S. B. No. 79 As Passed by the Senate

As Passed by the Senate

128th General Assembly

Regular Session

2009-2010

S. B. No. 79

Senator Stewart

Cosponsors: Senators Roberts, Gibbs, Gillmor, Turner, Wagoner, Hughes, Carey, Wilson, Strahorn, Schuler, Sawyer, Patton, Niehaus, Morano, Miller, D., Kearney, Harris, Husted, Fedor, Coughlin, Cafaro, Miller, R., Schaffer, Smith

A BILL

To amend sections 9.239, 9.55, 101.37, 101.39,

107.12, 109.57, 109.572, 109.71, 109.77, 109.86,

117.102, 121.02, 121.03, 121.32, 121.36, 121.37,

123.01, 124.11, 124.23, 124.241, 124.27, 124.38,

124.381, 125.602, 125.603, 126.32, 127.16,

135.801, 135.802, 135.803, 140.01, 140.03,

140.05, 145.012, 145.297, 154.17, 154.20, 173.03,

305.14, 307.10, 307.86, 309.10, 319.16, 325.19,

329.06, 1751.01, 1751.02, 2108.521, 2109.01,

2109.04, 2111.01, 2111.02, 2111.10, 2133.25,

2151.011, 2151.421, 2903.33, 2919.271, 2921.36,

2921.38, 2930.061, 2935.03, 2945.37, 2945.371,

2945.38, 2945.39, 2945.40, 2945.401, 2967.22,

3109.18, 3301.07, 3301.15, 3301.52, 3301.53,

3301.55, 3301.57, 3301.58, 3304.231, 3313.65,

3313.715, 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, 3323.07, 3323.09, 3323.091,

3323.12, 3323.141, 3323.142, 3323.31, 3326.99,

3501.01, 3701.78, 3701.93, 3701.932, 3701.933,

3705.36, 3721.01, 3721.14, 3722.01, 3727.01,

3735.58, 4109.06, 4115.32, 4141.29, 4511.21,

4511.75, 4723.071, 5101.35, 5101.46, 5101.611,

5103.02, 5103.13, 5104.08, 5107.24, 5111.042,

5111.151, 5111.202, 5111.203, 5111.211, 5111.251,

5111.291, 5111.65, 5111.677, 5111.709, 5111.87,

5111.871, 5111.872, 5111.873, 5111.874, 5111.875,

5111.876, 5111.8710, 5111.915, 5112.30, 5112.32,

5112.37, 5112.371, 5119.16, 5119.221, 5119.51,

5120.07, 5120.135, 5121.01, 5121.02, 5121.03,

5121.04, 5121.05, 5121.051, 5121.06, 5121.061,

5121.07, 5121.08, 5121.09, 5121.10, 5121.11,

5121.12, 5123.01, 5123.012, 5123.02, 5123.021,

5123.03, 5123.031, 5123.032, 5123.033, 5123.04,

5123.042, 5123.043, 5123.044, 5123.046, 5123.047,

5123.048, 5123.049, 5123.0410, 5123.0411,

5123.0412, 5123.0413, 5123.0414, 5123.0415,

5123.0416, 5123.0417, 5123.05, 5123.051, 5123.06,

5123.07, 5123.08, 5123.081, 5123.082, 5123.083,

5123.09, 5123.091, 5123.092, 5123.093, 5123.10,

5123.11, 5123.12, 5123.122, 5123.13, 5123.14,

5123.15, 5123.16, 5123.161, 5123.162, 5123.163,

5123.164, 5123.166, 5123.167, 5123.168, 5123.169,

5123.17, 5123.171, 5123.172, 5123.18, 5123.181,

5123.19, 5123.191, 5123.194, 5123.195, 5123.196,

5123.198, 5123.21, 5123.211, 5123.22, 5123.221,

5123.23, 5123.24, 5123.25, 5123.26, 5123.27,

5123.28, 5123.29, 5123.30, 5123.31, 5123.33,

5123.34, 5123.35, 5123.351, 5123.352, 5123.36,

5123.37, 5123.371, 5123.372, 5123.373, 5123.374,

5123.375, 5123.38, 5123.40, 5123.41, 5123.42,

5123.421, 5123.43, 5123.44, 5123.45, 5123.451,

5123.47, 5123.50, 5123.51, 5123.52, 5123.53,

5123.54, 5123.541, 5123.542, 5123.55, 5123.56,

5123.57, 5123.58, 5123.59, 5123.60, 5123.601,

5123.602, 5123.604, 5123.61, 5123.611, 5123.612,

5123.613, 5123.614, 5123.63, 5123.64, 5123.65,

5123.71, 5123.711, 5123.72, 5123.73, 5123.74,

5123.75, 5123.76, 5123.801, 5123.81, 5123.811,

5123.82, 5123.85, 5123.86, 5123.89, 5123.90,

5123.96, 5126.01, 5126.02, 5126.021, 5126.022,

5126.023, 5126.024, 5126.025, 5126.026, 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, 5126.251, 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, 5126.40, 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, 5139.08, 5139.34,

5145.18, 5153.16, 5153.99, 5511.03, 5543.011,

5705.091, 5705.14, 5705.191, 5705.222, 5705.28,

5705.44, 5735.142, 5815.28, and 5815.35; to amend

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

156 of the 119th General Assembly; to amend, for

the purpose of adopting a new section number as

indicated in parentheses, section 5123.011

(5123.013) as it results from Am. Sub. S.B. 285

of the 121st General Assembly; to enact sections

5123.014 and 5126.011 of the Revised Code; to

amend Sections 213.30, 269.20.40, 269.20.80,

269.20.90, 269.30.50, 293.30, 309.31.60,

309.31.70, 335.40.10, 337.10, 337.20.10,

100

337.30.10, 337.30.20, 337.30.30, 337.30.40,

101

337.30.60, 337.30.70, 337.30.80, 337.40.10, and

102

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

103

General Assembly, to amend Sections 337.30.43,

104

337.40, and 337.40.15 of Am. Sub. H.B. 119 of

105

the 127th General Assembly as subsequently

106

amended, to amend Sections 209.60.40, 209.60.50,

107

and 501.40 of H.B. 496 of the 127th General

108

Assembly, to amend Section 201.60.30 of H.B. 496

109

of the 127th General Assembly, as subsequently

110

amended, to amend Sections 231.30.10, 231.30.20,

111

253.10, and 751.10 of Am. Sub. H.B. 562 of the

112

127th General Assembly, to amend Section

113

231.20.30 of Am. Sub. H.B. 562 of the 127th

114

General Assembly, as subsequently amended, and

115

to amend Section 4 of Am. Sub. H.B. 516 of the

116

125th General Assembly, as subsequently amended,

117

to change the name of the Department of Mental

118

Retardation and Developmental Disabilities to the

119

Department of Developmental Disabilities and the

120

name of county boards of mental retardation and

121

developmental disabilities to county boards of

122

developmental disabilities and to make similar

123

name changes for the Joint Council on Mental

124

Retardation and Developmental Disabilities, the

125

Mental Retardation and Developmental

126

Disabilities Developmental Center Closure

127

Commission, and certain state and county funds.

128

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

Section 1. That sections 9.239, 9.55, 101.37, 101.39, 107.12,	129
109.57, 109.572, 109.71, 109.77, 109.86, 117.102, 121.02, 121.03,	130
121.32, 121.36, 121.37, 123.01, 124.11, 124.23, 124.241, 124.27,	131
124.38, 124.381, 125.602, 125.603, 126.32, 127.16, 135.801,	132
135.802, 135.803, 140.01, 140.03, 140.05, 145.012, 145.297,	133
154.17, 154.20, 173.03, 305.14, 307.10, 307.86, 309.10, 319.16,	134
325.19, 329.06, 1751.01, 1751.02, 2108.521, 2109.01, 2109.04,	135
2111.01, 2111.02, 2111.10, 2133.25, 2151.011, 2151.421, 2903.33,	136
2919.271, 2921.36, 2921.38, 2930.061, 2935.03, 2945.37, 2945.371,	137
2945.38, 2945.39, 2945.40, 2945.401, 2967.22, 3109.18, 3301.07,	138
3301.15, 3301.52, 3301.53, 3301.55, 3301.57, 3301.58, 3304.231,	139
3313.65, 3313.715, 3314.022, 3314.99, 3317.01, 3317.02, 3317.024,	140
3317.03, 3317.032, 3317.05, 3317.051, 3317.052, 3317.07, 3317.15,	141
3317.20, 3319.22, 3319.99, 3323.01, 3323.02, 3323.021, 3323.03,	142
3323.04, 3323.05, 3323.07, 3323.09, 3323.091, 3323.12, 3323.141,	143
3323.142, 3323.31, 3326.99, 3501.01, 3701.78, 3701.93, 3701.932,	144
3701.933, 3705.36, 3721.01, 3721.14, 3722.01, 3727.01, 3735.58,	145
4109.06, 4115.32, 4141.29, 4511.21, 4511.75, 4723.071, 5101.35,	146
5101.46, 5101.611, 5103.02, 5103.13, 5104.08, 5107.24, 5111.042,	147
5111.151, 5111.202, 5111.203, 5111.211, 5111.251, 5111.291,	148
5111.65, 5111.677, 5111.709, 5111.87, 5111.871, 5111.872,	149
5111.873, 5111.874, 5111.875, 5111.876, 5111.8710, 5111.915,	150
5112.30, 5112.32, 5112.37, 5112.371, 5119.16, 5119.221, 5119.51,	151
5120.07, 5120.135, 5121.01, 5121.02, 5121.03, 5121.04, 5121.05,	152
5121.051, 5121.06, 5121.061, 5121.07, 5121.08, 5121.09, 5121.10,	153
5121.11, 5121.12, 5123.01, 5123.012, 5123.02, 5123.021, 5123.03,	154
5123.031, 5123.032, 5123.033, 5123.04, 5123.042, 5123.043,	155
5123.044, 5123.046, 5123.047, 5123.048, 5123.049, 5123.0410,	156
5123.0411, 5123.0412, 5123.0413, 5123.0414, 5123.0415, 5123.0416,	157
5123.0417, 5123.05, 5123.051, 5123.06, 5123.07, 5123.08,	158
5123.081, 5123.082, 5123.083, 5123.09, 5123.091, 5123.092,	159
5123.093, 5123.10, 5123.11, 5123.12, 5123.122, 5123.13, 5123.14,	160
5123.15, 5123.16, 5123.161, 5123.162, 5123.163, 5123.164,	161
5123.166, 5123.167, 5123.168, 5123.169, 5123.17, 5123.171,	162
5123.172, 5123.18, 5123.181, 5123.19, 5123.191, 5123.194,	163
5123.195, 5123.196, 5123.198, 5123.21, 5123.211, 5123.22,	164
5123.221, 5123.23, 5123.24, 5123.25, 5123.26, 5123.27, 5123.28,	165
5123.29, 5123.30, 5123.31, 5123.33, 5123.34, 5123.35, 5123.351,	166
5123.352, 5123.36, 5123.37, 5123.371, 5123.372, 5123.373,	167
5123.374, 5123.375, 5123.38, 5123.40, 5123.41, 5123.42, 5123.421,	168
5123.43, 5123.44, 5123.45, 5123.451, 5123.47, 5123.50, 5123.51,	169
5123.52, 5123.53, 5123.54, 5123.541, 5123.542, 5123.55, 5123.56,	170
5123.57, 5123.58, 5123.59, 5123.60, 5123.601, 5123.602, 5123.604,	171
5123.61, 5123.611, 5123.612, 5123.613, 5123.614, 5123.63,	172
5123.64, 5123.65, 5123.71, 5123.711, 5123.72, 5123.73, 5123.74,	173
5123.75, 5123.76, 5123.801, 5123.81, 5123.811, 5123.82, 5123.85,	174
5123.86, 5123.89, 5123.90, 5123.96, 5126.01, 5126.02, 5126.021,	175
5126.022, 5126.023, 5126.024, 5126.025, 5126.026, 5126.027,	176
5126.028, 5126.029, 5126.0210, 5126.0211, 5126.0212, 5126.0213,	177
5126.0214, 5126.0215, 5126.0216, 5126.0217, 5126.0218, 5126.0219,	178
5126.0220, 5126.0221, 5126.0222, 5126.0223, 5126.0224, 5126.0225,	179
5126.0226, 5126.0227, 5126.0228, 5126.0229, 5126.03, 5126.031,	180
5126.032, 5126.033, 5126.034, 5126.037, 5126.038, 5126.04,	181
5126.041, 5126.042, 5126.044, 5126.045, 5126.046, 5126.05,	182
5126.051, 5126.052, 5126.054, 5126.055, 5126.056, 5126.058,	183
5126.059, 5126.0510, 5126.0511, 5126.0512, 5126.06, 5126.07,	184
5126.071, 5126.08, 5126.081, 5126.082, 5126.09, 5126.10,	185
5126.11, 5126.12, 5126.121, 5126.13, 5126.14, 5126.15, 5126.18,	186
5126.19, 5126.20, 5126.201, 5126.21, 5126.22, 5126.221, 5126.23,	187
5126.24, 5126.25, 5126.251, 5126.252, 5126.253, 5126.254,	188
5126.26, 5126.27, 5126.28, 5126.281, 5126.29, 5126.30, 5126.31,	189
5126.311, 5126.313, 5126.33, 5126.331, 5126.333, 5126.34,	190
5126.36, 5126.40, 5126.41, 5126.42, 5126.43, 5126.45, 5126.46,	191
5126.47, 5126.49, 5126.50, 5126.54, 5126.55, 5126.57, 5126.58,	192
5126.59, 5126.61, 5126.62, 5126.99, 5139.08, 5139.34, 5145.18,	193
5153.16, 5153.99, 5511.03, 5543.011, 5705.091, 5705.14, 5705.191,	194
5705.222, 5705.28, 5705.44, 5735.142, 5815.28, and 5815.35 and	195
section 5123.011 as it results from Am. Sub. S.B. 156 of the	196
119th General Assembly be amended; that section 5123.011	197
(5123.013) as it results from Am. Sub. S.B. 285 of the 121st	198
General Assembly be amended for the purpose of adopting a new	199
section number as indicated in parentheses; and sections 5123.014	200
and 5126.011 of the Revised Code be enacted to read as follows:	201

Sec. 9.239. (A) There is hereby created the government	202
contracting advisory council. The attorney general and auditor of	203
state shall consult with the council on the performance of their	204
rule-making functions under sections 9.237 and 9.238 of the	205
Revised Code and shall consider any recommendations of the	206
council. The director of job and family services shall annually	207
report to the council the cost methodology of the medicaid-funded	208
services described in division (A)(3)(d) of section 9.231 of the	209
Revised Code. The council shall consist of the following members	210
or their designees:	211

(1) The attorney general;

212

(2) The auditor of state;

213

(3) The director of administrative services;

214

(4) The director of aging;

215

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

216

(6) The director of budget and management;

217

(7) The director of development;

218

(8) The director of job and family services;

219

(9) The director of mental health;

220

(10) The director of ~~mental retardation and~~ developmental	221
disabilities;	222

(11) The director of rehabilitation and correction;

223

(12) The administrator of workers' compensation;

224

(13) The executive director of the county commissioners'	225
association of Ohio;	226

(14) The president of the Ohio grantmakers forum;

227

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

228

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

229

(17) The president of the Ohio society of certified public	230
accountants;	231

(18) The executive director of the Ohio association of	232
nonprofit organizations;	233

(19) The president of the Ohio united way;

234

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

235

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

236

(B) If an agency or organization represented on the council	237
ceases to exist in the form it has on ~~the effective date of this~~	238
~~section~~September 29, 2005, the successor agency or organization	239
shall be represented in its place. If there is no successor agency	240
or organization, or if it is not clear what agency or organization	241
is the successor, the attorney general shall designate an agency	242
or organization to be represented in place of the agency or	243
organization originally represented on the council.	244

(C) The two members appointed to the council shall serve	245
three-year terms. Original appointments shall be made not later	246
than sixty days after ~~the effective date of this section~~September	247
29, 2005. Vacancies on the council shall be filled in the same	248
manner as the original appointment.	249

(D) The attorney general or the attorney general's designee	250
shall be the chairperson of the council. The council shall meet at	251
least once every two years to review the rules adopted under	252
sections 9.237 and 9.238 of the Revised Code and to make	253
recommendations to the attorney general and auditor of state	254
regarding the adoption, amendment, or repeal of those rules. The	255
council shall also meet at other times as requested by the	256
attorney general or auditor of state.	257

(E) Members of the council shall serve without compensation	258
or reimbursement.	259

(F) The office of the attorney general shall provide	260
necessary staff, facilities, supplies, and services to the	261
council.	262

(G) Sections 101.82 to 101.87 of the Revised Code do not	263
apply to the council.	264

Sec. 9.55. (A) As used in this section, "state agency" means	265
the house of representatives, the senate, the governor, the	266
secretary of state, the auditor of state, the treasurer of state,	267
the attorney general, the department of job and family services,	268
the department of commerce, the department of ~~mental retardation~~	269
~~and~~ developmental disabilities, the department of education, the	270
department of health, the department of aging, the governor's	271
office of advocacy for disabled persons, and the civil rights	272
commission.	273

(B) Each state agency shall install in its offices at least	274
one teletypewriter designed to receive printed messages from and	275
transmit printed messages to deaf or hearing-impaired persons.	276

Sec. 101.37. (A) There is hereby created the joint council on	277
~~mental retardation and~~ developmental disabilities. The joint	278
council shall consist of three members of the house of	279
representatives appointed by the speaker of the house of	280
representatives, not more than two of whom shall be members of the	281
same political party, three members of the senate appointed by the	282
president of the senate, not more than two of whom shall be	283
members of the same political party, and the director of ~~mental~~	284
~~retardation and~~ developmental disabilities. At least one member of	285
the joint council appointed by the speaker of the house of	286
representatives and at least one member appointed by the president	287
of the senate shall be a member of the house or senate committee	288
with primary responsibility for appropriation issues and at least	289
one member appointed by the speaker and at least one member	290
appointed by the president shall be a member of the house or	291
senate committee with primary responsibility for human services	292
issues.	293

Members of the joint council shall be reimbursed for their	294
actual and necessary expenses incurred in the performance of their	295
official duties, provided that reimbursement for such expenses	296
shall not exceed limits imposed upon the department of ~~mental~~	297
~~retardation and~~ developmental disabilities by administrative rules	298
regulating travel within this state. Members shall receive no	299
other compensation.	300

The joint council shall organize itself within fifteen days	301
after the commencement of each regular session of the general	302
assembly by electing a chairperson and vice-chairperson. The joint	303
council may meet upon the call of the chairperson, the director,	304
or on the request of any three members.	305

Members of the joint council who are appointed from the	306
general assembly shall serve until the expiration of their terms	307
in the general assembly. Any vacancies occurring among the general	308
assembly members of the joint council shall be filled in the	309
manner of the original appointment.	310

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

311

(1) Appoint the original members of the citizen's advisory	312
council at any institution under the control of the department of	313
~~mental retardation and~~ developmental disabilities that is created	314
after November 15, 1981;	315

(2) Make final determinations in any dispute between the	316
director of ~~mental retardation and~~ developmental disabilities and	317
a citizen's advisory council concerning the appointment of members	318
to the citizen's advisory council, as provided for in section	319
5123.092 of the Revised Code;	320

(3) Receive reports from citizen's advisory councils on or	321
before the thirty-first day of January of each year, as required	322
by section 5123.093 of the Revised Code;	323

(4) Receive reports as appropriate concerning extenuating	324
circumstances at institutions under the control of the department	325
of ~~mental retardation and~~ developmental disabilities;	326

(5) Conduct reviews and make recommendations to the director	327
of ~~mental retardation and~~ developmental disabilities with respect	328
to any disputes between the department of ~~mental retardation and~~	329
developmental disabilities and entities that have entered into	330
contracts with the department for the provision of protective	331
services to individuals with mental retardation or developmental	332
disabilities;	333

(6) Provide the director of ~~mental retardation and~~	334
developmental disabilities with advice on legislative and fiscal	335
issues affecting the department of ~~mental retardation and~~	336
developmental disabilities, county boards of ~~mental retardation~~	337
~~and~~ developmental disabilities, persons with mental retardation or	338
developmental disabilities, and providers of services to persons	339
with mental retardation or developmental disabilities and on	340
related issues the director requests the joint council to address;	341

(7) On behalf of the director of ~~mental retardation and~~	342
developmental disabilities, advocate to the general assembly	343
legislative issues about which the joint council has provided	344
advice to the director.	345

(C) Reports and any correspondence received by the joint	346
council shall be deposited with the legislative service	347
commission, which shall retain them for not less than three years	348
after the date of deposit.	349

Sec. 101.39. (A) There is hereby created the joint	350
legislative committee on health care oversight. The committee may	351
review or study any matter related to the provision of health care	352
services that it considers of significance to the citizens of this	353
state, including the availability of health care, the quality of	354
health care, the effectiveness and efficiency of managed care	355
systems, and the operation of the medical assistance program	356
established under Chapter 5111. of the Revised Code or other	357
government health programs.	358

The department of job and family services, department of	359
health, department of aging, department of mental health,	360
department of ~~mental retardation and~~ developmental disabilities,	361
department of alcohol and drug addiction services, and other state	362
agencies shall cooperate with the committee in its study and	363
review of health care issues. On request, the departments shall	364
provide the committee with reports and other information	365
sufficient for the committee to fulfill its duties.	366

The committee may issue recommendations as it determines	367
appropriate. The recommendations may be made to the general	368
assembly, state agencies, private industry, or any other entity.	369

(B) The committee shall consist of the following members of	370
the general assembly: the chairperson of the senate's standing	371
committee with primary responsibility for health legislation, the	372
chairperson of the house of representatives' standing committee	373
with primary responsibility for health legislation, four members	374
of the house of representatives appointed by the speaker of the	375
house of representatives, and four members of the senate appointed	376
by the president of the senate. Not more than two members	377
appointed by the speaker of the house of representatives and not	378
more than two members appointed by the president of the senate may	379
be of the same political party. Except in 1995, appointments	380
shall be made not later than fifteen days after the commencement	381
of the first regular session of each general assembly. The	382
chairpersons of the standing committees with primary	383
responsibility for health legislation shall serve as	384
co-chairpersons of the committee.	385

Each member of the committee shall hold office during the	386
general assembly in which the member is appointed and until a	387
successor has been appointed, notwithstanding the adjournment sine	388
die of the general assembly in which the member was appointed or	389
the expiration of the member's term as a member of the general	390
assembly. Any vacancies occurring among the members of the	391
committee shall be filled in the manner of the original	392
appointment.	393

The committee shall meet at least quarterly and at the call	394
of the co-chairpersons. The co-chairpersons shall determine the	395
time, place, and agenda for each meeting of the committee.	396

The committee has the same powers as other standing or select	397
committees of the general assembly. The committee may request	398
assistance from the legislative service commission ~~and the~~	399
~~legislative budget office of the legislative service commission~~.	400

Sec. 107.12. (A) As used in this section, "organization"	401
means a faith-based or other organization that is exempt from	402
federal income taxation under section 501(c)(3) of the "Internal	403
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended,	404
and provides charitable services to needy residents of this	405
state.	406

(B) There is hereby established within the office of the	407
governor the governor's office of faith-based and community	408
initiatives. The office shall:	409

(1) Serve as a clearinghouse of information on federal,	410
state, and local funding for charitable services performed by	411
organizations;	412

(2) Encourage organizations to seek public funding for their	413
charitable services;	414

(3) Assist local, state, and federal agencies in	415
coordinating their activities to secure maximum use of funds and	416
efforts that benefit people receiving charitable services from	417
organizations;	418

(4) Advise the governor, general assembly, and the advisory	419
board of the governor's office of faith-based and community	420
initiatives on the barriers that exist to collaboration between	421
organizations and governmental entities and on ways to remove the	422
barriers.	423

(C) The governor shall appoint an executive director and	424
such other staff as may be necessary to manage the office and	425
perform or oversee the performance of the duties of the office.	426
Within sixty days after being appointed, and every twelve months	427
thereafter, the executive director shall distribute to the	428
advisory board and review with the board a strategic plan. The	429
executive director shall report to the board at least quarterly	430
on proposed initiatives and policies. A report shall include	431
the condition of the budget and the finances of the office.	432

(D)(1) There is hereby created the advisory board of the	433
governor's office of faith-based and community initiatives. The	434
board shall consist of the following members:	435

(a) The directors of aging, alcohol and drug addiction	436
services, rehabilitation and correction, health, job and family	437
services, ~~mental retardation and~~ developmental disabilities,	438
mental health, and youth services, or their designees;	439

(b) The speaker of the house of representatives shall appoint	440
to the board two members of the house of representatives, not more	441
than one of whom shall be from the same political party and at	442
least one of whom shall be from the legislative black caucus. The	443
president of the senate shall appoint to the board two members of	444
the senate, not more than one of whom shall be from the same	445
political party.	446

(c) The governor, the speaker of the house of	447
representatives, and the president of the senate shall each	448
appoint to the board three representatives of the nonprofit,	449
faith-based and other nonprofit community.	450

(2) Terms of the office shall be one year. Any vacancy that	451
occurs on the board shall be filled in the same manner as the	452
original appointment.	453

(3) Members of the board are not entitled to compensation,	454
but the members appointed by the governor, the speaker of the	455
house of representatives, and the president of the senate who are	456
representatives of the nonprofit, faith-based and other nonprofit	457
community shall be reimbursed for their actual and necessary	458
expenses that are incurred in relation to board meetings.	459

(4) The board shall be presided over by a chairperson and a	460
vice-chairperson, who shall be the members of the board who are	461
also members of the house of representatives or the senate.	462
Annually on the first day of January, the chairpersonship and	463
vice-chairpersonship shall alternate between the members of the	464
house of representatives and the senate.	465

(E) The board shall have the following duties:

466

(1) Provide direction, guidance, and oversight to the office;

467

(2) Assist in the dissemination of information about, and in	468
the stimulation of public awareness of, the service programs	469
supported by the office;	470

(3) Review the budget and finances of the office, proposed	471
initiatives and policies, and the executive director's annual	472
strategic plan at board meetings;	473

(4) Provide feedback for and proposed modifications of the	474
executive director's strategic plan. Within forty-five days after	475
submitting a strategic plan, the executive director shall contact	476
each advisory board member to obtain feedback. With the approval	477
of the advisory board chairperson, the executive director shall	478
lead a strategic plan discussion at the first board meeting	479
following the distribution of the strategic plan.	480

(5) Publish a report of its activities and accomplishments on	481
or before the first day of August of each year, and deliver	482
copies of the report to the governor, the speaker and minority	483
leader of the house of representatives, and the president and	484
minority leader of the senate.	485

(F) No member of the board or organization that the member is	486
affiliated or involved with is eligible to receive any grant that	487
the office administers or assists in administering.	488

Sec. 109.57. (A)(1) The superintendent of the bureau of	489
criminal identification and investigation shall procure from	490
wherever procurable and file for record photographs, pictures,	491
descriptions, fingerprints, measurements, and other information	492
that may be pertinent of all persons who have been convicted of	493
committing within this state a felony, any crime constituting a	494
misdemeanor on the first offense and a felony on subsequent	495
offenses, or any misdemeanor described in division (A)(1)(a),	496
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	497
of all children under eighteen years of age who have been	498
adjudicated delinquent children for committing within this state	499
an act that would be a felony or an offense of violence if	500
committed by an adult or who have been convicted of or pleaded	501
guilty to committing within this state a felony or an offense of	502
violence, and of all well-known and habitual criminals. The	503
person in charge of any county, multicounty, municipal,	504
municipal-county, or multicounty-municipal jail or workhouse,	505
community-based correctional facility, halfway house, alternative	506
residential facility, or state correctional institution and the	507
person in charge of any state institution having custody of a	508
person suspected of having committed a felony, any crime	509
constituting a misdemeanor on the first offense and a felony on	510
subsequent offenses, or any misdemeanor described in division	511
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	512
Revised Code or having custody of a child under eighteen years of	513
age with respect to whom there is probable cause to believe that	514
the child may have committed an act that would be a felony or an	515
offense of violence if committed by an adult shall furnish such	516
material to the superintendent of the bureau. Fingerprints,	517
photographs, or other descriptive information of a child who is	518
under eighteen years of age, has not been arrested or otherwise	519
taken into custody for committing an act that would be a felony	520
or an offense of violence who is not in any other category of	521
child specified in this division, if committed by an adult, has	522
not been adjudicated a delinquent child for committing an act	523
that would be a felony or an offense of violence if committed by	524
an adult, has not been convicted of or pleaded guilty to	525
committing a felony or an offense of violence, and is not a child	526
with respect to whom there is probable cause to believe that the	527
child may have committed an act that would be a felony or an	528
offense of violence if committed by an adult shall not be	529
procured by the superintendent or furnished by any person in	530
charge of any county, multicounty, municipal, municipal-county,	531
or multicounty-municipal jail or workhouse, community-based	532
correctional facility, halfway house, alternative residential	533
facility, or state correctional institution, except as authorized	534
in section 2151.313 of the Revised Code.	535

(2) Every clerk of a court of record in this state, other	536
than the supreme court or a court of appeals, shall send to the	537
superintendent of the bureau a weekly report containing a summary	538
of each case involving a felony, involving any crime constituting	539
a misdemeanor on the first offense and a felony on subsequent	540
offenses, involving a misdemeanor described in division (A)(1)(a),	541
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	542
or involving an adjudication in a case in which a child under	543
eighteen years of age was alleged to be a delinquent child for	544
committing an act that would be a felony or an offense of	545
violence if committed by an adult. The clerk of the court of	546
common pleas shall include in the report and summary the clerk	547
sends under this division all information described in divisions	548
(A)(2)(a) to (f) of this section regarding a case before the	549
court of appeals that is served by that clerk. The summary shall	550
be written on the standard forms furnished by the superintendent	551
pursuant to division (B) of this section and shall include the	552
following information:	553

(a) The incident tracking number contained on the standard	554
forms furnished by the superintendent pursuant to division (B) of	555
this section;	556

(b) The style and number of the case;

557

558

(d) The date that the person was convicted of or pleaded	559
guilty to the offense, adjudicated a delinquent child for	560
committing the act that would be a felony or an offense of	561
violence if committed by an adult, found not guilty of the	562
offense, or found not to be a delinquent child for committing an	563
act that would be a felony or an offense of violence if committed	564
by an adult, the date of an entry dismissing the charge, an entry	565
declaring a mistrial of the offense in which the person is	566
discharged, an entry finding that the person or child is not	567
competent to stand trial, or an entry of a nolle prosequi, or the	568
date of any other determination that constitutes final resolution	569
of the case;	570

(e) A statement of the original charge with the section of	571
the Revised Code that was alleged to be violated;	572

(f) If the person or child was convicted, pleaded guilty, or	573
was adjudicated a delinquent child, the sentence or terms of	574
probation imposed or any other disposition of the offender or the	575
delinquent child.	576

If the offense involved the disarming of a law enforcement	577
officer or an attempt to disarm a law enforcement officer, the	578
clerk shall clearly state that fact in the summary, and the	579
superintendent shall ensure that a clear statement of that fact is	580
placed in the bureau's records.	581

(3) The superintendent shall cooperate with and assist	582
sheriffs, chiefs of police, and other law enforcement officers in	583
the establishment of a complete system of criminal identification	584
and in obtaining fingerprints and other means of identification of	585
all persons arrested on a charge of a felony, any crime	586
constituting a misdemeanor on the first offense and a felony on	587
subsequent offenses, or a misdemeanor described in division	588
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	589
Revised Code and of all children under eighteen years of age	590
arrested or otherwise taken into custody for committing an act	591
that would be a felony or an offense of violence if committed by	592
an adult. The superintendent also shall file for record the	593
fingerprint impressions of all persons confined in a county,	594
multicounty, municipal, municipal-county, or multicounty-municipal	595
jail or workhouse, community-based correctional facility, halfway	596
house, alternative residential facility, or state correctional	597
institution for the violation of state laws and of all children	598
under eighteen years of age who are confined in a county,	599
multicounty, municipal, municipal-county, or multicounty-municipal	600
jail or workhouse, community-based correctional facility, halfway	601
house, alternative residential facility, or state correctional	602
institution or in any facility for delinquent children for	603
committing an act that would be a felony or an offense of violence	604
if committed by an adult, and any other information that the	605
superintendent may receive from law enforcement officials of the	606
state and its political subdivisions.	607

(4) The superintendent shall carry out Chapter 2950. of the	608
Revised Code with respect to the registration of persons who are	609
convicted of or plead guilty to a sexually oriented offense or a	610
child-victim oriented offense and with respect to all other duties	611
imposed on the bureau under that chapter.	612

(5) The bureau shall perform centralized recordkeeping	613
functions for criminal history records and services in this state	614
for purposes of the national crime prevention and privacy compact	615
set forth in section 109.571 of the Revised Code and is the	616
criminal history record repository as defined in that section for	617
purposes of that compact. The superintendent or the	618
superintendent's designee is the compact officer for purposes of	619
that compact and shall carry out the responsibilities of the	620
compact officer specified in that compact.	621

(B) The superintendent shall prepare and furnish to every	622
county, multicounty, municipal, municipal-county, or	623
multicounty-municipal jail or workhouse, community-based	624
correctional facility, halfway house, alternative residential	625
facility, or state correctional institution and to every clerk of	626
a court in this state specified in division (A)(2) of this section	627
standard forms for reporting the information required under	628
division (A) of this section. The standard forms that the	629
superintendent prepares pursuant to this division may be in a	630
tangible format, in an electronic format, or in both tangible	631
formats and electronic formats.	632

(C)(1) The superintendent may operate a center for	633
electronic, automated, or other data processing for the storage	634
and retrieval of information, data, and statistics pertaining to	635
criminals and to children under eighteen years of age who are	636
adjudicated delinquent children for committing an act that would	637
be a felony or an offense of violence if committed by an adult,	638
criminal activity, crime prevention, law enforcement, and criminal	639
justice, and may establish and operate a statewide communications	640
network to gather and disseminate information, data, and	641
statistics for the use of law enforcement agencies and for other	642
uses specified in this division. The superintendent may gather,	643
store, retrieve, and disseminate information, data, and statistics	644
that pertain to children who are under eighteen years of age and	645
that are gathered pursuant to sections 109.57 to 109.61 of the	646
Revised Code together with information, data, and statistics that	647
pertain to adults and that are gathered pursuant to those	648
sections.	649

(2) The superintendent or the superintendent's designee shall	650
gather information of the nature described in division (C)(1) of	651
this section that pertains to the offense and delinquency history	652
of a person who has been convicted of, pleaded guilty to, or been	653
adjudicated a delinquent child for committing a sexually oriented	654
offense or a child-victim oriented offense for inclusion in the	655
state registry of sex offenders and child-victim offenders	656
maintained pursuant to division (A)(1) of section 2950.13 of the	657
Revised Code and in the internet database operated pursuant to	658
division (A)(13) of that section and for possible inclusion in the	659
internet database operated pursuant to division (A)(11) of that	660
section.	661

(3) In addition to any other authorized use of information,	662
data, and statistics of the nature described in division (C)(1)	663
of this section, the superintendent or the superintendent's	664
designee may provide and exchange the information, data, and	665
statistics pursuant to the national crime prevention and privacy	666
compact as described in division (A)(5) of this section.	667

(D) The information and materials furnished to the	668
superintendent pursuant to division (A) of this section and	669
information and materials furnished to any board or person under	670
division (F) or (G) of this section are not public records under	671
section 149.43 of the Revised Code. The superintendent or the	672
superintendent's designee shall gather and retain information so	673
furnished under division (A) of this section that pertains to the	674
offense and delinquency history of a person who has been convicted	675
of, pleaded guilty to, or been adjudicated a delinquent child for	676
committing a sexually oriented offense or a child-victim oriented	677
offense for the purposes described in division (C)(2) of this	678
section.	679

(E) The attorney general shall adopt rules, in accordance	680
with Chapter 119. of the Revised Code, setting forth the procedure	681
by which a person may receive or release information gathered by	682
the superintendent pursuant to division (A) of this section. A	683
reasonable fee may be charged for this service. If a temporary	684
employment service submits a request for a determination of	685
whether a person the service plans to refer to an employment	686
position has been convicted of or pleaded guilty to an offense	687
listed in division (A)(1), (3), (4), (5), or (6) of section	688
109.572 of the Revised Code, the request shall be treated as a	689
single request and only one fee shall be charged.	690

(F)(1) As used in division (F)(2) of this section, "head	691
start agency" means an entity in this state that has been approved	692
to be an agency for purposes of subchapter II of the "Community	693
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	694
as amended.	695

(2)(a) In addition to or in conjunction with any request that	696
is required to be made under section 109.572, 2151.86, 3301.32,	697
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012,	698
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	699
Code or that is made under section 3314.41, 3319.392, or 3326.25	700
of the Revised Code, the board of education of any school	701
district; the director of ~~mental retardation and~~ developmental	702
disabilities; any county board of ~~mental retardation and~~	703
developmental disabilities; any entity under contract with a	704
county board of ~~mental retardation and~~ developmental	705
disabilities; the chief administrator of any chartered nonpublic	706
school; the chief administrator of any home health agency; the	707
chief administrator of or person operating any child day-care	708
center, type A family day-care home, or type B family day-care	709
home licensed or certified under Chapter 5104. of the Revised	710
Code; the administrator of any type C family day-care home	711
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	712
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	713
general assembly; the chief administrator of any head start	714
agency; the executive director of a public children services	715
agency; a private company described in section 3314.41, 3319.392,	716
or 3326.25 of the Revised Code; or an employer described in	717
division (J)(2) of section 3327.10 of the Revised Code may	718
request that the superintendent of the bureau investigate and	719
determine, with respect to any individual who has applied for	720
employment in any position after October 2, 1989, or any	721
individual wishing to apply for employment with a board of	722
education may request, with regard to the individual, whether the	723
bureau has any information gathered under division (A) of this	724
section that pertains to that individual. On receipt of the	725
request, the superintendent shall determine whether that	726
information exists and, upon request of the person, board, or	727
entity requesting information, also shall request from the	728
federal bureau of investigation any criminal records it has	729
pertaining to that individual. The superintendent or the	730
superintendent's designee also may request criminal history	731
records from other states or the federal government pursuant to	732
the national crime prevention and privacy compact set forth in	733
section 109.571 of the Revised Code. Within thirty days of the	734
date that the superintendent receives a request, the	735
superintendent shall send to the board, entity, or person a	736
report of any information that the superintendent determines	737
exists, including information contained in records that have been	738
sealed under section 2953.32 of the Revised Code, and, within	739
thirty days of its receipt, shall send the board, entity, or	740
person a report of any information received from the federal	741
bureau of investigation, other than information the dissemination	742
of which is prohibited by federal law.	743

(b) When a board of education is required to receive	744
information under this section as a prerequisite to employment of	745
an individual pursuant to section 3319.39 of the Revised Code, it	746
may accept a certified copy of records that were issued by the	747
bureau of criminal identification and investigation and that are	748
presented by an individual applying for employment with the	749
district in lieu of requesting that information itself. In such a	750
case, the board shall accept the certified copy issued by the	751
bureau in order to make a photocopy of it for that individual's	752
employment application documents and shall return the certified	753
copy to the individual. In a case of that nature, a district only	754
shall accept a certified copy of records of that nature within one	755
year after the date of their issuance by the bureau.	756

(3) The state board of education may request, with respect to	757
any individual who has applied for employment after October 2,	758
1989, in any position with the state board or the department of	759
education, any information that a school district board of	760
education is authorized to request under division (F)(2) of this	761
section, and the superintendent of the bureau shall proceed as if	762
the request has been received from a school district board of	763
education under division (F)(2) of this section.	764

(4) When the superintendent of the bureau receives a request	765
for information under section 3319.291 of the Revised Code, the	766
superintendent shall proceed as if the request has been received	767
from a school district board of education under division (F)(2) of	768
this section.	769

(5) When a recipient of a classroom reading improvement grant	770
paid under section 3301.86 of the Revised Code requests, with	771
respect to any individual who applies to participate in providing	772
any program or service funded in whole or in part by the grant,	773
the information that a school district board of education is	774
authorized to request under division (F)(2)(a) of this section,	775
the superintendent of the bureau shall proceed as if the request	776
has been received from a school district board of education under	777
division (F)(2)(a) of this section.	778

(G) In addition to or in conjunction with any request that is	779
required to be made under section 3701.881, 3712.09, 3721.121, or	780
3722.151 of the Revised Code with respect to an individual who has	781
applied for employment in a position that involves providing	782
direct care to an older adult, the chief administrator of a home	783
health agency, hospice care program, home licensed under Chapter	784
3721. of the Revised Code, adult day-care program operated	785
pursuant to rules adopted under section 3721.04 of the Revised	786
Code, or adult care facility may request that the superintendent	787
of the bureau investigate and determine, with respect to any	788
individual who has applied after January 27, 1997, for employment	789
in a position that does not involve providing direct care to an	790
older adult, whether the bureau has any information gathered under	791
division (A) of this section that pertains to that individual.	792

In addition to or in conjunction with any request that is	793
required to be made under section 173.27 of the Revised Code with	794
respect to an individual who has applied for employment in a	795
position that involves providing ombudsperson services to	796
residents of long-term care facilities or recipients of	797
community-based long-term care services, the state long-term care	798
ombudsperson, ombudsperson's designee, or director of health may	799
request that the superintendent investigate and determine, with	800
respect to any individual who has applied for employment in a	801
position that does not involve providing such ombudsperson	802
services, whether the bureau has any information gathered under	803
division (A) of this section that pertains to that applicant.	804

In addition to or in conjunction with any request that is	805
required to be made under section 173.394 of the Revised Code with	806
respect to an individual who has applied for employment in a	807
position that involves providing direct care to an individual, the	808
chief administrator of a community-based long-term care agency may	809
request that the superintendent investigate and determine, with	810
respect to any individual who has applied for employment in a	811
position that does not involve providing direct care, whether the	812
bureau has any information gathered under division (A) of this	813
section that pertains to that applicant.	814

On receipt of a request under this division, the	815
superintendent shall determine whether that information exists	816
and, on request of the individual requesting information, shall	817
also request from the federal bureau of investigation any criminal	818
records it has pertaining to the applicant. The superintendent or	819
the superintendent's designee also may request criminal history	820
records from other states or the federal government pursuant to	821
the national crime prevention and privacy compact set forth in	822
section 109.571 of the Revised Code. Within thirty days of the	823
date a request is received, the superintendent shall send to the	824
requester a report of any information determined to exist,	825
including information contained in records that have been sealed	826
under section 2953.32 of the Revised Code, and, within thirty days	827
of its receipt, shall send the requester a report of any	828
information received from the federal bureau of investigation,	829
other than information the dissemination of which is prohibited by	830
federal law.	831

(H) Information obtained by a government entity or person	832
under this section is confidential and shall not be released or	833
disseminated.	834

(I) The superintendent may charge a reasonable fee for	835
providing information or criminal records under division (F)(2) or	836
(G) of this section.	837

(J) As used in this section, "sexually oriented offense" and	838
"child-victim oriented offense" have the same meanings as in	839
section 2950.01 of the Revised Code.	840

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	841
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised	842
Code, a completed form prescribed pursuant to division (C)(1) of	843
this section, and a set of fingerprint impressions obtained in	844
the manner described in division (C)(2) of this section, the	845
superintendent of the bureau of criminal identification and	846
investigation shall conduct a criminal records check in the	847
manner described in division (B) of this section to determine	848
whether any information exists that indicates that the person who	849
is the subject of the request previously has been convicted of or	850
pleaded guilty to any of the following:	851

(a) A violation of section 2903.01, 2903.02, 2903.03,	852
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	853
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	854
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	855
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	856
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	857
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	858
2925.06, or 3716.11 of the Revised Code, felonious sexual	859
penetration in violation of former section 2907.12 of the Revised	860
Code, a violation of section 2905.04 of the Revised Code as it	861
existed prior to July 1, 1996, a violation of section 2919.23 of	862
the Revised Code that would have been a violation of section	863
2905.04 of the Revised Code as it existed prior to July 1, 1996,	864
had the violation been committed prior to that date, or a	865
violation of section 2925.11 of the Revised Code that is not a	866
minor drug possession offense;	867

(b) A violation of an existing or former law of this state,	868
any other state, or the United States that is substantially	869
equivalent to any of the offenses listed in division (A)(1)(a) of	870
this section.	871

(2) On receipt of a request pursuant to section 5123.081 of	872
the Revised Code with respect to an applicant for employment in	873
any position with the department of ~~mental retardation and~~	874
developmental disabilities, pursuant to section 5126.28 of the	875
Revised Code with respect to an applicant for employment in any	876
position with a county board of ~~mental retardation and~~	877
developmental disabilities, or pursuant to section 5126.281 of the	878
Revised Code with respect to an applicant for employment in a	879
direct services position with an entity contracting with a county	880
board for employment, a completed form prescribed pursuant to	881
division (C)(1) of this section, and a set of fingerprint	882
impressions obtained in the manner described in division (C)(2) of	883
this section, the superintendent of the bureau of criminal	884
identification and investigation shall conduct a criminal records	885
check. The superintendent shall conduct the criminal records check	886
in the manner described in division (B) of this section to	887
determine whether any information exists that indicates that the	888
person who is the subject of the request has been convicted of or	889
pleaded guilty to any of the following:	890

(a) A violation of section 2903.01, 2903.02, 2903.03,	891
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	892
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	893
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	894
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	895
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	896
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	897
2925.03, or 3716.11 of the Revised Code;	898

(b) An existing or former municipal ordinance or law of this	899
state, any other state, or the United States that is substantially	900
equivalent to any of the offenses listed in division (A)(2)(a) of	901
this section.	902

(3) On receipt of a request pursuant to section 173.27,	903
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	904
completed form prescribed pursuant to division (C)(1) of this	905
section, and a set of fingerprint impressions obtained in the	906
manner described in division (C)(2) of this section, the	907
superintendent of the bureau of criminal identification and	908
investigation shall conduct a criminal records check with respect	909
to any person who has applied for employment in a position for	910
which a criminal records check is required by those sections. The	911
superintendent shall conduct the criminal records check in the	912
manner described in division (B) of this section to determine	913
whether any information exists that indicates that the person who	914
is the subject of the request previously has been convicted of or	915
pleaded guilty to any of the following:	916

(a) A violation of section 2903.01, 2903.02, 2903.03,	917
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	918
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	919
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	920
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	921
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	922
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	923
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	924
2925.22, 2925.23, or 3716.11 of the Revised Code;	925

(b) An existing or former law of this state, any other state,	926
or the United States that is substantially equivalent to any of	927
the offenses listed in division (A)(3)(a) of this section.	928

(4) On receipt of a request pursuant to section 3701.881 of	929
the Revised Code with respect to an applicant for employment with	930
a home health agency as a person responsible for the care,	931
custody, or control of a child, a completed form prescribed	932
pursuant to division (C)(1) of this section, and a set of	933
fingerprint impressions obtained in the manner described in	934
division (C)(2) of this section, the superintendent of the bureau	935
of criminal identification and investigation shall conduct a	936
criminal records check. The superintendent shall conduct the	937
criminal records check in the manner described in division (B) of	938
this section to determine whether any information exists that	939
indicates that the person who is the subject of the request	940
previously has been convicted of or pleaded guilty to any of the	941
following:	942

(a) A violation of section 2903.01, 2903.02, 2903.03,	943
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	944
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	945
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	946
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	947
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	948
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	949
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	950
violation of section 2925.11 of the Revised Code that is not a	951
minor drug possession offense;	952

(b) An existing or former law of this state, any other state,	953
or the United States that is substantially equivalent to any of	954
the offenses listed in division (A)(4)(a) of this section.	955

(5) On receipt of a request pursuant to section 5111.032,	956
5111.033, or 5111.034 of the Revised Code, a completed form	957
prescribed pursuant to division (C)(1) of this section, and a set	958
of fingerprint impressions obtained in the manner described in	959
division (C)(2) of this section, the superintendent of the bureau	960
of criminal identification and investigation shall conduct a	961
criminal records check. The superintendent shall conduct the	962
criminal records check in the manner described in division (B) of	963
this section to determine whether any information exists that	964
indicates that the person who is the subject of the request	965
previously has been convicted of, has pleaded guilty to, or has	966
been found eligible for intervention in lieu of conviction for	967
any of the following:	968

(a) A violation of section 2903.01, 2903.02, 2903.03,	969
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	970
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	971
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	972
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	973
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	974
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	975
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	976
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	977
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	978
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	979
3716.11 of the Revised Code, felonious sexual penetration in	980
violation of former section 2907.12 of the Revised Code, a	981
violation of section 2905.04 of the Revised Code as it existed	982
prior to July 1, 1996, a violation of section 2919.23 of the	983
Revised Code that would have been a violation of section 2905.04	984
of the Revised Code as it existed prior to July 1, 1996, had the	985
violation been committed prior to that date;	986

(b) An existing or former law of this state, any other state,	987
or the United States that is substantially equivalent to any of	988
the offenses listed in division (A)(5)(a) of this section.	989

(6) On receipt of a request pursuant to section 3701.881 of	990
the Revised Code with respect to an applicant for employment with	991
a home health agency in a position that involves providing direct	992
care to an older adult, a completed form prescribed pursuant to	993
division (C)(1) of this section, and a set of fingerprint	994
impressions obtained in the manner described in division (C)(2) of	995
this section, the superintendent of the bureau of criminal	996
identification and investigation shall conduct a criminal records	997
check. The superintendent shall conduct the criminal records check	998
in the manner described in division (B) of this section to	999
determine whether any information exists that indicates that the	1000
person who is the subject of the request previously has been	1001
convicted of or pleaded guilty to any of the following:	1002

(a) A violation of section 2903.01, 2903.02, 2903.03,	1003
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1004
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1005
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1006
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1007
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1008
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1009
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1010
2925.22, 2925.23, or 3716.11 of the Revised Code;	1011

(b) An existing or former law of this state, any other state,	1012
or the United States that is substantially equivalent to any of	1013
the offenses listed in division (A)(6)(a) of this section.	1014

(7) When conducting a criminal records check upon a request	1015
pursuant to section 3319.39 of the Revised Code for an applicant	1016
who is a teacher, in addition to the determination made under	1017
division (A)(1) of this section, the superintendent shall	1018
determine whether any information exists that indicates that the	1019
person who is the subject of the request previously has been	1020
convicted of or pleaded guilty to any offense specified in section	1021
3319.31 of the Revised Code.	1022

(8) On receipt of a request pursuant to section 2151.86 of	1023
the Revised Code, a completed form prescribed pursuant to	1024
division (C)(1) of this section, and a set of fingerprint	1025
impressions obtained in the manner described in division (C)(2)	1026
of this section, the superintendent of the bureau of criminal	1027
identification and investigation shall conduct a criminal records	1028
check in the manner described in division (B) of this section to	1029
determine whether any information exists that indicates that the	1030
person who is the subject of the request previously has been	1031
convicted of or pleaded guilty to any of the following:	1032

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	1033
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	1034
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	1035
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	1036
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	1037
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	1038
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	1039
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	1040
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	1041
of the Revised Code, a violation of section 2905.04 of the	1042
Revised Code as it existed prior to July 1, 1996, a violation of	1043
section 2919.23 of the Revised Code that would have been a	1044
violation of section 2905.04 of the Revised Code as it existed	1045
prior to July 1, 1996, had the violation been committed prior to	1046
that date, a violation of section 2925.11 of the Revised Code	1047
that is not a minor drug possession offense, two or more OVI or	1048
OVUAC violations committed within the three years immediately	1049
preceding the submission of the application or petition that is	1050
the basis of the request, or felonious sexual penetration in	1051
violation of former section 2907.12 of the Revised Code;	1052

(b) A violation of an existing or former law of this state,	1053
any other state, or the United States that is substantially	1054
equivalent to any of the offenses listed in division (A)(8)(a) of	1055
this section.	1056

(9) Upon receipt of a request pursuant to section 5104.012	1057
or 5104.013 of the Revised Code, a completed form prescribed	1058
pursuant to division (C)(1) of this section, and a set of	1059
fingerprint impressions obtained in the manner described in	1060
division (C)(2) of this section, the superintendent of the bureau	1061
of criminal identification and investigation shall conduct a	1062
criminal records check in the manner described in division (B) of	1063
this section to determine whether any information exists that	1064
indicates that the person who is the subject of the request has	1065
been convicted of or pleaded guilty to any of the following:	1066

(a) A violation of section 2903.01, 2903.02, 2903.03,	1067
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	1068
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	1069
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	1070
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	1071
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	1072
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	1073
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	1074
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	1075
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	1076
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	1077
3716.11 of the Revised Code, felonious sexual penetration in	1078
violation of former section 2907.12 of the Revised Code, a	1079
violation of section 2905.04 of the Revised Code as it existed	1080
prior to July 1, 1996, a violation of section 2919.23 of the	1081
Revised Code that would have been a violation of section 2905.04	1082
of the Revised Code as it existed prior to July 1, 1996, had the	1083
violation been committed prior to that date, a violation of	1084
section 2925.11 of the Revised Code that is not a minor drug	1085
possession offense, a violation of section 2923.02 or 2923.03 of	1086
the Revised Code that relates to a crime specified in this	1087
division, or a second violation of section 4511.19 of the	1088
Revised Code within five years of the date of application for	1089
licensure or certification.	1090

(b) A violation of an existing or former law of this state,	1091
any other state, or the United States that is substantially	1092
equivalent to any of the offenses or violations described in	1093
division (A)(9)(a) of this section.	1094

(10) Upon receipt of a request pursuant to section 5153.111	1095
of the Revised Code, a completed form prescribed pursuant to	1096
division (C)(1) of this section, and a set of fingerprint	1097
impressions obtained in the manner described in division (C)(2) of	1098
this section, the superintendent of the bureau of criminal	1099
identification and investigation shall conduct a criminal records	1100
check in the manner described in division (B) of this section to	1101
determine whether any information exists that indicates that the	1102
person who is the subject of the request previously has been	1103
convicted of or pleaded guilty to any of the following:	1104

(a) A violation of section 2903.01, 2903.02, 2903.03,	1105
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1106
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1107
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1108
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	1109
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1110
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	1111
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	1112
felonious sexual penetration in violation of former section	1113
2907.12 of the Revised Code, a violation of section 2905.04 of the	1114
Revised Code as it existed prior to July 1, 1996, a violation of	1115
section 2919.23 of the Revised Code that would have been a	1116
violation of section 2905.04 of the Revised Code as it existed	1117
prior to July 1, 1996, had the violation been committed prior to	1118
that date, or a violation of section 2925.11 of the Revised Code	1119
that is not a minor drug possession offense;	1120

(b) A violation of an existing or former law of this state,	1121
any other state, or the United States that is substantially	1122
equivalent to any of the offenses listed in division (A)(10)(a) of	1123
this section.	1124

(11) On receipt of a request for a criminal records check	1125
from an individual pursuant to section 4749.03 or 4749.06 of the	1126
Revised Code, accompanied by a completed copy of the form	1127
prescribed in division (C)(1) of this section and a set of	1128
fingerprint impressions obtained in a manner described in division	1129
(C)(2) of this section, the superintendent of the bureau of	1130
criminal identification and investigation shall conduct a criminal	1131
records check in the manner described in division (B) of this	1132
section to determine whether any information exists indicating	1133
that the person who is the subject of the request has been	1134
convicted of or pleaded guilty to a felony in this state or in any	1135
other state. If the individual indicates that a firearm will be	1136
carried in the course of business, the superintendent shall	1137
require information from the federal bureau of investigation as	1138
described in division (B)(2) of this section. The superintendent	1139
shall report the findings of the criminal records check and any	1140
information the federal bureau of investigation provides to the	1141
director of public safety.	1142

(12) On receipt of a request pursuant to section 1321.37,	1143
1322.03, 1322.031, or 4763.05 of the Revised Code, a completed	1144
form prescribed pursuant to division (C)(1) of this section, and	1145
a set of fingerprint impressions obtained in the manner described	1146
in division (C)(2) of this section, the superintendent of the	1147
bureau of criminal identification and investigation shall conduct	1148
a criminal records check with respect to any person who has	1149
applied for a license, permit, or certification from the	1150
department of commerce or a division in the department. The	1151
superintendent shall conduct the criminal records check in the	1152
manner described in division (B) of this section to determine	1153
whether any information exists that indicates that the person who	1154
is the subject of the request previously has been convicted of or	1155
pleaded guilty to any of the following: a violation of section	1156
2913.02, 2913.11, 2913.31, 2913.51, or 2925.03 of the Revised	1157
Code; any other criminal offense involving theft, receiving	1158
stolen property, embezzlement, forgery, fraud, passing bad	1159
checks, money laundering, or drug trafficking, or any criminal	1160
offense involving money or securities, as set forth in Chapters	1161
2909., 2911., 2913., 2915., 2921., 2923., and 2925. of the	1162
Revised Code; or any existing or former law of this state, any	1163
other state, or the United States that is substantially	1164
equivalent to those offenses.	1165

(13) On receipt of a request for a criminal records check	1166
from the treasurer of state under section 113.041 of the Revised	1167
Code or from an individual under section 4701.08, 4715.101,	1168
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	1169
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	1170
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	1171
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	1172
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied	1173
by a completed form prescribed under division (C)(1) of this	1174
section and a set of fingerprint impressions obtained in the	1175
manner described in division (C)(2) of this section, the	1176
superintendent of the bureau of criminal identification and	1177
investigation shall conduct a criminal records check in the	1178
manner described in division (B) of this section to determine	1179
whether any information exists that indicates that the person who	1180
is the subject of the request has been convicted of or pleaded	1181
guilty to any criminal offense in this state or any other state.	1182
The superintendent shall send the results of a check requested	1183
under section 113.041 of the Revised Code to the treasurer of	1184
state and shall send the results of a check requested under any of	1185
the other listed sections to the licensing board specified by the	1186
individual in the request.	1187

(14) On receipt of a request pursuant to section 1121.23,	1188
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	1189
Code, a completed form prescribed pursuant to division (C)(1) of	1190
this section, and a set of fingerprint impressions obtained in the	1191
manner described in division (C)(2) of this section, the	1192
superintendent of the bureau of criminal identification and	1193
investigation shall conduct a criminal records check in the manner	1194
described in division (B) of this section to determine whether any	1195
information exists that indicates that the person who is the	1196
subject of the request previously has been convicted of or pleaded	1197
guilty to any criminal offense under any existing or former law of	1198
this state, any other state, or the United States.	1199

(15) Not later than thirty days after the date the	1200
superintendent receives a request of a type described in division	1201
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11),	1202
(12), or (14) of this section, the completed form, and the	1203
fingerprint impressions, the superintendent shall send the	1204
person, board, or entity that made the request any information,	1205
other than information the dissemination of which is prohibited	1206
by federal law, the superintendent determines exists with respect	1207
to the person who is the subject of the request that indicates	1208
that the person previously has been convicted of or pleaded	1209
guilty to any offense listed or described in division (A)(1),	1210
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), or	1211
(14) of this section, as appropriate. The superintendent shall	1212
send the person, board, or entity that made the request a copy of	1213
the list of offenses specified in division (A)(1), (2), (3), (4),	1214
(5), (6), (7), (8), (9), (10), (11), (12), or (14) of this	1215
section, as appropriate. If the request was made under section	1216
3701.881 of the Revised Code with regard to an applicant who may	1217
be both responsible for the care, custody, or control of a child	1218
and involved in providing direct care to an older adult, the	1219
superintendent shall provide a list of the offenses specified in	1220
divisions (A)(4) and (6) of this section.	1221

Not later than thirty days after the superintendent receives	1222
a request for a criminal records check pursuant to section 113.041	1223
of the Revised Code, the completed form, and the fingerprint	1224
impressions, the superintendent shall send the treasurer of state	1225
any information, other than information the dissemination of which	1226
is prohibited by federal law, the superintendent determines exist	1227
with respect to the person who is the subject of the request that	1228
indicates that the person previously has been convicted of or	1229
pleaded guilty to any criminal offense in this state or any other	1230
state.	1231

(B) The superintendent shall conduct any criminal records	1232
check requested under section 113.041, 121.08, 173.27, 173.394,	1233
1121.23, 1155.03, 1163.05, 1315.141, 1322.03, 1322.031, 1733.47,	1234
1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	1235
3721.121, 3722.151, 4701.08, 4715.101, 4717.061, 4725.121,	1236
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081,	1237
4731.15, 4731.171, 4731.222, 4731.281, 4731.296, 4731.531,	1238
4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 4749.06,	1239
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	1240
4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 5104.013,	1241
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	1242
5153.111 of the Revised Code as follows:	1243

(1) The superintendent shall review or cause to be reviewed	1244
any relevant information gathered and compiled by the bureau under	1245
division (A) of section 109.57 of the Revised Code that relates to	1246
the person who is the subject of the request, including, if the	1247
criminal records check was requested under section 113.041,	1248
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	1249
1321.37, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	1250
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	1251
4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.032,	1252
5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of	1253
the Revised Code, any relevant information contained in records	1254
that have been sealed under section 2953.32 of the Revised Code;	1255

(2) If the request received by the superintendent asks for	1256
information from the federal bureau of investigation, the	1257
superintendent shall request from the federal bureau of	1258
investigation any information it has with respect to the person	1259
who is the subject of the request, including fingerprint-based	1260
checks of national crime information databases as described in 42	1261
U.S.C. 671 if the request is made pursuant to section 2151.86,	1262
5104.012, or 5104.013 of the Revised Code or if any other Revised	1263
Code section requires fingerprint-based checks of that nature, and	1264
shall review or cause to be reviewed any information the	1265
superintendent receives from that bureau.	1266

(3) The superintendent or the superintendent's designee may	1267
request criminal history records from other states or the federal	1268
government pursuant to the national crime prevention and privacy	1269
compact set forth in section 109.571 of the Revised Code.	1270

(C)(1) The superintendent shall prescribe a form to obtain	1271
the information necessary to conduct a criminal records check from	1272
any person for whom a criminal records check is requested under	1273
section 113.041 of the Revised Code or required by section	1274
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	1275
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	1276
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4701.08,	1277
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	1278
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,	1279
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,	1280
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,	1281
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	1282
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081,	1283
5126.28, 5126.281, or 5153.111 of the Revised Code. The form	1284
that the superintendent prescribes pursuant to this division may	1285
be in a tangible format, in an electronic format, or in both	1286
tangible and electronic formats.	1287

(2) The superintendent shall prescribe standard impression	1288
sheets to obtain the fingerprint impressions of any person for	1289
whom a criminal records check is requested under section 113.041	1290
of the Revised Code or required by section 121.08, 173.27,	1291
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1322.03, 1322.031,	1292
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	1293
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061,	1294
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	1295
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	1296
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03,	1297
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	1298
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	1299
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	1300
5126.281, or 5153.111 of the Revised Code. Any person for whom a	1301
records check is requested under or required by any of those	1302
sections shall obtain the fingerprint impressions at a county	1303
sheriff's office, municipal police department, or any other	1304
entity with the ability to make fingerprint impressions on the	1305
standard impression sheets prescribed by the superintendent. The	1306
office, department, or entity may charge the person a reasonable	1307
fee for making the impressions. The standard impression sheets the	1308
superintendent prescribes pursuant to this division may be in a	1309
tangible format, in an electronic format, or in both tangible and	1310
electronic formats.	1311

(3) Subject to division (D) of this section, the	1312
superintendent shall prescribe and charge a reasonable fee for	1313
providing a criminal records check requested under section	1314
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	1315
1315.141, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	1316
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	1317
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	1318
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,	1319
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,	1320
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101,	1321
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06,	1322
4763.05, 4779.091, 5104.012, 5104.013, 5111.032, 5111.033,	1323
5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the	1324
Revised Code. The person making a criminal records request	1325
under any of those sections shall pay the fee prescribed	1326
pursuant to this division. A person making a request under	1327
section 3701.881 of the Revised Code for a criminal records	1328
check for an applicant who may be both responsible for the care,	1329
custody, or control of a child and involved in providing direct	1330
care to an older adult shall pay one fee for the request. In the	1331
case of a request under section 1121.23, 1155.03, 1163.05,	1332
1315.141, 1733.47, 1761.26, or 5111.032 of the Revised Code,	1333
the fee shall be paid in the manner specified in that section.	1334

(4) The superintendent of the bureau of criminal	1335
identification and investigation may prescribe methods of	1336
forwarding fingerprint impressions and information necessary to	1337
conduct a criminal records check, which methods shall include, but	1338
not be limited to, an electronic method.	1339

(D) A determination whether any information exists that	1340
indicates that a person previously has been convicted of or	1341
pleaded guilty to any offense listed or described in division	1342
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	1343
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or	1344
(b), (A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), or (A)(14) of	1345
this section, or that indicates that a person previously has	1346
been convicted of or pleaded guilty to any criminal offense in	1347
this state or any other state regarding a criminal records check	1348
of a type described in division (A)(13) of this section, and	1349
that is made by the superintendent with respect to information	1350
considered in a criminal records check in accordance with this	1351
section is valid for the person who is the subject of the	1352
criminal records check for a period of one year from the date	1353
upon which the superintendent makes the determination. During the	1354
period in which the determination in regard to a person is valid,	1355
if another request under this section is made for a criminal	1356
records check for that person, the superintendent shall provide	1357
the information that is the basis for the superintendent's	1358
initial determination at a lower fee than the fee prescribed for	1359
the initial criminal records check.	1360

(E) As used in this section:

1361

(1) "Criminal records check" means any criminal records check	1362
conducted by the superintendent of the bureau of criminal	1363
identification and investigation in accordance with division (B)	1364
of this section.	1365

(2) "Minor drug possession offense" has the same meaning as	1366
in section 2925.01 of the Revised Code.	1367

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

1368

(4) "OVI or OVUAC violation" means a violation of section	1369
4511.19 of the Revised Code or a violation of an existing or	1370
former law of this state, any other state, or the United States	1371
that is substantially equivalent to section 4511.19 of the Revised	1372
Code.	1373

Sec. 109.71. There is hereby created in the office of the	1374
attorney general the Ohio peace officer training commission. The	1375
commission shall consist of nine members appointed by the governor	1376
with the advice and consent of the senate and selected as follows:	1377
one member representing the public; two members who are incumbent	1378
sheriffs; two members who are incumbent chiefs of police; one	1379
member from the bureau of criminal identification and	1380
investigation; one member from the state highway patrol; one	1381
member who is the special agent in charge of a field office of the	1382
federal bureau of investigation in this state; and one member from	1383
the department of education, trade and industrial education	1384
services, law enforcement training.	1385

This section does not confer any arrest authority or any	1386
ability or authority to detain a person, write or issue any	1387
citation, or provide any disposition alternative, as granted under	1388
Chapter 2935. of the Revised Code.	1389

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

1390

(A) "Peace officer" means:

1391

(1) A deputy sheriff, marshal, deputy marshal, member of the	1392
organized police department of a township or municipal	1393
corporation, member of a township police district or joint	1394
township police district police force, member of a police force	1395
employed by a metropolitan housing authority under division (D) of	1396
section 3735.31 of the Revised Code, or township constable, who is	1397
commissioned and employed as a peace officer by a political	1398
subdivision of this state or by a metropolitan housing authority,	1399
and whose primary duties are to preserve the peace, to protect	1400
life and property, and to enforce the laws of this state,	1401
ordinances of a municipal corporation, resolutions of a township,	1402
or regulations of a board of county commissioners or board of	1403
township trustees, or any of those laws, ordinances, resolutions,	1404
or regulations;	1405

(2) A police officer who is employed by a railroad company	1406
and appointed and commissioned by the secretary of state pursuant	1407
to sections 4973.17 to 4973.22 of the Revised Code;	1408

(3) Employees of the department of taxation engaged in the	1409
enforcement of Chapter 5743. of the Revised Code and designated by	1410
the tax commissioner for peace officer training for purposes of	1411
the delegation of investigation powers under section 5743.45 of	1412
the Revised Code;	1413

(4) An undercover drug agent;

1414

(5) Enforcement agents of the department of public safety	1415
whom the director of public safety designates under section	1416
5502.14 of the Revised Code;	1417

(6) An employee of the department of natural resources who is	1418
a natural resources law enforcement staff officer designated	1419
pursuant to section 1501.013, a park officer designated pursuant	1420
to section 1541.10, a forest officer designated pursuant to	1421
section 1503.29, a preserve officer designated pursuant to section	1422
1517.10, a wildlife officer designated pursuant to section	1423
1531.13, or a state watercraft officer designated pursuant to	1424
section 1547.521 of the Revised Code;	1425

(7) An employee of a park district who is designated pursuant	1426
to section 511.232 or 1545.13 of the Revised Code;	1427

(8) An employee of a conservancy district who is designated	1428
pursuant to section 6101.75 of the Revised Code;	1429

(9) A police officer who is employed by a hospital that	1430
employs and maintains its own proprietary police department or	1431
security department, and who is appointed and commissioned by the	1432
secretary of state pursuant to sections 4973.17 to 4973.22 of the	1433
Revised Code;	1434

(10) Veterans' homes police officers designated under section	1435
5907.02 of the Revised Code;	1436

(11) A police officer who is employed by a qualified	1437
nonprofit corporation police department pursuant to section	1438
1702.80 of the Revised Code;	1439

(12) A state university law enforcement officer appointed	1440
under section 3345.04 of the Revised Code or a person serving as a	1441
state university law enforcement officer on a permanent basis on	1442
June 19, 1978, who has been awarded a certificate by the executive	1443
director of the Ohio peace officer training commission attesting	1444
to the person's satisfactory completion of an approved state,	1445
county, municipal, or department of natural resources peace	1446
officer basic training program;	1447

(13) A special police officer employed by the department of	1448
mental health pursuant to section 5119.14 of the Revised Code or	1449
the department of ~~mental retardation and~~ developmental	1450
disabilities pursuant to section 5123.13 of the Revised Code;	1451

(14) A member of a campus police department appointed under	1452
section 1713.50 of the Revised Code;	1453

(15) A member of a police force employed by a regional	1454
transit authority under division (Y) of section 306.35 of the	1455
Revised Code;	1456

(16) Investigators appointed by the auditor of state pursuant	1457
to section 117.091 of the Revised Code and engaged in the	1458
enforcement of Chapter 117. of the Revised Code;	1459

(17) A special police officer designated by the	1460
superintendent of the state highway patrol pursuant to section	1461
5503.09 of the Revised Code or a person who was serving as a	1462
special police officer pursuant to that section on a permanent	1463
basis on October 21, 1997, and who has been awarded a certificate	1464
by the executive director of the Ohio peace officer training	1465
commission attesting to the person's satisfactory completion of an	1466
approved state, county, municipal, or department of natural	1467
resources peace officer basic training program;	1468

(18) A special police officer employed by a port authority	1469
under section 4582.04 or 4582.28 of the Revised Code or a person	1470
serving as a special police officer employed by a port authority	1471
on a permanent basis on May 17, 2000, who has been awarded a	1472
certificate by the executive director of the Ohio peace officer	1473
training commission attesting to the person's satisfactory	1474
completion of an approved state, county, municipal, or department	1475
of natural resources peace officer basic training program;	1476

(19) A special police officer employed by a municipal	1477
corporation who has been awarded a certificate by the executive	1478
director of the Ohio peace officer training commission for	1479
satisfactory completion of an approved peace officer basic	1480
training program and who is employed on a permanent basis on or	1481
after March 19, 2003, at a municipal airport, or other municipal	1482
air navigation facility, that has scheduled operations, as defined	1483
in section 119.3 of Title 14 of the Code of Federal Regulations,	1484
14 C.F.R. 119.3, as amended, and that is required to be under a	1485
security program and is governed by aviation security rules of the	1486
transportation security administration of the United States	1487
department of transportation as provided in Parts 1542. and 1544.	1488
of Title 49 of the Code of Federal Regulations, as amended;	1489

(20) A police officer who is employed by an owner or operator	1490
of an amusement park that has an average yearly attendance in	1491
excess of six hundred thousand guests and that employs and	1492
maintains its own proprietary police department or security	1493
department, and who is appointed and commissioned by a judge of	1494
the appropriate municipal court or county court pursuant to	1495
section 4973.17 of the Revised Code;	1496

(21) A police officer who is employed by a bank, savings and	1497
loan association, savings bank, credit union, or association of	1498
banks, savings and loan associations, savings banks, or credit	1499
unions, who has been appointed and commissioned by the secretary	1500
of state pursuant to sections 4973.17 to 4973.22 of the Revised	1501
Code, and who has been awarded a certificate by the executive	1502
director of the Ohio peace officer training commission attesting	1503
to the person's satisfactory completion of a state, county,	1504
municipal, or department of natural resources peace officer basic	1505
training program;	1506

(22) An investigator, as defined in section 109.541 of the	1507
Revised Code, of the bureau of criminal identification and	1508
investigation who is commissioned by the superintendent of the	1509
bureau as a special agent for the purpose of assisting law	1510
enforcement officers or providing emergency assistance to peace	1511
officers pursuant to authority granted under that section;	1512

(23) A state fire marshal law enforcement officer appointed	1513
under section 3737.22 of the Revised Code or a person serving as a	1514
state fire marshal law enforcement officer on a permanent basis on	1515
or after July 1, 1982, who has been awarded a certificate by the	1516
executive director of the Ohio peace officer training commission	1517
attesting to the person's satisfactory completion of an approved	1518
state, county, municipal, or department of natural resources peace	1519
officer basic training program.	1520

(B) "Undercover drug agent" has the same meaning as in	1521
division (B)(2) of section 109.79 of the Revised Code.	1522

(C) "Crisis intervention training" means training in the use	1523
of interpersonal and communication skills to most effectively and	1524
sensitively interview victims of rape.	1525

(D) "Missing children" has the same meaning as in section	1526
2901.30 of the Revised Code.	1527

Sec. 109.77. (A) As used in this section, "felony" has the	1528
same meaning as in section 109.511 of the Revised Code.	1529

(B)(1) Notwithstanding any general, special, or local law or	1530
charter to the contrary, and except as otherwise provided in this	1531
section, no person shall receive an original appointment on a	1532
permanent basis as any of the following unless the person	1533
previously has been awarded a certificate by the executive	1534
director of the Ohio peace officer training commission attesting	1535
to the person's satisfactory completion of an approved state,	1536
county, municipal, or department of natural resources peace	1537
officer basic training program:	1538

(a) A peace officer of any county, township, municipal	1539
corporation, regional transit authority, or metropolitan housing	1540
authority;	1541

(b) A natural resources law enforcement staff officer, park	1542
officer, forest officer, preserve officer, wildlife officer, or	1543
state watercraft officer of the department of natural resources;	1544

(c) An employee of a park district under section 511.232 or	1545
1545.13 of the Revised Code;	1546

(d) An employee of a conservancy district who is designated	1547
pursuant to section 6101.75 of the Revised Code;	1548

(e) A state university law enforcement officer;

1549

(f) A special police officer employed by the department of	1550
mental health pursuant to section 5119.14 of the Revised Code or	1551
the department of ~~mental retardation and~~ developmental	1552
disabilities pursuant to section 5123.13 of the Revised Code;	1553

(g) An enforcement agent of the department of public safety	1554
whom the director of public safety designates under section	1555
5502.14 of the Revised Code;	1556

(h) A special police officer employed by a port authority	1557
under section 4582.04 or 4582.28 of the Revised Code;	1558

(i) A special police officer employed by a municipal	1559
corporation at a municipal airport, or other municipal air	1560
navigation facility, that has scheduled operations, as defined in	1561
section 119.3 of Title 14 of the Code of Federal Regulations, 14	1562
C.F.R. 119.3, as amended, and that is required to be under a	1563
security program and is governed by aviation security rules of the	1564
transportation security administration of the United States	1565
department of transportation as provided in Parts 1542. and 1544.	1566
of Title 49 of the Code of Federal Regulations, as amended.	1567

(2) Every person who is appointed on a temporary basis or for	1568
a probationary term or on other than a permanent basis as any of	1569
the following shall forfeit the appointed position unless the	1570
person previously has completed satisfactorily or, within the time	1571
prescribed by rules adopted by the attorney general pursuant to	1572
section 109.74 of the Revised Code, satisfactorily completes a	1573
state, county, municipal, or department of natural resources peace	1574
officer basic training program for temporary or probationary	1575
officers and is awarded a certificate by the director attesting to	1576
the satisfactory completion of the program:	1577

(a) A peace officer of any county, township, municipal	1578
corporation, regional transit authority, or metropolitan housing	1579
authority;	1580

(b) A natural resources law enforcement staff officer, park	1581
officer, forest officer, preserve officer, wildlife officer, or	1582
state watercraft officer of the department of natural resources;	1583

(c) An employee of a park district under section 511.232 or	1584
1545.13 of the Revised Code;	1585

(d) An employee of a conservancy district who is designated	1586
pursuant to section 6101.75 of the Revised Code;	1587

(e) A special police officer employed by the department of	1588
mental health pursuant to section 5119.14 of the Revised Code or	1589
the department of ~~mental retardation and~~ developmental	1590
disabilities pursuant to section 5123.13 of the Revised Code;	1591

(f) An enforcement agent of the department of public safety	1592
whom the director of public safety designates under section	1593
5502.14 of the Revised Code;	1594

(g) A special police officer employed by a port authority	1595
under section 4582.04 or 4582.28 of the Revised Code;	1596

(h) A special police officer employed by a municipal	1597
corporation at a municipal airport, or other municipal air	1598
navigation facility, that has scheduled operations, as defined in	1599
section 119.3 of Title 14 of the Code of Federal Regulations, 14	1600
C.F.R. 119.3, as amended, and that is required to be under a	1601
security program and is governed by aviation security rules of the	1602
transportation security administration of the United States	1603
department of transportation as provided in Parts 1542. and 1544.	1604
of Title 49 of the Code of Federal Regulations, as amended.	1605

(3) For purposes of division (B) of this section, a state,	1606
county, municipal, or department of natural resources peace	1607
officer basic training program, regardless of whether the program	1608
is to be completed by peace officers appointed on a permanent or	1609
temporary, probationary, or other nonpermanent basis, shall	1610
include at least fifteen hours of training in the handling of the	1611
offense of domestic violence, other types of domestic	1612
violence-related offenses and incidents, and protection orders and	1613
consent agreements issued or approved under section 2919.26 or	1614
3113.31 of the Revised Code and at least six hours of crisis	1615
intervention training. The requirement to complete fifteen hours	1616
of training in the handling of the offense of domestic violence,	1617
other types of domestic violence-related offenses and incidents,	1618
and protection orders and consent agreements issued or approved	1619
under section 2919.26 or 3113.31 of the Revised Code does not	1620
apply to any person serving as a peace officer on March 27, 1979,	1621
and the requirement to complete six hours of training in crisis	1622
intervention does not apply to any person serving as a peace	1623
officer on April 4, 1985. Any person who is serving as a peace	1624
officer on April 4, 1985, who terminates that employment after	1625
that date, and who subsequently is hired as a peace officer by the	1626
same or another law enforcement agency shall complete the six	1627
hours of training in crisis intervention within the time	1628
prescribed by rules adopted by the attorney general pursuant to	1629
section 109.742 of the Revised Code. No peace officer shall have	1630
employment as a peace officer terminated and then be reinstated	1631
with intent to circumvent this section.	1632

(4) Division (B) of this section does not apply to any person	1633
serving on a permanent basis on March 28, 1985, as a park officer,	1634
forest officer, preserve officer, wildlife officer, or state	1635
watercraft officer of the department of natural resources or as an	1636
employee of a park district under section 511.232 or 1545.13 of	1637
the Revised Code, to any person serving on a permanent basis on	1638
March 6, 1986, as an employee of a conservancy district designated	1639
pursuant to section 6101.75 of the Revised Code, to any person	1640
serving on a permanent basis on January 10, 1991, as a preserve	1641
officer of the department of natural resources, to any person	1642
employed on a permanent basis on July 2, 1992, as a special police	1643
officer by the department of mental health pursuant to section	1644
5119.14 of the Revised Code or by the department of ~~mental~~	1645
~~retardation and~~ developmental disabilities pursuant to section	1646
5123.13 of the Revised Code, to any person serving on a permanent	1647
basis on May 17, 2000, as a special police officer employed by a	1648
port authority under section 4582.04 or 4582.28 of the Revised	1649
Code, to any person serving on a permanent basis on ~~the effective~~	1650
~~date of this amendment~~March 19, 2003, as a special police officer	1651
employed by a municipal corporation at a municipal airport or	1652
other municipal air navigation facility described in division	1653
(A)(19) of section 109.71 of the Revised Code, to any person	1654
serving on a permanent basis on June 19, 1978, as a state	1655
university law enforcement officer pursuant to section 3345.04 of	1656
the Revised Code and who, immediately prior to June 19, 1978, was	1657
serving as a special police officer designated under authority of	1658
that section, or to any person serving on a permanent basis on	1659
September 20, 1984, as a liquor control investigator, known after	1660
June 30, 1999, as an enforcement agent of the department of public	1661
safety, engaged in the enforcement of Chapters 4301. and 4303. of	1662
the Revised Code.	1663

(5) Division (B) of this section does not apply to any person	1664
who is appointed as a regional transit authority police officer	1665
pursuant to division (Y) of section 306.35 of the Revised Code if,	1666
on or before July 1, 1996, the person has completed satisfactorily	1667
an approved state, county, municipal, or department of natural	1668
resources peace officer basic training program and has been	1669
awarded a certificate by the executive director of the Ohio peace	1670
officer training commission attesting to the person's satisfactory	1671
completion of such an approved program and if, on July 1, 1996,	1672
the person is performing peace officer functions for a regional	1673
transit authority.	1674

(C) No person, after September 20, 1984, shall receive an	1675
original appointment on a permanent basis as a veterans' home	1676
police officer designated under section 5907.02 of the Revised	1677
Code unless the person previously has been awarded a certificate	1678
by the executive director of the Ohio peace officer training	1679
commission attesting to the person's satisfactory completion of an	1680
approved police officer basic training program. Every person who	1681
is appointed on a temporary basis or for a probationary term or on	1682
other than a permanent basis as a veterans' home police officer	1683
designated under section 5907.02 of the Revised Code shall forfeit	1684
that position unless the person previously has completed	1685
satisfactorily or, within one year from the time of appointment,	1686
satisfactorily completes an approved police officer basic training	1687
program.	1688

(D) No bailiff or deputy bailiff of a court of record of this	1689
state and no criminal investigator who is employed by the state	1690
public defender shall carry a firearm, as defined in section	1691
2923.11 of the Revised Code, while on duty unless the bailiff,	1692
deputy bailiff, or criminal investigator has done or received one	1693
of the following:	1694

(1) Has been awarded a certificate by the executive director	1695
of the Ohio peace officer training commission, which certificate	1696
attests to satisfactory completion of an approved state, county,	1697
or municipal basic training program for bailiffs and deputy	1698
bailiffs of courts of record and for criminal investigators	1699
employed by the state public defender that has been recommended by	1700
the Ohio peace officer training commission;	1701

(2) Has successfully completed a firearms training program	1702
approved by the Ohio peace officer training commission prior to	1703
employment as a bailiff, deputy bailiff, or criminal investigator;	1704

(3) Prior to June 6, 1986, was authorized to carry a firearm	1705
by the court that employed the bailiff or deputy bailiff or, in	1706
the case of a criminal investigator, by the state public defender	1707
and has received training in the use of firearms that the Ohio	1708
peace officer training commission determines is equivalent to the	1709
training that otherwise is required by division (D) of this	1710
section.	1711

(E)(1) Before a person seeking a certificate completes an	1712
approved peace officer basic training program, the executive	1713
director of the Ohio peace officer training commission shall	1714
request the person to disclose, and the person shall disclose, any	1715
previous criminal conviction of or plea of guilty of that person	1716
to a felony.	1717

(2) Before a person seeking a certificate completes an	1718
approved peace officer basic training program, the executive	1719
director shall request a criminal history records check on the	1720
person. The executive director shall submit the person's	1721
fingerprints to the bureau of criminal identification and	1722
investigation, which shall submit the fingerprints to the federal	1723
bureau of investigation for a national criminal history records	1724
check.	1725

Upon receipt of the executive director's request, the bureau	1726
of criminal identification and investigation and the federal	1727
bureau of investigation shall conduct a criminal history records	1728
check on the person and, upon completion of the check, shall	1729
provide a copy of the criminal history records check to the	1730
executive director. The executive director shall not award any	1731
certificate prescribed in this section unless the executive	1732
director has received a copy of the criminal history records check	1733
on the person to whom the certificate is to be awarded.	1734

(3) The executive director of the commission shall not award	1735
a certificate prescribed in this section to a person who has been	1736
convicted of or has pleaded guilty to a felony or who fails to	1737
disclose any previous criminal conviction of or plea of guilty to	1738
a felony as required under division (E)(1) of this section.	1739

(4) The executive director of the commission shall revoke the	1740
certificate awarded to a person as prescribed in this section, and	1741
that person shall forfeit all of the benefits derived from being	1742
certified as a peace officer under this section, if the person,	1743
before completion of an approved peace officer basic training	1744
program, failed to disclose any previous criminal conviction of or	1745
plea of guilty to a felony as required under division (E)(1) of	1746
this section.	1747

(F)(1) Regardless of whether the person has been awarded the	1748
certificate or has been classified as a peace officer prior to,	1749
on, or after October 16, 1996, the executive director of the Ohio	1750
peace officer training commission shall revoke any certificate	1751
that has been awarded to a person as prescribed in this section if	1752
the person does either of the following:	1753

(a) Pleads guilty to a felony committed on or after January	1754
1, 1997;	1755

(b) Pleads guilty to a misdemeanor committed on or after	1756
January 1, 1997, pursuant to a negotiated plea agreement as	1757
provided in division (D) of section 2929.43 of the Revised Code in	1758
which the person agrees to surrender the certificate awarded to	1759
the person under this section.	1760

(2) The executive director of the commission shall suspend	1761
any certificate that has been awarded to a person as prescribed in	1762
this section if the person is convicted, after trial, of a felony	1763
committed on or after January 1, 1997. The executive director	1764
shall suspend the certificate pursuant to division (F)(2) of this	1765
section pending the outcome of an appeal by the person from that	1766
conviction to the highest court to which the appeal is taken or	1767
until the expiration of the period in which an appeal is required	1768
to be filed. If the person files an appeal that results in that	1769
person's acquittal of the felony or conviction of a misdemeanor,	1770
or in the dismissal of the felony charge against that person, the	1771
executive director shall reinstate the certificate awarded to the	1772
person under this section. If the person files an appeal from that	1773
person's conviction of the felony and the conviction is upheld by	1774
the highest court to which the appeal is taken or if the person	1775
does not file a timely appeal, the executive director shall revoke	1776
the certificate awarded to the person under this section.	1777

(G)(1) If a person is awarded a certificate under this	1778
section and the certificate is revoked pursuant to division (E)(4)	1779
or (F) of this section, the person shall not be eligible to	1780
receive, at any time, a certificate attesting to the person's	1781
satisfactory completion of a peace officer basic training program.	1782

(2) The revocation or suspension of a certificate under	1783
division (E)(4) or (F) of this section shall be in accordance with	1784
Chapter 119. of the Revised Code.	1785

(H)(1) A person who was employed as a peace officer of a	1786
county, township, or municipal corporation of the state on January	1787
1, 1966, and who has completed at least sixteen years of full-time	1788
active service as such a peace officer may receive an original	1789
appointment on a permanent basis and serve as a peace officer of a	1790
county, township, or municipal corporation, or as a state	1791
university law enforcement officer, without complying with the	1792
requirements of division (B) of this section.	1793

(2) Any person who held an appointment as a state highway	1794
trooper on January 1, 1966, may receive an original appointment on	1795
a permanent basis and serve as a peace officer of a county,	1796
township, or municipal corporation, or as a state university law	1797
enforcement officer, without complying with the requirements of	1798
division (B) of this section.	1799

(I) No person who is appointed as a peace officer of a	1800
county, township, or municipal corporation on or after April 9,	1801
1985, shall serve as a peace officer of that county, township, or	1802
municipal corporation unless the person has received training in	1803
the handling of missing children and child abuse and neglect cases	1804
from an approved state, county, township, or municipal police	1805
officer basic training program or receives the training within the	1806
time prescribed by rules adopted by the attorney general pursuant	1807
to section 109.741 of the Revised Code.	1808

(J) No part of any approved state, county, or municipal basic	1809
training program for bailiffs and deputy bailiffs of courts of	1810
record and no part of any approved state, county, or municipal	1811
basic training program for criminal investigators employed by the	1812
state public defender shall be used as credit toward the	1813
completion by a peace officer of any part of the approved state,	1814
county, or municipal peace officer basic training program that the	1815
peace officer is required by this section to complete	1816
satisfactorily.	1817

(K) This section does not apply to any member of the police	1818
department of a municipal corporation in an adjoining state	1819
serving in this state under a contract pursuant to section 737.04	1820
of the Revised Code.	1821

Sec. 109.86. (A) The attorney general shall investigate any	1822
activity the attorney general has reasonable cause to believe is	1823
in violation of section 2903.34 of the Revised Code. Upon written	1824
request of the governor, the general assembly, the auditor of	1825
state, or the director of health, job and family services, aging,	1826
mental health, or ~~mental retardation and~~ developmental	1827
disabilities, the attorney general shall investigate any activity	1828
these persons believe is in violation of section 2903.34 of the	1829
Revised Code. If after an investigation the attorney general has	1830
probable cause to prosecute for the commission of a crime, the	1831
attorney general shall refer the evidence to the prosecuting	1832
attorney, director of law, or other similar chief legal officer	1833
having jurisdiction over the matter. If the prosecuting attorney	1834
decides to present the evidence to a grand jury, the prosecuting	1835
attorney shall notify the attorney general in writing of the	1836
decision within thirty days after referral of the matter and shall	1837
present the evidence prior to the discharge of the next regular	1838
grand jury. If the director of law or other chief legal officer	1839
decides to prosecute the case, the director or officer shall	1840
notify the attorney general in writing of the decision within	1841
thirty days and shall initiate prosecution within sixty days after	1842
the matter was referred to the director or officer.	1843

(B) If the prosecuting attorney, director of law, or other	1844
chief legal officer fails to notify the attorney general or to	1845
present evidence or initiate prosecution in accordance with	1846
division (A) of this section, the attorney general may present the	1847
evidence to a regular grand jury drawn and impaneled pursuant to	1848
sections 2939.01 to 2939.24 of the Revised Code, or to a special	1849
grand jury drawn and impaneled pursuant to section 2939.17 of the	1850
Revised Code, or the attorney general may initiate and prosecute	1851
any action in any court or tribunal of competent jurisdiction in	1852
this state. The attorney general, and any assistant or special	1853
counsel designated by the attorney general, have all the powers of	1854
a prosecuting attorney, director of law, or other chief legal	1855
officer when proceeding under this section. Nothing in this	1856
section shall limit or prevent a prosecuting attorney, director of	1857
law, or other chief legal officer from investigating and	1858
prosecuting criminal activity committed against a resident or	1859
patient of a care facility.	1860

Sec. 117.102. The auditor of state shall review the report	1861
of each school health and safety network inspection of a public	1862
school building and associated grounds submitted to the auditor of	1863
state under section 3701.932 of the Revised Code. The auditor of	1864
state may include references to any of the recommendations	1865
contained in the inspection report, as determined appropriate by	1866
the auditor of state, in any audit report of the school district,	1867
educational service center, county board of ~~mental retardation and~~	1868
developmental disabilities, or community school controlling the	1869
inspected building and grounds.	1870

As used in this section, "public school" has the same meaning	1871
as in section 3701.93 of the Revised Code.	1872

Sec. 121.02. The following administrative departments and	1873
their respective directors are hereby created:	1874

(A) The office of budget and management, which shall be	1875
administered by the director of budget and management;	1876

(B) The department of commerce, which shall be administered	1877
by the director of commerce;	1878

(C) The department of administrative services, which shall be	1879
administered by the director of administrative services;	1880

(D) The department of transportation, which shall be	1881
administered by the director of transportation;	1882

(E) The department of agriculture, which shall be	1883
administered by the director of agriculture;	1884

(F) The department of natural resources, which shall be	1885
administered by the director of natural resources;	1886

(G) The department of health, which shall be administered by	1887
the director of health;	1888

(H) The department of job and family services, which shall be	1889
administered by the director of job and family services;	1890

(I) Until July 1, 1997, the department of liquor control,	1891
which shall be administered by the director of liquor control;	1892

(J) The department of public safety, which shall be	1893
administered by the director of public safety;	1894

(K) The department of mental health, which shall be	1895
administered by the director of mental health;	1896

(L) The department of ~~mental retardation and~~ developmental	1897
disabilities, which shall be administered by the director of	1898
~~mental retardation and~~ developmental disabilities;	1899

(M) The department of insurance, which shall be administered	1900
by the superintendent of insurance as director thereof;	1901

(N) The department of development, which shall be	1902
administered by the director of development;	1903

(O) The department of youth services, which shall be	1904
administered by the director of youth services;	1905

(P) The department of rehabilitation and correction, which	1906
shall be administered by the director of rehabilitation and	1907
correction;	1908

(Q) The environmental protection agency, which shall be	1909
administered by the director of environmental protection;	1910

(R) The department of aging, which shall be administered by	1911
the director of aging;	1912

(S) The department of alcohol and drug addiction services,	1913
which shall be administered by the director of alcohol and drug	1914
addiction services;	1915

(T) The department of veterans services, which shall be	1916
administered by the director of veterans services.	1917

The director of each department shall exercise the powers and	1918
perform the duties vested by law in such department.	1919

Sec. 121.03. The following administrative department heads	1920
shall be appointed by the governor, with the advice and consent of	1921
the senate, and shall hold their offices during the term of the	1922
appointing governor, and are subject to removal at the pleasure of	1923
the governor.	1924

(A) The director of budget and management;

1925

(B) The director of commerce;

1926

1927

(D) The director of agriculture;

1928

(E) The director of job and family services;

1929

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

1930

(G) The director of public safety;

1931

(H) The superintendent of insurance;

1932

(I) The director of development;

1933

(J) The tax commissioner;

1934

(K) The director of administrative services;

1935

(L) The director of natural resources;

1936

(M) The director of mental health;

1937

(N) The director of ~~mental retardation and~~ developmental	1938
disabilities;	1939

(O) The director of health;

1940

(P) The director of youth services;

1941

(Q) The director of rehabilitation and correction;

1942

(R) The director of environmental protection;

1943

(S) The director of aging;

1944

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

1945

(U) The administrator of workers' compensation who meets the	1946
qualifications required under division (A) of section 4121.121 of	1947
the Revised Code;	1948

(V) The director of veterans services who meets the	1949
qualifications required under section 5902.01 of the Revised Code.	1950

Sec. 121.32. The commission on Hispanic-Latino affairs	1951
shall:	1952

(A) Gather and disseminate information and conduct hearings,	1953
conferences, investigations, and special studies on problems and	1954
programs concerning Spanish-speaking people;	1955

(B) Secure appropriate recognition of the accomplishments and	1956
contributions of Spanish-speaking people to this state;	1957

(C) Stimulate public awareness of the problems of	1958
Spanish-speaking people by conducting a program of public	1959
education;	1960

(D) Develop, coordinate, and assist other public and private	1961
organizations that serve Spanish-speaking people, including the	1962
conducting of training programs for community leadership and	1963
service project staff;	1964

(E) Advise the governor, general assembly, and state	1965
departments and agencies of the nature, magnitude, and priorities	1966
of the problems of Spanish-speaking people;	1967

(F) Advise the governor, general assembly, and state	1968
departments and agencies on, and assist in the development and	1969
implementation of, comprehensive and coordinated policies,	1970
programs, and procedures focusing on the special problems and	1971
needs of Spanish-speaking people, especially in the fields of	1972
education, employment, energy, health, housing, welfare, and	1973
recreation;	1974

(G) Propose new programs concerning Spanish-speaking people	1975
to public and private agencies and evaluate for such agencies	1976
existing programs or prospective legislation concerning	1977
Spanish-speaking people;	1978

(H) Review and approve grants to be made from federal, state,	1979
or private funds which are administered or subcontracted by the	1980
office of Spanish-speaking affairs;	1981

(I) Review and approve the annual report prepared by the	1982
office of Spanish-speaking affairs;	1983

(J) Create an interagency council consisting of the following	1984
persons or their authorized representatives: one member of the	1985
senate appointed by the president of the senate; one member of the	1986
house of representatives appointed by the speaker of the house of	1987
representatives; the directors of administrative services,	1988
agriculture, education, development, health, highway safety, job	1989
and family services, liquor control, mental health, ~~mental~~	1990
~~retardation and~~ developmental disabilities, natural resources,	1991
rehabilitation and correction, youth services, transportation,	1992
environmental protection, and budget and management; the	1993
chairperson of the Ohio civil rights commission, the	1994
administrators of the bureau of workers' compensation and the	1995
rehabilitation services commission, and an additional member of	1996
the governor's cabinet appointed by the governor. The commission	1997
on Hispanic-Latino affairs, by rule, may designate other state	1998
officers or their representatives to be members of the council.	1999
The director of the commission shall be the chairperson of the	2000
council.	2001

The interagency council shall provide and coordinate the	2002
exchange of information relative to the needs of Spanish-speaking	2003
people and promote the delivery of state services to such people.	2004
The council shall meet at the call of the chairperson.	2005

Sec. 121.36. (A) As used in this section, "home care	2006
dependent adult" means an individual who resides in a private home	2007
or other noninstitutional and unlicensed living arrangement,	2008
without the presence of a parent or guardian, but has health and	2009
safety needs that require the provision of regularly scheduled	2010
home care services to remain in the home or other living	2011
arrangement because one of the following is the case:	2012

(1) The individual is at least twenty-one years of age but	2013
less than sixty years of age and has a physical disability or	2014
mental impairment.	2015

(2) The individual is sixty years of age or older, regardless	2016
of whether the individual has a physical disability or mental	2017
impairment.	2018

(B) Except as provided in division (D) of this section, the	2019
departments of ~~mental retardation and~~ developmental disabilities,	2020
aging, job and family services, and health shall each implement	2021
this section with respect to all contracts entered into by the	2022
department for the provision of home care services to home care	2023
dependent adults that are paid for in whole or in part with	2024
federal, state, or local funds. Except as provided in division (D)	2025
of this section, each department shall also require all public and	2026
private entities that receive money from or through the department	2027
to comply with this section when entering into contracts for the	2028
provision of home care services to home care dependent adults that	2029
are paid for in whole or in part with federal, state, or local	2030
funds. Such entities may include county boards of ~~mental~~	2031
~~retardation and~~ developmental disabilities, area agencies on	2032
aging, county departments of job and family services, and boards	2033
of health of city and general health districts.	2034

(C) Beginning one year after ~~the effective date of this~~	2035
~~section~~September 26, 2003, each contract subject to this section	2036
shall include terms requiring that the provider of home care	2037
services to home care dependent adults have a system in place that	2038
effectively monitors the delivery of the services by its	2039
employees. To be considered an effective monitoring system for	2040
purposes of the contract, the system established by a provider	2041
must include at least the following components:	2042

(1) When providing home care services to home care dependent	2043
adults who have a mental impairment or life-threatening health	2044
condition, a mechanism to verify whether the provider's employees	2045
are present at the location where the services are to be provided	2046
and at the time the services are to be provided;	2047

(2) When providing home care services to all other home care	2048
dependent adults, a system to verify at the end of each working	2049
day whether the provider's employees have provided the services at	2050
the proper location and time;	2051

(3) A protocol to be followed in scheduling a substitute	2052
employee when the monitoring system identifies that an employee	2053
has failed to provide home care services at the proper location	2054
and time, including standards for determining the length of time	2055
that may elapse without jeopardizing the health and safety of the	2056
home care dependent adult;	2057

(4) Procedures for maintaining records of the information	2058
obtained through the monitoring system;	2059

(5) Procedures for compiling annual reports of the	2060
information obtained through the monitoring system, including	2061
statistics on the rate at which home care services were provided	2062
at the proper location and time;	2063

(6) Procedures for conducting random checks of the accuracy	2064
of the monitoring system. For purposes of conducting these checks,	2065
a random check is considered to be a check of not more than five	2066
per cent of the home care visits the provider's employees make to	2067
different home care dependent adults within a particular work	2068
shift.	2069

(D) In implementing this section, the departments shall	2070
exempt providers of home care services who are self-employed	2071
providers with no other employees or are otherwise considered by	2072
the departments not to be agency providers. The departments shall	2073
conduct a study on how the exempted providers may be made subject	2074
to the requirement of effectively monitoring whether home care	2075
services are being provided and have been provided at the proper	2076
location and time. Not later than two years after ~~the effective~~	2077
~~date of this section~~September 26, 2003, the departments shall	2078
prepare a report of their findings and recommendations. The report	2079
shall be submitted to the president of the senate and the speaker	2080
of the house of representatives.	2081

(E) The departments of ~~mental retardation and~~ developmental	2082
disabilities, aging, job and family services, and health shall	2083
each adopt rules as necessary to implement this section. The rules	2084
shall be adopted in accordance with Chapter 119. of the Revised	2085
Code.	2086

Sec. 121.37. (A)(1) There is hereby created the Ohio family	2087
and children first cabinet council. The council shall be composed	2088
of the superintendent of public instruction and the directors of	2089
youth services, job and family services, mental health, health,	2090
alcohol and drug addiction services, ~~mental retardation and~~	2091
developmental disabilities, and budget and management. The	2092
chairperson of the council shall be the governor or the governor's	2093
designee and shall establish procedures for the council's internal	2094
control and management.	2095

The purpose of the cabinet council is to help families	2096
seeking government services. This section shall not be interpreted	2097
or applied to usurp the role of parents, but solely to streamline	2098
and coordinate existing government services for families seeking	2099
assistance for their children.	2100

(2) In seeking to fulfill its purpose, the council may do any	2101
of the following:	2102

(a) Advise and make recommendations to the governor and	2103
general assembly regarding the provision of services to children;	2104

(b) Advise and assess local governments on the coordination	2105
of service delivery to children;	2106

(c) Hold meetings at such times and places as may be	2107
prescribed by the council's procedures and maintain records of the	2108
meetings, except that records identifying individual children are	2109
confidential and shall be disclosed only as provided by law;	2110

(d) Develop programs and projects, including pilot projects,	2111
to encourage coordinated efforts at the state and local level to	2112
improve the state's social service delivery system;	2113

(e) Enter into contracts with and administer grants to county	2114
family and children first councils, as well as other county or	2115
multicounty organizations to plan and coordinate service delivery	2116
between state agencies and local service providers for families	2117
and children;	2118

(f) Enter into contracts with and apply for grants from	2119
federal agencies or private organizations;	2120

(g) Enter into interagency agreements to encourage	2121
coordinated efforts at the state and local level to improve the	2122
state's social service delivery system. The agreements may include	2123
provisions regarding the receipt, transfer, and expenditure of	2124
funds;	2125

(h) Identify public and private funding sources for services	2126
provided to alleged or adjudicated unruly children and children	2127
who are at risk of being alleged or adjudicated unruly children,	2128
including regulations governing access to and use of the services;	2129

(i) Collect information provided by local communities	2130
regarding successful programs for prevention, intervention, and	2131
treatment of unruly behavior, including evaluations of the	2132
programs;	2133

(j) Identify and disseminate publications regarding alleged	2134
or adjudicated unruly children and children who are at risk of	2135
being alleged or adjudicated unruly children and regarding	2136
programs serving those types of children;	2137

(k) Maintain an inventory of strategic planning facilitators	2138
for use by government or nonprofit entities that serve alleged or	2139
adjudicated unruly children or children who are at risk of being	2140
alleged or adjudicated unruly children.	2141

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

2142

(a) Reviews of service and treatment plans for children for	2143
which such reviews are requested;	2144

(b) Assistance as the council determines to be necessary to	2145
meet the needs of children referred by county family and children	2146
first councils;	2147

(c) Monitoring and supervision of a statewide, comprehensive,	2148
coordinated, multi-disciplinary, interagency system for infants	2149
and toddlers with developmental disabilities or delays and their	2150
families, as established pursuant to federal grants received and	2151
administered by the department of health for early intervention	2152
services under the "Individuals with Disabilities Education Act of	2153
2004," 20 U.S.C.A. 1400, as amended.	2154

(4) The cabinet council shall develop and implement the	2155
following:	2156

(a) An interagency process to select the indicators that will	2157
be used to measure progress toward increasing child well-being in	2158
the state and to update the indicators on an annual basis. The	2159
indicators shall focus on expectant parents and newborns thriving;	2160
infants and toddlers thriving; children being ready for school;	2161
children and youth succeeding in school; youth choosing healthy	2162
behaviors; and youth successfully transitioning into adulthood.	2163

(b) An interagency system to offer guidance and monitor	2164
progress toward increasing child well-being in the state and in	2165
each county;	2166

(c) An annual plan that identifies state-level agency efforts	2167
taken to ensure progress towards increasing child well-being in	2168
the state.	2169

On an annual basis, the cabinet council shall submit to the	2170
governor and the general assembly a report on the status of	2171
efforts to increase child well-being in the state. This report	2172
shall be made available to any other person on request.	2173

(B)(1) Each board of county commissioners shall establish a	2174
county family and children first council. The board may invite any	2175
local public or private agency or group that funds, advocates, or	2176
provides services to children and families to have a	2177
representative become a permanent or temporary member of its	2178
county council. Each county council must include the following	2179
individuals:	2180

(a) At least three individuals who are not employed by an	2181
agency represented on the council and whose families are or have	2182
received services from an agency represented on the council or	2183
another county's council. Where possible, the number of members	2184
representing families shall be equal to twenty per cent of the	2185
council's membership.	2186

(b) The director of the board of alcohol, drug addiction, and	2187
mental health services that serves the county, or, in the case of	2188
a county that has a board of alcohol and drug addiction services	2189
and a community mental health board, the directors of both boards.	2190
If a board of alcohol, drug addiction, and mental health services	2191
covers more than one county, the director may designate a person	2192
to participate on the county's council.	2193

(c) The health commissioner, or the commissioner's designee,	2194
of the board of health of each city and general health district in	2195
the county. If the county has two or more health districts, the	2196
health commissioner membership may be limited to the commissioners	2197
of the two districts with the largest populations.	2198

(d) The director of the county department of job and family	2199
services;	2200

(e) The executive director of the public children services	2201
agency;	2202

(f) The superintendent of the county board of ~~mental~~	2203
~~retardation and~~ developmental disabilities;	2204

(g) The superintendent of the city, exempted village, or	2205
local school district with the largest number of pupils residing	2206
in the county, as determined by the department of education, which	2207
shall notify each board of county commissioners of its	2208
determination at least biennially;	2209

(h) A school superintendent representing all other school	2210
districts with territory in the county, as designated at a	2211
biennial meeting of the superintendents of those districts;	2212

(i) A representative of the municipal corporation with the	2213
largest population in the county;	2214

(j) The president of the board of county commissioners or an	2215
individual designated by the board;	2216

(k) A representative of the regional office of the department	2217
of youth services;	2218

(l) A representative of the county's head start agencies, as	2219
defined in section 3301.32 of the Revised Code;	2220

(m) A representative of the county's early intervention	2221
collaborative established pursuant to the federal early	2222
intervention program operated under the "Individuals with	2223
Disabilities Education Act of 2004";	2224

(n) A representative of a local nonprofit entity that funds,	2225
advocates, or provides services to children and families.	2226

Notwithstanding any other provision of law, the public	2227
members of a county council are not prohibited from serving on the	2228
council and making decisions regarding the duties of the council,	2229
including those involving the funding of joint projects and those	2230
outlined in the county's service coordination mechanism	2231
implemented pursuant to division (C) of this section.	2232

The cabinet council shall establish a state appeals process	2233
to resolve disputes among the members of a county council	2234
concerning whether reasonable responsibilities as members are	2235
being shared. The appeals process may be accessed only by a	2236
majority vote of the council members who are required to serve on	2237
the council. Upon appeal, the cabinet council may order that state	2238
funds for services to children and families be redirected to a	2239
county's board of county commissioners.	2240

The county's juvenile court judge senior in service or	2241
another judge of the juvenile court designated by the	2242
administrative judge or, where there is no administrative judge,	2243
by the judge senior in service shall serve as the judicial advisor	2244
to the county family and children first council. The judge may	2245
advise the county council on the court's utilization of resources,	2246
services, or programs provided by the entities represented by the	2247
members of the county council and how those resources, services,	2248
or programs assist the court in its administration of justice.	2249
Service of a judge as a judicial advisor pursuant to this section	2250
is a judicial function.	2251

(2) The purpose of the county council is to streamline and	2252
coordinate existing government services for families seeking	2253
services for their children. In seeking to fulfill its purpose, a	2254
county council shall provide for the following:	2255

(a) Referrals to the cabinet council of those children for	2256
whom the county council cannot provide adequate services;	2257

(b) Development and implementation of a process that annually	2258
evaluates and prioritizes services, fills service gaps where	2259
possible, and invents new approaches to achieve better results for	2260
families and children;	2261

(c) Participation in the development of a countywide,	2262
comprehensive, coordinated, multi-disciplinary, interagency system	2263
for infants and toddlers with developmental disabilities or delays	2264
and their families, as established pursuant to federal grants	2265
received and administered by the department of health for early	2266
intervention services under the "Individuals with Disabilities	2267
Education Act of 2004";	2268

(d) Maintenance of an accountability system to monitor the	2269
county council's progress in achieving results for families and	2270
children;	2271

(e) Establishment of a mechanism to ensure ongoing input from	2272
a broad representation of families who are receiving services	2273
within the county system.	2274

(3) A county council shall develop and implement the	2275
following:	2276

(a) An interagency process to establish local indicators and	2277
monitor the county's progress toward increasing child well-being	2278
in the county;	2279

(b) An interagency process to identify local priorities to	2280
increase child well-being. The local priorities shall focus on	2281
expectant parents and newborns thriving; infants and toddlers	2282
thriving; children being ready for school; children and youth	2283
succeeding in school; youth choosing healthy behaviors; and youth	2284
successfully transitioning into adulthood and take into account	2285
the indicators established by the cabinet council under division	2286
(A)(4)(a) of this section.	2287

(c) An annual plan that identifies the county's interagency	2288
efforts to increase child well-being in the county.	2289

On an annual basis, the county council shall submit a report	2290
on the status of efforts by the county to increase child	2291
well-being in the county to the county's board of county	2292
commissioners and the cabinet council. This report shall be made	2293
available to any other person on request.	2294

(4)(a) Except as provided in division (B)(4)(b) of this	2295
section, a county council shall comply with the policies,	2296
procedures, and activities prescribed by the rules or interagency	2297
agreements of a state department participating on the cabinet	2298
council whenever the county council performs a function subject to	2299
those rules or agreements.	2300

(b) On application of a county council, the cabinet council	2301
may grant an exemption from any rules or interagency agreements of	2302
a state department participating on the council if an exemption is	2303
necessary for the council to implement an alternative program or	2304
approach for service delivery to families and children. The	2305
application shall describe the proposed program or approach and	2306
specify the rules or interagency agreements from which an	2307
exemption is necessary. The cabinet council shall approve or	2308
disapprove the application in accordance with standards and	2309
procedures it shall adopt. If an application is approved, the	2310
exemption is effective only while the program or approach is being	2311
implemented, including a reasonable period during which the	2312
program or approach is being evaluated for effectiveness.	2313

(5)(a) Each county council shall designate an administrative	2314
agent for the council from among the following public entities:	2315
the board of alcohol, drug addiction, and mental health services,	2316
including a board of alcohol and drug addiction or a community	2317
mental health board if the county is served by separate boards;	2318
the board of county commissioners; any board of health of the	2319
county's city and general health districts; the county department	2320
of job and family services; the county agency responsible for the	2321
administration of children services pursuant to section 5153.15 of	2322
the Revised Code; the county board of ~~mental retardation and~~	2323
developmental disabilities; any of the county's boards of	2324
education or governing boards of educational service centers; or	2325
the county's juvenile court. Any of the foregoing public entities,	2326
other than the board of county commissioners, may decline to serve	2327
as the council's administrative agent.	2328

A county council's administrative agent shall serve as the	2329
council's appointing authority for any employees of the council.	2330
The council shall file an annual budget with its administrative	2331
agent, with copies filed with the county auditor and with the	2332
board of county commissioners, unless the board is serving as the	2333
council's administrative agent. The council's administrative agent	2334
shall ensure that all expenditures are handled in accordance with	2335
policies, procedures, and activities prescribed by state	2336
departments in rules or interagency agreements that are applicable	2337
to the council's functions.	2338

The administrative agent of a county council shall send	2339
notice of a member's absence if a member listed in division (B)(1)	2340
of this section has been absent from either three consecutive	2341
meetings of the county council or a county council subcommittee,	2342
or from one-quarter of such meetings in a calendar year, whichever	2343
is less. The notice shall be sent to the board of county	2344
commissioners that establishes the county council and, for the	2345
members listed in divisions (B)(1)(b), (c), (e), and (l) of this	2346
section, to the governing board overseeing the respective entity;	2347
for the member listed in division (B)(1)(f) of this section, to	2348
the county board of ~~mental retardation and~~ developmental	2349
disabilities that employs the superintendent; for a member listed	2350
in division (B)(1)(g) or (h) of this section, to the school board	2351
that employs the superintendent; for the member listed in division	2352
(B)(1)(i) of this section, to the mayor of the municipal	2353
corporation; for the member listed in division (B)(1)(k) of this	2354
section, to the director of youth services; and for the member	2355
listed in division (B)(1)(n), to that member's board of trustees.	2356

The administrative agent for a county council may do any of	2357
the following on behalf of the council:	2358

(i) Enter into agreements or administer contracts with public	2359
or private entities to fulfill specific council business. Such	2360
agreements and contracts are exempt from the competitive bidding	2361
requirements of section 307.86 of the Revised Code if they have	2362
been approved by the county council and they are for the purchase	2363
of family and child welfare or child protection services or other	2364
social or job and family services for families and children. The	2365
approval of the county council is not required to exempt	2366
agreements or contracts entered into under section 5139.34,	2367
5139.41, or 5139.43 of the Revised Code from the competitive	2368
bidding requirements of section 307.86 of the Revised Code.	2369

(ii) As determined by the council, provide financial	2370
stipends, reimbursements, or both, to family representatives for	2371
expenses related to council activity;	2372

(iii) Receive by gift, grant, devise, or bequest any moneys,	2373
lands, or other property for the purposes for which the council is	2374
established. The agent shall hold, apply, and dispose of the	2375
moneys, lands, or other property according to the terms of the	2376
gift, grant, devise, or bequest. Any interest or earnings shall be	2377
treated in the same manner and are subject to the same terms as	2378
the gift, grant, devise, or bequest from which it accrues.	2379

(b)(i) If the county council designates the board of county	2380
commissioners as its administrative agent, the board may, by	2381
resolution, delegate any of its powers and duties as	2382
administrative agent to an executive committee the board	2383
establishes from the membership of the county council. The board	2384
shall name to the executive committee at least the individuals	2385
described in divisions (B)(1)(b) to (h) of this section and may	2386
appoint the president of the board or another individual as the	2387
chair of the executive committee. The executive committee must	2388
include at least one family county council representative who does	2389
not have a family member employed by an agency represented on the	2390
council.	2391

(ii) The executive committee may, with the approval of the	2392
board, hire an executive director to assist the county council in	2393
administering its powers and duties. The executive director shall	2394
serve in the unclassified civil service at the pleasure of the	2395
executive committee. The executive director may, with the approval	2396
of the executive committee, hire other employees as necessary to	2397
properly conduct the county council's business.	2398

(iii) The board may require the executive committee to submit	2399
an annual budget to the board for approval and may amend or repeal	2400
the resolution that delegated to the executive committee its	2401
authority as the county council's administrative agent.	2402

(6) Two or more county councils may enter into an agreement	2403
to administer their county councils jointly by creating a regional	2404
family and children first council. A regional council possesses	2405
the same duties and authority possessed by a county council,	2406
except that the duties and authority apply regionally rather than	2407
to individual counties. Prior to entering into an agreement to	2408
create a regional council, the members of each county council to	2409
be part of the regional council shall meet to determine whether	2410
all or part of the members of each county council will serve as	2411
members of the regional council.	2412

(7) A board of county commissioners may approve a resolution	2413
by a majority vote of the board's members that requires the county	2414
council to submit a statement to the board each time the council	2415
proposes to enter into an agreement, adopt a plan, or make a	2416
decision, other than a decision pursuant to section 121.38 of the	2417
Revised Code, that requires the expenditure of funds for two or	2418
more families. The statement shall describe the proposed	2419
agreement, plan, or decision.	2420

Not later than fifteen days after the board receives the	2421
statement, it shall, by resolution approved by a majority of its	2422
members, approve or disapprove the agreement, plan, or decision.	2423
Failure of the board to pass a resolution during that time period	2424
shall be considered approval of the agreement, plan, or decision.	2425

An agreement, plan, or decision for which a statement is	2426
required to be submitted to the board shall be implemented only if	2427
it is approved by the board.	2428

(C) Each county shall develop a county service coordination	2429
mechanism. The county service coordination mechanism shall serve	2430
as the guiding document for coordination of services in the	2431
county. For children who also receive services under the help me	2432
grow program, the service coordination mechanism shall be	2433
consistent with rules adopted by the department of health under	2434
section 3701.61 of the Revised Code. All family service	2435
coordination plans shall be developed in accordance with the	2436
county service coordination mechanism. The mechanism shall be	2437
developed and approved with the participation of the county	2438
entities representing child welfare; mental retardation and	2439
developmental disabilities; alcohol, drug addiction, and mental	2440
health services; health; juvenile judges; education; the county	2441
family and children first council; and the county early	2442
intervention collaborative established pursuant to the federal	2443
early intervention program operated under the "Individuals with	2444
Disabilities Education Act of 2004." The county shall establish an	2445
implementation schedule for the mechanism. The cabinet council may	2446
monitor the implementation and administration of each county's	2447
service coordination mechanism.	2448

Each mechanism shall include all of the following:

2449

(1) A procedure for an agency, including a juvenile court, or	2450
a family voluntarily seeking service coordination, to refer the	2451
child and family to the county council for service coordination in	2452
accordance with the mechanism;	2453

(2) A procedure ensuring that a family and all appropriate	2454
staff from involved agencies, including a representative from the	2455
appropriate school district, are notified of and invited to	2456
participate in all family service coordination plan meetings;	2457

(3) A procedure that permits a family to initiate a meeting	2458
to develop or review the family's service coordination plan and	2459
allows the family to invite a family advocate, mentor, or support	2460
person of the family's choice to participate in any such meeting;	2461

(4) A procedure for ensuring that a family service	2462
coordination plan meeting is conducted for each child who receives	2463
service coordination under the mechanism and for whom an emergency	2464
out-of-home placement has been made or for whom a nonemergency	2465
out-of-home placement is being considered. The meeting shall be	2466
conducted within ten days of an emergency out-of-home placement.	2467
The meeting shall be conducted before a nonemergency out-of-home	2468
placement. The family service coordination plan shall outline how	2469
the county council members will jointly pay for services, where	2470
applicable, and provide services in the least restrictive	2471
environment.	2472

(5) A procedure for monitoring the progress and tracking the	2473
outcomes of each service coordination plan requested in the county	2474
including monitoring and tracking children in out-of-home	2475
placements to assure continued progress, appropriateness of	2476
placement, and continuity of care after discharge from placement	2477
with appropriate arrangements for housing, treatment, and	2478
education.	2479

(6) A procedure for protecting the confidentiality of all	2480
personal family information disclosed during service coordination	2481
meetings or contained in the comprehensive family service	2482
coordination plan.	2483

(7) A procedure for assessing the needs and strengths of any	2484
child or family that has been referred to the council for service	2485
coordination, including a child whose parent or custodian is	2486
voluntarily seeking services, and for ensuring that parents and	2487
custodians are afforded the opportunity to participate;	2488

(8) A procedure for development of a family service	2489
coordination plan described in division (D) of this section;	2490

(9) A local dispute resolution process to serve as the	2491
process that must be used first to resolve disputes among the	2492
agencies represented on the county council concerning the	2493
provision of services to children, including children who are	2494
abused, neglected, dependent, unruly, alleged unruly, or	2495
delinquent children and under the jurisdiction of the juvenile	2496
court and children whose parents or custodians are voluntarily	2497
seeking services. The local dispute resolution process shall	2498
comply with sections 121.38, 121.381, and 121.382 of the Revised	2499
Code. The local dispute resolution process shall be used to	2500
resolve disputes between a child's parents or custodians and the	2501
county council regarding service coordination. The county council	2502
shall inform the parents or custodians of their right to use the	2503
dispute resolution process. Parents or custodians shall use	2504
existing local agency grievance procedures to address disputes not	2505
involving service coordination. The dispute resolution process is	2506
in addition to and does not replace other rights or procedures	2507
that parents or custodians may have under other sections of the	2508
Revised Code.	2509

The cabinet council shall adopt rules in accordance with	2510
Chapter 119. of the Revised Code establishing an administrative	2511
review process to address problems that arise concerning the	2512
operation of a local dispute resolution process.	2513

Nothing in division (C)(4) of this section shall be	2514
interpreted as overriding or affecting decisions of a juvenile	2515
court regarding an out-of-home placement, long-term placement, or	2516
emergency out-of-home placement.	2517

(D) Each county shall develop a family service coordination	2518
plan that does all of the following:	2519

(1) Designates service responsibilities among the various	2520
state and local agencies that provide services to children and	2521
their families, including children who are abused, neglected,	2522
dependent, unruly, or delinquent children and under the	2523
jurisdiction of the juvenile court and children whose parents or	2524
custodians are voluntarily seeking services;	2525

(2) Designates an individual, approved by the family, to	2526
track the progress of the family service coordination plan,	2527
schedule reviews as necessary, and facilitate the family service	2528
coordination plan meeting process;	2529

(3) Ensures that assistance and services to be provided are	2530
responsive to the strengths and needs of the family, as well as	2531
the family's culture, race, and ethnic group, by allowing the	2532
family to offer information and suggestions and participate in	2533
decisions. Identified assistance and services shall be provided in	2534
the least restrictive environment possible.	2535

(4) Includes a process for dealing with a child who is	2536
alleged to be an unruly child. The process shall include methods	2537
to divert the child from the juvenile court system;	2538

(5) Includes timelines for completion of goals specified in	2539
the plan with regular reviews scheduled to monitor progress toward	2540
those goals;	2541

(6) Includes a plan for dealing with short-term crisis	2542
situations and safety concerns.	2543

(E)(1) The process provided for under division (D)(4) of this	2544
section may include, but is not limited to, the following:	2545

(a) Designation of the person or agency to conduct the	2546
assessment of the child and the child's family as described in	2547
division (C)(7) of this section and designation of the instrument	2548
or instruments to be used to conduct the assessment;	2549

(b) An emphasis on the personal responsibilities of the child	2550
and the parental responsibilities of the parents, guardian, or	2551
custodian of the child;	2552

(c) Involvement of local law enforcement agencies and	2553
officials.	2554

(2) The method to divert a child from the juvenile court	2555
system that must be included in the service coordination process	2556
may include, but is not limited to, the following:	2557

(a) The preparation of a complaint under section 2151.27 of	2558
the Revised Code alleging that the child is an unruly child and	2559
notifying the child and the parents, guardian, or custodian that	2560
the complaint has been prepared to encourage the child and the	2561
parents, guardian, or custodian to comply with other methods to	2562
divert the child from the juvenile court system;	2563

(b) Conducting a meeting with the child, the parents,	2564
guardian, or custodian, and other interested parties to determine	2565
the appropriate methods to divert the child from the juvenile	2566
court system;	2567

(c) A method to provide to the child and the child's family a	2568
short-term respite from a short-term crisis situation involving a	2569
confrontation between the child and the parents, guardian, or	2570
custodian;	2571

(d) A program to provide a mentor to the child or the	2572
parents, guardian, or custodian;	2573

(e) A program to provide parenting education to the parents,	2574
guardian, or custodian;	2575

(f) An alternative school program for children who are truant	2576
from school, repeatedly disruptive in school, or suspended or	2577
expelled from school;	2578

(g) Other appropriate measures, including, but not limited	2579
to, any alternative methods to divert a child from the juvenile	2580
court system that are identified by the Ohio family and children	2581
first cabinet council.	2582

(F) Each county may review and revise the service	2583
coordination process described in division (D) of this section	2584
based on the availability of funds under Title IV-A of the "Social	2585
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	2586
or to the extent resources are available from any other federal,	2587
state, or local funds.	2588

Sec. 123.01. (A) The department of administrative services,	2589
in addition to those powers enumerated in Chapters 124. and 125.	2590
of the Revised Code and provided elsewhere by law, shall exercise	2591
the following powers:	2592

(1) To prepare, or contract to be prepared, by licensed	2593
engineers or architects, surveys, general and detailed plans,	2594
specifications, bills of materials, and estimates of cost for any	2595
projects, improvements, or public buildings to be constructed by	2596
state agencies that may be authorized by legislative	2597
appropriations or any other funds made available therefor,	2598
provided that the construction of the projects, improvements, or	2599
public buildings is a statutory duty of the department. This	2600
section does not require the independent employment of an	2601
architect or engineer as provided by section 153.01 of the Revised	2602
Code in the cases to which that section applies nor affect or	2603
alter the existing powers of the director of transportation.	2604

(2) To have general supervision over the construction of any	2605
projects, improvements, or public buildings constructed for a	2606
state agency and over the inspection of materials previous to	2607
their incorporation into those projects, improvements, or	2608
buildings;	2609

(3) To make contracts for and supervise the construction of	2610
any projects and improvements or the construction and repair of	2611
buildings under the control of a state agency, except contracts	2612
for the repair of buildings under the management and control of	2613
the departments of public safety, job and family services, mental	2614
health, ~~mental retardation and~~ developmental disabilities,	2615
rehabilitation and correction, and youth services, the bureau of	2616
workers' compensation, the rehabilitation services commission, and	2617
boards of trustees of educational and benevolent institutions and	2618
except contracts for the construction of projects that do not	2619
require the issuance of a building permit or the issuance of a	2620
certificate of occupancy and that are necessary to remediate	2621
conditions at a hazardous waste facility, solid waste facility, or	2622
other location at which the director of environmental protection	2623
has reason to believe there is a substantial threat to public	2624
health or safety or the environment. These contracts shall be made	2625
and entered into by the directors of public safety, job and family	2626
services, mental health, ~~mental retardation and~~ developmental	2627
disabilities, rehabilitation and correction, and youth services,	2628
the administrator of workers' compensation, the rehabilitation	2629
services commission, the boards of trustees of such institutions,	2630
and the director of environmental protection, respectively. All	2631
such contracts may be in whole or in part on unit price basis of	2632
maximum estimated cost, with payment computed and made upon actual	2633
quantities or units.	2634

(4) To prepare and suggest comprehensive plans for the	2635
development of grounds and buildings under the control of a state	2636
agency;	2637

(5) To acquire, by purchase, gift, devise, lease, or grant,	2638
all real estate required by a state agency, in the exercise of	2639
which power the department may exercise the power of eminent	2640
domain, in the manner provided by sections 163.01 to 163.22 of the	2641
Revised Code;	2642

(6) To make and provide all plans, specifications, and models	2643
for the construction and perfection of all systems of sewerage,	2644
drainage, and plumbing for the state in connection with buildings	2645
and grounds under the control of a state agency;	2646

(7) To erect, supervise, and maintain all public monuments	2647
and memorials erected by the state, except where the supervision	2648
and maintenance is otherwise provided by law;	2649

(8) To procure, by lease, storage accommodations for a state	2650
agency;	2651

(9) To lease or grant easements or licenses for unproductive	2652
and unused lands or other property under the control of a state	2653
agency. Such leases, easements, or licenses shall be granted for a	2654
period not to exceed fifteen years and shall be executed for the	2655
state by the director of administrative services and the governor	2656
and shall be approved as to form by the attorney general, provided	2657
that leases, easements, or licenses may be granted to any county,	2658
township, municipal corporation, port authority, water or sewer	2659
district, school district, library district, health district, park	2660
district, soil and water conservation district, conservancy	2661
district, or other political subdivision or taxing district, or	2662
any agency of the United States government, for the exclusive use	2663
of that agency, political subdivision, or taxing district, without	2664
any right of sublease or assignment, for a period not to exceed	2665
fifteen years, and provided that the director shall grant leases,	2666
easements, or licenses of university land for periods not to	2667
exceed twenty-five years for purposes approved by the respective	2668
university's board of trustees wherein the uses are compatible	2669
with the uses and needs of the university and may grant leases of	2670
university land for periods not to exceed forty years for purposes	2671
approved by the respective university's board of trustees pursuant	2672
to section 123.77 of the Revised Code.	2673

(10) To lease office space in buildings for the use of a	2674
state agency;	2675

(11) To have general supervision and care of the storerooms,	2676
offices, and buildings leased for the use of a state agency;	2677

(12) To exercise general custodial care of all real property	2678
of the state;	2679

(13) To assign and group together state offices in any city	2680
in the state and to establish, in cooperation with the state	2681
agencies involved, rules governing space requirements for office	2682
or storage use;	2683

(14) To lease for a period not to exceed forty years,	2684
pursuant to a contract providing for the construction thereof	2685
under a lease-purchase plan, buildings, structures, and other	2686
improvements for any public purpose, and, in conjunction	2687
therewith, to grant leases, easements, or licenses for lands under	2688
the control of a state agency for a period not to exceed forty	2689
years. The lease-purchase plan shall provide that at the end of	2690
the lease period, the buildings, structures, and related	2691
improvements, together with the land on which they are situated,	2692
shall become the property of the state without cost.	2693

(a) Whenever any building, structure, or other improvement is	2694
to be so leased by a state agency, the department shall retain	2695
either basic plans, specifications, bills of materials, and	2696
estimates of cost with sufficient detail to afford bidders all	2697
needed information or, alternatively, all of the following plans,	2698
details, bills of materials, and specifications:	2699

(i) Full and accurate plans suitable for the use of mechanics	2700
and other builders in the improvement;	2701

(ii) Details to scale and full sized, so drawn and	2702
represented as to be easily understood;	2703

(iii) Accurate bills showing the exact quantity of different	2704
kinds of material necessary to the construction;	2705

(iv) Definite and complete specifications of the work to be	2706
performed, together with such directions as will enable a	2707
competent mechanic or other builder to carry them out and afford	2708
bidders all needed information;	2709

(v) A full and accurate estimate of each item of expense and	2710
of the aggregate cost thereof.	2711

(b) The department shall give public notice, in such	2712
newspaper, in such form, and with such phraseology as the director	2713
of administrative services prescribes, published once each week	2714
for four consecutive weeks, of the time when and place where bids	2715
will be received for entering into an agreement to lease to a	2716
state agency a building, structure, or other improvement. The last	2717
publication shall be at least eight days preceding the day for	2718
opening the bids. The bids shall contain the terms upon which the	2719
builder would propose to lease the building, structure, or other	2720
improvement to the state agency. The form of the bid approved by	2721
the department shall be used, and a bid is invalid and shall not	2722
be considered unless that form is used without change, alteration,	2723
or addition. Before submitting bids pursuant to this section, any	2724
builder shall comply with Chapter 153. of the Revised Code.	2725

(c) On the day and at the place named for receiving bids for	2726
entering into lease agreements with a state agency, the director	2727
of administrative services shall open the bids and shall publicly	2728
proceed immediately to tabulate the bids upon duplicate sheets. No	2729
lease agreement shall be entered into until the bureau of workers'	2730
compensation has certified that the person to be awarded the lease	2731
agreement has complied with Chapter 4123. of the Revised Code,	2732
until, if the builder submitting the lowest and best bid is a	2733
foreign corporation, the secretary of state has certified that the	2734
corporation is authorized to do business in this state, until, if	2735
the builder submitting the lowest and best bid is a person	2736
nonresident of this state, the person has filed with the secretary	2737
of state a power of attorney designating the secretary of state as	2738
its agent for the purpose of accepting service of summons in any	2739
action brought under Chapter 4123. of the Revised Code, and until	2740
the agreement is submitted to the attorney general and the	2741
attorney general's approval is certified thereon. Within thirty	2742
days after the day on which the bids are received, the department	2743
shall investigate the bids received and shall determine that the	2744
bureau and the secretary of state have made the certifications	2745
required by this section of the builder who has submitted the	2746
lowest and best bid. Within ten days of the completion of the	2747
investigation of the bids, the department shall award the lease	2748
agreement to the builder who has submitted the lowest and best bid	2749
and who has been certified by the bureau and secretary of state as	2750
required by this section. If bidding for the lease agreement has	2751
been conducted upon the basis of basic plans, specifications,	2752
bills of materials, and estimates of costs, upon the award to the	2753
builder the department, or the builder with the approval of the	2754
department, shall appoint an architect or engineer licensed in	2755
this state to prepare such further detailed plans, specifications,	2756
and bills of materials as are required to construct the building,	2757
structure, or improvement. The department shall adopt such rules	2758
as are necessary to give effect to this section. The department	2759
may reject any bid. Where there is reason to believe there is	2760
collusion or combination among bidders, the bids of those	2761
concerned therein shall be rejected.	2762

(15) To acquire by purchase, gift, devise, or grant and to	2763
transfer, lease, or otherwise dispose of all real property	2764
required to assist in the development of a conversion facility as	2765
defined in section 5709.30 of the Revised Code as that section	2766
existed before its repeal by Amended Substitute House Bill 95 of	2767
the 125th general assembly;	2768

(16) To lease for a period not to exceed forty years,	2769
notwithstanding any other division of this section, the	2770
state-owned property located at 408-450 East Town Street,	2771
Columbus, Ohio, formerly the state school for the deaf, to a	2772
developer in accordance with this section. "Developer," as used in	2773
this section, has the same meaning as in section 123.77 of the	2774
Revised Code.	2775

Such a lease shall be for the purpose of development of the	2776
land for use by senior citizens by constructing, altering,	2777
renovating, repairing, expanding, and improving the site as it	2778
existed on June 25, 1982. A developer desiring to lease the land	2779
shall prepare for submission to the department a plan for	2780
development. Plans shall include provisions for roads, sewers,	2781
water lines, waste disposal, water supply, and similar matters to	2782
meet the requirements of state and local laws. The plans shall	2783
also include provision for protection of the property by insurance	2784
or otherwise, and plans for financing the development, and shall	2785
set forth details of the developer's financial responsibility.	2786

The department may employ, as employees or consultants,	2787
persons needed to assist in reviewing the development plans. Those	2788
persons may include attorneys, financial experts, engineers, and	2789
other necessary experts. The department shall review the	2790
development plans and may enter into a lease if it finds all of	2791
the following:	2792

(a) The best interests of the state will be promoted by	2793
entering into a lease with the developer;	2794

(b) The development plans are satisfactory;

2795

(c) The developer has established the developer's financial	2796
responsibility and satisfactory plans for financing the	2797
development.	2798

The lease shall contain a provision that construction or	2799
renovation of the buildings, roads, structures, and other	2800
necessary facilities shall begin within one year after the date of	2801
the lease and shall proceed according to a schedule agreed to	2802
between the department and the developer or the lease will be	2803
terminated. The lease shall contain such conditions and	2804
stipulations as the director considers necessary to preserve the	2805
best interest of the state. Moneys received by the state pursuant	2806
to this lease shall be paid into the general revenue fund. The	2807
lease shall provide that at the end of the lease period the	2808
buildings, structures, and related improvements shall become the	2809
property of the state without cost.	2810

(17) To lease to any person any tract of land owned by the	2811
state and under the control of the department, or any part of such	2812
a tract, for the purpose of drilling for or the pooling of oil or	2813
gas. Such a lease shall be granted for a period not exceeding	2814
forty years, with the full power to contract for, determine the	2815
conditions governing, and specify the amount the state shall	2816
receive for the purposes specified in the lease, and shall be	2817
prepared as in other cases.	2818

(18) To manage the use of space owned and controlled by the	2819
department, including space in property under the jurisdiction of	2820
the Ohio building authority, by doing all of the following:	2821

(a) Biennially implementing, by state agency location, a	2822
census of agency employees assigned space;	2823

(b) Periodically in the discretion of the director of	2824
administrative services:	2825

(i) Requiring each state agency to categorize the use of	2826
space allotted to the agency between office space, common areas,	2827
storage space, and other uses, and to report its findings to the	2828
department;	2829

(ii) Creating and updating a master space utilization plan	2830
for all space allotted to state agencies. The plan shall	2831
incorporate space utilization metrics.	2832

(iii) Conducting a cost-benefit analysis to determine the	2833
effectiveness of state-owned buildings;	2834

(iv) Assessing the alternatives associated with consolidating	2835
the commercial leases for buildings located in Columbus.	2836

(c) Commissioning a comprehensive space utilization and	2837
capacity study in order to determine the feasibility of	2838
consolidating existing commercially leased space used by state	2839
agencies into a new state-owned facility.	2840

(B) This section and section 125.02 of the Revised Code shall	2841
not interfere with any of the following:	2842

(1) The power of the adjutant general to purchase military	2843
supplies, or with the custody of the adjutant general of property	2844
leased, purchased, or constructed by the state and used for	2845
military purposes, or with the functions of the adjutant general	2846
as director of state armories;	2847

(2) The power of the director of transportation in acquiring	2848
rights-of-way for the state highway system, or the leasing of	2849
lands for division or resident district offices, or the leasing of	2850
lands or buildings required in the maintenance operations of the	2851
department of transportation, or the purchase of real property for	2852
garage sites or division or resident district offices, or in	2853
preparing plans and specifications for and constructing such	2854
buildings as the director may require in the administration of the	2855
department;	2856

(3) The power of the director of public safety and the	2857
registrar of motor vehicles to purchase or lease real property and	2858
buildings to be used solely as locations to which a deputy	2859
registrar is assigned pursuant to division (B) of section 4507.011	2860
of the Revised Code and from which the deputy registrar is to	2861
conduct the deputy registrar's business, the power of the director	2862
of public safety to purchase or lease real property and buildings	2863
to be used as locations for division or district offices as	2864
required in the maintenance of operations of the department of	2865
public safety, and the power of the superintendent of the state	2866
highway patrol in the purchase or leasing of real property and	2867
buildings needed by the patrol, to negotiate the sale of real	2868
property owned by the patrol, to rent or lease real property owned	2869
or leased by the patrol, and to make or cause to be made repairs	2870
to all property owned or under the control of the patrol;	2871

(4) The power of the division of liquor control in the	2872
leasing or purchasing of retail outlets and warehouse facilities	2873
for the use of the division;	2874

(5) The power of the director of development to enter into	2875
leases of real property, buildings, and office space to be used	2876
solely as locations for the state's foreign offices to carry out	2877
the purposes of section 122.05 of the Revised Code;	2878

(6) The power of the director of environmental protection to	2879
enter into environmental covenants, to grant and accept easements,	2880
or to sell property pursuant to division (G) of section 3745.01 of	2881
the Revised Code.	2882

(C) Purchases for, and the custody and repair of, buildings	2883
under the management and control of the capitol square review and	2884
advisory board, the rehabilitation services commission, the bureau	2885
of workers' compensation, or the departments of public safety, job	2886
and family services, mental health, ~~mental retardation and~~	2887
developmental disabilities, and rehabilitation and correction, and	2888
buildings of educational and benevolent institutions under the	2889
management and control of boards of trustees, are not subject to	2890
the control and jurisdiction of the department of administrative	2891
services.	2892

(D) Any instrument by which real property is acquired	2893
pursuant to this section shall identify the agency of the state	2894
that has the use and benefit of the real property as specified in	2895
section 5301.012 of the Revised Code.	2896

Sec. 124.11. The civil service of the state and the several	2897
counties, cities, civil service townships, city health districts,	2898
general health districts, and city school districts of the state	2899
shall be divided into the unclassified service and the classified	2900
service.	2901

(A) The unclassified service shall comprise the following	2902
positions, which shall not be included in the classified service,	2903
and which shall be exempt from all examinations required by this	2904
chapter:	2905

(1) All officers elected by popular vote or persons appointed	2906
to fill vacancies in those offices;	2907

(2) All election officers as defined in section 3501.01 of	2908
the Revised Code;	2909

(3)(a) The members of all boards and commissions, and heads	2910
of principal departments, boards, and commissions appointed by the	2911
governor or by and with the governor's consent;	2912

(b) The heads of all departments appointed by a board of	2913
county commissioners;	2914

(c) The members of all boards and commissions and all heads	2915
of departments appointed by the mayor, or, if there is no mayor,	2916
such other similar chief appointing authority of any city or city	2917
school district;	2918

Except as otherwise provided in division (A)(17) or (C) of	2919
this section, this chapter does not exempt the chiefs of police	2920
departments and chiefs of fire departments of cities or civil	2921
service townships from the competitive classified service.	2922

(4) The members of county or district licensing boards or	2923
commissions and boards of revision, and not more than five deputy	2924
county auditors;	2925

(5) All officers and employees elected or appointed by either	2926
or both branches of the general assembly, and employees of the	2927
city legislative authority engaged in legislative duties;	2928

(6) All commissioned, warrant, and noncommissioned officers	2929
and enlisted persons in the Ohio organized militia, including	2930
military appointees in the adjutant general's department;	2931

(7)(a) All presidents, business managers, administrative	2932
officers, superintendents, assistant superintendents, principals,	2933
deans, assistant deans, instructors, teachers, and such employees	2934
as are engaged in educational or research duties connected with	2935
the public school system, colleges, and universities, as	2936
determined by the governing body of the public school system,	2937
colleges, and universities;	2938

(b) The library staff of any library in the state supported	2939
wholly or in part at public expense.	2940

(8) Four clerical and administrative support employees for	2941
each of the elective state officers, four clerical and	2942
administrative support employees for each board of county	2943
commissioners and one such employee for each county commissioner,	2944
and four clerical and administrative support employees for other	2945
elective officers and each of the principal appointive executive	2946
officers, boards, or commissions, except for civil service	2947
commissions, that are authorized to appoint such clerical and	2948
administrative support employees;	2949

(9) The deputies and assistants of state agencies authorized	2950
to act for and on behalf of the agency, or holding a fiduciary or	2951
administrative relation to that agency and those persons employed	2952
by and directly responsible to elected county officials or a	2953
county administrator and holding a fiduciary or administrative	2954
relationship to such elected county officials or county	2955
administrator, and the employees of such county officials whose	2956
fitness would be impracticable to determine by competitive	2957
examination, provided that division (A)(9) of this section shall	2958
not affect those persons in county employment in the classified	2959
service as of September 19, 1961. Nothing in division (A)(9) of	2960
this section applies to any position in a county department of job	2961
and family services created pursuant to Chapter 329. of the	2962
Revised Code.	2963

(10) Bailiffs, constables, official stenographers, and	2964
commissioners of courts of record, deputies of clerks of the	2965
courts of common pleas who supervise or who handle public moneys	2966
or secured documents, and such officers and employees of courts of	2967
record and such deputies of clerks of the courts of common pleas	2968
as the director of administrative services finds it impracticable	2969
to determine their fitness by competitive examination;	2970

(11) Assistants to the attorney general, special counsel	2971
appointed or employed by the attorney general, assistants to	2972
county prosecuting attorneys, and assistants to city directors of	2973
law;	2974

(12) Such teachers and employees in the agricultural	2975
experiment stations; such students in normal schools, colleges,	2976
and universities of the state who are employed by the state or a	2977
political subdivision of the state in student or intern	2978
classifications; and such unskilled labor positions as the	2979
director of administrative services or any municipal civil service	2980
commission may find it impracticable to include in the competitive	2981
classified service; provided such exemptions shall be by order of	2982
the commission or the director, duly entered on the record of the	2983
commission or the director with the reasons for each such	2984
exemption;	2985

(13) Any physician or dentist who is a full-time employee of	2986
the department of mental health, the department of ~~mental~~	2987
~~retardation and~~ developmental disabilities, or an institution	2988
under the jurisdiction of either department; and physicians who	2989
are in residency programs at the institutions;	2990

(14) Up to twenty positions at each institution under the	2991
jurisdiction of the department of mental health or the department	2992
of ~~mental retardation and~~ developmental disabilities that the	2993
department director determines to be primarily administrative or	2994
managerial; and up to fifteen positions in any division of either	2995
department, excluding administrative assistants to the director	2996
and division chiefs, which are within the immediate staff of a	2997
division chief and which the director determines to be primarily	2998
and distinctively administrative and managerial;	2999

(15) Noncitizens of the United States employed by the state,	3000
or its counties or cities, as physicians or nurses who are duly	3001
licensed to practice their respective professions under the laws	3002
of this state, or medical assistants, in mental or chronic disease	3003
hospitals, or institutions;	3004

(16) Employees of the governor's office;

3005

(17) Fire chiefs and chiefs of police in civil service	3006
townships appointed by boards of township trustees under section	3007
505.38 or 505.49 of the Revised Code;	3008

(18) Executive directors, deputy directors, and program	3009
directors employed by boards of alcohol, drug addiction, and	3010
mental health services under Chapter 340. of the Revised Code, and	3011
secretaries of the executive directors, deputy directors, and	3012
program directors;	3013

(19) Superintendents, and management employees as defined in	3014
section 5126.20 of the Revised Code, of county boards of ~~mental~~	3015
~~retardation and~~ developmental disabilities;	3016

(20) Physicians, nurses, and other employees of a county	3017
hospital who are appointed pursuant to sections 339.03 and 339.06	3018
of the Revised Code;	3019

(21) The executive director of the state medical board, who	3020
is appointed pursuant to division (B) of section 4731.05 of the	3021
Revised Code;	3022

(22) County directors of job and family services as provided	3023
in section 329.02 of the Revised Code and administrators appointed	3024
under section 329.021 of the Revised Code;	3025

(23) A director of economic development who is hired pursuant	3026
to division (A) of section 307.07 of the Revised Code;	3027

(24) Chiefs of construction and compliance, of operations and	3028
maintenance, and of licensing and certification in the division of	3029
industrial compliance in the department of commerce;	3030

(25) The executive director of a county transit system	3031
appointed under division (A) of section 306.04 of the Revised	3032
Code;	3033

(26) Up to five positions at each of the administrative	3034
departments listed in section 121.02 of the Revised Code and at	3035
the department of taxation, department of the adjutant general,	3036
department of education, Ohio board of regents, bureau of workers'	3037
compensation, industrial commission, state lottery commission, and	3038
public utilities commission of Ohio that the head of that	3039
administrative department or of that other state agency determines	3040
to be involved in policy development and implementation. The head	3041
of the administrative department or other state agency shall set	3042
the compensation for employees in these positions at a rate that	3043
is not less than the minimum compensation specified in pay range	3044
41 but not more than the maximum compensation specified in pay	3045
range 44 of salary schedule E-2 in section 124.152 of the Revised	3046
Code. The authority to establish positions in the unclassified	3047
service under division (A)(26) of this section is in addition to	3048
and does not limit any other authority that an administrative	3049
department or state agency has under the Revised Code to establish	3050
positions, appoint employees, or set compensation.	3051

(27) Employees of the department of agriculture employed	3052
under section 901.09 of the Revised Code;	3053

(28) For cities, counties, civil service townships, city	3054
health districts, general health districts, and city school	3055
districts, the deputies and assistants of elective or principal	3056
executive officers authorized to act for and in the place of their	3057
principals or holding a fiduciary relation to their principals;	3058

(29) Employees who receive intermittent or temporary	3059
appointments under division (B) of section 124.30 of the Revised	3060
Code;	3061

(30) Employees appointed to administrative staff positions	3062
for which an appointing authority is given specific statutory	3063
authority to set compensation;	3064

(31) Employees appointed to highway patrol cadet or highway	3065
patrol cadet candidate classifications;	3066

(32) Employees placed in the unclassified service by another	3067
section of the Revised Code.	3068

(B) The classified service shall comprise all persons in the	3069
employ of the state and the several counties, cities, city health	3070
districts, general health districts, and city school districts of	3071
the state, not specifically included in the unclassified service.	3072
Upon the creation by the board of trustees of a civil service	3073
township civil service commission, the classified service shall	3074
also comprise, except as otherwise provided in division (A)(17) or	3075
(C) of this section, all persons in the employ of a civil service	3076
township police or fire department having ten or more full-time	3077
paid employees. The classified service consists of two classes,	3078
which shall be designated as the competitive class and the	3079
unskilled labor class.	3080

(1) The competitive class shall include all positions and	3081
employments in the state and the counties, cities, city health	3082
districts, general health districts, and city school districts of	3083
the state, and, upon the creation by the board of trustees of a	3084
civil service township of a township civil service commission, all	3085
positions in a civil service township police or fire department	3086
having ten or more full-time paid employees, for which it is	3087
practicable to determine the merit and fitness of applicants by	3088
competitive examinations. Appointments shall be made to, or	3089
employment shall be given in, all positions in the competitive	3090
class that are not filled by promotion, reinstatement, transfer,	3091
or reduction, as provided in this chapter, and the rules of the	3092
director of administrative services, by appointment from those	3093
certified to the appointing officer in accordance with this	3094
chapter.	3095

(2) The unskilled labor class shall include ordinary	3096
unskilled laborers. Vacancies in the labor class for positions in	3097
service of the state shall be filled by appointment from lists of	3098
applicants registered by the director. Vacancies in the labor	3099
class for all other positions shall be filled by appointment from	3100
lists of applicants registered by a commission. The director or	3101
the commission, as applicable, by rule, shall require an applicant	3102
for registration in the labor class to furnish evidence or take	3103
tests as the director or commission considers proper with respect	3104
to age, residence, physical condition, ability to labor, honesty,	3105
sobriety, industry, capacity, and experience in the work or	3106
employment for which application is made. Laborers who fulfill the	3107
requirements shall be placed on the eligible list for the kind of	3108
labor or employment sought, and preference shall be given in	3109
employment in accordance with the rating received from that	3110
evidence or in those tests. Upon the request of an appointing	3111
officer, stating the kind of labor needed, the pay and probable	3112
length of employment, and the number to be employed, the director	3113
or commission, as applicable, shall certify from the highest on	3114
the list double the number to be employed; from this number, the	3115
appointing officer shall appoint the number actually needed for	3116
the particular work. If more than one applicant receives the same	3117
rating, priority in time of application shall determine the order	3118
in which their names shall be certified for appointment.	3119

