The baseline date for the look-back period for
disposition of assets involving a medicaid qualifying trust shall
be the date on which the applicant or recipient is both
institutionalized and first applies for medicaid.
(E)(1) A trust or legal instrument or device similar to a
trust shall be considered a self-settled trust if all of the
following apply:
(a) The trust was established on or after August 11, 1993.
(b) The trust was not established by a will.
(c) The trust was established by an applicant or recipient,
spouse of an applicant or recipient, or a person, including a
court or administrative body, with legal authority to act in place
of or on behalf of an applicant, recipient, or spouse, or acting
at the direction or on request of an applicant, recipient, or
spouse.
(2) A trust that meets the requirements of division (E)(1) of
this section and is a revocable trust shall be treated by the
county department of job and family services as follows:
(a) The corpus of the trust shall be considered a resource
available to the applicant or recipient.
(b) Payments from the trust to or for the benefit of the
applicant or recipient shall be considered unearned income of the
applicant or recipient.
(c) Any other payments from the trust shall be considered an
improper disposition of assets and shall be subject to section
5111.0116 of the Revised Code and rules to implement that section
adopted under section 5111.011 of the Revised Code.
(3) A trust that meets the requirements of division (E)(1) of
this section and is an irrevocable trust shall be treated by the
county department of job and family services as follows:
(a) If there are any circumstances under which payment from
the trust could be made to or for the benefit of the applicant or
recipient, including a payment that can be made only in the
future, the portion from which payments could be made shall be
considered a resource available to the applicant or recipient. The
county department of job and family services shall not take into
account when payments can be made.
(b) Any payment that is actually made to or for the benefit
of the applicant or recipient from either the corpus or income
shall be considered unearned income.
(c) If a payment is made to someone other than to the
applicant or recipient and the payment is not for the benefit of
the applicant or recipient, the payment shall be considered an
improper disposition of assets and shall be subject to section
5111.0116 of the Revised Code and rules to implement that section
adopted under section 5111.011 of the Revised Code.
(d) The date of the disposition shall be the later of the
date of establishment of the trust or the date of the occurrence
of the event.
(e) When determining the value of the disposed asset under
this provision, the value of the trust shall be its value on the
date payment to the applicant or recipient was foreclosed.
(f) Any income earned or other resources added subsequent to
the foreclosure date shall be added to the total value of the
trust.
(g) Any payments to or for the benefit of the applicant or
recipient after the foreclosure date but prior to the application
date shall be subtracted from the total value. Any other payments
shall not be subtracted from the value.
(h) Any addition of assets after the foreclosure date shall
be considered a separate disposition.
(4) If a trust is funded with assets of another person or
persons in addition to assets of the applicant or recipient, the
applicable provisions of this section and rules adopted by the
department of job and family services governing trusts shall apply
only to the portion of the trust attributable to the applicant or
recipient.
(5) The availability of a self-settled trust shall be
considered without regard to any of the following:
(a) The purpose for which the trust is established;
(b) Whether the trustees have exercised or may exercise
discretion under the trust;
(c) Any restrictions on when or whether distributions may be
made from the trust;
(d) Any restrictions on the use of distributions from the
trust.
(6) The baseline date for the look-back period for
dispositions of assets involving a self-settled trust shall be the
date on which the applicant or recipient is both institutionalized
and first applies for medicaid.
(F) The principal or income from any of the following shall
be exempt from being counted as a resource by a county department
of job and family services:
(1)(a) A special needs trust that meets all of the following
requirements:
(i) The trust contains assets of an applicant or recipient
under sixty-five years of age and may contain the assets of other
individuals.
(ii) The applicant or recipient is disabled as defined in
rules adopted by the department of job and family services.
(iii) The trust is established for the benefit of the
applicant or recipient by a parent, grandparent, legal guardian,
or a court.
(iv) The trust requires that on the death of the applicant or
recipient the state will receive all amounts remaining in the
trust up to an amount equal to the total amount of medicaid paid
on behalf of the applicant or recipient.
(b) If a special needs trust meets the requirements of
division (F)(1)(a) of this section and has been established for a
disabled applicant or recipient under sixty-five years of age, the
exemption for the trust granted pursuant to division (F) of this
section shall continue after the disabled applicant or recipient
becomes sixty-five years of age if the applicant or recipient
continues to be disabled as defined in rules adopted by the
department of job and family services. Except for income earned by
the trust, the grantor shall not add to or otherwise augment the
trust after the applicant or recipient attains sixty-five years of
age. An addition or augmentation of the trust by the applicant or
recipient with the applicant's own assets after the applicant or
recipient attains sixty-five years of age shall be treated as an
improper disposition of assets.
(c) Cash distributions to the applicant or recipient shall be
counted as unearned income. All other distributions from the trust
shall be treated as provided in rules adopted by the department of
job and family services governing in-kind income.
(d) Transfers of assets to a special needs trust shall not be
treated as an improper transfer of resources. Assets held prior to
the transfer to the trust shall be considered as countable assets
or countable income or countable assets and income.
(2)(a) A qualifying income trust that meets all of the
following requirements:
(i) The trust is composed only of pension, social security,
and other income to the applicant or recipient, including
accumulated interest in the trust.
(ii) The income is received by the individual and the right
to receive the income is not assigned or transferred to the trust.
(iii) The trust requires that on the death of the applicant
or recipient the state will receive all amounts remaining in the
trust up to an amount equal to the total amount of medicaid paid
on behalf of the applicant or recipient.
(b) No resources shall be used to establish or augment the
trust.
(c) If an applicant or recipient has irrevocably transferred
or assigned the applicant's or recipient's right to receive income
to the trust, the trust shall not be considered a qualifying
income trust by the county department of job and family services.
(d) Income placed in a qualifying income trust shall not be
counted in determining an applicant's or recipient's eligibility
for medicaid. The recipient of the funds may place any income
directly into a qualifying income trust without those funds
adversely affecting the applicant's or recipient's eligibility for
medicaid. Income generated by the trust that remains in the trust
shall not be considered as income to the applicant or recipient.
(e) All income placed in a qualifying income trust shall be
combined with any countable income not placed in the trust to
arrive at a base income figure to be used for spend down
calculations.
(f) The base income figure shall be used for post-eligibility
deductions, including personal needs allowance, monthly income
allowance, family allowance, and medical expenses not subject to
third party payment. Any income remaining shall be used toward
payment of patient liability. Payments made from a qualifying
income trust shall not be combined with the base income figure for
post-eligibility calculations.
(g) The base income figure shall be used when determining the
spend down budget for the applicant or recipient. Any income
remaining after allowable deductions are permitted as provided
under rules adopted by the department of job and family services
shall be considered the applicant's or recipient's spend down
liability.
(3)(a) A pooled trust that meets all of the following
requirements:
(i) The trust contains the assets of the applicant or
recipient of any age who is disabled as defined in rules adopted
by the department of job and family services.
(ii) The trust is established and managed by a nonprofit
association.
(iii) A separate account is maintained for each beneficiary
of the trust but, for purposes of investment and management of
funds, the trust pools the funds in these accounts.
(iv) Accounts in the trust are established by the applicant
or recipient, the applicant's or recipient's parent, grandparent,
or legal guardian, or a court solely for the benefit of
individuals who are disabled.
(v) The trust requires that, to the extent that any amounts
remaining in the beneficiary's account on the death of the
beneficiary are not retained by the trust, the trust pay to the
state the amounts remaining in the trust up to an amount equal to
the total amount of medicaid paid on behalf of the beneficiary.
(b) Cash distributions to the applicant or recipient shall be
counted as unearned income. All other distributions from the trust
shall be treated as provided in rules adopted by the department of
job and family services governing in-kind income.
(c) Transfers of assets to a pooled trust shall not be
treated as an improper disposition of assets. Assets held prior to
the transfer to the trust shall be considered as countable assets,
countable income, or countable assets and income.
(4) A supplemental services trust that meets the requirements
of section 5815.28 of the Revised Code and to which all of the
following apply:
(a) A person may establish a supplemental services trust
pursuant to section 5815.28 of the Revised Code only for another
person who is eligible to receive services through one of the
following agencies:
(i) The department of mental retardation and developmental
disabilities;
(ii) A county board of mental retardation and developmental
disabilities;
(iii) The department of mental health;
(iv) A board of alcohol, drug addiction, and mental health
services.
(b) A county department of job and family services shall not
determine eligibility for another agency's program. An applicant
or recipient shall do one of the following:
(i) Provide documentation from one of the agencies listed in
division (F)(4)(a) of this section that establishes that the
applicant or recipient was determined to be eligible for services
from the agency at the time of the creation of the trust;
(ii) Provide an order from a court of competent jurisdiction
that states that the applicant or recipient was eligible for
services from one of the agencies listed in division (F)(4)(a) of
this section at the time of the creation of the trust.
(c) At the time the trust is created, the trust principal
does not exceed the maximum amount permitted. The maximum amount
permitted in calendar year 2006 is two hundred twenty-two thousand
dollars. Each year thereafter, the maximum amount permitted is the
prior year's amount plus two thousand dollars.
(d) A county department of job and family services shall
review the trust to determine whether it complies with the
provisions of section 5815.28 of the Revised Code.
(e) Payments from supplemental services trusts shall be
exempt as long as the payments are for supplemental services as
defined in rules adopted by the department of job and family
services. All supplemental services shall be purchased by the
trustee and shall not be purchased through direct cash payments to
the beneficiary.
(f) If a trust is represented as a supplemental services
trust and a county department of job and family services
determines that the trust does not meet the requirements provided
in division (F)(4) of this section and section 5815.28 of the
Revised Code, the county department of job and family services
shall not consider it an exempt trust.
(G)(1) A trust or legal instrument or device similar to a
trust shall be considered a trust established by an individual for
the benefit of the applicant or recipient if all of the following
apply:
(a) The trust is created by a person other than the applicant
or recipient.
(b) The trust names the applicant or recipient as a
beneficiary.
(c) The trust is funded with assets or property in which the
applicant or recipient has never held an ownership interest prior
to the establishment of the trust.
(2) Any portion of a trust that meets the requirements of
division (G)(1) of this section shall be an available resource
only if the trust permits the trustee to expend principal, corpus,
or assets of the trust for the applicant's or recipient's medical
care, care, comfort, maintenance, health, welfare, general well
being, or any combination of these purposes.
(3) A trust that meets the requirements of division (G)(1) of
this section shall be considered an available resource even if the
trust contains any of the following types of provisions:
(a) A provision that prohibits the trustee from making
payments that would supplant or replace medicaid or other public
assistance;
(b) A provision that prohibits the trustee from making
payments that would impact or have an effect on the applicant's or
recipient's right, ability, or opportunity to receive medicaid or
other public assistance;
(c) A provision that attempts to prevent the trust or its
corpus or principal from being counted as an available resource.
(4) A trust that meets the requirements of division (G)(1) of
this section shall not be counted as an available resource if at
least one of the following circumstances applies:
(a) If a trust contains a clear statement requiring the
trustee to preserve a portion of the trust for another beneficiary
or remainderman, that portion of the trust shall not be counted as
an available resource. Terms of a trust that grant discretion to
preserve a portion of the trust shall not qualify as a clear
statement requiring the trustee to preserve a portion of the
trust.
(b) If a trust contains a clear statement requiring the
trustee to use a portion of the trust for a purpose other than
medical care, care, comfort, maintenance, welfare, or general well
being of the applicant or recipient, that portion of the trust
shall not be counted as an available resource. Terms of a trust
that grant discretion to limit the use of a portion of the trust
shall not qualify as a clear statement requiring the trustee to
use a portion of the trust for a particular purpose.
(c) If a trust contains a clear statement limiting the
trustee to making fixed periodic payments, the trust shall not be
counted as an available resource and payments shall be treated in
accordance with rules adopted by the department of job and family
services governing income. Terms of a trust that grant discretion
to limit payments shall not qualify as a clear statement requiring
the trustee to make fixed periodic payments.
(d) If a trust contains a clear statement that requires the
trustee to terminate the trust if it is counted as an available
resource, the trust shall not be counted as an available resource.
Terms of a trust that grant discretion to terminate the trust do
not qualify as a clear statement requiring the trustee to
terminate the trust.
(e) If a person obtains a judgment from a court of competent
jurisdiction that expressly prevents the trustee from using part
or all of the trust for the medical care, care, comfort,
maintenance, welfare, or general well being of the applicant or
recipient, the trust or that portion of the trust subject to the
court order shall not be counted as a resource.
(f) If a trust is specifically exempt from being counted as
an available resource by a provision of the Revised Code, rules,
or federal law, the trust shall not be counted as a resource.
(g) If an applicant or recipient presents a final judgment
from a court demonstrating that the applicant or recipient was
unsuccessful in a civil action against the trustee to compel
payments from the trust, the trust shall not be counted as an
available resource.
(h) If an applicant or recipient presents a final judgment
from a court demonstrating that in a civil action against the
trustee the applicant or recipient was only able to compel limited
or periodic payments, the trust shall not be counted as an
available resource and payments shall be treated in accordance
with rules adopted by the department of job and family services
governing income.
(i) If an applicant or recipient provides written
documentation showing that the cost of a civil action brought to
compel payments from the trust would be cost prohibitive, the
trust shall not be counted as an available resource.
(5) Any actual payments to the applicant or recipient from a
trust that meet the requirements of division (G)(1) of this
section, including trusts that are not counted as an available
resource, shall be treated as provided in rules adopted by the
department of job and family services governing income. Payments
to any person other than the applicant or recipient shall not be
considered income to the applicant or recipient. Payments from the
trust to a person other than the applicant or recipient shall not
be considered an improper disposition of assets.
Sec. 5111.871. The department of job and family
services
shall enter
into
a contract with the
department of
mental
retardation and developmental disabilities
under section
5111.91
of the Revised Code with regard to one or more of
the
components
of the
medicaid
program established by the
department of
job and
family
services
under
one or more of the medicaid waivers
sought
under section 5111.87 of the Revised Code. The
contract shall
provide for the
department of mental retardation
and
developmental
disabilities to
administer the
components in
accordance
with the
terms of
the
waivers. The
directors of job
and family services
and
mental
retardation and developmental
disabilities shall
adopt
rules in
accordance with Chapter 119. of
the Revised Code
governing the
components.
If the department of mental retardation and developmental
disabilities or the department of job and family services denies
an individual's application for home and community-based services
provided under any of these medicaid components, the department
that denied
the services shall give timely notice to the
individual that the
individual
may request a hearing under section
5101.35 of the
Revised Code.
The departments of mental retardation and developmental
disabilities and job and family services may approve, reduce,
deny, or terminate a service included in the individualized
service plan developed for a medicaid recipient eligible for home
and community-based services provided under any of these medicaid
components. The departments shall consider the recommendations a
county board of mental retardation and developmental disabilities
makes under division (A)(1)(c) of section 5126.055 of the Revised
Code. If either department approves, reduces, denies, or
terminates a
service, that department shall give timely notice to
the medicaid
recipient that the recipient may request a hearing
under section
5101.35 of the Revised Code.
If supported living, as defined in
section 5126.01 of the
Revised Code, is to be provided as a
service under any of these
components, any person or government
entity with a current, valid
medicaid provider agreement and a
current, valid certificate
under
section 5123.161 of the Revised Code may
provide the
service.
If a service is to be provided under any of these components
by a residential facility, as defined in section 5123.19 of the
Revised Code, any person or government entity with a current,
valid medicaid provider agreement and a current, valid license
under section 5123.19 of the Revised Code may provide the service.
Sec. 5111.872. When the department of mental retardation and
developmental disabilities allocates enrollment numbers to a
county board of mental retardation and developmental disabilities
for home and community-based services specified in division (B)(1)
of section 5111.87 of the Revised Code and provided under any of
the components
of the medicaid program that the department
administers under
section 5111.871 of the Revised Code, the
department shall
consider all of the following:
(A) The number of individuals with mental retardation or
other developmental disability who are on a waiting list the
county board establishes under division (C) of section 5126.042 of
the Revised Code for those services and are given priority on the
waiting list pursuant to division (D) or (E) of that section;
(B) The implementation component required by division
(A)(3)
of section 5126.054 of the Revised Code of the county
board's plan
approved under section 5123.046 of the Revised Code;
(C) Anything else the department considers necessary to
enable county boards to provide those services to individuals in
accordance with the priority requirements of
divisions
(D) and (E)
of
section 5126.042 of the Revised Code.
Sec. 5111.873. (A) Not later than the effective date of the
first of any medicaid waivers the United States secretary of
health and human services grants pursuant to a request made under
section 5111.87 of the Revised Code, the director of job and
family services shall adopt rules in accordance with Chapter 119.
of the Revised Code establishing statewide fee schedules for home
and community-based services specified in division (B)(1) of
section 5111.87 of the Revised Code and provided under the
components of the
medicaid program that the department of mental
retardation and
developmental disabilities administers under
section 5111.871 of
the Revised Code. The rules shall provide for
all of the
following:
(1) The department of mental retardation and developmental
disabilities arranging for the initial and ongoing collection of
cost information from a comprehensive, statistically valid sample
of persons and government entities providing the services at the
time the information is obtained;
(2) The collection of consumer-specific information through
an assessment instrument the department of mental retardation and
developmental disabilities shall provide to the department of job
and family services;
(3) With the information collected pursuant to divisions
(A)(1) and (2) of this section, an analysis of that information,
and other information the director determines relevant, methods
and standards for calculating the fee schedules that do all of the
following:
(a) Assure that the fees are consistent with
efficiency,
economy, and quality of care;
(b) Consider the intensity of consumer resource need;
(c) Recognize variations in different geographic areas
regarding the resources necessary to assure the health and welfare
of consumers;
(d) Recognize variations in environmental supports available
to consumers.
(B) As part of the process of adopting rules under this
section, the director shall consult with the director of mental
retardation and developmental disabilities, representatives of
county boards of mental retardation and developmental
disabilities, persons who provide the home and community-based
services, and other persons and government entities the director
identifies.
(C) The directors of job and family services and mental
retardation and developmental disabilities shall review the rules
adopted under this section at times they determine to ensure that
the methods and standards established by the rules for calculating
the fee schedules continue to do everything that division (A)(3)
of this section requires.
Sec. 5123.033. The program fee fund is hereby created in the
state treasury. All fees collected pursuant to sections 5123.161,
5123.164, 5123.19, and 5126.25 of the Revised Code shall be
credited to the fund. Money credited to the fund shall be used
solely for the department of mental retardation and developmental
disabilities' duties under sections 5123.16 to 5123.169, 5123.19,
and 5126.25 of the Revised Code and to provide continuing
education and professional training to employees of county boards
of mental retardation and developmental disabilities for the
purpose of section 5126.25 of the Revised Code and other providers
of services to individuals with mental retardation or a
developmental disability. If the money credited to the fund is
inadequate to pay all of the department's costs in performing
those duties and providing the continuing education and
professional training, the department may use other available
funds appropriated to the department to pay the remaining costs of
performing those duties and providing the continuing education and
professional training.
Sec. 5123.04. (A) The director of mental retardation and
developmental disabilities is the executive head of the
department
of mental retardation and developmental disabilities.
All duties
conferred on the department and its institutions by
law or by
order of the director shall be performed under such
rules as the
director prescribes, and shall be under the director's control.
The director shall
establish bylaws for the government of all
institutions under the
jurisdiction of the department. Except as
otherwise is provided
as to appointments by chiefs of divisions,
the director shall
appoint such employees as are necessary for the
efficient conduct
of the department, and shall prescribe their
titles and duties. If the
director is not a licensed physician,
decisions relating to
medical diagnosis and treatment shall be the
responsibility of a
licensed physician appointed by the director.
(B) The director shall adopt rules for the proper execution
of the powers and
duties of the department.
(C) The director shall adopt rules establishing standards
that mental
retardation programs and facilities shall follow when
performing
evaluations of the mental condition of defendants
ordered by the
court under section 2919.271 or 2945.371 of the
Revised Code, and for the
treatment of defendants who have been
found
incompetent to stand trial under section 2945.38 of the
Revised
Code, and certify the compliance of such programs and
facilities
with the standards.
(D) On behalf of the department, the director has the
authority to,
and responsibility for, entering into contracts and
other
agreements.
(E) The director shall adopt rules in accordance with Chapter
119. of
the Revised Code that do all of the following:
(1) Specify the supplemental services that may be provided
through a trust authorized by section 5815.28 of the Revised
Code;
(2) Establish standards for the maintenance and
distribution
to a beneficiary of assets of a trust authorized by
section
5815.28 of the Revised Code.
(F) The director shall provide monitoring of county boards
of
mental retardation and developmental disabilities.
Sec. 5123.042. (A) The director of mental retardation and
developmental disabilities shall adopt rules in accordance with
Chapter 119. of the Revised Code establishing the following:
(1) Uniform standards under which:
(a) A person or agency shall submit plans to the county
board
of mental retardation and developmental disabilities for
the
development of residential services for individuals with mental
retardation or a
developmental disability within the county;
(b) The county board must review the plans and recommend
providers for the services.
(2) The eligibility criteria for selecting persons and
agencies to provide residential services, which shall take into
consideration the recommendations of the county board.
(B) The county board, in accordance with its comprehensive
service plan, shall review all
proposals for the development of
residential services that are
submitted to it and shall, if the
proposals are acceptable to the
county board, recommend providers
for the development of
residential services within the county. The
department shall
approve proposals for the development of
residential services
within counties based upon the availability
of funds and in
accordance with rules adopted under division
(A)(2) of this
section.
No county board shall recommend providers for the
development
of residential services if the county board is an
applicant to
provide services. In cases of possible conflict of
interest, the
director shall appoint a committee that shall, in
accordance with
the approved county comprehensive service plan,
review and
recommend to the director providers for the
services.
If a county board fails to establish an approved
comprehensive service plan, the director may establish
residential
services development goals for the county board based
on
documented need as determined by the department. If a county
board
fails to develop or implement such a plan in accordance
with the
rules adopted under this section, the department may,
without the
involvement of the county board, review and select
providers for
the development of residential services in the
county.
Sec. 5123.043. (A) The director of mental retardation and
developmental disabilities shall adopt rules establishing
procedures for administrative resolution of complaints filed
under
division (B) of this section and section
5126.06 of the Revised
Code. The rules shall be adopted in
accordance with Chapter 119.
of the Revised Code.
(B) Except as provided in division (C) of this section,
any
person
or county board of mental retardation and developmental
disabilities that has a complaint involving any of the programs,
services, policies, or administrative practices of the department
of mental retardation and developmental disabilities or any of
the
entities under contract with the department, may file a
complaint
with the department. Prior to commencing a civil
action regarding
the complaint, a person
or county board shall attempt to have
the
complaint
resolved through the administrative resolution
process
established
in the rules adopted under this section.
After
exhausting the
administrative resolution process, the
person
or
county board may commence a civil
action if the complaint is not
settled to the person's
or county board's
satisfaction.
(C) An employee of the department may not file
under this
section a complaint related to the terms and conditions of
employment for the employee.
Sec. 5123.044. The department of mental retardation and
developmental disabilities shall determine whether county boards
of mental retardation and developmental disabilities are in
compliance
with section 5126.046 of the Revised Code. The
department shall
provide assistance to an individual with mental
retardation or
other developmental disability who requests
assistance with the
individual's right under section 5126.046 of
the Revised Code to
choose a provider of habilitation, vocational,
community
employment, residential, or supported living services
if
the
department is notified of a county board's alleged
violation
of
the individual's right to choose such a provider.
Sec. 5123.046. The department of mental retardation and
developmental disabilities shall review each
component of the
three-calendar-year plan it receives from
a county board of mental
retardation and developmental
disabilities under section 5126.054
of the Revised Code and, in
consultation with the department of
job and family services and
office of budget and management,
approve each
component that includes
all the information and
conditions specified in that section.
The third component
of
the
plan shall be approved or disapproved not later than
forty-five
days after the
third
component is submitted to
the
department.
If
the department approves
all three components
of the plan, the
plan
is approved. Otherwise,
the plan is
disapproved. If the plan
is
disapproved, the
department shall take
action
against the
county
board under
division (B) of section
5126.056 of
the
Revised Code.
In approving plans under this section, the department
shall
ensure that the aggregate of all plans provide for the
increased
enrollment into home and community-based services during
each
state fiscal year of at least five hundred individuals who
did not
receive residential services, supported living, or home
and
community-based services the prior state fiscal year if the
department has enough additional enrollment available for this
purpose.
The department shall establish protocols
that the department
shall use to determine whether a county board
is complying with
the programmatic and financial accountability mechanisms and
achieving outcomes
specified in its approved plan. If the
department
determines that a
county board is not in compliance
with the
mechanisms or achieving the outcomes specified in its
approved
plan, the department
may take action under division (F)
of
section 5126.055 of the Revised Code.
Sec. 5123.047. The department of mental retardation and
developmental disabilities shall pay the nonfederal share of
medicaid expenditures for medicaid case management services and
home and community-based services for which no county
board of
mental retardation and developmental disabilities is
required by
section 5126.059 or
5126.0510 of the Revised Code to
pay.
Sec. 5123.048. The director of mental retardation and
developmental disabilities may enter into an agreement with a
county board of mental retardation and developmental disabilities
under which the department of mental retardation and developmental
disabilities is to pay the nonfederal share of medicaid
expenditures for one or more of the home and community-based
services that the
county board would, if not for the agreement,
be required by
section 5126.0510 of the Revised Code to pay. The
agreement shall
specify which home and community-based services
the agreement
covers. The department shall pay the nonfederal
share of medicaid
expenditures for the home and community-based
services that the
agreement covers as long as the agreement is in
effect.
Sec. 5123.049. The director of mental retardation and
developmental disabilities shall adopt rules in accordance with
Chapter 119. of the Revised Code governing the authorization and
payment of home and community-based services and medicaid case
management services. The rules
shall provide for private providers
of the services to receive one
hundred per cent of the medicaid
allowable payment amount and for
government providers of the
services to receive the federal share
of the medicaid allowable
payment, less the amount withheld as a
fee under section 5123.0412
of the Revised Code and any amount
that may be required by rules
adopted under section 5123.0413 of
the Revised Code to be
deposited into the state MR/DD risk fund.
The
rules shall
establish the process by which county boards of
mental
retardation
and developmental disabilities shall certify
and
provide the
nonfederal share of medicaid expenditures that the
county board is
required by sections 5126.059 and
5126.0510 of
the Revised Code
to pay. The process shall require a
county board
to certify that
the county board has funding
available at one time
for two months
costs for those expenditures.
The process may
permit a county
board to certify that the county
board has funding
available at
one time for more than two months
costs for those
expenditures.
Sec. 5123.0411. The department of mental retardation and
developmental disabilities may bring a mandamus action against a
county board of mental retardation and developmental disabilities
that fails to pay the nonfederal share of medicaid expenditures
that the county board is required by sections 5126.059 and
5126.0510 of the Revised Code to
pay. The department may
bring
the
mandamus action in the court of
common pleas of the
county
served
by the county board or in the
Franklin county court
of
common
pleas.
Sec. 5123.0412. (A) The
department of mental retardation
and
developmental disabilities shall charge each county board of
mental retardation
and developmental disabilities an annual fee
equal to one and one-half per cent of the
total value of all
medicaid paid
claims for
home and
community-based services
provided during the year to an
individual eligible for services
from the county board. No county
board shall pass the cost of a
fee
charged to the county board
under this section on to another
provider of these services.
(B) The fees collected under this section
shall be
deposited
into the ODMR/DD administration and oversight fund and
the
ODJFS
administration and oversight fund, both of which are
hereby
created
in the state treasury. The portion of the fees to
be
deposited into the ODMR/DD administration and oversight fund
and
the portion of the fees to be deposited into the ODJFS
administration and oversight fund shall be the portion specified
in an interagency agreement entered into under division (C) of
this section. The department of mental retardation and
developmental disabilities shall use the money in the ODMR/DD
administration and oversight fund and the department of job and
family services shall use the money in the ODJFS administration
and oversight fund for both of the following purposes:
(1) The administrative and oversight costs of medicaid case
management services and home and
community-based services. The
administrative and
oversight costs shall include costs for staff,
systems, and other
resources the departments need and dedicate
solely to the
following duties associated with the services:
(a) Eligibility determinations;
(e) Quality assurance oversight;
(f) Other duties the departments identify.
(2) Providing technical support to county boards' local
administrative authority under section 5126.055 of the Revised
Code for the services.
(C) The departments of mental retardation and developmental
disabilities and job and family services shall enter into an
interagency agreement to do both of the following:
(1) Specify which portion of the fees collected under this
section is to be deposited into the ODMR/DD administration and
oversight fund and which portion is to be deposited
into the
ODJFS
administration and oversight fund;
(2) Provide
for the departments to coordinate
the staff
whose
costs are paid for with money in the ODMR/DD
administration
and
oversight fund and the ODJFS administration and
oversight
fund.
(D) The departments shall submit an annual report to the
director of budget and management certifying how the departments
spent the money in the ODMR/DD administration and oversight fund
and the ODJFS administration and oversight fund for the purposes
specified in division (B) of this section.
Sec. 5123.0413. (A) The department of mental retardation and
developmental disabilities, in consultation with the department of
job and family services, office of budget and management, and
county boards of mental retardation
and developmental
disabilities, shall adopt rules in accordance with Chapter 119. of
the Revised Code no later than January 1, 2002, establishing a
method of paying for
extraordinary costs, including extraordinary
costs for services to
individuals with mental retardation or other
developmental
disability, and ensure the availability of adequate
funds in the
event a county property tax levy for services for
individuals with
mental retardation or other developmental
disability fails. The rules may provide for using and managing
either
or both of the following:
(1) A state MR/DD risk fund, which is hereby created in the
state treasury;
(2) A state insurance against MR/DD risk fund, which is
hereby created in the state treasury.
(B) Beginning January 1, 2002, the department of job and
family services may not request approval from the United States
secretary of health and human services to increase the number of
slots for home and community-based services until the rules
required by division (A) of this section are in effect.
Sec. 5123.0416. (A) Subject to the availability of funds
appropriated to the department of mental retardation and
developmental disabilities for medicaid waiver state match, the
department shall expend, in fiscal year 2009 and each fiscal year
thereafter, not less than the amount appropriated in appropriation
item 322-416, medicaid waiver – state match, in fiscal year 2008
to do both of the following:
(1) Pay the nonfederal share of medicaid expenditures for
home and community-based services that section 5123.047 of the
Revised Code requires the department to pay;
(2) Assist county boards of mental retardation and
developmental disabilities in paying the nonfederal share of
medicaid expenditures for home and community-based services that
section 5126.0510 of the Revised Code requires county boards to
pay.
(B) The department shall make the expenditures required by
division (A)(2) of this section in the form of allocations to
county boards or by other means. If the department makes the
expenditures in the form of allocations, the process for making
the allocations shall conform to a process the department shall
establish after consulting with representatives of county boards.
Sec. 5123.081. (A) As used in this section:
(1) "Applicant" means a person who is under final
consideration
for appointment to or employment with the department
of mental
retardation and developmental disabilities, including,
but not limited to, a
person who is being transferred to the
department and an employee who is being
recalled or reemployed
after a layoff.
(2) "Criminal records check" has the same meaning as in
section
109.572 of the Revised Code.
(3) "Minor drug possession offense" has the same meaning as
in
section 2925.01 of the Revised Code.
(B) The director of mental retardation and developmental
disabilities shall request the superintendent of the bureau of
criminal
identification and investigation to conduct a criminal
records check with respect to each applicant, except that the
director is not required to request a criminal records check for
an employee of the department who is being considered for a
different position or is returning after a leave of absence or
seasonal break in employment, as long as the director has no
reason to believe that the employee has committed any of the
offenses
listed or described in division (E) of this section.
If the applicant does not present proof that the applicant
has
been a resident of this state for the five-year period
immediately
prior to the date upon which the criminal records
check is
requested, the director shall request that the
superintendent of
the bureau obtain information from the federal
bureau of
investigation as a part of the criminal records check
for the
applicant. If the applicant presents proof that the
applicant has
been a resident of this state for that five-year
period, the
director may request that the superintendent of the
bureau include
information from the federal bureau of
investigation in the
criminal records check. For purposes of this
division, an
applicant may provide proof of residency in this
state by
presenting, with a notarized statement asserting that the
applicant has been a resident of this state for that five-year
period, a valid driver's license, notification of registration as
an elector, a copy of an officially filed federal or state tax
form identifying the applicant's permanent residence, or any other
document the director considers acceptable.
(C) The director shall provide to each applicant a copy of
the
form prescribed pursuant to division (C)(1) of section 109.572
of
the Revised Code, provide to each applicant a standard
impression sheet to
obtain fingerprint impressions prescribed
pursuant to division (C)(2)
of section 109.572 of the Revised
Code, obtain the
completed form and
impression sheet from each
applicant, and forward the
completed form and
impression sheet to
the superintendent of the bureau of criminal
identification and
investigation at the time the criminal records check
is requested.
Any applicant who receives pursuant to this division a copy
of the
form prescribed pursuant to division (C)(1) of section
109.572 of
the Revised Code and a copy of an impression sheet
prescribed
pursuant to division (C)(2) of that section and who is
requested to complete the form and provide a set of fingerprint
impressions
shall complete the form
or provide all the information
necessary to complete the form and shall
provide the material with
the impressions of the applicant's fingerprints. If an applicant,
upon request, fails to provide the information necessary to
complete the form or fails to provide impressions of the
applicant's fingerprints, the director shall not employ the
applicant.
(D) The director may request any other state or federal
agency to
supply the director with a written report regarding the
criminal record of each applicant. With regard to an applicant who
becomes a department employee, if the employee holds an
occupational or professional license or other credentials, the
director may request that the state or federal agency that
regulates the employee's occupation or profession supply the
director with a written report of any information pertaining to
the employee's criminal record that the agency obtains in the
course of conducting an investigation or in the process of
renewing the employee's license or other credentials.
(E) Except as provided in division (K)(2) of this section and
in
rules adopted by the director in accordance with division (M)
of
this section, the director shall not employ a person to fill a
position with the department who has been convicted of or pleaded
guilty to any of the following:
(1) A violation of section 2903.01, 2903.02, 2903.03,
2903.04,
2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2903.341, 2905.01, 2905.02,
2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08,
2907.09, 2907.21, 2907.22,
2907.23, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323,
2911.01, 2911.02, 2911.11, 2911.12,
2919.12, 2919.22, 2919.24,
2919.25, 2923.12, 2923.13, 2923.161,
2925.02, 2925.03, 2925.04,
2925.05, 2925.06, or 3716.11 of the
Revised
Code, a violation of
section 2905.04 of
the Revised Code as it existed prior to July 1,
1996, a violation of section 2919.23 of the Revised Code
that
would have been a violation of section 2905.04 of the Revised
Code
as it
existed prior to July 1, 1996, had the violation occurred
prior to
that date, a violation of section 2925.11 of the Revised
Code that
is not a minor drug possession offense, or felonious
sexual penetration
in violation of former section 2907.12 of the
Revised
Code;
(2) A felony contained in the Revised Code that is not
listed
in
this division, if the felony bears a direct and substantial
relationship
to the duties and responsibilities of the position
being filled;
(3) Any offense contained in the
Revised Code constituting a
misdemeanor of the first degree
on the first offense and a felony
on a subsequent offense, if the offense
bears a direct and
substantial relationship to the position being filled and
the
nature of the services being provided by the department;
(4) A violation of an existing or former municipal ordinance
or
law of this state, any other state, or the United States, if
the offense is substantially equivalent to any of the offenses
listed or
described in division (E)(1), (2), or (3) of this
section.
(F) Prior to employing an applicant, the director shall
require
the applicant to submit a statement with the applicant's
signature attesting
that the applicant has not been convicted of
or
pleaded guilty to any of the offenses listed or described in
division
(E) of
this section. The director also shall require the
applicant to sign an
agreement under which the
applicant agrees to
notify the director within fourteen calendar days if,
while
employed with the department,
the applicant is ever
formally
charged with, convicted of, or pleads guilty to any of the
offenses
listed or described in
division (E) of this section. The
agreement shall inform the
applicant that failure to report formal
charges, a conviction, or a guilty
plea may result in
being
dismissed from employment.
(G) The director shall pay to the bureau of criminal
identification and investigation the fee prescribed pursuant to
division
(C)(3) of section 109.572 of the Revised Code for each
criminal records check requested and conducted pursuant to this
section.
(H)(1) Any report obtained pursuant to this section is not a
public record for purposes of section 149.43 of the Revised Code
and shall not be made available to any person, other than the
applicant who is the subject of the records check or criminal
records
check or the applicant's representative, the department or
its
representative, a county board of mental retardation and
developmental disabilities, and any court, hearing officer, or
other necessary individual involved in a case dealing with the
denial of employment to the applicant or the denial, suspension,
or revocation of a certificate or evidence of registration
under
section 5123.082 of the Revised Code.
(2) An individual for whom the director has obtained reports
under this section may submit a written request to the director to
have
copies of the reports sent to any state agency, entity of
local
government, or private entity. The individual shall specify
in
the request the agencies or entities to which the copies are to
be sent. On
receiving the request, the director shall send copies
of the
reports to the agencies or entities specified.
The director may request that a state agency, entity of local
government, or private entity send copies to the director of any
report
regarding a records check or criminal records check that
the agency or entity
possesses, if the director obtains the
written consent of the
individual who is the subject of the
report.
(I) The director shall request the registrar of motor
vehicles to
supply the director with a certified abstract
regarding the record of
convictions for violations of motor
vehicle laws of each
applicant who will be required by the
applicant's employment to
transport individuals with mental
retardation or a developmental
disability or
to operate the
department's vehicles for any other purpose. For each abstract
provided under this section, the director shall pay the amount
specified in section 4509.05 of the Revised Code.
(J) The director shall provide each applicant with a copy of
any
report or abstract obtained about the applicant under this
section.
(K)(1) The director shall inform each person, at the time of
the
person's initial application for employment, that the person
is required to
provide a set of impressions of the person's
fingerprints and that a criminal records check is required to be
conducted and satisfactorily completed in accordance with section
109.572 of the Revised Code if the person comes under final
consideration for employment as a precondition to employment in a
position.
(2) The director may employ an applicant pending receipt of
reports requested under this section. The director shall
terminate
employment of any such applicant if it is determined
from the
reports that the applicant failed to inform the director
that the
applicant had been convicted of or pleaded guilty to any
of the
offenses listed or described in division (E) of this
section.
(L) The director may charge an applicant a fee for costs the
director incurs in obtaining reports, abstracts, or fingerprint
impressions under this section. A fee charged under this
division
shall not exceed the amount of the fees the director pays under
divisions (G) and (I) of this section. If a fee is charged under
this division, the director shall notify the applicant of the
amount of the
fee at the time of the applicant's initial
application
for employment and that, unless the fee is paid, the
director will
not consider the applicant for employment.
(M) The director shall adopt rules in accordance with
Chapter
119. of the Revised Code to implement this
section, including
rules specifying circumstances under which the director may
employ
a person who has been convicted of or pleaded guilty to an offense
listed or described
in division (E) of this section but who meets
standards in regard
to rehabilitation set by the director.
Sec. 5123.082. (A) The director of mental retardation and
developmental disabilities shall adopt rules in accordance with
Chapter 119. of the Revised Code:
(1) Designating positions of employment for which the
director
determines that certification or evidence of registration
is required as a
condition of employment in the department
of
mental retardation and developmental disabilities, entities that
contract with the department or county boards of mental
retardation and
developmental disabilities to operate programs or
provide services to
persons with mental retardation and
developmental
disabilities,
or other positions of employment in
programs that serve those persons. The rules shall designate the
position of investigative agent, as defined in section 5126.20 of
the Revised Code, as a position for which certification is
required.
(2) Establishing levels of certification or registration for
each
position for which certification or registration is required;
(3) Establishing for each level of each position the
requirements
that must be met to obtain certification or
registration, including standards
regarding education, specialized
training, and experience. The standards
shall take into account
the nature and needs of
persons with mental
retardation or a
developmental disability and the
specialized techniques needed to
serve them.
The requirements for an investigative agent shall be
the same as the certification requirements for an investigative
agent under section 5126.25 of the Revised Code.
(4) Establishing renewal schedules and renewal
requirements
for certification and registration, including standards
regarding
education, specialized
training, and experience. The renewal
requirements for an investigative agent shall be the same as the
renewal requirements for an investigative agent under section
5126.25 of the Revised Code.
(5) Establishing procedures for denial, suspension, and
revocation of a certificate or evidence of registration,
including
appeal procedures;
(6) Establishing other requirements needed to carry out
this
section.
(B) The director shall issue, renew, deny, suspend, or
revoke
a certificate or evidence of registration in
accordance
with rules
adopted under this
section. The director shall deny,
suspend, or
revoke a
certificate or evidence of registration if
the
director
finds, pursuant to an adjudication conducted in
accordance with
Chapter 119. of the Revised Code, that an
applicant for or holder
of a certificate or evidence of
registration is
guilty of
intemperate, immoral, or other conduct
unbecoming to the
applicant's
or holder's position, or is guilty
of incompetence or
negligence within the
scope of the applicant's
or holder's duties.
The director shall deny or
revoke a
certificate or evidence of
registration after the director finds,
pursuant to an adjudication
conducted in accordance with Chapter
119. of the
Revised Code,
that the applicant for or holder of the
certificate or evidence
of
registration has been convicted of or
pleaded guilty to any of the
offenses
listed or described in
division (E) of section 5126.28 of
the Revised
Code, unless the
individual meets standards for
rehabilitation that the director
establishes in
the rules adopted
under that section. Evidence
supporting such allegations
must be
presented to the director in
writing, and the director shall
provide
prompt notice of the
allegations to the person who is the
subject of the
allegations.
A
denial, suspension, or revocation
may
be appealed in accordance
with the procedures established in
rules adopted under this
section.
(C) A person holding a valid certificate or evidence of
registration
under this section on the effective date of any rules
adopted under this
section that increase the certification or
registration standards shall have
the period that the rules
prescribe, but
not less than one year after the
effective date of
the rules, to meet the new standards.
(D) No person shall be employed in a position for which
certification or registration is required under rules adopted
under
this section, unless the person holds a valid certificate or
evidence of
registration for the position.
Sec. 5123.16. (A) As used in sections 5123.16 to 5123.169 of
the Revised Code:
(1) "Provider" means a person or government entity certified
by the director of mental retardation and developmental
disabilities to provide supported living.
(2) "Related party" means any of the following:
(a) In the case of a provider who is an individual, any of
the following:
(i) The spouse of the provider;
(ii) A parent or stepparent of the provider or provider's
spouse;
(iii) A child of the provider or provider's spouse;
(iv) A sibling, half sibling, or stepsibling of the provider
or provider's spouse;
(v) A grandparent of the provider or provider's spouse;
(vi) A grandchild of the provider or provider's spouse;
(vii) An employee or employer of the provider or provider's
spouse.
(b) In the case of a provider that is a person other than an
individual, any of the following:
(i) An employee of the person;
(ii) An officer of the provider, including the chief
executive officer, president, vice-president, secretary, and
treasurer;
(iii) A member of the provider's board of directors or
trustees;
(iv) A person owning a financial interest of five per cent or
more in the provider;
(v) A corporation that has a subsidiary relationship with the
provider;
(vi) A person or government entity that has control over the
provider's day-to-day operation;
(vii) A person over which the provider has control of the
day-to-day operation.
(c) In the case of a provider that is a government entity,
any of the following:
(i) An employee of the provider;
(ii) An officer of the provider;
(iii) A member of the provider's governing board;
(iv) A government entity that has control over the provider's
day-to-day operation;
(v) A person or government entity over which the provider has
control of the day-to-day operation.
(B) No person or government entity may provide supported
living without a valid supported living certificate issued by the
director of mental retardation and developmental disabilities.
(C) A county board of mental retardation and developmental
disabilities may provide supported living only to the extent
permitted by rules adopted under section 5123.169 of the Revised
Code.
Sec. 5123.166. (A) If good cause exists as specified in
division (B) of this section and determined in accordance with
procedures established in rules adopted under section 5123.169 of
the Revised Code, the director of mental retardation and
developmental disabilities may issue an adjudication order
requiring that one of the following actions be taken against a
person or government entity seeking or holding a supported living
certificate:
(1) Refusal to issue or renew a supported living certificate;
(2) Revocation of a supported living certificate;
(3) Suspension of a supported living certificate holder's
authority to do either or both of the following:
(a) Continue to provide supported living to one or more
individuals from one or more counties who receive supported living
from the certificate holder at the time the director takes the
action;
(b) Begin to provide supported living to one or more
individuals from one or more counties who do not receive supported
living from the certificate holder at the time the director takes
the action.
(B) The following constitute good cause for taking action
under division (A) of this section against a person or government
entity seeking or holding a supported living certificate:
(1) The person or government entity's failure to meet or
continue to meet the applicable certification standards
established in rules adopted under section 5123.169 of the Revised
Code;
(2) The person or government entity violates section 5123.165
of the Revised Code;
(3) The person or government entity's failure to satisfy the
requirements of section 5123.52, 5126.28, or 5126.281 of the
Revised Code;
(7) Confirmed abuse or neglect;
(8) Financial irresponsibility;
(9) Other conduct the director determines is or would be
injurious to individuals who receive or would receive supported
living from the person or government entity.
(C) Except as provided in division (D) of this section, the
director shall issue an adjudication order under division (A) of
this section in accordance with Chapter 119. of the Revised Code.
(D)(1) The director may issue an order requiring that action
specified in division (A)(3) of this section be taken before a
provider is provided notice and an opportunity for a hearing if
all of the following are the case:
(a) The director determines such action is warranted by the
provider's failure to continue to meet the applicable
certification standards;
(b) The director determines that the failure either
represents a pattern of serious noncompliance or creates a
substantial risk to the health or safety of an individual who
receives or would receive supported living from the provider;
(c) If the order will suspend the provider's authority to
continue to provide supported living to an individual who receives
supported living from the provider at the time the director issues
the order, both of the following are the case:
(i) The director makes the individual, or the individual's
guardian, aware of the director's determination under division
(D)(1)(b) of this section and the individual or guardian does not
select another provider.
(ii) A county board of mental retardation and developmental
disabilities has filed a complaint with a probate court under
section 5123.33 of the Revised Code that includes facts describing
the nature of abuse or neglect that the individual has suffered
due to the provider's actions that are the basis for the director
making the determination under division (D)(1)(b) of this section
and the probate court does not issue an order authorizing the
county board to arrange services for the individual pursuant to an
individualized service plan developed for the individual under
section 5123.31 of the Revised Code.
(2) If the director issues an order under division (D)(1) of
this section, sections 119.091 to 119.13 of the Revised Code and
all of the following apply:
(a) The director shall send the provider notice of the order
by registered mail, return receipt requested, not later than
twenty-four hours after issuing the order and shall include in the
notice the reasons for the order, the citation to the law or rule
directly involved, and a statement that the provider will be
afforded a hearing if the provider requests it within ten days of
the time of receiving the notice.
(b) If the provider requests a hearing within the required
time and the provider has provided the director the provider's
current address, the director shall immediately set, and notify
the provider of, the date, time, and place for the hearing.
(c) The date of the hearing shall be not later than thirty
days after the director receives the provider's timely request for
the hearing.
(d) The hearing shall be conducted in accordance with section
119.09 of the Revised Code, except for all of the following:
(i) The hearing shall continue uninterrupted until its close,
except for weekends, legal holidays, and other interruptions the
provider and director agree to.
(ii) If the director appoints a referee or examiner to
conduct the hearing, the referee or examiner, not later than ten
days after the date the referee or examiner receives a transcript
of the testimony and evidence presented at the hearing or, if the
referee or examiner does not receive the transcript or no such
transcript is made, the date that the referee or examiner closes
the record of the hearing, shall submit to the director a written
report setting forth the referee or examiner's findings of fact
and conclusions of law and a recommendation of the action the
director should take.
(iii) The provider may, not later than five days after the
date the director, in accordance with section 119.09 of the
Revised Code, sends the provider or the provider's attorney or
other representative of record a copy of the referee or examiner's
report and recommendation, file with the director written
objections to the report and recommendation.
(iv) The director shall approve, modify, or disapprove the
referee or examiner's report and recommendation not earlier than
six days, and not later than fifteen days, after the date the
director, in accordance with section 119.09 of the Revised Code,
sends a copy of the report and recommendation to the provider or
the provider's attorney or other representative of record.
(3) The director may lift an order issued under division
(D)(1) of this section even though a hearing regarding the order
is occurring or pending if the director determines that the
provider has taken action eliminating the good cause for issuing
the order. The hearing shall proceed unless the provider withdraws
the request for the hearing in a written letter to the director.
(4) The director shall lift an order issued under division
(D)(1) of this section if both of the following are the case:
(a) The provider provides the director a plan of compliance
the director determines is acceptable.
(b) The director determines that the provider has implemented
the plan of compliance correctly.
Sec. 5123.169. The director of mental retardation and
developmental disabilities shall adopt rules under Chapter 119. of
the Revised Code establishing all of the following:
(A) The extent to which a county board of mental retardation
and developmental disabilities may provide supported living;
(B) The application process for obtaining a supported living
certificate under section 5123.161 of the Revised Code;
(C) The certification standards a person or government entity
must meet to obtain a supported living certificate to provide
supported living;
(D) The certification fee for a supported living certificate,
which shall be deposited into the program fee fund created under
section 5123.033 of the Revised Code;
(E) The period of time a supported living certificate is
valid;
(F) The process for renewing a supported living certificate
under section 5123.164 of the Revised Code;
(G) The renewal fee for a supported living certificate, which
shall be deposited into the program fee fund created under section
5123.033 of the Revised Code;
(H) Procedures for conducting surveys under section 5123.162
of the Revised Code;
(I) Procedures for determining whether there is good cause to
take action under section 5123.166 of the Revised Code against a
person or government entity seeking or holding a supported living
certificate.
Sec. 5123.171. As used in this section, "respite care"
means
appropriate, short-term, temporary care provided to a
mentally
retarded or developmentally disabled person to sustain
the family
structure or to meet planned or emergency needs of the
family.
The department of mental retardation and developmental
disabilities shall provide respite care services to persons with
mental retardation or a developmental disability for the purpose
of promoting self-sufficiency and normalization, preventing or
reducing inappropriate institutional care, and furthering the
unity of the family by enabling the family to meet the special
needs of a mentally retarded or developmentally disabled person.
In order to be eligible for respite care services under
this
section, the mentally retarded or developmentally disabled
person
must be in need of habilitation services as defined in
section
5126.01 of the Revised Code.
Respite care may be provided in a facility licensed under
section 5123.19 of the Revised Code or certified as an
intermediate care facility for the mentally retarded under Title
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.
301, as amended, or certified as a respite care home under
section
5126.05 of the Revised Code.
The department shall develop a system for locating vacant
beds that are available for respite care and for making
information on vacant beds available to users of respite care
services. Facilities certified as intermediate care facilities
for
the mentally retarded and facilities holding contracts with
the
department for the provision of residential services under
section
5123.18 of the Revised Code shall report vacant beds to
the
department but shall not be required to accept respite care
clients.
The director of mental retardation and developmental
disabilities shall adopt, and may amend or rescind, rules in
accordance with Chapter 119. of the Revised Code for both of the
following:
(A) Certification by county boards of mental retardation
and
developmental disabilities of respite care homes;
(B) Provision of respite care services authorized by this
section. Rules adopted under this division shall establish all
of
the following:
(1) A formula for distributing funds appropriated for
respite
care services;
(2) Standards for supervision, training and quality
control
in the provision of respite care services;
(3) Eligibility criteria for emergency respite care
services.
Sec. 5123.172. (A) As used in this section:
(1) "Provider" means any person or government agency
that
owns, operates, manages, or is employed or under contract to
operate a residential facility licensed under section 5123.19 of
the Revised Code.
(2) "Related to a provider" means that a person or
government
agency is affiliated with a provider, has control
over the
provider or is controlled by the provider, or is a
member of the
provider's family.
(3) "Member of the provider's family" means the provider's
spouse, natural or adoptive parent, stepparent, natural or
adoptive child, stepchild, sibling, stepsister, stepbrother,
half-brother, half-sister, daughter-in-law, son-in-law,
brother-in-law, sister-in-law, grandparent, or grandchild.