(C) A municipal or civil service township civil service	3120
commission may place volunteer firefighters who are paid on a	3121
fee-for-service basis in either the classified or the unclassified	3122
civil service.	3123

(D) This division does not apply to persons in the	3124
unclassified service who have the right to resume positions in the	3125
classified service under sections 4121.121, 5119.071, 5120.38,	3126
5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the Revised	3127
Code.	3128

An appointing authority whose employees are paid directly by	3129
warrant of the director of budget and management may appoint a	3130
person who holds a certified position in the classified service	3131
within the appointing authority's agency to a position in the	3132
unclassified service within that agency. A person appointed	3133
pursuant to this division to a position in the unclassified	3134
service shall retain the right to resume the position and status	3135
held by the person in the classified service immediately prior to	3136
the person's appointment to the position in the unclassified	3137
service, regardless of the number of positions the person held in	3138
the unclassified service. An employee's right to resume a position	3139
in the classified service may only be exercised when an appointing	3140
authority demotes the employee to a pay range lower than the	3141
employee's current pay range or revokes the employee's appointment	3142
to the unclassified service. An employee forfeits the right to	3143
resume a position in the classified service when the employee is	3144
removed from the position in the unclassified service due to	3145
incompetence, inefficiency, dishonesty, drunkenness, immoral	3146
conduct, insubordination, discourteous treatment of the public,	3147
neglect of duty, violation of this chapter or the rules of the	3148
director of administrative services, any other failure of good	3149
behavior, any other acts of misfeasance, malfeasance, or	3150
nonfeasance in office, or conviction of a felony. An employee also	3151
forfeits the right to resume a position in the classified service	3152
upon transfer to a different agency.	3153

Reinstatement to a position in the classified service shall	3154
be to a position substantially equal to that position in the	3155
classified service held previously, as certified by the director	3156
of administrative services. If the position the person previously	3157
held in the classified service has been placed in the unclassified	3158
service or is otherwise unavailable, the person shall be appointed	3159
to a position in the classified service within the appointing	3160
authority's agency that the director of administrative services	3161
certifies is comparable in compensation to the position the person	3162
previously held in the classified service. Service in the position	3163
in the unclassified service shall be counted as service in the	3164
position in the classified service held by the person immediately	3165
prior to the person's appointment to the position in the	3166
unclassified service. When a person is reinstated to a position in	3167
the classified service as provided in this division, the person is	3168
entitled to all rights, status, and benefits accruing to the	3169
position in the classified service during the person's time of	3170
service in the position in the unclassified service.	3171

Sec. 124.23. (A) All applicants for positions and places in	3172
the classified service shall be subject to examination, except for	3173
applicants for positions as professional or certified service and	3174
paraprofessional employees of county boards of ~~mental retardation~~	3175
~~and~~ developmental disabilities, who shall be hired in the manner	3176
provided in section 124.241 of the Revised Code.	3177

(B) Any examination administered under this section shall be	3178
public and be open to all citizens of the United States and those	3179
persons who have legally declared their intentions of becoming	3180
United States citizens, within certain limitations to be	3181
determined by the director of administrative services as to	3182
citizenship, age, experience, education, health, habit, and moral	3183
character. Any person who has completed service in the uniformed	3184
services, who has been honorably discharged from the uniformed	3185
services or transferred to the reserve with evidence of	3186
satisfactory service, and who is a resident of this state and any	3187
member of the national guard or a reserve component of the armed	3188
forces of the United States who has completed more than one	3189
hundred eighty days of active duty service pursuant to an	3190
executive order of the president of the United States or an act of	3191
the congress of the United States may file with the director a	3192
certificate of service or honorable discharge, and, upon this	3193
filing, the person shall receive additional credit of twenty per	3194
cent of the person's total grade given in the regular examination	3195
in which the person receives a passing grade.	3196

As used in this division, "service in the uniformed services"	3197
and "uniformed services" have the same meanings as in the	3198
"Uniformed Services Employment and Reemployment Rights Act of	3199
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.	3200

(C) An examination may include an evaluation of such factors	3201
as education, training, capacity, knowledge, manual dexterity, and	3202
physical or psychological fitness. An examination shall consist of	3203
one or more tests in any combination. Tests may be written, oral,	3204
physical, demonstration of skill, or an evaluation of training and	3205
experiences and shall be designed to fairly test the relative	3206
capacity of the persons examined to discharge the particular	3207
duties of the position for which appointment is sought. Tests may	3208
include structured interviews, assessment centers, work	3209
simulations, examinations of knowledge, skills, and abilities, and	3210
any other acceptable testing methods. If minimum or maximum	3211
requirements are established for any examination, they shall be	3212
specified in the examination announcement.	3213

(D) The director of administrative services shall have	3214
control of all examinations, except as otherwise provided in	3215
sections 124.01 to 124.64 of the Revised Code. No questions in any	3216
examination shall relate to political or religious opinions or	3217
affiliations. No credit for seniority, efficiency, or any other	3218
reason shall be added to an applicant's examination grade unless	3219
the applicant achieves at least the minimum passing grade on the	3220
examination without counting that extra credit.	3221

(E) Except as otherwise provided in sections 124.01 to 124.64	3222
of the Revised Code, the director of administrative services shall	3223
give reasonable notice of the time, place, and general scope of	3224
every competitive examination for appointment to a position in the	3225
civil service. The director shall send written, printed, or	3226
electronic notices of every examination to be conducted in the	3227
state classified service to each agency of the type the director	3228
of job and family services specifies and, in the case of a county	3229
in which no such agency is located, to the clerk of the court of	3230
common pleas of that county and to the clerk of each city located	3231
within that county. Those notices shall be posted in conspicuous	3232
public places in the designated agencies or the courthouse, and	3233
city hall of the cities, of the counties in which no designated	3234
agency is located for at least two weeks preceding any examination	3235
involved, and in a conspicuous place in the office of the director	3236
of administrative services for at least two weeks preceding any	3237
examination involved. In case of examinations limited by the	3238
director to a district, county, city, or department, the director	3239
shall provide by rule for adequate publicity of an examination in	3240
the district, county, city, or department within which competition	3241
is permitted.	3242

Sec. 124.241. As used in this section, "professional	3243
employee" has the same meaning as in section 5126.20 of the	3244
Revised Code and "registered service employee" means a service	3245
employee, as defined in section 5126.20 of the Revised Code, who	3246
is registered under section 5126.25 of the Revised Code.	3247

County boards of ~~mental retardation and~~ developmental	3248
disabilities may hire professional employees and registered	3249
service employees in the classified service on the basis of the	3250
candidates' qualifications rather than on the basis of the results	3251
of an examination administered by the director of administrative	3252
services pursuant to section 124.23 of the Revised Code.	3253

Sec. 124.27. (A) The head of a department, office, or	3254
institution, in which a position in the classified service is to	3255
be filled, shall notify the director of administrative services of	3256
the fact, and the director shall, except as otherwise provided in	3257
this section and sections 124.30 and 124.31 of the Revised Code,	3258
certify to the appointing authority the names and addresses of the	3259
ten candidates standing highest on the eligible list for the class	3260
or grade to which the position belongs, except that the director	3261
may certify less than ten names if ten names are not available.	3262
When less than ten names are certified to an appointing authority,	3263
appointment from that list shall not be mandatory. When a position	3264
in the classified service in the department of mental health or	3265
the department of ~~mental retardation and~~ developmental	3266
disabilities is to be filled, the director of administrative	3267
services shall make such certification to the appointing authority	3268
within seven working days of the date the eligible list is	3269
requested.	3270

(B) The appointing authority shall notify the director of a	3271
position in the classified service to be filled, and the	3272
appointing authority shall fill the vacant position by appointment	3273
of one of the ten persons certified by the director. If more than	3274
one position is to be filled, the director may certify a group of	3275
names from the eligible list, and the appointing authority shall	3276
appoint in the following manner: beginning at the top of the list,	3277
each time a selection is made, it must be from one of the first	3278
ten candidates remaining on the list who is willing to accept	3279
consideration for the position. If an eligible list becomes	3280
exhausted, and until a new list can be created, or when no	3281
eligible list for a position exists, names may be certified from	3282
eligible lists most appropriate for the group or class in which	3283
the position to be filled is classified. A person who is certified	3284
from an eligible list more than three times to the same appointing	3285
authority for the same or similar positions may be omitted from	3286
future certification to that appointing authority, provided that	3287
certification for a temporary appointment shall not be counted as	3288
one of those certifications. Every person who qualifies for	3289
veteran's preference under section 124.23 of the Revised Code, who	3290
is a resident of this state, and whose name is on the eligible	3291
list for a position shall be entitled to preference in original	3292
appointments to any such competitive position in the civil service	3293
of the state and its civil divisions over all other persons	3294
eligible for those appointments and standing on the relevant	3295
eligible list with a rating equal to that of the person qualifying	3296
for veteran's preference. Appointments to all positions in the	3297
classified service, that are not filled by promotion, transfer, or	3298
reduction, as provided in sections 124.01 to 124.64 of the Revised	3299
Code and the rules of the director prescribed under those	3300
sections, shall be made only from those persons whose names are	3301
certified to the appointing authority, and no employment, except	3302
as provided in those sections, shall be otherwise given in the	3303
classified service of this state or any political subdivision of	3304
the state.	3305

(C) All original and promotional appointments, including	3306
appointments made pursuant to section 124.30 of the Revised Code,	3307
shall be for a probationary period, not less than sixty days nor	3308
more than one year, to be fixed by the rules of the director,	3309
except as provided in section 124.231 of the Revised Code, and	3310
except for original appointments to a police department as a	3311
police officer or to a fire department as a firefighter which	3312
shall be for a probationary period of one year. No appointment or	3313
promotion is final until the appointee has satisfactorily served	3314
the probationary period. If the service of the probationary	3315
employee is unsatisfactory, the employee may be removed or reduced	3316
at any time during the probationary period. If the appointing	3317
authority decides to remove a probationary employee in the service	3318
of the state, the appointing authority shall communicate to the	3319
director the reason for that decision. A probationary employee	3320
duly removed or reduced in position for unsatisfactory service	3321
does not have the right to appeal the removal or reduction under	3322
section 124.34 of the Revised Code.	3323

Sec. 124.38. Each of the following shall be entitled for	3324
each completed eighty hours of service to sick leave of four and	3325
six-tenths hours with pay:	3326

(A) Employees in the various offices of the county,	3327
municipal, and civil service township service, other than	3328
superintendents and management employees, as defined in section	3329
5126.20 of the Revised Code, of county boards of ~~mental~~	3330
~~retardation and~~ developmental disabilities;	3331

(B) Employees of any state college or university;

3332

(C) Employees of any board of education for whom sick leave	3333
is not provided by section 3319.141 of the Revised Code.	3334

Employees may use sick leave, upon approval of the	3335
responsible administrative officer of the employing unit, for	3336
absence due to personal illness, pregnancy, injury, exposure to	3337
contagious disease that could be communicated to other employees,	3338
and illness, injury, or death in the employee's immediate family.	3339
Unused sick leave shall be cumulative without limit. When sick	3340
leave is used, it shall be deducted from the employee's credit on	3341
the basis of one hour for every one hour of absence from	3342
previously scheduled work.	3343

The previously accumulated sick leave of an employee who has	3344
been separated from the public service shall be placed to the	3345
employee's credit upon the employee's re-employment in the public	3346
service, provided that the re-employment takes place within ten	3347
years of the date on which the employee was last terminated from	3348
public service. This ten-year period shall be tolled for any	3349
period during which the employee holds elective public office,	3350
whether by election or by appointment.	3351

An employee who transfers from one public agency to another	3352
shall be credited with the unused balance of the employee's	3353
accumulated sick leave up to the maximum of the sick leave	3354
accumulation permitted in the public agency to which the employee	3355
transfers.	3356

The appointing authorities of the various offices of the	3357
county service may permit all or any part of a person's accrued	3358
but unused sick leave acquired during service with any regional	3359
council of government established in accordance with Chapter 167.	3360
of the Revised Code to be credited to the employee upon a transfer	3361
as if the employee were transferring from one public agency to	3362
another under this section.	3363

The appointing authority of each employing unit shall require	3364
an employee to furnish a satisfactory written, signed statement to	3365
justify the use of sick leave. If medical attention is required, a	3366
certificate stating the nature of the illness from a licensed	3367
physician shall be required to justify the use of sick leave.	3368
Falsification of either a written, signed statement or a	3369
physician's certificate shall be grounds for disciplinary action,	3370
including dismissal.	3371

This section does not interfere with existing unused sick	3372
leave credit in any agency of government where attendance records	3373
are maintained and credit has been given employees for unused sick	3374
leave.	3375

Notwithstanding this section or any other section of the	3376
Revised Code, any appointing authority of a county office,	3377
department, commission, board, or body may, upon notification to	3378
the board of county commissioners, establish alternative schedules	3379
of sick leave for employees of the appointing authority for whom	3380
the state employment relations board has not established an	3381
appropriate bargaining unit pursuant to section 4117.06 of the	3382
Revised Code, as long as the alternative schedules are not	3383
inconsistent with the provisions of at least one collective	3384
bargaining agreement covering other employees of that appointing	3385
authority, if such a collective bargaining agreement exists. If no	3386
such collective bargaining agreement exists, an appointing	3387
authority may, upon notification to the board of county	3388
commissioners, establish an alternative schedule of sick leave for	3389
its employees that does not diminish the sick leave benefits	3390
granted by this section.	3391

Sec. 124.381. Each employee of the department of	3392
rehabilitation and correction, the department of mental health,	3393
the department of ~~mental retardation and~~ developmental	3394
disabilities, the Ohio veteran's home agency, or the Ohio schools	3395
for the deaf and blind, and each employee of the department of	3396
youth services as established in division (A) of section 124.14 of	3397
the Revised Code who suffers bodily injury inflicted by an inmate,	3398
patient, client, youth, or student in the facilities of these	3399
agencies during the time the employee is lawfully carrying out the	3400
assigned duties of the employee's position shall be paid the	3401
employee's total rate of pay during the period the employee is	3402
disabled as a result of that injury, but in no case to exceed one	3403
hundred twenty work days, in lieu of workers' compensation. Pay	3404
made according to this section shall not be charged to the	3405
employee's accumulation of sick leave credit.	3406

The director of administrative services shall adopt rules for	3407
the administration of the occupational injury leave program. The	3408
rules shall include, but not be limited to, provisions for	3409
determining a disability, for filing a claim for leave under this	3410
section, and for allowing or denying claims for the leave.	3411

During the time an employee is receiving injury compensation	3412
as provided in this section, the employee shall be exempt from the	3413
accumulation of vacation leave credit under section 124.134 of the	3414
Revised Code but shall continue to receive sick leave credit and	3415
personal leave credit under sections 124.382 and 124.386 of the	3416
Revised Code.	3417

In any case when an employee's disability, as covered by this	3418
section, extends beyond one hundred twenty work days, the employee	3419
shall immediately become subject to sections 124.382 and 124.385	3420
of the Revised Code regarding sick leave and disability leave	3421
benefits.	3422

An appointing authority may apply to the director of	3423
administrative services to grant injury leave in accordance with	3424
this section to law enforcement personnel employed by the agency.	3425

Sec. 125.602. (A) The department of ~~mental retardation and~~	3426
developmental disabilities, the department of mental health, the	3427
department of job and family services, the rehabilitation services	3428
commission, and any other state or governmental agency or	3429
community rehabilitation program responsible for the provision of	3430
rehabilitation and vocational educational services to persons with	3431
work-limiting disabilities may, through written agreement,	3432
cooperate in providing resources to the department of	3433
administrative services for the operation of the office of	3434
procurement from community rehabilitation programs. These	3435
resources may include, but are not limited to, leadership and	3436
assistance in dealing with the societal aspects of meeting the	3437
needs of persons with work-limiting disabilities.	3438

(B) The office and all governmental entities that administer	3439
socioeconomic programs may enter into contractual agreements,	3440
cooperative working relationships, or other arrangements that are	3441
necessary for effective coordination and realization of the	3442
objectives of these entities.	3443

Sec. 125.603. (A) The office of procurement from community	3444
rehabilitation programs shall do the following in addition to	3445
other duties specified in sections 125.60 to 125.6012 of the	3446
Revised Code:	3447

(1) Establish, maintain, and periodically update a	3448
procurement list of approved supplies and services available from	3449
qualified nonprofit agencies;	3450

(2) Monitor the procurement practices of government ordering	3451
offices to ensure compliance with sections 125.60 to 125.6012 of	3452
the Revised Code;	3453

(3) In cooperation with qualified nonprofit agencies,	3454
government ordering offices, the department of ~~mental retardation~~	3455
~~and~~ developmental disabilities, the department of mental health,	3456
the department of job and family services, and the rehabilitation	3457
services commission, develop and recommend to the director of	3458
administrative services rules the director shall adopt in	3459
accordance with Chapter 119. of the Revised Code for the effective	3460
and efficient administration of sections 125.60 to 125.6012 of the	3461
Revised Code;	3462

(4) Prepare a report of its activities by the last day of	3463
December of each year. The report shall be posted electronically	3464
on the office's web site.	3465

(B) The office of procurement from community rehabilitation	3466
programs may enter into contractual agreements and establish pilot	3467
programs to further the objectives of sections 125.60 to 125.6012	3468
of the Revised Code.	3469

Sec. 126.32. (A) Any officer of any state agency may	3470
authorize reimbursement for travel, including the costs of	3471
transportation, for lodging, and for meals to any person who is	3472
interviewing for a position that is classified in pay range 13 or	3473
above in schedule E-1 or schedule E-1 for step seven only, or is	3474
classified in schedule E-2, of section 124.152 of the Revised	3475
Code.	3476

(B) If a person is appointed to a position listed in section	3477
121.03 of the Revised Code, to the position of chairperson of the	3478
industrial commission, adjutant general, chancellor of the Ohio	3479
board of regents, superintendent of public instruction,	3480
chairperson of the public utilities commission of Ohio, or	3481
director of the state lottery commission, to a position holding a	3482
fiduciary relationship to the governor, to a position of an	3483
appointing authority of the department of mental health, ~~mental~~	3484
~~retardation and~~ developmental disabilities, or rehabilitation and	3485
correction, to a position of superintendent in the department of	3486
youth services, or to a position under section 122.05 of the	3487
Revised Code, and if that appointment requires a permanent change	3488
of residence, the appropriate state agency may reimburse the	3489
person for the person's actual and necessary expenses, including	3490
the cost of in-transit storage of household goods and personal	3491
effects, of moving the person and members of the person's	3492
immediate family residing in the person's household, and of moving	3493
their household goods and personal effects, to the person's new	3494
location.	3495

Until that person moves the person's permanent residence to	3496
the new location, but not for a period that exceeds thirty	3497
consecutive days, the state agency may reimburse the person for	3498
the person's temporary living expenses at the new location that	3499
the person has incurred on behalf of the person and members of the	3500
person's immediate family residing in the person's household. In	3501
addition, the state agency may reimburse that person for the	3502
person's travel expenses between the new location and the person's	3503
former residence during this period for a maximum number of trips	3504
specified by rule of the director of budget and management, but	3505
the state agency shall not reimburse the person for travel	3506
expenses incurred for those trips by members of the person's	3507
immediate family. With the prior written approval of the director,	3508
the maximum thirty-day period for temporary living expenses may be	3509
extended for a person appointed to a position under section 122.05	3510
of the Revised Code.	3511

The director of development may reimburse a person appointed	3512
to a position under section 122.05 of the Revised Code for the	3513
person's actual and necessary expenses of moving the person and	3514
members of the person's immediate family residing in the person's	3515
household back to the United States and may reimburse a person	3516
appointed to such a position for the cost of storage of household	3517
goods and personal effects of the person and the person's	3518
immediate family while the person is serving outside the United	3519
States, if the person's office outside the United States is the	3520
person's primary job location.	3521

(C) All reimbursement under division (A) or (B) of this	3522
section shall be made in the manner, and at rates that do not	3523
exceed those, provided by rule of the director of budget and	3524
management in accordance with section 111.15 of the Revised Code.	3525
Reimbursements may be made under division (B) of this section	3526
directly to the persons who incurred the expenses or directly to	3527
the providers of goods or services the persons receive, as	3528
determined by the director of budget and management.	3529

Sec. 127.16. (A) Upon the request of either a state agency	3530
or the director of budget and management and after the controlling	3531
board determines that an emergency or a sufficient economic reason	3532
exists, the controlling board may approve the making of a purchase	3533
without competitive selection as provided in division (B) of this	3534
section.	3535

(B) Except as otherwise provided in this section, no state	3536
agency, using money that has been appropriated to it directly,	3537
shall:	3538

(1) Make any purchase from a particular supplier, that would	3539
amount to fifty thousand dollars or more when combined with both	3540
the amount of all disbursements to the supplier during the fiscal	3541
year for purchases made by the agency and the amount of all	3542
outstanding encumbrances for purchases made by the agency from the	3543
supplier, unless the purchase is made by competitive selection or	3544
with the approval of the controlling board;	3545

(2) Lease real estate from a particular supplier, if the	3546
lease would amount to seventy-five thousand dollars or more when	3547
combined with both the amount of all disbursements to the supplier	3548
during the fiscal year for real estate leases made by the agency	3549
and the amount of all outstanding encumbrances for real estate	3550
leases made by the agency from the supplier, unless the lease is	3551
made by competitive selection or with the approval of the	3552
controlling board.	3553

(C) Any person who authorizes a purchase in violation of	3554
division (B) of this section shall be liable to the state for any	3555
state funds spent on the purchase, and the attorney general shall	3556
collect the amount from the person.	3557

(D) Nothing in division (B) of this section shall be	3558
construed as:	3559

(1) A limitation upon the authority of the director of	3560
transportation as granted in sections 5501.17, 5517.02, and	3561
5525.14 of the Revised Code;	3562

(2) Applying to medicaid provider agreements under Chapter	3563
5111. of the Revised Code or payments or provider agreements under	3564
the disability medical assistance program established under	3565
Chapter 5115. of the Revised Code;	3566

(3) Applying to the purchase of examinations from a sole	3567
supplier by a state licensing board under Title XLVII of the	3568
Revised Code;	3569

(4) Applying to entertainment contracts for the Ohio state	3570
fair entered into by the Ohio expositions commission, provided	3571
that the controlling board has given its approval to the	3572
commission to enter into such contracts and has approved a total	3573
budget amount for such contracts as agreed upon by commission	3574
action, and that the commission causes to be kept itemized records	3575
of the amounts of money spent under each contract and annually	3576
files those records with the clerk of the house of representatives	3577
and the clerk of the senate following the close of the fair;	3578

(5) Limiting the authority of the chief of the division of	3579
mineral resources management to contract for reclamation work with	3580
an operator mining adjacent land as provided in section 1513.27 of	3581
the Revised Code;	3582

(6) Applying to investment transactions and procedures of any	3583
state agency, except that the agency shall file with the board the	3584
name of any person with whom the agency contracts to make, broker,	3585
service, or otherwise manage its investments, as well as the	3586
commission, rate, or schedule of charges of such person with	3587
respect to any investment transactions to be undertaken on behalf	3588
of the agency. The filing shall be in a form and at such times as	3589
the board considers appropriate.	3590

(7) Applying to purchases made with money for the per cent	3591
for arts program established by section 3379.10 of the Revised	3592
Code;	3593

(8) Applying to purchases made by the rehabilitation services	3594
commission of services, or supplies, that are provided to persons	3595
with disabilities, or to purchases made by the commission in	3596
connection with the eligibility determinations it makes for	3597
applicants of programs administered by the social security	3598
administration;	3599

(9) Applying to payments by the department of job and family	3600
services under section 5111.13 of the Revised Code for group	3601
health plan premiums, deductibles, coinsurance, and other	3602
cost-sharing expenses;	3603

(10) Applying to any agency of the legislative branch of the	3604
state government;	3605

(11) Applying to agreements or contracts entered into under	3606
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	3607
Revised Code;	3608

(12) Applying to purchases of services by the adult parole	3609
authority under section 2967.14 of the Revised Code or by the	3610
department of youth services under section 5139.08 of the Revised	3611
Code;	3612

(13) Applying to dues or fees paid for membership in an	3613
organization or association;	3614

(14) Applying to purchases of utility services pursuant to	3615
section 9.30 of the Revised Code;	3616

(15) Applying to purchases made in accordance with rules	3617
adopted by the department of administrative services of motor	3618
vehicle, aviation, or watercraft fuel, or emergency repairs of	3619
such vehicles;	3620

(16) Applying to purchases of tickets for passenger air	3621
transportation;	3622

(17) Applying to purchases necessary to provide public	3623
notifications required by law or to provide notifications of job	3624
openings;	3625

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

3626

(19) Applying to purchases of liquor for resale by the	3627
division of liquor control;	3628

(20) Applying to purchases of motor courier and freight	3629
services made in accordance with department of administrative	3630
services rules;	3631

(21) Applying to purchases from the United States postal	3632
service and purchases of stamps and postal meter replenishment	3633
from vendors at rates established by the United States postal	3634
service;	3635

(22) Applying to purchases of books, periodicals, pamphlets,	3636
newspapers, maintenance subscriptions, and other published	3637
materials;	3638

(23) Applying to purchases from other state agencies,	3639
including state-assisted institutions of higher education;	3640

(24) Limiting the authority of the director of environmental	3641
protection to enter into contracts under division (D) of section	3642
3745.14 of the Revised Code to conduct compliance reviews, as	3643
defined in division (A) of that section;	3644

(25) Applying to purchases from a qualified nonprofit agency	3645
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	3646
the Revised Code;	3647

(26) Applying to payments by the department of job and family	3648
services to the United States department of health and human	3649
services for printing and mailing notices pertaining to the tax	3650
refund offset program of the internal revenue service of the	3651
United States department of the treasury;	3652

(27) Applying to contracts entered into by the department of	3653
~~mental retardation and~~ developmental disabilities under section	3654
5123.18 of the Revised Code;	3655

(28) Applying to payments made by the department of mental	3656
health under a physician recruitment program authorized by section	3657
5119.101 of the Revised Code;	3658

(29) Applying to contracts entered into with persons by the	3659
director of commerce for unclaimed funds collection and remittance	3660
efforts as provided in division (F) of section 169.03 of the	3661
Revised Code. The director shall keep an itemized accounting of	3662
unclaimed funds collected by those persons and amounts paid to	3663
them for their services.	3664

(30) Applying to purchases made by a state institution of	3665
higher education in accordance with the terms of a contract	3666
between the vendor and an inter-university purchasing group	3667
comprised of purchasing officers of state institutions of higher	3668
education;	3669

(31) Applying to the department of job and family services'	3670
purchases of health assistance services under the children's	3671
health insurance program part I provided for under section 5101.50	3672
of the Revised Code, the children's health insurance program part	3673
II provided for under section 5101.51 of the Revised Code, or the	3674
children's health insurance program part III provided for under	3675
section 5101.52 of the Revised Code, or the children's buy-in	3676
program provided for under sections 5101.5211 to 5101.5216 of the	3677
Revised Code;	3678

(32) Applying to payments by the attorney general from the	3679
reparations fund to hospitals and other emergency medical	3680
facilities for performing medical examinations to collect physical	3681
evidence pursuant to section 2907.28 of the Revised Code;	3682

(33) Applying to contracts with a contracting authority or	3683
administrative receiver under division (B) of section 5126.056 of	3684
the Revised Code;	3685

(34) Applying to reimbursements paid to the United States	3686
department of veterans affairs for pharmaceutical and patient	3687
supply purchases made on behalf of the Ohio veterans' home agency;	3688

(35) Applying to agreements entered into with terminal	3689
distributors of dangerous drugs under section 173.79 of the	3690
Revised Code;	3691

(36) Applying to payments by the superintendent of the bureau	3692
of criminal identification and investigation to the federal bureau	3693
of investigation for criminal records checks pursuant to section	3694
109.572 of the Revised Code.	3695

(E) When determining whether a state agency has reached the	3696
cumulative purchase thresholds established in divisions (B)(1) and	3697
(2) of this section, all of the following purchases by such agency	3698
shall not be considered:	3699

(1) Purchases made through competitive selection or with	3700
controlling board approval;	3701

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

3702

(3) For the purposes of the threshold of division (B)(1) of	3703
this section only, leases of real estate.	3704

(F) As used in this section, "competitive selection,"	3705
"purchase," "supplies," and "services" have the same meanings as	3706
in section 125.01 of the Revised Code.	3707

Sec. 135.801. (A) As used in sections 135.801 to 135.803 of	3708
the Revised Code, "eligible lending institution," "eligible	3709
organization," "investing authority," "residential facility," and	3710
"residential facility linked deposit program" have the same	3711
meanings as in section 5126.51 of the Revised Code.	3712

(B) The board of county commissioners may adopt a resolution	3713
implementing a residential facility linked deposit program under	3714
sections 5126.51 to 5126.62 of the Revised Code if it finds each	3715
of the following:	3716

(1) The county board of ~~mental retardation and~~ developmental	3717
disabilities has adopted a resolution under section 5126.49 of the	3718
Revised Code.	3719

(2) There is a shortage of residential facilities in the	3720
county for individuals with mental retardation or developmental	3721
disabilities.	3722

(3) Eligible organizations, otherwise willing and able to	3723
develop residential facilities in the county, have been unable to	3724
do so because of high interest rates.	3725

(4) Placement of residential facility linked deposits will	3726
assist in financing the development of residential facilities in	3727
the county that otherwise would not be developed because of high	3728
interest rates.	3729

(5) Public moneys of the county are available for purposes of	3730
the residential facility linked deposit program.	3731

(6) At least one eligible lending institution has an office	3732
located within the territorial limits of the county into which the	3733
board may deposit the public moneys of the county.	3734

Sec. 135.802. The board of county commissioners shall	3735
include each of the following in a resolution implementing a	3736
residential facility linked deposit program under sections 5126.51	3737
to 5126.62 of the Revised Code:	3738

(A) Specific findings of fact justifying implementation of	3739
the residential facility linked deposit program in the county;	3740

(B) Guidelines to be followed by the county board of ~~mental~~	3741
~~retardation and~~ developmental disabilities in establishing	3742
standards under section 5126.49 of the Revised Code for approving	3743
applications for linked deposit loans;	3744

(C) Instructions to the county's investing authority as	3745
necessary for the placement and monitoring of, and for reporting	3746
with regard to, residential facility linked deposits under	3747
sections 5126.59 to 5126.61 of the Revised Code;	3748

(D) Any information the board requires an applicant for a	3749
residential facility linked deposit loan to provide to the county	3750
board of ~~mental retardation and~~ developmental disabilities that	3751
would not otherwise be provided to that board by the applicant	3752
pursuant to sections 5126.51 to 5126.62 of the Revised Code.	3753

The board shall transmit a certified copy of the resolution	3754
to the county board of ~~mental retardation and~~ developmental	3755
disabilities and the county's investing authority, unless the	3756
board is itself that authority.	3757

Sec. 135.803. On receiving a resolution from the county	3758
board of ~~mental retardation and~~ developmental disabilities	3759
approving under section 5126.55 of the Revised Code development of	3760
a proposed residential facility, the board of county commissioners	3761
shall determine whether public moneys of the county are available	3762
for a residential facility linked deposit and shall certify to the	3763
county board of ~~mental retardation and~~ developmental disabilities	3764
either that public moneys are available or that public moneys are	3765
not available. If public moneys are not available the	3766
certification shall indicate the date, if any, on which the board	3767
of county commissioners anticipates that public moneys will be	3768
available.	3769

Sec. 140.01. As used in this chapter:

3770

(A) "Hospital agency" means any public hospital agency or any	3771
nonprofit hospital agency.	3772

(B) "Public hospital agency" means any county, board of	3773
county hospital trustees established pursuant to section 339.02 of	3774
the Revised Code, county hospital commission established pursuant	3775
to section 339.14 of the Revised Code, municipal corporation, new	3776
community authority organized under Chapter 349. of the Revised	3777
Code, joint township hospital district, state or municipal	3778
university or college operating or authorized to operate a	3779
hospital facility, or the state.	3780

(C) "Nonprofit hospital agency" means a corporation or	3781
association not for profit, no part of the net earnings of which	3782
inures or may lawfully inure to the benefit of any private	3783
shareholder or individual, that has authority to own or operate a	3784
hospital facility or provides or is to provide services to one or	3785
more other hospital agencies.	3786

(D) "Governing body" means, in the case of a county, the	3787
board of county commissioners or other legislative body; in the	3788
case of a board of county hospital trustees, the board; in the	3789
case of a county hospital commission, the commission; in the case	3790
of a municipal corporation, the council or other legislative	3791
authority; in the case of a new community authority, its board of	3792
trustees; in the case of a joint township hospital district, the	3793
joint township district hospital board; in the case of a state or	3794
municipal university or college, its board of trustees or board of	3795
directors; in the case of a nonprofit hospital agency, the board	3796
of trustees or other body having general management of the agency;	3797
and, in the case of the state, the director of development or the	3798
Ohio higher educational facility commission.	3799

(E) "Hospital facilities" means buildings, structures and	3800
other improvements, additions thereto and extensions thereof,	3801
furnishings, equipment, and real estate and interests in real	3802
estate, used or to be used for or in connection with one or more	3803
hospitals, emergency, intensive, intermediate, extended,	3804
long-term, or self-care facilities, diagnostic and treatment and	3805
out-patient facilities, facilities related to programs for home	3806
health services, clinics, laboratories, public health centers,	3807
research facilities, and rehabilitation facilities, for or	3808
pertaining to diagnosis, treatment, care, or rehabilitation of	3809
sick, ill, injured, infirm, impaired, disabled, or handicapped	3810
persons, or the prevention, detection, and control of disease, and	3811
also includes education, training, and food service facilities for	3812
health professions personnel, housing facilities for such	3813
personnel and their families, and parking and service facilities	3814
in connection with any of the foregoing; and includes any one,	3815
part of, or any combination of the foregoing; and further includes	3816
site improvements, utilities, machinery, facilities, furnishings,	3817
and any separate or connected buildings, structures, improvements,	3818
sites, utilities, facilities, or equipment to be used in, or in	3819
connection with the operation or maintenance of, or supplementing	3820
or otherwise related to the services or facilities to be provided	3821
by, any one or more of such hospital facilities.	3822

(F) "Costs of hospital facilities" means the costs of	3823
acquiring hospital facilities or interests in hospital facilities,	3824
including membership interests in nonprofit hospital agencies,	3825
costs of constructing hospital facilities, costs of improving one	3826
or more hospital facilities, including reconstructing,	3827
rehabilitating, remodeling, renovating, and enlarging, costs of	3828
equipping and furnishing such facilities, and all financing costs	3829
pertaining thereto, including, without limitation thereto, costs	3830
of engineering, architectural, and other professional services,	3831
designs, plans, specifications and surveys, and estimates of cost,	3832
costs of tests and inspections, the costs of any indemnity or	3833
surety bonds and premiums on insurance, all related direct or	3834
allocable administrative expenses pertaining thereto, fees and	3835
expenses of trustees, depositories, and paying agents for the	3836
obligations, cost of issuance of the obligations and financing	3837
charges and fees and expenses of financial advisors, attorneys,	3838
accountants, consultants and rating services in connection	3839
therewith, capitalized interest on the obligations, amounts	3840
necessary to establish reserves as required by the bond	3841
proceedings, the reimbursement of all moneys advanced or applied	3842
by the hospital agency or others or borrowed from others for the	3843
payment of any item or items of costs of such facilities, and all	3844
other expenses necessary or incident to planning or determining	3845
feasibility or practicability with respect to such facilities, and	3846
such other expenses as may be necessary or incident to the	3847
acquisition, construction, reconstruction, rehabilitation,	3848
remodeling, renovation, enlargement, improvement, equipment, and	3849
furnishing of such facilities, the financing thereof, and the	3850
placing of the same in use and operation, including any one, part	3851
of, or combination of such classes of costs and expenses, and	3852
means the costs of refinancing obligations issued by, or	3853
reimbursement of money advanced by, nonprofit hospital agencies or	3854
others the proceeds of which were used for the payment of costs of	3855
hospital facilities, if the governing body of the public hospital	3856
agency determines that the refinancing or reimbursement advances	3857
the purposes of this chapter, whether or not the refinancing or	3858
reimbursement is in conjunction with the acquisition or	3859
construction of additional hospital facilities.	3860

(G) "Hospital receipts" means all moneys received by or on	3861
behalf of a hospital agency from or in connection with the	3862
ownership, operation, acquisition, construction, improvement,	3863
equipping, or financing of any hospital facilities, including,	3864
without limitation thereto, any rentals and other moneys received	3865
from the lease, sale, or other disposition of hospital facilities,	3866
and any gifts, grants, interest subsidies, or other moneys	3867
received under any federal program for assistance in financing the	3868
costs of hospital facilities, and any other gifts, grants, and	3869
donations, and receipts therefrom, available for financing the	3870
costs of hospital facilities.	3871

(H) "Obligations" means bonds, notes, or other evidences of	3872
indebtedness or obligation, including interest coupons pertaining	3873
thereto, issued or issuable by a public hospital agency to pay	3874
costs of hospital facilities.	3875

(I) "Bond service charges" means principal, interest, and	3876
call premium, if any, required to be paid on obligations.	3877

(J) "Bond proceedings" means one or more ordinances,	3878
resolutions, trust agreements, indentures, and other agreements or	3879
documents, and amendments and supplements to the foregoing, or any	3880
combination thereof, authorizing or providing for the terms,	3881
including any variable interest rates, and conditions applicable	3882
to, or providing for the security of, obligations and the	3883
provisions contained in such obligations.	3884

(K) "Nursing home" has the same meaning as in division (A)(1)	3885
of section 5701.13 of the Revised Code.	3886

(L) "Residential care facility" has the same meaning as in	3887
division (A)(2) of section 5701.13 of the Revised Code.	3888

(M) "Adult care facility" has the same meaning as in division	3889
(A)(3) of section 5701.13 of the Revised Code.	3890

(N) "Independent living facility" means any self-care	3891
facility or other housing facility designed or used as a residence	3892
for elderly persons. An "independent living facility" does not	3893
include a residential facility, or that part of a residential	3894
facility, that is any of the following:	3895

(1) A hospital required to be certified by section 3727.02 of	3896
the Revised Code;	3897

(2) A nursing home or residential care facility;

3898

(3) An adult care facility;

3899

(4) A hospice licensed under section 3712.04 of the Revised	3900
Code;	3901

(5) A residential facility for the mentally ill licensed by	3902
the department of mental health under section 5119.22 of the	3903
Revised Code;	3904

(6) A facility licensed to provide methadone treatment under	3905
section 3793.11 of the Revised Code;	3906

(7) A facility certified as an alcohol and drug addiction	3907
program under section 3793.06 of the Revised Code;	3908

(8) A residential facility licensed under section 5123.19 of	3909
the Revised Code or a facility providing services under a contract	3910
with the department of ~~mental retardation and~~ developmental	3911
disabilities under section 5123.18 of the Revised Code;	3912

(9) A residential facility used as part of a hospital to	3913
provide housing for staff of the hospital or students pursuing a	3914
course of study at the hospital.	3915

Sec. 140.03. (A) Two or more hospital agencies may enter	3916
into agreements for the acquisition, construction, reconstruction,	3917
rehabilitation, remodeling, renovating, enlarging, equipping, and	3918
furnishing of hospital facilities, or the management, operation,	3919
occupancy, use, maintenance, and repair of hospital facilities, or	3920
for participation in programs, projects, activities, and services	3921
useful to, connected with, supplementing, or otherwise related to	3922
the services provided by, or the operation of, hospital facilities	3923
operated by one or more participating hospital agencies, including	3924
any combination of such purposes, all in such manner as to promote	3925
the public purpose stated in section 140.02 of the Revised Code. A	3926
city health district; general health district; board of alcohol,	3927
drug addiction, and mental health services; county board of ~~mental~~	3928
~~retardation and~~ developmental disabilities; the department of	3929
mental health; the department of ~~mental retardation and~~	3930
developmental disabilities; or any public body engaged in the	3931
education or training of health professions personnel may join in	3932
any such agreement for purposes related to its authority under	3933
laws applicable to it, and as such a participant shall be	3934
considered a public hospital agency or hospital agency for the	3935
purposes of this section.	3936

(B) An agreement entered into under authority of this section	3937
shall, where appropriate, provide for:	3938

(1) The manner in which the title to the hospital facilities,	3939
including the sites and interest in real estate pertaining	3940
thereto, is to be held, transferred, or disposed of;	3941

(2) Unless provided for by lease pursuant to section 140.05	3942
of the Revised Code, the method by which such hospital facilities	3943
are to be acquired, constructed, or otherwise improved and by	3944
which they shall be managed, occupied, maintained, and repaired,	3945
including the designation of one of the hospital agencies to have	3946
charge of the details of acquisition, construction, or improvement	3947
pursuant to the contracting procedures prescribed under the law	3948
applicable to one of the participating public hospital agencies;	3949

(3) The management or administration of any such programs,	3950
projects, activities, or services, which may include management or	3951
administration by one of said hospital agencies or a board or	3952
agency thereof;	3953

(4) Annual, or more frequent, reports to the participating	3954
hospital agencies as to the revenues and receipts pertaining to	3955
the subject of the agreement, the expenditures thereof, the status	3956
and application of other funds contributed under such agreement,	3957
and such other matters as may be specified by or pursuant to such	3958
agreement;	3959

(5) The manner of apportionment or sharing of costs of	3960
hospital facilities, any other applicable costs of management,	3961
operation, maintenance, and repair of hospital facilities, and	3962
costs for the programs, projects, activities, and services forming	3963
the subject of the agreement, which apportionment or sharing may	3964
be prescribed in fixed amounts, or determined by ratios, formulas,	3965
or otherwise, and paid as service charges, rentals, or in such	3966
other manner as provided in the agreement, and may include amounts	3967
sufficient to meet the bond service charges and other payments and	3968
deposits required under the bond proceedings for obligations	3969
issued to pay costs of hospital facilities. A hospital agency may	3970
commit itself to make such payments at least for so long as any	3971
such obligations are outstanding. In the apportionment, different	3972
classes of costs or expenses may be apportioned to one or more,	3973
all or less than all, of the participating hospital agencies as	3974
determined under such agreement.	3975

(C) An agreement entered into under authority of this section	3976
may provide for:	3977

(1) An orderly process for making determinations or advising	3978
as to planning, execution, implementation, and operation, which	3979
may include designating one of the hospital agencies, or a board	3980
thereof, for any of such purposes, provisions for a committee,	3981
board, or commission, and for representation thereon, or as may	3982
otherwise be provided;	3983

(2) Securing necessary personnel, including participation of	3984
personnel from the respective hospital agencies;	3985

(3) Standards or conditions for the admission or	3986
participation of patients and physicians;	3987

(4) Conditions for admittance of other hospital agencies to	3988
participation under the agreement;	3989

(5) Fixing or establishing the method of determining charges	3990
to be made for particular services;	3991

(6) The manner of amending, supplementing, terminating, or	3992
withdrawal or removal of any party from, the agreement, and the	3993
term of the agreement, or an indefinite term;	3994

(7) Designation of the applicants for or recipients of any	3995
federal, state, or other aid, assistance, or loans available by	3996
reason of any activities conducted under the agreement;	3997

(8) Designation of one or more of the participating hospital	3998
agencies to maintain, prepare, and submit, on behalf of all	3999
parties to the agreement, any or all records and reports with	4000
regard to the activities conducted under the agreement;	4001

(9) Any incidental use of the hospital facilities, or	4002
services thereof, by participating public hospital agencies for	4003
any of their lawful purposes, which incidental use does not impair	4004
the character of the facilities as hospital facilities for any	4005
purpose of this chapter;	4006

(10) Such other matters as the parties thereto may agree upon	4007
for the purposes of division (A) of this section.	4008

(D) For the purpose of paying or contributing its share under	4009
an agreement made under this section, a public hospital agency	4010
may:	4011

(1) Expend any moneys from its general fund, and from any	4012
other funds not otherwise restricted by law, but including funds	4013
for permanent improvements of hospital facilities of such public	4014
hospital agency where the contribution is to be made toward the	4015
costs of hospital facilities under the agreement, and including	4016
funds derived from levies for, or receipts available for,	4017
operating expenses of hospital facilities or services of such	4018
public hospital agency where the contribution or payment is to be	4019
made toward operating expenses of the hospital facilities or	4020
services under the agreement or for the services provided thereby;	4021

(2) Issue obligations under Chapter 133. or section 140.06,	4022
339.14, 339.15, 513.12, or 3345.12 of the Revised Code, or Section	4023
3 of Article XVIII, Ohio Constitution, if applicable to such	4024
public hospital agency, to pay costs of hospital facilities, or	4025
issue obligations under any other provision of law authorizing	4026
such public hospital agency to issue obligations for any costs of	4027
hospital facilities;	4028

(3) Levy taxes under Chapter 5705. or section 513.13 or	4029
3709.29 of the Revised Code, if applicable to such public hospital	4030
agency, provided that the purpose of such levy may include the	4031
provision of funds for either or both permanent improvements and	4032
current expenses if required for the contribution or payment of	4033
such hospital agency under such agreement, and each such public	4034
hospital agency may issue notes in anticipation of any such levy,	4035
pursuant to the procedures provided in section 5705.191 of the	4036
Revised Code if the levy is solely for current expenses, and in	4037
section 5705.193 of the Revised Code if the levy is all or in part	4038
for permanent improvements;	4039

(4) Contribute real and personal property or interest therein	4040
without necessity for competitive bidding or public auction on	4041
disposition of such property.	4042

(E) Any funds provided by public hospital agencies that are	4043
parties to an agreement entered into under this section shall be	4044
transferred to and placed in a separate fund or funds of such	4045
participating public hospital agency as is designated under the	4046
agreement. The funds shall be applied for the purposes provided in	4047
such agreement and are subject to audit. Pursuant to any	4048
determinations to be made under such agreement, the funds shall be	4049
deposited, invested, and disbursed under the provisions of law	4050
applicable to the public hospital agency in whose custody the	4051
funds are held. This division is subject to the provisions of any	4052
applicable bond proceedings under section 133.08, 140.06, 339.15,	4053
or 3345.12 of the Revised Code or Section 3 of Article XVIII, Ohio	4054
Constitution. The records and reports of such public hospital	4055
agency under Chapter 117. of the Revised Code and sections 3702.51	4056
to 3702.62 of the Revised Code, with respect to the funds shall be	4057
sufficient without necessity for reports thereon by the other	4058
public hospital agencies participating under such agreement.	4059

(F)(1) Prior to its entry into any such agreement, the public	4060
hospital agency must determine, and set forth in a resolution or	4061
ordinance, that the contribution to be made by it under such	4062
agreement will be fair consideration for value and benefit to be	4063
derived by it under such agreement and that the agreement will	4064
promote the public purpose stated in section 140.02 of the Revised	4065
Code.	4066

(2) If the agreement is with a board of county commissioners,	4067
board of county hospital trustees, or county hospital commission	4068
and is an initial agreement for the acquisition or operation of a	4069
county hospital operated by a board of county hospital trustees	4070
under section 339.06 of the Revised Code, the governing body of	4071
the public hospital agency shall submit the agreement, accompanied	4072
by the resolution or ordinance, to the board of county	4073
commissioners for review pursuant to section 339.091 of the	4074
Revised Code. The agreement may be entered into only if the board	4075
of county commissioners adopts a resolution under that section.	4076
The requirements of division (F)(2) of this section do not apply	4077
to the agreement if one or more hospitals classified as general	4078
hospitals by the public health council under section 3701.07 of	4079
the Revised Code are operating in the same county as the county	4080
hospital.	4081

Sec. 140.05. (A)(1) A public hospital agency may lease any	4082
hospital facility to one or more hospital agencies for use as a	4083
hospital facility, or to one or more city or general health	4084
districts; boards of alcohol, drug addiction, and mental health	4085
services; county boards of ~~mental retardation and~~ developmental	4086
disabilities; the department of mental health; or the department	4087
of ~~mental retardation and~~ developmental disabilities, for uses	4088
which they are authorized to make thereof under the laws	4089
applicable to them, or any combination of them, and they may lease	4090
such facilities to or from a hospital agency for such uses, upon	4091
such terms and conditions as are agreed upon by the parties. Such	4092
lease may be for a term of fifty years or less and may provide for	4093
an option of the lessee to renew for a term of fifty years or	4094
less, as therein set forth. Prior to entering into such lease, the	4095
governing body of any public hospital agency granting such lease	4096
must determine, and set forth in a resolution or ordinance, that	4097
such lease will promote the public purpose stated in section	4098
140.02 of the Revised Code and that the lessor public hospital	4099
agency will be duly benefited thereby.	4100

(2) If the lease is with a board of county commissioners,	4101
board of county hospital trustees, or county hospital commission	4102
and is an agreement for the initial lease of a county hospital	4103
operated by a board of county hospital trustees under section	4104
339.06 of the Revised Code, the governing body of the public	4105
hospital agency shall submit the agreement, accompanied by the	4106
resolution or ordinance, to the board of county commissioners for	4107
review pursuant to section 339.091 of the Revised Code. The	4108
agreement may be entered into only if the board of county	4109
commissioners adopts a resolution under that section. The	4110
requirements of division (A)(2) of this section do not apply to	4111
the lease if one or more hospitals classified as general hospitals	4112
by the public health council under section 3701.07 of the Revised	4113
Code are operating in the same county as the county hospital.	4114

(B) Any lease entered into pursuant to this section shall	4115
provide that in the event that the lessee fails faithfully and	4116
efficiently to administer, maintain, and operate such leased	4117
facilities as hospital facilities, or fails to provide the	4118
services thereof without regard to race, creed, color, or national	4119
origin, or fails to require that any hospital agency using such	4120
facilities or the services thereof shall not discriminate by	4121
reason of race, creed, color, or national origin, after an	4122
opportunity to be heard upon written charges, said lease may be	4123
terminated at the time, in the manner and with consequences	4124
therein provided. If any such lease does not contain terms to the	4125
effect provided in this division, it shall nevertheless be deemed	4126
to contain such terms which shall be implemented as determined by	4127
the governing body of the lessor.	4128

(C) Such lease may provide for rentals commencing at any time	4129
agreed upon, or advance rental, and continuing for such period	4130
therein provided, notwithstanding and without diminution, rebate,	4131
or setoff by reason of time of availability of the hospital	4132
facility for use, delays in construction, failure of completion,	4133
damage or destruction of the hospital facilities, or for any other	4134
reason.	4135

(D) Such lease may provide for the sale or transfer of title	4136
of the leased facilities pursuant to an option to purchase,	4137
lease-purchase, or installment purchase upon terms therein	4138
provided or to be determined as therein provided, which may	4139
include provision for the continued use thereof as a hospital	4140
facility for some reasonable period, taking into account efficient	4141
useful life and other factors, as is provided therein.	4142

(E) Such lease may be entered as part of or in connection	4143
with an agreement pursuant to section 140.03 of the Revised Code.	4144
Any hospital facilities which are the subject of an agreement	4145
entered into under section 140.03 of the Revised Code may be	4146
leased pursuant to this section.	4147

(F) If land acquired by a public hospital agency for a	4148
hospital facility is adjacent to an existing hospital facility	4149
owned by another hospital agency, the public hospital agency may,	4150
in connection with such acquisition or the leasing of such land	4151
and hospital facilities thereon to one or more hospital agencies,	4152
enter into an agreement with the hospital agency which owns such	4153
adjacent hospital facility for the use of common walls in the	4154
construction, operation, or maintenance of hospital facilities of	4155
the public hospital agency. For the purpose of construction,	4156
operation, or maintenance of hospital facilities, a public	4157
hospital agency may acquire by purchase, gift, lease, lease with	4158
option to purchase, lease-purchase, or installment purchase,	4159
easement deed, or other agreement, real estate and interests in	4160
real estate, including rights to use space over, under or upon	4161
real property owned by others, and support, access, common wall,	4162
and other rights in connection therewith. Any public hospital	4163
agency or other political subdivision or any public agency, board,	4164
commission, institution, body, or instrumentality may grant such	4165
real estate, interests, or rights to any hospital agency upon such	4166
terms as are agreed upon without necessity for competitive bidding	4167
or public auction.	4168

Sec. 145.012. (A) "Public employee," as defined in division	4169
(A) of section 145.01 of the Revised Code, does not include any	4170
person:	4171

(1) Who is employed by a private, temporary-help service and	4172
performs services under the direction of a public employer or is	4173
employed on a contractual basis as an independent contractor under	4174
a personal service contract with a public employer;	4175

(2) Who is an emergency employee serving on a temporary basis	4176
in case of fire, snow, earthquake, flood, or other similar	4177
emergency;	4178

(3) Who is employed in a program established pursuant to the	4179
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.	4180
1501;	4181

(4) Who is an appointed member of either the motor vehicle	4182
salvage dealers board or the motor vehicle dealer's board whose	4183
rate and method of payment are determined pursuant to division (J)	4184
of section 124.15 of the Revised Code;	4185

(5) Who is employed as an election worker and paid less than	4186
five hundred dollars per calendar year for that service;	4187

(6) Who is employed as a firefighter in a position requiring	4188
satisfactory completion of a firefighter training course approved	4189
under former section 3303.07 or section 4765.55 of the Revised	4190
Code or conducted under section 3737.33 of the Revised Code except	4191
for the following:	4192

(a) Any firefighter who has elected under section 145.013 of	4193
the Revised Code to remain a contributing member of the public	4194
employees retirement system;	4195

(b) Any firefighter who was eligible to transfer from the	4196
public employees retirement system to the Ohio police and fire	4197
pension fund under section 742.51 or 742.515 of the Revised Code	4198
and did not elect to transfer;	4199

(c) Any firefighter who has elected under section 742.516 of	4200
the Revised Code to transfer from the Ohio police and fire pension	4201
fund to the public employees retirement system.	4202

(7) Who is a member of the board of health of a city or	4203
general health district, which pursuant to sections 3709.051 and	4204
3709.07 of the Revised Code includes a combined health district,	4205
and whose compensation for attendance at meetings of the board is	4206
set forth in division (B) of section 3709.02 or division (B) of	4207
section 3709.05 of the Revised Code, as appropriate;	4208

(8) Who participates in an alternative retirement plan	4209
established under Chapter 3305. of the Revised Code;	4210

(9) Who is a member of the board of directors of a sanitary	4211
district established under Chapter 6115. of the Revised Code.	4212

(B) No inmate of a correctional institution operated by the	4213
department of rehabilitation and correction, no patient in a	4214
hospital for the mentally ill or criminally insane operated by the	4215
department of mental health, no resident in an institution for the	4216
mentally retarded operated by the department of ~~mental retardation~~	4217
~~and~~ developmental disabilities, no resident admitted as a patient	4218
of a veterans' home operated under Chapter 5907. of the Revised	4219
Code, and no resident of a county home shall be considered as a	4220
public employee for the purpose of establishing membership or	4221
calculating service credit or benefits under this chapter.	4222
Nothing in this division shall be construed to affect any service	4223
credit attained by any person who was a public employee before	4224
becoming an inmate, patient, or resident at any institution listed	4225
in this division, or the payment of any benefit for which such a	4226
person or such a person's beneficiaries otherwise would be	4227
eligible.	4228

Sec. 145.297. (A) As used in this section, "employing unit"	4229
means:	4230

(1) A municipal corporation, agency of a municipal	4231
corporation designated by the legislative authority, park	4232
district, conservancy district, sanitary district, health	4233
district, township, department of a township designated by the	4234
board of township trustees, metropolitan housing authority, public	4235
library, county law library, union cemetery, joint hospital, or	4236
other political subdivision or unit of local government.	4237

(2) With respect to state employees, any entity of the state	4238
including any department, agency, institution of higher education,	4239
board, bureau, commission, council, office, or administrative body	4240
or any part of such entity that is designated by the entity as an	4241
employing unit.	4242

(3)(a) With respect to employees of a board of alcohol, drug	4243
addiction, and mental health services, that board.	4244

(b) With respect to employees of a county board of ~~mental~~	4245
~~retardation and~~ developmental disabilities, that board.	4246

(c) With respect to other county employees, the county or any	4247
county agency designated by the board of county commissioners.	4248

(4) In the case of an employee whose employing unit is in	4249
question, the employing unit is the unit through whose payroll the	4250
employee is paid.	4251

(B) An employing unit may establish a retirement incentive	4252
plan for its eligible employees. In the case of a county or county	4253
agency, decisions on whether to establish a retirement incentive	4254
plan for any employees other than employees of a board of alcohol,	4255
drug addiction, and mental health services or county board of	4256
~~mental retardation and~~ developmental disabilities and on the terms	4257
of the plan shall be made by the board of county commissioners. In	4258
the case of a municipal corporation or an agency of a municipal	4259
corporation, decisions on whether to establish a retirement	4260
incentive plan and on the terms of the plan shall be made by the	4261
legislative authority.	4262

All terms of a retirement incentive plan shall be in writing.

4263

A retirement incentive plan shall provide for purchase by the	4264
employing unit of service credit for eligible employees who elect	4265
to participate in the plan and for payment by the employing unit	4266
of the entire cost of the service credit purchased.	4267

Every retirement incentive plan shall remain in effect for at	4268
least one year. The employing unit shall give employees at least	4269
thirty days' notice before terminating the plan.	4270

Every retirement incentive plan shall include provisions for	4271
the timely and impartial resolution of grievances and disputes	4272
arising under the plan.	4273

No employing unit shall have more than one retirement	4274
incentive plan in effect at any time.	4275

(C) Any classified or unclassified employee of the employing	4276
unit who is a member of the public employees retirement system	4277
shall be eligible to participate in the retirement incentive plan	4278
established by the employee's employing unit if the employee meets	4279
the following criteria:	4280

(1) The employee is not any of the following:

4281

(a) An elected official;

4282

(b) A member of a board or commission;

4283

4284

(d) A person appointed to serve a term of fixed length, other	4285
than a person appointed and employed by the person's employing	4286
unit.	4287

(2) The employee is or will be eligible to retire under	4288
section 145.32, 145.34, 145.37, or division (A) of section 145.33	4289
of the Revised Code on or before the date of termination of the	4290
retirement incentive plan. Service credit to be purchased for the	4291
employee under the retirement incentive plan shall be included in	4292
making such determination.	4293

(3) The employee agrees to retire under section 145.32,	4294
145.34, 145.37, or division (A) of section 145.33 of the Revised	4295
Code within ninety days after receiving notice from the public	4296
employees retirement system that service credit has been purchased	4297
for the employee under this section.	4298

Participation in the plan shall be available to all eligible	4299
employees except that the employing unit may limit the number of	4300
participants in the plan to a specified percentage of its	4301
employees who are members of the public employees retirement	4302
system on the date the plan goes into effect. The percentage	4303
shall not be less than five per cent of such employees. If	4304
participation is limited, employees with more total service credit	4305
have the right to elect to participate before employees with less	4306
total service credit. In the case of employees with the same total	4307
service credit, employees with a greater length of service with	4308
the employing unit have the right to elect to participate before	4309
employees with less service with the employing unit. Employees	4310
with less than eighteen months of service with the employing unit	4311
have the right to elect to participate only after all other	4312
eligible employees have been given the opportunity to elect to	4313
participate. For the purpose of determining which employees may	4314
participate in a plan, total service credit includes service	4315
credit purchased by the employee under this chapter after the date	4316
on which the plan is established.	4317

A retirement incentive plan that limits participation may	4318
provide that an employee who does not notify the employing unit of	4319
the employee's decision to participate in the plan within a	4320
specified period of time will lose priority to participate in the	4321
plan ahead of other employees with less seniority. The time given	4322
to an employee to elect to participate ahead of other employees	4323
shall not be less than thirty days after the employee receives	4324
written notice that the employee may participate in the plan.	4325

(D) A retirement incentive plan shall provide for purchase of	4326
the same amount of service credit for each participating employee,	4327
except that the employer may not purchase more service credit for	4328
any employee than the lesser of the following:	4329

(1) Five years of service credit;

4330

(2) An amount of service credit equal to one-fifth of the	4331
total service credited to the participant under this chapter,	4332
exclusive of service credit purchased under this section.	4333

For each year of service credit purchased under this section,	4334
the employing unit shall pay an amount equal to the additional	4335
liability resulting from the purchase of that year of service	4336
credit, as determined by an actuary employed by the public	4337
employees retirement board.	4338

(E) Upon the election by an eligible employee to participate	4339
in the retirement incentive plan, the employee and the employing	4340
unit shall agree upon a date for payment or contracting for	4341
payment in installments to the public employees retirement system	4342
of the cost of the service credit to be purchased. The employing	4343
unit shall submit to the public employees retirement system a	4344
written request for a determination of the cost of the service	4345
credit, and within forty-five days after receiving the request,	4346
the board shall give the employing unit written notice of the	4347
cost.	4348

The employing unit shall pay or contract to pay in	4349
installments the cost of the service credit to be purchased to the	4350
public employees retirement system on the date agreed to by the	4351
employee and the employing unit. The payment shall be made in	4352
accordance with rules adopted by the public employees retirement	4353
board. The rules may provide for payment in installments and for	4354
crediting the purchased credit to the employee's account upon the	4355
employer's contracting to pay the cost in installments. The board	4356
shall notify the member when the member is credited with service	4357
purchased under this section. If the employee does not retire	4358
within ninety days after receiving notice that the employee has	4359
been credited with the purchased service credit, the system shall	4360
refund to the employing unit the amount paid for the service	4361
credit.	4362

No payment made to the public employees retirement system	4363
under this section shall affect any payment required by section	4364
145.48 of the Revised Code.	4365

(F) For the purpose of determining whether the cost of a	4366
retirement incentive plan established by a county or county agency	4367
under this section is an allowable cost for the purpose of federal	4368
funding for any year, the cost shall be considered abnormal or	4369
mass severance pay only if fifteen per cent or more of the county	4370
or county agency's employees participate in the plan in that year.	4371

Nothing in this division shall relieve a county or county	4372
agency from seeking federal approval for any early retirement	4373
incentive plan that uses federal dollars in accordance with	4374
federal law.	4375

Sec. 154.17. The departments of administrative services,	4376
mental health, ~~mental retardation and~~ developmental disabilities,	4377
rehabilitation and correction, and natural resources, the Ohio	4378
board of regents, institutions of higher education, and other	4379
state officers and state agencies shall cooperate with the	4380
commission in providing services and information requested by the	4381
commission for purposes of Chapter 154. of the Revised Code, and	4382
the commission may make mutually satisfactory arrangements	4383
therefor and may thereunder designate any governmental agency for	4384
the management or performance of particular functions of the	4385
commission, other than the authorization and issuance of	4386
obligations provided for in Chapter 154. of the Revised Code,	4387
pursuant to which designation, upon acceptance thereof by that	4388
governmental agency, that function may be carried out with the	4389
full force and effect as if performed by the commission. Any such	4390
designation shall be made only by formal action or written	4391
agreement of the commission. In the management of capital	4392
facilities or performance of other functions with respect thereto,	4393
a governmental agency may exercise all powers which it has under	4394
law with respect to other similar facilities under its	4395
jurisdiction.	4396

Contracts relating to capital facilities shall be made in	4397
accordance with the law pertaining to the governmental agency	4398
designated under authority of this section to perform such	4399
contracting function, and in any other case shall be made in	4400
accordance with Chapter 153. of the Revised Code, for which	4401
purpose the commission shall be considered the owner, provided	4402
that the commission may assign the function of owner to the	4403
department of administrative services or other governmental agency	4404
as it determines. The commission may acquire by assignment from	4405
any governmental agency contracts which are not completed and	4406
which involve acquiring, constructing, reconstructing,	4407
rehabilitating, remodeling, renovating, enlarging, improving,	4408
equipping, or furnishing capital facilities, provided that such	4409
governmental agency has complied with the procedures prescribed by	4410
laws for its letting of such contract.	4411

No contract shall be let or assignment thereof accepted under	4412
this section involving performance in accordance with plans and	4413
specifications until such plans and specifications have been	4414
submitted to and approved by the governmental agency to have	4415
responsibility for the management of the capital facilities	4416
provided for in such plans and specifications, which approval	4417
shall be considered to be given if no approval or disapproval is	4418
communicated in writing to the commission or its designee for such	4419
purpose within sixty days following such submission of plans and	4420
specifications. Approval by such governmental agency of changes in	4421
plans and specifications is not required if the director of	4422
administrative services or the designee of the commission for such	4423
purpose shall certify that such changes do not substantially	4424
change the location, character, or extent of such capital	4425
facilities.	4426

Sec. 154.20. (A) Subject to authorization by the general	4427
assembly under section 154.02 of the Revised Code, the issuing	4428
authority may issue obligations pursuant to this chapter to pay	4429
costs of capital facilities for mental hygiene and retardation,	4430
including housing for mental hygiene and retardation patients.	4431

(B) Any capital facilities for mental hygiene or retardation,	4432
including housing for mental hygiene and retardation patients, may	4433
be leased by the commission to the department of mental health,	4434
the department of ~~mental retardation and~~ developmental	4435
disabilities, or the department of alcohol and drug addiction	4436
services, and other agreements may be made by the commission and	4437
any one or more of these departments with respect to the use or	4438
purchase of such capital facilities or, subject to the approval of	4439
the director of the department, the commission may lease such	4440
capital facilities to, and make or provide for other agreements	4441
with respect to the use or purchase thereof with, any governmental	4442
agency having authority under law to operate such capital	4443
facilities, and the director of the department may sublease such	4444
capital facilities to, and make other agreements with respect to	4445
the use or purchase thereof with, any such governmental agency,	4446
which may include provisions for transmittal to the mental health	4447
bond service trust fund created under division (E) of this	4448
section, by such governmental agency or by a nonprofit corporation	4449
providing mental hygiene and retardation services for or under	4450
contract with or the supervision of that governmental agency, of	4451
receipts of that agency or nonprofit corporation from charges for	4452
the treatment or care of mental hygiene and retardation patients,	4453
all upon such terms and conditions as the parties may agree upon	4454
and pursuant to this chapter, notwithstanding any other provision	4455
of law affecting the leasing, acquisition, or disposition of	4456
capital facilities by the parties.	4457

(C) For purposes of this section, "available receipts" means	4458
all receipts of the state from charges for the treatment or care	4459
of mental hygiene and retardation patients, including support	4460
payments received under Chapter 5121. of the Revised Code and	4461
moneys required to be transmitted to the mental health bond	4462
service trust fund pursuant to subleases and other agreements	4463
between any of the departments and another governmental agency	4464
pursuant to division (B) of this section as the subleases and	4465
other agreements may be further implemented for internal planning,	4466
budgeting, and accounting purposes pursuant to rules adopted by	4467
the director of mental health, director of ~~mental retardation and~~	4468
developmental disabilities, or director of alcohol and drug	4469
addiction services, any revenues or receipts derived by the	4470
commission from the operation, leasing, or other disposition of	4471
capital facilities financed under this section, the proceeds of	4472
obligations issued under this section and sections 154.11 and	4473
154.12 of the Revised Code, and also means any gifts, grants,	4474
donations, and pledges, and receipts therefrom, available for the	4475
payment of bond service charges on such obligations. The issuing	4476
authority may pledge all, or such portion as that authority	4477
determines, of the available receipts to the payment of bond	4478
service charges on obligations issued under this section and under	4479
sections 154.11 and 154.12 of the Revised Code and for the	4480
establishment and maintenance of any reserves, as provided in the	4481
bond proceedings, and make other provisions therein with respect	4482
to such available receipts as authorized by this chapter, which	4483
provisions shall be controlling notwithstanding any other	4484
provision of law pertaining thereto.	4485

(D) The issuing authority may covenant in the bond	4486
proceedings that the state and state agencies shall, so long as	4487
any obligations issued under this section are outstanding, cause	4488
to be charged and collected charges for the treatment or care of	4489
mental hygiene and retardation patients sufficient in amount to	4490
provide for the payment of bond service charges on such	4491
obligations and for the establishment and maintenance of any	4492
reserves, as provided in the bond proceedings, and such covenants	4493
shall be controlling notwithstanding any other provision of law	4494
pertaining to such charges.	4495

(E) There is hereby created the mental health bond service	4496
trust fund, which shall be in the custody of the treasurer of	4497
state but shall be separate and apart from and not a part of the	4498
state treasury. All moneys received by or on account of the	4499
commission or issuing authority or state agencies and required by	4500
the applicable bond proceedings to be deposited, transferred, or	4501
credited to the fund, and all other moneys transferred or	4502
allocated to or received for the purposes of the fund, shall be	4503
deposited with the treasurer of state and credited to such fund,	4504
subject to applicable provisions of the bond proceedings, but	4505
without necessity for any act of appropriation. The mental health	4506
bond service trust fund is a trust fund and is hereby pledged to	4507
the payment of bond service charges on the obligations issued	4508
pursuant to this section and sections 154.11 and 154.12 of the	4509
Revised Code to the extent provided in the applicable bond	4510
proceedings, and payment thereof from such fund shall be made or	4511
provided for by the treasurer of state in accordance with such	4512
bond proceedings without necessity for any act of appropriation.	4513

(F) There is hereby created in the state treasury the mental	4514
health facilities improvement fund. Subject to the bond	4515
proceedings therefor, all of the proceeds of the sale of	4516
obligations pursuant to this section shall be credited to the	4517
fund, except that any accrued interest shall be credited to the	4518
mental health bond service fund. The mental health facilities	4519
improvement fund may also be comprised of gifts, grants,	4520
appropriated moneys, and other sums and securities received to the	4521
credit of such fund. The fund shall be applied only to the	4522
following purposes:	4523

(1) Paying costs of capital facilities for mental hygiene and	4524
retardation, including housing for mental hygiene and retardation	4525
patients, under the jurisdiction of the department of mental	4526
health, department of ~~mental retardation and~~ developmental	4527
disabilities, or department of alcohol and drug addiction	4528
services;	4529

(2) Participating in capital facilities for mental hygiene	4530
and retardation, including housing for mental hygiene and	4531
retardation patients, with the federal government, municipal	4532
corporations, counties, or other governmental agencies, or a	4533
nonprofit corporation specifically chartered to provide a mental	4534
health or mental retardation service when such service fulfills a	4535
public purpose, which participation may be by grants or	4536
contributions to them for such capital facilities. Except as	4537
provided in division (G) of this section, the nonprofit	4538
corporation may act in concert with a limited partnership or a	4539
limited liability company eligible to participate in the nonprofit	4540
set-aside described in section 42(h)(5) of the "Internal Revenue	4541
Code of 1986," 100 Stat. 2198, 26 U.S.C. 42, and the Ohio housing	4542
finance agency's housing tax credit program for the purpose of	4543
making use of low-income housing tax credits in support of housing	4544
for mental hygiene and retardation patients.	4545

(G) A nonprofit corporation providing a mental retardation	4546
service must obtain written approval from the director of ~~mental~~	4547
~~retardation and~~ developmental disabilities before acting in	4548
concert with a limited partnership or limited liability company as	4549
described in division (F)(2) of this section. However, the	4550
director may issue one blanket approval for all such nonprofit	4551
corporations.	4552

(H) This section is to be applied with other applicable	4553
provisions of this chapter.	4554

Sec. 173.03. (A) There is hereby created the Ohio advisory	4555
council for the aging, which shall consist of twelve members to be	4556
appointed by the governor with the advice and consent of the	4557
senate. Two ex officio members of the council shall be members of	4558
the house of representatives appointed by the speaker of the house	4559
of representatives and shall be members of two different political	4560
parties. Two ex officio members of the council shall be members of	4561
the senate appointed by the president of the senate and shall be	4562
members of two different political parties. The directors of	4563
mental health, ~~mental retardation and~~ developmental disabilities,	4564
health, and job and family services, or their designees, shall	4565
serve as ex officio members of the council. The council shall	4566
carry out its role as defined under the "Older Americans Act of	4567
1965," 79 Stat. 219, 42 U.S.C. 3001, as amended.	4568

At the first meeting of the council, and annually thereafter,	4569
the members shall select one of their members to serve as	4570
chairperson and one of their members to serve as vice-chairperson.	4571

(B) Members of the council shall be appointed for a term of	4572
three years, except that for the first appointment members of the	4573
Ohio commission on aging who were serving on the commission	4574
immediately prior to July 26, 1984, shall become members of the	4575
council for the remainder of their unexpired terms. Thereafter,	4576
appointment to the council shall be for a three-year term by the	4577
governor. Each member shall hold office from the date of	4578
appointment until the end of the term for which the member was	4579
appointed. Any member appointed to fill a vacancy occurring prior	4580
to the expiration of the term for which the member's predecessor	4581
was appointed shall hold office for the remainder of the term. Any	4582
member may continue in office subsequent to the expiration date of	4583
the member's term until a successor takes office and shall be	4584
compensated for the period served between the expiration of the	4585
member's term and the beginning of the successor's term.	4586

(C) Membership of the council shall represent all areas of	4587
Ohio and shall be as follows:	4588

(1) A majority of members of the council shall have attained	4589
the age of sixty and have a knowledge of and continuing interest	4590
in the affairs and welfare of the older citizens of Ohio. The	4591
fields of business, labor, health, law, and human services shall	4592
be represented in the membership.	4593

(2) No more than seven members shall be of the same political	4594
party.	4595

(D) Any member of the council may be removed from office by	4596
the governor for neglect of duty, misconduct, or malfeasance in	4597
office after being informed in writing of the charges and afforded	4598
an opportunity for a hearing. Two consecutive unexcused absences	4599
from regularly scheduled meetings constitute neglect of duty.	4600

(E) Members of the council shall be compensated at the rate	4601
of fifty dollars for each day actually employed in the discharge	4602
of official duties but not to exceed two thousand dollars per year	4603
and in addition shall be allowed actual and necessary expenses.	4604

(F) Council members are not limited as to the number of terms	4605
they may serve.	4606

(G) Council members shall not be interested directly or	4607
indirectly in any contract awarded by the department of aging.	4608

Sec. 305.14. (A) The court of common pleas, upon the	4609
application of the prosecuting attorney and the board of county	4610
commissioners, may authorize the board to employ legal counsel to	4611
assist the prosecuting attorney, the board, or any other county	4612
officer in any matter of public business coming before such board	4613
or officer, and in the prosecution or defense of any action or	4614
proceeding in which such board or officer is a party or has an	4615
interest, in its official capacity.	4616

(B) The board of county commissioners may also employ legal	4617
counsel, as provided in section 309.09 of the Revised Code, to	4618
represent it in any matter of public business coming before such	4619
board, and in the prosecution or defense of any action or	4620
proceeding in which such board is a party or has an interest, in	4621
its official capacity.	4622

(C) Notwithstanding division (A) of this section and except	4623
as provided in division (D) of this section, a county board of	4624
~~mental retardation and~~ developmental disabilities or a public	4625
children services agency may, without the authorization of the	4626
court of common pleas, employ legal counsel to advise it or to	4627
represent it or any of its members or employees in any matter of	4628
public business coming before the board or agency or in the	4629
prosecution or defense of any action or proceeding in which the	4630
board or agency in its official capacity, or a board or agency	4631
member or employee in the member's or employee's official	4632
capacity, is a party or has an interest.	4633

(D)(1) In any legal proceeding in which the prosecuting	4634
attorney is fully able to perform the prosecuting attorney's	4635
statutory duty to represent the county board of ~~mental retardation~~	4636
~~and~~ developmental disabilities or public children services agency	4637
without conflict of interest, the board or agency shall employ	4638
other counsel only with the written consent of the prosecuting	4639
attorney. In any legal proceeding in which the prosecuting	4640
attorney is unable, for any reason, to represent the board or	4641
agency, the prosecuting attorney shall so notify the board or	4642
agency, and, except as provided in division (D)(2) of this	4643
section, the board or agency may then employ counsel for the	4644
proceeding without further permission from any authority.	4645

(2) A public children services agency that receives money	4646
from the county general revenue fund must obtain the permission of	4647
the board of county commissioners of the county served by the	4648
agency before employing counsel under division (C) of this	4649
section.	4650

Sec. 307.10. (A) No sale of real property, or lease of real	4651
property used or to be used for the purpose of airports, landing	4652
fields, or air navigational facilities, or parts thereof, as	4653
provided by section 307.09 of the Revised Code shall be made	4654
unless it is authorized by a resolution adopted by a majority of	4655
the board of county commissioners. When a sale of real property as	4656
provided by section 307.09 of the Revised Code is authorized, the	4657
board may either deed the property to the highest responsible	4658
bidder, after advertisement once a week for four consecutive weeks	4659
in a newspaper of general circulation in the county or offer the	4660
real property for sale at a public auction, after giving at least	4661
thirty days' notice of the auction by publication in a newspaper	4662
of general circulation in the county. The board may reject any and	4663
all bids. The board may, as it considers best, sell real property	4664
pursuant to this section as an entire tract or in parcels. The	4665
board, by resolution adopted by a majority of the board, may lease	4666
real property, in accordance with division (A) of section 307.09	4667
of the Revised Code, without advertising for bids.	4668

(B) The board, by resolution, may transfer real property in	4669
fee simple belonging to the county and not needed for public use	4670
to the United States government, to the state or any department or	4671
agency thereof, to municipal corporations or other political	4672
subdivisions of the state, to the county board of ~~mental~~	4673
~~retardation and~~ developmental disabilities, or to a county land	4674
reutilization corporation organized under Chapter 1724. of the	4675
Revised Code for public purposes upon the terms and in the manner	4676
that it may determine to be in the best interests of the county,	4677
without advertising for bids. The board shall execute a deed or	4678
other proper instrument when such a transfer is approved.	4679

(C) The board, by resolution adopted by a majority of the	4680
board, may grant leases, rights, or easements to the United States	4681
government, to the state or any department or agency thereof, or	4682
to municipal corporations and other political subdivisions of the	4683
state, or to privately owned electric light and power companies,	4684
natural gas companies, or telephone or telegraph companies for	4685
purposes of rendering their several public utilities services, in	4686
accordance with division (B) of section 307.09 of the Revised	4687
Code, without advertising for bids. When such grant of lease,	4688
right, or easement is authorized, a deed or other proper	4689
instrument therefor shall be executed by the board.	4690

Sec. 307.86. Anything to be purchased, leased, leased with	4691
an option or agreement to purchase, or constructed, including, but	4692
not limited to, any product, structure, construction,	4693
reconstruction, improvement, maintenance, repair, or service,	4694
except the services of an accountant, architect, attorney at law,	4695
physician, professional engineer, construction project manager,	4696
consultant, surveyor, or appraiser, by or on behalf of the county	4697
or contracting authority, as defined in section 307.92 of the	4698
Revised Code, at a cost in excess of twenty-five thousand dollars,	4699
except as otherwise provided in division (D) of section 713.23 and	4700
in sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 307.041,	4701
307.861, 339.05, 340.03, 340.033, 4115.31 to 4115.35, 5119.16,	4702
5513.01, 5543.19, 5713.01, and 6137.05 of the Revised Code, shall	4703
be obtained through competitive bidding. However, competitive	4704
bidding is not required when any of the following applies:	4705

(A) The board of county commissioners, by a unanimous vote of	4706
its members, makes a determination that a real and present	4707
emergency exists, and that determination and the reasons for it	4708
are entered in the minutes of the proceedings of the board, when	4709
either of the following applies:	4710

(1) The estimated cost is less than fifty thousand dollars.

4711

(2) There is actual physical disaster to structures, radio	4712
communications equipment, or computers.	4713

For purposes of this division, "unanimous vote" means all	4714
three members of a board of county commissioners when all three	4715
members are present, or two members of the board if only two	4716
members, constituting a quorum, are present.	4717

Whenever a contract of purchase, lease, or construction is	4718
exempted from competitive bidding under division (A)(1) of this	4719
section because the estimated cost is less than fifty thousand	4720
dollars, but the estimated cost is twenty-five thousand dollars or	4721
more, the county or contracting authority shall solicit informal	4722
estimates from no fewer than three persons who could perform the	4723
contract, before awarding the contract. With regard to each such	4724
contract, the county or contracting authority shall maintain a	4725
record of such estimates, including the name of each person from	4726
whom an estimate is solicited. The county or contracting authority	4727
shall maintain the record for the longer of at least one year	4728
after the contract is awarded or the amount of time the federal	4729
government requires.	4730

(B)(1) The purchase consists of supplies or a replacement or	4731
supplemental part or parts for a product or equipment owned or	4732
leased by the county, and the only source of supply for the	4733
supplies, part, or parts is limited to a single supplier.	4734

(2) The purchase consists of services related to information	4735
technology, such as programming services, that are proprietary or	4736
limited to a single source.	4737

(C) The purchase is from the federal government, the state,	4738
another county or contracting authority of another county, or a	4739
board of education, township, or municipal corporation.	4740

(D) The purchase is made by a county department of job and	4741
family services under section 329.04 of the Revised Code and	4742
consists of family services duties or workforce development	4743
activities or is made by a county board of ~~mental retardation and~~	4744
developmental disabilities under section 5126.05 of the Revised	4745
Code and consists of program services, such as direct and	4746
ancillary client services, child care, case management services,	4747
residential services, and family resource services.	4748

(E) The purchase consists of criminal justice services,	4749
social services programs, family services, or workforce	4750
development activities by the board of county commissioners from	4751
nonprofit corporations or associations under programs funded by	4752
the federal government or by state grants.	4753

(F) The purchase consists of any form of an insurance policy	4754
or contract authorized to be issued under Title XXXIX of the	4755
Revised Code or any form of health care plan authorized to be	4756
issued under Chapter 1751. of the Revised Code, or any combination	4757
of such policies, contracts, plans, or services that the	4758
contracting authority is authorized to purchase, and the	4759
contracting authority does all of the following:	4760

(1) Determines that compliance with the requirements of this	4761
section would increase, rather than decrease, the cost of the	4762
purchase;	4763

(2) Requests issuers of the policies, contracts, plans, or	4764
services to submit proposals to the contracting authority, in a	4765
form prescribed by the contracting authority, setting forth the	4766
coverage and cost of the policies, contracts, plans, or services	4767
as the contracting authority desires to purchase;	4768

(3) Negotiates with the issuers for the purpose of purchasing	4769
the policies, contracts, plans, or services at the best and	4770
lowest price reasonably possible.	4771

(G) The purchase consists of computer hardware, software, or	4772
consulting services that are necessary to implement a computerized	4773
case management automation project administered by the Ohio	4774
prosecuting attorneys association and funded by a grant from the	4775
federal government.	4776

(H) Child care services are purchased for provision to county	4777
employees.	4778

(I)(1) Property, including land, buildings, and other real	4779
property, is leased for offices, storage, parking, or other	4780
purposes, and all of the following apply:	4781

(a) The contracting authority is authorized by the Revised	4782
Code to lease the property.	4783

(b) The contracting authority develops requests for proposals	4784
for leasing the property, specifying the criteria that will be	4785
considered prior to leasing the property, including the desired	4786
size and geographic location of the property.	4787

(c) The contracting authority receives responses from	4788
prospective lessors with property meeting the criteria specified	4789
in the requests for proposals by giving notice in a manner	4790
substantially similar to the procedures established for giving	4791
notice under section 307.87 of the Revised Code.	4792

(d) The contracting authority negotiates with the prospective	4793
lessors to obtain a lease at the best and lowest price reasonably	4794
possible considering the fair market value of the property and any	4795
relocation and operational costs that may be incurred during the	4796
period the lease is in effect.	4797

(2) The contracting authority may use the services of a real	4798
estate appraiser to obtain advice, consultations, or other	4799
recommendations regarding the lease of property under this	4800
division.	4801

(J) The purchase is made pursuant to section 5139.34 or	4802
sections 5139.41 to 5139.46 of the Revised Code and is of programs	4803
or services that provide case management, treatment, or prevention	4804
services to any felony or misdemeanant delinquent, unruly youth,	4805
or status offender under the supervision of the juvenile court,	4806
including, but not limited to, community residential care, day	4807
treatment, services to children in their home, or electronic	4808
monitoring.	4809

(K) The purchase is made by a public children services agency	4810
pursuant to section 307.92 or 5153.16 of the Revised Code and	4811
consists of family services, programs, or ancillary services that	4812
provide case management, prevention, or treatment services for	4813
children at risk of being or alleged to be abused, neglected, or	4814
dependent children.	4815

(L) The purchase is to obtain the services of emergency	4816
medical service organizations under a contract made by the board	4817
of county commissioners pursuant to section 307.05 of the Revised	4818
Code with a joint emergency medical services district.	4819

(M) The county contracting authority determines that the use	4820
of competitive sealed proposals would be advantageous to the	4821
county and the contracting authority complies with section 307.862	4822
of the Revised Code.	4823

Any issuer of policies, contracts, plans, or services listed	4824
in division (F) of this section and any prospective lessor under	4825
division (I) of this section may have the issuer's or prospective	4826
lessor's name and address, or the name and address of an agent,	4827
placed on a special notification list to be kept by the	4828
contracting authority, by sending the contracting authority that	4829
name and address. The contracting authority shall send notice to	4830
all persons listed on the special notification list. Notices shall	4831
state the deadline and place for submitting proposals. The	4832
contracting authority shall mail the notices at least six weeks	4833
prior to the deadline set by the contracting authority for	4834
submitting proposals. Every five years the contracting authority	4835
may review this list and remove any person from the list after	4836
mailing the person notification of that action.	4837

Any contracting authority that negotiates a contract under	4838
division (F) of this section shall request proposals and negotiate	4839
with issuers in accordance with that division at least every	4840
three years from the date of the signing of such a contract,	4841
unless the parties agree upon terms for extensions or renewals of	4842
the contract. Such extension or renewal periods shall not exceed	4843
six years from the date the initial contract is signed.	4844

Any real estate appraiser employed pursuant to division (I)	4845
of this section shall disclose any fees or compensation received	4846
from any source in connection with that employment.	4847

Sec. 309.10. Sections 309.08 and 309.09 of the Revised Code	4848
do not prevent a school board from employing counsel to represent	4849
it, but when counsel is employed, the counsel shall be paid by the	4850
school board from the school fund. Sections 309.08 and 309.09 of	4851
the Revised Code do not prevent a county board of ~~mental~~	4852
~~retardation and~~ developmental disabilities from employing counsel	4853
to represent it, but that counsel shall be employed in accordance	4854
with division (C) of section 305.14 and paid in accordance with	4855
division (A)(7) of section 5126.05 of the Revised Code.	4856

Sections 309.08 and 309.09 of the Revised Code do not prevent	4857
a board of county hospital trustees from employing counsel with	4858
the approval of the county commissioners to bring legal action for	4859
the collection of delinquent accounts of the hospital, but when	4860
counsel is employed, the counsel shall be paid from the hospital's	4861
funds. Sections 309.08 and 309.09 of the Revised Code do not	4862
prevent a board of library trustees from employing counsel to	4863
represent it, but when counsel is employed, the counsel shall be	4864
paid from the library's funds. Sections 309.08 and 309.09 of the	4865
Revised Code do not prevent the appointment and employment of	4866
assistants, clerks, and stenographers to assist the prosecuting	4867
attorney as provided in sections 309.01 to 309.16 of the Revised	4868
Code, or the appointment by the court of common pleas or the court	4869
of appeals of an attorney to assist the prosecuting attorney in	4870
the trial of a criminal cause pending in that court, or the board	4871
of county commissioners from paying for those services.	4872

Sec. 319.16. The county auditor shall issue warrants,	4873
including electronic warrants authorizing direct deposit for	4874
payment of county obligations in accordance with division (F) of	4875
section 9.37 of the Revised Code, on the county treasurer for all	4876
moneys payable from the county treasury, upon presentation of the	4877
proper order or voucher and evidentiary matter for the moneys, and	4878
keep a record of all such warrants showing the number, date of	4879
issue, amount for which drawn, in whose favor, for what purpose,	4880
and on what fund. The auditor shall not issue a warrant for the	4881
payment of any claim against the county, unless it is allowed by	4882
the board of county commissioners, except where the amount due is	4883
fixed by law or is allowed by an officer or tribunal, including a	4884
county board of mental health or county board of ~~mental~~	4885
~~retardation and~~ developmental disabilities, so authorized by law.	4886
If the auditor questions the validity of an expenditure that is	4887
within available appropriations and for which a proper order or	4888
voucher and evidentiary matter is presented, the auditor shall	4889
notify the board, officer, or tribunal who presented the voucher.	4890
If the board, officer, or tribunal determines that the expenditure	4891
is valid and the auditor continues to refuse to issue the	4892
appropriate warrant on the county treasury, a writ of mandamus may	4893
be sought. The court shall issue a writ of mandamus for issuance	4894
of the warrant if the court determines that the claim is valid.	4895

Evidentiary matter includes original invoices, receipts,	4896
bills and checks, and legible copies of contracts.	4897

Sec. 325.19. (A)(1) The granting of vacation leave under	4898
division (A)(1) of this section is subject to divisions (A)(2) and	4899
(3) of this section. Each full-time employee in the several	4900
offices and departments of the county service, including full-time	4901
hourly rate employees, after service of one year with the county	4902
or any political subdivision of the state, shall have earned and	4903
will be due upon the attainment of the first year of employment,	4904
and annually thereafter, eighty hours of vacation leave with full	4905
pay. One year of service shall be computed on the basis of	4906
twenty-six biweekly pay periods. A full-time county employee with	4907
eight or more years of service with the county or any political	4908
subdivision of the state shall have earned and is entitled to one	4909
hundred twenty hours of vacation leave with full pay. A full-time	4910
county employee with fifteen or more years of service with the	4911
county or any political subdivision of the state shall have earned	4912
and is entitled to one hundred sixty hours of vacation leave with	4913
full pay. A full-time county employee with twenty-five years of	4914
service with the county or any political subdivision of the state	4915
shall have earned and is entitled to two hundred hours of vacation	4916
leave with full pay. Such vacation leave shall accrue to the	4917
employee at the rate of three and one-tenth hours each biweekly	4918
period for those entitled to eighty hours per year; four and	4919
six-tenths hours each biweekly period for those entitled to one	4920
hundred twenty hours per year; six and two-tenths hours each	4921
biweekly period for those entitled to one hundred sixty hours per	4922
year; and seven and seven-tenths hours each biweekly period for	4923
those entitled to two hundred hours per year.	4924

The appointing authorities of the offices and departments of	4925
the county service may permit all or any part of a person's prior	4926
service with any regional council of government established in	4927
accordance with Chapter 167. of the Revised Code to be considered	4928
service with the county or a political subdivision of the state	4929
for the purpose of determining years of service under this	4930
division.	4931

(2) Full-time employees granted vacation leave under division	4932
(A)(1) of this section who render any standard of service other	4933
than forty hours per week as described in division (J) of this	4934
section and who are in active pay status in a biweekly pay period,	4935
shall accrue a number of hours of vacation leave during each such	4936
pay period that bears the same ratio to the number of hours	4937
specified in division (A)(1) of this section as their number of	4938
hours which are accepted as full-time in active pay status,	4939
excluding overtime hours, bears to eighty hours.	4940

(3) Full-time employees granted vacation leave under division	4941
(A)(1) of this section who are in active pay status in a biweekly	4942
pay period for less than eighty hours or the number of hours of	4943
service otherwise accepted as full-time by their employing office	4944
or department shall accrue a number of hours of vacation leave	4945
during that pay period that bears the same ratio to the number of	4946
hours specified in division (A)(1) of this section as their number	4947
of hours in active pay status, excluding overtime hours, bears to	4948
eighty or the number of hours of service accepted as full-time,	4949
whichever is applicable.	4950

(B) A board of county commissioners, by resolution, may grant	4951
vacation leave with full pay to part-time county employees. A	4952
part-time county employee shall be eligible for vacation leave	4953
with full pay upon the attainment of the first year of employment,	4954
and annually thereafter. The ratio between the hours worked and	4955
the vacation hours awarded to a part-time employee shall be the	4956
same as the ratio between the hours worked and the vacation hours	4957
earned by a full-time employee as provided for in this section.	4958

(C) Days specified as holidays in section 124.19 of the	4959
Revised Code shall not be charged to an employee's vacation leave.	4960
Vacation leave shall be taken by the employee during the year in	4961
which it accrued and prior to the next recurrence of the	4962
anniversary date of the employee's employment, provided that the	4963
appointing authority may, in special and meritorious cases, permit	4964
such employee to accumulate and carry over the employee's vacation	4965
leave to the following year. No vacation leave shall be carried	4966
over for more than three years. An employee is entitled to	4967
compensation, at the employee's current rate of pay, for the	4968
prorated portion of any earned but unused vacation leave for the	4969
current year to the employee's credit at time of separation, and	4970
in addition shall be compensated for any unused vacation leave	4971
accrued to the employee's credit, with the permission of the	4972
appointing authority, for the three years immediately preceding	4973
the last anniversary date of employment.	4974

(D)(1) In addition to vacation leave, a full-time county	4975
employee is entitled to eight hours of holiday pay for New Year's	4976
day, Martin Luther King day, Washington-Lincoln day, Memorial day,	4977
Independence day, Labor day, Columbus day, Veterans' day,	4978
Thanksgiving day, and Christmas day, of each year. Except as	4979
provided in division (D)(2) of this section, holidays shall occur	4980
on the days specified in section 1.14 of the Revised Code. If any	4981
of those holidays fall on Saturday, the Friday immediately	4982
preceding shall be observed as the holiday. If any of those	4983
holidays fall on Sunday, the Monday immediately succeeding shall	4984
be observed as the holiday. If an employee's work schedule is	4985
other than Monday through Friday, the employee is entitled to	4986
holiday pay for holidays observed on the employee's day off	4987
regardless of the day of the week on which they are observed.	4988

(2)(a) When a classified employee of a county board of ~~mental~~	4989
~~retardation and~~ developmental disabilities works at a site	4990
maintained by a government entity other than the board, such as a	4991
public school, the board may adjust the employee's holiday	4992
schedule to conform to the schedule adopted by the government	4993
entity. Under an adjusted holiday schedule, an employee shall	4994
receive the number of hours of holiday pay granted under division	4995
(D)(1) of this section.	4996

(b) Pursuant to division (J)(6) of section 339.06 of the	4997
Revised Code, a county hospital may observe Martin Luther King	4998
day, Washington-Lincoln day, Columbus day, and Veterans' day on	4999
days other than those specified in section 1.14 of the Revised	5000
Code.	5001

(E) In the case of the death of a county employee, the unused	5002
vacation leave and unpaid overtime to the credit of the employee	5003
shall be paid in accordance with section 2113.04 of the Revised	5004
Code, or to the employee's estate.	5005

(F) Notwithstanding this section or any other section of the	5006
Revised Code, any appointing authority of a county office,	5007
department, commission, board, or body may, upon notification to	5008
the board of county commissioners, establish alternative schedules	5009
of vacation leave and holidays for employees of the appointing	5010
authority for whom the state employment relations board has not	5011
established an appropriate bargaining unit pursuant to section	5012
4117.06 of the Revised Code, as long as the alternative schedules	5013
are not inconsistent with the provisions of at least one	5014
collective bargaining agreement covering other employees of that	5015
appointing authority, if such an agreement exists. If no such	5016
collective bargaining agreement exists, an appointing authority,	5017
upon notification to the board of county commissioners, may	5018
establish an alternative schedule of vacation leave and holidays	5019
for its employees that does not diminish the vacation leave and	5020
holiday benefits granted by this section.	5021

(G) The employees of a county children services board that	5022
establishes vacation benefits under section 5153.12 of the Revised	5023
Code are exempt from division (A) of this section.	5024

(H) The provisions of this section do not apply to	5025
superintendents and management employees of county boards of	5026
~~mental retardation and~~ developmental disabilities.	5027

(I) Division (A) of this section does not apply to an	5028
employee of a county board of ~~mental retardation and~~ developmental	5029
disabilities who works at, or provides transportation services to	5030
pupils of, a special education program provided by the county	5031
board pursuant to division (A)(4) of section 5126.05 of the	5032
Revised Code, if the employee's employment is based on a school	5033
year and the employee is not subject to a contract with the county	5034
board that provides for division (A) of this section to apply to	5035
the employee.	5036

(J) As used in this section:

5037

(1) "Full-time employee" means an employee whose regular	5038
hours of service for a county total forty hours per week, or who	5039
renders any other standard of service accepted as full-time by an	5040
office, department, or agency of county service.	5041

(2) "Part-time employee" means an employee whose regular	5042
hours of service for a county total less than forty hours per	5043
week, or who renders any other standard of service accepted as	5044
part-time by an office, department, or agency of county service,	5045
and whose hours of county service total at least five hundred	5046
twenty hours annually.	5047

(3) "Management employee" has the same meaning as in section	5048
5126.20 of the Revised Code.	5049

Sec. 329.06. (A) Except as provided in division (C) of this	5050
section and section 6301.08 of the Revised Code, the board of	5051
county commissioners shall establish a county family services	5052
planning committee. The board shall appoint a member to represent	5053
the county department of job and family services; an employee in	5054
the classified civil service of the county department of job and	5055
family services, if there are any such employees; and a member to	5056
represent the public. The board shall appoint other individuals to	5057
the committee in such a manner that the committee's membership is	5058
broadly representative of the groups of individuals and the public	5059
and private entities that have an interest in the family services	5060
provided in the county. The board shall make appointments in a	5061
manner that reflects the ethnic and racial composition of the	5062
county. The following groups and entities may be represented on	5063
the committee:	5064

(1) Consumers of family services;

5065

(2) The public children services agency;

5066

(3) The child support enforcement agency;

5067

(4) The county family and children first council;

5068

(5) Public and private colleges and universities;

5069

(6) Public entities that provide family services, including	5070
boards of health, boards of education, the county board of ~~mental~~	5071
~~retardation and~~ developmental disabilities, and the board of	5072
alcohol, drug addiction, and mental health services that serves	5073
the county;	5074

(7) Private nonprofit and for-profit entities that provide	5075
family services in the county or that advocate for consumers of	5076
family services in the county, including entities that provide	5077
services to or advocate for victims of domestic violence;	5078

(8) Labor organizations;

5079

(9) Any other group or entity that has an interest in the	5080
family services provided in the county, including groups or	5081
entities that represent any of the county's business, urban, and	5082
rural sectors.	5083

(B) The county family services planning committee shall do	5084
all of the following:	5085

(1) Serve as an advisory body to the board of county	5086
commissioners with regard to the family services provided in the	5087
county, including assistance under Chapters 5107. and 5108. of the	5088
Revised Code, publicly funded child care under Chapter 5104. of	5089
the Revised Code, and social services provided under section	5090
5101.46 of the Revised Code;	5091

(2) At least once a year, review and analyze the county	5092
department of job and family services' implementation of the	5093
programs established under Chapters 5107. and 5108. of the Revised	5094
Code. In its review, the committee shall use information available	5095
to it to examine all of the following:	5096

(a) Return of assistance groups to participation in either	5097
program after ceasing to participate;	5098

(b) Teen pregnancy rates among the programs' participants;

5099

(c) The other types of assistance the programs' participants	5100
receive, including medical assistance under Chapter 5111. of the	5101
Revised Code, publicly funded child care under Chapter 5104. of	5102
the Revised Code, food stamp benefits under section 5101.54 of the	5103
Revised Code, and energy assistance under Chapter 5117. of the	5104
Revised Code;	5105

(d) Other issues the committee considers appropriate.

5106

The committee shall make recommendations to the board of	5107
county commissioners and county department of job and family	5108
services regarding the committee's findings.	5109

(3) Conduct public hearings on proposed county profiles for	5110
the provision of social services under section 5101.46 of the	5111
Revised Code;	5112

(4) At the request of the board, make recommendations and	5113
provide assistance regarding the family services provided in the	5114
county;	5115

(5) At any other time the committee considers appropriate,	5116
consult with the board and make recommendations regarding the	5117
family services provided in the county. The committee's	5118
recommendations may address the following:	5119

(a) Implementation and administration of family service	5120
programs;	5121

(b) Use of federal, state, and local funds available for	5122
family service programs;	5123

(c) Establishment of goals to be achieved by family service	5124
programs;	5125

(d) Evaluation of the outcomes of family service programs;

5126

(e) Any other matter the board considers relevant to the	5127
provision of family services.	5128

(C) If there is a committee in existence in a county on	5129
October 1, 1997, that the board of county commissioners determines	5130
is capable of fulfilling the responsibilities of a county family	5131
services planning committee, the board may designate the committee	5132
as the county's family services planning committee and the	5133
committee shall serve in that capacity.	5134

Sec. 1751.01. As used in this chapter:

5135

(A)(1) "Basic health care services" means the following	5136
services when medically necessary:	5137

(a) Physician's services, except when such services are	5138
supplemental under division (B) of this section;	5139

(b) Inpatient hospital services;

5140

5141

(d) Emergency health services;

5142

(e) Urgent care services;

5143

(f) Diagnostic laboratory services and diagnostic and	5144
therapeutic radiologic services;	5145

(g) Diagnostic and treatment services, other than	5146
prescription drug services, for biologically based mental	5147
illnesses;	5148

(h) Preventive health care services, including, but not	5149
limited to, voluntary family planning services, infertility	5150
services, periodic physical examinations, prenatal obstetrical	5151
care, and well-child care;	5152

(i) Routine patient care for patients enrolled in an eligible	5153
cancer clinical trial pursuant to section 3923.80 of the Revised	5154
Code.	5155

"Basic health care services" does not include experimental	5156
procedures.	5157

Except as provided by divisions (A)(2) and (3) of this	5158
section in connection with the offering of coverage for diagnostic	5159
and treatment services for biologically based mental illnesses, a	5160
health insuring corporation shall not offer coverage for a health	5161
care service, defined as a basic health care service by this	5162
division, unless it offers coverage for all listed basic health	5163
care services. However, this requirement does not apply to the	5164
coverage of beneficiaries enrolled in medicare pursuant to a	5165
medicare contract, or to the coverage of beneficiaries enrolled	5166
in the federal employee health benefits program pursuant to 5	5167
U.S.C.A. 8905, or to the coverage of medicaid recipients, or to	5168
the coverage of participants of the children's buy-in program, or	5169
to the coverage of beneficiaries under any federal health care	5170
program regulated by a federal regulatory body, or to the	5171
coverage of beneficiaries under any contract covering officers or	5172
employees of the state that has been entered into by the	5173
department of administrative services.	5174

(2) A health insuring corporation may offer coverage for	5175
diagnostic and treatment services for biologically based mental	5176
illnesses without offering coverage for all other basic health	5177
care services. A health insuring corporation may offer coverage	5178
for diagnostic and treatment services for biologically based	5179
mental illnesses alone or in combination with one or more	5180
supplemental health care services. However, a health insuring	5181
corporation that offers coverage for any other basic health care	5182
service shall offer coverage for diagnostic and treatment services	5183
for biologically based mental illnesses in combination with the	5184
offer of coverage for all other listed basic health care services.	5185

(3) A health insuring corporation that offers coverage for	5186
basic health care services is not required to offer coverage for	5187
diagnostic and treatment services for biologically based mental	5188
illnesses in combination with the offer of coverage for all other	5189
listed basic health care services if all of the following apply:	5190

(a) The health insuring corporation submits documentation	5191
certified by an independent member of the American academy of	5192
actuaries to the superintendent of insurance showing that incurred	5193
claims for diagnostic and treatment services for biologically	5194
based mental illnesses for a period of at least six months	5195
independently caused the health insuring corporation's costs for	5196
claims and administrative expenses for the coverage of basic	5197
health care services to increase by more than one per cent per	5198
year.	5199

(b) The health insuring corporation submits a signed letter	5200
from an independent member of the American academy of actuaries to	5201
the superintendent of insurance opining that the increase in costs	5202
described in division (A)(3)(a) of this section could reasonably	5203
justify an increase of more than one per cent in the annual	5204
premiums or rates charged by the health insuring corporation for	5205
the coverage of basic health care services.	5206

(c) The superintendent of insurance makes the following	5207
determinations from the documentation and opinion submitted	5208
pursuant to divisions (A)(3)(a) and (b) of this section:	5209

(i) Incurred claims for diagnostic and treatment services for	5210
biologically based mental illnesses for a period of at least six	5211
months independently caused the health insuring corporation's	5212
costs for claims and administrative expenses for the coverage of	5213
basic health care services to increase by more than one per cent	5214
per year.	5215

(ii) The increase in costs reasonably justifies an increase	5216
of more than one per cent in the annual premiums or rates charged	5217
by the health insuring corporation for the coverage of basic	5218
health care services.	5219

Any determination made by the superintendent under this	5220
division is subject to Chapter 119. of the Revised Code.	5221

(B)(1) "Supplemental health care services" means any health	5222
care services other than basic health care services that a health	5223
insuring corporation may offer, alone or in combination with	5224
either basic health care services or other supplemental health	5225
care services, and includes:	5226

(a) Services of facilities for intermediate or long-term	5227
care, or both;	5228

(b) Dental care services;

5229

(c) Vision care and optometric services including lenses and	5230
frames;	5231

(d) Podiatric care or foot care services;

5232

(e) Mental health services, excluding diagnostic and	5233
treatment services for biologically based mental illnesses;	5234

(f) Short-term outpatient evaluative and crisis-intervention	5235
mental health services;	5236

(g) Medical or psychological treatment and referral services	5237
for alcohol and drug abuse or addiction;	5238

(h) Home health services;

5239

(i) Prescription drug services;

5240

(j) Nursing services;

5241

(k) Services of a dietitian licensed under Chapter 4759. of	5242
the Revised Code;	5243

(l) Physical therapy services;

5244

(m) Chiropractic services;

5245

(n) Any other category of services approved by the	5246
superintendent of insurance.	5247

(2) If a health insuring corporation offers prescription	5248
drug services under this division, the coverage shall include	5249
prescription drug services for the treatment of biologically based	5250
mental illnesses on the same terms and conditions as other	5251
physical diseases and disorders.	5252

(C) "Specialty health care services" means one of the	5253
supplemental health care services listed in division (B) of this	5254
section, when provided by a health insuring corporation on an	5255
outpatient-only basis and not in combination with other	5256
supplemental health care services.	5257

(D) "Biologically based mental illnesses" means	5258
schizophrenia, schizoaffective disorder, major depressive	5259
disorder, bipolar disorder, paranoia and other psychotic	5260
disorders, obsessive-compulsive disorder, and panic disorder, as	5261
these terms are defined in the most recent edition of the	5262
diagnostic and statistical manual of mental disorders published by	5263
the American psychiatric association.	5264

(E) "Children's buy-in program" has the same meaning as in	5265
section 5101.5211 of the Revised Code.	5266

(F) "Closed panel plan" means a health care plan that	5267
requires enrollees to use participating providers.	5268

(G) "Compensation" means remuneration for the provision of	5269
health care services, determined on other than a fee-for-service	5270
or discounted-fee-for-service basis.	5271

(H) "Contractual periodic prepayment" means the formula for	5272
determining the premium rate for all subscribers of a health	5273
insuring corporation.	5274

(I) "Corporation" means a corporation formed under Chapter	5275
1701. or 1702. of the Revised Code or the similar laws of another	5276
state.	5277

(J) "Emergency health services" means those health care	5278
services that must be available on a seven-days-per-week,	5279
twenty-four-hours-per-day basis in order to prevent jeopardy to an	5280
enrollee's health status that would occur if such services were	5281
not received as soon as possible, and includes, where appropriate,	5282
provisions for transportation and indemnity payments or service	5283
agreements for out-of-area coverage.	5284

(K) "Enrollee" means any natural person who is entitled to	5285
receive health care benefits provided by a health insuring	5286
corporation.	5287

(L) "Evidence of coverage" means any certificate, agreement,	5288
policy, or contract issued to a subscriber that sets out the	5289
coverage and other rights to which such person is entitled under	5290
a health care plan.	5291

(M) "Health care facility" means any facility, except a	5292
health care practitioner's office, that provides preventive,	5293
diagnostic, therapeutic, acute convalescent, rehabilitation,	5294
mental health, mental retardation, intermediate care, or skilled	5295
nursing services.	5296

(N) "Health care services" means basic, supplemental, and	5297
specialty health care services.	5298

(O) "Health delivery network" means any group of providers	5299
or health care facilities, or both, or any representative thereof,	5300
that have entered into an agreement to offer health care services	5301
in a panel rather than on an individual basis.	5302

(P) "Health insuring corporation" means a corporation, as	5303
defined in division (I) of this section, that, pursuant to a	5304
policy, contract, certificate, or agreement, pays for, reimburses,	5305
or provides, delivers, arranges for, or otherwise makes available,	5306
basic health care services, supplemental health care services, or	5307
specialty health care services, or a combination of basic health	5308
care services and either supplemental health care services or	5309
specialty health care services, through either an open panel plan	5310
or a closed panel plan.	5311

"Health insuring corporation" does not include a limited	5312
liability company formed pursuant to Chapter 1705. of the Revised	5313
Code, an insurer licensed under Title XXXIX of the Revised Code if	5314
that insurer offers only open panel plans under which all	5315
providers and health care facilities participating receive their	5316
compensation directly from the insurer, a corporation formed by or	5317
on behalf of a political subdivision or a department, office, or	5318
institution of the state, or a public entity formed by or on	5319
behalf of a board of county commissioners, a county board of	5320
~~mental retardation and~~ developmental disabilities, an alcohol and	5321
drug addiction services board, a board of alcohol, drug addiction,	5322
and mental health services, or a community mental health board, as	5323
those terms are used in Chapters 340. and 5126. of the Revised	5324
Code. Except as provided by division (D) of section 1751.02 of	5325
the Revised Code, or as otherwise provided by law, no board,	5326
commission, agency, or other entity under the control of a	5327
political subdivision may accept insurance risk in providing for	5328
health care services. However, nothing in this division shall be	5329
construed as prohibiting such entities from purchasing the	5330
services of a health insuring corporation or a third-party	5331
administrator licensed under Chapter 3959. of the Revised Code.	5332

(Q) "Intermediary organization" means a health delivery	5333
network or other entity that contracts with licensed health	5334
insuring corporations or self-insured employers, or both, to	5335
provide health care services, and that enters into contractual	5336
arrangements with other entities for the provision of health care	5337
services for the purpose of fulfilling the terms of its contracts	5338
with the health insuring corporations and self-insured employers.	5339

(R) "Intermediate care" means residential care above the	5340
level of room and board for patients who require personal	5341
assistance and health-related services, but who do not require	5342
skilled nursing care.	5343

(S) "Medicaid" has the same meaning as in section 5111.01 of	5344
the Revised Code.	5345

(T) "Medical record" means the personal information that	5346
relates to an individual's physical or mental condition, medical	5347
history, or medical treatment.	5348

(U) "Medicare" means the program established under Title	5349
XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C.	5350
1395, as amended.	5351

(V)(1) "Open panel plan" means a health care plan that	5352
provides incentives for enrollees to use participating providers	5353
and that also allows enrollees to use providers that are not	5354
participating providers.	5355

(2) No health insuring corporation may offer an open panel	5356
plan, unless the health insuring corporation is also licensed as	5357
an insurer under Title XXXIX of the Revised Code, the health	5358
insuring corporation, on June 4, 1997, holds a certificate of	5359
authority or license to operate under Chapter 1736. or 1740. of	5360
the Revised Code, or an insurer licensed under Title XXXIX of the	5361
Revised Code is responsible for the out-of-network risk as	5362
evidenced by both an evidence of coverage filing under section	5363
1751.11 of the Revised Code and a policy and certificate filing	5364
under section 3923.02 of the Revised Code.	5365

(W) "Panel" means a group of providers or health care	5366
facilities that have joined together to deliver health care	5367
services through a contractual arrangement with a health insuring	5368
corporation, employer group, or other payor.	5369

(X) "Person" has the same meaning as in section 1.59 of the	5370
Revised Code, and, unless the context otherwise requires, includes	5371
any insurance company holding a certificate of authority under	5372
Title XXXIX of the Revised Code, any subsidiary and affiliate of	5373
an insurance company, and any government agency.	5374

(Y) "Premium rate" means any set fee regularly paid by a	5375
subscriber to a health insuring corporation. A "premium rate" does	5376
not include a one-time membership fee, an annual administrative	5377
fee, or a nominal access fee, paid to a managed health care system	5378
under which the recipient of health care services remains solely	5379
responsible for any charges accessed for those services by the	5380
provider or health care facility.	5381

(Z) "Primary care provider" means a provider that is	5382
designated by a health insuring corporation to supervise,	5383
coordinate, or provide initial care or continuing care to an	5384
enrollee, and that may be required by the health insuring	5385
corporation to initiate a referral for specialty care and to	5386
maintain supervision of the health care services rendered to the	5387
enrollee.	5388

(AA) "Provider" means any natural person or partnership of	5389
natural persons who are licensed, certified, accredited, or	5390
otherwise authorized in this state to furnish health care	5391
services, or any professional association organized under Chapter	5392
1785. of the Revised Code, provided that nothing in this chapter	5393
or other provisions of law shall be construed to preclude a health	5394
insuring corporation, health care practitioner, or organized	5395
health care group associated with a health insuring corporation	5396
from employing certified nurse practitioners, certified nurse	5397
anesthetists, clinical nurse specialists, certified nurse	5398
midwives, dietitians, physician assistants, dental assistants,	5399
dental hygienists, optometric technicians, or other allied health	5400
personnel who are licensed, certified, accredited, or otherwise	5401
authorized in this state to furnish health care services.	5402

(BB) "Provider sponsored organization" means a corporation,	5403
as defined in division (I) of this section, that is at least	5404
eighty per cent owned or controlled by one or more hospitals, as	5405
defined in section 3727.01 of the Revised Code, or one or more	5406
physicians licensed to practice medicine or surgery or	5407
osteopathic medicine and surgery under Chapter 4731. of the	5408
Revised Code, or any combination of such physicians and hospitals.	5409
Such control is presumed to exist if at least eighty per cent of	5410
the voting rights or governance rights of a provider sponsored	5411
organization are directly or indirectly owned, controlled, or	5412
otherwise held by any combination of the physicians and hospitals	5413
described in this division.	5414

(CC) "Solicitation document" means the written materials	5415
provided to prospective subscribers or enrollees, or both, and	5416
used for advertising and marketing to induce enrollment in the	5417
health care plans of a health insuring corporation.	5418

(DD) "Subscriber" means a person who is responsible for	5419
making payments to a health insuring corporation for participation	5420
in a health care plan, or an enrollee whose employment or other	5421
status is the basis of eligibility for enrollment in a health	5422
insuring corporation.	5423

(EE) "Urgent care services" means those health care services	5424
that are appropriately provided for an unforeseen condition of a	5425
kind that usually requires medical attention without delay but	5426
that does not pose a threat to the life, limb, or permanent	5427
health of the injured or ill person, and may include such health	5428
care services provided out of the health insuring corporation's	5429
approved service area pursuant to indemnity payments or service	5430
agreements.	5431

Sec. 1751.02. (A) Notwithstanding any law in this state to	5432
the contrary, any corporation, as defined in section 1751.01 of	5433
the Revised Code, may apply to the superintendent of insurance for	5434
a certificate of authority to establish and operate a health	5435
insuring corporation. If the corporation applying for a	5436
certificate of authority is a foreign corporation domiciled in a	5437
state without laws similar to those of this chapter, the	5438
corporation must form a domestic corporation to apply for, obtain,	5439
and maintain a certificate of authority under this chapter.	5440

(B) No person shall establish, operate, or perform the	5441
services of a health insuring corporation in this state without	5442
obtaining a certificate of authority under this chapter.	5443

(C) Except as provided by division (D) of this section, no	5444
political subdivision or department, office, or institution of	5445
this state, or corporation formed by or on behalf of any political	5446
subdivision or department, office, or institution of this state,	5447
shall establish, operate, or perform the services of a health	5448
insuring corporation. Nothing in this section shall be construed	5449
to preclude a board of county commissioners, a county board of	5450
~~mental retardation and~~ developmental disabilities, an alcohol and	5451
drug addiction services board, a board of alcohol, drug addiction,	5452
and mental health services, or a community mental health board, or	5453
a public entity formed by or on behalf of any of these boards,	5454
from using managed care techniques in carrying out the board's or	5455
public entity's duties pursuant to the requirements of Chapters	5456
307., 329., 340., and 5126. of the Revised Code. However, no such	5457
board or public entity may operate so as to compete in the private	5458
sector with health insuring corporations holding certificates of	5459
authority under this chapter.	5460

(D) A corporation formed by or on behalf of a publicly owned,	5461
operated, or funded hospital or health care facility may apply to	5462
the superintendent for a certificate of authority under division	5463
(A) of this section to establish and operate a health insuring	5464
corporation.	5465

(E) A health insuring corporation shall operate in this state	5466
in compliance with this chapter and Chapter 1753. of the Revised	5467
Code, and with sections 3702.51 to 3702.62 of the Revised Code,	5468
and shall operate in conformity with its filings with the	5469
superintendent under this chapter, including filings made pursuant	5470
to sections 1751.03, 1751.11, 1751.12, and 1751.31 of the Revised	5471
Code.	5472

(F) An insurer licensed under Title XXXIX of the Revised Code	5473
need not obtain a certificate of authority as a health insuring	5474
corporation to offer an open panel plan as long as the providers	5475
and health care facilities participating in the open panel plan	5476
receive their compensation directly from the insurer. If the	5477
providers and health care facilities participating in the open	5478
panel plan receive their compensation from any person other than	5479
the insurer, or if the insurer offers a closed panel plan, the	5480
insurer must obtain a certificate of authority as a health	5481
insuring corporation.	5482

(G) An intermediary organization need not obtain a	5483
certificate of authority as a health insuring corporation,	5484
regardless of the method of reimbursement to the intermediary	5485
organization, as long as a health insuring corporation or a	5486
self-insured employer maintains the ultimate responsibility to	5487
assure delivery of all health care services required by the	5488
contract between the health insuring corporation and the	5489
subscriber and the laws of this state or between the self-insured	5490
employer and its employees.	5491

Nothing in this section shall be construed to require any	5492
health care facility, provider, health delivery network, or	5493
intermediary organization that contracts with a health insuring	5494
corporation or self-insured employer, regardless of the method of	5495
reimbursement to the health care facility, provider, health	5496
delivery network, or intermediary organization, to obtain a	5497
certificate of authority as a health insuring corporation under	5498
this chapter, unless otherwise provided, in the case of contracts	5499
with a self-insured employer, by operation of the "Employee	5500
Retirement Income Security Act of 1974," 88 Stat. 829, 29 U.S.C.A.	5501
1001, as amended.	5502

(H) Any health delivery network doing business in this state,	5503
including any health delivery network that is functioning as an	5504
intermediary organization doing business in this state, that is	5505
not required to obtain a certificate of authority under this	5506
chapter shall certify to the superintendent annually, not later	5507
than the first day of July, and shall provide a statement signed	5508
by the highest ranking official which includes the following	5509
information:	5510

(1) The health delivery network's full name and the address	5511
of its principal place of business;	5512

(2) A statement that the health delivery network is not	5513
required to obtain a certificate of authority under this chapter	5514
to conduct its business.	5515

(I) The superintendent shall not issue a certificate of	5516
authority to a health insuring corporation that is a provider	5517
sponsored organization unless all health care plans to be offered	5518
by the health insuring corporation provide basic health care	5519
services. Substantially all of the physicians and hospitals with	5520
ownership or control of the provider sponsored organization, as	5521
defined in section 1751.01 of the Revised Code, shall also be	5522
participating providers for the provision of basic health care	5523
services for health care plans offered by the provider sponsored	5524
organization. If a health insuring corporation that is a provider	5525
sponsored organization offers health care plans that do not	5526
provide basic health care services, the health insuring	5527
corporation shall be deemed, for purposes of section 1751.35 of	5528
the Revised Code, to have failed to substantially comply with this	5529
chapter.	5530

Except as specifically provided in this division and in	5531
division (A) of section 1751.28 of the Revised Code, the	5532
provisions of this chapter shall apply to all health insuring	5533
corporations that are provider sponsored organizations in the same	5534
manner that these provisions apply to all health insuring	5535
corporations that are not provider sponsored organizations.	5536

(J) Nothing in this section shall be construed to apply to	5537
any multiple employer welfare arrangement operating pursuant to	5538
Chapter 1739. of the Revised Code.	5539

(K) Any person who violates division (B) of this section, and	5540
any health delivery network that fails to comply with division (H)	5541
of this section, is subject to the penalties set forth in section	5542
1751.45 of the Revised Code.	5543

Sec. 2108.521. (A) If a mentally retarded person or a	5544
developmentally disabled person dies, if the department of ~~mental~~	5545
~~retardation and~~ developmental disabilities or a county board of	5546
~~mental retardation and~~ developmental disabilities has a good faith	5547
reason to believe that the deceased person's death occurred under	5548
suspicious circumstances, if the coroner was apprised of the	5549
circumstances of the death, and if the coroner after being so	5550
apprised of the circumstances declines to conduct an autopsy, the	5551
department or the board may file a petition in a court of common	5552
pleas seeking an order authorizing an autopsy or post-mortem	5553
examination under this section.	5554

(B) Upon the filing of a petition under division (A) of this	5555
section, the court may conduct, but is not required to conduct, a	5556
hearing on the petition. The court may determine whether to grant	5557
the petition without a hearing. The department or board, and all	5558
other interested parties, may submit information and statements to	5559
the court that are relevant to the petition, and, if the court	5560
conducts a hearing, may present evidence and testimony at the	5561
hearing. The court shall order the requested autopsy or	5562
post-mortem examination if it finds that, under the circumstances,	5563
the department or board has demonstrated a need for the autopsy or	5564
post-mortem examination. The court shall order an autopsy or	5565
post-mortem examination in the circumstances specified in this	5566
division regardless of whether any consent has been given, or has	5567
been given and withdrawn, under section 2108.50 of the Revised	5568
Code, and regardless of whether any information was presented to	5569
the coroner pursuant to section 313.131 of the Revised Code or to	5570
the court under this section regarding an autopsy being contrary	5571
to the deceased person's religious beliefs.	5572

(C) An autopsy or post-mortem examination ordered under this	5573
section may be performed upon the body of the deceased person by a	5574
licensed physician or surgeon. The court may identify in the order	5575
the person who is to perform the autopsy or post-mortem	5576
examination. If an autopsy or post-mortem examination is ordered	5577
under this section, the department or board that requested the	5578
autopsy or examination shall pay the physician or surgeon who	5579
performs the autopsy or examination for costs and expenses	5580
incurred in performing the autopsy or examination.	5581

Sec. 2109.01. "Fiduciary," as used in Chapters 2101. to	5582
2131. of the Revised Code, means any person, other than an	5583
assignee or trustee for an insolvent debtor or a guardian under	5584
sections 5905.01 to 5905.19 of the Revised Code, appointed by and	5585
accountable to the probate court and acting in a fiduciary	5586
capacity for any person, or charged with duties in relation to any	5587
property, interest, trust, or estate for the benefit of another;	5588
and includes an agency under contract with the department of	5589
~~mental retardation and~~ developmental disabilities for the	5590
provision of protective service under sections 5123.55 to 5123.59	5591
of the Revised Code, appointed by and accountable to the probate	5592
court as guardian or trustee with respect to mentally retarded or	5593
developmentally disabled persons.	5594

Sec. 2109.04. (A)(1) Unless otherwise provided by law, every	5595
fiduciary, prior to the issuance of ~~his~~the fiduciary's letters as	5596
provided by section 2109.02 of the Revised Code, shall file in the	5597
probate court in which the letters are to be issued a bond with a	5598
penal sum in such amount as may be fixed by the court, but in no	5599
event less than double the probable value of the personal estate	5600
and of the annual real estate rentals which will come into such	5601
person's hands as a fiduciary. The bond of a fiduciary shall be in	5602
a form approved by the court and signed by two or more personal	5603
sureties or by one or more corporate sureties approved by the	5604
court. It shall be conditioned that the fiduciary faithfully and	5605
honestly will discharge the duties devolving upon ~~him~~the person	5606
as fiduciary, and shall be conditioned further as may be provided	5607
by law.	5608

(2) Except as otherwise provided in this division, if the	5609
instrument creating the trust dispenses with the giving of a bond,	5610
the court shall appoint a fiduciary without bond, unless the court	5611
is of the opinion that the interest of the trust demands it. If	5612
the court is of that opinion, it may require bond to be given in	5613
any amount it fixes. If a parent nominates a guardian for ~~his~~the	5614
parent's child in a will and provides in the will that the	5615
guardian may serve without giving bond, the court may appoint the	5616
guardian without bond or require the guardian to give bond in	5617
accordance with division (A)(1) of this section.	5618

(3) A guardian of the person only does not have to give bond	5619
unless, for good cause shown, the court considers a bond to be	5620
necessary. When a bond is required of a guardian of the person	5621
only, it shall be determined and filed in accordance with division	5622
(A)(1) of this section. This division does not apply to a guardian	5623
of the person only nominated in a parent's will if the will	5624
provides that the guardian may serve without giving bond.	5625

(4) When the probable value of the personal estate and of the	5626
annual real estate rentals that will come into the guardian's	5627
hands as a fiduciary is less than ten thousand dollars, the court	5628
may waive or reduce a bond required by division (A)(1) of this	5629
section.	5630

(B) When an executive director who is responsible for the	5631
administration of children services in the county is appointed as	5632
trustee of the estate of a ward pursuant to section 5153.18 of the	5633
Revised Code and has furnished bond under section 5153.13 of the	5634
Revised Code, or when an agency under contract with the department	5635
of ~~mental retardation and~~ developmental disabilities for the	5636
provision of protective service under sections 5123.55 to 5123.59	5637
of the Revised Code is appointed as trustee of the estate of a	5638
ward under such sections and any employees of the agency having	5639
custody or control of funds or property of such a ward have	5640
furnished bond under section 5123.59 of the Revised Code, the	5641
court may dispense with the giving of a bond.	5642

(C) When letters are granted without bond, at any later	5643
period on its own motion or upon the application of any party	5644
interested, the court may require bond to be given in such amount	5645
as may be fixed by the court. On failure to give such bond, the	5646
defaulting fiduciary shall be removed.	5647

No instrument authorizing a fiduciary whom it names to serve	5648
without bond shall be construed to relieve a successor fiduciary	5649
from the necessity of giving bond, unless the instrument clearly	5650
evidences such intention.	5651

The court by which a fiduciary is appointed may reduce the	5652
amount of the bond of such fiduciary at any time for good cause	5653
shown.	5654

When two or more persons are appointed as joint fiduciaries,	5655
the court may take a separate bond from each or a joint bond from	5656
all.	5657

Sec. 2111.01. As used in Chapters 2101. to 2131. of the	5658
Revised Code:	5659

(A) "Guardian," other than a guardian under sections 5905.01	5660
to 5905.19 of the Revised Code, means any person, association, or	5661
corporation appointed by the probate court to have the care and	5662
management of the person, the estate, or both of an incompetent or	5663
minor. When applicable, "guardian" includes, but is not limited	5664
to, a limited guardian, an interim guardian, a standby guardian,	5665
and an emergency guardian appointed pursuant to division (B) of	5666
section 2111.02 of the Revised Code. "Guardian" also includes an	5667
agency under contract with the department of ~~mental retardation~~	5668
~~and~~ developmental disabilities for the provision of protective	5669
service under sections 5123.55 to 5123.59 of the Revised Code when	5670
appointed by the probate court to have the care and management of	5671
the person of an incompetent.	5672

(B) "Ward" means any person for whom a guardian is acting or	5673
for whom the probate court is acting pursuant to section 2111.50	5674
of the Revised Code.	5675

(C) "Resident guardian" means a guardian appointed by a	5676
probate court to have the care and management of property in this	5677
state that belongs to a nonresident ward.	5678

(D) "Incompetent" means any person who is so mentally	5679
impaired as a result of a mental or physical illness or	5680
disability, or mental retardation, or as a result of chronic	5681
substance abuse, that the person is incapable of taking proper	5682
care of the person's self or property or fails to provide for the	5683
person's family or other persons for whom the person is charged by	5684
law to provide, or any person confined to a correctional	5685
institution within this state.	5686

(E) "Next of kin" means any person who would be entitled to	5687
inherit from a ward under Chapter 2105. of the Revised Code if the	5688
ward dies intestate.	5689

(F) "Conservator" means a conservator appointed by the	5690
probate court in an order of conservatorship issued pursuant to	5691
section 2111.021 of the Revised Code.	5692

(G) "Parent" means a natural parent or adoptive parent of a	5693
minor child whose parental rights and responsibilities have not	5694
been terminated by a juvenile court or another court.	5695

Sec. 2111.02. (A) When found necessary, the probate court on	5696
its own motion or on application by any interested party shall	5697
appoint, subject to divisions (C) and (D) of this section and to	5698
section 2109.21 and division (B) of section 2111.121 of the	5699
Revised Code, a guardian of the person, the estate, or both, of a	5700
minor or incompetent, provided the person for whom the guardian is	5701
to be appointed is a resident of the county or has a legal	5702
settlement in the county and, except in the case of a minor, has	5703
had the opportunity to have the assistance of counsel in the	5704
proceeding for the appointment of such guardian. An interested	5705
party includes, but is not limited to, a person nominated in a	5706
durable power of attorney as described in division (D) of section	5707
1337.09 of the Revised Code or in a writing as described in	5708
division (A) of section 2111.121 of the Revised Code.	5709

Except when the guardian of an incompetent is an agency under	5710
contract with the department of ~~mental retardation and~~	5711
developmental disabilities for the provision of protective	5712
services under sections 5123.55 to 5123.59 of the Revised Code,	5713
the guardian of an incompetent, by virtue of such appointment,	5714
shall be the guardian of the minor children of the guardian's	5715
ward, unless the court appoints some other person as their	5716
guardian.	5717

When the primary purpose of the appointment of a guardian is,	5718
or was, the collection, disbursement, or administration of moneys	5719
awarded by the veterans administration to the ward, or assets	5720
derived from such moneys, no court costs shall be charged in the	5721
proceeding for the appointment or in any subsequent proceedings	5722
made in pursuance of the appointment, unless the value of the	5723
estate, including the moneys then due under the veterans	5724
administration award, exceeds one thousand five hundred dollars.	5725

(B)(1) If the probate court finds it to be in the best	5726
interest of an incompetent or minor, it may appoint pursuant to	5727
divisions (A) and (C) of this section, on its own motion or on	5728
application by an interested party, a limited guardian with	5729
specific limited powers. The sections of the Revised Code, rules,	5730
and procedures governing guardianships apply to a limited	5731
guardian, except that the order of appointment and letters of	5732
authority of a limited guardian shall state the reasons for, and	5733
specify the limited powers of, the guardian. The court may appoint	5734
a limited guardian for a definite or indefinite period. An	5735
incompetent or minor for whom a limited guardian has been	5736
appointed retains all of the incompetent's or minor's rights in	5737
all areas not affected by the court order appointing the limited	5738
guardian.	5739

(2) If a guardian appointed pursuant to division (A) of this	5740
section is temporarily or permanently removed or resigns, and if	5741
the welfare of the ward requires immediate action, at any time	5742
after the removal or resignation, the probate court may appoint,	5743
ex parte and with or without notice to the ward or interested	5744
parties, an interim guardian for a maximum period of fifteen days.	5745
If the court appoints the interim guardian ex parte or without	5746
notice to the ward, the court, at its first opportunity, shall	5747
enter upon its journal with specificity the reason for acting ex	5748
parte or without notice, and, as soon as possible, shall serve	5749
upon the ward a copy of the order appointing the interim guardian.	5750
For good cause shown, after notice to the ward and interested	5751
parties and after hearing, the court may extend an interim	5752
guardianship for a specified period, but not to exceed an	5753
additional thirty days.	5754

(3) If a minor or incompetent has not been placed under a	5755
guardianship pursuant to division (A) of this section and if an	5756
emergency exists, and if it is reasonably certain that immediate	5757
action is required to prevent significant injury to the person or	5758
estate of the minor or incompetent, at any time after it receives	5759
notice of the emergency, the court, ex parte, may issue any order	5760
that it considers necessary to prevent injury to the person or	5761
estate of the minor or incompetent, or may appoint an emergency	5762
guardian for a maximum period of seventy-two hours. A written copy	5763
of any order issued by a court under this division shall be served	5764
upon the incompetent or minor as soon as possible after its	5765
issuance. Failure to serve such an order after its issuance or	5766
prior to the taking of any action under its authority does not	5767
invalidate the order or the actions taken. The powers of an	5768
emergency guardian shall be specified in the letters of	5769
appointment, and shall be limited to those powers that are	5770
necessary to prevent injury to the person or estate of the minor	5771
or incompetent. If the court acts ex parte or without notice to	5772
the minor or incompetent, the court, at its first opportunity,	5773
shall enter upon its journal a record of the case and, with	5774
specificity, the reason for acting ex parte or without notice. For	5775
good cause shown, after notice to the minor or incompetent and	5776
interested parties, and after hearing, the court may extend an	5777
emergency guardianship for a specified period, but not to exceed	5778
an additional thirty days.	5779

(C) Prior to the appointment of a guardian or limited	5780
guardian under division (A) or (B)(1) of this section, the court	5781
shall conduct a hearing on the matter of the appointment. The	5782
hearing shall be conducted in accordance with all of the	5783
following:	5784

(1) The proposed guardian or limited guardian shall appear at	5785
the hearing and, if appointed, shall swear under oath that the	5786
proposed guardian or limited guardian has made and will continue	5787
to make diligent efforts to file a true inventory in accordance	5788
with section 2111.14 of the Revised Code and find and report all	5789
assets belonging to the estate of the ward and that the proposed	5790
guardian or limited guardian faithfully and completely will	5791
fulfill the other duties of guardian, including the filing of	5792
timely and accurate reports and accountings;	5793

(2) If the hearing is conducted by a referee, the procedures	5794
set forth in Civil Rule 53 shall be followed;	5795

(3) If the hearing concerns the appointment of a guardian or	5796
limited guardian for an alleged incompetent, the burden of proving	5797
incompetency shall be by clear and convincing evidence;	5798

(4) Upon request of the applicant, the alleged incompetent	5799
for whom the appointment is sought or the alleged incompetent's	5800
counsel, or any interested party, a recording or record of the	5801
hearing shall be made;	5802

(5) Evidence of a less restrictive alternative to	5803
guardianship may be introduced, and when introduced, shall be	5804
considered by the court;	5805

(6) The court may deny a guardianship based upon a finding	5806
that a less restrictive alternative to guardianship exists;	5807

(7) If the hearing concerns the appointment of a guardian or	5808
limited guardian for an alleged incompetent, the alleged	5809
incompetent has all of the following rights:	5810

(a) The right to be represented by independent counsel of ~~his~~	5811
the alleged incompetent's choice;	5812

(b) The right to have a friend or family member of ~~his~~the	5813
alleged incompetent's choice present;	5814

(c) The right to have evidence of an independent expert	5815
evaluation introduced;	5816

(d) If the alleged incompetent is indigent, upon ~~his~~the	5817
alleged incompetent's request:	5818

(i) The right to have counsel and an independent expert	5819
evaluator appointed at court expense;	5820

(ii) If the guardianship, limited guardianship, or standby	5821
guardianship decision is appealed, the right to have counsel	5822
appointed and necessary transcripts for appeal prepared at court	5823
expense.	5824

(D)(1) When a person has been nominated to be a guardian of	5825
the estate of a minor in or pursuant to a durable power of	5826
attorney as described in division (D) of section 1337.09 of the	5827
Revised Code or a writing as described in division (A) of section	5828
2111.121 of the Revised Code, the person nominated has preference	5829
in appointment over a person selected by the minor. A person who	5830
has been nominated to be a guardian of the person of a minor in or	5831
pursuant to a durable power of attorney or writing of that nature	5832
does not have preference in appointment over a person selected by	5833
the minor, but the probate court may appoint the person named in	5834
the durable power of attorney or the writing, the person selected	5835
by the minor, or another person as guardian of the person of the	5836
minor.	5837

(2) A person nominated as a guardian of an incompetent adult	5838
child pursuant to section 1337.09 or 2111.121 of the Revised Code	5839
shall have preference in appointment over a person applying to be	5840
guardian if the person nominated is competent, suitable, and	5841
willing to accept the appointment, and if the incompetent adult	5842
child does not have a spouse or an adult child and has not	5843
designated a guardian prior to the court finding the adult child	5844
incompetent.	5845

Sec. 2111.10. As used in this section, "mentally retarded	5846
person" and "developmentally disabled person" have the same	5847
meanings as in section 5123.01 of the Revised Code.	5848

Any appointment of a corporation as guardian shall apply to	5849
the estate only and not to the person, except that a nonprofit	5850
corporation organized under the laws of this state and entitled to	5851
tax exempt status under section 501(a) of the "Internal Revenue	5852
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as amended, that	5853
has a contract with the department of ~~mental retardation and~~	5854
developmental disabilities to provide protective services may be	5855
appointed as a guardian of the person of a mentally retarded or	5856
developmentally disabled person and may serve as guardian pursuant	5857
to sections 5123.55 to 5123.59 of the Revised Code.	5858

Sec. 2133.25. (A) The department of health, by rule adopted	5859
pursuant to Chapter 119. of the Revised Code, shall adopt a	5860
standardized method of procedure for the withholding of CPR by	5861
physicians, emergency medical services personnel, and health care	5862
facilities in accordance with sections 2133.21 to 2133.26 of the	5863
Revised Code. The standardized method shall specify criteria for	5864
determining when a do-not-resuscitate order issued by a physician	5865
is current. The standardized method so adopted shall be the	5866
"do-not-resuscitate protocol" for purposes of sections 2133.21 to	5867
2133.26 of the Revised Code. The department also shall approve one	5868
or more standard forms of DNR identification to be used throughout	5869
this state.	5870

(B) The department of health shall adopt rules in accordance	5871
with Chapter 119. of the Revised Code for the administration of	5872
sections 2133.21 to 2133.26 of the Revised Code.	5873

(C) The department of health shall appoint an advisory	5874
committee to advise the department in the development of rules	5875
under this section. The advisory committee shall include, but	5876
shall not be limited to, representatives of each of the following	5877
organizations:	5878

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

5879

(2) The Ohio state medical association;

5880

(3) The Ohio chapter of the American college of emergency	5881
physicians;	5882

(4) The Ohio hospice organization;

5883

(5) The Ohio council for home care;

5884

(6) The Ohio health care association;

5885

(7) The Ohio ambulance association;

5886

(8) The Ohio medical directors association;

5887

(9) The Ohio association of emergency medical services;

5888

(10) The bioethics network of Ohio;

5889

(11) The Ohio nurses association;

5890

(12) The Ohio academy of nursing homes;

5891

(13) The Ohio association of professional firefighters;

5892

(14) The department of ~~mental retardation and~~ developmental	5893
disabilities;	5894

(15) The Ohio osteopathic association;

5895

(16) The association of Ohio philanthropic homes, housing and	5896
services for the aging;	5897

(17) The catholic conference of Ohio;

5898

(18) The department of aging;

5899

(19) The department of mental health;

5900

(20) The Ohio private residential association;

5901

(21) The northern Ohio fire fighters association.