(B) Prior to entering into a contract with the department
of
mental retardation and developmental disabilities under
section
5123.18 of the Revised Code and as required thereafter,
every
provider holding or negotiating a contract with the
department
shall report upon the request of the department, in
the form and
on the schedule established in rules adopted by the
department in
accordance with Chapter 119. of the Revised Code,
the following
information:
(1) The name and address of every person holding a
financial
interest of five per cent or more in the management or
operation
of the residential facility;
(2) The names and addresses of members of the board of
trustees or directors of the residential facility or of the
management contractor;
(3) Every contract or business transaction between the
provider and any person or government agency related to the
provider if such contract or transaction would affect rates of
payment under section 5123.18 of the Revised Code.
(C) The department shall make reports filed under division
(B) of this section available to the appropriate county board of
mental retardation and developmental disabilities and any other
appropriate public agencies.
(D) Any provider who fails to comply with reporting
requirements of this section shall be subject to a civil
penalty
not to exceed one thousand dollars for each violation and
to
possible license revocation.
Sec. 5123.18. (A) As used in this section:
(1) "Contractor" means a person or government agency that
enters into a contract with the department of mental retardation
and developmental disabilities under this section.
(2) "Government agency" means a state agency as defined in
section 117.01 of the Revised Code or a similar agency of a
political subdivision of the state.
(3) "Residential services" means the services necessary
for
an individual with mental retardation or a developmental
disability to live in the community, including room and board,
clothing, transportation, personal care, habilitation,
supervision, and any other services the department considers
necessary for the individual to live in the community.
(B)(1) The department of mental retardation and
developmental
disabilities may enter into a contract with a
person or government
agency to provide residential services to
individuals with mental
retardation or developmental disabilities
in need of residential
services. Contracts for residential
services shall be of the
following types:
(a) Companion home contracts - contracts under which the
contractor is an individual, the individual is the primary
caregiver, and the individual owns or leases and resides in the
home in which the services are provided.
(b) Agency-operated companion home contracts - contracts
under which the contractor subcontracts, for purposes of
coordinating the provision of residential services, with one or
more individuals who are primary caregivers and own or lease and
reside in the homes in which the services are provided.
(c) Community home contracts - contracts for residential
services under which the contractor owns or operates a home that
is used solely to provide residential services.
(d) Combined agency-operated companion home and community
home contracts.
(2) A companion home contract shall cover not more than
one
home. An agency-operated companion home contract or a
community
home contract may cover more than one home.
(C) Contracts shall be in writing and shall provide for
payment to be made to the contractor at the times agreed to by
the
department and the contractor. Each contract shall specify
the
period during which it is valid, the amount to be paid for
residential services, and the number of individuals for whom
payment will be made. Contracts may be renewed.
(D) To be eligible to enter into a contract with the
department under
this section, the person or government agency and
the home in which
the residential services are provided must meet
all applicable
standards for licensing or certification by the
appropriate
government agency. In addition, if the residential
facility is
operated as a nonprofit entity, the members of the
board of
trustees or board of directors of the facility must not
have a
financial interest in or receive financial benefit from the
facility, other than reimbursement for actual expenses incurred
in
attending board meetings.
(E)(1) The department shall determine the payment amount
assigned to an initial contract. To the extent that the
department
determines sufficient funds are available, the payment
amount
assigned to an initial contract shall be equal to the
average
amount assigned to contracts for other homes that are of
the same
type and size and serve individuals with similar needs,
except
that if an initial contract is the result of a change of
contractor or ownership, the payment amount assigned to the
contract shall be the lesser of the amount assigned to the
previous contract or the contract's total adjusted predicted
funding need calculated under division (I) of this section.
(2) A renewed contract shall be assigned a payment amount
in
accordance with division (K) of this section.
(3) When a contractor relocates a home to another site at
which residential services are provided to the same individuals,
the payment amount assigned to the contract for the new home
shall
be the payment amount assigned to the contract at the
previous
location.
(F)(1) Annually, a contractor shall complete an assessment
of
each individual to whom the contractor provides residential
services to predict the individual's need for routine direct
services staff. The department shall establish by rule adopted
in
accordance with Chapter 119. of the Revised Code the
assessment
instrument to be used by contractors to make
assessments.
Assessments shall be submitted to the department
not later than
the thirty-first day of January of each year.
A contractor shall submit a revised assessment for an
individual if there is a substantial, long-term change in the
nature of the individual's needs. A contractor shall submit
revised assessments for all individuals receiving residential
services if there is a change in the composition of the home's
residents.
(2) Annually, a contractor shall submit a cost report to
the
department specifying the costs incurred in providing
residential
services during the immediately preceding calendar
year. Only
costs actually incurred by a contractor shall be
reported on a
cost report. Cost reports shall be prepared
according to a uniform
chart of accounts approved by the
department and shall be
submitted on forms prescribed by the
department.
(3) The department shall not renew the contract held by a
contractor who fails to submit the assessments or cost reports
required under this division.
(4) The department shall adopt rules as necessary
regarding
the submission of assessments and cost reports under
this
division. The rules shall be adopted in accordance with
Chapter
119. of the Revised Code.
(G) Prior to renewing a contract entered into under this
section, the department shall compute the contract's total
predicted funding need and total adjusted predicted funding need.
The department shall also compute the contract's unmet funding
need if the payment amount assigned to the contract is less than
the total adjusted predicted funding need. The results of these
calculations shall be used to determine the payment amount
assigned to the renewed contract.
(H)(1) A contract's total predicted funding need is an
amount
equal to the sum of the predicted funding needs for the
following
cost categories:
(a) Routine direct services staff;
(b) Dietary, program supplies, and specialized staff;
(c) Facility and general services;
(2) Based on the assessments submitted by the contractor,
the
department shall compute the contract's predicted funding
need for
the routine direct services staff cost category by
multiplying the
number of direct services staff predicted to be
necessary for the
home by the sum of the following:
(a) Entry level wages paid during the immediately
preceding
cost reporting period to comparable staff employed by
the county
board of mental retardation and developmental
disabilities of the
county in which the home is located;
(b) Fringe benefits and payroll taxes as determined by the
department using state civil service statistics from the same
period as the cost reporting period.
(3) The department shall establish by rule adopted in
accordance with Chapter 119. of the Revised Code the method to be
used to compute the predicted funding need for the dietary,
program supplies, and specialized staff cost category; the
facility and general services cost category; and the
administration cost category. The rules shall not establish a
maximum amount that may be attributed to the dietary, program
supplies, and specialized staff cost category. The rules shall
establish a process for determining the combined maximum amount
that may be attributed to the facility and general services cost
category and the administration cost category.
(I)(1) A contract's total adjusted predicted funding need
is
the contract's total predicted funding need with adjustments
made
for the following:
(a) Inflation, as provided under division (I)(2) of this
section;
(b) The predicted cost of complying with new requirements
established under federal or state law that were not taken into
consideration when the total predicted funding need was computed;
(c) Changes in needs based on revised assessments
submitted
by the contractor.
(2) In adjusting the total predicted funding need for
inflation, the department shall use either the consumer price
index compound annual inflation rate calculated by the United
States department of labor for all items or another index or
measurement of inflation designated in rules that the department
shall adopt in accordance with Chapter 119. of the Revised Code.
When a contract is being renewed for the first time, and
the
contract is to begin on the first day of July, the inflation
adjustment applied to the contract's total predicted funding need
shall be the estimated rate of inflation for the calendar year in
which the contract is renewed. If the consumer price index is
being used, the department shall base its estimate on the rate of
inflation calculated for the three-month period ending the
thirty-first day of March of that calendar year. If another
index
or measurement is being used, the department shall base its
estimate on the most recent calculations of the rate of inflation
available under the index or measurement. Each year thereafter,
the inflation adjustment shall be estimated in the same manner,
except that if the estimated rate of inflation for a year is
different from the actual rate of inflation for that year, the
difference shall be added to or subtracted from the rate of
inflation estimated for the next succeeding year.
If a contract begins at any time other than July first, the
inflation adjustment applied to the contract's total predicted
funding need shall be determined by a method comparable to that
used for contracts beginning July first. The department shall
adopt rules in accordance with Chapter 119. of the Revised Code
establishing the method to be used.
(J) A contract's unmet funding need is the difference
between
the payment amount assigned to the contract and the total
adjusted
predicted funding need, if the payment amount assigned
is less
than the total adjusted predicted funding need.
(K) The payment amount to be assigned to a contract being
renewed shall be determined by comparing the total adjusted
predicted funding need with the payment amount assigned to the
current contract.
(1) If the payment amount assigned to the current contract
equals or exceeds the total adjusted predicted funding need, the
payment amount assigned to the renewed contract shall be the same
as that assigned to the current contract, unless a reduction is
made pursuant to division (L) of this section.
(2) If the payment amount assigned to the current contract
is
less than the total adjusted predicted funding need, the
payment
amount assigned to the renewed contract shall be
increased if the
department determines that funds are available
for such increases.
The amount of a contract's increase shall be
the same percentage
of the available funds that the contract's
unmet funding need is
of the total of the unmet funding need for
all contracts.
(L) When renewing a contract provided for in division (B)
of
this section other than a companion home contract, the
department
may reduce the payment amount assigned to a renewed
contract if
the sum of the contractor's allowable reported costs
and the
maximum efficiency incentive is less than ninety-one and
one-half
per cent of the amount received pursuant to this section
during
the immediately preceding contract year.
The department shall adopt rules in accordance with Chapter
119. of the Revised Code establishing a formula to be used in
computing the maximum efficiency incentive, which shall be at
least four per cent of the weighted average payment amount to be
made to all contractors during the contract year. The maximum
efficiency incentive shall be computed annually.
(M) The department may increase the payment amount
assigned
to a contract based on the contract's unmet funding need
at times
other than when the contract is renewed. The department
may
develop policies for determining priorities in making such
increases.
(N)(1) In addition to the contracts provided for in
division
(B) of this section, the department may enter into the
following
contracts:
(a) A contract to pay the cost of beginning operation of a
new home that is to be funded under a companion home contract,
agency-operated companion home contract, community home contract,
or combined agency-operated companion home and community home
contract.
(b) A contract to pay the cost associated with increasing
the
number of individuals served by a home funded under a
companion
home contract, agency-operated companion home contract,
community
home contract, or combined agency-operated companion
home and
community home contract.
(2) The department shall adopt rules as necessary
regarding
contracts entered into under this division. The rules
shall be
adopted in accordance with Chapter 119. of the Revised
Code.
(O) Except for companion home contracts, the department
shall
conduct a reconciliation of the amount earned under a
contract and
the actual costs incurred by the contractor. An
amount is
considered to have been earned for delivering a service
at the
time the service is delivered. The department shall adopt
rules in
accordance with Chapter 119. of the Revised Code
establishing
procedures for conducting reconciliations.
A reconciliation shall be based on the annual cost report
submitted by the contractor. If a reconciliation reveals that a
contractor owes money to the state, the amount owed shall be
collected in accordance with section 5123.051 of the
Revised Code.
When conducting reconciliations, the department shall
review
all reported costs that may be affected by transactions
required
to be reported under division (B)(3) of section 5123.172
of the
Revised Code. If the department determines that such
transactions
have increased the cost reported by a contractor,
the department
may disallow or adjust the cost allowable for
payment. The
department shall adopt rules in accordance with
Chapter 119. of
the Revised Code establishing standards for
disallowances or
adjustments.
(P) The department may audit the contracts it
enters into
under
this section. Audits may be conducted by the department or
an
entity with which the department contracts to perform the
audits.
The department shall adopt rules in accordance with
Chapter 119.
of the Revised Code establishing procedures for
conducting
audits.
An audit may include the examination of a contractor's
financial books and records, the costs incurred by a contractor
in
providing residential services, and any other relevant
information
specified by the department. An audit shall not be
commenced more
than four years after the expiration of the
contract to be
audited, except in cases where the department has
reasonable cause
to believe that a contractor has committed
fraud.
If an audit reveals that a contractor owes money to the
state, the amount owed, subject to an adjudication hearing under
this division, shall be collected in accordance with section
5123.051 of the Revised Code. If an audit reveals
that a
reconciliation conducted under this section resulted in the
contractor erroneously paying money to the state, the department
shall refund the money to the contractor, or, in lieu of making a
refund, the department may offset the erroneous payment against
any money determined as a result of the audit to be owed by the
contractor to the state. The department is not required to pay
interest on any money refunded under this division.
In conducting audits or making determinations of amounts
owed
by a contractor and amounts to be refunded or offset, the
department shall not be bound by the results of reconciliations
conducted under this section, except with regard to cases
involving claims that have been certified pursuant to section
5123.051 of the Revised Code to the attorney general
for
collection for which a full and final settlement has been reached
or a final judgment has been made from which all rights of appeal
have expired or been exhausted.
Not later than ninety days after an audit's completion, the
department shall provide the contractor a copy of a report of the
audit. The report shall state the findings of the audit,
including
the amount of any money the contractor is determined to
owe the
state.
(Q) The department shall adopt rules specifying the amount
that will be allowed under a reconciliation or audit for the cost
incurred by a contractor for compensation of owners,
administrators, and other personnel. The rules shall be adopted
in
accordance with Chapter 119. of the Revised Code.
(R) Each contractor shall, for at least seven years,
maintain
fiscal records related to payments received pursuant to
this
section.
(S) The department may enter into shared funding
agreements
with other government agencies to fund contracts
entered into
under this section. The amount of each agency's
share of the cost
shall be determined through negotiations with
the department. The
department's share shall not exceed the
amount it would have paid
without entering into the shared
funding agreement, nor shall it
be reduced by any amounts
contributed by the other parties to the
agreement.
(T) Except as provided in section 5123.194 of the Revised
Code, an
individual who receives residential services
pursuant to
divisions (A) through (U) of this section
and the individual's
liable
relatives or guardians
shall pay support charges in
accordance with Chapter 5121. of the
Revised Code.
(U) The department may make reimbursements or payments for
any of the following pursuant to rules adopted under this
division:
(1) Unanticipated, nonrecurring costs associated with the
health or habilitation of a person who resides in a home funded
under a contract provided for in division (B) of this section;
(2) The cost of staff development training for contractors
if
the director of mental retardation and developmental
disabilities
has given prior approval for the training;
(3) Fixed costs that the department, pursuant to the
rules,
determines relate to the continued operation of a home
funded
under a contract provided for in division (B) of this
section when
a short term vacancy occurs and the contractor has
diligently
attempted to fill the vacancy.
The department shall adopt rules in accordance with Chapter
119. of the Revised Code establishing standards for use in
determining which costs it may make payment or reimbursements for
under this division.
(V) In addition to the rules required or authorized to be
adopted under this section, the department may adopt any other
rules necessary to implement divisions (A) through (U)
of this
section. The rules shall be
adopted in accordance with Chapter
119. of the Revised Code.
(W) The department may delegate to county boards of
mental
retardation and developmental disabilities its authority under
this
section to negotiate and enter into
contracts or subcontracts
for residential services.
In the
event that it elects to
delegate
its authority, the department shall adopt
rules in accordance with
Chapter 119. of the
Revised Code
for the boards' administration of
the contracts or subcontracts. In
administering the contracts or
subcontracts, the boards shall be subject to
all applicable
provisions of Chapter 5126. of the
Revised Code
and shall not be
subject to the provisions of divisions
(A) to (V) of
this section.
Subject to the department's rules, a board may require
the
following to contribute to the cost of the residential
services an
individual receives pursuant to this division: the
individual or
the individual's estate, the individual's spouse,
the individual's
guardian, and, if the individual is under age
eighteen, either or
both of the individual's parents. Chapter
5121. of the Revised
Code shall not apply to
individuals or entities that are subject
to making contributions
under this division. In calculating
contributions to be made
under this division, a board, subject to
the department's rules,
may allow an amount to be kept for meeting
the personal needs of
the individual who receives residential
services.
Sec. 5123.19. (A) As used in this section and in
sections
5123.191, 5123.194, 5123.196, 5123.198, and 5123.20 of the
Revised
Code:
(1)(a) "Residential facility" means a home or facility in
which
a mentally retarded or developmentally disabled person
resides,
except the home of a relative or legal guardian in which
a
mentally retarded or developmentally disabled person resides, a
respite care home certified under section 5126.05 of the Revised
Code, a county home or district home operated pursuant to Chapter
5155. of the Revised Code, or a dwelling in which the only
mentally
retarded or developmentally disabled residents are in an
independent living arrangement or are being provided supported
living.
(b) "Intermediate care facility for the mentally retarded"
means a residential facility that is considered an intermediate
care facility for the mentally retarded for the purposes of
Chapter 5111. of the Revised Code.
(2) "Political subdivision" means a municipal corporation,
county, or township.
(3) "Independent living arrangement" means an arrangement
in
which a mentally retarded or developmentally disabled person
resides in an individualized setting chosen by the person or
the
person's
guardian, which is not dedicated principally to the
provision of
residential services for mentally retarded or
developmentally
disabled persons, and for which no financial
support is received
for rendering such service from any
governmental agency by a
provider of residential services.
(4) "Licensee" means the person or government agency that
has
applied for a license to operate a residential facility and
to
which the license was issued under this section.
(5) "Related party" has the same meaning as in section
5123.16 of the Revised Code except that "provider" as used in the
definition of "related party" means a person or government entity
that held or applied for a license to operate a residential
facility, rather than a person or government entity certified to
provide supported living.
(B) Every person or government agency desiring to operate
a
residential facility shall apply for licensure of the facility
to
the director of mental retardation and developmental
disabilities
unless the residential facility is subject to
section 3721.02,
3722.04, 5103.03, or 5119.20 of the Revised
Code. Notwithstanding
Chapter 3721. of the Revised Code, a
nursing home that is
certified as an intermediate care facility
for the mentally
retarded under Title XIX of the "Social Security
Act,"
79 Stat.
286 (1965), 42 U.S.C.A.
1396, as amended, shall
apply
for
licensure of the portion of the home that is certified
as an
intermediate care facility for the mentally retarded.
(C) Subject to section 5123.196 of the Revised Code, the
director of mental retardation and developmental
disabilities
shall license
the operation of
residential facilities.
An
initial
license
shall be issued for a
period
that does not exceed one
year, unless the director denies
the license under division (D) of
this section. A license shall
be renewed for a
period that does
not exceed three years, unless
the director refuses to renew the
license under division (D) of
this section. The director, when
issuing or renewing a license,
shall specify the period for which
the license is being issued or
renewed. A license remains valid
for the length of the licensing
period specified by the director,
unless the
license is
terminated, revoked, or voluntarily
surrendered.
(D) If it is determined that an applicant or licensee
is
not
in compliance with a provision of this chapter that applies to
residential facilities or the rules adopted under
such a
provision,
the director may deny issuance of a license, refuse to
renew a
license, terminate a license, revoke a license, issue an
order for
the suspension of admissions to a facility, issue an
order for the
placement of a monitor at a facility, issue an order
for the
immediate removal of residents, or take any other action
the
director considers necessary consistent with the director's
authority under this chapter regarding residential facilities. In
the director's selection and
administration of the sanction to be
imposed, all of the following
apply:
(1) The director may deny, refuse to renew, or revoke a
license, if the director determines that the applicant or licensee
has demonstrated a pattern of serious noncompliance or that
a
violation creates a substantial risk to the health and safety of
residents of a residential facility.
(2) The director may terminate a license if more than twelve
consecutive months have elapsed since the
residential facility was
last occupied by a resident or a notice
required by division
(K)
of this section is not given.
(3) The director may issue an order for the suspension of
admissions to a facility for any violation that may result in
sanctions under
division (D)(1) of this section and for any other
violation
specified in rules adopted under division (H)(2) of
this
section.
If the suspension of admissions is imposed for a
violation that
may result in sanctions under division (D)(1) of
this section, the
director may impose the suspension before
providing an opportunity for an adjudication under Chapter 119. of
the Revised Code. The
director shall lift an order for the
suspension of admissions
when the director determines that the
violation that formed the basis
for the order has been
corrected.
(4) The director may order the placement of a monitor at a
residential facility for any violation specified in rules adopted
under division (H)(2) of this section. The director shall lift
the
order when the director determines that the violation that
formed
the basis for the order
has been corrected.
(5) If the director determines that two or more residential
facilities owned or operated by the same person or government
entity are not being operated in compliance with a provision of
this chapter that applies to residential facilities or
the rules
adopted under such a provision, and the director's findings are
based
on the same or a substantially similar action, practice,
circumstance, or incident that creates a substantial risk to the
health and safety of the residents, the director shall conduct a
survey as soon as practicable at each residential facility owned
or operated by that person or government entity. The director may
take any action authorized by this section with respect to any
facility found to be operating in violation of a provision of this
chapter that applies to residential facilities or the
rules
adopted under such a provision.
(6) When the director initiates license revocation
proceedings,
no opportunity for submitting a plan of correction
shall be
given.
The director shall notify the licensee by letter
of the
initiation
of the proceedings. The letter shall list the
deficiencies of
the residential facility and inform the licensee
that no plan of
correction will be accepted. The director shall
also
send a copy of the letter to the county board of mental
retardation and developmental disabilities. The county board shall
send a copy of the letter to each of the following:
(a) Each resident who receives services from the licensee;
(b) The guardian of each resident who receives services from
the licensee if the resident has a guardian;
(c) The parent or guardian of each resident who receives
services from the licensee if the resident is a minor.
(7) Pursuant to rules which shall be adopted in
accordance
with
Chapter 119. of the Revised Code, the director may order the
immediate removal of residents from a residential facility
whenever conditions at the facility present an immediate danger
of
physical or psychological harm to the residents.
(8) In determining whether a residential facility is being
operated in compliance with a provision of this chapter that
applies to residential facilities or the rules adopted
under such
a provision, or whether conditions at a residential facility
present
an immediate danger of physical or psychological harm to
the
residents, the director may rely on information obtained by a
county board of mental retardation and developmental disabilities
or other governmental agencies.
(9) In proceedings initiated to deny, refuse to renew, or
revoke licenses, the director may deny, refuse to renew, or revoke
a license
regardless of whether some or all of the deficiencies
that
prompted the proceedings have been corrected at the time of
the
hearing.
(E) The director shall establish a program
under which
public
notification may be made when the director has initiated
license
revocation proceedings or has issued an order for the
suspension
of admissions, placement of a monitor, or removal of
residents.
The director shall adopt rules in accordance with
Chapter 119. of
the Revised Code to
implement this division. The
rules shall
establish the procedures
by which the public
notification will be
made and specify the
circumstances for which
the notification must
be made.
The rules shall require that public
notification be made
if the director
has
taken action against the
facility in the
eighteen-month period
immediately preceding the
director's latest
action against the
facility and the latest
action is being taken
for the same or a
substantially similar
violation of a provision
of this chapter that applies to
residential facilities or the
rules
adopted under such a
provision. The rules shall specify a
method for removing
or
amending the public notification if the
director's action is
found
to have been unjustified or the
violation at the residential
facility has been corrected.
(F)(1) Except as provided in division (F)(2) of this section,
appeals from proceedings initiated to
impose a sanction under
division
(D) of this section shall be
conducted
in
accordance
with
Chapter
119. of the Revised Code.
(2) Appeals from proceedings initiated to order the
suspension
of
admissions to a facility shall be conducted in
accordance with
Chapter 119. of the Revised Code, unless the order
was issued
before providing an opportunity for an adjudication, in
which case
all of the following apply:
(a) The licensee may request a hearing not later than
ten
days after receiving the notice specified in section 119.07 of
the
Revised Code.
(b) If a timely request for a hearing that includes the
licensee's current address is made, the hearing
shall commence not
later than thirty days after the department
receives the request.
(c) After commencing, the hearing shall continue
uninterrupted, except for Saturdays, Sundays, and legal holidays,
unless other interruptions are agreed to by the licensee and
the
director.
(d) If the hearing is conducted by a hearing examiner, the
hearing examiner shall file a report and recommendations not later
than ten days after the last of the following:
(i) The close of the hearing;
(ii) If a transcript of the proceedings is ordered, the
hearing examiner receives the transcript;
(iii) If post-hearing briefs are timely filed, the hearing
examiner receives the briefs.
(e) A copy of the written report and recommendation of the
hearing examiner shall be sent, by certified mail, to the licensee
and the licensee's attorney, if applicable, not later than five
days after the report is filed.
(f) Not later than five days after the hearing examiner
files
the report and recommendations, the licensee may file
objections
to the report and recommendations.
(g) Not later than fifteen days after the hearing examiner
files the report and recommendations, the director shall issue an
order approving, modifying, or disapproving the report and
recommendations.
(h) Notwithstanding the pendency of the hearing, the
director
shall lift the order for the suspension of admissions
when the
director determines that the violation that formed the
basis for
the order has been
corrected.
(G) Neither a person or government agency whose application
for a license to operate a residential facility is denied nor a
related party of the person or government agency may apply for a
license to operate a residential facility before the date that is
one year after the date of the denial. Neither a licensee whose
residential facility license is revoked nor a related party of the
licensee may apply for a residential facility license before the
date that is five years after the date of the revocation.
(H) In accordance with Chapter 119. of the Revised Code, the
director shall adopt and may amend and rescind rules for
licensing
and regulating the operation of residential facilities, including
intermediate care facilities for the mentally retarded. The rules
for intermediate care facilities for the mentally retarded may
differ from those for other residential facilities.
The rules
shall establish
and specify the following:
(1) Procedures
and criteria for issuing
and renewing
licenses, including procedures and criteria for determining the
length of the licensing period that the director must specify for
each license when it is issued or renewed;
(2) Procedures and criteria for denying,
refusing to renew,
terminating,
and revoking
licenses
and for ordering the suspension
of
admissions
to a facility, placement of a monitor
at a facility,
and the
immediate removal of residents from a facility;
(3) Fees for issuing
and renewing licenses, which shall be
deposited into the program fee fund created under section 5123.033
of the Revised Code;
(4) Procedures for
surveying
residential
facilities;
(5) Requirements for the training of residential facility
personnel;
(6) Classifications for the various types of residential
facilities;
(7) Certification procedures for licensees and management
contractors that the director determines are necessary to ensure
that they have the skills and qualifications to properly operate
or manage residential facilities;
(8) The maximum number of persons who may be served in a
particular type of residential facility;
(9) Uniform procedures for admission of persons to and
transfers and discharges of persons from residential facilities;
(10) Other standards for the operation of residential
facilities and the services provided at residential facilities;
(11) Procedures for waiving any provision of any rule
adopted
under this section.
(I) Before issuing a license, the director of the
department
or the director's designee shall conduct
a survey of
the
residential facility for which application is
made. The
director
or the director's designee shall conduct
a
survey of
each
licensed
residential facility at least
once
during the period the
license is valid and may
conduct
additional inspections as needed.
A survey
includes
but is
not limited to an on-site examination and
evaluation of the
residential facility, its personnel, and the
services provided
there.
In conducting
surveys, the director or the
director's
designee
shall be given access to the residential
facility; all
records,
accounts, and any other documents related
to the
operation of the
facility; the licensee; the residents of
the
facility; and all
persons acting on behalf of, under the
control
of, or in
connection with the licensee. The licensee and
all
persons on
behalf of, under the control of, or in connection
with
the
licensee shall cooperate with the director or the
director's
designee in
conducting the
survey.
Following each
survey, unless the director
initiates a
license revocation proceeding, the director or the
director's
designee shall
provide the licensee with a report
listing any
deficiencies,
specifying a timetable within which the
licensee
shall submit a
plan of correction describing how the
deficiencies
will be
corrected, and, when appropriate, specifying
a timetable
within
which the licensee must correct the
deficiencies. After a
plan
of
correction is submitted, the
director or the director's
designee
shall
approve or disapprove
the plan. A copy of the
report and
any
approved plan of
correction shall be provided to
any person
who
requests it.
The director shall
initiate disciplinary action against any
department employee who notifies or causes
the notification to any
unauthorized person of an unannounced
survey of a
residential
facility by an authorized
representative of the
department.
(J) In addition to any other information which may be
required of applicants for
a
license pursuant to this
section,
the
director shall require each applicant
to provide a
copy of an
approved plan for a proposed
residential facility
pursuant to
section 5123.042 of the Revised
Code.
This division does not apply
to renewal of a license.
(K) A licensee shall notify the owner of the
building in
which the licensee's residential facility is located
of any
significant change in the identity of the licensee or
management
contractor before the effective date of the change if
the licensee
is not the owner of the building.
Pursuant to rules which shall
be adopted in
accordance
with
Chapter 119. of the Revised Code,
the director may
require
notification to the department of any
significant change
in the
ownership of a residential facility or
in the identity of
the
licensee or management contractor.
If the director determines that
a
significant
change of
ownership
is proposed, the director shall
consider the
proposed
change to
be
an application for development
by a new
operator
pursuant to
section 5123.042 of the Revised Code
and
shall
advise
the
applicant within sixty days of the
notification
that
the
current
license shall continue in effect or
a new license
will be
required
pursuant to this section.
If the
director requires a new
license,
the director shall permit the
facility to continue to
operate
under the current license until
the new license is issued,
unless
the current license is revoked,
refused to be renewed, or
terminated in accordance with Chapter
119. of the Revised Code.
(L) A county board of mental retardation and
developmental
disabilities, the legal rights service, and any
interested person
may file complaints alleging violations of
statute or department
rule relating to residential facilities with
the department. All
complaints shall be in writing and shall
state the facts
constituting the basis of the allegation. The
department shall
not
reveal the source of any complaint unless the
complainant
agrees
in writing to waive the right to
confidentiality or until
so
ordered by a court of competent
jurisdiction.
The department shall
adopt rules
in accordance with Chapter
119. of the Revised Code establishing
procedures for the receipt,
referral, investigation, and
disposition of complaints filed with
the department under this
division.
(M) The department shall establish procedures for the
notification of interested parties of the transfer or interim
care
of residents from residential facilities that are closing or
are
losing their license.
(N)
Before issuing a license under this section to a
residential facility that will
accommodate at any time
more than
one mentally retarded or developmentally disabled
individual, the
director shall, by first class
mail, notify the following:
(1) If the facility will be located in a municipal
corporation, the clerk of the legislative authority of the
municipal corporation;
(2) If the facility will be located in unincorporated
territory, the clerk of the appropriate board of county
commissioners and the fiscal officer of the appropriate board of
township
trustees.
The director shall
not
issue the license for ten
days
after
mailing the notice, excluding
Saturdays, Sundays, and legal
holidays, in order to give the
notified local officials time in
which to comment on the proposed
issuance.
Any legislative authority of a municipal corporation, board
of county commissioners, or board of township trustees that
receives notice under this division of the proposed issuance of a
license for a residential facility may comment on it in writing
to
the director within ten days after the director mailed the
notice,
excluding Saturdays, Sundays, and legal holidays. If the
director
receives written comments from any notified officials
within the
specified time, the director shall make written
findings
concerning the comments and the director's decision on the
issuance of the
license. If the director does not receive written
comments from
any notified local officials within the specified
time, the
director shall
continue the process for issuance of the
license.
(O) Any person may operate a licensed residential
facility
that provides room and board, personal care, habilitation
services,
and supervision in a family setting for at least six but
not more than eight
persons with mental retardation or a
developmental disability as a
permitted use in any residential
district or zone, including any
single-family residential district
or zone, of any political
subdivision. These residential
facilities may be
required to comply with area,
height, yard, and
architectural compatibility requirements that
are uniformly
imposed upon all single-family residences within
the district or
zone.
(P) Any person may operate a licensed residential
facility
that provides room and board, personal care, habilitation
services,
and supervision in a family setting for at least nine
but not more than
sixteen persons with mental retardation or a
developmental
disability as a
permitted use in any multiple-family
residential district or zone
of any political subdivision, except
that a political subdivision
that has enacted a zoning ordinance
or resolution establishing
planned unit development districts may
exclude these
residential facilities from
those districts, and a
political subdivision that has enacted a
zoning ordinance or
resolution may regulate these
residential facilities in
multiple-family residential districts or zones as a conditionally
permitted use or special exception, in either case, under
reasonable and specific standards and conditions set out in the
zoning ordinance or resolution to:
(1) Require the architectural design and site layout of
the
residential facility and the location, nature, and
height of any
walls,
screens, and fences to be compatible with adjoining land
uses and
the residential character of the neighborhood;
(2) Require compliance with yard, parking, and sign
regulation;
(3) Limit excessive concentration of these residential
facilities.
(Q) This section does not prohibit a political
subdivision
from applying to residential facilities
nondiscriminatory
regulations requiring compliance with health,
fire, and safety
regulations and building standards and
regulations.
(R) Divisions
(O)
and
(P) of this section are not
applicable
to municipal corporations that had in effect on June
15, 1977, an
ordinance specifically permitting in residential
zones licensed
residential facilities by means of permitted uses,
conditional
uses, or special exception, so long as such ordinance
remains in
effect without any substantive modification.
(S)(1) The director may issue an interim license to
operate a
residential facility to an applicant for a license under
this
section if
either of the following
is
the case:
(a) The director determines that an emergency exists
requiring immediate placement of persons in a residential
facility,
that insufficient licensed beds are available, and that
the residential
facility
is likely to receive a
permanent license
under this
section within
thirty
days after issuance of the
interim license.
(b) The director determines that the issuance of an interim
license is necessary to meet a temporary need for a residential
facility.
(2) To be eligible to receive an interim license, an
applicant must meet the same criteria that must be met to receive
a permanent license under this section, except for any differing
procedures and time frames that may apply to issuance of a
permanent license.
(3) An interim license shall be valid for thirty days and
may
be renewed by the director
for a period not
to exceed one hundred
fifty days.
(4) The director shall adopt rules in accordance with
Chapter
119. of the Revised Code as the director considers
necessary to
administer the issuance of interim licenses.
(T) Notwithstanding rules adopted pursuant to this
section
establishing the maximum number of persons who may be
served in a
particular type of residential facility, a residential
facility
shall be permitted to serve the same number of persons
being
served by the facility on the effective date of the rules
or the
number of persons for which the facility is authorized
pursuant
to
a current application for a certificate of need with a
letter
of
support from the department of mental retardation and
developmental disabilities and which is in the review process
prior to April 4, 1986.
(U) The director or the director's designee may enter at
any
time,
for purposes of investigation, any home, facility, or
other
structure that has been reported to the director or that the
director has reasonable cause to believe is being operated as a
residential facility without a license issued under this section.
The director may petition the court of common pleas of the
county in which an unlicensed residential facility is located for
an order enjoining the person or governmental agency operating
the
facility from continuing to operate without a license. The
court
may grant the injunction on a showing that the person or
governmental agency named in the petition is operating a
residential facility without a license. The court may grant the
injunction, regardless of whether the residential facility meets
the requirements for receiving a license under this section.
Sec. 5123.191. (A) The court of common pleas or a judge
thereof in the judge's county, or the probate court, may
appoint a
receiver to take possession of and operate a residential facility
licensed by the department of mental retardation and
developmental
disabilities, in causes pending in such courts
respectively, when
conditions existing at the facility present a
substantial risk of
physical or mental harm to residents and no
other remedies at law
are adequate to protect the health, safety,
and welfare of the
residents. Conditions at the facility that
may present such risk
of harm include, but are not limited to,
instances when any of the
following occur:
(1) The residential facility is in violation of state or
federal law or regulations.
(2) The facility has had its license revoked or procedures
for revocation have been initiated, or the facility is closing or
intends to cease operations.
(3) Arrangements for relocating residents need to be made.
(4) Insolvency of the operator, licensee, or landowner
threatens the operation of the facility.
(5) The facility or operator has demonstrated a pattern
and
practice of repeated violations of state or federal laws or
regulations.
(B) A court in which a petition is filed pursuant to this
section shall notify the person holding the license for the
facility and the department of mental retardation and
developmental disabilities of the filing. The court shall order
the department to notify the legal rights service, facility
owner,
facility operator, county board of mental retardation and
developmental disabilities, facility residents, and residents'
parents and guardians of the filing of the petition.
The court shall provide a hearing on the petition within
five
court days of the time it was filed, except that the court
may
appoint a receiver prior to that time if it determines that
the
circumstances necessitate such action. Following a hearing
on the
petition, and upon a determination that the appointment of
a
receiver is warranted, the court shall appoint a receiver and
notify the department of mental retardation and developmental
disabilities and appropriate persons of this action.
(C) A residential facility for which a receiver has been
named is deemed to be in compliance with section 5123.19 and
Chapter 3721. of the Revised Code for the duration of the
receivership.
(D) When the operating revenue of a residential facility
in
receivership is insufficient to meet its operating expenses,
including the cost of bringing the facility into compliance with
state or federal laws or regulations, the court may order the
state to provide necessary funding, except as provided in
division
(K) of this section. The state shall provide such
funding, subject
to the approval of the controlling board. The
court may also order
the appropriate authorities to expedite all
inspections necessary
for the issuance of licenses or the
certification of a facility,
and order a facility to be closed if
it determines that reasonable
efforts cannot bring the facility
into substantial compliance with
the law.
(E) In establishing a receivership, the court shall set
forth
the powers and duties of the receiver. The court may
generally
authorize the receiver to do all that is prudent and
necessary to
safely and efficiently operate the residential
facility within the
requirements of state and federal law, but
shall require the
receiver to obtain court approval prior to
making any single
expenditure of more than five thousand dollars
to correct
deficiencies in the structure or furnishings of a
facility. The
court shall closely review the conduct of the
receiver it has
appointed and shall require regular and detailed
reports. The
receivership shall be reviewed at least every sixty
days.
(F) A receivership established pursuant to this section
shall
be terminated, following notification of the appropriate
parties
and a hearing, if the court determines either of the
following:
(1) The residential facility has been closed and the
former
residents have been relocated to an appropriate facility.
(2) Circumstances no longer exist at the facility that
present a substantial risk of physical or mental harm to
residents, and there is no deficiency in the facility that is
likely to create a future risk of harm.
Notwithstanding division (F)(2) of this section, the court
shall not terminate a receivership for a residential facility
that
has previously operated under another receivership unless
the
responsibility for the operation of the facility is
transferred to
an operator approved by the court and the
department of mental
retardation and developmental disabilities.
(G) The department of mental retardation and developmental
disabilities may, upon its own initiative or at the request of an
owner, operator, or resident of a residential facility, or at the
request of a resident's guardian or relative, a county board of
mental retardation and developmental disabilities, or the legal
rights service, petition the court to appoint a receiver to take
possession of and operate a residential facility. When the
department has been requested to file a petition by any of the
parties listed above, it shall, within forty-eight hours of such
request, either file such a petition or notify the requesting
party of its decision not to file. If the department refuses to
file, the requesting party may file a petition with the court
requesting the appointment of a receiver to take possession of
and
operate a residential facility.
Petitions filed pursuant to this division shall include the
following:
(1) A description of the specific conditions existing at
the
facility which present a substantial risk of physical or
mental
harm to residents;
(2) A statement of the absence of other adequate remedies
at
law;
(3) The number of individuals residing at the facility;
(4) A statement that the facts have been brought to the
attention of the owner or licensee and that conditions have not
been remedied within a reasonable period of time or that the
conditions, though remedied periodically, habitually exist at the
facility as a pattern or practice;
(5) The name and address of the person holding the license
for the facility and the address of the department of mental
retardation and developmental disabilities.
The court may award to an operator appropriate costs and
expenses, including reasonable attorney's fees, if it determines
that a petitioner has initiated a proceeding in bad faith or
merely for the purpose of harassing or embarrassing the operator.
(H) Except for the department of mental retardation and
developmental disabilities or a county board of mental
retardation
and developmental disabilities, no party or person
interested in
an action shall be appointed a receiver pursuant to
this section.
To assist the court in identifying persons qualified to be
named as receivers, the director of mental retardation and
developmental disabilities or the director's designee shall
maintain a list
of the names of such persons. The director shall,
in accordance
with Chapter 119. of the Revised Code, establish
standards for
evaluating persons desiring to be included on such a
list.
(I) Before a receiver enters upon the duties of that
person,
the receiver must be
sworn to perform the duties of receiver
faithfully,
and, with surety approved
by the court, judge, or
clerk, execute a bond to such person, and
in such sum as the court
or judge directs, to the effect that
such receiver will faithfully
discharge the duties of receiver in
the action, and obey the
orders of the court therein.
(J) Under the control of the appointing court, a
receiver may
bring and defend actions in the receiver's own
name as receiver
and
take and keep possession of property.
The court shall authorize the receiver to do the following:
(1) Collect payment for all goods and services provided to
the residents or others during the period of the receivership at
the same rate as was charged by the licensee at the time the
petition for receivership was filed, unless a different rate is
set by the court;
(2) Honor all leases, mortgages, and secured transactions
governing all buildings, goods, and fixtures of which the
receiver
has taken possession and continues to use, subject to the
following
conditions:
(a) In the case of a rental agreement, only to the extent of
payments that
are for the use of the property during the period of
the
receivership;
(b) In the case of a purchase agreement only to the
extent of
payments that come due during the period of the
receivership;
(c) If the court determines that the cost of the lease,
mortgage, or secured
transaction was increased by a transaction
required to be reported under
division (B)(3) of section 5123.172
of the Revised Code, only to the extent
determined by the court to
be the fair market value for use of the property
during the period
of the receivership.
(3) If transfer of residents is necessary, provide for the
orderly transfer of residents by doing the following:
(a) Cooperating with all appropriate state and local
agencies
in carrying out the transfer of residents to alternative
community
placements;
(b) Providing for the transportation of residents'
belongings
and records;
(c) Helping to locate alternative placements and develop
discharge plans;
(d) Preparing residents for the trauma of discharge;
(e) Permitting residents or guardians to participate in
transfer or discharge planning except when an emergency exists
and
immediate transfer is necessary.
(4) Make periodic reports on the status of the residential
program to the appropriate state agency, county board of mental
retardation and developmental disabilities, parents, guardians,
and residents;
(5) Compromise demands or claims;
(6) Generally do such acts respecting the residential
facility as the court authorizes.
(K) Neither the receiver nor the department of mental
retardation and developmental disabilities is liable for debts
incurred by the owner or operator of a residential facility for
which a receiver has been appointed.
(L) The department of mental retardation and developmental
disabilities may
contract for the operation of a residential
facility in receivership. The
department shall establish the
conditions of a contract. A condition may be
the same as, similar
to, or different from a condition established by section
5123.18
of the Revised Code and the rules adopted under that section for a
contract entered into under that section. Notwithstanding any
other provision
of law, contracts
that are necessary to carry out
the powers and duties of the
receiver need not be competitively
bid.
(M) The department of mental retardation and developmental
disabilities, the department of job and family services, and the
department of health shall provide technical assistance to any
receiver appointed pursuant to this section.
Sec. 5123.211. (A) As used in this section, "residential
services" has the same
meaning as in
section 5126.01 of the
Revised Code.
(B) The department of mental retardation and developmental
disabilities shall provide or arrange provision of residential
services for each person who, on or after July 1, 1989, ceases to
be a resident of a state institution because of closure of the
institution or a reduction in the institution's population by
forty per cent or more within a period of one year. The services
shall be provided in the county in which the person chooses to
reside and shall consist of one of the following as determined
appropriate by the department in consultation with the county
board of mental retardation and developmental disabilities of the
county in which the services are to be provided:
(1) Residential services provided pursuant to section
5123.18
of the Revised Code;
(2) Residential services for which reimbursement is made
under
the medical assistance program established under section
5111.01
of the Revised Code;
(3) Residential services provided in a manner or setting
approved by the director of mental retardation and developmental
disabilities.
(C) Not less than six months prior to closing a state
institution or reducing a state institution's population by forty
per cent or more within a period of one year, the department
shall
identify those counties in which individuals leaving the
institution have chosen to reside and notify the county boards of
mental retardation and developmental disabilities in those
counties of the need to develop the services specified in
division
(B) of this section. The notice shall specify the
number of
individuals requiring services who plan to reside in
the county
and indicate the amount of funds the department will
use to
provide or arrange services for those individuals.
(D) In each county in which one or more persons receive
residential services pursuant to division (B) of this section,
the
department shall provide or arrange provision of residential
services, or shall distribute moneys to the county board of
mental
retardation and developmental disabilities to provide or
arrange
provision of residential services, for an equal number of
persons
with mental retardation or developmental disabilities in
that
county who the county board has determined need residential
services but are not receiving them.
Sec. 5123.351. The director of mental retardation and
developmental disabilities, with respect to the eligibility for
state reimbursement of expenses incurred by facilities and
programs established and operated under Chapter 5126. of the
Revised Code for
persons with mental retardation or a
developmental
disability, shall do all of the following:
(A) Make rules that may be necessary to carry
out the
purposes of Chapter 5126. and sections 5123.35, 5123.351, and
5123.36 of the Revised Code;
(B) Define minimum standards for qualifications of
personnel,
professional services, and in-service training and
educational
leave programs;
(C) Review and evaluate community programs and make
recommendations for needed improvements to county boards of
mental
retardation and developmental disabilities and to program
directors;
(D) Withhold state reimbursement, in whole or in part,
from
any county or combination of counties for failure to comply
with
Chapter 5126. or section 5123.35 or 5123.351 of the Revised
Code
or rules of the department of mental retardation and
developmental
disabilities;
(E) Withhold state funds from an agency, corporation, or
association denying or rendering service on the basis of race,
color, sex, religion, ancestry, national origin, disability
as
defined in section 4112.01 of the Revised Code, or
inability to
pay;
(F) Provide consultative staff service to communities to
assist in ascertaining needs and in planning and establishing
programs.
Sec. 5123.36. (A) To the extent funds are available and
on
application by a county board of mental retardation and
developmental disabilities or private nonprofit
agency
incorporated to provide mental retardation or developmental
disability services, the director of mental retardation and
developmental disabilities may enter into an agreement with the
county board or agency to assist the county board or agency with a
mental retardation or
developmental disability construction
project. Except as provided by division (B) of this section, the
director may provide up to ninety
per cent of the total project
cost where circumstances warrant. The director may, where
circumstances warrant, use
existing facilities or other in-kind
match for the local share of
the communities' share of the cost.
(B) Upon the recommendation of the director, for
projects of
the highest priority of the department of mental retardation
and
developmental disabilities, the controlling board may authorize
the director to provide more than ninety per cent of the total
cost of a project under this section.
(C) A county board is eligible for funds under this
section
for a project bid on or after January 1, 1992, under
either
section 153.07 or 307.86 of the Revised Code, as long as
all other
applicable requirements were followed.
(D) A private nonprofit agency that receives funds pursuant
to this section for the construction of a single-family home,
including, where appropriate, the acquisition and installation of
a single-family home fabricated in an off-site facility, is not
subject to the requirements of Chapter 153. of the Revised Code
with respect to the construction project, notwithstanding any
provision of that chapter to the contrary.
(E) The director may not assist a project under this section
unless the controlling board or director of budget and management
also approves the project pursuant to section 126.14 of the
Revised Code.
Sec. 5123.37. A county board of mental retardation and
developmental disabilities or private, nonprofit agency that
receives state funds pursuant to an agreement with the director of
mental retardation and developmental disabilities under section
5123.36 of the Revised Code to acquire a facility may apply to the
director for approval to sell the facility before the terms of the
agreement expire for the purpose of acquiring a replacement
facility to be used to provide mental retardation or developmental
disability services to individuals the county board or agency
serves. The application shall be made on a form the director shall
prescribe. The county board or agency shall include in the
application the specific purpose for which the replacement
facility is to be used. The director may refuse to approve the
application if the director determines that any of the following
apply:
(A) The application is incomplete or indicates that the
county board or agency is unable to purchase a replacement
facility.
(B) The replacement facility would not be used to continue to
provide mental retardation or developmental disability services
that the director determines are appropriate for the individuals
the county board or agency serves.
(C) The county board or agency has failed to comply with a
provision of Chapter 5123. or 5126. of the Revised Code or a rule
adopted by the director.
(D) Approving the application would be inconsistent with the
plans and priorities of the department of mental retardation and
developmental disabilities.
Sec. 5123.371. If the director of mental retardation and
developmental disabilities approves an application submitted under
section 5123.37 of the Revised Code, the county board of mental
retardation and developmental disabilities or private, nonprofit
agency that submitted the application shall, after selling the
facility for which the county board or agency received approval to
sell, pay to the director the portion of the proceeds that equals
the amount that the director determines the county board or agency
owes the department of mental retardation and developmental
disabilities, including the department's security interest in the
facility, for the state funds used to acquire the facility.
Sec. 5123.372. If the director of mental retardation and
developmental disabilities approves an application submitted under
section 5123.37 of the Revised Code, the director shall establish
a deadline by which the county board of mental retardation and
developmental disabilities or private, nonprofit agency that
submitted the application must notify the director that the county
board or agency is ready to acquire a replacement facility to be
used for the purpose stated in the application. The director may
extend the deadline as many times as the director determines
necessary.
Sec. 5123.373. If, on or before the deadline or, if any, the
last extended deadline established under section 5123.372 of the
Revised Code for a county board of mental retardation and
developmental disabilities or private, nonprofit agency, the
county board or agency notifies the director of mental retardation
and developmental disabilities that the county board or agency is
ready to acquire the replacement facility, the director shall
enter into an agreement with the county board or agency that
provides for the director to pay to the county board or agency a
percentage of the cost of acquiring the replacement facility. The
agreement shall specify the amount that the director shall pay.
The amount may be the amount of the security interest that the
department of mental retardation and developmental disabilities
had in the previous facility or a different amount. The agreement
may provide for the department to hold a security interest in the
replacement facility.
Sec. 5123.374. (A) The director of mental retardation and
developmental disabilities may rescind approval of an application
submitted under section 5123.37 of the Revised Code if either of
the following occurs:
(1) The county board of mental retardation and developmental
disabilities or private, nonprofit agency that submitted the
application fails, on or before the deadline or, if any, the last
extended deadline established under section 5123.372 of the
Revised Code for the county board or agency, to notify the
director that the county board or agency is ready to acquire the
replacement facility.
(2) The county board or agency at any time notifies the
director that the county board or agency no longer intends to
acquire a replacement facility.
(B) If the director rescinds approval of an application, the
director shall use any funds the county board or agency paid to
the director under section 5123.371 of the Revised Code to assist
mental retardation or developmental disabilities construction
projects under section 5123.36 of the Revised Code.
Sec. 5123.375. The MR/DD community capital replacement
facilities fund is hereby created in the state treasury. The
director of mental retardation and developmental disabilities
shall credit all amounts paid to the director under section
5123.371 of the Revised Code to the fund. The director shall use
the money in the fund as follows:
(A) To make payments to county boards of mental retardation
and developmental disabilities and private, nonprofit agencies
pursuant to agreements entered into under section 5123.373 of the
Revised Code;
(B) To provide, pursuant to section 5123.374 of the Revised
Code, assistance for mental retardation or developmental
disabilities construction projects under section 5123.36 of the
Revised Code.
Sec. 5123.38. (A) Except as provided in division (B) and (C)
of this section, if an individual receiving supported living or
home and community-based services funded by a county board of
mental
retardation and developmental disabilities is committed to
a
state-operated intermediate care facility for the mentally
retarded pursuant to sections 5123.71 to 5123.76 of the Revised
Code, the department of mental retardation and developmental
disabilities shall use the funds otherwise allocated to the county
board as the nonfederal share of medicaid expenditures for the
individual's care in the state-operated facility.
(B) Division (A) of this section does not apply if the county
board, not later than ninety days after the date of the commitment
of a person receiving supported services, commences funding of
supported living for an individual who resides in a state-operated
intermediate care facility for the mentally retarded on the date
of the commitment or another eligible individual designated by the
department.
(C) Division (A) of this section does not apply if the county
board, not later than ninety days after the date of the commitment
of a person receiving home and community-based services, commences
funding of home and community-based services for an individual who
resides in a state-operated intermediate care facility for the
mentally retarded on the date of the commitment or another
eligible individual designated by the department.
Sec. 5123.41. As used in this section and sections
5123.42
to 5123.47 of the Revised Code:
(A) "Adult services" has the same meaning as in section
5126.01 of the Revised Code.
(B) "Certified supported living provider" means a person or
government entity certified under section 5123.161 of the
Revised
Code.
(C)
"Drug" has the same meaning as in section 4729.01 of
the
Revised Code.
(D) "Family support services" has the same meaning as in
section 5126.01 of the Revised Code.
(E) "Health-related activities" means the following:
(2) Application of clean dressings that do not require
health
assessment;
(3) Basic measurement of bodily intake and output;
(6) External urinary catheter care;
(7) Emptying and replacing colostomy bags;
(8) Collection of specimens by noninvasive means.
(F) "Licensed health professional authorized to prescribe
drugs" has the same meaning as in section 4729.01 of the Revised
Code.
(G) "MR/DD personnel" means the employees and the workers
under
contract who provide
specialized services to individuals
with
mental retardation and
developmental disabilities. "MR/DD
personnel" includes those who provide the services as follows:
(1) Through
direct employment with the department of mental
retardation and
developmental disabilities or a county board of
mental retardation
and developmental disabilities;
(2) Through an
entity under contract with the department of
mental retardation
and developmental disabilities or a county
board of mental
retardation and developmental disabilities;
(3) Through
direct employment or by being under contract
with
private
entities, including private entities that operate
residential
facilities.
(H) "Nursing delegation" means the process established in
rules adopted by the board of nursing pursuant to Chapter 4723. of
the Revised Code under which a registered nurse or licensed
practical nurse acting at the direction of a registered nurse
transfers the performance of a particular nursing activity or task
to another person who is not otherwise authorized to perform
the
activity or task.
(I) "Prescribed medication" means a drug that is to be
administered according to the instructions of a licensed health
professional authorized to prescribe drugs.
(J) "Residential facility" means a facility licensed under
section 5123.19 of the Revised Code or subject to section 5123.192
of the Revised Code.
(K) "Specialized services" has the same meaning as in
section
5123.50 of the Revised Code.
(L) "Tube feeding" means the provision of nutrition to an
individual through a gastrostomy tube or a jejunostomy tube.
Sec. 5123.47. (A) As used in this section:
(1)
"In-home care" means the supportive services provided
within
the home of an individual
with mental retardation or a
developmental disability who receives funding for the
services
through a county
board
of mental retardation
and
developmental
disabilities, including any
recipient of residential services
funded
as
home
and
community-based services,
family support
services
provided under
section 5126.11 of the
Revised Code, or
supported living
provided
in accordance with sections
5126.41 to
5126.47 of the Revised
Code.
"In-home care" includes care that is
provided outside
an individual's home in places incidental to the
home,
and while
traveling to places
incidental to the
home, except
that
"in-home
care" does not include care provided
in the
facilities of
a county
board of mental retardation and
developmental
disabilities or care
provided in schools.
(2)
"Parent" means either parent of a child, including an
adoptive
parent but not a foster parent.
(3)
"Unlicensed in-home care worker" means an individual who
provides in-home care but is not a health care professional.
(4)
"Family member" means a parent, sibling, spouse, son,
daughter, grandparent, aunt, uncle, cousin, or guardian of the
individual with
mental retardation or a developmental disability
if the individual with mental
retardation or developmental
disabilities lives with the person and is
dependent on the person
to the extent that, if the supports were withdrawn,
another living
arrangement would have to be found.
(5) "Health care professional" means any of the following:
(a) A dentist who holds a valid license issued under Chapter
4715. of the Revised Code;
(b) A registered or licensed practical nurse who holds a
valid license issued under Chapter 4723. of the Revised Code;
(c) An optometrist who holds a valid license issued under
Chapter 4725. of the Revised Code;
(d) A pharmacist who holds a valid license issued under
Chapter 4729. of the Revised Code;
(e) A person who holds a valid certificate issued under
Chapter 4731. of the Revised Code to practice medicine and
surgery, osteopathic medicine and surgery, podiatric medicine and
surgery, or a limited brand of medicine;
(f) A physician assistant who holds a valid certificate
issued under Chapter 4730. of the Revised Code;
(g) An occupational therapist or occupational therapy
assistant or a physical therapist or physical therapist assistant
who holds a valid license issued under Chapter 4755. of the
Revised Code;
(h) A respiratory care professional who holds a valid
license
issued under Chapter 4761. of the Revised Code.
(6) "Health care task" means a task that is prescribed,
ordered, delegated, or otherwise directed by a health care
professional acting within the scope of the professional's
practice.
(B) Except as provided in division
(E) of this section,
a
family member of an individual with mental
retardation or a
developmental
disability may authorize an unlicensed in-home care
worker to
administer oral and topical prescribed
medications or
perform other
health care tasks
as
part
of the
in-home care
the
worker provides to the
individual, if
all of the
following apply:
(1) The family member
is the primary supervisor of the
care.
(2) The unlicensed in-home care worker
has been selected by
the family member
or the individual receiving care and is under
the direct supervision of
the
family member.
(3) The unlicensed in-home care worker is providing the
care
through an employment or other arrangement
entered into
directly
with the family member and is not otherwise employed by
or under
contract
with a person or government entity to provide
services
to
individuals with mental retardation and developmental
disabilities.
(C) A family member
shall
obtain a prescription, if
applicable, and written
instructions
from a health care
professional for the care to be
provided to the
individual. The
family
member shall authorize the
unlicensed
in-home
care worker
to provide the
care by preparing a
written
document granting the
authority.
The family member shall
provide
the
unlicensed in-home
care worker with
appropriate
training and
written instructions in
accordance with
the
instructions obtained
from the health care
professional.
(D) A family member who authorizes an unlicensed in-home
care
worker to
administer oral and topical
prescribed
medications or
perform
other health care
tasks retains
full responsibility for
the health
and safety of
the
individual
receiving the care and for
ensuring
that the worker
provides the
care appropriately and
safely. No
entity that funds
or monitors
the provision of in-home
care
may be
held liable for
the results
of the
care provided under
this
section by an
unlicensed in-home
care worker,
including
such
entities as the
county board of mental
retardation and
developmental disabilities
and the department of
mental
retardation and
developmental
disabilities.
An unlicensed in-home care worker who is authorized under
this section by a
family member to provide care to an
individual
may not be held liable for
any
injury caused in providing the
care, unless the worker provides the care
in a manner that is not
in accordance with the training and
instructions received or the
worker acts in a manner that
constitutes wanton or reckless
misconduct.
(E) A county board of mental retardation and
developmental
disabilities may evaluate the authority granted by a
family member
under
this section to an unlicensed in-home care
worker at any
time it considers
necessary and shall evaluate the
authority on
receipt of a complaint. If the
board determines that
a family
member has
acted in a manner
that is inappropriate for
the health
and safety of the individual receiving
the
care,
the
authorization
granted by the family member to
an
unlicensed
in-home care worker
is void, and the
family member may
not
authorize other
unlicensed
in-home care workers to provide the
care. In making such a
determination, the board shall use
appropriately licensed health
care professionals and shall provide
the family member an
opportunity to file a complaint under section
5126.06 of the
Revised Code.
Sec. 5123.50. As used in this section and sections 5123.51,
5123.52, and 5123.541 of the Revised Code:
(A) "Abuse" means all of the following:
(1) The use of physical force that can reasonably be
expected
to result in
physical harm or serious physical harm;
(B) "Misappropriation" means depriving, defrauding, or
otherwise
obtaining the real or personal property of an individual
by any means
prohibited by the Revised Code, including violations
of
Chapter 2911. or 2913. of the Revised Code.
(C) "MR/DD employee" means all of the following:
(1) An employee of the department of mental retardation and
developmental disabilities;
(2) An employee of a county board of mental retardation and
developmental disabilities;
(3)
An
employee in a position
that
includes providing
specialized services to an
individual with
mental retardation or
another developmental disability.
(D) "Neglect" means, when there is a duty to do so, failing
to
provide an individual with any
treatment, care, goods, or
services that are necessary to maintain the
health and safety of
the individual.
(E) "Physical harm" and "serious physical harm" have the
same
meanings as in section 2901.01 of the Revised Code.
(F) "Sexual abuse" means unlawful sexual conduct or sexual
contact.
(G) "Specialized services" means any program or service
designed
and operated to serve primarily individuals with mental
retardation
or a
developmental
disability,
including a program or
service provided by an entity licensed or
certified by the
department of mental retardation and
developmental disabilities.
A
program or service available to
the
general public is not a
specialized service.
(H) "Verbal abuse" means purposely using words to threaten,
coerce, intimidate, harass, or humiliate an individual.
(I) "Sexual conduct," "sexual contact," and "spouse" have the
same meanings as in section 2907.01 of the Revised Code.
Sec. 5123.52. (A) The department of mental retardation and
developmental disabilities shall establish a registry of MR/DD
employees consisting of the names of MR/DD employees included in
the
registry pursuant to section 5123.51 of the Revised Code.
(B) Before a person or government entity hires,
contracts
with, or employs an individual as an MR/DD employee, the
person or
government entity shall inquire whether the individual is included
in the
registry.
(C) When it receives an inquiry regarding whether an
individual
is included in the registry, the department shall
inform the
person making the inquiry whether the individual is
included in the
registry.
(D)(1) Except as otherwise provided in a collective
bargaining
agreement entered into under Chapter 4117. of the
Revised Code
that is in effect on the effective date of this
section
November 22, 2000, no person or
government entity shall
hire, contract with, or employ as an MR/DD
employee an individual
who
is included in the registry. Notwithstanding sections 4117.08
and
4117.10 of the Revised Code, no agreement entered into
under
Chapter 4117. of the Revised Code after the
effective date of this
section November 22,
2000, may contain any provision that in any
way limits the
effect or operation of this section.
(2) Neither the department nor any county board of mental
retardation and
developmental disabilities may enter into a new
contract or renew a contract
with a person or government entity
that fails to comply with division
(D)(1) of this section until
the department or
board is satisfied that the person or government
entity will comply.
(3) A person or government entity that
fails to hire or
retain as an MR/DD employee a
person because the person is
included in the registry shall not be liable
in damages in a civil
action brought by the employee or applicant for
employment.
Termination of employment pursuant to
division (D)(1) of this
section constitutes a discharge for just
cause for the purposes of
section 4141.29 of the Revised
Code.
(E) Information contained in the registry is a public record
for
the purposes of section 149.43 of the Revised Code and is
subject to inspection and copying under section 1347.08 of the
Revised Code.
Sec. 5123.542. (A) Each of the following shall annually
provide a written notice to each of its MR/DD employees explaining
the conduct for which an MR/DD employee may be included in the
registry established under section 5123.52 of the Revised Code:
(1) The department of mental retardation and developmental
disabilities;
(2) Each county board of mental retardation and developmental
disabilities;
(3) Each contracting entity, as defined in section 5126.281
of the Revised Code;
(4) Each owner, operator, or administrator of a residential
facility, as defined in section 5123.19 of the Revised Code;
(5) Each owner, operator, or administrator of a program
certified by the department to provide supported living.
(B) The notice described in division (A) of this section
shall be in a form and provided in a manner prescribed by the
department of mental retardation and developmental disabilities.
The form shall be the same for all persons and entities required
to provide notice under division (A) of this section.
(C) The fact that an MR/DD employee does not receive the
notice required by this section does not exempt the employee from
inclusion in the registry established under section 5123.52 of the
Revised Code.
Sec. 5123.60. (A) A legal rights service is hereby
created
and established to protect and advocate the rights of
mentally ill
persons, mentally retarded persons, developmentally
disabled
persons, and other disabled persons who may be represented by the
service pursuant to division (L) of this section; to receive and
act upon
complaints concerning
institutional and hospital
practices and conditions of
institutions for mentally retarded or
developmentally disabled
persons and hospitals for the mentally
ill; and to assure that
all persons detained, hospitalized,
discharged, or
institutionalized, and all persons whose detention,
hospitalization, discharge, or institutionalization is sought or
has been sought under this chapter or Chapter 5122. of the
Revised
Code are fully informed of their rights and adequately
represented
by counsel in proceedings under this chapter or
Chapter 5122. of
the Revised Code and in any proceedings to
secure the rights of
those persons. Notwithstanding the
definitions of
"mentally
retarded person" and
"developmentally disabled person" in section
5123.01 of the
Revised Code, the
legal rights service shall
determine who is a mentally retarded
or developmentally disabled
person for purposes of this section
and sections 5123.601 to
5123.604 of the Revised Code.
(B)(1) In regard to those persons detained, hospitalized, or
institutionalized under Chapter 5122. of the Revised Code, the
legal rights service shall undertake formal representation only
of
those persons who are involuntarily detained, hospitalized, or
institutionalized pursuant to sections 5122.10 to 5122.15 of the
Revised Code, and those voluntarily detained, hospitalized, or
institutionalized who are minors, who have been adjudicated
incompetent, who have been detained, hospitalized, or
institutionalized in a public hospital, or who have requested
representation by the legal rights service.
(2) If a person referred
to in division (A) of this section
voluntarily requests in
writing
that the legal rights service
terminate participation in
the
person's case, such involvement
shall cease.
(3) Persons described in divisions (A) and (B)(1) of this
section who are represented by the legal rights service are
clients of the legal rights service.
(C) Any person voluntarily hospitalized or
institutionalized
in a public hospital under division (A) of
section 5122.02 of the
Revised Code, after being fully informed
of the person's rights
under division (A) of this
section, may, by
written
request, waive
assistance by the legal rights service if
the
waiver is knowingly
and intelligently made, without duress or
coercion.
The waiver may be rescinded at any time by the voluntary
patient or resident, or by the voluntary patient's or
resident's
legal guardian.
(D)(1) The legal rights service commission is hereby created
for the purposes of appointing an administrator of the legal
rights service, advising the administrator, assisting the
administrator in developing a budget, advising the administrator
in establishing and annually reviewing a strategic plan, creating
a procedure for filing and determination of grievances against the
legal rights service, and establishing general
policy guidelines,
including guidelines for the commencement of litigation, for the
legal rights service. The commission may adopt rules to carry
these purposes into effect and
may receive and act upon appeals of
personnel decisions by the
administrator.
(2) The commission shall consist of seven members. One
member,
who shall serve as chairperson, shall be appointed by
the
chief
justice of the supreme court, three members shall be
appointed by
the speaker of the house of representatives, and
three members
shall be appointed by the president of the senate.
At least two
members shall have experience in the field of
developmental
disabilities, and at least two members shall have
experience in
the field of mental health. No member shall be a
provider or
related to a provider of services to mentally
retarded,
developmentally disabled, or mentally ill persons.
(3) Terms of office
of the members of the commission shall
be
for three years, each term ending on the
same day of the month
of
the year as did the term which it
succeeds. Each member shall
serve subsequent to the expiration
of the member's term until a
successor is
appointed and qualifies, or
until sixty days has
elapsed, whichever occurs first.
No member shall serve more
than
two consecutive terms.
All
vacancies
in the membership of the commission shall be
filled in the manner prescribed for
regular appointments to
the
commission and shall be limited to
the unexpired terms.
(4) The commission shall meet at least four times each year.
Members shall be reimbursed for their necessary and actual
expenses incurred in the performance of their official duties.
(5) The administrator of the legal rights service shall serve
at the pleasure of the commission.
The administrator shall be an attorney admitted to practice
law in this state.
The
salary of the administrator shall be
established
in accordance
with section 124.14 of the Revised Code.
(E) The legal rights service shall be completely
independent
of the department of mental health and the department
of mental
retardation and developmental disabilities and,
notwithstanding
section 109.02 of the Revised Code, shall also be
independent of
the office of the attorney general. The
administrator of the
legal
rights service, staff, and attorneys
designated by the
administrator to represent persons
detained,
hospitalized, or
institutionalized under this chapter or Chapter 5122. of the
Revised Code shall have ready access
to the following:
(1) During normal business hours and at other reasonable
times,
all records, except records of community residential
facilities and records of contract agencies of county boards of
mental retardation and developmental disabilities and boards of
alcohol, drug addiction and mental health services, relating to
expenditures of state and
federal
funds or to the commitment,
care, treatment, and
habilitation of
all persons represented by
the legal rights
service, including
those who may be represented
pursuant to
division (L) of
this
section, or persons detained,
hospitalized,
institutionalized, or
receiving services under this
chapter or
Chapter 340., 5119.,
5122., or 5126. of the Revised
Code that are
records maintained by
the
following entities
providing services
for those persons:
departments;
institutions;
hospitals;
boards of alcohol,
drug
addiction, and mental health
services; county boards of
mental
retardation and developmental
disabilities;
and any other
entity providing services
to persons
who may be represented by
the
service pursuant to
division (L) of
this section;
(2)
Any records maintained in computerized data banks
of the
departments or boards or, in the case of persons who may be
represented
by the service pursuant to division (L) of this
section, any other entity that
provides services to those persons;
(3) During their normal working hours,
personnel of the
departments, facilities, boards, agencies,
institutions,
hospitals,
and other service-providing entities;
(4) At any time,
all persons detained, hospitalized, or
institutionalized; persons receiving services under this chapter
or
Chapter 340., 5119., 5122., or 5126. of the Revised Code; and
persons who may
be represented by the service pursuant to division
(L) of this section.
(5) Records of a community residential facility, a contract
agency of a board of alcohol, drug addiction, and mental health
services, or a contract agency of a county board of mental
retardation and developmental disabilities with one of the
following consents:
(a) The consent of the person, including when the person is a
minor or has been adjudicated incompetent;
(b) The consent of the person's guardian of the person, if
any, or the parent if the person is a minor;
(c) No consent, if the person is unable to consent for any
reason, and the guardian of the person, if any, or the parent of
the minor, has refused to consent or has not responded to a
request for consent and either of the following has occurred:
(i) A complaint regarding the person has been received by the
legal rights service;
(ii) The legal rights service has determined that there is
probable cause to believe that such person has been subjected to
abuse or neglect.
(F) The administrator of the legal rights service shall
do
the following:
(1) Administer and organize the work of the legal rights
service and establish administrative or geographic divisions as
the administrator considers necessary, proper, and expedient;
(2) Adopt and promulgate rules that are not in conflict with
rules adopted by the commission and prescribe duties for
the
efficient conduct of the business and general administration
of
the legal rights service;
(3) Appoint and discharge employees, and hire
experts,
consultants, advisors, or other professionally qualified
persons
as the administrator considers necessary to carry out
the duties
of the
legal rights service;
(4) Apply for and accept grants of funds, and accept
charitable gifts and bequests;
(5) Prepare and submit a budget to the general assembly
for
the operation of the legal rights service. At least thirty days
prior to submitting the budget to the general assembly, the
administrator shall provide a copy of the budget to the commission
for review and comment. When submitting the budget to the general
assembly, the administrator shall include a copy of any written
comments returned by the commission to the administrator.
(6) Enter into contracts and make
expenditures
necessary
for
the efficient operation of the legal rights
service;
(7) Annually prepare a report of activities and submit
copies
of the report to the governor, the chief justice of the
supreme
court, the president of the senate, the speaker of the
house of
representatives, the director of mental health, and the
director
of mental retardation and developmental disabilities,
and
make the
report available to the public;
(8) Upon request of the commission or of the chairperson of
the commission, report to the commission on specific litigation
issues or activities.
(G)(1) The legal rights service may act directly or contract
with other organizations or individuals for the provision of the
services envisioned under this section.
(2) Whenever possible, the
administrator shall attempt to
facilitate the resolution of
complaints through administrative
channels.
Subject to division (G)(3) of this section, if attempts
at
administrative resolution
prove
unsatisfactory, the
administrator
may pursue any legal,
administrative,
and other
appropriate
remedies or
approaches that
may be necessary to
accomplish the
purposes of this section.
(3) The administrator may not pursue a class action lawsuit
under division (G)(2) of this section when attempts at
administrative resolution of a complaint prove unsatisfactory
under that division unless both of the following have first
occurred:
(a) At least four members of the commission, by their
affirmative vote, have consented to the pursuit of the class
action lawsuit;
(b) At least five members of the commission are present at
the meeting of the commission at which that consent is obtained.
(4) All records received or maintained by the legal rights
service in connection with any investigation, representation, or
other activity under this section shall be confidential and shall
not be disclosed except as authorized by the person represented by
the legal rights service or, subject to any privilege, a guardian
of the person or parent of the minor. Subject to division (G)(5)
of this section, relationships between personnel and the agents of
the
legal
rights
service and its clients shall be fiduciary
relationships,
and all
communications shall be
privileged as if
between
attorney and
client.
(5) Any person who has been represented by the legal rights
service or who has applied for and been denied representation and
who files a grievance with the service concerning the
representation or application may appeal the decision of the
service on the grievance to the commission. The person may appeal
notwithstanding any objections of the person's legal guardian. The
commission may examine any records relevant to the appeal and
shall maintain the confidentiality of any records that are
required to be kept confidential.
(H)
The legal
rights service, on the order of the
administrator, with the
approval
by an affirmative vote of at
least four members of the commission, may compel by
subpoena the
appearance
and sworn testimony of any person the
administrator
reasonably
believes may be able to provide
information or to
produce any
documents, books, records, papers,
or other
information necessary
to carry out its duties. On the refusal of
any person to produce or authenticate any requested documents, the
legal rights service may apply to the Franklin county court of
common pleas to compel the production or authentication of
requested documents. If the court finds that failure to produce or
authenticate any requested documents was improper, the court may
hold the person in contempt as in the case of disobedience of the
requirements of a subpoena issued from the court, or a refusal to
testify in the court.
(I) The legal rights service may conduct public hearings.
(J) The legal rights service may request from any
governmental agency any cooperation, assistance, services, or
data
that will enable it to perform its duties.
(K) In any malpractice action filed against the
administrator
of the legal rights service, a member of the staff
of the legal
rights service, or an attorney designated by the
administrator to
perform legal services under division (E) of
this
section, the
state shall, when the administrator, member, or
attorney has acted
in good faith and in the scope of
employment,
indemnify the
administrator, member, or attorney for
any judgment
awarded or
amount negotiated in settlement, and for
any court
costs or legal
fees incurred in defense of the claim.
This division does not limit or waive, and shall not be
construed to limit or waive, any defense that is available to the
legal rights service, its administrator or employees, persons
under a personal services contract with it, or persons designated
under division (E) of this section, including, but not limited
to,
any defense available under section 9.86 of the Revised Code.
(L) In addition to providing services to mentally ill,
mentally retarded, or developmentally disabled persons, when a
grant authorizing the provision of services to other individuals
is accepted pursuant to division (F)(4) of this section, the
legal
rights service and its ombudsperson section may
provide
advocacy
or ombudsperson services to those other
individuals and
exercise
any other authority granted by this section or sections
5123.601
to 5123.604 of the Revised Code on behalf of those
individuals.
Determinations of whether an individual is eligible
for services
under this division shall be made by the legal
rights service.
Sec. 5123.602. (A) Except as provided in
division (B) of
this section, the ombudsperson section of the
legal
rights
service may, in
order
to carry out its duties under
this chapter,
make necessary inquiries and
obtain
information it
considers
necessary. Upon receiving a complaint
and in the course of
conducting an investigation in accordance
with division (B) of
section 5123.601 of the Revised Code, the
section shall have
ready access to the premises and records of all
providers of
services to
mentally retarded, developmentally
disabled, or
mentally ill persons and shall
have the right to
communicate in a
private and confidential setting with any
mentally retarded,
developmentally disabled, or mentally ill
persons, with
their
parents, guardians, or advocates, and with
employees of any
provider.
(B) Records held by community residential facilities,
contract agencies of boards of alcohol, drug addiction, and mental
health services, and contract agencies of county boards of mental
retardation and developmental disabilities shall only be
accessible by the ombudsperson section of the legal rights service
in a situation as described in division (E)(5) of section 5123.60
of the Revised Code.
Sec. 5123.61. (A) As used in this section:
(1)
"Law enforcement agency" means the state highway
patrol,
the police department of a municipal corporation, or a
county
sheriff.
(2)
"Abuse" has the same meaning as in section 5123.50 of
the
Revised Code,
except that it includes a misappropriation, as
defined in that section.
(3)
"Neglect" has the same meaning as in section 5123.50 of
the Revised Code.
(B) The department of mental retardation and developmental
disabilities shall establish a registry office for the purpose of
maintaining reports of abuse, neglect, and other
major unusual
incidents made to the department
under this section and reports
received from county boards of
mental retardation and
developmental disabilities under section
5126.31 of the Revised
Code. The department shall establish committees to
review reports
of abuse, neglect, and other major unusual incidents.
(C)(1) Any person listed in division (C)(2) of this
section,
having reason to believe that a person with mental retardation or
a developmental disability has suffered or faces a substantial
risk of suffering any wound, injury,
disability, or condition of
such a nature as to reasonably
indicate abuse or neglect of that
person, shall
immediately report
or cause reports to be made of
such information to the entity specified in this division. Except
as provided in section 5120.173 of the Revised Code or as
otherwise provided in this division, the person making the report
shall make it to a law
enforcement agency or to the county board
of mental retardation
and developmental disabilities. If the
report
concerns
a resident of a facility operated by the
department of
mental
retardation and developmental disabilities
the report
shall be
made either to a law enforcement agency or to
the
department. If the report concerns any act or omission of an
employee of a county board of mental retardation and developmental
disabilities, the report immediately shall be made to the
department and to the county board.
(2) All of the following persons are required to make a
report under division (C)(1) of this section:
(a) Any physician, including a hospital intern or
resident,
any dentist, podiatrist, chiropractor, practitioner of
a limited
branch of medicine as
specified in section
4731.15 of the Revised
Code, hospital administrator or employee
of a hospital, nurse
licensed under Chapter 4723. of the Revised
Code, employee of an
ambulatory health facility as defined in
section 5101.61 of the
Revised Code, employee of a home health
agency, employee of an
adult care facility licensed under Chapter
3722. of the Revised
Code, or employee of a community mental health
facility;
(b) Any school teacher or school authority, social worker,
psychologist, attorney, peace officer, coroner, or
residents'
rights advocate as defined in section 3721.10 of the
Revised Code;
(c) A superintendent, board member, or employee of a
county
board of mental retardation and developmental
disabilities; an
administrator, board member, or employee of a
residential facility
licensed under section 5123.19 of the
Revised Code; an
administrator, board member, or employee of
any other public or
private provider of services to a person with mental
retardation
or a developmental disability, or any MR/DD
employee, as defined
in section 5123.50 of the Revised
Code;
(d) A member of a citizen's advisory council established at
an institution or branch institution of the department of mental
retardation and developmental disabilities under section 5123.092
of the Revised Code;
(e) A clergyman who is employed in a position that includes
providing specialized services to an individual with mental
retardation or another developmental disability, while acting in
an official or professional capacity in that position, or a person
who is employed in a position that includes providing specialized
services to an individual with mental retardation or another
developmental disability and who, while acting in an official or
professional
capacity, renders spiritual treatment through
prayer
in accordance with the tenets of an organized religion.
(3)(a) The reporting requirements of this division do not
apply
to members of the legal rights service commission or to
employees
of the legal rights service.
(b) An attorney or physician is not required to make a report
pursuant to division (C)(1) of this section concerning any
communication the attorney or physician receives from a client or
patient in an attorney-client or physician-patient relationship,
if, in accordance with division (A) or (B) of section 2317.02 of
the Revised Code, the attorney or physician could not testify with
respect to that communication in a civil or criminal proceeding,
except that the client or patient is deemed to have waived any
testimonial privilege under division (A) or (B) of section 2317.02
of the Revised Code with respect to that communication and the
attorney or physician shall make a report pursuant to division
(C)(1) of this section, if both of the following apply:
(i) The client or patient, at the time of the communication,
is a person with mental retardation or a developmental disability.
(ii) The attorney or physician knows or suspects, as a result
of the communication or any observations made during that
communication, that the client or patient has suffered or faces a
substantial risk of suffering any wound, injury, disability, or
condition of a nature that reasonably indicates abuse or neglect
of the client or patient.
(4) Any person who fails to make a report required under
division (C) of this section and who is an MR/DD employee, as
defined in section 5123.50 of the Revised Code, shall be eligible
to be included in the registry regarding misappropriation, abuse,
neglect, or other specified misconduct by MR/DD employees
established under section 5123.52 of the Revised Code.
(D) The reports required under division (C) of this
section
shall be made forthwith by telephone or in person and
shall be
followed by a written report. The reports shall contain
the
following:
(1) The names and addresses of the person with mental
retardation or a
developmental disability and the person's
custodian,
if known;
(2) The age of the person with mental retardation or a
developmental
disability;
(3) Any other information that
would assist in the
investigation of the report.
(E) When a physician performing services as a member of
the
staff of a hospital or similar institution has reason to
believe
that a
person with mental retardation or a developmental
disability has
suffered injury, abuse, or physical neglect, the
physician
shall notify the person in charge of the institution or
that person's
designated delegate, who shall make the necessary
reports.
(F) Any person having reasonable cause to believe that a
person with
mental retardation or a developmental disability has
suffered or faces a substantial risk of suffering
abuse or neglect
may report or cause a report
to be
made of that belief to the
entity specified in this division. Except as provided in section
5120.173 of the Revised Code or as otherwise provided in this
division, the person making the report shall make it to a law
enforcement agency or the county board of
mental
retardation and
developmental disabilities. If the
person is a resident of a
facility operated by the department of
mental
retardation and
developmental disabilities, the report shall be made to a law
enforcement
agency or to the department. If the report concerns
any act or omission of an employee of a county board of mental
retardation and developmental disabilities, the report immediately
shall be made to the department and to the county board.
(G)(1) Upon the receipt of a report concerning the
possible
abuse or neglect of
a person with mental retardation or a
developmental disability, the
law enforcement agency shall inform
the county board of mental
retardation and developmental
disabilities or, if the
person is a resident of a facility
operated by the department of mental
retardation and developmental
disabilities, the director of the
department or the director's
designee.
(2) On receipt of a
report under this section that includes
an allegation
of action or inaction that may constitute a crime
under federal law or the law
of this state, the
department of
mental retardation and developmental disabilities
shall notify the
law enforcement agency.
(3) When a county board of mental retardation and
developmental disabilities receives a report under this section
that
includes an allegation of action or inaction that may
constitute a crime under
federal law or the law of this state,
the
superintendent of the board or an individual the superintendent
designates
under division (H) of this section shall notify the law
enforcement agency. The superintendent or individual
shall notify
the department of mental retardation and
developmental
disabilities when it receives any report under this
section.
(4) When a county board of mental retardation and
developmental disabilities receives a report under this section
and believes that the degree of risk to the person is such that
the report is an emergency, the superintendent of the board or an
employee of the board the superintendent designates shall attempt
a face-to-face contact with the person with mental retardation or
a developmental disability who allegedly is the victim within one
hour of the board's receipt of the report.
(H) The superintendent of the board may designate an
individual to be responsible for notifying the law enforcement
agency and the department when the county board receives a report
under this section.
(I) An adult
with mental retardation or a developmental
disability
about whom a report is made may be removed from the
adult's place
of residence only by law enforcement officers who
consider that the adult's
immediate removal is essential to
protect the adult from further injury or
abuse or in accordance
with the order of a court made pursuant to section
5126.33 of the
Revised Code.
(J) A law enforcement agency shall investigate each report
of
abuse or neglect it receives under this section. In
addition,
the
department, in cooperation with law enforcement officials,
shall
investigate each report regarding a resident of a facility
operated by the department to determine the circumstances
surrounding the injury, the cause of the injury, and the person
responsible. The investigation shall be in accordance with the
memorandum of understanding prepared under section 5126.058 of the
Revised Code. The department shall determine, with the registry
office which shall be maintained by the department, whether prior
reports have been made concerning
an adult with mental
retardation
or
a developmental disability or other principals in
the case.
If
the department finds that the report involves action
or inaction
that may constitute a crime under federal law or the
law of this
state, it shall submit a report of its investigation,
in
writing,
to the law enforcement agency. If the person with
mental
retardation or a developmental disability is an adult, with
the
consent of the adult, the department shall provide such
protective
services as are
necessary to protect the adult. The
law
enforcement agency shall
make a written report of its findings
to
the department.
If the person is an adult and is not a resident of a facility
operated by
the department, the county board of mental retardation
and
developmental disabilities shall review the report of abuse or
neglect in accordance with sections 5126.30 to 5126.33 of the
Revised Code and the law enforcement agency shall make the
written
report of its findings to the county board.
(K) Any person or any hospital, institution, school,
health
department, or agency participating in the making of
reports
pursuant to this section, any person participating as a
witness in
an administrative or judicial proceeding resulting
from the
reports, or any person or governmental entity that
discharges
responsibilities under sections 5126.31 to 5126.33 of
the Revised
Code shall be immune from any civil or criminal
liability that
might otherwise be incurred or imposed as a result
of such actions
except liability for perjury, unless the person
or governmental
entity has acted in bad faith or with malicious
purpose.
(L) No employer or any person with the authority to do so
shall discharge, demote, transfer, prepare a negative work
performance evaluation, reduce pay or benefits, terminate work
privileges, or take any other action detrimental to an employee
or
retaliate against an employee as a result of the employee's
having
made a report under this section. This division does not
preclude
an employer or person with authority from taking action
with
regard to an employee who has made a report under this
section if
there is another reasonable basis for the action.
(M) Reports made under this section are not public records
as
defined in section 149.43 of the Revised Code. Information
contained in the reports on request shall be made available to
the
person who is the subject of the report, to the
person's legal
counsel, and to agencies authorized to
receive information in the
report
by the department or by a county board of mental
retardation and
developmental disabilities.
(N) Notwithstanding section 4731.22 of the Revised Code,
the
physician-patient privilege shall not be a ground for
excluding
evidence regarding the injuries or physical neglect
of a person
with mental retardation or a developmental disability or
the cause
thereof in any judicial proceeding resulting from a
report
submitted pursuant to this section.
Sec. 5123.611. (A) As used in this section,
"MR/DD
employee"
means all of the following:
(1) An employee of the department of mental retardation and
developmental disabilities;
(2) An employee of a county board of mental retardation and
developmental disabilities;
(3)
An
employee in a position
that
includes
providing
specialized services, as defined in
section
5123.50 of the Revised
Code, to an individual with
mental
retardation
or a developmental
disability.
(B) At the conclusion of a review of a report of abuse,
neglect,
or a major unusual incident that is conducted by a review
committee established pursuant to section
5123.61 of the Revised
Code, the committee shall issue
recommendations to the department.
The department shall review the committee's recommendations and
issue a report of its findings.
The department shall make the
report available to all of the
following:
(1) The
individual with mental retardation or a
developmental
disability who is the subject of the report;
(2) That
individual's guardian or legal counsel;
(3) The licensee, as defined in section 5123.19 of the
Revised
Code, of a residential facility in which
the
individual
resides;
(4) The employer of any MR/DD employee who allegedly
committed or
was responsible for the abuse, neglect, or major
unusual incident.
(C) Except as provided in this section, the department shall
not
disclose its report to any person or government entity that is
not authorized to investigate reports
of abuse, neglect, or other
major unusual incidents, unless the
individual with mental
retardation or a developmental disability who is the subject of
the report or the
individual's guardian
gives the
department
written
consent.
Sec. 5123.613. (A) When a person who is the subject of a
report
under section 5123.61 of the Revised Code dies, the
department of
mental retardation and developmental disabilities or
the county board of
mental retardation and developmental
disabilities, whichever is
applicable, shall, on written request,
provide to both of the
following persons the report and any
records relating to the
report:
(1) If the report or records are necessary to administer the
estate of the person who is the subject of the report, to the
executor
or administrator of the person's estate;
(2) To the guardian of the person who is the subject of the
report or, if the individual had no guardian at the time of death,
to a
person in the first applicable of the following categories:
(b) The person's children;
(c) The person's parents;
(d) The person's brothers or sisters;
(e) The person's uncles or aunts;
(f) The person's closest relative by blood or adoption;
(g) The person's closest relative by marriage.
(B) The department or county board shall provide the report
and
related records as required by this section not later than
thirty days
after receipt of the request."
Sec. 5123.614. (A) Subject to division (B) of this section,
on receipt of a report of a major unusual incident made pursuant
to section 5123.61 or 5126.31 of the Revised Code or rules adopted
under section 5123.612 of the Revised Code, the department of
mental retardation and developmental disabilities may do either of
the following:
(1) Conduct an independent review or investigation of the
incident;
(2) Request that an independent review or investigation of
the incident be conducted by a county board of mental retardation
and developmental disabilities that is not implicated in the
report, a regional council of government, or any other entity
authorized to conduct such investigations.
(B) If a report described in division (A) of this section
concerning the health or safety of a person with mental
retardation or a developmental disability involves an allegation
that an employee of a county board of mental retardation and
developmental disabilities has created a substantial risk of
serious physical harm to a person with mental retardation or a
developmental disability, the department shall do one of the
following:
(1) Conduct an independent investigation regarding the
incident;
(2) Request that an independent review or investigation of
the incident be conducted by a county board of mental retardation
and developmental disabilities that is not implicated in the
report, a regional council of government, or any other entity
authorized to conduct such investigations.
Sec. 5123.63. Every state agency, county board of mental
retardation and developmental disabilities, or political
subdivision that provides services, either directly or through a
contract, to
persons with mental retardation or a developmental
disability
shall give each provider a copy of the list of rights
contained in section 5123.62 of the Revised Code. Each public
and
private provider of services shall carry out the requirements
of
this section in addition to any other posting or notification
requirements imposed by local, state, or federal law or rules.
The provider shall make copies of the list of rights and
shall be responsible for an initial distribution of the list to
each individual receiving services from the provider. If the
individual is unable to read the list, the provider shall
communicate the contents of the list to the individual to the
extent practicable in a manner that the individual understands.
The individual receiving services or the parent, guardian, or
advocate of the individual shall sign an acknowledgement of
receipt of a copy of the list of rights, and a copy of the signed
acknowledgement shall be placed in the individual's file. The
provider shall also be responsible for answering any questions
and
giving any explanations necessary to assist the individual to
understand the rights enumerated. Instruction in these rights
shall be documented.
Each provider shall make available to
all
persons receiving
services and all employees and visitors a copy
of the list of
rights and the addresses and telephone numbers of
the legal rights
service, the department of mental retardation
and developmental
disabilities, and the county board of mental
retardation and
developmental disabilities of the county in which
the provider
provides services.
Sec. 5123.64. (A) Every provider of services to persons
with
mental retardation or a developmental
disability shall
establish
policies and programs to ensure that all staff members
are
familiar with the rights enumerated in section 5123.62 of the
Revised Code and observe those rights in their contacts with
persons receiving services. Any policy, procedure, or rule of
the
provider that conflicts with any of the rights enumerated
shall be
null and void. Every provider shall establish written
procedures
for resolving complaints of violations of those
rights. A copy of
the procedures
shall be provided to any person receiving services
or
to any parent, guardian, or advocate of a person receiving
services.
(B) Any
person with mental retardation or a developmental
disability who
believes that the person's rights as
enumerated in
section 5123.62 of the Revised Code have been violated may:
(1) Bring the violation to the attention of the provider
for
resolution;
(2) Report the violation to the department of mental
retardation and developmental disabilities, the
ombudsperson
section
of the legal rights service, or the appropriate county
board of
mental retardation and developmental disabilities;
(3) Take any other appropriate action to ensure compliance
with sections 5123.60 to 5123.64 of the Revised Code, including
the filing of a legal action to enforce rights or to recover
damages for violation of rights.
Sec. 5123.71. (A)(1) Proceedings for the involuntary
institutionalization of a person pursuant to sections 5123.71 to
5123.76 of the Revised Code shall be commenced by the filing of
an
affidavit with the probate division of the court of common
pleas
of the county where the person
resides or
where the person is
institutionalized, in the manner and form
prescribed by the
department of mental retardation and
developmental disabilities
either on information or actual
knowledge, whichever is
determined
to be proper by the court. The
affidavit may be filed only by a
person who has custody of the
individual as a parent, guardian, or
service
provider or by a
person acting on behalf of the department
or a county board
of
mental retardation and developmental
disabilities. This section
does not
apply regarding the
institutionalization of a person
pursuant to section
2945.39,
2945.40, 2945.401, or 2945.402 of the
Revised Code.
The affidavit shall contain an allegation setting
forth the
specific category or categories under division
(O) of
section
5123.01 of the Revised Code upon which the commencement
of
proceedings is based and a statement of the factual ground for
the
belief that the person is a mentally retarded person subject to
institutionalization by
court order. Except as provided in
division (A)(2) of this section, the
affidavit shall be
accompanied by both of the following:
(a) A comprehensive evaluation report prepared by the
person's evaluation
team that includes a statement by the members
of the team certifying that they
have performed a comprehensive
evaluation of the person and that they are of
the opinion that
the
person is a mentally retarded person subject to
institutionalization by court order;
(b) An assessment report prepared by the county board of
mental retardation
and developmental disabilities under section
5123.711 of the Revised Code
specifying that the individual is in
need of services on an emergency or
priority basis.
(2)
In lieu of the comprehensive
evaluation report, the
affidavit may be accompanied by a written and sworn
statement that
the person or the guardian of a person
adjudicated incompetent has
refused to allow a comprehensive
evaluation and county board
assessment
and assessment reports. Immediately after accepting
an
affidavit that is not accompanied by the
reports of a
comprehensive evaluation and county board assessment, the court
shall cause a comprehensive evaluation and county board assessment
of the
person named in the affidavit to be performed. The
evaluation shall be
conducted in the least restrictive environment
possible and the assessment
shall be conducted in the same manner
as assessments conducted under
section 5123.711 of the Revised
Code. The evaluation and assessment must be
completed before a
probable cause hearing or full hearing may be held under
section
5123.75 or 5123.76 of the Revised Code.
A written report of the evaluation team's findings and the
county
board's assessment shall be filed with the court. The
reports shall,
consistent with the rules of evidence, be accepted
as probative evidence in
any proceeding under section 5123.75 or
5123.76 of the
Revised Code. If the counsel for the person who is
evaluated or assessed is known, the court
shall send to the
counsel a copy of the reports as soon as possible after they
are
filed and prior to any proceedings under section 5123.75 or
5123.76 of the
Revised Code.
(B)
Any person who is
involuntarily detained in an
institution or otherwise is in
custody under this chapter
shall be
informed
of the
right to do the following:
(1) Immediately make a reasonable number of telephone
calls
or use other reasonable means to contact an attorney, a
physician,
or both, to contact any other person or persons to
secure
representation by counsel, or to obtain medical assistance,
and be
provided assistance in making calls if the assistance is
needed
and requested;
(2) Retain counsel and have independent expert evaluation
and, if the person is an indigent person, be represented by
court-appointed counsel and have independent expert evaluation at
court expense;
(3) Upon request, have a hearing to determine whether
there
is probable cause to believe that the person is a
mentally
retarded
person subject to institutionalization by court order.
(C) No person who is being treated by spiritual means
through
prayer alone in accordance with a recognized religious
method of
healing may be ordered detained or involuntarily
committed unless
the court has determined that the person
represents a very
substantial risk of self-impairment,
self-injury, or
impairment or
injury to
others.
Sec. 5123.711. (A) As used in this section:
(1) "Emergency" means either of the following that creates a
risk of
substantial harm to an individual or others if action is
not taken within
thirty days:
(a) Health and safety conditions that pose a serious risk of
immediate harm or death to the individual or others;
(b) Changes in the emotional or physical condition of an
individual that necessitates substantial accommodation that cannot
reasonably
be provided by the individual's existing caretaker.
(2) "Priority" means a situation creating a risk of
substantial harm
to an individual or others, but for which action
within thirty days is not
necessary.
(3) "Resources" has the same meaning as in section 5126.01 of
the
Revised Code.
(B) Prior to filing an affidavit under section 5123.71 of the
Revised
Code for the involuntary institutionalization
of an
individual, a person who is eligible to file under that section
and
intends to do so shall request that the county board of mental
retardation and
developmental disabilities conduct an assessment
of the individual's needs.
Not later than thirty days after the
date a request is received, the board
shall complete the
assessment and provide to the person a report of its
findings and
recommendations. The report shall be delivered by certified
mail.
Within three working days after receiving a request for an
assessment,
the board shall notify the department of mental
retardation and developmental
disabilities that the request has
been made and that there is the potential
for court-ordered
institutionalization of an individual. The department may
provide
assistance to the board in the performance of the
assessment.
(C) The board's assessment of an individual's needs shall
include
the following:
(1) A determination of the current needs of the individual,
including an
appropriate plan for services;
(2) A determination of whether the community is the least
restrictive
environment in which the individual may be
appropriately served;
(3) A determination of whether the individual meets the
conditions for
assistance on an emergency or priority basis;
(4) Identification of available resources to meet the
individual's needs,
including service providers with the
capability of appropriately meeting those
needs, special ancillary
services, and moneys to pay for the services
necessary to meet the
individual's needs within the community rather than in a
state
institution.
(D) If the board's assessment of an individual identifies
that
county resources are available to meet the individual's needs
in the
community, the board shall provide
services to the
individual or arrange for the provision of services. If
county
resources are not available, the board shall petition
the
department of mental retardation and developmental disabilities
for
necessary resources that may be available from the department.
Sec. 5123.74. (A) On receipt of an affidavit under section
5123.71 of the
Revised Code, the probate division of the court of
common pleas
may, if it has probable cause to
believe that the
person named in the affidavit is a mentally
retarded person
subject to institutionalization by court order
and that emergency
institutionalization is required, do any of the following:
(1) Issue a temporary order of detention ordering any health
or police
officer or sheriff to take into custody and transport
such person
to an institution or other place as designated in
section 5123.77
of the Revised Code;
(2) Order the county board of mental retardation and
developmental
disabilities to provide services to the individual
in the community
if the board's assessment of the individual
conducted
under section 5123.711 of the Revised Code identifies
that resources are
available to meet the individual's needs in an
appropriate manner within the
community as an alternative to
institutionalization;
(3) Set the matter for further hearing.
(B) A managing officer of a nonpublic institution may, and
the
managing officer of a public institution shall, receive for
observation, diagnosis, habilitation, and care any person whose
admission is ordered pursuant to division (A)(1) of this section.
The alternatives to institutionalization that may be ordered
under
division (A)(2) of this section are limited to
those that
are necessary to remediate the emergency condition; necessary for
the person's health, safety or welfare; and necessary for the
protection of
society, if applicable.
(C) A person detained under this section may be observed and
habilitated until the probable cause hearing provided for in
section 5123.75 of the Revised Code. If no probable cause
hearing
is requested or held, the person may be evaluated
and shall be
provided with habilitative services until the full
hearing is held
pursuant to section 5123.76 of the Revised Code.
Sec. 5126.01. As used in this chapter:
(A)
As used in this
division, "adult" means an individual
who
is
eighteen years of
age or over and
not enrolled in a
program
or
service under
Chapter 3323. of the Revised Code and
an
individual
sixteen
or seventeen years of age who
is eligible
for
adult
services under
rules adopted by the director of mental
retardation
and
developmental disabilities pursuant to Chapter
119. of the
Revised Code.
(1) "Adult
services" means services provided to an adult
outside the home,
except when they are provided within the home
according to an
individual's assessed needs and identified in an
individual
service plan, that support learning and assistance in
the area of
self-care, sensory and motor development,
socialization, daily
living skills, communication, community
living, social skills, or
vocational skills.
(2) "Adult services" includes all of the following:
(a)
Adult day habilitation services;
(c) Prevocational services;
(d) Sheltered employment;
(e) Educational experiences and training obtained through
entities and activities that are not expressly intended for
individuals with mental retardation and developmental
disabilities, including trade schools, vocational or technical
schools, adult education, job exploration and sampling, unpaid
work experience in the community, volunteer activities, and
spectator sports;
(f) Community employment services and supported
employment
services.
(B)(1) "Adult day habilitation services" means adult
services
that do the following:
(a) Provide access to and participation in typical
activities
and functions of community life that are desired and
chosen by the
general population, including such activities and
functions as
opportunities to experience and participate in
community
exploration, companionship with friends and peers,
leisure
activities, hobbies, maintaining family contacts,
community
events, and activities where individuals without
disabilities are
involved;
(b) Provide supports or a combination of training and
supports that afford an individual a wide variety of opportunities
to facilitate and build relationships and social supports in the
community.
(2) "Adult day habilitation services" includes all of the
following:
(a) Personal care services needed to ensure an individual's
ability to experience and participate in vocational services,
educational services, community activities, and any other adult
day habilitation services;
(b) Skilled services provided while receiving adult day
habilitation services, including such skilled services as behavior
management intervention, occupational therapy, speech and language
therapy, physical therapy, and nursing services;
(c) Training and education in self-determination designed
to
help the individual do one or more of the following: develop
self-advocacy skills, exercise the individual's civil rights,
acquire skills that enable the individual to exercise control and
responsibility over the services received, and acquire skills that
enable the individual to become more independent, integrated, or
productive in the community;
(d) Recreational and leisure activities identified in the
individual's service plan as therapeutic in nature or assistive in
developing or maintaining social supports;
(e) Counseling and assistance
provided to obtain housing,
including such counseling as
identifying options for either rental
or purchase, identifying
financial resources, assessing needs for
environmental
modifications, locating housing, and planning for
ongoing
management and maintenance of the housing selected;
(f) Transportation necessary to access adult day
habilitation
services;
(g) Habilitation management, as described in section 5126.14
of
the Revised Code.
(3) "Adult day habilitation services" does not include
activities that are components of the provision of
residential
services, family support services, or supported living
services.
(C) "Appointing authority" means the following:
(1) In the case of a member of a county board of mental
retardation and developmental disabilities appointed by, or to be
appointed by, a board of county commissioners, the board of county
commissioners;
(2) In the case of a member of a county board appointed by,
or to be appointed by, a senior probate judge, the senior probate
judge.
(D) "Community employment services" or "supported
employment
services" means job training and other services related
to
employment outside a sheltered workshop. "Community employment
services" or "supported employment services" include all of the
following:
(1) Job training resulting in the attainment of competitive
work, supported work in a typical work environment, or
self-employment;
(2) Supervised work experience through an employer paid to
provide the supervised work experience;
(3) Ongoing work in a competitive work environment at a
wage
commensurate with workers without disabilities;
(4) Ongoing supervision by an employer paid to provide the
supervision.
(E) As used in this division, "substantial functional
limitation," "developmental delay," and "established risk" have
the meanings established pursuant to section 5123.011 of the
Revised Code.
"Developmental disability" means a severe, chronic
disability
that is characterized by all of the following:
(1) It is attributable to a mental or physical impairment
or
a combination of mental and physical impairments, other than a
mental or physical impairment solely caused by mental illness as
defined in division (A) of section 5122.01 of the Revised Code;
(2) It is manifested before age twenty-two;
(3) It is likely to continue indefinitely;
(4) It results in one of the following:
(a) In the case of a person under age three, at least one
developmental delay or an established risk;
(b) In the case of a person at least age three but under
age
six, at least two developmental delays or an established
risk;
(c) In the case of a person age six or older, a
substantial
functional limitation in at least three of the
following areas of
major life activity, as appropriate for the
person's age:
self-care, receptive and expressive language, learning,
mobility,
self-direction, capacity for independent living, and, if the
person
is at least age sixteen, capacity for economic
self-sufficiency.
(5) It causes the person to need a combination and
sequence
of special, interdisciplinary, or other type of care,
treatment,
or provision of services for an extended period of
time that is
individually planned and coordinated for the person.
(F) "Early childhood services" means a planned program of
habilitation designed to meet the needs of individuals with
mental
retardation or other developmental disabilities who have
not
attained compulsory school age.
(G)(1) "Environmental modifications" means the physical
adaptations to an individual's home, specified in the individual's
service plan, that are necessary to ensure the individual's
health, safety, and welfare or that enable the individual to
function with greater independence in the home, and without which
the individual would require institutionalization.
(2) "Environmental modifications" includes such adaptations
as installation of ramps and grab-bars, widening of doorways,
modification of bathroom facilities, and installation of
specialized electric and plumbing systems necessary to accommodate
the individual's medical equipment and supplies.
(3) "Environmental modifications" does not include physical
adaptations or improvements to the home that are of general
utility or not of direct medical or remedial benefit to the
individual, including such adaptations or improvements as
carpeting, roof repair, and central air conditioning.
(H) "Family support services" means the services provided
under a family support services program operated under section
5126.11 of the Revised Code.