5902

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

5903

(1) "Juvenile court" means whichever of the following is	5904
applicable that has jurisdiction under this chapter and Chapter	5905
2152. of the Revised Code:	5906

(a) The division of the court of common pleas specified in	5907
section 2101.022 or 2301.03 of the Revised Code as having	5908
jurisdiction under this chapter and Chapter 2152. of the Revised	5909
Code or as being the juvenile division or the juvenile division	5910
combined with one or more other divisions;	5911

(b) The juvenile court of Cuyahoga county or Hamilton county	5912
that is separately and independently created by section 2151.08 or	5913
Chapter 2153. of the Revised Code and that has jurisdiction under	5914
this chapter and Chapter 2152. of the Revised Code;	5915

(c) If division (A)(1)(a) or (b) of this section does not	5916
apply, the probate division of the court of common pleas.	5917

(2) "Juvenile judge" means a judge of a court having	5918
jurisdiction under this chapter.	5919

(3) "Private child placing agency" means any association, as	5920
defined in section 5103.02 of the Revised Code, that is certified	5921
under section 5103.03 of the Revised Code to accept temporary,	5922
permanent, or legal custody of children and place the children for	5923
either foster care or adoption.	5924

(4) "Private noncustodial agency" means any person,	5925
organization, association, or society certified by the department	5926
of job and family services that does not accept temporary or	5927
permanent legal custody of children, that is privately operated in	5928
this state, and that does one or more of the following:	5929

(a) Receives and cares for children for two or more	5930
consecutive weeks;	5931

(b) Participates in the placement of children in certified	5932
foster homes;	5933

(c) Provides adoption services in conjunction with a public	5934
children services agency or private child placing agency.	5935

(B) As used in this chapter:

5936

(1) "Adequate parental care" means the provision by a child's	5937
parent or parents, guardian, or custodian of adequate food,	5938
clothing, and shelter to ensure the child's health and physical	5939
safety and the provision by a child's parent or parents of	5940
specialized services warranted by the child's physical or mental	5941
needs.	5942

(2) "Adult" means an individual who is eighteen years of age	5943
or older.	5944

(3) "Agreement for temporary custody" means a voluntary	5945
agreement authorized by section 5103.15 of the Revised Code that	5946
transfers the temporary custody of a child to a public children	5947
services agency or a private child placing agency.	5948

(4) "Certified foster home" means a foster home, as defined	5949
in section 5103.02 of the Revised Code, certified under section	5950
5103.03 of the Revised Code.	5951

(5) "Child" means a person who is under eighteen years of	5952
age, except that the juvenile court has jurisdiction over any	5953
person who is adjudicated an unruly child prior to attaining	5954
eighteen years of age until the person attains twenty-one years of	5955
age, and, for purposes of that jurisdiction related to that	5956
adjudication, a person who is so adjudicated an unruly child shall	5957
be deemed a "child" until the person attains twenty-one years of	5958
age.	5959

(6) "Child day camp," "child care," "child day-care center,"	5960
"part-time child day-care center," "type A family day-care home,"	5961
"certified type B family day-care home," "type B home,"	5962
"administrator of a child day-care center," "administrator of a	5963
type A family day-care home," "in-home aide," and "authorized	5964
provider" have the same meanings as in section 5104.01 of the	5965
Revised Code.	5966

(7) "Child care provider" means an individual who is a	5967
child-care staff member or administrator of a child day-care	5968
center, a type A family day-care home, or a type B family day-care	5969
home, or an in-home aide or an individual who is licensed, is	5970
regulated, is approved, operates under the direction of, or	5971
otherwise is certified by the department of job and family	5972
services, department of ~~mental retardation and~~ developmental	5973
disabilities, or the early childhood programs of the department of	5974
education.	5975

(8) "Chronic truant" has the same meaning as in section	5976
2152.02 of the Revised Code.	5977

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

5978

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

5979

(a) General counseling services performed by a public	5980
children services agency or shelter for victims of domestic	5981
violence to assist a child, a child's parents, and a child's	5982
siblings in alleviating identified problems that may cause or have	5983
caused the child to be an abused, neglected, or dependent child.	5984

(b) Psychiatric or psychological therapeutic counseling	5985
services provided to correct or alleviate any mental or emotional	5986
illness or disorder and performed by a licensed psychiatrist,	5987
licensed psychologist, or a person licensed under Chapter 4757. of	5988
the Revised Code to engage in social work or professional	5989
counseling.	5990

(11) "Custodian" means a person who has legal custody of a	5991
child or a public children services agency or private child	5992
placing agency that has permanent, temporary, or legal custody of	5993
a child.	5994

(12) "Delinquent child" has the same meaning as in section	5995
2152.02 of the Revised Code.	5996

(13) "Detention" means the temporary care of children pending	5997
court adjudication or disposition, or execution of a court order,	5998
in a public or private facility designed to physically restrict	5999
the movement and activities of children.	6000

(14) "Developmental disability" has the same meaning as in	6001
section 5123.01 of the Revised Code.	6002

(15) "Foster caregiver" has the same meaning as in section	6003
5103.02 of the Revised Code.	6004

(16) "Guardian" means a person, association, or corporation	6005
that is granted authority by a probate court pursuant to Chapter	6006
2111. of the Revised Code to exercise parental rights over a child	6007
to the extent provided in the court's order and subject to the	6008
residual parental rights of the child's parents.	6009

(17) "Habitual truant" means any child of compulsory school	6010
age who is absent without legitimate excuse for absence from the	6011
public school the child is supposed to attend for five or more	6012
consecutive school days, seven or more school days in one school	6013
month, or twelve or more school days in a school year.	6014

(18) "Juvenile traffic offender" has the same meaning as in	6015
section 2152.02 of the Revised Code.	6016

(19) "Legal custody" means a legal status that vests in the	6017
custodian the right to have physical care and control of the child	6018
and to determine where and with whom the child shall live, and the	6019
right and duty to protect, train, and discipline the child and to	6020
provide the child with food, shelter, education, and medical care,	6021
all subject to any residual parental rights, privileges, and	6022
responsibilities. An individual granted legal custody shall	6023
exercise the rights and responsibilities personally unless	6024
otherwise authorized by any section of the Revised Code or by the	6025
court.	6026

(20) A "legitimate excuse for absence from the public school	6027
the child is supposed to attend" includes, but is not limited to,	6028
any of the following:	6029

(a) The fact that the child in question has enrolled in and	6030
is attending another public or nonpublic school in this or another	6031
state;	6032

(b) The fact that the child in question is excused from	6033
attendance at school for any of the reasons specified in section	6034
3321.04 of the Revised Code;	6035

(c) The fact that the child in question has received an age	6036
and schooling certificate in accordance with section 3331.01 of	6037
the Revised Code.	6038

(21) "Mental illness" and "mentally ill person subject to	6039
hospitalization by court order" have the same meanings as in	6040
section 5122.01 of the Revised Code.	6041

(22) "Mental injury" means any behavioral, cognitive,	6042
emotional, or mental disorder in a child caused by an act or	6043
omission that is described in section 2919.22 of the Revised Code	6044
and is committed by the parent or other person responsible for the	6045
child's care.	6046

(23) "Mentally retarded person" has the same meaning as in	6047
section 5123.01 of the Revised Code.	6048

(24) "Nonsecure care, supervision, or training" means care,	6049
supervision, or training of a child in a facility that does not	6050
confine or prevent movement of the child within the facility or	6051
from the facility.	6052

(25) "Of compulsory school age" has the same meaning as in	6053
section 3321.01 of the Revised Code.	6054

(26) "Organization" means any institution, public,	6055
semipublic, or private, and any private association, society, or	6056
agency located or operating in the state, incorporated or	6057
unincorporated, having among its functions the furnishing of	6058
protective services or care for children, or the placement of	6059
children in certified foster homes or elsewhere.	6060

(27) "Out-of-home care" means detention facilities, shelter	6061
facilities, certified children's crisis care facilities, certified	6062
foster homes, placement in a prospective adoptive home prior to	6063
the issuance of a final decree of adoption, organizations,	6064
certified organizations, child day-care centers, type A family	6065
day-care homes, child care provided by type B family day-care home	6066
providers and by in-home aides, group home providers, group homes,	6067
institutions, state institutions, residential facilities,	6068
residential care facilities, residential camps, day camps, public	6069
schools, chartered nonpublic schools, educational service centers,	6070
hospitals, and medical clinics that are responsible for the care,	6071
physical custody, or control of children.	6072

(28) "Out-of-home care child abuse" means any of the	6073
following when committed by a person responsible for the care of a	6074
child in out-of-home care:	6075

(a) Engaging in sexual activity with a child in the person's	6076
care;	6077

(b) Denial to a child, as a means of punishment, of proper or	6078
necessary subsistence, education, medical care, or other care	6079
necessary for a child's health;	6080

(c) Use of restraint procedures on a child that cause injury	6081
or pain;	6082

(d) Administration of prescription drugs or psychotropic	6083
medication to the child without the written approval and ongoing	6084
supervision of a licensed physician;	6085

(e) Commission of any act, other than by accidental means,	6086
that results in any injury to or death of the child in out-of-home	6087
care or commission of any act by accidental means that results in	6088
an injury to or death of a child in out-of-home care and that is	6089
at variance with the history given of the injury or death.	6090

(29) "Out-of-home care child neglect" means any of the	6091
following when committed by a person responsible for the care of a	6092
child in out-of-home care:	6093

(a) Failure to provide reasonable supervision according to	6094
the standards of care appropriate to the age, mental and physical	6095
condition, or other special needs of the child;	6096

(b) Failure to provide reasonable supervision according to	6097
the standards of care appropriate to the age, mental and physical	6098
condition, or other special needs of the child, that results in	6099
sexual or physical abuse of the child by any person;	6100

6101

(i) Administration of prescription drugs or psychotropic	6102
drugs for the child;	6103

(ii) Assuring that the instructions of the licensed physician	6104
who prescribed a drug for the child are followed;	6105

(iii) Reporting to the licensed physician who prescribed the	6106
drug all unfavorable or dangerous side effects from the use of the	6107
drug.	6108

(d) Failure to provide proper or necessary subsistence,	6109
education, medical care, or other individualized care necessary	6110
for the health or well-being of the child;	6111

(e) Confinement of the child to a locked room without	6112
monitoring by staff;	6113

(f) Failure to provide ongoing security for all prescription	6114
and nonprescription medication;	6115

(g) Isolation of a child for a period of time when there is	6116
substantial risk that the isolation, if continued, will impair or	6117
retard the mental health or physical well-being of the child.	6118

(30) "Permanent custody" means a legal status that vests in a	6119
public children services agency or a private child placing agency,	6120
all parental rights, duties, and obligations, including the right	6121
to consent to adoption, and divests the natural parents or	6122
adoptive parents of all parental rights, privileges, and	6123
obligations, including all residual rights and obligations.	6124

(31) "Permanent surrender" means the act of the parents or,	6125
if a child has only one parent, of the parent of a child, by a	6126
voluntary agreement authorized by section 5103.15 of the Revised	6127
Code, to transfer the permanent custody of the child to a public	6128
children services agency or a private child placing agency.	6129

(32) "Person" means an individual, association, corporation,	6130
or partnership and the state or any of its political subdivisions,	6131
departments, or agencies.	6132

(33) "Person responsible for a child's care in out-of-home	6133
care" means any of the following:	6134

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

6135

(b) Any administrator, employee, or agent of any of the	6136
following: a public or private detention facility; shelter	6137
facility; certified children's crisis care facility; organization;	6138
certified organization; child day-care center; type A family	6139
day-care home; certified type B family day-care home; group home;	6140
institution; state institution; residential facility; residential	6141
care facility; residential camp; day camp; school district;	6142
community school; chartered nonpublic school; educational service	6143
center; hospital; or medical clinic;	6144

(c) Any person who supervises or coaches children as part of	6145
an extracurricular activity sponsored by a school district, public	6146
school, or chartered nonpublic school;	6147

(d) Any other person who performs a similar function with	6148
respect to, or has a similar relationship to, children.	6149

(34) "Physically impaired" means having one or more of the	6150
following conditions that substantially limit one or more of an	6151
individual's major life activities, including self-care, receptive	6152
and expressive language, learning, mobility, and self-direction:	6153

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

6154

(b) A congenital orthopedic impairment;

6155

(c) An orthopedic impairment caused by disease, rheumatic	6156
fever or any other similar chronic or acute health problem, or	6157
amputation or another similar cause.	6158

(35) "Placement for adoption" means the arrangement by a	6159
public children services agency or a private child placing agency	6160
with a person for the care and adoption by that person of a child	6161
of whom the agency has permanent custody.	6162

(36) "Placement in foster care" means the arrangement by a	6163
public children services agency or a private child placing agency	6164
for the out-of-home care of a child of whom the agency has	6165
temporary custody or permanent custody.	6166

(37) "Planned permanent living arrangement" means an order of	6167
a juvenile court pursuant to which both of the following apply:	6168

(a) The court gives legal custody of a child to a public	6169
children services agency or a private child placing agency without	6170
the termination of parental rights.	6171

(b) The order permits the agency to make an appropriate	6172
placement of the child and to enter into a written agreement with	6173
a foster care provider or with another person or agency with whom	6174
the child is placed.	6175

(38) "Practice of social work" and "practice of professional	6176
counseling" have the same meanings as in section 4757.01 of the	6177
Revised Code.	6178

(39) "Sanction, service, or condition" means a sanction,	6179
service, or condition created by court order following an	6180
adjudication that a child is an unruly child that is described in	6181
division (A)(4) of section 2152.19 of the Revised Code.	6182

(40) "Protective supervision" means an order of disposition	6183
pursuant to which the court permits an abused, neglected,	6184
dependent, or unruly child to remain in the custody of the child's	6185
parents, guardian, or custodian and stay in the child's home,	6186
subject to any conditions and limitations upon the child, the	6187
child's parents, guardian, or custodian, or any other person that	6188
the court prescribes, including supervision as directed by the	6189
court for the protection of the child.	6190

(41) "Psychiatrist" has the same meaning as in section	6191
5122.01 of the Revised Code.	6192

(42) "Psychologist" has the same meaning as in section	6193
4732.01 of the Revised Code.	6194

(43) "Residential camp" means a program in which the care,	6195
physical custody, or control of children is accepted overnight for	6196
recreational or recreational and educational purposes.	6197

(44) "Residential care facility" means an institution,	6198
residence, or facility that is licensed by the department of	6199
mental health under section 5119.22 of the Revised Code and that	6200
provides care for a child.	6201

(45) "Residential facility" means a home or facility that is	6202
licensed by the department of ~~mental retardation and~~ developmental	6203
disabilities under section 5123.19 of the Revised Code and in	6204
which a child with a developmental disability resides.	6205

(46) "Residual parental rights, privileges, and	6206
responsibilities" means those rights, privileges, and	6207
responsibilities remaining with the natural parent after the	6208
transfer of legal custody of the child, including, but not	6209
necessarily limited to, the privilege of reasonable visitation,	6210
consent to adoption, the privilege to determine the child's	6211
religious affiliation, and the responsibility for support.	6212

(47) "School day" means the school day established by the	6213
state board of education pursuant to section 3313.48 of the	6214
Revised Code.	6215

(48) "School month" and "school year" have the same meanings	6216
as in section 3313.62 of the Revised Code.	6217

(49) "Secure correctional facility" means a facility under	6218
the direction of the department of youth services that is designed	6219
to physically restrict the movement and activities of children and	6220
used for the placement of children after adjudication and	6221
disposition.	6222

(50) "Sexual activity" has the same meaning as in section	6223
2907.01 of the Revised Code.	6224

(51) "Shelter" means the temporary care of children in	6225
physically unrestricted facilities pending court adjudication or	6226
disposition.	6227

(52) "Shelter for victims of domestic violence" has the same	6228
meaning as in section 3113.33 of the Revised Code.	6229

(53) "Temporary custody" means legal custody of a child who	6230
is removed from the child's home, which custody may be terminated	6231
at any time at the discretion of the court or, if the legal	6232
custody is granted in an agreement for temporary custody, by the	6233
person who executed the agreement.	6234

(C) For the purposes of this chapter, a child shall be	6235
presumed abandoned when the parents of the child have failed to	6236
visit or maintain contact with the child for more than ninety	6237
days, regardless of whether the parents resume contact with the	6238
child after that period of ninety days.	6239

Sec. 2151.421. (A)(1)(a) No person described in division	6240
(A)(1)(b) of this section who is acting in an official or	6241
professional capacity and knows, or has reasonable cause to	6242
suspect based on facts that would cause a reasonable person in a	6243
similar position to suspect, that a child under eighteen years of	6244
age or a mentally retarded, developmentally disabled, or	6245
physically impaired child under twenty-one years of age has	6246
suffered or faces a threat of suffering any physical or mental	6247
wound, injury, disability, or condition of a nature that	6248
reasonably indicates abuse or neglect of the child shall fail to	6249
immediately report that knowledge or reasonable cause to suspect	6250
to the entity or persons specified in this division. Except as	6251
provided in section 5120.173 of the Revised Code, the person	6252
making the report shall make it to the public children services	6253
agency or a municipal or county peace officer in the county in	6254
which the child resides or in which the abuse or neglect is	6255
occurring or has occurred. In the circumstances described in	6256
section 5120.173 of the Revised Code, the person making the report	6257
shall make it to the entity specified in that section.	6258

(b) Division (A)(1)(a) of this section applies to any person	6259
who is an attorney; physician, including a hospital intern or	6260
resident; dentist; podiatrist; practitioner of a limited branch of	6261
medicine as specified in section 4731.15 of the Revised Code;	6262
registered nurse; licensed practical nurse; visiting nurse; other	6263
health care professional; licensed psychologist; licensed school	6264
psychologist; independent marriage and family therapist or	6265
marriage and family therapist; speech pathologist or audiologist;	6266
coroner; administrator or employee of a child day-care center;	6267
administrator or employee of a residential camp or child day camp;	6268
administrator or employee of a certified child care agency or	6269
other public or private children services agency; school teacher;	6270
school employee; school authority; person engaged in social work	6271
or the practice of professional counseling; agent of a county	6272
humane society; person, other than a cleric, rendering spiritual	6273
treatment through prayer in accordance with the tenets of a	6274
well-recognized religion; employee of a county department of job	6275
and family services who is a professional and who works with	6276
children and families; superintendent, board member, or employee	6277
of a county board of ~~mental retardation~~developmental	6278
disabilities; investigative agent contracted with by a county	6279
board of ~~mental retardation~~developmental disabilities; employee	6280
of the department of ~~mental retardation and~~ developmental	6281
disabilities; employee of a facility or home that provides respite	6282
care in accordance with section 5123.171 of the Revised Code;	6283
employee of a home health agency; employee of an entity that	6284
provides homemaker services; a person performing the duties of an	6285
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	6286
or third party employed by a public children services agency to	6287
assist in providing child or family related services.	6288

(2) Except as provided in division (A)(3) of this section, an	6289
attorney or a physician is not required to make a report pursuant	6290
to division (A)(1) of this section concerning any communication	6291
the attorney or physician receives from a client or patient in an	6292
attorney-client or physician-patient relationship, if, in	6293
accordance with division (A) or (B) of section 2317.02 of the	6294
Revised Code, the attorney or physician could not testify with	6295
respect to that communication in a civil or criminal proceeding.	6296

(3) The client or patient in an attorney-client or	6297
physician-patient relationship described in division (A)(2) of	6298
this section is deemed to have waived any testimonial privilege	6299
under division (A) or (B) of section 2317.02 of the Revised Code	6300
with respect to any communication the attorney or physician	6301
receives from the client or patient in that attorney-client or	6302
physician-patient relationship, and the attorney or physician	6303
shall make a report pursuant to division (A)(1) of this section	6304
with respect to that communication, if all of the following apply:	6305

(a) The client or patient, at the time of the communication,	6306
is either a child under eighteen years of age or a mentally	6307
retarded, developmentally disabled, or physically impaired person	6308
under twenty-one years of age.	6309

(b) The attorney or physician knows, or has reasonable cause	6310
to suspect based on facts that would cause a reasonable person in	6311
similar position to suspect, as a result of the communication or	6312
any observations made during that communication, that the client	6313
or patient has suffered or faces a threat of suffering any	6314
physical or mental wound, injury, disability, or condition of a	6315
nature that reasonably indicates abuse or neglect of the client or	6316
patient.	6317

(c) The abuse or neglect does not arise out of the client's	6318
or patient's attempt to have an abortion without the notification	6319
of her parents, guardian, or custodian in accordance with section	6320
2151.85 of the Revised Code.	6321

(4)(a) No cleric and no person, other than a volunteer,	6322
designated by any church, religious society, or faith acting as a	6323
leader, official, or delegate on behalf of the church, religious	6324
society, or faith who is acting in an official or professional	6325
capacity, who knows, or has reasonable cause to believe based on	6326
facts that would cause a reasonable person in a similar position	6327
to believe, that a child under eighteen years of age or a mentally	6328
retarded, developmentally disabled, or physically impaired child	6329
under twenty-one years of age has suffered or faces a threat of	6330
suffering any physical or mental wound, injury, disability, or	6331
condition of a nature that reasonably indicates abuse or neglect	6332
of the child, and who knows, or has reasonable cause to believe	6333
based on facts that would cause a reasonable person in a similar	6334
position to believe, that another cleric or another person, other	6335
than a volunteer, designated by a church, religious society, or	6336
faith acting as a leader, official, or delegate on behalf of the	6337
church, religious society, or faith caused, or poses the threat of	6338
causing, the wound, injury, disability, or condition that	6339
reasonably indicates abuse or neglect shall fail to immediately	6340
report that knowledge or reasonable cause to believe to the entity	6341
or persons specified in this division. Except as provided in	6342
section 5120.173 of the Revised Code, the person making the report	6343
shall make it to the public children services agency or a	6344
municipal or county peace officer in the county in which the child	6345
resides or in which the abuse or neglect is occurring or has	6346
occurred. In the circumstances described in section 5120.173 of	6347
the Revised Code, the person making the report shall make it to	6348
the entity specified in that section.	6349

(b) Except as provided in division (A)(4)(c) of this section,	6350
a cleric is not required to make a report pursuant to division	6351
(A)(4)(a) of this section concerning any communication the cleric	6352
receives from a penitent in a cleric-penitent relationship, if, in	6353
accordance with division (C) of section 2317.02 of the Revised	6354
Code, the cleric could not testify with respect to that	6355
communication in a civil or criminal proceeding.	6356

(c) The penitent in a cleric-penitent relationship described	6357
in division (A)(4)(b) of this section is deemed to have waived any	6358
testimonial privilege under division (C) of section 2317.02 of the	6359
Revised Code with respect to any communication the cleric receives	6360
from the penitent in that cleric-penitent relationship, and the	6361
cleric shall make a report pursuant to division (A)(4)(a) of this	6362
section with respect to that communication, if all of the	6363
following apply:	6364

(i) The penitent, at the time of the communication, is either	6365
a child under eighteen years of age or a mentally retarded,	6366
developmentally disabled, or physically impaired person under	6367
twenty-one years of age.	6368

(ii) The cleric knows, or has reasonable cause to believe	6369
based on facts that would cause a reasonable person in a similar	6370
position to believe, as a result of the communication or any	6371
observations made during that communication, the penitent has	6372
suffered or faces a threat of suffering any physical or mental	6373
wound, injury, disability, or condition of a nature that	6374
reasonably indicates abuse or neglect of the penitent.	6375

(iii) The abuse or neglect does not arise out of the	6376
penitent's attempt to have an abortion performed upon a child	6377
under eighteen years of age or upon a mentally retarded,	6378
developmentally disabled, or physically impaired person under	6379
twenty-one years of age without the notification of her parents,	6380
guardian, or custodian in accordance with section 2151.85 of the	6381
Revised Code.	6382

(d) Divisions (A)(4)(a) and (c) of this section do not apply	6383
in a cleric-penitent relationship when the disclosure of any	6384
communication the cleric receives from the penitent is in	6385
violation of the sacred trust.	6386

(e) As used in divisions (A)(1) and (4) of this section,	6387
"cleric" and "sacred trust" have the same meanings as in section	6388
2317.02 of the Revised Code.	6389

(B) Anyone who knows, or has reasonable cause to suspect	6390
based on facts that would cause a reasonable person in similar	6391
circumstances to suspect, that a child under eighteen years of age	6392
or a mentally retarded, developmentally disabled, or physically	6393
impaired person under twenty-one years of age has suffered or	6394
faces a threat of suffering any physical or mental wound, injury,	6395
disability, or other condition of a nature that reasonably	6396
indicates abuse or neglect of the child may report or cause	6397
reports to be made of that knowledge or reasonable cause to	6398
suspect to the entity or persons specified in this division.	6399
Except as provided in section 5120.173 of the Revised Code, a	6400
person making a report or causing a report to be made under this	6401
division shall make it or cause it to be made to the public	6402
children services agency or to a municipal or county peace	6403
officer. In the circumstances described in section 5120.173 of the	6404
Revised Code, a person making a report or causing a report to be	6405
made under this division shall make it or cause it to be made to	6406
the entity specified in that section.	6407

(C) Any report made pursuant to division (A) or (B) of this	6408
section shall be made forthwith either by telephone or in person	6409
and shall be followed by a written report, if requested by the	6410
receiving agency or officer. The written report shall contain:	6411

(1) The names and addresses of the child and the child's	6412
parents or the person or persons having custody of the child, if	6413
known;	6414

(2) The child's age and the nature and extent of the child's	6415
injuries, abuse, or neglect that is known or reasonably suspected	6416
or believed, as applicable, to have occurred or of the threat of	6417
injury, abuse, or neglect that is known or reasonably suspected or	6418
believed, as applicable, to exist, including any evidence of	6419
previous injuries, abuse, or neglect;	6420

(3) Any other information that might be helpful in	6421
establishing the cause of the injury, abuse, or neglect that is	6422
known or reasonably suspected or believed, as applicable, to have	6423
occurred or of the threat of injury, abuse, or neglect that is	6424
known or reasonably suspected or believed, as applicable, to	6425
exist.	6426

Any person, who is required by division (A) of this section	6427
to report child abuse or child neglect that is known or reasonably	6428
suspected or believed to have occurred, may take or cause to be	6429
taken color photographs of areas of trauma visible on a child and,	6430
if medically indicated, cause to be performed radiological	6431
examinations of the child.	6432

(D) As used in this division, "children's advocacy center"	6433
and "sexual abuse of a child" have the same meanings as in section	6434
2151.425 of the Revised Code.	6435

(1) When a municipal or county peace officer receives a	6436
report concerning the possible abuse or neglect of a child or the	6437
possible threat of abuse or neglect of a child, upon receipt of	6438
the report, the municipal or county peace officer who receives the	6439
report shall refer the report to the appropriate public children	6440
services agency.	6441

(2) When a public children services agency receives a report	6442
pursuant to this division or division (A) or (B) of this section,	6443
upon receipt of the report, the public children services agency	6444
shall do both of the following:	6445

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

6446

(b) If the county served by the agency is also served by a	6447
children's advocacy center and the report alleges sexual abuse of	6448
a child or another type of abuse of a child that is specified in	6449
the memorandum of understanding that creates the center as being	6450
within the center's jurisdiction, comply regarding the report with	6451
the protocol and procedures for referrals and investigations, with	6452
the coordinating activities, and with the authority or	6453
responsibility for performing or providing functions, activities,	6454
and services stipulated in the interagency agreement entered into	6455
under section 2151.428 of the Revised Code relative to that	6456
center.	6457

(E) No township, municipal, or county peace officer shall	6458
remove a child about whom a report is made pursuant to this	6459
section from the child's parents, stepparents, or guardian or any	6460
other persons having custody of the child without consultation	6461
with the public children services agency, unless, in the judgment	6462
of the officer, and, if the report was made by physician, the	6463
physician, immediate removal is considered essential to protect	6464
the child from further abuse or neglect. The agency that must be	6465
consulted shall be the agency conducting the investigation of the	6466
report as determined pursuant to section 2151.422 of the Revised	6467
Code.	6468

(F)(1) Except as provided in section 2151.422 of the Revised	6469
Code or in an interagency agreement entered into under section	6470
2151.428 of the Revised Code that applies to the particular	6471
report, the public children services agency shall investigate,	6472
within twenty-four hours, each report of child abuse or child	6473
neglect that is known or reasonably suspected or believed to have	6474
occurred and of a threat of child abuse or child neglect that is	6475
known or reasonably suspected or believed to exist that is	6476
referred to it under this section to determine the circumstances	6477
surrounding the injuries, abuse, or neglect or the threat of	6478
injury, abuse, or neglect, the cause of the injuries, abuse,	6479
neglect, or threat, and the person or persons responsible. The	6480
investigation shall be made in cooperation with the law	6481
enforcement agency and in accordance with the memorandum of	6482
understanding prepared under division (J) of this section. A	6483
representative of the public children services agency shall, at	6484
the time of initial contact with the person subject to the	6485
investigation, inform the person of the specific complaints or	6486
allegations made against the person. The information shall be	6487
given in a manner that is consistent with division (H)(1) of this	6488
section and protects the rights of the person making the report	6489
under this section.	6490

A failure to make the investigation in accordance with the	6491
memorandum is not grounds for, and shall not result in, the	6492
dismissal of any charges or complaint arising from the report or	6493
the suppression of any evidence obtained as a result of the report	6494
and does not give, and shall not be construed as giving, any	6495
rights or any grounds for appeal or post-conviction relief to any	6496
person. The public children services agency shall report each case	6497
to the uniform statewide automated child welfare information	6498
system that the department of job and family services shall	6499
maintain in accordance with section 5101.13 of the Revised Code.	6500
The public children services agency shall submit a report of its	6501
investigation, in writing, to the law enforcement agency.	6502

(2) The public children services agency shall make any	6503
recommendations to the county prosecuting attorney or city	6504
director of law that it considers necessary to protect any	6505
children that are brought to its attention.	6506

(G)(1)(a) Except as provided in division (H)(3) of this	6507
section, anyone or any hospital, institution, school, health	6508
department, or agency participating in the making of reports under	6509
division (A) of this section, anyone or any hospital, institution,	6510
school, health department, or agency participating in good faith	6511
in the making of reports under division (B) of this section, and	6512
anyone participating in good faith in a judicial proceeding	6513
resulting from the reports, shall be immune from any civil or	6514
criminal liability for injury, death, or loss to person or	6515
property that otherwise might be incurred or imposed as a result	6516
of the making of the reports or the participation in the judicial	6517
proceeding.	6518

(b) Notwithstanding section 4731.22 of the Revised Code, the	6519
physician-patient privilege shall not be a ground for excluding	6520
evidence regarding a child's injuries, abuse, or neglect, or the	6521
cause of the injuries, abuse, or neglect in any judicial	6522
proceeding resulting from a report submitted pursuant to this	6523
section.	6524

(2) In any civil or criminal action or proceeding in which it	6525
is alleged and proved that participation in the making of a report	6526
under this section was not in good faith or participation in a	6527
judicial proceeding resulting from a report made under this	6528
section was not in good faith, the court shall award the	6529
prevailing party reasonable attorney's fees and costs and, if a	6530
civil action or proceeding is voluntarily dismissed, may award	6531
reasonable attorney's fees and costs to the party against whom the	6532
civil action or proceeding is brought.	6533

(H)(1) Except as provided in divisions (H)(4) and (N) of	6534
this section, a report made under this section is confidential.	6535
The information provided in a report made pursuant to this	6536
section and the name of the person who made the report shall not	6537
be released for use, and shall not be used, as evidence in any	6538
civil action or proceeding brought against the person who made	6539
the report. Nothing in this division shall preclude the use of	6540
reports of other incidents of known or suspected abuse or neglect	6541
in a civil action or proceeding brought pursuant to division (M)	6542
of this section against a person who is alleged to have violated	6543
division (A)(1) of this section, provided that any information in	6544
a report that would identify the child who is the subject of the	6545
report or the maker of the report, if the maker of the report is	6546
not the defendant or an agent or employee of the defendant, has	6547
been redacted. In a criminal proceeding, the report is	6548
admissible in evidence in accordance with the Rules of Evidence	6549
and is subject to discovery in accordance with the Rules of	6550
Criminal Procedure.	6551

(2) No person shall permit or encourage the unauthorized	6552
dissemination of the contents of any report made under this	6553
section.	6554

(3) A person who knowingly makes or causes another person to	6555
make a false report under division (B) of this section that	6556
alleges that any person has committed an act or omission that	6557
resulted in a child being an abused child or a neglected child is	6558
guilty of a violation of section 2921.14 of the Revised Code.	6559

(4) If a report is made pursuant to division (A) or (B) of	6560
this section and the child who is the subject of the report dies	6561
for any reason at any time after the report is made, but before	6562
the child attains eighteen years of age, the public children	6563
services agency or municipal or county peace officer to which the	6564
report was made or referred, on the request of the child fatality	6565
review board, shall submit a summary sheet of information	6566
providing a summary of the report to the review board of the	6567
county in which the deceased child resided at the time of death.	6568
On the request of the review board, the agency or peace officer	6569
may, at its discretion, make the report available to the review	6570
board. If the county served by the public children services agency	6571
is also served by a children's advocacy center and the report of	6572
alleged sexual abuse of a child or another type of abuse of a	6573
child is specified in the memorandum of understanding that creates	6574
the center as being within the center's jurisdiction, the agency	6575
or center shall perform the duties and functions specified in this	6576
division in accordance with the interagency agreement entered into	6577
under section 2151.428 of the Revised Code relative to that	6578
advocacy center.	6579

(5) A public children services agency shall advise a person	6580
alleged to have inflicted abuse or neglect on a child who is the	6581
subject of a report made pursuant to this section, including a	6582
report alleging sexual abuse of a child or another type of abuse	6583
of a child referred to a children's advocacy center pursuant to an	6584
interagency agreement entered into under section 2151.428 of the	6585
Revised Code, in writing of the disposition of the investigation.	6586
The agency shall not provide to the person any information that	6587
identifies the person who made the report, statements of	6588
witnesses, or police or other investigative reports.	6589

(I) Any report that is required by this section, other than a	6590
report that is made to the state highway patrol as described in	6591
section 5120.173 of the Revised Code, shall result in protective	6592
services and emergency supportive services being made available by	6593
the public children services agency on behalf of the children	6594
about whom the report is made, in an effort to prevent further	6595
neglect or abuse, to enhance their welfare, and, whenever	6596
possible, to preserve the family unit intact. The agency required	6597
to provide the services shall be the agency conducting the	6598
investigation of the report pursuant to section 2151.422 of the	6599
Revised Code.	6600

(J)(1) Each public children services agency shall prepare a	6601
memorandum of understanding that is signed by all of the	6602
following:	6603

(a) If there is only one juvenile judge in the county, the	6604
juvenile judge of the county or the juvenile judge's	6605
representative;	6606

(b) If there is more than one juvenile judge in the county, a	6607
juvenile judge or the juvenile judges' representative selected by	6608
the juvenile judges or, if they are unable to do so for any	6609
reason, the juvenile judge who is senior in point of service or	6610
the senior juvenile judge's representative;	6611

6612

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

6613

(e) Other law enforcement officers handling child abuse and	6614
neglect cases in the county;	6615

(f) The prosecuting attorney of the county;

6616

(g) If the public children services agency is not the county	6617
department of job and family services, the county department of	6618
job and family services;	6619

(h) The county humane society;

6620

(i) If the public children services agency participated in	6621
the execution of a memorandum of understanding under section	6622
2151.426 of the Revised Code establishing a children's advocacy	6623
center, each participating member of the children's advocacy	6624
center established by the memorandum.	6625

(2) A memorandum of understanding shall set forth the normal	6626
operating procedure to be employed by all concerned officials in	6627
the execution of their respective responsibilities under this	6628
section and division (C) of section 2919.21, division (B)(1) of	6629
section 2919.22, division (B) of section 2919.23, and section	6630
2919.24 of the Revised Code and shall have as two of its primary	6631
goals the elimination of all unnecessary interviews of children	6632
who are the subject of reports made pursuant to division (A) or	6633
(B) of this section and, when feasible, providing for only one	6634
interview of a child who is the subject of any report made	6635
pursuant to division (A) or (B) of this section. A failure to	6636
follow the procedure set forth in the memorandum by the concerned	6637
officials is not grounds for, and shall not result in, the	6638
dismissal of any charges or complaint arising from any reported	6639
case of abuse or neglect or the suppression of any evidence	6640
obtained as a result of any reported child abuse or child neglect	6641
and does not give, and shall not be construed as giving, any	6642
rights or any grounds for appeal or post-conviction relief to any	6643
person.	6644

(3) A memorandum of understanding shall include all of the	6645
following:	6646

(a) The roles and responsibilities for handling emergency and	6647
nonemergency cases of abuse and neglect;	6648

(b) Standards and procedures to be used in handling and	6649
coordinating investigations of reported cases of child abuse and	6650
reported cases of child neglect, methods to be used in	6651
interviewing the child who is the subject of the report and who	6652
allegedly was abused or neglected, and standards and procedures	6653
addressing the categories of persons who may interview the child	6654
who is the subject of the report and who allegedly was abused or	6655
neglected.	6656

(4) If a public children services agency participated in the	6657
execution of a memorandum of understanding under section 2151.426	6658
of the Revised Code establishing a children's advocacy center, the	6659
agency shall incorporate the contents of that memorandum in the	6660
memorandum prepared pursuant to this section.	6661

(5) The clerk of the court of common pleas in the county may	6662
sign the memorandum of understanding prepared under division	6663
(J)(1) of this section. If the clerk signs the memorandum of	6664
understanding, the clerk shall execute all relevant	6665
responsibilities as required of officials specified in the	6666
memorandum.	6667

(K)(1) Except as provided in division (K)(4) of this section,	6668
a person who is required to make a report pursuant to division (A)	6669
of this section may make a reasonable number of requests of the	6670
public children services agency that receives or is referred the	6671
report, or of the children's advocacy center that is referred the	6672
report if the report is referred to a children's advocacy center	6673
pursuant to an interagency agreement entered into under section	6674
2151.428 of the Revised Code, to be provided with the following	6675
information:	6676

(a) Whether the agency or center has initiated an	6677
investigation of the report;	6678

(b) Whether the agency or center is continuing to investigate	6679
the report;	6680

(c) Whether the agency or center is otherwise involved with	6681
the child who is the subject of the report;	6682

(d) The general status of the health and safety of the child	6683
who is the subject of the report;	6684

(e) Whether the report has resulted in the filing of a	6685
complaint in juvenile court or of criminal charges in another	6686
court.	6687

(2) A person may request the information specified in	6688
division (K)(1) of this section only if, at the time the report is	6689
made, the person's name, address, and telephone number are	6690
provided to the person who receives the report.	6691

When a municipal or county peace officer or employee of a	6692
public children services agency receives a report pursuant to	6693
division (A) or (B) of this section the recipient of the report	6694
shall inform the person of the right to request the information	6695
described in division (K)(1) of this section. The recipient of the	6696
report shall include in the initial child abuse or child neglect	6697
report that the person making the report was so informed and, if	6698
provided at the time of the making of the report, shall include	6699
the person's name, address, and telephone number in the report.	6700

Each request is subject to verification of the identity of	6701
the person making the report. If that person's identity is	6702
verified, the agency shall provide the person with the information	6703
described in division (K)(1) of this section a reasonable number	6704
of times, except that the agency shall not disclose any	6705
confidential information regarding the child who is the subject of	6706
the report other than the information described in those	6707
divisions.	6708

(3) A request made pursuant to division (K)(1) of this	6709
section is not a substitute for any report required to be made	6710
pursuant to division (A) of this section.	6711

(4) If an agency other than the agency that received or was	6712
referred the report is conducting the investigation of the report	6713
pursuant to section 2151.422 of the Revised Code, the agency	6714
conducting the investigation shall comply with the requirements of	6715
division (K) of this section.	6716

(L) The director of job and family services shall adopt rules	6717
in accordance with Chapter 119. of the Revised Code to implement	6718
this section. The department of job and family services may enter	6719
into a plan of cooperation with any other governmental entity to	6720
aid in ensuring that children are protected from abuse and	6721
neglect. The department shall make recommendations to the attorney	6722
general that the department determines are necessary to protect	6723
children from child abuse and child neglect.	6724

(M) Whoever violates division (A) of this section is liable	6725
for compensatory and exemplary damages to the child who would have	6726
been the subject of the report that was not made. A person who	6727
brings a civil action or proceeding pursuant to this division	6728
against a person who is alleged to have violated division (A)(1)	6729
of this section may use in the action or proceeding reports of	6730
other incidents of known or suspected abuse or neglect, provided	6731
that any information in a report that would identify the child who	6732
is the subject of the report or the maker of the report, if the	6733
maker is not the defendant or an agent or employee of the	6734
defendant, has been redacted.	6735

(N)(1) As used in this division:

6736

(a) "Out-of-home care" includes a nonchartered nonpublic	6737
school if the alleged child abuse or child neglect, or alleged	6738
threat of child abuse or child neglect, described in a report	6739
received by a public children services agency allegedly occurred	6740
in or involved the nonchartered nonpublic school and the alleged	6741
perpetrator named in the report holds a certificate, permit, or	6742
license issued by the state board of education under section	6743
3301.071 or Chapter 3319. of the Revised Code.	6744

(b) "Administrator, director, or other chief administrative	6745
officer" means the superintendent of the school district if the	6746
out-of-home care entity subject to a report made pursuant to this	6747
section is a school operated by the district.	6748

(2) No later than the end of the day following the day on	6749
which a public children services agency receives a report of	6750
alleged child abuse or child neglect, or a report of an alleged	6751
threat of child abuse or child neglect, that allegedly occurred in	6752
or involved an out-of-home care entity, the agency shall provide	6753
written notice of the allegations contained in and the person	6754
named as the alleged perpetrator in the report to the	6755
administrator, director, or other chief administrative officer of	6756
the out-of-home care entity that is the subject of the report	6757
unless the administrator, director, or other chief administrative	6758
officer is named as an alleged perpetrator in the report. If the	6759
administrator, director, or other chief administrative officer of	6760
an out-of-home care entity is named as an alleged perpetrator in a	6761
report of alleged child abuse or child neglect, or a report of an	6762
alleged threat of child abuse or child neglect, that allegedly	6763
occurred in or involved the out-of-home care entity, the agency	6764
shall provide the written notice to the owner or governing board	6765
of the out-of-home care entity that is the subject of the report.	6766
The agency shall not provide witness statements or police or other	6767
investigative reports.	6768

(3) No later than three days after the day on which a public	6769
children services agency that conducted the investigation as	6770
determined pursuant to section 2151.422 of the Revised Code makes	6771
a disposition of an investigation involving a report of alleged	6772
child abuse or child neglect, or a report of an alleged threat of	6773
child abuse or child neglect, that allegedly occurred in or	6774
involved an out-of-home care entity, the agency shall send written	6775
notice of the disposition of the investigation to the	6776
administrator, director, or other chief administrative officer and	6777
the owner or governing board of the out-of-home care entity. The	6778
agency shall not provide witness statements or police or other	6779
investigative reports.	6780

Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the	6781
Revised Code:	6782

(A) "Care facility" means any of the following:

6783

(1) Any "home" as defined in section 3721.10 or 5111.20 of	6784
the Revised Code;	6785

(2) Any "residential facility" as defined in section 5123.19	6786
of the Revised Code;	6787

(3) Any institution or facility operated or provided by the	6788
department of mental health or by the department of ~~mental~~	6789
~~retardation and~~ developmental disabilities pursuant to sections	6790
5119.02 and 5123.03 of the Revised Code;	6791

(4) Any "residential facility" as defined in section 5119.22	6792
of the Revised Code;	6793

(5) Any unit of any hospital, as defined in section 3701.01	6794
of the Revised Code, that provides the same services as a nursing	6795
home, as defined in section 3721.01 of the Revised Code;	6796

(6) Any institution, residence, or facility that provides,	6797
for a period of more than twenty-four hours, whether for a	6798
consideration or not, accommodations to one individual or two	6799
unrelated individuals who are dependent upon the services of	6800
others;	6801

(7) Any "adult care facility" as defined in section 3722.01	6802
of the Revised Code;	6803

(8) Any adult foster home certified by the department of	6804
aging or its designee under section 173.36 of the Revised Code;	6805

(9) Any "community alternative home" as defined in section	6806
3724.01 of the Revised Code.	6807

(B) "Abuse" means knowingly causing physical harm or	6808
recklessly causing serious physical harm to a person by physical	6809
contact with the person or by the inappropriate use of a physical	6810
or chemical restraint, medication, or isolation on the person.	6811

(C)(1) "Gross neglect" means knowingly failing to provide a	6812
person with any treatment, care, goods, or service that is	6813
necessary to maintain the health or safety of the person when the	6814
failure results in physical harm or serious physical harm to the	6815
person.	6816

(2) "Neglect" means recklessly failing to provide a person	6817
with any treatment, care, goods, or service that is necessary to	6818
maintain the health or safety of the person when the failure	6819
results in serious physical harm to the person.	6820

(D) "Inappropriate use of a physical or chemical restraint,	6821
medication, or isolation" means the use of physical or chemical	6822
restraint, medication, or isolation as punishment, for staff	6823
convenience, excessively, as a substitute for treatment, or in	6824
quantities that preclude habilitation and treatment.	6825

Sec. 2919.271. (A)(1)(a) If a defendant is charged with a	6826
violation of section 2919.27 of the Revised Code or of a municipal	6827
ordinance that is substantially similar to that section, the court	6828
may order an evaluation of the mental condition of the defendant	6829
if the court determines that either of the following criteria	6830
apply:	6831

(i) If the alleged violation is a violation of a protection	6832
order issued or consent agreement approved pursuant to section	6833
2919.26 or 3113.31 of the Revised Code, that the violation	6834
allegedly involves conduct by the defendant that caused physical	6835
harm to the person or property of a family or household member	6836
covered by the order or agreement, or conduct by the defendant	6837
that caused a family or household member to believe that the	6838
defendant would cause physical harm to that member or that	6839
member's property.	6840

(ii) If the alleged violation is a violation of a protection	6841
order issued pursuant to section 2903.213 or 2903.214 of the	6842
Revised Code or a protection order issued by a court of another	6843
state, that the violation allegedly involves conduct by the	6844
defendant that caused physical harm to the person or property of	6845
the person covered by the order, or conduct by the defendant that	6846
caused the person covered by the order to believe that the	6847
defendant would cause physical harm to that person or that	6848
person's property.	6849

(b) If a defendant is charged with a violation of section	6850
2903.211 of the Revised Code or of a municipal ordinance that is	6851
substantially similar to that section, the court may order an	6852
evaluation of the mental condition of the defendant.	6853

(2) An evaluation ordered under division (A)(1) of this	6854
section shall be completed no later than thirty days from the date	6855
the order is entered pursuant to that division. In that order, the	6856
court shall do either of the following:	6857

(a) Order that the evaluation of the mental condition of the	6858
defendant be preceded by an examination conducted either by a	6859
forensic center that is designated by the department of mental	6860
health to conduct examinations and make evaluations of defendants	6861
charged with violations of section 2903.211 or 2919.27 of the	6862
Revised Code or of substantially similar municipal ordinances in	6863
the area in which the court is located, or by any other program or	6864
facility that is designated by the department of mental health or	6865
the department of ~~mental retardation and~~ developmental	6866
disabilities to conduct examinations and make evaluations of	6867
defendants charged with violations of section 2903.211 or 2919.27	6868
of the Revised Code or of substantially similar municipal	6869
ordinances, and that is operated by either department or is	6870
certified by either department as being in compliance with the	6871
standards established under division (I) of section 5119.01 of the	6872
Revised Code or division (C) of section 5123.04 of the Revised	6873
Code.	6874

(b) Designate a center, program, or facility other than one	6875
designated by the department of mental health or the department of	6876
~~mental retardation and~~ developmental disabilities, as described in	6877
division (A)(2)(a) of this section, to conduct the evaluation and	6878
preceding examination of the mental condition of the defendant.	6879

Whether the court acts pursuant to division (A)(2)(a) or (b)	6880
of this section, the court may designate examiners other than the	6881
personnel of the center, program, facility, or department involved	6882
to make the evaluation and preceding examination of the mental	6883
condition of the defendant.	6884

(B) If the court considers that additional evaluations of the	6885
mental condition of a defendant are necessary following the	6886
evaluation authorized by division (A) of this section, the court	6887
may order up to two additional similar evaluations. These	6888
evaluations shall be completed no later than thirty days from the	6889
date the applicable court order is entered. If more than one	6890
evaluation of the mental condition of the defendant is ordered	6891
under this division, the prosecutor and the defendant may	6892
recommend to the court an examiner whom each prefers to perform	6893
one of the evaluations and preceding examinations.	6894

(C)(1) The court may order a defendant who has been released	6895
on bail to submit to an examination under division (A) or (B) of	6896
this section. The examination shall be conducted either at the	6897
detention facility in which the defendant would have been confined	6898
if the defendant had not been released on bail, or, if so	6899
specified by the center, program, facility, or examiners involved,	6900
at the premises of the center, program, or facility. Additionally,	6901
the examination shall be conducted at the times established by the	6902
examiners involved. If such a defendant refuses to submit to an	6903
examination or a complete examination as required by the court or	6904
the center, program, facility, or examiners involved, the court	6905
may amend the conditions of the bail of the defendant and order	6906
the sheriff to take the defendant into custody and deliver the	6907
defendant to the detention facility in which the defendant would	6908
have been confined if the defendant had not been released on bail,	6909
or, if so specified by the center, program, facility, or examiners	6910
involved, to the premises of the center, program, or facility, for	6911
purposes of the examination.	6912

(2) A defendant who has not been released on bail shall be	6913
examined at the detention facility in which the defendant is	6914
confined or, if so specified by the center, program, facility, or	6915
examiners involved, at the premises of the center, program, or	6916
facility.	6917

(D) The examiner of the mental condition of a defendant under	6918
division (A) or (B) of this section shall file a written report	6919
with the court within thirty days after the entry of an order for	6920
the evaluation of the mental condition of the defendant. The	6921
report shall contain the findings of the examiner; the facts in	6922
reasonable detail on which the findings are based; the opinion of	6923
the examiner as to the mental condition of the defendant; the	6924
opinion of the examiner as to whether the defendant represents a	6925
substantial risk of physical harm to other persons as manifested	6926
by evidence of recent homicidal or other violent behavior,	6927
evidence of recent threats that placed other persons in reasonable	6928
fear of violent behavior and serious physical harm, or evidence of	6929
present dangerousness; and the opinion of the examiner as to the	6930
types of treatment or counseling that the defendant needs. The	6931
court shall provide copies of the report to the prosecutor and	6932
defense counsel.	6933

(E) The costs of any evaluation and preceding examination of	6934
a defendant that is ordered pursuant to division (A) or (B) of	6935
this section shall be taxed as court costs in the criminal case.	6936

(F) If the examiner considers it necessary in order to make	6937
an accurate evaluation of the mental condition of a defendant, an	6938
examiner under division (A) or (B) of this section may request any	6939
family or household member of the defendant to provide the	6940
examiner with information. A family or household member may, but	6941
is not required to, provide information to the examiner upon	6942
receipt of the request.	6943

(G) As used in this section:

6944

(1) "Bail" includes a recognizance.

6945

(2) "Examiner" means a psychiatrist, a licensed independent	6946
social worker who is employed by a forensic center that is	6947
certified as being in compliance with the standards established	6948
under division (I) of section 5119.01 or division (C) of section	6949
5123.04 of the Revised Code, a licensed professional clinical	6950
counselor who is employed at a forensic center that is certified	6951
as being in compliance with such standards, or a licensed clinical	6952
psychologist, except that in order to be an examiner, a licensed	6953
clinical psychologist shall meet the criteria of division (I)(1)	6954
of section 5122.01 of the Revised Code or be employed to conduct	6955
examinations by the department of mental health or by a forensic	6956
center certified as being in compliance with the standards	6957
established under division (I) of section 5119.01 or division (C)	6958
of section 5123.04 of the Revised Code that is designated by the	6959
department of mental health.	6960

(3) "Family or household member" has the same meaning as in	6961
section 2919.25 of the Revised Code.	6962

(4) "Prosecutor" has the same meaning as in section 2935.01	6963
of the Revised Code.	6964

(5) "Psychiatrist" and "licensed clinical psychologist" have	6965
the same meanings as in section 5122.01 of the Revised Code.	6966

(6) "Protection order issued by a court of another state" has	6967
the same meaning as in section 2919.27 of the Revised Code.	6968

Sec. 2921.36. (A) No person shall knowingly convey, or	6969
attempt to convey, onto the grounds of a detention facility or of	6970
an institution, office building, or other place that is under the	6971
control of the department of mental health, the department of	6972
~~mental retardation and~~ developmental disabilities, the department	6973
of youth services, or the department of rehabilitation and	6974
correction any of the following items:	6975

(1) Any deadly weapon or dangerous ordnance, as defined in	6976
section 2923.11 of the Revised Code, or any part of or ammunition	6977
for use in such a deadly weapon or dangerous ordnance;	6978

(2) Any drug of abuse, as defined in section 3719.011 of the	6979
Revised Code;	6980

(3) Any intoxicating liquor, as defined in section 4301.01 of	6981
the Revised Code.	6982

(B) Division (A) of this section does not apply to any person	6983
who conveys or attempts to convey an item onto the grounds of a	6984
detention facility or of an institution, office building, or other	6985
place under the control of the department of mental health, the	6986
department of ~~mental retardation and~~ developmental disabilities,	6987
the department of youth services, or the department of	6988
rehabilitation and correction pursuant to the written	6989
authorization of the person in charge of the detention facility or	6990
the institution, office building, or other place and in accordance	6991
with the written rules of the detention facility or the	6992
institution, office building, or other place.	6993

(C) No person shall knowingly deliver, or attempt to deliver,	6994
to any person who is confined in a detention facility, to a child	6995
confined in a youth services facility, to a prisoner who is	6996
temporarily released from confinement for a work assignment, or to	6997
any patient in an institution under the control of the department	6998
of mental health or the department of ~~mental retardation and~~	6999
developmental disabilities any item listed in division (A)(1),	7000
(2), or (3) of this section.	7001

(D) No person shall knowingly deliver, or attempt to deliver,	7002
cash to any person who is confined in a detention facility, to a	7003
child confined in a youth services facility, or to a prisoner who	7004
is temporarily released from confinement for a work assignment.	7005

(E) No person shall knowingly deliver, or attempt to deliver,	7006
to any person who is confined in a detention facility, to a child	7007
confined in a youth services facility, or to a prisoner who is	7008
temporarily released from confinement for a work assignment a	7009
cellular telephone, two-way radio, or other electronic	7010
communications device.	7011

(F)(1) It is an affirmative defense to a charge under	7012
division (A)(1) of this section that the weapon or dangerous	7013
ordnance in question was being transported in a motor vehicle for	7014
any lawful purpose, that it was not on the actor's person, and, if	7015
the weapon or dangerous ordnance in question was a firearm, that	7016
it was unloaded and was being carried in a closed package, box, or	7017
case or in a compartment that can be reached only by leaving the	7018
vehicle.	7019

(2) It is an affirmative defense to a charge under division	7020
(C) of this section that the actor was not otherwise prohibited by	7021
law from delivering the item to the confined person, the child,	7022
the prisoner, or the patient and that either of the following	7023
applies:	7024

(a) The actor was permitted by the written rules of the	7025
detention facility or the institution, office building, or other	7026
place to deliver the item to the confined person or the patient.	7027

(b) The actor was given written authorization by the person	7028
in charge of the detention facility or the institution, office	7029
building, or other place to deliver the item to the confined	7030
person or the patient.	7031

(G)(1) Whoever violates division (A)(1) of this section or	7032
commits a violation of division (C) of this section involving an	7033
item listed in division (A)(1) of this section is guilty of	7034
illegal conveyance of weapons onto the grounds of a specified	7035
governmental facility, a felony of the third degree. If the	7036
offender is an officer or employee of the department of	7037
rehabilitation and correction, the court shall impose a mandatory	7038
prison term.	7039

(2) Whoever violates division (A)(2) of this section or	7040
commits a violation of division (C) of this section involving any	7041
drug of abuse is guilty of illegal conveyance of drugs of abuse	7042
onto the grounds of a specified governmental facility, a felony of	7043
the third degree. If the offender is an officer or employee of the	7044
department of rehabilitation and correction or of the department	7045
of youth services, the court shall impose a mandatory prison	7046
term.	7047

(3) Whoever violates division (A)(3) of this section or	7048
commits a violation of division (C) of this section involving any	7049
intoxicating liquor is guilty of illegal conveyance of	7050
intoxicating liquor onto the grounds of a specified governmental	7051
facility, a misdemeanor of the second degree.	7052

(4) Whoever violates division (D) of this section is guilty	7053
of illegal conveyance of cash onto the grounds of a detention	7054
facility, a misdemeanor of the first degree. If the offender	7055
previously has been convicted of or pleaded guilty to a violation	7056
of division (D) of this section, illegal conveyance of cash onto	7057
the grounds of a detention facility is a felony of the fifth	7058
degree.	7059

(5) Whoever violates division (E) of this section is guilty	7060
of illegal conveyance of a communications device onto the grounds	7061
of a specified governmental facility, a misdemeanor of the first	7062
degree, or if the offender previously has been convicted of or	7063
pleaded guilty to a violation of division (E) of this section, a	7064
felony of the fifth degree.	7065

Sec. 2921.38. (A) No person who is confined in a detention	7066
facility, with intent to harass, annoy, threaten, or alarm another	7067
person, shall cause or attempt to cause the other person to come	7068
into contact with blood, semen, urine, feces, or another bodily	7069
substance by throwing the bodily substance at the other person, by	7070
expelling the bodily substance upon the other person, or in any	7071
other manner.	7072

(B) No person, with intent to harass, annoy, threaten, or	7073
alarm a law enforcement officer, shall cause or attempt to cause	7074
the law enforcement officer to come into contact with blood,	7075
semen, urine, feces, or another bodily substance by throwing the	7076
bodily substance at the law enforcement officer, by expelling the	7077
bodily substance upon the law enforcement officer, or in any other	7078
manner.	7079

(C) No person, with knowledge that the person is a carrier of	7080
the virus that causes acquired immunodeficiency syndrome, is a	7081
carrier of a hepatitis virus, or is infected with tuberculosis and	7082
with intent to harass, annoy, threaten, or alarm another person,	7083
shall cause or attempt to cause the other person to come into	7084
contact with blood, semen, urine, feces, or another bodily	7085
substance by throwing the bodily substance at the other person, by	7086
expelling the bodily substance upon the other person, or in any	7087
other manner.	7088

(D) Whoever violates this section is guilty of harassment	7089
with a bodily substance. A violation of division (A) or (B) of	7090
this section is a felony of the fifth degree. A violation of	7091
division (C) of this section is a felony of the third degree.	7092

(E)(1) The court, on request of the prosecutor, or the law	7093
enforcement authority responsible for the investigation of the	7094
violation, shall cause a person who allegedly has committed a	7095
violation of this section to submit to one or more appropriate	7096
tests to determine if the person is a carrier of the virus that	7097
causes acquired immunodeficiency syndrome, is a carrier of a	7098
hepatitis virus, or is infected with tuberculosis.	7099

(2) The court shall charge the offender with the costs of the	7100
test or tests ordered under division (E)(1) of this section unless	7101
the court determines that the accused is unable to pay, in which	7102
case the costs shall be charged to the entity that operates the	7103
detention facility in which the alleged offense occurred.	7104

(F) This section does not apply to a person who is	7105
hospitalized, institutionalized, or confined in a facility	7106
operated by the department of mental health or the department of	7107
~~mental retardation and~~ developmental disabilities.	7108

Sec. 2930.061. (A) If a person is charged in a complaint,	7109
indictment, or information with any crime or specified delinquent	7110
act or with any other violation of law, and if the case involves a	7111
victim that the prosecutor in the case knows is a mentally	7112
retarded person or a developmentally disabled person, in addition	7113
to any other notices required under this chapter or under any	7114
other provision of law, the prosecutor in the case shall send	7115
written notice of the charges to the department of ~~mental~~	7116
~~retardation and~~ developmental disabilities. The written notice	7117
shall specifically identify the person so charged.	7118

(B) As used in this section, "mentally retarded person" and	7119
"developmentally disabled person" have the same meanings as in	7120
section 5123.01 of the Revised Code.	7121

Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,	7122
deputy marshal, municipal police officer, township constable,	7123
police officer of a township or joint township police district,	7124
member of a police force employed by a metropolitan housing	7125
authority under division (D) of section 3735.31 of the Revised	7126
Code, member of a police force employed by a regional transit	7127
authority under division (Y) of section 306.35 of the Revised	7128
Code, state university law enforcement officer appointed under	7129
section 3345.04 of the Revised Code, veterans' home police officer	7130
appointed under section 5907.02 of the Revised Code, special	7131
police officer employed by a port authority under section 4582.04	7132
or 4582.28 of the Revised Code, or a special police officer	7133
employed by a municipal corporation at a municipal airport, or	7134
other municipal air navigation facility, that has scheduled	7135
operations, as defined in section 119.3 of Title 14 of the Code of	7136
Federal Regulations, 14 C.F.R. 119.3, as amended, and that is	7137
required to be under a security program and is governed by	7138
aviation security rules of the transportation security	7139
administration of the United States department of transportation	7140
as provided in Parts 1542. and 1544. of Title 49 of the Code of	7141
Federal Regulations, as amended, shall arrest and detain, until a	7142
warrant can be obtained, a person found violating, within the	7143
limits of the political subdivision, metropolitan housing	7144
authority housing project, regional transit authority facilities	7145
or areas of a municipal corporation that have been agreed to by a	7146
regional transit authority and a municipal corporation located	7147
within its territorial jurisdiction, college, university,	7148
veterans' home operated under Chapter 5907. of the Revised Code,	7149
port authority, or municipal airport or other municipal air	7150
navigation facility, in which the peace officer is appointed,	7151
employed, or elected, a law of this state, an ordinance of a	7152
municipal corporation, or a resolution of a township.	7153

(2) A peace officer of the department of natural resources, a	7154
state fire marshal law enforcement officer described in division	7155
(A)(23) of section 109.71 of the Revised Code, or an individual	7156
designated to perform law enforcement duties under section	7157
511.232, 1545.13, or 6101.75 of the Revised Code shall arrest and	7158
detain, until a warrant can be obtained, a person found	7159
violating, within the limits of the peace officer's, state fire	7160
marshal law enforcement officer's, or individual's territorial	7161
jurisdiction, a law of this state.	7162

(3) The house sergeant at arms if the house sergeant at arms	7163
has arrest authority pursuant to division (E)(1) of section	7164
101.311 of the Revised Code and an assistant house sergeant at	7165
arms shall arrest and detain, until a warrant can be obtained, a	7166
person found violating, within the limits of the sergeant at	7167
arms's or assistant sergeant at arms's territorial jurisdiction	7168
specified in division (D)(1)(a) of section 101.311 of the Revised	7169
Code or while providing security pursuant to division (D)(1)(f) of	7170
section 101.311 of the Revised Code, a law of this state, an	7171
ordinance of a municipal corporation, or a resolution of a	7172
township.	7173

(B)(1) When there is reasonable ground to believe that an	7174
offense of violence, the offense of criminal child enticement as	7175
defined in section 2905.05 of the Revised Code, the offense of	7176
public indecency as defined in section 2907.09 of the Revised	7177
Code, the offense of domestic violence as defined in section	7178
2919.25 of the Revised Code, the offense of violating a protection	7179
order as defined in section 2919.27 of the Revised Code, the	7180
offense of menacing by stalking as defined in section 2903.211 of	7181
the Revised Code, the offense of aggravated trespass as defined in	7182
section 2911.211 of the Revised Code, a theft offense as defined	7183
in section 2913.01 of the Revised Code, or a felony drug abuse	7184
offense as defined in section 2925.01 of the Revised Code, has	7185
been committed within the limits of the political subdivision,	7186
metropolitan housing authority housing project, regional transit	7187
authority facilities or those areas of a municipal corporation	7188
that have been agreed to by a regional transit authority and a	7189
municipal corporation located within its territorial jurisdiction,	7190
college, university, veterans' home operated under Chapter 5907.	7191
of the Revised Code, port authority, or municipal airport or other	7192
municipal air navigation facility, in which the peace officer is	7193
appointed, employed, or elected or within the limits of the	7194
territorial jurisdiction of the peace officer, a peace officer	7195
described in division (A) of this section may arrest and detain	7196
until a warrant can be obtained any person who the peace officer	7197
has reasonable cause to believe is guilty of the violation.	7198

(2) For purposes of division (B)(1) of this section, the	7199
execution of any of the following constitutes reasonable ground to	7200
believe that the offense alleged in the statement was committed	7201
and reasonable cause to believe that the person alleged in the	7202
statement to have committed the offense is guilty of the	7203
violation:	7204

(a) A written statement by a person alleging that an alleged	7205
offender has committed the offense of menacing by stalking or	7206
aggravated trespass;	7207

(b) A written statement by the administrator of the	7208
interstate compact on mental health appointed under section	7209
5119.51 of the Revised Code alleging that a person who had been	7210
hospitalized, institutionalized, or confined in any facility under	7211
an order made pursuant to or under authority of section 2945.37,	7212
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	7213
Revised Code has escaped from the facility, from confinement in a	7214
vehicle for transportation to or from the facility, or from	7215
supervision by an employee of the facility that is incidental to	7216
hospitalization, institutionalization, or confinement in the	7217
facility and that occurs outside of the facility, in violation of	7218
section 2921.34 of the Revised Code;	7219

(c) A written statement by the administrator of any facility	7220
in which a person has been hospitalized, institutionalized, or	7221
confined under an order made pursuant to or under authority of	7222
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	7223
2945.402 of the Revised Code alleging that the person has escaped	7224
from the facility, from confinement in a vehicle for	7225
transportation to or from the facility, or from supervision by an	7226
employee of the facility that is incidental to hospitalization,	7227
institutionalization, or confinement in the facility and that	7228
occurs outside of the facility, in violation of section 2921.34 of	7229
the Revised Code.	7230

(3)(a) For purposes of division (B)(1) of this section, a	7231
peace officer described in division (A) of this section has	7232
reasonable grounds to believe that the offense of domestic	7233
violence or the offense of violating a protection order has been	7234
committed and reasonable cause to believe that a particular person	7235
is guilty of committing the offense if any of the following	7236
occurs:	7237

(i) A person executes a written statement alleging that the	7238
person in question has committed the offense of domestic violence	7239
or the offense of violating a protection order against the person	7240
who executes the statement or against a child of the person who	7241
executes the statement.	7242

(ii) No written statement of the type described in division	7243
(B)(3)(a)(i) of this section is executed, but the peace officer,	7244
based upon the peace officer's own knowledge and observation of	7245
the facts and circumstances of the alleged incident of the offense	7246
of domestic violence or the alleged incident of the offense of	7247
violating a protection order or based upon any other information,	7248
including, but not limited to, any reasonably trustworthy	7249
information given to the peace officer by the alleged victim of	7250
the alleged incident of the offense or any witness of the alleged	7251
incident of the offense, concludes that there are reasonable	7252
grounds to believe that the offense of domestic violence or the	7253
offense of violating a protection order has been committed and	7254
reasonable cause to believe that the person in question is guilty	7255
of committing the offense.	7256

(iii) No written statement of the type described in division	7257
(B)(3)(a)(i) of this section is executed, but the peace officer	7258
witnessed the person in question commit the offense of domestic	7259
violence or the offense of violating a protection order.	7260

(b) If pursuant to division (B)(3)(a) of this section a peace	7261
officer has reasonable grounds to believe that the offense of	7262
domestic violence or the offense of violating a protection order	7263
has been committed and reasonable cause to believe that a	7264
particular person is guilty of committing the offense, it is the	7265
preferred course of action in this state that the officer arrest	7266
and detain that person pursuant to division (B)(1) of this section	7267
until a warrant can be obtained.	7268

If pursuant to division (B)(3)(a) of this section a peace	7269
officer has reasonable grounds to believe that the offense of	7270
domestic violence or the offense of violating a protection order	7271
has been committed and reasonable cause to believe that family or	7272
household members have committed the offense against each other,	7273
it is the preferred course of action in this state that the	7274
officer, pursuant to division (B)(1) of this section, arrest and	7275
detain until a warrant can be obtained the family or household	7276
member who committed the offense and whom the officer has	7277
reasonable cause to believe is the primary physical aggressor.	7278
There is no preferred course of action in this state regarding any	7279
other family or household member who committed the offense and	7280
whom the officer does not have reasonable cause to believe is the	7281
primary physical aggressor, but, pursuant to division (B)(1) of	7282
this section, the peace officer may arrest and detain until a	7283
warrant can be obtained any other family or household member who	7284
committed the offense and whom the officer does not have	7285
reasonable cause to believe is the primary physical aggressor.	7286

(c) If a peace officer described in division (A) of this	7287
section does not arrest and detain a person whom the officer has	7288
reasonable cause to believe committed the offense of domestic	7289
violence or the offense of violating a protection order when it is	7290
the preferred course of action in this state pursuant to division	7291
(B)(3)(b) of this section that the officer arrest that person, the	7292
officer shall articulate in the written report of the incident	7293
required by section 2935.032 of the Revised Code a clear statement	7294
of the officer's reasons for not arresting and detaining that	7295
person until a warrant can be obtained.	7296

(d) In determining for purposes of division (B)(3)(b) of this	7297
section which family or household member is the primary physical	7298
aggressor in a situation in which family or household members have	7299
committed the offense of domestic violence or the offense of	7300
violating a protection order against each other, a peace officer	7301
described in division (A) of this section, in addition to any	7302
other relevant circumstances, should consider all of the	7303
following:	7304

(i) Any history of domestic violence or of any other violent	7305
acts by either person involved in the alleged offense that the	7306
officer reasonably can ascertain;	7307

(ii) If violence is alleged, whether the alleged violence was	7308
caused by a person acting in self-defense;	7309

(iii) Each person's fear of physical harm, if any, resulting	7310
from the other person's threatened use of force against any person	7311
or resulting from the other person's use or history of the use of	7312
force against any person, and the reasonableness of that fear;	7313

(iv) The comparative severity of any injuries suffered by the	7314
persons involved in the alleged offense.	7315

(e)(i) A peace officer described in division (A) of this	7316
section shall not require, as a prerequisite to arresting or	7317
charging a person who has committed the offense of domestic	7318
violence or the offense of violating a protection order, that the	7319
victim of the offense specifically consent to the filing of	7320
charges against the person who has committed the offense or sign a	7321
complaint against the person who has committed the offense.	7322

(ii) If a person is arrested for or charged with committing	7323
the offense of domestic violence or the offense of violating a	7324
protection order and if the victim of the offense does not	7325
cooperate with the involved law enforcement or prosecuting	7326
authorities in the prosecution of the offense or, subsequent to	7327
the arrest or the filing of the charges, informs the involved law	7328
enforcement or prosecuting authorities that the victim does not	7329
wish the prosecution of the offense to continue or wishes to drop	7330
charges against the alleged offender relative to the offense, the	7331
involved prosecuting authorities, in determining whether to	7332
continue with the prosecution of the offense or whether to dismiss	7333
charges against the alleged offender relative to the offense and	7334
notwithstanding the victim's failure to cooperate or the victim's	7335
wishes, shall consider all facts and circumstances that are	7336
relevant to the offense, including, but not limited to, the	7337
statements and observations of the peace officers who responded to	7338
the incident that resulted in the arrest or filing of the charges	7339
and of all witnesses to that incident.	7340

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	7341
this section whether to arrest a person pursuant to division	7342
(B)(1) of this section, a peace officer described in division (A)	7343
of this section shall not consider as a factor any possible	7344
shortage of cell space at the detention facility to which the	7345
person will be taken subsequent to the person's arrest or any	7346
possibility that the person's arrest might cause, contribute to,	7347
or exacerbate overcrowding at that detention facility or at any	7348
other detention facility.	7349

(g) If a peace officer described in division (A) of this	7350
section intends pursuant to divisions (B)(3)(a) to (g) of this	7351
section to arrest a person pursuant to division (B)(1) of this	7352
section and if the officer is unable to do so because the person	7353
is not present, the officer promptly shall seek a warrant for the	7354
arrest of the person.	7355

(h) If a peace officer described in division (A) of this	7356
section responds to a report of an alleged incident of the offense	7357
of domestic violence or an alleged incident of the offense of	7358
violating a protection order and if the circumstances of the	7359
incident involved the use or threatened use of a deadly weapon or	7360
any person involved in the incident brandished a deadly weapon	7361
during or in relation to the incident, the deadly weapon that was	7362
used, threatened to be used, or brandished constitutes contraband,	7363
and, to the extent possible, the officer shall seize the deadly	7364
weapon as contraband pursuant to Chapter 2981. of the Revised	7365
Code. Upon the seizure of a deadly weapon pursuant to division	7366
(B)(3)(h) of this section, section 2981.12 of the Revised Code	7367
shall apply regarding the treatment and disposition of the deadly	7368
weapon. For purposes of that section, the "underlying criminal	7369
offense" that was the basis of the seizure of a deadly weapon	7370
under division (B)(3)(h) of this section and to which the deadly	7371
weapon had a relationship is any of the following that is	7372
applicable:	7373

(i) The alleged incident of the offense of domestic violence	7374
or the alleged incident of the offense of violating a protection	7375
order to which the officer who seized the deadly weapon responded;	7376

(ii) Any offense that arose out of the same facts and	7377
circumstances as the report of the alleged incident of the offense	7378
of domestic violence or the alleged incident of the offense of	7379
violating a protection order to which the officer who seized the	7380
deadly weapon responded.	7381

(4) If, in the circumstances described in divisions (B)(3)(a)	7382
to (g) of this section, a peace officer described in division (A)	7383
of this section arrests and detains a person pursuant to division	7384
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	7385
this section, a peace officer described in division (A) of this	7386
section seizes a deadly weapon, the officer, to the extent	7387
described in and in accordance with section 9.86 or 2744.03 of the	7388
Revised Code, is immune in any civil action for damages for	7389
injury, death, or loss to person or property that arises from or	7390
is related to the arrest and detention or the seizure.	7391

(C) When there is reasonable ground to believe that a	7392
violation of division (A)(1), (2), (3), (4), or (5) of section	7393
4506.15 or a violation of section 4511.19 of the Revised Code has	7394
been committed by a person operating a motor vehicle subject to	7395
regulation by the public utilities commission of Ohio under Title	7396
XLIX of the Revised Code, a peace officer with authority to	7397
enforce that provision of law may stop or detain the person whom	7398
the officer has reasonable cause to believe was operating the	7399
motor vehicle in violation of the division or section and, after	7400
investigating the circumstances surrounding the operation of the	7401
vehicle, may arrest and detain the person.	7402

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	7403
municipal police officer, member of a police force employed by a	7404
metropolitan housing authority under division (D) of section	7405
3735.31 of the Revised Code, member of a police force employed by	7406
a regional transit authority under division (Y) of section 306.35	7407
of the Revised Code, special police officer employed by a port	7408
authority under section 4582.04 or 4582.28 of the Revised Code,	7409
special police officer employed by a municipal corporation at a	7410
municipal airport or other municipal air navigation facility	7411
described in division (A) of this section, township constable,	7412
police officer of a township or joint township police district,	7413
state university law enforcement officer appointed under section	7414
3345.04 of the Revised Code, peace officer of the department of	7415
natural resources, individual designated to perform law	7416
enforcement duties under section 511.232, 1545.13, or 6101.75 of	7417
the Revised Code, the house sergeant at arms if the house sergeant	7418
at arms has arrest authority pursuant to division (E)(1) of	7419
section 101.311 of the Revised Code, or an assistant house	7420
sergeant at arms is authorized by division (A) or (B) of this	7421
section to arrest and detain, within the limits of the political	7422
subdivision, metropolitan housing authority housing project,	7423
regional transit authority facilities or those areas of a	7424
municipal corporation that have been agreed to by a regional	7425
transit authority and a municipal corporation located within its	7426
territorial jurisdiction, port authority, municipal airport or	7427
other municipal air navigation facility, college, or university in	7428
which the officer is appointed, employed, or elected or within the	7429
limits of the territorial jurisdiction of the peace officer, a	7430
person until a warrant can be obtained, the peace officer, outside	7431
the limits of that territory, may pursue, arrest, and detain that	7432
person until a warrant can be obtained if all of the following	7433
apply:	7434

(1) The pursuit takes place without unreasonable delay after	7435
the offense is committed;	7436

(2) The pursuit is initiated within the limits of the	7437
political subdivision, metropolitan housing authority housing	7438
project, regional transit authority facilities or those areas of a	7439
municipal corporation that have been agreed to by a regional	7440
transit authority and a municipal corporation located within its	7441
territorial jurisdiction, port authority, municipal airport or	7442
other municipal air navigation facility, college, or university in	7443
which the peace officer is appointed, employed, or elected or	7444
within the limits of the territorial jurisdiction of the peace	7445
officer;	7446

(3) The offense involved is a felony, a misdemeanor of the	7447
first degree or a substantially equivalent municipal ordinance, a	7448
misdemeanor of the second degree or a substantially equivalent	7449
municipal ordinance, or any offense for which points are	7450
chargeable pursuant to section 4510.036 of the Revised Code.	7451

(E) In addition to the authority granted under division (A)	7452
or (B) of this section:	7453

(1) A sheriff or deputy sheriff may arrest and detain, until	7454
a warrant can be obtained, any person found violating section	7455
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	7456
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	7457
portion of any street or highway that is located immediately	7458
adjacent to the boundaries of the county in which the sheriff or	7459
deputy sheriff is elected or appointed.	7460

(2) A member of the police force of a township police	7461
district created under section 505.48 of the Revised Code, a	7462
member of the police force of a joint township police district	7463
created under section 505.481 of the Revised Code, or a township	7464
constable appointed in accordance with section 509.01 of the	7465
Revised Code, who has received a certificate from the Ohio peace	7466
officer training commission under section 109.75 of the Revised	7467
Code, may arrest and detain, until a warrant can be obtained, any	7468
person found violating any section or chapter of the Revised Code	7469
listed in division (E)(1) of this section, other than sections	7470
4513.33 and 4513.34 of the Revised Code, on the portion of any	7471
street or highway that is located immediately adjacent to the	7472
boundaries of the township police district or joint township	7473
police district, in the case of a member of a township police	7474
district or joint township police district police force, or the	7475
unincorporated territory of the township, in the case of a	7476
township constable. However, if the population of the township	7477
that created the township police district served by the member's	7478
police force, or the townships that created the joint township	7479
police district served by the member's police force, or the	7480
township that is served by the township constable, is sixty	7481
thousand or less, the member of the township police district or	7482
joint police district police force or the township constable may	7483
not make an arrest under division (E)(2) of this section on a	7484
state highway that is included as part of the interstate system.	7485

(3) A police officer or village marshal appointed, elected,	7486
or employed by a municipal corporation may arrest and detain,	7487
until a warrant can be obtained, any person found violating any	7488
section or chapter of the Revised Code listed in division (E)(1)	7489
of this section on the portion of any street or highway that is	7490
located immediately adjacent to the boundaries of the municipal	7491
corporation in which the police officer or village marshal is	7492
appointed, elected, or employed.	7493

(4) A peace officer of the department of natural resources, a	7494
state fire marshal law enforcement officer described in division	7495
(A)(23) of section 109.71 of the Revised Code, or an individual	7496
designated to perform law enforcement duties under section	7497
511.232, 1545.13, or 6101.75 of the Revised Code may arrest and	7498
detain, until a warrant can be obtained, any person found	7499
violating any section or chapter of the Revised Code listed in	7500
division (E)(1) of this section, other than sections 4513.33 and	7501
4513.34 of the Revised Code, on the portion of any street or	7502
highway that is located immediately adjacent to the boundaries of	7503
the lands and waters that constitute the territorial jurisdiction	7504
of the peace officer or state fire marshal law enforcement	7505
officer.	7506

(F)(1) A department of mental health special police officer	7507
or a department of ~~mental retardation and~~ developmental	7508
disabilities special police officer may arrest without a warrant	7509
and detain until a warrant can be obtained any person found	7510
committing on the premises of any institution under the	7511
jurisdiction of the particular department a misdemeanor under a	7512
law of the state.	7513

A department of mental health special police officer or a	7514
department of ~~mental retardation and~~ developmental disabilities	7515
special police officer may arrest without a warrant and detain	7516
until a warrant can be obtained any person who has been	7517
hospitalized, institutionalized, or confined in an institution	7518
under the jurisdiction of the particular department pursuant to or	7519
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	7520
2945.40, 2945.401, or 2945.402 of the Revised Code and who is	7521
found committing on the premises of any institution under the	7522
jurisdiction of the particular department a violation of section	7523
2921.34 of the Revised Code that involves an escape from the	7524
premises of the institution.	7525

(2)(a) If a department of mental health special police	7526
officer or a department of ~~mental retardation and~~ developmental	7527
disabilities special police officer finds any person who has been	7528
hospitalized, institutionalized, or confined in an institution	7529
under the jurisdiction of the particular department pursuant to or	7530
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	7531
2945.40, 2945.401, or 2945.402 of the Revised Code committing a	7532
violation of section 2921.34 of the Revised Code that involves an	7533
escape from the premises of the institution, or if there is	7534
reasonable ground to believe that a violation of section 2921.34	7535
of the Revised Code has been committed that involves an escape	7536
from the premises of an institution under the jurisdiction of the	7537
department of mental health or the department of ~~mental~~	7538
~~retardation and~~ developmental disabilities and if a department of	7539
mental health special police officer or a department of ~~mental~~	7540
~~retardation and~~ developmental disabilities special police officer	7541
has reasonable cause to believe that a particular person who has	7542
been hospitalized, institutionalized, or confined in the	7543
institution pursuant to or under authority of section 2945.37,	7544
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	7545
Revised Code is guilty of the violation, the special police	7546
officer, outside of the premises of the institution, may pursue,	7547
arrest, and detain that person for that violation of section	7548
2921.34 of the Revised Code, until a warrant can be obtained, if	7549
both of the following apply:	7550

(i) The pursuit takes place without unreasonable delay after	7551
the offense is committed;	7552

(ii) The pursuit is initiated within the premises of the	7553
institution from which the violation of section 2921.34 of the	7554
Revised Code occurred.	7555

(b) For purposes of division (F)(2)(a) of this section, the	7556
execution of a written statement by the administrator of the	7557
institution in which a person had been hospitalized,	7558
institutionalized, or confined pursuant to or under authority of	7559
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	7560
2945.402 of the Revised Code alleging that the person has escaped	7561
from the premises of the institution in violation of section	7562
2921.34 of the Revised Code constitutes reasonable ground to	7563
believe that the violation was committed and reasonable cause to	7564
believe that the person alleged in the statement to have committed	7565
the offense is guilty of the violation.	7566

(G) As used in this section:

7567

(1) A "department of mental health special police officer"	7568
means a special police officer of the department of mental health	7569
designated under section 5119.14 of the Revised Code who is	7570
certified by the Ohio peace officer training commission under	7571
section 109.77 of the Revised Code as having successfully	7572
completed an approved peace officer basic training program.	7573

(2) A "department of ~~mental retardation and~~ developmental	7574
disabilities special police officer" means a special police	7575
officer of the department of ~~mental retardation and~~ developmental	7576
disabilities designated under section 5123.13 of the Revised Code	7577
who is certified by the Ohio peace officer training council under	7578
section 109.77 of the Revised Code as having successfully	7579
completed an approved peace officer basic training program.	7580

(3) "Deadly weapon" has the same meaning as in section	7581
2923.11 of the Revised Code.	7582

(4) "Family or household member" has the same meaning as in	7583
section 2919.25 of the Revised Code.	7584

(5) "Street" or "highway" has the same meaning as in section	7585
4511.01 of the Revised Code.	7586

(6) "Interstate system" has the same meaning as in section	7587
5516.01 of the Revised Code.	7588

(7) "Peace officer of the department of natural resources"	7589
means an employee of the department of natural resources who is a	7590
natural resources law enforcement staff officer designated	7591
pursuant to section 1501.013 of the Revised Code, a forest officer	7592
designated pursuant to section 1503.29 of the Revised Code, a	7593
preserve officer designated pursuant to section 1517.10 of the	7594
Revised Code, a wildlife officer designated pursuant to section	7595
1531.13 of the Revised Code, a park officer designated pursuant to	7596
section 1541.10 of the Revised Code, or a state watercraft officer	7597
designated pursuant to section 1547.521 of the Revised Code.	7598

(8) "Portion of any street or highway" means all lanes of the	7599
street or highway irrespective of direction of travel, including	7600
designated turn lanes, and any berm, median, or shoulder.	7601

Sec. 2945.37. (A) As used in sections 2945.37 to 2945.402 of	7602
the Revised Code:	7603

(1) "Prosecutor" means a prosecuting attorney or a city	7604
director of law, village solicitor, or similar chief legal officer	7605
of a municipal corporation who has authority to prosecute a	7606
criminal case that is before the court or the criminal case in	7607
which a defendant in a criminal case has been found incompetent to	7608
stand trial or not guilty by reason of insanity.	7609

(2) "Examiner" means either of the following:

7610

(a) A psychiatrist or a licensed clinical psychologist who	7611
satisfies the criteria of division (I)(1) of section 5122.01 of	7612
the Revised Code or is employed by a certified forensic center	7613
designated by the department of mental health to conduct	7614
examinations or evaluations.	7615

(b) For purposes of a separate mental retardation evaluation	7616
that is ordered by a court pursuant to division (H) of section	7617
2945.371 of the Revised Code, a psychologist designated by the	7618
director of ~~mental retardation and~~ developmental disabilities	7619
pursuant to that section to conduct that separate mental	7620
retardation evaluation.	7621

(3) "Nonsecured status" means any unsupervised, off-grounds	7622
movement or trial visit from a hospital or institution, or any	7623
conditional release, that is granted to a person who is found	7624
incompetent to stand trial and is committed pursuant to section	7625
2945.39 of the Revised Code or to a person who is found not guilty	7626
by reason of insanity and is committed pursuant to section 2945.40	7627
of the Revised Code.	7628

(4) "Unsupervised, off-grounds movement" includes only	7629
off-grounds privileges that are unsupervised and that have an	7630
expectation of return to the hospital or institution on a daily	7631
basis.	7632

(5) "Trial visit" means a patient privilege of a longer	7633
stated duration of unsupervised community contact with an	7634
expectation of return to the hospital or institution at designated	7635
times.	7636

(6) "Conditional release" means a commitment status under	7637
which the trial court at any time may revoke a person's	7638
conditional release and order the rehospitalization or	7639
reinstitutionalization of the person as described in division (A)	7640
of section 2945.402 of the Revised Code and pursuant to which a	7641
person who is found incompetent to stand trial or a person who is	7642
found not guilty by reason of insanity lives and receives	7643
treatment in the community for a period of time that does not	7644
exceed the maximum prison term or term of imprisonment that the	7645
person could have received for the offense in question had the	7646
person been convicted of the offense instead of being found	7647
incompetent to stand trial on the charge of the offense or being	7648
found not guilty by reason of insanity relative to the offense.	7649

(7) "Licensed clinical psychologist," "mentally ill person	7650
subject to hospitalization by court order," and "psychiatrist"	7651
have the same meanings as in section 5122.01 of the Revised Code.	7652

(8) "Mentally retarded person subject to institutionalization	7653
by court order" has the same meaning as in section 5123.01 of the	7654
Revised Code.	7655

(B) In a criminal action in a court of common pleas, a county	7656
court, or a municipal court, the court, prosecutor, or defense may	7657
raise the issue of the defendant's competence to stand trial. If	7658
the issue is raised before the trial has commenced, the court	7659
shall hold a hearing on the issue as provided in this section. If	7660
the issue is raised after the trial has commenced, the court shall	7661
hold a hearing on the issue only for good cause shown or on the	7662
court's own motion.	7663

(C) The court shall conduct the hearing required or	7664
authorized under division (B) of this section within thirty days	7665
after the issue is raised, unless the defendant has been referred	7666
for evaluation in which case the court shall conduct the hearing	7667
within ten days after the filing of the report of the evaluation	7668
or, in the case of a defendant who is ordered by the court	7669
pursuant to division (H) of section 2945.371 of the Revised Code	7670
to undergo a separate mental retardation evaluation conducted by a	7671
psychologist designated by the director of ~~mental retardation and~~	7672
developmental disabilities, within ten days after the filing of	7673
the report of the separate mental retardation evaluation under	7674
that division. A hearing may be continued for good cause.	7675

(D) The defendant shall be represented by counsel at the	7676
hearing conducted under division (C) of this section. If the	7677
defendant is unable to obtain counsel, the court shall appoint	7678
counsel under Chapter 120. of the Revised Code or under the	7679
authority recognized in division (C) of section 120.06, division	7680
(E) of section 120.16, division (E) of section 120.26, or section	7681
2941.51 of the Revised Code before proceeding with the hearing.	7682

(E) The prosecutor and defense counsel may submit evidence on	7683
the issue of the defendant's competence to stand trial. A written	7684
report of the evaluation of the defendant may be admitted into	7685
evidence at the hearing by stipulation, but, if either the	7686
prosecution or defense objects to its admission, the report may be	7687
admitted under sections 2317.36 to 2317.38 of the Revised Code or	7688
any other applicable statute or rule.	7689

(F) The court shall not find a defendant incompetent to stand	7690
trial solely because the defendant is receiving or has received	7691
treatment as a voluntary or involuntary mentally ill patient under	7692
Chapter 5122. or a voluntary or involuntary mentally retarded	7693
resident under Chapter 5123. of the Revised Code or because the	7694
defendant is receiving or has received psychotropic drugs or other	7695
medication, even if the defendant might become incompetent to	7696
stand trial without the drugs or medication.	7697

(G) A defendant is presumed to be competent to stand trial.	7698
If, after a hearing, the court finds by a preponderance of the	7699
evidence that, because of the defendant's present mental	7700
condition, the defendant is incapable of understanding the nature	7701
and objective of the proceedings against the defendant or of	7702
assisting in the defendant's defense, the court shall find the	7703
defendant incompetent to stand trial and shall enter an order	7704
authorized by section 2945.38 of the Revised Code.	7705

(H) Municipal courts shall follow the procedures set forth in	7706
sections 2945.37 to 2945.402 of the Revised Code. Except as	7707
provided in section 2945.371 of the Revised Code, a municipal	7708
court shall not order an evaluation of the defendant's competence	7709
to stand trial or the defendant's mental condition at the time of	7710
the commission of the offense to be conducted at any hospital	7711
operated by the department of mental health. Those evaluations	7712
shall be performed through community resources including, but not	7713
limited to, certified forensic centers, court probation	7714
departments, and community mental health agencies. All expenses of	7715
the evaluations shall be borne by the legislative authority of the	7716
municipal court, as defined in section 1901.03 of the Revised	7717
Code, and shall be taxed as costs in the case. If a defendant is	7718
found incompetent to stand trial or not guilty by reason of	7719
insanity, a municipal court may commit the defendant as provided	7720
in sections 2945.38 to 2945.402 of the Revised Code.	7721

Sec. 2945.371. (A) If the issue of a defendant's competence	7722
to stand trial is raised or if a defendant enters a plea of not	7723
guilty by reason of insanity, the court may order one or more	7724
evaluations of the defendant's present mental condition or, in the	7725
case of a plea of not guilty by reason of insanity, of the	7726
defendant's mental condition at the time of the offense charged.	7727
An examiner shall conduct the evaluation.	7728

(B) If the court orders more than one evaluation under	7729
division (A) of this section, the prosecutor and the defendant may	7730
recommend to the court an examiner whom each prefers to perform	7731
one of the evaluations. If a defendant enters a plea of not guilty	7732
by reason of insanity and if the court does not designate an	7733
examiner recommended by the defendant, the court shall inform the	7734
defendant that the defendant may have independent expert	7735
evaluation and that, if the defendant is unable to obtain	7736
independent expert evaluation, it will be obtained for the	7737
defendant at public expense if the defendant is indigent.	7738

(C) If the court orders an evaluation under division (A) of	7739
this section, the defendant shall be available at the times and	7740
places established by the examiners who are to conduct the	7741
evaluation. The court may order a defendant who has been released	7742
on bail or recognizance to submit to an evaluation under this	7743
section. If a defendant who has been released on bail or	7744
recognizance refuses to submit to a complete evaluation, the court	7745
may amend the conditions of bail or recognizance and order the	7746
sheriff to take the defendant into custody and deliver the	7747
defendant to a center, program, or facility operated or certified	7748
by the department of mental health or the department of ~~mental~~	7749
~~retardation and~~ developmental disabilities where the defendant may	7750
be held for evaluation for a reasonable period of time not to	7751
exceed twenty days.	7752

(D) A defendant who has not been released on bail or	7753
recognizance may be evaluated at the defendant's place of	7754
detention. Upon the request of the examiner, the court may order	7755
the sheriff to transport the defendant to a program or facility	7756
operated by the department of mental health or the department of	7757
~~mental retardation and~~ developmental disabilities, where the	7758
defendant may be held for evaluation for a reasonable period of	7759
time not to exceed twenty days, and to return the defendant to the	7760
place of detention after the evaluation. A municipal court may	7761
make an order under this division only upon the request of a	7762
certified forensic center examiner.	7763

(E) If a court orders the evaluation to determine a	7764
defendant's mental condition at the time of the offense charged,	7765
the court shall inform the examiner of the offense with which the	7766
defendant is charged.	7767

(F) In conducting an evaluation of a defendant's mental	7768
condition at the time of the offense charged, the examiner shall	7769
consider all relevant evidence. If the offense charged involves	7770
the use of force against another person, the relevant evidence to	7771
be considered includes, but is not limited to, any evidence that	7772
the defendant suffered, at the time of the commission of the	7773
offense, from the "battered woman syndrome."	7774

(G) The examiner shall file a written report with the court	7775
within thirty days after entry of a court order for evaluation,	7776
and the court shall provide copies of the report to the prosecutor	7777
and defense counsel. The report shall include all of the	7778
following:	7779

(1) The examiner's findings;

7780

(2) The facts in reasonable detail on which the findings are	7781
based;	7782

(3) If the evaluation was ordered to determine the	7783
defendant's competence to stand trial, all of the following	7784
findings or recommendations that are applicable:	7785

(a) Whether the defendant is capable of understanding the	7786
nature and objective of the proceedings against the defendant or	7787
of assisting in the defendant's defense;	7788

(b) If the examiner's opinion is that the defendant is	7789
incapable of understanding the nature and objective of the	7790
proceedings against the defendant or of assisting in the	7791
defendant's defense, whether the defendant presently is mentally	7792
ill or mentally retarded and, if the examiner's opinion is that	7793
the defendant presently is mentally retarded, whether the	7794
defendant appears to be a mentally retarded person subject to	7795
institutionalization by court order;	7796

(c) If the examiner's opinion is that the defendant is	7797
incapable of understanding the nature and objective of the	7798
proceedings against the defendant or of assisting in the	7799
defendant's defense, the examiner's opinion as to the likelihood	7800
of the defendant becoming capable of understanding the nature and	7801
objective of the proceedings against the defendant and of	7802
assisting in the defendant's defense within one year if the	7803
defendant is provided with a course of treatment;	7804

(d) If the examiner's opinion is that the defendant is	7805
incapable of understanding the nature and objective of the	7806
proceedings against the defendant or of assisting in the	7807
defendant's defense and that the defendant presently is mentally	7808
ill or mentally retarded, the examiner's recommendation as to the	7809
least restrictive treatment alternative, consistent with the	7810
defendant's treatment needs for restoration to competency and with	7811
the safety of the community.	7812

(4) If the evaluation was ordered to determine the	7813
defendant's mental condition at the time of the offense charged,	7814
the examiner's findings as to whether the defendant, at the time	7815
of the offense charged, did not know, as a result of a severe	7816
mental disease or defect, the wrongfulness of the defendant's acts	7817
charged.	7818

(H) If the examiner's report filed under division (G) of this	7819
section indicates that in the examiner's opinion the defendant is	7820
incapable of understanding the nature and objective of the	7821
proceedings against the defendant or of assisting in the	7822
defendant's defense and that in the examiner's opinion the	7823
defendant appears to be a mentally retarded person subject to	7824
institutionalization by court order, the court shall order the	7825
defendant to undergo a separate mental retardation evaluation	7826
conducted by a psychologist designated by the director of ~~mental~~	7827
~~retardation and~~ developmental disabilities. Divisions (C) to (F)	7828
of this section apply in relation to a separate mental retardation	7829
evaluation conducted under this division. The psychologist	7830
appointed under this division to conduct the separate mental	7831
retardation evaluation shall file a written report with the court	7832
within thirty days after the entry of the court order requiring	7833
the separate mental retardation evaluation, and the court shall	7834
provide copies of the report to the prosecutor and defense	7835
counsel. The report shall include all of the information described	7836
in divisions (G)(1) to (4) of this section. If the court orders a	7837
separate mental retardation evaluation of a defendant under this	7838
division, the court shall not conduct a hearing under divisions	7839
(B) to (H) of section 2945.37 of the Revised Code regarding that	7840
defendant until a report of the separate mental retardation	7841
evaluation conducted under this division has been filed. Upon the	7842
filing of that report, the court shall conduct the hearing within	7843
the period of time specified in division (C) of section 2945.37 of	7844
the Revised Code.	7845

(I) An examiner appointed under divisions (A) and (B) of this	7846
section or under division (H) of this section to evaluate a	7847
defendant to determine the defendant's competence to stand trial	7848
also may be appointed to evaluate a defendant who has entered a	7849
plea of not guilty by reason of insanity, but an examiner of that	7850
nature shall prepare separate reports on the issue of competence	7851
to stand trial and the defense of not guilty by reason of	7852
insanity.	7853

(J) No statement that a defendant makes in an evaluation or	7854
hearing under divisions (A) to (H) of this section relating to the	7855
defendant's competence to stand trial or to the defendant's mental	7856
condition at the time of the offense charged shall be used against	7857
the defendant on the issue of guilt in any criminal action or	7858
proceeding, but, in a criminal action or proceeding, the	7859
prosecutor or defense counsel may call as a witness any person who	7860
evaluated the defendant or prepared a report pursuant to a	7861
referral under this section. Neither the appointment nor the	7862
testimony of an examiner appointed under this section precludes	7863
the prosecutor or defense counsel from calling other witnesses or	7864
presenting other evidence on competency or insanity issues.	7865

(K) Persons appointed as examiners under divisions (A) and	7866
(B) of this section or under division (H) of this section shall be	7867
paid a reasonable amount for their services and expenses, as	7868
certified by the court. The certified amount shall be paid by the	7869
county in the case of county courts and courts of common pleas and	7870
by the legislative authority, as defined in section 1901.03 of the	7871
Revised Code, in the case of municipal courts.	7872

Sec. 2945.38. (A) If the issue of a defendant's competence	7873
to stand trial is raised and if the court, upon conducting the	7874
hearing provided for in section 2945.37 of the Revised Code, finds	7875
that the defendant is competent to stand trial, the defendant	7876
shall be proceeded against as provided by law. If the court finds	7877
the defendant competent to stand trial and the defendant is	7878
receiving psychotropic drugs or other medication, the court may	7879
authorize the continued administration of the drugs or medication	7880
or other appropriate treatment in order to maintain the	7881
defendant's competence to stand trial, unless the defendant's	7882
attending physician advises the court against continuation of the	7883
drugs, other medication, or treatment.	7884

(B)(1)(a) If, after taking into consideration all relevant	7885
reports, information, and other evidence, the court finds that the	7886
defendant is incompetent to stand trial and that there is a	7887
substantial probability that the defendant will become competent	7888
to stand trial within one year if the defendant is provided with a	7889
course of treatment, the court shall order the defendant to	7890
undergo treatment. If the defendant has been charged with a felony	7891
offense and if, after taking into consideration all relevant	7892
reports, information, and other evidence, the court finds that the	7893
defendant is incompetent to stand trial, but the court is unable	7894
at that time to determine whether there is a substantial	7895
probability that the defendant will become competent to stand	7896
trial within one year if the defendant is provided with a course	7897
of treatment, the court shall order continuing evaluation and	7898
treatment of the defendant for a period not to exceed four months	7899
to determine whether there is a substantial probability that the	7900
defendant will become competent to stand trial within one year if	7901
the defendant is provided with a course of treatment.	7902

(b) The court order for the defendant to undergo treatment or	7903
continuing evaluation and treatment under division (B)(1)(a) of	7904
this section shall specify that the treatment or continuing	7905
evaluation and treatment shall occur at a facility operated by the	7906
department of mental health or the department of ~~mental~~	7907
~~retardation and~~ developmental disabilities, at a facility	7908
certified by either of those departments as being qualified to	7909
treat mental illness or mental retardation, at a public or private	7910
community mental health or mental retardation facility, or by a	7911
psychiatrist or another mental health or mental retardation	7912
professional. The order may restrict the defendant's freedom of	7913
movement as the court considers necessary. The prosecutor in the	7914
defendant's case shall send to the chief clinical officer of the	7915
hospital or facility, the managing officer of the institution, the	7916
director of the program, or the person to which the defendant is	7917
committed copies of relevant police reports and other background	7918
information that pertains to the defendant and is available to the	7919
prosecutor unless the prosecutor determines that the release of	7920
any of the information in the police reports or any of the other	7921
background information to unauthorized persons would interfere	7922
with the effective prosecution of any person or would create a	7923
substantial risk of harm to any person.	7924

In determining placement alternatives, the court shall	7925
consider the extent to which the person is a danger to the person	7926
and to others, the need for security, and the type of crime	7927
involved and shall order the least restrictive alternative	7928
available that is consistent with public safety and treatment	7929
goals. In weighing these factors, the court shall give preference	7930
to protecting public safety.	7931

(c) If the defendant is found incompetent to stand trial, if	7932
the chief clinical officer of the hospital or facility, the	7933
managing officer of the institution, the director of the program,	7934
or the person to which the defendant is committed for treatment or	7935
continuing evaluation and treatment under division (B)(1)(b) of	7936
this section determines that medication is necessary to restore	7937
the defendant's competency to stand trial, and if the defendant	7938
lacks the capacity to give informed consent or refuses medication,	7939
the chief clinical officer, managing officer, director, or person	7940
to which the defendant is committed for treatment or continuing	7941
evaluation and treatment may petition the court for authorization	7942
for the involuntary administration of medication. The court shall	7943
hold a hearing on the petition within five days of the filing of	7944
the petition if the petition was filed in a municipal court or a	7945
county court regarding an incompetent defendant charged with a	7946
misdemeanor or within ten days of the filing of the petition if	7947
the petition was filed in a court of common pleas regarding an	7948
incompetent defendant charged with a felony offense. Following the	7949
hearing, the court may authorize the involuntary administration of	7950
medication or may dismiss the petition.	7951

(2) If the court finds that the defendant is incompetent to	7952
stand trial and that, even if the defendant is provided with a	7953
course of treatment, there is not a substantial probability that	7954
the defendant will become competent to stand trial within one	7955
year, the court shall order the discharge of the defendant,	7956
unless upon motion of the prosecutor or on its own motion, the	7957
court either seeks to retain jurisdiction over the defendant	7958
pursuant to section 2945.39 of the Revised Code or files an	7959
affidavit in the probate court for the civil commitment of the	7960
defendant pursuant to Chapter 5122. or 5123. of the Revised Code	7961
alleging that the defendant is a mentally ill person subject to	7962
hospitalization by court order or a mentally retarded person	7963
subject to institutionalization by court order. If an affidavit is	7964
filed in the probate court, the trial court shall send to the	7965
probate court copies of all written reports of the defendant's	7966
mental condition that were prepared pursuant to section 2945.371	7967
of the Revised Code.	7968

The trial court may issue the temporary order of detention	7969
that a probate court may issue under section 5122.11 or 5123.71 of	7970
the Revised Code, to remain in effect until the probable cause or	7971
initial hearing in the probate court. Further proceedings in the	7972
probate court are civil proceedings governed by Chapter 5122. or	7973
5123. of the Revised Code.	7974

(C) No defendant shall be required to undergo treatment,	7975
including any continuing evaluation and treatment, under division	7976
(B)(1) of this section for longer than whichever of the following	7977
periods is applicable:	7978

(1) One year, if the most serious offense with which the	7979
defendant is charged is one of the following offenses:	7980

(a) Aggravated murder, murder, or an offense of violence for	7981
which a sentence of death or life imprisonment may be imposed;	7982

(b) An offense of violence that is a felony of the first or	7983
second degree;	7984

(c) A conspiracy to commit, an attempt to commit, or	7985
complicity in the commission of an offense described in division	7986
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	7987
complicity is a felony of the first or second degree.	7988

(2) Six months, if the most serious offense with which the	7989
defendant is charged is a felony other than a felony described in	7990
division (C)(1) of this section;	7991

(3) Sixty days, if the most serious offense with which the	7992
defendant is charged is a misdemeanor of the first or second	7993
degree;	7994

(4) Thirty days, if the most serious offense with which the	7995
defendant is charged is a misdemeanor of the third or fourth	7996
degree, a minor misdemeanor, or an unclassified misdemeanor.	7997

(D) Any defendant who is committed pursuant to this section	7998
shall not voluntarily admit the defendant or be voluntarily	7999
admitted to a hospital or institution pursuant to section 5122.02,	8000
5122.15, 5123.69, or 5123.76 of the Revised Code.	8001

(E) Except as otherwise provided in this division, a	8002
defendant who is charged with an offense and is committed to a	8003
hospital or other institution by the court under this section	8004
shall not be granted unsupervised on-grounds movement, supervised	8005
off-grounds movement, or nonsecured status. The court may grant a	8006
defendant supervised off-grounds movement to obtain medical	8007
treatment or specialized habilitation treatment services if the	8008
person who supervises the treatment or the continuing evaluation	8009
and treatment of the defendant ordered under division (B)(1)(a) of	8010
this section informs the court that the treatment or continuing	8011
evaluation and treatment cannot be provided at the hospital or the	8012
institution to which the defendant is committed. The chief	8013
clinical officer of the hospital or the managing officer of the	8014
institution to which the defendant is committed or a designee of	8015
either of those persons may grant a defendant movement to a	8016
medical facility for an emergency medical situation with	8017
appropriate supervision to ensure the safety of the defendant,	8018
staff, and community during that emergency medical situation. The	8019
chief clinical officer of the hospital or the managing officer of	8020
the institution shall notify the court within twenty-four hours of	8021
the defendant's movement to the medical facility for an emergency	8022
medical situation under this division.	8023

(F) The person who supervises the treatment or continuing	8024
evaluation and treatment of a defendant ordered to undergo	8025
treatment or continuing evaluation and treatment under division	8026
(B)(1)(a) of this section shall file a written report with the	8027
court at the following times:	8028

(1) Whenever the person believes the defendant is capable of	8029
understanding the nature and objective of the proceedings against	8030
the defendant and of assisting in the defendant's defense;	8031

(2) For a felony offense, fourteen days before expiration of	8032
the maximum time for treatment as specified in division (C) of	8033
this section and fourteen days before the expiration of the	8034
maximum time for continuing evaluation and treatment as specified	8035
in division (B)(1)(a) of this section, and, for a misdemeanor	8036
offense, ten days before the expiration of the maximum time for	8037
treatment, as specified in division (C) of this section;	8038

(3) At a minimum, after each six months of treatment;

8039

(4) Whenever the person who supervises the treatment or	8040
continuing evaluation and treatment of a defendant ordered under	8041
division (B)(1)(a) of this section believes that there is not a	8042
substantial probability that the defendant will become capable of	8043
understanding the nature and objective of the proceedings against	8044
the defendant or of assisting in the defendant's defense even if	8045
the defendant is provided with a course of treatment.	8046

(G) A report under division (F) of this section shall contain	8047
the examiner's findings, the facts in reasonable detail on which	8048
the findings are based, and the examiner's opinion as to the	8049
defendant's capability of understanding the nature and objective	8050
of the proceedings against the defendant and of assisting in the	8051
defendant's defense. If, in the examiner's opinion, the defendant	8052
remains incapable of understanding the nature and objective of the	8053
proceedings against the defendant and of assisting in the	8054
defendant's defense and there is a substantial probability that	8055
the defendant will become capable of understanding the nature and	8056
objective of the proceedings against the defendant and of	8057
assisting in the defendant's defense if the defendant is provided	8058
with a course of treatment, if in the examiner's opinion the	8059
defendant remains mentally ill or mentally retarded, and if the	8060
maximum time for treatment as specified in division (C) of this	8061
section has not expired, the report also shall contain the	8062
examiner's recommendation as to the least restrictive treatment	8063
alternative that is consistent with the defendant's treatment	8064
needs for restoration to competency and with the safety of the	8065
community. The court shall provide copies of the report to the	8066
prosecutor and defense counsel.	8067

(H) If a defendant is committed pursuant to division (B)(1)	8068
of this section, within ten days after the treating physician of	8069
the defendant or the examiner of the defendant who is employed or	8070
retained by the treating facility advises that there is not a	8071
substantial probability that the defendant will become capable of	8072
understanding the nature and objective of the proceedings against	8073
the defendant or of assisting in the defendant's defense even if	8074
the defendant is provided with a course of treatment, within ten	8075
days after the expiration of the maximum time for treatment as	8076
specified in division (C) of this section, within ten days after	8077
the expiration of the maximum time for continuing evaluation and	8078
treatment as specified in division (B)(1)(a) of this section,	8079
within thirty days after a defendant's request for a hearing that	8080
is made after six months of treatment, or within thirty days after	8081
being advised by the treating physician or examiner that the	8082
defendant is competent to stand trial, whichever is the earliest,	8083
the court shall conduct another hearing to determine if the	8084
defendant is competent to stand trial and shall do whichever of	8085
the following is applicable:	8086

(1) If the court finds that the defendant is competent to	8087
stand trial, the defendant shall be proceeded against as provided	8088
by law.	8089

(2) If the court finds that the defendant is incompetent to	8090
stand trial, but that there is a substantial probability that the	8091
defendant will become competent to stand trial if the defendant is	8092
provided with a course of treatment, and the maximum time for	8093
treatment as specified in division (C) of this section has not	8094
expired, the court, after consideration of the examiner's	8095
recommendation, shall order that treatment be continued, may	8096
change the facility or program at which the treatment is to be	8097
continued, and shall specify whether the treatment is to be	8098
continued at the same or a different facility or program.	8099

(3) If the court finds that the defendant is incompetent to	8100
stand trial, if the defendant is charged with an offense listed in	8101
division (C)(1) of this section, and if the court finds that there	8102
is not a substantial probability that the defendant will become	8103
competent to stand trial even if the defendant is provided with a	8104
course of treatment, or if the maximum time for treatment relative	8105
to that offense as specified in division (C) of this section has	8106
expired, further proceedings shall be as provided in sections	8107
2945.39, 2945.401, and 2945.402 of the Revised Code.	8108

(4) If the court finds that the defendant is incompetent to	8109
stand trial, if the most serious offense with which the defendant	8110
is charged is a misdemeanor or a felony other than a felony listed	8111
in division (C)(1) of this section, and if the court finds that	8112
there is not a substantial probability that the defendant will	8113
become competent to stand trial even if the defendant is provided	8114
with a course of treatment, or if the maximum time for treatment	8115
relative to that offense as specified in division (C) of this	8116
section has expired, the court shall dismiss the indictment,	8117
information, or complaint against the defendant. A dismissal under	8118
this division is not a bar to further prosecution based on the	8119
same conduct. The court shall discharge the defendant unless the	8120
court or prosecutor files an affidavit in probate court for civil	8121
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	8122
If an affidavit for civil commitment is filed, the court may	8123
detain the defendant for ten days pending civil commitment. All of	8124
the following provisions apply to persons charged with a	8125
misdemeanor or a felony other than a felony listed in division	8126
(C)(1) of this section who are committed by the probate court	8127
subsequent to the court's or prosecutor's filing of an affidavit	8128
for civil commitment under authority of this division:	8129

(a) The chief clinical officer of the hospital or facility,	8130
the managing officer of the institution, the director of the	8131
program, or the person to which the defendant is committed or	8132
admitted shall do all of the following:	8133

(i) Notify the prosecutor, in writing, of the discharge of	8134
the defendant, send the notice at least ten days prior to the	8135
discharge unless the discharge is by the probate court, and state	8136
in the notice the date on which the defendant will be discharged;	8137

(ii) Notify the prosecutor, in writing, when the defendant is	8138
absent without leave or is granted unsupervised, off-grounds	8139
movement, and send this notice promptly after the discovery of the	8140
absence without leave or prior to the granting of the	8141
unsupervised, off-grounds movement, whichever is applicable;	8142

(iii) Notify the prosecutor, in writing, of the change of the	8143
defendant's commitment or admission to voluntary status, send the	8144
notice promptly upon learning of the change to voluntary status,	8145
and state in the notice the date on which the defendant was	8146
committed or admitted on a voluntary status.	8147

(b) Upon receiving notice that the defendant will be granted	8148
unsupervised, off-grounds movement, the prosecutor either shall	8149
re-indict the defendant or promptly notify the court that the	8150
prosecutor does not intend to prosecute the charges against the	8151
defendant.	8152

(I) If a defendant is convicted of a crime and sentenced to a	8153
jail or workhouse, the defendant's sentence shall be reduced by	8154
the total number of days the defendant is confined for evaluation	8155
to determine the defendant's competence to stand trial or	8156
treatment under this section and sections 2945.37 and 2945.371 of	8157
the Revised Code or by the total number of days the defendant is	8158
confined for evaluation to determine the defendant's mental	8159
condition at the time of the offense charged.	8160

Sec. 2945.39. (A) If a defendant who is charged with an	8161
offense described in division (C)(1) of section 2945.38 of the	8162
Revised Code is found incompetent to stand trial, after the	8163
expiration of the maximum time for treatment as specified in	8164
division (C) of that section or after the court finds that there	8165
is not a substantial probability that the defendant will become	8166
competent to stand trial even if the defendant is provided with a	8167
course of treatment, one of the following applies:	8168

(1) The court or the prosecutor may file an affidavit in	8169
probate court for civil commitment of the defendant in the manner	8170
provided in Chapter 5122. or 5123. of the Revised Code. If the	8171
court or prosecutor files an affidavit for civil commitment, the	8172
court may detain the defendant for ten days pending civil	8173
commitment. If the probate court commits the defendant subsequent	8174
to the court's or prosecutor's filing of an affidavit for civil	8175
commitment, the chief clinical officer of the hospital or	8176
facility, the managing officer of the institution, the director of	8177
the program, or the person to which the defendant is committed or	8178
admitted shall send to the prosecutor the notices described in	8179
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised	8180
Code within the periods of time and under the circumstances	8181
specified in those divisions.	8182

(2) On the motion of the prosecutor or on its own motion, the	8183
court may retain jurisdiction over the defendant if, at a hearing,	8184
the court finds both of the following by clear and convincing	8185
evidence:	8186

(a) The defendant committed the offense with which the	8187
defendant is charged.	8188

(b) The defendant is a mentally ill person subject to	8189
hospitalization by court order or a mentally retarded person	8190
subject to institutionalization by court order.	8191

(B) In making its determination under division (A)(2) of this	8192
section as to whether to retain jurisdiction over the defendant,	8193
the court may consider all relevant evidence, including, but not	8194
limited to, any relevant psychiatric, psychological, or medical	8195
testimony or reports, the acts constituting the offense charged,	8196
and any history of the defendant that is relevant to the	8197
defendant's ability to conform to the law.	8198

(C) If the court conducts a hearing as described in division	8199
(A)(2) of this section and if the court does not make both	8200
findings described in divisions (A)(2)(a) and (b) of this section	8201
by clear and convincing evidence, the court shall dismiss the	8202
indictment, information, or complaint against the defendant. Upon	8203
the dismissal, the court shall discharge the defendant unless the	8204
court or prosecutor files an affidavit in probate court for civil	8205
commitment of the defendant pursuant to Chapter 5122. or 5123. of	8206
the Revised Code. If the court or prosecutor files an affidavit	8207
for civil commitment, the court may order that the defendant be	8208
detained for up to ten days pending the civil commitment. If the	8209
probate court commits the defendant subsequent to the court's or	8210
prosecutor's filing of an affidavit for civil commitment, the	8211
chief clinical officer of the hospital or facility, the managing	8212
officer of the institution, the director of the program, or the	8213
person to which the defendant is committed or admitted shall send	8214
to the prosecutor the notices described in divisions (H)(4)(a)(i)	8215
to (iii) of section 2945.38 of the Revised Code within the periods	8216
of time and under the circumstances specified in those divisions.	8217
A dismissal of charges under this division is not a bar to further	8218
criminal proceedings based on the same conduct.	8219

(D)(1) If the court conducts a hearing as described in	8220
division (A)(2) of this section and if the court makes the	8221
findings described in divisions (A)(2)(a) and (b) of this section	8222
by clear and convincing evidence, the court shall commit the	8223
defendant to a hospital operated by the department of mental	8224
health, a facility operated by the department of ~~mental~~	8225
~~retardation and~~ developmental disabilities, or another medical or	8226
psychiatric facility, as appropriate. In determining the place and	8227
nature of the commitment, the court shall order the least	8228
restrictive commitment alternative available that is consistent	8229
with public safety and the welfare of the defendant. In weighing	8230
these factors, the court shall give preference to protecting	8231
public safety.	8232

(2) If a court makes a commitment of a defendant under	8233
division (D)(1) of this section, the prosecutor shall send to the	8234
place of commitment all reports of the defendant's current mental	8235
condition and, except as otherwise provided in this division, any	8236
other relevant information, including, but not limited to, a	8237
transcript of the hearing held pursuant to division (A)(2) of this	8238
section, copies of relevant police reports, and copies of any	8239
prior arrest and conviction records that pertain to the defendant	8240
and that the prosecutor possesses. The prosecutor shall send the	8241
reports of the defendant's current mental condition in every case	8242
of commitment, and, unless the prosecutor determines that the	8243
release of any of the other relevant information to unauthorized	8244
persons would interfere with the effective prosecution of any	8245
person or would create a substantial risk of harm to any person,	8246
the prosecutor also shall send the other relevant information.	8247
Upon admission of a defendant committed under division (D)(1) of	8248
this section, the place of commitment shall send to the board of	8249
alcohol, drug addiction, and mental health services or the	8250
community mental health board serving the county in which the	8251
charges against the defendant were filed a copy of all reports of	8252
the defendant's current mental condition and a copy of the other	8253
relevant information provided by the prosecutor under this	8254
division, including, if provided, a transcript of the hearing held	8255
pursuant to division (A)(2) of this section, the relevant police	8256
reports, and the prior arrest and conviction records that pertain	8257
to the defendant and that the prosecutor possesses.	8258

(3) If a court makes a commitment under division (D)(1) of	8259
this section, all further proceedings shall be in accordance with	8260
sections 2945.401 and 2945.402 of the Revised Code.	8261

Sec. 2945.40. (A) If a person is found not guilty by reason	8262
of insanity, the verdict shall state that finding, and the trial	8263
court shall conduct a full hearing to determine whether the person	8264
is a mentally ill person subject to hospitalization by court order	8265
or a mentally retarded person subject to institutionalization by	8266
court order. Prior to the hearing, if the trial judge believes	8267
that there is probable cause that the person found not guilty by	8268
reason of insanity is a mentally ill person subject to	8269
hospitalization by court order or mentally retarded person subject	8270
to institutionalization by court order, the trial judge may issue	8271
a temporary order of detention for that person to remain in effect	8272
for ten court days or until the hearing, whichever occurs first.	8273

Any person detained pursuant to a temporary order of	8274
detention issued under this division shall be held in a suitable	8275
facility, taking into consideration the place and type of	8276
confinement prior to and during trial.	8277

(B) The court shall hold the hearing under division (A) of	8278
this section to determine whether the person found not guilty by	8279
reason of insanity is a mentally ill person subject to	8280
hospitalization by court order or a mentally retarded person	8281
subject to institutionalization by court order within ten court	8282
days after the finding of not guilty by reason of insanity.	8283
Failure to conduct the hearing within the ten-day period shall	8284
cause the immediate discharge of the respondent, unless the judge	8285
grants a continuance for not longer than ten court days for good	8286
cause shown or for any period of time upon motion of the	8287
respondent.	8288

(C) If a person is found not guilty by reason of insanity,	8289
the person has the right to attend all hearings conducted pursuant	8290
to sections 2945.37 to 2945.402 of the Revised Code. At any	8291
hearing conducted pursuant to one of those sections, the court	8292
shall inform the person that the person has all of the following	8293
rights:	8294

(1) The right to be represented by counsel and to have that	8295
counsel provided at public expense if the person is indigent, with	8296
the counsel to be appointed by the court under Chapter 120. of the	8297
Revised Code or under the authority recognized in division (C) of	8298
section 120.06, division (E) of section 120.16, division (E) of	8299
section 120.26, or section 2941.51 of the Revised Code;	8300

(2) The right to have independent expert evaluation and to	8301
have that independent expert evaluation provided at public expense	8302
if the person is indigent;	8303

(3) The right to subpoena witnesses and documents, to present	8304
evidence on the person's behalf, and to cross-examine witnesses	8305
against the person;	8306

(4) The right to testify in the person's own behalf and to	8307
not be compelled to testify;	8308

(5) The right to have copies of any relevant medical or	8309
mental health document in the custody of the state or of any place	8310
of commitment other than a document for which the court finds that	8311
the release to the person of information contained in the document	8312
would create a substantial risk of harm to any person.	8313

(D) The hearing under division (A) of this section shall be	8314
open to the public, and the court shall conduct the hearing in	8315
accordance with the Rules of Civil Procedure. The court shall make	8316
and maintain a full transcript and record of the hearing	8317
proceedings. The court may consider all relevant evidence,	8318
including, but not limited to, any relevant psychiatric,	8319
psychological, or medical testimony or reports, the acts	8320
constituting the offense in relation to which the person was found	8321
not guilty by reason of insanity, and any history of the person	8322
that is relevant to the person's ability to conform to the law.	8323

(E) Upon completion of the hearing under division (A) of this	8324
section, if the court finds there is not clear and convincing	8325
evidence that the person is a mentally ill person subject to	8326
hospitalization by court order or a mentally retarded person	8327
subject to institutionalization by court order, the court shall	8328
discharge the person, unless a detainer has been placed upon the	8329
person by the department of rehabilitation and correction, in	8330
which case the person shall be returned to that department.	8331

(F) If, at the hearing under division (A) of this section,	8332
the court finds by clear and convincing evidence that the person	8333
is a mentally ill person subject to hospitalization by court order	8334
or a mentally retarded person subject to institutionalization by	8335
court order, it shall commit the person to a hospital operated by	8336
the department of mental health, a facility operated by the	8337
department of ~~mental retardation and~~ developmental disabilities,	8338
or another medical or psychiatric facility, as appropriate, and	8339
further proceedings shall be in accordance with sections 2945.401	8340
and 2945.402 of the Revised Code. In determining the place and	8341
nature of the commitment, the court shall order the least	8342
restrictive commitment alternative available that is consistent	8343
with public safety and the welfare of the person. In weighing	8344
these factors, the court shall give preference to protecting	8345
public safety.	8346

(G) If a court makes a commitment of a person under division	8347
(F) of this section, the prosecutor shall send to the place of	8348
commitment all reports of the person's current mental condition,	8349
and, except as otherwise provided in this division, any other	8350
relevant information, including, but not limited to, a transcript	8351
of the hearing held pursuant to division (A) of this section,	8352
copies of relevant police reports, and copies of any prior arrest	8353
and conviction records that pertain to the person and that the	8354
prosecutor possesses. The prosecutor shall send the reports of the	8355
person's current mental condition in every case of commitment,	8356
and, unless the prosecutor determines that the release of any of	8357
the other relevant information to unauthorized persons would	8358
interfere with the effective prosecution of any person or would	8359
create a substantial risk of harm to any person, the prosecutor	8360
also shall send the other relevant information. Upon admission of	8361
a person committed under division (F) of this section, the place	8362
of commitment shall send to the board of alcohol, drug addiction,	8363
and mental health services or the community mental health board	8364
serving the county in which the charges against the person were	8365
filed a copy of all reports of the person's current mental	8366
condition and a copy of the other relevant information provided by	8367
the prosecutor under this division, including, if provided, a	8368
transcript of the hearing held pursuant to division (A) of this	8369
section, the relevant police reports, and the prior arrest and	8370
conviction records that pertain to the person and that the	8371
prosecutor possesses.	8372

(H) A person who is committed pursuant to this section shall	8373
not voluntarily admit the person or be voluntarily admitted to a	8374
hospital or institution pursuant to ~~sections~~section 5122.02,	8375
5122.15, 5123.69, or 5123.76 of the Revised Code.	8376

Sec. 2945.401. (A) A defendant found incompetent to stand	8377
trial and committed pursuant to section 2945.39 of the Revised	8378
Code or a person found not guilty by reason of insanity and	8379
committed pursuant to section 2945.40 of the Revised Code shall	8380
remain subject to the jurisdiction of the trial court pursuant to	8381
that commitment, and to the provisions of this section, until the	8382
final termination of the commitment as described in division	8383
(J)(1) of this section. If the jurisdiction is terminated under	8384
this division because of the final termination of the commitment	8385
resulting from the expiration of the maximum prison term or term	8386
of imprisonment described in division (J)(1)(b) of this section,	8387
the court or prosecutor may file an affidavit for the civil	8388
commitment of the defendant or person pursuant to Chapter 5122. or	8389
5123. of the Revised Code.	8390

(B) A hearing conducted under any provision of sections	8391
2945.37 to 2945.402 of the Revised Code shall not be conducted in	8392
accordance with Chapters 5122. and 5123. of the Revised Code. Any	8393
person who is committed pursuant to section 2945.39 or 2945.40 of	8394
the Revised Code shall not voluntarily admit the person or be	8395
voluntarily admitted to a hospital or institution pursuant to	8396
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.	8397
All other provisions of Chapters 5122. and 5123. of the Revised	8398
Code regarding hospitalization or institutionalization shall apply	8399
to the extent they are not in conflict with this chapter. A	8400
commitment under section 2945.39 or 2945.40 of the Revised Code	8401
shall not be terminated and the conditions of the commitment shall	8402
not be changed except as otherwise provided in division (D)(2) of	8403
this section with respect to a mentally retarded person subject to	8404
institutionalization by court order or except by order of the	8405
trial court.	8406

(C) The hospital, facility, or program to which a defendant	8407
or person has been committed under section 2945.39 or 2945.40 of	8408
the Revised Code shall report in writing to the trial court, at	8409
the times specified in this division, as to whether the defendant	8410
or person remains a mentally ill person subject to hospitalization	8411
by court order or a mentally retarded person subject to	8412
institutionalization by court order and, in the case of a	8413
defendant committed under section 2945.39 of the Revised Code, as	8414
to whether the defendant remains incompetent to stand trial. The	8415
hospital, facility, or program shall make the reports after the	8416
initial six months of treatment and every two years after the	8417
initial report is made. The trial court shall provide copies of	8418
the reports to the prosecutor and to the counsel for the defendant	8419
or person. Within thirty days after its receipt pursuant to this	8420
division of a report from a hospital, facility, or program, the	8421
trial court shall hold a hearing on the continued commitment of	8422
the defendant or person or on any changes in the conditions of the	8423
commitment of the defendant or person. The defendant or person may	8424
request a change in the conditions of confinement, and the trial	8425
court shall conduct a hearing on that request if six months or	8426
more have elapsed since the most recent hearing was conducted	8427
under this section.	8428

(D)(1) Except as otherwise provided in division (D)(2) of	8429
this section, when a defendant or person has been committed under	8430
section 2945.39 or 2945.40 of the Revised Code, at any time after	8431
evaluating the risks to public safety and the welfare of the	8432
defendant or person, the chief clinical officer of the hospital,	8433
facility, or program to which the defendant or person is committed	8434
may recommend a termination of the defendant's or person's	8435
commitment or a change in the conditions of the defendant's or	8436
person's commitment.	8437

Except as otherwise provided in division (D)(2) of this	8438
section, if the chief clinical officer recommends on-grounds	8439
unsupervised movement, off-grounds supervised movement, or	8440
nonsecured status for the defendant or person or termination of	8441
the defendant's or person's commitment, the following provisions	8442
apply:	8443

(a) If the chief clinical officer recommends on-grounds	8444
unsupervised movement or off-grounds supervised movement, the	8445
chief clinical officer shall file with the trial court an	8446
application for approval of the movement and shall send a copy of	8447
the application to the prosecutor. Within fifteen days after	8448
receiving the application, the prosecutor may request a hearing on	8449
the application and, if a hearing is requested, shall so inform	8450
the chief clinical officer. If the prosecutor does not request a	8451
hearing within the fifteen-day period, the trial court shall	8452
approve the application by entering its order approving the	8453
requested movement or, within five days after the expiration of	8454
the fifteen-day period, shall set a date for a hearing on the	8455
application. If the prosecutor requests a hearing on the	8456
application within the fifteen-day period, the trial court shall	8457
hold a hearing on the application within thirty days after the	8458
hearing is requested. If the trial court, within five days after	8459
the expiration of the fifteen-day period, sets a date for a	8460
hearing on the application, the trial court shall hold the hearing	8461
within thirty days after setting the hearing date. At least	8462
fifteen days before any hearing is held under this division, the	8463
trial court shall give the prosecutor written notice of the date,	8464
time, and place of the hearing. At the conclusion of each hearing	8465
conducted under this division, the trial court either shall	8466
approve or disapprove the application and shall enter its order	8467
accordingly.	8468

(b) If the chief clinical officer recommends termination of	8469
the defendant's or person's commitment at any time or if the chief	8470
clinical officer recommends the first of any nonsecured status for	8471
the defendant or person, the chief clinical officer shall send	8472
written notice of this recommendation to the trial court and to	8473
the local forensic center. The local forensic center shall	8474
evaluate the committed defendant or person and, within thirty days	8475
after its receipt of the written notice, shall submit to the trial	8476
court and the chief clinical officer a written report of the	8477
evaluation. The trial court shall provide a copy of the chief	8478
clinical officer's written notice and of the local forensic	8479
center's written report to the prosecutor and to the counsel for	8480
the defendant or person. Upon the local forensic center's	8481
submission of the report to the trial court and the chief clinical	8482
officer, all of the following apply:	8483

(i) If the forensic center disagrees with the recommendation	8484
of the chief clinical officer, it shall inform the chief clinical	8485
officer and the trial court of its decision and the reasons for	8486
the decision. The chief clinical officer, after consideration of	8487
the forensic center's decision, shall either withdraw, proceed	8488
with, or modify and proceed with the recommendation. If the chief	8489
clinical officer proceeds with, or modifies and proceeds with, the	8490
recommendation, the chief clinical officer shall proceed in	8491
accordance with division (D)(1)(b)(iii) of this section.	8492

(ii) If the forensic center agrees with the recommendation of	8493
the chief clinical officer, it shall inform the chief clinical	8494
officer and the trial court of its decision and the reasons for	8495
the decision, and the chief clinical officer shall proceed in	8496
accordance with division (D)(1)(b)(iii) of this section.	8497

(iii) If the forensic center disagrees with the	8498
recommendation of the chief clinical officer and the chief	8499
clinical officer proceeds with, or modifies and proceeds with, the	8500
recommendation or if the forensic center agrees with the	8501
recommendation of the chief clinical officer, the chief clinical	8502
officer shall work with the board of alcohol, drug addiction, and	8503
mental health services or community mental health board serving	8504
the area, as appropriate, to develop a plan to implement the	8505
recommendation. If the defendant or person is on medication, the	8506
plan shall include, but shall not be limited to, a system to	8507
monitor the defendant's or person's compliance with the prescribed	8508
medication treatment plan. The system shall include a schedule	8509
that clearly states when the defendant or person shall report for	8510
a medication compliance check. The medication compliance checks	8511
shall be based upon the effective duration of the prescribed	8512
medication, taking into account the route by which it is taken,	8513
and shall be scheduled at intervals sufficiently close together to	8514
detect a potential increase in mental illness symptoms that the	8515
medication is intended to prevent.	8516

The chief clinical officer, after consultation with the board	8517
of alcohol, drug addiction, and mental health services or the	8518
community mental health board serving the area, shall send the	8519
recommendation and plan developed under division (D)(1)(b)(iii) of	8520
this section, in writing, to the trial court, the prosecutor and	8521
the counsel for the committed defendant or person. The trial court	8522
shall conduct a hearing on the recommendation and plan developed	8523
under division (D)(1)(b)(iii) of this section. Divisions (D)(1)(c)	8524
and (d) and (E) to (J) of this section apply regarding the	8525
hearing.	8526

(c) If the chief clinical officer's recommendation is for	8527
nonsecured status or termination of commitment, the prosecutor may	8528
obtain an independent expert evaluation of the defendant's or	8529
person's mental condition, and the trial court may continue the	8530
hearing on the recommendation for a period of not more than thirty	8531
days to permit time for the evaluation.	8532

The prosecutor may introduce the evaluation report or present	8533
other evidence at the hearing in accordance with the Rules of	8534
Evidence.	8535

(d) The trial court shall schedule the hearing on a chief	8536
clinical officer's recommendation for nonsecured status or	8537
termination of commitment and shall give reasonable notice to the	8538
prosecutor and the counsel for the defendant or person. Unless	8539
continued for independent evaluation at the prosecutor's request	8540
or for other good cause, the hearing shall be held within thirty	8541
days after the trial court's receipt of the recommendation and	8542
plan.	8543

(2)(a) Division (D)(1) of this section does not apply to	8544
on-grounds unsupervised movement of a defendant or person who has	8545
been committed under section 2945.39 or 2945.40 of the Revised	8546
Code, who is a mentally retarded person subject to	8547
institutionalization by court order, and who is being provided	8548
residential habilitation, care, and treatment in a facility	8549
operated by the department of ~~mental retardation and~~ developmental	8550
disabilities.	8551

(b) If, pursuant to section 2945.39 of the Revised Code, the	8552
trial court commits a defendant who is found incompetent to stand	8553
trial and who is a mentally retarded person subject to	8554
institutionalization by court order, if the defendant is being	8555
provided residential habilitation, care, and treatment in a	8556
facility operated by the department of ~~mental retardation and~~	8557
developmental disabilities, if an individual who is conducting a	8558
survey for the department of health to determine the facility's	8559
compliance with the certification requirements of the medicaid	8560
program under ~~chapter~~Chapter 5111. of the Revised Code and Title	8561
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	8562
301, as amended, cites the defendant's receipt of the residential	8563
habilitation, care, and treatment in the facility as being	8564
inappropriate under the certification requirements, if the	8565
defendant's receipt of the residential habilitation, care, and	8566
treatment in the facility potentially jeopardizes the facility's	8567
continued receipt of federal medicaid moneys, and if as a result	8568
of the citation the chief clinical officer of the facility	8569
determines that the conditions of the defendant's commitment	8570
should be changed, the department of ~~mental retardation and~~	8571
developmental disabilities may cause the defendant to be removed	8572
from the particular facility and, after evaluating the risks to	8573
public safety and the welfare of the defendant and after	8574
determining whether another type of placement is consistent with	8575
the certification requirements, may place the defendant in another	8576
facility that the department selects as an appropriate facility	8577
for the defendant's continued receipt of residential habilitation,	8578
care, and treatment and that is a no less secure setting than the	8579
facility in which the defendant had been placed at the time of the	8580
citation. Within three days after the defendant's removal and	8581
alternative placement under the circumstances described in	8582
division (D)(2)(b) of this section, the department of ~~mental~~	8583
~~retardation and~~ developmental disabilities shall notify the trial	8584
court and the prosecutor in writing of the removal and alternative	8585
placement.	8586

The trial court shall set a date for a hearing on the removal	8587
and alternative placement, and the hearing shall be held within	8588
twenty-one days after the trial court's receipt of the notice from	8589
the department of ~~mental retardation and~~ developmental	8590
disabilities. At least ~~ten-days~~ten days before the hearing is	8591
held, the trial court shall give the prosecutor, the department of	8592
~~mental retardation and~~ developmental disabilities, and the counsel	8593
for the defendant written notice of the date, time, and place of	8594
the hearing. At the hearing, the trial court shall consider the	8595
citation issued by the individual who conducted the survey for the	8596
department of health to be prima-facie evidence of the fact that	8597
the defendant's commitment to the particular facility was	8598
inappropriate under the certification requirements of the medicaid	8599
program under Chapter 5111. of the Revised Code and Title XIX of	8600
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	8601
as amended, and potentially jeopardizes the particular facility's	8602
continued receipt of federal medicaid moneys. At the conclusion of	8603
the hearing, the trial court may approve or disapprove the	8604
defendant's removal and alternative placement. If the trial court	8605
approves the defendant's removal and alternative placement, the	8606
department of ~~mental retardation and~~ developmental disabilities	8607
may continue the defendant's alternative placement. If the trial	8608
court disapproves the defendant's removal and alternative	8609
placement, it shall enter an order modifying the defendant's	8610
removal and alternative placement, but that order shall not	8611
require the department of ~~mental retardation and~~ developmental	8612
disabilities to replace the defendant for purposes of continued	8613
residential habilitation, care, and treatment in the facility	8614
associated with the citation issued by the individual who	8615
conducted the survey for the department of health.	8616

(E) In making a determination under this section regarding	8617
nonsecured status or termination of commitment, the trial court	8618
shall consider all relevant factors, including, but not limited	8619
to, all of the following:	8620

(1) Whether, in the trial court's view, the defendant or	8621
person currently represents a substantial risk of physical harm to	8622
the defendant or person or others;	8623

(2) Psychiatric and medical testimony as to the current	8624
mental and physical condition of the defendant or person;	8625

(3) Whether the defendant or person has insight into the	8626
dependant's or person's condition so that the defendant or person	8627
will continue treatment as prescribed or seek professional	8628
assistance as needed;	8629

(4) The grounds upon which the state relies for the proposed	8630
commitment;	8631

(5) Any past history that is relevant to establish the	8632
defendant's or person's degree of conformity to the laws, rules,	8633
regulations, and values of society;	8634

(6) If there is evidence that the defendant's or person's	8635
mental illness is in a state of remission, the medically suggested	8636
cause and degree of the remission and the probability that the	8637
defendant or person will continue treatment to maintain the	8638
remissive state of the defendant's or person's illness should the	8639
defendant's or person's commitment conditions be altered.	8640

(F) At any hearing held pursuant to division (C) or (D)(1) or	8641
(2) of this section, the defendant or the person shall have all	8642
the rights of a defendant or person at a commitment hearing as	8643
described in section 2945.40 of the Revised Code.	8644

(G) In a hearing held pursuant to division (C) or (D)(1) of	8645
this section, the prosecutor has the burden of proof as follows:	8646

(1) For a recommendation of termination of commitment, to	8647
show by clear and convincing evidence that the defendant or person	8648
remains a mentally ill person subject to hospitalization by court	8649
order or a mentally retarded person subject to	8650
institutionalization by court order;	8651

(2) For a recommendation for a change in the conditions of	8652
the commitment to a less restrictive status, to show by clear and	8653
convincing evidence that the proposed change represents a threat	8654
to public safety or a threat to the safety of any person.	8655

(H) In a hearing held pursuant to division (C) or (D)(1) or	8656
(2) of this section, the prosecutor shall represent the state or	8657
the public interest.	8658

(I) At the conclusion of a hearing conducted under division	8659
(D)(1) of this section regarding a recommendation from the chief	8660
clinical officer of a hospital, program, or facility, the trial	8661
court may approve, disapprove, or modify the recommendation and	8662
shall enter an order accordingly.	8663

(J)(1) A defendant or person who has been committed pursuant	8664
to section 2945.39 or 2945.40 of the Revised Code continues to be	8665
under the jurisdiction of the trial court until the final	8666
termination of the commitment. For purposes of division (J) of	8667
this section, the final termination of a commitment occurs upon	8668
the earlier of one of the following:	8669

(a) The defendant or person no longer is a mentally ill	8670
person subject to hospitalization by court order or a mentally	8671
retarded person subject to institutionalization by court order, as	8672
determined by the trial court;	8673

(b) The expiration of the maximum prison term or term of	8674
imprisonment that the defendant or person could have received if	8675
the defendant or person had been convicted of the most serious	8676
offense with which the defendant or person is charged or in	8677
relation to which the defendant or person was found not guilty by	8678
reason of insanity;	8679

(c) The trial court enters an order terminating the	8680
commitment under the circumstances described in division	8681
(J)(2)(a)(ii) of this section.	8682

(2)(a) If a defendant is found incompetent to stand trial and	8683
committed pursuant to section 2945.39 of the Revised Code, if	8684
neither of the circumstances described in divisions (J)(1)(a) and	8685
(b) of this section applies to that defendant, and if a report	8686
filed with the trial court pursuant to division (C) of this	8687
section indicates that the defendant presently is competent to	8688
stand trial or if, at any other time during the period of the	8689
defendant's commitment, the prosecutor, the counsel for the	8690
defendant, or the chief clinical officer of the hospital,	8691
facility, or program to which the defendant is committed files an	8692
application with the trial court alleging that the defendant	8693
presently is competent to stand trial and requesting a hearing on	8694
the competency issue or the trial court otherwise has reasonable	8695
cause to believe that the defendant presently is competent to	8696
stand trial and determines on its own motion to hold a hearing on	8697
the competency issue, the trial court shall schedule a hearing on	8698
the competency of the defendant to stand trial, shall give the	8699
prosecutor, the counsel for the defendant, and the chief clinical	8700
officer notice of the date, time, and place of the hearing at	8701
least fifteen days before the hearing, and shall conduct the	8702
hearing within thirty days of the filing of the application or of	8703
its own motion. If, at the conclusion of the hearing, the trial	8704
court determines that the defendant presently is capable of	8705
understanding the nature and objective of the proceedings against	8706
the defendant and of assisting in the defendant's defense, the	8707
trial court shall order that the defendant is competent to stand	8708
trial and shall be proceeded against as provided by law with	8709
respect to the applicable offenses described in division (C)(1) of	8710
section 2945.38 of the Revised Code and shall enter whichever of	8711
the following additional orders is appropriate:	8712

(i) If the trial court determines that the defendant remains	8713
a mentally ill person subject to hospitalization by court order or	8714
a mentally retarded person subject to institutionalization by	8715
court order, the trial court shall order that the defendant's	8716
commitment to the hospital, facility, or program be continued	8717
during the pendency of the trial on the applicable offenses	8718
described in division (C)(1) of section 2945.38 of the Revised	8719
Code.	8720

(ii) If the trial court determines that the defendant no	8721
longer is a mentally ill person subject to hospitalization by	8722
court order or a mentally retarded person subject to	8723
institutionalization by court order, the trial court shall order	8724
that the defendant's commitment to the hospital, facility, or	8725
program shall not be continued during the pendency of the trial on	8726
the applicable offenses described in division (C)(1) of section	8727
2945.38 of the Revised Code. This order shall be a final	8728
termination of the commitment for purposes of division (J)(1)(c)	8729
of this section.	8730

(b) If, at the conclusion of the hearing described in	8731
division (J)(2)(a) of this section, the trial court determines	8732
that the defendant remains incapable of understanding the nature	8733
and objective of the proceedings against the defendant or of	8734
assisting in the defendant's defense, the trial court shall order	8735
that the defendant continues to be incompetent to stand trial,	8736
that the defendant's commitment to the hospital, facility, or	8737
program shall be continued, and that the defendant remains subject	8738
to the jurisdiction of the trial court pursuant to that	8739
commitment, and to the provisions of this section, until the final	8740
termination of the commitment as described in division (J)(1) of	8741
this section.	8742

Sec. 2967.22. Whenever it is brought to the attention of the	8743
adult parole authority or a department of probation that a	8744
parolee, person under a community control sanction, person under	8745
transitional control, or releasee appears to be a mentally ill	8746
person subject to hospitalization by court order, as defined in	8747
section 5122.01 of the Revised Code, or a mentally retarded person	8748
subject to institutionalization by court order, as defined in	8749
section 5123.01 of the Revised Code, the parole or probation	8750
officer, subject to the approval of the chief of the adult parole	8751
authority, the designee of the chief of the adult parole	8752
authority, or the chief probation officer, may file an affidavit	8753
under section 5122.11 or 5123.71 of the Revised Code. A parolee,	8754
person under a community control sanction, or releasee who is	8755
involuntarily detained under Chapter 5122. or 5123. of the Revised	8756
Code shall receive credit against the period of parole or	8757
community control or the term of post-release control for the	8758
period of involuntary detention.	8759

If a parolee, person under a community control sanction,	8760
person under transitional control, or releasee escapes from an	8761
institution or facility within the department of mental health or	8762
the department of ~~mental retardation and~~ developmental	8763
disabilities, the superintendent of the institution immediately	8764
shall notify the chief of the adult parole authority or the chief	8765
probation officer. Notwithstanding the provisions of section	8766
5122.26 of the Revised Code, the procedure for the apprehension,	8767
detention, and return of the parolee, person under a community	8768
control sanction, person under transitional control, or releasee	8769
is the same as that provided for the apprehension, detention, and	8770
return of persons who escape from institutions operated by the	8771
department of rehabilitation and correction. If the escaped	8772
parolee, person under transitional control, or releasee is not	8773
apprehended and returned to the custody of the department of	8774
mental health or the department of ~~mental retardation and~~	8775
developmental disabilities within ninety days after the escape,	8776
the parolee, person under transitional control, or releasee shall	8777
be discharged from the custody of the department of mental health	8778
or the department of ~~mental retardation and~~ developmental	8779
disabilities and returned to the custody of the department of	8780
rehabilitation and correction. If the escaped person under a	8781
community control sanction is not apprehended and returned to the	8782
custody of the department of mental health or the department of	8783
~~mental retardation and~~ developmental disabilities within ninety	8784
days after the escape, the person under a community control	8785
sanction shall be discharged from the custody of the department of	8786
mental health or the department of ~~mental retardation and~~	8787
developmental disabilities and returned to the custody of the	8788
court that sentenced that person.	8789

Sec. 3109.18. (A)(1) A board of county commissioners may	8790
establish a child abuse and child neglect prevention advisory	8791
board or may designate the county family and children first	8792
council to serve as the child abuse and child neglect prevention	8793
advisory board. The boards of county commissioners of two or more	8794
contiguous counties may instead form a multicounty district to be	8795
served by a child abuse and child neglect prevention advisory	8796
board or may designate a regional family and children first	8797
council to serve as the district child abuse and child neglect	8798
prevention advisory board. Each advisory board shall meet at least	8799
twice a year.	8800

(2) The county auditor is hereby designated as the auditor	8801
and fiscal officer of the advisory board. In the case of a	8802
multicounty district, the boards of county commissioners that	8803
formed the district shall designate the auditor of one of the	8804
counties as the auditor and fiscal officer of the advisory board.	8805

(B) Each county that establishes an advisory board or, in a	8806
multicounty district, the auditor who has been designated as the	8807
auditor and fiscal officer of the advisory board, shall establish	8808
a fund in the county treasury known as the county or district	8809
children's trust fund. The auditor shall deposit all funds	8810
received from the children's trust fund board into that fund, and	8811
the auditor shall distribute money from the fund at the request of	8812
the advisory board.	8813

(C) Each January, the board of county commissioners of a	8814
county that has established an advisory board or, in a multicounty	8815
district, the board of county commissioners of the county served	8816
by the auditor who has been designated as the auditor and fiscal	8817
officer for the advisory board, shall appropriate the amount	8818
described in division (B)(2) of section 3109.17 of the Revised	8819
Code for distribution by the advisory board to child abuse and	8820
child neglect prevention programs.	8821

(D)(1) Except in the case of a county or regional family and	8822
children first council that is designated to serve as a child	8823
abuse and child neglect prevention advisory board, each advisory	8824
board shall consist of an odd number of members from both the	8825
public and private sectors, including all of the following:	8826

(a) A representative of an agency responsible for the	8827
administration of children's services in the county or district;	8828

(b) A provider of alcohol or drug addiction services or a	8829
representative of a board of alcohol, drug addiction, and mental	8830
health services that serves the county or district;	8831

(c) A provider of mental health services or a representative	8832
of a board of alcohol, drug addiction, and mental health services	8833
that serves the county or district;	8834

(d) A representative of a county board of ~~mental retardation~~	8835
~~and~~ developmental disabilities that serves the county or district;	8836

(e) A representative of the educational community appointed	8837
by the superintendent of the school district with largest	8838
enrollment in the county or multicounty district.	8839

(2) The following groups and entities may be represented on	8840
the advisory board:	8841

(a) Parent groups;

8842

(b) Juvenile justice officials;

8843

(c) Pediatricians, health department nurses, and other	8844
representatives of the medical community;	8845

(d) School personnel;

8846

(e) Counselors and social workers;

8847

(f) Head start agencies;

8848

(g) Child care providers;

8849

(h) Other persons with demonstrated knowledge in programs for	8850
children.	8851

(3) Of the members first appointed, at least one shall serve	8852
for a term of three years, at least one for a term of two years,	8853
and at least one for a term of one year. Thereafter, each member	8854
shall serve a term of three years. Each member shall serve until	8855
the member's successor is appointed. All vacancies on the board	8856
shall be filled for the balance of the unexpired term in the same	8857
manner as the original appointment.	8858

(E) Each child abuse and child neglect prevention advisory	8859
board may incur reasonable costs not to exceed five per cent of	8860
the funds allocated to the county or district under section	8861
3109.17 of the Revised Code, for the purpose of carrying out the	8862
functions of the advisory board.	8863

(F) Each child abuse and child neglect prevention advisory	8864
board shall do all of the following:	8865

(1) For each fiscal biennium, develop a local allocation plan	8866
for the purpose of preventing child abuse and child neglect and	8867
submit the plan to the children's trust fund board on or before	8868
the first day of April preceding the fiscal year for which the	8869
plan is developed;	8870

(2) Provide effective public notice, as defined by the	8871
children's trust fund board in the state plan or, if the board	8872
does not define the term in the state plan, as defined in rules	8873
adopted by the department of job and family services, to potential	8874
applicants about the availability of funds from the children's	8875
trust fund, including an estimate of the amount of money available	8876
for grants within each county or district, the date of at least	8877
one public hearing, information on obtaining a copy of the grant	8878
application form, and the deadline for submitting grant	8879
applications;	8880

(3) Review all applications received using criteria specified	8881
in the state plan adopted by the board under section 3109.17 of	8882
the Revised Code;	8883

(4) Consistent with the local allocation plan developed	8884
pursuant to division (F)(1) of this section, make grants to child	8885
abuse and child neglect prevention programs.	8886

(5) Establish any reporting requirements for grant	8887
recipients, in addition to those specified by the children's trust	8888
fund board, and for children's advocacy centers for which funds	8889
are used in accordance with section 3109.172 of the Revised Code.	8890

(G) A member of a child abuse and child neglect prevention	8891
advisory board shall not participate in the development of a local	8892
allocation plan under division (F)(1) of this section if it is	8893
reasonable to expect that the member's judgment could be affected	8894
by the member's own financial, business, property, or personal	8895
interest or other conflict of interest. For purposes of this	8896
division, "conflict of interest" means the taking of any action	8897
that violates any applicable provision of Chapter 102. or 2921. of	8898
the Revised Code. Questions relating to the existence of a	8899
conflict of interest pertaining to Chapter 2921. of the Revised	8900
Code shall be submitted by the advisory board to the local	8901
prosecuting attorney for resolution. Questions relating to the	8902
existence of a conflict of interest pertaining to Chapter 102. of	8903
the Revised Code shall be submitted by the advisory board to the	8904
Ohio ethics commission for resolution.	8905

(H) Each advisory board shall assist the children's trust	8906
fund board in monitoring programs that receive money from the	8907
children's trust fund and shall perform such other duties for the	8908
local administration of the children's trust fund as the	8909
children's trust fund board requires.	8910

(I) A children's advocacy center for which a child abuse and	8911
child neglect prevention advisory board uses any amount out of the	8912
funds allocated to the advisory board under section 3109.172 of	8913
the Revised Code, as start-up costs for the establishment and	8914
operation of the center, shall use the moneys so received only for	8915
establishment and operation of the center in accordance with	8916
sections 2151.425 to 2151.428 of the Revised Code. Any other	8917
person or entity that is a recipient of a grant from the	8918
children's trust fund shall use the grant funds only to fund	8919
primary and secondary child abuse and child neglect prevention	8920
programs. Any grant funds that are not spent by the recipient of	8921
the funds within the time specified by the terms of the grant	8922
shall be returned to the county treasurer. Any grant funds	8923
returned that are not redistributed by the advisory board within	8924
the state fiscal year in which they are received shall be returned	8925
to the treasurer of state. The treasurer of state shall deposit	8926
such unspent moneys into the children's trust fund to be spent for	8927
purposes consistent with the state plan adopted under section	8928
3109.17 of the Revised Code.	8929

(J) Applications for grants from the children's trust fund	8930
shall be made to the advisory board on forms prescribed by the	8931
children's trust fund board.	8932

(K)(1) Each children's advocacy center for which a child	8933
abuse and child neglect prevention advisory board uses any amount	8934
out of the funds allocated to the advisory board under section	8935
3109.172 of the Revised Code, as start-up costs for the	8936
establishment and operation of the center, and each other person	8937
or entity that is a recipient of a children's trust fund grant	8938
from an advisory board shall file with the advisory board a copy	8939
of a semi-annual and an annual report that includes the	8940
information required by the children's trust fund board.	8941

(2) Each advisory board shall file with the children's trust	8942
fund board, not later than the fifteenth day of August following	8943
the year for which the report is written, a copy of an annual	8944
report regarding the county or district local allocation plan that	8945
contains the information required by the children's trust fund	8946
board, and regarding the advisory board's use of any amount out of	8947
the funds allocated to the advisory board under section 3109.172	8948
of the Revised Code as start-up costs for the establishment and	8949
operation of a children's advocacy center.	8950

Sec. 3301.07. The state board of education shall exercise	8951
under the acts of the general assembly general supervision of the	8952
system of public education in the state. In addition to the powers	8953
otherwise imposed on the state board under the provisions of law,	8954
the board shall have the following powers:	8955

(A) Exercise policy forming, planning, and evaluative	8956
functions for the public schools of the state, and for adult	8957
education, except as otherwise provided by law;	8958

(B) Exercise leadership in the improvement of public	8959
education in this state, and administer the educational policies	8960
of this state relating to public schools, and relating to	8961
instruction and instructional material, building and equipment,	8962
transportation of pupils, administrative responsibilities of	8963
school officials and personnel, and finance and organization of	8964
school districts, educational service centers, and territory.	8965
Consultative and advisory services in such matters shall be	8966
provided by the board to school districts and educational service	8967
centers of this state. The board also shall develop a standard of	8968
financial reporting which shall be used by all school districts	8969
and educational service centers to make their financial	8970
information available to the public in a format understandable by	8971
the average citizen and provide year-to-year comparisons for at	8972
least five years. The format shall show, among other things,	8973
district and educational service center revenue by source;	8974
expenditures for salaries, wages, and benefits of employees,	8975
showing such amounts separately for classroom teachers, other	8976
employees required to hold licenses issued pursuant to sections	8977
3319.22 to 3319.31 of the Revised Code, and all other employees;	8978
expenditures other than for personnel, by category, including	8979
utilities, textbooks and other educational materials, equipment,	8980
permanent improvements, pupil transportation, extracurricular	8981
athletics, and other extracurricular activities; and per pupil	8982
expenditures.	8983

(C) Administer and supervise the allocation and distribution	8984
of all state and federal funds for public school education under	8985
the provisions of law, and may prescribe such systems of	8986
accounting as are necessary and proper to this function. It may	8987
require county auditors and treasurers, boards of education,	8988
educational service center governing boards, treasurers of such	8989
boards, teachers, and other school officers and employees, or	8990
other public officers or employees, to file with it such reports	8991
as it may prescribe relating to such funds, or to the management	8992
and condition of such funds.	8993

(D) Formulate and prescribe minimum standards to be applied	8994
to all elementary and secondary schools in this state for the	8995
purpose of requiring a general education of high quality. Such	8996
standards shall provide adequately for: the licensing of teachers,	8997
administrators, and other professional personnel and their	8998
assignment according to training and qualifications; efficient and	8999
effective instructional materials and equipment, including library	9000
facilities; the proper organization, administration, and	9001
supervision of each school, including regulations for preparing	9002
all necessary records and reports and the preparation of a	9003
statement of policies and objectives for each school; buildings,	9004
grounds, health and sanitary facilities and services; admission of	9005
pupils, and such requirements for their promotion from grade to	9006
grade as will assure that they are capable and prepared for the	9007
level of study to which they are certified; requirements for	9008
graduation; and such other factors as the board finds necessary.	9009

In the formulation and administration of such standards for	9010
nonpublic schools the board shall also consider the particular	9011
needs, methods and objectives of those schools, provided they do	9012
not conflict with the provision of a general education of a high	9013
quality and provided that regular procedures shall be followed for	9014
promotion from grade to grade of pupils who have met the	9015
educational requirements prescribed.	9016

(E) May require as part of the health curriculum information	9017
developed under section 2108.34 of the Revised Code promoting the	9018
donation of anatomical gifts pursuant to Chapter 2108. of the	9019
Revised Code and may provide the information to high schools,	9020
educational service centers, and joint vocational school district	9021
boards of education;	9022

(F) Prepare and submit annually to the governor and the	9023
general assembly a report on the status, needs, and major problems	9024
of the public schools of the state, with recommendations for	9025
necessary legislative action and a ten-year projection of the	9026
state's public and nonpublic school enrollment, by year and by	9027
grade level;	9028

(G) Prepare and submit to the director of budget and	9029
management the biennial budgetary requests of the state board of	9030
education, for its agencies and for the public schools of the	9031
state;	9032

(H) Cooperate with federal, state, and local agencies	9033
concerned with the health and welfare of children and youth of the	9034
state;	9035

(I) Require such reports from school districts and	9036
educational service centers, school officers, and employees as are	9037
necessary and desirable. The superintendents and treasurers of	9038
school districts and educational service centers shall certify as	9039
to the accuracy of all reports required by law or state board or	9040
state department of education rules to be submitted by the	9041
district or educational service center and which contain	9042
information necessary for calculation of state funding. Any	9043
superintendent who knowingly falsifies such report shall be	9044
subject to license revocation pursuant to section 3319.31 of the	9045
Revised Code.	9046

(J) In accordance with Chapter 119. of the Revised Code,	9047
adopt procedures, standards, and guidelines for the education of	9048
children with disabilities pursuant to Chapter 3323. of the	9049
Revised Code, including procedures, standards, and guidelines	9050
governing programs and services operated by county boards of	9051
~~mental retardation and~~ developmental disabilities pursuant to	9052
section 3323.09 of the Revised Code;	9053

(K) For the purpose of encouraging the development of special	9054
programs of education for academically gifted children, employ	9055
competent persons to analyze and publish data, promote research,	9056
advise and counsel with boards of education, and encourage the	9057
training of teachers in the special instruction of gifted	9058
children. The board may provide financial assistance out of any	9059
funds appropriated for this purpose to boards of education and	9060
educational service center governing boards for developing and	9061
conducting programs of education for academically gifted children.	9062

(L) Require that all public schools emphasize and encourage,	9063
within existing units of study, the teaching of energy and	9064
resource conservation as recommended to each district board of	9065
education by leading business persons involved in energy	9066
production and conservation, beginning in the primary grades;	9067

(M) Formulate and prescribe minimum standards requiring the	9068
use of phonics as a technique in the teaching of reading in grades	9069
kindergarten through three. In addition, the state board shall	9070
provide in-service training programs for teachers on the use of	9071
phonics as a technique in the teaching of reading in grades	9072
kindergarten through three.	9073

(N) Develop and modify as necessary a state plan for	9074
technology to encourage and promote the use of technological	9075
advancements in educational settings.	9076

The board may adopt rules necessary for carrying out any	9077
function imposed on it by law, and may provide rules as are	9078
necessary for its government and the government of its employees,	9079
and may delegate to the superintendent of public instruction the	9080
management and administration of any function imposed on it by	9081
law. It may provide for the appointment of board members to serve	9082
on temporary committees established by the board for such purposes	9083
as are necessary. Permanent or standing committees shall not be	9084
created.	9085

Sec. 3301.15. The state board of education or its authorized	9086
representatives may inspect all institutions under the control of	9087
the department of job and family services, the department of	9088
mental health, the department of ~~mental retardation and~~	9089
developmental disabilities, and the department of rehabilitation	9090
and correction which employ teachers, and may make a report on the	9091
teaching, discipline, and school equipment in these institutions	9092
to the director of job and family services, the director of mental	9093
health, the director of ~~mental retardation and~~ developmental	9094
disabilities, the director of rehabilitation and correction, and	9095
the governor.	9096

Sec. 3301.52. As used in sections 3301.52 to 3301.59 of the	9097
Revised Code:	9098

(A) "Preschool program" means either of the following:

9099

(1) A child care program for preschool children that is	9100
operated by a school district board of education or an eligible	9101
nonpublic school.	9102

(2) A child care program for preschool children age three or	9103
older that is operated by a county ~~MR/DD~~DD board.	9104

(B) "Preschool child" or "child" means a child who has not	9105
entered kindergarten and is not of compulsory school age.	9106

(C) "Parent, guardian, or custodian" means the person or	9107
government agency that is or will be responsible for a child's	9108
school attendance under section 3321.01 of the Revised Code.	9109

(D) "Superintendent" means the superintendent of a school	9110
district or the chief administrative officer of an eligible	9111
nonpublic school.	9112

(E) "Director" means the director, head teacher, elementary	9113
principal, or site administrator who is the individual on site and	9114
responsible for supervision of a preschool program.	9115

(F) "Preschool staff member" means a preschool employee whose	9116
primary responsibility is care, teaching, or supervision of	9117
preschool children.	9118

(G) "Nonteaching employee" means a preschool program or	9119
school child program employee whose primary responsibilities are	9120
duties other than care, teaching, and supervision of preschool	9121
children or school children.	9122

(H) "Eligible nonpublic school" means a nonpublic school	9123
chartered as described in division (B)(8) of section 5104.02 of	9124
the Revised Code or chartered by the state board of education for	9125
any combination of grades one through twelve, regardless of	9126
whether it also offers kindergarten.	9127

(I) "County ~~MR/DD~~DD board" means a county board of ~~mental~~	9128
~~retardation and~~ developmental disabilities.	9129

(J) "School child program" means a child care program for	9130
only school children that is operated by a school district board	9131
of education, county ~~MR/DD~~DD board, or eligible nonpublic school.	9132

(K) "School child" and "child care" have the same meanings as	9133
in section 5104.01 of the Revised Code.	9134

(L) "School child program staff member" means an employee	9135
whose primary responsibility is the care, teaching, or supervision	9136
of children in a school child program.	9137

Sec. 3301.53. (A) The state board of education, in	9138
consultation with the director of job and family services, shall	9139
formulate and prescribe by rule adopted under Chapter 119. of the	9140
Revised Code minimum standards to be applied to preschool programs	9141
operated by school district boards of education, county ~~MR/DD~~DD	9142
boards, or eligible nonpublic schools. The rules shall include	9143
the following:	9144

(1) Standards ensuring that the preschool program is located	9145
in a safe and convenient facility that accommodates the enrollment	9146
of the program, is of the quality to support the growth and	9147
development of the children according to the program objectives,	9148
and meets the requirements of section 3301.55 of the Revised Code;	9149

(2) Standards ensuring that supervision, discipline, and	9150
programs will be administered according to established objectives	9151
and procedures;	9152

(3) Standards ensuring that preschool staff members and	9153
nonteaching employees are recruited, employed, assigned,	9154
evaluated, and provided inservice education without discrimination	9155
on the basis of age, color, national origin, race, or sex; and	9156
that preschool staff members and nonteaching employees are	9157
assigned responsibilities in accordance with written position	9158
descriptions commensurate with their training and experience;	9159

(4) A requirement that boards of education intending to	9160
establish a preschool program demonstrate a need for a preschool	9161
program prior to establishing the program;	9162

(5) Requirements that children participating in preschool	9163
programs have been immunized to the extent considered appropriate	9164
by the state board to prevent the spread of communicable disease;	9165

(6) Requirements that the parents of preschool children	9166
complete the emergency medical authorization form specified in	9167
section 3313.712 of the Revised Code.	9168

(B) The state board of education in consultation with the	9169
director of job and family services shall ensure that the rules	9170
adopted by the state board under sections 3301.52 to 3301.58 of	9171
the Revised Code are consistent with and meet or exceed the	9172
requirements of Chapter 5104. of the Revised Code with regard to	9173
child day-care centers. The state board and the director of job	9174
and family services shall review all such rules at least once	9175
every five years.	9176

(C) The state board of education, in consultation with the	9177
director of job and family services, shall adopt rules for school	9178
child programs that are consistent with and meet or exceed the	9179
requirements of the rules adopted for school child day-care	9180
centers under Chapter 5104. of the Revised Code.	9181

Sec. 3301.55. (A) A school district, county ~~MR/DD~~DD board,	9182
or eligible nonpublic school operating a preschool program shall	9183
house the program in buildings that meet the following	9184
requirements:	9185

(1) The building is operated by the district, county ~~MR/DD~~DD	9186
board, or eligible nonpublic school and has been approved by the	9187
division of industrial compliance in the department of commerce or	9188
a certified municipal, township, or county building department for	9189
the purpose of operating a program for preschool children. Any	9190
such structure shall be constructed, equipped, repaired, altered,	9191
and maintained in accordance with applicable provisions of	9192
Chapters 3781. and 3791. and with rules adopted by the board of	9193
building standards under Chapter 3781. of the Revised Code for the	9194
safety and sanitation of structures erected for this purpose.	9195

(2) The building is in compliance with fire and safety laws	9196
and regulations as evidenced by reports of annual school fire and	9197
safety inspections as conducted by appropriate local authorities.	9198

(3) The school is in compliance with rules established by the	9199
state board of education regarding school food services.	9200

(4) The facility includes not less than thirty-five square	9201
feet of indoor space for each child in the program. Safe play	9202
space, including both indoor and outdoor play space, totaling not	9203
less than sixty square feet for each child using the space at any	9204
one time, shall be regularly available and scheduled for use.	9205

(5) First aid facilities and space for temporary placement or	9206
isolation of injured or ill children are provided.	9207

(B) Each school district, county ~~MR/DD~~DD board, or eligible	9208
nonpublic school that operates, or proposes to operate, a	9209
preschool program shall submit a building plan including all	9210
information specified by the state board of education to the board	9211
not later than the first day of September of the school year in	9212
which the program is to be initiated. The board shall determine	9213
whether the buildings meet the requirements of this section and	9214
section 3301.53 of the Revised Code, and notify the superintendent	9215
of its determination. If the board determines, on the basis of the	9216
building plan or any other information, that the buildings do not	9217
meet those requirements, it shall cause the buildings to be	9218
inspected by the department of education. The department shall	9219
make a report to the superintendent specifying any aspects of the	9220
building that are not in compliance with the requirements of this	9221
section and section 3301.53 of the Revised Code and the time	9222
period that will be allowed the district, county ~~MR/DD~~DD board,	9223
or school to meet the requirements.	9224

Sec. 3301.57. (A) For the purpose of improving programs,	9225
facilities, and implementation of the standards promulgated by the	9226
state board of education under section 3301.53 of the Revised	9227
Code, the state department of education shall provide consultation	9228
and technical assistance to school districts, county ~~MR/DD~~DD	9229
boards, and eligible nonpublic schools operating preschool	9230
programs or school child programs, and inservice training to	9231
preschool staff members, school child program staff members, and	9232
nonteaching employees.	9233

(B) The department and the school district board of	9234
education, county ~~MR/DD~~DD board, or eligible nonpublic school	9235
shall jointly monitor each preschool program and each school child	9236
program.	9237

If the program receives any grant or other funding from the	9238
state or federal government, the department annually shall monitor	9239
all reports on attendance, financial support, and expenditures	9240
according to provisions for use of the funds.	9241

(C) The department of education, at least twice during every	9242
twelve-month period of operation of a preschool program or a	9243
licensed school child program, shall inspect the program and	9244
provide a written inspection report to the superintendent of the	9245
school district, county ~~MR/DD~~DD board, or eligible nonpublic	9246
school. At least one inspection shall be unannounced, and all	9247
inspections may be unannounced. No person shall interfere with any	9248
inspection conducted pursuant to this division or to the rules	9249
adopted pursuant to sections 3301.52 to 3301.59 of the Revised	9250
Code.	9251

Upon receipt of any complaint that a preschool program or a	9252
licensed school child program is out of compliance with the	9253
requirements in sections 3301.52 to 3301.59 of the Revised Code or	9254
the rules adopted under those sections, the department shall	9255
investigate and may inspect the program.	9256

(D) If a preschool program or a licensed school child program	9257
is determined to be out of compliance with the requirements of	9258
sections 3301.52 to 3301.59 of the Revised Code or the rules	9259
adopted under those sections, the department of education shall	9260
notify the appropriate superintendent, county ~~MR/DD~~DD board, or	9261
eligible nonpublic school in writing regarding the nature of the	9262
violation, what must be done to correct the violation, and by what	9263
date the correction must be made. If the correction is not made by	9264
the date established by the department, it may commence action	9265
under Chapter 119. of the Revised Code to close the program or to	9266
revoke the license of the program. If a program does not comply	9267
with an order to cease operation issued in accordance with Chapter	9268
119. of the Revised Code, the department shall notify the attorney	9269
general, the prosecuting attorney of the county in which the	9270
program is located, or the city attorney, village solicitor, or	9271
other chief legal officer of the municipal corporation in which	9272
the program is located that the program is operating in violation	9273
of sections 3301.52 to 3301.59 of the Revised Code or the rules	9274
adopted under those sections and in violation of an order to cease	9275
operation issued in accordance with Chapter 119. of the Revised	9276
Code. Upon receipt of the notification, the attorney general,	9277
prosecuting attorney, city attorney, village solicitor, or other	9278
chief legal officer shall file a complaint in the court of common	9279
pleas of the county in which the program is located requesting the	9280
court to issue an order enjoining the program from operating. The	9281
court shall grant the requested injunctive relief upon a showing	9282
that the program named in the complaint is operating in violation	9283
of sections 3301.52 to 3301.59 of the Revised Code or the rules	9284
adopted under those sections and in violation of an order to cease	9285
operation issued in accordance with Chapter 119. of the Revised	9286
Code.	9287

(E) The department of education shall prepare an annual	9288
report on inspections conducted under this section. The report	9289
shall include the number of inspections conducted, the number and	9290
types of violations found, and the steps taken to address the	9291
violations. The department shall file the report with the	9292
governor, the president and minority leader of the senate, and the	9293
speaker and minority leader of the house of representatives on or	9294
before the first day of January of each year, beginning in 1999.	9295

Sec. 3301.58. (A) The department of education is responsible	9296
for the licensing of preschool programs and school child programs	9297
and for the enforcement of sections 3301.52 to 3301.59 of the	9298
Revised Code and of any rules adopted under those sections. No	9299
school district board of education, county ~~MR/DD~~DD board, or	9300
eligible nonpublic school shall operate, establish, manage,	9301
conduct, or maintain a preschool program without a license issued	9302
under this section. A school district board of education, county	9303
~~MR/DD~~DD board, or eligible nonpublic school may obtain a license	9304
under this section for a school child program. The school district	9305
board of education, county ~~MR/DD~~DD board, or eligible nonpublic	9306
school shall post the current license for each preschool program	9307
and licensed school child program it operates, establishes,	9308
manages, conducts, or maintains in a conspicuous place in the	9309
preschool program or licensed school child program that is	9310
accessible to parents, custodians, or guardians and employees and	9311
staff members of the program at all times when the program is in	9312
operation.	9313

(B) Any school district board of education, county ~~MR/DD~~DD	9314
board, or eligible nonpublic school that desires to operate,	9315
establish, manage, conduct, or maintain a preschool program shall	9316
apply to the department of education for a license on a form that	9317
the department shall prescribe by rule. Any school district board	9318
of education, county ~~MR/DD~~DD board, or eligible nonpublic school	9319
that desires to obtain a license for a school child program shall	9320
apply to the department for a license on a form that the	9321
department shall prescribe by rule. The department shall provide	9322
at no charge to each applicant for a license under this section a	9323
copy of the requirements under sections 3301.52 to 3301.59 of the	9324
Revised Code and any rules adopted under those sections. The	9325
department shall mail application forms for the renewal of a	9326
license at least one hundred twenty days prior to the date of the	9327
expiration of the license, and the application for renewal of a	9328
license shall be filed with the department at least sixty days	9329
before the date of the expiration of the existing license. The	9330
department may establish application fees by rule adopted under	9331
Chapter 119. of the Revised Code, and all applicants for a license	9332
shall pay any fee established by the department at the time of	9333
making an application for a license. All fees collected pursuant	9334
to this section shall be paid into the state treasury to the	9335
credit of the general revenue fund.	9336

(C) Upon the filing of an application for a license, the	9337
department of education shall investigate and inspect the	9338
preschool program or school child program to determine the license	9339
capacity for each age category of children of the program and to	9340
determine whether the program complies with sections 3301.52 to	9341
3301.59 of the Revised Code and any rules adopted under those	9342
sections. When, after investigation and inspection, the department	9343
of education is satisfied that sections 3301.52 to 3301.59 of the	9344
Revised Code and any rules adopted under those sections are	9345
complied with by the applicant, the department of education shall	9346
issue the program a provisional license as soon as practicable in	9347
the form and manner prescribed by the rules of the department. The	9348
provisional license shall be valid for six months from the date of	9349
issuance unless revoked.	9350

(D) The department of education shall investigate and inspect	9351
a preschool program or school child program that has been issued a	9352
provisional license at least once during operation under the	9353
provisional license. If, after the investigation and inspection,	9354
the department of education determines that the requirements of	9355
sections 3301.52 to 3301.59 of the Revised Code and any rules	9356
adopted under those sections are met by the provisional licensee,	9357
the department of education shall issue a license that is	9358
effective for two years from the date of the issuance of the	9359
provisional license.	9360

(E) Upon the filing of an application for the renewal of a	9361
license by a preschool program or school child program, the	9362
department of education shall investigate and inspect the	9363
preschool program or school child program. If the department of	9364
education determines that the requirements of sections 3301.52 to	9365
3301.59 of the Revised Code and any rules adopted under those	9366
sections are met by the applicant, the department of education	9367
shall renew the license for two years from the date of the	9368
expiration date of the previous license.	9369

(F) The license or provisional license shall state the name	9370
of the school district board of education, county ~~MR/DD~~DD board,	9371
or eligible nonpublic school that operates the preschool program	9372
or school child program and the license capacity of the program.	9373
The license shall include any other information required by	9374
section 5104.03 of the Revised Code for the license of a child	9375
day-care center.	9376

(G) The department of education may revoke the license of any	9377
preschool program or school child program that is not in	9378
compliance with the requirements of sections 3301.52 to 3301.59 of	9379
the Revised Code and any rules adopted under those sections.	9380

(H) If the department of education revokes a license or	9381
refuses to renew a license to a program, the department shall not	9382
issue a license to the program within two years from the date of	9383
the revocation or refusal. All actions of the department with	9384
respect to licensing preschool programs and school child programs	9385
shall be in accordance with Chapter 119. of the Revised Code.	9386

Sec. 3304.231. There is hereby created a brain injury	9387
advisory committee, which shall advise the administrator of the	9388
rehabilitation services commission and the brain injury program	9389
with regard to unmet needs of survivors of brain injury,	9390
development of programs for survivors and their families,	9391
establishment of training programs for health care professionals,	9392
and any other matter within the province of the brain injury	9393
program. The committee shall consist of not less than eighteen and	9394
not more than twenty-one members as follows:	9395

(A) Not less than ten and not more than twelve members	9396
appointed by the administrator of the rehabilitation services	9397
commission, including all of the following: a survivor of brain	9398
injury, a relative of a survivor of brain injury, a licensed	9399
physician recommended by the Ohio chapter of the American college	9400
of emergency physicians, a licensed physician recommended by the	9401
Ohio state medical association, one other health care	9402
professional, a rehabilitation professional, an individual who	9403
represents the brain injury association of Ohio, and not less than	9404
three nor more than five individuals who shall represent the	9405
public;	9406

(B) The directors of the departments of health, alcohol and	9407
drug addiction services, ~~mental retardation and~~ developmental	9408
disabilities, mental health, job and family services, and highway	9409
safety; the administrator of workers' compensation; the	9410
superintendent of public instruction; and the administrator of the	9411
rehabilitation services commission. Any of the officials specified	9412
in this division may designate an individual to serve in the	9413
official's place as a member of the committee.	9414

The director of health shall make initial appointments to the	9415
committee by November 1, 1990. Appointments made after July 26,	9416
1991, shall be made by the administrator of the rehabilitation	9417
services commission. Terms of office shall be two years. Members	9418
may be reappointed. Vacancies shall be filled in the manner	9419
provided for original appointments. Any member appointed to fill a	9420
vacancy occurring prior to the expiration date of the term for	9421
which the member's predecessor was appointed shall hold office as	9422
a member for the remainder of that term.	9423

Members of the committee shall serve without compensation,	9424
but shall be reimbursed for actual and necessary expenses incurred	9425
in the performance of their duties.	9426

Sec. 3313.65. (A) As used in this section and section	9427
3313.64 of the Revised Code:	9428

(1) A person is "in a residential facility" if the person is	9429
a resident or a resident patient of an institution, home, or other	9430
residential facility that is:	9431

(a) Licensed as a nursing home, residential care facility, or	9432
home for the aging by the director of health under section 3721.02	9433
of the Revised Code or licensed as a community alternative home by	9434
the director of health under section 3724.03 of the Revised Code;	9435

(b) Licensed as an adult care facility by the director of	9436
health under Chapter 3722. of the Revised Code;	9437

(c) Maintained as a county home or district home by the board	9438
of county commissioners or a joint board of county commissioners	9439
under Chapter 5155. of the Revised Code;	9440

(d) Operated or administered by a board of alcohol, drug	9441
addiction, and mental health services under section 340.03 or	9442
340.06 of the Revised Code, or provides residential care pursuant	9443
to contracts made under section 340.03 or 340.033 of the Revised	9444
Code;	9445

(e) Maintained as a state institution for the mentally ill	9446
under Chapter 5119. of the Revised Code;	9447

(f) Licensed by the department of mental health under section	9448
5119.20 or 5119.22 of the Revised Code;	9449

(g) Licensed as a residential facility by the department of	9450
~~mental retardation and~~ developmental disabilities under section	9451
5123.19 of the Revised Code;	9452

(h) Operated by the veteran's administration or another	9453
agency of the United States government;	9454

(i) The Ohio soldiers' and sailors' home.