(I) "Habilitation" means the process by which the staff of
the facility or agency assists an individual with mental
retardation or other developmental disability in acquiring and
maintaining those life skills that enable the individual to
cope
more effectively with the demands of the individual's own person
and
environment, and in raising the level of the individual's
personal, physical,
mental, social, and vocational efficiency.
Habilitation includes, but is not
limited to, programs of formal,
structured education and training.
(J) "Home and community-based services" means
medicaid-funded
home and community-based services specified in division (B)(1) of
section 5111.87 of the Revised Code and provided under the
medicaid waiver components the department of mental retardation
and
developmental disabilities administers pursuant to section
5111.871 of the Revised Code.
(K) "Immediate family" means parents, grandparents, brothers,
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and
daughters-in-law.
(L) "Medicaid" has the same meaning as in section 5111.01
of
the Revised Code.
(M) "Medicaid case management services" means case
management
services provided to an individual with mental
retardation or
other developmental disability that the state
medicaid plan
requires.
(N) "Mental retardation" means a mental impairment
manifested
during the developmental period characterized by
significantly
subaverage general intellectual functioning
existing
concurrently
with deficiencies in the effectiveness or
degree with
which an
individual meets the standards of personal
independence
and social
responsibility expected of the
individual's age and
cultural
group.
(O) "Residential services" means services to individuals
with
mental retardation or other developmental disabilities to
provide
housing, food, clothing, habilitation, staff support, and
related
support services necessary for the health, safety, and
welfare of
the individuals and the advancement of their quality
of
life.
"Residential services" includes program management, as
described
in section 5126.14 of the Revised Code.
(P) "Resources" means available capital and other assets,
including moneys received from the federal, state, and local
governments, private grants, and donations; appropriately
qualified personnel; and appropriate capital facilities and
equipment.
(Q) "Senior probate judge" means the current probate judge of
a county who has served as probate judge of that county longer
than any of the other current probate judges of that county. If a
county has only one probate judge, "senior probate judge" means
that probate judge.
(R) "Service and support administration" means the duties
performed by a service and support administrator pursuant to
section 5126.15 of the Revised Code.
(S)(1) "Specialized medical, adaptive, and assistive
equipment, supplies, and supports" means equipment, supplies, and
supports that enable an individual to increase the ability to
perform activities of daily living or to perceive, control, or
communicate within the environment.
(2) "Specialized medical, adaptive, and assistive equipment,
supplies, and supports" includes the following:
(a) Eating utensils, adaptive feeding dishes, plate guards,
mylatex straps, hand splints, reaches, feeder seats, adjustable
pointer sticks, interpreter services, telecommunication devices
for the deaf, computerized communications boards, other
communication devices, support animals, veterinary care for
support animals, adaptive beds, supine boards, prone boards,
wedges, sand bags, sidelayers, bolsters, adaptive electrical
switches, hand-held shower heads, air conditioners, humidifiers,
emergency response systems, folding shopping carts, vehicle lifts,
vehicle hand controls, other adaptations of vehicles for
accessibility, and repair of the equipment received.
(b) Nondisposable items not covered by medicaid that are
intended to assist an individual in activities of daily living or
instrumental activities of daily living.
(T) "Supportive home services" means a range of services
to
families of individuals with mental retardation or other
developmental disabilities to develop and maintain increased
acceptance and understanding of such persons, increased ability
of
family members to teach the person, better coordination
between
school and home, skills in performing specific
therapeutic and
management techniques, and ability to cope with
specific
situations.
(U)(1) "Supported living" means services provided
for as
long
as twenty-four hours a day to an
individual with mental
retardation or other developmental
disability through any public
or private resources, including
moneys from the individual, that
enhance the individual's
reputation in community life and advance
the individual's quality
of life by doing the following:
(a) Providing the support necessary to enable an
individual
to live in a residence of the individual's choice, with any
number
of individuals who are
not disabled,
or with not more than
three
individuals with mental
retardation
and developmental
disabilities
unless the individuals
are related
by blood or
marriage;
(b) Encouraging the individual's participation in the
community;
(c) Promoting the individual's rights and autonomy;
(d)
Assisting the individual in acquiring, retaining, and
improving
the skills
and competence
necessary to live successfully
in the
individual's residence.
(2) "Supported living" includes the provision of
all
of the
following:
(a) Housing, food,
clothing, habilitation, staff support,
professional services, and
any related support services necessary
to ensure the health, safety,
and welfare of the individual
receiving the services;
(b) A combination of lifelong or extended-duration
supervision, training, and other services essential to daily
living, including assessment and evaluation and assistance with
the cost of training materials, transportation, fees, and
supplies;
(c) Personal care services and homemaker services;
(d) Household maintenance that does not include
modifications
to the physical structure of the residence;
(e) Respite care services;
(f) Program management, as described in section 5126.14 of
the Revised Code.
Sec. 5126.011. Whenever a county board of mental retardation
and developmental disabilities is referred to or designated in any
statute, rule, contract, grant, or other document, the reference
or designation shall be deemed to refer to a county board of
developmental disabilities.
Sec. 5126.02. (A) Each county shall either have its own
county board of mental retardation and developmental disabilities
or, pursuant to section 5126.021 or 5126.022 of the Revised Code,
be a member of a multicounty board of mental retardation and
developmental disabilities. Subject to division (B) of this
section:
(1) A county board shall be operated as a separate
administrative and service entity.
(2) The functions of a county board shall not be combined
with the functions of any other entity of county government.
(B) Division (A) of this section does not prohibit or
restrict any county board from sharing administrative functions or
personnel with one or more other county boards, including entering
into an arrangement authorized by division (B) of section
5126.0226 of the Revised Code.
Sec. 5126.021. Subject to sections 5126.024 and 5126.025 of
the Revised Code, a multicounty board of mental retardation and
developmental disabilities may be created if each of the
following, before January 1, 2007, and within a
one-hundred-eighty-day period, adopt an identical resolution or
issue an identical order providing for the creation of the
multicounty board:
(A) A majority of the members of each of the boards of county
commissioners seeking to create the multicounty board;
(B) The senior probate judge of each county served by those
boards of county commissioners.
Sec. 5126.022. Subject to sections 5126.024 and 5126.025 of
the Revised Code, a county that is not part of the creation of a
multicounty board of mental retardation and developmental
disabilities under section 5126.021 of the Revised Code may join
the multicounty board if each of the following, within a sixty-day
period, adopt an identical resolution or issue an identical order
providing for the county to join the multicounty board:
(A) A majority of the members of the board of county
commissioners of the county seeking to join the multicounty board;
(B) A majority of the members of each of the boards of county
commissioners that are members of the multicounty board;
(C) The senior probate judge of the county seeking to join
the multicounty board;
(D) The senior probate judge of each of the counties that are
members of the multicounty board.
Sec. 5126.023. (A) Subject to section 5126.024 of the
Revised Code, the board of county commissioners of a county that
is a member of a multicounty board of mental retardation and
developmental disabilities and the senior probate judge of that
county may terminate the county's membership in the multicounty
board in the manner provided in this section. To terminate the
county's membership in the multicounty board, the board of county
commissioners shall adopt a resolution, and the senior probate
judge shall issue an order, providing for the termination.
(B) A resolution and order of termination adopted or issued
under this section shall specify the last day that the county will
be a member of the multicounty board. The resolution and order
also shall provide for the county to do one of the following on
the day immediately following the last day that the county will be
a member of the multicounty board:
(1) Create a single county board of mental retardation and
developmental disabilities;
(2) If the day immediately following the last day that the
county will be a member of the current multicounty board is before
January 1, 2007, co-create a new multicounty board pursuant to
section 5126.021 of the Revised Code;
(3) Join a different multicounty board pursuant to section
5126.022 of the Revised Code.
(C) A resolution and an order of termination adopted or
issued under this section shall include a plan for the equitable
adjustment and division of all services, assets, property, debts,
and obligations, if any, of the multicounty board that the county
will cease to be a member of.
(D) Any county terminating its membership in a multicounty
board shall continue to have levied against its tax list and
duplicate any tax levied by the board of county commissioners for
mental retardation and developmental disability services during
the period in which the county was a member of the multicounty
board until the levy expires or is renewed or replaced.
Sec. 5126.024. (A) If a board of county commissioners and
senior probate judge propose to join in the creation of, join, or
terminate the county's membership in a multicounty board of mental
retardation and developmental disabilities as provided in section
5126.021, 5126.022, or 5126.023 of the Revised Code, the board of
county commissioners and judge shall do both of the following:
(1) Notify the county board of mental retardation and
developmental disabilities in writing of their intent to join in
the creation of, join, or terminate the county's membership in a
multicounty board, including a written explanation of the
administrative, fiscal, and performance considerations underlying
the proposed action;
(2) Provide the county board an opportunity to comment on the
proposed action.
(B) If the county board, not more than sixty days after
receiving the notice under division (A) of this section, votes to
oppose the proposed action and notifies the board of county
commissioners and judge of the vote, the county may join in
creation of a multicounty board, join a multicounty board, or
terminate the county's membership in a multicounty board only on
the unanimous vote of the board of county commissioners and the
order of that judge to proceed with the creation of, joining, or
termination of the county's membership in a multicounty board.
Sec. 5126.025. Not more than five counties may be members of
the same multicounty board of mental retardation and developmental
disabilities. Only contiguous counties may be members of the same
multicounty board.
Sec. 5126.027. (A) A reference to a county board of mental
retardation and developmental disabilities in a law enacted by the
general assembly shall mean the following:
(1) In the case of a county with its own county board, a
single county board;
(2) In the case of a county that is a member of a multicounty
board, a multicounty board.
(B) Unless the context provides otherwise, a law enacted by
the general assembly that refers to a county, or an entity or
official of a county, that a county board of mental retardation
and developmental disabilities serves shall be deemed to refer to
the following:
(1) In the case of a county with a single county board, that
county or the county entity or official specified in the law;
(2) In the case of a county that is a member of a multicounty
board, each of the counties that are members of the multicounty
board or the specified entity or official of each of those
counties.
Sec. 5126.028. Each county board of mental retardation and
developmental disabilities shall consist of seven members. In the
case of a single county board, the board of county commissioners
of the county shall appoint five members and the senior probate
judge of the county shall appoint two members. In the case of a
multicounty board, the membership shall be appointed as follows:
(A) If there are five member counties, the board of county
commissioners of each of the member counties shall each appoint
one member and the senior probate judges of the member counties
with the largest and second largest population shall each appoint
one member.
(B) If there are four member counties, the board of county
commissioners of the member county with the largest population
shall appoint two members, the other three boards of county
commissioners shall each appoint one member, and the senior
probate judges of the member counties with the largest and second
largest population shall each appoint one member.
(C) If there are three member counties, the boards of county
commissioners of the member counties with the largest and second
largest populations shall each appoint two members, the other
board of county commissioners shall appoint one member, and the
senior probate judges of the member counties with the largest and
second largest population shall each appoint one member.
(D) If there are two member counties, the board of county
commissioners of the member county with the largest population
shall appoint three members, the board of county commissioners of
the other county shall appoint two members, and the senior probate
judge of each county shall each appoint one member.
Sec. 5126.029. (A) When making appointments to a county
board of mental retardation and developmental disabilities, an
appointing authority shall do all of the following:
(1) Appoint only individuals who are residents of the county
the appointing authority serves, citizens of the United States,
and interested and knowledgeable in the field of mental
retardation and other allied fields;
(2) If the appointing authority is a board of county
commissioners, appoint, subject to division (B) of this section,
at least two individuals who are immediate family members of
individuals eligible for services provided by the county board
and, whenever possible, ensure that one of those two members is an
immediate family member of an individual eligible for adult
services and the other is an immediate family member of an
individual eligible for early intervention services or services
for preschool or school-age children;
(3) If the appointing authority is a senior probate judge,
appoint, subject to division (B) of this section, at least one
individual who is an immediate family member of an individual
eligible for residential services or supported living;
(4) Appoint, to the maximum extent possible, individuals who
have professional training and experience in business management,
finance, law, health care practice, personnel administration, or
government service;
(5) Provide for the county board's membership to reflect, as
nearly as possible, the composition of the county or counties that
the county board serves.
(B) The appointing authorities of a multicounty board shall
coordinate their appointments to the extent necessary to satisfy
the requirements of this section. The coordination may provide for
one of the boards of county commissioners making one of the two
appointments required by division (A)(2) of this section and
another board of county commissioners making the other appointment
required by that division. The coordination shall ensure that at
least one of the senior probate judges satisfies the requirement
of division (A)(3) of this section.
Sec. 5126.0210. (A) None of the following individuals may
serve as
a member of
a county board of mental retardation and
developmental
disabilities:
(1) An elected public official, except for
a township
trustee,
township fiscal officer, or individual excluded
from the
definition of public
official or employee in division
(B) of
section 102.01 of the
Revised Code;
(2) An immediate family member of another county board
member;
(3) A county board employee or immediate family member of
a
county board employee;
(4) A former employee of the county board whose employment
with the county board ceased less than one calendar year before
the former employee would begin to serve as a member of the county
board;
(5) An individual who or whose immediate family member is a
board member or an employee of an agency licensed or certified by
the department of mental retardation and developmental
disabilities to provide services to individuals with mental
retardation or developmental disabilities;
(6) An individual who or whose
immediate family member is a
board
member or employee of an agency contracting with the county
board that is not licensed or certified by the department of
mental retardation and developmental disabilities to provide
services to individuals with mental retardation or developmental
disabilities unless there is
no conflict
of interest;
(7) An individual with an immediate family member who serves
as a county
commissioner of a county served by the county board
unless the
individual was a member of the county board before
October 31, 1980.
(B) All questions relating to the existence of a conflict of
interest for the purpose of division (A)(6) of this section shall
be submitted to the local prosecuting attorney for resolution. The
Ohio ethics commission may examine any issues arising under
Chapter 102. and sections 2921.42, 2921.421, and 2921.43 of the
Revised Code.
Sec. 5126.0211. (A) No individual may be appointed or
reappointed to a county board of mental retardation and
developmental disabilities unless the individual, before the
appointment or reappointment, provides to the appointing authority
a written declaration specifying both of the following:
(1) That no circumstance described in section 5126.0210 of
the Revised Code exists that bars the individual from serving on
the county board;
(2) Whether the individual or an immediate family member of
the individual has an ownership interest in or is under contract
with an agency contracting with the county board, and, if such an
ownership interest or contract exists, the identity of the agency
and the nature of the relationship to that agency.
(B) On appointment or reappointment of an individual to the
county board, the appointing authority shall provide a copy of the
individual's declaration to the superintendent of the county
board. The declaration is a public record for the purpose of
section 149.43 of the Revised Code.
Sec. 5126.0212. Except for members appointed under section
5126.0214 of the Revised Code to fill a vacancy, members of a
county board of mental retardation and developmental disabilities
shall be appointed or reappointed not later than the last day of
November, commence their terms on the date of the stated annual
organizational meeting in the following January as provided under
section 5126.0216 of the Revised Code, and serve terms of four
years. The membership of an individual appointed as an immediate
family member of a recipient of services shall not be terminated
because the services are no longer received.
Sec. 5126.0213. Except as otherwise provided in this
section
and section 5126.0225 of the Revised
Code, a member of a county
board of mental retardation and developmental disabilities may be
reappointed to the county board.
Prior to making a
reappointment,
the appointing authority
shall
ascertain, through written
communication with the board,
that the
member being considered for
reappointment meets the
requirements
of sections 5126.029 and
5126.0225 of
the Revised
Code.
A member who has served during each of
three
consecutive
terms shall not be reappointed for a subsequent term
until
two
years after ceasing to be a member of the
county board,
except
that a member who has served for
ten years or
less within
three
consecutive terms may be reappointed for a
subsequent term
before
becoming ineligible for reappointment for
two years.
Sec. 5126.0214. Within sixty days after a vacancy on a
county board of mental retardation and developmental disabilities
occurs, including a vacancy created under section 5126.0220 of the
Revised Code, the appointing authority shall fill the vacancy for
the unexpired term. Before filling a vacancy, the appointing
authority shall cause a notice of the vacancy to be published on
at least two separate dates in one or more newspapers serving the
county or counties the county board serves.
A member appointed to fill a vacancy occurring before the
expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of that term.
Sec. 5126.0215. Members of a county board of mental
retardation and developmental disabilities shall serve without
compensation, but shall be reimbursed for necessary expenses
incurred in the conduct of county board business, including
expenses that are incurred in the member's county of residence in
accordance with an established policy of the county board.
Sec. 5126.0216. Each county board of mental retardation and
developmental disabilities shall hold an organizational meeting
no
later than the thirty-first day of January of each year and
shall
elect its officers, which shall include a president,
vice-president, and recording secretary. After its annual
organizational meeting, the board shall meet in such manner and at
such times as prescribed by rules adopted by the board, but the
board shall meet at least ten times annually in regularly
scheduled sessions in accordance with section 121.22 of the
Revised Code, not including in-service training sessions. A
majority of the board constitutes a quorum. The board shall
adopt
rules for the conduct of its business and a record shall be
kept
of board proceedings, which shall be open for public
inspection.
Sec. 5126.0217. Each year, each member of a county board of
mental retardation and developmental disabilities shall attend at
least four hours of in-service training provided or approved by
the department of mental retardation and developmental
disabilities. This training shall not be considered regularly
scheduled meetings of the county board.
Sec. 5126.0218. A member of a county board of mental
retardation and developmental disabilities shall be considered
present at an in-service training session even though the member
is not physically present in the room in which the session is held
if the member is connected to the session through a system that
enables the member to communicate with the individuals
participating in the session and such individuals to communicate
with the member.
Sec. 5126.0219. In no circumstance shall a member of a
county board of mental retardation and developmental disabilities
participate in or vote on any matter before the county board
concerning a contract agency of which the member or an immediate
family member of the member is also a board member or an employee.
Sec. 5126.0220. (A) Subject to sections 5126.0221 and
5126.0223 of the Revised Code, an appointing authority shall
remove a member of a county board of mental retardation and
developmental disabilities for any of the following reasons:
(4) Ineligibility to serve on the county board pursuant to
section 5126.0210 of the Revised Code;
(5) Failure to attend at least four hours of in-service
training session each year;
(6) Failure to attend within one year four regularly
scheduled board meetings;
(7) Failure to attend within one year two regularly scheduled
board meetings if the member gave no prior notice of the member's
absence;
(8) Consistently poor performance on the county board, as
demonstrated by documentation that the president of the county
board provides to the appointing authority and the appointing
authority determines is convincing evidence.
(B) The removal provisions of divisions (A)(6) and (7) of
this section do not apply to absences from special meetings or
work sessions.
Sec. 5126.0221. An appointing authority shall not remove a
member of a county board of mental retardation and developmental
disabilities from the county board by reason of division (A)(5),
(6), or (7) of section 5126.0220 of the Revised Code if the
director of mental retardation and developmental disabilities
waives the requirement that the member be removed. The director
may issue the waiver only if the appointing authority requests
that the director issue the waiver and provides the director
evidence that is satisfactory to the director that the member's
absences from the in-service training sessions or regularly
scheduled board meetings are due to a serious health problem of
the member or a member of the member's immediate family. The
director's decision on whether to issue the waiver is final and
not subject to appeal.
The county board on which the member serves may pass a
resolution urging the appointing authority to request that the
director issue the waiver. The member whose absences from the
sessions or meetings are at issue may not vote on the resolution.
The appointing authority may request the waiver regardless of
whether the county board adopts the resolution.
Sec. 5126.0222. If there are grounds for the mandatory
removal of a member of a county board of mental retardation and
developmental disabilities under section 5126.0220 of the Revised
Code, the county board shall supply the board member and the
member's appointing authority with written notice of the grounds.
Sec. 5126.0223. An appointing authority shall afford a
member of a county board of mental retardation and developmental
disabilities an opportunity for a hearing on the member's proposed
removal in accordance with procedures the appointing authority
shall establish, unless the appointing authority requested that
the director of mental retardation and developmental disabilities
waive the mandatory removal under section 5126.0221 of the Revised
Code and the director refused to issue the waiver. The appointing
authority shall hold the hearing if the member requests the
hearing not later than thirty days after the date that the county
board sends the member the notice required by section 5126.0222 of
the Revised Code.
Sec. 5126.0224. If a member of a county board of mental
retardation and developmental disabilities requests a hearing
within the time required by section 5126.0223 of the Revised Code,
the appointing authority may not remove the member from the board
before the conclusion of the hearing.
Sec. 5126.0225. A member of a county board of mental
retardation and developmental disabilities who is removed from the
county board is ineligible for reappointment to the board for not
less than one year. The appointing authority shall specify the
time during which the member is ineligible for reappointment. If
the member is removed under division (A)(5) of section 5126.0220
of the Revised Code, the county board shall specify the training
the member must complete before being eligible for reappointment.
Sec. 5126.0226. (A) Each county board
of mental retardation
and developmental disabilities shall either employ a
superintendent or obtain the services of the superintendent of
another county
board of mental retardation and developmental
disabilities. The board shall
provide for a superintendent who is
qualified, as
specified in rules adopted by the department of
mental retardation and
developmental disabilities in accordance
with
Chapter 119. of the Revised Code. The
superintendent shall
have no voting privileges on the board.
The board shall prescribe the duties of its superintendent
and review the
superintendent's performance. The superintendent
may be removed, suspended,
or demoted for cause pursuant to
section 5126.23 of the
Revised Code. The board shall fix the
superintendent's
compensation and reimburse the superintendent for
actual and necessary
expenses.
Each county board that employs its own superintendent shall
employ the
superintendent under a contract. To enter into a
contract, the board shall
adopt a resolution agreeing to the
contract. Each contract for employment or
re-employment of a
superintendent shall be for a term of not less than one and
not
more than five years. At the expiration of a superintendent's
current
term of employment, the superintendent may be re-employed.
If the board intends not to re-employ the superintendent, the
board shall give the superintendent written notification of its
intention. The notice shall be given not less than ninety days
prior to
the expiration of the superintendent's contract.
(B) Two or more county boards may enter into an arrangement
under which the
superintendent of one county board acts as the
superintendent of another
county board. To enter into such an
arrangement, each board shall adopt a
resolution agreeing to the
arrangement. The resolutions shall specify the
duration of the
arrangement and the contribution each board is to make to the
superintendent's compensation and reimbursement for expenses.
(C) If a vacancy occurs in the position of superintendent, a
county board may appoint a person who holds a valid
superintendent's
certificate issued under the rules of the
department to work under a contract
for an interim period not to
exceed one hundred eighty days until a permanent
superintendent
can be employed or arranged for under division (A) or
(B) of this
section. The director of the department may approve
additional
periods of time for these types of interim appointments when so
requested by a resolution adopted by a county board, if the
director
determines that the additional periods are warranted and
the services of a
permanent superintendent are not available.
Sec. 5126.0227. The superintendent of the county board
of
mental retardation and developmental disabilities shall:
(A) Administer the work of the board, subject to the
board's
rules;
(B) Recommend to the board the changes necessary to
increase
the effectiveness of the programs and services offered
pursuant to
Chapters 3323. and 5126. of the Revised Code;
(C) Employ persons for all positions authorized by the
board,
approve contracts of employment for management employees
that are
for a term of one year or less, and approve personnel
actions that
involve employees in the classified civil service as
may be
necessary for the work of the board;
(D) Approve compensation for employees within the limits
set
by the salary schedule and budget set by the board and in
accordance with section 5126.26 of the Revised Code, and ensure
that all employees and consultants are properly reimbursed for
actual and necessary expenses incurred in the performance of
official duties;
(E) Provide consultation to public agencies as defined in
division (C) of section 102.01 of the Revised Code, including
other county boards of mental retardation and developmental
disabilities, and to individuals, agencies, or organizations
providing services supported by the board.
The superintendent may authorize the payment of board
obligations by the county auditor.
Sec. 5126.0228. (A) As used in this section, "specialized
services" has the same meaning as in section 5126.281 of the
Revised Code.
(B) Except as provided in division (C) of section 5126.033 of
the Revised Code,
none of the following individuals may be
employed by a county board of mental retardation and developmental
disabilities:
(1) An employee of an agency contracting with the county
board;
(2) An immediate family member of an employee of an agency
contracting with the county board unless the county board adopts a
resolution authorizing the immediate family member's employment
with the county board or the employment is consistent with a
policy adopted by the board establishing parameters for such
employment and the policy is consistent with Chapter 102. and
sections 2921.42, 2921.421, and 2921.43 of the Revised Code;
(3) An individual with an immediate family member who serves
as a county commissioner of any of the counties served by the
county board unless the individual was an employee of the county
board before October 31, 1980;
(4) An individual who is employed by, has an ownership
interest in, performs or provides administrative duties for, or is
a member of the governing board of an entity that provides
specialized services, regardless of whether the entity contracts
with the county board to provide specialized services.
Sec. 5126.0229. As used in this section, "specialized
services" has the same meaning as in section 5126.281 of the
Revised Code.
Notwithstanding any provision of the Revised Code to the
contrary, including applicable provisions of sections 102.03,
102.04, 2921.42, and 2921.43 of the Revised Code, an employee of a
county board of mental retardation and developmental disabilities
also may be a member of the governing board of a political
subdivision, including the board of education of a school
district, or an agency that does not provide specialized services.
The county board may contract with such a governing board even
though the governing board includes an individual who is an
employee of the county board. That member of the governing board
may not vote on any matter before the governing board concerning a
contract with the county board or participate in any discussion or
debate regarding such a contract.
Sec. 5126.03. As used in this section and in sections
5126.031 to 5126.034
of the Revised Code:
(A) "Direct services contract" means any legally
enforceable
agreement with an individual, agency, or other entity
that,
pursuant to its terms or operation, may result in a payment
from a
county board of mental retardation and developmental
disabilities
to an eligible person or to a member of the immediate family
of an
eligible person for services rendered to the eligible
person.
"Direct services contract" includes a contract for
supported
living pursuant to sections 5126.40 to 5126.47 of the Revised
Code,
family support services under section 5126.11 of the Revised
Code,
and reimbursement for transportation expenses.
(B) "Eligible person" means a person eligible to receive
services from a county board or from an entity under contract
with
a county board.
(C) "Former board member" means a person whose service on
the
county board ended less than one year prior to commencement
of
services under a direct services contract.
(D) "Former employee" means a person whose employment by
the
county board ended less than one year prior to commencement
of
services under a direct services contract.
Sec. 5126.031. (A) Except as provided in division (B) of
this section,
annually at the organizational meeting required by
section
5126.0216 of the Revised Code, the chairperson of the
county board
of mental retardation and developmental disabilities
shall appoint three
members of the board to an
ethics council to
review all direct services contracts. The board's
chairperson may
be one of those appointed. The
superintendent of the board shall
be a nonvoting member of the
council. The chairperson shall not
appoint a person to the
council if the person, or any member of
the person's immediate family, will
have any interest in any
direct services contract under review by the council
while the
person serves on the council or during the twelve-month period
after
completing service on the council. If a council member or a
member of the
council member's immediate family has or will have
such an interest, the
chairperson shall replace the member by
appointing another board member to the
council.
The council shall meet regularly as directed by the
board to
perform its duties. Minutes shall be kept of the
actions of the
council. The minutes shall be part of the public
record of the
county board.
Any action taken by the council on direct services
contracts
under its review shall be in public. The council shall
afford an
affected party the opportunity to meet with the council
on matters
related to a direct services contract or any action
taken by the
council.
(B) If a county board establishes a policy specifying that
the board is not willing to enter into direct services
contracts
with any person who is a board member or former board
member or a
member of the immediate family of a board member or former
board
member, the board may assume the responsibilities and
perform the
duties of an ethics council specified in section 5126.032 of the
Revised Code. The policy shall be established by resolution
adopted
by a majority of the members of the board in attendance at
a
meeting at which there is a quorum and shall be in effect for
one
year after its adoption, at which time the board shall, by
resolution adopted in the same manner as the initial resolution,
either renew the policy or establish a new one.
Sec. 5126.032. (A) The ethics council appointed for a county
board of mental
retardation and developmental disabilities shall
review all direct services contracts, and approve or
disapprove
each contract in accordance with the standards in section
5126.033
of the Revised Code. The council shall develop,
in consultation
with the prosecuting
attorney, and recommend to the board ethical
standards, contract
audit procedures, and grievance procedures
with respect to the award and
reconciliation of direct services
contracts. The superintendent, or an
employee of the county
board
designated by the superintendent, shall, in accordance with
a
policy established by the county board, certify to the council
a
copy of each proposed direct services contract or contract
renewal
at a reasonable time before the contract would take
effect if
entered into or renewed, if, at the time the contract
or renewal
is proposed, resources approved by the board for such
purposes are
available.
The council shall promptly review each direct services
contract certified to it. If the contract does not meet the
conditions
specified in section 5126.033 of the Revised Code, the
council shall recommend
that the board not enter into the contract
or suggest specified revisions.
The superintendent shall provide
all the information the council needs to make its determinations.
The council shall certify to the board its recommendation
with regard to each contract. Except as provided in division
(B)
of this section, the board, by resolution, shall enter
into each
direct services contract that the council recommends or
recommends
with specified revisions. The board shall not enter
into any
contract that is not recommended by the council or enter
into any
contract to which revisions are suggested if the
contract does not
include the specified revisions.
(B) The prosecuting attorney, at the request of the board,
shall prepare a legal review of any direct services contract that
has been recommended, or recommended with revisions, by the
council. The board shall enter into only those contracts
submitted
for review that are determined by the prosecuting
attorney to be
in compliance with state law.
Sec. 5126.033. (A) A county board of mental retardation and
developmental
disabilities shall not enter into a direct services
contract unless the
contract is limited either to the actual
amount of the expenses or to a
reasonable and allowable amount
projected by the board.
(B) A county board shall not enter into a direct
services
contract that would result in payment to a board member, former
board
member, employee, former employee, or member of the
immediate family of a
board member, former board member, employee,
or former employee if the person
who would receive services under
the contract stands to receive any
preferential treatment or any
unfair advantage over other eligible persons.
(C) A county board shall not
enter into a direct services
contract for
services provided in accordance with section 5126.11
or sections
5126.40 to 5126.46 of the Revised Code under which an
individual,
agency, or other entity will employ an individual who
is also
an employee of
that county board unless all of the
following conditions are
met:
(1) The employee is not in a capacity to influence the award
of the contract.
(2) The employee has not attempted in any manner to secure
the contract on
behalf of the individual, agency, or other entity.
(3)
The employee is not employed in management level two or
three
according to rules adopted by the director of mental
retardation
and developmental disabilities and does not provide
service and support administration.
(4) The employee
is not
employed by the board during the
period when the contract
is
developed
as an administrator or
supervisor responsible for
approving or supervising services to be
provided under the
contract and agrees not to take such a position
while the
contract
is in effect, regardless of whether the
position is
related to the
services provided under the contract.
(5) The employee has not taken any actions that create
the
need for the services to be provided under the contract.
(6) The individual, agency, or other entity seeks the
services of the
employee because of the employee's expertise and
familiarity with the care and
condition of one or more eligible
persons and
other individuals with such expertise and familiarity
are
unavailable, or an eligible person has requested to have the
services provided by that employee.
The superintendent of the county board shall notify
the
employee and the individual, agency, or other entity that
seeks
the employee's services of the ethics council's
determination
under section 5126.032 of the Revised Code regarding the
contract.
The council's determination shall be binding on all parties.
The employee who is the subject of the contract shall
inform
the superintendent of the county board of any employment
the
employee has outside the county board that is with any
individual,
agency, or other entity that has a contract with the county board.
Sec. 5126.034. (A) If the requirements of section 5126.033
of the Revised
Code have been met for a particular
direct services
contract, a member or former member of a county board of mental
retardation and
developmental disabilities, an employee or former
employee of a county board, or an immediate family member of a
member,
former member, employee, or former employee of a county
board is not in
violation of the restrictions in Chapter 102. and
sections
2921.42 and 5126.0210 of the Revised Code with regard to
that contract.
(B) Nothing in section 5126.033 of the Revised Code shall be
construed to
allow a member or employee of a county board to
authorize, or use the
authority of the member's or employee's
office or employment
to secure authorization of,
a contract that
could result in receipt by the county board member or
employee or
a member of the immediate family of the county board member or
employee of payment for expenses incurred on behalf of an
immediate family
member who is an eligible person.
Sec. 5126.037. No county board of mental retardation and
developmental disabilities shall contract with a nongovernmental
agency whose board includes a county commissioner of any of the
counties served by the county board.
Sec. 5126.038. (A) As used in this section, "professional
services" means all of the following services provided on behalf
of a county board of mental retardation and developmental
disabilities, members or employees of a county board, or both:
(1) Lobbying and other governmental affairs services;
(2) Legal services other than the legal services provided
by
a county prosecutor or provided for the purpose of collective
bargaining;
(3) Public relation services;
(5) Personnel training services, not including tuition or
professional growth reimbursement programs for county board
members or employees.
(B) Each county board of mental retardation and developmental
disabilities shall submit to the board of county commissioners of
each county that is served by the county board, in accordance with
the normal budget process and as part of its budget request, a
list identifying the total expenditures projected for any of the
following:
(1) Any membership dues of the members or employees of the
county board, in any organization, association, or other entity;
(2) Any professional services of the county board, its
members or employees, or both;
(3) Any training of the members or employees of the county
board.
Sec. 5126.04. (A) Each county board
of mental retardation
and developmental disabilities shall plan and set
priorities based
on available resources for the provision of facilities,
programs,
and other services to meet the needs of county residents who are
individuals with mental retardation and other developmental
disabilities,
former residents of the county residing in state
institutions or placed under
purchase of service agreements under
section 5123.18 of the Revised Code, and
children subject to a
determination made pursuant to section 121.38 of the
Revised Code.
Each county board shall assess the facility and service needs
of the
individuals with mental retardation and other developmental
disabilities who
are residents of the county or former residents
of the county residing in
state institutions or placed under
purchase of service agreements under
section 5123.18 of the
Revised Code.
Each county board shall require individual habilitation or
service plans
for individuals with mental retardation and other
developmental disabilities
who are being served or who have been
determined eligible for services and are
awaiting the provision of
services. Each board shall ensure that methods of
having their
service needs evaluated are available.
(B)(1) If a foster child is in need of assessment for
eligible services or is receiving services from a county board of
mental retardation and developmental disabilities and that child
is placed in a different county, the agency that placed the child,
immediately upon placement, shall inform the county board in the
new county all of the following:
(a) That a foster child has been placed in that county;
(b) The name and other identifying information of the foster
child;
(c) The name of the foster child's previous county of
residence;
(d) That the foster child was in need of assessment for
eligible services or was receiving services from the county board
of mental retardation and developmental disabilities in the
previous county.
(2) Upon receiving the notice described in division (B)(1) of
this section or otherwise learning that the child was in need of
assessment for eligible services or was receiving services from a
county board of mental retardation and developmental disabilities
in the previous county, the county board in the new county shall
communicate with the county board of the previous county to
determine how services for the foster child shall be provided in
accordance with each board's plan and priorities as described in
division (A) of this section.
If the two county boards are unable to reach an agreement
within ten days of the child's placement, the county board in the
new county shall send notice to the Ohio department of mental
retardation and developmental disabilities of the failure to
agree. The department shall decide how services shall be provided
for the foster child within ten days of receiving notice that the
county boards could not reach an agreement. The department may
decide that one, or both, of the county boards shall provide
services. The services shall be provided in accordance with the
board's plan and priorities as described in division (A) of this
section.
(C) The department of mental retardation and developmental
disabilities may
adopt rules in accordance with Chapter 119. of
the Revised Code as necessary
to implement this section. To the
extent that rules adopted under this
section apply to the
identification and placement of children with disabilities
under
Chapter
3323. of the Revised Code, the rules shall be consistent
with
the
standards and procedures established under sections
3323.03 to
3323.05 of
the Revised Code.
(D) The responsibility or authority of a
county board to
provide services under this chapter does not affect the
responsibility of any other entity of state or local government to
provide
services to individuals with mental retardation and
developmental
disabilities.
(E) On or before the first day of
February prior to a
school
year, a county board of mental retardation and
developmental
disabilities may elect not to participate during
that school
year
in the provision of or contracting for
educational services
for
children ages six through twenty-one
years of age, provided
that
on or before that date the board gives
notice of this
election to
the superintendent of public
instruction, each
school district in
the county, and the
educational service
center serving the
county. If a board makes
this election, it
shall not have any
responsibility for or
authority to provide
educational services
that school year for
children ages six
through twenty-one years
of age. If a board does
not make an
election for a school year in
accordance with this
division, the
board shall be deemed to have
elected to participate
during that
school year in the provision
of or contracting for
educational
services for children ages six
through twenty-one
years of
age.
(F) If a county board of
mental retardation and
developmental disabilities elects to
provide educational services
during a school year to individuals
six through twenty-one years
of age who have multiple disabilities, the board may provide these
services to individuals
who are appropriately identified and
determined eligible
pursuant to Chapter 3323. of
the Revised
Code,
and in accordance with
applicable rules of the state board of
education. The county
board may also provide related services to
individuals six
through twenty-one years of age who have one or
more disabling
conditions, in accordance with section 3317.20 and
Chapter 3323. of the
Revised
Code and applicable rules of
the
state board of education.
Sec. 5126.041. (A) As used in this section:
(1) "Biological risk" and "environmental risk" have the
meanings established
pursuant to section 5123.011 of the Revised
Code.
(2) "Preschool child with a disability"
has the same
meaning as in
section 3323.01
of the Revised Code.
(3) "State institution" means all or part of an
institution
under the control of the department of mental
retardation and
developmental disabilities pursuant to section
5123.03 of the
Revised Code and maintained for the care,
treatment, and training
of the mentally retarded.
(B) Except as provided in division (C) of this section,
each
county board of mental retardation and developmental
disabilities
shall make eligibility determinations in accordance
with the
definition of "developmental disability" in section
5126.01 of the
Revised Code. Pursuant to rules the department of
mental
retardation and developmental disabilities shall adopt in
accordance with Chapter 119. of the Revised Code, a county board
may establish eligibility for programs and services for either of
the following:
(1) Individuals under age six who have a biological risk
or
environmental risk of a developmental delay;
(2) Any preschool child with a disability
eligible for
services
under section 3323.02 of the Revised Code
whose
disability is not
attributable solely to mental
illness as
defined in section
5122.01 of the Revised Code.
(C)(1) A county board shall make determinations of
eligibility for
service and support
administration in accordance
with
rules adopted under
section
5126.08 of the Revised Code.
(2) All persons who were eligible for services and
enrolled
in programs offered by a county board of mental
retardation and
developmental disabilities pursuant to this
chapter on July 1,
1991, shall continue to be eligible for those
services and to be
enrolled in those programs as long as they are
in need of
services.
(3) A person who resided in a state institution on or
before
October 29, 1993, is eligible for programs and services offered by
a
county board of mental
retardation and developmental
disabilities, unless the person is
determined by the county board
not to be in need of those
programs and services.
(D) A county board shall refer a person who requests but
is
not eligible for programs and services offered by the board to
other entities of state and local government or appropriate
private entities that provide services.
(E) Membership of a person on, or employment of a person by,
a
county board of mental retardation and developmental
disabilities
does not affect the
eligibility of any member of that
person's family for
services provided by the board or by any
entity under contract with the board.
Sec. 5126.042. (A) As used in this section:
(1) "Emergency"
means any situation that creates for an
individual with mental
retardation or developmental disabilities
a
risk of
substantial
self-harm or substantial harm to others if
action is not taken
within thirty days. An
"emergency" may
include
one or more of the
following
situations:
(a) Loss of present residence for any reason, including
legal
action;
(b) Loss of present caretaker for any reason, including
serious
illness of the caretaker, change in the caretaker's
status, or inability of
the caretaker to perform effectively for
the individual;
(c) Abuse, neglect, or exploitation of the individual;
(d) Health and safety conditions that pose a serious risk
to
the
individual or others of immediate harm or death;
(e) Change in the emotional or physical condition of the
individual that necessitates substantial accommodation that cannot
be
reasonably provided by the individual's existing caretaker.
(2) "Service substitution list" means a service substitution
list established by a county board of mental retardation and
developmental disabilities before the effective date of this
amendment September 1, 2008, pursuant to division (B) of this
section as this section
existed on the day immediately before the
effective date of this
amendment September 1, 2008.
(B) If a county board of mental
retardation and
developmental
disabilities determines that
available resources are
not
sufficient to meet the needs of all
individuals who request
programs and services and may be offered
the programs and
services, it shall establish waiting lists for
services. The
board
may establish priorities for making placements on its
waiting
lists according to an individual's emergency
status
and
shall
establish priorities in accordance with divisions
(D) and (E) of
this
section.
The individuals who may be placed on a waiting list include
individuals
with a need for services on an emergency
basis and
individuals who
have requested services for which
resources are
not available.
An individual placed on a county board's service substitution
list before the effective date of this amendment September 1,
2008, for the purpose
of obtaining home and community-based
services shall be deemed to
have been placed on the county
board's waiting list for home and
community-based services on the
date the individual made a request
to the county board that the
individual receive home and
community-based services instead of
the services the individual
received at the time the request for
home and community-based
services was made to the county board.
(C) A county board shall establish a separate waiting list
for each of the following categories of services, and may
establish separate waiting lists within the waiting lists:
(1) Early childhood services;
(2) Educational programs for preschool and school age
children;
(4)
Service and support
administration;
(5) Residential services and supported living;
(6) Transportation services;
(7) Other services determined necessary and appropriate
for
persons with
mental retardation or a developmental disability
according to their
individual habilitation or service plans;
(8) Family support services provided under section 5126.11
of
the Revised
Code.
(D)
Except as provided in division
(G) of this section, a
county board shall do, as priorities, all of the following in
accordance with the
assessment component, approved under section
5123.046 of the Revised Code, of the
county
board's plan
developed
under section
5126.054 of the Revised
Code:
(1) For the purpose of obtaining additional federal
medicaid
funds for home and community-based services and medicaid
case
management services, do
both of
the following:
(a) Give an individual who is eligible for home and
community-based services and meets both of the following
requirements priority over any other individual on a waiting list
established under division (C) of this section for home and
community-based services that include supported living,
residential services, or family support services:
(i) Is twenty-two years of age or older;
(ii) Receives supported living or family support services.
(b) Give an individual who is eligible for home and
community-based services and meets both of the following
requirements priority over any other individual on a waiting list
established under division (C) of this section for home and
community-based services that include adult services:
(i) Resides in the individual's own home or the home of the
individual's family and will continue to reside in that home after
enrollment in home and community-based services;
(ii) Receives adult services from the county board.
(2) As federal medicaid funds become available pursuant to
division (D)(1) of this section,
give an
individual who is
eligible for home and community-based services
and meets any of
the following requirements priority for such services over any
other individual on a waiting list established under division (C)
of this section:
(a) Does not receive residential services or supported
living, either needs services in the individual's current living
arrangement or will need services in a new living arrangement, and
has a primary caregiver who is sixty years of age or older;
(b) Is less than twenty-two years of age and has at least
one
of the following
service needs that are
unusual in scope or
intensity:
(i) Severe behavior problems for
which a behavior support
plan is needed;
(ii) An emotional disorder for which anti-psychotic
medication is needed;
(iii) A medical condition that leaves the individual
dependent on life-support medical technology;
(iv) A condition affecting multiple body systems for which
a
combination of specialized medical, psychological, educational,
or
habilitation services are needed;
(v) A condition the county board determines to be
comparable
in severity to any condition described in divisions
(D)(2)(b)(i)
to
(iv) of this section and places the individual at
significant
risk
of institutionalization.
(c) Is twenty-two years of age or older, does not receive
residential services or supported living, and is determined
by
the
county board to have intensive needs for
home and
community-based
services
on an in-home or out-of-home basis.
(E) Except as provided in division (G) of this section and
for a number of years and beginning on a date specified in rules
adopted under division (K) of this section, a county board shall
give an individual who is eligible for home and community-based
services, resides in a nursing facility, and chooses to move to
another setting with the help of home and community-based
services, priority over any other individual on a waiting list
established under division (C) of this section for home and
community-based services who does not meet these criteria.
(F)
If two or more individuals on a waiting list established
under division (C) of this section for home and community-based
services have priority for the services pursuant to division
(D)(1) or (2) or (E) of this section, a county board may use
criteria specified in rules adopted
under
division (K)(2) of this
section in determining the order in
which
the individuals with
priority will be offered the services.
Otherwise, the county board
shall offer the home and
community-based services to such
individuals in the order they are
placed on the waiting list.
(G) No individual may receive priority for services
pursuant
to division (D) or (E) of this section over an individual
placed
on a waiting list established under division (C) of this
section
on an emergency status.
(H) Prior to establishing any waiting list under this
section, a county board shall develop and implement a policy for
waiting lists that complies with
this section and rules
adopted
under division (K) of this
section.
Prior to placing an individual on a waiting list, the county
board
shall assess the service needs of the individual in
accordance
with all applicable state and federal laws. The county
board
shall place the individual on the appropriate waiting list
and
may place the individual on more than one waiting list.
The
county board shall notify the individual of the individual's
placement and position on each waiting list on which the
individual is placed.
At least annually, the county board shall reassess the
service needs of each individual on a waiting list. If it
determines that an individual no longer needs a program or
service, the county board shall remove the individual from
the
waiting list. If it determines that an individual needs a program
or
service other than the one for which the individual is on the
waiting list,
the county board shall provide the program or
service to the
individual or place the individual on a waiting
list for the
program or service in accordance with the board's
policy for waiting lists.
When a program or service for which there is a waiting list
becomes available, the county board shall reassess the service
needs of the individual next scheduled on the waiting list to
receive that program or service. If the reassessment
demonstrates
that the individual continues to need the program or
service, the
board shall offer the program or service to the
individual. If it
determines that an individual no longer needs a program or
service, the county board shall remove the individual from the
waiting list.
If it determines that an individual needs a program
or service other than the
one for which the individual is on the
waiting list, the
county board shall provide the program or
service to the
individual or place the individual on a waiting
list for the program or
service in accordance with the board's
policy for waiting lists.
The county board shall notify the
individual of the individual's placement and position on the
waiting list on which the individual is placed.
(I) A child subject to a determination made pursuant to
section
121.38 of the Revised Code who requires the home
and
community-based services provided through a
medicaid component
that the department of
mental retardation and developmental
disabilities administers
under
section 5111.871 of the
Revised
Code shall
receive services through
that
medicaid component. For
all other services, a child subject
to a
determination
made
pursuant to section 121.38 of the Revised Code
shall
be
treated as
an emergency by the county boards and shall
not be
subject to a
waiting list.
(J) Not later than the fifteenth day of
March of each
even-numbered year, each county board
shall prepare and submit to
the director of mental
retardation and developmental disabilities
its recommendations for the funding
of services for individuals
with mental retardation and developmental
disabilities and its
proposals for reducing the waiting lists for services.
(K)(1) The department of mental retardation and
developmental
disabilities shall adopt rules in accordance with
Chapter 119. of
the Revised Code governing waiting lists
established under this
section. The rules shall include procedures
to be followed to
ensure that the due process rights of
individuals placed on
waiting lists are not violated.
(2) As part of the rules adopted under this division, the
department shall adopt rules
establishing criteria a county board
may use under division (F) of
this section in determining the
order in which individuals with
priority for home and
community-based services will be offered
the
services. The rules
shall also specify conditions under which
a
county board, when
there is no individual with priority for home
and community-based
services pursuant to division (D)(1) or (2) or (E) of
this section
available and appropriate for the services,
may offer
the services
to an individual on a waiting list for the
services
but not given
such priority for the services.
(3) As part of the rules adopted under this division, the
department shall adopt rules specifying both of the following for
the priority category established under division (E) of this
section:
(a) The number of years, which shall not exceed five, that
the priority category will be in effect;
(b) The date that the priority category is to go into effect.
(L) The following shall take precedence over the
applicable
provisions of this section:
(1) Medicaid rules and regulations;
(2) Any specific requirements that may be contained within a
medicaid
state plan amendment or waiver program that a county
board has authority to
administer or with respect to which it has
authority to provide services,
programs, or supports.
Sec. 5126.044. (A) As used in this section,
"eligible
person" has the same meaning as
in section 5126.03 of the Revised
Code.
(B) Except as provided in division (D) of this section, no
person shall disclose the identity of an individual who requests
programs or services under this chapter or release a record or
report regarding an eligible person that is maintained by a
county
board of mental retardation and developmental disabilities
or an
entity under contract with a county board unless one of the
following circumstances exists:
(1) The individual, eligible person, or the individual's
guardian, or, if the individual is a minor, the
individual's
parent or guardian, makes a written request
to the county board or
entity for or approves in writing
disclosure of the individual's
identity or release of the record
or report regarding the eligible
person.
(2) Disclosure of the identity of an individual is needed
for
approval of a direct services contract under section 5126.032
or
5126.033 of the Revised Code. The county board shall release
only
the individual's name and the general nature of the services
to be
provided.
(3) Disclosure of the identity of the individual is needed
to
ascertain that the county board's waiting lists for programs
or
services are being maintained in accordance with section
5126.042
of the Revised Code and the rules adopted under that
section. The
county board shall release only the individual's
name, the general
nature of the programs or services to be
provided the individual,
the individual's rank on each
waiting list that
includes the
individual, and any circumstances under which the
individual was
given priority when placed on a waiting list.
(C) A board or entity that discloses an individual's
identity
or releases a record or report regarding an eligible
person shall
maintain a record of when and to whom the disclosure
or release
was made.
(D)(1) At the request of an eligible person or the person's
guardian or, if the eligible person is a minor,
the person's
parent or guardian, a county
board or entity under contract with a
county board shall provide
the person who made the request access
to records and reports
regarding the eligible person. On written
request, the county
board or entity shall provide copies of the
records and reports
to the eligible person, guardian, or parent.
The county board or
entity may charge a reasonable fee to cover
the costs of copying. The county
board or entity may waive the fee
in cases of hardship.
(2) A county board shall provide access to any waiting
list
or record or report regarding an eligible person maintained by the
board
to any state agency responsible for monitoring and reviewing
programs
and services provided or arranged by the county board,
any state
agency involved in the coordination of services for an
eligible
person, and any agency under contract with the department
of
mental retardation and developmental disabilities for the
provision of protective service pursuant to section 5123.56 of
the
Revised Code.
(3) When an eligible person who requests programs or services
under this chapter dies, the county board or entity under contract
with the county board, shall, on written request, provide to both
of the
following persons any reports and records
in the board or
entity's possession concerning the eligible
person:
(a) If the report or records are necessary to administer the
estate of the person who is the subject of the reports or records,
to the executor or administrator of
the person's estate;
(b) To the guardian of the person who is the subject of the
reports or records or, if the individual had no guardian at the
time
of death, to a person in the
first applicable of the
following categories:
(ii) The person's children;
(iii) The person's parents;
(iv) The person's brothers or sisters;
(v) The person's uncles or aunts;
(vi) The person's closest relative by blood or adoption;
(vii) The person's closest relative by marriage.
The county board or entity shall provide the reports and
records
as required by division (D)(3) of this section not later
than
thirty days after receipt of the request.
(E) A county board shall notify an eligible person, the
person's
guardian, or, if the eligible person is a minor, the
person's parent or
guardian, prior to destroying any record or
report regarding the eligible
person.
Sec. 5126.045. (A) As used in this section, "eligible
person" means a person
eligible to receive services from a county
board of mental retardation and
developmental disabilities or from
an entity under contract with a county
board.
(B) A county board shall establish fees for services rendered
to eligible
persons if such fees are required by federal
regulation and by rule adopted by
the director of mental
retardation and developmental disabilities.
A county board may provide services to a person who does not
meet the
standards for eligibility. The board may establish fees
for these services,
which may be paid for by the person, by
another person on the person's behalf
of the ineligible person, or
by another governmental entity.
Sec. 5126.046. (A) Each county board of mental retardation
and developmental disabilities that has medicaid local
administrative
authority under division (A) of section 5126.055 of
the Revised
Code for habilitation, vocational, or community
employment
services provided as part of home and community-based
services
shall create a list of all persons and government
entities
eligible to provide such habilitation, vocational, or
community
employment services. If the county board chooses and is
eligible
to provide such habilitation, vocational, or community
employment
services, the county board shall include itself on the
list. The
county board shall make the list available to each
individual with
mental retardation or other developmental
disability who resides
in the county and is eligible for such
habilitation, vocational,
or community employment services. The
county board shall also
make the list available to such
individuals' families.
An individual with mental retardation or other
developmental
disability who is eligible for habilitation,
vocational, or
community employment services may choose the
provider of the
services.
(B) Each month, the department of mental retardation and
developmental disabilities shall create a list of all persons and
government entities eligible to provide residential services and
supported living. The department shall include on the list all
residential facilities licensed under section 5123.19 of the
Revised Code and all supported living providers certified under
section 5123.161 of the Revised Code. The department
shall
distribute the monthly lists to county boards that have
local
administrative authority under division (A) of section
5126.055
of
the Revised Code for residential services and
supported living
provided as part of home and community-based
services. A county
board that receives a list shall make it
available to each
individual with mental retardation or other
developmental
disability who resides in the county and is eligible
for such
residential services or supported living. The county
board shall
also make the list available to the families of those
individuals.
An individual who is eligible for residential services or
supported living may choose the provider of the residential
services or supported living.
(C) If a county board that has medicaid local
administrative
authority under division (A) of section 5126.055 of
the Revised
Code for home and community-based services violates
the right
established by this section of an individual to choose a
provider
that is qualified and willing to provide services to the
individual, the individual shall receive timely notice that the
individual may request a hearing under section 5101.35 of the
Revised Code.
(D) The departments of mental retardation and developmental
disabilities and job and family services shall adopt rules in
accordance with Chapter 119. of the Revised Code governing the
implementation of this section. The rules shall include
procedures
for individuals to choose their service providers. The
rules shall
not be limited by a provider selection system
established under
section 5126.42 of the Revised Code, including
any pool of
providers created pursuant to a provider selection
system.
Sec. 5126.05. (A) Subject to the rules established by the
director of
mental retardation and developmental disabilities
pursuant to
Chapter 119. of the Revised Code for programs and
services
offered pursuant to this chapter, and subject to the
rules
established by the state board of education pursuant to
Chapter
119. of the Revised Code for programs and services offered
pursuant to Chapter 3323. of the Revised Code, the county board
of
mental retardation and developmental disabilities shall:
(1) Administer and operate facilities, programs, and
services
as provided by this chapter and Chapter 3323. of the
Revised Code
and establish policies for their administration and
operation;
(2) Coordinate, monitor, and evaluate existing services
and
facilities available to individuals with mental retardation and
developmental disabilities;
(3) Provide early childhood services, supportive home
services, and adult services, according to the plan and
priorities
developed under section 5126.04 of the Revised Code;
(4) Provide or contract for special education
services
pursuant to Chapters 3317.
and
3323. of the Revised Code and
ensure that related services, as
defined in section 3323.01 of the
Revised Code, are available
according to the plan and priorities
developed under section 5126.04
of the Revised Code;
(5) Adopt a budget, authorize expenditures for the
purposes
specified in this chapter and do so in accordance with
section
319.16 of the Revised Code, approve attendance of board
members
and employees at professional meetings and approve
expenditures
for attendance, and exercise such powers and duties
as are
prescribed by the director;
(6) Submit annual reports of its work and expenditures,
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to
the director, the superintendent of public instruction, and the
board of county commissioners at the close of the fiscal year and
at such other times as may reasonably be requested;
(7) Authorize all positions of employment, establish
compensation, including but not limited to salary schedules and
fringe benefits for all board employees, approve contracts of
employment for management employees that are for a term of more
than one year, employ legal counsel under section 309.10 of the
Revised Code, and contract for employee benefits;
(8) Provide
service and support administration in
accordance
with section
5126.15 of the Revised
Code;
(9) Certify respite care homes pursuant to rules adopted
under section 5123.171 of the Revised Code by the director of
mental retardation and developmental disabilities.
(B) To the extent that rules adopted under this section
apply
to the identification and placement of children
with
disabilities
under Chapter 3323. of the Revised Code, they shall
be consistent
with the standards and procedures established under
sections
3323.03 to 3323.05 of the Revised Code.
(C) Any county board may enter into contracts with other
such
boards and with public or private, nonprofit, or
profit-making
agencies or organizations of the same or another
county, to
provide the facilities, programs, and services
authorized or
required, upon such terms as may be agreeable, and
in accordance
with this chapter and Chapter 3323. of the Revised
Code and rules
adopted thereunder and in accordance with sections
307.86 and
5126.071 of the Revised Code.
(D) A county board may combine transportation for children
and adults enrolled in programs and services offered under
section
5126.12 with transportation for children
enrolled in
classes
funded under section 3317.20 or units approved under section
3317.05 of the Revised
Code.
(E) A county board may purchase all necessary insurance
policies, may purchase equipment and supplies through the
department of administrative services or from other sources, and
may enter into agreements with public agencies or nonprofit
organizations for cooperative purchasing arrangements.
(F) A county board may receive by gift, grant, devise, or
bequest any moneys, lands, or property for the benefit of the
purposes for which the board is established and hold, apply, and
dispose of the moneys, lands, and property according to the terms
of the gift, grant, devise, or bequest. All money received by
gift, grant, bequest, or disposition of lands or property
received
by gift, grant, devise, or bequest shall be deposited in
the
county treasury to the credit of such board and shall be
available
for use by the board for purposes determined or stated
by the
donor or grantor, but may not be used for personal
expenses of the
board members. Any interest or earnings accruing
from such gift,
grant, devise, or bequest shall be treated in the
same manner and
subject to the same provisions as such gift,
grant, devise, or
bequest.
(G) The board of county commissioners shall levy taxes and
make appropriations sufficient to enable the county board of
mental retardation and developmental disabilities to perform its
functions and duties, and may utilize
any available local, state,
and federal funds for such purpose.
Sec. 5126.051. (A) To the extent that resources are
available, a county board of mental retardation and developmental
disabilities
shall provide for or arrange residential services
and
supported
living for individuals with mental retardation and
developmental disabilities.
A county board may acquire, convey, lease, or sell property
for residential services and supported living and enter into loan
agreements,
including mortgages, for the acquisition of such
property. A
county board is not required to comply with
provisions
of Chapter
307. of the Revised Code providing for
competitive
bidding or
sheriff sales in the acquisition, lease,
conveyance, or
sale of
property under this division, but the
acquisition, lease,
conveyance, or sale must be at fair market
value determined by
appraisal of one or more disinterested persons
appointed by the
board.
Any action taken by a county board under this division that
will incur debt on the part of the county shall be taken in
accordance with Chapter 133. of the Revised Code. A county board
shall not incur any debt on the part of the county without the
prior approval of the board of county commissioners.
(B)(1) To the extent that resources are available, in
addition to sheltered employment and work activities provided as
adult services pursuant to division (A)(3) of section
5126.05 of
the Revised Code, a county board of mental retardation
and
developmental disabilities may provide or arrange for job
training, vocational evaluation, and community employment
services
to mentally retarded and developmentally disabled
individuals who
are age eighteen and older and not enrolled in a
program or
service under Chapter 3323. of the Revised Code or age
sixteen or
seventeen and eligible for adult services under rules
adopted by
the director of mental retardation and developmental
disabilities
under Chapter 119. of the Revised Code. These
services shall be
provided in accordance with the individual's
individual service or
habilitation plan and shall include support
services specified in
the plan.
(2) A county board may, in cooperation with the Ohio
rehabilitation services commission, seek federal funds for job
training and community employment.
(3) A county board may contract with any agency, board, or
other entity that is accredited by the commission on
accreditation
of rehabilitation facilities to provide services. A county
board
that is accredited by the commission on
accreditation of
rehabilitation facilities may provide services
for which it is
certified by the commission.
(C) To the extent that resources are available, a county
board may provide services to an individual with mental
retardation or
other developmental disability in addition to those
provided
pursuant to this section, section 5126.05 of the Revised
Code, or any other section of this chapter. The services
shall be
provided in accordance with the
individual's habilitation or
service plan and may be provided in
collaboration with other
entities of state or local government.
Sec. 5126.052. (A) The superintendent of a county board
of
mental retardation and developmental disabilities providing
transportation for pupils to special education programs under
this
chapter may establish a volunteer bus rider assistance
program
under which qualified persons may be authorized to ride
with
pupils to and from such programs. Volunteers shall not be
compensated for their services and are not employees for purposes
of Chapter 4117. or 4123. of the Revised Code. Nothing in this
section authorizes a superintendent or board to adversely affect
the employment of any employee of the board.
Volunteers may be assigned duties or responsibilities by
the
superintendent, including but not limited to, assisting
pupils in
embarking and disembarking from buses and in crossing
streets
where necessary to ensure the safety of the pupil,
assisting the
bus driver, and such other activities as the
superintendent
determines will aid in the safe and efficient
transportation of
pupils.
(B) The superintendent shall ensure that each pupil
receiving
transportation under this chapter is instructed in
school bus
safety, proper bus rider behavior, and the potential
problems and
hazards associated with school bus ridership. Such
instruction
shall occur within two weeks after the pupil first
receives
transportation under this chapter.
Sec. 5126.054. (A) Each county board of mental retardation
and developmental disabilities shall, by resolution, develop a
three-calendar year plan that includes
the following
three
components:
(1) An assessment component that includes all of the
following:
(a) The number of individuals with mental retardation or
other developmental disability residing in the county who need the
level of care provided by an intermediate care facility for the
mentally retarded, may seek home and community-based services,
are
given priority for the services pursuant to division (D) of
section 5126.042 of the Revised Code; the service needs of those
individuals; and the projected
annualized cost for services;
(b) The source of funds available to the county board to pay
the nonfederal share of medicaid expenditures that the county
board is required by sections
5126.059 and 5126.0510 of
the
Revised Code to pay;
(c) Any other applicable information or conditions that the
department of mental retardation and developmental disabilities
requires as a condition of approving the
component under
section
5123.046 of the Revised Code.
(2) (A preliminary implementation component that specifies
the
number of individuals to be provided, during the first year
that
the plan
is in effect, home and community-based services
pursuant
to the
priority given to them under divisions (D)(1) and
(2) of
section
5126.042 of the Revised Code and the types of home
and
community-based services the individuals are to receive;
(3) A component that provides for the implementation of
medicaid case management services
and home and community-based
services for individuals who begin to
receive the services on or
after the date the plan is approved
under section 5123.046 of the
Revised Code. A county board shall
include all of the following in
the component:
(a) If the department of mental retardation and
developmental
disabilities or department of job and family
services requires, an
agreement to pay the nonfederal share of
medicaid expenditures
that the county board is required by
sections 5126.059 and
5126.0510 of the Revised Code to
pay;
(b) How the services are to be phased in over the period
the
plan covers, including how the county board will serve
individuals
on a waiting list established under division (C) of
section
5126.042 who are given priority status under division
(D)(1)
of
that section;
(c) Any agreement or commitment regarding the county
board's
funding of home and community-based services that the
county board
has with the department at the time the county board
develops the
component;
(d) Assurances adequate to the department that the county
board will comply with all of the following requirements:
(i)
To provide the types of home and community-based services
specified in the preliminary implementation component required by
division (A)(2) of this section to at least the number of
individuals specified in that component;
(ii) To use any additional funds the county board receives
for the services to improve the county board's resource
capabilities for supporting such services available in the county
at the time the component is developed and to expand the services
to accommodate the unmet need for those services in the county;
(iii) To employ a business manager who is either a new
employee who has earned at least a bachelor's degree in business
administration or a current employee who has the equivalent
experience of a bachelor's degree in business administration. If
the county board will employ a new employee, the county board
shall include in the component a timeline for employing the
employee.
(iv) To employ or contract with a medicaid services
manager
who is either a
new employee who has earned at least a
bachelor's
degree or a
current employee who has the equivalent
experience of
a bachelor's
degree. If the county board will
employ a new
employee, the
county board shall include in the
component a
timeline for
employing the employee. Two or three
county boards
that have a combined total enrollment in county
board services not
exceeding one thousand individuals as
determined pursuant to
certifications made under division (B) of
section 5126.12 of the
Revised Code may satisfy this requirement
by sharing the services
of a medicaid services manager or using
the services of a medicaid
services manager employed by or under
contract with a regional
council that the county boards establish
under section 5126.13 of
the Revised Code.
(e) Programmatic and financial accountability measures and
projected outcomes expected from the
implementation of the plan;
(f) Any other applicable information or conditions that
the
department requires as a condition of approving the
component
under
section 5123.046 of the Revised Code.
(B) A county board whose plan developed under division (A)
of
this section is approved by the department under section
5123.046
of the Revised Code shall update and renew the plan in
accordance
with a schedule the department shall develop.
Sec. 5126.055.
(A) Except as provided in
section
5126.056
of the Revised Code, a county board of
mental retardation
and
developmental disabilities
has medicaid local
administrative
authority to, and shall,
do all of the following
for an individual
with mental retardation
or other developmental
disability who
resides in the county that
the county board serves
and seeks or
receives home and
community-based services:
(1) Perform assessments and evaluations of the individual.
As
part of the
assessment and evaluation process, the county board
shall do all
of the following:
(a) Make a recommendation to the department of mental
retardation and developmental disabilities on whether the
department should approve or deny the individual's application for
the services, including on the basis of whether the individual
needs the level of care an intermediate care facility for the
mentally retarded provides;
(b) If the individual's application is denied because of the
county board's recommendation and the individual requests a
hearing under section 5101.35 of the Revised Code, present, with
the department of mental retardation and developmental
disabilities or department of job and family services, whichever
denies the application, the reasons for the recommendation and
denial at the hearing;
(c) If the individual's application is approved, recommend
to
the departments of mental retardation and developmental
disabilities and job and family services the services that should
be included in the individual's individualized service plan and,
if either department approves, reduces, denies, or terminates a
service
included in the individual's individualized service plan
under
section 5111.871 of the Revised Code because of the county
board's
recommendation, present, with the department that made the
approval, reduction, denial, or termination, the reasons for the
recommendation and approval, reduction, denial, or termination at
a hearing
under section 5101.35 of the Revised Code.
(2)
In accordance with the rules adopted under section
5126.046 of the Revised Code, perform the county board's duties
under that section regarding assisting the individual's right to
choose a qualified and willing provider of the services and, at a
hearing under section 5101.35 of the Revised Code, present
evidence of the process for appropriate assistance in choosing
providers;
(3) If the county board is certified under section
5123.161
of
the Revised Code to provide the services and agrees
to
provide
the
services to the individual and the individual
chooses
the
county
board to provide the services, furnish, in
accordance
with
the
county board's medicaid provider agreement
and for the
authorized
reimbursement rate, the services the
individual
requires;
(4) Monitor the services provided to the individual and
ensure the individual's health, safety, and welfare. The
monitoring shall include quality assurance activities. If the
county board provides the services, the department of mental
retardation and developmental disabilities shall also monitor the
services.
(5) Develop, with the individual and the provider of the
individual's services, an effective individualized service plan
that includes coordination of services, recommend that the
departments of mental retardation and developmental disabilities
and job and family services approve the plan, and implement the
plan unless either department disapproves it;
(6) Have an investigative agent conduct investigations
under
section 5126.313 of the Revised Code that concern the
individual;
(7) Have a service and support administrator perform the
duties under division (B)(9) of section 5126.15 of the Revised
Code that concern the individual.
(B) A county board shall perform its medicaid local
administrative
authority under this section in accordance with all
of the
following:
(1) The county board's plan that the department of mental
retardation and developmental disabilities approves under section
5123.046 of the Revised Code;
(2) All applicable federal and state laws;
(3) All applicable policies of the departments of mental
retardation and developmental disabilities and job and family
services and the United States department of health and human
services;
(4) The department of job and family services' supervision
under its authority under section 5111.01 of the Revised Code to
act as the single state medicaid agency;
(5) The department of mental retardation and developmental
disabilities' oversight.
(C) The departments of mental retardation and developmental
disabilities and job and family services shall communicate with
and provide training to county boards regarding medicaid local
administrative authority granted by this section. The
communication and training shall include issues regarding audit
protocols and other standards established by the United States
department of health and human services that the departments
determine appropriate for communication and training. County
boards shall participate in the training. The departments shall
assess the county board's compliance against uniform standards
that the departments shall establish.
(D) A county board may not delegate its medicaid local
administrative authority granted under this section but may
contract with a person or government entity, including a council
of governments, for assistance with its medicaid local
administrative
authority. A county board that enters into such a
contract shall
notify the director of mental retardation and
developmental
disabilities. The notice shall include the tasks
and
responsibilities that the contract gives to the person or
government entity. The person or government entity shall comply
in
full with all requirements to which the county board is subject
regarding the person or government entity's tasks and
responsibilities under the contract. The county
board remains
ultimately responsible for the tasks and responsibilities.
(E) A county board that has medicaid local administrative
authority
under this section shall, through the departments of
mental
retardation and developmental disabilities and job and
family
services, reply to, and cooperate in arranging compliance
with, a
program or fiscal audit or program violation exception
that a
state or federal audit or review discovers. The department
of job
and family services shall timely notify the department of
mental
retardation and developmental disabilities and the county
board of
any adverse findings. After receiving the notice, the
county
board, in conjunction with the department of mental
retardation
and developmental disabilities, shall cooperate fully
with the
department of job and family services and timely prepare
and send
to the department a written plan of correction or
response to the
adverse findings. The county board is liable for
any adverse
findings that result from an action it takes or fails
to take in
its implementation of medicaid local administrative
authority.
(F) If the department of mental retardation and
developmental
disabilities or department of job and family
services determines
that a county board's implementation of its
medicaid local
administrative authority under this section is
deficient,
the
department that makes the determination shall
require that
county
board do the following:
(1) If the deficiency affects the health, safety, or
welfare
of an individual with mental retardation or other
developmental
disability, correct the deficiency within
twenty-four hours;
(2) If the deficiency does not affect the health, safety,
or
welfare of an individual with mental retardation or other
developmental disability, receive technical assistance from the
department or submit a plan of correction to the
department that
is acceptable to the department within sixty days
and correct the
deficiency within the time required by the plan of
correction.
Sec. 5126.056. (A) The department of mental retardation and
developmental disabilities shall take action under division (B) of
this section against a county board of mental retardation and
developmental disabilities if any of the following are the case:
(1) The county board fails to submit to the department all
the components of its three-year plan required by section 5126.054
of the Revised Code.
(2) The department disapproves the county board's
three-year
plan under section 5123.046 of the Revised Code.
(3) The county board fails, as required by division (B) of
section 5126.054 of the Revised Code, to update and renew its
three-year plan in accordance with a schedule the department
develops under that section.
(4) The county board fails to implement its initial or
renewed three-year plan approved by the department.
(5) The county board fails to correct a deficiency within
the
time required by division (F) of section 5126.055 of the
Revised
Code to the satisfaction of the department.
(6) The county board fails to submit an acceptable plan of
correction to the department within the time required by division
(F)(2) of section 5126.055 of the Revised Code.
(B) If required by division (A) of this section to take
action against a county board, the department shall issue an order
terminating the county board's medicaid local administrative
authority over all or part of home and community-based services,
medicaid case management services, or all or part of both
of those
services. The department shall provide a copy of the
order to the
board of county commissioners, senior probate judge, county
auditor, and president and superintendent of the county board.
The
department shall specify in the order the medicaid local
administrative authority that the department is terminating, the
reason for the termination, and the county board's option and
responsibilities under this division.
A county board whose medicaid local administrative authority
is terminated may, not later than thirty days after the department
issues the termination order, recommend to the department that
another county board that has not had any of its medicaid local
administrative authority terminated or another entity the
department approves administer the services for which the county
board's medicaid local administrative authority is terminated.
The
department may contract with the other county board or entity
to
administer the services. If the department enters into such a
contract, the county board shall adopt a resolution giving the
other county board or entity full medicaid local administrative
authority over the services that the other county board or entity
is to administer. The other county board or entity shall be known
as the contracting authority.
If the department rejects the county board's recommendation
regarding a contracting authority, the county board may appeal the
rejection under section 5123.043 of the Revised Code.
If the county board does not submit a recommendation to the
department regarding a contracting authority within the required
time or the department rejects the county board's recommendation
and the
rejection is upheld pursuant to an appeal, if any, under
section
5123.043 of the Revised Code,
the department shall appoint
an administrative receiver to
administer the services for which
the county board's medicaid
local administrative authority is
terminated. To the extent
necessary for the department to appoint
an administrative
receiver, the department may utilize employees
of the department,
management personnel from another county board,
or other
individuals who are not employed by or affiliated with in
any
manner a person that provides home and
community-based
services or
medicaid case management services
pursuant to a
contract with any
county board. The
administrative
receiver shall
assume full
administrative
responsibility for the
county board's
services for
which the
county board's medicaid
local
administrative authority
is
terminated.
The contracting authority or administrative receiver shall
develop and submit to the department a plan of correction to
remediate the problems that caused the department to issue the
termination order. If, after reviewing the plan, the department
approves it, the contracting authority or administrative receiver
shall implement the plan.
The county board shall transfer control of state and federal
funds it is otherwise eligible to receive for the services for
which the county board's medicaid local administrative authority
is terminated and funds the county board may use under division
(A) of section 5126.0511 of the Revised Code to pay
the
nonfederal
share of the services that the county board is
required by
sections 5126.059 and
5126.0510 of the Revised Code
to pay. The county board shall
transfer control of the funds to
the contracting authority or
administrative receiver administering
the services. The amount
the
county board shall transfer shall be
the amount necessary for
the
contracting authority or
administrative receiver to fulfill
its
duties in administering
the services, including its duties to
pay
its personnel for time
worked, travel, and related matters.
If
the
county board fails to
make the transfer, the department may
withhold the state and
federal funds from the county board and
bring a mandamus action
against the county board in the court of
common pleas of the
county served by the county board or in the
Franklin county court
of common pleas. The mandamus action may
not
require that the
county board transfer any funds other than
the
funds the county
board is required by division (B) of this
section
to
transfer.
The contracting authority or administrative receiver has the
right to authorize the payment of bills in the same manner that
the county board may authorize payment of bills under this chapter
and section 319.16 of the Revised Code.
Sec. 5126.058. (A) Each county board of mental retardation
and developmental disabilities shall prepare a memorandum of
understanding that is developed by all of the following and that
is signed by the persons identified in divisions (A)(2) to (7) of
this section:
(1) The senior probate judge of the county or the senior
probate judge's representative;
(2) The county peace officer;
(3) All chief municipal peace officers within the county;
(4) Other law enforcement officers handling abuse, neglect,
and exploitation of mentally retarded and developmentally disabled
persons in the county;
(5) The prosecuting attorney of the county;
(6) The public children services agency;
(7) The coroner of the county.
(B) A memorandum of understanding shall set forth the normal
operating procedure to be employed by all concerned officials in
the execution of their respective responsibilities under this
section and sections 313.12, 2151.421, 2903.16, 5126.31, and
5126.33 of the Revised Code and shall have as its primary goal the
elimination of all unnecessary interviews of persons who are the
subject of reports made pursuant to this section. A failure to
follow the procedure set forth in the memorandum by the concerned
officials is not grounds for, and shall not result in, the
dismissal of any charge or complaint arising from any reported
case of abuse, neglect, or exploitation or the suppression of any
evidence obtained as a result of any reported abuse, neglect, or
exploitation and does not give any rights or grounds for appeal or
post-conviction relief to any person.
(C) A memorandum of understanding shall include, but is not
limited to, all of the following:
(1) The roles and responsibilities for handling emergency and
nonemergency cases of abuse, neglect, or exploitation;
(2) The roles and responsibilities for handling and
coordinating investigations of reported cases of abuse, neglect,
or exploitation and methods to be used in interviewing the person
who is the subject of the report and who allegedly was abused,
neglected, or exploited;
(3) The roles and responsibilities for addressing the
categories of persons who may interview the person who is the
subject of the report and who allegedly was abused, neglected, or
exploited;
(4) The roles and responsibilities for providing victim
services to mentally retarded and developmentally disabled persons
pursuant to Chapter 2930. of the Revised Code;
(5) The roles and responsibilities for the filing of criminal
charges against persons alleged to have abused, neglected, or
exploited mentally retarded or developmentally disabled persons.
(D) A memorandum of understanding may be signed by victim
advocates, municipal court judges, municipal prosecutors, and any
other person whose participation furthers the goals of a
memorandum of understanding, as set forth in this section.
Sec. 5126.059. A county board of mental retardation and
developmental disabilities shall pay the nonfederal share of
medicaid expenditures for medicaid case management services the
county board provides to an individual with mental retardation or
other developmental disability who the county board determines
under section 5126.041 of the Revised Code is eligible for county
board services.
Sec. 5126.0510. (A) Except as otherwise provided in an
agreement entered into under section 5123.048 of the Revised Code
and subject to divisions (B), (C), and (D) of this section, a
county board of mental retardation and developmental disabilities
shall pay the nonfederal share of medicaid expenditures for the
following home and community-based services provided to an
individual with mental retardation or other developmental
disability who the county board determines under section 5126.041
of the Revised Code is eligible for county board services:
(1) Home and community-based services provided by the county
board to such an individual;
(2) Home and community-based services provided by a provider
other than the county board to such an individual who is enrolled
as of June 30, 2007, in the medicaid waiver component under which
the services are provided;
(3) Home and community-based services provided by a provider
other than the county board to such an individual who, pursuant to
a request the county board makes, enrolls in the medicaid waiver
component under which the services are provided after June 30,
2007;
(4) Home and community-based services provided by a provider
other than the county board to such an individual for whom there
is in effect an agreement entered into under division (E) of this
section between the county board and director of mental
retardation and developmental disabilities.
(B) In the case of medicaid expenditures for home and
community-based services for which division (A)(2) of this section
requires a county board to pay the nonfederal share, the following
shall apply to such services provided during fiscal year 2008
under the individual options medicaid waiver component:
(1) The county board shall pay no less than the total amount
the county board paid as the nonfederal share for home and
community-based services provided in fiscal year 2007 under the
individual options medicaid waiver component;
(2) The county board shall pay no more than the sum of the
following:
(a) The total amount the county board paid as the nonfederal
share for home and community-based services provided in fiscal
year 2007 under the individual options medicaid waiver component;
(b) An amount equal to one per cent of the total amount the
department of mental retardation and developmental disabilities
and county board paid as the nonfederal share for home and
community-based services provided in fiscal year 2007 under the
individual options medicaid waiver component to individuals the
county board determined under section 5126.041 of the Revised Code
are eligible for county board services.
(C) A county board is not required to pay the nonfederal
share of home and community-based services provided after June 30,
2008, that the county board is otherwise required by division
(A)(2) of this section to pay if the department of mental
retardation and developmental disabilities fails to comply with
division (A) of section 5123.0416 of the Revised Code.
(D) A county board is not required to pay the nonfederal
share of home and community-based services that the county board
is otherwise required by division (A)(3) of this section to pay if
both of the following apply:
(1) The services are provided to an individual who enrolls in
the medicaid waiver component under which the services are
provided as the result of an order issued following a state
hearing, administrative appeal, or appeal to a court of common
pleas made under section 5101.35 of the Revised Code;
(2) There are more individuals who are eligible for services
from the county board enrolled in the medicaid waiver component
than is required by section 5126.0512 of the Revised Code.
(E) A county board may enter into an agreement with the
director of mental retardation and developmental disabilities
under which the county board agrees to pay the nonfederal share of
medicaid expenditures for one or more home and community-based
services that the county board is not otherwise required by
division (A)(1), (2), or (3) of this section to pay and that are
provided to an individual the county board determines under
section 5126.041 of the Revised Code is eligible for county board
services. The agreement shall specify which home and
community-based services the agreement covers. The county board
shall pay the nonfederal share of medicaid expenditures for the
home and community-based services that the agreement covers as
long as the agreement is in effect.
Sec. 5126.0511. (A) A county board of mental retardation and
developmental
disabilities may use the following funds to pay the
nonfederal
share of the medicaid expenditures that the county
board
is
required
by sections 5126.059 and 5126.0510 of
the
Revised Code
to pay:
(1) To the extent consistent with the levy that generated
the
taxes, the following taxes:
(a) Taxes levied pursuant to division (L) of section 5705.19
of the Revised Code and section 5705.222 of the Revised Code;
(b) Taxes levied under section 5705.191 of the Revised Code
that the board of county commissioners allocates to the county
board.
(2) Funds that the department of mental retardation and
developmental disabilities distributes to the county board under
sections 5126.11 and 5126.18 of
the
Revised Code;
(3) Earned federal revenue funds the county board receives
for medicaid services the county board provides pursuant to the
county board's valid medicaid provider agreement;
(4) Funds that the department of mental retardation and
developmental disabilities distributes to the county board as
subsidy payments;
(5) In the case of medicaid expenditures for home and
community-based services, funds allocated to or otherwise made
available for the county board under section 5123.0416 of the
Revised Code to pay the nonfederal share of such medicaid
expenditures.
Each year, each county board shall adopt a resolution
specifying the amount of funds it will use in the next year to pay
the nonfederal share of the medicaid expenditures that
the county
board is
required by
sections 5126.059 and 5126.0510 of the
Revised Code to pay. The
amount
specified shall be adequate to
assure that the services for
which the medicaid expenditures are
made will be
available in the
county in a manner that conforms to
all
applicable state and
federal laws. A county board shall state
in
its resolution that
the payment of the nonfederal share
represents
an ongoing
financial commitment of the county board. A
county
board shall
adopt the resolution in time for the county
auditor to
make the
determination required by division (C) of
this section.
(C) Each year, a county auditor shall determine whether
the
amount of funds a county board specifies in the resolution it
adopts under division (B) of this section will be available in
the
following year for the county board to pay the nonfederal
share of
the medicaid expenditures that the county board
is
required by sections 5126.059 and
5126.0510 of the Revised Code
to pay. The county auditor shall
make the
determination not later
than the last day of the year
before the
year in which the funds
are to be used.
Sec. 5126.0512. (A) As used in this section, "medicaid
waiver component" means a medicaid waiver component as defined in
section 5111.85 of the Revised Code under which home and
community-based services are provided.
(B) Effective July 1, 2007, each county board of mental
retardation and developmental disabilities shall ensure, for each
medicaid waiver component, that the number of individuals eligible
under section 5126.041 of the Revised Code for services from the
county board who are enrolled in a medicaid waiver component is no
less than the sum of the following:
(1) The number of individuals eligible for services from the
county board who are enrolled in the medicaid waiver component on
June 30, 2007;
(2) The number of medicaid waiver component slots the county
board requested before July 1, 2007, that were assigned to the
county board before that date but in which no individual was
enrolled before that date.
(C) An individual enrolled in a medicaid waiver component
after March 1, 2007, due to an emergency reserve capacity waiver
assignment shall not be counted in determining the number of
individuals a county board must ensure under division (B) of this
section are enrolled in a medicaid waiver component.
(D) An individual who is enrolled in a medicaid waiver
component to comply with the terms of the consent order filed
March 5, 2007, in Martin v. Strickland, Case No. 89-CV-00362, in
the United States district court for the southern district of
Ohio, eastern division, shall be excluded in determining whether a
county board has complied with division (B) of this section.
(E) A county board shall make as many requests for
individuals to be enrolled in a medicaid waiver component as
necessary for the county board to comply with division (B) of this
section.
Sec. 5126.06. (A) Except as provided in division (B) of
this
section,
any person
who
has a complaint involving any of the
programs,
services,
policies,
or administrative practices of a
county board
of mental
retardation and developmental disabilities
or any of the
entities
under contract with the county board, may
file a
complaint with
the board. Prior to commencing a civil
action
regarding the
complaint, a person shall attempt to have
the
complaint resolved
through the administrative resolution
process
established in the
rules adopted under section 5123.043
of the
Revised Code. After
exhausting the administrative
resolution
process, the person may
commence a civil action if the
complaint
is not settled to the
person's satisfaction.
(B) An employee of a county board may not file
under this
section a complaint related to the terms and conditions of
employment of the employee.
Sec. 5126.07. No county board of mental retardation and
developmental disabilities or any agency, corporation, or
association under contract with a county board of mental
retardation and developmental disabilities shall discriminate in
the provision of services under its authority or contract on the
basis of race, color, sex, creed, disability, national origin, or
the inability to pay.
Each county board of mental retardation and developmental
disabilities shall provide a plan of affirmative action
describing
its goals and methods for the provision of equal
employment
opportunities for all persons under its authority and
shall ensure
nondiscrimination in employment under its authority
or contract on
the basis of race, color, sex, creed, disability,
or national
origin.
Sec. 5126.071. (A) As used in this section, "minority
business enterprise" has the meaning given in division (E)(1) of
section 122.71 of the Revised Code.
(B) Any minority business enterprise that desires to bid
on
a
contract under division (C) or (D) of this section shall
first
apply to the equal employment opportunity coordinator in
the
department of administrative services for certification as a
minority business enterprise. The coordinator shall approve the
application of any minority business enterprise that complies
with
the rules adopted under section 122.71 of the Revised Code.
The
coordinator shall prepare and maintain a list of minority
business
enterprises certified under this section.
(C) From the contracts to be awarded for the purchases of
equipment, materials, supplies, insurance, and nonprogram
services, other than contracts entered into and exempt under
sections 307.86 and 5126.05 of the Revised Code, each county
board
of mental retardation and developmental disabilities shall
select
a number of contracts with an aggregate value of
approximately
fifteen per cent of the total estimated value of
such contracts to
be awarded in the current calendar year. The
board shall set
aside
the contracts so selected for bidding by
minority business
enterprises only. The bidding procedures for
such contracts shall
be the same as for all other contracts
awarded under section
307.86 of the Revised Code, except that
only minority business
enterprises certified and listed under
division (B) of this
section shall be qualified to submit bids.
Contracts set aside and
awarded under this section shall not
include contracts for the
purchase of
services such as
direct and ancillary
services,
service and support administration,
residential
services, and
family
support services.
(D) To the extent that a board is authorized to enter into
contracts for construction which are not exempt from the
competitive bidding requirements of section 307.86 of the Revised
Code, the board shall set aside a number of contracts the
aggregate value of which equals approximately five per cent of
the
aggregate value of construction contracts for the current
calendar
year for bidding by minority business enterprises only.
The
bidding procedures for the contracts set aside for minority
business enterprises shall be the same as for all other contracts
awarded by the board, except that only minority business
enterprises certified and listed under division (B) of this
section shall be qualified to submit bids.
Any contractor awarded a construction contract pursuant to
this section shall make every effort to ensure that certified
minority business subcontractors and
materials
suppliers
participate in the contract. In the case of contracts
specified
in
this division, the total value of subcontracts
awarded to and
materials and services purchased from minority
businesses shall
be
at least ten per cent of the total value of
the contract,
wherever
possible and whenever the
contractor awards
subcontracts or
purchases materials or services.
(E) In the case of contracts set aside under divisions (C)
and (D) of this section, if no bid is submitted by a minority
business enterprise, the contract shall be awarded according to
normal bidding procedures. The board shall from time to time set
aside such additional contracts as are necessary to replace those
contracts previously set aside on which no minority business
enterprise bid.
(F) This section does not preclude any minority business
enterprise from bidding on any other contract not specifically
set
aside for minority business enterprises.
(G) Within ninety days after the beginning of each
calendar
year, each county board of mental retardation and
developmental
disabilities shall file a report with the
department of mental
retardation and developmental disabilities
that shows for that
calendar year the name of each minority
business enterprise with
which the board entered into a contract,
the value and type of
each such contract, the total value of
contracts awarded under
divisions (C) and (D) of this section,
the total value of
contracts awarded for the purchases of
equipment, materials,
supplies, or services, other than contracts
entered into under the
exemptions of sections 307.86 and 5126.05
of the Revised Code, and
the total value of contracts entered
into for construction.
(H) Any person who intentionally misrepresents
that person
as
owning, controlling, operating, or participating in a minority
business enterprise for the purpose of obtaining contracts or any
other benefits under this section shall be guilty of theft by
deception as provided for in section 2913.02 of the Revised Code.
Sec. 5126.08. (A) The director of mental retardation and
developmental disabilities shall adopt rules in accordance with
Chapter 119. of the Revised Code for all programs and services
offered by a county board of mental retardation and
developmental
disabilities. Such rules shall include, but are not limited to,
the following:
(1) Determination of what constitutes a program or
service;
(2) Standards to be followed by a board
in administering,
providing, arranging, or operating programs and
services;
(3) Standards for determining the nature and degree of
mental
retardation, including mild mental retardation, or
developmental
disability;
(4) Standards for determining eligibility
for programs and
services under
sections 5126.042 and 5126.15 of the Revised Code;
(5) Procedures for obtaining consent for the arrangement
of
services under section 5126.31 of the Revised Code and for
obtaining signatures on individual service plans under that
section;
(6) Specification of the
service
and support administration
to be
provided by a county board and
standards for resolving
grievances in connection with
service and support administration;
(7) Standards for the provision of environmental
modifications, including standards that require adherence to all
applicable state and local building codes;
(8) Standards for the provision of specialized medical,
adaptive, and assistive equipment, supplies, and supports.
(B) The director shall be the final authority in
determining
the nature and degree of mental retardation or
developmental
disability.
Sec. 5126.081. (A) In
addition to the rules adopted under
division
(A)(2) of section 5126.08 of the Revised
Code
establishing standards for
the administration, provision,
arrangement, and operation of
programs and services by county
boards of mental retardation and
developmental disabilities, the
department of mental retardation
and developmental disabilities
shall establish a system of
accreditation for county boards of
mental retardation and
developmental disabilities to ensure that
the boards are in
compliance with federal and state statutes and
rules. The
department shall adopt rules in
accordance with Chapter
119. of
the Revised Code governing the system of accreditation.
The rules
shall include
appropriate timelines for compliance when
a board is found to be
not in compliance and appropriate actions
to be taken by boards
in complying with the accreditation
requirements.
(B) Prior to accrediting
a board, the department shall
conduct a comprehensive, on-site
review of the board. During the
review, the department shall
document the board's compliance with
the department's
accreditation requirements. After completing the
review, the
department shall conduct an exit conference with the
president
of the board, the superintendent of the board, and any
other
officials the board asks to have present. The department
shall
discuss its findings from the review with the board's
representatives and provide a written report of its findings not
later than thirty days following the exit conference. If the
department finds that the board is in compliance with the
requirements for accreditation, the department shall
issue
evidence
of accreditation to the board.
Accreditation may be granted for periods of up to five
years
and may be renewed. Not less than once prior to the date
a board's
accreditation is scheduled to expire, the department
shall conduct
a comprehensive, on-site review of the
board.
Each board shall conduct an annual audit of itself to
evaluate its compliance with the requirements for
accreditation.
The department may conduct an interim review of any new
program
or
service initiated by a board after its last comprehensive
review.
The department may conduct other reviews and
investigations as
necessary to enforce this section.
(C) If the department
determines through its review of a
board that the board is not
in compliance with the requirements
for accreditation,
the department shall, except as provided in
division
(F) of this section, grant the
board an opportunity to
correct the matters in which it is not
in compliance. The
department shall grant the board an
appropriate length of time to
comply with the
requirements prior to taking any action to deny
accreditation to the
board. To avoid
denial of accreditation, the
board superintendent shall prepare
a plan of correction to
remediate the matters specified in the
department's written report
as not being in compliance with the
requirements for
accreditation. The superintendent
shall submit the plan to the
board for review, and the board shall
review the
plan. If the
board believes that the plan is sufficient to
correct the matters,
the board shall approve the plan by
resolution and submit the plan
to the department for its
review. The department shall review the
plan of correction. If the
department approves the plan, the board
shall commence action to
implement the plan. The department shall,
as necessary, conduct
follow-up reviews of the board to determine
whether it has met
the requirements for accreditation. If the plan
of
correction submitted by a board is disapproved, the department
shall inform
the board of the reasons for disapproval and may
grant the board
an opportunity to submit a revised plan of
correction.
A board may request technical assistance from the
department,
other boards, or professional organizations in
preparing plans of
correction and in implementing plans of
correction.
(D) If, after being
given the opportunity to implement a plan
of correction, a board
continues to fail to meet the requirements
for
accreditation, the
department shall issue an order denying
accreditation to the
board. The department may deny accreditation
to the board for
all or part of the programs or services offered
by the
board.
The department shall simultaneously notify all of the
following officials in the county: the members of the board of
county commissioners, the senior probate judge, the county
auditor, and
the president and superintendent of the county board
of mental
retardation and developmental disabilities. The notice
shall
identify the programs and services that have been denied
accreditation, the requirements for accreditation
with
which the
board is not in
compliance, and the
responsibilities of the county
officials to contract under
division (E)(1) of this section
to
have the board's programs and services administered by another
party
or become subject to administrative receivership under
division
(E)(2) of this section.
(E)(1) When a board
is denied accreditation, the department
shall first give the
board the option of contracting to have the
board's programs and
services that were denied accreditation
administered by an
accredited county board of mental retardation
and developmental
disabilities or another qualified entity subject
to the approval
of the department. The board may contract with
more than one
board that has been accredited. When a board enters
into a
contract, the board shall, by resolution, give the
contractor
full administrative authority over the programs and
services
that the contractor will administer.
(2) If a board fails to exercise its option of
entering into
a contract under division
(E)(1) of this section sooner
than
thirty days after the department denies accreditation, the
department shall appoint an administrative receiver of the
board's
programs and services that were denied accreditation.
The
department may appoint employees of the department, management
personnel from county boards of mental retardation and
developmental disabilities, or individuals from other entities
as
necessary to meet its needs for appointing an administrative
receiver, except that individuals from other entities may be
appointed only when qualified department employees or board
management personnel are unavailable. The department may not
appoint an individual who is employed by or affiliated with an
entity that is under contract with the board. The
administrative
receiver shall assume full administrative
responsibility for the
board's programs and services that were
denied accreditation.
(3) The board or entity that contracts with a board
under
division (E)(1) of this
section, or the administrative receiver
appointed under division
(E)(2) of this section, shall
develop and
implement a plan of correction to remediate the
matters that
caused the department to deny accreditation. The
contractor or
administrative receiver shall submit the plan to
the department,
and the department shall review the plan. If the
plan is approved
by the department, the contractor or
administrative receiver shall
commence action to implement the
plan. The contractor or
administrative receiver shall report to
the department any
findings it can make pertaining to issues or
circumstances that
are beyond the control of the board and
result in the unlikelihood
that compliance with the
requirements for accreditation can be
achieved unless the issues or
circumstances are remediated.
(4) For purposes of divisions
(E)(1) and (2) of this section,
the department shall require the board that has been denied
accreditation to transfer control of state and federal funds it
is
eligible to receive for the board's programs and services that
have been denied accreditation in an amount necessary for the
contractor or administrative receiver to fulfill its duties in
administering the programs and services for the board. The
transfer of control of funds does not cause any programs and
services of the board that are accredited to lose their
accreditation. If the board refuses to transfer control of
funds,
the department may withhold state and federal funds from
the board
in an amount necessary for the contractor or
administrative
receiver to fulfill its duties. The amount
transferred or withheld
from a board shall include
reimbursements for the personnel of the
contractor or
administrative receiver, including amounts for time
worked,
travel, and related expenses.
A contractor or administrative receiver that has
assumed the
administration of a board's programs and services
has the right to
authorize the payment of bills in the same
manner that a board may
authorize payment of bills under this
chapter and section 319.16
of the Revised Code.
(F) When the
department's review of a board reveals serious
health and safety
issues within the programs and services offered
by the board,
the department shall order the board to correct the
violations
immediately or appoint an administrative receiver.
(G) At any time a board
can demonstrate that it is capable of
assuming its duties in
compliance with the department's
requirements for
accreditation,
the department shall reverse its
order denying accreditation and
issue evidence of accreditation to
the board.
A board may appeal the department's denial of accreditation
or
refusal to reverse a denial of accreditation only by filing a
complaint under section 5123.043 of the Revised
Code. If in its
appeal the board can demonstrate that it
is capable of assuming
its duties in compliance with the
department's requirements for
accreditation, the
department shall
reverse its order denying
accreditation and shall issue evidence
of accreditation to the
board.
(H) All notices issued
to a board by the department under
this section shall be
delivered to the board's president and
superintendent.
(I) A board's
president may designate another member of the
board as the individual to be
responsible for fulfilling all or
part of
the president's responsibilities established under this
section.
Sec. 5126.082. (A) In
addition to the rules adopted under
division
(A)(2) of section 5126.08 of
the Revised Code
establishing standards to
be followed by county boards of mental
retardation and
developmental disabilities in administering,
providing,
arranging, and operating programs and services and in
addition
to the board accreditation system established under
section
5126.081 of the Revised
Code, the director of mental
retardation and developmental disabilities shall adopt rules in
accordance with Chapter 119. of
the Revised Code establishing
standards for
promoting and advancing the quality of life of
individuals with
mental retardation and developmental disabilities
receiving any
of the following:
(1) Early childhood services pursuant to section 5126.05
of
the Revised
Code for children under age
three;
(2) Adult services pursuant to section 5126.05 and
division
(B) of section
5126.051 of the Revised
Code for individuals age
sixteen or older;
(3) Family support services pursuant to section 5126.11
of
the Revised
Code.
(B) The rules adopted
under this section shall specify the
actions county boards of
mental retardation and developmental
disabilities and the
agencies with which they contract should take
to do the
following:
(1) Offer individuals with mental retardation and
developmental disabilities, and their families when appropriate,
choices in programs and services that are centered on the needs
and desires of those individuals;
(2) Maintain infants with their families whenever
possible by
collaborating with other agencies that provide
services to infants
and their families and taking other
appropriate actions;
(3) Provide families that have children with mental
retardation and developmental disabilities under age eighteen
residing in their homes the resources necessary to allow the
children to remain in their homes;
(4) Create and implement community employment services
based
on the needs and desires of adults with mental retardation
and
developmental disabilities;
(5) Create, in collaboration with other agencies,
transportation systems that provide safe and accessible
transportation within the county to individuals with
disabilities;
(6) Provide services that allow individuals with
disabilities
to be integrated into the community by engaging in
educational,
vocational, and recreational activities with
individuals who do
not have
disabilities;
(7) Provide age-appropriate retirement services for
individuals age sixty-five and older with mental retardation and
developmental disabilities;
(8) Establish residential services and supported
living for
individuals with mental retardation and developmental
disabilities
in accordance with their needs.
(C) To assist in funding
programs and services that meet the
standards established under
this section, each county board of
mental retardation and
developmental disabilities shall make a
good faith effort to
acquire available federal funds, including
reimbursements under
Title XIX of the "Social Security
Act," 79
Stat. 286 (1965), 42
U.S.C.A. 1396, as amended.
(D) Each county board of
mental retardation and developmental
disabilities shall work
toward full compliance with the standards
established under this
section, based on its available resources.
Funds received under
this chapter shall be used to comply with the
standards.
Annually, each board shall conduct a
self audit to
evaluate the
board's progress in complying fully with the
standards.
(E) The department
shall complete a program quality review of
each county board of
mental retardation and developmental
disabilities to determine
the extent to which the board has
complied with the standards.
The review shall be conducted in
conjunction with the
comprehensive accreditation review of the
board that is
conducted under section 5126.081 of the
Revised
Code.
Notwithstanding any provision of this chapter or
Chapter
5123. of the
Revised Code requiring the department
to distribute
funds to county boards of mental retardation and
developmental
disabilities, the department may withhold funds
from a board if it
finds that the board is not in substantial
compliance with the
standards established under this
section.
(F) When the standards
for accreditation from the commission
on accreditation of
rehabilitation facilities, or another
accrediting agency, meet
or exceed the standards established under
this section, the
director may accept accreditation from the
commission or other
agency as evidence that the board is in
compliance with all or
part of the standards established under
this section. Programs
and services accredited by the commission
or agency are exempt
from the program quality reviews required by
division
(E) of this section.
Sec. 5126.09. A county board of mental retardation and
developmental
disabilities may procure a policy or policies of
insurance insuring board
members or employees of the board or
agencies with which the board contracts
or volunteer bus rider
assistants authorized by section 5126.061 of the
Revised
Code
against liability arising from the performance of their official
duties.
Sec. 5126.10. The director of mental retardation and
developmental
disabilities shall adopt rules in accordance with
Chapter 119. of the Revised
Code establishing standard cost
allocation procedures and shall require county
boards of mental
retardation and developmental disabilities to use such
procedures
to allocate all indirect costs to services provided pursuant to
Chapters 3323. and 5126. of the Revised Code.
Sec. 5126.11. (A) As used in this section, "respite care"
means appropriate, short-term, temporary care that is provided to
a mentally retarded or developmentally disabled person to sustain
the family structure or to meet planned or emergency needs of the
family.
(B) Subject to rules adopted by the director of mental
retardation and developmental disabilities, and subject to the
availability of money from state and federal sources, the county
board of mental retardation and developmental disabilities shall
establish a family support services program. Under such a
program,
the
board shall make payments to an individual with
mental
retardation or
other developmental disability or the family
of an
individual with mental
retardation or other developmental
disability
who desires to remain in and be supported in the family
home. Payments shall be made for all or part of costs
incurred or
estimated to
be incurred for services that would promote
self-sufficiency and
normalization, prevent or reduce
inappropriate institutional
care, and further the unity of the
family by enabling the family
to meet the special needs of the
individual
and to live as much like other families as possible.
Payments may be made in the form
of reimbursement for expenditures
or in the form of vouchers to be used to
purchase services.
(C) Payment shall not be made under this section to an
individual or the individual's family if the
individual is living
in a residential facility that is providing
residential services
under contract with the department of mental retardation
and
developmental disabilities or a county board.
(D) Payments may be made for the following services:
(1) Respite care, in or out of the home;
(2) Counseling,
supervision, training, and education
of
the
individual, the individual's caregivers, and members of the
individual's family that aid the family in providing proper care
for the
individual, provide for the special needs of the
family,
and assist in all aspects of the individual's daily
living;
(3) Special diets, purchase or lease of special equipment,
or
modifications of the home, if such diets, equipment, or
modifications are necessary to improve or facilitate the care and
living environment of the individual;
(4)
Providing support necessary for the individual's
continued skill development, including such services as
development of interventions to cope with unique problems that may
occur within the complexity of the family, enrollment of the
individual in special summer programs, provision of appropriate
leisure activities, and other social skills development
activities;
(5) Any other services that are consistent with the
purposes
specified in division (B) of this section
and specified in the
individual's service plan.
(E) In order to be eligible for payments under a family
support services
program, the individual or
the individual's
family must reside in the county served by the county board,
and
the individual must be in need of habilitation. Payments shall be
adjusted for income in accordance with the payment schedule
established in
rules adopted under this section. Payments shall
be
made only after the
county board has taken into account all
other
available assistance for which
the individual or family is
eligible.
(F) Before incurring expenses for a service for which
payment
will be sought under a family support services
program,
the
individual or family
shall apply to the county board for a
determination of
eligibility and approval of the service. The
service need not be
provided in the county served by the county
board. After being
determined eligible and receiving approval for
the service, the
individual or family may incur expenses for the
service or use the
vouchers received from the county board for the
purchase of the
service.
If the county board refuses to approve a service, an appeal
may be made in accordance with rules adopted by the department
under this section.
(G) To be reimbursed for expenses incurred for approved
services, the individual or family shall submit to the county
board a
statement of the expenses incurred accompanied by any
evidence
required by the board. To redeem vouchers used to
purchase
approved services, the entity that provided the service
shall
submit to the county board evidence that the service was
provided
and a statement of the charges. The county board shall
make
reimbursements and redeem vouchers no later than forty-five
days
after it receives the statements and evidence required by
this
division.
(H) A county board shall consider the following
objectives
in
carrying out a family support services
program:
(1) Enabling individuals to return to their families from an
institution
under the jurisdiction of the department of mental
retardation and
developmental disabilities;
(2) Enabling individuals found to be subject to
institutionalization by court order under section 5123.76 of the
Revised Code to remain with their families with the aid of
payments provided under this section;
(3) Providing services to eligible children and adults
currently residing in the community;
(4) Providing services to individuals with developmental
disabilities who are
not receiving other services from the board.