9455

(2) A person is "in a correctional facility" if any of the	9456
following apply:	9457

(a) The person is an Ohio resident and is:

9458

(i) Imprisoned, as defined in section 1.05 of the Revised	9459
Code;	9460

(ii) Serving a term in a community-based correctional	9461
facility or a district community-based correctional facility;	9462

(iii) Required, as a condition of parole, a post-release	9463
control sanction, a community control sanction, transitional	9464
control, or early release from imprisonment, as a condition of	9465
shock parole or shock probation granted under the law in effect	9466
prior to July 1, 1996, or as a condition of a furlough granted	9467
under the version of section 2967.26 of the Revised Code in effect	9468
prior to March 17, 1998, to reside in a halfway house or other	9469
community residential center licensed under section 2967.14 of the	9470
Revised Code or a similar facility designated by the court of	9471
common pleas that established the condition or by the adult parole	9472
authority.	9473

(b) The person is imprisoned in a state correctional	9474
institution of another state or a federal correctional institution	9475
but was an Ohio resident at the time the sentence was imposed for	9476
the crime for which the person is imprisoned.	9477

(3) A person is "in a juvenile residential placement" if the	9478
person is an Ohio resident who is under twenty-one years of age	9479
and has been removed, by the order of a juvenile court, from the	9480
place the person resided at the time the person became subject to	9481
the court's jurisdiction in the matter that resulted in the	9482
person's removal.	9483

(4) "Community control sanction" has the same meaning as in	9484
section 2929.01 of the Revised Code.	9485

(5) "Post-release control sanction" has the same meaning as	9486
in section 2967.01 of the Revised Code.	9487

(B) If the circumstances described in division (C) of this	9488
section apply, the determination of what school district must	9489
admit a child to its schools and what district, if any, is liable	9490
for tuition shall be made in accordance with this section, rather	9491
than section 3313.64 of the Revised Code.	9492

(C) A child who does not reside in the school district in	9493
which the child's parent resides and for whom a tuition obligation	9494
previously has not been established under division (C)(2) of	9495
section 3313.64 of the Revised Code shall be admitted to the	9496
schools of the district in which the child resides if at least one	9497
of the child's parents is in a residential or correctional	9498
facility or a juvenile residential placement and the other parent,	9499
if living and not in such a facility or placement, is not known to	9500
reside in this state.	9501

(D) Regardless of who has custody or care of the child,	9502
whether the child resides in a home, or whether the child receives	9503
special education, if a district admits a child under division (C)	9504
of this section, tuition shall be paid to that district as	9505
follows:	9506

(1) If the child's parent is in a juvenile residential	9507
placement, by the district in which the child's parent resided at	9508
the time the parent became subject to the jurisdiction of the	9509
juvenile court;	9510

(2) If the child's parent is in a correctional facility, by	9511
the district in which the child's parent resided at the time the	9512
sentence was imposed;	9513

(3) If the child's parent is in a residential facility, by	9514
the district in which the parent resided at the time the parent	9515
was admitted to the residential facility, except that if the	9516
parent was transferred from another residential facility, tuition	9517
shall be paid by the district in which the parent resided at the	9518
time the parent was admitted to the facility from which the parent	9519
first was transferred;	9520

(4) In the event of a disagreement as to which school	9521
district is liable for tuition under division (C)(1), (2), or (3)	9522
of this section, the superintendent of public instruction shall	9523
determine which district shall pay tuition.	9524

(E) If a child covered by division (D) of this section	9525
receives special education in accordance with Chapter 3323. of the	9526
Revised Code, the tuition shall be paid in accordance with section	9527
3323.13 or 3323.14 of the Revised Code. Tuition for children who	9528
do not receive special education shall be paid in accordance with	9529
division (J) of section 3313.64 of the Revised Code.	9530

Sec. 3313.715. The board of education of a school district	9531
may request from the director of ~~mental retardation and~~	9532
developmental disabilities the appropriate identification numbers	9533
for all students residing in the district who are medical	9534
assistance recipients under Chapter 5111. of the Revised Code. The	9535
director shall furnish such numbers upon receipt of lists of	9536
student names furnished by the district board, in such form as the	9537
director may require.	9538

The director of job and family services shall provide the	9539
director of ~~mental retardation and~~ developmental disabilities with	9540
the data necessary for compliance with this section.	9541

Section 3319.321 of the Revised Code does not apply to the	9542
release of student names or other data to the director of ~~mental~~	9543
~~retardation and~~ developmental disabilities for the purposes of	9544
this section. Chapter 1347. of the Revised Code does not apply to	9545
information required to be kept by a school board or the	9546
departments of job and family services or ~~mental retardation and~~	9547
developmental disabilities to the extent necessary to comply with	9548
this section and section 3313.714 of the Revised Code. However,	9549
any such information or data shall be used only for the specific	9550
legal purposes of such boards and departments and shall not be	9551
released to any unauthorized person.	9552

Sec. 3314.022. The governing authority of any community	9553
school established under this chapter may contract with the	9554
governing authority of another community school, the board of	9555
education of a school district, the governing board of an	9556
educational service center, a county ~~MR/DD~~DD board, or the	9557
administrative authority of a nonpublic school for provision of	9558
services for any disabled student enrolled at the school. Any	9559
school district board of education or educational service center	9560
governing board shall negotiate with a community school governing	9561
authority that seeks to contract for the provision of services for	9562
a disabled student under this section in the same manner as it	9563
would with the board of education of a school district that seeks	9564
to contract for such services.	9565

Sec. 3314.99. (A) Whoever violates division (F) of section	9566
3314.40 of the Revised Code shall be punished as follows:	9567

(1) Except as otherwise provided in division (A)(2) of this	9568
section, the person is guilty of a misdemeanor of the fourth	9569
degree.	9570

(2) The person is guilty of a misdemeanor of the first degree	9571
if both of the following conditions apply:	9572

(a) The employee who is the subject of the report that the	9573
person fails to submit was required to be reported for the	9574
commission or alleged commission of an act or offense involving	9575
the infliction on a child of any physical or mental wound,	9576
injury, disability, or condition of a nature that constitutes	9577
abuse or neglect of the child;	9578

(b) During the period between the violation of division (F)	9579
of section 3314.40 of the Revised Code and the conviction of or	9580
plea of guilty by the person for that violation, the employee who	9581
is the subject of the report that the person fails to submit	9582
inflicts on any child attending a school district, educational	9583
service center, public or nonpublic school, or county board of	9584
~~mental retardation and~~ developmental disabilities where the	9585
employee works any physical or mental wound, injury, disability,	9586
or condition of a nature that constitutes abuse or neglect of the	9587
child.	9588

(B) Whoever violates division (B) of section 3314.403 of the	9589
Revised Code is guilty of a misdemeanor of the first degree.	9590

Sec. 3317.01. As used in this section and section 3317.011	9591
of the Revised Code, "school district," unless otherwise	9592
specified, means any city, local, exempted village, joint	9593
vocational, or cooperative education school district and any	9594
educational service center.	9595

This chapter shall be administered by the state board of	9596
education. The superintendent of public instruction shall	9597
calculate the amounts payable to each school district and shall	9598
certify the amounts payable to each eligible district to the	9599
treasurer of the district as provided by this chapter. As soon as	9600
possible after such amounts are calculated, the superintendent	9601
shall certify to the treasurer of each school district the	9602
district's adjusted charge-off increase, as defined in section	9603
5705.211 of the Revised Code. No moneys shall be distributed	9604
pursuant to this chapter without the approval of the controlling	9605
board.	9606

The state board of education shall, in accordance with	9607
appropriations made by the general assembly, meet the financial	9608
obligations of this chapter.	9609

Annually, the department of education shall calculate and	9610
report to each school district the district's total state and	9611
local funds for providing an adequate basic education to the	9612
district's nondisabled students, utilizing the determination in	9613
section 3317.012 of the Revised Code. In addition, the department	9614
shall calculate and report separately for each school district	9615
the district's total state and local funds for providing an	9616
adequate education for its students with disabilities, utilizing	9617
the determinations in both sections 3317.012 and 3317.013 of the	9618
Revised Code.	9619

Not later than the thirty-first day of August of each fiscal	9620
year, the department of education shall provide to each school	9621
district and county ~~MR/DD~~DD board a preliminary estimate of the	9622
amount of funding that the department calculates the district will	9623
receive under each of divisions (C)(1) and (4) of section 3317.022	9624
of the Revised Code. No later than the first day of December of	9625
each fiscal year, the department shall update that preliminary	9626
estimate.	9627

Moneys distributed pursuant to this chapter shall be	9628
calculated and paid on a fiscal year basis, beginning with the	9629
first day of July and extending through the thirtieth day of June.	9630
The moneys appropriated for each fiscal year shall be distributed	9631
at least monthly to each school district unless otherwise provided	9632
for. The state board shall submit a yearly distribution plan to	9633
the controlling board at its first meeting in July. The state	9634
board shall submit any proposed midyear revision of the plan to	9635
the controlling board in January. Any year-end revision of the	9636
plan shall be submitted to the controlling board in June. If	9637
moneys appropriated for each fiscal year are distributed other	9638
than monthly, such distribution shall be on the same basis for	9639
each school district.	9640

The total amounts paid each month shall constitute, as nearly	9641
as possible, one-twelfth of the total amount payable for the	9642
entire year.	9643

Until fiscal year 2007, payments made during the first six	9644
months of the fiscal year may be based on an estimate of the	9645
amounts payable for the entire year. Payments made in the last	9646
six months shall be based on the final calculation of the amounts	9647
payable to each school district for that fiscal year. Payments	9648
made in the last six months may be adjusted, if necessary, to	9649
correct the amounts distributed in the first six months, and to	9650
reflect enrollment increases when such are at least three per	9651
cent.	9652

Beginning in fiscal year 2007, payments shall be calculated	9653
to reflect the biannual reporting of average daily membership. In	9654
fiscal year 2007 and in each fiscal year thereafter, annualized	9655
periodic payments for each school district shall be based on the	9656
district's final student counts verified by the superintendent of	9657
public instruction based on reports under section 3317.03 of the	9658
Revised Code, as adjusted, if so ordered, under division (K) of	9659
that section, as follows:	9660

the sum of one-half of the number of students verified	9661

and adjusted for the first full week in October	9662

plus one-half of the average of the numbers	9663

verified and adjusted for the first full week	9664

in October and for the first full week in February	9665

Except as otherwise provided, payments under this chapter	9666
shall be made only to those school districts in which:	9667

(A) The school district, except for any educational service	9668
center and any joint vocational or cooperative education school	9669
district, levies for current operating expenses at least twenty	9670
mills. Levies for joint vocational or cooperative education	9671
school districts or county school financing districts, limited to	9672
or to the extent apportioned to current expenses, shall be	9673
included in this qualification requirement. School district income	9674
tax levies under Chapter 5748. of the Revised Code, limited to or	9675
to the extent apportioned to current operating expenses, shall be	9676
included in this qualification requirement to the extent	9677
determined by the tax commissioner under division (D) of section	9678
3317.021 of the Revised Code.	9679

(B) The school year next preceding the fiscal year for which	9680
such payments are authorized meets the requirement of section	9681
3313.48 or 3313.481 of the Revised Code, with regard to the	9682
minimum number of days or hours school must be open for	9683
instruction with pupils in attendance, for individualized	9684
parent-teacher conference and reporting periods, and for	9685
professional meetings of teachers. This requirement shall be	9686
waived by the superintendent of public instruction if it had been	9687
necessary for a school to be closed because of disease epidemic,	9688
hazardous weather conditions, inoperability of school buses or	9689
other equipment necessary to the school's operation, damage to a	9690
school building, or other temporary circumstances due to utility	9691
failure rendering the school building unfit for school use,	9692
provided that for those school districts operating pursuant to	9693
section 3313.48 of the Revised Code the number of days the school	9694
was actually open for instruction with pupils in attendance and	9695
for individualized parent-teacher conference and reporting periods	9696
is not less than one hundred seventy-five, or for those school	9697
districts operating on a trimester plan the number of days the	9698
school was actually open for instruction with pupils in attendance	9699
not less than seventy-nine days in any trimester, for those school	9700
districts operating on a quarterly plan the number of days the	9701
school was actually open for instruction with pupils in attendance	9702
not less than fifty-nine days in any quarter, or for those school	9703
districts operating on a pentamester plan the number of days the	9704
school was actually open for instruction with pupils in attendance	9705
not less than forty-four days in any pentamester.	9706

A school district shall not be considered to have failed to	9707
comply with this division or section 3313.481 of the Revised Code	9708
because schools were open for instruction but either twelfth grade	9709
students were excused from attendance for up to three days or only	9710
a portion of the kindergarten students were in attendance for up	9711
to three days in order to allow for the gradual orientation to	9712
school of such students.	9713

The superintendent of public instruction shall waive the	9714
requirements of this section with reference to the minimum number	9715
of days or hours school must be in session with pupils in	9716
attendance for the school year succeeding the school year in which	9717
a board of education initiates a plan of operation pursuant to	9718
section 3313.481 of the Revised Code. The minimum requirements of	9719
this section shall again be applicable to such a district	9720
beginning with the school year commencing the second July	9721
succeeding the initiation of one such plan, and for each school	9722
year thereafter.	9723

A school district shall not be considered to have failed to	9724
comply with this division or section 3313.48 or 3313.481 of the	9725
Revised Code because schools were open for instruction but the	9726
length of the regularly scheduled school day, for any number of	9727
days during the school year, was reduced by not more than two	9728
hours due to hazardous weather conditions.	9729

(C) The school district has on file, and is paying in	9730
accordance with, a teachers' salary schedule which complies with	9731
section 3317.13 of the Revised Code.	9732

A board of education or governing board of an educational	9733
service center which has not conformed with other law and the	9734
rules pursuant thereto, shall not participate in the distribution	9735
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,	9736
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good	9737
and sufficient reason established to the satisfaction of the state	9738
board of education and the state controlling board.	9739

All funds allocated to school districts under this chapter,	9740
except those specifically allocated for other purposes, shall be	9741
used to pay current operating expenses only.	9742

Sec. 3317.02. As used in this chapter:

9743

(A) Unless otherwise specified, "school district" means city,	9744
local, and exempted village school districts.	9745

(B) "Formula amount" means the base cost for the fiscal year	9746
specified in division (B)(4) of section 3317.012 of the Revised	9747
Code.	9748

(C) "FTE basis" means a count of students based on full-time	9749
equivalency, in accordance with rules adopted by the department of	9750
education pursuant to section 3317.03 of the Revised Code. In	9751
adopting its rules under this division, the department shall	9752
provide for counting any student in category one, two, three,	9753
four, five, or six special education ADM or in category one or two	9754
vocational education ADM in the same proportion the student is	9755
counted in formula ADM.	9756

(D) "Formula ADM" means, for a city, local, or exempted	9757
village school district, the final number verified by the	9758
superintendent of public instruction, based on the number reported	9759
pursuant to division (A) of section 3317.03 of the Revised Code,	9760
as adjusted, if so ordered, under division (K) of that section.	9761
"Formula ADM" means, for a joint vocational school district, the	9762
final number verified by the superintendent of public	9763
instruction, based on the number reported pursuant to division (D)	9764
of section 3317.03 of the Revised Code, as adjusted, if so	9765
ordered, under division (K) of that section. Beginning in fiscal	9766
year 2007, for payments in which formula ADM is a factor, the	9767
formula ADM for each school district for the fiscal year is the	9768
sum of one-half of the number verified and adjusted for October	9769
of that fiscal year plus one-half of the average of the numbers	9770
verified and adjusted for October and February of that fiscal	9771
year.	9772

(E) "Three-year average formula ADM" means the average of	9773
formula ADMs for the preceding three fiscal years.	9774

(F)(1) "Category one special education ADM" means the average	9775
daily membership of children with disabilities receiving special	9776
education services for the disability specified in division (A)	9777
of section 3317.013 of the Revised Code and reported under	9778
division (B)(5) or (D)(2)(b) of section 3317.03 of the Revised	9779
Code. Beginning in fiscal year 2007, the district's category one	9780
special education ADM for a fiscal year is the sum of one-half of	9781
the number reported for October of that fiscal year plus one-half	9782
of the average of the numbers reported for October and February	9783
of that fiscal year.	9784

(2) "Category two special education ADM" means the average	9785
daily membership of children with disabilities receiving special	9786
education services for those disabilities specified in division	9787
(B) of section 3317.013 of the Revised Code and reported under	9788
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	9789
Code. Beginning in fiscal year 2007, the district's category two	9790
special education ADM for a fiscal year is the sum of one-half of	9791
the number reported for October of that fiscal year plus one-half	9792
of the average of the numbers reported for October and February	9793
of that fiscal year.	9794

(3) "Category three special education ADM" means the average	9795
daily membership of students receiving special education services	9796
for those disabilities specified in division (C) of section	9797
3317.013 of the Revised Code, and reported under division (B)(7)	9798
or (D)(2)(d) of section 3317.03 of the Revised Code. Beginning in	9799
fiscal year 2007, the district's category three special education	9800
ADM for a fiscal year is the sum of one-half of the number	9801
reported for October of that fiscal year plus one-half of the	9802
average of the numbers reported for October and February of that	9803
fiscal year.	9804

(4) "Category four special education ADM" means the average	9805
daily membership of students receiving special education services	9806
for those disabilities specified in division (D) of section	9807
3317.013 of the Revised Code and reported under division (B)(8)	9808
or (D)(2)(e) of section 3317.03 of the Revised Code. Beginning in	9809
fiscal year 2007, the district's category four special education	9810
ADM for a fiscal year is the sum of one-half of the number	9811
reported for October of that fiscal year plus one-half of the	9812
average of the numbers reported for October and February of that	9813
fiscal year.	9814

(5) "Category five special education ADM" means the average	9815
daily membership of students receiving special education services	9816
for the disabilities specified in division (E) of section	9817
3317.013 of the Revised Code and reported under division (B)(9) or	9818
(D)(2)(f) of section 3317.03 of the Revised Code. Beginning in	9819
fiscal year 2007, the district's category five special education	9820
ADM for a fiscal year is the sum of one-half of the number	9821
reported for October of that fiscal year plus one-half of the	9822
average of the numbers reported for October and February of that	9823
fiscal year.	9824

(6) "Category six special education ADM" means the average	9825
daily membership of students receiving special education services	9826
for the disabilities specified in division (F) of section	9827
3317.013 of the Revised Code and reported under division (B)(10)	9828
or (D)(2)(g) of section 3317.03 of the Revised Code. Beginning in	9829
fiscal year 2007, the district's category six special education	9830
ADM for a fiscal year is the sum of one-half of the number	9831
reported for October of that fiscal year plus one-half of the	9832
average of the numbers reported for October and February of that	9833
fiscal year.	9834

(7) "Category one vocational education ADM" means the average	9835
daily membership of students receiving vocational education	9836
services described in division (A) of section 3317.014 of the	9837
Revised Code and reported under division (B)(11) or (D)(2)(h) of	9838
section 3317.03 of the Revised Code. Beginning in fiscal year	9839
2007, the district's category one vocational education ADM for a	9840
fiscal year is the sum of one-half of the number reported for	9841
October of that fiscal year plus one-half of the average of the	9842
numbers reported for October and February of that fiscal year.	9843

(8) "Category two vocational education ADM" means the average	9844
daily membership of students receiving vocational education	9845
services described in division (B) of section 3317.014 of the	9846
Revised Code and reported under division (B)(12) or (D)(2)(i) of	9847
section 3317.03 of the Revised Code. Beginning in fiscal year	9848
2007, the district's category two vocational education ADM for a	9849
fiscal year is the sum of one-half of the number reported for	9850
October of that fiscal year plus one-half of the average of the	9851
numbers reported for October and February of that fiscal year.	9852

(G) "Preschool child with a disability" means a child with	9853
a disability, as defined in section 3323.01 of the Revised Code,	9854
who is at least age three but is not of compulsory school age, as	9855
defined in section 3321.01 of the Revised Code, and who is not	9856
currently enrolled in kindergarten.	9857

(H) "County ~~MR/DD~~DD board" means a county board of ~~mental~~	9858
~~retardation and~~ developmental disabilities.	9859

(I) "Recognized valuation" means the amount calculated for a	9860
school district pursuant to section 3317.015 of the Revised Code.	9861

(J) "Transportation ADM" means the number of children	9862
reported under division (B)(13) of section 3317.03 of the Revised	9863
Code.	9864

(K) "Average efficient transportation use cost per student"	9865
means a statistical representation of transportation costs as	9866
calculated under division (D)(2) of section 3317.022 of the	9867
Revised Code.	9868

(L) "Taxes charged and payable" means the taxes charged and	9869
payable against real and public utility property after making the	9870
reduction required by section 319.301 of the Revised Code, plus	9871
the taxes levied against tangible personal property.	9872

(M) "Total taxable value" means the sum of the amounts	9873
certified for a city, local, exempted village, or joint vocational	9874
school district under divisions (A)(1) and (2) of section 3317.021	9875
of the Revised Code.	9876

(N) "Tax exempt value" of a school district means the amount	9877
certified for a school district under division (A)(4) of section	9878
3317.021 of the Revised Code.	9879

(O) "Potential value" of a school district means the	9880
recognized valuation of a school district plus the tax exempt	9881
value of the district.	9882

(P) "District median income" means the median Ohio adjusted	9883
gross income certified for a school district. On or before the	9884
first day of July of each year, the tax commissioner shall	9885
certify to the department of education and the office of budget	9886
and management for each city, exempted village, and local school	9887
district the median Ohio adjusted gross income of the residents	9888
of the school district determined on the basis of tax returns	9889
filed for the second preceding tax year by the residents of the	9890
district.	9891

(Q) "Statewide median income" means the median district	9892
median income of all city, exempted village, and local school	9893
districts in the state.	9894

(R) "Income factor" for a city, exempted village, or local	9895
school district means the quotient obtained by dividing that	9896
district's median income by the statewide median income.	9897

(S) "Medically fragile child" means a child to whom all of	9898
the following apply:	9899

(1) The child requires the services of a doctor of medicine	9900
or osteopathic medicine at least once a week due to the	9901
instability of the child's medical condition.	9902

(2) The child requires the services of a registered nurse on	9903
a daily basis.	9904

(3) The child is at risk of institutionalization in a	9905
hospital, skilled nursing facility, or intermediate care facility	9906
for the mentally retarded.	9907

(T) A child may be identified as having an "other health	9908
impairment-major" if the child's condition meets the definition	9909
of "other health impaired" established in rules adopted by the	9910
state board of education prior to July 1, 2001, and if either of	9911
the following apply:	9912

(1) The child is identified as having a medical condition	9913
that is among those listed by the superintendent of public	9914
instruction as conditions where a substantial majority of cases	9915
fall within the definition of "medically fragile child." The	9916
superintendent of public instruction shall issue an initial list	9917
no later than September 1, 2001.	9918

(2) The child is determined by the superintendent of public	9919
instruction to be a medically fragile child. A school district	9920
superintendent may petition the superintendent of public	9921
instruction for a determination that a child is a medically	9922
fragile child.	9923

(U) A child may be identified as having an "other health	9924
impairment-minor" if the child's condition meets the definition	9925
of "other health impaired" established in rules adopted by the	9926
state board of education prior to July 1, 2001, but the child's	9927
condition does not meet either of the conditions specified in	9928
division (T)(1) or (2) of this section.	9929

(V) "State education aid" has the same meaning as in section	9930
5751.20 of the Revised Code.	9931

(W) "Property exemption value" means zero in fiscal year	9932
2006, and in fiscal year 2007 and each fiscal year thereafter, the	9933
amount certified for a school district under divisions (A)(6) and	9934
(7) of section 3317.021 of the Revised Code.	9935

(X) "Internet- or computer-based community school" has the	9936
same meaning as in section 3314.02 of the Revised Code.	9937

Sec. 3317.024. In addition to the moneys paid to eligible	9938
school districts pursuant to section 3317.022 of the Revised Code,	9939
moneys appropriated for the education programs in divisions (A) to	9940
(I), (K), (L), and (N) of this section shall be distributed to	9941
school districts meeting the requirements of section 3317.01 of	9942
the Revised Code; in the case of divisions (G) and (L) of this	9943
section, to educational service centers as provided in section	9944
3317.11 of the Revised Code; in the case of divisions (D) and (J)	9945
of this section, to county ~~MR/DD~~DD boards; in the case of	9946
division (N) of this section, to joint vocational school	9947
districts; in the case of division (H) of this section, to	9948
cooperative education school districts; and in the case of	9949
division (M) of this section, to the institutions defined under	9950
section 3317.082 of the Revised Code providing elementary or	9951
secondary education programs to children other than children	9952
receiving special education under section 3323.091 of the Revised	9953
Code. The following shall be distributed monthly, quarterly, or	9954
annually as may be determined by the state board of education:	9955

(A) An amount for each island school district and each joint	9956
state school district for the operation of each high school and	9957
each elementary school maintained within such district and for	9958
capital improvements for such schools. Such amounts shall be	9959
determined on the basis of standards adopted by the state board of	9960
education.	9961

(B) An amount for each school district operating classes for	9962
children of migrant workers who are unable to be in attendance in	9963
an Ohio school during the entire regular school year. The amounts	9964
shall be determined on the basis of standards adopted by the state	9965
board of education, except that payment shall be made only for	9966
subjects regularly offered by the school district providing the	9967
classes.	9968

(C) An amount for each school district with guidance,	9969
testing, and counseling programs approved by the state board of	9970
education. The amount shall be determined on the basis of	9971
standards adopted by the state board of education.	9972

(D) An amount for the emergency purchase of school buses as	9973
provided for in section 3317.07 of the Revised Code;	9974

(E) An amount for each school district required to pay	9975
tuition for a child in an institution maintained by the department	9976
of youth services pursuant to section 3317.082 of the Revised	9977
Code, provided the child was not included in the calculation of	9978
the district's average daily membership for the preceding school	9979
year.	9980

(F) An amount for adult basic literacy education for each	9981
district participating in programs approved by the state board of	9982
education. The amount shall be determined on the basis of	9983
standards adopted by the state board of education.	9984

(G) An amount for the approved cost of transporting eligible	9985
pupils with disabilities attending a special education program	9986
approved by the department of education whom it is impossible or	9987
impractical to transport by regular school bus in the course of	9988
regular route transportation provided by the district or service	9989
center. No district or service center is eligible to receive a	9990
payment under this division for the cost of transporting any pupil	9991
whom it transports by regular school bus and who is included in	9992
the district's transportation ADM. The state board of education	9993
shall establish standards and guidelines for use by the department	9994
of education in determining the approved cost of such	9995
transportation for each district or service center.	9996

(H) An amount to each school district, including each	9997
cooperative education school district, pursuant to section 3313.81	9998
of the Revised Code to assist in providing free lunches to needy	9999
children and an amount to assist needy school districts in	10000
purchasing necessary equipment for food preparation. The amounts	10001
shall be determined on the basis of rules adopted by the state	10002
board of education.	10003

(I) An amount to each school district, for each pupil	10004
attending a chartered nonpublic elementary or high school within	10005
the district. The amount shall equal the amount appropriated for	10006
the implementation of section 3317.06 of the Revised Code divided	10007
by the average daily membership in grades kindergarten through	10008
twelve in nonpublic elementary and high schools within the state	10009
as determined during the first full week in October of each school	10010
year.	10011

(J) An amount for each county ~~MR/DD~~DD board, distributed on	10012
the basis of standards adopted by the state board of education,	10013
for the approved cost of transportation required for children	10014
attending special education programs operated by the county ~~MR/DD~~	10015
DD board under section 3323.09 of the Revised Code;	10016

(K) An amount for each school district that establishes a	10017
mentor teacher program that complies with rules of the state board	10018
of education. No school district shall be required to establish or	10019
maintain such a program in any year unless sufficient funds are	10020
appropriated to cover the district's total costs for the program.	10021

(L) An amount to each school district or educational service	10022
center for the total number of gifted units approved pursuant to	10023
section 3317.05 of the Revised Code. The amount for each such unit	10024
shall be the sum of the minimum salary for the teacher of the	10025
unit, calculated on the basis of the teacher's training level and	10026
years of experience pursuant to the salary schedule prescribed in	10027
the version of section 3317.13 of the Revised Code in effect prior	10028
to July 1, 2001, plus fifteen per cent of that minimum salary	10029
amount, plus two thousand six hundred seventy-eight dollars.	10030

(M) An amount to each institution defined under section	10031
3317.082 of the Revised Code providing elementary or secondary	10032
education to children other than children receiving special	10033
education under section 3323.091 of the Revised Code. This amount	10034
for any institution in any fiscal year shall equal the total of	10035
all tuition amounts required to be paid to the institution under	10036
division (A)(1) of section 3317.082 of the Revised Code.	10037

(N) A grant to each school district and joint vocational	10038
school district that operates a "graduation, reality, and	10039
dual-role skills" (GRADS) program for pregnant and parenting	10040
students that is approved by the department. The amount of the	10041
payment shall be the district's state share percentage, as defined	10042
in section 3317.022 or 3317.16 of the Revised Code, times the	10043
GRADS personnel allowance times the full-time-equivalent number of	10044
GRADS teachers approved by the department. The GRADS personnel	10045
allowance is $47,555 in fiscal years 2008 and 2009. The GRADS	10046
program shall include instruction on adoption as an option for	10047
unintended pregnancies.	10048

The state board of education or any other board of education	10049
or governing board may provide for any resident of a district or	10050
educational service center territory any educational service for	10051
which funds are made available to the board by the United States	10052
under the authority of public law, whether such funds come	10053
directly or indirectly from the United States or any agency or	10054
department thereof or through the state or any agency, department,	10055
or political subdivision thereof.	10056

Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and	10057
(C) of this section, except as provided in division (A)(2)(h) of	10058
this section, any student enrolled in kindergarten more than half	10059
time shall be reported as one-half student under this section.	10060

(A) The superintendent of each city and exempted village	10061
school district and of each educational service center shall, for	10062
the schools under the superintendent's supervision, certify to the	10063
state board of education on or before the fifteenth day of October	10064
in each year for the first full school week in October the formula	10065
ADM. Beginning in fiscal year 2007, each superintendent also shall	10066
certify to the state board, for the schools under the	10067
superintendent's supervision, the formula ADM for the first full	10068
week in February. If a school under the superintendent's	10069
supervision is closed for one or more days during that week due to	10070
hazardous weather conditions or other circumstances described in	10071
the first paragraph of division (B) of section 3317.01 of the	10072
Revised Code, the superintendent may apply to the superintendent	10073
of public instruction for a waiver, under which the superintendent	10074
of public instruction may exempt the district superintendent from	10075
certifying the formula ADM for that school for that week and	10076
specify an alternate week for certifying the formula ADM of that	10077
school.	10078

The formula ADM shall consist of the average daily membership	10079
during such week of the sum of the following:	10080

(1) On an FTE basis, the number of students in grades	10081
kindergarten through twelve receiving any educational services	10082
from the district, except that the following categories of	10083
students shall not be included in the determination:	10084

(a) Students enrolled in adult education classes;

10085

(b) Adjacent or other district students enrolled in the	10086
district under an open enrollment policy pursuant to section	10087
3313.98 of the Revised Code;	10088

(c) Students receiving services in the district pursuant to a	10089
compact, cooperative education agreement, or a contract, but who	10090
are entitled to attend school in another district pursuant to	10091
section 3313.64 or 3313.65 of the Revised Code;	10092

(d) Students for whom tuition is payable pursuant to sections	10093
3317.081 and 3323.141 of the Revised Code;	10094

(e) Students receiving services in the district through a	10095
scholarship awarded under section 3310.41 of the Revised Code.	10096

(2) On an FTE basis, except as provided in division (A)(2)(h)	10097
of this section, the number of students entitled to attend school	10098
in the district pursuant to section 3313.64 or 3313.65 of the	10099
Revised Code, but receiving educational services in grades	10100
kindergarten through twelve from one or more of the following	10101
entities:	10102

(a) A community school pursuant to Chapter 3314. of the	10103
Revised Code, including any participation in a college pursuant to	10104
Chapter 3365. of the Revised Code while enrolled in such community	10105
school;	10106

(b) An alternative school pursuant to sections 3313.974 to	10107
3313.979 of the Revised Code as described in division (I)(2)(a) or	10108
(b) of this section;	10109

(c) A college pursuant to Chapter 3365. of the Revised Code,	10110
except when the student is enrolled in the college while also	10111
enrolled in a community school pursuant to Chapter 3314. or a	10112
science, technology, engineering, and mathematics school	10113
established under Chapter 3326. of the Revised Code;	10114

(d) An adjacent or other school district under an open	10115
enrollment policy adopted pursuant to section 3313.98 of the	10116
Revised Code;	10117

(e) An educational service center or cooperative education	10118
district;	10119

(f) Another school district under a cooperative education	10120
agreement, compact, or contract;	10121

(g) A chartered nonpublic school with a scholarship paid	10122
under section 3310.08 of the Revised Code;	10123

(h) An alternative public provider or a registered private	10124
provider with a scholarship awarded under section 3310.41 of the	10125
Revised Code. Each such scholarship student who is enrolled in	10126
kindergarten shall be counted as one full-time-equivalent	10127
student.	10128

As used in this section, "alternative public provider" and	10129
"registered private provider" have the same meanings as in section	10130
3310.41 of the Revised Code,.	10131

(i) A science, technology, engineering, and mathematics	10132
school established under Chapter 3326. of the Revised Code,	10133
including any participation in a college pursuant to Chapter 3365.	10134
of the Revised Code while enrolled in the school.	10135

(3) Twenty per cent of the number of students enrolled in a	10136
joint vocational school district or under a vocational education	10137
compact, excluding any students entitled to attend school in the	10138
district under section 3313.64 or 3313.65 of the Revised Code who	10139
are enrolled in another school district through an open enrollment	10140
policy as reported under division (A)(2)(d) of this section and	10141
then enroll in a joint vocational school district or under a	10142
vocational education compact;	10143

(4) The number of children with disabilities, other than	10144
preschool children with disabilities, entitled to attend school	10145
in the district pursuant to section 3313.64 or 3313.65 of the	10146
Revised Code who are placed by the district with a county ~~MR/DD~~	10147
DD board, minus the number of such children placed with a county	10148
~~MR/DD~~DD board in fiscal year 1998. If this calculation produces	10149
a negative number, the number reported under division (A)(4) of	10150
this section shall be zero.	10151

(5) Beginning in fiscal year 2007, in the case of the report	10152
submitted for the first full week in February, or the alternative	10153
week if specified by the superintendent of public instruction, the	10154
number of students reported under division (A)(1) or (2) of this	10155
section for the first full week of the preceding October but who	10156
since that week have received high school diplomas.	10157

(B) To enable the department of education to obtain the data	10158
needed to complete the calculation of payments pursuant to this	10159
chapter, in addition to the formula ADM, each superintendent shall	10160
report separately the following student counts for the same week	10161
for which formula ADM is certified:	10162

(1) The total average daily membership in regular day classes	10163
included in the report under division (A)(1) or (2) of this	10164
section for kindergarten, and each of grades one through twelve in	10165
schools under the superintendent's supervision;	10166

(2) The number of all preschool children with disabilities	10167
enrolled as of the first day of December in classes in the	10168
district that are eligible for approval under division (B) of	10169
section 3317.05 of the Revised Code and the number of those	10170
classes, which shall be reported not later than the fifteenth day	10171
of December, in accordance with rules adopted under that section;	10172

(3) The number of children entitled to attend school in the	10173
district pursuant to section 3313.64 or 3313.65 of the Revised	10174
Code who are:	10175

(a) Participating in a pilot project scholarship program	10176
established under sections 3313.974 to 3313.979 of the Revised	10177
Code as described in division (I)(2)(a) or (b) of this section;	10178

(b) Enrolled in a college under Chapter 3365. of the Revised	10179
Code, except when the student is enrolled in the college while	10180
also enrolled in a community school pursuant to Chapter 3314. or a	10181
science, technology, engineering, and mathematics school	10182
established under Chapter 3326. of the Revised Code;	10183

(c) Enrolled in an adjacent or other school district under	10184
section 3313.98 of the Revised Code;	10185

(d) Enrolled in a community school established under Chapter	10186
3314. of the Revised Code that is not an internet- or	10187
computer-based community school as defined in section 3314.02 of	10188
the Revised Code, including any participation in a college	10189
pursuant to Chapter 3365. of the Revised Code while enrolled in	10190
such community school;	10191

(e) Enrolled in an internet- or computer-based community	10192
school, as defined in section 3314.02 of the Revised Code,	10193
including any participation in a college pursuant to Chapter 3365.	10194
of the Revised Code while enrolled in the school;	10195

(f) Enrolled in a chartered nonpublic school with a	10196
scholarship paid under section 3310.08 of the Revised Code;	10197

(g) Enrolled in kindergarten through grade twelve in an	10198
alternative public provider or a registered private provider with	10199
a scholarship awarded under section 3310.41 of the Revised Code;	10200

(h) Enrolled as a preschool child with a disability in an	10201
alternative public provider or a registered private provider with	10202
a scholarship awarded under section 3310.41 of the Revised Code;	10203

(i) Participating in a program operated by a county ~~MR/DD~~DD	10204
board or a state institution;	10205

(j) Enrolled in a science, technology, engineering, and	10206
mathematics school established under Chapter 3326. of the Revised	10207
Code, including any participation in a college pursuant to Chapter	10208
3365. of the Revised Code while enrolled in the school.	10209

(4) The number of pupils enrolled in joint vocational	10210
schools;	10211

(5) The average daily membership of children with	10212
disabilities reported under division (A)(1) or (2) of this	10213
section receiving special education services for the category one	10214
disability described in division (A) of section 3317.013 of the	10215
Revised Code;	10216

(6) The average daily membership of children with	10217
disabilities reported under division (A)(1) or (2) of this	10218
section receiving special education services for category two	10219
disabilities described in division (B) of section 3317.013 of the	10220
Revised Code;	10221

(7) The average daily membership of children with	10222
disabilities reported under division (A)(1) or (2) of this	10223
section receiving special education services for category three	10224
disabilities described in division (C) of section 3317.013 of the	10225
Revised Code;	10226

(8) The average daily membership of children with	10227
disabilities reported under division (A)(1) or (2) of this	10228
section receiving special education services for category four	10229
disabilities described in division (D) of section 3317.013 of the	10230
Revised Code;	10231

(9) The average daily membership of children with	10232
disabilities reported under division (A)(1) or (2) of this	10233
section receiving special education services for the category	10234
five disabilities described in division (E) of section 3317.013	10235
of the Revised Code;	10236

(10) The combined average daily membership of children with	10237
disabilities reported under division (A)(1) or (2) and under	10238
division (B)(3)(h) of this section receiving special education	10239
services for category six disabilities described in division (F)	10240
of section 3317.013 of the Revised Code, including children	10241
attending a special education program operated by an alternative	10242
public provider or a registered private provider with a	10243
scholarship awarded under section 3310.41 of the Revised Code;	10244

(11) The average daily membership of pupils reported under	10245
division (A)(1) or (2) of this section enrolled in category one	10246
vocational education programs or classes, described in division	10247
(A) of section 3317.014 of the Revised Code, operated by the	10248
school district or by another district, other than a joint	10249
vocational school district, or by an educational service center,	10250
excluding any student reported under division (B)(3)(e) of this	10251
section as enrolled in an internet- or computer-based community	10252
school, notwithstanding division (C) of section 3317.02 of the	10253
Revised Code and division (C)(3) of this section;	10254

(12) The average daily membership of pupils reported under	10255
division (A)(1) or (2) of this section enrolled in category two	10256
vocational education programs or services, described in division	10257
(B) of section 3317.014 of the Revised Code, operated by the	10258
school district or another school district, other than a joint	10259
vocational school district, or by an educational service center,	10260
excluding any student reported under division (B)(3)(e) of this	10261
section as enrolled in an internet- or computer-based community	10262
school, notwithstanding division (C) of section 3317.02 of the	10263
Revised Code and division (C)(3) of this section;	10264

(13) The average number of children transported by the school	10265
district on board-owned or contractor-owned and -operated buses,	10266
reported in accordance with rules adopted by the department of	10267
education;	10268

(14)(a) The number of children, other than preschool children	10269
with disabilities, the district placed with a county ~~MR/DD~~DD	10270
board in fiscal year 1998;	10271

(b) The number of children with disabilities, other than	10272
preschool children with disabilities, placed with a county ~~MR/DD~~	10273
DD board in the current fiscal year to receive special education	10274
services for the category one disability described in division	10275
(A) of section 3317.013 of the Revised Code;	10276

(c) The number of children with disabilities, other than	10277
preschool children with disabilities, placed with a county ~~MR/DD~~	10278
DD board in the current fiscal year to receive special education	10279
services for category two disabilities described in division (B)	10280
of section 3317.013 of the Revised Code;	10281

(d) The number of children with disabilities, other than	10282
preschool children with disabilities, placed with a county ~~MR/DD~~	10283
DD board in the current fiscal year to receive special education	10284
services for category three disabilities described in division	10285
(C) of section 3317.013 of the Revised Code;	10286

(e) The number of children with disabilities, other than	10287
preschool children with disabilities, placed with a county ~~MR/DD~~	10288
DD board in the current fiscal year to receive special education	10289
services for category four disabilities described in division (D)	10290
of section 3317.013 of the Revised Code;	10291

(f) The number of children with disabilities, other than	10292
preschool children with disabilities, placed with a county ~~MR/DD~~	10293
DD board in the current fiscal year to receive special education	10294
services for the category five disabilities described in division	10295
(E) of section 3317.013 of the Revised Code;	10296

(g) The number of children with disabilities, other than	10297
preschool children with disabilities, placed with a county ~~MR/DD~~	10298
DD board in the current fiscal year to receive special education	10299
services for category six disabilities described in division (F)	10300
of section 3317.013 of the Revised Code.	10301

(C)(1) Except as otherwise provided in this section for	10302
kindergarten students, the average daily membership in divisions	10303
(B)(1) to (12) of this section shall be based upon the number of	10304
full-time equivalent students. The state board of education shall	10305
adopt rules defining full-time equivalent students and for	10306
determining the average daily membership therefrom for the	10307
purposes of divisions (A), (B), and (D) of this section.	10308

(2) A student enrolled in a community school established	10309
under Chapter 3314. or a science, technology, engineering, and	10310
mathematics school established under Chapter 3326. of the Revised	10311
Code shall be counted in the formula ADM and, if applicable, the	10312
category one, two, three, four, five, or six special education ADM	10313
of the school district in which the student is entitled to attend	10314
school under section 3313.64 or 3313.65 of the Revised Code for	10315
the same proportion of the school year that the student is counted	10316
in the enrollment of the community school or the science,	10317
technology, engineering, and mathematics school for purposes of	10318
section 3314.08 or 3326.33 of the Revised Code. Notwithstanding	10319
the number of students reported pursuant to division (B)(3)(d),	10320
(e), or (j) of this section, the department may adjust the	10321
formula ADM of a school district to account for students entitled	10322
to attend school in the district under section 3313.64 or 3313.65	10323
of the Revised Code who are enrolled in a community school or a	10324
science, technology, engineering, and mathematics school for only	10325
a portion of the school year.	10326

(3) No child shall be counted as more than a total of one	10327
child in the sum of the average daily memberships of a school	10328
district under division (A), divisions (B)(1) to (12), or division	10329
(D) of this section, except as follows:	10330

(a) A child with a disability described in section 3317.013	10331
of the Revised Code may be counted both in formula ADM and in	10332
category one, two, three, four, five, or six special education	10333
ADM and, if applicable, in category one or two vocational	10334
education ADM. As provided in division (C) of section 3317.02 of	10335
the Revised Code, such a child shall be counted in category one,	10336
two, three, four, five, or six special education ADM in the same	10337
proportion that the child is counted in formula ADM.	10338

(b) A child enrolled in vocational education programs or	10339
classes described in section 3317.014 of the Revised Code may be	10340
counted both in formula ADM and category one or two vocational	10341
education ADM and, if applicable, in category one, two, three,	10342
four, five, or six special education ADM. Such a child shall be	10343
counted in category one or two vocational education ADM in the	10344
same proportion as the percentage of time that the child spends in	10345
the vocational education programs or classes.	10346

(4) Based on the information reported under this section, the	10347
department of education shall determine the total student count,	10348
as defined in section 3301.011 of the Revised Code, for each	10349
school district.	10350

(D)(1) The superintendent of each joint vocational school	10351
district shall certify to the superintendent of public instruction	10352
on or before the fifteenth day of October in each year for the	10353
first full school week in October the formula ADM. Beginning in	10354
fiscal year 2007, each superintendent also shall certify to the	10355
state superintendent the formula ADM for the first full week in	10356
February. If a school operated by the joint vocational school	10357
district is closed for one or more days during that week due to	10358
hazardous weather conditions or other circumstances described in	10359
the first paragraph of division (B) of section 3317.01 of the	10360
Revised Code, the superintendent may apply to the superintendent	10361
of public instruction for a waiver, under which the superintendent	10362
of public instruction may exempt the district superintendent from	10363
certifying the formula ADM for that school for that week and	10364
specify an alternate week for certifying the formula ADM of that	10365
school.	10366

The formula ADM, except as otherwise provided in this	10367
division, shall consist of the average daily membership during	10368
such week, on an FTE basis, of the number of students receiving	10369
any educational services from the district, including students	10370
enrolled in a community school established under Chapter 3314. or	10371
a science, technology, engineering, and mathematics school	10372
established under Chapter 3326. of the Revised Code who are	10373
attending the joint vocational district under an agreement	10374
between the district board of education and the governing	10375
authority of the community school or the science, technology,	10376
engineering, and mathematics school and are entitled to attend	10377
school in a city, local, or exempted village school district whose	10378
territory is part of the territory of the joint vocational	10379
district. Beginning in fiscal year 2007, in the case of the	10380
report submitted for the first week in February, or the	10381
alternative week if specified by the superintendent of public	10382
instruction, the superintendent of the joint vocational school	10383
district may include the number of students reported under	10384
division (D)(1) of this section for the first full week of the	10385
preceding October but who since that week have received high	10386
school diplomas.	10387

The following categories of students shall not be included in	10388
the determination made under division (D)(1) of this section:	10389

(a) Students enrolled in adult education classes;

10390

(b) Adjacent or other district joint vocational students	10391
enrolled in the district under an open enrollment policy pursuant	10392
to section 3313.98 of the Revised Code;	10393

(c) Students receiving services in the district pursuant to a	10394
compact, cooperative education agreement, or a contract, but who	10395
are entitled to attend school in a city, local, or exempted	10396
village school district whose territory is not part of the	10397
territory of the joint vocational district;	10398

(d) Students for whom tuition is payable pursuant to sections	10399
3317.081 and 3323.141 of the Revised Code.	10400

(2) To enable the department of education to obtain the data	10401
needed to complete the calculation of payments pursuant to this	10402
chapter, in addition to the formula ADM, each superintendent shall	10403
report separately the average daily membership included in the	10404
report under division (D)(1) of this section for each of the	10405
following categories of students for the same week for which	10406
formula ADM is certified:	10407

(a) Students enrolled in each grade included in the joint	10408
vocational district schools;	10409

(b) Children with disabilities receiving special education	10410
services for the category one disability described in division	10411
(A) of section 3317.013 of the Revised Code;	10412

(c) Children with disabilities receiving special education	10413
services for the category two disabilities described in division	10414
(B) of section 3317.013 of the Revised Code;	10415

(d) Children with disabilities receiving special education	10416
services for category three disabilities described in division (C)	10417
of section 3317.013 of the Revised Code;	10418

(e) Children with disabilities receiving special education	10419
services for category four disabilities described in division (D)	10420
of section 3317.013 of the Revised Code;	10421

(f) Children with disabilities receiving special education	10422
services for the category five disabilities described in division	10423
(E) of section 3317.013 of the Revised Code;	10424

(g) Children with disabilities receiving special education	10425
services for category six disabilities described in division (F)	10426
of section 3317.013 of the Revised Code;	10427

(h) Students receiving category one vocational education	10428
services, described in division (A) of section 3317.014 of the	10429
Revised Code;	10430

(i) Students receiving category two vocational education	10431
services, described in division (B) of section 3317.014 of the	10432
Revised Code.	10433

The superintendent of each joint vocational school district	10434
shall also indicate the city, local, or exempted village school	10435
district in which each joint vocational district pupil is entitled	10436
to attend school pursuant to section 3313.64 or 3313.65 of the	10437
Revised Code.	10438

(E) In each school of each city, local, exempted village,	10439
joint vocational, and cooperative education school district there	10440
shall be maintained a record of school membership, which record	10441
shall accurately show, for each day the school is in session, the	10442
actual membership enrolled in regular day classes. For the purpose	10443
of determining average daily membership, the membership figure of	10444
any school shall not include any pupils except those pupils	10445
described by division (A) of this section. The record of	10446
membership for each school shall be maintained in such manner that	10447
no pupil shall be counted as in membership prior to the actual	10448
date of entry in the school and also in such manner that where for	10449
any cause a pupil permanently withdraws from the school that pupil	10450
shall not be counted as in membership from and after the date of	10451
such withdrawal. There shall not be included in the membership of	10452
any school any of the following:	10453

(1) Any pupil who has graduated from the twelfth grade of a	10454
public or nonpublic high school;	10455

(2) Any pupil who is not a resident of the state;

10456

(3) Any pupil who was enrolled in the schools of the district	10457
during the previous school year when tests were administered under	10458
section 3301.0711 of the Revised Code but did not take one or more	10459
of the tests required by that section and was not excused pursuant	10460
to division (C)(1) or (3) of that section;	10461

(4) Any pupil who has attained the age of twenty-two years,	10462
except for veterans of the armed services whose attendance was	10463
interrupted before completing the recognized twelve-year course of	10464
the public schools by reason of induction or enlistment in the	10465
armed forces and who apply for reenrollment in the public school	10466
system of their residence not later than four years after	10467
termination of war or their honorable discharge.	10468

If, however, any veteran described by division (E)(4) of this	10469
section elects to enroll in special courses organized for veterans	10470
for whom tuition is paid under the provisions of federal laws, or	10471
otherwise, that veteran shall not be included in average daily	10472
membership.	10473

Notwithstanding division (E)(3) of this section, the	10474
membership of any school may include a pupil who did not take a	10475
test required by section 3301.0711 of the Revised Code if the	10476
superintendent of public instruction grants a waiver from the	10477
requirement to take the test to the specific pupil and a parent is	10478
not paying tuition for the pupil pursuant to section 3313.6410 of	10479
the Revised Code. The superintendent may grant such a waiver only	10480
for good cause in accordance with rules adopted by the state board	10481
of education.	10482

Except as provided in divisions (B)(2) and (F) of this	10483
section, the average daily membership figure of any local, city,	10484
exempted village, or joint vocational school district shall be	10485
determined by dividing the figure representing the sum of the	10486
number of pupils enrolled during each day the school of attendance	10487
is actually open for instruction during the week for which the	10488
formula ADM is being certified by the total number of days the	10489
school was actually open for instruction during that week. For	10490
purposes of state funding, "enrolled" persons are only those	10491
pupils who are attending school, those who have attended school	10492
during the current school year and are absent for authorized	10493
reasons, and those children with disabilities currently receiving	10494
home instruction.	10495

The average daily membership figure of any cooperative	10496
education school district shall be determined in accordance with	10497
rules adopted by the state board of education.	10498

(F)(1) If the formula ADM for the first full school week in	10499
February is at least three per cent greater than that certified	10500
for the first full school week in the preceding October, the	10501
superintendent of schools of any city, exempted village, or joint	10502
vocational school district or educational service center shall	10503
certify such increase to the superintendent of public instruction.	10504
Such certification shall be submitted no later than the fifteenth	10505
day of February. For the balance of the fiscal year, beginning	10506
with the February payments, the superintendent of public	10507
instruction shall use the increased formula ADM in calculating or	10508
recalculating the amounts to be allocated in accordance with	10509
section 3317.022 or 3317.16 of the Revised Code. In no event shall	10510
the superintendent use an increased membership certified to the	10511
superintendent after the fifteenth day of February. Division	10512
(F)(1) of this section does not apply after fiscal year 2006.	10513

(2) If on the first school day of April the total number of	10514
classes or units for preschool children with disabilities that	10515
are eligible for approval under division (B) of section 3317.05	10516
of the Revised Code exceeds the number of units that have been	10517
approved for the year under that division, the superintendent of	10518
schools of any city, exempted village, or cooperative education	10519
school district or educational service center shall make the	10520
certifications required by this section for that day. If the	10521
department determines additional units can be approved for the	10522
fiscal year within any limitations set forth in the acts	10523
appropriating moneys for the funding of such units, the	10524
department shall approve additional units for the fiscal year on	10525
the basis of such average daily membership. For each unit so	10526
approved, the department shall pay an amount computed in the	10527
manner prescribed in section 3317.052 or 3317.19 and section	10528
3317.053 of the Revised Code.	10529

(3) If a student attending a community school under Chapter	10530
3314. or a science, technology, engineering, and mathematics	10531
school established under Chapter 3326. of the Revised Code is not	10532
included in the formula ADM certified for the school district in	10533
which the student is entitled to attend school under section	10534
3313.64 or 3313.65 of the Revised Code, the department of	10535
education shall adjust the formula ADM of that school district to	10536
include the student in accordance with division (C)(2) of this	10537
section, and shall recalculate the school district's payments	10538
under this chapter for the entire fiscal year on the basis of	10539
that adjusted formula ADM. This requirement applies regardless of	10540
whether the student was enrolled, as defined in division (E) of	10541
this section, in the community school or the science,	10542
technology, engineering, and mathematics school during the week	10543
for which the formula ADM is being certified.	10544

(4) If a student awarded an educational choice scholarship is	10545
not included in the formula ADM of the school district from which	10546
the department deducts funds for the scholarship under section	10547
3310.08 of the Revised Code, the department shall adjust the	10548
formula ADM of that school district to include the student to the	10549
extent necessary to account for the deduction, and shall	10550
recalculate the school district's payments under this chapter for	10551
the entire fiscal year on the basis of that adjusted formula ADM.	10552
This requirement applies regardless of whether the student was	10553
enrolled, as defined in division (E) of this section, in the	10554
chartered nonpublic school, the school district, or a community	10555
school during the week for which the formula ADM is being	10556
certified.	10557

(G)(1)(a) The superintendent of an institution operating a	10558
special education program pursuant to section 3323.091 of the	10559
Revised Code shall, for the programs under such superintendent's	10560
supervision, certify to the state board of education, in the	10561
manner prescribed by the superintendent of public instruction,	10562
both of the following:	10563

(i) The average daily membership of all children with	10564
disabilities other than preschool children with disabilities	10565
receiving services at the institution for each category of	10566
disability described in divisions (A) to (F) of section 3317.013	10567
of the Revised Code;	10568

(ii) The average daily membership of all preschool children	10569
with disabilities in classes or programs approved annually by the	10570
department of education for unit funding under section 3317.05 of	10571
the Revised Code.	10572

(b) The superintendent of an institution with vocational	10573
education units approved under division (A) of section 3317.05 of	10574
the Revised Code shall, for the units under the superintendent's	10575
supervision, certify to the state board of education the average	10576
daily membership in those units, in the manner prescribed by the	10577
superintendent of public instruction.	10578

(2) The superintendent of each county ~~MR/DD~~DD board that	10579
maintains special education classes under section 3317.20 of the	10580
Revised Code or units approved pursuant to section 3317.05 of the	10581
Revised Code shall do both of the following:	10582

(a) Certify to the state board, in the manner prescribed by	10583
the board, the average daily membership in classes under section	10584
3317.20 of the Revised Code for each school district that has	10585
placed children in the classes;	10586

(b) Certify to the state board, in the manner prescribed by	10587
the board, the number of all preschool children with disabilities	10588
enrolled as of the first day of December in classes eligible for	10589
approval under division (B) of section 3317.05 of the Revised	10590
Code, and the number of those classes.	10591

(3)(a) If on the first school day of April the number of	10592
classes or units maintained for preschool children with	10593
disabilities by the county ~~MR/DD~~DD board that are eligible for	10594
approval under division (B) of section 3317.05 of the Revised Code	10595
is greater than the number of units approved for the year under	10596
that division, the superintendent shall make the certification	10597
required by this section for that day.	10598

(b) If the department determines that additional classes or	10599
units can be approved for the fiscal year within any limitations	10600
set forth in the acts appropriating moneys for the funding of the	10601
classes and units described in division (G)(3)(a) of this section,	10602
the department shall approve and fund additional units for the	10603
fiscal year on the basis of such average daily membership. For	10604
each unit so approved, the department shall pay an amount computed	10605
in the manner prescribed in sections 3317.052 and 3317.053 of the	10606
Revised Code.	10607

(H) Except as provided in division (I) of this section, when	10608
any city, local, or exempted village school district provides	10609
instruction for a nonresident pupil whose attendance is	10610
unauthorized attendance as defined in section 3327.06 of the	10611
Revised Code, that pupil's membership shall not be included in	10612
that district's membership figure used in the calculation of that	10613
district's formula ADM or included in the determination of any	10614
unit approved for the district under section 3317.05 of the	10615
Revised Code. The reporting official shall report separately the	10616
average daily membership of all pupils whose attendance in the	10617
district is unauthorized attendance, and the membership of each	10618
such pupil shall be credited to the school district in which the	10619
pupil is entitled to attend school under division (B) of section	10620
3313.64 or section 3313.65 of the Revised Code as determined by	10621
the department of education.	10622

(I)(1) A city, local, exempted village, or joint vocational	10623
school district admitting a scholarship student of a pilot project	10624
district pursuant to division (C) of section 3313.976 of the	10625
Revised Code may count such student in its average daily	10626
membership.	10627

(2) In any year for which funds are appropriated for pilot	10628
project scholarship programs, a school district implementing a	10629
state-sponsored pilot project scholarship program that year	10630
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	10631
count in average daily membership:	10632

(a) All children residing in the district and utilizing a	10633
scholarship to attend kindergarten in any alternative school, as	10634
defined in section 3313.974 of the Revised Code;	10635

(b) All children who were enrolled in the district in the	10636
preceding year who are utilizing a scholarship to attend any such	10637
alternative school.	10638

(J) The superintendent of each cooperative education school	10639
district shall certify to the superintendent of public	10640
instruction, in a manner prescribed by the state board of	10641
education, the applicable average daily memberships for all	10642
students in the cooperative education district, also indicating	10643
the city, local, or exempted village district where each pupil is	10644
entitled to attend school under section 3313.64 or 3313.65 of the	10645
Revised Code.	10646

(K) If the superintendent of public instruction determines	10647
that a component of the formula ADM certified or reported by a	10648
district superintendent, or other reporting entity, is not	10649
correct, the superintendent of public instruction may order that	10650
the formula ADM used for the purposes of payments under any	10651
section of Title XXXIII of the Revised Code be adjusted in the	10652
amount of the error.	10653

Sec. 3317.032. (A) Each city, local, exempted village, and	10654
cooperative education school district, each educational service	10655
center, each county ~~MR/DD~~DD board, and each institution operating	10656
a special education program pursuant to section 3323.091 of the	10657
Revised Code shall, in accordance with procedures adopted by the	10658
state board of education, maintain a record of district membership	10659
of both of the following:	10660

(1) All preschool children with disabilities in units	10661
approved under division (B) of section 3317.05 of the Revised	10662
Code;	10663

(2) All preschool children with disabilities who are not in	10664
units approved under division (B) of section 3317.05 of the	10665
Revised Code but who are otherwise served by a special education	10666
program.	10667

(B) The superintendent of each district, board, or	10668
institution subject to division (A) of this section shall certify	10669
to the state board of education, in accordance with procedures	10670
adopted by that board, membership figures of all preschool	10671
children with disabilities whose membership is maintained under	10672
division (A)(2) of this section. The figures certified under this	10673
division shall be used in the determination of the ADM used to	10674
compute funds for educational service center governing boards	10675
under section 3317.11 of the Revised Code.	10676

Sec. 3317.05. (A) For the purpose of calculating payments	10677
under sections 3317.052 and 3317.053 of the Revised Code, the	10678
department of education shall determine for each institution, by	10679
the last day of January of each year and based on information	10680
certified under section 3317.03 of the Revised Code, the number of	10681
vocational education units or fractions of units approved by the	10682
department on the basis of standards and rules adopted by the	10683
state board of education. As used in this division, "institution"	10684
means an institution operated by a department specified in section	10685
3323.091 of the Revised Code and that provides vocational	10686
education programs under the supervision of the division of	10687
vocational education of the department that meet the standards	10688
and rules for these programs, including licensure of professional	10689
staff involved in the programs, as established by the state	10690
board.	10691

(B) For the purpose of calculating payments under sections	10692
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	10693
department shall determine, based on information certified under	10694
section 3317.03 of the Revised Code, the following by the last day	10695
of January of each year for each educational service center, for	10696
each school district, including each cooperative education school	10697
district, for each institution eligible for payment under section	10698
3323.091 of the Revised Code, and for each county ~~MR/DD~~DD board:	10699
the number of classes operated by the school district, service	10700
center, institution, or county ~~MR/DD~~DD board for preschool	10701
children with disabilities, or fraction thereof, including in the	10702
case of a district or service center that is a funding agent,	10703
classes taught by a licensed teacher employed by that district or	10704
service center under section 3313.841 of the Revised Code,	10705
approved annually by the department on the basis of standards and	10706
rules adopted by the state board.	10707

(C) For the purpose of calculating payments under sections	10708
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	10709
department shall determine, based on information certified under	10710
section 3317.03 of the Revised Code, the following by the last day	10711
of January of each year for each school district, including each	10712
cooperative education school district, for each institution	10713
eligible for payment under section 3323.091 of the Revised Code,	10714
and for each county ~~MR/DD~~DD board: the number of units for	10715
related services, as defined in section 3323.01 of the Revised	10716
Code, for preschool children with disabilities approved annually	10717
by the department on the basis of standards and rules adopted by	10718
the state board.	10719

(D) All of the arithmetical calculations made under this	10720
section shall be carried to the second decimal place. The total	10721
number of units for school districts, service centers, and	10722
institutions approved annually under this section shall not exceed	10723
the number of units included in the estimate of cost for these	10724
units and appropriations made for them by the general assembly.	10725

In the case of units for preschool children with	10726
disabilities described in division (B) of this section, the	10727
department shall approve only preschool units for children who	10728
are under age six on the thirtieth day of September of the	10729
academic year, or on the first day of August of the academic year	10730
if the school district in which the child is enrolled has adopted	10731
a resolution under division (A)(3) of section 3321.01 of the	10732
Revised Code, but not less than age three on the first day of	10733
December of the academic year, except that such a unit may	10734
include one or more children who are under age three or are age	10735
six or over on the applicable date, as reported under division	10736
(B)(2) or (G)(2)(b) of section 3317.03 of the Revised Code, if	10737
such children have been admitted to the unit pursuant to rules of	10738
the state board. The number of units for county ~~MR/DD~~DD boards	10739
and institutions eligible for payment under section 3323.091 of	10740
the Revised Code approved under this section shall not exceed	10741
the number that can be funded with appropriations made for such	10742
purposes by the general assembly.	10743

No unit shall be approved under divisions (B) and (C) of this	10744
section unless a plan has been submitted and approved under	10745
Chapter 3323. of the Revised Code.	10746

(E) The department shall approve units or fractions thereof	10747
for gifted children on the basis of standards and rules adopted by	10748
the state board.	10749

Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 and	10750
3317.11 of the Revised Code, a unit funded pursuant to division	10751
(L) of section 3317.024 or division (A)(2) of section 3317.052 of	10752
the Revised Code shall not be approved for state funding in one	10753
school district, including any cooperative education school	10754
district or any educational service center, to the extent that	10755
such unit provides programs in or services to another district	10756
which receives payment pursuant to section 3317.04 of the Revised	10757
Code.	10758

(2) Any city, local, exempted village, or cooperative	10759
education school district or any educational service center may	10760
combine partial unit eligibility for programs for preschool	10761
children with disabilities pursuant to section 3317.05 of the	10762
Revised Code, and such combined partial units may be approved for	10763
state funding in one school district or service center.	10764

(B) After units have been initially approved for any fiscal	10765
year under section 3317.05 of the Revised Code, no unit shall be	10766
subsequently transferred from a school district or educational	10767
service center to another city, exempted village, local, or	10768
cooperative education school district or educational service	10769
center or to an institution or county ~~MR/DD~~DD board solely for	10770
the purpose of reducing the financial obligations of the school	10771
district in a fiscal year it receives payment pursuant to section	10772
3317.04 of the Revised Code.	10773

Sec. 3317.052. As used in this section, "institution" means	10774
an institution operated by a department specified in division (A)	10775
of section 3323.091 of the Revised Code.	10776

(A)(1) The department of education shall pay each school	10777
district, educational service center, institution eligible for	10778
payment under section 3323.091 of the Revised Code, or county	10779
~~MR/DD~~DD board an amount for the total of all classroom units for	10780
preschool children with disabilities approved under division (B)	10781
of section 3317.05 of the Revised Code. For each unit, the amount	10782
shall be the sum of the minimum salary for the teacher of the	10783
unit, calculated on the basis of the teacher's training level and	10784
years of experience pursuant to the salary schedule prescribed in	10785
the version of section 3317.13 of the Revised Code in effect prior	10786
to July 1, 2001, plus fifteen per cent of that minimum salary	10787
amount, and eight thousand twenty-three dollars.	10788

(2) The department shall pay each school district,	10789
educational service center, institution eligible for payment under	10790
section 3323.091 of the Revised Code, or county ~~MR/DD~~DD board an	10791
amount for the total of all related services units for preschool	10792
children with disabilities approved under division (C) of section	10793
3317.05 of the Revised Code. For each such unit, the amount shall	10794
be the sum of the minimum salary for the teacher of the unit	10795
calculated on the basis of the teacher's training level and years	10796
of experience pursuant to the salary schedule prescribed in the	10797
version of section 3317.13 of the Revised Code in effect prior to	10798
July 1, 2001, fifteen per cent of that minimum salary amount, and	10799
two thousand one hundred thirty-two dollars.	10800

(B) If a school district, educational service center, or	10801
county ~~MR/DD~~DD board has had additional units for preschool	10802
children with disabilities approved for the year under division	10803
(F)(2) or (G)(3) of section 3317.03 of the Revised Code, the	10804
district, educational service center, or board shall receive an	10805
additional amount during the last half of the fiscal year. For	10806
each district, center, or board, the additional amount for each	10807
unit shall equal fifty per cent of the amounts computed for the	10808
unit in the manner prescribed by division (A) of this section	10809
and division (C) of section 3317.053 of the Revised Code.	10810

(C) The department shall pay each institution approved for	10811
vocational education units under division (A) of section 3317.05	10812
of the Revised Code an amount for the total of all the units	10813
approved under that division. The amount for each unit shall be	10814
the sum of the minimum salary for the teacher of the unit,	10815
calculated on the basis of the teacher's training level and years	10816
of experience pursuant to the salary schedule prescribed in the	10817
version of section 3317.13 of the Revised Code in effect prior to	10818
July 1, 2001, plus fifteen per cent of that minimum salary amount,	10819
and nine thousand five hundred ten dollars. Each institution that	10820
receives units funds under this division annually shall report to	10821
the department on the delivery of services and the performance of	10822
students and any other information required by the department to	10823
evaluate the institution's vocational education program.	10824

Sec. 3317.07. The state board of education shall establish	10825
rules for the purpose of distributing subsidies for the purchase	10826
of school buses under division (D) of section 3317.024 of the	10827
Revised Code.	10828

No school bus subsidy payments shall be paid to any district	10829
unless such district can demonstrate that pupils residing more	10830
than one mile from the school could not be transported without	10831
such additional aid.	10832

The amount paid to a county ~~MR/DD~~DD board for buses	10833
purchased for transportation of children in special education	10834
programs operated by the board shall be based on a per pupil	10835
allocation for eligible students.	10836

The amount paid to a school district for buses purchased for	10837
transportation of pupils with disabilities and nonpublic school	10838
pupils shall be determined by a per pupil allocation based on the	10839
number of special education and nonpublic school pupils for whom	10840
transportation is provided.	10841

The state board of education shall adopt a formula to	10842
determine the amount of payments that shall be distributed to	10843
school districts to purchase school buses for pupils other than	10844
pupils with disabilities or nonpublic school pupils.	10845

If any district or ~~MR/DD~~county DD board obtains bus services	10846
for pupil transportation pursuant to a contract, such district or	10847
board may use payments received under this section to defray the	10848
costs of contracting for bus services in lieu of for purchasing	10849
buses.	10850

If the department of education determines that a county ~~MR/DD~~	10851
DD board no longer needs a school bus because the board no longer	10852
transports children to a special education program operated by the	10853
board, or if the department determines that a school district no	10854
longer needs a school bus to transport pupils to a nonpublic	10855
school or special education program, the department may reassign a	10856
bus that was funded with payments provided pursuant to this	10857
section for the purpose of transporting such pupils. The	10858
department may reassign a bus to a county ~~MR/DD~~DD board or school	10859
district that transports children to a special education program	10860
designated in the children's individualized education plans, or to	10861
a school district that transports pupils to a nonpublic school,	10862
and needs an additional school bus.	10863

Sec. 3317.15. (A) As used in this section, "child with a	10864
disability" has the same meaning as in section 3323.01 of the	10865
Revised Code.	10866

(B) Each city, exempted village, local, and joint vocational	10867
school district shall continue to comply with all requirements of	10868
federal statutes and regulations, the Revised Code, and rules	10869
adopted by the state board of education governing education of	10870
children with disabilities, including, but not limited to,	10871
requirements that children with disabilities be served by	10872
appropriately licensed or certificated education personnel.	10873

(C) Each city, exempted village, local, and joint vocational	10874
school district shall consult with the educational service center	10875
serving the county in which the school district is located and, if	10876
it elects to participate pursuant to section 5126.04 of the	10877
Revised Code, the county ~~MR/DD~~DD board of that county, in	10878
providing services that serve the best interests of children	10879
with disabilities.	10880

(D) Each school district shall annually provide documentation	10881
to the department of education that it employs the appropriate	10882
number of licensed or certificated personnel to serve the	10883
district's students with disabilities.	10884

(E) The department annually shall audit a sample of school	10885
districts to ensure that children with disabilities are being	10886
appropriately reported.	10887

(F) Each school district shall provide speech-language	10888
pathology services at a ratio of one speech-language pathologist	10889
per two thousand students receiving any educational services from	10890
the district other than adult education. Each district shall	10891
provide school psychological services at a ratio of one school	10892
psychologist per two thousand five hundred students receiving any	10893
educational services from the district other than adult education.	10894
A district may obtain the services of speech-language pathologists	10895
and school psychologists by any means permitted by law, including	10896
contracting with an educational service center. If, however, a	10897
district is unable to obtain the services of the required number	10898
of speech-language pathologists or school psychologists, the	10899
district may request from the superintendent of public	10900
instruction, and the superintendent may grant, a waiver of this	10901
provision for a period of time established by the superintendent.	10902

Sec. 3317.20. This section does not apply to preschool	10903
children with disabilities.	10904

(A) As used in this section:

10905

(1) "Applicable weight" means the multiple specified in	10906
section 3317.013 of the Revised Code for a disability described in	10907
that section.	10908

(2) "Child's school district" means the school district in	10909
which a child is entitled to attend school pursuant to section	10910
3313.64 or 3313.65 of the Revised Code.	10911

(3) "State share percentage" means the state share percentage	10912
of the child's school district as defined in section 3317.022 of	10913
the Revised Code.	10914

(B) Except as provided in division (C) of this section, the	10915
department shall annually pay each county ~~MR/DD~~DD board for each	10916
child with a disability, other than a preschool child with a	10917
disability, for whom the county ~~MR/DD~~DD board provides special	10918
education and related services an amount equal to the formula	10919
amount + (state share percentage X formula amount X the	10920
applicable weight).	10921

(C) If any school district places with a county ~~MR/DD~~DD	10922
board more children with disabilities than it had placed with a	10923
county ~~MR/DD~~DD board in fiscal year 1998, the department shall	10924
not make a payment under division (B) of this section for the	10925
number of children exceeding the number placed in fiscal year	10926
1998. The department instead shall deduct from the district's	10927
payments under this chapter, and pay to the county ~~MR/DD~~DD board,	10928
an amount calculated in accordance with the formula prescribed in	10929
division (B) of this section for each child over the number of	10930
children placed in fiscal year 1998.	10931

(D) The department shall calculate for each county ~~MR/DD~~DD	10932
board receiving payments under divisions (B) and (C) of this	10933
section the following amounts:	10934

(1) The amount received by the county ~~MR/DD~~DD board for	10935
approved special education and related services units, other than	10936
units for preschool children with disabilities, in fiscal year	10937
1998, divided by the total number of children served in the units	10938
that year;	10939

(2) The product of the quotient calculated under division	10940
(D)(1) of this section times the number of children for whom	10941
payments are made under divisions (B) and (C) of this section.	10942

If the amount calculated under division (D)(2) of this	10943
section is greater than the total amount calculated under	10944
divisions (B) and (C) of this section, the department shall pay	10945
the county ~~MR/DD~~DD board one hundred per cent of the difference	10946
in addition to the payments under divisions (B) and (C) of this	10947
section.	10948

(E) Each county ~~MR/DD~~DD board shall report to the	10949
department, in the manner specified by the department, the name	10950
of each child for whom the county ~~MR/DD~~DD board provides special	10951
education and related services and the child's school district.	10952

(F)(1) For the purpose of verifying the accuracy of the	10953
payments under this section, the department may request from	10954
either of the following entities the data verification code	10955
assigned under division (D)(2) of section 3301.0714 of the Revised	10956
Code to any child who is placed with a county ~~MR/DD~~DD board:	10957

(a) The child's school district;

10958

(b) The independent contractor engaged to create and maintain	10959
data verification codes.	10960

(2) Upon a request by the department under division (F)(1) of	10961
this section for the data verification code of a child, the	10962
child's school district shall submit that code to the department	10963
in the manner specified by the department. If the child has not	10964
been assigned a code, the district shall assign a code to that	10965
child and submit the code to the department by a date specified by	10966
the department. If the district does not assign a code to the	10967
child by the specified date, the department shall assign a code to	10968
the child.	10969

The department annually shall submit to each school district	10970
the name and data verification code of each child residing in the	10971
district for whom the department has assigned a code under this	10972
division.	10973

(3) The department shall not release any data verification	10974
code that it receives under division (F) of this section to any	10975
person except as provided by law.	10976

(G) Any document relative to special education and related	10977
services provided by a county ~~MR/DD~~DD board that the department	10978
holds in its files that contains both a student's name or other	10979
personally identifiable information and the student's data	10980
verification code shall not be a public record under section	10981
149.43 of the Revised Code.	10982

Sec. 3319.22. (A)(1) The state board of education shall	10983
adopt rules establishing the standards and requirements for	10984
obtaining temporary, associate, provisional, and professional	10985
educator licenses of any categories, types, and levels the board	10986
elects to provide. However, no educator license shall be required	10987
for teaching children two years old or younger.	10988

(2) If the state board requires any examinations for educator	10989
licensure, the department of education shall provide the results	10990
of such examinations received by the department to the Ohio board	10991
of regents, in the manner and to the extent permitted by state and	10992
federal law.	10993

(B) Any rules the state board of education adopts, amends, or	10994
rescinds for educator licenses under this section, division (D) of	10995
section 3301.07 of the Revised Code, or any other law shall be	10996
adopted, amended, or rescinded under Chapter 119. of the Revised	10997
Code except as follows:	10998

(1) Notwithstanding division (D) of section 119.03 and	10999
division (A)(1) of section 119.04 of the Revised Code, in the case	11000
of the adoption of any rule or the amendment or rescission of any	11001
rule that necessitates institutions' offering teacher preparation	11002
programs that are approved by the state board of education under	11003
section 3319.23 of the Revised Code to revise the curriculum of	11004
those programs, the effective date shall not be as prescribed in	11005
division (D) of section 119.03 and division (A)(1) of section	11006
119.04 of the Revised Code. Instead, the effective date of such	11007
rules, or the amendment or rescission of such rules, shall be the	11008
date prescribed by section 3319.23 of the Revised Code.	11009

(2) Notwithstanding the authority to adopt, amend, or rescind	11010
emergency rules in division (F) of section 119.03 of the Revised	11011
Code, this authority shall not apply to the state board of	11012
education with regard to rules for educator licenses.	11013

(C)(1) The rules adopted under this section establishing	11014
standards requiring additional coursework for the renewal of any	11015
educator license shall require a school district and a chartered	11016
nonpublic school to establish local professional development	11017
committees. In a nonpublic school, the chief administrative	11018
officer shall establish the committees in any manner acceptable to	11019
such officer. The committees established under this division shall	11020
determine whether coursework that a district or chartered	11021
nonpublic school teacher proposes to complete meets the	11022
requirement of the rules. The department of education shall	11023
provide technical assistance and support to committees as the	11024
committees incorporate the professional development standards	11025
adopted by the state board of education pursuant to section	11026
3319.61 of the Revised Code into their review of coursework that	11027
is appropriate for license renewal. The rules shall establish a	11028
procedure by which a teacher may appeal the decision of a local	11029
professional development committee.	11030

(2) In any school district in which there is no exclusive	11031
representative established under Chapter 4117. of the Revised	11032
Code, the professional development committees shall be established	11033
as described in division (C)(2) of this section.	11034

Not later than the effective date of the rules adopted under	11035
this section, the board of education of each school district shall	11036
establish the structure for one or more local professional	11037
development committees to be operated by such school district. The	11038
committee structure so established by a district board shall	11039
remain in effect unless within thirty days prior to an anniversary	11040
of the date upon which the current committee structure was	11041
established, the board provides notice to all affected district	11042
employees that the committee structure is to be modified.	11043
Professional development committees may have a district-level or	11044
building-level scope of operations, and may be established with	11045
regard to particular grade or age levels for which an educator	11046
license is designated.	11047

Each professional development committee shall consist of at	11048
least three classroom teachers employed by the district, one	11049
principal employed by the district, and one other employee of the	11050
district appointed by the district superintendent. For committees	11051
with a building-level scope, the teacher and principal members	11052
shall be assigned to that building, and the teacher members shall	11053
be elected by majority vote of the classroom teachers assigned to	11054
that building. For committees with a district-level scope, the	11055
teacher members shall be elected by majority vote of the classroom	11056
teachers of the district, and the principal member shall be	11057
elected by a majority vote of the principals of the district,	11058
unless there are two or fewer principals employed by the district,	11059
in which case the one or two principals employed shall serve on	11060
the committee. If a committee has a particular grade or age level	11061
scope, the teacher members shall be licensed to teach such grade	11062
or age levels, and shall be elected by majority vote of the	11063
classroom teachers holding such a license and the principal shall	11064
be elected by all principals serving in buildings where any such	11065
teachers serve. The district superintendent shall appoint a	11066
replacement to fill any vacancy that occurs on a professional	11067
development committee, except in the case of vacancies among the	11068
elected classroom teacher members, which shall be filled by vote	11069
of the remaining members of the committee so selected.	11070

Terms of office on professional development committees shall	11071
be prescribed by the district board establishing the committees.	11072
The conduct of elections for members of professional development	11073
committees shall be prescribed by the district board establishing	11074
the committees. A professional development committee may include	11075
additional members, except that the majority of members on each	11076
such committee shall be classroom teachers employed by the	11077
district. Any member appointed to fill a vacancy occurring prior	11078
to the expiration date of the term for which a predecessor was	11079
appointed shall hold office as a member for the remainder of that	11080
term.	11081

The initial meeting of any professional development	11082
committee, upon election and appointment of all committee members,	11083
shall be called by a member designated by the district	11084
superintendent. At this initial meeting, the committee shall	11085
select a chairperson and such other officers the committee deems	11086
necessary, and shall adopt rules for the conduct of its meetings.	11087
Thereafter, the committee shall meet at the call of the	11088
chairperson or upon the filing of a petition with the district	11089
superintendent signed by a majority of the committee members	11090
calling for the committee to meet.	11091

(3) In the case of a school district in which an exclusive	11092
representative has been established pursuant to Chapter 4117. of	11093
the Revised Code, professional development committees shall be	11094
established in accordance with any collective bargaining agreement	11095
in effect in the district that includes provisions for such	11096
committees.	11097

If the collective bargaining agreement does not specify a	11098
different method for the selection of teacher members of the	11099
committees, the exclusive representative of the district's	11100
teachers shall select the teacher members.	11101

If the collective bargaining agreement does not specify a	11102
different structure for the committees, the board of education of	11103
the school district shall establish the structure, including the	11104
number of committees and the number of teacher and administrative	11105
members on each committee; the specific administrative members to	11106
be part of each committee; whether the scope of the committees	11107
will be district levels, building levels, or by type of grade or	11108
age levels for which educator licenses are designated; the lengths	11109
of terms for members; the manner of filling vacancies on the	11110
committees; and the frequency and time and place of meetings.	11111
However, in all cases, except as provided in division (C)(4) of	11112
this section, there shall be a majority of teacher members of any	11113
professional development committee, there shall be at least five	11114
total members of any professional development committee, and the	11115
exclusive representative shall designate replacement members in	11116
the case of vacancies among teacher members, unless the collective	11117
bargaining agreement specifies a different method of selecting	11118
such replacements.	11119

(4) Whenever an administrator's coursework plan is being	11120
discussed or voted upon, the local professional development	11121
committee shall, at the request of one of its administrative	11122
members, cause a majority of the committee to consist of	11123
administrative members by reducing the number of teacher members	11124
voting on the plan.	11125

(D)(1) The department of education, educational service	11126
centers, county boards of ~~mental retardation and~~ developmental	11127
disabilities, regional professional development centers, special	11128
education regional resource centers, college and university	11129
departments of education, head start programs, the eTech Ohio	11130
commission, and the Ohio education computer network may establish	11131
local professional development committees to determine whether the	11132
coursework proposed by their employees who are licensed or	11133
certificated under this section or section 3319.222 of the Revised	11134
Code meet the requirements of the rules adopted under this	11135
section. They may establish local professional development	11136
committees on their own or in collaboration with a school district	11137
or other agency having authority to establish them.	11138

Local professional development committees established by	11139
county boards of ~~mental retardation and~~ developmental disabilities	11140
shall be structured in a manner comparable to the structures	11141
prescribed for school districts in divisions (C)(2) and (3) of	11142
this section, as shall the committees established by any other	11143
entity specified in division (D)(1) of this section that provides	11144
educational services by employing or contracting for services of	11145
classroom teachers licensed or certificated under this section or	11146
section 3319.222 of the Revised Code. All other entities specified	11147
in division (D)(1) of this section shall structure their	11148
committees in accordance with guidelines which shall be issued by	11149
the state board.	11150

(2) Any public agency that is not specified in division	11151
(D)(1) of this section but provides educational services and	11152
employs or contracts for services of classroom teachers licensed	11153
or certificated under this section or section 3319.222 of the	11154
Revised Code may establish a local professional development	11155
committee, subject to the approval of the department of education.	11156
The committee shall be structured in accordance with guidelines	11157
issued by the state board.	11158

Sec. 3319.99. (A) Whoever violates division (A) of section	11159
3319.151 of the Revised Code is guilty of a minor misdemeanor.	11160

(B) Whoever violates division (H)(1) of section 3319.311 of	11161
the Revised Code is guilty of a misdemeanor of the first degree.	11162

(C) Whoever violates division (F) of section 3319.313 of the	11163
Revised Code shall be punished as follows:	11164

(1) Except as otherwise provided in division (C)(2) of this	11165
section, the person is guilty of a misdemeanor of the fourth	11166
degree.	11167

(2) The person is guilty of a misdemeanor of the first degree	11168
if both of the following conditions apply:	11169

(a) The employee who is the subject of the report that the	11170
person fails to submit was required to be reported for the	11171
commission or alleged commission of an act or offense involving	11172
the infliction on a child of any physical or mental wound, injury,	11173
disability, or condition of a nature that constitutes abuse or	11174
neglect of the child;	11175

(b) During the period between the violation of division (F)	11176
of section 3319.313 of the Revised Code and the conviction of or	11177
plea of guilty by the person for that violation, the employee who	11178
is the subject of the report that the person fails to submit	11179
inflicts on any child attending a school district, educational	11180
service center, public or nonpublic school, or county board of	11181
~~mental retardation and~~ developmental disabilities where the	11182
employee works any physical or mental wound, injury, disability,	11183
or condition of a nature that constitutes abuse or neglect of the	11184
child.	11185

(D) Whoever violates division (B) or (D) of section 3319.317	11186
of the Revised Code is guilty of a misdemeanor of the first	11187
degree.	11188

Sec. 3323.01. As used in this chapter:

11189

(A) "Child with a disability" means a child who is at least	11190
three years of age and less than twenty-two years of age; who has	11191
mental retardation, a hearing impairment (including deafness), a	11192
speech or language impairment, a visual impairment (including	11193
blindness), a serious emotional disturbance, an orthopedic	11194
impairment, autism, traumatic brain injury, an other health	11195
impairment, a specific learning disability, deaf-blindness, or	11196
multiple disabilities; and who, by reason thereof, needs special	11197
education and related services.	11198

A "child with a disability" may include a child who is at	11199
least three years of age and less than six years of age; who is	11200
experiencing developmental delays, as defined by standards adopted	11201
by the state board of education and as measured by appropriate	11202
diagnostic instruments and procedures in one or more of the	11203
following areas: physical development, cognitive development,	11204
communication development, social or emotional development, or	11205
adaptive development; and who, by reason thereof, needs special	11206
education and related services.	11207

(B) "County ~~MR/DD~~DD board" means a county board of ~~mental~~	11208
~~retardation and~~ developmental disabilities.	11209

(C) "Free appropriate public education" means special	11210
education and related services that meet all of the following:	11211

(1) Are provided at public expense, under public supervision	11212
and direction, and without charge;	11213

(2) Meet the standards of the state board of education;

11214

(3) Include an appropriate preschool, elementary, or	11215
secondary education as otherwise provided by the law of this	11216
state;	11217

(4) Are provided for each child with a disability in	11218
conformity with the child's individualized education program.	11219

(D) "Homeless children" means "homeless children and youths"	11220
as defined in section 725 of the "McKinney-Vento Homeless	11221
Assistance Act," 42 U.S.C. 11434a.	11222

(E) "Individualized education program" or "IEP" means the	11223
written statement described in section 3323.011 of the Revised	11224
Code.	11225

(F) "Individualized education program team" or "IEP team"	11226
means a group of individuals composed of:	11227

(1) The parents of a child with a disability;

11228

(2) At least one regular education teacher of the child, if	11229
the child is or may be participating in the regular education	11230
environment;	11231

(3) At least one special education teacher, or where	11232
appropriate, at least one special education provider of the child;	11233

(4) A representative of the school district who meets all of	11234
the following:	11235

(a) Is qualified to provide, or supervise the provision of,	11236
specially designed instruction to meet the unique needs of	11237
children with disabilities;	11238

(b) Is knowledgeable about the general education curriculum;

11239

(c) Is knowledgeable about the availability of resources of	11240
the school district.	11241

(5) An individual who can interpret the instructional	11242
implications of evaluation results, who may be a member of the	11243
team as described in divisions (F)(2) to (4) of this section;	11244

(6) At the discretion of the parent or the school district,	11245
other individuals who have knowledge or special expertise	11246
regarding the child, including related services personnel as	11247
appropriate;	11248

(7) Whenever appropriate, the child with a disability.

11249

(G) "Instruction in braille reading and writing" means the	11250
teaching of the system of reading and writing through touch	11251
commonly known as standard English braille.	11252

(H) "Other educational agency" means a department, division,	11253
bureau, office, institution, board, commission, committee,	11254
authority, or other state or local agency, which is not a city,	11255
local, or exempted village school district or an agency	11256
administered by the department of ~~mental retardation and~~	11257
developmental disabilities, that provides or seeks to provide	11258
special education or related services to children with	11259
disabilities. The term "other educational agency" includes a joint	11260
vocational school district.	11261

(I) "Parent" of a child with a disability, except as used in	11262
sections 3323.09 and 3323.141 of the Revised Code, means:	11263

(1) A natural or adoptive parent of a child but not a foster	11264
parent of a child;	11265

(2) A guardian, but not the state if the child is a ward of	11266
the state;	11267

(3) An individual acting in the place of a natural or	11268
adoptive parent, including a grandparent, stepparent, or other	11269
relative, with whom the child lives, or an individual who is	11270
legally responsible for the child's welfare;	11271

(4) An individual assigned to be a surrogate parent, provided	11272
the individual is not prohibited by this chapter from serving as a	11273
surrogate parent for a child.	11274

(J) "Preschool child with a disability" means a child with a	11275
disability who is at least three years of age but is not of	11276
compulsory school age, as defined under section 3321.01 of the	11277
Revised Code, and who is not currently enrolled in kindergarten.	11278

(K) "Related services" means transportation, and such	11279
developmental, corrective, and other supportive services	11280
(including speech-language pathology and audiology services,	11281
interpreting services, psychological services, physical and	11282
occupational therapy, recreation, including therapeutic	11283
recreation, school nurse services designed to enable a child with	11284
a disability to receive a free appropriate public education as	11285
described in the individualized education program of the child,	11286
counseling services, including rehabilitation counseling,	11287
orientation and mobility services, school health services, social	11288
work services in schools, and parent counseling and training, and	11289
medical services, except that such medical services shall be for	11290
diagnostic and evaluation purposes only) as may be required to	11291
assist a child with a disability to benefit from special	11292
education, and includes the early identification and assessment of	11293
disabling conditions in children. "Related services" does not	11294
include a medical device that is surgically implanted, or the	11295
replacement of such device.	11296

(L) "School district" means a city, local, or exempted	11297
village school district.	11298

(M) "School district of residence," as used in sections	11299
3323.09, 3323.091, 3323.13, and 3323.14 of the Revised Code,	11300
means:	11301

(1) The school district in which the child's natural or	11302
adoptive parents reside;	11303

(2) If the school district specified in division (M)(1) of	11304
this section cannot be determined, the last school district in	11305
which the child's natural or adoptive parents are known to have	11306
resided if the parents' whereabouts are unknown;	11307

(3) If the school district specified in division (M)(2) of	11308
this section cannot be determined, the school district determined	11309
under section 2151.362 of the Revised Code, or if no district has	11310
been so determined, the school district as determined by the	11311
probate court of the county in which the child resides.	11312

(4) Notwithstanding divisions (M)(1) to (3) of this section,	11313
if a school district is required by section 3313.65 of the Revised	11314
Code to pay tuition for a child, that district shall be the	11315
child's school district of residence.	11316

(N) "Special education" means specially designed instruction,	11317
at no cost to parents, to meet the unique needs of a child with a	11318
disability. "Special education" includes instruction conducted in	11319
the classroom, in the home, in hospitals and institutions, and in	11320
other settings, including an early childhood education setting,	11321
and instruction in physical education.	11322

(O) "Student with a visual impairment" means any person who	11323
is less than twenty-two years of age and who has a visual	11324
impairment as that term is defined in this section.	11325

(P) "Transition services" means a coordinated set of	11326
activities for a child with a disability that meet all of the	11327
following:	11328

(1) Is designed to be within a results-oriented process, that	11329
is focused on improving the academic and functional achievement of	11330
the child with a disability to facilitate the child's movement	11331
from school to post-school activities, including post-secondary	11332
education; vocational education; integrated employment (including	11333
supported employment); continuing and adult education; adult	11334
services; independent living; or community participation;	11335

(2) Is based on the individual child's needs, taking into	11336
account the child's strengths, preferences, and interests;	11337

(3) Includes instruction, related services, community	11338
experiences, the development of employment and other post-school	11339
adult living objectives, and, when appropriate, acquisition of	11340
daily living skills and functional vocational evaluation.	11341

"Transition services" for children with disabilities may be	11342
special education, if provided as specially designed instruction,	11343
or may be a related service, if required to assist a child with a	11344
disability to benefit from special education.	11345

(Q) "Visual impairment" for any individual means that one of	11346
the following applies to the individual:	11347

(1) The individual has a visual acuity of 20/200 or less in	11348
the better eye with correcting lenses or has a limited field of	11349
vision in the better eye such that the widest diameter subtends an	11350
angular distance of no greater than twenty degrees.	11351

(2) The individual has a medically indicated expectation of	11352
meeting the requirements of division (Q)(1) of this section over a	11353
period of time.	11354

(3) The individual has a medically diagnosed and medically	11355
uncorrectable limitation in visual functioning that adversely	11356
affects the individual's ability to read and write standard print	11357
at levels expected of the individual's peers of comparable ability	11358
and grade level.	11359

(R) "Ward of the state" has the same meaning as in section	11360
602(36) of the "Individuals with Disabilities Education	11361
Improvement Act of 2004," 20 U.S.C. 1401(36).	11362

Sec. 3323.02. As used in this section, "IDEIA" means the	11363
"Individuals with Disabilities Education Improvement Act of 2004,"	11364
Pub. L. No. 108-446.	11365

It is the purpose of this chapter to ensure that all	11366
children with disabilities residing in this state who are at	11367
least three years of age and less than twenty-two years of age,	11368
including children with disabilities who have been suspended or	11369
expelled from school, have available to them a free appropriate	11370
public education. No school district, county ~~MR/DD~~DD board, or	11371
other educational agency shall receive state or federal funds for	11372
special education and related services unless those services for	11373
children with disabilities are provided in accordance with IDEIA	11374
and related provisions of the Code of Federal Regulations, the	11375
provisions of this chapter, rules and standards adopted by the	11376
state board of education, and any procedures or guidelines issued	11377
by the superintendent of public instruction. Any options or	11378
discretion provided to the state by IDEIA may be exercised in	11379
state law or in rules or standards adopted by the state board of	11380
education.	11381

The state board of education shall establish rules or	11382
standards for the provision of special education and related	11383
services for all children with disabilities who are at least three	11384
years of age and less than twenty-two years of age residing in the	11385
state, regardless of the severity of their disabilities, including	11386
children with disabilities who have been suspended or expelled	11387
from school. The state law and the rules or standards of the state	11388
board of education may impose requirements that are not required	11389
by IDEIA or related provisions of the Code of Federal Regulations.	11390
The school district of residence is responsible, in all instances,	11391
for ensuring that the requirements of Part B of IDEIA are met for	11392
every eligible child in its jurisdiction, regardless of whether	11393
services are provided by another school district, other	11394
educational agency, or other agency, department, or entity, unless	11395
IDEIA or related provisions of the Code of Federal Regulations,	11396
another section of this chapter, or a rule adopted by the state	11397
board of education specifies that another school district, other	11398
educational agency, or other agency, department, or entity is	11399
responsible for ensuring compliance with Part B of IDEIA.	11400

Notwithstanding division (A)(4) of section 3301.53 of the	11401
Revised Code and any rules adopted pursuant to that section and	11402
division (A) of section 3313.646 of the Revised Code, a board of	11403
education of a school district may provide special education and	11404
related services for preschool children with disabilities in	11405
accordance with this chapter and section 3301.52, divisions (A)(1)	11406
to (3) and (A)(5) and (6) of section 3301.53, and sections 3301.54	11407
to 3301.59 of the Revised Code.	11408

The superintendent of public instruction may require any	11409
state or local agency to provide documentation that special	11410
education and related services for children with disabilities	11411
provided by the agency are in compliance with the requirements of	11412
this chapter.	11413

Not later than the first day of February of each year the	11414
superintendent of public instruction shall furnish the	11415
chairpersons of the education committees of the house of	11416
representatives and the senate with a report on the status of	11417
implementation of special education and related services for	11418
children with disabilities required by this chapter. The report	11419
shall include but shall not be limited to the following items: the	11420
most recent available figures on the number of children identified	11421
as children with disabilities and the number of identified	11422
children receiving special education and related services. The	11423
information contained in these reports shall be public	11424
information.	11425

Sec. 3323.021. As used in this section, "participating	11426
county ~~MR/DD~~DD board" means a county board of ~~mental retardation~~	11427
~~and~~ developmental disabilities electing to participate in the	11428
provision of or contracting for educational services for children	11429
under division (D) of section 5126.05 of the Revised Code.	11430

(A) When a school district, educational service center, or	11431
participating county ~~MR/DD~~DD board enters into an agreement or	11432
contract with another school district, educational service center,	11433
or participating county ~~MR/DD~~DD board to provide educational	11434
services to a disabled child during a school year, both of the	11435
following shall apply:	11436

(1) Beginning with fiscal year 1999, if the provider of the	11437
services intends to increase the amount it charges for some or all	11438
of those services during the next school year or if the provider	11439
intends to cease offering all or part of those services during the	11440
next school year, the provider shall notify the entity for which	11441
the services are provided of these intended changes no later ~~that~~	11442
than the first day of March of the current fiscal year.	11443

(2) Beginning with fiscal year 1999, if the entity for which	11444
services are provided intends to cease obtaining those services	11445
from the provider for the next school year or intends to change	11446
the type or amount of services it obtains from the provider for	11447
the next school year, the entity shall notify the service provider	11448
of these intended changes no later than the first day of March of	11449
the current fiscal year.	11450

(B) School districts, educational service centers,	11451
participating county ~~MR/DD~~DD boards, and other applicable	11452
governmental entities shall collaborate where possible to maximize	11453
federal sources of revenue to provide additional funds for special	11454
education related services for disabled children. Annually, each	11455
school district shall report to the department of education any	11456
amounts of money the district received through such medical	11457
assistance program.	11458

(C) The state board of education, the department of ~~mental~~	11459
~~retardation and~~ developmental disabilities, and the department of	11460
job and family services shall develop working agreements for	11461
pursuing additional funds for services for disabled children.	11462

Sec. 3323.03. The state board of education shall, in	11463
consultation with the department of health, the department of	11464
mental health, and the department of ~~mental retardation and~~	11465
developmental disabilities, establish standards and procedures for	11466
the identification, location, and evaluation of all children with	11467
disabilities residing in the state, including children with	11468
disabilities who are homeless children or are wards of the state	11469
and children with disabilities attending nonpublic schools,	11470
regardless of the severity of their disabilities, and who are in	11471
need of special education and related services. The state board	11472
shall develop and implement a practical method to determine which	11473
children with disabilities are currently receiving needed special	11474
education and related services.	11475

In conducting the evaluation, the board of education of each	11476
school district shall use a variety of assessment tools and	11477
strategies to gather relevant functional, developmental, and	11478
academic information about the child, including information	11479
provided by the child's parent. The board of education of each	11480
school district, in consultation with the county ~~MR/DD~~DD board,	11481
the county family and children first council, and the board of	11482
alcohol, drug addiction, and mental health services of each	11483
county in which the school district has territory, shall	11484
identify, locate, and evaluate all children with disabilities	11485
residing within the district to determine which children with	11486
disabilities are not receiving appropriate special education and	11487
related services. In addition, the board of education of each	11488
school district, in consultation with such county boards or	11489
council, shall identify, locate, and evaluate all children with	11490
disabilities who are enrolled by their parents in nonpublic	11491
elementary and secondary schools located within the public school	11492
district, without regard to where those children reside in	11493
accordance with rules of the state board of education or	11494
guidelines of the superintendent of public instruction.	11495

Each county ~~MR/DD~~DD board, county family and children first	11496
council, and board of alcohol, drug addiction, and mental health	11497
services and the board's or council's contract agencies may	11498
transmit to boards of education the names and addresses of	11499
children with disabilities who are not receiving appropriate	11500
special education and related services.	11501

Sec. 3323.04. The state board of education, in consultation	11502
with the department of mental health and the department of ~~mental~~	11503
~~retardation and~~ developmental disabilities, shall establish	11504
procedures and standards for the development of individualized	11505
education programs for children with disabilities.	11506

The state board shall require the board of education of each	11507
school district to develop an individualized education program for	11508
each child with a disability who is at least three years of age	11509
and less than twenty-two years of age residing in the district in	11510
a manner that is in accordance with rules of the state board.	11511

Prior to the placement of a child with a disability in a	11512
program operated under section 3323.09 of the Revised Code, the	11513
district board of education shall consult the county ~~MR/DD~~DD	11514
board of the county in which the child resides regarding the	11515
proposed placement.	11516

A child with a disability enrolled in a nonpublic school or	11517
facility shall be provided special education and related services,	11518
in accordance with an individualized education program, at no cost	11519
for those services, if the child is placed in, or referred to,	11520
that nonpublic school or facility by the department of education	11521
or a school district.	11522

The IEP team shall review the individualized education	11523
program of each child with a disability periodically, but at least	11524
annually, to determine whether the annual goals for the child are	11525
being achieved, and shall revise the individualized education	11526
program as appropriate.	11527

The state board shall establish procedures and standards to	11528
assure that to the maximum extent appropriate, children with	11529
disabilities, including children in public or private	11530
institutions or other care facilities, shall be educated with	11531
children who are not disabled. Special classes, separate schools,	11532
or other removal of children with disabilities from the regular	11533
educational environment shall be used only when the nature or	11534
severity of a child's disability is such that education in	11535
regular classes with supplementary aids and services cannot be	11536
achieved satisfactorily.	11537

If an agency directly affected by a placement decision	11538
objects to such decision, an impartial hearing officer, appointed	11539
by the department of education from a list prepared by the	11540
department, shall conduct a hearing to review the placement	11541
decision. The agencies that are parties to a hearing shall divide	11542
the costs of such hearing equally. The decision of the hearing	11543
officer shall be final, except that any party to the hearing who	11544
is aggrieved by the findings or the decision of the hearing	11545
officer may appeal the findings or decision in accordance with	11546
division (H) of section 3323.05 of the Revised Code or the parent	11547
of any child affected by such decision may present a complaint in	11548
accordance with that section.	11549

Sec. 3323.05. The state board of education shall establish	11550
procedures to ensure that children with disabilities and their	11551
parents are guaranteed procedural safeguards under this chapter	11552
with respect to a free appropriate public education.	11553

The procedures shall include, but need not be limited to:

11554

(A) An opportunity for the parents of a child with a	11555
disability to examine all records related to the child and to	11556
participate in meetings with respect to identification,	11557
evaluation, and educational placement of the child, and to	11558
obtain an independent educational evaluation of the child;	11559

(B) Procedures to protect the rights of the child whenever	11560
the parents of the child are not known, an agency after making	11561
reasonable efforts cannot find the parents, or the child is a	11562
ward of the state, including the assignment, in accordance with	11563
section 3323.051 of the Revised Code, of an individual to act as	11564
a surrogate for the parents;	11565

(C) Prior written notice to the child's parents of a school	11566
district's proposal or refusal to initiate or change the	11567
identification, evaluation, or educational placement of the child	11568
or the provision of a free appropriate education for the child.	11569
The procedures established under this division shall:	11570

(1) Be designed to ensure that the written prior notice is in	11571
the native language of the parents, unless it clearly is not	11572
feasible to do so.	11573

(2) Specify that the prior written notice shall include:

11574

(a) A description of the action proposed or refused by the	11575
district;	11576

(b) An explanation of why the district proposes or refuses to	11577
take the action and a description of each evaluation procedure,	11578
assessment, record, or report the district used as a basis for the	11579
proposed or refused action;	11580

(c) A statement that the parents of a child with a disability	11581
have protection under the procedural safeguards and, if the notice	11582
is not in regard to an initial referral for evaluation, the means	11583
by which a copy of a description of the procedural safeguards can	11584
be obtained;	11585

(d) Sources for parents to contact to obtain assistance in	11586
understanding the provisions of Part B of the "Individuals with	11587
Disabilities Education Improvement Act of 2004";	11588

(e) A description of other options considered by the IEP team	11589
and the reason why those options were rejected;	11590

(f) A description of the factors that are relevant to the	11591
agency's proposal or refusal.	11592

(D) An opportunity for the child's parents to present	11593
complaints to the superintendent of the child's school district	11594
of residence with respect to any matter relating to the	11595
identification, evaluation, or educational placement of the child,	11596
or the provision of a free appropriate public education under	11597
this chapter.	11598

Within twenty school days after receipt of a complaint, the	11599
district superintendent or the superintendent's designee, without	11600
undue delay and at a time and place convenient to all parties,	11601
shall review the case, may conduct an administrative review, and	11602
shall notify all parties in writing of the superintendent's or	11603
designee's decision. Where the child is placed in a program	11604
operated by a county ~~MR/DD~~DD board or other educational agency,	11605
the superintendent shall consult with the administrator of that	11606
county ~~MR/DD~~DD board or agency.	11607

Any party aggrieved by the decision of the district	11608
superintendent or the superintendent's designee may file a	11609
complaint with the state board as provided under division (E) of	11610
this section, request mediation as provided under division (F) of	11611
this section, or present a due process complaint notice and	11612
request for a due process hearing in writing to the superintendent	11613
of the district, with a copy to the state board, as provided under	11614
division (G) of this section.	11615

(E) An opportunity for a party to file a complaint with the	11616
state board of education with respect to the identification,	11617
evaluation, or educational placement of the child, or the	11618
provision of a free appropriate public education to such child.	11619
The department of education shall review and, where appropriate,	11620
investigate the complaint and issue findings.	11621

(F) An opportunity for parents and a school district to	11622
resolve through mediation disputes involving any matter.	11623

(1) The procedures established under this section shall	11624
ensure that the mediation process is voluntary on the part of the	11625
parties, is not used to deny or delay a parent's right to a due	11626
process hearing or to deny any other rights afforded under this	11627
chapter, and is conducted by a qualified and impartial mediator	11628
who is trained in effective mediation techniques.	11629

(2) A school district may establish procedures to offer to	11630
parents and schools that choose not to use the mediation process,	11631
an opportunity to meet, at a time and location convenient to the	11632
parents, with a disinterested party to encourage the use, and	11633
explain the benefits, of the mediation process to the parents. The	11634
disinterested party shall be an individual who is under contract	11635
with a parent training and information center or community parent	11636
resource center in the state or is under contract with an	11637
appropriate alternative dispute resolution entity.	11638

(3) The department shall maintain a list of individuals who	11639
are qualified mediators and knowledgeable in laws and regulations	11640
relating to the provision of special education and related	11641
services.	11642

(4) The department shall bear the cost of the mediation	11643
process, including the costs of meetings described in division	11644
(F)(2) of this section.	11645

(5) Each session in the mediation process shall be scheduled	11646
in a timely manner and shall be held in a location that is	11647
convenient to the parties to the dispute.	11648

(6) Discussions that occur during the mediation process shall	11649
be confidential and shall not be used as evidence in any	11650
subsequent due process hearing or civil proceeding.	11651

(7) In the case that a resolution is reached to resolve the	11652
complaint through the mediation process, the parties shall execute	11653
a legally binding agreement that sets forth the resolution and	11654
that:	11655

(a) States that all discussions that occurred during the	11656
mediation process shall be confidential and shall not be used as	11657
evidence in any subsequent due process hearing or civil	11658
proceeding;	11659

(b) Is signed by both the parent and a representative for the	11660
school district who has the authority to bind the district;	11661

(c) Is enforceable in any state court of competent	11662
jurisdiction or in a district court of the United States.	11663

(G)(1) An opportunity for parents or a school district to	11664
present a due process complaint and request for a due process	11665
hearing to the superintendent of the school district of the	11666
child's residence with respect to the identification, evaluation,	11667
or educational placement of the child, or the provision of a free	11668
appropriate public education to the child. The party presenting	11669
the due process complaint and request for a due process hearing	11670
shall provide due process complaint notice to the other party and	11671
forward a copy of the notice to the state board. The due process	11672
complaint notice shall include:	11673

(a) The name of the child, the address of the residence of	11674
the child, or the available contact information in the case of a	11675
homeless child, and the name of the school the child is attending;	11676

(b) A description of the nature of the problem of the child	11677
relating to the proposed initiation or change, including facts	11678
relating to the problem;	11679

(c) A proposed resolution of the problem to the extent known	11680
and available to the party at the time.	11681

A party shall not have a due process hearing until the party,	11682
or the attorney representing the party, files a notice that meets	11683
the requirement for filing a due process complaint notice.	11684

A due process hearing shall be conducted by an impartial	11685
hearing officer in accordance with standards and procedures	11686
adopted by the state board. A hearing officer shall not be an	11687
employee of the state board or any agency involved in the	11688
education or care of the child or a person having a personal or	11689
professional interest that conflicts with the person's objectivity	11690
in the hearing. A hearing officer shall possess knowledge of, and	11691
the ability to understand, the provisions of the "Individuals with	11692
Disabilities Education Improvement Act of 2004," federal and state	11693
regulations pertaining to that act, and legal interpretations of	11694
that act by federal and state courts; possess the knowledge and	11695
ability to conduct hearings in accordance with appropriate	11696
standard legal practice; and possess the knowledge and ability to	11697
render and write decisions in accordance with appropriate standard	11698
legal practice. The due process requirements of section 615 of the	11699
"Individuals with Disabilities Education Improvement Act of 2004,"	11700
20 U.S.C. 1415, apply to due process complaint notices and	11701
requests for due process hearings and to due process hearings held	11702
under division (G) of this section, including, but not limited to,	11703
timelines for requesting hearings, requirements for sufficient	11704
complaint notices, resolution sessions, and sufficiency and	11705
hearing decisions.	11706

(2) Discussions that occur during a resolution session shall	11707
be confidential and shall not be used as evidence in any	11708
subsequent due process hearing or civil proceeding. If a	11709
resolution to the dispute is reached at a resolution session, the	11710
parties must execute a legally binding written settlement	11711
agreement which shall state that all discussions that occurred	11712
during the resolution process shall be confidential and shall not	11713
be used as evidence in any subsequent due process hearing or civil	11714
proceeding.	11715

(3) A party to a hearing under division (G) of this section	11716
shall be accorded:	11717

(a) The right to be accompanied and advised by counsel and by	11718
individuals with special knowledge or training with respect to the	11719
problems of children with disabilities;	11720

(b) The right to present evidence and confront,	11721
cross-examine, and compel the attendance of witnesses;	11722

(c) The right to a written or electronic verbatim record of	11723
the hearing;	11724

(d) The right to written findings of fact and decisions,	11725
which findings of fact and decisions shall be made available to	11726
the public consistent with the requirements relating to the	11727
confidentiality of personally identifiable data, information, and	11728
records collected and maintained by state educational agencies and	11729
local educational agencies; and shall be transmitted to the	11730
advisory panel established and maintained by the department for	11731
the purpose of providing policy guidance with respect to special	11732
education and related services for children with disabilities in	11733
the state.	11734

(H) An opportunity for any party aggrieved by the findings	11735
and decision rendered in a hearing under division (G) of this	11736
section to appeal within forty-five days of notification of the	11737
decision to the state board, which shall appoint a state level	11738
officer who shall review the case and issue a final order. The	11739
state level officer shall be appointed and shall review the case	11740
in accordance with standards and procedures adopted by the state	11741
board.	11742

Any party aggrieved by the final order of the state level	11743
officer may appeal the final order, in accordance with Chapter	11744
119. of the Revised Code, within forty-five days after	11745
notification of the order to the court of common pleas of the	11746
county in which the child's school district of residence is	11747
located, or to a district court of the United States within	11748
ninety days after the date of the decision of the state level	11749
review officer, as provided in section 615(i)(2) of the	11750
"Individuals with Disabilities Education Improvement Act of	11751
2004," 20 U.S.C. 1415(i)(2).	11752

Sec. 3323.07. The state board of education shall authorize	11753
the establishment and maintenance of special education and related	11754
services for all children with disabilities who are at least	11755
three years of age and less than twenty-two years of age,	11756
including children with disabilities who have been suspended or	11757
expelled from school, and may authorize special education and	11758
related services for children with disabilities who are less than	11759
three years of age in accordance with rules adopted by the state	11760
board. The state board shall require the boards of education of	11761
school districts, shall authorize the department of mental health	11762
and the department of ~~mental retardation and~~ developmental	11763
disabilities, and may authorize any other educational agency, to	11764
establish and maintain such special education and related	11765
services in accordance with standards adopted by the state board.	11766

Sec. 3323.09. (A) As used in this section:

11767

(1) "Home" has the meaning given in section 3313.64 of the	11768
Revised Code.	11769

(2) "Preschool child" means a child who is at least age three	11770
but under age six on the thirtieth day of September of an academic	11771
year.	11772

(B) Each county ~~MR/DD~~DD board shall establish special	11773
education programs for all children with disabilities who in	11774
accordance with section 3323.04 of the Revised Code have been	11775
placed in special education programs operated by the county board	11776
and for preschool children who are developmentally delayed or at	11777
risk of being developmentally delayed. The board annually shall	11778
submit to the department of education a plan for the provision of	11779
these programs and, if applicable, a request for approval of units	11780
under section 3317.05 of the Revised Code. The superintendent of	11781
public instruction shall review the plan and approve or modify it	11782
in accordance with rules adopted by the state board of education	11783
under section 3301.07 of the Revised Code. The superintendent of	11784
public instruction shall compile the plans submitted by county	11785
boards and shall submit a comprehensive plan to the state board.	11786

A county ~~MR/DD~~DD board may combine transportation for	11787
children enrolled in classes funded under section 3317.20 or units	11788
approved under section 3317.05 with transportation for children	11789
and adults enrolled in programs and services offered by the board	11790
under section 5126.12 of the Revised Code.	11791

(C) A county ~~MR/DD~~DD board that during the school year	11792
provided special education pursuant to this section for any child	11793
with mental disabilities under twenty-two years of age shall	11794
prepare and submit the following reports and statements:	11795

(1) The board shall prepare a statement for each child who at	11796
the time of receiving such special education was a resident of a	11797
home and was not in the legal or permanent custody of an Ohio	11798
resident or a government agency in this state, and whose natural	11799
or adoptive parents are not known to have been residents of this	11800
state subsequent to the child's birth. The statement shall contain	11801
the child's name, the name of the child's school district of	11802
residence, the name of the county board providing the special	11803
education, and the number of months, including any fraction of a	11804
month, it was provided. Not later than the thirtieth day of June,	11805
the board shall forward a certified copy of such statement to both	11806
the director of ~~mental retardation and~~ developmental disabilities	11807
and to the home.	11808

Within thirty days after its receipt of a statement, the home	11809
shall pay tuition to the county board computed in the manner	11810
prescribed by section 3323.141 of the Revised Code.	11811

(2) The board shall prepare a report for each school district	11812
that is the school district of residence of one or more of such	11813
children for whom statements are not required by division (C)(1)	11814
of this section. The report shall contain the name of the county	11815
board providing special education, the name of each child	11816
receiving special education, the number of months, including	11817
fractions of a month, that the child received it, and the name of	11818
the child's school district of residence. Not later than the	11819
thirtieth day of June, the board shall forward certified copies of	11820
each report to the school district named in the report, the	11821
superintendent of public instruction, and the director of ~~mental~~	11822
~~retardation and~~ developmental disabilities.	11823

Sec. 3323.091. (A) The department of mental health, the	11824
department of ~~mental retardation and~~ developmental disabilities,	11825
the department of youth services, and the department of	11826
rehabilitation and correction shall establish and maintain special	11827
education programs for children with disabilities in institutions	11828
under their jurisdiction according to standards adopted by the	11829
state board of education.	11830

(B) The superintendent of each state institution required to	11831
provide services under division (A) of this section, and each	11832
county ~~MR/DD~~DD board, providing special education for preschool	11833
children with disabilities under this chapter may apply to the	11834
state department of education for unit funding, which shall be	11835
paid in accordance with sections 3317.052 and 3317.053 of the	11836
Revised Code.	11837

The superintendent of each state institution required to	11838
provide services under division (A) of this section may apply to	11839
the department of education for special education and related	11840
services weighted funding for children with disabilities other	11841
than preschool children with disabilities, calculated in	11842
accordance with section 3317.201 of the Revised Code.	11843

Each county ~~MR/DD~~DD board providing special education for	11844
children with disabilities other than preschool children with	11845
disabilities may apply to the department of education for base	11846
cost and special education and related services weighted funding	11847
calculated in accordance with section 3317.20 of the Revised	11848
Code.	11849

(C) In addition to the authorization to apply for state	11850
funding described in division (B) of this section, each state	11851
institution required to provide services under division (A) of	11852
this section is entitled to tuition payments calculated in the	11853
manner described in division (C) of this section.	11854

On or before the thirtieth day of June of each year, the	11855
superintendent of each institution that during the school year	11856
provided special education pursuant to this section shall prepare	11857
a statement for each child with a disability under twenty-two	11858
years of age who has received special education. The statement	11859
shall contain the child's data verification code assigned	11860
pursuant to division (D)(2) of section 3301.0714 of the Revised	11861
Code and the name of the child's school district of residence.	11862
Within sixty days after receipt of such statement, the department	11863
of education shall perform one of the following:	11864

(1) For any child except a preschool child with a disability	11865
described in division (C)(2) of this section, pay to the	11866
institution submitting the statement an amount equal to the	11867
tuition calculated under division (A) of section 3317.08 of the	11868
Revised Code for the period covered by the statement, and deduct	11869
the same from the amount of state funds, if any, payable under	11870
sections 3317.022 and 3317.023 of the Revised Code, to the child's	11871
school district of residence or, if the amount of such state funds	11872
is insufficient, require the child's school district of residence	11873
to pay the institution submitting the statement an amount equal to	11874
the amount determined under this division.	11875

(2) For any preschool child with a disability not included	11876
in a unit approved under division (B) of section 3317.05 of the	11877
Revised Code, perform the following:	11878

(a) Pay to the institution submitting the statement an amount	11879
equal to the tuition calculated under division (B) of section	11880
3317.08 of the Revised Code for the period covered by the	11881
statement, except that in calculating the tuition under that	11882
section the operating expenses of the institution submitting the	11883
statement under this section shall be used instead of the	11884
operating expenses of the school district of residence;	11885

(b) Deduct from the amount of state funds, if any, payable	11886
under sections 3317.022 and 3317.023 of the Revised Code to the	11887
child's school district of residence an amount equal to the amount	11888
paid under division (C)(2)(a) of this section.	11889

Sec. 3323.12. The board of education of a school district	11890
shall provide home instruction for children with disabilities who	11891
are at least three years of age and less than twenty-two years of	11892
age and who are unable to attend school, even with the help of	11893
special transportation. The board may arrange for the provision	11894
of home instruction for a child by a cooperative agreement or	11895
contract with a county ~~MR/DD~~DD board or other educational	11896
agency. For the purposes of determining formula ADM under section	11897
3317.03 of the Revised Code, five hours of home instruction	11898
shall be equivalent to attendance for five school days.	11899

Sec. 3323.141. (A) When a child who is not in the legal or	11900
permanent custody of an Ohio resident or a government agency in	11901
this state and whose natural or adoptive parents are not known to	11902
have been residents of this state subsequent to the child's birth	11903
is a resident of a home as defined in section 3313.64 of the	11904
Revised Code and receives special education and related services	11905
from a school district or county MR/DD board, the home shall pay	11906
tuition to the board providing the special education.	11907

(B) In the case of a child described in division (A) of this	11908
section who receives special education and related services from a	11909
school district, tuition shall be the amount determined under	11910
division (B)(1) or (2) of this section.	11911

(1) For a child other than a child described in division	11912
(B)(2) of this section the tuition shall be an amount equal to the	11913
sum of the following:	11914

(a) Tuition as determined in the manner provided for by	11915
division (B) of section 3317.081 of the Revised Code for the	11916
district that provides the special education;	11917

(b) Such excess cost as is determined by using a formula	11918
established by rule of the department of education. The excess	11919
cost computed in this section shall not be used as excess cost	11920
computed under section 3323.14 of the Revised Code.	11921

(2) For a child who is a preschool child with a disability	11922
not included in a unit approved under division (B) of section	11923
3317.05 of the Revised Code, the tuition shall be computed as	11924
follows:	11925

(a) Determine the amount of the tuition of the district	11926
providing the education for the child as calculated under division	11927
(B) of section 3317.08 of the Revised Code;	11928

(b) For each type of special education service included in	11929
the computation of the amount of tuition under division (B)(2)(a)	11930
of this section, divide the amount determined for that computation	11931
under division (B)(2) of section 3317.08 of the Revised Code by	11932
the total number of preschool children with disabilities used for	11933
that computation under division (B)(3) of section 3317.08 of the	11934
Revised Code;	11935

(c) Determine the sum of the quotients obtained under	11936
division (B)(2)(b) of this section;	11937

(d) Determine the sum of the amounts determined under	11938
divisions (B)(2)(a) and (c) of this section.	11939

(C) In the case of a child described in division (A) of this	11940
section who receives special education and related services from a	11941
county MR/DD board, tuition shall be the amount determined under	11942
division (C)(1) or (2) of this section.	11943

(1) For a child other than a child described in division	11944
(C)(2) of this section, the tuition shall be an amount equal to	11945
such board's per capita cost of providing special education and	11946
related services for children at least three but less than	11947
twenty-two years of age as determined by using a formula	11948
established by rule of the department of ~~mental retardation and~~	11949
developmental disabilities.	11950

(2) For a child who is a preschool child with a disability	11951
not included in a unit approved under division (B) of section	11952
3317.05 of the Revised Code, the tuition shall equal the sum of	11953
the amounts of each such board's per capita cost of providing	11954
each of the special education or related service that the child	11955
receives. The calculation of tuition shall be made by using a	11956
formula established by rule of the department of ~~mental~~	11957
~~retardation and~~ developmental disabilities. The formula for the	11958
calculation of per capita costs under division (C)(2) of this	11959
section shall be based only on each such MR/DD board's cost of	11960
providing each type of special education or related service to	11961
preschool children with disabilities not included in a unit	11962
approved under division (B) of section 3317.05 of the Revised	11963
Code.	11964

(D) If a home fails to pay the tuition required under this	11965
section, the board of education or county MR/DD board providing	11966
the education may recover in a civil action the tuition and the	11967
expenses incurred in prosecuting the action, including court	11968
costs and reasonable attorney's fees. If the prosecuting attorney	11969
or city director of law represents the board in such action,	11970
costs and reasonable attorney's fees awarded by the court, based	11971
upon the time spent preparing and presenting the case by the	11972
prosecuting attorney, director, or a designee of either, shall be	11973
deposited in the county or city general fund.	11974

Sec. 3323.142. This section does not apply to any preschool	11975
child with a disability except if included in a unit approved	11976
under division (B) of section 3317.05 of the Revised Code.	11977

As used in this section, "per pupil amount" for a preschool	11978
child with a disability included in such an approved unit means	11979
the amount determined by dividing the amount received for the	11980
classroom unit in which the child has been placed by the number of	11981
children in the unit. For any other child, "per pupil amount"	11982
means the amount paid for the child under section 3317.20 of the	11983
Revised Code.	11984

When a school district places or has placed a child with a	11985
county ~~MR/DD~~DD board for special education, but another district	11986
is responsible for tuition under section 3313.64 or 3313.65 of the	11987
Revised Code and the child is not a resident of the territory	11988
served by the county ~~MR/DD~~DD board, the board may charge the	11989
district responsible for tuition with the educational costs in	11990
excess of the per pupil amount received by the board under Chapter	11991
3317. of the Revised Code. The amount of the excess cost shall be	11992
determined by the formula established by rule of the department of	11993
education under section 3323.14 of the Revised Code, and the	11994
payment for such excess cost shall be made by the school district	11995
directly to the county ~~MR/DD~~DD board.	11996

A school district board of education and the county ~~MR/DD~~DD	11997
board that serves the school district may negotiate and contract,	11998
at or after the time of placement, for payments by the board of	11999
education to the county ~~MR/DD~~DD board for additional services	12000
provided to a child placed with the county ~~MR/DD~~DD board and	12001
whose individualized education program established pursuant to	12002
section 3323.08 of the Revised Code requires additional services	12003
that are not routinely provided children in the county ~~MR/DD~~DD	12004
board's program but are necessary to maintain the child's	12005
enrollment and participation in the program. Additional services	12006
may include, but are not limited to, specialized supplies and	12007
equipment for the benefit of the child and instruction, training,	12008
or assistance provided by staff members other than staff members	12009
for which funding is received under Chapter 3317. of the Revised	12010
Code.	12011

Sec. 3323.31. The Franklin county educational service center	12012
shall establish the Ohio Center for Autism and Low Incidence. The	12013
Center shall administer programs and coordinate services for	12014
infants, preschool and school-age children, and adults with autism	12015
and low incidence disabilities. The Center's principal focus shall	12016
be programs and services for persons with autism. The Center shall	12017
be under the direction of an executive director, appointed by the	12018
superintendent of the service center in consultation with the	12019
advisory board established under section 3323.33 of the Revised	12020
Code.	12021

In addition to its other duties, the Ohio Center for Autism	12022
and Low Incidence shall participate as a member of an interagency	12023
workgroup on autism, as it is established by the department of	12024
~~mental retardation and~~ developmental disabilities and shall	12025
provide technical assistance and support to the department in the	12026
department's leadership role to develop and implement the	12027
initiatives identified by the workgroup.	12028

Sec. 3326.99. (A) Whoever violates division (F) of section	12029
3326.24 of the Revised Code shall be punished as follows:	12030

(1) Except as otherwise provided in division (A)(2) of this	12031
section, the person is guilty of a misdemeanor of the fourth	12032
degree.	12033

(2) The person is guilty of a misdemeanor of the first degree	12034
if both of the following conditions apply:	12035

(a) The employee who is the subject of the report that the	12036
person fails to submit was required to be reported for the	12037
commission or alleged commission of an act or offense involving	12038
the infliction on a child of any physical or mental wound,	12039
injury, disability, or condition of a nature that constitutes	12040
abuse or neglect of the child;	12041

(b) During the period between the violation of division (F)	12042
of section 3326.24 of the Revised Code and the conviction of or	12043
plea of guilty by the person for that violation, the employee who	12044
is the subject of the report that the person fails to submit	12045
inflicts on any child attending a school district, educational	12046
service center, public or nonpublic school, or county board of	12047
~~mental retardation and~~ developmental disabilities where the	12048
employee works any physical or mental wound, injury, disability,	12049
or condition of a nature that constitutes abuse or neglect of the	12050
child.	12051

(B) Whoever violates division (B) of section 3326.243 of the	12052
Revised Code is guilty of a misdemeanor of the first degree.	12053

Sec. 3501.01. As used in the sections of the Revised Code	12054
relating to elections and political communications:	12055

(A) "General election" means the election held on the first	12056
Tuesday after the first Monday in each November.	12057

(B) "Regular municipal election" means the election held on	12058
the first Tuesday after the first Monday in November in each	12059
odd-numbered year.	12060

(C) "Regular state election" means the election held on the	12061
first Tuesday after the first Monday in November in each	12062
even-numbered year.	12063

(D) "Special election" means any election other than those	12064
elections defined in other divisions of this section. A special	12065
election may be held only on the first Tuesday after the first	12066
Monday in February, May, August, or November, or on the day	12067
authorized by a particular municipal or county charter for the	12068
holding of a primary election, except that in any year in which a	12069
presidential primary election is held, no special election shall	12070
be held in February or May, except as authorized by a municipal or	12071
county charter, but may be held on the first Tuesday after the	12072
first Monday in March.	12073

(E)(1) "Primary" or "primary election" means an election held	12074
for the purpose of nominating persons as candidates of political	12075
parties for election to offices, and for the purpose of electing	12076
persons as members of the controlling committees of political	12077
parties and as delegates and alternates to the conventions of	12078
political parties. Primary elections shall be held on the first	12079
Tuesday after the first Monday in May of each year except in years	12080
in which a presidential primary election is held.	12081

(2) "Presidential primary election" means a primary election	12082
as defined by division (E)(1) of this section at which an election	12083
is held for the purpose of choosing delegates and alternates to	12084
the national conventions of the major political parties pursuant	12085
to section 3513.12 of the Revised Code. Unless otherwise	12086
specified, presidential primary elections are included in	12087
references to primary elections. In years in which a presidential	12088
primary election is held, all primary elections shall be held on	12089
the first Tuesday after the first Monday in March except as	12090
otherwise authorized by a municipal or county charter.	12091

(F) "Political party" means any group of voters meeting the	12092
requirements set forth in section 3517.01 of the Revised Code for	12093
the formation and existence of a political party.	12094

(1) "Major political party" means any political party	12095
organized under the laws of this state whose candidate for	12096
governor or nominees for presidential electors received no less	12097
than twenty per cent of the total vote cast for such office at the	12098
most recent regular state election.	12099

(2) "Intermediate political party" means any political party	12100
organized under the laws of this state whose candidate for	12101
governor or nominees for presidential electors received less than	12102
twenty per cent but not less than ten per cent of the total vote	12103
cast for such office at the most recent regular state election.	12104

(3) "Minor political party" means any political party	12105
organized under the laws of this state whose candidate for	12106
governor or nominees for presidential electors received less than	12107
ten per cent but not less than five per cent of the total vote	12108
cast for such office at the most recent regular state election or	12109
which has filed with the secretary of state, subsequent to any	12110
election in which it received less than five per cent of such	12111
vote, a petition signed by qualified electors equal in number to	12112
at least one per cent of the total vote cast for such office in	12113
the last preceding regular state election, except that a newly	12114
formed political party shall be known as a minor political party	12115
until the time of the first election for governor or president	12116
which occurs not less than twelve months subsequent to the	12117
formation of such party, after which election the status of such	12118
party shall be determined by the vote for the office of governor	12119
or president.	12120

(G) "Dominant party in a precinct" or "dominant political	12121
party in a precinct" means that political party whose candidate	12122
for election to the office of governor at the most recent regular	12123
state election at which a governor was elected received more votes	12124
than any other person received for election to that office in such	12125
precinct at such election.	12126

(H) "Candidate" means any qualified person certified in	12127
accordance with the provisions of the Revised Code for placement	12128
on the official ballot of a primary, general, or special election	12129
to be held in this state, or any qualified person who claims to be	12130
a write-in candidate, or who knowingly assents to being	12131
represented as a write-in candidate by another at either a	12132
primary, general, or special election to be held in this state.	12133

(I) "Independent candidate" means any candidate who claims	12134
not to be affiliated with a political party, and whose name has	12135
been certified on the office-type ballot at a general or special	12136
election through the filing of a statement of candidacy and	12137
nominating petition, as prescribed in section 3513.257 of the	12138
Revised Code.	12139

(J) "Nonpartisan candidate" means any candidate whose name is	12140
required, pursuant to section 3505.04 of the Revised Code, to be	12141
listed on the nonpartisan ballot, including all candidates for	12142
judicial office, for member of any board of education, for	12143
municipal or township offices in which primary elections are not	12144
held for nominating candidates by political parties, and for	12145
offices of municipal corporations having charters that provide for	12146
separate ballots for elections for these offices.	12147

(K) "Party candidate" means any candidate who claims to be a	12148
member of a political party, whose name has been certified on the	12149
office-type ballot at a general or special election through the	12150
filing of a declaration of candidacy and petition of candidate,	12151
and who has won the primary election of the candidate's party for	12152
the public office the candidate seeks or is selected by party	12153
committee in accordance with section 3513.31 of the Revised Code.	12154

(L) "Officer of a political party" includes, but is not	12155
limited to, any member, elected or appointed, of a controlling	12156
committee, whether representing the territory of the state, a	12157
district therein, a county, township, a city, a ward, a precinct,	12158
or other territory, of a major, intermediate, or minor political	12159
party.	12160

(M) "Question or issue" means any question or issue certified	12161
in accordance with the Revised Code for placement on an official	12162
ballot at a general or special election to be held in this state.	12163

(N) "Elector" or "qualified elector" means a person having	12164
the qualifications provided by law to be entitled to vote.	12165

(O) "Voter" means an elector who votes at an election.

12166

(P) "Voting residence" means that place of residence of an	12167
elector which shall determine the precinct in which the elector	12168
may vote.	12169

(Q) "Precinct" means a district within a county established	12170
by the board of elections of such county within which all	12171
qualified electors having a voting residence therein may vote at	12172
the same polling place.	12173

(R) "Polling place" means that place provided for each	12174
precinct at which the electors having a voting residence in such	12175
precinct may vote.	12176

(S) "Board" or "board of elections" means the board of	12177
elections appointed in a county pursuant to section 3501.06 of the	12178
Revised Code.	12179

(T) "Political subdivision" means a county, township, city,	12180
village, or school district.	12181

(U) "Election officer" or "election official" means any of	12182
the following:	12183

(1) Secretary of state;

12184

(2) Employees of the secretary of state serving the division	12185
of elections in the capacity of attorney, administrative officer,	12186
administrative assistant, elections administrator, office manager,	12187
or clerical supervisor;	12188

(3) Director of a board of elections;

12189

(4) Deputy director of a board of elections;

12190

(5) Member of a board of elections;

12191

(6) Employees of a board of elections;

12192

(7) Precinct polling place judges;

12193

(8) Employees appointed by the boards of elections on a	12194
temporary or part-time basis.	12195

(V) "Acknowledgment notice" means a notice sent by a board of	12196
elections, on a form prescribed by the secretary of state,	12197
informing a voter registration applicant or an applicant who	12198
wishes to change the applicant's residence or name of the status	12199
of the application; the information necessary to complete or	12200
update the application, if any; and if the application is	12201
complete, the precinct in which the applicant is to vote.	12202

(W) "Confirmation notice" means a notice sent by a board of	12203
elections, on a form prescribed by the secretary of state, to a	12204
registered elector to confirm the registered elector's current	12205
address.	12206

(X) "Designated agency" means an office or agency in the	12207
state that provides public assistance or that provides	12208
state-funded programs primarily engaged in providing services to	12209
persons with disabilities and that is required by the National	12210
Voter Registration Act of 1993 to implement a program designed and	12211
administered by the secretary of state for registering voters, or	12212
any other public or government office or agency that implements a	12213
program designed and administered by the secretary of state for	12214
registering voters, including the department of job and family	12215
services, the program administered under section 3701.132 of the	12216
Revised Code by the department of health, the department of mental	12217
health, the department of ~~mental retardation and~~ developmental	12218
disabilities, the rehabilitation services commission, and any	12219
other agency the secretary of state designates. "Designated	12220
agency" does not include public high schools and vocational	12221
schools, public libraries, or the office of a county treasurer.	12222

(Y) "National Voter Registration Act of 1993" means the	12223
"National Voter Registration Act of 1993," 107 Stat. 77, 42	12224
U.S.C.A. 1973gg.	12225

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	12226
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	12227

(AA) "Photo identification" means a document that meets each	12228
of the following requirements:	12229

(1) It shows the name of the individual to whom it was	12230
issued, which shall conform to the name in the poll list or	12231
signature pollbook.	12232

(2) It shows the current address of the individual to whom it	12233
was issued, which shall conform to the address in the poll list or	12234
signature pollbook, except for a driver's license or a state	12235
identification card issued under section 4507.50 of the Revised	12236
Code, which may show either the current or former address of the	12237
individual to whom it was issued, regardless of whether that	12238
address conforms to the address in the poll list or signature	12239
pollbook.	12240

(3) It shows a photograph of the individual to whom it was	12241
issued.	12242

(4) It includes an expiration date that has not passed.

12243

(5) It was issued by the government of the United States or	12244
this state.	12245

Sec. 3701.78. (A) There is hereby created the commission on	12246
minority health, consisting of eighteen members. The governor	12247
shall appoint to the commission nine members from among health	12248
researchers, health planners, and health professionals. The	12249
speaker of the house of representatives shall appoint to the	12250
commission two members of the house of representatives, not more	12251
than one of whom is a member of the same political party, and the	12252
president of the senate shall appoint to the commission two	12253
members of the senate, not more than one of whom is a member of	12254
the same political party. The directors of health, mental health,	12255
~~mental retardation and~~ developmental disabilities, and job and	12256
family services, or their designees, and the superintendent of	12257
public instruction, or the superintendent's designee, shall be	12258
members of the commission. The commission shall elect a	12259
chairperson from among its members. Of the members appointed by	12260
the governor, five shall be appointed to initial terms of one	12261
year, and four shall be appointed to initial terms of two years.	12262
Thereafter, all members appointed by the governor shall be	12263
appointed to terms of two years. All members of the commission	12264
appointed by the speaker of the house of representatives or the	12265
president of the senate shall be nonvoting members of the	12266
commission and be appointed within thirty days after the	12267
commencement of the first regular session of each general	12268
assembly, and shall serve until the expiration of the session of	12269
the general assembly during which they were appointed. Members of	12270
the commission shall serve without compensation, but shall be	12271
reimbursed for the actual and necessary expenses they incur in the	12272
performance of their official duties.	12273

(B) The commission shall promote health and the prevention of	12274
disease among members of minority groups. Each year the commission	12275
shall distribute grants from available funds to community-based	12276
health groups to be used to promote health and the prevention of	12277
disease among members of minority groups. As used in this	12278
division, "minority group" means any of the following economically	12279
disadvantaged groups: Blacks, American Indians, Hispanics, and	12280
Orientals. The commission shall adopt and maintain rules pursuant	12281
to Chapter 119. of the Revised Code to provide for the	12282
distribution of these grants. No group shall qualify to receive a	12283
grant from the commission unless it receives at least twenty per	12284
cent of its funds from sources other than grants distributed under	12285
this section.	12286

(C) The commission may appoint such employees as it considers	12287
necessary to carry out its duties under this section. The	12288
department of health shall provide office space for the	12289
commission.	12290

(D) The commission shall meet at the call of its chairperson	12291
to conduct its official business. A majority of the voting members	12292
of the commission constitute a quorum. The votes of at least eight	12293
voting members of the commission are necessary for the commission	12294
to take any official action or to approve the distribution of	12295
grants under this section.	12296

Sec. 3701.93. As used in sections 3701.931 to 3701.936 of the	12297
Revised Code:	12298

(A) "Board of health" has the same meaning as in section	12299
3717.01 of the Revised Code.	12300

(B) "Nonpublic school" means a chartered nonpublic school	12301
that meets the minimum education standards prescribed by the state	12302
board of education under section 3301.07 of the Revised Code.	12303
"Nonpublic school" includes facilities used for child care	12304
programs for preschool children operated by the school.	12305

12306

(1) A school operated by a school district, educational	12307
service center, or county board of ~~mental retardation and~~	12308
developmental disabilities, including facilities used for child	12309
care programs for preschool children operated by the district,	12310
center, or board;	12311

(2) A community school established under Chapter 3314. of the	12312
Revised Code, including a facility operated by an internet- or	12313
computer-based community school, as defined in section 3314.02 of	12314
the Revised Code, that is used as a classroom or laboratory for	12315
one or more students. "Public school" does not mean the residence	12316
of a student enrolled in an internet- or computer-based community	12317
school.	12318

(D) "School" does not mean any of the following:

12319

(1) A child care program for preschool children that is	12320
licensed by the department of job and family services pursuant to	12321
Chapter 5104. of the Revised Code;	12322

(2) A child care program for preschool children that is not	12323
operated by a public or nonpublic school;	12324

(3) A chartered kindergarten that is associated with a	12325
freestanding preschool and that is not operated by a school	12326
district, educational service center, or county board of ~~mental~~	12327
~~retardation and~~ developmental disabilities.	12328

Sec. 3701.932. (A) Each board of health shall report the	12329
findings from the inspection of each public and nonpublic school	12330
building and associated grounds conducted under section 3701.931	12331
of the Revised Code to all of the following:	12332

(1) The principal or chief administrator of the building;

12333

(2) The administrator responsible for facility operations and	12334
maintenance on behalf of the school district, educational service	12335
center, county board of ~~mental retardation and~~ developmental	12336
disabilities, or community school controlling the inspected	12337
building and grounds;	12338

(3) In the case of a school operated by a school district,	12339
the superintendent and board of education of that district;	12340

(4) In the case of a school operated by an educational	12341
service center or county board of ~~mental retardation and~~	12342
developmental disabilities, the center or board;	12343

(5) The auditor of state.

12344

(B) Each report shall include recommendations for changes	12345
that the board of health determines may be needed to abate	12346
conditions that are hazardous to occupants. The report shall	12347
include recommendations made pursuant to an inspection conducted	12348
under section 3707.26 of the Revised Code.	12349

(C) The report is a public record under section 149.43 of the	12350
Revised Code.	12351

Sec. 3701.933. The board of education of each school	12352
district, the governing board of each educational service center,	12353
the county board of ~~mental retardation and~~ developmental	12354
disabilities, the governing authority of each community school,	12355
and the chief administrator of each nonpublic school shall submit	12356
to the board of health, by a deadline and in a manner established	12357
by the director of health, a written plan for abatement of the	12358
conditions determined to be hazardous to occupants, as described	12359
in the report submitted under section 3701.932 of the Revised	12360
Code. The plan shall include a schedule for completion of the	12361
abatement.	12362

The board of health shall determine compliance with the	12363
written plan for abatement. On completion of any plan for	12364
abatement, the board of health shall submit a supplemental report	12365
to all parties specified in division (A) of section 3701.932 of	12366
the Revised Code.	12367

The plan submitted under this section is a public record	12368
under section 149.43 of the Revised Code.	12369

Sec. 3705.36. Three years after the date a birth defects	12370
information system is implemented pursuant to section 3705.30 of	12371
the Revised Code, and annually thereafter, the department of	12372
health shall prepare a report regarding the birth defects	12373
information system. The council created under section 3705.34 of	12374
the Revised Code shall, not later than two years after the date a	12375
birth defects information system is implemented, specify the	12376
information the department is to include in each report. The	12377
department shall file the report with the governor, the president	12378
and minority leader of the senate, the speaker and minority leader	12379
of the house of representatives, the departments of ~~mental~~	12380
~~retardation and~~ developmental disabilities, education, and job and	12381
family services, the commission on minority health, and the news	12382
media.	12383

Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and	12384
3721.99 of the Revised Code:	12385

(1)(a) "Home" means an institution, residence, or facility	12386
that provides, for a period of more than twenty-four hours,	12387
whether for a consideration or not, accommodations to three or	12388
more unrelated individuals who are dependent upon the services of	12389
others, including a nursing home, residential care facility, home	12390
for the aging, and a veterans' home operated under Chapter 5907.	12391
of the Revised Code.	12392

(b) "Home" also means both of the following:

12393

(i) Any facility that a person, as defined in section 3702.51	12394
of the Revised Code, proposes for certification as a skilled	12395
nursing facility or nursing facility under Title XVIII or XIX of	12396
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	12397
as amended, and for which a certificate of need, other than a	12398
certificate to recategorize hospital beds as described in section	12399
3702.522 of the Revised Code or division (R)(7)(d) of the version	12400
of section 3702.51 of the Revised Code in effect immediately prior	12401
to April 20, 1995, has been granted to the person under sections	12402
3702.51 to 3702.62 of the Revised Code after August 5, 1989;	12403

(ii) A county home or district home that is or has been	12404
licensed as a residential care facility.	12405

12406

(i) Except as provided in division (A)(1)(b) of this section,	12407
a public hospital or hospital as defined in section 3701.01 or	12408
5122.01 of the Revised Code;	12409

(ii) A residential facility for mentally ill persons as	12410
defined under section 5119.22 of the Revised Code;	12411

(iii) A residential facility as defined in section 5123.19 of	12412
the Revised Code;	12413

(iv) A community alternative home as defined in section	12414
3724.01 of the Revised Code;	12415

(v) An adult care facility as defined in section 3722.01 of	12416
the Revised Code;	12417

(vi) An alcohol or drug addiction program as defined in	12418
section 3793.01 of the Revised Code;	12419

(vii) A facility licensed to provide methadone treatment	12420
under section 3793.11 of the Revised Code;	12421

(viii) A facility providing services under contract with the	12422
department of ~~mental retardation and~~ developmental disabilities	12423
under section 5123.18 of the Revised Code;	12424

(ix) A facility operated by a hospice care program licensed	12425
under section 3712.04 of the Revised Code that is used exclusively	12426
for care of hospice patients;	12427

(x) A facility, infirmary, or other entity that is operated	12428
by a religious order, provides care exclusively to members of	12429
religious orders who take vows of celibacy and live by virtue of	12430
their vows within the orders as if related, and does not	12431
participate in the medicare program established under Title XVIII	12432
of the "Social Security Act" or the medical assistance program	12433
established under Chapter 5111. of the Revised Code and Title XIX	12434
of the "Social Security Act," if on January 1, 1994, the facility,	12435
infirmary, or entity was providing care exclusively to members of	12436
the religious order;	12437

(xi) A county home or district home that has never been	12438
licensed as a residential care facility.	12439

(2) "Unrelated individual" means one who is not related to	12440
the owner or operator of a home or to the spouse of the owner or	12441
operator as a parent, grandparent, child, grandchild, brother,	12442
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	12443
uncle.	12444

(3) "Mental impairment" does not mean mental illness as	12445
defined in section 5122.01 of the Revised Code or mental	12446
retardation as defined in section 5123.01 of the Revised Code.	12447

(4) "Skilled nursing care" means procedures that require	12448
technical skills and knowledge beyond those the untrained person	12449
possesses and that are commonly employed in providing for the	12450
physical, mental, and emotional needs of the ill or otherwise	12451
incapacitated. "Skilled nursing care" includes, but is not limited	12452
to, the following:	12453

(a) Irrigations, catheterizations, application of dressings,	12454
and supervision of special diets;	12455

(b) Objective observation of changes in the patient's	12456
condition as a means of analyzing and determining the nursing care	12457
required and the need for further medical diagnosis and treatment;	12458

12459

(d) Administration of medication by any method ordered by a	12460
physician, such as hypodermically, rectally, or orally, including	12461
observation of the patient after receipt of the medication;	12462

(e) Carrying out other treatments prescribed by the physician	12463
that involve a similar level of complexity and skill in	12464
administration.	12465

(5)(a) "Personal care services" means services including, but	12466
not limited to, the following:	12467

(i) Assisting residents with activities of daily living;

12468

(ii) Assisting residents with self-administration of	12469
medication, in accordance with rules adopted under section 3721.04	12470
of the Revised Code;	12471

(iii) Preparing special diets, other than complex therapeutic	12472
diets, for residents pursuant to the instructions of a physician	12473
or a licensed dietitian, in accordance with rules adopted under	12474
section 3721.04 of the Revised Code.	12475

(b) "Personal care services" does not include "skilled	12476
nursing care" as defined in division (A)(4) of this section. A	12477
facility need not provide more than one of the services listed in	12478
division (A)(5)(a) of this section to be considered to be	12479
providing personal care services.	12480

(6) "Nursing home" means a home used for the reception and	12481
care of individuals who by reason of illness or physical or mental	12482
impairment require skilled nursing care and of individuals who	12483
require personal care services but not skilled nursing care. A	12484
nursing home is licensed to provide personal care services and	12485
skilled nursing care.	12486

(7) "Residential care facility" means a home that provides	12487
either of the following:	12488

(a) Accommodations for seventeen or more unrelated	12489
individuals and supervision and personal care services for three	12490
or more of those individuals who are dependent on the services of	12491
others by reason of age or physical or mental impairment;	12492

(b) Accommodations for three or more unrelated individuals,	12493
supervision and personal care services for at least three of those	12494
individuals who are dependent on the services of others by reason	12495
of age or physical or mental impairment, and, to at least one of	12496
those individuals, any of the skilled nursing care authorized by	12497
section 3721.011 of the Revised Code.	12498

(8) "Home for the aging" means a home that provides services	12499
as a residential care facility and a nursing home, except that the	12500
home provides its services only to individuals who are dependent	12501
on the services of others by reason of both age and physical or	12502
mental impairment.	12503

The part or unit of a home for the aging that provides	12504
services only as a residential care facility is licensed as a	12505
residential care facility. The part or unit that may provide	12506
skilled nursing care beyond the extent authorized by section	12507
3721.011 of the Revised Code is licensed as a nursing home.	12508

(9) "County home" and "district home" mean a county home or	12509
district home operated under Chapter 5155. of the Revised Code.	12510

(B) The public health council may further classify homes. For	12511
the purposes of this chapter, any residence, institution, hotel,	12512
congregate housing project, or similar facility that meets the	12513
definition of a home under this section is such a home regardless	12514
of how the facility holds itself out to the public.	12515

(C) For purposes of this chapter, personal care services or	12516
skilled nursing care shall be considered to be provided by a	12517
facility if they are provided by a person employed by or	12518
associated with the facility or by another person pursuant to an	12519
agreement to which neither the resident who receives the services	12520
nor the resident's sponsor is a party.	12521

(D) Nothing in division (A)(4) of this section shall be	12522
construed to permit skilled nursing care to be imposed on an	12523
individual who does not require skilled nursing care.	12524

Nothing in division (A)(5) of this section shall be construed	12525
to permit personal care services to be imposed on an individual	12526
who is capable of performing the activity in question without	12527
assistance.	12528

(E) Division (A)(1)(c)(x) of this section does not prohibit a	12529
facility, infirmary, or other entity described in that division	12530
from seeking licensure under sections 3721.01 to 3721.09 of the	12531
Revised Code or certification under Title XVIII or XIX of the	12532
"Social Security Act." However, such a facility, infirmary, or	12533
entity that applies for licensure or certification must meet the	12534
requirements of those sections or titles and the rules adopted	12535
under them and obtain a certificate of need from the director of	12536
health under section 3702.52 of the Revised Code.	12537

(F) Nothing in this chapter, or rules adopted pursuant to it,	12538
shall be construed as authorizing the supervision, regulation, or	12539
control of the spiritual care or treatment of residents or	12540
patients in any home who rely upon treatment by prayer or	12541
spiritual means in accordance with the creed or tenets of any	12542
recognized church or religious denomination.	12543

Sec. 3721.14. To assist in the implementation of the rights	12544
granted in division (A) of section 3721.13 of the Revised Code,	12545
each home shall provide:	12546

(A) Appropriate staff training to implement each resident's	12547
rights under division (A) of section 3721.13 of the Revised Code,	12548
including, but not limited to, explaining:	12549

(1) The resident's rights and the staff's responsibility in	12550
the implementation of the rights;	12551

(2) The staff's obligation to provide all residents who have	12552
similar needs with comparable service.	12553

(B) Arrangements for a resident's needed ancillary services;

12554

(C) Protected areas outside the home for residents to enjoy	12555
outdoor activity, within the capacity of the facility, consistent	12556
with applicable laws and rules;	12557

(D) Adequate indoor space, which need not be dedicated to	12558
that purpose, for families of residents to meet privately with	12559
families of other residents;	12560

(E) Access to the following persons to enter the home during	12561
reasonable hours, except where such access would interfere with	12562
resident care or the privacy of residents:	12563

(1) Employees of the department of health, department of	12564
mental health, department of ~~mental retardation and~~ developmental	12565
disabilities, department of aging, department of job and family	12566
services, and county departments of job and family services;	12567

(2) Prospective residents and their sponsors;

12568

(3) A resident's sponsors;

12569

(4) Residents' rights advocates;

12570

(5) A resident's attorney;

12571

(6) A minister, priest, rabbi, or other person ministering to	12572
a resident's religious needs.	12573

(F) In writing, a description of the home's grievance	12574
procedures.	12575

Sec. 3722.01. (A) As used in this chapter:

12576

(1) "Owner" means the person who owns the business of and who	12577
ultimately controls the operation of an adult care facility and to	12578
whom the manager, if different from the owner, is responsible.	12579

(2) "Manager" means the person responsible for the daily	12580
operation of an adult care facility. The manager and the owner of	12581
a facility may be the same person.	12582

(3) "Adult" means an individual eighteen years of age or	12583
older.	12584

(4) "Unrelated" means that an adult resident is not related	12585
to the owner or manager of an adult care facility or to the	12586
owner's or manager's spouse as a parent, grandparent, child,	12587
stepchild, grandchild, brother, sister, niece, nephew, aunt, or	12588
uncle, or as the child of an aunt or uncle.	12589

(5) "Skilled nursing care" means skilled nursing care as	12590
defined in section 3721.01 of the Revised Code.	12591

(6)(a) "Personal care services" means services including, but	12592
not limited to, the following:	12593

(i) Assisting residents with activities of daily living;

12594

(ii) Assisting residents with self-administration of	12595
medication, in accordance with rules adopted by the public health	12596
council pursuant to this chapter;	12597

(iii) Preparing special diets, other than complex therapeutic	12598
diets, for residents pursuant to the instructions of a physician	12599
or a licensed dietitian, in accordance with rules adopted by the	12600
public health council pursuant to this chapter.	12601

(b) "Personal care services" does not include "skilled	12602
nursing care" as defined in section 3721.01 of the Revised Code. A	12603
facility need not provide more than one of the services listed in	12604
division (A)(6)(a) of this section to be considered to be	12605
providing personal care services.	12606

(7) "Adult family home" means a residence or facility that	12607
provides accommodations to three to five unrelated adults and	12608
supervision and personal care services to at least three of those	12609
adults.	12610

(8) "Adult group home" means a residence or facility that	12611
provides accommodations to six to sixteen unrelated adults and	12612
provides supervision and personal care services to at least three	12613
of the unrelated adults.	12614

(9) "Adult care facility" means an adult family home or an	12615
adult group home. For the purposes of this chapter, any residence,	12616
facility, institution, hotel, congregate housing project, or	12617
similar facility that provides accommodations and supervision to	12618
three to sixteen unrelated adults, at least three of whom are	12619
provided personal care services, is an adult care facility	12620
regardless of how the facility holds itself out to the public.	12621
"Adult care facility" does not include:	12622

(a) A facility operated by a hospice care program licensed	12623
under section 3712.04 of the Revised Code that is used exclusively	12624
for care of hospice patients;	12625

(b) A nursing home, residential care facility, or home for	12626
the aging as defined in section 3721.01 of the Revised Code;	12627

(c) A community alternative home as defined in section	12628
3724.01 of the Revised Code;	12629

(d) An alcohol and drug addiction program as defined in	12630
section 3793.01 of the Revised Code;	12631

(e) A residential facility for the mentally ill licensed by	12632
the department of mental health under section 5119.22 of the	12633
Revised Code;	12634

(f) A facility licensed to provide methadone treatment under	12635
section 3793.11 of the Revised Code;	12636

(g) A residential facility licensed under section 5123.19 of	12637
the Revised Code or otherwise regulated by the department of	12638
~~mental retardation and~~ developmental disabilities;	12639

(h) Any residence, institution, hotel, congregate housing	12640
project, or similar facility that provides personal care services	12641
to fewer than three residents or that provides, for any number of	12642
residents, only housing, housekeeping, laundry, meal preparation,	12643
social or recreational activities, maintenance, security,	12644
transportation, and similar services that are not personal care	12645
services or skilled nursing care;	12646

(i) Any facility that receives funding for operating costs	12647
from the department of development under any program established	12648
to provide emergency shelter housing or transitional housing for	12649
the homeless;	12650

(j) A terminal care facility for the homeless that has	12651
entered into an agreement with a hospice care program under	12652
section 3712.07 of the Revised Code;	12653

(k) A facility approved by the veterans administration under	12654
section 104(a) of the "Veterans Health Care Amendments of 1983,"	12655
97 Stat. 993, 38 U.S.C.A. 630, as amended, and used exclusively	12656
for the placement and care of veterans;	12657

(l) Until January 1, 1994, the portion of a facility in which	12658
care is provided exclusively to members of a religious order if	12659
the facility is owned by or part of a nonprofit institution of	12660
higher education authorized to award degrees by the Ohio board of	12661
regents under Chapter 1713. of the Revised Code.	12662

(10) "Residents' rights advocate" means:

12663

(a) An employee or representative of any state or local	12664
government entity that has a responsibility for residents of adult	12665
care facilities and has registered with the department of health	12666
under section 3701.07 of the Revised Code;	12667

(b) An employee or representative, other than a manager or	12668
employee of an adult care facility or nursing home, of any private	12669
nonprofit corporation or association that qualifies for tax-exempt	12670
status under section 501(a) of the "Internal Revenue Code of	12671
1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, that has	12672
registered with the department of health under section 3701.07 of	12673
the Revised Code, and whose purposes include educating and	12674
counseling residents, assisting residents in resolving problems	12675
and complaints concerning their care and treatment, and assisting	12676
them in securing adequate services.	12677

(11) "Sponsor" means an adult relative, friend, or guardian	12678
of a resident of an adult care facility who has an interest in or	12679
responsibility for the resident's welfare.	12680

(12) "Ombudsperson" means a "representative of the office of	12681
the state long-term care ombudsperson program" as defined in	12682
section 173.14 of the Revised Code.	12683

(13) "Mental health agency" means a community mental health	12684
agency, as defined in section 5119.22 of the Revised Code, under	12685
contract with a board of alcohol, drug addiction, and mental	12686
health services pursuant to division (A)(8)(a) of section 340.03	12687
of the Revised Code.	12688

(B) For purposes of this chapter, personal care services or	12689
skilled nursing care shall be considered to be provided by a	12690
facility if they are provided by a person employed by or	12691
associated with the facility or by another person pursuant to an	12692
agreement to which neither the resident who receives the services	12693
nor the resident's sponsor is a party.	12694

(C) Nothing in division (A)(6) of this section shall be	12695
construed to permit personal care services to be imposed upon a	12696
resident who is capable of performing the activity in question	12697
without assistance.	12698

Sec. 3727.01. (A) As used in this section, "health	12699
maintenance organization" means a public or private organization	12700
organized under the law of any state that is qualified under	12701
section 1310(d) of Title XIII of the "Public Health Service Act,"	12702
87 Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the	12703
following:	12704

(1) Provides or otherwise makes available to enrolled	12705
participants health care services including at least the following	12706
basic health care services: usual physician services,	12707
hospitalization, laboratory, x-ray, emergency and preventive	12708
service, and out-of-area coverage;	12709

(2) Is compensated, except for copayments, for the provision	12710
of basic health care services to enrolled participants by a	12711
payment that is paid on a periodic basis without regard to the	12712
date the health care services are provided and that is fixed	12713
without regard to the frequency, extent, or kind of health service	12714
actually provided;	12715

(3) Provides physician services primarily in either of the	12716
following ways:	12717

(a) Directly through physicians who are either employees or	12718
partners of the organization;	12719

(b) Through arrangements with individual physicians or one or	12720
more groups of physicians organized on a group-practice or	12721
individual-practice basis.	12722

(B) As used in this chapter:

12723

(1) "Children's hospital" has the same meaning as in section	12724
3702.51 of the Revised Code.	12725

(2) "Hospital" means an institution classified as a hospital	12726
under section 3701.07 of the Revised Code in which are provided to	12727
inpatients diagnostic, medical, surgical, obstetrical,	12728
psychiatric, or rehabilitation care for a continuous period longer	12729
than twenty-four hours or a hospital operated by a health	12730
maintenance organization. "Hospital" does not include a facility	12731
licensed under Chapter 3721. of the Revised Code, a health care	12732
facility operated by the department of mental health or the	12733
department of ~~mental retardation and~~ developmental disabilities, a	12734
health maintenance organization that does not operate a hospital,	12735
the office of any private licensed health care professional,	12736
whether organized for individual or group practice, or a clinic	12737
that provides ambulatory patient services and where patients are	12738
not regularly admitted as inpatients. "Hospital" also does not	12739
include an institution for the sick that is operated exclusively	12740
for patients who use spiritual means for healing and for whom the	12741
acceptance of medical care is inconsistent with their religious	12742
beliefs, accredited by a national accrediting organization, exempt	12743
from federal income taxation under section 501 of the Internal	12744
Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1, as amended,	12745
and providing twenty-four hour nursing care pursuant to the	12746
exemption in division (E) of section 4723.32 of the Revised Code	12747
from the licensing requirements of Chapter 4723. of the Revised	12748
Code.	12749

(3) "Joint commission" means the commission formerly known as	12750
the joint commission on accreditation of healthcare organizations	12751
or the joint commission on accreditation of hospitals.	12752

Sec. 3735.58. (A) The director of mental health, the	12753
director of ~~mental retardation and~~ developmental disabilities, or	12754
the director of rehabilitation and correction may enter into	12755
contracts for the sale of land not needed by their departments and	12756
under their jurisdiction or supervision to metropolitan housing	12757
authorities for use by such an authority for a housing project or	12758
projects. Such contract may contain such conditions and terms as	12759
are, in the discretion of the directors, in the best interests of	12760
the state and the welfare of the residents of the state.	12761

(B) The director may, upon receipt of a request from a	12762
metropolitan housing authority, request the approval of the	12763
governor to sell and convey land not needed by ~~his~~the director's	12764
department and under ~~his~~the director's jurisdiction or	12765
supervision to an authority, subject to such terms and conditions	12766
consistent with the public interest and welfare of the residents	12767
of the state as the director considers necessary. The governor,	12768
with the approval of the controlling board, may approve the	12769
request. Such property shall be appraised at its fair market value	12770
before it is conveyed. The director of administrative services	12771
shall cause it to be appraised by three disinterested persons and	12772
shall determine the fee which each appraiser shall receive, not to	12773
exceed fifty dollars. All appraisal fees shall be paid by the	12774
authority which shall deposit with the director one hundred fifty	12775
dollars before the appraisal is made. If the deposit exceeds the	12776
appraisal fee, the balance shall be returned to the authority. The	12777
appraisal value, when approved by the director, is the purchase	12778
price. If the purchase price is not paid within ninety days after	12779
notice to the authority of the approved appraisal value, the	12780
director shall withdraw ~~his~~ approval of the appraisal value and no	12781
deed shall be delivered to the authority without the written	12782
approval of the director of the purchase price. If the purchase	12783
price is paid within ninety days, a deed shall be prepared and	12784
recorded pursuant to section 5301.13 of the Revised Code.	12785

(C) Moneys received from sales of land to a metropolitan	12786
housing authority shall be placed in the state treasury in special	12787
funds, to be used for such purposes of the department of mental	12788
health, the department of ~~mental retardation and~~ developmental	12789
disabilities, or the department of rehabilitation and correction	12790
as is appropriate.	12791

Sec. 4109.06. (A) This chapter does not apply to the	12792
following:	12793

(1) Minors who are students working on any properly guarded	12794
machines in the manual training department of any school when the	12795
work is performed under the personal supervision of an instructor;	12796

(2) Students participating in a vocational program approved	12797
by the Ohio department of education;	12798

(3) A minor participating in a play, pageant, or concert	12799
produced by an outdoor historical drama corporation, a	12800
professional traveling theatrical production, a professional	12801
concert tour, or a personal appearance tour as a professional	12802
motion picture star, or as an actor or performer in motion	12803
pictures or in radio or television productions in accordance with	12804
the rules adopted pursuant to division (A) of section 4109.05 of	12805
the Revised Code;	12806

(4) The participation, without remuneration of a minor and	12807
with the consent of a parent or guardian, in a performance given	12808
by a church, school, or academy, or at a concert or entertainment	12809
given solely for charitable purposes, or by a charitable or	12810
religious institution;	12811

(5) Minors who are employed by their parents in occupations	12812
other than occupations prohibited by rule adopted under this	12813
chapter;	12814

(6) Minors engaged in the delivery of newspapers to the	12815
consumer;	12816

(7) Minors who have received a high school diploma or a	12817
certificate of attendance from an accredited secondary school or a	12818
certificate of high school equivalence;	12819

(8) Minors who are currently heads of households or are	12820
parents contributing to the support of their children;	12821

(9) Minors engaged in lawn mowing, snow shoveling, and other	12822
related employment;	12823

(10) Minors employed in agricultural employment in connection	12824
with farms operated by their parents, grandparents, or guardians	12825
where they are members of the guardians' household. Minors are not	12826
exempt from this chapter if they reside in agricultural labor	12827
camps as defined in section 3733.41 of the Revised Code;	12828

(11) Students participating in a program to serve as precinct	12829
officers as authorized by section 3501.22 of the Revised Code.	12830

(B) Sections 4109.02, 4109.08, 4109.09, and 4109.11 of the	12831
Revised Code do not apply to the following:	12832

(1) Minors who work in a sheltered workshop operated by a	12833
county board of ~~mental retardation~~developmental disabilities;	12834

(2) Minors performing services for a nonprofit organization	12835
where the minor receives no compensation, except for any expenses	12836
incurred by the minor or except for meals provided to the minor;	12837

(3) Minors who are employed in agricultural employment and	12838
who do not reside in agricultural labor camps.	12839

(C) Division (D) of section 4109.07 of the Revised Code does	12840
not apply to minors who have their employment hours established as	12841
follows:	12842

(1) A minor adjudicated to be an unruly child or delinquent	12843
child who, as a result of the adjudication, is placed on probation	12844
may either file a petition in the juvenile court in whose	12845
jurisdiction the minor resides, or apply to the superintendent or	12846
to the chief administrative officer who issued the minor's age and	12847
schooling certificate pursuant to section 3331.01 of the Revised	12848
Code, alleging the restrictions on the hours of employment	12849
described in division (D) of section 4109.07 of the Revised Code	12850
will cause a substantial hardship or are not in the minor's best	12851
interests. Upon receipt of a petition or application, the court,	12852
the superintendent, or the chief administrative officer, as	12853
appropriate, shall consult with the person required to supervise	12854
the minor on probation. If after that consultation, the court, the	12855
superintendent, or the chief administrative officer finds the	12856
minor has failed to show the restrictions will result in a	12857
substantial hardship or that the restrictions are not in the	12858
minor's best interests, the court, the superintendent, or the	12859
chief administrative officer shall uphold the restrictions. If	12860
after that consultation, the court, the superintendent, or the	12861
chief administrative officer finds the minor has shown the	12862
restricted hours will cause a substantial hardship or are not in	12863
the minor's best interests, the court, the superintendent, or the	12864
chief administrative officer shall establish differing hours of	12865
employment for the minor and notify the minor and the minor's	12866
employer of those hours, which shall be binding in lieu of the	12867
restrictions on the hours of employment described in division (D)	12868
of section 4109.07 of the Revised Code.	12869

(2) Any minor to whom division (C)(1) of this section does	12870
not apply may either file a petition in the juvenile court in	12871
whose jurisdiction the person resides, or apply to the	12872
superintendent or to the chief administrative officer who issued	12873
the minor's age and schooling certificate pursuant to section	12874
3331.01 of the Revised Code, alleging the restrictions on the	12875
hours of employment described in division (D) of section 4109.07	12876
of the Revised Code will cause a substantial hardship or are not	12877
in the minor's best interests.	12878

If, as a result of a petition or application, the court, the	12879
superintendent, or the chief administrative officer, as	12880
appropriate, finds the minor has failed to show such restrictions	12881
will result in a substantial hardship or that the restrictions are	12882
not in the minor's best interests, the court, the superintendent,	12883
or the chief administrative officer shall uphold the restrictions.	12884
If the court, the superintendent, or the chief administrative	12885
officer finds the minor has shown the restricted hours will cause	12886
a substantial hardship or are not in the minor's best interests,	12887
the court, the superintendent, or the chief administrative officer	12888
shall establish the hours of employment for the minor and shall	12889
notify the minor and the minor's employer of those hours.	12890

(D) Section 4109.03, divisions (A) and (C) of section	12891
4109.02, and division (B) of section 4109.08 of the Revised Code	12892
do not apply to minors who are sixteen or seventeen years of age	12893
and who are employed at a seasonal amusement or recreational	12894
establishment.	12895

(E) As used in this section, "certificate of high school	12896
equivalence" means a statement issued by the state board of	12897
education or an equivalent agency of another state that the holder	12898
of the statement has achieved the equivalent of a high school	12899
education as measured by scores obtained on the tests of general	12900
educational development published by the American council on	12901
education.	12902

Sec. 4115.32. (A) Subject to section 4115.36 of the Revised	12903
Code, there is hereby created the state committee for the purchase	12904
of products and services provided by persons with severe	12905
disabilities. The committee shall be composed ex officio of the	12906
following persons, or their designees:	12907

(1) The directors of administrative services, mental health,	12908
~~mental retardation and~~ developmental disabilities, transportation,	12909
natural resources, and commerce;	12910

(2) The administrators of the rehabilitation services	12911
commission and the bureau of workers' compensation;	12912

(3) The secretary of state;

12913

(4) One representative of a purchasing department of a	12914
political subdivision who is designated by the governor.	12915

The governor shall appoint two representatives of a qualified	12916
nonprofit agency for persons with severe disabilities, and a	12917
person with a severe disability to the committee.	12918

(B) Within thirty days after September 29, 1995, the governor	12919
shall appoint the representatives of a qualified nonprofit agency	12920
for persons with severe disabilities to the committee for a term	12921
ending August 31, 1996. Thereafter, terms for such representatives	12922
are for three years, each term ending on the same day of the same	12923
month of the year as did the term that it succeeds. Each committee	12924
member shall serve from the date of the member's appointment until	12925
the end of the term for which the member was appointed. Vacancies	12926
shall be filled in the same manner provided for original	12927
appointments. Any member appointed to fill a vacancy occurring	12928
prior to the expiration date of the term for which the member's	12929
predecessor was appointed shall serve as a member for the	12930
remainder of that term. A member shall serve subsequent to the	12931
expiration of the member's term and shall continue to serve until	12932
the member's successor takes office.	12933

(C) Members of the committee shall serve without	12934
compensation. Except as otherwise provided in divisions (C)(1) and	12935
(2) of this section, members shall be reimbursed for actual and	12936
necessary expenses, including travel expenses, incurred while away	12937
from their homes or regular places of business and incurred while	12938
performing services for the committee.	12939

(1) The members listed in divisions (A)(1) to (3) of this	12940
section, or their designees, shall not be reimbursed for any	12941
expenses.	12942

(2) No member of the committee who is entitled to receive	12943
reimbursement for the performance of services for the committee	12944
from another agency or entity shall receive reimbursement from the	12945
committee.	12946

(D) The committee shall elect from among its members a	12947
chairperson. The committee may request from any agency of the	12948
state, political subdivision, or instrumentality of the state any	12949
information necessary to enable it to carry out the intent of	12950
sections 4115.31 to 4115.35 of the Revised Code. Upon request of	12951
the committee, the agency, subdivision, or instrumentality shall	12952
furnish the information to the chairperson of the committee.	12953

(E) The committee shall not later than one hundred eighty	12954
days following the close of each fiscal year transmit to the	12955
governor, the general assembly, and each qualified nonprofit	12956
agency for persons with severe disabilities a report that includes	12957
the names of the committee members serving during the preceding	12958
fiscal year, the dates of committee meetings in that year, and any	12959
recommendations for changes in sections 4115.31 to 4115.35 of the	12960
Revised Code that the committee determines are necessary.	12961

(F) The director of administrative services shall designate a	12962
subordinate to act as executive director of the committee and	12963
shall furnish other staff and clerical assistance, office space,	12964
and supplies required by the committee.	12965

Sec. 4141.29. Each eligible individual shall receive	12966
benefits as compensation for loss of remuneration due to	12967
involuntary total or partial unemployment in the amounts and	12968
subject to the conditions stipulated in this chapter.	12969

(A) No individual is entitled to a waiting period or benefits	12970
for any week unless the individual:	12971

(1) Has filed a valid application for determination of	12972
benefit rights in accordance with section 4141.28 of the Revised	12973
Code;	12974

(2) Has made a claim for benefits in accordance with section	12975
4141.28 of the Revised Code;	12976

(3) Has registered at an employment office or other	12977
registration place maintained or designated by the director of job	12978
and family services. Registration shall be made in accordance with	12979
the time limits, frequency, and manner prescribed by the director.	12980

(4)(a)(i) Is able to work and available for suitable work	12981
and, except as provided in division (A)(4)(a)(ii) of this section,	12982
is actively seeking suitable work either in a locality in which	12983
the individual has earned wages subject to this chapter during the	12984
individual's base period, or if the individual leaves that	12985
locality, then in a locality where suitable work normally is	12986
performed.	12987

(ii) The director may waive the requirement that a claimant	12988
be actively seeking work when the director finds that the	12989
individual has been laid off and the employer who laid the	12990
individual off has notified the director within ten days after the	12991
layoff, that work is expected to be available for the individual	12992
within a specified number of days not to exceed forty-five	12993
calendar days following the last day the individual worked. In the	12994
event the individual is not recalled within the specified period,	12995
this waiver shall cease to be operative with respect to that	12996
layoff.	12997

(b) The individual shall be instructed as to the efforts that	12998
the individual must make in the search for suitable work, except	12999
where the active search for work requirement has been waived under	13000
division (A)(4)(a) of this section, and shall keep a record of	13001
where and when the individual has sought work in complying with	13002
those instructions and, upon request, shall produce that record	13003
for examination by the director.	13004

(c) An individual who is attending a training course approved	13005
by the director meets the requirement of this division, if	13006
attendance was recommended by the director and the individual is	13007
regularly attending the course and is making satisfactory	13008
progress. An individual also meets the requirements of this	13009
division if the individual is participating and advancing in a	13010
training program, as defined in division (P) of section 5709.61 of	13011
the Revised Code, and if an enterprise, defined in division (B) of	13012
section 5709.61 of the Revised Code, is paying all or part of the	13013
cost of the individual's participation in the training program	13014
with the intention of hiring the individual for employment as a	13015
new employee, as defined in division (L) of section 5709.61 of the	13016
Revised Code, for at least ninety days after the individual's	13017
completion of the training program.	13018

(d) An individual who becomes unemployed while attending a	13019
regularly established school and whose base period qualifying	13020
weeks were earned in whole or in part while attending that school,	13021
meets the availability and active search for work requirements of	13022
division (A)(4)(a) of this section if the individual regularly	13023
attends the school during weeks with respect to which the	13024
individual claims unemployment benefits and makes self available	13025
on any shift of hours for suitable employment with the	13026
individual's most recent employer or any other employer in the	13027
individual's base period, or for any other suitable employment to	13028
which the individual is directed, under this chapter.	13029

(e) The director shall adopt any rules that the director	13030
deems necessary for the administration of division (A)(4) of this	13031
section.	13032

(f) Notwithstanding any other provisions of this section, no	13033
otherwise eligible individual shall be denied benefits for any	13034
week because the individual is in training approved under section	13035
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	13036
2296, nor shall that individual be denied benefits by reason of	13037
leaving work to enter such training, provided the work left is not	13038
suitable employment, or because of the application to any week in	13039
training of provisions in this chapter, or any applicable federal	13040
unemployment compensation law, relating to availability for work,	13041
active search for work, or refusal to accept work.	13042

For the purposes of division (A)(4)(f) of this section,	13043
"suitable employment" means with respect to an individual, work of	13044
a substantially equal or higher skill level than the individual's	13045
past adversely affected employment, as defined for the purposes of	13046
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and	13047
wages for such work at not less than eighty per cent of the	13048
individual's average weekly wage as determined for the purposes of	13049
that federal act.	13050

(5) Is unable to obtain suitable work. An individual who is	13051
provided temporary work assignments by the individual's employer	13052
under agreed terms and conditions of employment, and who is	13053
required pursuant to those terms and conditions to inquire with	13054
the individual's employer for available work assignments upon the	13055
conclusion of each work assignment, is not considered unable to	13056
obtain suitable employment if suitable work assignments are	13057
available with the employer but the individual fails to contact	13058
the employer to inquire about work assignments.	13059

(6) Participates in reemployment services, such as job search	13060
assistance services, if the individual has been determined to be	13061
likely to exhaust benefits under this chapter, including	13062
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than	13063
extended compensation, and needs reemployment services pursuant to	13064
the profiling system established by the director under division	13065
(K) of this section, unless the director determines that:	13066

(a) The individual has completed such services; or

13067

(b) There is justifiable cause for the claimant's failure to	13068
participate in such services.	13069

(B) An individual suffering total or partial unemployment is	13070
eligible for benefits for unemployment occurring subsequent to a	13071
waiting period of one week and no benefits shall be payable during	13072
this required waiting period. Not more than one week of waiting	13073
period shall be required of any individual in any benefit year in	13074
order to establish the individual's eligibility for total or	13075
partial unemployment benefits.	13076

(C) The waiting period for total or partial unemployment	13077
shall commence on the first day of the first week with respect to	13078
which the individual first files a claim for benefits at an	13079
employment office or other place of registration maintained or	13080
designated by the director or on the first day of the first week	13081
with respect to which the individual has otherwise filed a claim	13082
for benefits in accordance with the rules of the department of job	13083
and family services, provided such claim is allowed by the	13084
director.	13085

(D) Notwithstanding division (A) of this section, no	13086
individual may serve a waiting period or be paid benefits under	13087
the following conditions:	13088

(1) For any week with respect to which the director finds	13089
that:	13090

(a) The individual's unemployment was due to a labor dispute	13091
other than a lockout at any factory, establishment, or other	13092
premises located in this or any other state and owned or operated	13093
by the employer by which the individual is or was last employed;	13094
and for so long as the individual's unemployment is due to such	13095
labor dispute. No individual shall be disqualified under this	13096
provision if either of the following applies:	13097

(i) The individual's employment was with such employer at any	13098
factory, establishment, or premises located in this state, owned	13099
or operated by such employer, other than the factory,	13100
establishment, or premises at which the labor dispute exists, if	13101
it is shown that the individual is not financing, participating	13102
in, or directly interested in such labor dispute;	13103

(ii) The individual's employment was with an employer not	13104
involved in the labor dispute but whose place of business was	13105
located within the same premises as the employer engaged in the	13106
dispute, unless the individual's employer is a wholly owned	13107
subsidiary of the employer engaged in the dispute, or unless the	13108
individual actively participates in or voluntarily stops work	13109
because of such dispute. If it is established that the claimant	13110
was laid off for an indefinite period and not recalled to work	13111
prior to the dispute, or was separated by the employer prior to	13112
the dispute for reasons other than the labor dispute, or that the	13113
individual obtained a bona fide job with another employer while	13114
the dispute was still in progress, such labor dispute shall not	13115
render the employee ineligible for benefits.	13116

(b) The individual has been given a disciplinary layoff for	13117
misconduct in connection with the individual's work.	13118

(2) For the duration of the individual's unemployment if the	13119
director finds that:	13120

(a) The individual quit work without just cause or has been	13121
discharged for just cause in connection with the individual's	13122
work, provided division (D)(2) of this section does not apply to	13123
the separation of a person under any of the following	13124
circumstances:	13125

(i) Separation from employment for the purpose of entering	13126
the armed forces of the United States if the individual is	13127
inducted into the armed forces within one of the following	13128
periods:	13129

(I) Thirty days after separation;

13130

(II) One hundred eighty days after separation if the	13131
individual's date of induction is delayed solely at the discretion	13132
of the armed forces.	13133

(ii) Separation from employment pursuant to a	13134
labor-management contract or agreement, or pursuant to an	13135
established employer plan, program, or policy, which permits the	13136
employee, because of lack of work, to accept a separation from	13137
employment;	13138

(iii) The individual has left employment to accept a recall	13139
from a prior employer or, except as provided in division	13140
(D)(2)(a)(iv) of this section, to accept other employment as	13141
provided under section 4141.291 of the Revised Code, or left or	13142
was separated from employment that was concurrent employment at	13143
the time of the most recent separation or within six weeks prior	13144
to the most recent separation where the remuneration, hours, or	13145
other conditions of such concurrent employment were substantially	13146
less favorable than the individual's most recent employment and	13147
where such employment, if offered as new work, would be considered	13148
not suitable under the provisions of divisions (E) and (F) of this	13149
section. Any benefits that would otherwise be chargeable to the	13150
account of the employer from whom an individual has left	13151
employment or was separated from employment that was concurrent	13152
employment under conditions described in division (D)(2)(a)(iii)	13153
of this section, shall instead be charged to the mutualized	13154
account created by division (B) of section 4141.25 of the Revised	13155
Code, except that any benefits chargeable to the account of a	13156
reimbursing employer under division (D)(2)(a)(iii) of this section	13157
shall be charged to the account of the reimbursing employer and	13158
not to the mutualized account, except as provided in division	13159
(D)(2) of section 4141.24 of the Revised Code.	13160

(iv) When an individual has been issued a definite layoff	13161
date by the individual's employer and before the layoff date, the	13162
individual quits to accept other employment, the provisions of	13163
division (D)(2)(a)(iii) of this section apply and no	13164
disqualification shall be imposed under division (D) of this	13165
section. However, if the individual fails to meet the employment	13166
and earnings requirements of division (A)(2) of section 4141.291	13167
of the Revised Code, then the individual, pursuant to division	13168
(A)(5) of this section, shall be ineligible for benefits for any	13169
week of unemployment that occurs prior to the layoff date.	13170

(b) The individual has refused without good cause to accept	13171
an offer of suitable work when made by an employer either in	13172
person or to the individual's last known address, or has refused	13173
or failed to investigate a referral to suitable work when directed	13174
to do so by a local employment office of this state or another	13175
state, provided that this division shall not cause a	13176
disqualification for a waiting week or benefits under the	13177
following circumstances:	13178

(i) When work is offered by the individual's employer and the	13179
individual is not required to accept the offer pursuant to the	13180
terms of the labor-management contract or agreement; or	13181

(ii) When the individual is attending a training course	13182
pursuant to division (A)(4) of this section except, in the event	13183
of a refusal to accept an offer of suitable work or a refusal or	13184
failure to investigate a referral, benefits thereafter paid to	13185
such individual shall not be charged to the account of any	13186
employer and, except as provided in division (B)(1)(b) of section	13187
4141.241 of the Revised Code, shall be charged to the mutualized	13188
account as provided in division (B) of section 4141.25 of the	13189
Revised Code.	13190

(c) Such individual quit work to marry or because of marital,	13191
parental, filial, or other domestic obligations.	13192

(d) The individual became unemployed by reason of commitment	13193
to any correctional institution.	13194

(e) The individual became unemployed because of dishonesty in	13195
connection with the individual's most recent or any base period	13196
work. Remuneration earned in such work shall be excluded from the	13197
individual's total base period remuneration and qualifying weeks	13198
that otherwise would be credited to the individual for such work	13199
in the individual's base period shall not be credited for the	13200
purpose of determining the total benefits to which the individual	13201
is eligible and the weekly benefit amount to be paid under section	13202
4141.30 of the Revised Code. Such excluded remuneration and	13203
noncredited qualifying weeks shall be excluded from the	13204
calculation of the maximum amount to be charged, under division	13205
(D) of section 4141.24 and section 4141.33 of the Revised Code,	13206
against the accounts of the individual's base period employers. In	13207
addition, no benefits shall thereafter be paid to the individual	13208
based upon such excluded remuneration or noncredited qualifying	13209
weeks.	13210

For purposes of division (D)(2)(e) of this section,	13211
"dishonesty" means the commission of substantive theft, fraud, or	13212
deceitful acts.	13213

(E) No individual otherwise qualified to receive benefits	13214
shall lose the right to benefits by reason of a refusal to accept	13215
new work if:	13216

(1) As a condition of being so employed the individual would	13217
be required to join a company union, or to resign from or refrain	13218
from joining any bona fide labor organization, or would be denied	13219
the right to retain membership in and observe the lawful rules of	13220
any such organization.	13221

(2) The position offered is vacant due directly to a strike,	13222
lockout, or other labor dispute.	13223

(3) The work is at an unreasonable distance from the	13224
individual's residence, having regard to the character of the work	13225
the individual has been accustomed to do, and travel to the place	13226
of work involves expenses substantially greater than that required	13227
for the individual's former work, unless the expense is provided	13228
for.	13229

(4) The remuneration, hours, or other conditions of the work	13230
offered are substantially less favorable to the individual than	13231
those prevailing for similar work in the locality.	13232

(F) Subject to the special exceptions contained in division	13233
(A)(4)(f) of this section and section 4141.301 of the Revised	13234
Code, in determining whether any work is suitable for a claimant	13235
in the administration of this chapter, the director, in addition	13236
to the determination required under division (E) of this section,	13237
shall consider the degree of risk to the claimant's health,	13238
safety, and morals, the individual's physical fitness for the	13239
work, the individual's prior training and experience, the length	13240
of the individual's unemployment, the distance of the available	13241
work from the individual's residence, and the individual's	13242
prospects for obtaining local work.	13243

(G) The "duration of unemployment" as used in this section	13244
means the full period of unemployment next ensuing after a	13245
separation from any base period or subsequent work and until an	13246
individual has become reemployed in employment subject to this	13247
chapter, or the unemployment compensation act of another state, or	13248
of the United States, and until such individual has worked six	13249
weeks and for those weeks has earned or been paid remuneration	13250
equal to six times an average weekly wage of not less than:	13251
eighty-five dollars and ten cents per week beginning on June 26,	13252
1990; and beginning on and after January 1, 1992, twenty-seven and	13253
one-half per cent of the statewide average weekly wage as computed	13254
each first day of January under division (B)(3) of section 4141.30	13255
of the Revised Code, rounded down to the nearest dollar, except	13256
for purposes of division (D)(2)(c) of this section, such term	13257
means the full period of unemployment next ensuing after a	13258
separation from such work and until such individual has become	13259
reemployed subject to the terms set forth above, and has earned	13260
wages equal to one-half of the individual's average weekly wage or	13261
sixty dollars, whichever is less.	13262

(H) If a claimant is disqualified under division (D)(2)(a),	13263
(c), or (d) of this section or found to be qualified under the	13264
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of	13265
this section or division (A)(2) of section 4141.291 of the Revised	13266
Code, then benefits that may become payable to such claimant,	13267
which are chargeable to the account of the employer from whom the	13268
individual was separated under such conditions, shall be charged	13269
to the mutualized account provided in section 4141.25 of the	13270
Revised Code, provided that no charge shall be made to the	13271
mutualized account for benefits chargeable to a reimbursing	13272
employer, except as provided in division (D)(2) of section 4141.24	13273
of the Revised Code. In the case of a reimbursing employer, the	13274
director shall refund or credit to the account of the reimbursing	13275
employer any over-paid benefits that are recovered under division	13276
(B) of section 4141.35 of the Revised Code. Amounts chargeable to	13277
other states, the United States, or Canada that are subject to	13278
agreements and arrangements that are established pursuant to	13279
section 4141.43 of the Revised Code shall be credited or	13280
reimbursed according to the agreements and arrangements to which	13281
the chargeable amounts are subject.	13282

(I)(1) Benefits based on service in employment as provided in	13283
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code	13284
shall be payable in the same amount, on the same terms, and	13285
subject to the same conditions as benefits payable on the basis of	13286
other service subject to this chapter; except that after December	13287
31, 1977:	13288

(a) Benefits based on service in an instructional, research,	13289
or principal administrative capacity in an institution of higher	13290
education, as defined in division (Y) of section 4141.01 of the	13291
Revised Code; or for an educational institution as defined in	13292
division (CC) of section 4141.01 of the Revised Code, shall not be	13293
paid to any individual for any week of unemployment that begins	13294
during the period between two successive academic years or terms,	13295
or during a similar period between two regular but not successive	13296
terms or during a period of paid sabbatical leave provided for in	13297
the individual's contract, if the individual performs such	13298
services in the first of those academic years or terms and has a	13299
contract or a reasonable assurance that the individual will	13300
perform services in any such capacity for any such institution in	13301
the second of those academic years or terms.	13302

(b) Benefits based on service for an educational institution	13303
or an institution of higher education in other than an	13304
instructional, research, or principal administrative capacity,	13305
shall not be paid to any individual for any week of unemployment	13306
which begins during the period between two successive academic	13307
years or terms of the employing educational institution or	13308
institution of higher education, provided the individual performed	13309
those services for the educational institution or institution of	13310
higher education during the first such academic year or term and,	13311
there is a reasonable assurance that such individual will perform	13312
those services for any educational institution or institution of	13313
higher education in the second of such academic years or terms.	13314

If compensation is denied to any individual for any week	13315
under division (I)(1)(b) of this section and the individual was	13316
not offered an opportunity to perform those services for an	13317
institution of higher education or for an educational institution	13318
for the second of such academic years or terms, the individual is	13319
entitled to a retroactive payment of compensation for each week	13320
for which the individual timely filed a claim for compensation and	13321
for which compensation was denied solely by reason of division	13322
(I)(1)(b) of this section. An application for retroactive benefits	13323
shall be timely filed if received by the director or the	13324
director's deputy within or prior to the end of the fourth full	13325
calendar week after the end of the period for which benefits were	13326
denied because of reasonable assurance of employment. The	13327
provision for the payment of retroactive benefits under division	13328
(I)(1)(b) of this section is applicable to weeks of unemployment	13329
beginning on and after November 18, 1983. The provisions under	13330
division (I)(1)(b) of this section shall be retroactive to	13331
September 5, 1982, only if, as a condition for full tax credit	13332
against the tax imposed by the "Federal Unemployment Tax Act," 53	13333
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States	13334
secretary of labor determines that retroactivity is required by	13335
federal law.	13336

(c) With respect to weeks of unemployment beginning after	13337
December 31, 1977, benefits shall be denied to any individual for	13338
any week which commences during an established and customary	13339
vacation period or holiday recess, if the individual performs any	13340
services described in divisions (I)(1)(a) and (b) of this section	13341
in the period immediately before the vacation period or holiday	13342
recess, and there is a reasonable assurance that the individual	13343
will perform any such services in the period immediately following	13344
the vacation period or holiday recess.	13345

(d) With respect to any services described in division	13346
(I)(1)(a), (b), or (c) of this section, benefits payable on the	13347
basis of services in any such capacity shall be denied as	13348
specified in division (I)(1)(a), (b), or (c) of this section to	13349
any individual who performs such services in an educational	13350
institution or institution of higher education while in the employ	13351
of an educational service agency. For this purpose, the term	13352
"educational service agency" means a governmental agency or	13353
governmental entity that is established and operated exclusively	13354
for the purpose of providing services to one or more educational	13355
institutions or one or more institutions of higher education.	13356

(e) Any individual employed by a public school district or a	13357
county board of ~~mental retardation~~developmental disabilities	13358
shall be notified by the thirtieth day of April each year if the	13359
individual is not to be reemployed the following academic year.	13360

(2) No disqualification will be imposed, between academic	13361
years or terms or during a vacation period or holiday recess under	13362
this division, unless the director or the director's deputy has	13363
received a statement in writing from the educational institution	13364
or institution of higher education that the claimant has a	13365
contract for, or a reasonable assurance of, reemployment for the	13366
ensuing academic year or term.	13367

(3) If an individual has employment with an educational	13368
institution or an institution of higher education and employment	13369
with a noneducational employer, during the base period of the	13370
individual's benefit year, then the individual may become eligible	13371
for benefits during the between-term, or vacation or holiday	13372
recess, disqualification period, based on employment performed for	13373
the noneducational employer, provided that the employment is	13374
sufficient to qualify the individual for benefit rights separately	13375
from the benefit rights based on school employment. The weekly	13376
benefit amount and maximum benefits payable during a	13377
disqualification period shall be computed based solely on the	13378
nonschool employment.	13379

(J) Benefits shall not be paid on the basis of employment	13380
performed by an alien, unless the alien had been lawfully admitted	13381
to the United States for permanent residence at the time the	13382
services were performed, was lawfully present for purposes of	13383
performing the services, or was otherwise permanently residing in	13384
the United States under color of law at the time the services were	13385
performed, under section 212(d)(5) of the "Immigration and	13386
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:	13387

(1) Any data or information required of individuals applying	13388
for benefits to determine whether benefits are not payable to them	13389
because of their alien status shall be uniformly required from all	13390
applicants for benefits.	13391

(2) In the case of an individual whose application for	13392
benefits would otherwise be approved, no determination that	13393
benefits to the individual are not payable because of the	13394
individual's alien status shall be made except upon a	13395
preponderance of the evidence that the individual had not, in	13396
fact, been lawfully admitted to the United States.	13397

(K) The director shall establish and utilize a system of	13398
profiling all new claimants under this chapter that:	13399

(1) Identifies which claimants will be likely to exhaust	13400
regular compensation and will need job search assistance services	13401
to make a successful transition to new employment;	13402

(2) Refers claimants identified pursuant to division (K)(1)	13403
of this section to reemployment services, such as job search	13404
assistance services, available under any state or federal law;	13405

(3) Collects follow-up information relating to the services	13406
received by such claimants and the employment outcomes for such	13407
claimant's subsequent to receiving such services and utilizes such	13408
information in making identifications pursuant to division (K)(1)	13409
of this section; and	13410

(4) Meets such other requirements as the United States	13411
secretary of labor determines are appropriate.	13412

Sec. 4511.21. (A) No person shall operate a motor vehicle,	13413
trackless trolley, or streetcar at a speed greater or less than is	13414
reasonable or proper, having due regard to the traffic, surface,	13415
and width of the street or highway and any other conditions, and	13416
no person shall drive any motor vehicle, trackless trolley, or	13417
streetcar in and upon any street or highway at a greater speed	13418
than will permit the person to bring it to a stop within the	13419
assured clear distance ahead.	13420

(B) It is prima-facie lawful, in the absence of a lower limit	13421
declared pursuant to this section by the director of	13422
transportation or local authorities, for the operator of a motor	13423
vehicle, trackless trolley, or streetcar to operate the same at a	13424
speed not exceeding the following:	13425

(1)(a) Twenty miles per hour in school zones during school	13426
recess and while children are going to or leaving school during	13427
the opening or closing hours, and when twenty miles per hour	13428
school speed limit signs are erected; except that, on	13429
controlled-access highways and expressways, if the right-of-way	13430
line fence has been erected without pedestrian opening, the speed	13431
shall be governed by division (B)(4) of this section and on	13432
freeways, if the right-of-way line fence has been erected without	13433
pedestrian opening, the speed shall be governed by divisions	13434
(B)(9) and (10) of this section. The end of every school zone may	13435
be marked by a sign indicating the end of the zone. Nothing in	13436
this section or in the manual and specifications for a uniform	13437
system of traffic control devices shall be construed to require	13438
school zones to be indicated by signs equipped with flashing or	13439
other lights, or giving other special notice of the hours in which	13440
the school zone speed limit is in effect.	13441

(b) As used in this section and in section 4511.212 of the	13442
Revised Code, "school" means any school chartered under section	13443
3301.16 of the Revised Code and any nonchartered school that	13444
during the preceding year filed with the department of education	13445
in compliance with rule 3301-35-08 of the Ohio Administrative	13446
Code, a copy of the school's report for the parents of the	13447
school's pupils certifying that the school meets Ohio minimum	13448
standards for nonchartered, nontax-supported schools and presents	13449
evidence of this filing to the jurisdiction from which it is	13450
requesting the establishment of a school zone. "School" also	13451
includes a special elementary school that in writing requests the	13452
county engineer of the county in which the special elementary	13453
school is located to create a school zone at the location of that	13454
school. Upon receipt of such a written request, the county	13455
engineer shall create a school zone at that location by erecting	13456
the appropriate signs.	13457

(c) As used in this section, "school zone" means that portion	13458
of a street or highway passing a school fronting upon the street	13459
or highway that is encompassed by projecting the school property	13460
lines to the fronting street or highway, and also includes that	13461
portion of a state highway. Upon request from local authorities	13462
for streets and highways under their jurisdiction and that portion	13463
of a state highway under the jurisdiction of the director of	13464
transportation or a request from a county engineer in the case of	13465
a school zone for a special elementary school, the director may	13466
extend the traditional school zone boundaries. The distances in	13467
divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not	13468
exceed three hundred feet per approach per direction and are	13469
bounded by whichever of the following distances or combinations	13470
thereof the director approves as most appropriate:	13471

(i) The distance encompassed by projecting the school	13472
building lines normal to the fronting highway and extending a	13473
distance of three hundred feet on each approach direction;	13474

(ii) The distance encompassed by projecting the school	13475
property lines intersecting the fronting highway and extending a	13476
distance of three hundred feet on each approach direction;	13477

(iii) The distance encompassed by the special marking of the	13478
pavement for a principal school pupil crosswalk plus a distance of	13479
three hundred feet on each approach direction of the highway.	13480

Nothing in this section shall be construed to invalidate the	13481
director's initial action on August 9, 1976, establishing all	13482
school zones at the traditional school zone boundaries defined by	13483
projecting school property lines, except when those boundaries are	13484
extended as provided in divisions (B)(1)(a) and (c) of this	13485
section.	13486

(d) As used in this division, "crosswalk" has the meaning	13487
given that term in division (LL)(2) of section 4511.01 of the	13488
Revised Code.	13489

The director may, upon request by resolution of the	13490
legislative authority of a municipal corporation, the board of	13491
trustees of a township, or a county board of ~~mental retardation~~	13492
~~and~~ developmental disabilities created pursuant to Chapter 5126.	13493
of the Revised Code, and upon submission by the municipal	13494
corporation, township, or county board of such engineering,	13495
traffic, and other information as the director considers	13496
necessary, designate a school zone on any portion of a state route	13497
lying within the municipal corporation, lying within the	13498
unincorporated territory of the township, or lying adjacent to the	13499
property of a school that is operated by such county board, that	13500
includes a crosswalk customarily used by children going to or	13501
leaving a school during recess and opening and closing hours,	13502
whenever the distance, as measured in a straight line, from the	13503
school property line nearest the crosswalk to the nearest point of	13504
the crosswalk is no more than one thousand three hundred twenty	13505
feet. Such a school zone shall include the distance encompassed by	13506
the crosswalk and extending three hundred feet on each approach	13507
direction of the state route.	13508

(e) As used in this section, "special elementary school"	13509
means a school that meets all of the following criteria:	13510

(i) It is not chartered and does not receive tax revenue from	13511
any source.	13512

(ii) It does not educate children beyond the eighth grade.

13513

(iii) It is located outside the limits of a municipal	13514
corporation.	13515

(iv) A majority of the total number of students enrolled at	13516
the school are not related by blood.	13517

(v) The principal or other person in charge of the special	13518
elementary school annually sends a report to the superintendent of	13519
the school district in which the special elementary school is	13520
located indicating the total number of students enrolled at the	13521
school, but otherwise the principal or other person in charge does	13522
not report any other information or data to the superintendent.	13523

(2) Twenty-five miles per hour in all other portions of a	13524
municipal corporation, except on state routes outside business	13525
districts, through highways outside business districts, and	13526
alleys;	13527

(3) Thirty-five miles per hour on all state routes or through	13528
highways within municipal corporations outside business districts,	13529
except as provided in divisions (B)(4) and (6) of this section;	13530

(4) Fifty miles per hour on controlled-access highways and	13531
expressways within municipal corporations;	13532

(5) Fifty-five miles per hour on highways outside municipal	13533
corporations, other than highways within island jurisdictions as	13534
provided in division (B)(8) of this section and freeways as	13535
provided in division (B)(13) of this section;	13536

(6) Fifty miles per hour on state routes within municipal	13537
corporations outside urban districts unless a lower prima-facie	13538
speed is established as further provided in this section;	13539

(7) Fifteen miles per hour on all alleys within the municipal	13540
corporation;	13541

(8) Thirty-five miles per hour on highways outside municipal	13542
corporations that are within an island jurisdiction;	13543

(9) Fifty-five miles per hour at all times on freeways with	13544
paved shoulders inside municipal corporations, other than freeways	13545
as provided in division (B)(13) of this section;	13546

(10) Fifty-five miles per hour at all times on freeways	13547
outside municipal corporations, other than freeways as provided in	13548
division (B)(13) of this section;	13549

(11) Fifty-five miles per hour at all times on all portions	13550
of freeways that are part of the interstate system and on all	13551
portions of freeways that are not part of the interstate system,	13552
but are built to the standards and specifications that are	13553
applicable to freeways that are part of the interstate system for	13554
operators of any motor vehicle weighing in excess of eight	13555
thousand pounds empty weight and any noncommercial bus;	13556

(12) Fifty-five miles per hour for operators of any motor	13557
vehicle weighing eight thousand pounds or less empty weight and	13558
any commercial bus at all times on all portions of freeways that	13559
are part of the interstate system and that had such a speed limit	13560
established prior to October 1, 1995, and freeways that are not	13561
part of the interstate system, but are built to the standards and	13562
specifications that are applicable to freeways that are part of	13563
the interstate system and that had such a speed limit established	13564
prior to October 1, 1995, unless a higher speed limit is	13565
established under division (L) of this section;	13566

(13) Sixty-five miles per hour for operators of any motor	13567
vehicle weighing eight thousand pounds or less empty weight and	13568
any commercial bus at all times on all portions of the following:	13569

(a) Freeways that are part of the interstate system and that	13570
had such a speed limit established prior to October 1, 1995, and	13571
freeways that are not part of the interstate system, but are built	13572
to the standards and specifications that are applicable to	13573
freeways that are part of the interstate system and that had such	13574
a speed limit established prior to October 1, 1995;	13575

(b) Freeways that are part of the interstate system and	13576
freeways that are not part of the interstate system but are built	13577
to the standards and specifications that are applicable to	13578
freeways that are part of the interstate system, and that had such	13579
a speed limit established under division (L) of this section;	13580

(c) Rural, divided, multi-lane highways that are designated	13581
as part of the national highway system under the "National Highway	13582
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,	13583
and that had such a speed limit established under division (M) of	13584
this section.	13585

(C) It is prima-facie unlawful for any person to exceed any	13586
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),	13587
(6), (7), and (8) of this section, or any declared pursuant to	13588
this section by the director or local authorities and it is	13589
unlawful for any person to exceed any of the speed limitations in	13590
division (D) of this section. No person shall be convicted of more	13591
than one violation of this section for the same conduct, although	13592
violations of more than one provision of this section may be	13593
charged in the alternative in a single affidavit.	13594

(D) No person shall operate a motor vehicle, trackless	13595
trolley, or streetcar upon a street or highway as follows:	13596

(1) At a speed exceeding fifty-five miles per hour, except	13597
upon a freeway as provided in division (B)(13) of this section;	13598

(2) At a speed exceeding sixty-five miles per hour upon a	13599
freeway as provided in division (B)(13) of this section except as	13600
otherwise provided in division (D)(3) of this section;	13601

(3) If a motor vehicle weighing in excess of eight thousand	13602
pounds empty weight or a noncommercial bus as prescribed in	13603
division (B)(11) of this section, at a speed exceeding fifty-five	13604
miles per hour upon a freeway as provided in that division;	13605

(4) At a speed exceeding the posted speed limit upon a	13606
freeway for which the director has determined and declared a speed	13607
limit of not more than sixty-five miles per hour pursuant to	13608
division (L)(2) or (M) of this section;	13609

(5) At a speed exceeding sixty-five miles per hour upon a	13610
freeway for which such a speed limit has been established through	13611
the operation of division (L)(3) of this section;	13612

(6) At a speed exceeding the posted speed limit upon a	13613
freeway for which the director has determined and declared a speed	13614
limit pursuant to division (I)(2) of this section.	13615

(E) In every charge of violation of this section the	13616
affidavit and warrant shall specify the time, place, and speed at	13617
which the defendant is alleged to have driven, and in charges made	13618
in reliance upon division (C) of this section also the speed which	13619
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit	13620
declared pursuant to, this section declares is prima-facie lawful	13621
at the time and place of such alleged violation, except that in	13622
affidavits where a person is alleged to have driven at a greater	13623
speed than will permit the person to bring the vehicle to a stop	13624
within the assured clear distance ahead the affidavit and warrant	13625
need not specify the speed at which the defendant is alleged to	13626
have driven.	13627

(F) When a speed in excess of both a prima-facie limitation	13628
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of	13629
this section is alleged, the defendant shall be charged in a	13630
single affidavit, alleging a single act, with a violation	13631
indicated of both division (B)(1)(a), (2), (3), (4), (6), (7), or	13632
(8) of this section, or of a limit declared pursuant to this	13633
section by the director or local authorities, and of the	13634
limitation in division (D)(1), (2), (3), (4), (5), or (6) of this	13635
section. If the court finds a violation of division (B)(1)(a),	13636
(2), (3), (4), (6), (7), or (8) of, or a limit declared pursuant	13637
to, this section has occurred, it shall enter a judgment of	13638
conviction under such division and dismiss the charge under	13639
division (D)(1), (2), (3), (4), (5), or (6) of this section. If it	13640
finds no violation of division (B)(1)(a), (2), (3), (4), (6), (7),	13641
or (8) of, or a limit declared pursuant to, this section, it shall	13642
then consider whether the evidence supports a conviction under	13643
division (D)(1), (2), (3), (4), (5), or (6) of this section.	13644

(G) Points shall be assessed for violation of a limitation	13645
under division (D) of this section in accordance with section	13646
4510.036 of the Revised Code.	13647

(H) Whenever the director determines upon the basis of a	13648
geometric and traffic characteristic study that any speed limit	13649
set forth in divisions (B)(1)(a) to (D) of this section is greater	13650
or less than is reasonable or safe under the conditions found to	13651
exist at any portion of a street or highway under the jurisdiction	13652
of the director, the director shall determine and declare a	13653
reasonable and safe prima-facie speed limit, which shall be	13654
effective when appropriate signs giving notice of it are erected	13655
at the location.	13656

(I)(1) Except as provided in divisions (I)(2) and (K) of this	13657
section, whenever local authorities determine upon the basis of an	13658
engineering and traffic investigation that the speed permitted by	13659
divisions (B)(1)(a) to (D) of this section, on any part of a	13660
highway under their jurisdiction, is greater than is reasonable	13661
and safe under the conditions found to exist at such location, the	13662
local authorities may by resolution request the director to	13663
determine and declare a reasonable and safe prima-facie speed	13664
limit. Upon receipt of such request the director may determine and	13665
declare a reasonable and safe prima-facie speed limit at such	13666
location, and if the director does so, then such declared speed	13667
limit shall become effective only when appropriate signs giving	13668
notice thereof are erected at such location by the local	13669
authorities. The director may withdraw the declaration of a	13670
prima-facie speed limit whenever in the director's opinion the	13671
altered prima-facie speed becomes unreasonable. Upon such	13672
withdrawal, the declared prima-facie speed shall become	13673
ineffective and the signs relating thereto shall be immediately	13674
removed by the local authorities.	13675

(2) A local authority may determine on the basis of a	13676
geometric and traffic characteristic study that the speed limit of	13677
sixty-five miles per hour on a portion of a freeway under its	13678
jurisdiction that was established through the operation of	13679
division (L)(3) of this section is greater than is reasonable or	13680
safe under the conditions found to exist at that portion of the	13681
freeway. If the local authority makes such a determination, the	13682
local authority by resolution may request the director to	13683
determine and declare a reasonable and safe speed limit of not	13684
less than fifty-five miles per hour for that portion of the	13685
freeway. If the director takes such action, the declared speed	13686
limit becomes effective only when appropriate signs giving notice	13687
of it are erected at such location by the local authority.	13688

(J) Local authorities in their respective jurisdictions may	13689
authorize by ordinance higher prima-facie speeds than those stated	13690
in this section upon through highways, or upon highways or	13691
portions thereof where there are no intersections, or between	13692
widely spaced intersections, provided signs are erected giving	13693
notice of the authorized speed, but local authorities shall not	13694
modify or alter the basic rule set forth in division (A) of this	13695
section or in any event authorize by ordinance a speed in excess	13696
of fifty miles per hour.	13697

Alteration of prima-facie limits on state routes by local	13698
authorities shall not be effective until the alteration has been	13699
approved by the director. The director may withdraw approval of	13700
any altered prima-facie speed limits whenever in the director's	13701
opinion any altered prima-facie speed becomes unreasonable, and	13702
upon such withdrawal, the altered prima-facie speed shall become	13703
ineffective and the signs relating thereto shall be immediately	13704
removed by the local authorities.	13705

(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this	13706
section, "unimproved highway" means a highway consisting of any of	13707
the following:	13708

(a) Unimproved earth;

13709

(b) Unimproved graded and drained earth;

13710

13711

(2) Except as otherwise provided in divisions (K)(4) and (5)	13712
of this section, whenever a board of township trustees determines	13713
upon the basis of an engineering and traffic investigation that	13714
the speed permitted by division (B)(5) of this section on any part	13715
of an unimproved highway under its jurisdiction and in the	13716
unincorporated territory of the township is greater than is	13717
reasonable or safe under the conditions found to exist at the	13718
location, the board may by resolution declare a reasonable and	13719
safe prima-facie speed limit of fifty-five but not less than	13720
twenty-five miles per hour. An altered speed limit adopted by a	13721
board of township trustees under this division becomes effective	13722
when appropriate traffic control devices, as prescribed in section	13723
4511.11 of the Revised Code, giving notice thereof are erected at	13724
the location, which shall be no sooner than sixty days after	13725
adoption of the resolution.	13726

(3)(a) Whenever, in the opinion of a board of township	13727
trustees, any altered prima-facie speed limit established by the	13728
board under this division becomes unreasonable, the board may	13729
adopt a resolution withdrawing the altered prima-facie speed	13730
limit. Upon the adoption of such a resolution, the altered	13731
prima-facie speed limit becomes ineffective and the traffic	13732
control devices relating thereto shall be immediately removed.	13733

(b) Whenever a highway ceases to be an unimproved highway and	13734
the board has adopted an altered prima-facie speed limit pursuant	13735
to division (K)(2) of this section, the board shall, by	13736
resolution, withdraw the altered prima-facie speed limit as soon	13737
as the highway ceases to be unimproved. Upon the adoption of such	13738
a resolution, the altered prima-facie speed limit becomes	13739
ineffective and the traffic control devices relating thereto shall	13740
be immediately removed.	13741

(4)(a) If the boundary of two townships rests on the	13742
centerline of an unimproved highway in unincorporated territory	13743
and both townships have jurisdiction over the highway, neither of	13744
the boards of township trustees of such townships may declare an	13745
altered prima-facie speed limit pursuant to division (K)(2) of	13746
this section on the part of the highway under their joint	13747
jurisdiction unless the boards of township trustees of both of the	13748
townships determine, upon the basis of an engineering and traffic	13749
investigation, that the speed permitted by division (B)(5) of this	13750
section is greater than is reasonable or safe under the conditions	13751
found to exist at the location and both boards agree upon a	13752
reasonable and safe prima-facie speed limit of less than	13753
fifty-five but not less than twenty-five miles per hour for that	13754
location. If both boards so agree, each shall follow the procedure	13755
specified in division (K)(2) of this section for altering the	13756
prima-facie speed limit on the highway. Except as otherwise	13757
provided in division (K)(4)(b) of this section, no speed limit	13758
altered pursuant to division (K)(4)(a) of this section may be	13759
withdrawn unless the boards of township trustees of both townships	13760
determine that the altered prima-facie speed limit previously	13761
adopted becomes unreasonable and each board adopts a resolution	13762
withdrawing the altered prima-facie speed limit pursuant to the	13763
procedure specified in division (K)(3)(a) of this section.	13764

(b) Whenever a highway described in division (K)(4)(a) of	13765
this section ceases to be an unimproved highway and two boards of	13766
township trustees have adopted an altered prima-facie speed limit	13767
pursuant to division (K)(4)(a) of this section, both boards shall,	13768
by resolution, withdraw the altered prima-facie speed limit as	13769
soon as the highway ceases to be unimproved. Upon the adoption of	13770
the resolution, the altered prima-facie speed limit becomes	13771
ineffective and the traffic control devices relating thereto shall	13772
be immediately removed.	13773

(5) As used in division (K)(5) of this section:

13774

(a) "Commercial subdivision" means any platted territory	13775
outside the limits of a municipal corporation and fronting a	13776
highway where, for a distance of three hundred feet or more, the	13777
frontage is improved with buildings in use for commercial	13778
purposes, or where the entire length of the highway is less than	13779
three hundred feet long and the frontage is improved with	13780
buildings in use for commercial purposes.	13781

(b) "Residential subdivision" means any platted territory	13782
outside the limits of a municipal corporation and fronting a	13783
highway, where, for a distance of three hundred feet or more, the	13784
frontage is improved with residences or residences and buildings	13785
in use for business, or where the entire length of the highway is	13786
less than three hundred feet long and the frontage is improved	13787
with residences or residences and buildings in use for business.	13788

Whenever a board of township trustees finds upon the basis of	13789
an engineering and traffic investigation that the prima-facie	13790
speed permitted by division (B)(5) of this section on any part of	13791
a highway under its jurisdiction that is located in a commercial	13792
or residential subdivision, except on highways or portions thereof	13793
at the entrances to which vehicular traffic from the majority of	13794
intersecting highways is required to yield the right-of-way to	13795
vehicles on such highways in obedience to stop or yield signs or	13796
traffic control signals, is greater than is reasonable and safe	13797
under the conditions found to exist at the location, the board may	13798
by resolution declare a reasonable and safe prima-facie speed	13799
limit of less than fifty-five but not less than twenty-five miles	13800
per hour at the location. An altered speed limit adopted by a	13801
board of township trustees under this division shall become	13802
effective when appropriate signs giving notice thereof are erected	13803
at the location by the township. Whenever, in the opinion of a	13804
board of township trustees, any altered prima-facie speed limit	13805
established by it under this division becomes unreasonable, it may	13806
adopt a resolution withdrawing the altered prima-facie speed, and	13807
upon such withdrawal, the altered prima-facie speed shall become	13808
ineffective, and the signs relating thereto shall be immediately	13809
removed by the township.	13810

(L)(1) Within one hundred twenty days of February 29, 1996,	13811
the director of transportation, based upon a geometric and traffic	13812
characteristic study of a freeway that is part of the interstate	13813
system or that is not part of the interstate system, but is built	13814
to the standards and specifications that are applicable to	13815
freeways that are part of the interstate system, in consultation	13816
with the director of public safety and, if applicable, the local	13817
authority having jurisdiction over a portion of such freeway, may	13818
determine and declare that the speed limit of less than sixty-five	13819
miles per hour established on such freeway or portion of freeway	13820
either is reasonable and safe or is less than that which is	13821
reasonable and safe.	13822

(2) If the established speed limit for such a freeway or	13823
portion of freeway is determined to be less than that which is	13824
reasonable and safe, the director of transportation, in	13825
consultation with the director of public safety and, if	13826
applicable, the local authority having jurisdiction over the	13827
portion of freeway, shall determine and declare a reasonable and	13828
safe speed limit of not more than sixty-five miles per hour for	13829
that freeway or portion of freeway.	13830

The director of transportation or local authority having	13831
jurisdiction over the freeway or portion of freeway shall erect	13832
appropriate signs giving notice of the speed limit at such	13833
location within one hundred fifty days of February 29, 1996. Such	13834
speed limit becomes effective only when such signs are erected at	13835
the location.	13836

(3) If, within one hundred twenty days of February 29, 1996,	13837
the director of transportation does not make a determination and	13838
declaration of a reasonable and safe speed limit for a freeway or	13839
portion of freeway that is part of the interstate system or that	13840
is not part of the interstate system, but is built to the	13841
standards and specifications that are applicable to freeways that	13842
are part of the interstate system and that has a speed limit of	13843
less than sixty-five miles per hour, the speed limit on that	13844
freeway or portion of a freeway shall be sixty-five miles per	13845
hour. The director of transportation or local authority having	13846
jurisdiction over the freeway or portion of the freeway shall	13847
erect appropriate signs giving notice of the speed limit of	13848
sixty-five miles per hour at such location within one hundred	13849
fifty days of February 29, 1996. Such speed limit becomes	13850
effective only when such signs are erected at the location. A	13851
speed limit established through the operation of division (L)(3)	13852
of this section is subject to reduction under division (I)(2) of	13853
this section.	13854

(M) Within three hundred sixty days after February 29, 1996,	13855
the director of transportation, based upon a geometric and traffic	13856
characteristic study of a rural, divided, multi-lane highway that	13857
has been designated as part of the national highway system under	13858
the "National Highway System Designation Act of 1995," 109 Stat.	13859
568, 23 U.S.C.A. 103, in consultation with the director of public	13860
safety and, if applicable, the local authority having jurisdiction	13861
over a portion of the highway, may determine and declare that the	13862
speed limit of less than sixty-five miles per hour established on	13863
the highway or portion of highway either is reasonable and safe or	13864
is less than that which is reasonable and safe.	13865

If the established speed limit for the highway or portion of	13866
highway is determined to be less than that which is reasonable and	13867
safe, the director of transportation, in consultation with the	13868
director of public safety and, if applicable, the local authority	13869
having jurisdiction over the portion of highway, shall determine	13870
and declare a reasonable and safe speed limit of not more than	13871
sixty-five miles per hour for that highway or portion of highway.	13872
The director of transportation or local authority having	13873
jurisdiction over the highway or portion of highway shall erect	13874
appropriate signs giving notice of the speed limit at such	13875
location within three hundred ninety days after February 29, 1996.	13876
The speed limit becomes effective only when such signs are erected	13877
at the location.	13878

(N)(1)(a) If the boundary of two local authorities rests on	13879
the centerline of a highway and both authorities have jurisdiction	13880
over the highway, the speed limit for the part of the highway	13881
within their joint jurisdiction shall be either one of the	13882
following as agreed to by both authorities:	13883

(i) Either prima-facie speed limit permitted by division (B)	13884
of this section;	13885

(ii) An altered speed limit determined and posted in	13886
accordance with this section.	13887

(b) If the local authorities are unable to reach an	13888
agreement, the speed limit shall remain as established and posted	13889
under this section.	13890

(2) Neither local authority may declare an altered	13891
prima-facie speed limit pursuant to this section on the part of	13892
the highway under their joint jurisdiction unless both of the	13893
local authorities determine, upon the basis of an engineering and	13894
traffic investigation, that the speed permitted by this section is	13895
greater than is reasonable or safe under the conditions found to	13896
exist at the location and both authorities agree upon a uniform	13897
reasonable and safe prima-facie speed limit of less than	13898
fifty-five but not less than twenty-five miles per hour for that	13899
location. If both authorities so agree, each shall follow the	13900
procedure specified in this section for altering the prima-facie	13901
speed limit on the highway, and the speed limit for the part of	13902
the highway within their joint jurisdiction shall be uniformly	13903
altered. No altered speed limit may be withdrawn unless both local	13904
authorities determine that the altered prima-facie speed limit	13905
previously adopted becomes unreasonable and each adopts a	13906
resolution withdrawing the altered prima-facie speed limit	13907
pursuant to the procedure specified in this section.	13908

(O) As used in this section:

13909

(1) "Interstate system" has the same meaning as in 23	13910
U.S.C.A. 101.	13911

(2) "Commercial bus" means a motor vehicle designed for	13912
carrying more than nine passengers and used for the transportation	13913
of persons for compensation.	13914

(3) "Noncommercial bus" includes but is not limited to a	13915
school bus or a motor vehicle operated solely for the	13916
transportation of persons associated with a charitable or	13917
nonprofit organization.	13918

(P)(1) A violation of any provision of this section is one of	13919
the following:	13920

(a) Except as otherwise provided in divisions (P)(1)(b),	13921
(1)(c), (2), and (3) of this section, a minor misdemeanor;	13922

(b) If, within one year of the offense, the offender	13923
previously has been convicted of or pleaded guilty to two	13924
violations of any provision of this section or of any provision of	13925
a municipal ordinance that is substantially similar to any	13926
provision of this section, a misdemeanor of the fourth degree;	13927

(c) If, within one year of the offense, the offender	13928
previously has been convicted of or pleaded guilty to three or	13929
more violations of any provision of this section or of any	13930
provision of a municipal ordinance that is substantially similar	13931
to any provision of this section, a misdemeanor of the third	13932
degree.	13933

(2) If the offender has not previously been convicted of or	13934
pleaded guilty to a violation of any provision of this section or	13935
of any provision of a municipal ordinance that is substantially	13936
similar to this section and operated a motor vehicle faster than	13937
thirty-five miles an hour in a business district of a municipal	13938
corporation, faster than fifty miles an hour in other portions of	13939
a municipal corporation, or faster than thirty-five miles an hour	13940
in a school zone during recess or while children are going to or	13941
leaving school during the school's opening or closing hours, a	13942
misdemeanor of the fourth degree.	13943

(3) Notwithstanding division (P)(1) of this section, if the	13944
offender operated a motor vehicle in a construction zone where a	13945
sign was then posted in accordance with section 4511.98 of the	13946
Revised Code, the court, in addition to all other penalties	13947
provided by law, shall impose upon the offender a fine of two	13948
times the usual amount imposed for the violation. No court shall	13949
impose a fine of two times the usual amount imposed for the	13950
violation upon an offender if the offender alleges, in an	13951
affidavit filed with the court prior to the offender's sentencing,	13952
that the offender is indigent and is unable to pay the fine	13953
imposed pursuant to this division and if the court determines that	13954
the offender is an indigent person and unable to pay the fine.	13955

Sec. 4511.75. (A) The driver of a vehicle, streetcar, or	13956
trackless trolley upon meeting or overtaking from either direction	13957
any school bus stopped for the purpose of receiving or discharging	13958
any school child, person attending programs offered by community	13959
boards of mental health and county boards of ~~mental retardation~~	13960
~~and~~ developmental disabilities, or child attending a program	13961
offered by a head start agency, shall stop at least ten feet from	13962
the front or rear of the school bus and shall not proceed until	13963
such school bus resumes motion, or until signaled by the school	13964
bus driver to proceed.	13965

It is no defense to a charge under this division that the	13966
school bus involved failed to display or be equipped with an	13967
automatically extended stop warning sign as required by division	13968
(B) of this section.	13969

(B) Every school bus shall be equipped with amber and red	13970
visual signals meeting the requirements of section 4511.771 of the	13971
Revised Code, and an automatically extended stop warning sign of a	13972
type approved by the state board of education, which shall be	13973
actuated by the driver of the bus whenever but only whenever the	13974
bus is stopped or stopping on the roadway for the purpose of	13975
receiving or discharging school children, persons attending	13976
programs offered by community boards of mental health and county	13977
boards of ~~mental retardation and~~ developmental disabilities, or	13978
children attending programs offered by head start agencies. A	13979
school bus driver shall not actuate the visual signals or the stop	13980
warning sign in designated school bus loading areas where the bus	13981
is entirely off the roadway or at school buildings when children	13982
or persons attending programs offered by community boards of	13983
mental health and county boards of ~~mental retardation and~~	13984
developmental disabilities are loading or unloading at curbside or	13985
at buildings when children attending programs offered by head	13986
start agencies are loading or unloading at curbside. The visual	13987
signals and stop warning sign shall be synchronized or otherwise	13988
operated as required by rule of the board.	13989

(C) Where a highway has been divided into four or more	13990
traffic lanes, a driver of a vehicle, streetcar, or trackless	13991
trolley need not stop for a school bus approaching from the	13992
opposite direction which has stopped for the purpose of receiving	13993
or discharging any school child, persons attending programs	13994
offered by community boards of mental health and county boards of	13995
~~mental retardation and~~ developmental disabilities, or children	13996
attending programs offered by head start agencies. The driver of	13997
any vehicle, streetcar, or trackless trolley overtaking the school	13998
bus shall comply with division (A) of this section.	13999

(D) School buses operating on divided highways or on highways	14000
with four or more traffic lanes shall receive and discharge all	14001
school children, persons attending programs offered by community	14002
boards of mental health and county boards of ~~mental retardation~~	14003
~~and~~ developmental disabilities, and children attending programs	14004
offered by head start agencies on their residence side of the	14005
highway.	14006

(E) No school bus driver shall start the driver's bus until	14007
after any child, person attending programs offered by community	14008
boards of mental health and county boards of ~~mental retardation~~	14009
~~and~~ developmental disabilities, or child attending a program	14010
offered by a head start agency who may have alighted therefrom has	14011
reached a place of safety on the child's or person's residence	14012
side of the road.	14013

(F)(1) Whoever violates division (A) of this section may be	14014
fined an amount not to exceed five hundred dollars. A person who	14015
is issued a citation for a violation of division (A) of this	14016
section is not permitted to enter a written plea of guilty and	14017
waive the person's right to contest the citation in a trial but	14018
instead must appear in person in the proper court to answer the	14019
charge.	14020

(2) In addition to and independent of any other penalty	14021
provided by law, the court or mayor may impose upon an offender	14022
who violates this section a class seven suspension of the	14023
offender's driver's license, commercial driver's license,	14024
temporary instruction permit, probationary license, or nonresident	14025
operating privilege from the range specified in division (A)(7) of	14026
section 4510.02 of the Revised Code. When a license is suspended	14027
under this section, the court or mayor shall cause the offender to	14028
deliver the license to the court, and the court or clerk of the	14029
court immediately shall forward the license to the registrar of	14030
motor vehicles, together with notice of the court's action.	14031

(G) As used in this section:

14032

(1) "Head start agency" has the same meaning as in section	14033
3301.32 of the Revised Code.	14034

(2) "School bus," as used in relation to children who attend	14035
a program offered by a head start agency, means a bus that is	14036
owned and operated by a head start agency, is equipped with an	14037
automatically extended stop warning sign of a type approved by the	14038
state board of education, is painted the color and displays the	14039
markings described in section 4511.77 of the Revised Code, and is	14040
equipped with amber and red visual signals meeting the	14041
requirements of section 4511.771 of the Revised Code, irrespective	14042
of whether or not the bus has fifteen or more children aboard at	14043
any time. "School bus" does not include a van owned and operated	14044
by a head start agency, irrespective of its color, lights, or	14045
markings.	14046

Sec. 4723.071. (A) As used in this section, "health-related	14047
activities," "MR/DD personnel," "prescribed medication," and "tube	14048
feeding" have the same meanings as in section 5123.41 of the	14049
Revised Code.	14050

(B) The board of nursing shall adopt rules as it considers	14051
necessary to govern nursing delegation as it applies to MR/DD	14052
personnel who administer prescribed medications, perform	14053
health-related activities, and perform tube feedings pursuant to	14054
the authority granted under section 5123.42 of the Revised Code.	14055
The board shall not establish in the rules any requirement that is	14056
inconsistent with the authority of MR/DD personnel granted under	14057
that section. The rules shall be adopted in accordance with	14058
Chapter 119. of the Revised Code.	14059

(C) The board of nursing may accept complaints from any	14060
person or government entity regarding the performance or	14061
qualifications of MR/DD personnel who administer prescribed	14062
medications, perform health-related activities, and perform tube	14063
feedings pursuant to the authority granted under section 5123.42	14064
of the Revised Code. The board shall refer all complaints received	14065
to the department of ~~mental retardation and~~ developmental	14066
disabilities. The board may participate in an investigation of a	14067
complaint being conducted by the department under section 5123.421	14068
of the Revised Code.	14069

Sec. 5101.35. (A) As used in this section:

14070

(1) "Agency" means the following entities that administer a	14071
family services program:	14072

(a) The department of job and family services;

14073

(b) A county department of job and family services;

14074

14075

(d) A private or government entity administering, in whole or	14076
in part, a family services program for or on behalf of the	14077
department of job and family services or a county department of	14078
job and family services or public children services agency.	14079

(2) "Appellant" means an applicant, participant, former	14080
participant, recipient, or former recipient of a family services	14081
program who is entitled by federal or state law to a hearing	14082
regarding a decision or order of the agency that administers the	14083
program.	14084

(3) "Family services program" means assistance provided under	14085
a Title IV-A program as defined in section 5101.80 of the Revised	14086
Code or under Chapter 5104., 5111., or 5115. or section 173.35,	14087
5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or 5153.165 of the	14088
Revised Code, other than assistance provided under section 5101.46	14089
of the Revised Code by the department of mental health, the	14090
department of ~~mental retardation and~~ developmental disabilities, a	14091
board of alcohol, drug addiction, and mental health services, or a	14092
county board of ~~mental retardation and~~ developmental disabilities.	14093

(B) Except as provided by divisions (G) and (H) of this	14094
section, an appellant who appeals under federal or state law a	14095
decision or order of an agency administering a family services	14096
program shall, at the appellant's request, be granted a state	14097
hearing by the department of job and family services. This state	14098
hearing shall be conducted in accordance with rules adopted under	14099
this section. The state hearing shall be recorded, but neither the	14100
recording nor a transcript of the recording shall be part of the	14101
official record of the proceeding. A state hearing decision is	14102
binding upon the agency and department, unless it is reversed or	14103
modified on appeal to the director of job and family services or a	14104
court of common pleas.	14105

(C) Except as provided by division (G) of this section, an	14106
appellant who disagrees with a state hearing decision may make an	14107
administrative appeal to the director of job and family services	14108
in accordance with rules adopted under this section. This	14109
administrative appeal does not require a hearing, but the director	14110
or the director's designee shall review the state hearing decision	14111
and previous administrative action and may affirm, modify, remand,	14112
or reverse the state hearing decision. Any person designated to	14113
make an administrative appeal decision on behalf of the director	14114
shall have been admitted to the practice of law in this state. An	14115
administrative appeal decision is the final decision of the	14116
department and is binding upon the department and agency, unless	14117
it is reversed or modified on appeal to the court of common pleas.	14118

(D) An agency shall comply with a decision issued pursuant to	14119
division (B) or (C) of this section within the time limits	14120
established by rules adopted under this section. If a county	14121
department of job and family services or a public children	14122
services agency fails to comply within these time limits, the	14123
department may take action pursuant to section 5101.24 of the	14124
Revised Code. If another agency fails to comply within the time	14125
limits, the department may force compliance by withholding funds	14126
due the agency or imposing another sanction established by rules	14127
adopted under this section.	14128

(E) An appellant who disagrees with an administrative appeal	14129
decision of the director of job and family services or the	14130
director's designee issued under division (C) of this section may	14131
appeal from the decision to the court of common pleas pursuant to	14132
section 119.12 of the Revised Code. The appeal shall be governed	14133
by section 119.12 of the Revised Code except that:	14134

(1) The person may appeal to the court of common pleas of the	14135
county in which the person resides, or to the court of common	14136
pleas of Franklin county if the person does not reside in this	14137
state.	14138

(2) The person may apply to the court for designation as an	14139
indigent and, if the court grants this application, the appellant	14140
shall not be required to furnish the costs of the appeal.	14141

(3) The appellant shall mail the notice of appeal to the	14142
department of job and family services and file notice of appeal	14143
with the court within thirty days after the department mails the	14144
administrative appeal decision to the appellant. For good cause	14145
shown, the court may extend the time for mailing and filing notice	14146
of appeal, but such time shall not exceed six months from the date	14147
the department mails the administrative appeal decision. Filing	14148
notice of appeal with the court shall be the only act necessary to	14149
vest jurisdiction in the court.	14150

(4) The department shall be required to file a transcript of	14151
the testimony of the state hearing with the court only if the	14152
court orders the department to file the transcript. The court	14153
shall make such an order only if it finds that the department and	14154
the appellant are unable to stipulate to the facts of the case and	14155
that the transcript is essential to a determination of the appeal.	14156
The department shall file the transcript not later than thirty	14157
days after the day such an order is issued.	14158

(F) The department of job and family services shall adopt	14159
rules in accordance with Chapter 119. of the Revised Code to	14160
implement this section, including rules governing the following:	14161

(1) State hearings under division (B) of this section. The	14162
rules shall include provisions regarding notice of eligibility	14163
termination and the opportunity of an appellant appealing a	14164
decision or order of a county department of job and family	14165
services to request a county conference with the county department	14166
before the state hearing is held.	14167

(2) Administrative appeals under division (C) of this	14168
section;	14169

(3) Time limits for complying with a decision issued under	14170
division (B) or (C) of this section;	14171

(4) Sanctions that may be applied against an agency under	14172
division (D) of this section.	14173

(G) The department of job and family services may adopt rules	14174
in accordance with Chapter 119. of the Revised Code establishing	14175
an appeals process for an appellant who appeals a decision or	14176
order regarding a Title IV-A program identified under division	14177
(A)(4)(c), (d), (e), or (f) of section 5101.80 of the Revised Code	14178
that is different from the appeals process established by this	14179
section. The different appeals process may include having a state	14180
agency that administers the Title IV-A program pursuant to an	14181
interagency agreement entered into under section 5101.801 of the	14182
Revised Code administer the appeals process.	14183

(H) If an appellant receiving medicaid through a health	14184
insuring corporation that holds a certificate of authority under	14185
Chapter 1751. of the Revised Code is appealing a denial of	14186
medicaid services based on lack of medical necessity or other	14187
clinical issues regarding coverage by the health insuring	14188
corporation, the person hearing the appeal may order an	14189
independent medical review if that person determines that a review	14190
is necessary. The review shall be performed by a health care	14191
professional with appropriate clinical expertise in treating the	14192
recipient's condition or disease. The department shall pay the	14193
costs associated with the review.	14194

A review ordered under this division shall be part of the	14195
record of the hearing and shall be given appropriate evidentiary	14196
consideration by the person hearing the appeal.	14197

(I) The requirements of Chapter 119. of the Revised Code	14198
apply to a state hearing or administrative appeal under this	14199
section only to the extent, if any, specifically provided by rules	14200
adopted under this section.	14201

Sec. 5101.46. (A) As used in this section:

14202

(1) "Title XX" means Title XX of the "Social Security Act,"	14203
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	14204

(2) "Respective local agency" means, with respect to the	14205
department of job and family services, a county department of job	14206
and family services; with respect to the department of mental	14207
health, a board of alcohol, drug addiction, and mental health	14208
services; and with respect to the department of ~~mental retardation~~	14209
~~and~~ developmental disabilities, a county board of ~~mental~~	14210
~~retardation and~~ developmental disabilities.	14211

(3) "Federal poverty guidelines" means the poverty guidelines	14212
as revised annually by the United States department of health and	14213
human services in accordance with section 673(2) of the "Omnibus	14214
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	14215
9902, as amended, for a family size equal to the size of the	14216
family of the person whose income is being determined.	14217

(B) The departments of job and family services, mental	14218
health, and ~~mental retardation and~~ developmental disabilities,	14219
with their respective local agencies, shall administer the	14220
provision of social services funded through grants made under	14221
Title XX. The social services furnished with Title XX funds shall	14222
be directed at the following goals:	14223

(1) Achieving or maintaining economic self-support to	14224
prevent, reduce, or eliminate dependency;	14225

(2) Achieving or maintaining self-sufficiency, including	14226
reduction or prevention of dependency;	14227

(3) Preventing or remedying neglect, abuse, or exploitation	14228
of children and adults unable to protect their own interests, or	14229
preserving, rehabilitating, or reuniting families;	14230

(4) Preventing or reducing inappropriate institutional care	14231
by providing for community-based care, home-based care, or other	14232
forms of less intensive care;	14233

(5) Securing referral or admission for institutional care	14234
when other forms of care are not appropriate, or providing	14235
services to individuals in institutions.	14236

(C)(1) All federal funds received under Title XX shall be	14237
appropriated as follows:	14238

(a) Seventy-two and one-half per cent to the department of	14239
job and family services;	14240

(b) Twelve and ninety-three one-hundreths per cent to the	14241
department of mental health;	14242

(c) Fourteen and fifty-seven one-hundreths per cent to the	14243
department of ~~mental retardation and~~ developmental disabilities.	14244

(2) Each state department shall, subject to the approval of	14245
the controlling board, develop formulas for the distribution of	14246
their Title XX appropriations to their respective local agencies.	14247
The formulas shall take into account the total population of the	14248
area that is served by the agency, the percentage of the	14249
population in the area that falls below the federal poverty	14250
guidelines, and the agency's history of and ability to utilize	14251
Title XX funds.	14252

(3) Each of the state departments shall expend no more than	14253
three per cent of its Title XX appropriation for state	14254
administrative costs. Each of the department's respective local	14255
agencies shall expend no more than fourteen per cent of its Title	14256
XX appropriation for local administrative costs.	14257

(4) The department of job and family services shall expend no	14258
more than two per cent of its Title XX appropriation for the	14259
training of the following:	14260

(a) Employees of county departments of job and family	14261
services;	14262

(b) Providers of services under contract with the state	14263
departments' respective local agencies;	14264

(c) Employees of a public children services agency directly	14265
engaged in providing Title XX services.	14266

(D) The department of job and family services shall prepare a	14267
biennial comprehensive Title XX social services plan on the	14268
intended use of Title XX funds. The department shall develop a	14269
method for obtaining public comment during the development of the	14270
plan and following its completion.	14271

For each state fiscal year, the department of job and family	14272
services shall prepare a report on the actual use of Title XX	14273
funds. The department shall make the annual report available for	14274
public inspection.	14275

The departments of mental health and ~~mental retardation and~~	14276
developmental disabilities shall prepare and submit to the	14277
department of job and family services the portions of each	14278
biennial plan and annual report that apply to services for mental	14279
health and mental retardation and developmental disabilities. Each	14280
respective local agency of the three state departments shall	14281
submit information as necessary for the preparation of biennial	14282
plans and annual reports.	14283

(E) Each county department shall adopt a county profile for	14284
the administration and provision of Title XX social services in	14285
the county. In developing its county profile, the county	14286
department shall take into consideration the comments and	14287
recommendations received from the public by the county family	14288
services planning committee pursuant to section 329.06 of the	14289
Revised Code. As part of its preparation of the county profile,	14290
the county department may prepare a local needs report analyzing	14291
the need for Title XX social services.	14292

The county department shall submit the county profile to the	14293
board of county commissioners for its review. Once the county	14294
profile has been approved by the board, the county department	14295
shall file a copy of the county profile with the department of job	14296
and family services. The department shall approve the county	14297
profile if the department determines the profile provides for the	14298
Title XX social services to meet the goals specified in division	14299
(B) of this section.	14300

(F) Any of the three state departments and their respective	14301
local agencies may require that an entity under contract to	14302
provide social services with Title XX funds submit to an audit on	14303
the basis of alleged misuse or improper accounting of funds. If an	14304
audit is required, the social services provider shall reimburse	14305
the state department or local agency for the cost it incurred in	14306
conducting the audit or having the audit conducted.	14307

If an audit demonstrates that a social services provider is	14308
responsible for one or more adverse findings, the provider shall	14309
reimburse the appropriate state department or its respective local	14310
agency the amount of the adverse findings. The amount shall not be	14311
reimbursed with Title XX funds received under this section. The	14312
three state departments and their respective local agencies may	14313
terminate or refuse to enter into a Title XX contract with a	14314
social services provider if there are adverse findings in an audit	14315
that are the responsibility of the provider.	14316

(G) The department of job and family services may adopt rules	14317
to implement and carry out the purposes of this section. Rules	14318
governing financial and operational matters of the department or	14319
matters between the department and county departments of job and	14320
family services shall be adopted as internal management rules in	14321
accordance with section 111.15 of the Revised Code. Rules	14322
governing eligibility for services, program participation, and	14323
other matters pertaining to applicants and participants shall be	14324
adopted in accordance with Chapter 119. of the Revised Code.	14325

Sec. 5101.611. If a county department of job and family	14326
services knows or has reasonable cause to believe that the subject	14327
of a report made under section 5101.61 or of an investigation	14328
conducted under sections 5101.62 to 5101.64 or on the initiative	14329
of the department is mentally retarded or developmentally disabled	14330
as defined in section 5126.01 of the Revised Code, the department	14331
shall refer the case to the county board of ~~mental retardation and~~	14332
developmental disabilities of that county for review pursuant to	14333
section 5126.31 of the Revised Code.	14334

If a county board of ~~mental retardation and~~ developmental	14335
disabilities refers a case to the county department of job and	14336
family services in accordance with section 5126.31, the department	14337
shall proceed with the case in accordance with sections 5101.60 to	14338
5101.71 of the Revised Code.	14339

Sec. 5103.02. As used in sections 5103.03 to 5103.17 of the	14340
Revised Code:	14341

(A) "Association" or "institution" includes any incorporated	14342
or unincorporated organization, society, association, or agency,	14343
public or private, that receives or cares for children for two or	14344
more consecutive weeks; any individual, including the operator of	14345
a foster home, who, for hire, gain, or reward, receives or cares	14346
for children for two or more consecutive weeks, unless the	14347
individual is related to them by blood or marriage; and any	14348
individual not in the regular employ of a court, or of an	14349
institution or association certified in accordance with section	14350
5103.03 of the Revised Code, who in any manner becomes a party to	14351
the placing of children in foster homes, unless the individual is	14352
related to such children by blood or marriage, or is the appointed	14353
guardian of such children; provided, that any organization,	14354
society, association, school, agency, child guidance center,	14355
detention or rehabilitation facility, or children's clinic	14356
licensed, regulated, approved, operated under the direction of, or	14357
otherwise certified by the department of education, a local board	14358
of education, the department of youth services, the department of	14359
mental health, or the department of ~~mental retardation and~~	14360
developmental disabilities, or any individual who provides care	14361
for only a single-family group, placed there by their parents or	14362
other relative having custody, shall not be considered as being	14363
within the purview of these sections.	14364

(B) "Family foster home" means a foster home that is not a	14365
specialized foster home.	14366

(C) "Foster caregiver" means a person holding a valid foster	14367
home certificate issued under section 5103.03 of the Revised Code.	14368

(D) "Foster home" means a private residence in which children	14369
are received apart from their parents, guardian, or legal	14370
custodian, by an individual reimbursed for providing the children	14371
nonsecure care, supervision, or training twenty-four hours a day.	14372
"Foster home" does not include care provided for a child in the	14373
home of a person other than the child's parent, guardian, or legal	14374
custodian while the parent, guardian, or legal custodian is	14375
temporarily away. Family foster homes and specialized foster homes	14376
are types of foster homes.	14377

(E) "Medically fragile foster home" means a foster home that	14378
provides specialized medical services designed to meet the needs	14379
of children with intensive health care needs who meet all of the	14380
following criteria:	14381

(1) Under rules adopted by the department of job and family	14382
services governing payment under Chapter 5111. of the Revised Code	14383
for long-term care services, the children require a skilled level	14384
of care.	14385

(2) The children require the services of a doctor of medicine	14386
or osteopathic medicine at least once a week due to the	14387
instability of their medical conditions.	14388

(3) The children require the services of a registered nurse	14389
on a daily basis.	14390

(4) The children are at risk of institutionalization in a	14391
hospital, skilled nursing facility, or intermediate care facility	14392
for the mentally retarded.	14393

(F) "Recommending agency" means a public children services	14394
agency, private child placing agency, or private noncustodial	14395
agency that recommends that the department of job and family	14396
services take any of the following actions under section 5103.03	14397
of the Revised Code regarding a foster home:	14398

(1) Issue a certificate;

14399

(2) Deny a certificate;

14400

(3) Renew a certificate;

14401

(4) Deny renewal of a certificate;

14402

(5) Revoke a certificate.

14403

(G) "Specialized foster home" means a medically fragile	14404
foster home or a treatment foster home.	14405

(H) "Treatment foster home" means a foster home that	14406
incorporates special rehabilitative services designed to treat the	14407
specific needs of the children received in the foster home and	14408
that receives and cares for children who are emotionally or	14409
behaviorally disturbed, chemically dependent, mentally retarded,	14410
developmentally disabled, or who otherwise have exceptional needs.	14411

Sec. 5103.13. (A) As used in this section and section	14412
5103.131 of the Revised Code:	14413

(1)(a) "Children's crisis care facility" means a facility	14414
that has as its primary purpose the provision of residential and	14415
other care to either or both of the following:	14416

(i) One or more preteens voluntarily placed in the facility	14417
by the preteen's parent or other caretaker who is facing a crisis	14418
that causes the parent or other caretaker to seek temporary care	14419
for the preteen and referral for support services;	14420

(ii) One or more preteens placed in the facility by a public	14421
children services agency or private child placing agency that has	14422
legal custody or permanent custody of the preteen and determines	14423
that an emergency situation exists necessitating the preteen's	14424
placement in the facility rather than an institution certified	14425
under section 5103.03 of the Revised Code or elsewhere.	14426

(b) "Children's crisis care facility" does not include either	14427
of the following:	14428

(i) Any organization, society, association, school, agency,	14429
child guidance center, detention or rehabilitation facility, or	14430
children's clinic licensed, regulated, approved, operated under	14431
the direction of, or otherwise certified by the department of	14432
education, a local board of education, the department of youth	14433
services, the department of mental health, or the department of	14434
~~mental retardation and~~ developmental disabilities;	14435

(ii) Any individual who provides care for only a	14436
single-family group, placed there by their parents or other	14437
relative having custody.	14438

(2) "Legal custody" and "permanent custody" have the same	14439
meanings as in section 2151.011 of the Revised Code.	14440

(3) "Preteen" means an individual under thirteen years of	14441
age.	14442

(B) No person shall operate a children's crisis care facility	14443
or hold a children's crisis care facility out as a certified	14444
children's crisis care facility unless there is a valid children's	14445
crisis care facility certificate issued under this section for the	14446
facility.	14447

(C) A person seeking to operate a children's crisis care	14448
facility shall apply to the director of job and family services to	14449
obtain a certificate for the facility. The director shall certify	14450
the person's children's crisis care facility if the facility meets	14451
all of the certification standards established in rules adopted	14452
under division (F) of this section and the person complies with	14453
all of the rules governing the certification of children's crisis	14454
care facilities adopted under that division. The issuance of a	14455
children's crisis care facility certificate does not exempt the	14456
facility from a requirement to obtain another certificate or	14457
license mandated by law.	14458

(D)(1) No certified children's crisis care facility shall do	14459
any of the following:	14460

(a) Provide residential care to a preteen for more than one	14461
hundred twenty days in a calendar year;	14462

(b) Subject to division (D)(1)(c) of this section and except	14463
as provided in division (D)(2) of this section, provide	14464
residential care to a preteen for more than sixty consecutive	14465
days;	14466

(c) Except as provided in division (D)(3) of this section,	14467
provide residential care to a preteen for more than seventy-two	14468
consecutive hours if a public children services agency or private	14469
child placing agency placed the preteen in the facility;	14470

(d) Fail to comply with section 2151.86 of the Revised Code.

14471

(2) A certified children's crisis care facility may provide	14472
residential care to a preteen for up to ninety consecutive days,	14473
other than a preteen placed in the facility by a public children	14474
services agency or private child placing agency, if any of the	14475
following are the case:	14476

(a) The preteen's parent or other caretaker is enrolled in an	14477
alcohol and drug addiction program certified under section 3793.06	14478
of the Revised Code or a community mental health service certified	14479
under section 5119.611 of the Revised Code;	14480

(b) The preteen's parent or other caretaker is an inpatient	14481
in a hospital;	14482

14483

(d) A physician has diagnosed the preteen's parent or other	14484
caretaker as medically incapacitated.	14485

(3) A certified children's crisis care facility may provide	14486
residential care to a preteen placed in the facility by a public	14487
children services agency or private child placing agency for more	14488
than seventy-two consecutive hours if the director of job and	14489
family services or the director's designee issues the agency a	14490
waiver of the seventy-two consecutive hour limitation. The waiver	14491
may authorize the certified children's crisis care facility to	14492
provide residential care to the preteen for up to fourteen	14493
consecutive days.	14494

(E) The director of job and family services may suspend or	14495
revoke a children's crisis care facility's certificate pursuant to	14496
Chapter 119. of the Revised Code if the facility violates division	14497
(D) of this section or ceases to meet any of the certification	14498
standards established in rules adopted under division (F) of this	14499
section or the facility's operator ceases to comply with any of	14500
the rules governing the certification of children's crisis care	14501
facilities adopted under that division.	14502

(F) Not later than ninety days after ~~the effective date of~~	14503
~~this amendment~~September 21, 2006, the director of job and family	14504
services shall adopt rules pursuant to Chapter 119. of the Revised	14505
Code for the certification of children's crisis care facilities.	14506
The rules shall specify that a certificate shall not be issued to	14507
an applicant if the conditions at the children's crisis care	14508
facility would jeopardize the health or safety of the preteens	14509
placed in the facility.	14510

Sec. 5104.08. (A) There is hereby created in the department	14511
of job and family services a child care advisory council to advise	14512
and assist the department in the administration of this chapter	14513
and in the development of child care. The council shall consist of	14514
twenty-two voting members appointed by the director of job and	14515
family services with the approval of the governor. The director of	14516
job and family services, the director of ~~mental retardation and~~	14517
developmental disabilities, the director of mental health, the	14518
superintendent of public instruction, the director of health, the	14519
director of commerce, and the state fire marshal shall serve as	14520
nonvoting members of the council.	14521

Six members shall be representatives of child care centers	14522
subject to licensing, the members to represent a variety of	14523
centers, including nonprofit and proprietary, from different	14524
geographical areas of the state. At least three members shall be	14525
parents, guardians, or custodians of children receiving child care	14526
or publicly funded child care in the child's own home, a center, a	14527
type A home, a head start program, a certified type B home, or a	14528
type B home at the time of appointment. Three members shall be	14529
representatives of in-home aides, type A homes, certified type B	14530
homes, or type B homes or head start programs. At least six	14531
members shall represent county departments of job and family	14532
services. The remaining members shall be representatives of the	14533
teaching, child development, and health professions, and other	14534
individuals interested in the welfare of children. At least six	14535
members of the council shall not be employees or licensees of a	14536
child day-care center, head start program, or type A home, or	14537
providers operating a certified type B home or type B home, or	14538
in-home aides.	14539

Appointments shall be for three-year terms. Vacancies shall	14540
be filled for the unexpired terms. A member of the council is	14541
subject to removal by the director of job and family services for	14542
a willful and flagrant exercise of authority or power that is not	14543
authorized by law, for a refusal or willful neglect to perform any	14544
official duty as a member of the council imposed by law, or for	14545
being guilty of misfeasance, malfeasance, nonfeasance, or gross	14546
neglect of duty as a member of the council.	14547

There shall be two co-chairpersons of the council. One	14548
co-chairperson shall be the director of job and family services or	14549
the director's designee, and one co-chairperson shall be elected	14550
by the members of the council. The council shall meet as often as	14551
is necessary to perform its duties, provided that it shall meet at	14552
least once in each quarter of each calendar year and at the call	14553
of the co-chairpersons. The co-chairpersons or their designee	14554
shall send to each member a written notice of the date, time, and	14555
place of each meeting.	14556

Members of the council shall serve without compensation, but	14557
shall be reimbursed for necessary expenses.	14558

(B) The child care advisory council shall advise the director	14559
on matters affecting the licensing of centers and type A homes and	14560
the certification of type B homes and in-home aides. The council	14561
shall make an annual report to the director of job and family	14562
services that addresses the availability, affordability,	14563
accessibility, and quality of child care and that summarizes the	14564
recommendations and plans of action that the council has proposed	14565
to the director during the preceding fiscal year. The director of	14566
job and family services shall provide copies of the report to the	14567
governor, speaker and minority leader of the house of	14568
representatives, and the president and minority leader of the	14569
senate and, on request, shall make copies available to the public.	14570

(C) The director of job and family services shall adopt rules	14571
pursuant to Chapter 119. of the Revised Code to implement this	14572
section.	14573

Sec. 5107.24. (A) As used in this section:

14574

(1) "Adult-supervised living arrangement" means a family	14575
setting approved, licensed, or certified by the department of job	14576
and family services, the department of mental health, the	14577
department of ~~mental retardation and~~ developmental disabilities,	14578
the department of youth services, a public children services	14579
agency, a private child placing agency, or a private noncustodial	14580
agency that is maintained by a person age eighteen or older who	14581
assumes responsibility for the care and control of a minor parent,	14582
pregnant minor, or child of a minor parent or provides the minor	14583
parent, pregnant minor, or child of a minor parent supportive	14584
services, including counseling, guidance, and supervision.	14585
"Adult-supervised living arrangement" does not mean a public	14586
institution.	14587

(2) "Child of a minor parent" means a child born to a minor	14588
parent, except that the child ceases to be considered a child of	14589
minor parent when the minor parent attains age eighteen.	14590

(3) "Minor parent" means a parent who is under age eighteen	14591
and is not married.	14592

(4) "Pregnant minor" means a pregnant person who is under age	14593
eighteen and not married.	14594

(B)(1) Except as provided in division (B)(2) of this section	14595
and to the extent permitted by Title IV-A and federal regulations	14596
adopted under Title IV-A, a pregnant minor, minor parent, or child	14597
of a minor parent must reside in a place of residence maintained	14598
by a parent, guardian, custodian, or specified relative of the	14599
pregnant minor or minor parent as the parent's, guardian's,	14600
custodian's, or specified relative's own home to be eligible to	14601
participate in Ohio works first.	14602

(2) To the extent permitted by Title IV-A and federal	14603
regulations adopted under it, a pregnant minor, minor parent, or	14604
child of a minor parent is exempt from the requirement of division	14605
(B)(1) of this section if any of the following apply:	14606

(a) The minor parent or pregnant minor does not have a	14607
parent, guardian, custodian, or specified relative living or whose	14608
whereabouts are known.	14609

(b) No parent, guardian, custodian, or specified relative of	14610
the minor parent or pregnant minor will allow the pregnant minor,	14611
minor parent, or minor parent's child to live in the parent's,	14612
guardian's, custodian's, or specified relative's home.	14613

(c) The department of job and family services, a county	14614
department of job and family services, or a public children	14615
services agency determines that the physical or emotional health	14616
or safety of the pregnant minor, minor parent, or minor parent's	14617
child would be in jeopardy if the pregnant minor, minor parent, or	14618
minor parent's child lived in the same home as the parent,	14619
guardian, custodian, or specified relative.	14620

(d) The department of job and family services, a county	14621
department of job and family services, or a public children	14622
services agency otherwise determines that it is in the best	14623
interest of the pregnant minor, minor parent, or minor parent's	14624
child to waive the requirement of division (B)(1) of this section.	14625

(C) A pregnant minor, minor parent, or child of a minor	14626
parent exempt from the requirement of division (B)(1) of this	14627
section must reside in an adult-supervised living arrangement to	14628
be eligible to participate in Ohio works first.	14629

(D) The department of job and family services, whenever	14630
possible and to the extent permitted by Title IV-A and federal	14631
regulations adopted under it, shall provide cash assistance under	14632
Ohio works first to the parent, guardian, custodian, or specified	14633
relative of a pregnant minor or minor parent on behalf of the	14634
pregnant minor, minor parent, or minor parent's child.	14635

Sec. 5111.042. The departments of ~~mental retardation and~~	14636
developmental disabilities and job and family services may	14637
approve, reduce, deny, or terminate a service included in the	14638
individualized service plan developed for a medicaid recipient	14639
with mental retardation or other developmental disability who is	14640
eligible for medicaid case management services. If either	14641
department approves, reduces, denies, or terminates a service,	14642
that department shall timely notify the medicaid recipient that	14643
the recipient may request a hearing under section 5101.35 of the	14644
Revised Code.	14645

Sec. 5111.151. (A) This section applies to eligibility	14646
determinations for all cases involving medicaid provided pursuant	14647
to this chapter, qualified medicare beneficiaries, specified	14648
low-income medicare beneficiaries, qualifying individuals-1,	14649
qualifying individuals-2, and medical assistance for covered	14650
families and children.	14651

(B) As used in this section:

14652

(1) "Trust" means any arrangement in which a grantor	14653
transfers real or personal property to a trust with the intention	14654
that it be held, managed, or administered by at least one trustee	14655
for the benefit of the grantor or beneficiaries. "Trust" includes	14656
any legal instrument or device similar to a trust.	14657

(2) "Legal instrument or device similar to a trust" includes,	14658
but is not limited to, escrow accounts, investment accounts,	14659
partnerships, contracts, and other similar arrangements that are	14660
not called trusts under state law but are similar to a trust and	14661
to which all of the following apply:	14662

(a) The property in the trust is held, managed, retained, or	14663
administered by a trustee.	14664

(b) The trustee has an equitable, legal, or fiduciary duty to	14665
hold, manage, retain, or administer the property for the benefit	14666
of the beneficiary.	14667

(c) The trustee holds identifiable property for the	14668
beneficiary.	14669

(3) "Grantor" is a person who creates a trust, including all	14670
of the following:	14671

(a) An individual;

14672

(b) An individual's spouse;

14673

(c) A person, including a court or administrative body, with	14674
legal authority to act in place of or on behalf of an individual	14675
or an individual's spouse;	14676

(d) A person, including a court or administrative body, that	14677
acts at the direction or on request of an individual or the	14678
individual's spouse.	14679

(4) "Beneficiary" is a person or persons, including a	14680
grantor, who benefits in some way from a trust.	14681

(5) "Trustee" is a person who manages a trust's principal and	14682
income for the benefit of the beneficiaries.	14683

(6) "Person" has the same meaning as in section 1.59 of the	14684
Revised Code and includes an individual, corporation, business	14685
trust, estate, trust, partnership, and association.	14686

(7) "Applicant" is an individual who applies for medicaid or	14687
the individual's spouse.	14688

(8) "Recipient" is an individual who receives medicaid or the	14689
individual's spouse.	14690

(9) "Revocable trust" is a trust that can be revoked by the	14691
grantor or the beneficiary, including all of the following, even	14692
if the terms of the trust state that it is irrevocable:	14693

(a) A trust that provides that the trust can be terminated	14694
only by a court;	14695

(b) A trust that terminates on the happening of an event, but	14696
only if the event occurs at the direction or control of the	14697
grantor, beneficiary, or trustee.	14698

(10) "Irrevocable trust" is a trust that cannot be revoked by	14699
the grantor or terminated by a court and that terminates only on	14700
the occurrence of an event outside of the control or direction of	14701
the beneficiary or grantor.	14702

(11) "Payment" is any disbursal from the principal or income	14703
of the trust, including actual cash, noncash or property	14704
disbursements, or the right to use and occupy real property.	14705

(12) "Payments to or for the benefit of the applicant or	14706
recipient" is a payment to any person resulting in a direct or	14707
indirect benefit to the applicant or recipient.	14708

(13) "Testamentary trust" is a trust that is established by a	14709
will and does not take effect until after the death of the person	14710
who created the trust.	14711

(C) If an applicant or recipient is a beneficiary of a trust,	14712
the county department of job and family services shall determine	14713
what type of trust it is and shall treat the trust in accordance	14714
with the appropriate provisions of this section and rules adopted	14715
by the department of job and family services governing trusts. The	14716
county department of job and family services may determine that	14717
the trust or portion of the trust is one of the following:	14718

(1) A countable resource;

14719

(2) Countable income;

14720

(3) A countable resource and countable income;

14721

(4) Not a countable resource or countable income.

14722

(D)(1) A trust or legal instrument or device similar to a	14723
trust shall be considered a medicaid qualifying trust if all of	14724
the following apply:	14725

(a) The trust was established on or prior to August 10, 1993.

14726

(b) The trust was not established by a will.

14727

14728

(d) The applicant or recipient is or may become the	14729
beneficiary of all or part of the trust.	14730

(e) Payment from the trust is determined by one or more	14731
trustees who are permitted to exercise any discretion with respect	14732
to the distribution to the applicant or recipient.	14733

(2) If a trust meets the requirement of division (D)(1) of	14734
this section, the amount of the trust that is considered by the	14735
county department of job and family services as an available	14736
resource to the applicant or recipient shall be the maximum amount	14737
of payments permitted under the terms of the trust to be	14738
distributed to the applicant or recipient, assuming the full	14739
exercise of discretion by the trustee or trustees. The maximum	14740
amount shall include only amounts that are permitted to be	14741
distributed but are not distributed from either the income or	14742
principal of the trust.	14743

(3) Amounts that are actually distributed from a medicaid	14744
qualifying trust to a beneficiary for any purpose shall be treated	14745
in accordance with rules adopted by the department of job and	14746
family services governing income.	14747

(4) Availability of a medicaid qualifying trust shall be	14748
considered without regard to any of the following:	14749

(a) Whether or not the trust is irrevocable or was	14750
established for purposes other than to enable a grantor to qualify	14751
for medicaid, medical assistance for covered families and	14752
children, or as a qualified medicare beneficiary, specified	14753
low-income medicare beneficiary, qualifying individual-1, or	14754
qualifying individual-2;	14755

(b) Whether or not the trustee actually exercises discretion.

14756

(5) If any real or personal property is transferred to a	14757
medicaid qualifying trust that is not distributable to the	14758
applicant or recipient, the transfer shall be considered an	14759
improper disposition of assets and shall be subject to section	14760
5111.0116 of the Revised Code and rules to implement that section	14761
adopted under section 5111.011 of the Revised Code.	14762

(6) The baseline date for the look-back period for	14763
disposition of assets involving a medicaid qualifying trust shall	14764
be the date on which the applicant or recipient is both	14765
institutionalized and first applies for medicaid.	14766

(E)(1) A trust or legal instrument or device similar to a	14767
trust shall be considered a self-settled trust if all of the	14768
following apply:	14769

(a) The trust was established on or after August 11, 1993.

14770

(b) The trust was not established by a will.

14771

(c) The trust was established by an applicant or recipient,	14772
spouse of an applicant or recipient, or a person, including a	14773
court or administrative body, with legal authority to act in place	14774
of or on behalf of an applicant, recipient, or spouse, or acting	14775
at the direction or on request of an applicant, recipient, or	14776
spouse.	14777

(2) A trust that meets the requirements of division (E)(1) of	14778
this section and is a revocable trust shall be treated by the	14779
county department of job and family services as follows:	14780

(a) The corpus of the trust shall be considered a resource	14781
available to the applicant or recipient.	14782

(b) Payments from the trust to or for the benefit of the	14783
applicant or recipient shall be considered unearned income of the	14784
applicant or recipient.	14785

(c) Any other payments from the trust shall be considered an	14786
improper disposition of assets and shall be subject to section	14787
5111.0116 of the Revised Code and rules to implement that section	14788
adopted under section 5111.011 of the Revised Code.	14789

(3) A trust that meets the requirements of division (E)(1) of	14790
this section and is an irrevocable trust shall be treated by the	14791
county department of job and family services as follows:	14792

(a) If there are any circumstances under which payment from	14793
the trust could be made to or for the benefit of the applicant or	14794
recipient, including a payment that can be made only in the	14795
future, the portion from which payments could be made shall be	14796
considered a resource available to the applicant or recipient. The	14797
county department of job and family services shall not take into	14798
account when payments can be made.	14799

(b) Any payment that is actually made to or for the benefit	14800
of the applicant or recipient from either the corpus or income	14801
shall be considered unearned income.	14802

(c) If a payment is made to someone other than to the	14803
applicant or recipient and the payment is not for the benefit of	14804
the applicant or recipient, the payment shall be considered an	14805
improper disposition of assets and shall be subject to section	14806
5111.0116 of the Revised Code and rules to implement that section	14807
adopted under section 5111.011 of the Revised Code.	14808

(d) The date of the disposition shall be the later of the	14809
date of establishment of the trust or the date of the occurrence	14810
of the event.	14811

(e) When determining the value of the disposed asset under	14812
this provision, the value of the trust shall be its value on the	14813
date payment to the applicant or recipient was foreclosed.	14814

(f) Any income earned or other resources added subsequent to	14815
the foreclosure date shall be added to the total value of the	14816
trust.	14817

(g) Any payments to or for the benefit of the applicant or	14818
recipient after the foreclosure date but prior to the application	14819
date shall be subtracted from the total value. Any other payments	14820
shall not be subtracted from the value.	14821

(h) Any addition of assets after the foreclosure date shall	14822
be considered a separate disposition.	14823

(4) If a trust is funded with assets of another person or	14824
persons in addition to assets of the applicant or recipient, the	14825
applicable provisions of this section and rules adopted by the	14826
department of job and family services governing trusts shall apply	14827
only to the portion of the trust attributable to the applicant or	14828
recipient.	14829

(5) The availability of a self-settled trust shall be	14830
considered without regard to any of the following:	14831

(a) The purpose for which the trust is established;

14832

(b) Whether the trustees have exercised or may exercise	14833
discretion under the trust;	14834

(c) Any restrictions on when or whether distributions may be	14835
made from the trust;	14836

(d) Any restrictions on the use of distributions from the	14837
trust.	14838

(6) The baseline date for the look-back period for	14839
dispositions of assets involving a self-settled trust shall be the	14840
date on which the applicant or recipient is both institutionalized	14841
and first applies for medicaid.	14842

(F) The principal or income from any of the following shall	14843
be exempt from being counted as a resource by a county department	14844
of job and family services:	14845

(1)(a) A special needs trust that meets all of the following	14846
requirements:	14847

(i) The trust contains assets of an applicant or recipient	14848
under sixty-five years of age and may contain the assets of other	14849
individuals.	14850

(ii) The applicant or recipient is disabled as defined in	14851
rules adopted by the department of job and family services.	14852

(iii) The trust is established for the benefit of the	14853
applicant or recipient by a parent, grandparent, legal guardian,	14854
or a court.	14855

(iv) The trust requires that on the death of the applicant or	14856
recipient the state will receive all amounts remaining in the	14857
trust up to an amount equal to the total amount of medicaid paid	14858
on behalf of the applicant or recipient.	14859

(b) If a special needs trust meets the requirements of	14860
division (F)(1)(a) of this section and has been established for a	14861
disabled applicant or recipient under sixty-five years of age, the	14862
exemption for the trust granted pursuant to division (F) of this	14863
section shall continue after the disabled applicant or recipient	14864
becomes sixty-five years of age if the applicant or recipient	14865
continues to be disabled as defined in rules adopted by the	14866
department of job and family services. Except for income earned by	14867
the trust, the grantor shall not add to or otherwise augment the	14868
trust after the applicant or recipient attains sixty-five years of	14869
age. An addition or augmentation of the trust by the applicant or	14870
recipient with the applicant's own assets after the applicant or	14871
recipient attains sixty-five years of age shall be treated as an	14872
improper disposition of assets.	14873

(c) Cash distributions to the applicant or recipient shall be	14874
counted as unearned income. All other distributions from the trust	14875
shall be treated as provided in rules adopted by the department of	14876
job and family services governing in-kind income.	14877

(d) Transfers of assets to a special needs trust shall not be	14878
treated as an improper transfer of resources. Assets held prior to	14879
the transfer to the trust shall be considered as countable assets	14880
or countable income or countable assets and income.	14881

(2)(a) A qualifying income trust that meets all of the	14882
following requirements:	14883

(i) The trust is composed only of pension, social security,	14884
and other income to the applicant or recipient, including	14885
accumulated interest in the trust.	14886

(ii) The income is received by the individual and the right	14887
to receive the income is not assigned or transferred to the trust.	14888

(iii) The trust requires that on the death of the applicant	14889
or recipient the state will receive all amounts remaining in the	14890
trust up to an amount equal to the total amount of medicaid paid	14891
on behalf of the applicant or recipient.	14892

(b) No resources shall be used to establish or augment the	14893
trust.	14894

(c) If an applicant or recipient has irrevocably transferred	14895
or assigned the applicant's or recipient's right to receive income	14896
to the trust, the trust shall not be considered a qualifying	14897
income trust by the county department of job and family services.	14898

(d) Income placed in a qualifying income trust shall not be	14899
counted in determining an applicant's or recipient's eligibility	14900
for medicaid. The recipient of the funds may place any income	14901
directly into a qualifying income trust without those funds	14902
adversely affecting the applicant's or recipient's eligibility for	14903
medicaid. Income generated by the trust that remains in the trust	14904
shall not be considered as income to the applicant or recipient.	14905

(e) All income placed in a qualifying income trust shall be	14906
combined with any countable income not placed in the trust to	14907
arrive at a base income figure to be used for spend down	14908
calculations.	14909

(f) The base income figure shall be used for post-eligibility	14910
deductions, including personal needs allowance, monthly income	14911
allowance, family allowance, and medical expenses not subject to	14912
third party payment. Any income remaining shall be used toward	14913
payment of patient liability. Payments made from a qualifying	14914
income trust shall not be combined with the base income figure for	14915
post-eligibility calculations.	14916

(g) The base income figure shall be used when determining the	14917
spend down budget for the applicant or recipient. Any income	14918
remaining after allowable deductions are permitted as provided	14919
under rules adopted by the department of job and family services	14920
shall be considered the applicant's or recipient's spend down	14921
liability.	14922

(3)(a) A pooled trust that meets all of the following	14923
requirements:	14924

(i) The trust contains the assets of the applicant or	14925
recipient of any age who is disabled as defined in rules adopted	14926
by the department of job and family services.	14927

(ii) The trust is established and managed by a nonprofit	14928
association.	14929

(iii) A separate account is maintained for each beneficiary	14930
of the trust but, for purposes of investment and management of	14931
funds, the trust pools the funds in these accounts.	14932

(iv) Accounts in the trust are established by the applicant	14933
or recipient, the applicant's or recipient's parent, grandparent,	14934
or legal guardian, or a court solely for the benefit of	14935
individuals who are disabled.	14936

(v) The trust requires that, to the extent that any amounts	14937
remaining in the beneficiary's account on the death of the	14938
beneficiary are not retained by the trust, the trust pay to the	14939
state the amounts remaining in the trust up to an amount equal to	14940
the total amount of medicaid paid on behalf of the beneficiary.	14941

(b) Cash distributions to the applicant or recipient shall be	14942
counted as unearned income. All other distributions from the trust	14943
shall be treated as provided in rules adopted by the department of	14944
job and family services governing in-kind income.	14945

(c) Transfers of assets to a pooled trust shall not be	14946
treated as an improper disposition of assets. Assets held prior to	14947
the transfer to the trust shall be considered as countable assets,	14948
countable income, or countable assets and income.	14949

(4) A supplemental services trust that meets the requirements	14950
of section 5815.28 of the Revised Code and to which all of the	14951
following apply:	14952

(a) A person may establish a supplemental services trust	14953
pursuant to section 5815.28 of the Revised Code only for another	14954
person who is eligible to receive services through one of the	14955
following agencies:	14956

(i) The department of ~~mental retardation and~~ developmental	14957
disabilities;	14958

(ii) A county board of ~~mental retardation and~~ developmental	14959
disabilities;	14960

(iii) The department of mental health;

14961

(iv) A board of alcohol, drug addiction, and mental health	14962
services.	14963

(b) A county department of job and family services shall not	14964
determine eligibility for another agency's program. An applicant	14965
or recipient shall do one of the following:	14966

(i) Provide documentation from one of the agencies listed in	14967
division (F)(4)(a) of this section that establishes that the	14968
applicant or recipient was determined to be eligible for services	14969
from the agency at the time of the creation of the trust;	14970

(ii) Provide an order from a court of competent jurisdiction	14971
that states that the applicant or recipient was eligible for	14972
services from one of the agencies listed in division (F)(4)(a) of	14973
this section at the time of the creation of the trust.	14974

(c) At the time the trust is created, the trust principal	14975
does not exceed the maximum amount permitted. The maximum amount	14976
permitted in calendar year 2006 is two hundred twenty-two thousand	14977
dollars. Each year thereafter, the maximum amount permitted is the	14978
prior year's amount plus two thousand dollars.	14979

(d) A county department of job and family services shall	14980
review the trust to determine whether it complies with the	14981
provisions of section 5815.28 of the Revised Code.	14982

(e) Payments from supplemental services trusts shall be	14983
exempt as long as the payments are for supplemental services as	14984
defined in rules adopted by the department of job and family	14985
services. All supplemental services shall be purchased by the	14986
trustee and shall not be purchased through direct cash payments to	14987
the beneficiary.	14988

(f) If a trust is represented as a supplemental services	14989
trust and a county department of job and family services	14990
determines that the trust does not meet the requirements provided	14991
in division (F)(4) of this section and section 5815.28 of the	14992
Revised Code, the county department of job and family services	14993
shall not consider it an exempt trust.	14994

(G)(1) A trust or legal instrument or device similar to a	14995
trust shall be considered a trust established by an individual for	14996
the benefit of the applicant or recipient if all of the following	14997
apply:	14998

(a) The trust is created by a person other than the applicant	14999
or recipient.	15000

(b) The trust names the applicant or recipient as a	15001
beneficiary.	15002

(c) The trust is funded with assets or property in which the	15003
applicant or recipient has never held an ownership interest prior	15004
to the establishment of the trust.	15005

(2) Any portion of a trust that meets the requirements of	15006
division (G)(1) of this section shall be an available resource	15007
only if the trust permits the trustee to expend principal, corpus,	15008
or assets of the trust for the applicant's or recipient's medical	15009
care, care, comfort, maintenance, health, welfare, general well	15010
being, or any combination of these purposes.	15011

(3) A trust that meets the requirements of division (G)(1) of	15012
this section shall be considered an available resource even if the	15013
trust contains any of the following types of provisions:	15014

(a) A provision that prohibits the trustee from making	15015
payments that would supplant or replace medicaid or other public	15016
assistance;	15017

(b) A provision that prohibits the trustee from making	15018
payments that would impact or have an effect on the applicant's or	15019
recipient's right, ability, or opportunity to receive medicaid or	15020
other public assistance;	15021

(c) A provision that attempts to prevent the trust or its	15022
corpus or principal from being counted as an available resource.	15023

(4) A trust that meets the requirements of division (G)(1) of	15024
this section shall not be counted as an available resource if at	15025
least one of the following circumstances applies:	15026

(a) If a trust contains a clear statement requiring the	15027
trustee to preserve a portion of the trust for another beneficiary	15028
or remainderman, that portion of the trust shall not be counted as	15029
an available resource. Terms of a trust that grant discretion to	15030
preserve a portion of the trust shall not qualify as a clear	15031
statement requiring the trustee to preserve a portion of the	15032
trust.	15033

(b) If a trust contains a clear statement requiring the	15034
trustee to use a portion of the trust for a purpose other than	15035
medical care, care, comfort, maintenance, welfare, or general well	15036
being of the applicant or recipient, that portion of the trust	15037
shall not be counted as an available resource. Terms of a trust	15038
that grant discretion to limit the use of a portion of the trust	15039
shall not qualify as a clear statement requiring the trustee to	15040
use a portion of the trust for a particular purpose.	15041

(c) If a trust contains a clear statement limiting the	15042
trustee to making fixed periodic payments, the trust shall not be	15043
counted as an available resource and payments shall be treated in	15044
accordance with rules adopted by the department of job and family	15045
services governing income. Terms of a trust that grant discretion	15046
to limit payments shall not qualify as a clear statement requiring	15047
the trustee to make fixed periodic payments.	15048

(d) If a trust contains a clear statement that requires the	15049
trustee to terminate the trust if it is counted as an available	15050
resource, the trust shall not be counted as an available resource.	15051
Terms of a trust that grant discretion to terminate the trust do	15052
not qualify as a clear statement requiring the trustee to	15053
terminate the trust.	15054

(e) If a person obtains a judgment from a court of competent	15055
jurisdiction that expressly prevents the trustee from using part	15056
or all of the trust for the medical care, care, comfort,	15057
maintenance, welfare, or general well being of the applicant or	15058
recipient, the trust or that portion of the trust subject to the	15059
court order shall not be counted as a resource.	15060

(f) If a trust is specifically exempt from being counted as	15061
an available resource by a provision of the Revised Code, rules,	15062
or federal law, the trust shall not be counted as a resource.	15063

(g) If an applicant or recipient presents a final judgment	15064
from a court demonstrating that the applicant or recipient was	15065
unsuccessful in a civil action against the trustee to compel	15066
payments from the trust, the trust shall not be counted as an	15067
available resource.	15068

(h) If an applicant or recipient presents a final judgment	15069
from a court demonstrating that in a civil action against the	15070
trustee the applicant or recipient was only able to compel limited	15071
or periodic payments, the trust shall not be counted as an	15072
available resource and payments shall be treated in accordance	15073
with rules adopted by the department of job and family services	15074
governing income.	15075

(i) If an applicant or recipient provides written	15076
documentation showing that the cost of a civil action brought to	15077
compel payments from the trust would be cost prohibitive, the	15078
trust shall not be counted as an available resource.	15079

(5) Any actual payments to the applicant or recipient from a	15080
trust that meet the requirements of division (G)(1) of this	15081
section, including trusts that are not counted as an available	15082
resource, shall be treated as provided in rules adopted by the	15083
department of job and family services governing income. Payments	15084
to any person other than the applicant or recipient shall not be	15085
considered income to the applicant or recipient. Payments from the	15086
trust to a person other than the applicant or recipient shall not	15087
be considered an improper disposition of assets.	15088

Sec. 5111.202. (A) As used in this section:

15089

(1) "Dementia" includes Alzheimer's disease or a related	15090
disorder.	15091

(2) "Serious mental illness" means "serious mental illness,"	15092
as defined by the United States department of health and human	15093
services in regulations adopted under section 1919(e)(7)(G)(i) of	15094
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	15095
as amended.	15096

(3) "Mentally ill individual" means an individual who has a	15097
serious mental illness other than either of the following:	15098

(a) A primary diagnosis of dementia;

15099

(b) A primary diagnosis that is not a primary diagnosis of	15100
dementia and a primary diagnosis of something other than a serious	15101
mental illness.	15102

(4) "Mentally retarded individual" means an individual who is	15103
mentally retarded or has a related condition, as described in	15104
section 1905(d) of the "Social Security Act."	15105

(5) "Specialized services" means the services specified by	15106
the United States department of health and human services in	15107
regulations adopted under section 1919(e)(7)(G)(iii) of the	15108
"Social Security Act."	15109

(B)(1) Except as provided in division (D) of this section, no	15110
nursing facility shall admit as a resident any mentally ill	15111
individual unless the facility has received evidence that the	15112
department of mental health has determined both of the following	15113
under section 5119.061 of the Revised Code:	15114

(a) That the individual requires the level of services	15115
provided by a nursing facility because of the individual's	15116
physical and mental condition;	15117

(b) Whether the individual requires specialized services for	15118
mental illness.	15119

(2) Except as provided in division (D) of this section, no	15120
nursing facility shall admit as a resident any mentally retarded	15121
individual unless the facility has received evidence that the	15122
department of ~~mental retardation and~~ developmental disabilities	15123
has determined both of the following under section 5123.021 of the	15124
Revised Code:	15125

(a) That the individual requires the level of services	15126
provided by a nursing facility because of the individual's	15127
physical and mental condition;	15128

(b) Whether the individual requires specialized services for	15129
mental retardation.	15130

(C) The department of job and family services shall not make	15131
payments under the medical assistance program to a nursing	15132
facility on behalf of any individual who is admitted to the	15133
facility in violation of division (B) of this section for the	15134
period beginning on the date of admission and ending on the date	15135
the requirements of division (B) of this section are met.	15136

(D) A determination under division (B) of this section is not	15137
required for any individual who is exempted from the requirement	15138
that a determination be made by division (B)(2) of section	15139
5119.061 of the Revised Code or rules adopted by the department of	15140
mental health under division (E)(3) of that section, or by	15141
division (B)(2) of section 5123.021 of the Revised Code or rules	15142
adopted by the department of ~~mental retardation and~~ developmental	15143
disabilities under division (E)(3) of that section.	15144

Sec. 5111.203. Regardless of whether or not an applicant for	15145
admission to a nursing facility or resident of a nursing facility	15146
is an applicant for or recipient of medical assistance, the	15147
department of job and family services shall provide notice and an	15148
opportunity for a hearing to any applicant for admission to a	15149
nursing facility or resident of a nursing facility who is	15150
adversely affected by a determination made by the department of	15151
mental health under section 5119.061 of the Revised Code or by the	15152
department of ~~mental retardation and~~ developmental disabilities	15153
under section 5123.021 of the Revised Code. The hearing shall be	15154
conducted in the same manner as hearings conducted under section	15155
5101.35 of the Revised Code. Any decision made by the department	15156
of job and family services on the basis of the hearing is binding	15157
on the department of mental health and the department of ~~mental~~	15158
~~retardation and~~ developmental disabilities.	15159

Sec. 5111.211. (A) The department of ~~mental retardation and~~	15160
developmental disabilities is responsible for the nonfederal share	15161
of claims submitted for services that are covered by the medicaid	15162
program and provided to an eligible medicaid recipient by an	15163
intermediate care facility for the mentally retarded if all of the	15164
following are the case:	15165

(1) The services are provided on or after July 1, 2003;

15166

(2) The facility receives initial certification by the	15167
director of health as an intermediate care facility for the	15168
mentally retarded on or after June 1, 2003;	15169

(3) The facility, or a portion of the facility, is licensed	15170
by the director of ~~mental retardation and~~ developmental	15171
disabilities as a residential facility under section 5123.19 of	15172
the Revised Code;	15173

(4) There is a valid provider agreement for the facility.