(I) The director shall adopt, and may amend and rescind,
rules for the implementation of family support services programs
by county
boards. Such rules shall include the following:
(1) A payment schedule adjusted for income;
(2) A formula for distributing to county boards the money
appropriated
for family support services;
(3) Standards for supervision, training, and quality
control
in the provision of respite care services;
(4) Eligibility standards and procedures for providing
temporary emergency respite care;
(5) Procedures for hearing and deciding appeals made under
division (F) of this section;
(6) Requirements to be followed by county boards regarding
reports submitted under division (K) of this section.
Rules adopted under divisions (I)(1) and (2) of this
section
shall be adopted in accordance with section 111.15 of the
Revised
Code. Rules adopted under divisions (I)(3) to (6) of
this section
shall be adopted in accordance with Chapter 119. of
the Revised
Code.
(J) All individuals certified by the superintendent of the
county board as
eligible for temporary emergency respite care in
accordance with
rules adopted under this section shall be
considered eligible for
temporary emergency respite care for not
more than five days to
permit the determination of eligibility for
family support services. The
requirements of divisions (E) and
(F)
of this section do not
apply to temporary emergency respite
care.
(K) The department
of
mental retardation and developmental
disabilities shall
distribute
to county boards money appropriated
for family support
services in quarterly installments of equal
amounts. The installments shall be made not later than the
thirtieth day of September, the thirty-first day of December, the
thirty-first day of March, and the thirtieth day of June.
A
county
board shall use no more
than seven per cent of the funds
for
administrative costs. Each
county board shall submit reports
to
the department on payments
made under this section. The
reports
shall be submitted at those
times and in the manner
specified in
rules adopted under this
section.
(L) The county board shall not be required to make
payments
for family support services at a
level that exceeds available
state and federal funds for such payments.
Sec. 5126.12. (A) As used in this section:
(1)
"Approved school age
class" means a class
operated by a
county board of
mental
retardation and developmental
disabilities
and
funded by the
department of
education under
section
3317.20
of
the
Revised Code.
(2)
"Approved preschool unit" means a class or unit operated
by a
county board of mental retardation and developmental
disabilities and approved
under
division (B) of section 3317.05
of
the Revised Code.
(3)
"Active treatment" means a continuous treatment
program,
which includes aggressive, consistent implementation of
a program
of specialized and generic training, treatment, health
services,
and related services, that is directed toward the
acquisition of
behaviors necessary for an individual with mental retardation
or
other developmental disability to function with
as much
self-determination and independence as possible and
toward the
prevention of deceleration, regression, or loss of
current optimal
functional status.
(4)
"Eligible for active treatment" means that an
individual
with
mental retardation or other developmental disability resides
in an
intermediate care facility for the mentally retarded
certified
under Title XIX of the
"Social Security Act," 79 Stat.
286 (1965), 42 U.S.C. 1396, as amended; resides in a state
institution
operated by the department of mental retardation and
developmental disabilities; or is enrolled in home and
community-based services.
(5)
"Traditional adult services" means vocational and
nonvocational activities conducted within a sheltered workshop or
adult activity center or supportive home services.
(B) Each county board of mental retardation and
developmental
disabilities shall certify to the director of
mental
retardation
and developmental disabilities all of the following:
(1) On or before the fifteenth day of October, the average
daily
membership for the first full week of programs and services
during October receiving:
(a) Early childhood services provided pursuant to section
5126.05 of the Revised Code for children who are less than three
years of age on the thirtieth day of September of the academic
year;
(b) Special education for children with
disabilities in
approved
school age
classes;
(c) Adult services for persons sixteen years of age and
older
operated pursuant to section 5126.05 and division (B) of
section
5126.051 of the Revised Code. Separate counts shall be
made for
the following:
(i) Persons enrolled in traditional adult services who are
eligible for but not enrolled in active treatment;
(ii) Persons enrolled in traditional adult services who
are
eligible for and enrolled in active treatment;
(iii) Persons enrolled in traditional adult services but
who
are not eligible for active treatment;
(iv) Persons participating in community employment
services.
To be counted as participating in community employment
services, a
person must have spent an average of no less than
ten hours per
week in that employment
during the preceding six
months.
(d) Other programs in the county for individuals with mental
retardation and developmental disabilities that have been approved
for
payment of subsidy by the department of mental retardation and
developmental disabilities.
The membership in each such program and service in the
county
shall be reported on forms prescribed by the department of
mental
retardation and developmental disabilities.
The department of mental retardation and developmental
disabilities shall adopt rules defining full-time equivalent
enrollees and for determining the
average daily membership
therefrom, except that
certification
of average daily membership
in approved school age
classes shall be
in accordance with
rules
adopted by the state board of education. The average daily
membership figure shall be determined by dividing the amount
representing the sum of the number of enrollees in each program or
service in the week for which the certification
is made by the
number of days the program or
service was
offered
in that week.
No
enrollee may be counted in average daily
membership for more
than
one program or service.
(2) By the fifteenth day of December, the number of children
enrolled in approved preschool units on the first day of December;
(3) On or before the thirtieth day
of April, an
itemized
report
of all income and operating expenditures for the
immediately
preceding calendar year, in the format specified by
the department of
mental
retardation and developmental
disabilities;
(4) That each required certification and report is in
accordance
with rules established by the department of mental
retardation and
developmental disabilities and the state board of
education for
the operation and subsidization of the programs and
services.
Sec. 5126.121. Each county board of mental retardation
and
developmental disabilities may be eligible to receive a
subsidy
from the department of mental retardation and
developmental
disabilities for the employment of a business
manager as provided
in this section. The department shall adopt
rules in accordance
with Chapter 119. of the Revised
Code specifying standards for
the
employment of such a business manager. The rules shall
include the
minimum education and experience requirements for
the position of
business manager and shall specify requirements
for courses in
fiscal and business management that are annually
sponsored or
certified by the department and that are applicable
to the
position and designed to teach effective business
practices. Each
county board of mental retardation and
developmental disabilities
that employs a business manager in
accordance with the standards
adopted under this section may
receive a subsidy from the
department.
The department shall distribute this subsidy to eligible
county boards in quarterly installments of equal amounts. The
installments shall be made not later than the thirtieth day of
September, the thirty-first day of December, the thirty-first day
of March, and the thirtieth day of June.
Sec. 5126.13. (A) A county board of mental retardation and
developmental disabilities may enter into an agreement with one
or
more other county boards of mental retardation and
developmental
disabilities to establish a regional council in
accordance with
Chapter 167. of the Revised Code. The agreement
shall specify the
duties and functions to be performed by the
council, which may
include any duty or function a county board is
required or
authorized to perform under this chapter. If
directed to do so by
a resolution adopted by a county board that
is a member of a
regional council, the department of mental
retardation and
developmental disabilities shall make any
distributions of money
for that county for the duties or
functions performed by the
council pursuant to its agreement that
are otherwise required to
be made to the county board under this
chapter to the fiscal
officer of the council designated under
section 167.04 of the
Revised Code.
A county board may also enter into an agreement with one or
more school districts or other political subdivisions to
establish
a regional council in accordance with Chapter 167. of
the Revised
Code.
(B) On or before the thirtieth day of March, the fiscal
officer of a regional council described in this section shall
report to the
department of mental retardation and developmental
disabilities, in the format
specified by the department, all
income and operating expenditures of the
council for the
immediately preceding calendar year.
Sec. 5126.14. The entity responsible for the habilitation
management included in adult day habilitation services, the
program management included in
residential services, and the
program management included in supported living shall provide
administrative oversight by doing all of the following:
(A) Having available supervisory personnel to monitor and
ensure implementation of all interventions in accordance with
every individual service plan implemented by the staff who work
with the individuals receiving the services;
(B) Providing appropriate training and technical assistance
for all staff who work with the individuals receiving services;
(C) Communicating with service and support administration
staff for the purpose of coordinating activities to ensure that
services are provided to individuals in accordance with individual
service plans and intended outcomes;
(D) Monitoring for
unusual and major unusual incidents and
cases of
abuse, neglect,
exploitation, or misappropriation of
funds involving the individual under the
care of staff who are
providing the services; taking immediate
actions as necessary to
maintain the health, safety, and welfare
of the individuals
receiving the services; and providing notice of
unusual and
major
unusual incidents and suspected cases of abuse, neglect,
exploitation, or misappropriation of funds to the
county board of
mental retardation and developmental
disabilities;
(E) Performing other administrative duties as required by
state or federal law or by the county board of mental retardation
and developmental disabilities through contracts with providers.
Sec. 5126.15. (A) A county board of mental retardation
and
developmental disabilities shall provide service and support
administration to each individual
three years of age or older who
is
eligible for
service
and support
administration if the
individual requests, or a person on the
individual's behalf
requests, service and support administration.
A board shall
provide service and
support administration to each
individual
receiving home and
community-based services. A board
may provide,
in accordance
with
the service coordination
requirements of 34
C.F.R. 303.23,
service
and support
administration to an individual
under three
years of
age eligible
for early intervention services
under 34
C.F.R. part
303. A board
may provide
service and support
administration to an
individual
who is not
eligible for other
services of the board.
Service and
support
administration shall
be
provided in accordance
with rules
adopted
under section 5126.08
of
the Revised Code.
A board may provide service and support administration by
directly employing service and support administrators or by
contracting with entities for the performance of service and
support administration.
Individuals employed or under contract as
service and support administrators shall not be in the same
collective bargaining unit as employees who perform duties that
are not administrative.
Individuals employed by a board as service and support
administrators shall not be assigned responsibilities for
implementing
other services for individuals and shall
not be
employed by
or serve in a decision-making or
policy-making
capacity for any
other
entity that
provides programs or
services
to individuals
with mental
retardation
or developmental
disabilities.
An
individual
employed as a conditional status
service and support
administrator
shall perform the duties of
service and support
administration
only under the supervision of a
management employee
who is a
service and support administration
supervisor.
(B) The individuals employed by or under contract with a
board to provide service and support administration shall do all
of the following:
(1) Establish an individual's eligibility for the services
of
the county board of mental retardation and developmental
disabilities;
(2) Assess individual needs for services;
(3) Develop individual service plans with the active
participation of the individual to be served, other persons
selected by the individual, and, when applicable, the provider
selected by the individual, and recommend the plans for approval
by the department of mental retardation and developmental
disabilities when services included in the plans are funded
through medicaid;
(4) Establish budgets for services based on the individual's
assessed needs and preferred ways of meeting those needs;
(5) Assist individuals in making selections from among the
providers they have chosen;
(6) Ensure that services are effectively coordinated and
provided by appropriate providers;
(7) Establish and implement an ongoing system of monitoring
the implementation of individual service plans to achieve
consistent implementation and the desired outcomes for the
individual;
(8) Perform quality assurance reviews as a distinct function
of service and support administration;
(9) Incorporate the results of quality assurance reviews and
identified trends and patterns of unusual incidents and major
unusual incidents into amendments of an individual's service plan
for the purpose of improving and enhancing the quality and
appropriateness of services rendered to the individual;
(10) Ensure that each individual receiving services has a
designated person who is responsible on a continuing basis for
providing the individual with representation, advocacy, advice,
and assistance related to the day-to-day coordination of services
in accordance with the individual's service plan. The service and
support administrator shall give the individual receiving services
an opportunity to designate the person to provide daily
representation. If the individual declines to make a designation,
the administrator shall make the designation. In either case, the
individual receiving services may change at any time the person
designated to provide daily representation.
Sec. 5126.18. (A)
As used in this section:
(1) "County board" means a county board of mental
retardation
and developmental disabilities.
(2) Notwithstanding section 5126.01 of the Revised Code,
"adult services" means the following services, as they are
identified on individual information forms submitted by county
boards to the department of mental retardation and developmental
disabilities, provided to an
individual with mental retardation
or other developmental
disability who is at least twenty-two years
of age:
(d) Community employment services;
(3) "Adult services enrollment" means a county board's
average daily membership in adult services, exclusive of such
services provided to individuals served solely through service and
support administration provided pursuant to section 5126.15 of the
Revised Code or family support services provided pursuant to
section 5126.11 of the Revised Code.
(4) "Taxable value" means the taxable value of a county
board
certified under division (B)(1) of this section.
(5) "Per-mill yield" of a county board means the quotient
obtained by dividing (a) the taxable value of the county board by
(b) one thousand.
(6) "Local adult services cost" means a county board's
expenditures for adult services, excluding all federal and state
reimbursements and subsidy allocations received by such boards and
expended for such services, as certified under section 5126.12 of
the Revised Code.
(7) "Statewide average millage" means one thousand
multiplied
by the quotient obtained by dividing (a) the total of
the local
adult services costs of all county boards by (b) the
total of the
taxable values of all county boards.
(8) "County yield" of a county board means the product
obtained by multiplying (a) the statewide average millage by (b)
the per-mill yield of the county board.
(9) "County yield per enrollee" of a county board means the
quotient obtained by dividing (a) the county yield of the county
board by (b) the adult enrollment of the county board.
(10) "Statewide yield per enrollee" means the quotient
obtained by dividing (a) the sum of the county yields of all
county boards by (b) the sum of the adult enrollments of all
county boards.
(11) "Local tax effort for adult services" of a county
board
means one thousand multiplied by the quotient obtained by
dividing
(a) the local adult
services cost of the county board by
(b) the
taxable value of the
county board.
(12) "Funding percentage" for a fiscal year means the
percentage that the amount appropriated to the department for the
purpose of making payments under this section in the fiscal year
is of the amount computed under division (C)(3) of this section
for the fiscal year.
(13) "Funding-adjusted required millage" for a fiscal year
means the statewide average millage multiplied by the funding
percentage for that fiscal year.
(B)(1)
On the request of the
director of
mental
retardation
and developmental disabilities, the
tax
commissioner
shall provide
to the department of mental
retardation
and
developmental
disabilities information specifying
the taxable
value of property
on each county's tax list of real and
public
utility property and
tax list of personal property for the
most
recent tax year for
which such information is available. The
director may request any
other tax information
necessary for
the
purposes of
this
section.
(2) On the request of the director, each county board shall
report the county board's adult services enrollment and local
adult services cost.
(C) Each year, the department of mental retardation and
developmental disabilities shall compute the following:
(1) For each county board, the amount, if any, by which the
statewide yield per enrollee exceeds the county yield per
enrollee;
(2) For each county board, the amount of any excess
computed
under division (C)(1) of this section multiplied by the
adult
services enrollment of the county board;
(3) The sum of the amounts computed under division (C)(2)
of
this section for all county boards.
(D) From money appropriated for the purpose, the
department
shall
provide for payment to each county board of the amount
computed
for that county board under division (C)(2) of this
section,
subject to any reduction or adjustment under division
(E), (F), or
(G) of this section. The department shall make the
payments in quarterly installments of equal amounts. The
installments shall be made not later than the thirtieth day of
September, thirty-first day of December, thirty-first day of
March, and thirtieth day of June.
(E) If a county board's local tax effort for adult services
is less than the funding-adjusted required millage, the director
shall reduce the amount of payment otherwise computed under
division (C)(2) of this section so that the amount paid, after the
reduction, is the same percentage of the amount computed under
division (C)(2) of this section as the county board's local tax
effort for adult services is of the funding-adjusted required
millage.
If the director reduces the amount of a county board's
payment under this division, the department, not later than the
fifteenth day of July, shall notify the county board of the
reduction and the amount of the reduction. The notice shall
include a statement that the county board may request to be
exempted from the reduction by filing a request with the director,
in the manner and form prescribed by the director, within
twenty-one days after such notification is issued. The board may
present evidence of its attempt to obtain passage of levies or any
other extenuating circumstances the board considers relevant. If
the county board requests a hearing before the director to present
such evidence, the director shall conduct a hearing on the request
unless the director exempts the board from the reduction on the
basis of the evidence presented in the request filed by the board.
Upon receiving a properly and timely filed request for exemption,
but not later than the thirty-first day of August, the director
shall determine whether the county board shall be exempted from
all or a part of the reduction. The director may exempt the board
from all or part of the reduction if the director finds that the
board has made good faith efforts to obtain passage of tax levies
or that there are extenuating circumstances.
(F) If a payment is reduced under division (E) of this
section and the director does not exempt the county board from the
reduction, the amount of the reduction shall be apportioned among
all county boards entitled to payments under this section for
which payments were not so reduced. The amount apportioned to
each
county board shall be proportionate to the amount of the
board's
payment as computed under division (C)(2) of this section.
(G) If, for any fiscal year, the amount appropriated to the
department for the purpose of this section is less than the amount
computed under division (C)(3) of this section for the fiscal
year, the department shall adjust the amount of each payment as
computed under divisions (C)(2), (E), and (F) of this section by
multiplying that amount by the funding percentage.
(H) The payments authorized by this section are
supplemental
to all other funds that may be received by a county
board. A
county board shall use the payments solely to pay the
nonfederal
share of medicaid expenditures that sections 5126.059 and
5126.0510 of the Revised Code
require the county board to
pay.
Sec. 5126.19. (A) The director of mental retardation and
developmental disabilities may grant temporary funding from the
community mental retardation and developmental disabilities trust
fund
based on allocations to
county
boards of mental
retardation
and developmental
disabilities.
The director
may distribute all
or
part of
the funding directly to
a county board, the persons
who
provide
the services for which the funding is granted, or persons
with
mental retardation or developmental disabilities who are to
receive those services.
(B) Funding granted under
division (A) of this section shall
be granted
according to the availability of moneys in the fund and
priorities
established by the director. Funding may be granted
for
any of
the following purposes:
(1) Behavioral or short-term interventions for persons
with
mental retardation or developmental disabilities that assist
them
in remaining in the community by preventing
institutionalization;
(2) Emergency respite care services, as defined in section
5126.11 of the Revised Code;
(3) Family support services provided under section
5126.11
of
the Revised Code;
(4) Supported living, as defined in section 5126.01 of the
Revised Code;
(5) Staff training for county board employees, employees
of
providers of residential services as defined in section
5126.01 of
the Revised Code, and other personnel under contract
with a county
board, to provide the staff with necessary training
in serving
mentally retarded or developmentally disabled persons
in the
community;
(6) Short-term provision of early childhood services
provided
under section 5126.05, adult services provided under
sections
5126.05 and 5126.051, and
service and support
administration
provided under section 5126.15
of the Revised Code,
when local
moneys are insufficient to meet
the need for such
services due to
the successive failure within a
two-year period of
three or more
proposed levies for the services;
(7) Contracts with providers of residential services to
maintain persons with mental retardation and developmental
disabilities in their programs and avoid institutionalization.
(C) If the trust fund contains more than ten million
dollars
on the first day of July the director shall use
one million
dollars for payments under section 5126.18 of
the
Revised Code,
two million dollars for subsidies to county boards for
supported
living, and one million dollars for subsidies to county
boards
for early childhood services and adult services provided
under
section 5126.05 of the Revised Code. Distributions of funds
under
this
division shall be made prior to August 31 of the state
fiscal
year
in which the funds are available. The funds shall be
allocated
to a county board in an amount equal to the same
percentage of the
total amount
allocated to
the county board
the
immediately
preceding state
fiscal year.
(D) In addition to making grants under division (A) of this
section, the director may use money available in the trust fund
for the same purposes that rules adopted under section 5123.0413
of the Revised Code provide for money in the state MR/DD risk fund
and the state insurance against MR/DD risk fund, both created
under that section, to be used.
Sec. 5126.20. As used in this section and sections 5126.21
to 5126.29 of the Revised Code:
(A) "Service employee" means a person employed by a county
board of mental retardation and developmental disabilities in a
position which may require evidence of registration under section
5126.25 of the Revised Code but for which a bachelor's degree
from
an accredited college or university is not required, and
includes
employees in the positions listed in division (C) of
section
5126.22 of the Revised Code.
(B)(1) "Professional employee" means both of the following:
(a) A person employed by a
board in a position for which
either a bachelor's degree from an
accredited college or
university or a license or certificate
issued under Title XLVII of
the Revised Code is a minimum
requirement;
(b) A person employed by a board as a conditional status
service and support administrator.
(2) "Professional employee"
includes employees in the
positions listed in
division (B) of
section 5126.22 of the Revised
Code.
(C) "Management employee" means a person employed by a
board
in a position having supervisory or managerial
responsibilities
and duties, and includes employees in the
positions listed in
division (A) of section 5126.22 of the
Revised Code.
(D) "Limited contract" means a contract of limited
duration
which is renewable at the discretion of the
superintendent.
(E) "Continuing contract" means a contract of employment
that
was issued prior to June 24, 1988, to a classified employee
under
which the employee has completed
the employee's
probationary
period
and under which
the employee retains
employment
until
the
employee retires or
resigns, is removed
pursuant to section
5126.23 of the Revised
Code, or is laid off.
(F) "Supervisory responsibilities and duties" includes the
authority to hire, transfer, suspend, lay off, recall, promote,
discharge, assign, reward, or discipline other employees of the
board; to responsibly direct them; to adjust their grievances; or
to effectively recommend such action, if the exercise of that
authority is not of a merely routine or clerical nature but
requires the use of independent judgment.
(G) "Managerial responsibilities and duties" includes
formulating policy on behalf of the board, responsibly directing
the implementation of policy, assisting in the preparation for
the
conduct of collective negotiations, administering
collectively
negotiated agreements, or having a major role in
personnel
administration.
(H) "Investigative agent" means an individual who conducts
investigations under section 5126.313 of the Revised Code.
Sec. 5126.201. A person may be employed by a county board of
mental retardation and developmental disabilities as a conditional
status service and support administrator only if either of the
following is true:
(A) The person has at least an appropriate associate degree;
(B) The person meets both of the following requirements:
(1) The person was employed by the county board and performed
service and support administration duties on June 30, 2005;
(2) The person holds a high school diploma or a general
educational development certificate of high school equivalence.
Sec. 5126.21. As used in this section, "management
employee"
does not include the superintendent of a county board
of mental
retardation and developmental disabilities.
(A)(1) Each management employee of a county board of
mental
retardation and developmental disabilities shall hold a
limited
contract for a period of not less than one year and not
more than
five years, except that a management employee hired
after the
beginning of a program year may be employed under a
limited
contract expiring at the end of the program year. The
board shall
approve all contracts of employment for management
employees that
are for a term of more than one year. A
management employee shall
receive notice of the superintendent's
intention not to rehire the
employee at least ninety days prior
to the expiration of the
contract. If the superintendent fails
to notify a management
employee, the employee shall be reemployed
under a limited
contract of one year at the same salary plus any
authorized salary
increases.
(2) During the term of a contract a management employee's
salary may be increased, but shall not be reduced unless the
reduction is part of a uniform plan affecting all employees of
the
board.
(B) All management employees may be removed, suspended, or
demoted for cause pursuant to section 5126.23 of the Revised
Code.
(C) All management employees shall receive employee
benefits
that shall include sick leave, vacation leave, holiday
pay, and
such other benefits as are established by the board.
Sections
124.38 and 325.19 of the Revised Code do not apply to
management
employees.
(D) The superintendent of a county board of mental
retardation and developmental disabilities shall notify all
management employees of the board of their salary no later than
thirty days before the first day of the new contract year.
(E) All management employees of a county board of mental
retardation and developmental disabilities who were given
continuing contract status prior to the effective date of this
section have continuing contract status so long as they maintain
employment with the board.
(F) All management employees who were probationary
employees
on the effective date of this section shall, upon
completion of
their probationary period, be granted continuing
contract status
if retained in employment.
(G) Each county board of mental retardation and
developmental
disabilities shall establish a lay-off policy to be
followed if it
determines a reduction in the number of management
employees is
necessary.
Sec. 5126.22. (A) Employees who hold the following
positions
in a county board of mental retardation and
developmental
disabilities are management employees:
director of residential services
principal (director of children services)
program or service supervisor
service and support administration supervisor
confidential employees as defined in section 4117.01 of the
Revised Code
positions designated by the director of mental retardation
and developmental disabilities as having managerial or
supervisory
responsibilities and duties
positions designated by the county board in accordance with
division (D) of this section.
(B) Employees who hold the following positions in a board
are
professional employees:
personnel certified pursuant to Chapter 3319. of the
Revised
Code
early intervention specialist
physical development specialist
work adjustment specialist
speech and language pathologist
behavior management specialist
supportive home services specialist
licensed practical nurse or registered nurse
doctor of medicine and surgery or of osteopathic medicine
and
surgery
service and support administrator
conditional status service and support administrator
any position that is not a management position and for
which
the standards for certification established by the director
of
mental retardation and developmental disabilities under
section
5126.25 of the Revised Code require a bachelor's or
higher degree
professional positions designated by the director
professional positions designated by the county board in
accordance with division (D) of this section.
(C) Employees who hold positions in a board that are
neither
management positions nor professional positions are
service
employees. Service employee positions include:
workshop specialist assistant
contract procurement specialist
community employment specialist
any assistant to a professional employee certified to
provide, or supervise the provision of, adult services or
service
and support administration
service positions designated by the director
service positions designated by a county board in
accordance
with division (D) of this section.
(D) A county board may designate a position only if the
position does not include directly providing, or supervising
employees who directly provide, service or instruction to
individuals with mental retardation or developmental
disabilities.
(E) If a county board desires to have a position
established
that is not specifically listed in this section that
includes
directly providing, or supervising employees who
directly provide,
services or instruction to individuals with
mental retardation or
developmental disabilities, the board shall
submit to the director
a written description of the position and
request that the
director designate the position as a management,
professional, or
service position under this section. The
director shall consider
each request submitted under this
division and respond within
thirty days. If the director
approves the request,
the
director
shall designate the
position as a
management,
professional, or
service position.
(F) A county board shall not terminate its employment of
any
management, professional, or service employee solely because
a
position is added to or eliminated from those positions listed
in
this section or because a position is designated or no longer
designated by the director or a county board.
Sec. 5126.221. Each county board of mental retardation
and
developmental disabilities shall employ at least one
investigative
agent or contract with a person or government
entity, including
another county board of mental retardation and
developmental
disabilities or a regional council established under
section
5126.13 of the Revised Code, for the services of an
investigative
agent. Neither a county board nor a person or
government entity
with which a county board contracts for the
services of an
investigative agent shall assign any duties to an
investigative
agent other than conducting investigations under
section 5126.313
of the Revised Code.
All investigative agents shall be trained in civil and
criminal investigatory practices. The person responsible
for
supervising the work of the investigative agents shall report
directly to a county
board's superintendent
regarding the
investigative agents.
No investigative agent shall do anything
that interferes with
the investigative agent's objectivity in
conducting investigations
under section 5126.313 of the Revised
Code.
Sec. 5126.23. (A) As used in this section, "employee"
means
a management employee or superintendent of a county board
of
mental retardation and developmental disabilities.
(B) An employee may be removed, suspended, or demoted in
accordance with this section for violation of written rules set
forth by the board or for incompetency, inefficiency, dishonesty,
drunkenness, immoral conduct, insubordination, discourteous
treatment of the public, neglect of duty, or other acts of
misfeasance, malfeasance, or nonfeasance.
(C) Prior to the removal, suspension, or demotion of an
employee pursuant to this section, the employee shall be notified
in writing of the charges against him the employee. Except as
otherwise
provided in division (H) of this section, not later than
thirty
days after receiving such notification, a predisciplinary
conference shall be held to provide the employee an opportunity
to
refute the charges against him the employee. At least
seventy-two
hours
prior to the conference, the employee shall be given a copy
of
the charges against him the employee.
If the removal, suspension, or demotion action is directed
against a management employee, the conference shall be held by
the
superintendent or a person he the superintendent designates,
and
the
superintendent shall notify the management employee within
fifteen days after the conference of the decision made with
respect to the charges. If the removal, suspension, or demotion
action is directed against a superintendent, the conference shall
be held by the members of the board or their designees, and the
board shall notify the superintendent within fifteen days after
the conference of its decision with respect to the charges.
(D) Within fifteen days after receiving notification of
the
results of the predisciplinary conference, an employee may
file
with the board a written demand for a hearing before the
board or
before a referee, and the board shall set a time for the
hearing
which shall be within thirty days from the date of
receipt of the
written demand, and the board shall give the
employee at least
twenty days notice in writing of the time and
place of the
hearing.
(E) If a referee is demanded by an employee or a county
board, the hearing shall be conducted by a referee selected in
accordance with division (F) of this section; otherwise, it shall
be conducted by a majority of the members of the board and shall
be confined to the charges enumerated at the predisciplinary
conference.
(F) Referees for the hearings required by this section
shall
be selected from the list of names compiled by the
superintendent
of public instruction pursuant to section 3319.161
of the Revised
Code. Upon receipt of notice that a referee has
been demanded by
an employee or a county board, the
superintendent of public
instruction shall immediately designate
three persons from such
list, from whom the referee for the
hearing shall be chosen, and
he the superintendent of public
instruction shall immediately
notify the
designees, the county board, and the employee. If
within five
days of receipt of the notice, the county board and
employee are
unable to agree upon one of the designees to serve as
referee,
the superintendent of public instruction shall appoint
one of the
designees to serve as referee. The appointment of the
referee
shall be entered in the minutes of the county board. The
referee
appointed shall be paid his the referee's usual and
customary
fee for attending
the hearing which shall be paid from
the general fund of the
county board of mental retardation and
developmental
disabilities.
(G) The board shall provide for a complete stenographic
record of the proceedings, and a copy of the record shall be
furnished to the employee.
Both parties may be present at the hearing, be represented
by
counsel, require witnesses to be under oath, cross-examine
witnesses, take a record of the proceedings, and require the
presence of witnesses in their behalf upon subpoena to be issued
by the county board. If any person fails to comply with a
subpoena, a judge of the court of common pleas of the county in
which the person resides, upon application of any interested
party, shall compel attendance of the person by attachment
proceedings as for contempt. Any member of the board or the
referee may administer oaths to witnesses. After a hearing by a
referee, the referee shall file his a report within ten days
after
the termination of the hearing. After consideration of the
referee's report, the board, by a majority vote, may accept or
reject the referee's recommendation. After a hearing by the
board,
the board, by majority vote, may enter its determination
upon its
minutes. If the decision, after hearing, is in favor of
the
employee, the charges and the record of the hearing shall be
physically expunged from the minutes and, if the employee has
suffered any loss of salary by reason of being suspended, he the
employee
shall be paid his the employee's full salary for the
period of
such suspension.
Any employee affected by a determination of the board under
this division may appeal to the court of common pleas of the
county in which the board is located within thirty days after
receipt of notice of the entry of such determination. The appeal
shall be an original action in the court and shall be commenced
by
the filing of a complaint against the board, in which
complaint
the facts shall be alleged upon which the employee
relies for a
reversal or modification of such determination.
Upon service or
waiver of summons in that appeal, the board
immediately shall
transmit to the clerk of the court for filing a
transcript of the
original papers filed with the board, a
certified copy of the
minutes of the board into which the
determination was entered, and
a certified transcript of all
evidence adduced at the hearing or
hearings before the board or a
certified transcript of all
evidence adduced at the hearing or
hearings before the referee,
whereupon the cause shall be at
issue without further pleading and
shall be advanced and heard
without delay. The court shall examine
the transcript and record
of the hearing and shall hold such
additional hearings as it
considers advisable, at which it may
consider other evidence in
addition to the transcript and record.
Upon final hearing, the court shall grant or deny the
relief
prayed for in the complaint as may be proper in accordance
with
the evidence adduced in the hearing. Such an action is a
special
proceeding, and either the employee or the board may
appeal from
the decision of the court of common pleas pursuant to
the Rules of
Appellate Procedure and, to the extent not in
conflict with those
rules, Chapter 2505. of the Revised Code.
(H) Notwithstanding divisions (C) to (G) of this section,
a
county board and an employee may agree to submit issues
regarding
the employee's removal, suspension, or demotion to
binding
arbitration. The terms of the submission, including the
method of
selecting the arbitrator or arbitrators and the
responsibility for
compensating the arbitrator, shall be provided
for in the
arbitration agreement. The arbitrator shall be
selected within
fifteen days of the execution of the agreement.
Chapter 2711. of
the Revised Code governs the arbitration
proceedings.
Sec. 5126.24. (A) As used in this section:
(1) "License" means an educator license issued by the state
board of
education under section 3319.22 of the Revised Code or a
certificate issued by
the department of mental retardation and
developmental disabilities.
(2) "Teacher" means a person employed by a county board of
mental retardation and developmental disabilities in a position
that requires a license.
(3) "Nonteaching employee" means a person employed by a
county board of mental retardation and developmental disabilities
in a position that does not require a license.
(4) "Years of service" includes all service described in
division (A) of section 3317.13 of the Revised Code.
(B) Subject to rules established by the director of mental
retardation and developmental disabilities pursuant to Chapter
119. of the Revised Code, each county board of mental retardation
and developmental disabilities shall annually adopt separate
salary schedules for teachers and nonteaching employees.
(C) The teachers' salary schedule shall provide for
increments based on training and years of service. The board may
establish its own service requirements provided no teacher
receives less than the salary the teacher would be paid under
section 3317.13 of the Revised Code if the teacher were
employed
by a school
district board of education and provided full credit
for a
minimum of five years of actual teaching and military
experience
as defined in division (A) of such section is given to
each
teacher.
Each teacher who has completed training that would qualify
the teacher for a higher salary bracket pursuant to this section
shall
file by the fifteenth day of September with the fiscal
officer of
the board, satisfactory evidence of the completion of
such
additional training. The fiscal officer shall then
immediately
place the teacher, pursuant to this section, in the
proper salary
bracket in accordance with training and years of
service. No
teacher shall be paid less than the salary to which
the
teacher would be entitled under section 3317.13 of the Revised
Code if
the teacher were employed by a school district board of
education.
The superintendent of each county board, on or before the
fifteenth day of October of each year, shall certify to the state
board of education the name of each teacher employed, on an
annual
salary, in each special education program operated
pursuant to
section 3323.09 of the Revised Code during the first
full school
week of October. The superintendent further shall
certify, for
each teacher, the number of years of training
completed at a
recognized college, the degrees earned from a
college recognized
by the state board, the type of license
held, the number of months
employed by the board, the annual
salary, and other information
that the state board may request.
(D) The nonteaching employees' salary schedule established
by
the board shall be based on training, experience, and
qualifications with initial salaries no less than salaries in
effect on July 1, 1985. Each board shall prepare and may amend
from time to time, specifications descriptive of duties,
responsibilities, requirements, and desirable qualifications of
the classifications of employees required to perform the duties
specified in the salary schedule. All nonteaching employees
shall
be notified of the position classification to which they
are
assigned and the salary for the classification. The
compensation
of all nonteaching employees working for a
particular board shall
be uniform for like positions except as
compensation would be
affected by salary increments based upon
length of service.
On the fifteenth day of October of each year the
nonteaching
employees' salary schedule and list of job
classifications and
salaries in effect on that date shall be
filed by each board with
the superintendent of public
instruction. If such salary schedule
and classification plan is
not filed, the superintendent of public
instruction shall order
the board to file such schedule and list
forthwith. If this
condition is not corrected within ten days
after receipt of the
order from the superintendent, no money shall
be distributed to
the district under Chapter 3317. of the Revised
Code until the
superintendent has satisfactory evidence of the
board's full
compliance with such order.
Sec. 5126.25. (A) The director of mental retardation and
developmental disabilities shall adopt rules in accordance with
Chapter 119. of the Revised Code establishing uniform standards
and procedures for the certification of persons for employment by
county boards of mental retardation and developmental
disabilities
as superintendents, management employees, and
professional
employees and uniform standards and procedures for
the
registration of persons for employment by county boards as
registered service employees. As part of the rules, the director
may
establish continuing education and professional training
requirements for
renewal of certificates and evidence of
registration
and shall establish such requirements for renewal of
an investigative agent certificate. In the rules,
the director
shall establish certification standards for
employment in the
position of investigative agent that require an
individual to have
or obtain no less than an associate degree from
an accredited
college or university or have or obtain comparable
experience or
training. The director shall not
adopt
rules that require any
service employee to have or obtain a
bachelor's or higher degree.
The director shall adopt the rules in a manner that provides
for the issuance
of certificates and evidence of registration
according to categories, levels,
and grades. The rules shall
describe each category, level, and grade.
The rules adopted under this division shall apply to
persons
employed or seeking employment in a position that
includes
directly providing, or supervising persons who directly
provide,
services or instruction to or on behalf of individuals
with mental
retardation or developmental disabilities, except
that the rules
shall not apply to persons who hold a valid
license issued under
Chapter 3319. of the Revised Code and
perform no duties other than
teaching or supervision of a
teaching program or persons who hold
a valid license or
certificate issued under Title XLVII of the
Revised Code and
perform only those duties governed by the license
or certificate.
The rules shall specify the positions that require
certification
or registration.
The rules shall specify that the
position of investigative agent requires certification.
(B) The director shall adopt rules in accordance with
Chapter
119. of the Revised Code establishing standards for
approval of
courses of study to prepare persons to meet
certification
requirements. The director shall approve courses
of
study meeting
the standards and provide for the inspection of
the
courses to
ensure the maintenance of satisfactory training
procedures. The
director shall approve courses of study only if
given by a state
university or college as defined in section
3345.32 of the Revised
Code, a state university or college of
another state, or an
institution that has received a certificate
of authorization to
confer degrees from the board of regents
pursuant to Chapter 1713.
of the Revised Code or from a
comparable
agency of another state.
(C) Each applicant for a certificate for employment or
evidence of registration for employment by a county board shall
apply to the department of mental retardation and developmental
disabilities on forms that the director of the department shall
prescribe and provide. The application shall be accompanied by
the
application fee established in rules adopted under this
section.
(D) The director shall issue a certificate for employment
to
each applicant who meets the standards for certification
established under this section and shall issue evidence of
registration for employment to each applicant who meets the
standards for registration established under this section. Each
certificate or evidence of registration shall state the category,
level, and grade for which it is issued.
The director shall issue, renew, deny, suspend, or revoke
certificates and evidence of registration in accordance with
rules
adopted under this section. The director shall deny,
suspend, or
revoke a certificate or evidence of registration if the director
finds, pursuant to an adjudication conducted in accordance
with
Chapter 119. of the Revised Code, that the applicant for or
holder
of the certificate or evidence of registration is guilty
of
intemperate, immoral, or other conduct unbecoming to the
applicant's or holder's position, or is guilty of incompetence or
negligence
within the
scope of the applicant's or holder's duties.
The director shall deny or
revoke a certificate or
evidence of
registration if the director finds, pursuant to
an adjudication
conducted in accordance with Chapter 119. of the Revised Code,
that the applicant for or holder of the certificate or evidence of
registration has been convicted of or pleaded guilty to any of the
offenses
described in division (E) of section 5126.28 of the
Revised Code, unless the
individual meets standards for
rehabilitation that the director establishes in
the rules adopted
under that section. Evidence supporting such allegations
shall be
presented to the director in writing and the director shall
provide
prompt notice of the allegations to the person who is the
subject of the
allegations. A denial, suspension, or revocation
may be appealed in
accordance with procedures the director shall
establish in the rules adopted
under this section.
(E)(1) A person holding a valid certificate under this
section on the effective date of any rules adopted under this
section that increase certification standards shall have such
period as the rules prescribe, but not less than one year after
the effective date of the rules, to meet the new certification
standards.
A person who is registered under this section on the
effective date of any rule that changes the standards adopted
under this section shall have such period as the rules prescribe,
but not less than one year, to meet the new registration
standards.
(2) If an applicant for a certificate for employment has
not
completed the courses of instruction necessary to meet the
department's standards for certification, the department shall
inform the applicant of the courses the applicant must
successfully complete
to meet the standards and shall specify the
time within which the
applicant must complete the courses. The
department shall grant the
applicant at least one year to complete
the courses and shall not
require the applicant to complete more
than four courses in any
one year. The applicant is not subject
to
any changes regarding
the courses required for certification
that
are made after the
department informs the applicant of the
courses
the applicant must complete, unless
the applicant does not
successfully complete the courses within
the time specified by the
department.
(F) A person who holds a certificate or evidence of
registration, other than one designated as temporary, is
qualified
to be employed according to that certificate or
evidence of
registration by any county board.
(G) The director shall monitor county boards to ensure
that
their employees who must be certified or registered are
appropriately certified or registered and performing those
functions they are authorized to perform under their certificate
or evidence of registration.
(H) A county board superintendent or the superintendent's
designee may certify to the director
that county board employees
who are required to meet continuing education or
professional
training requirements as a condition of renewal of certificates
or
evidence of registration have met the requirements. The
superintendent or
the superintendent's
designee shall maintain in
appropriate personnel files evidence acceptable to
the director
that the employees have met the requirements and permit
representatives of the department access to the evidence on
request.
(I) All fees collected pursuant to this section shall be
deposited in the state treasury to the credit of the program fee
fund
created under section 5123.033 of the Revised Code.
(J) Employees of entities that contract with county boards
of
mental retardation and developmental disabilities to operate
programs and
services for individuals with mental retardation and
developmental
disabilities are subject to the certification and
registration requirements
established under section 5123.082 of
the Revised Code.
Sec. 5126.252. Notwithstanding sections 5123.082, 5126.25,
and 5126.26
of the Revised Code, the department of mental
retardation and developmental disabilities may
authorize county
boards of mental retardation and
developmental disabilities to
establish and administer in their counties
programs for the
certification and registration of persons for employment by
the
boards. A certificate or
evidence of registration issued by a
board participating in programs
under this section shall have the
same force and effect as a
certificate or evidence of registration
issued by the department under section
5123.082 or 5126.25 of the
Revised Code.
Sec. 5126.253. (A) As used in this section:
(1) "Conduct unbecoming to the teaching profession" shall be
as described in rules adopted by the state board of education.
(2) "Intervention in lieu of conviction" means intervention
in lieu of conviction under section 2951.041 of the Revised Code.
(3) "License" has the same meaning as in section 3319.31 of
the Revised Code.
(4) "Pre-trial diversion program" means a pre-trial diversion
program under section 2935.36 of the Revised Code or a similar
diversion program under rules of a court.
(B) The superintendent of each county board of mental
retardation and developmental disabilities or the president of the
board, if division (C) of this section applies, shall promptly
submit
to the superintendent of public instruction the
information
prescribed in division (D) of this section when
any
of the
following conditions applies to an employee of
the board
who holds a
license issued by the state board of
education:
(1) The superintendent or president knows that the
employee
has
pleaded guilty to, has been found guilty by a jury
or court
of,
has been convicted of, has been found to be
eligible for
intervention in lieu of conviction for, or has agreed
to
participate in a pre-trial diversion program for an offense
described in division (B)(2) or
(C) of section 3319.31 or
division (B)(1) of section 3319.39 of
the Revised Code.
(2) The board has initiated termination or nonrenewal
proceedings against, has terminated, or has not renewed the
contract of the employee because the board has reasonably
determined that the employee has committed an act unbecoming to
the teaching profession or an offense described in division (B)(2)
or (C) of section 3319.31 or division (B)(1) of section 3319.39 of
the Revised Code.
(3) The employee has resigned under threat of termination or
nonrenewal as described in division (B)(2) of this section.
(4) The employee has resigned because of or in the course of
an investigation by the board regarding whether the employee has
committed an act unbecoming to the teaching profession or an
offense described in division (B)(2) or (C) of section 3319.31 or
division (B)(1) of section 3319.39 of the Revised Code.
(C) If the employee to whom any of the conditions prescribed
in divisions (B)(1) to (4) of this section applies is the
superintendent of a county board of mental retardation and
developmental disabilities, the president of the board shall make
the report required under this section.
(D) If a report is required under this section, the
superintendent or president shall submit to the superintendent of
public
instruction the name and social security number of the
employee
about whom information is required and a factual
statement
regarding any of the conditions prescribed in divisions
(B)(1) to
(4) of this section that applies to the employee.
(E) A determination made by the board as described in
division (B)(2) of this section or a termination, nonrenewal,
resignation, or other separation described in divisions (B)(2) to
(4) of this section does not create a presumption of the
commission or lack of the commission by the employee of an act
unbecoming to the teaching profession or an offense described in
division (B)(2) or (C) of section 3319.31 or division (B)(1) of
section 3319.39 of the Revised Code.
(F) No individual required to
submit a report under division
(B) of this section shall knowingly
fail to comply with that
division.
(G) An individual who provides information to the
superintendent of public instruction in accordance with this
section in good faith shall be immune from any civil liability
that otherwise might be incurred or imposed for injury, death, or
loss to person or property as a result of the provision of that
information.
Sec. 5126.254. The superintendent of each county board
of
mental retardation and developmental disabilities shall require
that the reports of any investigation by the board of an employee
regarding whether the employee has committed an act or offense for
which the superintendent is required to make a report to the
superintendent of public instruction under section 5126.253 of the
Revised Code be kept in the employee's personnel file. If, after
an investigation under division (A) of section 3319.311 of the
Revised Code, the superintendent of public instruction determines
that the results of that investigation do not warrant initiating
action under section 3319.31 of the Revised Code, the
superintendent of the county board shall require the reports of
the board's
investigation to be moved from the employee's
personnel file to a
separate public file.
Sec. 5126.26. Except as otherwise provided in this section
and section
5126.27
of the Revised Code, no person shall be
employed or compensated by a county
board of mental retardation
and developmental disabilities if he the
person does not hold
the
certificate, evidence of registration, or license required for the
position
under the rules of the department or the department of
education, but the
superintendent of a county board may employ,
and the board shall compensate, a
person pending the issuance of
an initial certificate or
registration if he the person meets the
requirements for
certification or
registration, he the person has
applied for certification or registration, and the application
has
not been
denied. A person's employment shall be terminated if a
required
license,
certificate, or registration is denied,
permanently revoked, or
not renewed.
Sec. 5126.27. (A) A county board of mental retardation
and
developmental disabilities shall allow a professional
employee
hired by the board prior to July 17, 1990, who does not
meet the
standards for certification established under section
5126.25 of
the Revised Code for the position he holds on July 17,
1990, to
elect to do one of the following:
(1) Accept a position with the board, if such a position
is
available, for which he the employee meets the certification
standards;
(2) Remain in the position he the employee holds on July 17,
1990, and
comply with the provisions of a professional development
plan
prescribed by the director of mental retardation and
developmental disabilities under division (B) of this section.
If the employee accepts a position under division (A)(1) of
this section, his the employee's compensation shall be not less
than the
compensation he the employee received in the position he
the employee held on July 17,
1990.
(B) If an employee elects the option described in division
(A)(2) of this section, the board shall notify the department.
The
director shall issue a temporary certificate to the employee
for
the position he the employee holds and develop a
professional
development
plan for him the employee. The temporary certificate
shall be
valid only
during the period required for completion of
the professional
development plan and only while the employee is
employed by the
board by which he the employee was employed on
July 17, 1990.
The plan shall
specify the coursework the employee
must successfully complete
and any other requirements for
certification and the schedule for
completion of the plan, except:
(1) The plan shall not require that the employee complete
more than six semester hours, or the equivalent, of coursework in
any twelve-month period;
(2) All coursework must be completed at an accredited
college
or university recognized by the department;
(3) The plan shall not require the employee to complete
more
than sixty semester hours, or the equivalent, of coursework,
or to
obtain a bachelor's or higher degree if a greater number of
hours
of coursework would be required to do so.
Notwithstanding any standards for certification established
by the director under section 5126.25 of the Revised Code, if the
employee successfully completes the professional development plan
within the time specified, the director shall grant him the
employee the
appropriate certificate for the position he the
employer holds.
Sec. 5126.28. (A) As used in this section:
(1) "Applicant" means a person who is under final
consideration for appointment to or employment in a position with
a
county board of mental retardation and developmental
disabilities, including, but not limited to, a person who is being
transferred to the county board and an employee who is being
recalled or
reemployed after a layoff.
(2) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(3) "Minor drug possession offense" has the same meaning as
in section
2925.01 of the Revised Code.
(B) The superintendent of a county board of mental
retardation and developmental disabilities shall request the
superintendent of the bureau of criminal identification and
investigation to conduct a criminal records check with respect to
any applicant who has applied to the board for employment in any
position, except that a county board superintendent is not
required
to request a criminal records check for an employee of
the board who is
being considered for a different position or is
returning after
a leave of absence or seasonal break in
employment, as long as the
superintendent has no reason to believe
that the employee has committed any of
the offenses listed or
described in division (E) of this
section.
If the applicant does not present proof that the
applicant
has been a resident of this state for the five-year
period
immediately prior to the date upon which the criminal
records
check is requested, the county board superintendent shall
request
that the superintendent of the bureau obtain information
from the
federal bureau of investigation as a part of the
criminal records
check for the applicant. If the applicant
presents proof that the
applicant has been a resident of this
state for that five-year
period, the county board superintendent
may request that the
superintendent of the bureau include
information from the federal
bureau of investigation in the
criminal records check. For
purposes of this division, an
applicant may provide proof of
residency in this state by
presenting, with a notarized statement
asserting that the
applicant has been a resident of this state for
that five-year
period, a valid driver's license, notification of
registration as
an elector, a copy of an officially filed federal
or state tax
form identifying the applicant's permanent residence,
or any
other document the superintendent considers acceptable.
(C) The county board superintendent shall provide to each
applicant a copy of the form prescribed pursuant to division
(C)(1) of section 109.572 of the Revised Code, provide to each
applicant a standard impression sheet to obtain fingerprint
impressions prescribed pursuant to division (C)(2) of section
109.572 of the Revised Code, obtain the completed form and
impression sheet from each applicant, and forward the completed
form and impression sheet to the superintendent of the bureau of
criminal identification and investigation at the time the
criminal
records check is requested.
Any applicant who receives pursuant to this division a copy
of the form prescribed pursuant to division (C)(1) of section
109.572 of the Revised Code and a copy of an impression sheet
prescribed pursuant to division (C)(2) of that section and who is
requested to complete the form and provide a set of fingerprint
impressions shall complete the form or provide all the
information
necessary to complete the form and shall provide the
impression
sheet with the impressions of the applicant's fingerprints. If an
applicant, upon request, fails to provide the information
necessary to complete the form or fails to provide impressions of
the applicant's fingerprints, the county board superintendent
shall not
employ that applicant.
(D) A county board superintendent may request any other
state
or federal agency to supply the board with a written
report
regarding the criminal record of each applicant. With regard to an
applicant who becomes a board employee, if the employee
holds an
occupational or professional license or other credentials, the
superintendent may request that the state or federal agency that
regulates the
employee's occupation or profession supply the board
with a written report of
any information pertaining to the
employee's criminal record that the agency
obtains in the course
of conducting an investigation or in the process of
renewing the
employee's license or other credentials.
(E) Except as provided in division (K)(2) of this section
and
in rules adopted by the department of mental retardation and
developmental disabilities in accordance with division (M) of
this
section, no county board of mental retardation and
developmental
disabilities shall employ a person to fill a
position with the
board who has been convicted of or pleaded
guilty to any of the
following:
(1) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2903.341, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21,
2907.22,
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323,
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24,
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04,
2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of
section 2905.04 of the Revised Code as it existed prior to July 1,
1996, a
violation of section 2919.23 of the Revised Code that
would have been a
violation of section 2905.04 of the Revised Code
as it existed prior to July
1, 1996, had the violation occurred
prior to that date, a violation of
section 2925.11 of the Revised
Code that is not a minor drug possession
offense, or felonious
sexual penetration in violation of former
section 2907.12 of the
Revised Code;
(2) A felony contained in the Revised Code that is not
listed
in this division, if the felony bears a direct and
substantial
relationship to the duties and responsibilities of
the position
being filled;
(3) Any offense contained in the
Revised Code constituting a
misdemeanor of the first degree
on the first offense and a felony
on a subsequent offense, if the offense
bears a direct and
substantial relationship to the position being filled and
the
nature of the services being provided by the county board;
(4) A violation of an existing or former municipal ordinance
or law of this
state, any other state, or the United States, if
the offense is
substantially equivalent to any of the offenses
listed or described in
division (E)(1), (2), or (3) of this
section.