15174

(B) Each month, the department of job and family services	15175
shall invoice the department of ~~mental retardation and~~	15176
developmental disabilities by interagency transfer voucher for the	15177
claims for which the department of ~~mental retardation and~~	15178
developmental disabilities is responsible pursuant to this	15179
section.	15180

Sec. 5111.251. (A) The department of job and family services	15181
shall pay a provider for each of the provider's eligible	15182
intermediate care facilities for the mentally retarded for its	15183
reasonable capital costs, a per resident per day rate established	15184
prospectively each fiscal year for each intermediate care facility	15185
for the mentally retarded. Except as otherwise provided in	15186
sections 5111.20 to 5111.33 of the Revised Code, the rate shall be	15187
based on the facility's capital costs for the calendar year	15188
preceding the fiscal year in which the rate will be paid. The rate	15189
shall equal the sum of the following:	15190

(1) The facility's desk-reviewed, actual, allowable, per diem	15191
cost of ownership for the preceding cost reporting period, limited	15192
as provided in divisions (C) and (F) of this section;	15193

(2) Any efficiency incentive determined under division (B) of	15194
this section;	15195

(3) Any amounts for renovations determined under division (D)	15196
of this section;	15197

(4) Any amounts for return on equity determined under	15198
division (I) of this section.	15199

Buildings shall be depreciated using the straight line method	15200
over forty years or over a different period approved by the	15201
department. Components and equipment shall be depreciated using	15202
the straight line method over a period designated by the director	15203
of job and family services in rules adopted under section 5111.02	15204
of the Revised Code, consistent with the guidelines of the	15205
American hospital association, or over a different period approved	15206
by the department of job and family services. Any rules authorized	15207
by this division that specify useful lives of buildings,	15208
components, or equipment apply only to assets acquired on or after	15209
July 1, 1993. Depreciation for costs paid or reimbursed by any	15210
government agency shall not be included in costs of ownership or	15211
renovation unless that part of the payment under sections 5111.20	15212
to 5111.33 of the Revised Code is used to reimburse the government	15213
agency.	15214

(B) The department of job and family services shall pay to a	15215
provider for each of the provider's eligible intermediate care	15216
facilities for the mentally retarded an efficiency incentive equal	15217
to fifty per cent of the difference between any desk-reviewed,	15218
actual, allowable cost of ownership and the applicable limit on	15219
cost of ownership payments under division (C) of this section. For	15220
purposes of computing the efficiency incentive, depreciation for	15221
costs paid or reimbursed by any government agency shall be	15222
considered as a cost of ownership, and the applicable limit under	15223
division (C) of this section shall apply both to facilities with	15224
more than eight beds and facilities with eight or fewer beds. The	15225
efficiency incentive paid to a provider for a facility with eight	15226
or fewer beds shall not exceed three dollars per patient day,	15227
adjusted annually for the inflation rate for the twelve-month	15228
period beginning on the first day of July of the calendar year	15229
preceding the calendar year that precedes the fiscal year for	15230
which the efficiency incentive is determined and ending on the	15231
thirtieth day of the following June, using the consumer price	15232
index for shelter costs for all urban consumers for the north	15233
central region, as published by the United States bureau of labor	15234
statistics.	15235

(C) Cost of ownership payments for intermediate care	15236
facilities for the mentally retarded with more than eight beds	15237
shall not exceed the following limits:	15238

(1) For facilities with dates of licensure prior to January	15239
1, l958, not exceeding two dollars and fifty cents per patient	15240
day;	15241

(2) For facilities with dates of licensure after December 31,	15242
l957, but prior to January 1, l968, not exceeding:	15243

(a) Three dollars and fifty cents per patient day if the cost	15244
of construction was three thousand five hundred dollars or more	15245
per bed;	15246

(b) Two dollars and fifty cents per patient day if the cost	15247
of construction was less than three thousand five hundred dollars	15248
per bed.	15249

(3) For facilities with dates of licensure after December 31,	15250
l967, but prior to January 1, l976, not exceeding:	15251

(a) Four dollars and fifty cents per patient day if the cost	15252
of construction was five thousand one hundred fifty dollars or	15253
more per bed;	15254

(b) Three dollars and fifty cents per patient day if the cost	15255
of construction was less than five thousand one hundred fifty	15256
dollars per bed, but exceeds three thousand five hundred dollars	15257
per bed;	15258

(c) Two dollars and fifty cents per patient day if the cost	15259
of construction was three thousand five hundred dollars or less	15260
per bed.	15261

(4) For facilities with dates of licensure after December 31,	15262
l975, but prior to January 1, l979, not exceeding:	15263

(a) Five dollars and fifty cents per patient day if the cost	15264
of construction was six thousand eight hundred dollars or more per	15265
bed;	15266

(b) Four dollars and fifty cents per patient day if the cost	15267
of construction was less than six thousand eight hundred dollars	15268
per bed but exceeds five thousand one hundred fifty dollars per	15269
bed;	15270

(c) Three dollars and fifty cents per patient day if the cost	15271
of construction was five thousand one hundred fifty dollars or	15272
less per bed, but exceeds three thousand five hundred dollars per	15273
bed;	15274

(d) Two dollars and fifty cents per patient day if the cost	15275
of construction was three thousand five hundred dollars or less	15276
per bed.	15277

(5) For facilities with dates of licensure after December 31,	15278
l978, but prior to January 1, l980, not exceeding:	15279

(a) Six dollars per patient day if the cost of construction	15280
was seven thousand six hundred twenty-five dollars or more per	15281
bed;	15282

(b) Five dollars and fifty cents per patient day if the cost	15283
of construction was less than seven thousand six hundred	15284
twenty-five dollars per bed but exceeds six thousand eight hundred	15285
dollars per bed;	15286

(c) Four dollars and fifty cents per patient day if the cost	15287
of construction was six thousand eight hundred dollars or less per	15288
bed but exceeds five thousand one hundred fifty dollars per bed;	15289

(d) Three dollars and fifty cents per patient day if the cost	15290
of construction was five thousand one hundred fifty dollars or	15291
less but exceeds three thousand five hundred dollars per bed;	15292

(e) Two dollars and fifty cents per patient day if the cost	15293
of construction was three thousand five hundred dollars or less	15294
per bed.	15295

(6) For facilities with dates of licensure after December 31,	15296
1979, but prior to January 1, 1981, not exceeding:	15297

(a) Twelve dollars per patient day if the beds were	15298
originally licensed as residential facility beds by the department	15299
of ~~mental retardation and~~ developmental disabilities;	15300

(b) Six dollars per patient day if the beds were originally	15301
licensed as nursing home beds by the department of health.	15302

(7) For facilities with dates of licensure after December 31,	15303
1980, but prior to January 1, 1982, not exceeding:	15304

(a) Twelve dollars per patient day if the beds were	15305
originally licensed as residential facility beds by the department	15306
of ~~mental retardation and~~ developmental disabilities;	15307

(b) Six dollars and forty-five cents per patient day if the	15308
beds were originally licensed as nursing home beds by the	15309
department of health.	15310

(8) For facilities with dates of licensure after December 31,	15311
1981, but prior to January 1, 1983, not exceeding:	15312

(a) Twelve dollars per patient day if the beds were	15313
originally licensed as residential facility beds by the department	15314
of ~~mental retardation and~~ developmental disabilities;	15315

(b) Six dollars and seventy-nine cents per patient day if the	15316
beds were originally licensed as nursing home beds by the	15317
department of health.	15318

(9) For facilities with dates of licensure after December 31,	15319
1982, but prior to January 1, 1984, not exceeding:	15320

(a) Twelve dollars per patient day if the beds were	15321
originally licensed as residential facility beds by the department	15322
of ~~mental retardation and~~ developmental disabilities;	15323

(b) Seven dollars and nine cents per patient day if the beds	15324
were originally licensed as nursing home beds by the department of	15325
health.	15326

(10) For facilities with dates of licensure after December	15327
31, 1983, but prior to January 1, 1985, not exceeding:	15328

(a) Twelve dollars and twenty-four cents per patient day if	15329
the beds were originally licensed as residential facility beds by	15330
the department of ~~mental retardation and~~ developmental	15331
disabilities;	15332

(b) Seven dollars and twenty-three cents per patient day if	15333
the beds were originally licensed as nursing home beds by the	15334
department of health.	15335

(11) For facilities with dates of licensure after December	15336
31, 1984, but prior to January 1, 1986, not exceeding:	15337

(a) Twelve dollars and fifty-three cents per patient day if	15338
the beds were originally licensed as residential facility beds by	15339
the department of ~~mental retardation and~~ developmental	15340
disabilities;	15341

(b) Seven dollars and forty cents per patient day if the beds	15342
were originally licensed as nursing home beds by the department of	15343
health.	15344

(12) For facilities with dates of licensure after December	15345
31, 1985, but prior to January 1, 1987, not exceeding:	15346

(a) Twelve dollars and seventy cents per patient day if the	15347
beds were originally licensed as residential facility beds by the	15348
department of ~~mental retardation and~~ developmental disabilities;	15349

(b) Seven dollars and fifty cents per patient day if the beds	15350
were originally licensed as nursing home beds by the department of	15351
health.	15352

(13) For facilities with dates of licensure after December	15353
31, 1986, but prior to January 1, 1988, not exceeding:	15354

(a) Twelve dollars and ninety-nine cents per patient day if	15355
the beds were originally licensed as residential facility beds by	15356
the department of ~~mental retardation and~~ developmental	15357
disabilities;	15358

(b) Seven dollars and sixty-seven cents per patient day if	15359
the beds were originally licensed as nursing home beds by the	15360
department of health.	15361

(14) For facilities with dates of licensure after December	15362
31, 1987, but prior to January 1, 1989, not exceeding thirteen	15363
dollars and twenty-six cents per patient day;	15364

(15) For facilities with dates of licensure after December	15365
31, 1988, but prior to January 1, 1990, not exceeding thirteen	15366
dollars and forty-six cents per patient day;	15367

(16) For facilities with dates of licensure after December	15368
31, 1989, but prior to January 1, 1991, not exceeding thirteen	15369
dollars and sixty cents per patient day;	15370

(17) For facilities with dates of licensure after December	15371
31, 1990, but prior to January 1, 1992, not exceeding thirteen	15372
dollars and forty-nine cents per patient day;	15373

(18) For facilities with dates of licensure after December	15374
31, 1991, but prior to January 1, 1993, not exceeding thirteen	15375
dollars and sixty-seven cents per patient day;	15376

(19) For facilities with dates of licensure after December	15377
31, 1992, not exceeding fourteen dollars and twenty-eight cents	15378
per patient day.	15379

(D) Beginning January 1, 1981, regardless of the original	15380
date of licensure, the department of job and family services shall	15381
pay a rate for the per diem capitalized costs of renovations to	15382
intermediate care facilities for the mentally retarded made after	15383
January 1, l981, not exceeding six dollars per patient day using	15384
1980 as the base year and adjusting the amount annually until June	15385
30, 1993, for fluctuations in construction costs calculated by the	15386
department using the "Dodge building cost indexes, northeastern	15387
and north central states," published by Marshall and Swift. The	15388
payment provided for in this division is the only payment that	15389
shall be made for the capitalized costs of a nonextensive	15390
renovation of an intermediate care facility for the mentally	15391
retarded. Nonextensive renovation costs shall not be included in	15392
cost of ownership, and a nonextensive renovation shall not affect	15393
the date of licensure for purposes of division (C) of this	15394
section. This division applies to nonextensive renovations	15395
regardless of whether they are made by an owner or a lessee. If	15396
the tenancy of a lessee that has made renovations ends before the	15397
depreciation expense for the renovation costs has been fully	15398
reported, the former lessee shall not report the undepreciated	15399
balance as an expense.	15400

For a nonextensive renovation to qualify for payment under	15401
this division, both of the following conditions must be met:	15402

(1) At least five years have elapsed since the date of	15403
licensure or date of an extensive renovation of the portion of the	15404
facility that is proposed to be renovated, except that this	15405
condition does not apply if the renovation is necessary to meet	15406
the requirements of federal, state, or local statutes, ordinances,	15407
rules, or policies.	15408

(2) The provider has obtained prior approval from the	15409
department of job and family services. The provider shall submit a	15410
plan that describes in detail the changes in capital assets to be	15411
accomplished by means of the renovation and the timetable for	15412
completing the project. The time for completion of the project	15413
shall be no more than eighteen months after the renovation begins.	15414
The director of job and family services shall adopt rules under	15415
section 5111.02 of the Revised Code that specify criteria and	15416
procedures for prior approval of renovation projects. No provider	15417
shall separate a project with the intent to evade the	15418
characterization of the project as a renovation or as an extensive	15419
renovation. No provider shall increase the scope of a project	15420
after it is approved by the department of job and family services	15421
unless the increase in scope is approved by the department.	15422

(E) The amounts specified in divisions (C) and (D) of this	15423
section shall be adjusted beginning July 1, 1993, for the	15424
estimated inflation for the twelve-month period beginning on the	15425
first day of July of the calendar year preceding the calendar year	15426
that precedes the fiscal year for which rate will be paid and	15427
ending on the thirtieth day of the following June, using the	15428
consumer price index for shelter costs for all urban consumers for	15429
the north central region, as published by the United States bureau	15430
of labor statistics.	15431

(F)(1) For facilities of eight or fewer beds that have dates	15432
of licensure or have been granted project authorization by the	15433
department of ~~mental retardation and~~ developmental disabilities	15434
before July 1, 1993, and for facilities of eight or fewer beds	15435
that have dates of licensure or have been granted project	15436
authorization after that date if the providers of the facilities	15437
demonstrate that they made substantial commitments of funds on or	15438
before that date, cost of ownership shall not exceed eighteen	15439
dollars and thirty cents per resident per day. The eighteen-dollar	15440
and thirty-cent amount shall be increased by the change in the	15441
"Dodge building cost indexes, northeastern and north central	15442
states," published by Marshall and Swift, during the period	15443
beginning June 30, 1990, and ending July 1, 1993, and by the	15444
change in the consumer price index for shelter costs for all urban	15445
consumers for the north central region, as published by the United	15446
States bureau of labor statistics, annually thereafter.	15447

(2) For facilities with eight or fewer beds that have dates	15448
of licensure or have been granted project authorization by the	15449
department of ~~mental retardation and~~ developmental disabilities on	15450
or after July 1, 1993, for which substantial commitments of funds	15451
were not made before that date, cost of ownership payments shall	15452
not exceed the applicable amount calculated under division (F)(1)	15453
of this section, if the department of job and family services	15454
gives prior approval for construction of the facility. If the	15455
department does not give prior approval, cost of ownership	15456
payments shall not exceed the amount specified in division (C) of	15457
this section.	15458

(3) Notwithstanding divisions (D) and (F)(1) and (2) of this	15459
section, the total payment for cost of ownership, cost of	15460
ownership efficiency incentive, and capitalized costs of	15461
renovations for an intermediate care facility for the mentally	15462
retarded with eight or fewer beds shall not exceed the sum of the	15463
limitations specified in divisions (C) and (D) of this section.	15464

(G) Notwithstanding any provision of this section or section	15465
5111.241 of the Revised Code, the director of job and family	15466
services may adopt rules under section 5111.02 of the Revised Code	15467
that provide for a calculation of a combined maximum payment limit	15468
for indirect care costs and cost of ownership for intermediate	15469
care facilities for the mentally retarded with eight or fewer	15470
beds.	15471

(H) After the date on which a transaction of sale is closed,	15472
the provider shall refund to the department the amount of excess	15473
depreciation paid to the provider for the facility by the	15474
department for each year the provider has operated the facility	15475
under a provider agreement and prorated according to the number of	15476
medicaid patient days for which the provider has received payment	15477
for the facility. For the purposes of this division,	15478
"depreciation paid to the provider for the facility" means the	15479
amount paid to the provider for the intermediate care facility for	15480
the mentally retarded for cost of ownership pursuant to this	15481
section less any amount paid for interest costs. For the purposes	15482
of this division, "excess depreciation" is the intermediate care	15483
facility for the mentally retarded's depreciated basis, which is	15484
the provider's cost less accumulated depreciation, subtracted from	15485
the purchase price but not exceeding the amount of depreciation	15486
paid to the provider for the facility.	15487

(I) The department of job and family services shall pay a	15488
provider for each of the provider's eligible proprietary	15489
intermediate care facilities for the mentally retarded a return on	15490
the facility's net equity computed at the rate of one and one-half	15491
times the average of interest rates on special issues of public	15492
debt obligations issued to the federal hospital insurance trust	15493
fund for the cost reporting period. No facility's return on net	15494
equity paid under this division shall exceed one dollar per	15495
patient day.	15496

In calculating the rate for return on net equity, the	15497
department shall use the greater of the facility's inpatient days	15498
during the applicable cost reporting period or the number of	15499
inpatient days the facility would have had during that period if	15500
its occupancy rate had been ninety-five per cent.	15501

(J)(1) Except as provided in division (J)(2) of this section,	15502
if a provider leases or transfers an interest in a facility to	15503
another provider who is a related party, the related party's	15504
allowable cost of ownership shall include the lesser of the	15505
following:	15506

(a) The annual lease expense or actual cost of ownership,	15507
whichever is applicable;	15508

(b) The reasonable cost to the lessor or provider making the	15509
transfer.	15510

(2) If a provider leases or transfers an interest in a	15511
facility to another provider who is a related party, regardless of	15512
the date of the lease or transfer, the related party's allowable	15513
cost of ownership shall include the annual lease expense or actual	15514
cost of ownership, whichever is applicable, subject to the	15515
limitations specified in divisions (B) to (I) of this section, if	15516
all of the following conditions are met:	15517

(a) The related party is a relative of owner;

15518

(b) In the case of a lease, if the lessor retains any	15519
ownership interest, it is, except as provided in division	15520
(J)(2)(d)(ii) of this section, in only the real property and any	15521
improvements on the real property;	15522

(c) In the case of a transfer, the provider making the	15523
transfer retains, except as provided in division (J)(2)(d)(iv) of	15524
this section, no ownership interest in the facility;	15525

(d) The department of job and family services determines that	15526
the lease or transfer is an arm's length transaction pursuant to	15527
rules adopted under section 5111.02 of the Revised Code. The rules	15528
shall provide that a lease or transfer is an arm's length	15529
transaction if all of the following, as applicable, apply:	15530

(i) In the case of a lease, once the lease goes into effect,	15531
the lessor has no direct or indirect interest in the lessee or,	15532
except as provided in division (J)(2)(b) of this section, the	15533
facility itself, including interest as an owner, officer,	15534
director, employee, independent contractor, or consultant, but	15535
excluding interest as a lessor.	15536

(ii) In the case of a lease, the lessor does not reacquire an	15537
interest in the facility except through the exercise of a lessor's	15538
rights in the event of a default. If the lessor reacquires an	15539
interest in the facility in this manner, the department shall	15540
treat the facility as if the lease never occurred when the	15541
department calculates its reimbursement rates for capital costs.	15542

(iii) In the case of a transfer, once the transfer goes into	15543
effect, the provider that made the transfer has no direct or	15544
indirect interest in the provider that acquires the facility or	15545
the facility itself, including interest as an owner, officer,	15546
director, employee, independent contractor, or consultant, but	15547
excluding interest as a creditor.	15548

(iv) In the case of a transfer, the provider that made the	15549
transfer does not reacquire an interest in the facility except	15550
through the exercise of a creditor's rights in the event of a	15551
default. If the provider reacquires an interest in the facility in	15552
this manner, the department shall treat the facility as if the	15553
transfer never occurred when the department calculates its	15554
reimbursement rates for capital costs.	15555

(v) The lease or transfer satisfies any other criteria	15556
specified in the rules.	15557

(e) Except in the case of hardship caused by a catastrophic	15558
event, as determined by the department, or in the case of a lessor	15559
or provider making the transfer who is at least sixty-five years	15560
of age, not less than twenty years have elapsed since, for the	15561
same facility, allowable cost of ownership was determined most	15562
recently under this division.	15563

Sec. 5111.291. Notwithstanding sections 5111.20 to 5111.33	15564
of the Revised Code, the department of job and family services may	15565
compute the rate for intermediate care facilities for the mentally	15566
retarded operated by the department of ~~mental retardation and~~	15567
developmental disabilities or the department of mental health	15568
according to the reasonable cost principles of Title XVIII.	15569

Sec. 5111.65. As used in sections 5111.65 to 5111.688 of the	15570
Revised Code:	15571

(A) "Change of operator" means an entering operator becoming	15572
the operator of a nursing facility or intermediate care facility	15573
for the mentally retarded in the place of the exiting operator.	15574

(1) Actions that constitute a change of operator include the	15575
following:	15576

(a) A change in an exiting operator's form of legal	15577
organization, including the formation of a partnership or	15578
corporation from a sole proprietorship;	15579

(b) A transfer of all the exiting operator's ownership	15580
interest in the operation of the facility to the entering	15581
operator, regardless of whether ownership of any or all of the	15582
real property or personal property associated with the facility is	15583
also transferred;	15584

(c) A lease of the facility to the entering operator or the	15585
exiting operator's termination of the exiting operator's lease;	15586

(d) If the exiting operator is a partnership, dissolution of	15587
the partnership;	15588

(e) If the exiting operator is a partnership, a change in	15589
composition of the partnership unless both of the following apply:	15590

(i) The change in composition does not cause the	15591
partnership's dissolution under state law.	15592

(ii) The partners agree that the change in composition does	15593
not constitute a change in operator.	15594

(f) If the operator is a corporation, dissolution of the	15595
corporation, a merger of the corporation into another corporation	15596
that is the survivor of the merger, or a consolidation of one or	15597
more other corporations to form a new corporation.	15598

(2) The following, alone, do not constitute a change of	15599
operator:	15600

(a) A contract for an entity to manage a nursing facility or	15601
intermediate care facility for the mentally retarded as the	15602
operator's agent, subject to the operator's approval of daily	15603
operating and management decisions;	15604

(b) A change of ownership, lease, or termination of a lease	15605
of real property or personal property associated with a nursing	15606
facility or intermediate care facility for the mentally retarded	15607
if an entering operator does not become the operator in place of	15608
an exiting operator;	15609

(c) If the operator is a corporation, a change of one or more	15610
members of the corporation's governing body or transfer of	15611
ownership of one or more shares of the corporation's stock, if the	15612
same corporation continues to be the operator.	15613

(B) "Effective date of a change of operator" means the day	15614
the entering operator becomes the operator of the nursing facility	15615
or intermediate care facility for the mentally retarded.	15616

(C) "Effective date of a facility closure" means the last day	15617
that the last of the residents of the nursing facility or	15618
intermediate care facility for the mentally retarded resides in	15619
the facility.	15620

(D) "Effective date of a voluntary termination" means the day	15621
the intermediate care facility for the mentally retarded ceases to	15622
accept medicaid patients.	15623

(E) "Effective date of a voluntary withdrawal of	15624
participation" means the day the nursing facility ceases to accept	15625
new medicaid patients other than the individuals who reside in the	15626
nursing facility on the day before the effective date of the	15627
voluntary withdrawal of participation.	15628

(F) "Entering operator" means the person or government entity	15629
that will become the operator of a nursing facility or	15630
intermediate care facility for the mentally retarded when a change	15631
of operator occurs.	15632

(G) "Exiting operator" means any of the following:

15633

(1) An operator that will cease to be the operator of a	15634
nursing facility or intermediate care facility for the mentally	15635
retarded on the effective date of a change of operator;	15636

(2) An operator that will cease to be the operator of a	15637
nursing facility or intermediate care facility for the mentally	15638
retarded on the effective date of a facility closure;	15639

(3) An operator of an intermediate care facility for the	15640
mentally retarded that is undergoing or has undergone a voluntary	15641
termination;	15642

(4) An operator of a nursing facility that is undergoing or	15643
has undergone a voluntary withdrawal of participation.	15644

(H)(1) "Facility closure" means discontinuance of the use of	15645
the building, or part of the building, that houses the facility as	15646
a nursing facility or intermediate care facility for the mentally	15647
retarded that results in the relocation of all of the facility's	15648
residents. A facility closure occurs regardless of any of the	15649
following:	15650

(a) The operator completely or partially replacing the	15651
facility by constructing a new facility or transferring the	15652
facility's license to another facility;	15653

(b) The facility's residents relocating to another of the	15654
operator's facilities;	15655

(c) Any action the department of health takes regarding the	15656
facility's certification under Title XIX of the "Social Security	15657
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended, that may	15658
result in the transfer of part of the facility's survey findings	15659
to another of the operator's facilities;	15660

(d) Any action the department of health takes regarding the	15661
facility's license under Chapter 3721. of the Revised Code;	15662

(e) Any action the department of ~~mental retardation and~~	15663
developmental disabilities takes regarding the facility's license	15664
under section 5123.19 of the Revised Code.	15665

(2) A facility closure does not occur if all of the	15666
facility's residents are relocated due to an emergency evacuation	15667
and one or more of the residents return to a medicaid-certified	15668
bed in the facility not later than thirty days after the	15669
evacuation occurs.	15670

(I) "Fiscal year," "intermediate care facility for the	15671
mentally retarded," "nursing facility," "operator," "owner," and	15672
"provider agreement" have the same meanings as in section 5111.20	15673
of the Revised Code.	15674

(J) "Voluntary termination" means an operator's voluntary	15675
election to terminate the participation of an intermediate care	15676
facility for the mentally retarded in the medicaid program but to	15677
continue to provide service of the type provided by a residential	15678
facility as defined in section 5123.19 of the Revised Code.	15679

(K) "Voluntary withdrawal of participation" means an	15680
operator's voluntary election to terminate the participation of a	15681
nursing facility in the medicaid program but to continue to	15682
provide service of the type provided by a nursing facility.	15683

Sec. 5111.677. Neither of the following shall affect the	15684
department of job and family services' determination of whether or	15685
when a change of operator occurs or the effective date of an	15686
entering operator's provider agreement under section 5111.671,	15687
section 5111.672, or, pursuant to section 5111.675, section	15688
5111.22 of the Revised Code:	15689

(A) The department of health's determination that a change of	15690
operator has or has not occurred for purposes of licensure under	15691
Chapter 3721. of the Revised Code;	15692

(B) The department of ~~mental retardation and~~ developmental	15693
disabilities' determination that a change of operator has or has	15694
not occurred for purposes of licensure under section 5123.19 of	15695
the Revised Code.	15696

Sec. 5111.709. (A) There is hereby created the medicaid	15697
buy-in advisory council. The council shall consist of all of the	15698
following:	15699

(1) The following voting members:

15700

(a) The executive director of assistive technology of Ohio or	15701
the executive director's designee;	15702

(b) The director of the axis center for public awareness of	15703
people with disabilities or the director's designee;	15704

(c) The executive director of the cerebral palsy association	15705
of Ohio or the executive director's designee;	15706

(d) The chief executive officer of Ohio advocates for mental	15707
health or the chief executive officer's designee;	15708

(e) The state director of the Ohio chapter of AARP or the	15709
state director's designee;	15710

(f) The director of the Ohio developmental disabilities	15711
council created under section 5123.35 of the Revised Code or the	15712
director's designee;	15713

(g) The executive director of the governor's council on	15714
people with disabilities created under section 3303.41 of the	15715
Revised Code or the executive director's designee;	15716

(h) The administrator of the legal rights service created	15717
under section 5123.60 of the Revised Code or the administrator's	15718
designee;	15719

(i) The chairperson of the Ohio Olmstead task force or the	15720
chairperson's designee;	15721

(j) The executive director of the Ohio statewide independent	15722
living council or the executive director's designee;	15723

(k) The president of the Ohio chapter of the national	15724
multiple sclerosis society or the president's designee;	15725

(l) The executive director of the arc of Ohio or the	15726
executive director's designee;	15727

(m) The executive director of the commission on minority	15728
health or the executive director's designee;	15729

(n) The executive director of the brain injury association of	15730
Ohio or the executive director's designee;	15731

(o) The executive officer of any other advocacy organization	15732
who volunteers to serve on the council, or such an executive	15733
officer's designee, if the other voting members, at a meeting	15734
called by the chairperson elected under division (C) of this	15735
section, determine it is appropriate for the advocacy organization	15736
to be represented on the council;	15737

(p) One or more participants who volunteer to serve on the	15738
council and are selected by the other voting members at a meeting	15739
the chairperson calls after the medicaid buy-in for workers with	15740
disabilities program is implemented.	15741

(2) The following non-voting members:

15742

(a) The director of job and family services or the director's	15743
designee;	15744

(b) The administrator of the rehabilitation services	15745
commission or the administrator's designee;	15746

(c) The director of alcohol and drug addiction services or	15747
the director's designee;	15748

(d) The director of ~~mental retardation and~~ developmental	15749
disabilities or the director's designee;	15750

(e) The director of mental health or the director's designee;

15751

(f) The executive officer of any other government entity, or	15752
the executive officer's designee, if the voting members, at a	15753
meeting called by the chairperson, determine it is appropriate for	15754
the government entity to be represented on the council.	15755

(B) All members of the medicaid buy-in advisory council shall	15756
serve without compensation or reimbursement, except as serving on	15757
the council is considered part of their usual job duties.	15758

(C) The voting members of the medicaid buy-in advisory	15759
council shall elect one of the members of the council to serve as	15760
the council's chairperson for a two-year term. The chairperson	15761
may be re-elected to successive terms.	15762

(D) The department of job and family services shall provide	15763
the Ohio medicaid buy-in advisory council with accommodations for	15764
the council to hold its meetings and shall provide the council	15765
with other administrative assistance the council needs to perform	15766
its duties.	15767

Sec. 5111.87. (A) As used in this section and section	15768
5111.871 of the Revised Code:	15769

(1) "Intermediate care facility for the mentally retarded"	15770
has the same meaning as in section 5111.20 of the Revised Code.	15771

(2) "Medicaid waiver component" has the same meaning as in	15772
section 5111.85 of the Revised Code.	15773

(B) The director of job and family services may apply to the	15774
United States secretary of health and human services for both of	15775
the following:	15776

(1) One or more medicaid waiver components under which home	15777
and community-based services are provided to individuals with	15778
mental retardation or other developmental disability as an	15779
alternative to placement in an intermediate care facility for the	15780
mentally retarded;	15781

(2) One or more medicaid waiver components under which home	15782
and community-based services are provided in the form of any of	15783
the following:	15784

(a) Early intervention and supportive services for children	15785
under three years of age who have developmental delays or	15786
disabilities the director determines are significant;	15787

(b) Therapeutic services for children who have autism;

15788

(c) Specialized habilitative services for individuals who are	15789
eighteen years of age or older and have autism.	15790

(C) No medicaid waiver component authorized by division	15791
(B)(2)(b) or (c) of this section shall provide services that are	15792
available under another medicaid waiver component. No medicaid	15793
waiver component authorized by division (B)(2)(b) of this section	15794
shall provide services to an individual that the individual is	15795
eligible to receive through an individualized education program as	15796
defined in section 3323.01 of the Revised Code.	15797

(D) The director of ~~mental retardation and~~ developmental	15798
disabilities or director of health may request that the director	15799
of job and family services apply for one or more medicaid waivers	15800
under this section.	15801

(E) Before applying for a waiver under this section, the	15802
director of job and family services shall seek, accept, and	15803
consider public comments.	15804

Sec. 5111.871. The department of job and family services	15805
shall enter into a contract with the department of ~~mental~~	15806
~~retardation and~~ developmental disabilities under section 5111.91	15807
of the Revised Code with regard to one or more of the components	15808
of the medicaid program established by the department of job and	15809
family services under one or more of the medicaid waivers sought	15810
under section 5111.87 of the Revised Code. The contract shall	15811
provide for the department of ~~mental retardation and~~ developmental	15812
disabilities to administer the components in accordance with the	15813
terms of the waivers. The directors of job and family services and	15814
~~mental retardation and~~ developmental disabilities shall adopt	15815
rules in accordance with Chapter 119. of the Revised Code	15816
governing the components.	15817

If the department of ~~mental retardation and~~ developmental	15818
disabilities or the department of job and family services denies	15819
an individual's application for home and community-based services	15820
provided under any of these medicaid components, the department	15821
that denied the services shall give timely notice to the	15822
individual that the individual may request a hearing under section	15823
5101.35 of the Revised Code.	15824

The departments of ~~mental retardation and~~ developmental	15825
disabilities and job and family services may approve, reduce,	15826
deny, or terminate a service included in the individualized	15827
service plan developed for a medicaid recipient eligible for home	15828
and community-based services provided under any of these medicaid	15829
components. The departments shall consider the recommendations a	15830
county board of ~~mental retardation and~~ developmental disabilities	15831
makes under division (A)(1)(c) of section 5126.055 of the Revised	15832
Code. If either department approves, reduces, denies, or	15833
terminates a service, that department shall give timely notice to	15834
the medicaid recipient that the recipient may request a hearing	15835
under section 5101.35 of the Revised Code.	15836

If supported living, as defined in section 5126.01 of the	15837
Revised Code, is to be provided as a service under any of these	15838
components, any person or government entity with a current, valid	15839
medicaid provider agreement and a current, valid certificate	15840
under section 5123.161 of the Revised Code may provide the	15841
service.	15842

If a service is to be provided under any of these components	15843
by a residential facility, as defined in section 5123.19 of the	15844
Revised Code, any person or government entity with a current,	15845
valid medicaid provider agreement and a current, valid license	15846
under section 5123.19 of the Revised Code may provide the service.	15847

Sec. 5111.872. When the department of ~~mental retardation and~~	15848
developmental disabilities allocates enrollment numbers to a	15849
county board of ~~mental retardation and~~ developmental disabilities	15850
for home and community-based services specified in division (B)(1)	15851
of section 5111.87 of the Revised Code and provided under any of	15852
the components of the medicaid program that the department	15853
administers under section 5111.871 of the Revised Code, the	15854
department shall consider all of the following:	15855

(A) The number of individuals with mental retardation or	15856
other developmental disability who are on a waiting list the	15857
county board establishes under division (C) of section 5126.042 of	15858
the Revised Code for those services and are given priority on the	15859
waiting list pursuant to division (D) or (E) of that section;	15860

(B) The implementation component required by division (A)(3)	15861
of section 5126.054 of the Revised Code of the county board's plan	15862
approved under section 5123.046 of the Revised Code;	15863

(C) Anything else the department considers necessary to	15864
enable county boards to provide those services to individuals in	15865
accordance with the priority requirements of divisions (D) and (E)	15866
of section 5126.042 of the Revised Code.	15867

Sec. 5111.873. (A) Not later than the effective date of the	15868
first of any medicaid waivers the United States secretary of	15869
health and human services grants pursuant to a request made under	15870
section 5111.87 of the Revised Code, the director of job and	15871
family services shall adopt rules in accordance with Chapter 119.	15872
of the Revised Code establishing statewide fee schedules for home	15873
and community-based services specified in division (B)(1) of	15874
section 5111.87 of the Revised Code and provided under the	15875
components of the medicaid program that the department of ~~mental~~	15876
~~retardation and~~ developmental disabilities administers under	15877
section 5111.871 of the Revised Code. The rules shall provide for	15878
all of the following:	15879

(1) The department of ~~mental retardation and~~ developmental	15880
disabilities arranging for the initial and ongoing collection of	15881
cost information from a comprehensive, statistically valid sample	15882
of persons and government entities providing the services at the	15883
time the information is obtained;	15884

(2) The collection of consumer-specific information through	15885
an assessment instrument the department of ~~mental retardation and~~	15886
developmental disabilities shall provide to the department of job	15887
and family services;	15888

(3) With the information collected pursuant to divisions	15889
(A)(1) and (2) of this section, an analysis of that information,	15890
and other information the director determines relevant, methods	15891
and standards for calculating the fee schedules that do all of the	15892
following:	15893

(a) Assure that the fees are consistent with efficiency,	15894
economy, and quality of care;	15895

(b) Consider the intensity of consumer resource need;

15896

(c) Recognize variations in different geographic areas	15897
regarding the resources necessary to assure the health and welfare	15898
of consumers;	15899

(d) Recognize variations in environmental supports available	15900
to consumers.	15901

(B) As part of the process of adopting rules under this	15902
section, the director shall consult with the director of ~~mental~~	15903
~~retardation and~~ developmental disabilities, representatives of	15904
county boards of ~~mental retardation and~~ developmental	15905
disabilities, persons who provide the home and community-based	15906
services, and other persons and government entities the director	15907
identifies.	15908

(C) The directors of job and family services and ~~mental~~	15909
~~retardation and~~ developmental disabilities shall review the rules	15910
adopted under this section at times they determine to ensure that	15911
the methods and standards established by the rules for calculating	15912
the fee schedules continue to do everything that division (A)(3)	15913
of this section requires.	15914

Sec. 5111.874. (A) As used in sections 5111.874 to 5111.8710	15915
of the Revised Code:	15916

"Home and community-based services" has the same meaning as	15917
in section 5123.01 of the Revised Code.	15918

"ICF/MR services" means intermediate care facility for the	15919
mentally retarded services covered by the medicaid program that an	15920
intermediate care facility for the mentally retarded provides to a	15921
resident of the facility who is a medicaid recipient eligible for	15922
medicaid-covered intermediate care facility for the mentally	15923
retarded services.	15924

"Intermediate care facility for the mentally retarded" means	15925
an intermediate care facility for the mentally retarded that is	15926
certified as in compliance with applicable standards for the	15927
medicaid program by the director of health in accordance with	15928
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42	15929
U.S.C. 1396, as amended, and licensed as a residential facility	15930
under section 5123.19 of the Revised Code.	15931

"Residential facility" has the same meaning as in section	15932
5123.19 of the Revised Code.	15933

(B) For the purpose of increasing the number of slots	15934
available for home and community-based services and subject to	15935
sections 5111.877 and 5111.878 of the Revised Code, the operator	15936
of an intermediate care facility for the mentally retarded may	15937
convert all of the beds in the facility from providing ICF/MR	15938
services to providing home and community-based services if all	15939
of the following requirements are met:	15940

(1) The operator provides the directors of health, job and	15941
family services, and ~~mental retardation and~~ developmental	15942
disabilities at least ninety days' notice of the operator's intent	15943
to relinquish the facility's certification as an intermediate care	15944
facility for the mentally retarded and to begin providing home and	15945
community-based services.	15946

(2) The operator complies with the requirements of sections	15947
5111.65 to 5111.688 of the Revised Code regarding a voluntary	15948
termination as defined in section 5111.65 of the Revised Code if	15949
those requirements are applicable.	15950

(3) The operator notifies each of the facility's residents	15951
that the facility is to cease providing ICF/MR services and inform	15952
each resident that the resident may do either of the following:	15953

(a) Continue to receive ICF/MR services by transferring to	15954
another facility that is an intermediate care facility for the	15955
mentally retarded willing and able to accept the resident if the	15956
resident continues to qualify for ICF/MR services;	15957

(b) Begin to receive home and community-based services	15958
instead of ICF/MR services from any provider of home and	15959
community-based services that is willing and able to provide the	15960
services to the resident if the resident is eligible for the	15961
services and a slot for the services is available to the resident.	15962

(4) The operator meets the requirements for providing home	15963
and community-based services, including the following:	15964

(a) Such requirements applicable to a residential facility if	15965
the operator maintains the facility's license as a residential	15966
facility;	15967

(b) Such requirements applicable to a facility that is not	15968
licensed as a residential facility if the operator surrenders the	15969
facility's residential facility license under section 5123.19 of	15970
the Revised Code.	15971

(5) The director of ~~mental retardation and~~ developmental	15972
disabilities approves the conversion.	15973

(C) The notice to the director of ~~mental retardation and~~	15974
developmental disabilities under division (B)(1) of this section	15975
shall specify whether the operator wishes to surrender the	15976
facility's license as a residential facility under section 5123.19	15977
of the Revised Code.	15978

(D) If the director of ~~mental retardation and~~ developmental	15979
disabilities approves a conversion under division (B) of this	15980
section, the director of health shall terminate the certification	15981
of the intermediate care facility for the mentally retarded to be	15982
converted. The director of health shall notify the director of	15983
job and family services of the termination. On receipt of the	15984
director of health's notice, the director of job and family	15985
services shall terminate the operator's medicaid provider	15986
agreement that authorizes the operator to provide ICF/MR services	15987
at the facility. The operator is not entitled to notice or a	15988
hearing under Chapter 119. of the Revised Code before the	15989
director of job and family services terminates the medicaid	15990
provider agreement.	15991

Sec. 5111.875. (A) For the purpose of increasing the number	15992
of slots available for home and community-based services and	15993
subject to sections 5111.877 and 5111.878 of the Revised Code, a	15994
person who acquires, through a request for proposals issued by	15995
the director of ~~mental retardation and~~ developmental	15996
disabilities, a residential facility that is an intermediate care	15997
facility for the mentally retarded and for which the license as a	15998
residential facility was previously surrendered or revoked may	15999
convert some or all of the facility's beds from providing ICF/MR	16000
services to providing home and community-based services if all	16001
of the following requirements are met:	16002

(1) The person provides the directors of health, job and	16003
family services, and ~~mental retardation and~~ developmental	16004
disabilities at least ninety days' notice of the person's intent	16005
to make the conversion.	16006

(2) The person complies with the requirements of sections	16007
5111.65 to 5111.688 of the Revised Code regarding a voluntary	16008
termination as defined in section 5111.65 of the Revised Code if	16009
those requirements are applicable.	16010

(3) If the person intends to convert all of the facility's	16011
beds, the person notifies each of the facility's residents that	16012
the facility is to cease providing ICF/MR services and informs	16013
each resident that the resident may do either of the following:	16014

(a) Continue to receive ICF/MR services by transferring to	16015
another facility that is an intermediate care facility for the	16016
mentally retarded willing and able to accept the resident if the	16017
resident continues to qualify for ICF/MR services;	16018

(b) Begin to receive home and community-based services	16019
instead of ICF/MR services from any provider of home and	16020
community-based services that is willing and able to provide the	16021
services to the resident if the resident is eligible for the	16022
services and a slot for the services is available to the resident.	16023

(4) If the person intends to convert some but not all of the	16024
facility's beds, the person notifies each of the facility's	16025
residents that the facility is to convert some of its beds from	16026
providing ICF/MR services to providing home and community-based	16027
services and inform each resident that the resident may do either	16028
of the following:	16029

(a) Continue to receive ICF/MR services from any provider of	16030
ICF/MR services that is willing and able to provide the services	16031
to the resident if the resident continues to qualify for ICF/MR	16032
services;	16033

(b) Begin to receive home and community-based services	16034
instead of ICF/MR services from any provider of home and	16035
community-based services that is willing and able to provide the	16036
services to the resident if the resident is eligible for the	16037
services and a slot for the services is available to the resident.	16038

(5) The person meets the requirements for providing home and	16039
community-based services at a residential facility.	16040

(B) The notice provided to the directors under division	16041
(A)(1) of this section shall specify whether some or all of the	16042
facility's beds are to be converted. If some but not all of the	16043
beds are to be converted, the notice shall specify how many of	16044
the facility's beds are to be converted and how many of the beds	16045
are to continue to provide ICF/MR services.	16046

(C) On receipt of a notice under division (A)(1) of this	16047
section, the director of health shall do the following:	16048

(1) Terminate the certification of the intermediate care	16049
facility for the mentally retarded if the notice specifies that	16050
all of the facility's beds are to be converted;	16051

(2) Reduce the facility's certified capacity by the number of	16052
beds being converted if the notice specifies that some but not all	16053
of the beds are to be converted.	16054

(D) The director of health shall notify the director of job	16055
and family services of the termination or reduction under division	16056
(C) of this section. On receipt of the director of health's	16057
notice, the director of job and family services shall do the	16058
following:	16059

(1) Terminate the person's medicaid provider agreement that	16060
authorizes the person to provide ICF/MR services at the facility	16061
if the facility's certification was terminated;	16062

(2) Amend the person's medicaid provider agreement to reflect	16063
the facility's reduced certified capacity if the facility's	16064
certified capacity is reduced.	16065

The person is not entitled to notice or a hearing under	16066
Chapter 119. of the Revised Code before the director of job and	16067
family services terminates or amends the medicaid provider	16068
agreement.	16069

Sec. 5111.876. Subject to section 5111.877 of the Revised	16070
Code, the director of ~~mental retardation and~~ developmental	16071
disabilities may request that the director of job and family	16072
services seek the approval of the United States secretary of	16073
health and human services to increase the number of slots	16074
available for home and community-based services by a number not	16075
exceeding the number of beds that were part of the licensed	16076
capacity of a residential facility that had its license revoked or	16077
surrendered under section 5123.19 of the Revised Code if the	16078
residential facility was an intermediate care facility for the	16079
mentally retarded at the time of the license revocation or	16080
surrender. The revocation or surrender may have occurred before,	16081
or may occur on or after, ~~the effective date of this section~~June	16082
24, 2008. The request may include beds the director removed from	16083
such a residential facility's licensed capacity before	16084
transferring ownership or operation of the residential facility	16085
pursuant to a request for proposals.	16086

Sec. 5111.8710. The directors of job and family services and	16087
~~mental retardation and~~ developmental disabilities may adopt rules	16088
in accordance with Chapter 119. of the Revised Code as necessary	16089
to implement sections 5111.874 to 5111.8710 of the Revised Code.	16090

Sec. 5111.915. (A) The department of job and family services	16091
shall enter into an agreement with the department of	16092
administrative services for the department of administrative	16093
services to contract through competitive selection pursuant to	16094
section 125.07 of the Revised Code with a vendor to perform an	16095
assessment of the data collection and data warehouse functions of	16096
the medicaid data warehouse system, including the ability to link	16097
the data sets of all agencies serving medicaid recipients.	16098

The assessment of the data system shall include functions	16099
related to fraud and abuse detection, program management and	16100
budgeting, and performance measurement capabilities of all	16101
agencies serving medicaid recipients, including the departments of	16102
aging, alcohol and drug addiction services, health, job and family	16103
services, mental health, and ~~mental retardation and~~ developmental	16104
disabilities.	16105

The department of administrative services shall enter into	16106
this contract within thirty days after ~~the effective date of this~~	16107
~~section~~September 29, 2005. The contract shall require the vendor	16108
to complete the assessment within ninety days after ~~the effective~~	16109
~~date of this section~~September 29, 2005.	16110

A qualified vendor with whom the department of administrative	16111
services contracts to assess the data system shall also assist the	16112
medicaid agencies in the definition of the requirements for an	16113
enhanced data system or a new data system and assist the	16114
department of administrative services in the preparation of a	16115
request for proposal to enhance or develop a data system.	16116

(B) Based on the assessment performed pursuant to division	16117
(A) of this section, the department of administrative services	16118
shall seek a qualified vendor through competitive selection	16119
pursuant to section 125.07 of the Revised Code to develop or	16120
enhance a data collection and data warehouse system for the	16121
department of job and family services and all agencies serving	16122
medicaid recipients.	16123

Within ninety days after ~~the effective date of this section~~	16124
September 29, 2005, the department of job and family services	16125
shall seek enhanced federal funding for ninety per cent of the	16126
funds required to establish or enhance the data system. The	16127
department of administrative services shall not award a contract	16128
for establishing or enhancing the data system until the department	16129
of job and family services receives approval from the secretary of	16130
the United States department of health and human services for the	16131
ninety per cent federal match.	16132

Sec. 5112.30. As used in sections 5112.30 to 5112.39 of the	16133
Revised Code:	16134

(A) "Intermediate care facility for the mentally retarded"	16135
has the same meaning as in section 5111.20 of the Revised Code,	16136
except that it does not include any such facility operated by the	16137
department of ~~mental retardation and~~ developmental disabilities.	16138

(B) "Medicaid" has the same meaning as in section 5111.01 of	16139
the Revised Code.	16140

Sec. 5112.32. For the purpose of the franchise permit fee	16141
imposed under section 5112.31 of the Revised Code, the department	16142
of ~~mental retardation and~~ developmental disabilities shall:	16143

(A) Not later than August 1, 1993, report to the department	16144
of job and family services the number of beds in each intermediate	16145
care facility for the mentally retarded certified on July 1, 1993,	16146
under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),	16147
42 U.S.C.A. 301, as amended;	16148

(B) Not later than June 1, 1994, and the first day of each	16149
June thereafter, report to the department of job and family	16150
services the number of beds in each such facility certified on the	16151
preceding first day of May under that title.	16152

Sec. 5112.37. There is hereby created in the state treasury	16153
the home and community-based services for the mentally retarded	16154
and developmentally disabled fund. Ninety-four and twenty-eight	16155
hundredths per cent of all installment payments and penalties	16156
paid by an intermediate care facility for the mentally retarded	16157
under sections 5112.33 and 5112.34 of the Revised Code shall be	16158
deposited into the fund. The department of job and family	16159
services shall distribute the money in the fund in accordance	16160
with rules adopted under section 5112.39 of the Revised Code. The	16161
departments of job and family services and ~~mental retardation and~~	16162
developmental disabilities shall use the money for the medicaid	16163
program established under Chapter 5111. of the Revised Code and	16164
home and community-based services to mentally retarded and	16165
developmentally disabled persons.	16166

Sec. 5112.371. There is hereby created in the state treasury	16167
the children with intensive behavioral needs programs fund. Five	16168
and seventy-two hundredths per cent of all installment payments	16169
and penalties paid by an intermediate care facility for the	16170
mentally retarded under sections 5112.33 and 5112.34 of the	16171
Revised Code shall be deposited in the fund. The money in the fund	16172
shall be used for the programs the director of ~~mental retardation~~	16173
~~and~~ developmental disabilities establishes under section 5123.0417	16174
of the Revised Code.	16175

Sec. 5119.16. As used in this section, "free clinic" has the	16176
same meaning as in section 2305.2341 of the Revised Code.	16177

(A) The department of mental health is hereby designated to	16178
provide certain goods and services for the department of mental	16179
health, the department of ~~mental retardation and~~ developmental	16180
disabilities, the department of rehabilitation and correction, the	16181
department of youth services, and other state, county, or	16182
municipal agencies requesting such goods and services when the	16183
department of mental health determines that it is in the public	16184
interest, and considers it advisable, to provide these goods and	16185
services. The department of mental health also may provide goods	16186
and services to agencies operated by the United States government	16187
and to public or private nonprofit agencies, other than free	16188
clinics, that are funded in whole or in part by the state if the	16189
public or private nonprofit agencies are designated for	16190
participation in this program by the director of mental health for	16191
community mental health agencies, the director of ~~mental~~	16192
~~retardation and~~ developmental disabilities for community mental	16193
retardation and developmental disabilities agencies, the director	16194
of rehabilitation and correction for community rehabilitation and	16195
correction agencies, or the director of youth services for	16196
community youth services agencies.	16197

Designated community agencies shall receive goods and	16198
services through the department of mental health only in those	16199
cases where the designating state agency certifies that providing	16200
such goods and services to the agency will conserve public	16201
resources to the benefit of the public and where the provision of	16202
such goods and services is considered feasible by the department	16203
of mental health.	16204

(B) The department of mental health may permit free clinics	16205
to purchase certain goods and services to the extent the purchases	16206
fall within the exemption to the Robinson-Patman Act, 15 U.S.C. 13	16207
et seq., applicable to ~~non-profit~~nonprofit institutions, in 15	16208
U.S.C. 13c, as amended.	16209

(C) The goods and services to be provided by the department	16210
of mental health under divisions (A) and (B) of this section may	16211
include:	16212

(1) Procurement, storage, processing, and distribution of	16213
food and professional consultation on food operations;	16214

(2) Procurement, storage, and distribution of medical and	16215
laboratory supplies, dental supplies, medical records, forms,	16216
optical supplies, and sundries, subject to section 5120.135 of the	16217
Revised Code;	16218

(3) Procurement, storage, repackaging, distribution, and	16219
dispensing of drugs, the provision of professional pharmacy	16220
consultation, and drug information services;	16221

(4) Other goods and services as may be agreed to.

16222

(D) The department of mental health shall provide the goods	16223
and services designated in division (C) of this section to its	16224
institutions and to state-operated community-based mental health	16225
services.	16226

(E) After consultation with and advice from the director of	16227
~~mental retardation and~~ developmental disabilities, the director of	16228
rehabilitation and correction, and the director of youth services,	16229
the department of mental health shall provide the goods and	16230
services designated in division (C) of this section to the	16231
department of ~~mental retardation and~~ developmental disabilities,	16232
the department of rehabilitation and correction, and the	16233
department of youth services.	16234

(F) The cost of administration of this section shall be	16235
determined by the department of mental health and paid by the	16236
agencies or free clinics receiving the goods and services to the	16237
department for deposit in the state treasury to the credit of the	16238
mental health fund, which is hereby created. The fund shall be	16239
used to pay the cost of administration of this section to the	16240
department.	16241

(G) If the goods or services designated in division (C) of	16242
this section are not provided in a satisfactory manner by the	16243
department of mental health to the agencies described in division	16244
(A) of this section, the director of ~~mental retardation and~~	16245
developmental disabilities, the director of rehabilitation and	16246
correction, the director of youth services, or the managing	16247
officer of a department of mental health institution shall attempt	16248
to resolve unsatisfactory service with the director of mental	16249
health. If, after such attempt, the provision of goods or services	16250
continues to be unsatisfactory, the director or officer shall	16251
notify the director of mental health. If within thirty days of	16252
such notice the department of mental health does not provide the	16253
specified goods and services in a satisfactory manner, the	16254
director of ~~mental retardation and~~ developmental disabilities, the	16255
director of rehabilitation and correction, the director of youth	16256
services, or the managing officer of the department of mental	16257
health institution shall notify the director of mental health of	16258
the director's or managing officer's intent to cease purchasing	16259
goods and services from the department. Following a sixty-day	16260
cancellation period from the date of such notice, the department	16261
of ~~mental retardation~~developmental disabilities, department of	16262
rehabilitation and correction, department of youth services, or	16263
the department of mental health institution may obtain the goods	16264
and services from a source other than the department of mental	16265
health, if the department certifies to the department of	16266
administrative services that the requirements of this division	16267
have been met.	16268

(H) Whenever a state agency fails to make a payment for goods	16269
and services provided under this section within thirty-one days	16270
after the date the payment was due, the office of budget and	16271
management may transfer moneys from the state agency to the	16272
department of mental health. The amount transferred shall not	16273
exceed the amount of overdue payments. Prior to making a transfer	16274
under this division, the office of budget and management shall	16275
apply any credits the state agency has accumulated in payments for	16276
goods and services provided under this section.	16277

(I) Purchases of goods and services under this section are	16278
not subject to section 307.86 of the Revised Code.	16279

Sec. 5119.221. (A) Upon petition by the director of mental	16280
health, the court of common pleas or the probate court may appoint	16281
a receiver to take possession of and operate a residential	16282
facility licensed pursuant to section 5119.22 of the Revised Code,	16283
when conditions existing at the residential facility present a	16284
substantial risk of physical or mental harm to residents and no	16285
other remedies at law are adequate to protect the health, safety,	16286
and welfare of the residents.	16287

Petitions filed pursuant to this section shall include:

16288

(1) A description of the specific conditions existing at the	16289
residential facility which present a substantial risk of physical	16290
or mental harm to residents;	16291

(2) A statement of the absence of other adequate remedies at	16292
law;	16293

(3) The number of individuals residing at the facility;

16294

(4) A statement that the facts have been brought to the	16295
attention of the owner or licensee and that conditions have not	16296
been remedied within a reasonable period of time or that the	16297
conditions, though remedied periodically, habitually exist at the	16298
residential facility as a pattern or practice; and	16299

(5) The name and address of the person holding the license	16300
for the residential facility.	16301

(B) A court in which a petition is filed pursuant to this	16302
section shall notify the person holding the license for the	16303
facility of the filing. The department shall send notice of the	16304
filing to the following, as appropriate: the legal rights service	16305
created pursuant to section 5123.60 of the Revised Code; facility	16306
owner; facility operator; board of alcohol, drug addiction, and	16307
mental health services; board of health; department of ~~mental~~	16308
~~retardation and~~ developmental disabilities; department of job and	16309
family services; facility residents; and residents' families and	16310
guardians. The court shall provide a hearing on the petition	16311
within five court days of the time it was filed, except that the	16312
court may appoint a receiver prior to that time if it determines	16313
that the circumstances necessitate such action.	16314

Following a hearing on the petition, and upon a determination	16315
that the appointment of a receiver is warranted, the court shall	16316
appoint a receiver and notify the department of mental health and	16317
appropriate persons of this action.	16318

In setting forth the powers of the receiver, the court may	16319
generally authorize the receiver to do all that is prudent and	16320
necessary to safely and efficiently operate the residential	16321
facility within the requirements of state and federal law, but	16322
shall require the receiver to obtain court approval prior to	16323
making any single expenditure of more than five thousand dollars	16324
to correct deficiencies in the structure or furnishings of a	16325
facility. The court shall closely review the conduct of the	16326
receiver and shall require regular and detailed reports.	16327

(C) A receivership established pursuant to this section shall	16328
be terminated, following notification of the appropriate parties	16329
and a hearing, if the court determines either of the following:	16330

(1) The residential facility has been closed and the former	16331
residents have been relocated to an appropriate facility;	16332

(2) Circumstances no longer exist at the residential facility	16333
which present a substantial risk of physical or mental harm to	16334
residents, and there is no deficiency in the residential facility	16335
that is likely to create a future risk of harm.	16336

Notwithstanding division (C)(2) of this section, the court	16337
shall not terminate a receivership for a residential facility that	16338
has previously operated under another receivership unless the	16339
responsibility for the operation of the facility is transferred to	16340
an operator approved by the court and the department of mental	16341
health.	16342

(D) Except for the department of mental health or appropriate	16343
board of alcohol, drug addiction, and mental health services, no	16344
party or person interested in an action shall be appointed a	16345
receiver pursuant to this section.	16346

To assist the court in identifying persons qualified to be	16347
named as receivers, the director of the department of mental	16348
health shall maintain a list of the names of such persons. The	16349
department of mental health, the department of job and family	16350
services, and the department of health shall provide technical	16351
assistance to any receiver appointed pursuant to this section.	16352

Before entering upon the duties of receiver, the receiver	16353
must be sworn to perform the duties faithfully, and, with surety	16354
approved by the court, judge, or clerk, execute a bond to such	16355
person, and in such sum as the court or judge directs, to the	16356
effect that such receiver will faithfully discharge the duties of	16357
receiver in the action, and obey the orders of the court therein.	16358

(1) Under the control of the appointing court, a receiver may	16359
do the following:	16360

(a) Bring and defend actions in the appointee's name as	16361
receiver;	16362

(b) Take and keep possession of property.

16363

(2) The court shall authorize the receiver to do the	16364
following:	16365

(a) Collect payment for all goods and services provided to	16366
the residents or others during the period of the receivership at	16367
the same rate as was charged by the licensee at the time the	16368
petition for receivership was filed, unless a different rate is	16369
set by the court;	16370

(b) Honor all leases, mortgages, and secured transactions	16371
governing all buildings, goods, and fixtures of which the receiver	16372
has taken possession, but, in the case of a rental agreement only	16373
to the extent of payments that are for the use of the property	16374
during the period of the receivership, or, in the case of a	16375
purchase agreement, only to the extent that payments come due	16376
during the period of the receivership;	16377

(c) If transfer of residents is necessary, provide for the	16378
orderly transfer of residents by:	16379

(i) Cooperating with all appropriate state and local agencies	16380
in carrying out the transfer of residents to alternative community	16381
placements;	16382

(ii) Providing for the transportation of residents'	16383
belongings and records;	16384

(iii) Helping to locate alternative placements and develop	16385
plans for transfer;	16386

(iv) Encouraging residents or guardians to participate in	16387
transfer planning except when an emergency exists and immediate	16388
transfer is necessary.	16389

(d) Make periodic reports on the status of the residential	16390
facility to the court; the appropriate state agencies; and the	16391
board of alcohol, drug addiction, and mental health services. Each	16392
report shall be made available to residents, their guardians, and	16393
families.	16394

(e) Compromise demands or claims; and

16395

(f) Generally do such acts respecting the residential	16396
facility as the court authorizes.	16397

Notwithstanding any other provision of law, contracts which	16398
are necessary to carry out the powers and duties of the receiver	16399
need not be competitively bid.	16400

Sec. 5119.51. Pursuant to Article X of the compact set forth	16401
in section 5119.50 of the Revised Code, the director of mental	16402
health and the director of ~~mental retardation and~~ developmental	16403
disabilities each shall designate an officer who shall be the	16404
compact administrator for ~~his~~the department and who, acting	16405
jointly with like officers of other party states, shall adopt	16406
rules to carry out more effectively the terms of the compact. The	16407
compact administrators of each department shall serve subject to	16408
the pleasure of the governor and shall cooperate with all	16409
departments, agencies, and officers of and in the government of	16410
this state and its subdivisions in facilitating the proper	16411
administration of the compact or of any supplementary agreements	16412
entered into by this state thereunder.	16413

Sec. 5120.07. (A) There is hereby created the ex-offender	16414
reentry coalition consisting of the following seventeen members or	16415
their designees:	16416

(1) The director of rehabilitation and correction;

16417

(2) The director of aging;

16418

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

16419

(4) The director of development;

16420

(5) The superintendent of public instruction;

16421

(6) The director of health;

16422

(7) The director of job and family services;

16423

(8) The director of mental health;

16424

(9) The director of ~~mental retardation and~~ developmental	16425
disabilities;	16426

(10) The director of public safety;

16427

(11) The director of youth services;

16428

(12) The chancellor of the Ohio board of regents;

16429

(13) The director of the governor's office of external	16430
affairs and economic opportunity;	16431

(14) The director of the governor's office of faith-based and	16432
community initiatives;	16433

(15) The director of the rehabilitation services commission;

16434

(16) The director of the department of commerce;

16435

(17) The executive director of a health care licensing board	16436
created under Title XLVII of the Revised Code, as appointed by the	16437
chairperson of the coalition.	16438

(B) The members of the coalition shall serve without	16439
compensation. The director of rehabilitation and correction or the	16440
director's designee shall be the chairperson of the coalition.	16441

(C) In consultation with persons interested and involved in	16442
the reentry of ex-offenders into the community, including but not	16443
limited to, service providers, community-based organizations, and	16444
local governments, the coalition shall identify and examine social	16445
service barriers and other obstacles to the reentry of	16446
ex-offenders into the community. Not later than one year after ~~the~~	16447
~~effective date of this act~~April 7, 2009, and on or before the	16448
same date of each year thereafter, the coalition shall submit to	16449
the speaker of the house of representatives and the president of	16450
the senate a report, including recommendations for legislative	16451
action, the activities of the coalition, and the barriers	16452
affecting the successful reentry of ex-offenders into the	16453
community. The report shall analyze the effects of those	16454
barriers on ex-offenders and on their children and other family	16455
members in various areas, including but not limited to, the	16456
following:	16457

(1) Admission to public and other housing;

16458

(2) Child support obligations and procedures;

16459

(3) Parental incarceration and family reunification;

16460

(4) Social security benefits, veterans' benefits, food	16461
stamps, and other forms of public assistance;	16462

(5) Employment;

16463

(6) Education programs and financial assistance;

16464

(7) Substance abuse, mental health, and sex offender	16465
treatment programs and financial assistance;	16466

(8) Civic and political participation;

16467

(9) Other collateral consequences under the Revised Code or	16468
the Ohio administrative code law that may result from a criminal	16469
conviction.	16470

Sec. 5120.135. (A) As used in this section, "laboratory	16471
services" includes the performance of medical laboratory analysis;	16472
professional laboratory and pathologist consultation; the	16473
procurement, storage, and distribution of laboratory supplies; and	16474
the performance of phlebotomy services.	16475

(B) The department of rehabilitation and correction shall	16476
provide laboratory services to the departments of mental health,	16477
~~mental retardation and~~ developmental disabilities, youth services,	16478
and rehabilitation and correction. The department of	16479
rehabilitation and correction may also provide laboratory services	16480
to other state, county, or municipal agencies and to private	16481
persons that request laboratory services if the department of	16482
rehabilitation and correction determines that the provision of	16483
laboratory services is in the public interest and considers it	16484
advisable to provide such services. The department of	16485
rehabilitation and correction may also provide laboratory services	16486
to agencies operated by the United States government and to public	16487
and private entities funded in whole or in part by the state if	16488
the director of rehabilitation and correction designates them as	16489
eligible to receive such services.	16490

The department of rehabilitation and correction shall provide	16491
laboratory services from a laboratory that complies with the	16492
standards for certification set by the United States department of	16493
health and human services under the "Clinical Laboratory	16494
Improvement Amendments of 1988," 102 Stat. 293, 42 U.S.C.A. 263a.	16495
In addition, the laboratory shall maintain accreditation or	16496
certification with an appropriate accrediting or certifying	16497
organization as considered necessary by the recipients of its	16498
laboratory services and as authorized by the director of	16499
rehabilitation and correction.	16500

(C) The cost of administering this section shall be	16501
determined by the department of rehabilitation and correction and	16502
shall be paid by entities that receive laboratory services to the	16503
department for deposit in the state treasury to the credit of the	16504
laboratory services fund, which is hereby created. The fund shall	16505
be used to pay the costs the department incurs in administering	16506
this section.	16507

(D) If the department of rehabilitation and correction does	16508
not provide laboratory services under this section in a	16509
satisfactory manner to the department of ~~mental retardation and~~	16510
developmental disabilities, youth services, or mental health, the	16511
director of ~~mental retardation and~~ developmental disabilities,	16512
youth services, or mental health shall attempt to resolve the	16513
matter of the unsatisfactory provision of services with the	16514
director of rehabilitation and correction. If, after this attempt,	16515
the provision of laboratory services continues to be	16516
unsatisfactory, the director of ~~mental retardation and~~	16517
developmental disabilities, youth services, or mental health shall	16518
notify the director of rehabilitation and correction regarding the	16519
continued unsatisfactory provision of laboratory services. If,	16520
within thirty days after the director receives this notice, the	16521
department of rehabilitation and correction does not provide the	16522
specified laboratory services in a satisfactory manner, the	16523
director of ~~mental retardation and~~ developmental disabilities,	16524
youth services, or mental health shall notify the director of	16525
rehabilitation and correction of the notifying director's intent	16526
to cease obtaining laboratory services from the department of	16527
rehabilitation and correction. Following the end of a cancellation	16528
period of sixty days that begins on the date of the notice, the	16529
department that sent the notice may obtain laboratory services	16530
from a provider other than the department of rehabilitation and	16531
correction, if the department that sent the notice certifies to	16532
the department of administrative services that the requirements of	16533
this division have been met.	16534

(E) Whenever a state agency fails to make a payment for	16535
laboratory services provided to it by the department of	16536
rehabilitation and correction under this section within thirty-one	16537
days after the date the payment was due, the office of budget and	16538
management may transfer moneys from that state agency to the	16539
department of rehabilitation and correction for deposit to the	16540
credit of the laboratory services fund. The amount transferred	16541
shall not exceed the amount of the overdue payments. Prior to	16542
making a transfer under this division, the office shall apply any	16543
credits the state agency has accumulated in payment for laboratory	16544
services provided under this section.	16545

Sec. 5121.01. As used in sections 5121.01 to 5121.21 of the	16546
Revised Code:	16547

(A) "Resident" means a person admitted to an institution or	16548
other facility pursuant to Chapter 5123. of the Revised Code who	16549
is under observation or receiving habilitation and care.	16550

(B) "Applicable cost" means the rate for support applicable	16551
to a resident as specified in this section.	16552

The cost for support of residents in institutions under the	16553
jurisdiction of the department of ~~mental retardation and~~	16554
developmental disabilities, and of residents in private facilities	16555
or homes whose care or treatment is being paid for by the	16556
department, shall be based on the average per capita cost of the	16557
care and treatment of the residents. The cost of services for	16558
residents shall be computed using the projected average daily per	16559
capita cost at the institution, or at the discretion of the	16560
department, the subunit thereof in which services are provided.	16561
Such costs shall be computed at least annually for the next	16562
prospective period using generally accepted governmental	16563
accounting principles. The cost of services for residents that are	16564
being cared for and maintained in a private facility or home under	16565
the supervision of the department and for which a purchase of	16566
services contract is being paid to the private facility or home by	16567
the department shall not be more than the per diem cost of the	16568
contract. The cost of services for a resident receiving	16569
pre-admission care, after-care, day-care, or routine consultation	16570
and treatment services in a community service unit under the	16571
jurisdiction of the department shall be computed on the basis of	16572
the average cost of such services at the institution at which they	16573
are provided.	16574

The department shall annually determine the ability to pay of	16575
a resident or the resident's liable relatives and the amount that	16576
such person shall pay in accordance with section 5121.04 of the	16577
Revised Code.	16578

Collections of support payments shall be made by the	16579
department and, subject to meeting prior requirements for payment	16580
and crediting of such collections and other available receipts, in	16581
accordance with the bond proceedings applicable to obligations	16582
issued pursuant to section 154.20 of the Revised Code, such	16583
collections and other available receipts designated by the	16584
director of ~~mental retardation and~~ developmental disabilities for	16585
deposit in the special accounts, together with insurance contract	16586
payments provided for in division (B)(8) of section 5121.04 of the	16587
Revised Code, shall be remitted to the treasurer of state for	16588
deposit in the state treasury to the credit of the ~~mental~~	16589
~~retardation~~developmental disabilities operating fund, which is	16590
hereby created, to be used for the general purposes of the	16591
department. The department shall make refunds of overpayment of	16592
support charges from the ~~mental retardation~~developmental	16593
disabilities operating fund.	16594

Sec. 5121.02. All individuals admitted to a state	16595
institution operated by the department of ~~mental retardation and~~	16596
developmental disabilities under section 5123.03 of the Revised	16597
Code shall be maintained at the expense of the state. Their	16598
traveling and incidental expenses in conveying them to the state	16599
institution shall be paid by the county of commitment. Upon	16600
admission, the individuals shall be neatly and comfortably	16601
clothed. Thereafter, the expense of necessary clothing shall be	16602
borne by the responsible relatives or guardian if they are	16603
financially able. If not furnished, the state shall bear the	16604
expense. Any required traveling expense after admission to the	16605
state institution shall be borne by the state if the responsible	16606
relatives or guardian are unable to do so.	16607

Sec. 5121.03. When any person is committed to an institution	16608
under the jurisdiction of the department of ~~mental retardation and~~	16609
developmental disabilities pursuant to judicial proceedings, the	16610
judge ordering such commitment shall:	16611

(A) Make a reliable report on the financial condition of such	16612
person and of each of the relatives of the person who are liable	16613
for the person's support, as provided in section 5121.06 of the	16614
Revised Code and rules and procedures adopted by the director of	16615
~~mental retardation and~~ developmental disabilities;	16616

(B) Certify to the managing officer of such institution, and	16617
the managing officer shall thereupon enter upon the managing	16618
officer's records the name and address of any guardian appointed	16619
and of any relative liable for such person's support under section	16620
5121.06 of the Revised Code.	16621

Sec. 5121.04. (A) The department of ~~mental retardation and~~	16622
developmental disabilities shall investigate the financial	16623
condition of the residents in institutions, residents whose care	16624
or treatment is being paid for in a private facility or home under	16625
the control of the department, and of the relatives named in	16626
section 5121.06 of the Revised Code as liable for the support of	16627
such residents, in order to determine the ability of any resident	16628
or liable relatives to pay for the support of the resident and to	16629
provide suitable clothing as required by the superintendent of the	16630
institution.	16631

(B) The department shall follow the provisions of this	16632
division in determining the ability to pay of a resident or the	16633
resident's liable relatives and the amount to be charged such	16634
resident or liable relatives.	16635

(1) Subject to divisions (B)(10) and (11) of this section, a	16636
resident without dependents shall be liable for the full	16637
applicable cost. A resident without dependents who has a gross	16638
annual income equal to or exceeding the sum of the full applicable	16639
cost, plus fifty dollars per month, regardless of the source of	16640
such income, shall pay currently the full amount of the applicable	16641
cost; if the resident's gross annual income is less than such sum,	16642
not more than fifty dollars per month shall be kept for personal	16643
use by or on behalf of the resident, except as permitted in the	16644
state plan for providing medical assistance under Title XIX of the	16645
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	16646
amended, and the balance shall be paid currently on the resident's	16647
support. Subject to divisions (B)(10) and (11) of this section,	16648
the estate of a resident without dependents shall pay currently	16649
any remaining difference between the applicable cost and the	16650
amounts prescribed in this section, or shall execute an agreement	16651
with the department for payment to be made at some future date	16652
under terms suitable to the department. However, no security	16653
interest, mortgage, or lien shall be taken, granted, or charged	16654
against any principal residence of a resident without dependents	16655
under an agreement or otherwise to secure support payments, and no	16656
foreclosure actions shall be taken on security interests,	16657
mortgages, or liens taken, granted, or charged against principal	16658
residences of residents prior to October 7, 1977.	16659

(2) The ability to pay of a resident with dependents, or of a	16660
liable relative of a resident either with or without dependents,	16661
shall be determined in accordance with the resident's or liable	16662
relative's income or other assets, the needs of others who are	16663
dependent on such income and other assets for support, and, if	16664
applicable, divisions (B)(10) and (11) of this section.	16665

For the first thirty days of care and treatment of each	16666
admission, but in no event for more than thirty days in any	16667
calendar year, the resident with dependents or the liable	16668
relative of a resident either with or without dependents shall be	16669
charged an amount equal to the percentage of the average	16670
applicable cost determined in accordance with the schedule of	16671
adjusted gross annual income contained after this paragraph. After	16672
such first thirty days of care and treatment, such resident or	16673
such liable relative shall be charged an amount equal to the	16674
percentage of a base support rate of four dollars per day for	16675
residents, as determined in accordance with the schedule of gross	16676
annual income contained after this paragraph, or in accordance	16677
with division (B)(5) of this section. Beginning January 1, 1978,	16678
the department shall increase the base rate when the consumer	16679
price index average is more than 4.0 for the preceding calendar	16680
year by not more than the average for such calendar year.	16681

Adjusted Gross Annual		16682
Income of Resident		16683
or Liable Relative (FN a)	Number of Dependents (FN b)	16684

								8 or	16685
	1	2	3	4	5	6	7	more	16686
	Rate of Support (In Percentages)								16687
$15,000 or less	--	--	--	--	--	--	--	--	16688
15,001 to 17,500	20	--	--	--	--	--	--	--	16689
17,501 to 20,000	25	20	--	--	--	--	--	--	16690
20,001 to 21,000	30	25	20	--	--	--	--	--	16691
21,001 to 22,000	35	30	25	20	--	--	--	--	16692
22,001 to 23,000	40	35	30	25	20	--	--	--	16693
23,001 to 24,000	45	40	35	30	25	20	--	--	16694
24,001 to 25,000	50	45	40	35	30	25	20	--	16695
25,001 to 26,000	55	50	45	40	35	30	25	20	16696
26,001 to 27,000	60	55	50	45	40	35	30	25	16697
27,001 to 28,000	70	60	55	50	45	40	35	30	16698
28,001 to 30,000	80	70	60	55	50	45	40	35	16699
30,001 to 40,000	90	80	70	60	55	50	45	40	16700
40,001 and over	100	90	80	70	60	55	50	45	16701

Footnote a. The resident or relative shall furnish a copy of	16702
the resident's or relative's federal income tax return as evidence	16703
of gross annual income.	16704

Footnote b. The number of dependents includes the liable	16705
relative but excludes a resident in an institution. "Dependent"	16706
includes any person who receives more than half the person's	16707
support from the resident or the resident's liable relative.	16708

(3) A resident or liable relative having medical, funeral, or	16709
related expenses in excess of four per cent of the adjusted gross	16710
annual income, which expenses were not covered by insurance, may	16711
adjust such gross annual income by reducing the adjusted gross	16712
annual income by the full amount of such expenses. Proof of such	16713
expenses satisfactory to the department must be furnished.	16714

(4) Additional dependencies may be claimed if:

16715

(a) The liable relative is blind;

16716

(b) The liable relative is over sixty-five;

16717

(c) A child is a college student with expenses in excess of	16718
fifty dollars per month;	16719

(d) The services of a housekeeper, costing in excess of fifty	16720
dollars per month, are required if the person who normally keeps	16721
house for minor children is the resident.	16722

(5) If with respect to any resident with dependents there is	16723
chargeable under division (B)(2) of this section less than fifty	16724
per cent of the applicable cost or, if the base support rate was	16725
used, less than fifty per cent of the amount determined by use of	16726
the base support rate, and if with respect to such resident there	16727
is a liable relative who has an estate having a value in excess of	16728
fifteen thousand dollars or if such resident has a dependent and	16729
an estate having a value in excess of fifteen thousand dollars,	16730
there shall be paid with respect to such resident a total of fifty	16731
per cent of the applicable cost or the base support rate amount,	16732
as the case may be, on a current basis or there shall be executed	16733
with respect to such resident an agreement with the department for	16734
payment to be made at some future date under terms suitable to the	16735
department.	16736

(6) When a person has been a resident for fifteen years and	16737
the support charges for which a relative is liable have been paid	16738
for the fifteen-year period, the liable relative shall be relieved	16739
of any further support charges.	16740

(7) The department shall accept voluntary payments from	16741
residents or liable relatives whose incomes are below the minimum	16742
shown in the schedule set forth in this division. The department	16743
also shall accept voluntary payments in excess of required amounts	16744
from both liable and nonliable relatives.	16745

(8) If a resident is covered by an insurance policy, or other	16746
contract that provides for payment of expenses for care and	16747
treatment for mental retardation or other developmental disability	16748
at or from an institution or facility (including a community	16749
service unit under the jurisdiction of the department), the other	16750
provisions of this section, except divisions (B)(8), (10), and	16751
(11) of this section, and of section 5121.01 of the Revised Code	16752
shall be suspended to the extent that such insurance policy or	16753
other contract is in force, and such resident shall be charged the	16754
full amount of the applicable cost. Any insurance carrier or other	16755
third party payor providing coverage for such care and treatment	16756
shall pay for this support obligation in an amount equal to the	16757
lesser of either the applicable cost or the benefits provided	16758
under the policy or other contract. Whether or not an insured,	16759
owner of, or other person having an interest in such policy or	16760
other contract is liable for support payments under other	16761
provisions of this chapter, the insured, policy owner, or other	16762
person shall assign payment directly to the department of all	16763
assignable benefits under the policy or other contract and shall	16764
pay over to the department, within ten days of receipt, all	16765
insurance or other benefits received as reimbursement or payment	16766
for expenses incurred by the resident or for any other reason. If	16767
the insured, policy owner, or other person refuses to assign such	16768
payment to the department or refuses to pay such received	16769
reimbursements or payments over to the department within ten days	16770
of receipt, the insured's, policy owners', or other person's total	16771
liability for the services equals the applicable statutory	16772
liability for payment for the services as determined under other	16773
provisions of this chapter, plus the amounts payable under the	16774
terms of the policy or other contract. In no event shall this	16775
total liability exceed the full amount of the applicable cost.	16776
Upon its request, the department is entitled to a court order that	16777
compels the insured, owner of, or other person having an interest	16778
in the policy or other contract to comply with the assignment	16779
requirements of this division or that itself serves as a legally	16780
sufficient assignment in compliance with such requirements.	16781
Notwithstanding section 5123.89 of the Revised Code and any other	16782
law relating to confidentiality of records, the managing officer	16783
of the institution or facility where a person is or has been a	16784
resident shall disclose pertinent medical information concerning	16785
the resident to the insurance carrier or other third party payor	16786
in question, in order to effect collection from the carrier or	16787
payor of the state's claim for care and treatment under this	16788
division. For such disclosure, the managing officer is not subject	16789
to any civil or criminal liability.	16790

(9) The rate to be charged for pre-admission care,	16791
after-care, day-care, or routine consultation and treatment	16792
services shall be based upon the ability of the resident or the	16793
resident's liable relatives to pay. When it is determined by the	16794
department that a charge shall be made, such charge shall be	16795
computed as provided in divisions (B)(1) and (2) of this section.	16796

(10) If a resident with or without dependents is the	16797
beneficiary of a trust created pursuant to section 5815.28 of the	16798
Revised Code, then, notwithstanding any contrary provision of this	16799
chapter or of a rule adopted pursuant to this chapter, divisions	16800
(C) and (D) of that section shall apply in determining the assets	16801
or resources of the resident, the resident's estate, the settlor,	16802
or the settlor's estate and to claims arising under this chapter	16803
against the resident, the resident's estate, the settlor, or the	16804
settlor's estate.	16805

(11) If the department waives the liability of an individual	16806
and the individual's liable relatives pursuant to section 5123.194	16807
of the Revised Code, the liability of the individual and relative	16808
ceases in accordance with the waiver's terms.	16809

(C) The department may enter into agreements with a resident	16810
or a liable relative for support payments to be made in the	16811
future. However, no security interest, mortgage, or lien shall be	16812
taken, granted, or charged against any principal family residence	16813
of a resident with dependents or a liable relative under an	16814
agreement or otherwise to secure support payments, and no	16815
foreclosure actions shall be taken on security interests,	16816
mortgages or liens taken, granted, or charged against principal	16817
residences of residents or liable relatives prior to October 7,	16818
1977.	16819

(D) The department shall make all investigations and	16820
determinations required by this section within ninety days after a	16821
resident is admitted to an institution under the department's	16822
control and immediately shall notify by mail the persons liable of	16823
the amount to be charged.	16824

(E) All actions to enforce the collection of payments agreed	16825
upon or charged by the department shall be commenced within six	16826
years after the date of default of an agreement to pay support	16827
charges or the date such payment becomes delinquent. If a payment	16828
is made pursuant to an agreement which is in default, a new	16829
six-year period for actions to enforce the collection of payments	16830
under such agreement shall be computed from the date of such	16831
payment. For purposes of this division an agreement is in default	16832
or a payment is delinquent if a payment is not made within thirty	16833
days after it is incurred or a payment, pursuant to an agreement,	16834
is not made within thirty days after the date specified for such	16835
payment. In all actions to enforce the collection of payment for	16836
the liability for support, every court of record shall receive	16837
into evidence the proof of claim made by the state together with	16838
all debts and credits, and it shall be prima-facie evidence of the	16839
facts contained in it.	16840

Sec. 5121.05. The department of ~~mental retardation and~~	16841
developmental disabilities may subpoena witnesses, take testimony	16842
under oath, and examine any public records relating to the income	16843
and other assets of a resident or liable relative. All	16844
information, conclusions, and recommendations shall be submitted	16845
to the department by the investigating agent of the department.	16846
The department shall determine the amount of support to be paid,	16847
by whom, and whether clothing shall be furnished by the relatives	16848
or guardian.	16849

Sec. 5121.051. All outstanding liability of relatives for	16850
the support of any patient or resident in a benevolent institution	16851
under the control of the department of mental health or the	16852
department of ~~mental retardation and~~ developmental disabilities	16853
accrued prior to January 1, 1956, including the liability of the	16854
patient ~~himself~~personally, is hereby ~~cancelled~~canceled, provided	16855
that this section does not abrogate any written agreements or	16856
security arrangement for the payment of support charges entered	16857
into between the state and any patient or liable relative prior to	16858
such date.	16859

Sec. 5121.06. (A) The following persons other than the	16860
resident or the resident's estate are liable relatives and all the	16861
following persons are jointly and severally liable for the support	16862
of a resident in an institution under the control of the	16863
department of ~~mental retardation and~~ developmental disabilities:	16864

(1) The resident or the resident's estate;

16865

(2) The resident's spouse;

16866

(3) The father or mother, or both, of a minor resident under	16867
the age of eighteen years.	16868

(B) The department shall determine, pursuant to section	16869
5121.04 of the Revised Code, the amount to be charged each	16870
resident and liable relative in the order named in this section,	16871
but shall not collect from any person more than one hundred per	16872
cent of the applicable cost.	16873

(C) An action to collect delinquent payments or to enforce	16874
agreements in default may be brought against any or all persons	16875
named in this section. To the extent parents of adult residents,	16876
pursuant to the language of this section previously in force,	16877
incurred charges for the support of such residents between the	16878
eighteenth birthday of such resident and July 1, 1975, their	16879
liability for such period may be ~~cancelled~~canceled, compromised,	16880
or settled as provided in section 5121.07 of the Revised Code.	16881

(D) Irrespective of the number of residents whose care might	16882
be chargeable against a liable relative, no individual liable	16883
relative nor group of liable relatives who are members of the same	16884
family unit shall be charged with the support of more than one	16885
resident during the same period of time, and different periods of	16886
time for which such liable relative has paid the charges for such	16887
different residents' care and support shall be added together for	16888
the purpose of completing the maximum fifteen-year period of	16889
liability of such liable relative under division (B)(6) of section	16890
5121.04 of the Revised Code.	16891

Sec. 5121.061. The authority of the department of ~~mental~~	16892
~~retardation and~~ developmental disabilities to modify support	16893
charges pursuant to section 5121.04 of the Revised Code shall not	16894
be exercised until the resident or liable relative has petitioned	16895
the department for modification as provided in section 5121.07 of	16896
the Revised Code and has offered to the department satisfactory	16897
proof of the resident's or liable relative's earnings and assets.	16898
The department may modify the charges if its investigation	16899
warrants such modification.	16900

Sec. 5121.07. Any person who has been charged with the	16901
payment of the support of a resident or for pre-admission care,	16902
after-care, day-care, or routine consultation and treatment	16903
services in a community service unit under the control of the	16904
department of ~~mental retardation and~~ developmental disabilities	16905
may petition the department for a release from, or modification	16906
of, such charge, and the department, after an investigation, may	16907
cancel or modify such former charge, or may cancel, compromise, or	16908
settle any accrued liability in an amount not exceeding five	16909
thousand dollars. Amounts in excess thereof may be canceled,	16910
compromised, or settled as provided in section 131.02 of the	16911
Revised Code. The department may for due cause increase the amount	16912
previously ordered paid.	16913

Sec. 5121.08. The managing officers of the institutions	16914
under the control of the department of ~~mental retardation and~~	16915
developmental disabilities and the committing court, if requested,	16916
shall submit to the department such information as they may obtain	16917
concerning the financial condition of any resident or of relatives	16918
liable for the resident's support.	16919

Sec. 5121.09. In case the estate of any resident in an	16920
institution under the jurisdiction of the department of ~~mental~~	16921
~~retardation and~~ developmental disabilities is sufficient for the	16922
resident's support, without hardship to any others who may be	16923
dependent thereon, and no guardian has been appointed for such	16924
estate, the agent of the department shall petition the probate	16925
court of the proper county to appoint a guardian.	16926

Sec. 5121.10. Upon the death of a resident or former	16927
resident of any institution under the jurisdiction of the	16928
department of ~~mental retardation and~~ developmental disabilities,	16929
or upon the death of a person responsible under section 5121.06 of	16930
the Revised Code for the support of a resident, the department may	16931
waive the presentation of any claim for support against the estate	16932
of such decedent, when in its judgment an otherwise dependent	16933
person will be directly benefited by the estate. Claims against an	16934
estate for support of a resident are subject to section 5815.28	16935
and Chapter 2117. of the Revised Code, and shall be treated, and	16936
may be barred, the same as the claims of other creditors of the	16937
estate, pursuant to that section or chapter.	16938

The department may accept from a guardian or trustee of a	16939
resident a contract agreeing to pay to the state from the property	16940
of the guardian's or trustee's ward before or at the death of the	16941
ward a fixed annual amount for the support of the ward while the	16942
ward is a resident, with interest at four per cent per annum. A	16943
copy of the contract shall be filed in the probate court of the	16944
proper county and duly entered as a part of the records concerning	16945
the ward.	16946

Sec. 5121.11. The state shall bear the expense of the burial	16947
or cremation of an indigent resident who dies in a state	16948
institution operated by the department of ~~mental retardation and~~	16949
developmental disabilities under section 5123.03 of the Revised	16950
Code or in a state correctional institution if the body is not	16951
claimed for interment or cremation at the expense of friends or	16952
relatives or is not delivered for anatomical purposes or for the	16953
study of embalming in accordance with section 1713.34 of the	16954
Revised Code. The managing officer of the institution shall	16955
provide at the grave of the person or, if the person's cremated	16956
remains are buried, at the grave of the person's cremated remains,	16957
a metal, stone, or concrete marker on which shall be inscribed the	16958
name and age of the person and the date of death.	16959

Sec. 5121.12. The support and maintenance of residents	16960
confined in state institutions operated by the department of	16961
~~mental retardation and~~ developmental disabilities under section	16962
5123.03 of the Revised Code, including those transferred to them	16963
from state correctional institutions, and also including persons	16964
under indictment or conviction for crime, shall be collected and	16965
paid in accordance with sections 5121.01 to 5121.21 of the Revised	16966
Code.	16967

Sec. 5123.01. As used in this chapter:

16968

(A) "Chief medical officer" means the licensed physician	16969
appointed by the managing officer of an institution for the	16970
mentally retarded with the approval of the director of ~~mental~~	16971
~~retardation and~~ developmental disabilities to provide medical	16972
treatment for residents of the institution.	16973

(B) "Chief program director" means a person with special	16974
training and experience in the diagnosis and management of the	16975
mentally retarded, certified according to division (C) of this	16976
section in at least one of the designated fields, and appointed by	16977
the managing officer of an institution for the mentally retarded	16978
with the approval of the director to provide habilitation and care	16979
for residents of the institution.	16980

(C) "Comprehensive evaluation" means a study, including a	16981
sequence of observations and examinations, of a person leading to	16982
conclusions and recommendations formulated jointly, with	16983
dissenting opinions if any, by a group of persons with special	16984
training and experience in the diagnosis and management of persons	16985
with mental retardation or a developmental disability, which group	16986
shall include individuals who are professionally qualified in the	16987
fields of medicine, psychology, and social work, together with	16988
such other specialists as the individual case may require.	16989

(D) "Education" means the process of formal training and	16990
instruction to facilitate the intellectual and emotional	16991
development of residents.	16992

(E) "Habilitation" means the process by which the staff of	16993
the institution assists the resident in acquiring and maintaining	16994
those life skills that enable the resident to cope more	16995
effectively with the demands of the resident's own person and of	16996
the resident's environment and in raising the level of the	16997
resident's physical, mental, social, and vocational efficiency.	16998
Habilitation includes but is not limited to programs of formal,	16999
structured education and training.	17000

(F) "Health officer" means any public health physician,	17001
public health nurse, or other person authorized or designated by a	17002
city or general health district.	17003

(G) "Home and community-based services" means medicaid-funded	17004
home and community-based services specified in division (B)(1) of	17005
section 5111.87 of the Revised Code provided under the medicaid	17006
waiver components the department of ~~mental retardation and~~	17007
developmental disabilities administers pursuant to section	17008
5111.871 of the Revised Code.	17009

(H) "Indigent person" means a person who is unable, without	17010
substantial financial hardship, to provide for the payment of an	17011
attorney and for other necessary expenses of legal representation,	17012
including expert testimony.	17013

(I) "Institution" means a public or private facility, or a	17014
part of a public or private facility, that is licensed by the	17015
appropriate state department and is equipped to provide	17016
residential habilitation, care, and treatment for the mentally	17017
retarded.	17018

(J) "Licensed physician" means a person who holds a valid	17019
certificate issued under Chapter 4731. of the Revised Code	17020
authorizing the person to practice medicine and surgery or	17021
osteopathic medicine and surgery, or a medical officer of the	17022
government of the United States while in the performance of the	17023
officer's official duties.	17024

(K) "Managing officer" means a person who is appointed by the	17025
director of ~~mental retardation and~~ developmental disabilities to	17026
be in executive control of an institution for the mentally	17027
retarded under the jurisdiction of the department.	17028

(L) "Medicaid" has the same meaning as in section 5111.01 of	17029
the Revised Code.	17030

(M) "Medicaid case management services" means case management	17031
services provided to an individual with mental retardation or	17032
other developmental disability that the state medicaid plan	17033
requires.	17034

(N) "Mentally retarded person" means a person having	17035
significantly subaverage general intellectual functioning existing	17036
concurrently with deficiencies in adaptive behavior, manifested	17037
during the developmental period.	17038

(O) "Mentally retarded person subject to institutionalization	17039
by court order" means a person eighteen years of age or older who	17040
is at least moderately mentally retarded and in relation to whom,	17041
because of the person's retardation, either of the following	17042
conditions exist:	17043

(1) The person represents a very substantial risk of physical	17044
impairment or injury to self as manifested by evidence that the	17045
person is unable to provide for and is not providing for the	17046
person's most basic physical needs and that provision for those	17047
needs is not available in the community;	17048

(2) The person needs and is susceptible to significant	17049
habilitation in an institution.	17050

(P) "A person who is at least moderately mentally retarded"	17051
means a person who is found, following a comprehensive evaluation,	17052
to be impaired in adaptive behavior to a moderate degree and to be	17053
functioning at the moderate level of intellectual functioning in	17054
accordance with standard measurements as recorded in the most	17055
current revision of the manual of terminology and classification	17056
in mental retardation published by the American association on	17057
mental retardation.	17058

(Q) As used in this division, "substantial functional	17059
limitation," "developmental delay," and "established risk" have	17060
the meanings established pursuant to section 5123.011 of the	17061
Revised Code.	17062

"Developmental disability" means a severe, chronic disability	17063
that is characterized by all of the following:	17064

(1) It is attributable to a mental or physical impairment or	17065
a combination of mental and physical impairments, other than a	17066
mental or physical impairment solely caused by mental illness as	17067
defined in division (A) of section 5122.01 of the Revised Code.	17068

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

17069

(3) It is likely to continue indefinitely.

17070

(4) It results in one of the following:

17071

(a) In the case of a person under three years of age, at	17072
least one developmental delay or an established risk;	17073

(b) In the case of a person at least three years of age but	17074
under six years of age, at least two developmental delays or an	17075
established risk;	17076

(c) In the case of a person six years of age or older, a	17077
substantial functional limitation in at least three of the	17078
following areas of major life activity, as appropriate for the	17079
person's age: self-care, receptive and expressive language,	17080
learning, mobility, self-direction, capacity for independent	17081
living, and, if the person is at least sixteen years of age,	17082
capacity for economic self-sufficiency.	17083

(5) It causes the person to need a combination and sequence	17084
of special, interdisciplinary, or other type of care, treatment,	17085
or provision of services for an extended period of time that is	17086
individually planned and coordinated for the person.	17087

(R) "Developmentally disabled person" means a person with a	17088
developmental disability.	17089

(S) "State institution" means an institution that is	17090
tax-supported and under the jurisdiction of the department.	17091

(T) "Residence" and "legal residence" have the same meaning	17092
as "legal settlement," which is acquired by residing in Ohio for a	17093
period of one year without receiving general assistance prior to	17094
July 17, 1995, under former Chapter 5113. of the Revised Code,	17095
financial assistance under Chapter 5115. of the Revised Code, or	17096
assistance from a private agency that maintains records of	17097
assistance given. A person having a legal settlement in the state	17098
shall be considered as having legal settlement in the assistance	17099
area in which the person resides. No adult person coming into this	17100
state and having a spouse or minor children residing in another	17101
state shall obtain a legal settlement in this state as long as the	17102
spouse or minor children are receiving public assistance, care, or	17103
support at the expense of the other state or its subdivisions. For	17104
the purpose of determining the legal settlement of a person who is	17105
living in a public or private institution or in a home subject to	17106
licensing by the department of job and family services, the	17107
department of mental health, or the department of ~~mental~~	17108
~~retardation and~~ developmental disabilities, the residence of the	17109
person shall be considered as though the person were residing in	17110
the county in which the person was living prior to the person's	17111
entrance into the institution or home. Settlement once acquired	17112
shall continue until a person has been continuously absent from	17113
Ohio for a period of one year or has acquired a legal residence in	17114
another state. A woman who marries a man with legal settlement in	17115
any county immediately acquires the settlement of her husband. The	17116
legal settlement of a minor is that of the parents, surviving	17117
parent, sole parent, parent who is designated the residential	17118
parent and legal custodian by a court, other adult having	17119
permanent custody awarded by a court, or guardian of the person of	17120
the minor, provided that:	17121

(1) A minor female who marries shall be considered to have	17122
the legal settlement of her husband and, in the case of death of	17123
her husband or divorce, she shall not thereby lose her legal	17124
settlement obtained by the marriage.	17125

(2) A minor male who marries, establishes a home, and who has	17126
resided in this state for one year without receiving general	17127
assistance prior to July 17, 1995, under former Chapter 5113. of	17128
the Revised Code, financial assistance under Chapter 5115. of the	17129
Revised Code, or assistance from a private agency that maintains	17130
records of assistance given shall be considered to have obtained a	17131
legal settlement in this state.	17132

(3) The legal settlement of a child under eighteen years of	17133
age who is in the care or custody of a public or private child	17134
caring agency shall not change if the legal settlement of the	17135
parent changes until after the child has been in the home of the	17136
parent for a period of one year.	17137

No person, adult or minor, may establish a legal settlement	17138
in this state for the purpose of gaining admission to any state	17139
institution.	17140

(U)(1) "Resident" means, subject to division (R)(2) of this	17141
section, a person who is admitted either voluntarily or	17142
involuntarily to an institution or other facility pursuant to	17143
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	17144
Code subsequent to a finding of not guilty by reason of insanity	17145
or incompetence to stand trial or under this chapter who is under	17146
observation or receiving habilitation and care in an institution.	17147

(2) "Resident" does not include a person admitted to an	17148
institution or other facility under section 2945.39, 2945.40,	17149
2945.401, or 2945.402 of the Revised Code to the extent that the	17150
reference in this chapter to resident, or the context in which the	17151
reference occurs, is in conflict with any provision of sections	17152
2945.37 to 2945.402 of the Revised Code.	17153

(V) "Respondent" means the person whose detention,	17154
commitment, or continued commitment is being sought in any	17155
proceeding under this chapter.	17156

(W) "Working day" and "court day" mean Monday, Tuesday,	17157
Wednesday, Thursday, and Friday, except when such day is a legal	17158
holiday.	17159

(X) "Prosecutor" means the prosecuting attorney, village	17160
solicitor, city director of law, or similar chief legal officer	17161
who prosecuted a criminal case in which a person was found not	17162
guilty by reason of insanity, who would have had the authority to	17163
prosecute a criminal case against a person if the person had not	17164
been found incompetent to stand trial, or who prosecuted a case in	17165
which a person was found guilty.	17166

(Y) "Court" means the probate division of the court of common	17167
pleas.	17168

(Z) "Supported living" has the same meaning as in section	17169
5126.01 of the Revised Code.	17170

Sec. 5123.011. The director of ~~mental retardation and~~	17171
developmental disabilities shall adopt rules in accordance with	17172
Chapter 119. of the Revised Code that establish definitions of	17173
"substantial functional limitation," "developmental delay,"	17174
"established risk," "biological risk," and "environmental risk."	17175

Sec. 5123.012. (A) As used in this section:

17176

(1) "Biological risk" and "environmental risk" have the	17177
meanings established pursuant to section 5123.011 of the Revised	17178
Code.	17179

(2) "Preschool child with a disability" has the same	17180
meaning as in section 3323.01 of the Revised Code.	17181

(B) Except as provided in division (C) of this section, the	17182
department of ~~mental retardation and~~ developmental disabilities	17183
shall make eligibility determinations in accordance with the	17184
definition of "developmental disability" in section 5123.01 of the	17185
Revised Code. The department may adopt rules in accordance with	17186
Chapter 119. of the Revised Code establishing eligibility for	17187
programs and services for either of the following:	17188

(1) Individuals under age six who have a biological risk or	17189
environmental risk of a developmental delay;	17190

(2) Any preschool child with a disability eligible for	17191
services under section 3323.02 of the Revised Code whose	17192
disability is not attributable solely to mental illness as	17193
defined in section 5122.01 of the Revised Code.	17194

(C)(1) The department shall make determinations of	17195
eligibility for protective services in accordance with sections	17196
5123.55 to 5123.59 of the Revised Code.	17197

(2) Determinations of whether a mentally retarded person is	17198
subject to institutionalization by court order shall be made in	17199
accordance with sections 5123.71 to 5123.76 of the Revised Code	17200
and shall be based on the definition of "mentally retarded person	17201
subject to institutionalization by court order" in section 5123.01	17202
of the Revised Code.	17203

(3) All persons who were eligible for services and enrolled	17204
in programs offered by the department of ~~mental retardation and~~	17205
developmental disabilities pursuant to this chapter on July 1,	17206
1991, shall continue to be eligible for those services and to be	17207
enrolled in those programs as long as they are in need of	17208
services.	17209

~~Sec. 5123.011.~~ Sec. 5123.013. The provisions of this chapter	17210
regarding institutionalization apply to a person who is found	17211
incompetent to stand trial or not guilty by reason of insanity and	17212
is committed pursuant to section 2945.39, 2945.40, 2945.401, or	17213
2945.402 of the Revised Code to the extent that the provisions are	17214
not in conflict with any provision of sections 2945.37 to 2945.402	17215
of the Revised Code. If a provision of this chapter is in conflict	17216
with a provision in sections 2945.37 to 2945.402 of the Revised	17217
Code regarding a person who has been so committed, the provision	17218
in sections 2945.37 to 2945.402 of the Revised Code shall control	17219
regarding that person.	17220

Sec. 5123.014. Whenever the department or director of mental	17221
retardation and developmental disabilities is referred to or	17222
designated in any statute, rule, contract, grant, or other	17223
document, the reference or designation shall be deemed to refer to	17224
the department or director of developmental disabilities, as the	17225
case may be.	17226

Sec. 5123.02. The department of ~~mental retardation and~~	17227
developmental disabilities shall do the following:	17228

(A) Promote comprehensive statewide programs and services for	17229
persons with mental retardation or a developmental disability and	17230
their families wherever they reside in the state. These programs	17231
shall include public education, prevention, diagnosis, treatment,	17232
training, and care.	17233

(B) Provide administrative leadership for statewide services	17234
which include residential facilities, evaluation centers, and	17235
community classes which are wholly or in part financed by the	17236
department of ~~mental retardation and~~ developmental disabilities as	17237
provided by section 5123.26 of the Revised Code;	17238

(C) Develop and maintain, to the extent feasible, data on all	17239
services and programs for persons with mental retardation or a	17240
developmental disability, that are provided by governmental and	17241
private agencies;	17242

(D) Make periodic determinations of the number of persons	17243
with mental retardation or a developmental disability requiring	17244
services in the state;	17245

(E) Provide leadership to local authorities in planning and	17246
developing community-wide services for persons with mental	17247
retardation or a developmental disability and their families;	17248

(F) Promote programs of professional training and research in	17249
cooperation with other state departments, agencies, and	17250
institutions of higher learning.	17251

Sec. 5123.021. (A) As used in this section, "mentally	17252
retarded individual" and "specialized services" have the same	17253
meanings as in section 5111.202 of the Revised Code.	17254

(B)(1) Except as provided in division (B)(2) of this section	17255
and rules adopted under division (E)(3) of this section, for	17256
purposes of section 5111.202 of the Revised Code, the department	17257
of ~~mental retardation and~~ developmental disabilities shall	17258
determine in accordance with section 1919(e)(7) of the "Social	17259
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,	17260
and regulations adopted under section 1919(f)(8)(A) of that act	17261
whether, because of the individual's physical and mental	17262
condition, a mentally retarded individual seeking admission to a	17263
nursing facility requires the level of services provided by a	17264
nursing facility and, if the individual requires that level of	17265
services, whether the individual requires specialized services for	17266
mental retardation.	17267

(2) A determination under this division is not required for	17268
any of the following:	17269

(a) An individual seeking readmission to a nursing facility	17270
after having been transferred from a nursing facility to a	17271
hospital for care;	17272

(b) An individual who meets all of the following conditions:

17273

(i) The individual is admitted to the nursing facility	17274
directly from a hospital after receiving inpatient care at the	17275
hospital;	17276

(ii) The individual requires nursing facility services for	17277
the condition for which the individual received care in the	17278
hospital;	17279

(iii) The individual's attending physician has certified,	17280
before admission to the nursing facility, that the individual is	17281
likely to require less than thirty days of nursing facility	17282
services.	17283

(c) An individual transferred from one nursing facility to	17284
another nursing facility, with or without an intervening hospital	17285
stay.	17286

(C) Except as provided in rules adopted under division (F)(3)	17287
of this section, the department of ~~mental retardation and~~	17288
developmental disabilities shall review and determine, for each	17289
resident of a nursing facility who is mentally retarded, whether	17290
the resident, because of the resident's physical and mental	17291
condition, requires the level of services provided by a nursing	17292
facility and whether the resident requires specialized services	17293
for mental retardation. The review and determination shall be	17294
conducted in accordance with section 1919(e)(7) of the "Social	17295
Security Act" and the regulations adopted under section	17296
1919(f)(8)(A) of the act. The review and determination shall be	17297
completed promptly after a nursing facility has notified the	17298
department that there has been a significant change in the	17299
resident's mental or physical condition.	17300

(D)(1) In the case of a nursing facility resident who has	17301
continuously resided in a nursing facility for at least thirty	17302
months before the date of a review and determination under	17303
division (C) of this section, if the resident is determined not to	17304
require the level of services provided by a nursing facility, but	17305
is determined to require specialized services for mental	17306
retardation, the department, in consultation with the resident's	17307
family or legal representative and care givers, shall do all of	17308
the following:	17309

(a) Inform the resident of the institutional and	17310
noninstitutional alternatives covered under the state plan for	17311
medical assistance;	17312

(b) Offer the resident the choice of remaining in the nursing	17313
facility or receiving covered services in an alternative	17314
institutional or noninstitutional setting;	17315

(c) Clarify the effect on eligibility for services under the	17316
state plan for medical assistance if the resident chooses to leave	17317
the facility, including its effect on readmission to the facility;	17318

(d) Provide for or arrange for the provision of specialized	17319
services for the resident's mental retardation in the setting	17320
chosen by the resident.	17321

(2) In the case of a nursing facility resident who has	17322
continuously resided in a nursing facility for less than thirty	17323
months before the date of the review and determination under	17324
division (C) of this section, if the resident is determined not to	17325
require the level of services provided by a nursing facility, but	17326
is determined to require specialized services for mental	17327
retardation, or if the resident is determined to require neither	17328
the level of services provided by a nursing facility nor	17329
specialized services for mental retardation, the department shall	17330
act in accordance with its alternative disposition plan approved	17331
by the United States department of health and human services under	17332
section 1919(e)(7)(E) of the "Social Security Act."	17333

(3) In the case of an individual who is determined under	17334
division (B) or (C) of this section to require both the level of	17335
services provided by a nursing facility and specialized services	17336
for mental retardation, the department of ~~mental retardation and~~	17337
developmental disabilities shall provide or arrange for the	17338
provision of the specialized services needed by the individual or	17339
resident while residing in a nursing facility.	17340

(E) The department of ~~mental retardation and~~ developmental	17341
disabilities shall adopt rules in accordance with Chapter 119. of	17342
the Revised Code that do all of the following:	17343

(1) Establish criteria to be used in making the	17344
determinations required by divisions (B) and (C) of this section.	17345
The criteria shall not exceed the criteria established by	17346
regulations adopted by the United States department of health and	17347
human services under section 1919(f)(8)(A) of the "Social Security	17348
Act."	17349

(2) Specify information to be provided by the individual or	17350
nursing facility resident being assessed;	17351

(3) Specify any circumstances, in addition to circumstances	17352
listed in division (B) of this section, under which determinations	17353
under divisions (B) and (C) of this section are not required to be	17354
made.	17355

Sec. 5123.03. (A) The department of ~~mental retardation and~~	17356
developmental disabilities shall do all of the following:	17357

(1) Maintain, operate, manage, and govern all state	17358
institutions for the care, treatment, and training of the mentally	17359
retarded;	17360

(2) Designate all such institutions by appropriate names;

17361

(3) Provide and designate facilities for the custody, care,	17362
and special treatment of persons of the following classes:	17363

(a) Dangerous persons in state institutions for the mentally	17364
retarded who represent a serious threat to the safety of the other	17365
patients of the institution;	17366

(b) Persons charged with crimes who are found incompetent to	17367
stand trial or not guilty by reason of insanity and who are also	17368
mentally retarded persons subject to institutionalization by court	17369
order.	17370

(4) Have control of all institutions maintained in part by	17371
the state for the care, treatment, and training of the mentally	17372
retarded;	17373

(5) Administer the laws relative to persons in such	17374
institutions in an efficient, economical, and humane manner;	17375

(6) Ascertain by actual examinations and inquiry whether	17376
institutionalizations are made according to law.	17377

(B) The department may do any of the following:

17378

(1) Subject to section 5139.08 of the Revised Code, receive	17379
from the department of youth services for observation, diagnosis,	17380
care, habilitation, or placement any children in the custody of	17381
the department of youth services;	17382

(2) Receive for observation any minor from a public	17383
institution other than an institution under the jurisdiction of	17384
the department of ~~mental retardation and~~ developmental	17385
disabilities, from a private charitable institution, or from a	17386
person having legal custody of such a minor, upon such terms as	17387
are proper;	17388

(3) Receive from the department of mental health any patient	17389
in the custody of the department who is transferred to the	17390
department of ~~mental retardation and~~ developmental disabilities	17391
upon such terms and conditions as may be agreed upon by the two	17392
departments.	17393

~~(c)~~(C) In addition to the powers and duties expressly	17394
conferred by this section, the department may take any other	17395
action necessary for the full and efficient executive,	17396
administrative, and fiscal supervision of the state institutions	17397
described in this section.	17398

Sec. 5123.031. The director of ~~mental retardation and~~	17399
developmental disabilities may require the performance of duties	17400
by the officers of the institutions under the jurisdiction of the	17401
department of ~~mental retardation and~~ developmental disabilities so	17402
as fully to meet the requirements, intents, and purposes of this	17403
chapter. In case of an apparent conflict between the powers	17404
conferred upon any managing officer and those conferred by this	17405
chapter upon the department, the presumption shall be conclusive	17406
in favor of the department.	17407

The director shall adopt rules for the nonpartisan management	17408
of the institutions under the jurisdiction of the department. An	17409
officer or employee of the department or any officer or employee	17410
of any institution under its control who, by solicitation or	17411
otherwise, exerts ~~his~~the officer's or employee's influence	17412
directly or indirectly to induce any other officer or employee of	17413
the department or any of its institutions to adopt ~~his~~the	17414
officer's or employee's political views or to favor any particular	17415
person, issue, or candidate for office shall be removed from ~~his~~	17416
the officer's or employee's office or position, by the department	17417
in case of an officer or employee, and by the governor in case of	17418
the director.	17419

The managing officer of any institution under the	17420
jurisdiction of the department shall submit reports to the	17421
director relating to the admission, examination, comprehensive	17422
evaluation, diagnosis, release, or discharge of any resident.	17423

The director, or a person designated by ~~him~~the director,	17424
shall visit each institution regularly to review the admission	17425
procedures of all new residents and to investigate complaints made	17426
by any resident or by any person on behalf of a resident.	17427

The director shall prescribe the forms of affidavits,	17428
applications, comprehensive evaluations, orders of	17429
institutionalization and release, and all other forms that are	17430
required in the institutionalization, admission, and release of	17431
all persons with respect to institutions under the jurisdiction of	17432
the department, and of reports and records provided for under this	17433
chapter.	17434

Sec. 5123.032. (A) As used in this section, "developmental	17435
center" means any institution or facility of the department of	17436
~~mental retardation and~~ developmental disabilities that, on or	17437
after ~~the effective date of this section~~January 30, 2004, is	17438
named, designated, or referred to as a developmental center.	17439

(B) Notwithstanding any other provision of law, on and after	17440
~~the effective date of this section~~January 30, 2004, any closure	17441
of a developmental center shall be subject to, and in accordance	17442
with, this section. Notwithstanding any other provision of law, if	17443
the governor announced on or after January 1, 2003, and prior to	17444
~~the effective date of this section~~January 30, 2004, the intended	17445
closure of a developmental center and if the closure identified in	17446
the announcement has not occurred prior to ~~the effective date of~~	17447
~~this section~~January 30, 2004, the closure identified in the	17448
announcement shall be subject to the criteria set forth in this	17449
section as if the announcement had been made on or after ~~the~~	17450
~~effective date of this section~~January 30, 2004, except for the	17451
time at which the notice to the general assembly must be provided	17452
as identified in division (C) of this section.	17453

(C) Notwithstanding any other provision of law, on and after	17454
~~the effective date of this section~~January 30, 2004, at least ten	17455
days prior to making any official, public announcement that the	17456
governor intends to close one or more developmental centers, the	17457
governor shall notify the general assembly in writing that the	17458
governor intends to close one or more developmental centers.	17459
Notwithstanding any other provision of law, if the governor	17460
announced on or after January 1, 2003, and prior to ~~the effective~~	17461
~~date of this section~~January 30, 2004, the intended closure of a	17462
developmental center and if the closure identified in the	17463
announcement has not occurred prior to ~~the effective date of this~~	17464
~~section~~January 30, 2004, not later than ten days after ~~the~~	17465
~~effective date of this section~~January 30, 2004, the governor	17466
shall notify the general assembly in writing of the prior	17467
announcement and that the governor intends to close the center	17468
identified in the prior announcement, and the notification to the	17469
general assembly shall constitute, for purposes of this section,	17470
the governor's official, public announcement that the governor	17471
intends to close that center.	17472

The notice required by this division shall identify by name	17473
each developmental center that the governor intends to close or,	17474
if the governor has not determined any specific developmental	17475
center to close, shall state the governor's general intent to	17476
close one or more developmental centers. When the governor	17477
notifies the general assembly as required by this division, the	17478
legislative service commission promptly shall conduct an	17479
independent study of the developmental centers of the department	17480
of ~~mental retardation and~~ developmental disabilities and of the	17481
department's operation of the centers, and the study shall address	17482
relevant criteria and factors, including, but not limited to, all	17483
of the following:	17484

(1) The manner in which the closure of developmental centers	17485
in general would affect the safety, health, well-being, and	17486
lifestyle of the centers' residents and their family members and	17487
would affect public safety and, if the governor's notice	17488
identifies by name one or more developmental centers that the	17489
governor intends to close, the manner in which the closure of each	17490
center so identified would affect the safety, health, well-being,	17491
and lifestyle of the center's residents and their family members	17492
and would affect public safety;	17493

(2) The availability of alternate facilities;

17494

(3) The cost effectiveness of the facilities identified for	17495
closure;	17496

(4) A comparison of the cost of residing at a facility	17497
identified for closure and the cost of new living arrangements;	17498

(5) The geographic factors associated with each facility and	17499
its proximity to other similar facilities;	17500

(6) The impact of collective bargaining on facility	17501
operations;	17502

(7) The utilization and maximization of resources;

17503

(8) Continuity of the staff and ability to serve the facility	17504
population;	17505

(9) Continuing costs following closure of a facility;

17506

(10) The impact of the closure on the local economy;

17507

(11) Alternatives and opportunities for consolidation with	17508
other facilities;	17509

(12) How the closing of a facility identified for closure	17510
relates to the department's plans for the future of developmental	17511
centers in this state;	17512

(13) The effect of the closure of developmental centers in	17513
general upon the state's fiscal resources and fiscal status and,	17514
if the governor's notice identifies by name one or more	17515
developmental centers that the governor intends to close, the	17516
effect of the closure of each center so identified upon the	17517
state's fiscal resources and fiscal status.	17518

(D) The legislative service commission shall complete the	17519
study required by division (C) of this section, and prepare a	17520
report that contains its findings, not later than sixty days after	17521
the governor makes the official, public announcement that the	17522
governor intends to close one or more developmental centers as	17523
described in division (C) of this section. The commission shall	17524
provide a copy of the report to each member of the general	17525
assembly who requests a copy of the report.	17526

Not later than the date on which the legislative service	17527
commission is required to complete the report under this division,	17528
the ~~mental retardation and~~ developmental disabilities	17529
developmental center closure commission is hereby created as	17530
described in division (E) of this section. The officials with the	17531
duties to appoint members of the closure commission, as described	17532
in division (E) of this section, shall appoint the specified	17533
members of the closure commission, and, as soon as possible after	17534
the appointments, the closure commission shall meet for the	17535
purposes described in that division. Upon completion of the report	17536
and the creation of the closure commission under this division,	17537
the legislative service commission promptly shall provide a copy	17538
of the report to the closure commission and shall present the	17539
report as described in division (E) of this section.	17540

(E)(1) A ~~mental retardation and~~ developmental disabilities	17541
developmental center closure commission shall be created at the	17542
time and in the manner specified in division (D) of this section.	17543
The closure commission consists of six members. One member shall	17544
be the director of ~~the department of mental retardation and~~	17545
developmental disabilities. One member shall be the director of	17546
~~the department of~~ health. One member shall be a private executive	17547
with expertise in facility utilization, in economics, or in both	17548
facility utilization and economics, jointly appointed by the	17549
speaker of the house of representatives and the president of the	17550
senate. The member appointed for expertise in facility	17551
utilization, economics, or both may not be a member of the general	17552
assembly and may not have a developmental center identified for	17553
closure by the governor in the county in which the member resides.	17554
One member shall be a member of the board of the Ohio civil	17555
service employees' association, jointly appointed by the speaker	17556
of the house of representatives and the president of the senate.	17557
One member shall be either a family member of a resident of a	17558
developmental center or a representative of a mental retardation	17559
and developmental disabilities advocacy group, jointly appointed	17560
by the speaker of the house of representatives and the president	17561
of the senate. The member appointed who is a family member of a	17562
developmental center resident or a representative of an advocacy	17563
group may not be a member of the general assembly. One member	17564
shall be a member of the law enforcement community, appointed by	17565
the governor. The officials with the duties to appoint members of	17566
the closure commission shall make the appointments, and the	17567
closure commission shall meet, within the time periods specified	17568
in division (D) of this section. The members of the closure	17569
commission shall serve without compensation. At the closure	17570
commission's first meeting, the members shall organize and appoint	17571
a chairperson and vice-chairperson.	17572

The closure commission shall meet as often as is necessary	17573
for the purpose of making the recommendations to the governor that	17574
are described in this division. The closure commission's meetings	17575
shall be open to the public, and the closure commission shall	17576
accept public testimony. The legislative service commission shall	17577
appear before the closure commission and present the report the	17578
legislative service commission prepared under division (D) of this	17579
section. The closure commission shall meet for the purpose of	17580
making recommendations to the governor, which recommendations may	17581
include all of the following:	17582

(a) Whether any developmental center should be closed;

17583

(b) If the recommendation described in division (E)(1)(a) of	17584
this section is that one or more developmental centers should be	17585
closed, which center or centers should be closed;	17586

(c) If the governor's notice described in division (C) of	17587
this section identifies by name one or more developmental centers	17588
that the governor intends to close, whether the center or centers	17589
so identified should be closed.	17590

(2) The ~~mental retardation and~~ developmental disabilities	17591
developmental center closure commission, not later than sixty days	17592
after it receives the report of the legislative service commission	17593
under division (D) of this section, shall prepare a report	17594
containing its recommendations to the governor. The closure	17595
commission shall send a copy of the report to the governor and to	17596
each member of the general assembly who requests a copy of the	17597
report. Upon receipt of the closure commission's report, the	17598
governor shall review and consider the commission's	17599
recommendation. The governor shall do one of the following:	17600

(a) Follow the recommendation of the commission;

17601

(b) Close no developmental center;

17602

(c) Take other action that the governor determines is	17603
necessary for the purpose of expenditure reductions or budget cuts	17604
and state the reasons for the action.	17605

The governor's decision is final. Upon the governor's making	17606
of the decision, the closure commission shall cease to exist.	17607
Another closure commission shall be created under this section	17608
each time the governor subsequently makes an official, public	17609
announcement that the governor intends to close one or more	17610
developmental centers.	17611

Sec. 5123.033. The program fee fund is hereby created in the	17612
state treasury. All fees collected pursuant to sections 5123.161,	17613
5123.164, 5123.19, and 5126.25 of the Revised Code shall be	17614
credited to the fund. Money credited to the fund shall be used	17615
solely for the department of ~~mental retardation and~~ developmental	17616
disabilities' duties under sections 5123.16 to 5123.169, 5123.19,	17617
and 5126.25 of the Revised Code and to provide continuing	17618
education and professional training to employees of county boards	17619
of ~~mental retardation and~~ developmental disabilities for the	17620
purpose of section 5126.25 of the Revised Code and other providers	17621
of services to individuals with mental retardation or a	17622
developmental disability. If the money credited to the fund is	17623
inadequate to pay all of the department's costs in performing	17624
those duties and providing the continuing education and	17625
professional training, the department may use other available	17626
funds appropriated to the department to pay the remaining costs of	17627
performing those duties and providing the continuing education and	17628
professional training.	17629

Sec. 5123.04. (A) The director of ~~mental retardation and~~	17630
developmental disabilities is the executive head of the department	17631
of ~~mental retardation and~~ developmental disabilities. All duties	17632
conferred on the department and its institutions by law or by	17633
order of the director shall be performed under such rules as the	17634
director prescribes, and shall be under the director's control.	17635
The director shall establish bylaws for the government of all	17636
institutions under the jurisdiction of the department. Except as	17637
otherwise is provided as to appointments by chiefs of divisions,	17638
the director shall appoint such employees as are necessary for the	17639
efficient conduct of the department, and shall prescribe their	17640
titles and duties. If the director is not a licensed physician,	17641
decisions relating to medical diagnosis and treatment shall be the	17642
responsibility of a licensed physician appointed by the director.	17643

(B) The director shall adopt rules for the proper execution	17644
of the powers and duties of the department.	17645

(C) The director shall adopt rules establishing standards	17646
that mental retardation programs and facilities shall follow when	17647
performing evaluations of the mental condition of defendants	17648
ordered by the court under section 2919.271 or 2945.371 of the	17649
Revised Code, and for the treatment of defendants who have been	17650
found incompetent to stand trial under section 2945.38 of the	17651
Revised Code, and certify the compliance of such programs and	17652
facilities with the standards.	17653

(D) On behalf of the department, the director has the	17654
authority to, and responsibility for, entering into contracts and	17655
other agreements.	17656

(E) The director shall adopt rules in accordance with Chapter	17657
119. of the Revised Code that do all of the following:	17658

(1) Specify the supplemental services that may be provided	17659
through a trust authorized by section 5815.28 of the Revised Code;	17660

(2) Establish standards for the maintenance and distribution	17661
to a beneficiary of assets of a trust authorized by section	17662
5815.28 of the Revised Code.	17663

(F) The director shall provide monitoring of county boards of	17664
~~mental retardation and~~ developmental disabilities.	17665

Sec. 5123.042. (A) The director of ~~mental retardation and~~	17666
developmental disabilities shall adopt rules in accordance with	17667
Chapter 119. of the Revised Code establishing the following:	17668

(1) Uniform standards under which:

17669

(a) A person or agency shall submit plans to the county board	17670
of ~~mental retardation and~~ developmental disabilities for the	17671
development of residential services for individuals with mental	17672
retardation or a developmental disability within the county;	17673

(b) The county board must review the plans and recommend	17674
providers for the services.	17675

(2) The eligibility criteria for selecting persons and	17676
agencies to provide residential services, which shall take into	17677
consideration the recommendations of the county board.	17678

(B) The county board, in accordance with its comprehensive	17679
service plan, shall review all proposals for the development of	17680
residential services that are submitted to it and shall, if the	17681
proposals are acceptable to the county board, recommend providers	17682
for the development of residential services within the county. The	17683
department shall approve proposals for the development of	17684
residential services within counties based upon the availability	17685
of funds and in accordance with rules adopted under division	17686
(A)(2) of this section.	17687

No county board shall recommend providers for the development	17688
of residential services if the county board is an applicant to	17689
provide services. In cases of possible conflict of interest, the	17690
director shall appoint a committee that shall, in accordance with	17691
the approved county comprehensive service plan, review and	17692
recommend to the director providers for the services.	17693

If a county board fails to establish an approved	17694
comprehensive service plan, the director may establish residential	17695
services development goals for the county board based on	17696
documented need as determined by the department. If a county board	17697
fails to develop or implement such a plan in accordance with the	17698
rules adopted under this section, the department may, without the	17699
involvement of the county board, review and select providers for	17700
the development of residential services in the county.	17701

Sec. 5123.043. (A) The director of ~~mental retardation and~~	17702
developmental disabilities shall adopt rules establishing	17703
procedures for administrative resolution of complaints filed under	17704
division (B) of this section and section 5126.06 of the Revised	17705
Code. The rules shall be adopted in accordance with Chapter 119.	17706
of the Revised Code.	17707

(B) Except as provided in division (C) of this section, any	17708
person or county board of ~~mental retardation and~~ developmental	17709
disabilities that has a complaint involving any of the programs,	17710
services, policies, or administrative practices of the department	17711
of ~~mental retardation and~~ developmental disabilities or any of the	17712
entities under contract with the department, may file a complaint	17713
with the department. Prior to commencing a civil action regarding	17714
the complaint, a person or county board shall attempt to have the	17715
complaint resolved through the administrative resolution process	17716
established in the rules adopted under this section. After	17717
exhausting the administrative resolution process, the person or	17718
county board may commence a civil action if the complaint is not	17719
settled to the person's or county board's satisfaction.	17720

(C) An employee of the department may not file under this	17721
section a complaint related to the terms and conditions of	17722
employment for the employee.	17723

Sec. 5123.044. The department of ~~mental retardation and~~	17724
developmental disabilities shall determine whether county boards	17725
of ~~mental retardation and~~ developmental disabilities are in	17726
compliance with section 5126.046 of the Revised Code. The	17727
department shall provide assistance to an individual with mental	17728
retardation or other developmental disability who requests	17729
assistance with the individual's right under section 5126.046 of	17730
the Revised Code to choose a provider of habilitation, vocational,	17731
community employment, residential, or supported living services if	17732
the department is notified of a county board's alleged violation	17733
of the individual's right to choose such a provider.	17734

Sec. 5123.046. The department of ~~mental retardation and~~	17735
developmental disabilities shall review each component of the	17736
three-calendar-year plan it receives from a county board of ~~mental~~	17737
~~retardation and~~ developmental disabilities under section 5126.054	17738
of the Revised Code and, in consultation with the department of	17739
job and family services and office of budget and management,	17740
approve each component that includes all the information and	17741
conditions specified in that section. The third component of the	17742
plan shall be approved or disapproved not later than forty-five	17743
days after the third component is submitted to the department. If	17744
the department approves all three components of the plan, the	17745
plan is approved. Otherwise, the plan is disapproved. If the plan	17746
is disapproved, the department shall take action against the	17747
county board under division (B) of section 5126.056 of the	17748
Revised Code.	17749

In approving plans under this section, the department shall	17750
ensure that the aggregate of all plans provide for the increased	17751
enrollment into home and community-based services during each	17752
state fiscal year of at least five hundred individuals who did not	17753
receive residential services, supported living, or home and	17754
community-based services the prior state fiscal year if the	17755
department has enough additional enrollment available for this	17756
purpose.	17757

The department shall establish protocols that the department	17758
shall use to determine whether a county board is complying with	17759
the programmatic and financial accountability mechanisms and	17760
achieving outcomes specified in its approved plan. If the	17761
department determines that a county board is not in compliance	17762
with the mechanisms or achieving the outcomes specified in its	17763
approved plan, the department may take action under division (F)	17764
of section 5126.055 of the Revised Code.	17765

Sec. 5123.047. The department of ~~mental retardation and~~	17766
developmental disabilities shall pay the nonfederal share of	17767
medicaid expenditures for medicaid case management services and	17768
home and community-based services for which no county board of	17769
~~mental retardation and~~ developmental disabilities is required by	17770
section 5126.059 or 5126.0510 of the Revised Code to pay.	17771

Sec. 5123.048. The director of ~~mental retardation and~~	17772
developmental disabilities may enter into an agreement with a	17773
county board of ~~mental retardation and~~ developmental disabilities	17774
under which the department of ~~mental retardation and~~ developmental	17775
disabilities is to pay the nonfederal share of medicaid	17776
expenditures for one or more of the home and community-based	17777
services that the county board would, if not for the agreement,	17778
be required by section 5126.0510 of the Revised Code to pay. The	17779
agreement shall specify which home and community-based services	17780
the agreement covers. The department shall pay the nonfederal	17781
share of medicaid expenditures for the home and community-based	17782
services that the agreement covers as long as the agreement is in	17783
effect.	17784

Sec. 5123.049. The director of ~~mental retardation and~~	17785
developmental disabilities shall adopt rules in accordance with	17786
Chapter 119. of the Revised Code governing the authorization and	17787
payment of home and community-based services and medicaid case	17788
management services. The rules shall provide for private providers	17789
of the services to receive one hundred per cent of the medicaid	17790
allowable payment amount and for government providers of the	17791
services to receive the federal share of the medicaid allowable	17792
payment, less the amount withheld as a fee under section 5123.0412	17793
of the Revised Code and any amount that may be required by rules	17794
adopted under section 5123.0413 of the Revised Code to be	17795
deposited into the state ~~MR/DD~~developmental disabilities risk	17796
fund. The rules shall establish the process by which county	17797
boards of ~~mental retardation and~~ developmental disabilities shall	17798
certify and provide the nonfederal share of medicaid expenditures	17799
that the county board is required by sections 5126.059 and	17800
5126.0510 of the Revised Code to pay. The process shall require a	17801
county board to certify that the county board has funding	17802
available at one time for two months costs for those	17803
expenditures. The process may permit a county board to certify	17804
that the county board has funding available at one time for more	17805
than two months costs for those expenditures.	17806

Sec. 5123.0410. An individual with mental retardation or	17807
other developmental disability who moves from one county in this	17808
state to another county in this state shall receive home and	17809
community-based services in the new county that are comparable in	17810
scope to the home and community-based services the individual	17811
receives in the prior county at the time the individual moves. If	17812
the county board serving the county to which the individual moves	17813
determines under section 5126.041 of the Revised Code that the	17814
individual is eligible for county board services, the county board	17815
shall ensure that the individual receives the comparable services.	17816
If the county board determines that the individual is not eligible	17817
for county board services, the department of ~~mental retardation~~	17818
~~and~~ developmental disabilities shall ensure that the individual	17819
receives the comparable services.	17820

If the home and community-based services that the individual	17821
receives at the time the individual moves include supported living	17822
or residential services, the department shall reduce the amount	17823
the department allocates to the county board serving the county	17824
the individual left for those supported living or residential	17825
services by an amount that equals the payment the department	17826
authorizes or projects, or both, for those supported living or	17827
residential services from the last day the individual resides in	17828
the county to the last day of the state fiscal year in which the	17829
individual moves. The department shall increase the amount the	17830
department allocates to the county board serving the county the	17831
individual moves to by the same amount. The department shall make	17832
the reduction and increase effective the day the department	17833
determines the individual has residence in the new county. The	17834
department shall determine the amount that is to be reduced and	17835
increased in accordance with the department's rules for	17836
authorizing payments for home and community-based services	17837
established adopted under section 5123.049 of the Revised Code.	17838
The department shall annualize the reduction and increase for the	17839
subsequent state fiscal year as necessary.	17840

Sec. 5123.0411. The department of ~~mental retardation and~~	17841
developmental disabilities may bring a mandamus action against a	17842
county board of ~~mental retardation and~~ developmental disabilities	17843
that fails to pay the nonfederal share of medicaid expenditures	17844
that the county board is required by sections 5126.059 and	17845
5126.0510 of the Revised Code to pay. The department may bring	17846
the mandamus action in the court of common pleas of the county	17847
served by the county board or in the Franklin county court of	17848
common pleas.	17849

Sec. 5123.0412. (A) The department of ~~mental retardation and~~	17850
developmental disabilities shall charge each county board of	17851
~~mental retardation and~~ developmental disabilities an annual fee	17852
equal to one and one-half per cent of the total value of all	17853
medicaid paid claims for home and community-based services	17854
provided during the year to an individual eligible for services	17855
from the county board. No county board shall pass the cost of a	17856
fee charged to the county board under this section on to another	17857
provider of these services.	17858

(B) The fees collected under this section shall be deposited	17859
into the ~~ODMR/DD~~ODDD administration and oversight fund and the	17860
ODJFS administration and oversight fund, both of which are hereby	17861
created in the state treasury. The portion of the fees to be	17862
deposited into the ~~ODMR/DD~~ODDD administration and oversight fund	17863
and the portion of the fees to be deposited into the ODJFS	17864
administration and oversight fund shall be the portion specified	17865
in an interagency agreement entered into under division (C) of	17866
this section. The department of ~~mental retardation and~~	17867
developmental disabilities shall use the money in the ~~ODMR/DD~~ODDD	17868
administration and oversight fund and the department of job and	17869
family services shall use the money in the ODJFS administration	17870
and oversight fund for both of the following purposes:	17871

(1) The administrative and oversight costs of medicaid case	17872
management services and home and community-based services. The	17873
administrative and oversight costs shall include costs for staff,	17874
systems, and other resources the departments need and dedicate	17875
solely to the following duties associated with the services:	17876

(a) Eligibility determinations;

17877

(b) Training;

17878

17879

(d) Claims processing;

17880

(e) Quality assurance oversight;

17881

(f) Other duties the departments identify.

17882

(2) Providing technical support to county boards' local	17883
administrative authority under section 5126.055 of the Revised	17884
Code for the services.	17885

(C) The departments of ~~mental retardation and~~ developmental	17886
disabilities and job and family services shall enter into an	17887
interagency agreement to do both of the following:	17888

(1) Specify which portion of the fees collected under this	17889
section is to be deposited into the ~~ODMR/DD~~ODDD administration	17890
and oversight fund and which portion is to be deposited into the	17891
ODJFS administration and oversight fund;	17892

(2) Provide for the departments to coordinate the staff whose	17893
costs are paid for with money in the ~~ODMR/DD~~ODDD administration	17894
and oversight fund and the ODJFS administration and oversight	17895
fund.	17896

(D) The departments shall submit an annual report to the	17897
director of budget and management certifying how the departments	17898
spent the money in the ~~ODMR/DD~~ODDD administration and oversight	17899
fund and the ODJFS administration and oversight fund for the	17900
purposes specified in division (B) of this section.	17901

Sec. 5123.0413. (A) The department of ~~mental retardation and~~	17902
developmental disabilities, in consultation with the department of	17903
job and family services, office of budget and management, and	17904
county boards of ~~mental retardation and~~ developmental	17905
disabilities, shall adopt rules in accordance with Chapter 119. of	17906
the Revised Code no later than January 1, 2002, establishing a	17907
method of paying for extraordinary costs, including extraordinary	17908
costs for services to individuals with mental retardation or other	17909
developmental disability, and ensure the availability of adequate	17910
funds in the event a county property tax levy for services for	17911
individuals with mental retardation or other developmental	17912
disability fails. The rules may provide for using and managing	17913
either or both of the following:	17914

(1) A state ~~MR/DD~~developmental disabilities risk fund, which	17915
is hereby created in the state treasury;	17916

(2) A state insurance against ~~MR/DD~~developmental	17917
disabilities risk fund, which is hereby created in the state	17918
treasury.	17919

(B) Beginning January 1, 2002, the department of job and	17920
family services may not request approval from the United States	17921
secretary of health and human services to increase the number of	17922
slots for home and community-based services until the rules	17923
required by division (A) of this section are in effect.	17924

Sec. 5123.0414. (A) When the director of ~~mental retardation~~	17925
~~and~~ developmental disabilities, under section 119.07 of the	17926
Revised Code, sends a party a notice by registered mail, return	17927
receipt requested, that the director intends to take action	17928
against the party authorized by section 5123.082, 5123.166,	17929
5123.168, 5123.19, 5123.45, 5123.51, or 5126.25 of the Revised	17930
Code and the notice is returned to the director with an	17931
endorsement indicating that the notice was refused or unclaimed,	17932
the director shall resend the notice by ordinary mail to the	17933
party.	17934

(B) If the original notice was refused, the notice shall be	17935
deemed received as of the date the director resends the notice.	17936

(C) If the original notice was unclaimed, the notice shall be	17937
deemed received as of the date the director resends the notice	17938
unless, not later than thirty days after the date the director	17939
sent the original notice, the resent notice is returned to the	17940
director for failure of delivery.	17941

If the notice concerns taking action under section 5123.51 of	17942
the Revised Code and the resent notice is returned to the director	17943
for failure of delivery not later than thirty days after the date	17944
the director sent the original notice, the director shall cause	17945
the notice to be published in a newspaper of general circulation	17946
in the county of the party's last known residence or business and	17947
shall mail a dated copy of the published notice to the party at	17948
the last known address. The notice shall be deemed received as of	17949
the date of the publication.	17950

If the notice concerns taking action under section 5123.082,	17951
5123.166, 5123.168, 5123.19, 5123.45, or 5126.25 of the Revised	17952
Code and the resent notice is returned to the director for failure	17953
of delivery not later than thirty days after the date the director	17954
sent the original notice, the director shall resend the notice to	17955
the party a second time. The notice shall be deemed received as of	17956
the date the director resends the notice the second time.	17957

Sec. 5123.0415. As used in this section, "license" means a	17958
license, certificate, or evidence of registration.	17959

Each person and government entity that applies for or holds a	17960
valid license issued under section 5123.082, 5123.161, 5123.19,	17961
5123.45, 5126.25, or 5126.252 of the Revised Code shall notify the	17962
director of ~~mental retardation and~~ developmental disabilities of	17963
any change in the person or government entity's address.	17964

Sec. 5123.0416. (A) Subject to the availability of funds	17965
appropriated to the department of ~~mental retardation and~~	17966
developmental disabilities for medicaid waiver state match, the	17967
department shall expend, in fiscal year 2009 and each fiscal year	17968
thereafter, not less than the amount appropriated in appropriation	17969
item 322-416, medicaid waiver – state match, in fiscal year 2008	17970
to do both of the following:	17971

(1) Pay the nonfederal share of medicaid expenditures for	17972
home and community-based services that section 5123.047 of the	17973
Revised Code requires the department to pay;	17974

(2) Assist county boards of ~~mental retardation and~~	17975
developmental disabilities in paying the nonfederal share of	17976
medicaid expenditures for home and community-based services that	17977
section 5126.0510 of the Revised Code requires county boards to	17978
pay.	17979

(B) The department shall make the expenditures required by	17980
division (A)(2) of this section in the form of allocations to	17981
county boards or by other means. If the department makes the	17982
expenditures in the form of allocations, the process for making	17983
the allocations shall conform to a process the department shall	17984
establish after consulting with representatives of county boards.	17985

Sec. 5123.0417. (A) Using funds available under section	17986
5112.371 of the Revised Code, the director of ~~mental retardation~~	17987
~~and~~ developmental disabilities shall establish one or more	17988
programs for individuals under twenty-one years of age who have	17989
intensive behavioral needs, including such individuals with a	17990
primary diagnosis of autism spectrum disorder. The programs may	17991
include one or more medicaid waiver components that the director	17992
administers pursuant to section 5111.871 of the Revised Code. The	17993
programs may do one or more of the following:	17994

(1) Establish models that incorporate elements common to	17995
effective intervention programs and evidence-based practices in	17996
services for children with intensive behavioral needs;	17997

(2) Design a template for individualized education plans and	17998
individual service plans that provide consistent intervention	17999
programs and evidence-based practices for the care and treatment	18000
of children with intensive behavioral needs;	18001

(3) Disseminate best practice guidelines for use by families	18002
of children with intensive behavioral needs and professionals	18003
working with such families;	18004

(4) Develop a transition planning model for effectively	18005
mainstreaming school-age children with intensive behavioral needs	18006
to their public school district;	18007

(5) Contribute to the field of early and effective	18008
identification and intervention programs for children with	18009
intensive behavioral needs by providing financial support for	18010
scholarly research and publication of clinical findings.	18011

(B) The director of ~~mental retardation and~~ developmental	18012
disabilities shall collaborate with the director of job and family	18013
services and consult with the executive director of the Ohio	18014
center for autism and low incidence and university-based programs	18015
that specialize in services for individuals with developmental	18016
disabilities when establishing programs under this section.	18017

Sec. 5123.05. The department of ~~mental retardation and~~	18018
developmental disabilities may conduct audits of the services and	18019
programs that either receive funds through the department or are	18020
subject to regulation by the department. Audits shall be conducted	18021
in accordance with procedures prescribed by the department.	18022
Records created or received by the department in connection with	18023
an audit are not public records under section 149.43 of the	18024
Revised Code until a report of the audit is released by the	18025
department.	18026

Sec. 5123.051. (A) If the department of ~~mental retardation~~	18027
~~and~~ developmental disabilities determines pursuant to an audit	18028
conducted under section 5123.05 of the Revised Code or a	18029
reconciliation conducted under section 5123.18 of the Revised	18030
Code that money is owed the state by a provider of a service or	18031
program, the department may enter into a payment agreement with	18032
the provider. The agreement shall include the following:	18033

(1) A schedule of installment payments whereby the money owed	18034
the state is to be paid in full within a period not to exceed one	18035
year;	18036

(2) A provision that the provider may pay the entire balance	18037
owed at any time during the term of the agreement;	18038

(3) A provision that if any installment is not paid in full	18039
within forty-five days after it is due, the entire balance owed is	18040
immediately due and payable;	18041

(4) Any other terms and conditions that are agreed to by the	18042
department and the provider.	18043

(B) The department may include a provision in a payment	18044
agreement that requires the provider to pay interest on the money	18045
owed the state. The department, in its discretion, shall determine	18046
whether to require the payment of interest and, if it so requires,	18047
the rate of interest. Neither the obligation to pay interest nor	18048
the rate of interest is subject to negotiation between the	18049
department and the provider.	18050

(C) If the provider fails to pay any installment in full	18051
within forty-five days after its due date, the department shall	18052
certify the entire balance owed to the attorney general for	18053
collection under section 131.02 of the Revised Code. The	18054
department may withhold funds from payments made to a provider	18055
under section 5123.18 of the Revised Code to satisfy a judgment	18056
secured by the attorney general.	18057

(D) The purchase of service fund is hereby created. Money	18058
credited to the fund shall be used solely for purposes of section	18059
5123.05 of the Revised Code.	18060

Sec. 5123.06. The director of ~~mental retardation and~~	18061
developmental disabilities may establish divisions in the	18062
department of ~~mental retardation and~~ developmental disabilities	18063
and prescribe their powers and duties.	18064

Each division shall consist of a deputy director and the	18065
officers and employees, including those in institutions, necessary	18066
for the performance of the functions assigned to it. The director	18067
shall supervise the work of each division and be responsible for	18068
the determination of general policies in the exercise of powers	18069
vested in the department and powers assigned to each division.	18070
The deputy director of each division shall be responsible to the	18071
director for the organization, direction, and supervision of the	18072
work of the division and the exercise of the powers and the	18073
performance of the duties of the department assigned to the	18074
division, and, with the approval of the director, may establish	18075
bureaus or other administrative units in the division.	18076

Appointment to the position of deputy director of a division	18077
may be made from persons holding positions in the classified	18078
service in the department.	18079

The deputy director of each division shall be a person who	18080
has had special training and experience in the type of work with	18081
the performance of which the division is charged.	18082

Each deputy director of a division, under the director, shall	18083
have entire executive charge of the division to which the deputy	18084
director is appointed. Subject to sections 124.01 to 124.64 of the	18085
Revised Code, and civil service rules, the deputy director of a	18086
division shall, with the approval of the director, select and	18087
appoint the necessary employees in the deputy director's division	18088
and may remove those employees for cause.	18089

Sec. 5123.07. There may be created in the department of	18090
~~mental retardation and~~ developmental disabilities a bureau of	18091
research. The bureau shall:	18092

(A) Plan, direct, and coordinate all research programs	18093
conducted by the department;	18094

(B) Provide continuing evaluation of research programs;

18095

(C) Direct and coordinate scientific investigations and	18096
studies as undertaken under this section.	18097

The department shall institute and encourage scientific	18098
investigation by the staffs of the various institutions under its	18099
control and supervision, and publish bulletins and reports of the	18100
scientific and clinical work done in such institutions. Scientific	18101
investigation in the department shall be undertaken and continued	18102
only with the approval of the director of ~~mental retardation and~~	18103
developmental disabilities.	18104

Sec. 5123.08. An appointing officer may appoint a person who	18105
holds a certified position in the classified service within the	18106
department of ~~mental retardation and~~ developmental disabilities to	18107
a position in the unclassified service within the department. A	18108
person appointed pursuant to this section to a position in the	18109
unclassified service shall retain the right to resume the position	18110
and status held by the person in the classified service	18111
immediately prior to the person's appointment to the position in	18112
the unclassified service, regardless of the number of positions	18113
the person held in the unclassified service. An employee's right	18114
to resume a position in the classified service may only be	18115
exercised when an appointing authority demotes the employee to a	18116
pay range lower than the employee's current pay range or revokes	18117
the employee's appointment to the unclassified service. An	18118
employee forfeits the right to resume a position in the classified	18119
service when the employee is removed from the position in the	18120
unclassified service due to incompetence, inefficiency,	18121
dishonesty, drunkenness, immoral conduct, insubordination,	18122
discourteous treatment of the public, neglect of duty, violation	18123
of this chapter or Chapter 124. of the Revised Code, the rules of	18124
the director of ~~mental retardation and~~ developmental disabilities	18125
or the director of administrative services, any other failure of	18126
good behavior, any other acts of misfeasance, malfeasance, or	18127
nonfeasance in office, or conviction of a felony. An employee also	18128
forfeits the right to resume a position in the classified service	18129
upon transfer to a different agency.	18130

Reinstatement to a position in the classified service shall	18131
be to a position substantially equal to that position in the	18132
classified service held previously, as certified by the director	18133
of administrative services. If the position the person previously	18134
held in the classified service has been placed in the unclassified	18135
service or is otherwise unavailable, the person shall be appointed	18136
to a position in the classified service within the department that	18137
the director of administrative services certifies is comparable in	18138
compensation to the position the person previously held in the	18139
classified service. Service in the position in the unclassified	18140
service shall be counted as service in the position in the	18141
classified service held by the person immediately prior to the	18142
person's appointment to the position in the unclassified service.	18143
When a person is reinstated to a position in the classified	18144
service as provided in this section, the person is entitled to all	18145
rights, status, and benefits accruing to the position in the	18146
classified service during the time of the person's service in the	18147
position in the unclassified service.	18148

Sec. 5123.081. (A) As used in this section:

18149

(1) "Applicant" means a person who is under final	18150
consideration for appointment to or employment with the department	18151
of ~~mental retardation and~~ developmental disabilities, including,	18152
but not limited to, a person who is being transferred to the	18153
department and an employee who is being recalled or reemployed	18154
after a layoff.	18155

(2) "Criminal records check" has the same meaning as in	18156
section 109.572 of the Revised Code.	18157

(3) "Minor drug possession offense" has the same meaning as	18158
in section 2925.01 of the Revised Code.	18159

(B) The director of ~~mental retardation and~~ developmental	18160
disabilities shall request the superintendent of the bureau of	18161
criminal identification and investigation to conduct a criminal	18162
records check with respect to each applicant, except that the	18163
director is not required to request a criminal records check for	18164
an employee of the department who is being considered for a	18165
different position or is returning after a leave of absence or	18166
seasonal break in employment, as long as the director has no	18167
reason to believe that the employee has committed any of the	18168
offenses listed or described in division (E) of this section.	18169

If the applicant does not present proof that the applicant	18170
has been a resident of this state for the five-year period	18171
immediately prior to the date upon which the criminal records	18172
check is requested, the director shall request that the	18173
superintendent of the bureau obtain information from the federal	18174
bureau of investigation as a part of the criminal records check	18175
for the applicant. If the applicant presents proof that the	18176
applicant has been a resident of this state for that five-year	18177
period, the director may request that the superintendent of the	18178
bureau include information from the federal bureau of	18179
investigation in the criminal records check. For purposes of this	18180
division, an applicant may provide proof of residency in this	18181
state by presenting, with a notarized statement asserting that the	18182
applicant has been a resident of this state for that five-year	18183
period, a valid driver's license, notification of registration as	18184
an elector, a copy of an officially filed federal or state tax	18185
form identifying the applicant's permanent residence, or any other	18186
document the director considers acceptable.	18187

(C) The director shall provide to each applicant a copy of	18188
the form prescribed pursuant to division (C)(1) of section 109.572	18189
of the Revised Code, provide to each applicant a standard	18190
impression sheet to obtain fingerprint impressions prescribed	18191
pursuant to division (C)(2) of section 109.572 of the Revised	18192
Code, obtain the completed form and impression sheet from each	18193
applicant, and forward the completed form and impression sheet to	18194
the superintendent of the bureau of criminal identification and	18195
investigation at the time the criminal records check is requested.	18196

Any applicant who receives pursuant to this division a copy	18197
of the form prescribed pursuant to division (C)(1) of section	18198
109.572 of the Revised Code and a copy of an impression sheet	18199
prescribed pursuant to division (C)(2) of that section and who is	18200
requested to complete the form and provide a set of fingerprint	18201
impressions shall complete the form or provide all the information	18202
necessary to complete the form and shall provide the material with	18203
the impressions of the applicant's fingerprints. If an applicant,	18204
upon request, fails to provide the information necessary to	18205
complete the form or fails to provide impressions of the	18206
applicant's fingerprints, the director shall not employ the	18207
applicant.	18208

(D) The director may request any other state or federal	18209
agency to supply the director with a written report regarding the	18210
criminal record of each applicant. With regard to an applicant who	18211
becomes a department employee, if the employee holds an	18212
occupational or professional license or other credentials, the	18213
director may request that the state or federal agency that	18214
regulates the employee's occupation or profession supply the	18215
director with a written report of any information pertaining to	18216
the employee's criminal record that the agency obtains in the	18217
course of conducting an investigation or in the process of	18218
renewing the employee's license or other credentials.	18219

(E) Except as provided in division (K)(2) of this section and	18220
in rules adopted by the director in accordance with division (M)	18221
of this section, the director shall not employ a person to fill a	18222
position with the department who has been convicted of or pleaded	18223
guilty to any of the following:	18224

(1) A violation of section 2903.01, 2903.02, 2903.03,	18225
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	18226
2903.341, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	18227
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	18228
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	18229
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24,	18230
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04,	18231
2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of	18232
section 2905.04 of the Revised Code as it existed prior to July 1,	18233
1996, a violation of section 2919.23 of the Revised Code that	18234
would have been a violation of section 2905.04 of the Revised Code	18235
as it existed prior to July 1, 1996, had the violation occurred	18236
prior to that date, a violation of section 2925.11 of the Revised	18237
Code that is not a minor drug possession offense, or felonious	18238
sexual penetration in violation of former section 2907.12 of the	18239
Revised Code;	18240

(2) A felony contained in the Revised Code that is not listed	18241
in this division, if the felony bears a direct and substantial	18242
relationship to the duties and responsibilities of the position	18243
being filled;	18244

(3) Any offense contained in the Revised Code constituting a	18245
misdemeanor of the first degree on the first offense and a felony	18246
on a subsequent offense, if the offense bears a direct and	18247
substantial relationship to the position being filled and the	18248
nature of the services being provided by the department;	18249

(4) A violation of an existing or former municipal ordinance	18250
or law of this state, any other state, or the United States, if	18251
the offense is substantially equivalent to any of the offenses	18252
listed or described in division (E)(1), (2), or (3) of this	18253
section.	18254

(F) Prior to employing an applicant, the director shall	18255
require the applicant to submit a statement with the applicant's	18256
signature attesting that the applicant has not been convicted of	18257
or pleaded guilty to any of the offenses listed or described in	18258
division (E) of this section. The director also shall require the	18259
applicant to sign an agreement under which the applicant agrees to	18260
notify the director within fourteen calendar days if, while	18261
employed with the department, the applicant is ever formally	18262
charged with, convicted of, or pleads guilty to any of the	18263
offenses listed or described in division (E) of this section. The	18264
agreement shall inform the applicant that failure to report formal	18265
charges, a conviction, or a guilty plea may result in being	18266
dismissed from employment.	18267

(G) The director shall pay to the bureau of criminal	18268
identification and investigation the fee prescribed pursuant to	18269
division (C)(3) of section 109.572 of the Revised Code for each	18270
criminal records check requested and conducted pursuant to this	18271
section.	18272

(H)(1) Any report obtained pursuant to this section is not a	18273
public record for purposes of section 149.43 of the Revised Code	18274
and shall not be made available to any person, other than the	18275
applicant who is the subject of the records check or criminal	18276
records check or the applicant's representative, the department or	18277
its representative, a county board of ~~mental retardation and~~	18278
developmental disabilities, and any court, hearing officer, or	18279
other necessary individual involved in a case dealing with the	18280
denial of employment to the applicant or the denial, suspension,	18281
or revocation of a certificate or evidence of registration under	18282
section 5123.082 of the Revised Code.	18283

(2) An individual for whom the director has obtained reports	18284
under this section may submit a written request to the director to	18285
have copies of the reports sent to any state agency, entity of	18286
local government, or private entity. The individual shall specify	18287
in the request the agencies or entities to which the copies are to	18288
be sent. On receiving the request, the director shall send copies	18289
of the reports to the agencies or entities specified.	18290

The director may request that a state agency, entity of local	18291
government, or private entity send copies to the director of any	18292
report regarding a records check or criminal records check that	18293
the agency or entity possesses, if the director obtains the	18294
written consent of the individual who is the subject of the	18295
report.	18296

(I) The director shall request the registrar of motor	18297
vehicles to supply the director with a certified abstract	18298
regarding the record of convictions for violations of motor	18299
vehicle laws of each applicant who will be required by the	18300
applicant's employment to transport individuals with mental	18301
retardation or a developmental disability or to operate the	18302
department's vehicles for any other purpose. For each abstract	18303
provided under this section, the director shall pay the amount	18304
specified in section 4509.05 of the Revised Code.	18305

(J) The director shall provide each applicant with a copy of	18306
any report or abstract obtained about the applicant under this	18307
section.	18308

(K)(1) The director shall inform each person, at the time of	18309
the person's initial application for employment, that the person	18310
is required to provide a set of impressions of the person's	18311
fingerprints and that a criminal records check is required to be	18312
conducted and satisfactorily completed in accordance with section	18313
109.572 of the Revised Code if the person comes under final	18314
consideration for employment as a precondition to employment in a	18315
position.	18316

(2) The director may employ an applicant pending receipt of	18317
reports requested under this section. The director shall terminate	18318
employment of any such applicant if it is determined from the	18319
reports that the applicant failed to inform the director that the	18320
applicant had been convicted of or pleaded guilty to any of the	18321
offenses listed or described in division (E) of this section.	18322

(L) The director may charge an applicant a fee for costs the	18323
director incurs in obtaining reports, abstracts, or fingerprint	18324
impressions under this section. A fee charged under this division	18325
shall not exceed the amount of the fees the director pays under	18326
divisions (G) and (I) of this section. If a fee is charged under	18327
this division, the director shall notify the applicant of the	18328
amount of the fee at the time of the applicant's initial	18329
application for employment and that, unless the fee is paid, the	18330
director will not consider the applicant for employment.	18331

(M) The director shall adopt rules in accordance with Chapter	18332
119. of the Revised Code to implement this section, including	18333
rules specifying circumstances under which the director may employ	18334
a person who has been convicted of or pleaded guilty to an offense	18335
listed or described in division (E) of this section but who meets	18336
standards in regard to rehabilitation set by the director.	18337

Sec. 5123.082. (A) The director of ~~mental retardation and~~	18338
developmental disabilities shall adopt rules in accordance with	18339
Chapter 119. of the Revised Code:	18340

(1) Designating positions of employment for which the	18341
director determines that certification or evidence of registration	18342
is required as a condition of employment in the department of	18343
~~mental retardation and~~ developmental disabilities, entities that	18344
contract with the department or county boards of ~~mental~~	18345
~~retardation and~~ developmental disabilities to operate programs or	18346
provide services to persons with mental retardation and	18347
developmental disabilities, or other positions of employment in	18348
programs that serve those persons. The rules shall designate the	18349
position of investigative agent, as defined in section 5126.20 of	18350
the Revised Code, as a position for which certification is	18351
required.	18352

(2) Establishing levels of certification or registration for	18353
each position for which certification or registration is required;	18354

(3) Establishing for each level of each position the	18355
requirements that must be met to obtain certification or	18356
registration, including standards regarding education, specialized	18357
training, and experience. The standards shall take into account	18358
the nature and needs of persons with mental retardation or a	18359
developmental disability and the specialized techniques needed to	18360
serve them. The requirements for an investigative agent shall be	18361
the same as the certification requirements for an investigative	18362
agent under section 5126.25 of the Revised Code.	18363

(4) Establishing renewal schedules and renewal requirements	18364
for certification and registration, including standards regarding	18365
education, specialized training, and experience. The renewal	18366
requirements for an investigative agent shall be the same as the	18367
renewal requirements for an investigative agent under section	18368
5126.25 of the Revised Code.	18369

(5) Establishing procedures for denial, suspension, and	18370
revocation of a certificate or evidence of registration, including	18371
appeal procedures;	18372

(6) Establishing other requirements needed to carry out this	18373
section.	18374

(B) The director shall issue, renew, deny, suspend, or revoke	18375
a certificate or evidence of registration in accordance with rules	18376
adopted under this section. The director shall deny, suspend, or	18377
revoke a certificate or evidence of registration if the director	18378
finds, pursuant to an adjudication conducted in accordance with	18379
Chapter 119. of the Revised Code, that an applicant for or holder	18380
of a certificate or evidence of registration is guilty of	18381
intemperate, immoral, or other conduct unbecoming to the	18382
applicant's or holder's position, or is guilty of incompetence or	18383
negligence within the scope of the applicant's or holder's duties.	18384
The director shall deny or revoke a certificate or evidence of	18385
registration after the director finds, pursuant to an adjudication	18386
conducted in accordance with Chapter 119. of the Revised Code,	18387
that the applicant for or holder of the certificate or evidence of	18388
registration has been convicted of or pleaded guilty to any of the	18389
offenses listed or described in division (E) of section 5126.28 of	18390
the Revised Code, unless the individual meets standards for	18391
rehabilitation that the director establishes in the rules adopted	18392
under that section. Evidence supporting such allegations must be	18393
presented to the director in writing, and the director shall	18394
provide prompt notice of the allegations to the person who is the	18395
subject of the allegations. A denial, suspension, or revocation	18396
may be appealed in accordance with the procedures established in	18397
rules adopted under this section.	18398

(C) A person holding a valid certificate or evidence of	18399
registration under this section on the effective date of any rules	18400
adopted under this section that increase the certification or	18401
registration standards shall have the period that the rules	18402
prescribe, but not less than one year after the effective date of	18403
the rules, to meet the new standards.	18404

(D) No person shall be employed in a position for which	18405
certification or registration is required under rules adopted	18406
under this section, unless the person holds a valid certificate or	18407
evidence of registration for the position.	18408

Sec. 5123.083. On receipt of a notice pursuant to section	18409
3123.43 of the Revised Code, the director of ~~mental retardation~~	18410
~~and~~ developmental disabilities shall comply with sections 3123.41	18411
to 3123.50 of the Revised Code and any applicable rules adopted	18412
under section 3123.63 of the Revised Code with respect to a	18413
certificate or evidence of registration issued pursuant to this	18414
chapter.	18415

Sec. 5123.09. Subject to the rules of the department of	18416
~~mental retardation and~~ developmental disabilities, each	18417
institution under the jurisdiction of the department shall be	18418
under the control of a managing officer to be known as a	18419
superintendent or by other appropriate title. The managing officer	18420
shall be appointed by the director of ~~mental retardation and~~	18421
developmental disabilities and shall be in the unclassified	18422
service and serve at the pleasure of the director. Each managing	18423
officer shall be of good moral character and have skill, ability,	18424
and experience in the managing officer's profession. Appointment	18425
to the position of managing officer of an institution may be made	18426
from persons holding positions in the classified service in the	18427
department.	18428

The managing officer, under the director, shall have entire	18429
executive charge of the institution for which the managing officer	18430
is appointed, except as provided in section 5119.16 of the Revised	18431
Code. Subject to civil service rules and rules adopted by the	18432
department, the managing officer shall appoint the necessary	18433
employees, and the managing officer or the director may remove	18434
those employees for cause. A report of all appointments,	18435
resignations, and discharges shall be filed with the appropriate	18436
division at the close of each month.	18437

After conference with the managing officer of each	18438
institution, the director shall determine the number of employees	18439
to be appointed to the various institutions and clinics.	18440

Sec. 5123.091. The director of ~~metal retardation and~~	18441
developmental disabilities may, by rule and with the approval of	18442
the governor, change the purpose for which any institution under	18443
the control of the department is being used. The director may	18444
designate a new or another use for the institution, provided the	18445
change of use and new designation has for its objective	18446
improvement in the classification, segregation, care, education,	18447
cure, or rehabilitation of the persons admitted.	18448

Sec. 5123.092. (A) There is hereby established at each	18449
institution and branch institution under the control of the	18450
department of ~~mental retardation and~~ developmental disabilities a	18451
citizen's advisory council consisting of thirteen members. At	18452
least seven of the members shall be persons who are not providers	18453
of mental retardation services. Each council shall include parents	18454
or other relatives of residents of institutions under the control	18455
of the department, community leaders, professional persons in	18456
relevant fields, and persons who have an interest in or knowledge	18457
of mental retardation. The managing officer of the institution	18458
shall be a nonvoting member of the council.	18459

(B) The director of ~~mental retardation and~~ developmental	18460
disabilities shall be the appointing authority for the voting	18461
members of each citizen's advisory council. Each time the term of	18462
a voting member expires, the remaining members of the council	18463
shall recommend to the director one or more persons to serve on	18464
the council. The director may accept a nominee of the council or	18465
reject the nominee or nominees. If the director rejects the	18466
nominee or nominees, the remaining members of the advisory council	18467
shall further recommend to the director one or more other persons	18468
to serve on the advisory council. This procedure shall continue	18469
until a member is appointed to the advisory council.	18470

Each advisory council shall elect from its appointed members	18471
a chairperson, vice-chairperson, and a secretary to serve for	18472
terms of one year. Advisory council officers shall not serve for	18473
more than two consecutive terms in the same office. A majority of	18474
the advisory council members constitutes a quorum.	18475

(C) Terms of office shall be for three years, each term	18476
ending on the same day of the same month of the year as did the	18477
term which it succeeds. No member shall serve more than two	18478
consecutive terms, except that any former member may be appointed	18479
if one year or longer has elapsed since the member served two	18480
consecutive terms. Each member shall hold office from the date of	18481
appointment until the end of the term for which the member was	18482
appointed. Any vacancy shall be filled in the same manner in which	18483
the original appointment was made, and the appointee to a vacancy	18484
in an unexpired term shall serve the balance of the term of the	18485
original appointee. Any member shall continue in office subsequent	18486
to the expiration date of the member's term until the member's	18487
successor takes office, or until a period of sixty days has	18488
elapsed, whichever occurs first.	18489

(D) Members shall be expected to attend all meetings of the	18490
advisory council. Unexcused absence from two successive regularly	18491
scheduled meetings shall be considered prima-facie evidence of	18492
intent not to continue as a member. The chairperson of the board	18493
shall, after a member has been absent for two successive regularly	18494
scheduled meetings, direct a letter to the member asking if the	18495
member wishes to remain in membership. If an affirmative reply is	18496
received, the member shall be retained as a member except that,	18497
if, after having expressed a desire to remain a member, the member	18498
then misses a third successive regularly scheduled meeting without	18499
being excused, the chairperson shall terminate the member's	18500
membership.	18501

(E) A citizen's advisory council shall meet six times	18502
annually, or more frequently if three council members request the	18503
chairperson to call a meeting. The council shall keep minutes of	18504
each meeting and shall submit them to the managing officer of the	18505
institution with which the council is associated, the department	18506
of ~~mental retardation and~~ developmental disabilities, and the	18507
legal rights service.	18508

(F) Members of citizen's advisory councils shall receive no	18509
compensation for their services, except that they shall be	18510
reimbursed for their actual and necessary expenses incurred in the	18511
performance of their official duties by the institution with which	18512
they are associated from funds allocated to it, provided that	18513
reimbursement for those expenses shall not exceed limits imposed	18514
upon the department of ~~mental retardation and~~ developmental	18515
disabilities by administrative rules regulating travel within this	18516
state.	18517

(G) The councils shall have reasonable access to all patient	18518
treatment and living areas and records of the institution, except	18519
those records of a strictly personal or confidential nature. The	18520
councils shall have access to a patient's personal records with	18521
the consent of the patient or the patient's legal guardian or, if	18522
the patient is a minor, with the consent of the parent or legal	18523
guardian of the patient.	18524

(H) As used in this section, "branch institution" means a	18525
facility that is located apart from an institution and is under	18526
the control of the managing officer of the institution.	18527

Sec. 5123.093. The citizen's advisory councils established	18528
under section 5123.092 of the Revised Code shall:	18529

(A) Transmit verbal or written information from any person or	18530
organization associated with the institution or within the	18531
community, that an advisory council considers important, to the	18532
joint council on ~~mental retardation and~~ developmental disabilities	18533
created by section 101.37 of the Revised Code and the director of	18534
~~mental retardation and~~ developmental disabilities;	18535

(B) Review the records of all applicants to any unclassified	18536
position at the institution, except for resident physician	18537
positions filled under section 5123.11 of the Revised Code;	18538

(C) Review and evaluate institutional employee training and	18539
continuing education programs;	18540

(D) On or before the thirty-first day of January of each	18541
year, submit a written report to the joint council on ~~mental~~	18542
~~retardation and~~ developmental disabilities and the director of	18543
~~mental retardation and~~ developmental disabilities regarding	18544
matters affecting the institution including, but not limited to,	18545
allegations of dehumanizing practices and violations of individual	18546
or legal rights;	18547

(E) Review institutional budgets, programs, services, and	18548
planning;	18549

(F) Develop and maintain relationships within the community	18550
with community mental retardation and developmental disabilities	18551
organizations;	18552

(G) Participate in the formulation of the institution's	18553
objectives, administrative procedures, program philosophy, and	18554
long range goals;	18555

(H) Bring any matter that an advisory council considers	18556
important to the attention of the joint council on ~~mental~~	18557
~~retardation and~~ developmental disabilities and the director of	18558
~~mental retardation and~~ developmental disabilities;	18559

(I) Recommend to the director of ~~mental retardation and~~	18560
developmental disabilities persons for appointment to citizen's	18561
advisory councils;	18562

(J) Adopt any rules or procedures necessary to carry out this	18563
section.	18564

The chairperson of the advisory council or the chairperson's	18565
designee shall be notified within twenty-four hours of any alleged	18566
incident of abuse to a resident or staff member by anyone.	18567
Incidents of resident or staff abuse shall include, but not be	18568
limited to, sudden deaths, accidents, suicides, attempted	18569
suicides, injury caused by other persons, alleged criminal acts,	18570
errors in prescribing or administering medication, theft from	18571
clients, fires, epidemic disease, administering unprescribed	18572
drugs, unauthorized use of restraint, withholding of information	18573
concerning alleged abuse, neglect, or any deprivation of rights as	18574
defined in Chapter 5122. or 5123. of the Revised Code.	18575

Sec. 5123.10. The department of ~~mental retardation and~~	18576
developmental disabilities shall require any of its employees and	18577
each officer and employee of every institution under its control	18578
who may be charged with custody or control of any money or	18579
property belonging to the state or who is required to give bond to	18580
give a surety company bond, properly conditioned, in a sum to be	18581
fixed by the department which, when approved by the department,	18582
shall be filed in the office of the secretary of state. The cost	18583
of such bonds, when approved by the department, shall be paid from	18584
funds available for the department. The bonds required or	18585
authorized by this section may, in the discretion of the director	18586
of ~~mental retardation and~~ developmental disabilities, be	18587
individual, schedule, or blanket bonds.	18588

Sec. 5123.11. (A) The director of ~~mental retardation and~~	18589
developmental disabilities may enter into an agreement with the	18590
boards of trustees or boards of directors of two or more	18591
universities in which there is a college of medicine or college of	18592
osteopathic medicine, or of two or more colleges of medicine or	18593
colleges of osteopathic medicine, or any combination of those	18594
universities and colleges, to establish, manage, and conduct	18595
residency medical training programs. The agreement may also	18596
provide for clinical clerkships for medical students. The director	18597
shall also enter into an agreement with the boards of trustees or	18598
boards of directors of one or more universities in which there is	18599
a school of professional psychology to establish, manage, and	18600
conduct residency psychological training programs.	18601

(B) The department shall pay all costs incurred by a	18602
university or college that relate directly to the training of	18603
resident physicians or psychologists in programs developed under	18604
this section. The director of ~~mental retardation and~~ developmental	18605
disabilities shall ensure that any procedures and limitations	18606
imposed for the purpose of reimbursing universities or colleges,	18607
or for direct payment of residents' salaries, are incorporated	18608
into agreements between the department and the universities or	18609
colleges. Any agreement shall provide that residency training for	18610
a physician shall not exceed four calendar years.	18611

Sec. 5123.12. The director of ~~mental retardation and~~	18612
developmental disabilities may enter into an agreement with boards	18613
of trustees or boards of directors of one or more universities,	18614
colleges, or schools to establish, manage, and conduct residency	18615
training programs for students enrolled in courses of studies for	18616
occupations or professions which may be determined by the director	18617
to be needed by the department to provide adequate care and	18618
treatment for the residents of any institution administered by the	18619
director.	18620

Sec. 5123.122. Notwithstanding section 5121.04 of the	18621
Revised Code and except as provided in section 5123.194 of the	18622
Revised Code, the liable relative of a mentally retarded or	18623
developmentally disabled person who is a minor receiving	18624
residential services pursuant to a contract entered into with the	18625
department of ~~mental retardation and~~ developmental disabilities	18626
under section 5123.18 of the Revised Code shall be charged for the	18627
minor's support the percentage of a base support rate determined	18628
in accordance with division (B)(2) of section 5121.04 of the	18629
Revised Code.	18630

Sec. 5123.13. (A) As used in this section, "felony" has the	18631
same meaning as in section 109.511 of the Revised Code.	18632

(B)(1) Subject to division (C) of this section, upon the	18633
recommendation of the director of ~~mental retardation and~~	18634
developmental disabilities, the managing officer of an institution	18635
under the jurisdiction of the department of ~~mental retardation and~~	18636
developmental disabilities may designate one or more employees to	18637
be special police officers of the department. The special police	18638
officers shall take an oath of office, wear the badge of office,	18639
and give bond for the proper and faithful discharge of their	18640
duties in an amount that the director requires.	18641

(2) In accordance with section 109.77 of the Revised Code,	18642
the special police officers shall be required to complete	18643
successfully a peace officer basic training program approved by	18644
the Ohio peace officer training commission and to be certified by	18645
the commission. The cost of the training shall be paid by the	18646
department of ~~mental retardation and~~ developmental disabilities.	18647

(3) Special police officers, on the premises of institutions	18648
under the jurisdiction of the department of ~~mental retardation and~~	18649
developmental disabilities and subject to the rules of the	18650
department, shall protect the property of the institutions and the	18651
persons and property of patients in the institutions, suppress	18652
riots, disturbances, and breaches of the peace, and enforce the	18653
laws of the state and the rules of the department for the	18654
preservation of good order. They may arrest any person without a	18655
warrant and detain the person until a warrant can be obtained	18656
under the circumstances described in division (F) of section	18657
2935.03 of the Revised Code.	18658

(C)(1) The managing officer of an institution under the	18659
jurisdiction of the department of ~~mental retardation and~~	18660
developmental disabilities shall not designate an employee as a	18661
special police officer of the department pursuant to division	18662
(B)(1) of this section on a permanent basis, on a temporary basis,	18663
for a probationary term, or on other than a permanent basis if the	18664
employee previously has been convicted of or has pleaded guilty to	18665
a felony.	18666

(2)(a) The managing officer of an institution under the	18667
jurisdiction of the department of ~~mental retardation and~~	18668
developmental disabilities shall terminate the employment as a	18669
special police officer of the department of an employee designated	18670
as a special police officer under division (B)(1) of this section	18671
if that employee does either of the following:	18672

(i) Pleads guilty to a felony;

18673

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	18674
plea agreement as provided in division (D) of section 2929.43 of	18675
the Revised Code in which the employee agrees to surrender the	18676
certificate awarded to that employee under section 109.77 of the	18677
Revised Code.	18678

(b) The managing officer shall suspend from employment as a	18679
special police officer of the department an employee designated as	18680
a special police officer under division (B)(1) of this section if	18681
that employee is convicted, after trial, of a felony. If the	18682
special police officer files an appeal from that conviction and	18683
the conviction is upheld by the highest court to which the appeal	18684
is taken or if the special police officer does not file a timely	18685
appeal, the managing officer shall terminate the employment of	18686
that special police officer. If the special police officer files	18687
an appeal that results in that special police officer's acquittal	18688
of the felony or conviction of a misdemeanor, or in the dismissal	18689
of the felony charge against that special police officer, the	18690
managing officer shall reinstate that special police officer. A	18691
special police officer of the department who is reinstated under	18692
division (C)(2)(b) of this section shall not receive any back pay	18693
unless that special police officer's conviction of the felony was	18694
reversed on appeal, or the felony charge was dismissed, because	18695
the court found insufficient evidence to convict the special	18696
police officer of the felony.	18697

(3) Division (C) of this section does not apply regarding an	18698
offense that was committed prior to January 1, 1997.	18699

(4) The suspension from employment, or the termination of the	18700
employment, of a special police officer under division (C)(2) of	18701
this section shall be in accordance with Chapter 119. of the	18702
Revised Code.	18703

Sec. 5123.14. The department of ~~mental retardation and~~	18704
developmental disabilities may make such investigations as are	18705
necessary in the performance of its duties and to that end the	18706
director of ~~mental retardation and~~ developmental disabilities	18707
shall have the same power as a judge of a county court to	18708
administer oaths and to enforce the attendance and testimony of	18709
witnesses and the production of books or papers.	18710

The department shall keep a record of such investigations	18711
stating the time, place, charges or subject, witnesses summoned	18712
and examined, and its conclusions.	18713

In matters involving the conduct of an officer, a	18714
stenographic report of the evidence shall be taken and a copy of	18715
such report, with all documents introduced, kept on file at the	18716
office of the department.	18717

Witnesses shall be paid the fees and mileage provided for	18718
under section 119.094 of the Revised Code, but no officer or	18719
employee of the institution under investigation is entitled to	18720
such fees.	18721

Any judge of the probate court or of the court of common	18722
pleas, upon application of the department, may compel the	18723
attendance of witnesses, the production of books or papers, and	18724
the giving of testimony before the department, by a judgment for	18725
contempt or otherwise, in the same manner as in cases before said	18726
courts.	18727

Sec. 5123.15. The department of ~~mental retardation and~~	18728
developmental disabilities may appoint and commission any	18729
competent agency or person, to serve without compensation, as a	18730
special agent, investigator, or representative to perform a	18731
designated duty for and in behalf of the department. Specific	18732
credentials shall be given by the department to each person so	18733
designated, and each credential shall state the:	18734

(A) Name;

18735

(B) Agency with which such person is connected;

18736

18737

(D) Date of expiration of appointment;

18738

(E) Such information as the department considers proper.

18739

Sec. 5123.16. (A) As used in sections 5123.16 to 5123.169 of	18740
the Revised Code:	18741

(1) "Provider" means a person or government entity certified	18742
by the director of ~~mental retardation and~~ developmental	18743
disabilities to provide supported living.	18744

(2) "Related party" means any of the following:

18745

(a) In the case of a provider who is an individual, any of	18746
the following:	18747

(i) The spouse of the provider;

18748

(ii) A parent or stepparent of the provider or provider's	18749
spouse;	18750

(iii) A child of the provider or provider's spouse;

18751

(iv) A sibling, half sibling, or stepsibling of the provider	18752
or provider's spouse;	18753

(v) A grandparent of the provider or provider's spouse;

18754

(vi) A grandchild of the provider or provider's spouse;

18755

(vii) An employee or employer of the provider or provider's	18756
spouse.	18757

(b) In the case of a provider that is a person other than an	18758
individual, any of the following:	18759

(i) An employee of the person;

18760

(ii) An officer of the provider, including the chief	18761
executive officer, president, vice-president, secretary, and	18762
treasurer;	18763

(iii) A member of the provider's board of directors or	18764
trustees;	18765

(iv) A person owning a financial interest of five per cent or	18766
more in the provider;	18767

(v) A corporation that has a subsidiary relationship with the	18768
provider;	18769

(vi) A person or government entity that has control over the	18770
provider's day-to-day operation;	18771

(vii) A person over which the provider has control of the	18772
day-to-day operation.	18773

(c) In the case of a provider that is a government entity,	18774
any of the following:	18775

(i) An employee of the provider;

18776

(ii) An officer of the provider;

18777

(iii) A member of the provider's governing board;

18778

(iv) A government entity that has control over the provider's	18779
day-to-day operation;	18780

(v) A person or government entity over which the provider has	18781
control of the day-to-day operation.	18782

(B) No person or government entity may provide supported	18783
living without a valid supported living certificate issued by the	18784
director of ~~mental retardation and~~ developmental disabilities.	18785

(C) A county board of ~~mental retardation and~~ developmental	18786
disabilities may provide supported living only to the extent	18787
permitted by rules adopted under section 5123.169 of the Revised	18788
Code.	18789

Sec. 5123.161. A person or government entity that seeks to	18790
provide supported living shall apply to the director of ~~mental~~	18791
~~retardation and~~ developmental disabilities for a supported living	18792
certificate.	18793

Except as provided in section 5123.166 of the Revised Code,	18794
the director shall issue the applicant a supported living	18795
certificate if the applicant follows the application process	18796
established in rules adopted under section 5123.169 of the Revised	18797
Code, meets the applicable certification standards established in	18798
those rules, and pays the certification fee established in those	18799
rules.	18800

Sec. 5123.162. The director of ~~mental retardation and~~	18801
developmental disabilities may conduct surveys of persons and	18802
government entities that seek a supported living certificate to	18803
determine whether the persons and government entities meet the	18804
certification standards. The director may also conduct surveys of	18805
providers to determine whether the providers continue to meet the	18806
certification standards. The director shall conduct the surveys in	18807
accordance with rules adopted under section 5123.169 of the	18808
Revised Code.	18809

The records of surveys conducted under this section are	18810
public records for the purpose of section 149.43 of the Revised	18811
Code and shall be made available on the request of any person or	18812
government entity.	18813

Sec. 5123.163. A supported living certificate is valid for a	18814
period of time established in rules adopted under section 5123.169	18815
of the Revised Code, unless any of the following occur before the	18816
end of that period of time:	18817

(A) The director of ~~mental retardation and~~ developmental	18818
disabilities issues an order requiring that action be taken	18819
against the certificate holder under section 5123.166 of the	18820
Revised Code.	18821

(B) The director issues an order terminating the certificate	18822
under section 5123.168 of the Revised Code.	18823

(C) The certificate holder voluntarily surrenders the	18824
certificate to the director.	18825

Sec. 5123.164. Except as provided in section 5123.166 of the	18826
Revised Code, the director of ~~mental retardation and~~ developmental	18827
disabilities shall renew a supported living certificate if the	18828
certificate holder follows the renewal process established in	18829
rules adopted under section 5123.169 of the Revised Code,	18830
continues to meet the applicable certification standards	18831
established in those rules, and pays the renewal fee established	18832
in those rules.	18833

Sec. 5123.166. (A) If good cause exists as specified in	18834
division (B) of this section and determined in accordance with	18835
procedures established in rules adopted under section 5123.169 of	18836
the Revised Code, the director of ~~mental retardation and~~	18837
developmental disabilities may issue an adjudication order	18838
requiring that one of the following actions be taken against a	18839
person or government entity seeking or holding a supported living	18840
certificate:	18841

(1) Refusal to issue or renew a supported living certificate;

18842

(2) Revocation of a supported living certificate;

18843

(3) Suspension of a supported living certificate holder's	18844
authority to do either or both of the following:	18845

(a) Continue to provide supported living to one or more	18846
individuals from one or more counties who receive supported living	18847
from the certificate holder at the time the director takes the	18848
action;	18849

(b) Begin to provide supported living to one or more	18850
individuals from one or more counties who do not receive supported	18851
living from the certificate holder at the time the director takes	18852
the action.	18853

(B) The following constitute good cause for taking action	18854
under division (A) of this section against a person or government	18855
entity seeking or holding a supported living certificate:	18856

(1) The person or government entity's failure to meet or	18857
continue to meet the applicable certification standards	18858
established in rules adopted under section 5123.169 of the Revised	18859
Code;	18860

(2) The person or government entity violates section 5123.165	18861
of the Revised Code;	18862

(3) The person or government entity's failure to satisfy the	18863
requirements of section 5123.52, 5126.28, or 5126.281 of the	18864
Revised Code;	18865

(4) Misfeasance;

18866

(5) Malfeasance;

18867

(6) Nonfeasance;

18868

(7) Confirmed abuse or neglect;

18869

(8) Financial irresponsibility;

18870

(9) Other conduct the director determines is or would be	18871
injurious to individuals who receive or would receive supported	18872
living from the person or government entity.	18873

(C) Except as provided in division (D) of this section, the	18874
director shall issue an adjudication order under division (A) of	18875
this section in accordance with Chapter 119. of the Revised Code.	18876

(D)(1) The director may issue an order requiring that action	18877
specified in division (A)(3) of this section be taken before a	18878
provider is provided notice and an opportunity for a hearing if	18879
all of the following are the case:	18880

(a) The director determines such action is warranted by the	18881
provider's failure to continue to meet the applicable	18882
certification standards;	18883

(b) The director determines that the failure either	18884
represents a pattern of serious noncompliance or creates a	18885
substantial risk to the health or safety of an individual who	18886
receives or would receive supported living from the provider;	18887

(c) If the order will suspend the provider's authority to	18888
continue to provide supported living to an individual who receives	18889
supported living from the provider at the time the director issues	18890
the order, both of the following are the case:	18891

(i) The director makes the individual, or the individual's	18892
guardian, aware of the director's determination under division	18893
(D)(1)(b) of this section and the individual or guardian does not	18894
select another provider.	18895

(ii) A county board of ~~mental retardation and~~ developmental	18896
disabilities has filed a complaint with a probate court under	18897
section 5123.33 of the Revised Code that includes facts describing	18898
the nature of abuse or neglect that the individual has suffered	18899
due to the provider's actions that are the basis for the director	18900
making the determination under division (D)(1)(b) of this section	18901
and the probate court does not issue an order authorizing the	18902
county board to arrange services for the individual pursuant to an	18903
individualized service plan developed for the individual under	18904
section 5123.31 of the Revised Code.	18905

(2) If the director issues an order under division (D)(1) of	18906
this section, sections 119.091 to 119.13 of the Revised Code and	18907
all of the following apply:	18908

(a) The director shall send the provider notice of the order	18909
by registered mail, return receipt requested, not later than	18910
twenty-four hours after issuing the order and shall include in the	18911
notice the reasons for the order, the citation to the law or rule	18912
directly involved, and a statement that the provider will be	18913
afforded a hearing if the provider requests it within ten days of	18914
the time of receiving the notice.	18915

(b) If the provider requests a hearing within the required	18916
time and the provider has provided the director the provider's	18917
current address, the director shall immediately set, and notify	18918
the provider of, the date, time, and place for the hearing.	18919

(c) The date of the hearing shall be not later than thirty	18920
days after the director receives the provider's timely request for	18921
the hearing.	18922

(d) The hearing shall be conducted in accordance with section	18923
119.09 of the Revised Code, except for all of the following:	18924

(i) The hearing shall continue uninterrupted until its close,	18925
except for weekends, legal holidays, and other interruptions the	18926
provider and director agree to.	18927

(ii) If the director appoints a referee or examiner to	18928
conduct the hearing, the referee or examiner, not later than ten	18929
days after the date the referee or examiner receives a transcript	18930
of the testimony and evidence presented at the hearing or, if the	18931
referee or examiner does not receive the transcript or no such	18932
transcript is made, the date that the referee or examiner closes	18933
the record of the hearing, shall submit to the director a written	18934
report setting forth the referee or examiner's findings of fact	18935
and conclusions of law and a recommendation of the action the	18936
director should take.	18937

(iii) The provider may, not later than five days after the	18938
date the director, in accordance with section 119.09 of the	18939
Revised Code, sends the provider or the provider's attorney or	18940
other representative of record a copy of the referee or examiner's	18941
report and recommendation, file with the director written	18942
objections to the report and recommendation.	18943

(iv) The director shall approve, modify, or disapprove the	18944
referee or examiner's report and recommendation not earlier than	18945
six days, and not later than fifteen days, after the date the	18946
director, in accordance with section 119.09 of the Revised Code,	18947
sends a copy of the report and recommendation to the provider or	18948
the provider's attorney or other representative of record.	18949

(3) The director may lift an order issued under division	18950
(D)(1) of this section even though a hearing regarding the order	18951
is occurring or pending if the director determines that the	18952
provider has taken action eliminating the good cause for issuing	18953
the order. The hearing shall proceed unless the provider withdraws	18954
the request for the hearing in a written letter to the director.	18955

(4) The director shall lift an order issued under division	18956
(D)(1) of this section if both of the following are the case:	18957

(a) The provider provides the director a plan of compliance	18958
the director determines is acceptable.	18959

(b) The director determines that the provider has implemented	18960
the plan of compliance correctly.	18961

Sec. 5123.167. If the director of ~~mental retardation and~~	18962
developmental disabilities issues an adjudication order under	18963
section 5123.166 of the Revised Code refusing to issue a supported	18964
living certificate to a person or government entity or to renew a	18965
person or government entity's supported living certificate,	18966
neither the person or government entity nor a related party of the	18967
person or government entity may apply for another supported living	18968
certificate earlier than the date that is one year after the date	18969
the order is issued. If the director issues an adjudication order	18970
under that section revoking a person or government entity's	18971
supported living certificate, neither the person or government	18972
entity nor a related party of the person or government entity may	18973
apply for another supported living certificate earlier than the	18974
date that is five years after the date the order is issued.	18975

Sec. 5123.168. The director of ~~mental retardation and~~	18976
developmental disabilities may issue an adjudication order in	18977
accordance with Chapter 119. of the Revised Code to terminate a	18978
supported living certificate if the certificate holder has not	18979
billed for supported living for twelve consecutive months.	18980

Sec. 5123.169. The director of ~~mental retardation and~~	18981
developmental disabilities shall adopt rules under Chapter 119. of	18982
the Revised Code establishing all of the following:	18983

(A) The extent to which a county board of ~~mental retardation~~	18984
~~and~~ developmental disabilities may provide supported living;	18985

(B) The application process for obtaining a supported living	18986
certificate under section 5123.161 of the Revised Code;	18987

(C) The certification standards a person or government entity	18988
must meet to obtain a supported living certificate to provide	18989
supported living;	18990

(D) The certification fee for a supported living certificate,	18991
which shall be deposited into the program fee fund created under	18992
section 5123.033 of the Revised Code;	18993

(E) The period of time a supported living certificate is	18994
valid;	18995

(F) The process for renewing a supported living certificate	18996
under section 5123.164 of the Revised Code;	18997

(G) The renewal fee for a supported living certificate, which	18998
shall be deposited into the program fee fund created under section	18999
5123.033 of the Revised Code;	19000

(H) Procedures for conducting surveys under section 5123.162	19001
of the Revised Code;	19002

(I) Procedures for determining whether there is good cause to	19003
take action under section 5123.166 of the Revised Code against a	19004
person or government entity seeking or holding a supported living	19005
certificate.	19006

Sec. 5123.17. The department of ~~mental retardation and~~	19007
developmental disabilities may provide for the custody,	19008
supervision, control, treatment, and training of persons with	19009
mental retardation or a developmental disability elsewhere than	19010
within the enclosure of an institution under its jurisdiction, if	19011
the department so determines with respect to any individual or	19012
group of individuals. In all such cases, the department shall	19013
ensure adequate and proper supervision for the protection of those	19014
persons and of the public.	19015

Sec. 5123.171. As used in this section, "respite care" means	19016
appropriate, short-term, temporary care provided to a mentally	19017
retarded or developmentally disabled person to sustain the family	19018
structure or to meet planned or emergency needs of the family.	19019

The department of ~~mental retardation and~~ developmental	19020
disabilities shall provide respite care services to persons with	19021
mental retardation or a developmental disability for the purpose	19022
of promoting self-sufficiency and normalization, preventing or	19023
reducing inappropriate institutional care, and furthering the	19024
unity of the family by enabling the family to meet the special	19025
needs of a mentally retarded or developmentally disabled person.	19026

In order to be eligible for respite care services under this	19027
section, the mentally retarded or developmentally disabled person	19028
must be in need of habilitation services as defined in section	19029
5126.01 of the Revised Code.	19030

Respite care may be provided in a facility licensed under	19031
section 5123.19 of the Revised Code or certified as an	19032
intermediate care facility for the mentally retarded under Title	19033
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	19034
301, as amended, or certified as a respite care home under section	19035
5126.05 of the Revised Code.	19036

The department shall develop a system for locating vacant	19037
beds that are available for respite care and for making	19038
information on vacant beds available to users of respite care	19039
services. Facilities certified as intermediate care facilities for	19040
the mentally retarded and facilities holding contracts with the	19041
department for the provision of residential services under section	19042
5123.18 of the Revised Code shall report vacant beds to the	19043
department but shall not be required to accept respite care	19044
clients.	19045

The director of ~~mental retardation and~~ developmental	19046
disabilities shall adopt, and may amend or rescind, rules in	19047
accordance with Chapter 119. of the Revised Code for both of the	19048
following:	19049

(A) Certification by county boards of ~~mental retardation and~~	19050
developmental disabilities of respite care homes;	19051

(B) Provision of respite care services authorized by this	19052
section. Rules adopted under this division shall establish all of	19053
the following:	19054

(1) A formula for distributing funds appropriated for respite	19055
care services;	19056

(2) Standards for supervision, training and quality control	19057
in the provision of respite care services;	19058

(3) Eligibility criteria for emergency respite care services.

19059

Sec. 5123.172. (A) As used in this section:

19060

(1) "Provider" means any person or government agency that	19061
owns, operates, manages, or is employed or under contract to	19062
operate a residential facility licensed under section 5123.19 of	19063
the Revised Code.	19064

(2) "Related to a provider" means that a person or government	19065
agency is affiliated with a provider, has control over the	19066
provider or is controlled by the provider, or is a member of the	19067
provider's family.	19068

(3) "Member of the provider's family" means the provider's	19069
spouse, natural or adoptive parent, stepparent, natural or	19070
adoptive child, stepchild, sibling, stepsister, stepbrother,	19071
half-brother, half-sister, daughter-in-law, son-in-law,	19072
brother-in-law, sister-in-law, grandparent, or grandchild.	19073

(B) Prior to entering into a contract with the department of	19074
~~mental retardation and~~ developmental disabilities under section	19075
5123.18 of the Revised Code and as required thereafter, every	19076
provider holding or negotiating a contract with the department	19077
shall report upon the request of the department, in the form and	19078
on the schedule established in rules adopted by the department in	19079
accordance with Chapter 119. of the Revised Code, the following	19080
information:	19081

(1) The name and address of every person holding a financial	19082
interest of five per cent or more in the management or operation	19083
of the residential facility;	19084

(2) The names and addresses of members of the board of	19085
trustees or directors of the residential facility or of the	19086
management contractor;	19087

(3) Every contract or business transaction between the	19088
provider and any person or government agency related to the	19089
provider if such contract or transaction would affect rates of	19090
payment under section 5123.18 of the Revised Code.	19091

(C) The department shall make reports filed under division	19092
(B) of this section available to the appropriate county board of	19093
~~mental retardation and~~ developmental disabilities and any other	19094
appropriate public agencies.	19095

(D) Any provider who fails to comply with reporting	19096
requirements of this section shall be subject to a civil penalty	19097
not to exceed one thousand dollars for each violation and to	19098
possible license revocation.	19099

Sec. 5123.18. (A) As used in this section:

19100

(1) "Contractor" means a person or government agency that	19101
enters into a contract with the department of ~~mental retardation~~	19102
~~and~~ developmental disabilities under this section.	19103

(2) "Government agency" means a state agency as defined in	19104
section 117.01 of the Revised Code or a similar agency of a	19105
political subdivision of the state.	19106

(3) "Residential services" means the services necessary for	19107
an individual with mental retardation or a developmental	19108
disability to live in the community, including room and board,	19109
clothing, transportation, personal care, habilitation,	19110
supervision, and any other services the department considers	19111
necessary for the individual to live in the community.	19112

(B)(1) The department of ~~mental retardation and~~ developmental	19113
disabilities may enter into a contract with a person or government	19114
agency to provide residential services to individuals with mental	19115
retardation or developmental disabilities in need of residential	19116
services. Contracts for residential services shall be of the	19117
following types:	19118

(a) Companion home contracts - contracts under which the	19119
contractor is an individual, the individual is the primary	19120
caregiver, and the individual owns or leases and resides in the	19121
home in which the services are provided.	19122

(b) Agency-operated companion home contracts - contracts	19123
under which the contractor subcontracts, for purposes of	19124
coordinating the provision of residential services, with one or	19125
more individuals who are primary caregivers and own or lease and	19126
reside in the homes in which the services are provided.	19127

(c) Community home contracts - contracts for residential	19128
services under which the contractor owns or operates a home that	19129
is used solely to provide residential services.	19130

(d) Combined agency-operated companion home and community	19131
home contracts.	19132

(2) A companion home contract shall cover not more than one	19133
home. An agency-operated companion home contract or a community	19134
home contract may cover more than one home.	19135

(C) Contracts shall be in writing and shall provide for	19136
payment to be made to the contractor at the times agreed to by the	19137
department and the contractor. Each contract shall specify the	19138
period during which it is valid, the amount to be paid for	19139
residential services, and the number of individuals for whom	19140
payment will be made. Contracts may be renewed.	19141

(D) To be eligible to enter into a contract with the	19142
department under this section, the person or government agency and	19143
the home in which the residential services are provided must meet	19144
all applicable standards for licensing or certification by the	19145
appropriate government agency. In addition, if the residential	19146
facility is operated as a nonprofit entity, the members of the	19147
board of trustees or board of directors of the facility must not	19148
have a financial interest in or receive financial benefit from the	19149
facility, other than reimbursement for actual expenses incurred in	19150
attending board meetings.	19151

(E)(1) The department shall determine the payment amount	19152
assigned to an initial contract. To the extent that the department	19153
determines sufficient funds are available, the payment amount	19154
assigned to an initial contract shall be equal to the average	19155
amount assigned to contracts for other homes that are of the same	19156
type and size and serve individuals with similar needs, except	19157
that if an initial contract is the result of a change of	19158
contractor or ownership, the payment amount assigned to the	19159
contract shall be the lesser of the amount assigned to the	19160
previous contract or the contract's total adjusted predicted	19161
funding need calculated under division (I) of this section.	19162

(2) A renewed contract shall be assigned a payment amount in	19163
accordance with division (K) of this section.	19164

(3) When a contractor relocates a home to another site at	19165
which residential services are provided to the same individuals,	19166
the payment amount assigned to the contract for the new home shall	19167
be the payment amount assigned to the contract at the previous	19168
location.	19169

(F)(1) Annually, a contractor shall complete an assessment of	19170
each individual to whom the contractor provides residential	19171
services to predict the individual's need for routine direct	19172
services staff. The department shall establish by rule adopted in	19173
accordance with Chapter 119. of the Revised Code the assessment	19174
instrument to be used by contractors to make assessments.	19175
Assessments shall be submitted to the department not later than	19176
the thirty-first day of January of each year.	19177

A contractor shall submit a revised assessment for an	19178
individual if there is a substantial, long-term change in the	19179
nature of the individual's needs. A contractor shall submit	19180
revised assessments for all individuals receiving residential	19181
services if there is a change in the composition of the home's	19182
residents.	19183

(2) Annually, a contractor shall submit a cost report to the	19184
department specifying the costs incurred in providing residential	19185
services during the immediately preceding calendar year. Only	19186
costs actually incurred by a contractor shall be reported on a	19187
cost report. Cost reports shall be prepared according to a uniform	19188
chart of accounts approved by the department and shall be	19189
submitted on forms prescribed by the department.	19190

(3) The department shall not renew the contract held by a	19191
contractor who fails to submit the assessments or cost reports	19192
required under this division.	19193

(4) The department shall adopt rules as necessary regarding	19194
the submission of assessments and cost reports under this	19195
division. The rules shall be adopted in accordance with Chapter	19196
119. of the Revised Code.	19197

(G) Prior to renewing a contract entered into under this	19198
section, the department shall compute the contract's total	19199
predicted funding need and total adjusted predicted funding need.	19200
The department shall also compute the contract's unmet funding	19201
need if the payment amount assigned to the contract is less than	19202
the total adjusted predicted funding need. The results of these	19203
calculations shall be used to determine the payment amount	19204
assigned to the renewed contract.	19205

(H)(1) A contract's total predicted funding need is an amount	19206
equal to the sum of the predicted funding needs for the following	19207
cost categories:	19208

(a) Routine direct services staff;

19209

(b) Dietary, program supplies, and specialized staff;

19210

19211

(d) Administration.

19212

(2) Based on the assessments submitted by the contractor, the	19213
department shall compute the contract's predicted funding need for	19214
the routine direct services staff cost category by multiplying the	19215
number of direct services staff predicted to be necessary for the	19216
home by the sum of the following:	19217

(a) Entry level wages paid during the immediately preceding	19218
cost reporting period to comparable staff employed by the county	19219
board of ~~mental retardation and~~ developmental disabilities of the	19220
county in which the home is located;	19221

(b) Fringe benefits and payroll taxes as determined by the	19222
department using state civil service statistics from the same	19223
period as the cost reporting period.	19224

(3) The department shall establish by rule adopted in	19225
accordance with Chapter 119. of the Revised Code the method to be	19226
used to compute the predicted funding need for the dietary,	19227
program supplies, and specialized staff cost category; the	19228
facility and general services cost category; and the	19229
administration cost category. The rules shall not establish a	19230
maximum amount that may be attributed to the dietary, program	19231
supplies, and specialized staff cost category. The rules shall	19232
establish a process for determining the combined maximum amount	19233
that may be attributed to the facility and general services cost	19234
category and the administration cost category.	19235

(I)(1) A contract's total adjusted predicted funding need is	19236
the contract's total predicted funding need with adjustments made	19237
for the following:	19238

(a) Inflation, as provided under division (I)(2) of this	19239
section;	19240

(b) The predicted cost of complying with new requirements	19241
established under federal or state law that were not taken into	19242
consideration when the total predicted funding need was computed;	19243

(c) Changes in needs based on revised assessments submitted	19244
by the contractor.	19245

(2) In adjusting the total predicted funding need for	19246
inflation, the department shall use either the consumer price	19247
index compound annual inflation rate calculated by the United	19248
States department of labor for all items or another index or	19249
measurement of inflation designated in rules that the department	19250
shall adopt in accordance with Chapter 119. of the Revised Code.	19251

When a contract is being renewed for the first time, and the	19252
contract is to begin on the first day of July, the inflation	19253
adjustment applied to the contract's total predicted funding need	19254
shall be the estimated rate of inflation for the calendar year in	19255
which the contract is renewed. If the consumer price index is	19256
being used, the department shall base its estimate on the rate of	19257
inflation calculated for the three-month period ending the	19258
thirty-first day of March of that calendar year. If another index	19259
or measurement is being used, the department shall base its	19260
estimate on the most recent calculations of the rate of inflation	19261
available under the index or measurement. Each year thereafter,	19262
the inflation adjustment shall be estimated in the same manner,	19263
except that if the estimated rate of inflation for a year is	19264
different from the actual rate of inflation for that year, the	19265
difference shall be added to or subtracted from the rate of	19266
inflation estimated for the next succeeding year.	19267

If a contract begins at any time other than July first, the	19268
inflation adjustment applied to the contract's total predicted	19269
funding need shall be determined by a method comparable to that	19270
used for contracts beginning July first. The department shall	19271
adopt rules in accordance with Chapter 119. of the Revised Code	19272
establishing the method to be used.	19273

(J) A contract's unmet funding need is the difference between	19274
the payment amount assigned to the contract and the total adjusted	19275
predicted funding need, if the payment amount assigned is less	19276
than the total adjusted predicted funding need.	19277

(K) The payment amount to be assigned to a contract being	19278
renewed shall be determined by comparing the total adjusted	19279
predicted funding need with the payment amount assigned to the	19280
current contract.	19281

(1) If the payment amount assigned to the current contract	19282
equals or exceeds the total adjusted predicted funding need, the	19283
payment amount assigned to the renewed contract shall be the same	19284
as that assigned to the current contract, unless a reduction is	19285
made pursuant to division (L) of this section.	19286

(2) If the payment amount assigned to the current contract is	19287
less than the total adjusted predicted funding need, the payment	19288
amount assigned to the renewed contract shall be increased if the	19289
department determines that funds are available for such increases.	19290
The amount of a contract's increase shall be the same percentage	19291
of the available funds that the contract's unmet funding need is	19292
of the total of the unmet funding need for all contracts.	19293

(L) When renewing a contract provided for in division (B) of	19294
this section other than a companion home contract, the department	19295
may reduce the payment amount assigned to a renewed contract if	19296
the sum of the contractor's allowable reported costs and the	19297
maximum efficiency incentive is less than ninety-one and one-half	19298
per cent of the amount received pursuant to this section during	19299
the immediately preceding contract year.	19300

The department shall adopt rules in accordance with Chapter	19301
119. of the Revised Code establishing a formula to be used in	19302
computing the maximum efficiency incentive, which shall be at	19303
least four per cent of the weighted average payment amount to be	19304
made to all contractors during the contract year. The maximum	19305
efficiency incentive shall be computed annually.	19306

(M) The department may increase the payment amount assigned	19307
to a contract based on the contract's unmet funding need at times	19308
other than when the contract is renewed. The department may	19309
develop policies for determining priorities in making such	19310
increases.	19311

(N)(1) In addition to the contracts provided for in division	19312
(B) of this section, the department may enter into the following	19313
contracts:	19314

(a) A contract to pay the cost of beginning operation of a	19315
new home that is to be funded under a companion home contract,	19316
agency-operated companion home contract, community home contract,	19317
or combined agency-operated companion home and community home	19318
contract.	19319

(b) A contract to pay the cost associated with increasing the	19320
number of individuals served by a home funded under a companion	19321
home contract, agency-operated companion home contract, community	19322
home contract, or combined agency-operated companion home and	19323
community home contract.	19324

(2) The department shall adopt rules as necessary regarding	19325
contracts entered into under this division. The rules shall be	19326
adopted in accordance with Chapter 119. of the Revised Code.	19327

(O) Except for companion home contracts, the department shall	19328
conduct a reconciliation of the amount earned under a contract and	19329
the actual costs incurred by the contractor. An amount is	19330
considered to have been earned for delivering a service at the	19331
time the service is delivered. The department shall adopt rules in	19332
accordance with Chapter 119. of the Revised Code establishing	19333
procedures for conducting reconciliations.	19334

A reconciliation shall be based on the annual cost report	19335
submitted by the contractor. If a reconciliation reveals that a	19336
contractor owes money to the state, the amount owed shall be	19337
collected in accordance with section 5123.051 of the Revised Code.	19338

When conducting reconciliations, the department shall review	19339
all reported costs that may be affected by transactions required	19340
to be reported under division (B)(3) of section 5123.172 of the	19341
Revised Code. If the department determines that such transactions	19342
have increased the cost reported by a contractor, the department	19343
may disallow or adjust the cost allowable for payment. The	19344
department shall adopt rules in accordance with Chapter 119. of	19345
the Revised Code establishing standards for disallowances or	19346
adjustments.	19347

(P) The department may audit the contracts it enters into	19348
under this section. Audits may be conducted by the department or	19349
an entity with which the department contracts to perform the	19350
audits. The department shall adopt rules in accordance with	19351
Chapter 119. of the Revised Code establishing procedures for	19352
conducting audits.	19353

An audit may include the examination of a contractor's	19354
financial books and records, the costs incurred by a contractor in	19355
providing residential services, and any other relevant information	19356
specified by the department. An audit shall not be commenced more	19357
than four years after the expiration of the contract to be	19358
audited, except in cases where the department has reasonable cause	19359
to believe that a contractor has committed fraud.	19360

If an audit reveals that a contractor owes money to the	19361
state, the amount owed, subject to an adjudication hearing under	19362
this division, shall be collected in accordance with section	19363
5123.051 of the Revised Code. If an audit reveals that a	19364
reconciliation conducted under this section resulted in the	19365
contractor erroneously paying money to the state, the department	19366
shall refund the money to the contractor, or, in lieu of making a	19367
refund, the department may offset the erroneous payment against	19368
any money determined as a result of the audit to be owed by the	19369
contractor to the state. The department is not required to pay	19370
interest on any money refunded under this division.	19371

In conducting audits or making determinations of amounts owed	19372
by a contractor and amounts to be refunded or offset, the	19373
department shall not be bound by the results of reconciliations	19374
conducted under this section, except with regard to cases	19375
involving claims that have been certified pursuant to section	19376
5123.051 of the Revised Code to the attorney general for	19377
collection for which a full and final settlement has been reached	19378
or a final judgment has been made from which all rights of appeal	19379
have expired or been exhausted.	19380

Not later than ninety days after an audit's completion, the	19381
department shall provide the contractor a copy of a report of the	19382
audit. The report shall state the findings of the audit, including	19383
the amount of any money the contractor is determined to owe the	19384
state.	19385

(Q) The department shall adopt rules specifying the amount	19386
that will be allowed under a reconciliation or audit for the cost	19387
incurred by a contractor for compensation of owners,	19388
administrators, and other personnel. The rules shall be adopted in	19389
accordance with Chapter 119. of the Revised Code.	19390

(R) Each contractor shall, for at least seven years, maintain	19391
fiscal records related to payments received pursuant to this	19392
section.	19393

(S) The department may enter into shared funding agreements	19394
with other government agencies to fund contracts entered into	19395
under this section. The amount of each agency's share of the cost	19396
shall be determined through negotiations with the department. The	19397
department's share shall not exceed the amount it would have paid	19398
without entering into the shared funding agreement, nor shall it	19399
be reduced by any amounts contributed by the other parties to the	19400
agreement.	19401

(T) Except as provided in section 5123.194 of the Revised	19402
Code, an individual who receives residential services pursuant to	19403
divisions (A) through (U) of this section and the individual's	19404
liable relatives or guardians shall pay support charges in	19405
accordance with Chapter 5121. of the Revised Code.	19406

(U) The department may make reimbursements or payments for	19407
any of the following pursuant to rules adopted under this	19408
division:	19409

(1) Unanticipated, nonrecurring costs associated with the	19410
health or habilitation of a person who resides in a home funded	19411
under a contract provided for in division (B) of this section;	19412

(2) The cost of staff development training for contractors if	19413
the director of ~~mental retardation and~~ developmental disabilities	19414
has given prior approval for the training;	19415

(3) Fixed costs that the department, pursuant to the rules,	19416
determines relate to the continued operation of a home funded	19417
under a contract provided for in division (B) of this section when	19418
a short term vacancy occurs and the contractor has diligently	19419
attempted to fill the vacancy.	19420

The department shall adopt rules in accordance with Chapter	19421
119. of the Revised Code establishing standards for use in	19422
determining which costs it may make payment or reimbursements for	19423
under this division.	19424

(V) In addition to the rules required or authorized to be	19425
adopted under this section, the department may adopt any other	19426
rules necessary to implement divisions (A) through (U) of this	19427
section. The rules shall be adopted in accordance with Chapter	19428
119. of the Revised Code.	19429

(W) The department may delegate to county boards of ~~mental~~	19430
~~retardation and~~ developmental disabilities its authority under	19431
this section to negotiate and enter into contracts or subcontracts	19432
for residential services. In the event that it elects to delegate	19433
its authority, the department shall adopt rules in accordance with	19434
Chapter 119. of the Revised Code for the boards' administration of	19435
the contracts or subcontracts. In administering the contracts or	19436
subcontracts, the boards shall be subject to all applicable	19437
provisions of Chapter 5126. of the Revised Code and shall not be	19438
subject to the provisions of divisions (A) to (V) of this section.	19439

Subject to the department's rules, a board may require the	19440
following to contribute to the cost of the residential services an	19441
individual receives pursuant to this division: the individual or	19442
the individual's estate, the individual's spouse, the individual's	19443
guardian, and, if the individual is under age eighteen, either or	19444
both of the individual's parents. Chapter 5121. of the Revised	19445
Code shall not apply to individuals or entities that are subject	19446
to making contributions under this division. In calculating	19447
contributions to be made under this division, a board, subject to	19448
the department's rules, may allow an amount to be kept for meeting	19449
the personal needs of the individual who receives residential	19450
services.	19451

Sec. 5123.181. The director of ~~mental retardation and~~	19452
developmental disabilities and the director of job and family	19453
services shall, in concert with each other, eliminate all double	19454
billings and double payments for services on behalf of persons	19455
with mental retardation or another developmental disability in	19456
intermediate care facilities. The department of ~~mental retardation~~	19457
~~and~~ developmental disabilities may enter into contracts with	19458
providers of services for the purpose of making payments to the	19459
providers for services rendered to eligible clients who are	19460
persons with mental retardation or a developmental disability over	19461
and above the services authorized and paid under Chapter 5111. of	19462
the Revised Code. Payments authorized under this section and	19463
section 5123.18 of the Revised Code shall not be subject to audit	19464
findings pursuant to Chapter 5111. of the Revised Code, unless an	19465
audit determines that payment was made to the provider for	19466
services that were not rendered in accordance with the provisions	19467
of the provider agreement entered into with the department of job	19468
and family services or the department of ~~mental retardation and~~	19469
developmental disabilities pursuant to this section.	19470

Sec. 5123.19. (A) As used in this section and in sections	19471
5123.191, 5123.194, 5123.196, 5123.198, and 5123.20 of the Revised	19472
Code:	19473

(1)(a) "Residential facility" means a home or facility in	19474
which a mentally retarded or developmentally disabled person	19475
resides, except the home of a relative or legal guardian in which	19476
a mentally retarded or developmentally disabled person resides, a	19477
respite care home certified under section 5126.05 of the Revised	19478
Code, a county home or district home operated pursuant to Chapter	19479
5155. of the Revised Code, or a dwelling in which the only	19480
mentally retarded or developmentally disabled residents are in an	19481
independent living arrangement or are being provided supported	19482
living.	19483

(b) "Intermediate care facility for the mentally retarded"	19484
means a residential facility that is considered an intermediate	19485
care facility for the mentally retarded for the purposes of	19486
Chapter 5111. of the Revised Code.	19487

(2) "Political subdivision" means a municipal corporation,	19488
county, or township.	19489

(3) "Independent living arrangement" means an arrangement in	19490
which a mentally retarded or developmentally disabled person	19491
resides in an individualized setting chosen by the person or the	19492
person's guardian, which is not dedicated principally to the	19493
provision of residential services for mentally retarded or	19494
developmentally disabled persons, and for which no financial	19495
support is received for rendering such service from any	19496
governmental agency by a provider of residential services.	19497

(4) "Licensee" means the person or government agency that has	19498
applied for a license to operate a residential facility and to	19499
which the license was issued under this section.	19500

(5) "Related party" has the same meaning as in section	19501
5123.16 of the Revised Code except that "provider" as used in the	19502
definition of "related party" means a person or government entity	19503
that held or applied for a license to operate a residential	19504
facility, rather than a person or government entity certified to	19505
provide supported living.	19506

(B) Every person or government agency desiring to operate a	19507
residential facility shall apply for licensure of the facility to	19508
the director of ~~mental retardation and~~ developmental disabilities	19509
unless the residential facility is subject to section 3721.02,	19510
3722.04, 5103.03, or 5119.20 of the Revised Code. Notwithstanding	19511
Chapter 3721. of the Revised Code, a nursing home that is	19512
certified as an intermediate care facility for the mentally	19513
retarded under Title XIX of the "Social Security Act," 79 Stat.	19514
286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for	19515
licensure of the portion of the home that is certified as an	19516
intermediate care facility for the mentally retarded.	19517

(C) Subject to section 5123.196 of the Revised Code, the	19518
director of ~~mental retardation and~~ developmental disabilities	19519
shall license the operation of residential facilities. An initial	19520
license shall be issued for a period that does not exceed one	19521
year, unless the director denies the license under division (D) of	19522
this section. A license shall be renewed for a period that does	19523
not exceed three years, unless the director refuses to renew the	19524
license under division (D) of this section. The director, when	19525
issuing or renewing a license, shall specify the period for which	19526
the license is being issued or renewed. A license remains valid	19527
for the length of the licensing period specified by the director,	19528
unless the license is terminated, revoked, or voluntarily	19529
surrendered.	19530

(D) If it is determined that an applicant or licensee is not	19531
in compliance with a provision of this chapter that applies to	19532
residential facilities or the rules adopted under such a	19533
provision, the director may deny issuance of a license, refuse to	19534
renew a license, terminate a license, revoke a license, issue an	19535
order for the suspension of admissions to a facility, issue an	19536
order for the placement of a monitor at a facility, issue an order	19537
for the immediate removal of residents, or take any other action	19538
the director considers necessary consistent with the director's	19539
authority under this chapter regarding residential facilities. In	19540
the director's selection and administration of the sanction to be	19541
imposed, all of the following apply:	19542

(1) The director may deny, refuse to renew, or revoke a	19543
license, if the director determines that the applicant or licensee	19544
has demonstrated a pattern of serious noncompliance or that a	19545
violation creates a substantial risk to the health and safety of	19546
residents of a residential facility.	19547

(2) The director may terminate a license if more than twelve	19548
consecutive months have elapsed since the residential facility was	19549
last occupied by a resident or a notice required by division (K)	19550
of this section is not given.	19551

(3) The director may issue an order for the suspension of	19552
admissions to a facility for any violation that may result in	19553
sanctions under division (D)(1) of this section and for any other	19554
violation specified in rules adopted under division (H)(2) of	19555
this section. If the suspension of admissions is imposed for a	19556
violation that may result in sanctions under division (D)(1) of	19557
this section, the director may impose the suspension before	19558
providing an opportunity for an adjudication under Chapter 119. of	19559
the Revised Code. The director shall lift an order for the	19560
suspension of admissions when the director determines that the	19561
violation that formed the basis for the order has been corrected.	19562

(4) The director may order the placement of a monitor at a	19563
residential facility for any violation specified in rules adopted	19564
under division (H)(2) of this section. The director shall lift the	19565
order when the director determines that the violation that formed	19566
the basis for the order has been corrected.	19567

(5) If the director determines that two or more residential	19568
facilities owned or operated by the same person or government	19569
entity are not being operated in compliance with a provision of	19570
this chapter that applies to residential facilities or the rules	19571
adopted under such a provision, and the director's findings are	19572
based on the same or a substantially similar action, practice,	19573
circumstance, or incident that creates a substantial risk to the	19574
health and safety of the residents, the director shall conduct a	19575
survey as soon as practicable at each residential facility owned	19576
or operated by that person or government entity. The director may	19577
take any action authorized by this section with respect to any	19578
facility found to be operating in violation of a provision of this	19579
chapter that applies to residential facilities or the rules	19580
adopted under such a provision.	19581

(6) When the director initiates license revocation	19582
proceedings, no opportunity for submitting a plan of correction	19583
shall be given. The director shall notify the licensee by letter	19584
of the initiation of the proceedings. The letter shall list the	19585
deficiencies of the residential facility and inform the licensee	19586
that no plan of correction will be accepted. The director shall	19587
also send a copy of the letter to the county board of ~~mental~~	19588
~~retardation and~~ developmental disabilities. The county board	19589
shall send a copy of the letter to each of the following:	19590

(a) Each resident who receives services from the licensee;

19591

(b) The guardian of each resident who receives services from	19592
the licensee if the resident has a guardian;	19593

(c) The parent or guardian of each resident who receives	19594
services from the licensee if the resident is a minor.	19595

(7) Pursuant to rules which shall be adopted in accordance	19596
with Chapter 119. of the Revised Code, the director may order the	19597
immediate removal of residents from a residential facility	19598
whenever conditions at the facility present an immediate danger of	19599
physical or psychological harm to the residents.	19600

(8) In determining whether a residential facility is being	19601
operated in compliance with a provision of this chapter that	19602
applies to residential facilities or the rules adopted under such	19603
a provision, or whether conditions at a residential facility	19604
present an immediate danger of physical or psychological harm to	19605
the residents, the director may rely on information obtained by a	19606
county board of ~~mental retardation and~~ developmental disabilities	19607
or other governmental agencies.	19608

(9) In proceedings initiated to deny, refuse to renew, or	19609
revoke licenses, the director may deny, refuse to renew, or revoke	19610
a license regardless of whether some or all of the deficiencies	19611
that prompted the proceedings have been corrected at the time of	19612
the hearing.	19613

(E) The director shall establish a program under which public	19614
notification may be made when the director has initiated license	19615
revocation proceedings or has issued an order for the suspension	19616
of admissions, placement of a monitor, or removal of residents.	19617
The director shall adopt rules in accordance with Chapter 119. of	19618
the Revised Code to implement this division. The rules shall	19619
establish the procedures by which the public notification will be	19620
made and specify the circumstances for which the notification must	19621
be made. The rules shall require that public notification be made	19622
if the director has taken action against the facility in the	19623
eighteen-month period immediately preceding the director's latest	19624
action against the facility and the latest action is being taken	19625
for the same or a substantially similar violation of a provision	19626
of this chapter that applies to residential facilities or the	19627
rules adopted under such a provision. The rules shall specify a	19628
method for removing or amending the public notification if the	19629
director's action is found to have been unjustified or the	19630
violation at the residential facility has been corrected.	19631

(F)(1) Except as provided in division (F)(2) of this section,	19632
appeals from proceedings initiated to impose a sanction under	19633
division (D) of this section shall be conducted in accordance with	19634
Chapter 119. of the Revised Code.	19635

(2) Appeals from proceedings initiated to order the	19636
suspension of admissions to a facility shall be conducted in	19637
accordance with Chapter 119. of the Revised Code, unless the order	19638
was issued before providing an opportunity for an adjudication, in	19639
which case all of the following apply:	19640

(a) The licensee may request a hearing not later than ten	19641
days after receiving the notice specified in section 119.07 of the	19642
Revised Code.	19643

(b) If a timely request for a hearing that includes the	19644
licensee's current address is made, the hearing shall commence not	19645
later than thirty days after the department receives the request.	19646

(c) After commencing, the hearing shall continue	19647
uninterrupted, except for Saturdays, Sundays, and legal holidays,	19648
unless other interruptions are agreed to by the licensee and the	19649
director.	19650

(d) If the hearing is conducted by a hearing examiner, the	19651
hearing examiner shall file a report and recommendations not later	19652
than ten days after the last of the following:	19653

(i) The close of the hearing;

19654

(ii) If a transcript of the proceedings is ordered, the	19655
hearing examiner receives the transcript;	19656

(iii) If post-hearing briefs are timely filed, the hearing	19657
examiner receives the briefs.	19658

(e) A copy of the written report and recommendation of the	19659
hearing examiner shall be sent, by certified mail, to the licensee	19660
and the licensee's attorney, if applicable, not later than five	19661
days after the report is filed.	19662

(f) Not later than five days after the hearing examiner files	19663
the report and recommendations, the licensee may file objections	19664
to the report and recommendations.	19665

(g) Not later than fifteen days after the hearing examiner	19666
files the report and recommendations, the director shall issue an	19667
order approving, modifying, or disapproving the report and	19668
recommendations.	19669

(h) Notwithstanding the pendency of the hearing, the director	19670
shall lift the order for the suspension of admissions when the	19671
director determines that the violation that formed the basis for	19672
the order has been corrected.	19673

(G) Neither a person or government agency whose application	19674
for a license to operate a residential facility is denied nor a	19675
related party of the person or government agency may apply for a	19676
license to operate a residential facility before the date that is	19677
one year after the date of the denial. Neither a licensee whose	19678
residential facility license is revoked nor a related party of the	19679
licensee may apply for a residential facility license before the	19680
date that is five years after the date of the revocation.	19681

(H) In accordance with Chapter 119. of the Revised Code, the	19682
director shall adopt and may amend and rescind rules for licensing	19683
and regulating the operation of residential facilities, including	19684
intermediate care facilities for the mentally retarded. The rules	19685
for intermediate care facilities for the mentally retarded may	19686
differ from those for other residential facilities. The rules	19687
shall establish and specify the following:	19688

(1) Procedures and criteria for issuing and renewing	19689
licenses, including procedures and criteria for determining the	19690
length of the licensing period that the director must specify for	19691
each license when it is issued or renewed;	19692

(2) Procedures and criteria for denying, refusing to renew,	19693
terminating, and revoking licenses and for ordering the suspension	19694
of admissions to a facility, placement of a monitor at a facility,	19695
and the immediate removal of residents from a facility;	19696

(3) Fees for issuing and renewing licenses, which shall be	19697
deposited into the program fee fund created under section 5123.033	19698
of the Revised Code;	19699

(4) Procedures for surveying residential facilities;

19700

(5) Requirements for the training of residential facility	19701
personnel;	19702

(6) Classifications for the various types of residential	19703
facilities;	19704

(7) Certification procedures for licensees and management	19705
contractors that the director determines are necessary to ensure	19706
that they have the skills and qualifications to properly operate	19707
or manage residential facilities;	19708

(8) The maximum number of persons who may be served in a	19709
particular type of residential facility;	19710

(9) Uniform procedures for admission of persons to and	19711
transfers and discharges of persons from residential facilities;	19712

(10) Other standards for the operation of residential	19713
facilities and the services provided at residential facilities;	19714

(11) Procedures for waiving any provision of any rule adopted	19715
under this section.	19716

(I) Before issuing a license, the director of the department	19717
or the director's designee shall conduct a survey of the	19718
residential facility for which application is made. The director	19719
or the director's designee shall conduct a survey of each	19720
licensed residential facility at least once during the period the	19721
license is valid and may conduct additional inspections as needed.	19722
A survey includes but is not limited to an on-site examination and	19723
evaluation of the residential facility, its personnel, and the	19724
services provided there.	19725

In conducting surveys, the director or the director's	19726
designee shall be given access to the residential facility; all	19727
records, accounts, and any other documents related to the	19728
operation of the facility; the licensee; the residents of the	19729
facility; and all persons acting on behalf of, under the control	19730
of, or in connection with the licensee. The licensee and all	19731
persons on behalf of, under the control of, or in connection with	19732
the licensee shall cooperate with the director or the director's	19733
designee in conducting the survey.	19734

Following each survey, unless the director initiates a	19735
license revocation proceeding, the director or the director's	19736
designee shall provide the licensee with a report listing any	19737
deficiencies, specifying a timetable within which the licensee	19738
shall submit a plan of correction describing how the deficiencies	19739
will be corrected, and, when appropriate, specifying a timetable	19740
within which the licensee must correct the deficiencies. After a	19741
plan of correction is submitted, the director or the director's	19742
designee shall approve or disapprove the plan. A copy of the	19743
report and any approved plan of correction shall be provided to	19744
any person who requests it.	19745

The director shall initiate disciplinary action against any	19746
department employee who notifies or causes the notification to any	19747
unauthorized person of an unannounced survey of a residential	19748
facility by an authorized representative of the department.	19749

(J) In addition to any other information which may be	19750
required of applicants for a license pursuant to this section, the	19751
director shall require each applicant to provide a copy of an	19752
approved plan for a proposed residential facility pursuant to	19753
section 5123.042 of the Revised Code. This division does not apply	19754
to renewal of a license.	19755

(K) A licensee shall notify the owner of the building in	19756
which the licensee's residential facility is located of any	19757
significant change in the identity of the licensee or management	19758
contractor before the effective date of the change if the licensee	19759
is not the owner of the building.	19760

Pursuant to rules which shall be adopted in accordance with	19761
Chapter 119. of the Revised Code, the director may require	19762
notification to the department of any significant change in the	19763
ownership of a residential facility or in the identity of the	19764
licensee or management contractor. If the director determines that	19765
a significant change of ownership is proposed, the director shall	19766
consider the proposed change to be an application for development	19767
by a new operator pursuant to section 5123.042 of the Revised Code	19768
and shall advise the applicant within sixty days of the	19769
notification that the current license shall continue in effect or	19770
a new license will be required pursuant to this section. If the	19771
director requires a new license, the director shall permit the	19772
facility to continue to operate under the current license until	19773
the new license is issued, unless the current license is revoked,	19774
refused to be renewed, or terminated in accordance with Chapter	19775
119. of the Revised Code.	19776

(L) A county board of ~~mental retardation and~~ developmental	19777
disabilities, the legal rights service, and any interested person	19778
may file complaints alleging violations of statute or department	19779
rule relating to residential facilities with the department. All	19780
complaints shall be in writing and shall state the facts	19781
constituting the basis of the allegation. The department shall not	19782
reveal the source of any complaint unless the complainant agrees	19783
in writing to waive the right to confidentiality or until so	19784
ordered by a court of competent jurisdiction.	19785

The department shall adopt rules in accordance with Chapter	19786
119. of the Revised Code establishing procedures for the receipt,	19787
referral, investigation, and disposition of complaints filed with	19788
the department under this division.	19789

(M) The department shall establish procedures for the	19790
notification of interested parties of the transfer or interim care	19791
of residents from residential facilities that are closing or are	19792
losing their license.	19793

(N) Before issuing a license under this section to a	19794
residential facility that will accommodate at any time more than	19795
one mentally retarded or developmentally disabled individual, the	19796
director shall, by first class mail, notify the following:	19797

(1) If the facility will be located in a municipal	19798
corporation, the clerk of the legislative authority of the	19799
municipal corporation;	19800

(2) If the facility will be located in unincorporated	19801
territory, the clerk of the appropriate board of county	19802
commissioners and the fiscal officer of the appropriate board of	19803
township trustees.	19804

The director shall not issue the license for ten days after	19805
mailing the notice, excluding Saturdays, Sundays, and legal	19806
holidays, in order to give the notified local officials time in	19807
which to comment on the proposed issuance.	19808

Any legislative authority of a municipal corporation, board	19809
of county commissioners, or board of township trustees that	19810
receives notice under this division of the proposed issuance of a	19811
license for a residential facility may comment on it in writing to	19812
the director within ten days after the director mailed the notice,	19813
excluding Saturdays, Sundays, and legal holidays. If the director	19814
receives written comments from any notified officials within the	19815
specified time, the director shall make written findings	19816
concerning the comments and the director's decision on the	19817
issuance of the license. If the director does not receive written	19818
comments from any notified local officials within the specified	19819
time, the director shall continue the process for issuance of the	19820
license.	19821

(O) Any person may operate a licensed residential facility	19822
that provides room and board, personal care, habilitation	19823
services, and supervision in a family setting for at least six but	19824
not more than eight persons with mental retardation or a	19825
developmental disability as a permitted use in any residential	19826
district or zone, including any single-family residential district	19827
or zone, of any political subdivision. These residential	19828
facilities may be required to comply with area, height, yard, and	19829
architectural compatibility requirements that are uniformly	19830
imposed upon all single-family residences within the district or	19831
zone.	19832

(P) Any person may operate a licensed residential facility	19833
that provides room and board, personal care, habilitation	19834
services, and supervision in a family setting for at least nine	19835
but not more than sixteen persons with mental retardation or a	19836
developmental disability as a permitted use in any multiple-family	19837
residential district or zone of any political subdivision, except	19838
that a political subdivision that has enacted a zoning ordinance	19839
or resolution establishing planned unit development districts may	19840
exclude these residential facilities from those districts, and a	19841
political subdivision that has enacted a zoning ordinance or	19842
resolution may regulate these residential facilities in	19843
multiple-family residential districts or zones as a conditionally	19844
permitted use or special exception, in either case, under	19845
reasonable and specific standards and conditions set out in the	19846
zoning ordinance or resolution to:	19847

(1) Require the architectural design and site layout of the	19848
residential facility and the location, nature, and height of any	19849
walls, screens, and fences to be compatible with adjoining land	19850
uses and the residential character of the neighborhood;	19851

(2) Require compliance with yard, parking, and sign	19852
regulation;	19853

(3) Limit excessive concentration of these residential	19854
facilities.	19855

(Q) This section does not prohibit a political subdivision	19856
from applying to residential facilities nondiscriminatory	19857
regulations requiring compliance with health, fire, and safety	19858
regulations and building standards and regulations.	19859

(R) Divisions (O) and (P) of this section are not applicable	19860
to municipal corporations that had in effect on June 15, 1977, an	19861
ordinance specifically permitting in residential zones licensed	19862
residential facilities by means of permitted uses, conditional	19863
uses, or special exception, so long as such ordinance remains in	19864
effect without any substantive modification.	19865

(S)(1) The director may issue an interim license to operate a	19866
residential facility to an applicant for a license under this	19867
section if either of the following is the case:	19868

(a) The director determines that an emergency exists	19869
requiring immediate placement of persons in a residential	19870
facility, that insufficient licensed beds are available, and that	19871
the residential facility is likely to receive a permanent license	19872
under this section within thirty days after issuance of the	19873
interim license.	19874

(b) The director determines that the issuance of an interim	19875
license is necessary to meet a temporary need for a residential	19876
facility.	19877

(2) To be eligible to receive an interim license, an	19878
applicant must meet the same criteria that must be met to receive	19879
a permanent license under this section, except for any differing	19880
procedures and time frames that may apply to issuance of a	19881
permanent license.	19882

(3) An interim license shall be valid for thirty days and may	19883
be renewed by the director for a period not to exceed one hundred	19884
fifty days.	19885

(4) The director shall adopt rules in accordance with Chapter	19886
119. of the Revised Code as the director considers necessary to	19887
administer the issuance of interim licenses.	19888

(T) Notwithstanding rules adopted pursuant to this section	19889
establishing the maximum number of persons who may be served in a	19890
particular type of residential facility, a residential facility	19891
shall be permitted to serve the same number of persons being	19892
served by the facility on the effective date of the rules or the	19893
number of persons for which the facility is authorized pursuant to	19894
a current application for a certificate of need with a letter of	19895
support from the department of ~~mental retardation and~~	19896
developmental disabilities and which is in the review process	19897
prior to April 4, 1986.	19898

(U) The director or the director's designee may enter at any	19899
time, for purposes of investigation, any home, facility, or other	19900
structure that has been reported to the director or that the	19901
director has reasonable cause to believe is being operated as a	19902
residential facility without a license issued under this section.	19903

The director may petition the court of common pleas of the	19904
county in which an unlicensed residential facility is located for	19905
an order enjoining the person or governmental agency operating the	19906
facility from continuing to operate without a license. The court	19907
may grant the injunction on a showing that the person or	19908
governmental agency named in the petition is operating a	19909
residential facility without a license. The court may grant the	19910
injunction, regardless of whether the residential facility meets	19911
the requirements for receiving a license under this section.	19912

Sec. 5123.191. (A) The court of common pleas or a judge	19913
thereof in the judge's county, or the probate court, may appoint a	19914
receiver to take possession of and operate a residential facility	19915
licensed by the department of ~~mental retardation and~~ developmental	19916
disabilities, in causes pending in such courts respectively, when	19917
conditions existing at the facility present a substantial risk of	19918
physical or mental harm to residents and no other remedies at law	19919
are adequate to protect the health, safety, and welfare of the	19920
residents. Conditions at the facility that may present such risk	19921
of harm include, but are not limited to, instances when any of the	19922
following occur:	19923

(1) The residential facility is in violation of state or	19924
federal law or regulations.	19925

(2) The facility has had its license revoked or procedures	19926
for revocation have been initiated, or the facility is closing or	19927
intends to cease operations.	19928

(3) Arrangements for relocating residents need to be made.

19929

(4) Insolvency of the operator, licensee, or landowner	19930
threatens the operation of the facility.	19931

(5) The facility or operator has demonstrated a pattern and	19932
practice of repeated violations of state or federal laws or	19933
regulations.	19934

(B) A court in which a petition is filed pursuant to this	19935
section shall notify the person holding the license for the	19936
facility and the department of ~~mental retardation and~~	19937
developmental disabilities of the filing. The court shall order	19938
the department to notify the legal rights service, facility owner,	19939
facility operator, county board of ~~mental retardation and~~	19940
developmental disabilities, facility residents, and residents'	19941
parents and guardians of the filing of the petition.	19942

The court shall provide a hearing on the petition within five	19943
court days of the time it was filed, except that the court may	19944
appoint a receiver prior to that time if it determines that the	19945
circumstances necessitate such action. Following a hearing on the	19946
petition, and upon a determination that the appointment of a	19947
receiver is warranted, the court shall appoint a receiver and	19948
notify the department of ~~mental retardation and~~ developmental	19949
disabilities and appropriate persons of this action.	19950

(C) A residential facility for which a receiver has been	19951
named is deemed to be in compliance with section 5123.19 and	19952
Chapter 3721. of the Revised Code for the duration of the	19953
receivership.	19954

(D) When the operating revenue of a residential facility in	19955
receivership is insufficient to meet its operating expenses,	19956
including the cost of bringing the facility into compliance with	19957
state or federal laws or regulations, the court may order the	19958
state to provide necessary funding, except as provided in division	19959
(K) of this section. The state shall provide such funding, subject	19960
to the approval of the controlling board. The court may also order	19961
the appropriate authorities to expedite all inspections necessary	19962
for the issuance of licenses or the certification of a facility,	19963
and order a facility to be closed if it determines that reasonable	19964
efforts cannot bring the facility into substantial compliance with	19965
the law.	19966

(E) In establishing a receivership, the court shall set forth	19967
the powers and duties of the receiver. The court may generally	19968
authorize the receiver to do all that is prudent and necessary to	19969
safely and efficiently operate the residential facility within the	19970
requirements of state and federal law, but shall require the	19971
receiver to obtain court approval prior to making any single	19972
expenditure of more than five thousand dollars to correct	19973
deficiencies in the structure or furnishings of a facility. The	19974
court shall closely review the conduct of the receiver it has	19975
appointed and shall require regular and detailed reports. The	19976
receivership shall be reviewed at least every sixty days.	19977

(F) A receivership established pursuant to this section shall	19978
be terminated, following notification of the appropriate parties	19979
and a hearing, if the court determines either of the following:	19980

(1) The residential facility has been closed and the former	19981
residents have been relocated to an appropriate facility.	19982

(2) Circumstances no longer exist at the facility that	19983
present a substantial risk of physical or mental harm to	19984
residents, and there is no deficiency in the facility that is	19985
likely to create a future risk of harm.	19986

Notwithstanding division (F)(2) of this section, the court	19987
shall not terminate a receivership for a residential facility that	19988
has previously operated under another receivership unless the	19989
responsibility for the operation of the facility is transferred to	19990
an operator approved by the court and the department of ~~mental~~	19991
~~retardation and~~ developmental disabilities.	19992

(G) The department of ~~mental retardation and~~ developmental	19993
disabilities may, upon its own initiative or at the request of an	19994
owner, operator, or resident of a residential facility, or at the	19995
request of a resident's guardian or relative, a county board of	19996
~~mental retardation and~~ developmental disabilities, or the legal	19997
rights service, petition the court to appoint a receiver to take	19998
possession of and operate a residential facility. When the	19999
department has been requested to file a petition by any of the	20000
parties listed above, it shall, within forty-eight hours of such	20001
request, either file such a petition or notify the requesting	20002
party of its decision not to file. If the department refuses to	20003
file, the requesting party may file a petition with the court	20004
requesting the appointment of a receiver to take possession of and	20005
operate a residential facility.	20006

Petitions filed pursuant to this division shall include the	20007
following:	20008

(1) A description of the specific conditions existing at the	20009
facility which present a substantial risk of physical or mental	20010
harm to residents;	20011

(2) A statement of the absence of other adequate remedies at	20012
law;	20013

(3) The number of individuals residing at the facility;

20014

(4) A statement that the facts have been brought to the	20015
attention of the owner or licensee and that conditions have not	20016
been remedied within a reasonable period of time or that the	20017
conditions, though remedied periodically, habitually exist at the	20018
facility as a pattern or practice;	20019

(5) The name and address of the person holding the license	20020
for the facility and the address of the department of ~~mental~~	20021
~~retardation and~~ developmental disabilities.	20022

The court may award to an operator appropriate costs and	20023
expenses, including reasonable attorney's fees, if it determines	20024
that a petitioner has initiated a proceeding in bad faith or	20025
merely for the purpose of harassing or embarrassing the operator.	20026

(H) Except for the department of ~~mental retardation and~~	20027
developmental disabilities or a county board of ~~mental retardation~~	20028
~~and~~ developmental disabilities, no party or person interested in	20029
an action shall be appointed a receiver pursuant to this section.	20030

To assist the court in identifying persons qualified to be	20031
named as receivers, the director of ~~mental retardation and~~	20032
developmental disabilities or the director's designee shall	20033
maintain a list of the names of such persons. The director shall,	20034
in accordance with Chapter 119. of the Revised Code, establish	20035
standards for evaluating persons desiring to be included on such a	20036
list.	20037

(I) Before a receiver enters upon the duties of that person,	20038
the receiver must be sworn to perform the duties of receiver	20039
faithfully, and, with surety approved by the court, judge, or	20040
clerk, execute a bond to such person, and in such sum as the court	20041
or judge directs, to the effect that such receiver will faithfully	20042
discharge the duties of receiver in the action, and obey the	20043
orders of the court therein.	20044

(J) Under the control of the appointing court, a receiver	20045
may bring and defend actions in the receiver's own name as	20046
receiver and take and keep possession of property.	20047

The court shall authorize the receiver to do the following:

20048

(1) Collect payment for all goods and services provided to	20049
the residents or others during the period of the receivership at	20050
the same rate as was charged by the licensee at the time the	20051
petition for receivership was filed, unless a different rate is	20052
set by the court;	20053

(2) Honor all leases, mortgages, and secured transactions	20054
governing all buildings, goods, and fixtures of which the receiver	20055
has taken possession and continues to use, subject to the	20056
following conditions:	20057

(a) In the case of a rental agreement, only to the extent of	20058
payments that are for the use of the property during the period of	20059
the receivership;	20060

(b) In the case of a purchase agreement only to the extent of	20061
payments that come due during the period of the receivership;	20062

(c) If the court determines that the cost of the lease,	20063
mortgage, or secured transaction was increased by a transaction	20064
required to be reported under division (B)(3) of section 5123.172	20065
of the Revised Code, only to the extent determined by the court to	20066
be the fair market value for use of the property during the period	20067
of the receivership.	20068

(3) If transfer of residents is necessary, provide for the	20069
orderly transfer of residents by doing the following:	20070

(a) Cooperating with all appropriate state and local agencies	20071
in carrying out the transfer of residents to alternative community	20072
placements;	20073

(b) Providing for the transportation of residents' belongings	20074
and records;	20075

(c) Helping to locate alternative placements and develop	20076
discharge plans;	20077

(d) Preparing residents for the trauma of discharge;

20078

(e) Permitting residents or guardians to participate in	20079
transfer or discharge planning except when an emergency exists and	20080
immediate transfer is necessary.	20081

(4) Make periodic reports on the status of the residential	20082
program to the appropriate state agency, county board of ~~mental~~	20083
~~retardation and~~ developmental disabilities, parents, guardians,	20084
and residents;	20085

(5) Compromise demands or claims;

20086

(6) Generally do such acts respecting the residential	20087
facility as the court authorizes.	20088

(K) Neither the receiver nor the department of ~~mental~~	20089
~~retardation and~~ developmental disabilities is liable for debts	20090
incurred by the owner or operator of a residential facility for	20091
which a receiver has been appointed.	20092

(L) The department of ~~mental retardation and~~ developmental	20093
disabilities may contract for the operation of a residential	20094
facility in receivership. The department shall establish the	20095
conditions of a contract. A condition may be the same as, similar	20096
to, or different from a condition established by section 5123.18	20097
of the Revised Code and the rules adopted under that section for a	20098
contract entered into under that section. Notwithstanding any	20099
other provision of law, contracts that are necessary to carry out	20100
the powers and duties of the receiver need not be competitively	20101
bid.	20102

(M) The department of ~~mental retardation and~~ developmental	20103
disabilities, the department of job and family services, and the	20104
department of health shall provide technical assistance to any	20105
receiver appointed pursuant to this section.	20106

Sec. 5123.194. In the case of an individual who resides in a	20107
residential facility and is preparing to move into an independent	20108
living arrangement and the individual's liable relative, the	20109
department of ~~mental retardation and~~ developmental disabilities	20110
may waive the support collection requirements of sections 5121.04,	20111
5123.122, and 5123.18 of the Revised Code for the purpose of	20112
allowing income or resources to be used to acquire items necessary	20113
for independent living. The department shall adopt rules in	20114
accordance with section 111.15 of the Revised Code to implement	20115
this section, including rules that establish the method the	20116
department shall use to determine when an individual is preparing	20117
to move into an independent living arrangement.	20118

Sec. 5123.195. (A) Not later than sixty days after the end of	20119
calendar years 2003, 2004, and 2005, the director of ~~mental~~	20120
~~retardation and~~ developmental disabilities shall submit a report	20121
to the president and minority leader of the senate and speaker and	20122
minority leader of the house of representatives regarding the	20123
implementation of section 5123.19 of the Revised Code since ~~the~~	20124
~~effective date of this section~~March 31, 2003. The director shall	20125
include in the report all of the following information:	20126

(1) A summary of any rules adopted under that section to	20127
implement the amendments to that section that go into effect on	20128
~~the effective date of this section~~March 31, 2003;	20129

(2) The number of residential facility licenses issued,	20130
renewed, and denied under that section since the effective date of	20131
the amendments to section 5123.19 of the Revised Code that go into	20132
effect on ~~the effective date of this section~~March 31, 2003 or, in	20133
the case of the reports due in 2005 and 2006, since the previous	20134
report was submitted;	20135

(3) The length of time for which residential facility	20136
licenses are issued and renewed under that section;	20137

(4) The sanctions imposed pursuant to division (D) of section	20138
5123.19 of the Revised Code and the kinds of violations that cause	20139
the sanctions;	20140

(5) Any other information the director determines is	20141
important to the implementation of the amendments to section	20142
5123.19 of the Revised Code that go into effect on ~~the effective~~	20143
~~date of this section~~March 31, 2003.	20144

(B) On submission of the report under division (A) of this	20145
section, the director shall inform each member of the general	20146
assembly that the report is available.	20147

Sec. 5123.196. (A) Except as provided in division (E) of	20148
this section, the director of ~~mental retardation and~~	20149
developmental disabilities shall not issue a license under	20150
section 5123.19 of the Revised Code on or after July 1, 2003, if	20151
issuance will result in there being more beds in all residential	20152
facilities licensed under that section than is permitted under	20153
division (B) of this section.	20154

(B) The maximum number of beds for the purpose of division	20155
(A) of this section shall not exceed ten thousand eight hundred	20156
thirty-eight minus, except as provided in division (C) of this	20157
section, both of the following:	20158

(1) The number of such beds that cease to be residential	20159
facility beds on or after July 1, 2003, because a residential	20160
facility license is revoked, terminated, or not renewed for any	20161
reason or is surrendered in accordance with section 5123.19 of the	20162
Revised Code;	20163

(2) The number of such beds for which a licensee voluntarily	20164
converts to use for supported living on or after July 1, 2003.	20165

(C) The director is not required to reduce the maximum number	20166
of beds pursuant to division (B) of this section by a bed that	20167
ceases to be a residential facility bed if the director determines	20168
that the bed is needed to provide services to an individual with	20169
mental retardation or a developmental disability who resided in	20170
the residential facility in which the bed was located.	20171

(D) The director shall maintain an up-to-date written record	20172
of the maximum number of residential facility beds provided for by	20173
division (B) of this section.	20174

(E) The director may issue an interim license under division	20175
(S) of section 5123.19 of the Revised Code and issue, pursuant	20176
to rules adopted under division (H)(11) of that section, a	20177
waiver allowing a residential facility to admit more residents	20178
than the facility is licensed to admit regardless of whether the	20179
interim license or waiver will result in there being more beds	20180
in all residential facilities licensed under that section than	20181
is permitted under division (B) of this section.	20182

Sec. 5123.198. (A) As used in this section, "date of the	20183
commitment" means the date that an individual specified in	20184
division (B) of this section begins to reside in a state-operated	20185
intermediate care facility for the mentally retarded after being	20186
committed to the facility pursuant to sections 5123.71 to 5123.76	20187
of the Revised Code.	20188

(B) Except as provided in division (C) of this section,	20189
whenever a resident of a residential facility is committed to a	20190
state-operated intermediate care facility for the mentally	20191
retarded pursuant to sections 5123.71 to 5123.76 of the Revised	20192
Code, the department of ~~mental retardation and~~ developmental	20193
disabilities, pursuant to an adjudication order issued in	20194
accordance with Chapter 119. of the Revised Code, shall reduce by	20195
one the number of residents for which the facility in which the	20196
resident resided is licensed.	20197

(C) The department shall not reduce under division (B) of	20198
this section the number of residents for which a residential	20199
facility is licensed if any of the following are the case:	20200

(1) The resident of the residential facility who is committed	20201
to a state-operated intermediate care facility for the mentally	20202
retarded resided in the residential facility because of the	20203
closure, on or after June 26, 2003, of another state-operated	20204
intermediate care facility for the mentally retarded;	20205

(2) The residential facility admits within ninety days of the	20206
date of the commitment an individual who resides on the date of	20207
the commitment in a state-operated intermediate care facility for	20208
the mentally retarded or another residential facility;	20209

(3) The department fails to do either of the following within	20210
ninety days of the date of the commitment:	20211

(a) Identify an individual to whom all of the following	20212
applies:	20213

(i) Resides on the date of the commitment in a state-operated	20214
intermediate care facility for the mentally retarded or another	20215
residential facility;	20216

(ii) Has indicated to the department an interest in	20217
relocating to the residential facility or has a parent or guardian	20218
who has indicated to the department an interest for the individual	20219
to relocate to the residential facility;	20220

(iii) The department determines the individual has needs that	20221
the residential facility can meet.	20222

(b) Provide the residential facility with information about	20223
the individual identified under division (C)(2)(a) of this section	20224
that the residential facility needs in order to determine whether	20225
the facility can meet the individual's needs.	20226

(4) If the department completes the actions specified in	20227
divisions (C)(3)(a) and (b) of this section not later than ninety	20228
days after the date of the commitment and except as provided in	20229
division (D) of this section, the residential facility does all of	20230
the following not later than ninety days after the date of the	20231
commitment:	20232

(a) Evaluates the information provided by the department;

20233

(b) Assesses the identified individual's needs;

20234

(c) Determines that the residential facility cannot meet the	20235
identified individual's needs.	20236

(5) If the department completes the actions specified in	20237
divisions (C)(3)(a) and (b) of this section not later than ninety	20238
days after the date of the commitment and the residential facility	20239
determines that the residential facility can meet the identified	20240
individual's needs, the individual, or a parent or guardian of the	20241
individual, refuses placement in the residential facility.	20242

(D) The department may reduce under division (B) of this	20243
section the number of residents for which a residential facility	20244
is licensed even though the residential facility completes the	20245
actions specified in division (C)(4) of this section not later	20246
than ninety days after the date of the commitment if all of the	20247
following are the case:	20248

(1) The department disagrees with the residential facility's	20249
determination that the residential facility cannot meet the	20250
identified individual's needs.	20251

(2) The department issues a written decision pursuant to the	20252
uniform procedures for admissions, transfers, and discharges	20253
established by rules adopted under division (H)(9) of section	20254
5123.19 of the Revised Code that the residential facility should	20255
admit the identified individual.	20256

(3) After the department issues the written decision	20257
specified in division (D)(2) of this section, the residential	20258
facility refuses to admit the identified individual.	20259

(E) A residential facility that admits, refuses to admit,	20260
transfers, or discharges a resident under this section shall	20261
comply with the uniform procedures for admissions, transfers, and	20262
discharges established by rules adopted under division (H)(9) of	20263
section 5123.19 of the Revised Code.	20264

(F) The department of ~~mental retardation and~~ developmental	20265
disabilities may notify the department of job and family services	20266
of any reduction under this section in the number of residents for	20267
which a residential facility that is an intermediate care facility	20268
for the mentally retarded is licensed. On receiving the notice,	20269
the department of job and family services may transfer to the	20270
department of ~~mental retardation and~~ developmental disabilities	20271
the savings in the nonfederal share of medicaid expenditures for	20272
each fiscal year after the year of the commitment to be used for	20273
costs of the resident's care in the state-operated intermediate	20274
care facility for the mentally retarded. In determining the amount	20275
saved, the department of job and family services shall consider	20276
medicaid payments for the remaining residents of the facility in	20277
which the resident resided.	20278

Sec. 5123.21. The director of ~~mental retardation and~~	20279
developmental disabilities or the director's designee may transfer	20280
or authorize the transfer of an involuntary resident or a	20281
consenting voluntary resident from one public institution to	20282
another or to an institution other than a public institution or	20283
other facility, if the director determines that it would be	20284
consistent with the habilitation needs of the resident to do so.	20285

Before an involuntary resident may be transferred to a more	20286
restrictive setting, the managing officer of the institution shall	20287
file a motion with the court requesting the court to amend its	20288
order of placement issued under section 5123.76 of the Revised	20289
Code. At the resident's request, the court shall hold a hearing on	20290
the motion at which the resident has the same rights as at a full	20291
hearing under section 5123.76 of the Revised Code.	20292

Whenever a resident is transferred, the director shall give	20293
written notice of the transfer to the resident's legal guardian,	20294
parents, spouse, and counsel, or, if none is known, to the	20295
resident's nearest known relative or friend. If the resident is a	20296
minor, the department before making such a transfer shall make a	20297
minute of the order for the transfer and the reason for it upon	20298
its record and shall send a certified copy at least seven days	20299
prior to the transfer to the person shown by its record to have	20300
had the care or custody of the minor immediately prior to the	20301
minor's commitment. Whenever a consenting voluntary resident is	20302
transferred, the notification shall be given only at the	20303
resident's request. The managing officer shall advise a voluntary	20304
resident who is being transferred that the patient may decide if	20305
such a notification shall be given. In all such transfers, due	20306
consideration shall be given to the relationship of the resident	20307
to the resident's family, legal guardian, or friends, so as to	20308
maintain relationships and encourage visits beneficial to the	20309
resident.	20310

Sec. 5123.211. (A) As used in this section, "residential	20311
services" has the same meaning as in section 5126.01 of the	20312
Revised Code.	20313

(B) The department of ~~mental retardation and~~ developmental	20314
disabilities shall provide or arrange provision of residential	20315
services for each person who, on or after July 1, 1989, ceases to	20316
be a resident of a state institution because of closure of the	20317
institution or a reduction in the institution's population by	20318
forty per cent or more within a period of one year. The services	20319
shall be provided in the county in which the person chooses to	20320
reside and shall consist of one of the following as determined	20321
appropriate by the department in consultation with the county	20322
board of ~~mental retardation and~~ developmental disabilities of the	20323
county in which the services are to be provided:	20324

(1) Residential services provided pursuant to section 5123.18	20325
of the Revised Code;	20326

(2) Residential services for which reimbursement is made	20327
under the medical assistance program established under section	20328
5111.01 of the Revised Code;	20329

(3) Residential services provided in a manner or setting	20330
approved by the director of ~~mental retardation and~~ developmental	20331
disabilities.	20332

(C) Not less than six months prior to closing a state	20333
institution or reducing a state institution's population by forty	20334
per cent or more within a period of one year, the department shall	20335
identify those counties in which individuals leaving the	20336
institution have chosen to reside and notify the county boards of	20337
~~mental retardation and~~ developmental disabilities in those	20338
counties of the need to develop the services specified in division	20339
(B) of this section. The notice shall specify the number of	20340
individuals requiring services who plan to reside in the county	20341
and indicate the amount of funds the department will use to	20342
provide or arrange services for those individuals.	20343

(D) In each county in which one or more persons receive	20344
residential services pursuant to division (B) of this section, the	20345
department shall provide or arrange provision of residential	20346
services, or shall distribute moneys to the county board of ~~mental~~	20347
~~retardation and~~ developmental disabilities to provide or arrange	20348
provision of residential services, for an equal number of persons	20349
with mental retardation or developmental disabilities in that	20350
county who the county board has determined need residential	20351
services but are not receiving them.	20352

Sec. 5123.22. When it is necessary for an institution under	20353
the jurisdiction of the department of ~~mental retardation and~~	20354
developmental disabilities to acquire any real estate,	20355
right-of-way, or easement in real estate in order to accomplish	20356
the purposes for which it was organized or is being conducted, and	20357
the department is unable to agree with the owner of such property	20358
upon the price to be paid therefor, such property may be	20359
appropriated in the manner provided for the appropriation of	20360
property for other state purposes.	20361

Any instrument by which real property is acquired pursuant to	20362
this section shall identify the agency of the state that has the	20363
use and benefit of the real property as specified in section	20364
5301.012 of the Revised Code.	20365

Sec. 5123.221. The department of ~~mental retardation and~~	20366
developmental disabilities shall determine and direct what lands	20367
belonging to institutions under its control shall be cultivated.	20368

The department of agriculture, the department of health, and	20369
the Ohio state university shall cooperate with the department of	20370
~~mental retardation and~~ developmental disabilities, and the	20371
managing officer of each institution mentioned in section 5123.03	20372
of the Revised Code, in making such cooperative tests as are	20373
necessary to determine the quality, strength, and purity of	20374
supplies, the value and use of farm lands, or the conditions and	20375
needs of mechanical equipment.	20376

The department may direct the purchase of any materials,	20377
supplies, or other articles for any institution subject to its	20378
jurisdiction from any other such institution at the reasonable	20379
market value, such value to be fixed by the department, and	20380
payments therefor shall be made as between institutions in the	20381
manner provided for payment for supplies.	20382

Sec. 5123.23. The director of ~~mental retardation and~~	20383
developmental disabilities may lease, for oil and gas, any real	20384
estate owned by the state and placed under the supervision of the	20385
department of ~~mental retardation and~~ developmental disabilities,	20386
to any person, upon such terms and for such number of years, not	20387
more than forty, as will be for the best interest of the state. No	20388
such lease shall be agreed upon or entered into before the	20389
proposal to lease the property has been advertised once each week	20390
for four weeks in a newspaper of general circulation in the county	20391
in which the property is located. The lease shall be made with the	20392
person offering the best terms to the state.	20393

The director, in such lease, may grant to the lessee the	20394
right to use so much of the surface of the land as may be	20395
reasonably necessary to carry on the work of prospecting for,	20396
extracting, piping, storing, and removing all oil or gas, and for	20397
depositing waste material and maintaining such buildings and	20398
constructions as are reasonably necessary for exploring or	20399
prospecting for such oil and gas.	20400

All leases made under this section shall be prepared by the	20401
attorney general and approved by the governor. All money received	20402
from any such leases shall be paid into the state treasury to the	20403
credit of the general revenue fund.	20404

Sec. 5123.24. A person, firm, or corporation may file a	20405
petition in the court of common pleas of the county in which an	20406
institution under the jurisdiction of the department of ~~mental~~	20407
~~retardation and~~ developmental disabilities is located, in which	20408
petition the desire to erect or carry on at a less distance than	20409
that prescribed in section 3767.19 of the Revised Code shall be	20410
set forth, the business prohibited, the precise point of its	20411
establishment, and the reasons and circumstances, in its opinion,	20412
why the erection or carrying on thereof would not annoy or	20413
endanger the health, convenience, or recovery of the residents of	20414
such institution. The petitioner shall give notice in a newspaper	20415
of general circulation in the county of the pendency and prayer of	20416
the petition for at least six consecutive weeks before the day set	20417
for hearing the petition and serve a written notice upon the	20418
superintendent of the institution at least thirty days before the	20419
day set for hearing the petition.	20420

If, upon the hearing of the petition, it appears that the	20421
notice has been given as required and the court is of the opinion	20422
that no good reason exists why such establishment may not be	20423
erected or such business carried on and that by the erection or	20424
carrying on thereof at the point named, the institution will	20425
sustain no detriment, the court may issue an order granting the	20426
prayer of the petitioner. Thereafter the petitioner may locate	20427
such establishment or carry on such business at the point named in	20428
the petition.	20429

Sec. 5123.25. The department of administrative services	20430
shall purchase all supplies needed for the proper support and	20431
maintenance of the institutions under the control of the	20432
department of ~~mental retardation and~~ developmental disabilities in	20433
accordance with the competitive selection procedures of Chapter	20434
125. of the Revised Code and such rules as the department of	20435
administrative services adopts. All bids shall be publicly opened	20436
on the day and hour and at the place specified in the	20437
advertisement.	20438

Preference shall be given to bidders in localities wherein	20439
the institution is located, if the price is fair and reasonable	20440
and not greater than the usual price.	20441

The department of administrative services may require such	20442
security as it considers proper to accompany the bids and shall	20443
fix the security to be given by the contractor.	20444

The department of administrative services may reject any or	20445
all bids and secure new bids, if for any reason it is considered	20446
for the best interest of the state to do so, and it may authorize	20447
the managing officer of any institution to purchase perishable	20448
goods and supplies for use in cases of emergency, in which cases	20449
the managing officer shall certify such fact in writing and the	20450
department of administrative services shall record the reasons for	20451
the purchases.	20452

Sec. 5123.26. The treasurer of state shall have charge of	20453
all funds under the jurisdiction of the department of ~~mental~~	20454
~~retardation and~~ developmental disabilities and shall pay out the	20455
same only in accordance with Chapter 5123. of the Revised Code.	20456

The department shall cause to be furnished a contract of	20457
indemnity to cover all moneys and funds received by it or by its	20458
managing officers, employees, or agents while such moneys or funds	20459
are in the possession of such managing officers, employees, or	20460
agents. Such funds are designated as follows:	20461

(A) Funds which are due and payable to the treasurer of state	20462
as provided by Chapter 131. of the Revised Code;	20463

(B) Those funds which are held in trust by the managing	20464
officers, employees, or agents of the institution as local funds	20465
or accounts under the jurisdiction of the department.	20466

Such contract of indemnity shall be made payable to the state	20467
and the premium for such contract of indemnity may be paid from	20468
any of the funds received for the use of the department under this	20469
chapter or Chapter 5121. of the Revised Code.	20470

Funds collected from various sources, such as the sale of	20471
goods, farm products, and all miscellaneous articles, shall be	20472
transmitted on or before Monday of each week to the treasurer of	20473
state and a detailed statement of such collections shall be made	20474
to the division of business administration by each managing	20475
officer.	20476

Sec. 5123.27. The director of ~~mental retardation and~~	20477
developmental disabilities may accept, hold, and administer in	20478
trust on behalf of the state, if it is for the public interest,	20479
any grant, devise, gift, or bequest of money or property made to	20480
the state for the use or benefit of any institution under the	20481
jurisdiction of the department of ~~mental retardation and~~	20482
developmental disabilities or for the use and benefit of persons	20483
with mental retardation or a developmental disability under the	20484
control of the department. If the trust so provides, the money or	20485
property may be used for any work which the department is	20486
authorized to undertake.	20487

The department shall keep such gift, grant, devise, or	20488
bequest as a distinct property or fund and, if it is in money,	20489
shall invest it in the manner provided by law. The department may	20490
deposit in a proper trust company or savings bank any money left	20491
in trust during a specified life or lives and shall adopt rules	20492
governing the deposit, transfer, withdrawal, or investment of the	20493
money and the income from it.	20494

The department shall, in the manner prescribed by the	20495
director of budget and management pursuant to section 126.21 of	20496
the Revised Code, account for all money or property received or	20497
expended under this section. The records, together with a	20498
statement certified by the depository showing the money deposited	20499
there to the credit of the trust, shall be open to public	20500
inspection. The director of budget and management may require the	20501
department to file a report with the director on any particular	20502
portion, or the whole, of any trust property received or expended	20503
by it.	20504

The department shall, upon the expiration of any trust	20505
according to its terms, dispose of the money or property held	20506
under the trust in the manner provided in the instrument creating	20507
the trust. If the instrument creating the trust failed to make any	20508
terms of disposition, or if no trust was in evidence, the decedent	20509
resident's money, saving or commercial deposits, dividends or	20510
distributions, bonds, or any other interest-bearing debt	20511
certificate or stamp issued by the United States government shall	20512
escheat to the state. All such unclaimed intangible personal	20513
property of a former resident shall be retained by the managing	20514
officer in such institution for the period of one year, during	20515
which time every possible effort shall be made to find the former	20516
resident or the former resident's legal representative.	20517

If after a period of one year from the time the resident has	20518
left the institution or has died, the managing officer has been	20519
unable to locate the person or the person's legal representative,	20520
then, upon proper notice of that fact, the director shall at that	20521
time formulate in writing a method of disposition on the minutes	20522
of the department authorizing the managing officer to convert such	20523
intangible personal property to cash to be paid into the state	20524
treasury to the credit of the general revenue fund.	20525

The department shall include in its annual report a statement	20526
of all such money and property and the terms and conditions	20527
relating to them.	20528

Sec. 5123.28. (A) Except as otherwise provided in this	20529
division, money or property deposited with managing officers of	20530
institutions under the jurisdiction of the department of ~~mental~~	20531
~~retardation and~~ developmental disabilities by any resident under	20532
the department's control or by relatives, guardians, conservators,	20533
and others for the special benefit of such resident, as well as	20534
all other funds and all other income paid to the resident, to the	20535
resident's estate, or on the resident's behalf, or paid to the	20536
managing officer or to the institution as representative payee or	20537
otherwise paid on the resident's behalf, shall remain in the hands	20538
of such managing officers in appropriate accounts for use	20539
accordingly. Each such managing officer shall keep itemized book	20540
accounts of the receipt and disposition of such money and	20541
property, which book shall be open at all times to the inspection	20542
of the department. The director of ~~mental retardation and~~	20543
developmental disabilities shall adopt rules governing the	20544
deposit, transfer, withdrawal, or investment of such funds and the	20545
income of the funds, as well as rules under which such funds and	20546
income shall be paid by managing officers, institutions, or	20547
district managers for the support of such residents pursuant to	20548
Chapter 5121. of the Revised Code, or for their other needs.	20549

This division does not require, and shall not be construed as	20550
requiring, the deposit of the principal or income of a trust	20551
created pursuant to section 5815.28 of the Revised Code with	20552
managing officers of institutions under the jurisdiction of the	20553
department.	20554

(B) Whenever any resident confined in a state institution	20555
under the jurisdiction of the department dies, escapes, or is	20556
discharged from the institution, any personal funds of the	20557
resident remain in the hands of the managing officer of the	20558
institution, and no demand is made upon the managing officer by	20559
the owner of the funds or the owner's legally appointed	20560
representative, the managing officer shall hold the funds in the	20561
personal deposit fund for a period of at least one year during	20562
which time the managing officer shall make every effort possible	20563
to locate the owner or the owner's legally appointed	20564
representative. If, at the end of this period, no demand has been	20565
made for the funds, the managing officer shall dispose of the	20566
funds as follows:	20567

(1) All money in a personal deposit fund in excess of ten	20568
dollars due for the support of a resident, shall be paid in	20569
accordance with Chapter 5121. of the Revised Code.	20570

(2) All money in a personal deposit fund in excess of ten	20571
dollars not due for the support of a resident, shall be placed to	20572
the credit of the institution's local account designated as the	20573
"industrial and entertainment" fund.	20574

(3) The first ten dollars to the credit of a resident shall	20575
be placed to the credit of the institution's local account	20576
designated as the "industrial and entertainment" fund.	20577

(C) Whenever any resident in any state institution subject to	20578
the jurisdiction of the department dies, escapes, or is discharged	20579
from the institution, any personal effects of the resident remain	20580
in the hands of the managing officer of the institution, and no	20581
demand is made upon the managing officer by the owner of the	20582
personal effects or the owner's legally appointed representative,	20583
the managing officer shall hold and dispose of the personal	20584
effects in the following manner. All the miscellaneous personal	20585
effects shall be held for a period of at least one year, during	20586
which time the managing officer shall make every effort possible	20587
to locate the owner or the owner's legal representative. If, at	20588
the end of this period, no demand has been made by the owner of	20589
the property or the owner's legal representative, the managing	20590
officer shall file with the county recorder of the county of	20591
commitment of such owner, all deeds, wills, contract mortgages, or	20592
assignments. The balance of the personal effects shall be sold at	20593
public auction after being duly advertised, and the funds turned	20594
over to the treasurer of state for credit to the general revenue	20595
fund. If any of the property is not of a type to be filed with the	20596
county recorder and is not salable at public auction, the managing	20597
officer of the institution shall destroy that property.	20598

Sec. 5123.29. Each managing officer of an institution under	20599
the jurisdiction of the department of ~~mental retardation and~~	20600
developmental disabilities, with the approval of the director of	20601
~~mental retardation and~~ developmental disabilities, may establish	20602
funds in the institutions under the jurisdiction of the	20603
department, designated as follows:	20604

(A) Industrial and entertainment fund for the entertainment	20605
and welfare of the residents of the institution.	20606

(B) Commissary fund for the benefit of residents of the	20607
institution. Commissary revenue in excess of operating costs and	20608
reserve shall be considered profits. All profits from the	20609
commissary fund operations shall be paid into the industrial and	20610
entertainment fund, and used only for the entertainment and	20611
welfare of residents.	20612

The director shall establish rules for the operation of the	20613
industrial and entertainment and commissary funds.	20614

Sec. 5123.30. The department of ~~mental retardation and~~	20615
developmental disabilities shall keep in its office a proper and	20616
complete set of books and accounts with each institution, which	20617
shall clearly show the nature and amount of every expenditure	20618
authorized and made at such institution, and which shall contain	20619
an account of all appropriations made by the general assembly and	20620
of all other funds, together with the disposition of such funds.	20621

The department shall prescribe the form of vouchers, records,	20622
and methods of keeping accounts at each of the institutions, which	20623
shall be as nearly uniform as possible. The department may examine	20624
the records of any institution at any time.	20625

The department may authorize any of its bookkeepers,	20626
accountants, or employees to examine the records, accounts, and	20627
vouchers or take an inventory of the property of any institution,	20628
or do whatever is necessary, and pay the actual and reasonable	20629
expenses incurred in such service when an itemized account is	20630
filed and approved.	20631

Sec. 5123.31. The department of ~~mental retardation and~~	20632
developmental disabilities shall keep in its office, accessible	20633
only to its employees, except by the consent of the department or	20634
the order of the judge of a court of record, a record showing the	20635
name, residence, sex, age, nativity, occupation, condition, and	20636
date of entrance or commitment of every resident in the	20637
institutions governed by it, the date, cause, and terms of	20638
discharge and the condition of such person at the time of leaving,	20639
and also a record of all transfers from one institution to	20640
another, and, if such person dies while in the care or custody of	20641
the department, the date and cause of death. These and such other	20642
facts as the department requires shall be furnished by the	20643
managing officer of each institution within ten days after the	20644
commitment, entrance, death, or discharge of a resident.	20645

In case of an accident or injury or peculiar death of a	20646
resident the managing officer shall make a special report to the	20647
department within twenty-four hours thereafter, giving the	20648
circumstances as fully as possible.	20649

Sec. 5123.33. In its annual report, the department of ~~mental~~	20650
~~retardation and~~ developmental disabilities shall include a list of	20651
the officers and agents employed, and complete financial statement	20652
of the various institutions under its control. The report shall	20653
describe the condition of each institution, and shall state, as to	20654
each institution, whether:	20655

(A) The moneys appropriated have been economically and	20656
judiciously expended;	20657

(B) The objects of the institutions have been accomplished;

20658

(C) The laws in relation to such institutions have been fully	20659
complied with;	20660

(D) All parts of the state are equally benefited by the	20661
institutions.	20662

Such annual report shall be accompanied by the reports of the	20663
managing officers, such other information as the department	20664
considers proper, and the department's recommendations for the	20665
more effective accomplishment of the general purpose of this	20666
chapter.	20667

Sec. 5123.34. This chapter attempts to do all of the	20668
following:	20669

(A) Provide humane and scientific treatment and care and the	20670
highest attainable degree of individual development for persons	20671
with mental retardation or a developmental disability;	20672

(B) Promote the study of the causes of mental retardation and	20673
developmental disabilities, with a view to ultimate prevention;	20674

(C) Secure by uniform and systematic management the highest	20675
attainable degree of economy in the administration of the	20676
institutions under the control of the department of ~~mental~~	20677
~~retardation and~~ developmental disabilities.	20678

Sections 5123.02 to 5123.04, 5123.042, 5123.043, 5123.10,	20679
5123.21, 5123.221, 5123.25, and 5123.31 of the Revised Code shall	20680
be liberally construed to attain these purposes.	20681

Sec. 5123.35. (A) There is hereby created the Ohio	20682
developmental disabilities council, which shall serve as an	20683
advocate for all persons with developmental disabilities. The	20684
council shall act in accordance with the "Developmental	20685
Disabilities Assistance and Bill of Rights Act," 98 Stat. 2662	20686
(1984), 42 U.S.C. 6001, as amended. The governor shall appoint the	20687
members of the council in accordance with 42 U.S.C. 6024.	20688

(B) The Ohio developmental disabilities council shall develop	20689
the state plan required by federal law as a condition of receiving	20690
federal assistance under 42 U.S.C. 6021 to 6030. The department of	20691
~~mental retardation and~~ developmental disabilities, as the state	20692
agency selected by the governor for purposes of receiving the	20693
federal assistance, shall receive, account for, and disburse funds	20694
based on the state plan and shall provide assurances and other	20695
administrative support services required as a condition of	20696
receiving the federal assistance.	20697

(C) The federal funds may be disbursed through grants to or	20698
contracts with persons and government agencies for the provision	20699
of necessary or useful goods and services for developmentally	20700
disabled persons. The Ohio developmental disabilities council may	20701
award the grants or enter into the contracts.	20702

(D) The Ohio developmental disabilities council may award	20703
grants to or enter into contracts with a member of the council or	20704
an entity that the member represents if all of the following	20705
apply:	20706

(1) The member serves on the council as a representative of	20707
one of the principal state agencies concerned with services for	20708
persons with developmental disabilities as specified in 42 U.S.C.	20709
6024(b)(3), a representative of a university affiliated program as	20710
defined in 42 U.S.C. 6001(18), or a representative of the legal	20711
rights service created under section 5123.60 of the Revised Code.	20712

(2) The council determines that the member or the entity the	20713
member represents is capable of providing the goods or services	20714
specified under the terms of the grant or contract.	20715

(3) The member has not taken part in any discussion or vote	20716
of the council related to awarding the grant or entering into the	20717
contract, including service as a member of a review panel	20718
established by the council to award grants or enter into contracts	20719
or to make recommendations with regard to awarding grants or	20720
entering into contracts.	20721

(E) A member of the Ohio developmental disabilities council	20722
is not in violation of Chapter 102. or section 2921.42 of the	20723
Revised Code with regard to receiving a grant or entering into a	20724
contract under this section if the requirements of division (D) of	20725
this section have been met.	20726

Sec. 5123.351. The director of ~~mental retardation and~~	20727
developmental disabilities, with respect to the eligibility for	20728
state reimbursement of expenses incurred by facilities and	20729
programs established and operated under Chapter 5126. of the	20730
Revised Code for persons with mental retardation or a	20731
developmental disability, shall do all of the following:	20732

(A) Make rules that may be necessary to carry out the	20733
purposes of Chapter 5126. and sections 5123.35, 5123.351, and	20734
5123.36 of the Revised Code;	20735

(B) Define minimum standards for qualifications of personnel,	20736
professional services, and in-service training and educational	20737
leave programs;	20738

(C) Review and evaluate community programs and make	20739
recommendations for needed improvements to county boards of ~~mental~~	20740
~~retardation and~~ developmental disabilities and to program	20741
directors;	20742

(D) Withhold state reimbursement, in whole or in part, from	20743
any county or combination of counties for failure to comply with	20744
Chapter 5126. or section 5123.35 or 5123.351 of the Revised Code	20745
or rules of the department of ~~mental retardation and~~ developmental	20746
disabilities;	20747

(E) Withhold state funds from an agency, corporation, or	20748
association denying or rendering service on the basis of race,	20749
color, sex, religion, ancestry, national origin, disability as	20750
defined in section 4112.01 of the Revised Code, or inability to	20751
pay;	20752

(F) Provide consultative staff service to communities to	20753
assist in ascertaining needs and in planning and establishing	20754
programs.	20755

Sec. 5123.352. There is hereby created in the state treasury	20756
the community ~~mental retardation and~~ developmental disabilities	20757
trust fund. The director of ~~mental retardation and~~ developmental	20758
disabilities, not later than sixty days after the end of each	20759
fiscal year, shall certify to the director of budget and	20760
management the amount of all the unexpended, unencumbered balances	20761
of general revenue fund appropriations made to the department of	20762
~~mental retardation and~~ developmental disabilities for the fiscal	20763
year, excluding appropriations for rental payments to the Ohio	20764
public facilities commission, and the amount of any other funds	20765
held by the department in excess of amounts necessary to meet the	20766
department's operating costs and obligations pursuant to this	20767
chapter and Chapter 5126. of the Revised Code. On receipt of the	20768
certification, the director of budget and management shall	20769
transfer cash to the trust fund in an amount up to, but not	20770
exceeding, the total of the amounts certified by the director of	20771
~~mental retardation and~~ developmental disabilities, except in cases	20772
in which the transfer will involve more than twenty million	20773
dollars. In such cases, the director of budget and management	20774
shall notify the controlling board and must receive the board's	20775
approval of the transfer prior to making the transfer.	20776

All moneys in the trust fund shall be distributed in	20777
accordance with section 5126.19 of the Revised Code.	20778

Sec. 5123.36. (A) To the extent funds are available and on	20779
application by a county board of ~~mental retardation and~~	20780
developmental disabilities or private nonprofit agency	20781
incorporated to provide mental retardation or developmental	20782
disability services, the director of ~~mental retardation and~~	20783
developmental disabilities may enter into an agreement with the	20784
county board or agency to assist the county board or agency with a	20785
mental retardation or developmental disability construction	20786
project. Except as provided by division (B) of this section, the	20787
director may provide up to ninety per cent of the total project	20788
cost where circumstances warrant. The director may, where	20789
circumstances warrant, use existing facilities or other in-kind	20790
match for the local share of the communities' share of the cost.	20791

(B) Upon the recommendation of the director, for projects of	20792
the highest priority of the department of ~~mental retardation and~~	20793
developmental disabilities, the controlling board may authorize	20794
the director to provide more than ninety per cent of the total	20795
cost of a project under this section.	20796

(C) A county board is eligible for funds under this section	20797
for a project bid on or after January 1, 1992, under either	20798
section 153.07 or 307.86 of the Revised Code, as long as all other	20799
applicable requirements were followed.	20800

(D) A private nonprofit agency that receives funds pursuant	20801
to this section for the construction of a single-family home,	20802
including, where appropriate, the acquisition and installation of	20803
a single-family home fabricated in an off-site facility, is not	20804
subject to the requirements of Chapter 153. of the Revised Code	20805
with respect to the construction project, notwithstanding any	20806
provision of that chapter to the contrary.	20807

(E) The director may not assist a project under this section	20808
unless the controlling board or director of budget and management	20809
also approves the project pursuant to section 126.14 of the	20810
Revised Code.	20811

Sec. 5123.37. A county board of ~~mental retardation and~~	20812
developmental disabilities or private, nonprofit agency that	20813
receives state funds pursuant to an agreement with the director of	20814
~~mental retardation and~~ developmental disabilities under section	20815
5123.36 of the Revised Code to acquire a facility may apply to the	20816
director for approval to sell the facility before the terms of the	20817
agreement expire for the purpose of acquiring a replacement	20818
facility to be used to provide mental retardation or developmental	20819
disability services to individuals the county board or agency	20820
serves. The application shall be made on a form the director shall	20821
prescribe. The county board or agency shall include in the	20822
application the specific purpose for which the replacement	20823
facility is to be used. The director may refuse to approve the	20824
application if the director determines that any of the following	20825
apply:	20826

(A) The application is incomplete or indicates that the	20827
county board or agency is unable to purchase a replacement	20828
facility.	20829

(B) The replacement facility would not be used to continue to	20830
provide mental retardation or developmental disability services	20831
that the director determines are appropriate for the individuals	20832
the county board or agency serves.	20833

(C) The county board or agency has failed to comply with a	20834
provision of Chapter 5123. or 5126. of the Revised Code or a rule	20835
adopted by the director.	20836

(D) Approving the application would be inconsistent with the	20837
plans and priorities of the department of ~~mental retardation and~~	20838
developmental disabilities.	20839

Sec. 5123.371. If the director of ~~mental retardation and~~	20840
developmental disabilities approves an application submitted under	20841
section 5123.37 of the Revised Code, the county board of ~~mental~~	20842
~~retardation and~~ developmental disabilities or private, nonprofit	20843
agency that submitted the application shall, after selling the	20844
facility for which the county board or agency received approval to	20845
sell, pay to the director the portion of the proceeds that equals	20846
the amount that the director determines the county board or agency	20847
owes the department of ~~mental retardation and~~ developmental	20848
disabilities, including the department's security interest in the	20849
facility, for the state funds used to acquire the facility.	20850

Sec. 5123.372. If the director of ~~mental retardation and~~	20851
developmental disabilities approves an application submitted under	20852
section 5123.37 of the Revised Code, the director shall establish	20853
a deadline by which the county board of ~~mental retardation and~~	20854
developmental disabilities or private, nonprofit agency that	20855
submitted the application must notify the director that the county	20856
board or agency is ready to acquire a replacement facility to be	20857
used for the purpose stated in the application. The director may	20858
extend the deadline as many times as the director determines	20859
necessary.	20860

Sec. 5123.373. If, on or before the deadline or, if any, the	20861
last extended deadline established under section 5123.372 of the	20862
Revised Code for a county board of ~~mental retardation and~~	20863
developmental disabilities or private, nonprofit agency, the	20864
county board or agency notifies the director of ~~mental retardation~~	20865
~~and~~ developmental disabilities that the county board or agency is	20866
ready to acquire the replacement facility, the director shall	20867
enter into an agreement with the county board or agency that	20868
provides for the director to pay to the county board or agency a	20869
percentage of the cost of acquiring the replacement facility. The	20870
agreement shall specify the amount that the director shall pay.	20871
The amount may be the amount of the security interest that the	20872
department of ~~mental retardation and~~ developmental disabilities	20873
had in the previous facility or a different amount. The agreement	20874
may provide for the department to hold a security interest in the	20875
replacement facility.	20876

Sec. 5123.374. (A) The director of ~~mental retardation and~~	20877
developmental disabilities may rescind approval of an application	20878
submitted under section 5123.37 of the Revised Code if either of	20879
the following occurs:	20880

(1) The county board of ~~mental retardation and~~ developmental	20881
disabilities or private, nonprofit agency that submitted the	20882
application fails, on or before the deadline or, if any, the last	20883
extended deadline established under section 5123.372 of the	20884
Revised Code for the county board or agency, to notify the	20885
director that the county board or agency is ready to acquire the	20886
replacement facility.	20887

(2) The county board or agency at any time notifies the	20888
director that the county board or agency no longer intends to	20889
acquire a replacement facility.	20890

(B) If the director rescinds approval of an application, the	20891
director shall use any funds the county board or agency paid to	20892
the director under section 5123.371 of the Revised Code to assist	20893
mental retardation or developmental disabilities construction	20894
projects under section 5123.36 of the Revised Code.	20895

Sec. 5123.375. The ~~MR/DD~~developmental disabilities	20896
community capital replacement facilities fund is hereby created in	20897
the state treasury. The director of ~~mental retardation and~~	20898
developmental disabilities shall credit all amounts paid to the	20899
director under section 5123.371 of the Revised Code to the fund.	20900
The director shall use the money in the fund as follows:	20901

(A) To make payments to county boards of ~~mental retardation~~	20902
~~and~~ developmental disabilities and private, nonprofit agencies	20903
pursuant to agreements entered into under section 5123.373 of the	20904
Revised Code;	20905

(B) To provide, pursuant to section 5123.374 of the Revised	20906
Code, assistance for mental retardation or developmental	20907
disabilities construction projects under section 5123.36 of the	20908
Revised Code.	20909

Sec. 5123.38. (A) Except as provided in division (B) and (C)	20910
of this section, if an individual receiving supported living or	20911
home and community-based services funded by a county board of	20912
~~mental retardation and~~ developmental disabilities is committed to	20913
a state-operated intermediate care facility for the mentally	20914
retarded pursuant to sections 5123.71 to 5123.76 of the Revised	20915
Code, the department of ~~mental retardation and~~ developmental	20916
disabilities shall use the funds otherwise allocated to the county	20917
board as the nonfederal share of medicaid expenditures for the	20918
individual's care in the state-operated facility.	20919

(B) Division (A) of this section does not apply if the county	20920
board, not later than ninety days after the date of the commitment	20921
of a person receiving supported services, commences funding of	20922
supported living for an individual who resides in a state-operated	20923
intermediate care facility for the mentally retarded on the date	20924
of the commitment or another eligible individual designated by the	20925
department.	20926

(C) Division (A) of this section does not apply if the county	20927
board, not later than ninety days after the date of the commitment	20928
of a person receiving home and community-based services, commences	20929
funding of home and community-based services for an individual who	20930
resides in a state-operated intermediate care facility for the	20931
mentally retarded on the date of the commitment or another	20932
eligible individual designated by the department.	20933

Sec. 5123.40. There is hereby created in the state treasury	20934
the services fund for individuals with mental retardation and	20935
developmental disabilities. On the death of the beneficiary of a	20936
trust created pursuant to section 5815.28 of the Revised Code, the	20937
portion of the remaining assets of the trust specified in the	20938
trust instrument shall be deposited to the credit of the fund.	20939

Money credited to the fund shall be used for individuals with	20940
mental retardation and developmental disabilities. In accordance	20941
with Chapter 119. of the Revised Code, the department of ~~mental~~	20942
~~retardation and~~ developmental disabilities may adopt any rules	20943
necessary to implement this section.	20944

Sec. 5123.41. As used in this section and sections 5123.42	20945
to 5123.47 of the Revised Code:	20946

(A) "Adult services" has the same meaning as in section	20947
5126.01 of the Revised Code.	20948

(B) "Certified supported living provider" means a person or	20949
government entity certified under section 5123.161 of the Revised	20950
Code.	20951

(C) "Drug" has the same meaning as in section 4729.01 of the	20952
Revised Code.	20953

(D) "Family support services" has the same meaning as in	20954
section 5126.01 of the Revised Code.	20955

(E) "Health-related activities" means the following:

20956

(1) Taking vital signs;

20957

(2) Application of clean dressings that do not require health	20958
assessment;	20959

(3) Basic measurement of bodily intake and output;

20960

(4) Oral suctioning;

20961

(5) Use of glucometers;

20962

(6) External urinary catheter care;

20963

(7) Emptying and replacing colostomy bags;

20964

(8) Collection of specimens by noninvasive means.

20965

(F) "Licensed health professional authorized to prescribe	20966
drugs" has the same meaning as in section 4729.01 of the Revised	20967
Code.	20968

(G) "MR/DD personnel" means the employees and the workers	20969
under contract who provide specialized services to individuals	20970
with mental retardation and developmental disabilities. "MR/DD	20971
personnel" includes those who provide the services as follows:	20972

(1) Through direct employment with the department of ~~mental~~	20973
~~retardation and~~ developmental disabilities or a county board of	20974
~~mental retardation and~~ developmental disabilities;	20975

(2) Through an entity under contract with the department of	20976
~~mental retardation and~~ developmental disabilities or a county	20977
board of ~~mental retardation and~~ developmental disabilities;	20978

(3) Through direct employment or by being under contract with	20979
private entities, including private entities that operate	20980
residential facilities.	20981

(H) "Nursing delegation" means the process established in	20982
rules adopted by the board of nursing pursuant to Chapter 4723. of	20983
the Revised Code under which a registered nurse or licensed	20984
practical nurse acting at the direction of a registered nurse	20985
transfers the performance of a particular nursing activity or task	20986
to another person who is not otherwise authorized to perform the	20987
activity or task.	20988

(I) "Prescribed medication" means a drug that is to be	20989
administered according to the instructions of a licensed health	20990
professional authorized to prescribe drugs.	20991

(J) "Residential facility" means a facility licensed under	20992
section 5123.19 of the Revised Code or subject to section 5123.192	20993
of the Revised Code.	20994

(K) "Specialized services" has the same meaning as in section	20995
5123.50 of the Revised Code.	20996

(L) "Tube feeding" means the provision of nutrition to an	20997
individual through a gastrostomy tube or a jejunostomy tube.	20998

Sec. 5123.42. (A) Beginning nine months after ~~the effective~~	20999
~~date of this section~~March 31, 2003, MR/DD personnel who are not	21000
specifically authorized by other provisions of the Revised Code to	21001
administer prescribed medications, perform health-related	21002
activities, or perform tube feedings may do so pursuant to this	21003
section as part of the specialized services the MR/DD personnel	21004
provide to individuals with mental retardation and developmental	21005
disabilities in the following categories:	21006

(1) Recipients of early intervention, preschool, and	21007
school-age services offered or provided pursuant to this chapter	21008
or Chapter 5126. of the Revised Code;	21009

(2) Recipients of adult services offered or provided pursuant	21010
to this chapter or Chapter 5126. of the Revised Code;	21011

(3) Recipients of family support services offered or	21012
provided pursuant to this chapter or Chapter 5126. of the Revised	21013
Code;	21014

(4) Recipients of services from certified supported living	21015
providers, if the services are offered or provided pursuant to	21016
this chapter or Chapter 5126. of the Revised Code;	21017

(5) Recipients of residential support services from certified	21018
home and community-based services providers, if the services are	21019
received in a community living arrangement that includes not more	21020
than four individuals with mental retardation and developmental	21021
disabilities and the services are offered or provided pursuant to	21022
this chapter or Chapter 5126. of the Revised Code;	21023

(6) Recipients of services not included in divisions (A)(1)	21024
to (5) of this section that are offered or provided pursuant to	21025
this chapter or Chapter 5126. of the Revised Code;	21026

(7) Residents of a residential facility with five or fewer	21027
resident beds;	21028

(8) Residents of a residential facility with at least six but	21029
not more than sixteen resident beds;	21030

(9) Residents of a residential facility with seventeen or	21031
more resident beds who are on a field trip from the facility, if	21032
all of the following are the case:	21033

(a) The field trip is sponsored by the facility for purposes	21034
of complying with federal medicaid statutes and regulations, state	21035
medicaid statutes and rules, or other federal or state statutes,	21036
regulations, or rules that require the facility to provide	21037
habilitation, community integration, or normalization services to	21038
its residents.	21039

(b) Not more than five field trip participants are residents	21040
who have health needs requiring the administration of prescribed	21041
medications, excluding participants who self-administer prescribed	21042
medications or receive assistance with self-administration of	21043
prescribed medications.	21044

(c) The facility staffs the field trip with MR/DD personnel	21045
in such a manner that one person will administer prescribed	21046
medications, perform health-related activities, or perform tube	21047
feedings for not more than two participants if one or both of	21048
those participants have health needs requiring the person to	21049
administer prescribed medications through a gastrostomy or	21050
jejunostomy tube.	21051

(d) According to the instructions of a health care	21052
professional acting within the scope of the professional's	21053
practice, the health needs of the participants who require	21054
administration of prescribed medications by MR/DD personnel are	21055
such that the participants must receive the medications during the	21056
field trip to avoid jeopardizing their health and safety.	21057

(B)(1) In the case of recipients of early intervention,	21058
preschool, and school-age services, as specified in division	21059
(A)(1) of this section, all of the following apply:	21060

(a) With nursing delegation, MR/DD personnel may perform	21061
health-related activities.	21062

(b) With nursing delegation, MR/DD personnel may administer	21063
oral and topical prescribed medications.	21064

(c) With nursing delegation, MR/DD personnel may administer	21065
prescribed medications through gastrostomy and jejunostomy tubes,	21066
if the tubes being used are stable and labeled.	21067

(d) With nursing delegation, MR/DD personnel may perform	21068
routine tube feedings, if the gastrostomy and jejunostomy tubes	21069
being used are stable and labeled.	21070

(2) In the case of recipients of adult services, as specified	21071
in division (A)(2) of this section, all of the following apply:	21072

(a) With nursing delegation, MR/DD personnel may perform	21073
health-related activities.	21074

(b) With nursing delegation, MR/DD personnel may administer	21075
oral and topical prescribed medications.	21076

(c) With nursing delegation, MR/DD personnel may administer	21077
prescribed medications through gastrostomy and jejunostomy tubes,	21078
if the tubes being used are stable and labeled.	21079

(d) With nursing delegation, MR/DD personnel may perform	21080
routine tube feedings, if the gastrostomy and jejunostomy tubes	21081
being used are stable and labeled.	21082

(3) In the case of recipients of family support services, as	21083
specified in division (A)(3) of this section, all of the following	21084
apply:	21085

(a) Without nursing delegation, MR/DD personnel may perform	21086
health-related activities.	21087

(b) Without nursing delegation, MR/DD personnel may	21088
administer oral and topical prescribed medications.	21089

(c) With nursing delegation, MR/DD personnel may administer	21090
prescribed medications through gastrostomy and jejunostomy tubes,	21091
if the tubes being used are stable and labeled.	21092

(d) With nursing delegation, MR/DD personnel may perform	21093
routine tube feedings, if the gastrostomy and jejunostomy tubes	21094
being used are stable and labeled.	21095

(e) With nursing delegation, MR/DD personnel may administer	21096
routine doses of insulin through subcutaneous injections and	21097
insulin pumps.	21098

(4) In the case of recipients of services from certified	21099
supported living providers, as specified in division (A)(4) of	21100
this section, all of the following apply:	21101

(a) Without nursing delegation, MR/DD personnel may perform	21102
health-related activities.	21103

(b) Without nursing delegation, MR/DD personnel may	21104
administer oral and topical prescribed medications.	21105

(c) With nursing delegation, MR/DD personnel may administer	21106
prescribed medications through gastrostomy and jejunostomy tubes,	21107
if the tubes being used are stable and labeled.	21108

(d) With nursing delegation, MR/DD personnel may perform	21109
routine tube feedings, if the gastrostomy and jejunostomy tubes	21110
being used are stable and labeled.	21111

(e) With nursing delegation, MR/DD personnel may administer	21112
routine doses of insulin through subcutaneous injections and	21113
insulin pumps.	21114

(5) In the case of recipients of residential support services	21115
from certified home and community-based services providers, as	21116
specified in division (A)(5) of this section, all of the following	21117
apply:	21118

(a) Without nursing delegation, MR/DD personnel may perform	21119
health-related activities.	21120

(b) Without nursing delegation, MR/DD personnel may	21121
administer oral and topical prescribed medications.	21122

(c) With nursing delegation, MR/DD personnel may administer	21123
prescribed medications through gastrostomy and jejunostomy tubes,	21124
if the tubes being used are stable and labeled.	21125

(d) With nursing delegation, MR/DD personnel may perform	21126
routine tube feedings, if the gastrostomy and jejunostomy tubes	21127
being used are stable and labeled.	21128

(e) With nursing delegation, MR/DD personnel may administer	21129
routine doses of insulin through subcutaneous injections and	21130
insulin pumps.	21131

(6) In the case of recipients of services not included in	21132
divisions (A)(1) to (5) of this section, as specified in division	21133
(A)(6) of this section, all of the following apply:	21134

(a) With nursing delegation, MR/DD personnel may perform	21135
health-related activities.	21136

(b) With nursing delegation, MR/DD personnel may administer	21137
oral and topical prescribed medications.	21138

(c) With nursing delegation, MR/DD personnel may administer	21139
prescribed medications through gastrostomy and jejunostomy tubes,	21140
if the tubes being used are stable and labeled.	21141

(d) With nursing delegation, MR/DD personnel may perform	21142
routine tube feedings, if the gastrostomy and jejunostomy tubes	21143
being used are stable and labeled.	21144

(7) In the case of residents of a residential facility with	21145
five or fewer beds, as specified in division (A)(7) of this	21146
section, all of the following apply:	21147

(a) Without nursing delegation, MR/DD personnel may perform	21148
health-related activities.	21149

(b) Without nursing delegation, MR/DD personnel may	21150
administer oral and topical prescribed medications.	21151

(c) With nursing delegation, MR/DD personnel may administer	21152
prescribed medications through gastrostomy and jejunostomy tubes,	21153
if the tubes being used are stable and labeled.	21154

(d) With nursing delegation, MR/DD personnel may perform	21155
routine tube feedings, if the gastrostomy and jejunostomy tubes	21156
being used are stable and labeled.	21157

(e) With nursing delegation, MR/DD personnel may administer	21158
routine doses of insulin through subcutaneous injections and	21159
insulin pumps.	21160

(8) In the case of residents of a residential facility with	21161
at least six but not more than sixteen resident beds, as specified	21162
in division (A)(8) of this section, all of the following apply:	21163

(a) With nursing delegation, MR/DD personnel may perform	21164
health-related activities.	21165

(b) With nursing delegation, MR/DD personnel may administer	21166
oral and topical prescribed medications.	21167

(c) With nursing delegation, MR/DD personnel may administer	21168
prescribed medications through gastrostomy and jejunostomy tubes,	21169
if the tubes being used are stable and labeled.	21170

(d) With nursing delegation, MR/DD personnel may perform	21171
routine tube feedings, if the gastrostomy and jejunostomy tubes	21172
being used are stable and labeled.	21173

(9) In the case of residents of a residential facility with	21174
seventeen or more resident beds who are on a field trip from the	21175
facility, all of the following apply during the field trip,	21176
subject to the limitations specified in division (A)(9) of this	21177
section:	21178

(a) With nursing delegation, MR/DD personnel may perform	21179
health-related activities.	21180

(b) With nursing delegation, MR/DD personnel may administer	21181
oral and topical prescribed medications.	21182

(c) With nursing delegation, MR/DD personnel may administer	21183
prescribed medications through gastrostomy and jejunostomy tubes,	21184
if the tubes being used are stable and labeled.	21185

(d) With nursing delegation, MR/DD personnel may perform	21186
routine tube feedings, if the gastrostomy and jejunostomy tubes	21187
being used are stable and labeled.	21188

(C) The authority of MR/DD personnel to administer prescribed	21189
medications, perform health-related activities, and perform tube	21190
feedings pursuant to this section is subject to all of the	21191
following:	21192

(1) To administer prescribed medications, perform	21193
health-related activities, or perform tube feedings for	21194
individuals in the categories specified under divisions (A)(1) to	21195
(8) of this section, MR/DD personnel shall obtain the certificate	21196
or certificates required by the department of ~~mental retardation~~	21197
~~and~~ developmental disabilities and issued under section 5123.45 of	21198
the Revised Code. MR/DD personnel shall administer prescribed	21199
medication, perform health-related activities, and perform tube	21200
feedings only as authorized by the certificate or certificates	21201
held.	21202

(2) To administer prescribed medications, perform	21203
health-related activities, or perform tube feedings for	21204
individuals in the category specified under division (A)(9) of	21205
this section, MR/DD personnel shall successfully complete the	21206
training course or courses developed under section 5123.43 of the	21207
Revised Code for the MR/DD personnel. MR/DD personnel shall	21208
administer prescribed medication, perform health-related	21209
activities, and perform tube feedings only as authorized by the	21210
training completed.	21211

(3) If nursing delegation is required under division (B) of	21212
this section, MR/DD personnel shall not act without nursing	21213
delegation or in a manner that is inconsistent with the	21214
delegation.	21215

(4) The employer of MR/DD personnel shall ensure that MR/DD	21216
personnel have been trained specifically with respect to each	21217
individual for whom they administer prescribed medications,	21218
perform health-related activities, or perform tube feedings. MR/DD	21219
personnel shall not administer prescribed medications, perform	21220
health-related activities, or perform tube feedings for any	21221
individual for whom they have not been specifically trained.	21222

(5) If the employer of MR/DD personnel believes that MR/DD	21223
personnel have not or will not safely administer prescribed	21224
medications, perform health-related activities, or perform tube	21225
feedings, the employer shall prohibit the action from continuing	21226
or commencing. MR/DD personnel shall not engage in the action or	21227
actions subject to an employer's prohibition.	21228

(D) In accordance with section 5123.46 of the Revised Code,	21229
the department of ~~mental retardation and~~ developmental	21230
disabilities shall adopt rules governing its implementation of	21231
this section. The rules shall include the following:	21232

(1) Requirements for documentation of the administration of	21233
prescribed medications, performance of health-related activities,	21234
and performance of tube feedings by MR/DD personnel pursuant to	21235
the authority granted under this section;	21236

(2) Procedures for reporting errors that occur in the	21237
administration of prescribed medications, performance of	21238
health-related activities, and performance of tube feedings by	21239
MR/DD personnel pursuant to the authority granted under this	21240
section;	21241

(3) Other standards and procedures the department considers	21242
necessary for implementation of this section.	21243

Sec. 5123.421. The department of ~~mental retardation and~~	21244
developmental disabilities shall accept complaints from any person	21245
or government entity regarding the administration of prescribed	21246
medications, performance of health-related activities, and	21247
performance of tube feedings by MR/DD personnel pursuant to the	21248
authority granted under section 5123.42 of the Revised Code. The	21249
department shall conduct investigations of complaints as it	21250
considers appropriate. The department shall adopt rules in	21251
accordance with section 5123.46 of the Revised Code establishing	21252
procedures for accepting complaints and conducting investigations	21253
under this section.	21254

Sec. 5123.43. (A) The department of ~~mental retardation and~~	21255
developmental disabilities shall develop courses for the training	21256
of MR/DD personnel in the administration of prescribed	21257
medications, performance of health-related activities, and	21258
performance of tube feedings pursuant to the authority granted	21259
under section 5123.42 of the Revised Code. The department may	21260
develop separate or combined training courses for the	21261
administration of prescribed medications, performance of	21262
health-related activities, and performance of tube feedings.	21263
Training in the administration of prescribed medications through	21264
gastrostomy and jejunostomy tubes may be included in a course	21265
providing training in tube feedings. Training in the	21266
administration of insulin may be developed as a separate course or	21267
included in a course providing training in the administration of	21268
other prescribed medications.	21269

(B)(1) The department shall adopt rules in accordance with	21270
section 5123.46 of the Revised Code that specify the content and	21271
length of the training courses developed under this section. The	21272
rules may include any other standards the department considers	21273
necessary for the training courses.	21274

(2) In adopting rules that specify the content of a training	21275
course or part of a training course that trains MR/DD personnel in	21276
the administration of prescribed medications, the department shall	21277
ensure that the content includes all of the following:	21278

(a) Infection control and universal precautions;

21279

(b) Correct and safe practices, procedures, and techniques	21280
for administering prescribed medication;	21281

(c) Assessment of drug reaction, including known side	21282
effects, interactions, and the proper course of action if a side	21283
effect occurs;	21284

(d) The requirements for documentation of medications	21285
administered to each individual;	21286

(e) The requirements for documentation and notification of	21287
medication errors;	21288

(f) Information regarding the proper storage and care of	21289
medications;	21290

(g) Information about proper receipt of prescriptions and	21291
transcription of prescriptions into an individual's medication	21292
administration record, except when the MR/DD personnel being	21293
trained will administer prescribed medications only to residents	21294
of a residential facility with seventeen or more resident beds who	21295
are participating in a field trip, as specified in division (A)(9)	21296
of section 5123.42 of the Revised Code;	21297

(h) Course completion standards that require successful	21298
demonstration of proficiency in administering prescribed	21299
medications;	21300

(i) Any other material or course completion standards that	21301
the department considers relevant to the administration of	21302
prescribed medications by MR/DD personnel.	21303

Sec. 5123.44. The department of ~~mental retardation and~~	21304
developmental disabilities shall develop courses that train	21305
registered nurses to provide the MR/DD personnel training courses	21306
developed under section 5123.43 of the Revised Code. The	21307
department may develop courses that train registered nurses to	21308
provide all of the courses developed under section 5123.43 of the	21309
Revised Code or any one or more of the courses developed under	21310
that section.	21311

The department shall adopt rules in accordance with section	21312
5123.46 of the Revised Code that specify the content and length of	21313
the training courses. The rules may include any other standards	21314
the department considers necessary for the training courses.	21315

Sec. 5123.45. (A) The department of ~~mental retardation and~~	21316
developmental disabilities shall establish a program under which	21317
the department issues certificates to the following:	21318

(1) MR/DD personnel, for purposes of meeting the requirement	21319
of division (C)(1) of section 5123.42 of the Revised Code to	21320
obtain a certificate or certificates to administer prescribed	21321
medications, perform health-related activities, and perform tube	21322
feedings;	21323

(2) Registered nurses, for purposes of meeting the	21324
requirement of division (B)(1) of section 5123.441 of the Revised	21325
Code to obtain a certificate or certificates to provide the MR/DD	21326
personnel training courses developed under section 5123.43 of the	21327
Revised Code.	21328

(B)(1) Except as provided in division (B)(2) of this section,	21329
to receive a certificate issued under this section, MR/DD	21330
personnel and registered nurses shall successfully complete the	21331
applicable training course or courses and meet all other	21332
applicable requirements established in rules adopted pursuant to	21333
this section. The department shall issue the appropriate	21334
certificate or certificates to MR/DD personnel and registered	21335
nurses who meet the requirements for the certificate or	21336
certificates.	21337

(2) The department shall include provisions in the program	21338
for issuing certificates to the following:	21339

(a) MR/DD personnel who, on ~~the effective date of this~~	21340
~~section~~March 31, 2003, are authorized to provide care to	21341
individuals with mental retardation and developmental disabilities	21342
pursuant to section 5123.193 or sections 5126.351 to 5126.354 of	21343
the Revised Code. A person who receives a certificate under	21344
division (B)(2)(a) of this section shall not administer insulin	21345
until the person has been trained by a registered nurse who has	21346
received a certificate under this section that allows the	21347
registered nurse to provide training courses to MR/DD personnel in	21348
the administration of insulin.	21349

(b) Registered nurses who, on ~~the effective date of this~~	21350
~~section~~March 31, 2003, are authorized to train MR/DD personnel to	21351
provide care to individuals with mental retardation and	21352
developmental disabilities pursuant to section 5123.193 or	21353
sections 5126.351 to 5126.354 of the Revised Code. A registered	21354
nurse who receives a certificate under division (B)(2)(b) of this	21355
section shall not provide training courses to MR/DD personnel in	21356
the administration of insulin unless the registered nurse	21357
completes a course developed under section 5123.44 of the Revised	21358
Code that enables the registered nurse to receive a certificate to	21359
provide training courses to MR/DD personnel in the administration	21360
of insulin.	21361

(C) Certificates issued to MR/DD personnel are valid for one	21362
year and may be renewed. Certificates issued to registered nurses	21363
are valid for two years and may be renewed.	21364

To be eligible for renewal, MR/DD personnel and registered	21365
nurses shall meet the applicable continued competency requirements	21366
and continuing education requirements specified in rules adopted	21367
under division (D) of this section. In the case of registered	21368
nurses, continuing nursing education completed in compliance with	21369
the license renewal requirements established under Chapter 4723.	21370
of the Revised Code may be counted toward meeting the continuing	21371
education requirements established in the rules adopted under	21372
division (D) of this section.	21373

(D) In accordance with section 5123.46 of the Revised Code,	21374
the department shall adopt rules that establish all of the	21375
following:	21376

(1) Requirements that MR/DD personnel and registered nurses	21377
must meet to be eligible to take a training course;	21378

(2) Standards that must be met to receive a certificate,	21379
including requirements pertaining to an applicant's criminal	21380
background;	21381

(3) Procedures to be followed in applying for a certificate	21382
and issuing a certificate;	21383

(4) Standards and procedures for renewing a certificate,	21384
including requirements for continuing education and, in the case	21385
of MR/DD personnel who administer prescribed medications,	21386
standards that require successful demonstration of proficiency in	21387
administering prescribed medications;	21388

(5) Standards and procedures for suspending or revoking a	21389
certificate;	21390

(6) Standards and procedures for suspending a certificate	21391
without a hearing pending the outcome of an investigation;	21392

(7) Any other standards or procedures the department	21393
considers necessary to administer the certification program.	21394

Sec. 5123.451. The department of ~~mental retardation and~~	21395
developmental disabilities shall establish and maintain a registry	21396
that lists all MR/DD personnel and registered nurses holding valid	21397
certificates issued under section 5123.45 of the Revised Code. The	21398
registry shall specify the type of certificate held and any	21399
limitations that apply to a certificate holder. The department	21400
shall make the information in the registry available to the public	21401
in computerized form or any other manner that provides continuous	21402
access to the information in the registry.	21403

Sec. 5123.47. (A) As used in this section:

21404

(1) "In-home care" means the supportive services provided	21405
within the home of an individual with mental retardation or a	21406
developmental disability who receives funding for the services	21407
through a county board of ~~mental retardation and~~ developmental	21408
disabilities, including any recipient of residential services	21409
funded as home and community-based services, family support	21410
services provided under section 5126.11 of the Revised Code, or	21411
supported living provided in accordance with sections 5126.41 to	21412
5126.47 of the Revised Code. "In-home care" includes care that is	21413
provided outside an individual's home in places incidental to the	21414
home, and while traveling to places incidental to the home, except	21415
that "in-home care" does not include care provided in the	21416
facilities of a county board of ~~mental retardation and~~	21417
developmental disabilities or care provided in schools.	21418

(2) "Parent" means either parent of a child, including an	21419
adoptive parent but not a foster parent.	21420

(3) "Unlicensed in-home care worker" means an individual who	21421
provides in-home care but is not a health care professional.	21422

(4) "Family member" means a parent, sibling, spouse, son,	21423
daughter, grandparent, aunt, uncle, cousin, or guardian of the	21424
individual with mental retardation or a developmental disability	21425
if the individual with mental retardation or developmental	21426
disabilities lives with the person and is dependent on the person	21427
to the extent that, if the supports were withdrawn, another living	21428
arrangement would have to be found.	21429

(5) "Health care professional" means any of the following:

21430

(a) A dentist who holds a valid license issued under Chapter	21431
4715. of the Revised Code;	21432

(b) A registered or licensed practical nurse who holds a	21433
valid license issued under Chapter 4723. of the Revised Code;	21434

(c) An optometrist who holds a valid license issued under	21435
Chapter 4725. of the Revised Code;	21436

(d) A pharmacist who holds a valid license issued under	21437
Chapter 4729. of the Revised Code;	21438

(e) A person who holds a valid certificate issued under	21439
Chapter 4731. of the Revised Code to practice medicine and	21440
surgery, osteopathic medicine and surgery, podiatric medicine and	21441
surgery, or a limited brand of medicine;	21442

(f) A physician assistant who holds a valid certificate	21443
issued under Chapter 4730. of the Revised Code;	21444

(g) An occupational therapist or occupational therapy	21445
assistant or a physical therapist or physical therapist assistant	21446
who holds a valid license issued under Chapter 4755. of the	21447
Revised Code;	21448

(h) A respiratory care professional who holds a valid license	21449
issued under Chapter 4761. of the Revised Code.	21450

(6) "Health care task" means a task that is prescribed,	21451
ordered, delegated, or otherwise directed by a health care	21452
professional acting within the scope of the professional's	21453
practice.	21454

(B) Except as provided in division (E) of this section, a	21455
family member of an individual with mental retardation or a	21456
developmental disability may authorize an unlicensed in-home care	21457
worker to administer oral and topical prescribed medications or	21458
perform other health care tasks as part of the in-home care the	21459
worker provides to the individual, if all of the following apply:	21460

(1) The family member is the primary supervisor of the care.