(F) Prior to employing an applicant, the county board
superintendent shall require the applicant to submit a statement
with the applicant's signature attesting that the applicant has
not been
convicted of or pleaded guilty to any of the offenses
listed or described in
division
(E) of this section. The
superintendent also shall require the applicant
to sign an
agreement
under which the applicant agrees to notify the
superintendent within fourteen
calendar days if, while
employed by
the board, the applicant is ever formally charged with, convicted
of, or pleads guilty to any of the
offenses listed or described in
division
(E) of this section. The agreement shall
inform the
applicant that failure to report formal charges, a conviction, or
a
guilty plea may result in being
dismissed from employment.
(G) A county board of mental retardation and
developmental
disabilities shall pay to the bureau of criminal
identification
and investigation the fee prescribed pursuant to
division (C)(3)
of section 109.572 of the Revised Code for each
criminal records
check requested and conducted pursuant to this
section.
(H)(1) Any report obtained pursuant to this section is not
a
public record for purposes of section 149.43 of the Revised
Code
and shall not be made available to any person, other than
the
applicant who is the subject of the records check or criminal
records check or the applicant's representative, the board
requesting
the records check or criminal records check or its
representative, the department of mental
retardation and
developmental disabilities,
and any court, hearing officer, or
other
necessary individual involved in a case dealing with the
denial
of employment to the applicant or the denial, suspension,
or
revocation of a certificate or evidence of registration under
section 5126.25 of the Revised Code.
(2) An individual for whom a county board superintendent
has
obtained reports under this section may submit a written request
to the
county board to have copies of the
reports sent to any
state agency, entity of local government, or
private entity. The
individual shall specify in the request the agencies or
entities
to which the copies are to be sent. On receiving the
request, the
county board shall send copies of the reports to the
agencies or
entities specified.
A county board may request that a state agency, entity of
local government, or private entity send copies to the board of
any report regarding a records check or criminal records check
that the agency or entity possesses, if the county board obtains
the
written consent of the individual who is the subject of the
report.
(I) Each county board superintendent shall request the
registrar of motor vehicles to supply the superintendent with a
certified
abstract regarding the record of convictions for
violations of
motor vehicle laws of each applicant who will be
required by the applicant's
employment to transport individuals
with mental retardation or
developmental disabilities or to
operate the board's vehicles for
any other purpose. For each
abstract provided under this
section, the board shall pay the
amount specified in section
4509.05 of the Revised Code.
(J) The county board superintendent shall provide each
applicant with a copy of any report or abstract obtained about
the
applicant under this section. At the request of the director of
mental
retardation and developmental disabilities, the
superintendent also shall
provide
the director with a copy of a
report or abstract obtained
under this section.
(K)(1) The county board superintendent shall inform each
person, at the time of the person's initial application for
employment,
that the person is required to provide a set of
impressions of the person's
fingerprints and that a criminal
records check is required to be
conducted and satisfactorily
completed in accordance with section
109.572 of the Revised Code
if the person comes under final consideration
for appointment or
employment as a precondition to employment
in a position.
(2) A board may employ an applicant
pending receipt of
reports requested under this section. The
board shall terminate
employment of any such applicant if it is
determined from the
reports that the applicant failed to inform the county
board that
the applicant had been convicted of or pleaded guilty to any of
the offenses listed or described in division (E) of this section.
(L) The board may charge an applicant a fee for costs it
incurs in obtaining reports, abstracts, or fingerprint
impressions
under this section. A fee charged under this
division shall not
exceed the amount of the fees the board pays
under divisions (G)
and (I) of this section. If a fee is charged
under this division,
the board shall notify the applicant of the
amount of the fee at
the time of the applicant's initial application for
employment and
that, unless the fee is paid, the board will
not consider the
applicant for employment.
(M) The department of mental retardation and developmental
disabilities shall adopt rules pursuant to Chapter 119. of the
Revised Code to implement this section and section 5126.281 of
the
Revised Code, including rules specifying circumstances under
which
a county board or contracting entity may hire a person who
has
been convicted of or pleaded guilty to an offense listed or
described in
division (E) of
this section but who meets standards
in regard to rehabilitation set
by the department. The rules may
not authorize a county board or
contracting entity to hire an
individual who is included in the registry
established under
section 5123.52 of the Revised Code.
Sec. 5126.281. (A) As used in this section:
(1) "Contracting
entity" means an entity under contract with
a county board of
mental retardation and developmental
disabilities for the
provision of specialized services to
individuals with
mental
retardation or a developmental disability.
(2) "Direct services position" means an employment position
in
which the employee has physical contact with, the opportunity
to be alone
with, or exercises supervision or control
over one or
more individuals with mental retardation or a
developmental
disability.
(3) "Specialized services" means any program or service
designed
and operated to serve primarily individuals with mental
retardation or a
developmental disability, including a program or
service provided
by an entity licensed or certified by the
department of mental
retardation and developmental disabilities.
If there is a
question as to whether a contracting entity is
providing specialized
services, the contracting entity may request
that the director of
mental retardation and developmental
disabilities make a
determination. The director's determination is
final.
(B)(1) Except as provided in division (B)(2) of
this section,
each contracting entity shall conduct background
investigations in
the same manner county boards conduct
investigations under section
5126.28 of the Revised Code of all
persons under final
consideration for employment with the
contracting entity in a
direct services position. On request, the
county board shall
assist a contracting entity in obtaining reports from the bureau
of criminal identification and investigation or any other state
or
federal agency and in obtaining abstracts from the registrar
of
motor vehicles.
(2) A contracting entity is not required to request a
criminal
records check for either of the following:
(a) An employee of the entity who is in a direct services
position and being considered for a different direct services
position or is
returning after a leave
of absence or seasonal
break in employment, as long as the
contracting entity has no
reason to believe that the employee has
committed any of the
offenses listed or described in division (E)
of section 5126.28 of
the Revised Code;
(b) A person who will provide only respite care under a
family
support services program established under section 5126.11
of the
Revised Code, if the person is selected by a
family member
of the individual with mental retardation or a developmental
disability who is to receive the respite
care.
(C) No contracting entity shall place a person in a
direct
services position if the
person has been convicted of or pleaded
guilty to any offense
listed or described in division (E) of
section 5126.28 of the
Revised Code, unless the person meets the
standards for
rehabilitation established by rules adopted under
section 5126.28
of the Revised Code.
(D) A contracting entity may place a person in a direct
services
position pending receipt of
information concerning the
person's background investigation from the bureau of criminal
identification and investigation, the registrar of motor
vehicles,
or any other state or federal agency if the person
submits to the
contracting entity a statement with the
person's signature
that
the person has not been convicted of or pleaded guilty
to any of
the
offenses listed or described in division (E) of section
5126.28
of the Revised Code. No contracting entity shall fail to
terminate the placement of such person if the contracting entity
is informed that the person has been convicted of or pleaded
guilty to any of the offenses listed or described in division (E)
of section
5126.28 of the Revised Code.
(E) Prior to employing a person in a direct services
position, the
contracting entity shall require the person to
submit a statement with the
applicant's signature attesting that
the applicant has not been convicted of
or pleaded guilty to any
of the offenses listed or described in division
(E) of section
5126.28 of the Revised Code. The contracting entity also shall
require the person to sign an agreement to notify the contracting
entity
within fourteen calendar days if,
while employed by the
entity, the person is ever formally charged
with, convicted of, or
pleads guilty to any of
the offenses listed or described in
division (E) of section 5126.28 of the
Revised Code. The agreement
shall inform the person that failure to report
formal charges, a
conviction, or a guilty plea may result in
being dismissed from
employment.
(F) A county board may take appropriate action against a
contracting entity that violates this
section, including
terminating the contracting entity's contract
with the board.
Sec. 5126.29. (A) No professional or management employee
in
a position that requires a license issued by the state
board of
education under sections 3319.22 to
3319.31 of the
Revised Code or
a certificate issued by the director of mental
retardation and
developmental disabilities under section 5126.25
of the Revised
Code shall terminate the employee's
employment contract with a
county board of mental retardation and
developmental disabilities
without obtaining the written consent of the board
prior to the
termination or giving the board written notice of the termination
at least thirty days before its effective date.
(B) Upon complaint by a county board of mental retardation
and developmental disabilities that a person holding a
license
issued under sections 3319.22 to 3319.31 of the
Revised Code has
violated division (A) of this section, the state
board of
education shall investigate the complaint. If the state board
determines that the person did violate division (A) of this
section, it may
suspend the person's license for a period of time
not exceeding one year as
determined by the state board.
(C) Upon complaint by a county board of mental retardation
and developmental disabilities that a person holding a
certificate
issued under section 5126.25 of the Revised Code has
violated
division (A) of this section, the director of mental
retardation
and developmental disabilities shall investigate the
complaint. If
the director determines that the person did
violate division (A)
of this section, the director may suspend
the person's certificate
for a period of time not exceeding one
year as determined by the
director.
Sec. 5126.30. As used in sections 5126.30 to
5126.34
of
the
Revised Code:
(A) "Adult" means a person eighteen
years of age or older
with mental retardation
or a developmental disability.
(B) "Caretaker" means a person who is responsible for the
care of an adult by order of a court, including an order of
guardianship, or who assumes the responsibility for the care of
an
adult as a volunteer, as a family member, by contract, or by
the
acceptance of payment for care.
(C) "Abuse" has the same meaning as in section
5123.50 of
the
Revised Code, except that it includes
a misappropriation, as
defined in that section.
(D) "Neglect" has the same meaning as in section 5123.50 of
the
Revised Code.
(E) "Exploitation" means the unlawful or improper act of a
caretaker using an adult or an adult's resources for monetary or
personal benefit, profit, or gain, including misappropriation, as
defined in section 5123.50 of the Revised Code, of an adult's
resources.
(F) "Working day" means Monday, Tuesday, Wednesday,
Thursday,
or Friday, except when that day is a holiday as defined
in section
1.14 of the Revised Code.
(G) "Incapacitated" means lacking understanding or
capacity,
with or without the assistance of a caretaker, to make
and carry
out decisions regarding food, clothing, shelter, health
care, or
other necessities, but does not include mere refusal to
consent to
the provision of services.
(H) "Emergency protective services" means protective services
furnished to a person with mental retardation or a developmental
disability to prevent immediate physical harm.
(I) "Protective services" means services provided by the
county board of mental retardation and developmental disabilities
to an adult with mental retardation or a developmental disability
for the prevention, correction, or discontinuance of an act of as
well as conditions resulting from abuse, neglect, or exploitation.
(J) "Protective service plan" means an individualized plan
developed by the county board of mental retardation and
developmental disabilities to prevent the further abuse, neglect,
or exploitation of an adult with mental retardation or a
developmental disability.
(K) "Substantial risk" has the same meaning as in section
2901.01 of the Revised Code.
(L) "Party" means all of the following:
(1) An adult who is the subject of a probate proceeding under
sections 5126.30 to 5126.33 of the Revised Code;
(2) A caretaker, unless otherwise ordered by the probate
court;
(3) Any other person designated as a party by the probate
court including but not limited to, the adult's spouse, custodian,
guardian, or parent.
(M) "Board" means a county board of mental retardation and
developmental disabilities.
Sec. 5126.31. (A) A county board of mental retardation
and
developmental disabilities shall review reports of abuse and
neglect made under section 5123.61 of the Revised Code and
reports
referred to it under section 5101.611 of the Revised Code
to
determine whether the person who is the subject of the report
is
an adult
with mental retardation or a developmental disability in
need
of services to deal with the abuse or neglect. The board
shall
give notice of each report to the registry office of the
department of mental retardation and developmental disabilities
established pursuant to section 5123.61 of the Revised Code on
the
first working day after receipt of the report. If the report
alleges that there is a substantial risk to the adult of
immediate
physical harm or death, the board shall initiate review
within
twenty-four hours of its receipt of the report. If the
board
determines that the person is sixty years of age or older
but does
not have mental retardation or a developmental
disability, it
shall refer the case to the county department of job and
family
services. If the board determines that the person is an adult
with
mental retardation or a
developmental disability, it shall
continue its review of
the case.
(B) For each review over which the board retains
responsibility under division (A) of this section, it shall do
all
of the following:
(1) Give both written and oral notice of the purpose of
the
review to the adult and, if any, to the
adult's legal counsel or
caretaker, in simple and clear language;
(2) Visit the adult, in the adult's
residence if possible,
and
explain the notice given under division (B)(1) of this
section;
(3) Request from the registry office any prior reports
concerning the adult or other principals in the case;
(4) Consult, if feasible, with the person who made the
report
under section 5101.61 or 5123.61 of the Revised Code and
with any
agencies or persons who have information about the
alleged abuse
or neglect;
(5) Cooperate fully with the law enforcement agency
responsible for investigating the report and for filing any
resulting criminal charges and, on request, turn over evidence to
the agency;
(6) Determine whether the adult needs services, and
prepare
a
written report stating reasons for the determination.
No adult
shall be determined to be abused, neglected, or in need
of
services for the sole reason that, in lieu of medical
treatment,
the adult relies on or is being furnished
spiritual treatment
through prayer alone in accordance with the tenets and practices
of a church or religious denomination of which the adult is a
member or
adherent.
(C) The board shall arrange for the provision of services
for
the prevention, correction or discontinuance of abuse or
neglect
or of a condition resulting from abuse or neglect for any
adult
who has been determined to need the services and consents
to
receive them. These services may include, but are not limited
to,
service and support administration, fiscal
management, medical,
mental health,
home health care, homemaker,
legal, and residential
services and
the provision of temporary
accommodations and
necessities such as
food and clothing. The
services do not
include
acting as a
guardian, trustee, or
protector as defined in
section
5123.55 of
the Revised Code. If
the provision of
residential
services would
require expenditures
by the department
of mental
retardation and
developmental
disabilities, the board
shall obtain
the approval
of the
department prior to arranging the
residential
services.
To arrange services, the board shall:
(1) Develop an individualized service plan
identifying the
types of services required for the adult, the
goals for the
services, and the persons or agencies that will
provide them;
(2) In accordance with rules established by the director
of
mental retardation and developmental disabilities, obtain the
consent of the adult or the adult's guardian to the
provision of
any of
these services and obtain the signature of the adult or
guardian
on the individual service plan. An adult who has been
found
incompetent under Chapter 2111. of the Revised Code may
consent
to services. If the board is unable to obtain consent, it
may
seek, if the adult is incapacitated, a court order pursuant to
section 5126.33 of the Revised Code authorizing the board to
arrange these services.
(D) The board shall ensure that the adult receives the
services arranged by the board from the provider and shall have
the services terminated if the adult withdraws consent.
(E) On completion of a review, the board shall submit a
written report to the registry office established under
section
5123.61 of the Revised Code. If the report includes a finding
that
a person with
mental retardation or a developmental
disability is
a victim of action or
inaction that may constitute a
crime under
federal law or the law of this
state, the board shall
submit the
report to the law enforcement agency
responsible for
investigating
the report. Reports
prepared under this section are
not public
records as defined in
section 149.43 of the Revised
Code.
Sec. 5126.311.
(A) Notwithstanding the requirement of
section
5126.31 of the Revised Code that a county board of mental
retardation and developmental disabilities review reports of abuse
and
neglect,
one of the
following government entities, at the
request of the county
board or the department of mental
retardation and developmental
disabilities, shall review the
report instead of the county board
if circumstances specified in
rules adopted under division (B) of
this section exist:
(1) Another county board of mental retardation and
developmental
disabilities;
(3) A regional council of government established pursuant
to
Chapter 167. of the Revised Code;
(4) Any other government entity authorized to investigate
reports
of abuse and neglect.
(B) The director of mental retardation and developmental
disabilities shall adopt rules in accordance with Chapter 119. of
the Revised Code specifying circumstances under which it is
inappropriate for a county board to review reports of abuse and
neglect.
Sec. 5126.313. (A) After reviewing a report of abuse or
neglect under
section 5126.31 of the Revised Code or a report of a
major unusual incident made in accordance with rules adopted under
section 5123.612 of the Revised Code, a county board of mental
retardation and developmental disabilities shall conduct an
investigation if
circumstances specified in rules adopted under
division (B) of
this section exist. If the circumstances
specified
in the rules
exist, the county board shall conduct the
investigation in the
manner specified by the rules.
(B) The director of mental retardation and developmental
disabilities shall adopt rules in accordance with Chapter 119. of
the Revised Code specifying circumstances under which a county
board shall conduct investigations under division (A) of this
section and the manner in which the county board shall conduct the
investigation.
Sec. 5126.33. (A) A county board of mental retardation
and
developmental disabilities may file a complaint with the
probate
court of the county in which an adult with mental retardation
or a
developmental disability resides for an order authorizing
the
board to arrange services described in division (C) of
section
5126.31 of the Revised Code for that adult if the adult is
eligible to receive services or support under section 5126.041 of
the Revised Code and the board
has been unable to secure consent.
The complaint shall include:
(1) The name, age, and address of the adult;
(2) Facts describing the nature of the abuse, neglect, or
exploitation
and supporting the board's belief that services are
needed;
(3) The types of services proposed by the board, as set
forth
in the protective service plan described in division (J) of
section 5126.30 of the Revised Code and filed with the complaint;
(4) Facts showing the board's attempts to obtain the
consent
of the adult or the adult's guardian to the
services.
(B) The board shall give the adult notice of the filing
of
the complaint and in simple and clear language shall inform
the
adult of the adult's rights in the
hearing under division (C) of
this
section and explain the consequences of a court order. This
notice shall be personally served upon all parties, and also shall
be given to the adult's legal
counsel, if any, and
the legal
rights service. The notice shall be given at least
twenty-four
hours prior to the hearing, although the court may
waive this
requirement upon a showing that there is a substantial
risk that
the adult will suffer immediate physical harm in the
twenty-four
hour period and that the board has made reasonable
attempts to
give the notice required by this division.
(C) Upon the filing of a complaint for an order under this
section, the court shall hold a hearing at least twenty-four
hours
and no later than seventy-two hours after the notice under
division (B) of this section has been given unless the court
has
waived the notice. All parties shall have the right to be
present
at the hearing, present evidence, and examine and
cross-examine
witnesses. The Ohio Rules of Evidence shall apply to a hearing
conducted pursuant to this division. The adult shall be
represented by
counsel unless the court finds that the adult has
made a
voluntary, informed, and knowing waiver of the right to
counsel.
If the adult is indigent, the court shall appoint
counsel to
represent the adult. The board shall be represented by
the
county prosecutor or an attorney designated by the board.
(D)(1) The court shall issue an order authorizing the
board
to arrange the protective services if it finds, on the basis of
clear
and convincing evidence, all of the following:
(a) The adult has been abused, neglected, or exploited;
(b) The adult is incapacitated;
(c) There is a substantial risk to the adult of immediate
physical harm or death;
(d) The adult is in need of the services;
(e) No person authorized by law or court order to give
consent for the adult is available or willing to consent to the
services.
(2) The board shall develop a detailed protective service
plan describing the services that the board will provide, or
arrange for the provision of, to the adult to prevent further
abuse, neglect, or exploitation. The board shall submit the plan
to the court for approval. The protective service plan may be
changed only by court order.
(3) In formulating the order, the court shall consider the
individual protective service plan and shall specifically
designate the
services that are necessary to deal with the abuse,
neglect, or exploitation or
condition resulting from abuse,
neglect, or exploitation and that are available
locally, and
authorize the board to arrange for these services
only. The court
shall limit the provision of these services to a
period not
exceeding six months, renewable for an additional
six-month period
on a showing by the board that continuation
of the order is
necessary.
(E) If the court finds that all other options for meeting
the
adult's needs have been exhausted, it may order that the
adult be
removed from the adult's place of residence and
placed in
another
residential setting. Before issuing that order, the
court shall
consider the adult's choice of residence and shall
determine that
the new residential setting is the least
restrictive alternative
available for meeting the adult's
needs and is a
place where the
adult can obtain the necessary requirements for
daily living in
safety. The court shall not order an adult to a
hospital or public
hospital as defined in section 5122.01 or a
state institution as
defined in section 5123.01 of the Revised
Code.
(F) The court shall not authorize a change in an adult's
placement ordered under division (E) of this section unless it
finds compelling reasons to justify a change. The parties to
whom
notice was given in division (B) of this section shall be
given
notice of a proposed change at least five working days
prior to
the change.
(G) The adult, the board, or any other person who received
notice of the petition may file a motion for modification of the
court order at any time.
(H) The county board shall pay court costs incurred in
proceedings brought pursuant to this section. The adult shall
not
be required to pay for court-ordered services.
(I)(1) After the filing of a complaint for an order under
this section, the court, prior to the final disposition, may enter
any temporary order that the court finds necessary to protect the
adult with mental retardation or a developmental disability from
abuse, neglect, or exploitation including, but not limited to, the
following:
(a) A temporary protection order;
(b) An order requiring the evaluation of the adult;
(c) An order requiring a party to vacate the adult's place of
residence or legal settlement, provided that, subject to division
(K)(1)(d) of this section, no operator of a residential facility
licensed by the department may be removed under this division;
(d) In the circumstances described in, and in accordance with
the procedures set forth in, section 5123.191 of the Revised Code,
an order of the type described in that section that appoints a
receiver to take possession of and operate a residential facility
licensed by the department.
(2) The court may grant an ex parte order pursuant to this
division on its own motion or if a party files a written motion or
makes an oral motion requesting the issuance of the order and
stating the reasons for it if it appears to the court that the
best interest and the welfare of the adult require that the court
issue the order immediately. The court, if acting on its own
motion, or the person requesting the granting of an ex parte
order, to the extent possible, shall give notice of its intent or
of the request to all parties, the adult's legal counsel, if any,
and the legal rights service. If the court issues an ex parte
order, the court shall hold a hearing to review the order within
seventy-two hours after it is issued or before the end of the next
day after the day on which it is issued, whichever occurs first.
The court shall give written notice of the hearing to all parties
to the action.
Sec. 5126.331. (A) A probate court, through a probate judge
or magistrate, may issue by telephone an ex parte emergency order
authorizing any of the actions described in division (B) of this
section if all of the following are the case:
(1) The court receives notice from the county board of mental
retardation and developmental disabilities, or an authorized
employee of the board, that the board or employee believes an
emergency order is needed as described in this section.
(2) The adult who is the subject of the notice is eligible to
receive services or support under section 5126.041 of the Revised
Code.
(3) There is reasonable cause to believe that the adult is
incapacitated.
(4) There is reasonable cause to believe that there is a
substantial risk to the adult of immediate physical harm or death.
(B) An order issued under this section may authorize the
county board of mental retardation and developmental disabilities
to do any of the following:
(1) Provide, or arrange for the provision of, emergency
protective services for the adult;
(2) Remove the adult from the adult's place of residence or
legal settlement;
(3) Remove the adult from the place where the abuse, neglect,
or exploitation occurred.
(C) A court shall not issue an order under this section to
remove an adult from a place described in division (B)(2) or (3)
of this section until the court is satisfied that reasonable
efforts have been made to notify the adult and any person with
whom the adult resides of the proposed removal and the reasons for
it, except that, the court may issue an order prior to giving the
notice if one of the following is the case:
(1) Notification could jeopardize the physical or emotional
safety of the adult.
(2) The notification could result in the adult being removed
from the court's jurisdiction.
(D) An order issued under this section shall be in effect for
not longer than twenty-four hours, except that if the day
following the day on which the order is issued is a weekend-day or
legal holiday, the order shall remain in effect until the next
business day.
(E)(1) Except as provided in division (E)(2) of this section,
not later than twenty-four hours after an order is issued under
this section, the county board or employee that provided notice to
the probate court shall file a complaint with the court in
accordance with division (A) of section 5126.33 of the Revised
Code.
(2) If the day following the day on which the order was
issued is a weekend-day or a holiday, the county board or employee
shall file the complaint with the probate court on the next
business day.
(3) Except as provided in section 5126.332 of the Revised
Code, proceedings on the complaint filed pursuant to this division
shall be conducted in accordance with section 5126.33 of the
Revised Code.
Sec. 5126.333. Any person who has reason to believe that
there is a substantial risk to an adult with mental retardation or
a developmental disability of immediate physical harm or death and
that the responsible county board of mental retardation and
developmental disabilities has failed to seek an order pursuant to
section 5126.33 or 5126.331 of the Revised Code may notify the
department of mental retardation and developmental disabilities.
Within twenty-four hours of receipt of such notice, the department
shall cause an investigation to be conducted regarding the notice.
The department shall provide assistance to the county board to
provide for the health and safety of the adult as permitted by
law.
Sec. 5126.34.
Each county board of mental
retardation and
developmental disabilities shall provide
comprehensive, formal
training for county board employees and
other persons authorized
to implement sections 5126.30 to 5126.34
of the Revised Code.
The department of mental retardation and
developmental
disabilities shall adopt rules establishing minimum
standards for
the training provided by county boards
pursuant to
this
section.
The training
provided by the
county boards shall meet the minimum
standards prescribed
by the
rules.
Sec. 5126.36. (A) As used in this section, "health-related
activities," "prescribed medication," and
"tube feeding"
have the
same meanings as in section 5123.41 of the
Revised Code.
(B) In accordance with sections 5123.42 and 5123.651 of the
Revised Code,
an
employee of
a county board of
mental retardation
or
developmental
disabilities
or an entity
under contract with the
board who is not
specifically
authorized by other provisions of
the Revised Code to
administer
prescribed medications, perform
health-related
activities, perform tube feedings, or provide
assistance in the self-administration of prescribed medications
may do so
pursuant to the authority granted
under those
sections.
Sec. 5126.41. The county board of mental retardation and
developmental disabilities shall identify residents of the county
for whom supported living is to be provided. Identification of the
residents
shall be made in accordance with the priorities set
under
section 5126.04 of the Revised Code and the waiting list
policies developed
under section 5126.042 of the Revised Code. The
board shall assist the residents in identifying their individual
service
needs.
To arrange supported living for an individual, the board
shall assist the individual in developing an individual service
plan.
In developing the plan, the individual shall choose a
residence that is
appropriate according to local standards; the
individuals, if any, with whom
the individual
will live in the
residence; the services the individual needs
to live in the
individual's residence of
choice; and the providers from which the
services will be received. The
choices available to an individual
shall be based on available resources.
The board shall obtain the consent of the individual or the
individual's guardian and
the signature of the individual or
guardian on the individual
service plan. The county board shall
ensure
that the individual receives from the provider the services
contracted for under section 5126.45 of the Revised Code.
An individual service plan for supported living shall be
effective for a
period of time agreed to by the county board and
the individual. In
determinating that period, the county board and
the individual shall consider
the nature of the services to be
provided and the manner in which they are
customarily provided.
Sec. 5126.42. (A) A county board of mental retardation
and
developmental disabilities shall establish an advisory
council
composed of board members or employees of the board,
providers,
individuals receiving supported living, and advocates
for
individuals receiving supported living to provide on-going
communication among all persons concerned with supported living.
(B) The board shall develop procedures for the resolution
of
grievances between the board and providers or between the
board
and an entity with which it has a shared funding agreement.
(C) The board shall develop and implement a provider
selection system. Each system shall enable an individual to
choose
to continue receiving supported living from the same
providers, to
select additional providers, or to choose
alternative providers.
Annually, the board shall review its
provider selection system to
determine whether it has been
implemented in a manner that allows
individuals fair and
equitable access to providers.
In developing a provider selection system, the county board
shall create a pool of providers for individuals to use in
choosing their providers of supported living. The pool shall be
created by placing in the pool all providers on record with the
board or by placing in the pool all providers approved by the
board through soliciting requests for proposals for supported
living contracts. In either case, only providers that are
certified by the director of mental retardation and
developmental
disabilities
may be placed in the pool.
If the board places all providers on record in the pool,
the
board shall review the pool at least annually to determine
whether
each provider has continued interest in being a provider
and has
maintained its certification by the department. At any
time, an
interested and certified provider may make a request to
the board
that it be added to the pool, and the board shall add
the provider
to the pool not later than seven days after
receiving the request.
If the board solicits requests for proposals for inclusion
of
providers in the pool, the board shall develop standards for
selecting the providers to be included. Requests for proposals
shall be solicited at least annually. When requests are
solicited,
the board shall cause legal notices to be published at
least once
each week for two consecutive weeks in a newspaper
with general
circulation within the county. The board's formal
request for
proposals shall include a description of any
applicable contract
terms, the standards that are used to select
providers for
inclusion in the pool, and the process the board
uses to resolve
disputes arising from the selection process. The
board shall
accept requests from any entity interested in being a
provider of
supported living for individuals served by the board.
Requests
shall be approved or denied according to the standards
developed
by the board. Providers that previously have been
placed in the
pool are not required to resubmit a request for
proposal to be
included in the pool, unless the board's standards
have been
changed.
In assisting an individual in choosing a provider, the
county
board shall provide the individual with uniform and
consistent
information pertaining to each provider in the pool. An
individual
may choose
to receive supported living from a provider
that is
not included
in the pool, if the provider is certified by
the
director of mental retardation and developmental
disabilities.
Sec. 5126.43. (A) After receiving notice from the department
of mental
retardation and developmental disabilities of the amount
of state funds to be distributed to
it for planning, developing,
contracting for, and
providing supported living, the county board
of mental
retardation
and developmental disabilities shall
arrange for supported living
on behalf of and with the consent of
individuals based on their
individual
service plans developed
under section 5126.41 of the
Revised Code. With the
state
distribution and any other money
designated by the board for
supported
living, the board shall
arrange for supported living in
one or more
of the following ways:
(1) By contracting under section 5126.45 of the Revised Code
with providers
selected by the individual to be served;
(2) By entering into shared funding agreements with state
agencies, local
public agencies, or political subdivisions at
rates negotiated by the board;
(3) By providing direct payment or vouchers to be used to
purchase
supported living, pursuant to a written contract in an
amount determined by the board, to the
individual or a person
providing the individual with protective services as
defined in
section 5123.55 of the Revised Code.
(B) The board may arrange for supported
living only with
providers that are certified by the
director of mental
retardation and developmental disabilities.
When no certified provider is willing and able to provide
supported living for
an individual in accordance with the terms of
the individual service plan for
that individual, a county board
may provide supported living directly if it
is certified by the
director of mental retardation and
developmental disabilities to
provide supported living.
A county board may, for a period not to exceed ninety days,
contract for or
provide supported living without meeting the
requirements of this section for
an individual it determines to be
in emergency need of supported living.
Thereafter, the individual
shall choose providers in accordance with sections
5126.41 and
5126.42 of the Revised Code.
Sec. 5126.45. (A) A contract between a county board of
mental retardation and developmental disabilities and a provider
of supported living shall be in writing and shall be based on the
individual
service plan developed by the individual under section
5126.41 of the Revised
Code. The plan may be submitted as an
addendum to the contract. An
individual receiving services
pursuant to a contract shall be considered a
third-party
beneficiary to the contract.
(B) The contract shall be negotiated between the provider and
the county
board. The terms of the contract shall include at least
the following:
(1) The contract period and conditions for renewal;
(2) The services to be provided pursuant to the individual
service plan;
(3) The rights and responsibilities of all parties to the
contract;
(4) The methods that will be used to evaluate the services
delivered by the
provider;
(5) Procedures for contract modification that ensure all
parties affected by
the modification are involved and agree;
(6) A process for resolving conflicts between individuals
receiving services,
the county board, and the provider, as
applicable;
(7) Procedures for the retention of applicable records;
(8) Provisions for contract termination by any party involved
that include
requirements for an appropriate notice of intent to
terminate the contract;
(9) Methods to be used to document services provided;
(10) Procedures for submitting reports required by the county
board as a
condition of receiving payment under the contract;
(11) The method and schedule the board will use to make
payments to the
provider and whether periodic payment adjustments
will be made to the
provider;
(12) Provisions for conducting fiscal reconciliations for
payments made
through methods other than a fee-for-service
arrangement.
(C) Payments to the provider under a supported living
contract must be determined by the board to be reasonable in
accordance with policies and procedures developed by the board.
Goods or services provided without charge to the provider shall
not be included as expenditures of the provider.
(D) The board shall establish procedures for reconciling
expenditures and payments, other than those made under a
fee-for-service
arrangement, for the prior contract year when a
contract is not renewed and shall reconcile expenditures and
payments in accordance with these procedures.
(E) A provider or an entity with which the board has
entered
into a shared funding agreement may appeal a negotiated
contract
or proposed shared funding rate to the county board
using the
procedures established by the board under section
5126.42 of the
Revised Code.
Sec. 5126.46. (A) No county board of mental retardation and
developmental
disabilities shall be obligated to use any money
other than money in the
community mental retardation and
developmental disabilities residential
services fund to furnish
residential services.
(B) Except with respect to a child required to be
provided
services pursuant to section 121.38 of the Revised Code, no court
or other
entity of
state or local government shall order or
otherwise
require a county board of mental retardation and
developmental disabilities to
use money from local sources for
residential services for an individual with
mental retardation or
developmental disabilities or to arrange for residential
services
for such an individual unless a vacancy exists in an appropriate
residential setting within the county.
Sec. 5126.47. A county board of mental retardation and
developmental disabilities may, pursuant to a resolution
adopted
by an affirmative vote of the majority of its members,
establish,
by agreement with one or more other county boards of
mental
retardation and developmental disabilities, a residential
services
consortium to jointly provide residential services and
supported
living. The agreement shall designate one board to
assume the
fiscal responsibilities for the consortium. The
county
auditor of
the designated county shall establish a
community
mental
retardation and developmental disabilities
residential
services
fund for the consortium. Each board that is
a member of
the
consortium shall cause to be deposited in the
fund any state or
federal money received
for community
residential services the
county board has agreed to
contribute to
the consortium.
Sec. 5126.49. The county board of mental retardation and
developmental disabilities may adopt a resolution requesting the
board of county commissioners to implement a residential facility
linked deposit program under sections 5126.51 to 5126.62 of the
Revised Code if the county board of mental retardation and
developmental disabilities finds all of the following:
(A) There is a shortage of residential facilities in the
county for individuals with mental retardation or developmental
disabilities.
(B) Eligible organizations, otherwise willing and able to
develop residential facilities in the county, have been unable to
do so because of high interest rates.
(C) Placement of residential facility linked deposits will
assist in financing the development of residential facilities in
the county that otherwise would not be developed because of high
interest rates.
The board shall transmit a certified copy of the resolution
to the board of county commissioners.
Sec. 5126.50. If the board of county commissioners adopts a
resolution under
sections 135.801 and 135.802 of the Revised Code
implementing a residential
facility linked deposit program, the
county board of mental retardation and
developmental disabilities
shall adopt a resolution that does all of the
following:
(A) Establishes standards for its review of applications and
its approval or
disapproval of proposed residential facilities
under section 5126.55 of the
Revised Code;
(B) Prescribes the form of applications under section 5126.54
of the Revised
Code;
(C) Establishes standards for approval or disapproval of
applications for
linked deposit loans under section 5126.58 of the
Revised Code.
Sec. 5126.54. An eligible organization that seeks a
residential facility linked deposit loan to finance all or part
of
the development of a residential facility shall obtain
approval of
the proposed project from the county board of mental
retardation
and developmental disabilities of the county in which
the facility
will be developed. The application shall be in the
form prescribed
by the board and include all of the following:
(A) The organization's name, business address, and
telephone
number;
(B) The name of an officer or employee of the organization
who may be contacted with regard to the application;
(C) A description of the residential facility and a
timetable
showing the time at which each phase of its development
is
expected to be completed;
(D) The amount of the loan to be applied for;
(E) Any other information the board considers necessary to
successfully review the application.
Whoever knowingly makes a false statement on an application
is guilty of the offense of falsification under section 2921.13
of
the Revised Code.
Sec. 5126.55. The county board of mental retardation and
developmental disabilities shall review each application filed
under section 5126.54 of the Revised Code and adopt a resolution
approving or disapproving development of the proposed residential
facility. The board shall not approve development of the
proposed
residential facility unless it finds, based upon the
application
and its evaluation of the applicant, that development
of the
residential facility is consistent with its plan and
priorities,
under section 5126.05 of the Revised Code, for the
provision of
residential facilities for individuals with mental
retardation or
developmental disabilities residing in the county.
The resolution shall include specific findings of fact
justifying the approval or disapproval.
The board shall transmit a certified copy of the resolution
to the applicant and to the board of county commissioners.
Sec. 5126.57. In reviewing an application for a
residential
facility linked deposit loan, the eligible lending
institution
shall apply the same lending standards as it
customarily applies
to applications for loans for the development
of residential
property. The lending institution shall either
approve or
disapprove an application for a residential facility
linked
deposit loan within a reasonable time, in accordance with
commercial practice.
If the lending institution approves an application, it
shall
prepare and transmit each of the following to the county
board of
mental retardation and developmental disabilities:
(A) A certification that it is an eligible lending
institution;
(B) A statement that it has approved a residential
facility
linked deposit loan to the eligible organization and the
amount of
the loan;
(C) A copy of the eligible organization's loan application
and a copy of the resolution of the eligible organization's board
of trustees included with the loan application;
(D) Any other information the board of county
commissioners
requires in the resolution adopted under sections
135.801 and
135.802 of the Revised Code.
If the lending institution does not approve an application
for a residential facility linked deposit loan, it shall promptly
notify the county board of mental retardation and developmental
disabilities of such disapproval.
Sec. 5126.58. The county board of mental retardation and
developmental disabilities shall adopt a resolution approving or
disapproving an eligible organization's application for a
residential facility linked deposit loan. The board shall
disapprove an application unless it finds, based on the
application and its evaluation of the applicant, each of the
following:
(A) The applicant has fully complied with sections 5126.54
and 5126.56 of the Revised Code.
(B) Development of the residential facility will
materially
contribute to alleviating the shortage of residential
facilities
in the county for individuals with mental retardation
or
developmental disabilities.
(C) The applicant is ready to proceed with development of
the
residential facility, but is unable to do so because of high
interest rates.
(D) The board of county commissioners has certified that
public moneys of the county are currently available for placement
of the residential facility linked deposit necessary to provide
low-cost financing to the applicant.
(E) Placement of the residential facility linked deposit,
considered in the aggregate with all other residential facility
linked deposits under the county's residential facility linked
deposit program, will not cause the total amount of the county's
residential facility linked deposits to exceed an amount equal to
ten per cent of the operating budget of the county board of
mental
retardation and developmental disabilities for the current
year.
If placement of the residential facility linked deposit
would
cause the total amount of the county's residential facility
linked
deposits to exceed the maximum established by this
division, the
board may accept the application but limit the
amount of the
residential facility linked deposit accordingly.
The resolution shall include specific findings of fact
justifying acceptance or rejection of the application. If the
board accepts the application, it shall specify the amount of the
residential facility linked deposit in the resolution.
The board shall transmit a certified copy of the resolution
to the applicant, the eligible lending institution, and the
county's investing authority.
Sec. 5126.59. On acceptance of a residential facility
linked
deposit loan by the county board of mental retardation and
developmental disabilities, the county's investing authority
shall
enter into a residential facility linked deposit agreement
with
the eligible lending institution. The agreement shall
include all
of the following terms:
(A) An agreement by the investing authority to place
certificates of deposit with the eligible lending institution, in
the amount of the residential facility linked deposit specified
in
the resolution, at an interest rate of up to five per cent per
year below current annual market rates, for a term considered
appropriate by the investing authority, not to exceed five years,
and to renew the certificates of deposit for up to four
additional
terms, each additional term not to exceed five years;
(B) An agreement by the eligible lending institution to
lend
the value of the certificates of deposit placed with the
institution to the eligible organization at an annual interest
rate that is the same number of percentage points below the
annual
borrowing rate currently applicable to similar loans as
the annual
interest rate agreed to for certificates of deposit
placed
pursuant to division (A) of this section is below current
annual
market rates;
(C) An agreement by the eligible lending institution to
pay
interest on the certificates of deposit at times determined
by the
investing authority;
(D) The form in which the eligible lending institution is
to
make the certification required by section 5126.60 of the
Revised
Code;
(E) Any other terms necessary to carry out the purpose of
sections 5126.51 to 5126.62 of the Revised Code.
The agreement may contain terms specifying the period of
time
during which the eligible lending institution is to lend
funds
upon placement of the residential facility linked deposit.
The investing authority shall determine current market
rates
under the agreement.
Sec. 5126.61. The county investing authority shall monitor
the compliance
with
sections 5126.51 to 5126.62 of the Revised
Code of eligible lending
institutions and eligible organizations
receiving residential facility linked
deposits and loans.
The investing authority shall annually report to the board of
county commissioners and county board of mental
retardation and
developmental disabilities with regard to the
operation of the
county's residential facility linked deposit program. The report
shall list
the eligible organizations receiving residential
facility linked
deposit loans
under the residential facility
linked deposit program.
Sec. 5126.62. The county, board of county commissioners,
county board of
mental retardation and developmental disabilities,
and county investing
authority are not liable to any eligible
lending institution in any manner for
payment of the principal or
interest on a loan to an eligible organization.
Delay in payment
or default on the part of an eligible organization does not
in
any
manner affect the residential facility linked deposit agreement
between
the
county investing authority and the eligible lending
institution.
Sec. 5126.99. (A) Whoever violates division (B) of section
5126.044 of the Revised Code is guilty of a misdemeanor of the
first
degree.
(B) Whoever violates division (F) of section 5126.253 of the
Revised Code shall be punished as follows:
(1) Except as otherwise provided in division (B)(2) of this
section, the person is guilty of a misdemeanor of the fourth
degree.
(2) The person is guilty of a misdemeanor of the first degree
if both of the following conditions apply:
(a) The employee who is the subject of the report that the
person fails to submit was required to be reported for the
commission or alleged commission of an act or offense involving
the infliction on a child of any physical or mental wound, injury,
disability, or condition of a nature that constitutes abuse or
neglect of the child;
(b) During the period between the violation of division (F)
of section 5126.253 of the Revised Code and the conviction of or
plea of guilty by the person for that violation, the employee who
is the subject of the report that the person fails to submit
inflicts on any child attending a school district, educational
service center, public or nonpublic school, or county board of
mental retardation and developmental disabilities where the
employee works any physical or mental wound, injury, disability,
or condition of a nature that constitutes abuse or neglect of the
child.
Sec. 5153.16. (A) Except as provided in section 2151.422
of
the Revised
Code, in accordance with rules adopted under section
5153.166 of the Revised Code, and on
behalf of children in the
county
whom the
public children services agency considers to be in
need
of public care
or protective services, the public children
services agency shall do all of
the following:
(1) Make an investigation concerning any child alleged to be
an abused,
neglected, or dependent child;
(2) Enter into agreements with the parent, guardian, or
other
person having legal custody of any child, or with the
department
of job and family services, department of mental
health,
department of mental retardation and developmental
disabilities,
other department, any certified organization within
or outside
the
county, or any agency or institution outside the
state,
having
legal custody of any child, with respect to the
custody,
care, or
placement of any child, or with respect to any
matter, in the
interests of the child, provided the permanent
custody of a child
shall not be transferred by a parent to the
public children
services agency
without the consent of the
juvenile court;
(3) Accept custody of children committed to the public
children services
agency by a court
exercising juvenile
jurisdiction;
(4) Provide such care as the
public children services agency
considers to be in the best interests
of any child adjudicated to
be an abused, neglected, or dependent child
the agency
finds to be
in need of public care or service;
(5) Provide social services to any unmarried girl
adjudicated
to be
an abused, neglected, or dependent child who is
pregnant
with or has been
delivered of a child;
(6) Make available to the bureau for children with medical
handicaps of the department of health at its request any
information concerning a crippled child found to be in need of
treatment under sections 3701.021 to 3701.028 of the Revised Code
who is receiving services from the public
children services
agency;
(7) Provide temporary emergency care for any child
considered
by the public children
services agency to be in need of
such care,
without agreement or
commitment;
(8) Find certified foster homes, within or outside the
county, for the care of children, including handicapped children
from other counties attending special schools in the county;
(9) Subject to the approval of the board of county
commissioners and the state department of job and family services,
establish and operate a training school or enter into an
agreement
with any municipal corporation or other political
subdivision of
the county respecting the operation, acquisition,
or maintenance
of any children's home, training school, or other
institution for
the care of children maintained by such municipal
corporation or
political subdivision;
(10) Acquire and operate a county children's home,
establish,
maintain, and operate a receiving home for the
temporary care of
children, or procure certified foster
homes for
this purpose;
(11) Enter into an agreement with the trustees of any
district children's home, respecting the operation of the
district
children's home in cooperation with the other county
boards in the
district;
(12) Cooperate with, make its services available to, and
act
as the agent of persons, courts, the department of job and family
services, the department of health, and other organizations
within
and outside the state, in matters relating to the welfare
of
children, except that the public children services agency shall
not be required to provide supervision of or other services
related to the
exercise of parenting time rights granted pursuant
to section 3109.051 or 3109.12 of the Revised Code or
companionship or visitation rights
granted pursuant to section
3109.051, 3109.11, or 3109.12 of the
Revised Code unless a
juvenile court, pursuant to Chapter 2151. of
the Revised
Code, or
a common pleas court, pursuant to division
(E)(6)
of section
3113.31 of the Revised Code, requires the
provision of
supervision
or other
services related
to the exercise
of the parenting time
rights or companionship or visitation rights;
(13) Make investigations at the request of any
superintendent
of schools in the county or the principal of any
school concerning
the application of any child adjudicated to be
an abused,
neglected, or dependent child for release from school,
where such
service
is not provided through a school attendance
department;
(14) Administer funds provided under Title IV-E of the
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as
amended, in accordance with rules adopted under section 5101.141
of the Revised
Code;
(15) In addition to administering Title IV-E adoption
assistance funds, enter into agreements to make adoption
assistance payments under section 5153.163 of the Revised Code;
(16) Implement a system of safety and risk assessment, in
accordance
with
rules adopted by the director of
job and family
services, to
assist the public
children services agency in
determining the risk
of abuse or neglect to a
child;
(17) Enter into a plan of cooperation with the board of
county commissioners under section 307.983 of the Revised Code and
comply with
each fiscal agreement the board enters into under
section 307.98 of the
Revised Code that include family services
duties of public children services agencies and contracts the
board enters
into under sections 307.981 and
307.982 of the
Revised Code that
affect the public children services
agency;
(18) Make reasonable efforts to prevent the removal of an
alleged or
adjudicated abused, neglected, or dependent child from
the child's home,
eliminate the continued removal of the child
from the child's home, or make it
possible for the child to return
home safely, except that reasonable
efforts of that nature are not
required when a court has made a determination
under
division
(A)(2) of section 2151.419 of the Revised Code;
(19) Make reasonable efforts to place the child in a
timely
manner in accordance with the permanency plan approved
under
division (E) of section
2151.417 of the Revised Code and to
complete whatever
steps are necessary to finalize the permanent
placement of the
child;
(20) Administer a Title IV-A program identified under
division (A)(4)(c) or (f) of section 5101.80 of the Revised Code
that the department of job and family services provides for the
public children services agency to administer under the
department's supervision pursuant to section 5101.801 of the
Revised Code;
(21) Administer the kinship permanency incentive program
created under section 5101.802 of the Revised Code under the
supervision of the director of job and family services;
(22) Provide independent living services pursuant to sections
2151.81 to 2151.84 of the Revised Code.
(B) The public children services agency shall use the system
implemented pursuant to division (A)(16) of this section in
connection with an investigation undertaken pursuant to division
(F)(1) of section 2151.421 of the Revised Code to assess both of
the following:
(1) The ongoing safety of the child;
(2) The appropriateness of the intensity and duration of the
services provided to meet child and family needs throughout the
duration of a case.
(C) Except as provided in section 2151.422 of the Revised
Code,
in accordance with rules of the director of
job and family
services, and on
behalf of children in the county whom the public
children services agency
considers to be in need of public care or
protective services, the public
children services agency may do
the following:
(1) Provide or find, with other
child serving systems,
specialized foster care for the care of children in a
specialized
foster home, as defined in section 5103.02 of the Revised
Code,
certified under section 5103.03 of the Revised Code;
(2)(a) Except as limited by divisions (C)(2)(b) and
(c) of
this section, contract with the following for the purpose of
assisting
the agency with its duties:
(i) County departments of job and family services;
(ii) Boards of alcohol, drug addiction, and mental
health
services;
(iii) County boards of mental retardation and
developmental
disabilities;
(iv) Regional councils of political subdivisions
established
under Chapter 167. of the Revised Code;
(v) Private and government providers of services;
(vi) Managed care organizations and prepaid health plans.
(b) A public children services agency contract
under
division
(C)(2)(a) of this section regarding the agency's duties
under
section 2151.421 of the Revised Code may not provide for the
entity under contract with the agency to perform any service not
authorized by the department's rules.
(c) Only a county children services board
appointed under
section 5153.03 of the Revised Code that is a public children
services agency may contract under division (C)(2)(a) of this
section. If an
entity specified in division (B) or (C) of section
5153.02 of the Revised Code
is the public children services agency
for a county, the board of county
commissioners may enter into
contracts pursuant to section 307.982 of the
Revised Code
regarding the agency's duties.
Sec. 5153.99. Whoever violates division (F) of section
5153.176 of the Revised Code shall be punished as follows:
(A) Except as otherwise provided in division (B) of this
section, the person is guilty of a misdemeanor of the fourth
degree.
(B) The person is guilty of a misdemeanor of the first degree
if, during the period between the violation and the conviction of
or plea of guilty by the person for that violation, the license
holder who is the subject of the investigation about which the
person fails to provide information inflicts on any child
attending a school district, educational service center, public or
nonpublic school, or county board of mental retardation and
developmental disabilities where the license holder works any
physical or mental wound, injury, disability, or condition of a
nature that constitutes abuse or neglect of the child.
Sec. 5543.011. A county engineer may sell directly to a
county board of
mental retardation and developmental disabilities
gasoline and diesel fuel
that has been purchased for the use of
the county engineer's office.
Sec. 5705.091. The board of county commissioners of each
county shall establish a county mental retardation and
developmental disabilities general fund. Notwithstanding
section
5705.10 of the Revised Code, proceeds from
levies
under section
5705.222 and division (L) of section 5705.19
of the
Revised Code
shall be deposited to the credit of the
county mental
retardation
and developmental disabilities general
fund. Accounts
shall be
established within the county mental
retardation and
developmental
disabilities general fund for each
of the several
particular
purposes of the levies as specified in
the resolutions
under which
the levies were approved, and
proceeds from different
levies that
were approved for the same
particular purpose shall be
credited to
accounts for that
purpose. Other money received by
the county for
the purposes of
Chapters 3323. and 5126. of the
Revised Code and
not required by
state or federal law to be
deposited to the credit
of a different
fund shall also be
deposited to the credit of the
county mental
retardation and
developmental disabilities general
fund, in an
account appropriate
to the particular purpose for
which the money
was received.
Unless
otherwise provided by law, an
unexpended
balance at the end
of a
fiscal year in any account in
the county
mental retardation
and
developmental disabilities
general fund
shall be appropriated
the
next fiscal year to the
same fund.
A county board of mental retardation and developmental
disabilities may request, by resolution, that the board of county
commissioners establish a county mental retardation and
developmental disabilities capital fund for money to be used for
acquisition, construction, or improvement of capital facilities
or
acquisition of capital equipment used in providing services to
mentally retarded and developmentally disabled persons. The
county
board of mental retardation and developmental disabilities
shall
transmit a certified copy of the resolution to the board of
county
commissioners. Upon receiving the resolution, the board
of
county
commissioners shall establish a county mental
retardation
and
developmental disabilities capital fund.
Sec. 5705.14. No transfer shall be made from one fund of a
subdivision to any other fund, by order of the court or
otherwise,
except as follows:
(A) The unexpended balance in a bond fund that is no
longer
needed for the purpose for which such fund was created
shall be
transferred to the sinking fund or bond retirement fund
from which
such bonds are payable.
(B) The unexpended balance in any specific permanent
improvement fund, other than a bond fund, after the payment of
all
obligations incurred in the acquisition of such improvement,
shall
be transferred to the sinking fund or bond retirement fund
of the
subdivision; provided that if such money is not required
to meet
the obligations payable from such funds, it may be
transferred to
a special fund for the acquisition of permanent
improvements, or,
with the approval of the court of common pleas
of the county in
which such subdivision is located, to the
general fund of the
subdivision.
(C) The unexpended balance in the sinking fund or bond
retirement fund of a subdivision, after all indebtedness,
interest, and other obligations for the payment of which such
fund
exists have been paid and retired, shall be transferred, in
the
case of the sinking fund, to the bond retirement fund, and in
the
case of the bond retirement fund, to the sinking fund;
provided
that if such transfer is impossible by reason of the
nonexistence
of the fund to receive the transfer, such unexpended
balance, with
the approval of the court of common pleas of the
county in which
such division is located, may be transferred to
any other fund of
the subdivision.
(D) The unexpended balance in any special fund, other than
an
improvement fund, existing in accordance with division (D),
(F),
or (G) of section 5705.09 or section 5705.12 of the Revised
Code,
may be transferred to the general fund or to the sinking
fund or
bond retirement fund after the termination of the
activity,
service, or other undertaking for which such special
fund existed,
but only after the payment of all obligations
incurred and payable
from such special fund.
(E) Money may be transferred from the general fund to any
other fund of the subdivision.
(F) Moneys retained or received by a county under section
4501.04 or division (A)(3) of section 5735.27 of the Revised Code
may be transferred from the fund into which they were deposited
to
the sinking fund or bond retirement fund from which any
principal,
interest, or charges for which such moneys may be used
is payable.
(G) Moneys retained or received by a municipal corporation
under section 4501.04 or division (A)(1) or (2) of section
5735.27
of the Revised Code may be transferred from the fund into
which
they were deposited to the sinking fund or bond retirement
fund
from which any principal, interest, or charges for which
such
moneys may be used is payable.
(H)(1) Money may be transferred from the county mental
retardation and developmental disabilities general fund to the
county mental retardation and developmental disabilities capital
fund established under section 5705.091 of the Revised Code or to
any other fund created for the purposes of the county board of
mental retardation and developmental disabilities, so long as
money in the fund to which the money is transferred can be spent
for the particular purpose of the transferred money. The county
board of mental retardation and developmental disabilities may
request, by resolution, that the board of county commissioners
make the transfer. The county board of mental retardation and
developmental disabilities shall transmit a certified copy of the
resolution to the board of county commissioners. Upon receiving
the resolution, the board of county commissioners may make the
transfer. Money transferred to a fund shall be credited to an
account appropriate to its particular purpose.
(2) An unexpended balance in an account in the county
mental
retardation and developmental disabilities capital fund or
any
other fund created for the purposes of the county board of
mental
retardation and developmental disabilities may be
transferred back
to the county mental retardation and
developmental disabilities
general fund. The transfer may be
made if the unexpended balance
is no longer needed for its
particular purpose and all outstanding
obligations have been
paid. Money transferred back to the county
mental retardation
and developmental disabilities general fund
shall be credited to
an account for current expenses within that
fund. The county
board of mental retardation and developmental
disabilities may
request, by resolution, that the board of county
commissioners
make the transfer. The county board of mental
retardation and
developmental disabilities shall transmit a
certified copy of the
resolution to the board of county
commissioners. Upon receiving
the resolution, the board of county
commissioners may make the
transfer.
Except in the case of transfer pursuant to division (E) of
this section, transfers authorized by this section shall only be
made by resolution of the taxing authority passed with the
affirmative vote of two-thirds of the members.
Sec. 5705.191. The taxing authority of any subdivision,
other than the board of education of a school district or the
taxing authority of a county school financing district, by a vote
of two-thirds of all its members, may declare by resolution that
the amount of taxes that may be raised within the ten-mill
limitation by levies on the current tax duplicate will be
insufficient to provide an adequate amount for the necessary
requirements of the subdivision, and that it is necessary to levy
a tax in excess of such limitation for any of the purposes in
section 5705.19 of the Revised Code, or to supplement the general
fund for the purpose of making appropriations for one or more of
the following purposes: public assistance, human or social
services, relief, welfare, hospitalization, health, and support
of
general hospitals, and that the question of
such additional tax
levy shall be submitted to the electors of
the subdivision at a
general, primary, or special election to be
held at a time therein
specified. Such resolution shall not
include a levy on the current
tax list and duplicate unless such
election is to be held at or
prior to the general election day of the current
tax year. Such
resolution shall conform to the requirements of section 5705.19
of
the Revised Code, except that a levy to supplement the general
fund for the purposes of public assistance, human or social
services, relief, welfare, hospitalization, health, or the
support
of general or tuberculosis hospitals may not be for a
longer
period than ten years. All other levies under this
section may not
be for a longer period than five years unless a
longer period is
permitted by section 5705.19 of the Revised
Code, and the
resolution shall specify the date of holding such
election, which
shall not be earlier than seventy-five days after
the adoption and
certification of such resolution. The
resolution shall go into
immediate effect upon its passage and no
publication of the same
is necessary other than that provided for
in the notice of
election. A copy of such resolution,
immediately after its
passage, shall be certified to the board of
elections of the
proper county or counties in the manner provided
by section
5705.25 of the Revised Code, and such section shall
govern the
arrangements for the submission of such question and
other matters
with respect to such election, to which section
5705.25 of the
Revised Code refers, excepting that such election
shall be held on
the date specified in the resolution, which
shall be consistent
with the requirements of section 3501.01 of
the Revised Code,
provided that only one special election for the
submission of such
question may be held in any one calendar year
and provided that a
special election may be held upon the same
day a primary election
is held. Publication of notice of that
election shall be made in
one or more newspapers of general
circulation in the county once a
week for two consecutive weeks prior to the election, and, if the
board of elections operates and maintains a web site, the board of
elections shall post notice of the election on its web site for
thirty days prior to the election.
If a majority of the electors voting on the question vote in
favor thereof, the
taxing authority
of the subdivision may make
the necessary levy within such
subdivision at the additional rate
or at any lesser rate outside
the ten-mill limitation on the tax
list and duplicate for the
purpose stated in the resolution. Such
tax levy shall be
included in the next annual tax budget that is
certified to the
county budget commission.
After the approval of such a levy by
the
electors, the taxing
authority of the subdivision may anticipate a
fraction
of the
proceeds of such levy and issue anticipation notes. In
the case of
a continuing levy that is not levied for the purpose of current
expenses, notes may be issued at any time after approval of the
levy in an amount
not more than fifty per cent of the total
estimated proceeds of
the levy for the succeeding ten years, less
an
amount equal to the fraction of the proceeds of the levy
previously
anticipated by the issuance
of anticipation notes. In
the case of a levy for a
fixed period that is not for the purpose
of current expenses, notes may
be issued at any time after
approval of the levy in an amount not more
than fifty per cent of
the total estimated proceeds of the levy
throughout the remaining
life of the levy, less an amount
equal to the fraction of the
proceeds of the levy previously anticipated by
the issuance of
anticipation notes. In the case
of a levy for current expenses,
notes may be issued after the
approval of the levy by the electors
and prior to the time when the
first tax collection from the levy
can be made. Such notes may
be issued in an amount not more than
fifty per cent of the total
estimated proceeds of the levy
throughout the term of the levy
in the case of a levy for a fixed
period, or fifty per cent of
the total estimated proceeds for the
first ten years of the levy
in the case of a continuing levy.
No anticipation notes that increase the net
indebtedness of a
county may be issued without the prior consent
of the board of
county commissioners of that county. The notes
shall be issued as
provided in section 133.24 of the Revised
Code, shall have
principal payments during each year after the
year of their
issuance over a period not exceeding the life of
the levy
anticipated, and may have a principal payment in the
year of their
issuance.
"Taxing authority" and "subdivision" have the same meanings
as in section 5705.01 of the Revised Code.
"Human or social services" includes a county's contributions
to a multicounty board of mental retardation and developmental
disabilities of which the county is a member.
This section is supplemental to and not in derogation of
sections 5705.20, 5705.21, and 5705.22 of the Revised Code.
Sec. 5705.222. (A) At any time the board of county
commissioners of any county by a majority vote of the full
membership may declare by resolution and certify to the board of
elections of the county that the amount of taxes which may be
raised within the ten-mill limitation by levies on the current
tax
duplicate will be insufficient to provide the necessary
requirements of the single county board of mental retardation and
developmental disabilities established pursuant to Chapter 5126.
of the Revised Code, or the county's contribution to a multicounty
board created under that chapter of which the county is a member,
and that it is necessary to levy a tax in
excess of such
limitation for the operation of programs and
services by county
boards of mental retardation and
developmental disabilities and
for the acquisition, construction,
renovation, financing,
maintenance, and operation of mental
retardation and developmental
disabilities facilities.
Such resolution shall conform to section 5705.19 of the
Revised Code, except that the increased rate may be in effect for
any number of years not exceeding ten or for a continuing period
of time.
The resolution shall be certified and submitted in the
manner
provided in section 5705.25 of the Revised Code, except
that it
may be placed on the ballot in any election, and shall be
certified to the board of elections not less than seventy-five
days before the election at which it will be voted upon.
If the majority of the electors voting on a levy for the
support of the programs and services of the county board of
mental
retardation and developmental disabilities vote in favor
of the
levy, the board of county commissioners may levy a tax
within the
county at the additional rate outside the ten-mill
limitation
during the specified or continuing period, for the
purpose stated
in the resolution. The county board of mental
retardation and
developmental disabilities, within its budget and
with the
approval of the board of county commissioners through
annual
appropriations, shall use the proceeds of a levy approved
under
this section solely for the purposes authorized by this
section.
(B) When electors have approved a tax levy under this
section, the county commissioners may anticipate a fraction of
the
proceeds of the levy and issue anticipation notes in
accordance
with section 5705.191 or 5705.193 of the Revised Code.
(C) The county auditor, upon receipt of a resolution from
the
county board of mental retardation and developmental
disabilities,
shall establish a capital improvements account or
a reserve
balance account, or both, as specified in the
resolution. The
capital improvements account shall be a
contingency account for
the necessary acquisition, replacement,
renovation, or
construction of facilities and movable and fixed
equipment. Upon
the request of the county board of mental retardation
and
developmental disabilities, moneys not needed to pay for
current
expenses may be appropriated to this account, in amounts
such that
this account does not exceed twenty-five per cent of
the
replacement value of all capital facilities and equipment
currently used by the county board of mental retardation and
developmental disabilities for mental retardation and
developmental disabilities programs and services. Other moneys
available for current capital expenses from federal, state, or
local sources may also be appropriated to this account.
The reserve balance account shall contain those moneys that
are not needed to pay for current operating expenses and not
deposited in the capital improvements account but that will be
needed to pay for operating expenses in the future. Upon the
request of a county board of mental retardation and developmental
disabilities, the board of county commissioners may appropriate
moneys to the reserve balance account.
Sec. 5705.28. (A) Except as provided in division (B)(1) or
(2) of
this section or in section 5705.281 of the Revised Code,
the taxing authority
of each subdivision or other taxing unit
shall adopt a tax budget for the next
succeeding fiscal year:
(1) On or before the fifteenth day of January in the case
of
a school district;
(2) On or before the fifteenth day of July in the case of
all
other subdivisions and taxing units.
(B)(1) Before the first day of June in each year, the board
of trustees of a school library district entitled to participate
in any appropriation or revenue of a school district or
to have a
tax proposed by the
board of education of a school district shall
file with the board
of education of the school district a tax
budget for the ensuing
fiscal year. On or before the fifteenth day
of July in each
year, the board of education of a school district
to which a
school library district tax budget was submitted under
this
division shall adopt such tax budget on behalf of the library
district, but such budget shall not be part of the school
district's tax budget.
(2)(a) The taxing authority of a taxing unit that does not
levy a
tax is not required to adopt a tax
budget pursuant to
division (A) of this section. Instead, on or
before the fifteenth
day of July each year, such taxing authority
shall adopt an
operating budget for the taxing unit for the ensuing fiscal
year.
The operating
budget shall include an estimate of receipts from
all sources, a statement of
all taxing unit expenses that are
anticipated to occur,
and the amount required for debt charges
during the fiscal year. The
operating budget is not
required to be
filed with the county auditor or the county budget commission.
(b) Except for this section and sections 5705.36, 5705.38,
5705.40, 5705.41, 5705.43, 5705.44, and 5705.45 of the Revised
Code, a taxing unit that does not
levy a tax is not a taxing unit
for purposes of Chapter 5705. of
the Revised Code. Documents
prepared in accordance
with such
sections are not required to be
filed with the county auditor or county
budget commission.
(c) The total appropriations from each fund of a taxing unit
that
does not levy a tax shall not exceed the total estimated
revenue available for
expenditures
from the fund, and
appropriations shall be made from each fund
only for the purposes
for which the fund is established.
(C)(1) To assist in the preparation of the tax budget, the
head of each department, board, commission, and district
authority
entitled to participate in any appropriation or revenue
of a
subdivision shall file with the taxing authority, or in the
case
of a municipal corporation, with its chief executive
officer,
before the forty-fifth day prior to the date on which
the budget
must be adopted, an estimate of contemplated revenue
and
expenditures for the ensuing fiscal year, in such form as is
prescribed by the taxing authority of the subdivision or by the
auditor of state. The taxing authority shall include in its
budget
of expenditures the full amounts requested by district
authorities, not to exceed the amount authorized by law, if such
authorities may fix the amount of revenue they are to receive
from
the subdivision. In a municipal corporation in which a
special
levy for a municipal university has been authorized to be
levied
in excess of the ten-mill limitation, or is required by
the
charter of the municipal corporation, the taxing authority
shall
include an amount not less than the estimated yield of such
levy,
if such amount is requested by the board of directors of
the
municipal university.
(2) A county board of mental retardation and developmental
disabilities may include within its estimate of contemplated
revenue and expenditures a reserve balance account in the
community mental retardation and developmental disabilities
residential services fund. The account shall contain money that
is
not needed to pay for current expenses for residential
services
and supported living but will be needed to pay for
expenses for
such services in the future or may be needed for
unanticipated
emergency expenses. On the request of the county
board of mental
retardation and developmental disabilities, the
board of county
commissioners shall include such an account in
its budget of
expenditures and appropriate money to the account
from residential
service moneys for the county board.
(D) The board of trustees of any public library desiring
to
participate in the distribution of the county public library fund
shall adopt appropriate rules
extending
the benefits of the
library service of such library to
all the
inhabitants of the
county on equal terms, unless such
library
service is by law
available to all such inhabitants, and
shall
certify a copy of
such rules to the taxing authority with
its
estimate of
contemplated revenue and expenditures. Where
such
rules have been
so certified or where the adoption of such
rules
is not required,
the taxing authority shall include in its
budget
of receipts such
amounts as are specified by such board as
contemplated revenue
from the county public library fund, and in its budget of
expenditures the
full amounts
requested therefrom by such board.
No library
association,
incorporated or unincorporated, is
entitled to
participate in the
proceeds of the county public
library fund
unless such
association both was organized
and
operating prior to January 1,
1968, and participated in the
distribution of the proceeds of the
county public library fund
prior to
December 31, 2005.
Sec. 5705.44. When contracts or leases run beyond the
termination of the
fiscal year in which they are made, the fiscal
officer of the taxing authority
shall make a certification for the
amount required to meet the obligation of
such contract or lease
maturing in such fiscal year. The amount of the
obligation under
such contract or lease remaining unfulfilled at the end of a
fiscal year, and which will become payable during the next fiscal
year, shall
be included in the annual appropriation measure for
the next year as a fixed
charge.
The certificate required by section 5705.41 of the Revised
Code as to money in
the treasury shall not be required for
contracts on which payments are to be
made from the earnings of a
publicly operated water works or public utility,
but in the case
of any such contract made without such certification, no
payment
shall be made on account thereof, and no claim or demand thereon
shall
be recoverable, except out of such earnings.
That
certificate also shall not be required if requiring the
certificate makes it impossible for a county board of mental
retardation and developmental disabilities to pay the nonfederal
share of medicaid expenditures that the county board is required
by sections 5126.059 and
5126.0510 of the Revised Code
to pay.
Sec. 5735.142. (A)(1) Any person who uses any motor fuel,
on
which
the tax imposed by sections 5735.05, 5735.25, and
5735.29 of
the
Revised Code has been paid, for the purpose of
operating a
transit
bus shall be reimbursed in the amount of
the tax paid on
motor
fuel used by public transportation
systems providing transit
or
paratransit service on a regular
and continuing basis within
the
state;
(2) A city, exempted village, joint vocational, or local
school district or educational service center that purchases any
motor fuel for school district or service center operations, on
which any tax imposed by section 5735.29 of the Revised Code that
became effective on or after July 1, 2003, has been paid, may, if
an application is filed under this section, be reimbursed in the
amount of all but two cents per gallon of the total tax imposed by
such section and paid on motor fuel.
(3) A county board of mental retardation and developmental
disabilities that, on or after July 1, 2005, purchases any motor
fuel for county board operations, on which any tax imposed by
section 5735.29 of the Revised Code has been paid may, if an
application is filed under this section, be reimbursed in the
amount of all but two cents per gallon of the total tax imposed by
such section and paid on motor fuel purchased on or after July 1,
2005.
(B) Such person, school district, educational service center,
or county board shall file with the tax commissioner an
application for refund within one year from
the
date of purchase,
stating the quantity of fuel used for operating
transit buses used
by local transit systems in
furnishing scheduled common carrier,
public passenger land
transportation service along regular routes
primarily in one or
more municipal corporations or for operating
vehicles used for school district, service center, or county board
operations. However, no
claim shall be made for the tax on fewer
than one hundred
gallons of motor
fuel. A school district,
educational service center, or county board shall not apply for a
refund for any tax paid on motor fuel that is sold by the
district, service center, or county board. The application shall
be accompanied by
the
statement described in section 5735.15 of
the Revised Code
showing the purchase, together with evidence of
payment thereof.
(C) After
consideration of the application and statement, the
commissioner shall determine the amount of refund
to which
the
applicant is entitled. If the amount is not less than that
claimed, the commissioner shall
certify
the
amount to the
director
of budget
and management and
treasurer of state for
payment from
the tax
refund fund
created by
section 5703.052 of
the Revised
Code.
If the amount is less
than that claimed, the
commissioner
shall proceed in accordance
with section 5703.70 of
the Revised
Code.
The
commissioner may
require that the application be
supported by
the affidavit of the
claimant. No refund shall be
authorized or
ordered for any single
claim for the tax on fewer
than one
hundred gallons of motor fuel. No refund shall be
authorized or ordered on motor fuel that is sold by a school
district, educational service center, or county board.
(D) The refund authorized by
this section
or section 5703.70
of
the Revised Code shall be reduced by the
cents per gallon
amount
of
any qualified fuel credit received
under section
5735.145 of
the
Revised Code, as determined by the
commissioner,
for each
gallon
of qualified fuel included in the
total gallonage
of motor
fuel upon which the refund is computed.
(E) The right to receive any refund under this section
or
section
5703.70 of the Revised Code is not
assignable. The payment
of
this refund shall not be made to any
person or entity other
than the person or entity
originally entitled thereto who used
the
motor fuel upon which the
claim for refund is based,
except
that
the refund when allowed and
certified, as provided in
this
section, may be paid to the
executor, the administrator, the
receiver, the trustee in
bankruptcy, or the assignee in
insolvency
proceedings of the
person.
Sec. 5815.28. (A) As used in this section:
(1)
"Ascertainable standard" includes a standard in a
trust
instrument requiring the trustee to provide for the care,
comfort,
maintenance, welfare, education, or general well-being
of the
beneficiary.
(2)
"Disability" means any substantial, medically
determinable impairment that can be expected to result in death
or
that has lasted or can be expected to last for a continuous
period
of at least twelve months, except that
"disability" does
not
include an impairment that is the result of abuse of alcohol
or
drugs.
(3)
"Political subdivision" and
"state" have the same
meanings as in section 2744.01 of the Revised Code.
(4)
"Supplemental services" means services specified by
rule
of the department of mental health under section 5119.01 of
the
Revised Code or the department of mental retardation and
developmental disabilities under section 5123.04 of the Revised
Code that are provided to an individual with a disability in
addition to services
the individual is eligible to receive
under
programs
authorized by federal or state law.
(B) Any person may create a
trust under this
section to
provide funding for supplemental services for the
benefit of
another individual who meets either of the following
conditions:
(1) The individual has a physical or mental disability and
is
eligible to receive services through the department of mental
retardation and developmental disabilities or a county board of
mental retardation and developmental disabilities;
(2) The individual has a mental disability and is eligible
to
receive services through the department of mental health or a
board of alcohol, drug addiction, and mental health services.
The trust may confer discretion upon the trustee and may
contain specific instructions or conditions governing the
exercise
of the discretion.
(C) The general division of the court of common pleas and
the
probate court of the county in which the beneficiary of a
trust
authorized by division (B) of this section resides or is
confined
have concurrent original jurisdiction to hear and
determine
actions pertaining to the trust. In any action
pertaining to the
trust in a court of common pleas or probate
court and in any
appeal of the action, all of the following apply
to the trial or
appellate court:
(1) The court shall render determinations consistent with
the
testator's or other settlor's intent in creating the trust,
as
evidenced by the terms of the trust instrument.
(2) The court may order the trustee to exercise discretion
that the trust instrument confers upon
the trustee only if
the
instrument
contains specific instructions or conditions governing
the
exercise of that discretion and the trustee has failed to
comply
with the instructions or conditions. In issuing an order
pursuant to this division, the court shall require the trustee to
exercise
the trustee's discretion only in accordance with
the
instructions
or conditions.
(3) The court may order the trustee to maintain the trust
and
distribute assets in accordance with rules adopted by the
director
of mental health under section 5119.01 of the Revised
Code or the
director of mental retardation and developmental
disabilities
under section 5123.04 of the Revised Code if the
trustee has
failed to comply with such rules.
(D) To the extent permitted by federal law and subject to
the
provisions of division (C)(2) of this section pertaining to
the
enforcement of specific instructions or conditions governing
a
trustee's discretion, a trust authorized by division (B) of
this
section that confers discretion upon the trustee shall not
be
considered an asset or resource of the beneficiary,
the
beneficiary's estate,
the settlor, or the
settlor's
estate and
shall be exempt from
the
claims of creditors, political
subdivisions, the state, other
governmental entities, and other
claimants against the
beneficiary,
the beneficiary's estate,
the
settlor, or the
settlor's
estate, including
claims
based on
provisions of Chapters 5111., 5121., or 5123. of
the
Revised Code
and claims sought to be satisfied by way of a
civil
action,
subrogation, execution, garnishment, attachment,
judicial
sale, or
other legal process, if all of the following
apply:
(1) At the time the trust is created, the trust principal
does not exceed the maximum amount determined under division (E)
of this section;
(2) The trust instrument contains a statement of the
settlor's intent, or otherwise clearly evidences
the
settlor's
intent,
that the beneficiary does not have authority
to compel the
trustee under any circumstances to furnish the
beneficiary with
minimal or other maintenance or support, to make
payments from
the
principal of the trust or from the income
derived from the
principal, or to convert any portion of the
principal into cash,
whether pursuant to an ascertainable standard
specified in the
instrument or otherwise;
(3) The trust instrument provides that trust assets can be
used
only to provide supplemental services, as defined by rule of
the
director of mental health under section 5119.01 of the
Revised
Code or the director of mental retardation and
developmental
disabilities under section 5123.04 of the Revised
Code, to the
beneficiary;
(4) The trust is maintained and assets are distributed in
accordance with rules adopted by the director of mental health
under section 5119.01 of the Revised Code or the director of
mental retardation and developmental disabilities under section
5123.04 of the Revised Code;
(5) The trust instrument provides that on the death of
the
beneficiary, a portion of the remaining assets of the trust,
which
shall be not less than fifty per cent of such assets, will
be
deposited to the credit of the services fund for individuals
with
mental illness created by section 5119.17 of the Revised
Code
or
the services fund for individuals with mental retardation
and
developmental disabilities created by section 5123.40 of the
Revised Code.
(E) In 1994, the trust principal maximum amount for a
trust
created under this section shall be two hundred thousand dollars.
The maximum amount for a trust created under this section prior to
November
11,
1994, may be
increased to two hundred thousand
dollars.
In 1995, the maximum amount for a trust created under this
section shall be
two hundred two thousand dollars. Each year
thereafter, the maximum amount
shall be the prior
year's amount
plus two thousand dollars.
(F) This section does not limit or otherwise affect the
creation, validity, interpretation, or effect of any trust that
is
not created under this section.
(G) Once a trustee takes action on a trust created by a
settlor under this section and disburses trust funds on behalf of
the beneficiary of the trust, then the trust may not be terminated
or otherwise revoked by a particular event or otherwise without
payment into the services fund created pursuant to section 5119.17
or 5123.40 of the Revised Code of an amount that is equal to the
disbursements made on behalf of the beneficiary for medical care
by the state from the date the trust vests but that is not more
than fifty per cent of the trust corpus.
Section 2. That existing sections 101.37, 109.57, 109.572,
117.102, 121.36, 121.37, 124.11, 124.23, 124.241, 124.38, 135.801,
135.802, 135.803, 140.03, 140.05, 145.297, 305.14, 307.10, 307.86,
309.10, 319.16, 325.19, 329.06, 1751.01, 1751.02, 2108.521,
2151.421, 3109.18, 3301.07, 3301.52, 3301.53, 3301.55, 3301.57,
3301.58, 3314.022, 3314.99, 3317.01, 3317.02, 3317.024, 3317.03,
3317.032, 3317.05, 3317.051, 3317.052, 3317.07, 3317.15, 3317.20,
3319.22, 3319.99, 3323.01, 3323.02, 3323.021, 3323.03, 3323.04,
3323.05, 3323.09, 3323.091, 3323.12, 3323.141, 3323.142, 3326.99,
3701.93, 3701.932, 3701.933, 4109.06, 4141.29, 4511.21, 4511.75,
5101.35, 5101.46, 5101.611, 5111.151, 5111.871, 5111.872,
5111.873, 5123.033, 5123.04, 5123.042, 5123.043, 5123.044,
5123.046, 5123.047, 5123.048, 5123.049, 5123.0411, 5123.0412,
5123.0413, 5123.0416, 5123.081, 5123.082, 5123.16, 5123.166,
5123.169, 5123.171, 5123.172, 5123.18, 5123.19, 5123.191,
5123.211, 5123.351, 5123.36, 5123.37, 5123.371, 5123.372,
5123.373, 5123.374, 5123.375, 5123.38, 5123.41, 5123.47, 5123.50,
5123.52, 5123.542, 5123.60, 5123.602, 5123.61, 5123.611, 5123.613,
5123.614, 5123.63, 5123.64, 5123.71, 5123.711, 5123.74, 5126.01,
5126.02, 5126.021, 5126.022, 5126.023, 5126.024, 5126.025,
5126.027, 5126.028, 5126.029, 5126.0210, 5126.0211, 5126.0212,
5126.0213, 5126.0214, 5126.0215, 5126.0216, 5126.0217, 5126.0218,
5126.0219, 5126.0220, 5126.0221, 5126.0222, 5126.0223, 5126.0224,
5126.0225, 5126.0226, 5126.0227, 5126.0228, 5126.0229, 5126.03,
5126.031, 5126.032, 5126.033, 5126.034, 5126.037, 5126.038,
5126.04, 5126.041, 5126.042, 5126.044, 5126.045, 5126.046,
5126.05, 5126.051, 5126.052, 5126.054, 5126.055, 5126.056,
5126.058, 5126.059, 5126.0510, 5126.0511, 5126.0512, 5126.06,
5126.07, 5126.071, 5126.08, 5126.081, 5126.082, 5126.09, 5126.10,
5126.11, 5126.12, 5126.121, 5126.13, 5126.14, 5126.15, 5126.18,
5126.19, 5126.20, 5126.201, 5126.21, 5126.22, 5126.221, 5126.23,
5126.24, 5126.25, 5126.252, 5126.253, 5126.254, 5126.26, 5126.27,
5126.28, 5126.281, 5126.29, 5126.30, 5126.31, 5126.311, 5126.313,
5126.33, 5126.331, 5126.333, 5126.34, 5126.36, 5126.41, 5126.42,
5126.43, 5126.45, 5126.46, 5126.47, 5126.49, 5126.50, 5126.54,
5126.55, 5126.57, 5126.58, 5126.59, 5126.61, 5126.62, 5126.99,
5153.16, 5153.99, 5543.011, 5705.091, 5705.14, 5705.191, 5705.222,
5705.28, 5705.44, 5735.142, and 5815.28 of the Revised Code are
hereby repealed.
Section 3. That Sections 269.20.40, 269.20.80, 269.20.90,
269.30.50, 337.30.30, 337.30.40, 337.30.60, and 337.40.30 of Am.
Sub. H.B. 119 of the 127th General Assembly be amended to read as
follows:
Sec. 269.20.40. EDUCATION MANAGEMENT INFORMATION SYSTEM
The foregoing appropriation item 200-446, Education
Management
Information System, shall be used by the Department of
Education to
improve the
Education Management
Information System
(EMIS).
Of the foregoing appropriation item 200-446, Education
Management Information System, up to $1,338,620 in fiscal year
2008 and up to $1,372,085 in fiscal year 2009
shall be distributed
to designated information technology centers for costs relating to
processing, storing,
and transferring data for the effective
operation of the
EMIS. These costs may include, but are not
limited to,
personnel, hardware, software development,
communications
connectivity, professional development, and support
services, and
to provide services to participate in the State
Education
Technology Plan pursuant to section 3301.07 of the
Revised Code.
Of the foregoing appropriation item 200-446, Education
Management Information System, up to $8,256,569 in fiscal year
2008 and up to $8,462,984 in fiscal year 2009 shall be distributed
on a per-pupil basis
to school districts, community schools
established under Chapter
3314. of the Revised Code, educational
service centers, joint
vocational school districts, and any other
education entity that reports data through EMIS. From
this
funding, each school district or community school established
under Chapter 3314. of the Revised Code with enrollment greater
than 100
students and each vocational school district shall
receive a
minimum of $5,000 in each fiscal year. Each
school
district or community school established under Chapter
3314. of
the Revised Code with enrollment between one and one
hundred and
each
educational service center and each county board of
MR/DD
developmental disabilities
that submits data through EMIS shall
receive $3,000 in each fiscal
year. This subsidy shall be used for
costs relating to reporting,
processing, storing, transferring,
and exchanging data necessary
to meet requirements of the
Department of Education's data system.
The remainder of appropriation item 200-446, Education
Management Information System, shall be used to develop and
support a common core of data definitions and standards as adopted
by the Education Management Information System Advisory Board,
including the ongoing development and maintenance of the data
dictionary and data warehouse. In addition, such funds shall be
used to support the development and implementation of data
standards and the design, development, and implementation of a new
data exchange system.
Any provider of software meeting the standards approved by
the Education Management Information System Advisory Board shall
be designated as an approved vendor and may enter into contracts
with local school districts, community schools, information
technology centers, or other educational entities for the purpose
of collecting and managing data required under Ohio's education
management information system (EMIS) laws. On an annual basis, the
Department of Education shall convene an advisory group of school
districts, community schools, and other education-related entities
to review the Education Management Information System data
definitions and data format standards. The advisory group shall
recommend changes and enhancements based upon surveys of its
members, education agencies in other states, and current industry
practices, to reflect best practices, align with federal
initiatives, and meet the needs of school districts.
School districts and community schools not implementing a
common and uniform set of data definitions and data format
standards for Education Management Information System purposes
shall have all EMIS funding withheld until they are in compliance.
Sec. 269.20.80. PUPIL TRANSPORTATION
Of the foregoing appropriation item 200-502, Pupil
Transportation, up to $830,624 in fiscal year 2008 and up to
$838,930 in fiscal year 2009 may be used by the Department of
Education for training prospective and experienced
school bus
drivers in accordance with training programs
prescribed by the
Department. Up to $59,870,514 in fiscal year 2008 and up to
$60,469,220 in fiscal year 2009 may be used by the Department of
Education for special education transportation
reimbursements to
school districts and county MR/DD boards of developmental
disabilities for transportation
operating costs as provided in
division (J) of section 3317.024 of
the Revised Code. The
remainder of appropriation item 200-502,
Pupil Transportation,
shall be used for the state reimbursement of
public school
districts' costs in transporting pupils to and from
the school
they attend in accordance with the district's
policy,
State Board
of Education standards, and the Revised Code.
Notwithstanding the distribution formula outlined in division
(D) of section 3317.022 of the Revised Code, each school district
shall receive an additional one per cent in state funding for
transportation in fiscal year 2008 over what was received in
fiscal year 2007, and the local share of transportation costs that
is used in the calculation of the charge-off supplement under
section 3317.0216 of the Revised Code and the excess cost
supplement under division (F) of section 3317.022 of the Revised
Code for each school district in fiscal year 2008 shall be
increased by one per cent from that used in calculations in fiscal
year 2007.
Notwithstanding the distribution formula outlined in division
(D) of section 3317.022 of the Revised Code, each school district
shall receive an additional one per cent in state funding for
transportation in fiscal year 2009 over what was received in
fiscal year 2008, and the local share of transportation costs that
is used in the calculation of the charge-off supplement under
section 3317.0216 of the Revised Code and the excess cost
supplement under division (F) of section 3317.022 of the Revised
Code for each school district in fiscal year 2009 shall be
increased by one per cent from that used in calculations in fiscal
year 2008.
School districts not receiving state funding for
transportation in fiscal year 2005 under division (D) of section
3317.022 of the Revised Code shall not receive state funding for
transportation in fiscal year 2008 or fiscal year 2009.
Sec. 269.20.90. BUS PURCHASE ALLOWANCE
The foregoing appropriation item 200-503, Bus Purchase
Allowance, shall be distributed to school districts,
educational
service
centers, and county MR/DD boards of developmental
disabilities pursuant to
rules adopted
under
section 3317.07 of
the Revised Code. Up to
28 per cent of
the
amount appropriated
may be used to reimburse
school districts
and
educational service
centers for the purchase of buses to
transport
students with
disabilities and nonpublic school students
and to county MR/DD
boards of developmental disabilities, the Ohio School for the
Deaf, and the
Ohio School for the Blind for the purchase of buses
to transport
students with disabilities.
The foregoing appropriation item 200-505, School Lunch
Match,
shall be used to provide matching funds to obtain federal
funds
for the school lunch program.
Sec. 269.30.50. SPECIAL EDUCATION ENHANCEMENTS
Of the foregoing appropriation item 200-540, Special
Education Enhancements, up to
$2,906,875 in each fiscal year
shall
be used for home
instruction
for
children with disabilities; up to
$1,462,500 in each fiscal year
shall be used for parent mentoring
programs;
and up
to
$2,783,396
in each fiscal year may be
used
for
school psychology interns.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, $750,000 in each fiscal year shall be used
for the Out of School Initiative of Sinclair Community College.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, $200,000 shall be used for a preschool
special education pilot program in Bowling Green City School
District.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, $200,000 in each fiscal year shall be used
to support the Bellefaire Jewish Children's Bureau.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, up to $82,707,558 in fiscal year 2008 and
up to $83,371,505 in fiscal year 2009 shall be
distributed by
the
Department of Education to
county boards of
mental retardation and
developmental
disabilities, educational
service centers, and
school districts for preschool
special
education units and
preschool supervisory units under
section 3317.052 of
the Revised
Code. To the greatest
extent possible, the
Department of
Education
shall allocate these
units to school
districts and
educational
service centers.
The Department may reimburse county MR/DD boards of
developmental disabilities, educational
service centers, and
school districts for services provided by
instructional
assistants, related services as defined in rule
3301-51-11 of the
Administrative Code, physical therapy services
provided by a
licensed physical therapist or physical therapist
assistant under
the supervision of a licensed physical therapist
as required
under Chapter 4755. of the Revised Code and Chapter
4755-27 of
the Administrative Code and occupational therapy
services
provided by a licensed occupational therapist or
occupational
therapy assistant under the supervision of a licensed
occupational therapist as required under Chapter 4755. of the
Revised Code and Chapter 4755-7 of the Administrative Code.
Nothing in this section authorizes occupational therapy assistants
or physical therapist assistants to generate or manage their own
caseloads.
The Department of Education shall require school districts,
educational service centers, and county MR/DD boards of
developmental disabilities serving
preschool children with
disabilities to document child progress
using research-based
indicators prescribed by the Department and
report
results
annually. The reporting dates and method shall be
determined by
the Department.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, $650,000 in each fiscal year shall
be
used for the Collaborative Language and Literacy Instruction
Project.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, $325,000 in each fiscal year shall be used
by the Ohio Center for Autism and Low Incidence to contract with
the Delaware-Union Educational Service Center for the provision of
autism transition services.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, $75,000 in each fiscal year shall be used
for Leaf Lake/Geauga Educational Assistance Funding.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, $650,000 in each fiscal year shall be used
to support Project More for one-to-one reading mentoring.
The remainder of appropriation item 200-540, Special
Education Enhancements, shall be used to
fund
special education
and related services at
county boards of mental
retardation and
developmental disabilities for
eligible students
under section
3317.20 of the
Revised Code and at
institutions for eligible
students under section 3317.201 of the Revised Code.
Sec. 337.30.30. MEDICAID WAIVER - STATE MATCH (GRF)
Except as otherwise provided in section 5123.0416 of the
Revised Code, the purposes for which the foregoing appropriation
item 322-416, Medicaid Waiver - State Match, shall be used include
the following:
(A) Home and community-based waiver services under Title XIX
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,
as amended.
(B) To pay the nonfederal share of the cost of one or more
new intermediate care facility for the mentally retarded certified
beds, if the Director of Mental Retardation and Developmental
Disabilities is required by this act Am. Sub. H.B. 119 of the
127th General Assembly to transfer to the Director
of Job and
Family Services funds to pay such nonfederal share.
Except as otherwise provided in section 5123.0416 of the
Revised Code, the Department of Mental Retardation and
Developmental Disabilities may designate a portion of
appropriation item 322-416, Medicaid Waiver - State Match, to
county boards of mental retardation and developmental disabilities
that have greater need for various residential and support
services because of a low percentage of residential and support
services development in comparison to the number of individuals
with mental retardation or developmental disabilities in the
county.
Sec. 337.30.40. STATE SUBSIDY TO COUNTY MR/DD BOARDS OF
DEVELOPMENTAL DISABILITIES
Except as otherwise provided in Section 337.40.30 of this
act Am. Sub. H.B. 119 of the 127th General Assembly, the
Department of Mental Retardation and Developmental
Disabilities
shall use the foregoing appropriation item 322-501,
County Boards
Subsidy, to pay each county board of mental
retardation and
developmental disabilities in each fiscal year of
the biennium an
amount that is equal to the amount such board
received in fiscal
year 2007 from former appropriation items
322-417, Supported
Living; 322-452, Service and Support
Administration; and 322-501,
County Boards Subsidies.
Except as otherwise provided in section 5126.0511 of the
Revised Code, county boards shall use the subsidy for early
childhood services and adult services provided under section
5126.05 of the Revised Code, service and support administration
provided under section 5126.15 of the Revised Code, and supported
living as defined in section 5126.01 of the Revised Code.
In the event that the appropriation in appropriation item
322-501, County Board Subsidy, for fiscal year 2008 or fiscal year
2009 is greater than the subsidy paid by the Department for fiscal
year 2007 from former appropriation items 332-417, Supported
Living; 322-452, Services and Support Administration; and 322-501,
County Boards Subsidies, the Department and county boards shall
develop a formula for allocating the additional appropriation to
each county board to support priorities determined by the
Department and county boards.
The Department shall distribute this subsidy to county boards
in quarterly installments of equal amounts. The installments shall
be made not later than the thirtieth day of September, the
thirty-first day of December, the thirty-first day of March, and
thirtieth day of June.
The Department also may use the foregoing appropriation item
322-501, County Boards Subsidy, to pay the nonfederal share of the
cost of one or more new intermediate care facility for the
mentally retarded certified beds, if the Director of Mental
Retardation and Developmental Disabilities is required by this act
Am. Sub. H.B. 119 of the 127th General Assembly
to transfer to
the Director of Job and Family Services funds to
pay such
nonfederal share.
Sec. 337.30.60. TARGETED CASE MANAGEMENT SERVICES
County boards of mental retardation and developmental
disabilities shall pay the nonfederal portion of targeted case
management costs to the Department of Mental Retardation and
Developmental Disabilities. The Director of Mental Retardation and
Developmental Disabilities shall withhold any amount owed to the
Department from subsequent disbursements from any appropriation
item or money otherwise due to a nonpaying county.
The Departments of Mental Retardation and Developmental
Disabilities and Job and Family Services may enter into an
interagency agreement under which the Department of Mental
Retardation and Developmental Disabilities shall pay the
Department of Job and Family Services the nonfederal portion of
the cost of targeted case management services paid by county
boards and the Department of Job and Family Services shall pay the
total cost of targeted case management claims.
Sec. 337.40.30. NONFEDERAL SHARE OF NEW ICF/MR BEDS
(A) As used in this section, "intermediate care facility for
the mentally retarded" has the same meaning as in section 5111.20
of the Revised Code.
(B) If one or more new beds obtain certification as an
intermediate care facility for the mentally retarded bed on or
after July 1, 2007, the Director of Mental Retardation and
Developmental Disabilities shall transfer funds to the Department
of Job and Family Services to pay the nonfederal share of the cost
under the Medicaid Program for those beds. Except as otherwise
provided in section 5123.0416 of the Revised Code, the Director
shall use only the following funds for the transfer:
(1) Funds appropriated to the Department of Mental
Retardation and Developmental Disabilities in appropriation item
322-416, Medicaid Waiver - State Match;
(2) Funds appropriated to the Department in appropriation
item 322-501, County Boards Subsidies.
(C) If the beds are located in a county served by a county
board of mental retardation and developmental disabilities that
initiates or supports the beds' certification, the funds that the
Director transfers under division (B) of this section shall be
funds that the Director has allocated to the county board serving
the county in which the beds are located unless the amount of the
allocation is insufficient to pay the entire nonfederal share of
the cost under the Medicaid Program for those beds. If the
allocation is insufficient, the Director shall use as much of such
funds allocated to other counties as is needed to make up the
difference.
Section 4. That existing Sections 269.20.40, 269.20.80,
269.20.90, 269.30.50, 337.30.30, 337.30.40, 337.30.60, and
337.40.30 of Am. Sub. H.B. 119 of the 127th General Assembly are
hereby repealed.
Section 5. That Section 337.30.43 of Am. Sub. H.B. 119 of the
127th General Assembly, as amended by Am. Sub. H.B. 562 of the
127th General Assembly, be amended to read as follows:
Sec. 337.30.43. TAX EQUITY
Notwithstanding section 5126.18 of the Revised Code, for
fiscal year 2009, if the Department of Mental Retardation
and
Developmental Disabilities determines that sufficient funds
are
available, the Department shall use the foregoing
appropriation
item 322-503, Tax Equity, to pay each county board
of mental
retardation and developmental disabilities an amount
that is
equal to the amount the board received for fiscal year
2008. If
the Department determines that there are not sufficient
funds
available in the appropriation item for this purpose, the
Department shall pay to each county board an amount that is
proportionate to the amount the board received for fiscal year
2008. Proportionality shall be determined by dividing the total
tax equity payments distributed to county boards for fiscal year
2008 by the tax equity payment a county board received for fiscal
year 2008.
Section 6. That existing Section 337.30.43 of Am. Sub. H.B.
119 of the 127th General Assembly, as amended by Am. Sub. H.B. 562
of the 127th General Assembly, is hereby repealed.
Section 7. That Section 201.60.30 of H.B. 496 of the 127th
General Assembly be amended to read as follows:
Sec. 201.60.30. DMR DEPARTMENT OF MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES
STATEWIDE PROJECTS
C59000 |
|
Asbestos Abatement |
|
$ |
999,637 |
C59004 |
|
Community Assistance Projects |
|
$ |
1,202,040 |
C59019 |
|
North Olmsted Welcome House |
|
$ |
100,000 |
C59020 |
|
Kamp Dovetail Project at Rocky Fork Lake State Park |
|
$ |
100,000 |
C59022 |
|
Razing of Buildings |
|
$ |
80,595 |
C59024 |
|
Telecommunications Systems Improvement |
|
$ |
774,454 |
C59029 |
|
Emergency Generator Replacement |
|
$ |
1,049,606 |
C59034 |
|
Statewide Developmental Centers |
|
$ |
5,479,662 |
C59050 |
|
Emergency Improvements |
|
$ |
634,970 |
Total Statewide and Central Office Projects |
|
$ |
10,420,964 |
COMMUNITY ASSISTANCE PROJECTS
The foregoing appropriation item C59004, Community
Assistance
Projects, may be used to provide community assistance
funds for
the construction or renovation of facilities for day
programs or
residential programs that provide services to persons
eligible for
services from the Department of Mental Retardation
and
Developmental Disabilities or county boards of mental
retardation
and developmental disabilities. Any funds provided to
nonprofit
agencies for the
construction or renovation of
facilities for
persons eligible
for services from the Department
of Mental
Retardation and
Developmental Disabilities and county
boards of
mental
retardation and developmental disabilities are
subject to
the prevailing wage provisions in section 176.05 of
the
Revised
Code.
Notwithstanding any other provision of law to the contrary,
of the foregoing appropriation item C59004, Community Assistance
Projects, $75,000 shall be used for the Hanson Home.
STATEWIDE DEVELOPMENTAL CENTERS
CAMBRIDGE DEVELOPMENTAL CENTER
C59005 |
|
Residential Renovations - CAMDC |
|
$ |
41,398 |
C59023 |
|
HVAC Renovations - Residential Buildings |
|
$ |
1,000 |
C59025 |
|
Cambridge HVAC Upgrade - Activity Center |
|
$ |
3,538 |
C59046 |
|
Utility Upgrade Centerwide |
|
$ |
5,960 |
Total Cambridge Developmental Center |
|
$ |
51,896 |
COLUMBUS DEVELOPMENTAL CENTER
C59036 |
|
Columbus Developmental Center |
|
$ |
8,162 |
Total Columbus Developmental Center |
|
$ |
8,162 |
GALLIPOLIS DEVELOPMENTAL CENTER
C59027 |
|
HVAC Replacements |
|
$ |
4,873 |
C59037 |
|
Gallipolis Developmental Center |
|
$ |
21,849 |
Total Gallipolis Developmental Center |
|
$ |
26,722 |
MONTGOMERY DEVELOPMENTAL CENTER
C59038 |
|
Montgomery Developmental Center |
|
$ |
43,634 |
Total Montgomery Developmental Center |
|
$ |
43,634 |
MOUNT VERNON DEVELOPMENTAL CENTER
C59039 |
|
Mount Vernon Developmental Center |
|
$ |
160,353 |
Total Mount Vernon Developmental Center |
|
$ |
160,353 |
NORTHWEST OHIO DEVELOPMENTAL CENTER
C59030 |
|
Replace Chiller |
|
$ |
8,535 |
C59040 |
|
Northwest Ohio Developmental Center |
|
$ |
11,171 |
Total Northwest Ohio Developmental Center |
|
$ |
19,706 |
SOUTHWEST OHIO DEVELOPMENTAL CENTER
C59016 |
|
Residential Renovation - HVAC Upgrade |
|
$ |
23,075 |
C59041 |
|
Southwest Ohio Developmental Center |
|
$ |
14,566 |
C59048 |
|
Renovation Program and Support Services Building |
|
$ |
3,900 |
Total Southwest Ohio Developmental Center |
|
$ |
41,541 |
TIFFIN DEVELOPMENTAL CENTER
C59026 |
|
Roof and Exterior Renovations |
|
$ |
19,666 |
C59043 |
|
Tiffin Developmental Center |
|
$ |
20,696 |
Total Tiffin Developmental Center |
|
$ |
40,362 |
WARRENSVILLE DEVELOPMENTAL CENTER
C59017 |
|
Residential Renovations - WDC |
|
$ |
5,057 |
C59021 |
|
Water Line Replacement - WDC |
|
$ |
16,267 |
C59031 |
|
ADA Compliance - WDC |
|
$ |
3,628 |
C59044 |
|
Warrensville Developmental Center |
|
$ |
29,860 |
Total Warrensville Developmental Center |
|
$ |
54,812 |
YOUNGSTOWN DEVELOPMENTAL CENTER
C59045 |
|
Youngstown Developmental Center |
|
$ |
24,400 |
Total Youngstown Developmental Center |
|
$ |
24,400 |
TOTAL Department of Mental Retardation |
|
|
|
and Developmental Disabilities |
|
$ |
10,892,552 |
TOTAL Mental Health Facilities Improvement Fund |
|
$ |
43,684,415 |
Section 8. That existing Section 201.60.30 of H.B. 496 of the
127th General Assembly is hereby repealed.
Section 9. That Section 231.20.30 of Am. Sub. H.B. 562 of the
127th General Assembly be amended to read as follows:
Sec. 231.20.30. DMR DEPARTMENT OF MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES
STATEWIDE AND CENTRAL OFFICE PROJECTS
C59004 |
|
Community Assistance Projects |
|
$ |
13,301,537 |
C59022 |
|
Razing of Buildings |
|
$ |
200,000 |
C59024 |
|
Telecommunications |
|
$ |
400,000 |
C59029 |
|
Generator Replacement |
|
$ |
1,000,000 |
C59034 |
|
Statewide Developmental Centers |
|
$ |
4,294,237 |
C59050 |
|
Emergency Improvements |
|
$ |
500,000 |
C59051 |
|
Energy Conservation |
|
$ |
500,000 |
C59052 |
|
Guernsey County MRDD Boiler Replacement |
|
$ |
275,000 |
C59053 |
|
Magnolia Clubhouse |
|
$ |
250,000 |
C59054 |
|
Recreation Unlimited Life Center - Delaware |
|
$ |
150,000 |
C59055 |
|
Camp McKinley Improvements |
|
$ |
30,000 |
C59056 |
|
The Hope Learning Center |
|
$ |
250,000 |
C59057 |
|
North Olmstead Welcome House |
|
$ |
150,000 |
Total Statewide and Central Office Projects |
|
$ |
21,300,774 |
TOTAL Department of Mental Retardation and Developmental Disabilities |
|
$ |
21,300,774 |
TOTAL Mental Health Facilities Improvement Fund |
|
$ |
127,330,774 |
COMMUNITY ASSISTANCE PROJECTS
The foregoing appropriation item C59004, Community
Assistance
Projects, may be used to provide community assistance
funds for
the development, purchase, construction, or renovation
of
facilities for day
programs or residential programs that
provide
services to persons
eligible for services from the
Department of
Mental Retardation
and Developmental Disabilities or
county boards
of mental
retardation and developmental
disabilities. Any funds
provided to
nonprofit
agencies for the
construction or renovation
of
facilities for
persons eligible
for
services from the
Department
of Mental
Retardation and
Developmental Disabilities
and county
boards of
mental
retardation
and developmental
disabilities shall
be
governed by
the prevailing
wage provisions
in section 176.05 of
the Revised
Code.
Section 10. That existing Section 231.20.30 of Am. Sub. H.B.
562 of the 127th General Assembly is hereby repealed.
Section 11. The General Assembly, applying the principle
stated in division (B) of section 1.52 of the Revised Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the following sections,
presented in this act as composites of the sections as amended by
the acts indicated, are the resulting versions of the sections in
effect prior to the effective date of the sections as presented in
this act:
Section 109.57 of the Revised Code as amended by both Sub.
H.B. 428 and Sub. S.B. 163 of the 127th General Assembly.
Section 109.572 of the Revised Code as amended by Sub. H.B.
195, Sub. H.B. 545, and Sub. S.B. 247, all of the 127th General
Assembly.
Section 121.37 of the Revised Code as amended by both Sub.
H.B. 289 and Am. Sub. H.B. 530 of the 126th General Assembly.
Section 325.19 of the Revised Code as amended by both Sub.
H.B. 187 and Sub. S.B. 126 of the 126th General Assembly.
Section 1751.01 of the Revised Code as amended by both Am.
Sub. H.B. 562 and Sub. S.B. 186 of the 127th General Assembly.
Section 2151.421 of the Revised Code as amended by both Am.
H.B. 314 and Sub. S.B. 163 of the 127th General Assembly.
Section 3109.18 of the Revised Code as amended by both Am.
Sub. H.B. 11 and Sub. S.B. 66 of the 125th General Assembly.
Section 5126.04 of the Revised Code as amended by both Am.
Sub. H.B. 119 and Am. Sub. H.B. 214 of the 127th General Assembly.