21461

(2) The unlicensed in-home care worker has been selected by	21462
the family member or the individual receiving care and is under	21463
the direct supervision of the family member.	21464

(3) The unlicensed in-home care worker is providing the care	21465
through an employment or other arrangement entered into directly	21466
with the family member and is not otherwise employed by or under	21467
contract with a person or government entity to provide services to	21468
individuals with mental retardation and developmental	21469
disabilities.	21470

(C) A family member shall obtain a prescription, if	21471
applicable, and written instructions from a health care	21472
professional for the care to be provided to the individual. The	21473
family member shall authorize the unlicensed in-home care worker	21474
to provide the care by preparing a written document granting the	21475
authority. The family member shall provide the unlicensed in-home	21476
care worker with appropriate training and written instructions in	21477
accordance with the instructions obtained from the health care	21478
professional.	21479

(D) A family member who authorizes an unlicensed in-home care	21480
worker to administer oral and topical prescribed medications or	21481
perform other health care tasks retains full responsibility for	21482
the health and safety of the individual receiving the care and for	21483
ensuring that the worker provides the care appropriately and	21484
safely. No entity that funds or monitors the provision of in-home	21485
care may be held liable for the results of the care provided under	21486
this section by an unlicensed in-home care worker, including such	21487
entities as the county board of ~~mental retardation and~~	21488
developmental disabilities and the department of ~~mental~~	21489
~~retardation and~~ developmental disabilities.	21490

An unlicensed in-home care worker who is authorized under	21491
this section by a family member to provide care to an individual	21492
may not be held liable for any injury caused in providing the	21493
care, unless the worker provides the care in a manner that is not	21494
in accordance with the training and instructions received or the	21495
worker acts in a manner that constitutes wanton or reckless	21496
misconduct.	21497

(E) A county board of ~~mental retardation and~~ developmental	21498
disabilities may evaluate the authority granted by a family member	21499
under this section to an unlicensed in-home care worker at any	21500
time it considers necessary and shall evaluate the authority on	21501
receipt of a complaint. If the board determines that a family	21502
member has acted in a manner that is inappropriate for the health	21503
and safety of the individual receiving the care, the authorization	21504
granted by the family member to an unlicensed in-home care worker	21505
is void, and the family member may not authorize other unlicensed	21506
in-home care workers to provide the care. In making such a	21507
determination, the board shall use appropriately licensed health	21508
care professionals and shall provide the family member an	21509
opportunity to file a complaint under section 5126.06 of the	21510
Revised Code.	21511

Sec. 5123.50. As used in this section and sections 5123.51,	21512
5123.52, and 5123.541 of the Revised Code:	21513

(A) "Abuse" means all of the following:

21514

(1) The use of physical force that can reasonably be expected	21515
to result in physical harm or serious physical harm;	21516

(2) Sexual abuse;

21517

(3) Verbal abuse.

21518

(B) "Misappropriation" means depriving, defrauding, or	21519
otherwise obtaining the real or personal property of an individual	21520
by any means prohibited by the Revised Code, including violations	21521
of Chapter 2911. or 2913. of the Revised Code.	21522

21523

(1) An employee of the department of ~~mental retardation and~~	21524
developmental disabilities;	21525

(2) An employee of a county board of ~~mental retardation and~~	21526
developmental disabilities;	21527

(3) An employee in a position that includes providing	21528
specialized services to an individual with mental retardation or	21529
another developmental disability.	21530

(D) "Neglect" means, when there is a duty to do so, failing	21531
to provide an individual with any treatment, care, goods, or	21532
services that are necessary to maintain the health and safety of	21533
the individual.	21534

(E) "Physical harm" and "serious physical harm" have the same	21535
meanings as in section 2901.01 of the Revised Code.	21536

(F) "Sexual abuse" means unlawful sexual conduct or sexual	21537
contact.	21538

(G) "Specialized services" means any program or service	21539
designed and operated to serve primarily individuals with mental	21540
retardation or a developmental disability, including a program or	21541
service provided by an entity licensed or certified by the	21542
department of ~~mental retardation and~~ developmental disabilities. A	21543
program or service available to the general public is not a	21544
specialized service.	21545

(H) "Verbal abuse" means purposely using words to threaten,	21546
coerce, intimidate, harass, or humiliate an individual.	21547

(I) "Sexual conduct," "sexual contact," and "spouse" have the	21548
same meanings as in section 2907.01 of the Revised Code.	21549

Sec. 5123.51. (A) In addition to any other action required	21550
by sections 5123.61 and 5126.31 of the Revised Code, the	21551
department of ~~mental retardation and~~ developmental disabilities	21552
shall review each report the department receives of abuse or	21553
neglect of an individual with mental retardation or a	21554
developmental disability or misappropriation of an individual's	21555
property that includes an allegation that an MR/DD employee	21556
committed or was responsible for the abuse, neglect, or	21557
misappropriation. The department shall review a report it receives	21558
from a public children services agency only after the agency	21559
completes its investigation pursuant to section 2151.421 of the	21560
Revised Code. On receipt of a notice under section 2930.061 or	21561
5123.541 of the Revised Code, the department shall review the	21562
notice.	21563

(B) The department shall do both of the following:

21564

(1) Investigate the allegation or adopt the findings of an	21565
investigation or review of the allegation conducted by another	21566
person or government entity and determine whether there is a	21567
reasonable basis for the allegation;	21568

(2) If the department determines that there is a reasonable	21569
basis for the allegation, conduct an adjudication pursuant to	21570
Chapter 119. of the Revised Code.	21571

(C)(1) The department shall appoint an independent hearing	21572
officer to conduct any hearing conducted pursuant to division	21573
(B)(2) of this section, except that, if the hearing is regarding	21574
an employee of the department who is represented by a union, the	21575
department and a representative of the union shall jointly select	21576
the hearing officer.	21577

(2)(a) Except as provided in division (C)(2)(b) of this	21578
section, no hearing shall be conducted under division (B)(2) of	21579
this section until any criminal proceeding or collective	21580
bargaining arbitration concerning the same allegation has	21581
concluded.	21582

(b) The department may conduct a hearing pursuant to division	21583
(B)(2) of this section before a criminal proceeding concerning the	21584
same allegation is concluded if both of the following are the	21585
case:	21586

(i) The department notifies the prosecutor responsible for	21587
the criminal proceeding that the department proposes to conduct a	21588
hearing.	21589

(ii) The prosecutor consents to the hearing.

21590

(3) In conducting a hearing pursuant to division (B)(2) of	21591
this section, the hearing officer shall do all of the following:	21592

(a) Determine whether there is clear and convincing evidence	21593
that the MR/DD employee has done any of the following:	21594

(i) Misappropriated property of one or more individuals with	21595
mental retardation or a developmental disability that has a value,	21596
either separately or taken together, of one hundred dollars or	21597
more;	21598

(ii) Misappropriated property of an individual with mental	21599
retardation or a developmental disability that is designed to be	21600
used as a check, draft, negotiable instrument, credit card, charge	21601
card, or device for initiating an electronic fund transfer at a	21602
point of sale terminal, automated teller machine, or cash	21603
dispensing machine;	21604

(iii) Knowingly abused such an individual;

21605

(iv) Recklessly abused or neglected such an individual, with	21606
resulting physical harm;	21607

(v) Negligently abused or neglected such an individual, with	21608
resulting serious physical harm;	21609

(vi) Recklessly neglected such an individual, creating a	21610
substantial risk of serious physical harm;	21611

(vii) Engaged in sexual conduct or had sexual contact with an	21612
individual with mental retardation or another developmental	21613
disability who was not the MR/DD employee's spouse and for whom	21614
the MR/DD employee was employed or under a contract to provide	21615
care;	21616

(viii) Unreasonably failed to make a report pursuant to	21617
division (C) of section 5123.61 of the Revised Code when the	21618
employee knew or should have known that the failure would result	21619
in a substantial risk of harm to an individual with mental	21620
retardation or a developmental disability.	21621

(b) Give weight to the decision in any collective bargaining	21622
arbitration regarding the same allegation;	21623

(c) Give weight to any relevant facts presented at the	21624
hearing.	21625

(D)(1) Unless the director of ~~mental retardation and~~	21626
developmental disabilities determines that there are extenuating	21627
circumstances and except as provided in division (E) of this	21628
section, if the director, after considering all of the factors	21629
listed in division (C)(3) of this section, finds that there is	21630
clear and convincing evidence that an MR/DD employee has done one	21631
or more of the things described in division (C)(3)(a) of this	21632
section the director shall include the name of the employee in the	21633
registry established under section 5123.52 of the Revised Code.	21634

(2) Extenuating circumstances the director must consider	21635
include the use of physical force by an MR/DD employee that was	21636
necessary as self-defense.	21637

(3) If the director includes an MR/DD employee in the	21638
registry established under section 5123.52 of the Revised Code,	21639
the director shall notify the employee, the person or government	21640
entity that employs or contracts with the employee, the individual	21641
with mental retardation or a developmental disability who was the	21642
subject of the report and that individual's legal guardian, if	21643
any, the attorney general, and the prosecuting attorney or other	21644
law enforcement agency. If the MR/DD employee holds a license,	21645
certificate, registration, or other authorization to engage in a	21646
profession issued pursuant to Title XLVII of the Revised Code, the	21647
director shall notify the appropriate agency, board, department,	21648
or other entity responsible for regulating the employee's	21649
professional practice.	21650

(4) If an individual whose name appears on the registry is	21651
involved in a court proceeding or arbitration arising from the	21652
same facts as the allegation resulting in the individual's	21653
placement on the registry, the disposition of the proceeding or	21654
arbitration shall be noted in the registry next to the	21655
individual's name.	21656

(E) In the case of an allegation concerning an employee of	21657
the department, after the hearing conducted pursuant to division	21658
(B)(2) of this section, the director of health or that director's	21659
designee shall review the decision of the hearing officer to	21660
determine whether the standard described in division (C)(3) of	21661
this section has been met. If the director or designee determines	21662
that the standard has been met and that no extenuating	21663
circumstances exist, the director or designee shall notify the	21664
director of ~~mental retardation and~~ developmental disabilities that	21665
the MR/DD employee is to be included in the registry established	21666
under section 5123.52 of the Revised Code. If the director of	21667
~~mental retardation and~~ developmental disabilities receives such	21668
notification, the director shall include the MR/DD employee in the	21669
registry and shall provide the notification described in division	21670
(D)(3) of this section.	21671

(F) If the department is required by Chapter 119. of the	21672
Revised Code to give notice of an opportunity for a hearing and	21673
the MR/DD employee subject to the notice does not timely request a	21674
hearing in accordance with section 119.07 or 5123.0414 of the	21675
Revised Code, the department is not required to hold a hearing.	21676

(G) Files and records of investigations conducted pursuant to	21677
this section are not public records as defined in section 149.43	21678
of the Revised Code, but, on request, the department shall provide	21679
copies of those files and records to the attorney general, a	21680
prosecuting attorney, or a law enforcement agency.	21681

Sec. 5123.52. (A) The department of ~~mental retardation and~~	21682
developmental disabilities shall establish a registry of MR/DD	21683
employees consisting of the names of MR/DD employees included in	21684
the registry pursuant to section 5123.51 of the Revised Code.	21685

(B) Before a person or government entity hires, contracts	21686
with, or employs an individual as an MR/DD employee, the person or	21687
government entity shall inquire whether the individual is included	21688
in the registry.	21689

(C) When it receives an inquiry regarding whether an	21690
individual is included in the registry, the department shall	21691
inform the person making the inquiry whether the individual is	21692
included in the registry.	21693

(D)(1) Except as otherwise provided in a collective	21694
bargaining agreement entered into under Chapter 4117. of the	21695
Revised Code that is in effect on ~~the effective date of this~~	21696
~~section~~November22, 2000, no person or government entity shall	21697
hire, contract with, or employ as an MR/DD employee an individual	21698
who is included in the registry. Notwithstanding sections 4117.08	21699
and 4117.10 of the Revised Code, no agreement entered into under	21700
Chapter 4117. of the Revised Code after ~~the effective date of this~~	21701
~~section~~November22, 2000, may contain any provision that in any	21702
way limits the effect or operation of this section.	21703

(2) Neither the department nor any county board of ~~mental~~	21704
~~retardation and~~ developmental disabilities may enter into a new	21705
contract or renew a contract with a person or government entity	21706
that fails to comply with division (D)(1) of this section until	21707
the department or board is satisfied that the person or government	21708
entity will comply.	21709

(3) A person or government entity that fails to hire or	21710
retain as an MR/DD employee a person because the person is	21711
included in the registry shall not be liable in damages in a civil	21712
action brought by the employee or applicant for employment.	21713
Termination of employment pursuant to division (D)(1) of this	21714
section constitutes a discharge for just cause for the purposes of	21715
section 4141.29 of the Revised Code.	21716

(E) Information contained in the registry is a public record	21717
for the purposes of section 149.43 of the Revised Code and is	21718
subject to inspection and copying under section 1347.08 of the	21719
Revised Code.	21720

Sec. 5123.53. An individual who is included in the registry	21721
may petition the director of ~~mental retardation and~~ developmental	21722
disabilities for removal from the registry. If the director	21723
determines that good cause exists, the director shall remove the	21724
individual from the registry and may properly reply to an inquiry	21725
that the individual is not included in the registry. Good cause	21726
includes meeting rehabilitation standards established in rules	21727
adopted under section 5123.54 of the Revised Code.	21728

Sec. 5123.54. The director of ~~mental retardation and~~	21729
developmental disabilities shall adopt rules under Chapter 119. of	21730
the Revised Code to implement sections 5123.51, 5123.52, and	21731
5123.53 of the Revised Code. The rules shall establish	21732
rehabilitation standards for the purposes of section 5123.53 of	21733
the Revised Code and specify circumstances, other than meeting the	21734
standards, that constitute good cause for the purposes of that	21735
section.	21736

Sec. 5123.541. (A) No MR/DD employee shall engage in any	21737
sexual conduct or have any sexual contact with an individual with	21738
mental retardation or another developmental disability for whom	21739
the MR/DD employee is employed or under a contract to provide care	21740
unless the individual is the MR/DD employee's spouse.	21741

(B) Any MR/DD employee who violates division (A) of this	21742
section shall be eligible to be included in the registry regarding	21743
misappropriation, abuse, neglect, or other specified misconduct by	21744
MR/DD employees established under section 5123.52 of the Revised	21745
Code, in addition to any other sanction or penalty authorized or	21746
required by law.	21747

(C)(1) Any person listed in division (C)(2) of section	21748
5123.61 of the Revised Code who has reason to believe that an	21749
MR/DD employee has violated division (A) of this section shall	21750
immediately report that belief to the department of ~~mental~~	21751
~~retardation and~~ developmental disabilities.	21752

(2) Any person who has reason to believe that an MR/DD	21753
employee has violated division (A) of this section may report that	21754
belief to the department of ~~mental retardation and~~ developmental	21755
disabilities.	21756

Sec. 5123.542. (A) Each of the following shall annually	21757
provide a written notice to each of its MR/DD employees explaining	21758
the conduct for which an MR/DD employee may be included in the	21759
registry established under section 5123.52 of the Revised Code:	21760

(1) The department of ~~mental retardation and~~ developmental	21761
disabilities;	21762

(2) Each county board of ~~mental retardation and~~ developmental	21763
disabilities;	21764

(3) Each contracting entity, as defined in section 5126.281	21765
of the Revised Code;	21766

(4) Each owner, operator, or administrator of a residential	21767
facility, as defined in section 5123.19 of the Revised Code;	21768

(5) Each owner, operator, or administrator of a program	21769
certified by the department to provide supported living.	21770

(B) The notice described in division (A) of this section	21771
shall be in a form and provided in a manner prescribed by the	21772
department of ~~mental retardation and~~ developmental disabilities.	21773
The form shall be the same for all persons and entities required	21774
to provide notice under division (A) of this section.	21775

(C) The fact that an MR/DD employee does not receive the	21776
notice required by this section does not exempt the employee from	21777
inclusion in the registry established under section 5123.52 of the	21778
Revised Code.	21779

Sec. 5123.55. As used in sections 5123.55 to 5123.59 of the	21780
Revised Code:	21781

(A) "Guardian" means a guardian of the person, limited	21782
guardian, interim guardian, or emergency guardian pursuant to	21783
appointment by the probate court under Chapter 2111. of the	21784
Revised Code.	21785

(B) "Trustee" means a trustee appointed by and accountable to	21786
the probate court, in lieu of a guardian and without a judicial	21787
determination of incompetency, with respect to an estate of ten	21788
thousand dollars or less.	21789

(C) "Protector" means an agency under contract with the	21790
department of ~~mental retardation and~~ developmental disabilities	21791
acting with or without court appointment to provide guidance,	21792
service, and encouragement in the development of maximum	21793
self-reliance to a person with mental retardation or a	21794
developmental disability, independent of any determination of	21795
incompetency.	21796

(D) "Protective service" means performance of the duties of a	21797
guardian, trustee, or conservator, or acting as a protector, with	21798
respect to a person with mental retardation or a developmental	21799
disability.	21800

(E) "Conservator" means a conservator of the person pursuant	21801
to an appointment by a probate court under Chapter 2111. of the	21802
Revised Code.	21803

Sec. 5123.56. The department of ~~mental retardation and~~	21804
developmental disabilities shall develop a statewide system of	21805
protective service in accordance with rules and standards	21806
established by the department. With respect to this program, the	21807
department may enter into a contract with any responsible public	21808
or private agency for provision of protective service by the	21809
agency, and the contract may permit the agency to charge the	21810
person receiving services fees for services provided.	21811

No costs or fees shall be charged by a probate court for the	21812
filing of a petition for guardianship, trusteeship, protectorship,	21813
or conservatorship under sections 5123.55 to 5123.59 of the	21814
Revised Code, or for any service performed by a probate court, or	21815
by any state agency in the course of petitioning for protective	21816
services, or for any protective services provided under those	21817
sections.	21818

An agency that provides protective services pursuant to a	21819
contract with another agency or a court may charge the agency or	21820
court fees for the services provided.	21821

Sec. 5123.57. No guardianship or trusteeship appointment	21822
shall be made under sections 5123.55 to 5123.59 of the Revised	21823
Code and no person shall be accepted for service by a protector	21824
under those sections unless a comprehensive evaluation has been	21825
made in a clinic or other facility approved by the department of	21826
~~mental retardation and~~ developmental disabilities. The evaluation	21827
shall include a medical, psychological, social, and educational	21828
evaluation, and a copy of the evaluation shall be filed with the	21829
department.	21830

Any agency that is appointed as a guardian, trustee, or	21831
conservator under sections 5123.55 to 5123.59 of the Revised Code	21832
or accepted as a protector under those sections shall provide for	21833
a review at least once each year in writing of the physical,	21834
mental, and social condition of each mentally retarded or	21835
developmentally disabled person for whom it is acting as guardian,	21836
trustee, or protector. An agency providing protective services	21837
under contract with the department shall file these reports with	21838
the department of ~~mental retardation and~~ developmental	21839
disabilities. Any record of the department or agency pertaining to	21840
a mentally retarded or developmentally disabled person shall not	21841
be a public record under section 149.43 of the Revised Code.	21842
Information contained in those records shall not be disclosed	21843
publicly in such a manner as to identify individuals, but may be	21844
made available to persons approved by the director of ~~mental~~	21845
~~retardation and~~ developmental disabilities or the court.	21846

Sec. 5123.58. An agency providing protective services under	21847
contract with the department of ~~mental retardation and~~	21848
developmental disabilities may be nominated under any of the	21849
following conditions as guardian, trustee, protector, conservator,	21850
or as trustee and protector of a mentally retarded or	21851
developmentally disabled person:	21852

(A) The person who needs or believes hethe person needs	21853
protective service may make application in writing.	21854

(B) Any interested person may make application in writing on	21855
behalf of a mentally retarded or developmentally disabled person.	21856

(C) A parent may name the department or agency as guardian or	21857
successor guardian in a will.	21858

(D) A parent may name the department or agency as guardian,	21859
trustee, or protector, to assume such duties during the parent's	21860
lifetime.	21861

If the results of the comprehensive evaluation required under	21862
section 5123.57 of the Revised Code indicate that the person named	21863
in the nomination is in need of protective services, the agency or	21864
service either shall reject or accept the nomination as guardian,	21865
trustee, or conservator, subject to appointment by the probate	21866
court, or reject or accept the nomination as protector, or trustee	21867
and protector.	21868

At the time the nomination is accepted or when an appointment	21869
is made by the court, the mentally retarded or developmentally	21870
disabled person and any person who made application for service on	21871
~~his~~the mentally retarded or developmentally disabled person's	21872
behalf under this section shall be informed by the agency,	21873
service, or court of the procedure for terminating the appointment	21874
or service. The agency or service shall cease to provide	21875
protective service as a protector pursuant to nomination under	21876
division (A), (B), or (D) of this section when a written request	21877
for termination is received by the agency from or on behalf of the	21878
mentally retarded or developmentally disabled person. If the	21879
agency or service believes the person to be in need of protective	21880
service, the agency or service may file an application for	21881
guardianship, trusteeship, or protectorship with the probate	21882
court. Termination of any court appointment as guardian, trustee,	21883
or protector shall be by order of the probate court.	21884

Sec. 5123.59. Before entering upon the duties of trustee, an	21885
agency under contract with the department of ~~mental retardation~~	21886
~~and~~ developmental disabilities may require any of its employees	21887
having custody or control of funds or property to give bond to the	21888
probate court with sufficient surety, conditioned upon the full	21889
and faithful accounting of all trust funds which hethe employee	21890
holds. The amount of the bond shall be determined by the court and	21891
may be modified by the court.	21892

Sec. 5123.60. (A) A legal rights service is hereby created	21893
and established to protect and advocate the rights of mentally ill	21894
persons, mentally retarded persons, developmentally disabled	21895
persons, and other disabled persons who may be represented by the	21896
service pursuant to division (L) of this section; to receive and	21897
act upon complaints concerning institutional and hospital	21898
practices and conditions of institutions for mentally retarded or	21899
developmentally disabled persons and hospitals for the mentally	21900
ill; and to assure that all persons detained, hospitalized,	21901
discharged, or institutionalized, and all persons whose detention,	21902
hospitalization, discharge, or institutionalization is sought or	21903
has been sought under this chapter or Chapter 5122. of the Revised	21904
Code are fully informed of their rights and adequately represented	21905
by counsel in proceedings under this chapter or Chapter 5122. of	21906
the Revised Code and in any proceedings to secure the rights of	21907
those persons. Notwithstanding the definitions of "mentally	21908
retarded person" and "developmentally disabled person" in section	21909
5123.01 of the Revised Code, the legal rights service shall	21910
determine who is a mentally retarded or developmentally disabled	21911
person for purposes of this section and sections 5123.601 to	21912
5123.604 of the Revised Code.	21913

(B)(1) In regard to those persons detained, hospitalized, or	21914
institutionalized under Chapter 5122. of the Revised Code, the	21915
legal rights service shall undertake formal representation only of	21916
those persons who are involuntarily detained, hospitalized, or	21917
institutionalized pursuant to sections 5122.10 to 5122.15 of the	21918
Revised Code, and those voluntarily detained, hospitalized, or	21919
institutionalized who are minors, who have been adjudicated	21920
incompetent, who have been detained, hospitalized, or	21921
institutionalized in a public hospital, or who have requested	21922
representation by the legal rights service.	21923

(2) If a person referred to in division (A) of this section	21924
voluntarily requests in writing that the legal rights service	21925
terminate participation in the person's case, such involvement	21926
shall cease.	21927

(3) Persons described in divisions (A) and (B)(1) of this	21928
section who are represented by the legal rights service are	21929
clients of the legal rights service.	21930

(C) Any person voluntarily hospitalized or institutionalized	21931
in a public hospital under division (A) of section 5122.02 of the	21932
Revised Code, after being fully informed of the person's rights	21933
under division (A) of this section, may, by written request, waive	21934
assistance by the legal rights service if the waiver is knowingly	21935
and intelligently made, without duress or coercion.	21936

The waiver may be rescinded at any time by the voluntary	21937
patient or resident, or by the voluntary patient's or resident's	21938
legal guardian.	21939

(D)(1) The legal rights service commission is hereby created	21940
for the purposes of appointing an administrator of the legal	21941
rights service, advising the administrator, assisting the	21942
administrator in developing a budget, advising the administrator	21943
in establishing and annually reviewing a strategic plan, creating	21944
a procedure for filing and determination of grievances against the	21945
legal rights service, and establishing general policy guidelines,	21946
including guidelines for the commencement of litigation, for the	21947
legal rights service. The commission may adopt rules to carry	21948
these purposes into effect and may receive and act upon appeals of	21949
personnel decisions by the administrator.	21950

(2) The commission shall consist of seven members. One	21951
member, who shall serve as chairperson, shall be appointed by the	21952
chief justice of the supreme court, three members shall be	21953
appointed by the speaker of the house of representatives, and	21954
three members shall be appointed by the president of the senate.	21955
At least two members shall have experience in the field of	21956
developmental disabilities, and at least two members shall have	21957
experience in the field of mental health. No member shall be a	21958
provider or related to a provider of services to mentally	21959
retarded, developmentally disabled, or mentally ill persons.	21960

(3) Terms of office of the members of the commission shall be	21961
for three years, each term ending on the same day of the month of	21962
the year as did the term which it succeeds. Each member shall	21963
serve subsequent to the expiration of the member's term until a	21964
successor is appointed and qualifies, or until sixty days has	21965
elapsed, whichever occurs first. No member shall serve more than	21966
two consecutive terms.	21967

All vacancies in the membership of the commission shall be	21968
filled in the manner prescribed for regular appointments to the	21969
commission and shall be limited to the unexpired terms.	21970

(4) The commission shall meet at least four times each year.	21971
Members shall be reimbursed for their necessary and actual	21972
expenses incurred in the performance of their official duties.	21973

(5) The administrator of the legal rights service shall serve	21974
at the pleasure of the commission.	21975

The administrator shall be an attorney admitted to practice	21976
law in this state. The salary of the administrator shall be	21977
established in accordance with section 124.14 of the Revised Code.	21978

(E) The legal rights service shall be completely independent	21979
of the department of mental health and the department of ~~mental~~	21980
~~retardation and~~ developmental disabilities and, notwithstanding	21981
section 109.02 of the Revised Code, shall also be independent of	21982
the office of the attorney general. The administrator of the legal	21983
rights service, staff, and attorneys designated by the	21984
administrator to represent persons detained, hospitalized, or	21985
institutionalized under this chapter or Chapter 5122. of the	21986
Revised Code shall have ready access to the following:	21987

(1) During normal business hours and at other reasonable	21988
times, all records, except records of community residential	21989
facilities and records of contract agencies of county boards of	21990
~~mental retardation and~~ developmental disabilities and boards of	21991
alcohol, drug addiction and mental health services, relating to	21992
expenditures of state and federal funds or to the commitment,	21993
care, treatment, and habilitation of all persons represented by	21994
the legal rights service, including those who may be represented	21995
pursuant to division (L) of this section, or persons detained,	21996
hospitalized, institutionalized, or receiving services under this	21997
chapter or Chapter 340., 5119., 5122., or 5126. of the Revised	21998
Code that are records maintained by the following entities	21999
providing services for those persons: departments; institutions;	22000
hospitals; boards of alcohol, drug addiction, and mental health	22001
services; county boards of ~~mental retardation and~~ developmental	22002
disabilities; and any other entity providing services to persons	22003
who may be represented by the service pursuant to division (L) of	22004
this section;	22005

(2) Any records maintained in computerized data banks of the	22006
departments or boards or, in the case of persons who may be	22007
represented by the service pursuant to division (L) of this	22008
section, any other entity that provides services to those persons;	22009

(3) During their normal working hours, personnel of the	22010
departments, facilities, boards, agencies, institutions,	22011
hospitals, and other service-providing entities;	22012

(4) At any time, all persons detained, hospitalized, or	22013
institutionalized; persons receiving services under this chapter	22014
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and	22015
persons who may be represented by the service pursuant to division	22016
(L) of this section.	22017

(5) Records of a community residential facility, a contract	22018
agency of a board of alcohol, drug addiction, and mental health	22019
services, or a contract agency of a county board of ~~mental~~	22020
~~retardation and~~ developmental disabilities with one of the	22021
following consents:	22022

(a) The consent of the person, including when the person is a	22023
minor or has been adjudicated incompetent;	22024

(b) The consent of the person's guardian of the person, if	22025
any, or the parent if the person is a minor;	22026

(c) No consent, if the person is unable to consent for any	22027
reason, and the guardian of the person, if any, or the parent of	22028
the minor, has refused to consent or has not responded to a	22029
request for consent and either of the following has occurred:	22030

(i) A complaint regarding the person has been received by the	22031
legal rights service;	22032

(ii) The legal rights service has determined that there is	22033
probable cause to believe that such person has been subjected to	22034
abuse or neglect.	22035

(F) The administrator of the legal rights service shall do	22036
the following:	22037

(1) Administer and organize the work of the legal rights	22038
service and establish administrative or geographic divisions as	22039
the administrator considers necessary, proper, and expedient;	22040

(2) Adopt and promulgate rules that are not in conflict with	22041
rules adopted by the commission and prescribe duties for the	22042
efficient conduct of the business and general administration of	22043
the legal rights service;	22044

(3) Appoint and discharge employees, and hire experts,	22045
consultants, advisors, or other professionally qualified persons	22046
as the administrator considers necessary to carry out the duties	22047
of the legal rights service;	22048

(4) Apply for and accept grants of funds, and accept	22049
charitable gifts and bequests;	22050

(5) Prepare and submit a budget to the general assembly for	22051
the operation of the legal rights service. At least thirty days	22052
prior to submitting the budget to the general assembly, the	22053
administrator shall provide a copy of the budget to the commission	22054
for review and comment. When submitting the budget to the general	22055
assembly, the administrator shall include a copy of any written	22056
comments returned by the commission to the administrator.	22057

(6) Enter into contracts and make expenditures necessary for	22058
the efficient operation of the legal rights service;	22059

(7) Annually prepare a report of activities and submit copies	22060
of the report to the governor, the chief justice of the supreme	22061
court, the president of the senate, the speaker of the house of	22062
representatives, the director of mental health, and the director	22063
of ~~mental retardation and~~ developmental disabilities, and make the	22064
report available to the public;	22065

(8) Upon request of the commission or of the chairperson of	22066
the commission, report to the commission on specific litigation	22067
issues or activities.	22068

(G)(1) The legal rights service may act directly or contract	22069
with other organizations or individuals for the provision of the	22070
services envisioned under this section.	22071

(2) Whenever possible, the administrator shall attempt to	22072
facilitate the resolution of complaints through administrative	22073
channels. Subject to division (G)(3) of this section, if attempts	22074
at administrative resolution prove unsatisfactory, the	22075
administrator may pursue any legal, administrative, and other	22076
appropriate remedies or approaches that may be necessary to	22077
accomplish the purposes of this section.	22078

(3) The administrator may not pursue a class action lawsuit	22079
under division (G)(2) of this section when attempts at	22080
administrative resolution of a complaint prove unsatisfactory	22081
under that division unless both of the following have first	22082
occurred:	22083

(a) At least four members of the commission, by their	22084
affirmative vote, have consented to the pursuit of the class	22085
action lawsuit;	22086

(b) At least five members of the commission are present at	22087
the meeting of the commission at which that consent is obtained.	22088

(4) All records received or maintained by the legal rights	22089
service in connection with any investigation, representation, or	22090
other activity under this section shall be confidential and shall	22091
not be disclosed except as authorized by the person represented by	22092
the legal rights service or, subject to any privilege, a guardian	22093
of the person or parent of the minor. Subject to division (G)(5)	22094
of this section, relationships between personnel and the agents of	22095
the legal rights service and its clients shall be fiduciary	22096
relationships, and all communications shall be privileged as if	22097
between attorney and client.	22098

(5) Any person who has been represented by the legal rights	22099
service or who has applied for and been denied representation and	22100
who files a grievance with the service concerning the	22101
representation or application may appeal the decision of the	22102
service on the grievance to the commission. The person may appeal	22103
notwithstanding any objections of the person's legal guardian. The	22104
commission may examine any records relevant to the appeal and	22105
shall maintain the confidentiality of any records that are	22106
required to be kept confidential.	22107

(H) The legal rights service, on the order of the	22108
administrator, with the approval by an affirmative vote of at	22109
least four members of the commission, may compel by subpoena the	22110
appearance and sworn testimony of any person the administrator	22111
reasonably believes may be able to provide information or to	22112
produce any documents, books, records, papers, or other	22113
information necessary to carry out its duties. On the refusal of	22114
any person to produce or authenticate any requested documents, the	22115
legal rights service may apply to the Franklin county court of	22116
common pleas to compel the production or authentication of	22117
requested documents. If the court finds that failure to produce or	22118
authenticate any requested documents was improper, the court may	22119
hold the person in contempt as in the case of disobedience of the	22120
requirements of a subpoena issued from the court, or a refusal to	22121
testify in the court.	22122

(I) The legal rights service may conduct public hearings.

22123

(J) The legal rights service may request from any	22124
governmental agency any cooperation, assistance, services, or data	22125
that will enable it to perform its duties.	22126

(K) In any malpractice action filed against the administrator	22127
of the legal rights service, a member of the staff of the legal	22128
rights service, or an attorney designated by the administrator to	22129
perform legal services under division (E) of this section, the	22130
state shall, when the administrator, member, or attorney has acted	22131
in good faith and in the scope of employment, indemnify the	22132
administrator, member, or attorney for any judgment awarded or	22133
amount negotiated in settlement, and for any court costs or legal	22134
fees incurred in defense of the claim.	22135

This division does not limit or waive, and shall not be	22136
construed to limit or waive, any defense that is available to the	22137
legal rights service, its administrator or employees, persons	22138
under a personal services contract with it, or persons designated	22139
under division (E) of this section, including, but not limited to,	22140
any defense available under section 9.86 of the Revised Code.	22141

(L) In addition to providing services to mentally ill,	22142
mentally retarded, or developmentally disabled persons, when a	22143
grant authorizing the provision of services to other individuals	22144
is accepted pursuant to division (F)(4) of this section, the legal	22145
rights service and its ombudsperson section may provide advocacy	22146
or ombudsperson services to those other individuals and exercise	22147
any other authority granted by this section or sections 5123.601	22148
to 5123.604 of the Revised Code on behalf of those individuals.	22149
Determinations of whether an individual is eligible for services	22150
under this division shall be made by the legal rights service.	22151

Sec. 5123.601. (A) As used in sections 5123.601 to 5123.604	22152
of the Revised Code, "provider" means any person or governmental	22153
agency that furnishes one or more services to one or more mentally	22154
retarded, developmentally disabled, or mentally ill persons.	22155

(B) There is hereby created within the legal rights service	22156
the ~~ombudsman~~ombudsperson section. The administrator of the legal	22157
rights service shall adopt rules in accordance with Chapter 119.	22158
of the Revised Code establishing procedures for receiving	22159
complaints and conducting investigations for the purposes of	22160
resolving and mediating complaints from mentally retarded,	22161
developmentally disabled, or mentally ill persons, their	22162
relatives, their guardians, and interested citizens, public	22163
officials, and governmental agencies or any deficiencies which	22164
come to its attention concerning any activity, practice, policy,	22165
or procedure it determines is adversely affecting or may adversely	22166
affect the health, safety, welfare, and civil or human rights of	22167
any mentally retarded, developmentally disabled, or mentally ill	22168
persons. After initial investigation, the section may decline to	22169
accept any complaint it determines is frivolous, vexatious, or not	22170
made in good faith. The section shall attempt to resolve the	22171
complaint at the lowest appropriate administrative level, unless	22172
otherwise provided by law. The procedures shall require the	22173
section to:	22174

(1) Acknowledge the receipt of a complaint by sending written	22175
notice to the complainant no more than seven days after it	22176
receives the complaint;	22177

(2) When appropriate, provide written notice to the	22178
department of ~~mental retardation and~~ developmental disabilities or	22179
the department of mental health and any other appropriate agency	22180
within seven days after receiving the complaint;	22181

(3) Immediately refer a complaint made under this section to	22182
the department of ~~mental retardation and~~ developmental	22183
disabilities and to any other appropriate governmental agency,	22184
whenever the complaint involves an immediate and substantial	22185
threat to the health or safety of a mentally retarded or	22186
developmentally disabled person, or to the department of mental	22187
health and to any other appropriate governmental agency, whenever	22188
the complaint involves an immediate and substantial threat to the	22189
health or safety of a mentally ill person. The department or an	22190
agency designated by the department shall report its findings and	22191
actions no later than forty-eight hours following its receipt of	22192
the complaint.	22193

(4) Within seven days after identifying a deficiency in the	22194
treatment of a mentally retarded, developmentally disabled, or	22195
mentally ill person that pertains to misconduct, breach of duty,	22196
or noncompliance with state or federal laws, local ordinances, or	22197
rules or regulations adopted under those laws or ordinances that	22198
are administered by a governmental agency, refer the matter in	22199
writing to the appropriate state agency. The state agency shall	22200
report on its actions and findings within seven days of receiving	22201
the matter.	22202

(5) Advise the complainant and any mentally retarded,	22203
developmentally disabled, or mentally ill person mentioned in the	22204
complaint, no more than thirty days after it receives the	22205
complaint, of any action it has taken and of any opinions and	22206
recommendations it has with respect to the complaint.	22207

(6) Attempt to resolve the complaint by using informal	22208
techniques of mediation, conciliation, and persuasion. If the	22209
complaint cannot be resolved by the use of these informal	22210
techniques or if the act, practice, policy, or procedure that is	22211
the subject of the complaint adversely affects the health, safety,	22212
welfare, or civil or human rights of a mentally retarded,	22213
developmentally disabled, or mentally ill person, the section may	22214
recommend to the appropriate authorities or the administrator of	22215
the legal rights service that appropriate actions be taken.	22216

(7) Report its opinions or recommendations to the parties	22217
involved after attempting to resolve a complaint through informal	22218
techniques of mediation, conciliation, or persuasion. The section	22219
may request any party affected by the opinions or recommendations	22220
to notify the section, within a time period specified by the	22221
section, of any action the party has taken on the section's	22222
recommendations.	22223

(C) The section may make public any of its opinions or	22224
recommendations concerning a complaint, the responses of persons	22225
and governmental agencies to its opinions or recommendations, and	22226
any act, practice, policy, or procedure that adversely affects or	22227
may adversely affect the health, safety, welfare, or civil or	22228
human rights of a mentally retarded, developmentally disabled, or	22229
mentally ill person.	22230

(D) The section shall at all times maintain confidentiality	22231
under sections 5123.601 to 5123.604 of the Revised Code concerning	22232
the identities of mentally retarded, developmentally disabled, or	22233
mentally ill persons, complainants, witnesses, and other involved	22234
parties who provide it with information unless the person, in	22235
writing, authorizes the release of the information.	22236

Nothing in this section shall prohibit the legal rights	22237
service from taking appropriate action when the administrator	22238
determines it is necessary.	22239

(E) Whenever information is disclosed indicating the	22240
commission of a crime or a violation of standards of professional	22241
conduct, the legal rights service shall, within seven days of	22242
receiving the complaint or identifying the information during its	22243
investigation, refer the matter to the attorney general, county	22244
prosecutor, other law enforcement official, or regulatory board,	22245
as appropriate, to investigate the crime or violation. The section	22246
may disclose any information permitted by law that is necessary to	22247
resolve the matter referred. The section shall monitor and	22248
maintain records on every matter it refers under this division.	22249

Sec. 5123.602. (A) Except as provided in division (B) of	22250
this section, the ombudsperson section of the legal rights	22251
service may, in order to carry out its duties under this chapter,	22252
make necessary inquiries and obtain information it considers	22253
necessary. Upon receiving a complaint and in the course of	22254
conducting an investigation in accordance with division (B) of	22255
section 5123.601 of the Revised Code, the section shall have	22256
ready access to the premises and records of all providers of	22257
services to mentally retarded, developmentally disabled, or	22258
mentally ill persons and shall have the right to communicate in a	22259
private and confidential setting with any mentally retarded,	22260
developmentally disabled, or mentally ill persons, with their	22261
parents, guardians, or advocates, and with employees of any	22262
provider.	22263

(B) Records held by community residential facilities,	22264
contract agencies of boards of alcohol, drug addiction, and mental	22265
health services, and contract agencies of county boards of ~~mental~~	22266
~~retardation and~~ developmental disabilities shall only be	22267
accessible by the ombudsperson section of the legal rights service	22268
in a situation as described in division (E)(5) of section 5123.60	22269
of the Revised Code.	22270

Sec. 5123.604. (A) No one shall take a discriminatory,	22271
disciplinary, or retaliatory action against any officer or	22272
employee of a provider, any mentally retarded, developmentally	22273
disabled, or mentally ill person, the parents or guardian of a	22274
mentally retarded, developmentally disabled, or mentally ill	22275
person, or any volunteer or advocate for a mentally retarded,	22276
developmentally disabled, or mentally ill person, for any	22277
communication these persons make or information they disclose in	22278
good faith to the ombudsperson section of the legal rights	22279
service.	22280

(B) No person shall knowingly interfere with lawful actions	22281
of the ombudsperson section, refuse entry to its representatives,	22282
fail to comply with its lawful demands, or offer any compensation,	22283
gratuity, or promise thereof in an effort to influence the outcome	22284
of any matter being considered by the section.	22285

(C) The department of ~~mental retardation and~~ developmental	22286
disabilities shall immediately notify the ombudsperson section of	22287
all investigations of major unusual incidents or life-threatening	22288
situations, as defined in rules adopted by the department,	22289
involving mentally retarded and developmentally disabled persons,	22290
and shall furnish copies of all relevant reports within	22291
forty-eight hours after receipt. The department of mental health	22292
shall notify the ombudsperson section of all major unusual	22293
incidents or life-threatening situations, as defined in rules	22294
adopted by the department, involving mentally ill persons within	22295
forty-eight hours after receipt of the report of the incident or	22296
situation. The departments of health and job and family services	22297
shall notify the department of ~~mental retardation and~~	22298
developmental disabilities of all allegations and investigations	22299
of abuse, neglect, or life-threatening situations involving	22300
mentally retarded or developmentally disabled persons. Any other	22301
state agency with information concerning abuse, neglect, or	22302
life-threatening situations involving mentally retarded or	22303
developmentally disabled persons shall report that information	22304
immediately to the department of ~~mental retardation and~~	22305
developmental disabilities.	22306

Nothing in this section or section 5123.60, 5123.601, or	22307
5123.602 of the Revised Code shall preclude any department or	22308
board, its contract agencies, a community residential facility, or	22309
other governmental entity from carrying out its responsibility as	22310
prescribed by law.	22311

Sec. 5123.61. (A) As used in this section:

22312

(1) "Law enforcement agency" means the state highway patrol,	22313
the police department of a municipal corporation, or a county	22314
sheriff.	22315

(2) "Abuse" has the same meaning as in section 5123.50 of the	22316
Revised Code, except that it includes a misappropriation, as	22317
defined in that section.	22318

(3) "Neglect" has the same meaning as in section 5123.50 of	22319
the Revised Code.	22320

(B) The department of ~~mental retardation and~~ developmental	22321
disabilities shall establish a registry office for the purpose of	22322
maintaining reports of abuse, neglect, and other major unusual	22323
incidents made to the department under this section and reports	22324
received from county boards of ~~mental retardation and~~	22325
developmental disabilities under section 5126.31 of the Revised	22326
Code. The department shall establish committees to review reports	22327
of abuse, neglect, and other major unusual incidents.	22328

(C)(1) Any person listed in division (C)(2) of this section,	22329
having reason to believe that a person with mental retardation or	22330
a developmental disability has suffered or faces a substantial	22331
risk of suffering any wound, injury, disability, or condition of	22332
such a nature as to reasonably indicate abuse or neglect of that	22333
person, shall immediately report or cause reports to be made of	22334
such information to the entity specified in this division. Except	22335
as provided in section 5120.173 of the Revised Code or as	22336
otherwise provided in this division, the person making the report	22337
shall make it to a law enforcement agency or to the county board	22338
of ~~mental retardation and~~ developmental disabilities. If the	22339
report concerns a resident of a facility operated by the	22340
department of ~~mental retardation and~~ developmental disabilities	22341
the report shall be made either to a law enforcement agency or to	22342
the department. If the report concerns any act or omission of an	22343
employee of a county board of ~~mental retardation and~~ developmental	22344
disabilities, the report immediately shall be made to the	22345
department and to the county board.	22346

(2) All of the following persons are required to make a	22347
report under division (C)(1) of this section:	22348

(a) Any physician, including a hospital intern or resident,	22349
any dentist, podiatrist, chiropractor, practitioner of a limited	22350
branch of medicine as specified in section 4731.15 of the Revised	22351
Code, hospital administrator or employee of a hospital, nurse	22352
licensed under Chapter 4723. of the Revised Code, employee of an	22353
ambulatory health facility as defined in section 5101.61 of the	22354
Revised Code, employee of a home health agency, employee of an	22355
adult care facility licensed under Chapter 3722. of the Revised	22356
Code, or employee of a community mental health facility;	22357

(b) Any school teacher or school authority, social worker,	22358
psychologist, attorney, peace officer, coroner, or residents'	22359
rights advocate as defined in section 3721.10 of the Revised Code;	22360

(c) A superintendent, board member, or employee of a county	22361
board of ~~mental retardation and~~ developmental disabilities; an	22362
administrator, board member, or employee of a residential facility	22363
licensed under section 5123.19 of the Revised Code; an	22364
administrator, board member, or employee of any other public or	22365
private provider of services to a person with mental retardation	22366
or a developmental disability, or any MR/DD employee, as defined	22367
in section 5123.50 of the Revised Code;	22368

(d) A member of a citizen's advisory council established at	22369
an institution or branch institution of the department of ~~mental~~	22370
~~retardation and~~ developmental disabilities under section 5123.092	22371
of the Revised Code;	22372

(e) A clergyman who is employed in a position that includes	22373
providing specialized services to an individual with mental	22374
retardation or another developmental disability, while acting in	22375
an official or professional capacity in that position, or a person	22376
who is employed in a position that includes providing specialized	22377
services to an individual with mental retardation or another	22378
developmental disability and who, while acting in an official or	22379
professional capacity, renders spiritual treatment through prayer	22380
in accordance with the tenets of an organized religion.	22381

(3)(a) The reporting requirements of this division do not	22382
apply to members of the legal rights service commission or to	22383
employees of the legal rights service.	22384

(b) An attorney or physician is not required to make a report	22385
pursuant to division (C)(1) of this section concerning any	22386
communication the attorney or physician receives from a client or	22387
patient in an attorney-client or physician-patient relationship,	22388
if, in accordance with division (A) or (B) of section 2317.02 of	22389
the Revised Code, the attorney or physician could not testify with	22390
respect to that communication in a civil or criminal proceeding,	22391
except that the client or patient is deemed to have waived any	22392
testimonial privilege under division (A) or (B) of section 2317.02	22393
of the Revised Code with respect to that communication and the	22394
attorney or physician shall make a report pursuant to division	22395
(C)(1) of this section, if both of the following apply:	22396

(i) The client or patient, at the time of the communication,	22397
is a person with mental retardation or a developmental disability.	22398

(ii) The attorney or physician knows or suspects, as a result	22399
of the communication or any observations made during that	22400
communication, that the client or patient has suffered or faces a	22401
substantial risk of suffering any wound, injury, disability, or	22402
condition of a nature that reasonably indicates abuse or neglect	22403
of the client or patient.	22404

(4) Any person who fails to make a report required under	22405
division (C) of this section and who is an MR/DD employee, as	22406
defined in section 5123.50 of the Revised Code, shall be eligible	22407
to be included in the registry regarding misappropriation, abuse,	22408
neglect, or other specified misconduct by MR/DD employees	22409
established under section 5123.52 of the Revised Code.	22410

(D) The reports required under division (C) of this section	22411
shall be made forthwith by telephone or in person and shall be	22412
followed by a written report. The reports shall contain the	22413
following:	22414

(1) The names and addresses of the person with mental	22415
retardation or a developmental disability and the person's	22416
custodian, if known;	22417

(2) The age of the person with mental retardation or a	22418
developmental disability;	22419

(3) Any other information that would assist in the	22420
investigation of the report.	22421

(E) When a physician performing services as a member of the	22422
staff of a hospital or similar institution has reason to believe	22423
that a person with mental retardation or a developmental	22424
disability has suffered injury, abuse, or physical neglect, the	22425
physician shall notify the person in charge of the institution or	22426
that person's designated delegate, who shall make the necessary	22427
reports.	22428

(F) Any person having reasonable cause to believe that a	22429
person with mental retardation or a developmental disability has	22430
suffered or faces a substantial risk of suffering abuse or neglect	22431
may report or cause a report to be made of that belief to the	22432
entity specified in this division. Except as provided in section	22433
5120.173 of the Revised Code or as otherwise provided in this	22434
division, the person making the report shall make it to a law	22435
enforcement agency or the county board of ~~mental retardation and~~	22436
developmental disabilities. If the person is a resident of a	22437
facility operated by the department of ~~mental retardation and~~	22438
developmental disabilities, the report shall be made to a law	22439
enforcement agency or to the department. If the report concerns	22440
any act or omission of an employee of a county board of ~~mental~~	22441
~~retardation and~~ developmental disabilities, the report immediately	22442
shall be made to the department and to the county board.	22443

(G)(1) Upon the receipt of a report concerning the possible	22444
abuse or neglect of a person with mental retardation or a	22445
developmental disability, the law enforcement agency shall inform	22446
the county board of ~~mental retardation and~~ developmental	22447
disabilities or, if the person is a resident of a facility	22448
operated by the department of ~~mental retardation and~~ developmental	22449
disabilities, the director of the department or the director's	22450
designee.	22451

(2) On receipt of a report under this section that includes	22452
an allegation of action or inaction that may constitute a crime	22453
under federal law or the law of this state, the department of	22454
~~mental retardation and~~ developmental disabilities shall notify the	22455
law enforcement agency.	22456

(3) When a county board of ~~mental retardation and~~	22457
developmental disabilities receives a report under this section	22458
that includes an allegation of action or inaction that may	22459
constitute a crime under federal law or the law of this state, the	22460
superintendent of the board or an individual the superintendent	22461
designates under division (H) of this section shall notify the law	22462
enforcement agency. The superintendent or individual shall notify	22463
the department of ~~mental retardation and~~ developmental	22464
disabilities when it receives any report under this section.	22465

(4) When a county board of ~~mental retardation and~~	22466
developmental disabilities receives a report under this section	22467
and believes that the degree of risk to the person is such that	22468
the report is an emergency, the superintendent of the board or an	22469
employee of the board the superintendent designates shall attempt	22470
a face-to-face contact with the person with mental retardation or	22471
a developmental disability who allegedly is the victim within one	22472
hour of the board's receipt of the report.	22473

(H) The superintendent of the board may designate an	22474
individual to be responsible for notifying the law enforcement	22475
agency and the department when the county board receives a report	22476
under this section.	22477

(I) An adult with mental retardation or a developmental	22478
disability about whom a report is made may be removed from the	22479
adult's place of residence only by law enforcement officers who	22480
consider that the adult's immediate removal is essential to	22481
protect the adult from further injury or abuse or in accordance	22482
with the order of a court made pursuant to section 5126.33 of the	22483
Revised Code.	22484

(J) A law enforcement agency shall investigate each report of	22485
abuse or neglect it receives under this section. In addition, the	22486
department, in cooperation with law enforcement officials, shall	22487
investigate each report regarding a resident of a facility	22488
operated by the department to determine the circumstances	22489
surrounding the injury, the cause of the injury, and the person	22490
responsible. The investigation shall be in accordance with the	22491
memorandum of understanding prepared under section 5126.058 of the	22492
Revised Code. The department shall determine, with the registry	22493
office which shall be maintained by the department, whether prior	22494
reports have been made concerning an adult with mental retardation	22495
or a developmental disability or other principals in the case. If	22496
the department finds that the report involves action or inaction	22497
that may constitute a crime under federal law or the law of this	22498
state, it shall submit a report of its investigation, in writing,	22499
to the law enforcement agency. If the person with mental	22500
retardation or a developmental disability is an adult, with the	22501
consent of the adult, the department shall provide such protective	22502
services as are necessary to protect the adult. The law	22503
enforcement agency shall make a written report of its findings to	22504
the department.	22505

If the person is an adult and is not a resident of a facility	22506
operated by the department, the county board of ~~mental retardation~~	22507
~~and~~ developmental disabilities shall review the report of abuse or	22508
neglect in accordance with sections 5126.30 to 5126.33 of the	22509
Revised Code and the law enforcement agency shall make the written	22510
report of its findings to the county board.	22511

(K) Any person or any hospital, institution, school, health	22512
department, or agency participating in the making of reports	22513
pursuant to this section, any person participating as a witness in	22514
an administrative or judicial proceeding resulting from the	22515
reports, or any person or governmental entity that discharges	22516
responsibilities under sections 5126.31 to 5126.33 of the Revised	22517
Code shall be immune from any civil or criminal liability that	22518
might otherwise be incurred or imposed as a result of such actions	22519
except liability for perjury, unless the person or governmental	22520
entity has acted in bad faith or with malicious purpose.	22521

(L) No employer or any person with the authority to do so	22522
shall discharge, demote, transfer, prepare a negative work	22523
performance evaluation, reduce pay or benefits, terminate work	22524
privileges, or take any other action detrimental to an employee or	22525
retaliate against an employee as a result of the employee's having	22526
made a report under this section. This division does not preclude	22527
an employer or person with authority from taking action with	22528
regard to an employee who has made a report under this section if	22529
there is another reasonable basis for the action.	22530

(M) Reports made under this section are not public records as	22531
defined in section 149.43 of the Revised Code. Information	22532
contained in the reports on request shall be made available to the	22533
person who is the subject of the report, to the person's legal	22534
counsel, and to agencies authorized to receive information in the	22535
report by the department or by a county board of ~~mental~~	22536
~~retardation and~~ developmental disabilities.	22537

(N) Notwithstanding section 4731.22 of the Revised Code, the	22538
physician-patient privilege shall not be a ground for excluding	22539
evidence regarding the injuries or physical neglect of a person	22540
with mental retardation or a developmental disability or the cause	22541
thereof in any judicial proceeding resulting from a report	22542
submitted pursuant to this section.	22543

Sec. 5123.611. (A) As used in this section, "MR/DD employee"	22544
means all of the following:	22545

(1) An employee of the department of ~~mental retardation and~~	22546
developmental disabilities;	22547

(2) An employee of a county board of ~~mental retardation and~~	22548
developmental disabilities;	22549

(3) An employee in a position that includes providing	22550
specialized services, as defined in section 5123.50 of the Revised	22551
Code, to an individual with mental retardation or a developmental	22552
disability.	22553

(B) At the conclusion of a review of a report of abuse,	22554
neglect, or a major unusual incident that is conducted by a review	22555
committee established pursuant to section 5123.61 of the Revised	22556
Code, the committee shall issue recommendations to the department.	22557
The department shall review the committee's recommendations and	22558
issue a report of its findings. The department shall make the	22559
report available to all of the following:	22560

(1) The individual with mental retardation or a developmental	22561
disability who is the subject of the report;	22562

(2) That individual's guardian or legal counsel;

22563

(3) The licensee, as defined in section 5123.19 of the	22564
Revised Code, of a residential facility in which the individual	22565
resides;	22566

(4) The employer of any MR/DD employee who allegedly	22567
committed or was responsible for the abuse, neglect, or major	22568
unusual incident.	22569

(C) Except as provided in this section, the department shall	22570
not disclose its report to any person or government entity that is	22571
not authorized to investigate reports of abuse, neglect, or other	22572
major unusual incidents, unless the individual with mental	22573
retardation or a developmental disability who is the subject of	22574
the report or the individual's guardian gives the department	22575
written consent.	22576

Sec. 5123.612. The director of ~~mental retardation and~~	22577
developmental disabilities shall adopt rules in accordance with	22578
Chapter 119. of the Revised Code regarding the reporting of major	22579
unusual incidents and unusual incidents concerning persons with	22580
mental retardation or a developmental disability. The rules shall	22581
specify what constitutes a major unusual incident or an unusual	22582
incident.	22583

Sec. 5123.613. (A) When a person who is the subject of a	22584
report under section 5123.61 of the Revised Code dies, the	22585
department of ~~mental retardation and~~ developmental disabilities or	22586
the county board of ~~mental retardation and~~ developmental	22587
disabilities, whichever is applicable, shall, on written request,	22588
provide to both of the following persons the report and any	22589
records relating to the report:	22590

(1) If the report or records are necessary to administer the	22591
estate of the person who is the subject of the report, to the	22592
executor or administrator of the person's estate;	22593

(2) To the guardian of the person who is the subject of the	22594
report or, if the individual had no guardian at the time of death,	22595
to a person in the first applicable of the following categories:	22596

(a) The person's spouse;

22597

(b) The person's children;

22598

22599

(d) The person's brothers or sisters;

22600

(e) The person's uncles or aunts;

22601

(f) The person's closest relative by blood or adoption;

22602

(g) The person's closest relative by marriage.

22603

(B) The department or county board shall provide the report	22604
and related records as required by this section not later than	22605
thirty days after receipt of the request."	22606

Sec. 5123.614. (A) Subject to division (B) of this section,	22607
on receipt of a report of a major unusual incident made pursuant	22608
to section 5123.61 or 5126.31 of the Revised Code or rules adopted	22609
under section 5123.612 of the Revised Code, the department of	22610
~~mental retardation and~~ developmental disabilities may do either of	22611
the following:	22612

(1) Conduct an independent review or investigation of the	22613
incident;	22614

(2) Request that an independent review or investigation of	22615
the incident be conducted by a county board of ~~mental retardation~~	22616
~~and~~ developmental disabilities that is not implicated in the	22617
report, a regional council of government, or any other entity	22618
authorized to conduct such investigations.	22619

(B) If a report described in division (A) of this section	22620
concerning the health or safety of a person with mental	22621
retardation or a developmental disability involves an allegation	22622
that an employee of a county board of ~~mental retardation and~~	22623
developmental disabilities has created a substantial risk of	22624
serious physical harm to a person with mental retardation or a	22625
developmental disability, the department shall do one of the	22626
following:	22627

(1) Conduct an independent investigation regarding the	22628
incident;	22629

(2) Request that an independent review or investigation of	22630
the incident be conducted by a county board of ~~mental retardation~~	22631
~~and~~ developmental disabilities that is not implicated in the	22632
report, a regional council of government, or any other entity	22633
authorized to conduct such investigations.	22634

Sec. 5123.63. Every state agency, county board of ~~mental~~	22635
~~retardation and~~ developmental disabilities, or political	22636
subdivision that provides services, either directly or through a	22637
contract, to persons with mental retardation or a developmental	22638
disability shall give each provider a copy of the list of rights	22639
contained in section 5123.62 of the Revised Code. Each public and	22640
private provider of services shall carry out the requirements of	22641
this section in addition to any other posting or notification	22642
requirements imposed by local, state, or federal law or rules.	22643

The provider shall make copies of the list of rights and	22644
shall be responsible for an initial distribution of the list to	22645
each individual receiving services from the provider. If the	22646
individual is unable to read the list, the provider shall	22647
communicate the contents of the list to the individual to the	22648
extent practicable in a manner that the individual understands.	22649
The individual receiving services or the parent, guardian, or	22650
advocate of the individual shall sign an acknowledgement of	22651
receipt of a copy of the list of rights, and a copy of the signed	22652
acknowledgement shall be placed in the individual's file. The	22653
provider shall also be responsible for answering any questions and	22654
giving any explanations necessary to assist the individual to	22655
understand the rights enumerated. Instruction in these rights	22656
shall be documented.	22657

Each provider shall make available to all persons receiving	22658
services and all employees and visitors a copy of the list of	22659
rights and the addresses and telephone numbers of the legal rights	22660
service, the department of ~~mental retardation and~~ developmental	22661
disabilities, and the county board of ~~mental retardation and~~	22662
developmental disabilities of the county in which the provider	22663
provides services.	22664

Sec. 5123.64. (A) Every provider of services to persons with	22665
mental retardation or a developmental disability shall establish	22666
policies and programs to ensure that all staff members are	22667
familiar with the rights enumerated in section 5123.62 of the	22668
Revised Code and observe those rights in their contacts with	22669
persons receiving services. Any policy, procedure, or rule of the	22670
provider that conflicts with any of the rights enumerated shall be	22671
null and void. Every provider shall establish written procedures	22672
for resolving complaints of violations of those rights. A copy of	22673
the procedures shall be provided to any person receiving services	22674
or to any parent, guardian, or advocate of a person receiving	22675
services.	22676

(B) Any person with mental retardation or a developmental	22677
disability who believes that the person's rights as enumerated in	22678
section 5123.62 of the Revised Code have been violated may:	22679

(1) Bring the violation to the attention of the provider for	22680
resolution;	22681

(2) Report the violation to the department of ~~mental~~	22682
~~retardation and~~ developmental disabilities, the ombudsperson	22683
section of the legal rights service, or the appropriate county	22684
board of ~~mental retardation and~~ developmental disabilities;	22685

(3) Take any other appropriate action to ensure compliance	22686
with sections 5123.60 to 5123.64 of the Revised Code, including	22687
the filing of a legal action to enforce rights or to recover	22688
damages for violation of rights.	22689

Sec. 5123.65. In addition to the rights specified in section	22690
5123.62 of the Revised Code, individuals with mental retardation	22691
and developmental disabilities who can safely self-administer	22692
medication or receive assistance with self-administration of	22693
medication have the right to self-administer medication or receive	22694
assistance with the self-administration of medication. The	22695
department of ~~mental retardation and~~ developmental disabilities	22696
shall adopt rules as it considers necessary to implement and	22697
enforce this section. The rules shall be adopted in accordance	22698
with Chapter 119. of the Revised Code.	22699

Sec. 5123.71. (A)(1) Proceedings for the involuntary	22700
institutionalization of a person pursuant to sections 5123.71 to	22701
5123.76 of the Revised Code shall be commenced by the filing of an	22702
affidavit with the probate division of the court of common pleas	22703
of the county where the person resides or where the person is	22704
institutionalized, in the manner and form prescribed by the	22705
department of ~~mental retardation and~~ developmental disabilities	22706
either on information or actual knowledge, whichever is determined	22707
to be proper by the court. The affidavit may be filed only by a	22708
person who has custody of the individual as a parent, guardian, or	22709
service provider or by a person acting on behalf of the department	22710
or a county board of ~~mental retardation and~~ developmental	22711
disabilities. This section does not apply regarding the	22712
institutionalization of a person pursuant to section 2945.39,	22713
2945.40, 2945.401, or 2945.402 of the Revised Code.	22714

The affidavit shall contain an allegation setting forth the	22715
specific category or categories under division (O) of section	22716
5123.01 of the Revised Code upon which the commencement of	22717
proceedings is based and a statement of the factual ground for the	22718
belief that the person is a mentally retarded person subject to	22719
institutionalization by court order. Except as provided in	22720
division (A)(2) of this section, the affidavit shall be	22721
accompanied by both of the following:	22722

(a) A comprehensive evaluation report prepared by the	22723
person's evaluation team that includes a statement by the members	22724
of the team certifying that they have performed a comprehensive	22725
evaluation of the person and that they are of the opinion that the	22726
person is a mentally retarded person subject to	22727
institutionalization by court order;	22728

(b) An assessment report prepared by the county board of	22729
~~mental retardation and~~ developmental disabilities under section	22730
5123.711 of the Revised Code specifying that the individual is in	22731
need of services on an emergency or priority basis.	22732

(2) In lieu of the comprehensive evaluation report, the	22733
affidavit may be accompanied by a written and sworn statement that	22734
the person or the guardian of a person adjudicated incompetent has	22735
refused to allow a comprehensive evaluation and county board	22736
assessment and assessment reports. Immediately after accepting an	22737
affidavit that is not accompanied by the reports of a	22738
comprehensive evaluation and county board assessment, the court	22739
shall cause a comprehensive evaluation and county board assessment	22740
of the person named in the affidavit to be performed. The	22741
evaluation shall be conducted in the least restrictive environment	22742
possible and the assessment shall be conducted in the same manner	22743
as assessments conducted under section 5123.711 of the Revised	22744
Code. The evaluation and assessment must be completed before a	22745
probable cause hearing or full hearing may be held under section	22746
5123.75 or 5123.76 of the Revised Code.	22747

A written report of the evaluation team's findings and the	22748
county board's assessment shall be filed with the court. The	22749
reports shall, consistent with the rules of evidence, be accepted	22750
as probative evidence in any proceeding under section 5123.75 or	22751
5123.76 of the Revised Code. If the counsel for the person who is	22752
evaluated or assessed is known, the court shall send to the	22753
counsel a copy of the reports as soon as possible after they are	22754
filed and prior to any proceedings under section 5123.75 or	22755
5123.76 of the Revised Code.	22756

(B) Any person who is involuntarily detained in an	22757
institution or otherwise is in custody under this chapter shall be	22758
informed of the right to do the following:	22759

(1) Immediately make a reasonable number of telephone calls	22760
or use other reasonable means to contact an attorney, a physician,	22761
or both, to contact any other person or persons to secure	22762
representation by counsel, or to obtain medical assistance, and be	22763
provided assistance in making calls if the assistance is needed	22764
and requested;	22765

(2) Retain counsel and have independent expert evaluation	22766
and, if the person is an indigent person, be represented by	22767
court-appointed counsel and have independent expert evaluation at	22768
court expense;	22769

(3) Upon request, have a hearing to determine whether there	22770
is probable cause to believe that the person is a mentally	22771
retarded person subject to institutionalization by court order.	22772

(C) No person who is being treated by spiritual means through	22773
prayer alone in accordance with a recognized religious method of	22774
healing may be ordered detained or involuntarily committed unless	22775
the court has determined that the person represents a very	22776
substantial risk of self-impairment, self-injury, or impairment or	22777
injury to others.	22778

Sec. 5123.711. (A) As used in this section:

22779

(1) "Emergency" means either of the following that creates a	22780
risk of substantial harm to an individual or others if action is	22781
not taken within thirty days:	22782

(a) Health and safety conditions that pose a serious risk of	22783
immediate harm or death to the individual or others;	22784

(b) Changes in the emotional or physical condition of an	22785
individual that necessitates substantial accommodation that cannot	22786
reasonably be provided by the individual's existing caretaker.	22787

(2) "Priority" means a situation creating a risk of	22788
substantial harm to an individual or others, but for which action	22789
within thirty days is not necessary.	22790

(3) "Resources" has the same meaning as in section 5126.01	22791
of the Revised Code.	22792

(B) Prior to filing an affidavit under section 5123.71 of the	22793
Revised Code for the involuntary institutionalization of an	22794
individual, a person who is eligible to file under that section	22795
and intends to do so shall request that the county board of ~~mental~~	22796
~~retardation and~~ developmental disabilities conduct an assessment	22797
of the individual's needs. Not later than thirty days after the	22798
date a request is received, the board shall complete the	22799
assessment and provide to the person a report of its findings and	22800
recommendations. The report shall be delivered by certified mail.	22801

Within three working days after receiving a request for an	22802
assessment, the board shall notify the department of ~~mental~~	22803
~~retardation and~~ developmental disabilities that the request has	22804
been made and that there is the potential for court-ordered	22805
institutionalization of an individual. The department may provide	22806
assistance to the board in the performance of the assessment.	22807

(C) The board's assessment of an individual's needs shall	22808
include the following:	22809

(1) A determination of the current needs of the individual,	22810
including an appropriate plan for services;	22811

(2) A determination of whether the community is the least	22812
restrictive environment in which the individual may be	22813
appropriately served;	22814

(3) A determination of whether the individual meets the	22815
conditions for assistance on an emergency or priority basis;	22816

(4) Identification of available resources to meet the	22817
individual's needs, including service providers with the	22818
capability of appropriately meeting those needs, special ancillary	22819
services, and moneys to pay for the services necessary to meet the	22820
individual's needs within the community rather than in a state	22821
institution.	22822

(D) If the board's assessment of an individual identifies	22823
that county resources are available to meet the individual's needs	22824
in the community, the board shall provide services to the	22825
individual or arrange for the provision of services. If county	22826
resources are not available, the board shall petition the	22827
department of ~~mental retardation and~~ developmental disabilities	22828
for necessary resources that may be available from the department.	22829

Sec. 5123.72. ~~Except as provided in division (B) of this~~	22830
~~section, the~~The director of ~~mental retardation and~~ developmental	22831
disabilities shall designate a person to present the case on	22832
behalf of the state at the hearings provided for in sections	22833
5123.75 and 5123.76 of the Revised Code. The designee of the	22834
director also may present the case on behalf of the state in any	22835
other hearing provided for in this chapter.	22836

Sec. 5123.73. (A) After receipt of the affidavit required by	22837
section 5123.71 of the Revised Code, the court shall cause written	22838
notice, by mail or otherwise, of any hearing the court directs, to	22839
be given to all of the following persons:	22840

(1) The respondent;

22841

(2) The respondent's legal guardian, if any;

22842

(3) The respondent's spouse, if address is known;

22843

(4) The person filing the affidavit;

22844

(5) Any one person designated by the respondent, except that	22845
if the respondent does not make a selection, the notice shall be	22846
sent to the adult next of kin other than the person who filed the	22847
affidavit, if that person's address is known to the court;	22848

(6) The respondent's counsel;

22849

(7) The director of ~~mental retardation and~~ developmental	22850
disabilities or the director's designee under section 5123.72 of	22851
the Revised Code.	22852

(B) All persons entitled to notice under this section may	22853
waive that notice.	22854

(C) A copy of the affidavit and of any temporary order shall	22855
be served with a notice under this section.	22856

Sec. 5123.74. (A) On receipt of an affidavit under section	22857
5123.71 of the Revised Code, the probate division of the court of	22858
common pleas may, if it has probable cause to believe that the	22859
person named in the affidavit is a mentally retarded person	22860
subject to institutionalization by court order and that emergency	22861
institutionalization is required, do any of the following:	22862

(1) Issue a temporary order of detention ordering any health	22863
or police officer or sheriff to take into custody and transport	22864
such person to an institution or other place as designated in	22865
section 5123.77 of the Revised Code;	22866

(2) Order the county board of ~~mental retardation and~~	22867
developmental disabilities to provide services to the individual	22868
in the community if the board's assessment of the individual	22869
conducted under section 5123.711 of the Revised Code identifies	22870
that resources are available to meet the individual's needs in an	22871
appropriate manner within the community as an alternative to	22872
institutionalization;	22873

(3) Set the matter for further hearing.

22874

(B) A managing officer of a nonpublic institution may, and	22875
the managing officer of a public institution shall, receive for	22876
observation, diagnosis, habilitation, and care any person whose	22877
admission is ordered pursuant to division (A)(1) of this section.	22878

The alternatives to institutionalization that may be ordered	22879
under division (A)(2) of this section are limited to those that	22880
are necessary to remediate the emergency condition; necessary for	22881
the person's health, safety or welfare; and necessary for the	22882
protection of society, if applicable.	22883

(C) A person detained under this section may be observed and	22884
habilitated until the probable cause hearing provided for in	22885
section 5123.75 of the Revised Code. If no probable cause hearing	22886
is requested or held, the person may be evaluated and shall be	22887
provided with habilitative services until the full hearing is held	22888
pursuant to section 5123.76 of the Revised Code.	22889

Sec. 5123.75. A respondent who is involuntarily placed in an	22890
institution or other place as designated in section 5123.77 of the	22891
Revised Code or with respect to whom proceedings have been	22892
instituted under section 5123.71 of the Revised Code shall, on	22893
request of the respondent, ~~his~~the respondent's guardian, or ~~his~~	22894
the respondent's counsel, or upon the court's own motion, be	22895
afforded a hearing to determine whether there is probable cause to	22896
believe that the respondent is a mentally retarded person subject	22897
to institutionalization by court order.	22898

(A) The probable cause hearing shall be conducted within two	22899
court days from the day on which the request is made. Failure to	22900
conduct the probable cause hearing within this time shall effect	22901
an immediate discharge of the respondent. If the proceedings are	22902
not reinstituted within thirty days, records of the proceedings	22903
shall be expunged.	22904

(B) The respondent shall be informed that hethe respondent	22905
may retain counsel and have independent expert evaluation and, if	22906
hethe respondent is an indigent person, be represented by court	22907
appointed counsel and have independent expert evaluation at court	22908
expense.	22909

(C) The probable cause hearing shall be conducted in a manner	22910
consistent with the procedures set forth in division (A) of	22911
section 5123.76 of the Revised Code, except divisions (A)(10) and	22912
(14) of that section, and the designee of the director of ~~mental~~	22913
~~retardation and~~ developmental disabilities shall present evidence	22914
for the state.	22915

(D) If the court does not find probable cause to believe that	22916
the respondent is a mentally retarded person subject to	22917
institutionalization by court order, it shall order immediate	22918
release of the respondent and dismiss and expunge all record of	22919
the proceedings under this chapter.	22920

(E) On motion of the respondent or ~~his~~the respondent's	22921
counsel and for good cause shown, the court may order a	22922
continuance of the hearing.	22923

(F) If the court finds probable cause to believe that the	22924
respondent is a mentally retarded person subject to	22925
institutionalization by court order, the court may issue an	22926
interim order of placement and, where proceedings under section	22927
5123.71 of the Revised Code have been instituted, shall order a	22928
full hearing as provided in section 5123.76 of the Revised Code to	22929
be held on the question of whether the respondent is a mentally	22930
retarded person subject to institutionalization by court order.	22931
Unless specifically waived by the respondent or the respondent's	22932
counsel, the court shall schedule said hearing to be held as soon	22933
as possible within ten days from the probable cause hearing. A	22934
waiver of such full hearing at this point shall not preclude the	22935
respondent from asserting the respondent's right to such hearing	22936
under section 5123.76 of the Revised Code at any time prior to the	22937
mandatory hearing provided in division (H) of section 5123.76 of	22938
the Revised Code. In any case, if the respondent has waived ~~his~~	22939
the right to the full hearing, a mandatory hearing shall be held	22940
under division (H) of section 5123.76 of the Revised Code between	22941
the ninetieth and the one hundredth day after the original	22942
involuntary detention of the person unless the respondent has been	22943
discharged.	22944

(G) Whenever possible, the probable cause hearing shall be	22945
held before the respondent is taken into custody.	22946

Sec. 5123.76. (A) The full hearing shall be conducted in a	22947
manner consistent with the procedures outlined in this chapter and	22948
with due process of law. The hearing shall be held by a judge of	22949
the probate division or, upon transfer by the judge of the probate	22950
division, by another judge of the court of common pleas, or a	22951
referee designated by the judge of the probate division. Any	22952
referee designated by the judge of the probate division must be an	22953
attorney.	22954

(1) The following shall be made available to counsel for the	22955
respondent:	22956

(a) All relevant documents, information, and evidence in the	22957
custody or control of the state or prosecutor;	22958

(b) All relevant documents, information, and evidence in the	22959
custody or control of the institution, facility, or program in	22960
which the respondent currently is held or in which the respondent	22961
has been held pursuant to these proceedings;	22962

(c) With the consent of the respondent, all relevant	22963
documents, information, and evidence in the custody or control of	22964
any institution or person other than the state.	22965

(2) The respondent has the right to be represented by counsel	22966
of the respondent's choice and has the right to attend the hearing	22967
except if unusual circumstances of compelling medical necessity	22968
exist that render the respondent unable to attend and the	22969
respondent has not expressed a desire to attend.	22970

(3) If the respondent is not represented by counsel and the	22971
court determines that the conditions specified in division (A)(2)	22972
of this section justify the respondent's absence and the right to	22973
counsel has not been validly waived, the court shall appoint	22974
counsel forthwith to represent the respondent at the hearing,	22975
reserving the right to tax costs of appointed counsel to the	22976
respondent unless it is shown that the respondent is indigent. If	22977
the court appoints counsel, or if the court determines that the	22978
evidence relevant to the respondent's absence does not justify the	22979
absence, the court shall continue the case.	22980

(4) The respondent shall be informed of the right to retain	22981
counsel, to have independent expert evaluation, and, if an	22982
indigent person, to be represented by court appointed counsel and	22983
have expert independent evaluation at court expense.	22984

(5) The hearing may be closed to the public unless counsel	22985
for the respondent requests that the hearing be open to the	22986
public.	22987

(6) Unless objected to by the respondent, the respondent's	22988
counsel, or the designee of the director of ~~mental retardation and~~	22989
developmental disabilities, the court, for good cause shown, may	22990
admit persons having a legitimate interest in the proceedings.	22991

(7) The affiant under section 5123.71 of the Revised Code	22992
shall be subject to subpoena by either party.	22993

(8) The court shall examine the sufficiency of all documents	22994
filed and shall inform the respondent, if present, and the	22995
respondent's counsel of the nature of the content of the documents	22996
and the reason for which the respondent is being held or for which	22997
the respondent's placement is being sought.	22998

(9) The court shall receive only relevant, competent, and	22999
material evidence.	23000

(10) The designee of the director shall present the evidence	23001
for the state. In proceedings under this chapter, the attorney	23002
general shall present the comprehensive evaluation, assessment,	23003
diagnosis, prognosis, record of habilitation and care, if any, and	23004
less restrictive habilitation plans, if any. The attorney general	23005
does not have a similar presentation responsibility in connection	23006
with a person who has been found not guilty by reason of insanity	23007
and who is the subject of a hearing under section 2945.40 of the	23008
Revised Code to determine whether the person is a mentally	23009
retarded person subject to institutionalization by court order.	23010

(11) The respondent has the right to testify and the	23011
respondent or the respondent's counsel has the right to subpoena	23012
witnesses and documents and to present and cross-examine	23013
witnesses.	23014

(12) The respondent shall not be compelled to testify and	23015
shall be so advised by the court.	23016

(13) On motion of the respondent or the respondent's counsel	23017
for good cause shown, or upon the court's own motion, the court	23018
may order a continuance of the hearing.	23019

(14) To an extent not inconsistent with this chapter, the	23020
Rules of Civil Procedure shall be applicable.	23021

(B) Unless, upon completion of the hearing, the court finds	23022
by clear and convincing evidence that the respondent named in the	23023
affidavit is a mentally retarded person subject to	23024
institutionalization by court order, it shall order the	23025
respondent's discharge forthwith.	23026

(C) If, upon completion of the hearing, the court finds by	23027
clear and convincing evidence that the respondent is a mentally	23028
retarded person subject to institutionalization by court order,	23029
the court may order the respondent's discharge or order the	23030
respondent, for a period not to exceed ninety days, to any of the	23031
following:	23032

(1) A public institution, provided that commitment of the	23033
respondent to the institution will not cause the institution to	23034
exceed its licensed capacity determined in accordance with section	23035
5123.19 of the Revised Code and provided that such a placement is	23036
indicated by the comprehensive evaluation report filed pursuant to	23037
section 5123.71 of the Revised Code;	23038

(2) A private institution;

23039

(3) A county mental retardation program;

23040

(4) Receive private habilitation and care;

23041

(5) Any other suitable facility, program, or the care of any	23042
person consistent with the comprehensive evaluation, assessment,	23043
diagnosis, prognosis, and habilitation needs of the respondent.	23044

(D) Any order made pursuant to division (C)(2), (4), or (5)	23045
of this section shall be conditional upon the receipt by the court	23046
of consent by the facility, program, or person to accept the	23047
respondent.	23048

(E) In determining the place to which, or the person with	23049
whom, the respondent is to be committed, the court shall consider	23050
the comprehensive evaluation, assessment, diagnosis, and projected	23051
habilitation plan for the respondent, and shall order the	23052
implementation of the least restrictive alternative available and	23053
consistent with habilitation goals.	23054

(F) If, at any time it is determined by the director of the	23055
facility or program to which, or the person to whom, the	23056
respondent is committed that the respondent could be equally well	23057
habilitated in a less restrictive environment that is available,	23058
the following shall occur:	23059

(1) The respondent shall be released by the director of the	23060
facility or program or by the person forthwith and referred to the	23061
court together with a report of the findings and recommendations	23062
of the facility, program, or person.	23063

(2) The director of the facility or program or the person	23064
shall notify the respondent's counsel and the designee of the	23065
director of ~~mental retardation and~~ developmental disabilities.	23066

(3) The court shall dismiss the case or order placement in	23067
the less restrictive environment.	23068

(G)(1) Except as provided in divisions (G)(2) and (3) of this	23069
section, any person who has been committed under this section may	23070
apply at any time during the ninety-day period for voluntary	23071
admission to an institution under section 5123.69 of the Revised	23072
Code. Upon admission of a voluntary resident, the managing officer	23073
immediately shall notify the court, the respondent's counsel, and	23074
the designee of the director in writing of that fact by mail or	23075
otherwise, and, upon receipt of the notice, the court shall	23076
dismiss the case.	23077

(2) A person who is found incompetent to stand trial or not	23078
guilty by reason of insanity and who is committed pursuant to	23079
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	23080
Code shall not be voluntarily admitted to an institution pursuant	23081
to division (G)(1) of this section until after the termination of	23082
the commitment, as described in division (J) of section 2945.401	23083
of the Revised Code.	23084

(H) If, at the end of any commitment period, the respondent	23085
has not already been discharged or has not requested voluntary	23086
admission status, the director of the facility or program, or the	23087
person to whose care the respondent has been committed, shall	23088
discharge the respondent forthwith, unless at least ten days	23089
before the expiration of that period the designee of the director	23090
of ~~mental retardation and~~ developmental disabilities or the	23091
prosecutor files an application with the court requesting	23092
continued commitment.	23093

(1) An application for continued commitment shall include a	23094
written report containing a current comprehensive evaluation and	23095
assessment, a diagnosis, a prognosis, an account of progress and	23096
past habilitation, and a description of alternative habilitation	23097
settings and plans, including a habilitation setting that is the	23098
least restrictive setting consistent with the need for	23099
habilitation. A copy of the application shall be provided to	23100
respondent's counsel. The requirements for notice under section	23101
5123.73 of the Revised Code and the provisions of divisions (A) to	23102
(E) of this section apply to all hearings on such applications.	23103

(2) A hearing on the first application for continued	23104
commitment shall be held at the expiration of the first ninety-day	23105
period. The hearing shall be mandatory and may not be waived.	23106

(3) Subsequent periods of commitment not to exceed one	23107
hundred eighty days each may be ordered by the court if the	23108
designee of the director of ~~mental retardation and~~ developmental	23109
disabilities files an application for continued commitment, after	23110
a hearing is held on the application or without a hearing if no	23111
hearing is requested and no hearing required under division (H)(4)	23112
of this section is waived. Upon the application of a person	23113
involuntarily committed under this section, supported by an	23114
affidavit of a licensed physician alleging that the person is no	23115
longer a mentally retarded person subject to institutionalization	23116
by court order, the court for good cause shown may hold a full	23117
hearing on the person's continued commitment prior to the	23118
expiration of any subsequent period of commitment set by the	23119
court.	23120

(4) A mandatory hearing shall be held at least every two	23121
years after the initial commitment.	23122

(5) If the court, after a hearing upon a request to continue	23123
commitment, finds that the respondent is a mentally retarded	23124
person subject to institutionalization by court order, the court	23125
may make an order pursuant to divisions (C), (D), and (E) of this	23126
section.	23127

(I) Notwithstanding the provisions of division (H) of this	23128
section, no person who is found to be a mentally retarded person	23129
subject to institutionalization by court order pursuant to	23130
division (O)(2) of section 5123.01 of the Revised Code shall be	23131
held under involuntary commitment for more than five years.	23132

(J) The managing officer admitting a person pursuant to a	23133
judicial proceeding, within ten working days of the admission,	23134
shall make a report of the admission to the department.	23135

Sec. 5123.801. If neither a discharged resident, nor a	23136
resident granted trial visit, nor the persons requesting the	23137
resident's trial visit or discharge are financially able to bear	23138
the expense of the resident's trial visit or discharge, the	23139
managing officer of an institution under the control of the	23140
department of ~~mental retardation and~~ developmental disabilities	23141
may then provide actual traveling and escort expenses to the	23142
township of which the resident resided at the time of	23143
institutionalization. The amount payable shall be charged to the	23144
current expense fund of the institution.	23145

The expense of the return of a resident on trial visit from	23146
an institution, if it cannot be paid by the responsible relatives,	23147
shall be borne by the county of institutionalization.	23148

The managing officer of the institution shall provide	23149
sufficient and proper clothing for traveling if neither the	23150
resident nor the persons requesting the resident's trial visit or	23151
discharge are financially able to provide that clothing.	23152

Sec. 5123.81. When an involuntarily committed resident of an	23153
institution for the mentally retarded is absent without leave, an	23154
order shall be issued within five days after ~~his~~the resident's	23155
absence requiring the resident to be taken into custody by any	23156
health or police officer, or sheriff and transported to the	23157
institution from which the resident is absent. The order may be	23158
issued by the director of ~~mental retardation and~~ developmental	23159
disabilities, the managing officer of the institution from which	23160
the resident is absent, or the probate judge of the county from	23161
which the resident was ordered institutionalized or in which he is	23162
found. The officer who takes the resident into custody shall	23163
immediately notify the issuer of the order.	23164

Sec. 5123.811. The managing officer of an institution under	23165
the control of the department of ~~mental retardation and~~	23166
developmental disabilities shall immediately report the removal,	23167
death, absence without leave, discharge, or trial visit of any	23168
resident, or return of an absent without leave or visiting	23169
resident to the department, the probate judge of the county from	23170
which such resident was institutionalized, and the probate judge	23171
of the county of the residence of such resident. In case of death,	23172
the managing officer shall also notify one or more of the nearest	23173
relatives of the deceased resident, if known to ~~him~~the managing	23174
officer, by letter, telegram, or telephone. If the place of	23175
residence of such relative is unknown to the managing officer,	23176
immediately upon receiving notification, the probate judge shall	23177
in the speediest manner possible notify such relatives, if known	23178
to ~~him~~the probate judge.	23179

The managing officer of the institution shall, upon the	23180
request of the probate judge of the county from which such	23181
resident was institutionalized or the probate judge of the county	23182
of the residence of such resident, make a report to such judge of	23183
the condition of any resident under the care, treatment, custody,	23184
or control of such managing officer.	23185

Sec. 5123.82. (A) Any person who has been institutionalized	23186
under this chapter may, at any time after discharge from such	23187
institution, make application to the managing officer of any	23188
public institution for habilitation and care if such person feels	23189
hethe person is in need of such services. If the chief program	23190
director determines the applicant to be in need of such services,	23191
the managing officer may provide such services as are required by	23192
the applicant.	23193

(B) Any person may apply to the managing officer of any	23194
public institution for habilitation and care if such person feels	23195
hethe person is in need of such services. If ~~his~~the person's	23196
condition warrants, hethe person's may be enrolled as an	23197
outpatient and, during such enrollment, hethe person may receive	23198
services subject to Chapter 5121. of the Revised Code.	23199

(C) The application prescribed in division (A) or (B) of this	23200
section may also be made on behalf of a minor by a parent,	23201
guardian, or custodian of a minor, and on behalf of an adult	23202
adjudicated incompetent by the guardian or custodian of the adult.	23203

(D) The managing officer of the public institution may refer	23204
any discharged resident who makes an application under this	23205
section to the director of any community mental retardation	23206
program serving the county in which such resident resides, or to	23207
such other facility as the director of ~~mental retardation and~~	23208
developmental disabilities may designate. Upon notice of such	23209
referral, the director of such program may provide the services	23210
required by the applicant.	23211

Sec. 5123.85. (A) All residents institutionalized pursuant	23212
to this chapter shall receive, within thirty days of their	23213
admission, a comprehensive evaluation, a diagnosis, a prognosis,	23214
and a description of habilitation goals consistent therewith.	23215

(B) All such residents shall have a written habilitation plan	23216
consistent with the comprehensive evaluation, diagnosis,	23217
prognosis, and goals which shall be provided, upon request of	23218
resident or resident's counsel, to resident's counsel and to any	23219
private physician designated by the resident or the resident's	23220
counsel.	23221

(C) All such residents shall receive habilitation and care	23222
consistent with the habilitation plan. The department of ~~mental~~	23223
~~retardation and~~ developmental disabilities shall set standards for	23224
habilitation and care provided to such residents, consistent	23225
wherever possible with standards set by the joint commission on	23226
accreditation of facilities for the mentally retarded.	23227

(D) All such residents shall receive periodic comprehensive	23228
re-evaluations of the habilitation plan by the professional staff	23229
of the institution at intervals not to exceed ninety days.	23230

(E) All such residents shall be provided with prompt and	23231
adequate medical treatment for any physical or mental disease or	23232
injury.	23233

Sec. 5123.86. (A) Except as provided in divisions (C), (D),	23234
(E), and (F) of this section, the chief medical officer shall	23235
provide all information, including expected physical and medical	23236
consequences, necessary to enable any resident of an institution	23237
for the mentally retarded to give a fully informed, intelligent,	23238
and knowing consent if any of the following procedures are	23239
proposed:	23240

(1) Surgery;

23241

(2) Convulsive therapy;

23242

(3) Major aversive interventions;

23243

(4) Sterilization;

23244

(5) Experimental procedures;

23245

(6) Any unusual or hazardous treatment procedures.

23246

(B) No resident shall be subjected to any of the procedures	23247
listed in division (A)(4), (5), or (6) of this section without the	23248
resident's informed consent.	23249

(C) If a resident is physically or mentally unable to receive	23250
the information required for surgery under division (A)(1) of this	23251
section, or has been adjudicated incompetent, the information may	23252
be provided to the resident's natural or court-appointed guardian,	23253
including an agency providing guardianship services under contract	23254
with the department of ~~mental retardation and~~ developmental	23255
disabilities under sections 5123.55 to 5123.59 of the Revised	23256
Code, who may give the informed, intelligent, and knowing written	23257
consent for surgery. Consent for surgery shall not be provided by	23258
a guardian who is an officer or employee of the department of	23259
mental health or the department of ~~mental retardation and~~	23260
developmental disabilities.	23261

If a resident is physically or mentally unable to receive the	23262
information required for surgery under division (A)(1) of this	23263
section and has no guardian, then the information, the	23264
recommendation of the chief medical officer, and the concurring	23265
judgment of a licensed physician who is not a full-time employee	23266
of the state may be provided to the court in the county in which	23267
the institution is located, which may approve the surgery. Before	23268
approving the surgery, the court shall notify the legal rights	23269
service created by section 5123.60 of the Revised Code, and shall	23270
notify the resident of the resident's rights to consult with	23271
counsel, to have counsel appointed by the court if the resident is	23272
indigent, and to contest the recommendation of the chief medical	23273
officer.	23274

(D) If, in the judgment of two licensed physicians, delay in	23275
obtaining consent for surgery would create a grave danger to the	23276
health of a resident, emergency surgery may be performed without	23277
the consent of the resident if the necessary information is	23278
provided to the resident's guardian, including an agency providing	23279
guardianship services under contract with the department of ~~mental~~	23280
~~retardation and~~ developmental disabilities under sections 5123.55	23281
to 5123.59 of the Revised Code, or to the resident's spouse or	23282
next of kin to enable that person or agency to give an informed,	23283
intelligent, and knowing written consent.	23284

If the guardian, spouse, or next of kin cannot be contacted	23285
through exercise of reasonable diligence, or if the guardian,	23286
spouse, or next of kin is contacted, but refuses to consent, then	23287
the emergency surgery may be performed upon the written	23288
authorization of the chief medical officer and after court	23289
approval has been obtained. However, if delay in obtaining court	23290
approval would create a grave danger to the life of the resident,	23291
the chief medical officer may authorize surgery, in writing,	23292
without court approval. If the surgery is authorized without court	23293
approval, the chief medical officer who made the authorization and	23294
the physician who performed the surgery shall each execute an	23295
affidavit describing the circumstances constituting the emergency	23296
and warranting the surgery and the circumstances warranting their	23297
not obtaining prior court approval. The affidavit shall be filed	23298
with the court with which the request for prior approval would	23299
have been filed within five court days after the surgery, and a	23300
copy of the affidavit shall be placed in the resident's file and	23301
shall be given to the guardian, spouse, or next of kin of the	23302
resident, to the hospital at which the surgery was performed, and	23303
to the legal rights service created by section 5123.60 of the	23304
Revised Code.	23305

(E)(1) If it is the judgment of two licensed physicians, as	23306
described in division (E)(2) of this section, that a medical	23307
emergency exists and delay in obtaining convulsive therapy creates	23308
a grave danger to the life of a resident who is both mentally	23309
retarded and mentally ill, convulsive therapy may be administered	23310
without the consent of the resident if the resident is physically	23311
or mentally unable to receive the information required for	23312
convulsive therapy and if the necessary information is provided to	23313
the resident's natural or court-appointed guardian, including an	23314
agency providing guardianship services under contract with the	23315
department of ~~mental retardation and~~ developmental disabilities	23316
under sections 5123.55 to 5123.59 of the Revised Code, or to the	23317
resident's spouse or next of kin to enable that person or agency	23318
to give an informed, intelligent, and knowing written consent. If	23319
neither the resident's guardian, spouse, nor next of kin can be	23320
contacted through exercise of reasonable diligence, or if the	23321
guardian, spouse, or next of kin is contacted, but refuses to	23322
consent, then convulsive therapy may be performed upon the written	23323
authorization of the chief medical officer and after court	23324
approval has been obtained.	23325

(2) The two licensed physicians referred to in division	23326
(E)(1) of this section shall not be associated with each other in	23327
the practice of medicine or surgery by means of a partnership or	23328
corporate arrangement, other business arrangement, or employment.	23329
At least one of the physicians shall be a psychiatrist as defined	23330
in division (E) of section 5122.01 of the Revised Code.	23331

(F) Major aversive interventions shall not be used unless a	23332
resident continues to engage in behavior destructive to self or	23333
others after other forms of therapy have been attempted. The	23334
director of the legal rights service created by section 5123.60 of	23335
the Revised Code shall be notified of any proposed major aversive	23336
intervention. Major aversive interventions shall not be applied to	23337
a voluntary resident without the informed, intelligent, and	23338
knowing written consent of the resident or the resident's	23339
guardian, including an agency providing guardianship services	23340
under contract with the department of ~~mental retardation and~~	23341
developmental disabilities under sections 5123.55 to 5123.59 of	23342
the Revised Code.	23343

(G)(1) This chapter does not authorize any form of compulsory	23344
medical or psychiatric treatment of any resident who is being	23345
treated by spiritual means through prayer alone in accordance with	23346
a recognized religious method of healing.	23347

(2) For purposes of this section, "convulsive therapy" does	23348
not include defibrillation.	23349

Sec. 5123.89. (A) All certificates, applications, records,	23350
and reports made for the purpose of this chapter, other than court	23351
journal entries or court docket entries, which directly or	23352
indirectly identify a resident or former resident of an	23353
institution for the mentally retarded or person whose	23354
institutionalization has been sought under this chapter shall be	23355
kept confidential and shall not be disclosed by any person except	23356
in the following situations:	23357

(1) It is the judgment of the court for judicial records, and	23358
the managing officer for institution records, that disclosure is	23359
in the best interest of the person identified, and that person or	23360
that person's guardian or, if that person is a minor, that	23361
person's parent or guardian consents.	23362

(2) Disclosure is provided for in other sections of this	23363
chapter.	23364

(3) It is the judgment of the managing officer for	23365
institution records that disclosure to a mental health facility is	23366
in the best interest of the person identified.	23367

(B) The department of ~~mental retardation and~~ developmental	23368
disabilities shall adopt rules with respect to the systematic and	23369
periodic destruction of residents' records.	23370

(C)(1) As used in this division, "family" means a parent,	23371
brother, sister, spouse, son, daughter, grandparent, aunt, uncle,	23372
or cousin.	23373

(2) Upon the death of a resident or former resident of an	23374
institution for the mentally retarded or a person whose	23375
institutionalization was sought under this chapter, the managing	23376
officer of an institution shall provide access to the	23377
certificates, applications, records, and reports made for the	23378
purposes of this chapter to the resident's, former resident's, or	23379
person's guardian if the guardian makes a written request. If a	23380
deceased resident, former resident, or person whose	23381
institutionalization was sought under this chapter did not have a	23382
guardian at the time of death, the managing officer shall provide	23383
access to the certificates, applications, records, and reports	23384
made for purposes of this chapter to a member of the person's	23385
family, upon that family member's written request.	23386

(D) No person shall reveal the contents of a record of a	23387
resident except as authorized by this chapter.	23388

Sec. 5123.90. The attorney general shall attend to all suits	23389
instituted on behalf of or against any public institution under	23390
the jurisdiction of the department of ~~mental retardation and~~	23391
developmental disabilities and the managing officer thereof.	23392

If a writ of habeas corpus is applied for, the clerk of the	23393
court shall give notice of the time and place of hearing to the	23394
attorney general.	23395

Sec. 5123.96. Costs, fees, and expenses of all proceedings	23396
held under this chapter shall be paid as follows:	23397

(A) To police and health officers, other than sheriffs or	23398
their deputies, the same fees allowed to constables, to be paid	23399
upon the approval of the probate judge;	23400

(B) To sheriffs or their deputies, the same fees allowed for	23401
similar services in the court of common pleas;	23402

(C) To physicians or licensed clinical psychologists acting	23403
as expert witnesses and to other expert witnesses designated by	23404
the court, an amount determined by the court;	23405

(D) To witnesses in an administrative proceeding, the same	23406
fees and mileage as are provided to witnesses by section 119.094	23407
of the Revised Code, and to witnesses in a judicial proceeding,	23408
the same fees and mileage as are provided to witnesses by section	23409
2335.06 of the Revised Code, to be paid upon the approval of the	23410
probate judge;	23411

(E) To a person, other than the sheriff or the sheriff's	23412
deputies, for taking a mentally retarded person to an institution	23413
or removing a mentally retarded person from an institution, the	23414
actual necessary expenses incurred, specifically itemized, and	23415
approved by the probate judge;	23416

(F) To assistants who convey mentally retarded persons to	23417
institutions when authorized by the probate judge, a fee set by	23418
the probate court, provided the assistants are not drawing a	23419
salary from the state or any political subdivision of the state,	23420
and their actual necessary expenses incurred, provided that the	23421
expenses are specifically itemized and approved by the probate	23422
judge;	23423

(G) To an attorney appointed by the probate division for an	23424
indigent who allegedly is a mentally retarded person pursuant to	23425
any section of this chapter, the fees that are determined by the	23426
probate division. When those indigent persons are before the	23427
court, all filing and recording fees shall be waived.	23428

(H) To a referee who is appointed to conduct proceedings	23429
under this chapter that involve a respondent whose domicile is or,	23430
before the respondent's institutionalization, was not the county	23431
in which the proceedings are held, compensation as fixed by the	23432
probate division, but not more than the compensation paid for	23433
similar proceedings for respondents whose domicile is in the	23434
county in which the proceedings are held;	23435

(I) To a court reporter appointed to make a transcript of	23436
proceedings under this chapter, the compensation and fees allowed	23437
in other cases under section 2101.08 of the Revised Code.	23438

All costs, fees, and expenses described in this section,	23439
after payment by the county from appropriations pursuant to	23440
section 2101.11 of the Revised Code, shall be certified by the	23441
county auditor to the department of ~~mental retardation and~~	23442
developmental disabilities within two months of the date the	23443
costs, fees, and expenses are incurred by the county. Payment	23444
shall be provided for by the director of budget and management	23445
upon presentation of properly verified vouchers. The director of	23446
~~mental retardation and~~ developmental disabilities may adopt rules	23447
in accordance with Chapter 119. of the Revised Code to implement	23448
the payment of costs, fees, and expenses under this section.	23449

Sec. 5126.01. As used in this chapter:

23450

(A) As used in this division, "adult" means an individual who	23451
is eighteen years of age or over and not enrolled in a program or	23452
service under Chapter 3323. of the Revised Code and an individual	23453
sixteen or seventeen years of age who is eligible for adult	23454
services under rules adopted by the director of ~~mental retardation~~	23455
~~and~~ developmental disabilities pursuant to Chapter 119. of the	23456
Revised Code.	23457

(1) "Adult services" means services provided to an adult	23458
outside the home, except when they are provided within the home	23459
according to an individual's assessed needs and identified in an	23460
individual service plan, that support learning and assistance in	23461
the area of self-care, sensory and motor development,	23462
socialization, daily living skills, communication, community	23463
living, social skills, or vocational skills.	23464

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

23465

(a) Adult day habilitation services;

23466

(b) Adult day care;

23467

23468

(d) Sheltered employment;

23469

(e) Educational experiences and training obtained through	23470
entities and activities that are not expressly intended for	23471
individuals with mental retardation and developmental	23472
disabilities, including trade schools, vocational or technical	23473
schools, adult education, job exploration and sampling, unpaid	23474
work experience in the community, volunteer activities, and	23475
spectator sports;	23476

(f) Community employment services and supported employment	23477
services.	23478

(B)(1) "Adult day habilitation services" means adult services	23479
that do the following:	23480

(a) Provide access to and participation in typical activities	23481
and functions of community life that are desired and chosen by the	23482
general population, including such activities and functions as	23483
opportunities to experience and participate in community	23484
exploration, companionship with friends and peers, leisure	23485
activities, hobbies, maintaining family contacts, community	23486
events, and activities where individuals without disabilities are	23487
involved;	23488

(b) Provide supports or a combination of training and	23489
supports that afford an individual a wide variety of opportunities	23490
to facilitate and build relationships and social supports in the	23491
community.	23492

(2) "Adult day habilitation services" includes all of the	23493
following:	23494

(a) Personal care services needed to ensure an individual's	23495
ability to experience and participate in vocational services,	23496
educational services, community activities, and any other adult	23497
day habilitation services;	23498

(b) Skilled services provided while receiving adult day	23499
habilitation services, including such skilled services as behavior	23500
management intervention, occupational therapy, speech and language	23501
therapy, physical therapy, and nursing services;	23502

(c) Training and education in self-determination designed to	23503
help the individual do one or more of the following: develop	23504
self-advocacy skills, exercise the individual's civil rights,	23505
acquire skills that enable the individual to exercise control and	23506
responsibility over the services received, and acquire skills that	23507
enable the individual to become more independent, integrated, or	23508
productive in the community;	23509

(d) Recreational and leisure activities identified in the	23510
individual's service plan as therapeutic in nature or assistive in	23511
developing or maintaining social supports;	23512

(e) Counseling and assistance provided to obtain housing,	23513
including such counseling as identifying options for either rental	23514
or purchase, identifying financial resources, assessing needs for	23515
environmental modifications, locating housing, and planning for	23516
ongoing management and maintenance of the housing selected;	23517

(f) Transportation necessary to access adult day habilitation	23518
services;	23519

(g) Habilitation management, as described in section 5126.14	23520
of the Revised Code.	23521

(3) "Adult day habilitation services" does not include	23522
activities that are components of the provision of residential	23523
services, family support services, or supported living services.	23524

23525

(1) In the case of a member of a county board of ~~mental~~	23526
~~retardation and~~ developmental disabilities appointed by, or to be	23527
appointed by, a board of county commissioners, the board of county	23528
commissioners;	23529

(2) In the case of a member of a county board appointed by,	23530
or to be appointed by, a senior probate judge, the senior probate	23531
judge.	23532

(D) "Community employment services" or "supported employment	23533
services" means job training and other services related to	23534
employment outside a sheltered workshop. "Community employment	23535
services" or "supported employment services" include all of the	23536
following:	23537

(1) Job training resulting in the attainment of competitive	23538
work, supported work in a typical work environment, or	23539
self-employment;	23540

(2) Supervised work experience through an employer paid to	23541
provide the supervised work experience;	23542

(3) Ongoing work in a competitive work environment at a wage	23543
commensurate with workers without disabilities;	23544

(4) Ongoing supervision by an employer paid to provide the	23545
supervision.	23546

(E) As used in this division, "substantial functional	23547
limitation," "developmental delay," and "established risk" have	23548
the meanings established pursuant to section 5123.011 of the	23549
Revised Code.	23550

"Developmental disability" means a severe, chronic disability	23551
that is characterized by all of the following:	23552

(1) It is attributable to a mental or physical impairment or	23553
a combination of mental and physical impairments, other than a	23554
mental or physical impairment solely caused by mental illness as	23555
defined in division (A) of section 5122.01 of the Revised Code;	23556

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

23557

(3) It is likely to continue indefinitely;

23558

(4) It results in one of the following:

23559

(a) In the case of a person under age three, at least one	23560
developmental delay or an established risk;	23561

(b) In the case of a person at least age three but under age	23562
six, at least two developmental delays or an established risk;	23563

(c) In the case of a person age six or older, a substantial	23564
functional limitation in at least three of the following areas of	23565
major life activity, as appropriate for the person's age:	23566
self-care, receptive and expressive language, learning, mobility,	23567
self-direction, capacity for independent living, and, if the	23568
person is at least age sixteen, capacity for economic	23569
self-sufficiency.	23570

(5) It causes the person to need a combination and sequence	23571
of special, interdisciplinary, or other type of care, treatment,	23572
or provision of services for an extended period of time that is	23573
individually planned and coordinated for the person.	23574

(F) "Early childhood services" means a planned program of	23575
habilitation designed to meet the needs of individuals with mental	23576
retardation or other developmental disabilities who have not	23577
attained compulsory school age.	23578

(G)(1) "Environmental modifications" means the physical	23579
adaptations to an individual's home, specified in the individual's	23580
service plan, that are necessary to ensure the individual's	23581
health, safety, and welfare or that enable the individual to	23582
function with greater independence in the home, and without which	23583
the individual would require institutionalization.	23584

(2) "Environmental modifications" includes such adaptations	23585
as installation of ramps and grab-bars, widening of doorways,	23586
modification of bathroom facilities, and installation of	23587
specialized electric and plumbing systems necessary to accommodate	23588
the individual's medical equipment and supplies.	23589

(3) "Environmental modifications" does not include physical	23590
adaptations or improvements to the home that are of general	23591
utility or not of direct medical or remedial benefit to the	23592
individual, including such adaptations or improvements as	23593
carpeting, roof repair, and central air conditioning.	23594

(H) "Family support services" means the services provided	23595
under a family support services program operated under section	23596
5126.11 of the Revised Code.	23597

(I) "Habilitation" means the process by which the staff of	23598
the facility or agency assists an individual with mental	23599
retardation or other developmental disability in acquiring and	23600
maintaining those life skills that enable the individual to cope	23601
more effectively with the demands of the individual's own person	23602
and environment, and in raising the level of the individual's	23603
personal, physical, mental, social, and vocational efficiency.	23604
Habilitation includes, but is not limited to, programs of formal,	23605
structured education and training.	23606

(J) "Home and community-based services" means medicaid-funded	23607
home and community-based services specified in division (B)(1) of	23608
section 5111.87 of the Revised Code and provided under the	23609
medicaid waiver components the department of ~~mental retardation~~	23610
~~and~~ developmental disabilities administers pursuant to section	23611
5111.871 of the Revised Code.	23612

(K) "Immediate family" means parents, grandparents, brothers,	23613
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,	23614
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and	23615
daughters-in-law.	23616

(L) "Medicaid" has the same meaning as in section 5111.01 of	23617
the Revised Code.	23618

(M) "Medicaid case management services" means case management	23619
services provided to an individual with mental retardation or	23620
other developmental disability that the state medicaid plan	23621
requires.	23622

(N) "Mental retardation" means a mental impairment manifested	23623
during the developmental period characterized by significantly	23624
subaverage general intellectual functioning existing concurrently	23625
with deficiencies in the effectiveness or degree with which an	23626
individual meets the standards of personal independence and social	23627
responsibility expected of the individual's age and cultural	23628
group.	23629

(O) "Residential services" means services to individuals with	23630
mental retardation or other developmental disabilities to provide	23631
housing, food, clothing, habilitation, staff support, and related	23632
support services necessary for the health, safety, and welfare of	23633
the individuals and the advancement of their quality of life.	23634
"Residential services" includes program management, as described	23635
in section 5126.14 of the Revised Code.	23636

(P) "Resources" means available capital and other assets,	23637
including moneys received from the federal, state, and local	23638
governments, private grants, and donations; appropriately	23639
qualified personnel; and appropriate capital facilities and	23640
equipment.	23641

(Q) "Senior probate judge" means the current probate judge of	23642
a county who has served as probate judge of that county longer	23643
than any of the other current probate judges of that county. If a	23644
county has only one probate judge, "senior probate judge" means	23645
that probate judge.	23646

(R) "Service and support administration" means the duties	23647
performed by a service and support administrator pursuant to	23648
section 5126.15 of the Revised Code.	23649

(S)(1) "Specialized medical, adaptive, and assistive	23650
equipment, supplies, and supports" means equipment, supplies, and	23651
supports that enable an individual to increase the ability to	23652
perform activities of daily living or to perceive, control, or	23653
communicate within the environment.	23654

(2) "Specialized medical, adaptive, and assistive equipment,	23655
supplies, and supports" includes the following:	23656

(a) Eating utensils, adaptive feeding dishes, plate guards,	23657
mylatex straps, hand splints, reaches, feeder seats, adjustable	23658
pointer sticks, interpreter services, telecommunication devices	23659
for the deaf, computerized communications boards, other	23660
communication devices, support animals, veterinary care for	23661
support animals, adaptive beds, supine boards, prone boards,	23662
wedges, sand bags, sidelayers, bolsters, adaptive electrical	23663
switches, hand-held shower heads, air conditioners, humidifiers,	23664
emergency response systems, folding shopping carts, vehicle lifts,	23665
vehicle hand controls, other adaptations of vehicles for	23666
accessibility, and repair of the equipment received.	23667

(b) Nondisposable items not covered by medicaid that are	23668
intended to assist an individual in activities of daily living or	23669
instrumental activities of daily living.	23670

(T) "Supportive home services" means a range of services to	23671
families of individuals with mental retardation or other	23672
developmental disabilities to develop and maintain increased	23673
acceptance and understanding of such persons, increased ability of	23674
family members to teach the person, better coordination between	23675
school and home, skills in performing specific therapeutic and	23676
management techniques, and ability to cope with specific	23677
situations.	23678

(U)(1) "Supported living" means services provided for as long	23679
as twenty-four hours a day to an individual with mental	23680
retardation or other developmental disability through any public	23681
or private resources, including moneys from the individual, that	23682
enhance the individual's reputation in community life and advance	23683
the individual's quality of life by doing the following:	23684

(a) Providing the support necessary to enable an individual	23685
to live in a residence of the individual's choice, with any number	23686
of individuals who are not disabled, or with not more than three	23687
individuals with mental retardation and developmental disabilities	23688
unless the individuals are related by blood or marriage;	23689

(b) Encouraging the individual's participation in the	23690
community;	23691

23692

(d) Assisting the individual in acquiring, retaining, and	23693
improving the skills and competence necessary to live successfully	23694
in the individual's residence.	23695

(2) "Supported living" includes the provision of all of the	23696
following:	23697

(a) Housing, food, clothing, habilitation, staff support,	23698
professional services, and any related support services necessary	23699
to ensure the health, safety, and welfare of the individual	23700
receiving the services;	23701

(b) A combination of lifelong or extended-duration	23702
supervision, training, and other services essential to daily	23703
living, including assessment and evaluation and assistance with	23704
the cost of training materials, transportation, fees, and	23705
supplies;	23706

23707

(d) Household maintenance that does not include modifications	23708
to the physical structure of the residence;	23709

(e) Respite care services;

23710

(f) Program management, as described in section 5126.14 of	23711
the Revised Code.	23712

Sec. 5126.011. Whenever a county board of mental retardation	23713
and developmental disabilities is referred to or designated in any	23714
statute, rule, contract, grant, or other document, the reference	23715
or designation shall be deemed to refer to a county board of	23716
developmental disabilities.	23717

Sec. 5126.02. (A) Each county shall either have its own	23718
county board of ~~mental retardation and~~ developmental disabilities	23719
or, pursuant to section 5126.021 or 5126.022 of the Revised Code,	23720
be a member of a multicounty board of ~~mental retardation and~~	23721
developmental disabilities. Subject to division (B) of this	23722
section:	23723

(1) A county board shall be operated as a separate	23724
administrative and service entity.	23725

(2) The functions of a county board shall not be combined	23726
with the functions of any other entity of county government.	23727

(B) Division (A) of this section does not prohibit or	23728
restrict any county board from sharing administrative functions or	23729
personnel with one or more other county boards, including entering	23730
into an arrangement authorized by division (B) of section	23731
5126.0226 of the Revised Code.	23732

Sec. 5126.021. Subject to sections 5126.024 and 5126.025 of	23733
the Revised Code, a multicounty board of ~~mental retardation and~~	23734
developmental disabilities may be created if each of the	23735
following, before January 1, 2007, and within a	23736
one-hundred-eighty-day period, adopt an identical resolution or	23737
issue an identical order providing for the creation of the	23738
multicounty board:	23739

(A) A majority of the members of each of the boards of county	23740
commissioners seeking to create the multicounty board;	23741

(B) The senior probate judge of each county served by those	23742
boards of county commissioners.	23743

Sec. 5126.022. Subject to sections 5126.024 and 5126.025 of	23744
the Revised Code, a county that is not part of the creation of a	23745
multicounty board of ~~mental retardation and~~ developmental	23746
disabilities under section 5126.021 of the Revised Code may join	23747
the multicounty board if each of the following, within a sixty-day	23748
period, adopt an identical resolution or issue an identical order	23749
providing for the county to join the multicounty board:	23750

(A) A majority of the members of the board of county	23751
commissioners of the county seeking to join the multicounty board;	23752

(B) A majority of the members of each of the boards of county	23753
commissioners that are members of the multicounty board;	23754

(C) The senior probate judge of the county seeking to join	23755
the multicounty board;	23756

(D) The senior probate judge of each of the counties that are	23757
members of the multicounty board.	23758

Sec. 5126.023. (A) Subject to section 5126.024 of the	23759
Revised Code, the board of county commissioners of a county that	23760
is a member of a multicounty board of ~~mental retardation and~~	23761
developmental disabilities and the senior probate judge of that	23762
county may terminate the county's membership in the multicounty	23763
board in the manner provided in this section. To terminate the	23764
county's membership in the multicounty board, the board of county	23765
commissioners shall adopt a resolution, and the senior probate	23766
judge shall issue an order, providing for the termination.	23767

(B) A resolution and order of termination adopted or issued	23768
under this section shall specify the last day that the county will	23769
be a member of the multicounty board. The resolution and order	23770
also shall provide for the county to do one of the following on	23771
the day immediately following the last day that the county will be	23772
a member of the multicounty board:	23773

(1) Create a single county board of ~~mental retardation and~~	23774
developmental disabilities;	23775

(2) If the day immediately following the last day that the	23776
county will be a member of the current multicounty board is before	23777
January 1, 2007, co-create a new multicounty board pursuant to	23778
section 5126.021 of the Revised Code;	23779

(3) Join a different multicounty board pursuant to section	23780
5126.022 of the Revised Code.	23781

(C) A resolution and an order of termination adopted or	23782
issued under this section shall include a plan for the equitable	23783
adjustment and division of all services, assets, property, debts,	23784
and obligations, if any, of the multicounty board that the county	23785
will cease to be a member of.	23786

(D) Any county terminating its membership in a multicounty	23787
board shall continue to have levied against its tax list and	23788
duplicate any tax levied by the board of county commissioners for	23789
mental retardation and developmental disability services during	23790
the period in which the county was a member of the multicounty	23791
board until the levy expires or is renewed or replaced.	23792

Sec. 5126.024. (A) If a board of county commissioners and	23793
senior probate judge propose to join in the creation of, join, or	23794
terminate the county's membership in a multicounty board of ~~mental~~	23795
~~retardation and~~ developmental disabilities as provided in section	23796
5126.021, 5126.022, or 5126.023 of the Revised Code, the board of	23797
county commissioners and judge shall do both of the following:	23798

(1) Notify the county board of ~~mental retardation and~~	23799
developmental disabilities in writing of their intent to join in	23800
the creation of, join, or terminate the county's membership in a	23801
multicounty board, including a written explanation of the	23802
administrative, fiscal, and performance considerations underlying	23803
the proposed action;	23804

(2) Provide the county board an opportunity to comment on the	23805
proposed action.	23806

(B) If the county board, not more than sixty days after	23807
receiving the notice under division (A) of this section, votes to	23808
oppose the proposed action and notifies the board of county	23809
commissioners and judge of the vote, the county may join in	23810
creation of a multicounty board, join a multicounty board, or	23811
terminate the county's membership in a multicounty board only on	23812
the unanimous vote of the board of county commissioners and the	23813
order of that judge to proceed with the creation of, joining, or	23814
termination of the county's membership in a multicounty board.	23815

Sec. 5126.025. Not more than five counties may be members of	23816
the same multicounty board of ~~mental retardation and~~ developmental	23817
disabilities. Only contiguous counties may be members of the same	23818
multicounty board.	23819

Sec. 5126.026. A board of county commissioners shall provide	23820
the director of ~~mental retardation and~~ developmental disabilities	23821
with a copy of each resolution the board adopts under section	23822
5126.021, 5126.022, or 5126.023 of the Revised Code. A senior	23823
probate judge shall provide the director with a copy of each order	23824
the judge issues under those sections.	23825

Sec. 5126.027. (A) A reference to a county board of ~~mental~~	23826
~~retardation and~~ developmental disabilities in a law enacted by the	23827
general assembly shall mean the following:	23828

(1) In the case of a county with its own county board, a	23829
single county board;	23830

(2) In the case of a county that is a member of a multicounty	23831
board, a multicounty board.	23832

(B) Unless the context provides otherwise, a law enacted by	23833
the general assembly that refers to a county, or an entity or	23834
official of a county, that a county board of ~~mental retardation~~	23835
~~and~~ developmental disabilities serves shall be deemed to refer to	23836
the following:	23837

(1) In the case of a county with a single county board, that	23838
county or the county entity or official specified in the law;	23839

(2) In the case of a county that is a member of a multicounty	23840
board, each of the counties that are members of the multicounty	23841
board or the specified entity or official of each of those	23842
counties.	23843

Sec. 5126.028. Each county board of ~~mental retardation and~~	23844
developmental disabilities shall consist of seven members. In the	23845
case of a single county board, the board of county commissioners	23846
of the county shall appoint five members and the senior probate	23847
judge of the county shall appoint two members. In the case of a	23848
multicounty board, the membership shall be appointed as follows:	23849

(A) If there are five member counties, the board of county	23850
commissioners of each of the member counties shall each appoint	23851
one member and the senior probate judges of the member counties	23852
with the largest and second largest population shall each appoint	23853
one member.	23854

(B) If there are four member counties, the board of county	23855
commissioners of the member county with the largest population	23856
shall appoint two members, the other three boards of county	23857
commissioners shall each appoint one member, and the senior	23858
probate judges of the member counties with the largest and second	23859
largest population shall each appoint one member.	23860

(C) If there are three member counties, the boards of county	23861
commissioners of the member counties with the largest and second	23862
largest populations shall each appoint two members, the other	23863
board of county commissioners shall appoint one member, and the	23864
senior probate judges of the member counties with the largest and	23865
second largest population shall each appoint one member.	23866

(D) If there are two member counties, the board of county	23867
commissioners of the member county with the largest population	23868
shall appoint three members, the board of county commissioners of	23869
the other county shall appoint two members, and the senior probate	23870
judge of each county shall each appoint one member.	23871

Sec. 5126.029. (A) When making appointments to a county	23872
board of ~~mental retardation and~~ developmental disabilities, an	23873
appointing authority shall do all of the following:	23874

(1) Appoint only individuals who are residents of the county	23875
the appointing authority serves, citizens of the United States,	23876
and interested and knowledgeable in the field of mental	23877
retardation and other allied fields;	23878

(2) If the appointing authority is a board of county	23879
commissioners, appoint, subject to division (B) of this section,	23880
at least two individuals who are immediate family members of	23881
individuals eligible for services provided by the county board	23882
and, whenever possible, ensure that one of those two members is an	23883
immediate family member of an individual eligible for adult	23884
services and the other is an immediate family member of an	23885
individual eligible for early intervention services or services	23886
for preschool or school-age children;	23887

(3) If the appointing authority is a senior probate judge,	23888
appoint, subject to division (B) of this section, at least one	23889
individual who is an immediate family member of an individual	23890
eligible for residential services or supported living;	23891

(4) Appoint, to the maximum extent possible, individuals who	23892
have professional training and experience in business management,	23893
finance, law, health care practice, personnel administration, or	23894
government service;	23895

(5) Provide for the county board's membership to reflect, as	23896
nearly as possible, the composition of the county or counties that	23897
the county board serves.	23898

(B) The appointing authorities of a multicounty board shall	23899
coordinate their appointments to the extent necessary to satisfy	23900
the requirements of this section. The coordination may provide for	23901
one of the boards of county commissioners making one of the two	23902
appointments required by division (A)(2) of this section and	23903
another board of county commissioners making the other appointment	23904
required by that division. The coordination shall ensure that at	23905
least one of the senior probate judges satisfies the requirement	23906
of division (A)(3) of this section.	23907

Sec. 5126.0210. (A) None of the following individuals may	23908
serve as a member of a county board of ~~mental retardation and~~	23909
developmental disabilities:	23910

(1) An elected public official, except for a township	23911
trustee, township fiscal officer, or individual excluded from the	23912
definition of public official or employee in division (B) of	23913
section 102.01 of the Revised Code;	23914

(2) An immediate family member of another county board	23915
member;	23916

(3) A county board employee or immediate family member of a	23917
county board employee;	23918

(4) A former employee of the county board whose employment	23919
with the county board ceased less than one calendar year before	23920
the former employee would begin to serve as a member of the county	23921
board;	23922

(5) An individual who or whose immediate family member is a	23923
board member or an employee of an agency licensed or certified by	23924
the department of ~~mental retardation and~~ developmental	23925
disabilities to provide services to individuals with mental	23926
retardation or developmental disabilities;	23927

(6) An individual who or whose immediate family member is a	23928
board member or employee of an agency contracting with the county	23929
board that is not licensed or certified by the department of	23930
~~mental retardation and~~ developmental disabilities to provide	23931
services to individuals with mental retardation or developmental	23932
disabilities unless there is no conflict of interest;	23933

(7) An individual with an immediate family member who serves	23934
as a county commissioner of a county served by the county board	23935
unless the individual was a member of the county board before	23936
October 31, 1980.	23937

(B) All questions relating to the existence of a conflict of	23938
interest for the purpose of division (A)(6) of this section shall	23939
be submitted to the local prosecuting attorney for resolution. The	23940
Ohio ethics commission may examine any issues arising under	23941
Chapter 102. and sections 2921.42, 2921.421, and 2921.43 of the	23942
Revised Code.	23943

Sec. 5126.0211. (A) No individual may be appointed or	23944
reappointed to a county board of ~~mental retardation and~~	23945
developmental disabilities unless the individual, before the	23946
appointment or reappointment, provides to the appointing authority	23947
a written declaration specifying both of the following:	23948

(1) That no circumstance described in section 5126.0210 of	23949
the Revised Code exists that bars the individual from serving on	23950
the county board;	23951

(2) Whether the individual or an immediate family member of	23952
the individual has an ownership interest in or is under contract	23953
with an agency contracting with the county board, and, if such an	23954
ownership interest or contract exists, the identity of the agency	23955
and the nature of the relationship to that agency.	23956

(B) On appointment or reappointment of an individual to the	23957
county board, the appointing authority shall provide a copy of the	23958
individual's declaration to the superintendent of the county	23959
board. The declaration is a public record for the purpose of	23960
section 149.43 of the Revised Code.	23961

Sec. 5126.0212. Except for members appointed under section	23962
5126.0214 of the Revised Code to fill a vacancy, members of a	23963
county board of ~~mental retardation and~~ developmental disabilities	23964
shall be appointed or reappointed not later than the last day of	23965
November, commence their terms on the date of the stated annual	23966
organizational meeting in the following January as provided under	23967
section 5126.0216 of the Revised Code, and serve terms of four	23968
years. The membership of an individual appointed as an immediate	23969
family member of a recipient of services shall not be terminated	23970
because the services are no longer received.	23971

Sec. 5126.0213. Except as otherwise provided in this section	23972
and section 5126.0225 of the Revised Code, a member of a county	23973
board of ~~mental retardation and~~ developmental disabilities may be	23974
reappointed to the county board. Prior to making a reappointment,	23975
the appointing authority shall ascertain, through written	23976
communication with the board, that the member being considered for	23977
reappointment meets the requirements of sections 5126.029 and	23978
5126.0225 of the Revised Code.	23979

A member who has served during each of three consecutive	23980
terms shall not be reappointed for a subsequent term until two	23981
years after ceasing to be a member of the county board, except	23982
that a member who has served for ten years or less within three	23983
consecutive terms may be reappointed for a subsequent term before	23984
becoming ineligible for reappointment for two years.	23985

Sec. 5126.0214. Within sixty days after a vacancy on a	23986
county board of ~~mental retardation and~~ developmental disabilities	23987
occurs, including a vacancy created under section 5126.0220 of the	23988
Revised Code, the appointing authority shall fill the vacancy for	23989
the unexpired term. Before filling a vacancy, the appointing	23990
authority shall cause a notice of the vacancy to be published on	23991
at least two separate dates in one or more newspapers serving the	23992
county or counties the county board serves.	23993

A member appointed to fill a vacancy occurring before the	23994
expiration of the term for which the member's predecessor was	23995
appointed shall hold office for the remainder of that term.	23996

Sec. 5126.0215. Members of a county board of ~~mental~~	23997
~~retardation and~~ developmental disabilities shall serve without	23998
compensation, but shall be reimbursed for necessary expenses	23999
incurred in the conduct of county board business, including	24000
expenses that are incurred in the member's county of residence in	24001
accordance with an established policy of the county board.	24002

Sec. 5126.0216. Each county board of ~~mental retardation and~~	24003
developmental disabilities shall hold an organizational meeting no	24004
later than the thirty-first day of January of each year and shall	24005
elect its officers, which shall include a president,	24006
vice-president, and recording secretary. After its annual	24007
organizational meeting, the board shall meet in such manner and at	24008
such times as prescribed by rules adopted by the board, but the	24009
board shall meet at least ten times annually in regularly	24010
scheduled sessions in accordance with section 121.22 of the	24011
Revised Code, not including in-service training sessions. A	24012
majority of the board constitutes a quorum. The board shall adopt	24013
rules for the conduct of its business and a record shall be kept	24014
of board proceedings, which shall be open for public inspection.	24015

Sec. 5126.0217. Each year, each member of a county board of	24016
~~mental retardation and~~ developmental disabilities shall attend at	24017
least four hours of in-service training provided or approved by	24018
the department of ~~mental retardation and~~ developmental	24019
disabilities. This training shall not be considered regularly	24020
scheduled meetings of the county board.	24021

Sec. 5126.0218. A member of a county board of ~~mental~~	24022
~~retardation and~~ developmental disabilities shall be considered	24023
present at an in-service training session even though the member	24024
is not physically present in the room in which the session is held	24025
if the member is connected to the session through a system that	24026
enables the member to communicate with the individuals	24027
participating in the session and such individuals to communicate	24028
with the member.	24029

Sec. 5126.0219. In no circumstance shall a member of a	24030
county board of ~~mental retardation and~~ developmental disabilities	24031
participate in or vote on any matter before the county board	24032
concerning a contract agency of which the member or an immediate	24033
family member of the member is also a board member or an employee.	24034

Sec. 5126.0220. (A) Subject to sections 5126.0221 and	24035
5126.0223 of the Revised Code, an appointing authority shall	24036
remove a member of a county board of ~~mental retardation and~~	24037
developmental disabilities for any of the following reasons:	24038

(1) Neglect of duty;

24039

(2) Misconduct;

24040

(3) Malfeasance;

24041

(4) Ineligibility to serve on the county board pursuant to	24042
section 5126.0210 of the Revised Code;	24043

(5) Failure to attend at least four hours of in-service	24044
training session each year;	24045

(6) Failure to attend within one year four regularly	24046
scheduled board meetings;	24047

(7) Failure to attend within one year two regularly scheduled	24048
board meetings if the member gave no prior notice of the member's	24049
absence;	24050

(8) Consistently poor performance on the county board, as	24051
demonstrated by documentation that the president of the county	24052
board provides to the appointing authority and the appointing	24053
authority determines is convincing evidence.	24054

(B) The removal provisions of divisions (A)(6) and (7) of	24055
this section do not apply to absences from special meetings or	24056
work sessions.	24057

Sec. 5126.0221. An appointing authority shall not remove a	24058
member of a county board of ~~mental retardation and~~ developmental	24059
disabilities from the county board by reason of division (A)(5),	24060
(6), or (7) of section 5126.0220 of the Revised Code if the	24061
director of ~~mental retardation and~~ developmental disabilities	24062
waives the requirement that the member be removed. The director	24063
may issue the waiver only if the appointing authority requests	24064
that the director issue the waiver and provides the director	24065
evidence that is satisfactory to the director that the member's	24066
absences from the in-service training sessions or regularly	24067
scheduled board meetings are due to a serious health problem of	24068
the member or a member of the member's immediate family. The	24069
director's decision on whether to issue the waiver is final and	24070
not subject to appeal.	24071

The county board on which the member serves may pass a	24072
resolution urging the appointing authority to request that the	24073
director issue the waiver. The member whose absences from the	24074
sessions or meetings are at issue may not vote on the resolution.	24075
The appointing authority may request the waiver regardless of	24076
whether the county board adopts the resolution.	24077

Sec. 5126.0222. If there are grounds for the mandatory	24078
removal of a member of a county board of ~~mental retardation and~~	24079
developmental disabilities under section 5126.0220 of the Revised	24080
Code, the county board shall supply the board member and the	24081
member's appointing authority with written notice of the grounds.	24082

Sec. 5126.0223. An appointing authority shall afford a	24083
member of a county board of ~~mental retardation and~~ developmental	24084
disabilities an opportunity for a hearing on the member's proposed	24085
removal in accordance with procedures the appointing authority	24086
shall establish, unless the appointing authority requested that	24087
the director of ~~mental retardation and~~ developmental disabilities	24088
waive the mandatory removal under section 5126.0221 of the Revised	24089
Code and the director refused to issue the waiver. The appointing	24090
authority shall hold the hearing if the member requests the	24091
hearing not later than thirty days after the date that the county	24092
board sends the member the notice required by section 5126.0222 of	24093
the Revised Code.	24094

Sec. 5126.0224. If a member of a county board of ~~mental~~	24095
~~retardation and~~ developmental disabilities requests a hearing	24096
within the time required by section 5126.0223 of the Revised Code,	24097
the appointing authority may not remove the member from the board	24098
before the conclusion of the hearing.	24099

Sec. 5126.0225. A member of a county board of ~~mental~~	24100
~~retardation and~~ developmental disabilities who is removed from the	24101
county board is ineligible for reappointment to the board for not	24102
less than one year. The appointing authority shall specify the	24103
time during which the member is ineligible for reappointment. If	24104
the member is removed under division (A)(5) of section 5126.0220	24105
of the Revised Code, the county board shall specify the training	24106
the member must complete before being eligible for reappointment.	24107

Sec. 5126.0226. (A) Each county board of ~~mental retardation~~	24108
~~and~~ developmental disabilities shall either employ a	24109
superintendent or obtain the services of the superintendent of	24110
another county board of ~~mental retardation and~~ developmental	24111
disabilities. The board shall provide for a superintendent who is	24112
qualified, as specified in rules adopted by the department of	24113
~~mental retardation and~~ developmental disabilities in accordance	24114
with Chapter 119. of the Revised Code. The superintendent shall	24115
have no voting privileges on the board.	24116

The board shall prescribe the duties of its superintendent	24117
and review the superintendent's performance. The superintendent	24118
may be removed, suspended, or demoted for cause pursuant to	24119
section 5126.23 of the Revised Code. The board shall fix the	24120
superintendent's compensation and reimburse the superintendent for	24121
actual and necessary expenses.	24122

Each county board that employs its own superintendent shall	24123
employ the superintendent under a contract. To enter into a	24124
contract, the board shall adopt a resolution agreeing to the	24125
contract. Each contract for employment or re-employment of a	24126
superintendent shall be for a term of not less than one and not	24127
more than five years. At the expiration of a superintendent's	24128
current term of employment, the superintendent may be re-employed.	24129
If the board intends not to re-employ the superintendent, the	24130
board shall give the superintendent written notification of its	24131
intention. The notice shall be given not less than ninety days	24132
prior to the expiration of the superintendent's contract.	24133

(B) Two or more county boards may enter into an arrangement	24134
under which the superintendent of one county board acts as the	24135
superintendent of another county board. To enter into such an	24136
arrangement, each board shall adopt a resolution agreeing to the	24137
arrangement. The resolutions shall specify the duration of the	24138
arrangement and the contribution each board is to make to the	24139
superintendent's compensation and reimbursement for expenses.	24140

(C) If a vacancy occurs in the position of superintendent, a	24141
county board may appoint a person who holds a valid	24142
superintendent's certificate issued under the rules of the	24143
department to work under a contract for an interim period not to	24144
exceed one hundred eighty days until a permanent superintendent	24145
can be employed or arranged for under division (A) or (B) of this	24146
section. The director of the department may approve additional	24147
periods of time for these types of interim appointments when so	24148
requested by a resolution adopted by a county board, if the	24149
director determines that the additional periods are warranted and	24150
the services of a permanent superintendent are not available.	24151

Sec. 5126.0227. The superintendent of the county board of	24152
~~mental retardation and~~ developmental disabilities shall:	24153

(A) Administer the work of the board, subject to the board's	24154
rules;	24155

(B) Recommend to the board the changes necessary to increase	24156
the effectiveness of the programs and services offered pursuant to	24157
Chapters 3323. and 5126. of the Revised Code;	24158

(C) Employ persons for all positions authorized by the board,	24159
approve contracts of employment for management employees that are	24160
for a term of one year or less, and approve personnel actions that	24161
involve employees in the classified civil service as may be	24162
necessary for the work of the board;	24163

(D) Approve compensation for employees within the limits set	24164
by the salary schedule and budget set by the board and in	24165
accordance with section 5126.26 of the Revised Code, and ensure	24166
that all employees and consultants are properly reimbursed for	24167
actual and necessary expenses incurred in the performance of	24168
official duties;	24169

(E) Provide consultation to public agencies as defined in	24170
division (C) of section 102.01 of the Revised Code, including	24171
other county boards of ~~mental retardation and~~ developmental	24172
disabilities, and to individuals, agencies, or organizations	24173
providing services supported by the board.	24174

The superintendent may authorize the payment of board	24175
obligations by the county auditor.	24176

Sec. 5126.0228. (A) As used in this section, "specialized	24177
services" has the same meaning as in section 5126.281 of the	24178
Revised Code.	24179

(B) Except as provided in division (C) of section 5126.033 of	24180
the Revised Code, none of the following individuals may be	24181
employed by a county board of ~~mental retardation and~~ developmental	24182
disabilities:	24183

(1) An employee of an agency contracting with the county	24184
board;	24185

(2) An immediate family member of an employee of an agency	24186
contracting with the county board unless the county board adopts a	24187
resolution authorizing the immediate family member's employment	24188
with the county board or the employment is consistent with a	24189
policy adopted by the board establishing parameters for such	24190
employment and the policy is consistent with Chapter 102. and	24191
sections 2921.42, 2921.421, and 2921.43 of the Revised Code;	24192

(3) An individual with an immediate family member who serves	24193
as a county commissioner of any of the counties served by the	24194
county board unless the individual was an employee of the county	24195
board before October 31, 1980;	24196

(4) An individual who is employed by, has an ownership	24197
interest in, performs or provides administrative duties for, or is	24198
a member of the governing board of an entity that provides	24199
specialized services, regardless of whether the entity contracts	24200
with the county board to provide specialized services.	24201

Sec. 5126.0229. As used in this section, "specialized	24202
services" has the same meaning as in section 5126.281 of the	24203
Revised Code.	24204

Notwithstanding any provision of the Revised Code to the	24205
contrary, including applicable provisions of sections 102.03,	24206
102.04, 2921.42, and 2921.43 of the Revised Code, an employee of a	24207
county board of ~~mental retardation and~~ developmental disabilities	24208
also may be a member of the governing board of a political	24209
subdivision, including the board of education of a school	24210
district, or an agency that does not provide specialized services.	24211
The county board may contract with such a governing board even	24212
though the governing board includes an individual who is an	24213
employee of the county board. That member of the governing board	24214
may not vote on any matter before the governing board concerning a	24215
contract with the county board or participate in any discussion or	24216
debate regarding such a contract.	24217

Sec. 5126.03. As used in this section and in sections	24218
5126.031 to 5126.034 of the Revised Code:	24219

(A) "Direct services contract" means any legally enforceable	24220
agreement with an individual, agency, or other entity that,	24221
pursuant to its terms or operation, may result in a payment from a	24222
county board of ~~mental retardation and~~ developmental disabilities	24223
to an eligible person or to a member of the immediate family of an	24224
eligible person for services rendered to the eligible person.	24225
"Direct services contract" includes a contract for supported	24226
living pursuant to sections 5126.40 to 5126.47 of the Revised	24227
Code, family support services under section 5126.11 of the Revised	24228
Code, and reimbursement for transportation expenses.	24229

(B) "Eligible person" means a person eligible to receive	24230
services from a county board or from an entity under contract with	24231
a county board.	24232

(C) "Former board member" means a person whose service on the	24233
county board ended less than one year prior to commencement of	24234
services under a direct services contract.	24235

(D) "Former employee" means a person whose employment by the	24236
county board ended less than one year prior to commencement of	24237
services under a direct services contract.	24238

Sec. 5126.031. (A) Except as provided in division (B) of	24239
this section, annually at the organizational meeting required by	24240
section 5126.0216 of the Revised Code, the chairperson of the	24241
county board of ~~mental retardation and~~ developmental disabilities	24242
shall appoint three members of the board to an ethics council to	24243
review all direct services contracts. The board's chairperson may	24244
be one of those appointed. The superintendent of the board shall	24245
be a nonvoting member of the council. The chairperson shall not	24246
appoint a person to the council if the person, or any member of	24247
the person's immediate family, will have any interest in any	24248
direct services contract under review by the council while the	24249
person serves on the council or during the twelve-month period	24250
after completing service on the council. If a council member or a	24251
member of the council member's immediate family has or will have	24252
such an interest, the chairperson shall replace the member by	24253
appointing another board member to the council.	24254

The council shall meet regularly as directed by the board to	24255
perform its duties. Minutes shall be kept of the actions of the	24256
council. The minutes shall be part of the public record of the	24257
county board.	24258

Any action taken by the council on direct services contracts	24259
under its review shall be in public. The council shall afford an	24260
affected party the opportunity to meet with the council on matters	24261
related to a direct services contract or any action taken by the	24262
council.	24263

(B) If a county board establishes a policy specifying that	24264
the board is not willing to enter into direct services contracts	24265
with any person who is a board member or former board member or a	24266
member of the immediate family of a board member or former board	24267
member, the board may assume the responsibilities and perform the	24268
duties of an ethics council specified in section 5126.032 of the	24269
Revised Code. The policy shall be established by resolution	24270
adopted by a majority of the members of the board in attendance at	24271
a meeting at which there is a quorum and shall be in effect for	24272
one year after its adoption, at which time the board shall, by	24273
resolution adopted in the same manner as the initial resolution,	24274
either renew the policy or establish a new one.	24275

Sec. 5126.032. (A) The ethics council appointed for a county	24276
board of ~~mental retardation and~~ developmental disabilities shall	24277
review all direct services contracts, and approve or disapprove	24278
each contract in accordance with the standards in section 5126.033	24279
of the Revised Code. The council shall develop, in consultation	24280
with the prosecuting attorney, and recommend to the board ethical	24281
standards, contract audit procedures, and grievance procedures	24282
with respect to the award and reconciliation of direct services	24283
contracts. The superintendent, or an employee of the county board	24284
designated by the superintendent, shall, in accordance with a	24285
policy established by the county board, certify to the council a	24286
copy of each proposed direct services contract or contract renewal	24287
at a reasonable time before the contract would take effect if	24288
entered into or renewed, if, at the time the contract or renewal	24289
is proposed, resources approved by the board for such purposes are	24290
available.	24291

The council shall promptly review each direct services	24292
contract certified to it. If the contract does not meet the	24293
conditions specified in section 5126.033 of the Revised Code, the	24294
council shall recommend that the board not enter into the contract	24295
or suggest specified revisions. The superintendent shall provide	24296
all the information the council needs to make its determinations.	24297

The council shall certify to the board its recommendation	24298
with regard to each contract. Except as provided in division (B)	24299
of this section, the board, by resolution, shall enter into each	24300
direct services contract that the council recommends or recommends	24301
with specified revisions. The board shall not enter into any	24302
contract that is not recommended by the council or enter into any	24303
contract to which revisions are suggested if the contract does not	24304
include the specified revisions.	24305

(B) The prosecuting attorney, at the request of the board,	24306
shall prepare a legal review of any direct services contract that	24307
has been recommended, or recommended with revisions, by the	24308
council. The board shall enter into only those contracts submitted	24309
for review that are determined by the prosecuting attorney to be	24310
in compliance with state law.	24311

Sec. 5126.033. (A) A county board of ~~mental retardation and~~	24312
developmental disabilities shall not enter into a direct services	24313
contract unless the contract is limited either to the actual	24314
amount of the expenses or to a reasonable and allowable amount	24315
projected by the board.	24316

(B) A county board shall not enter into a direct services	24317
contract that would result in payment to a board member, former	24318
board member, employee, former employee, or member of the	24319
immediate family of a board member, former board member, employee,	24320
or former employee if the person who would receive services under	24321
the contract stands to receive any preferential treatment or any	24322
unfair advantage over other eligible persons.	24323

(C) A county board shall not enter into a direct services	24324
contract for services provided in accordance with section 5126.11	24325
or sections 5126.40 to 5126.46 of the Revised Code under which an	24326
individual, agency, or other entity will employ an individual who	24327
is also an employee of that county board unless all of the	24328
following conditions are met:	24329

(1) The employee is not in a capacity to influence the award	24330
of the contract.	24331

(2) The employee has not attempted in any manner to secure	24332
the contract on behalf of the individual, agency, or other entity.	24333

(3) The employee is not employed in management level two or	24334
three according to rules adopted by the director of ~~mental~~	24335
~~retardation and~~ developmental disabilities and does not provide	24336
service and support administration.	24337

(4) The employee is not employed by the board during the	24338
period when the contract is developed as an administrator or	24339
supervisor responsible for approving or supervising services to be	24340
provided under the contract and agrees not to take such a position	24341
while the contract is in effect, regardless of whether the	24342
position is related to the services provided under the contract.	24343

(5) The employee has not taken any actions that create the	24344
need for the services to be provided under the contract.	24345

(6) The individual, agency, or other entity seeks the	24346
services of the employee because of the employee's expertise and	24347
familiarity with the care and condition of one or more eligible	24348
persons and other individuals with such expertise and familiarity	24349
are unavailable, or an eligible person has requested to have the	24350
services provided by that employee.	24351

The superintendent of the county board shall notify the	24352
employee and the individual, agency, or other entity that seeks	24353
the employee's services of the ethics council's determination	24354
under section 5126.032 of the Revised Code regarding the contract.	24355
The council's determination shall be binding on all parties.	24356

The employee who is the subject of the contract shall inform	24357
the superintendent of the county board of any employment the	24358
employee has outside the county board that is with any individual,	24359
agency, or other entity that has a contract with the county board.	24360

Sec. 5126.034. (A) If the requirements of section 5126.033	24361
of the Revised Code have been met for a particular direct services	24362
contract, a member or former member of a county board of ~~mental~~	24363
~~retardation and~~ developmental disabilities, an employee or former	24364
employee of a county board, or an immediate family member of a	24365
member, former member, employee, or former employee of a county	24366
board is not in violation of the restrictions in Chapter 102. and	24367
sections 2921.42 and 5126.0210 of the Revised Code with regard to	24368
that contract.	24369

(B) Nothing in section 5126.033 of the Revised Code shall be	24370
construed to allow a member or employee of a county board to	24371
authorize, or use the authority of the member's or employee's	24372
office or employment to secure authorization of, a contract that	24373
could result in receipt by the county board member or employee or	24374
a member of the immediate family of the county board member or	24375
employee of payment for expenses incurred on behalf of an	24376
immediate family member who is an eligible person.	24377

Sec. 5126.037. No county board of ~~mental retardation and~~	24378
developmental disabilities shall contract with a nongovernmental	24379
agency whose board includes a county commissioner of any of the	24380
counties served by the county board.	24381

Sec. 5126.038. (A) As used in this section, "professional	24382
services" means all of the following services provided on behalf	24383
of a county board of ~~mental retardation and~~ developmental	24384
disabilities, members or employees of a county board, or both:	24385

(1) Lobbying and other governmental affairs services;

24386

(2) Legal services other than the legal services provided by	24387
a county prosecutor or provided for the purpose of collective	24388
bargaining;	24389

(3) Public relation services;

24390

(4) Consulting services;

24391

(5) Personnel training services, not including tuition or	24392
professional growth reimbursement programs for county board	24393
members or employees.	24394

(B) Each county board of ~~mental retardation and~~ developmental	24395
disabilities shall submit to the board of county commissioners of	24396
each county that is served by the county board, in accordance with	24397
the normal budget process and as part of its budget request, a	24398
list identifying the total expenditures projected for any of the	24399
following:	24400

(1) Any membership dues of the members or employees of the	24401
county board, in any organization, association, or other entity;	24402

(2) Any professional services of the county board, its	24403
members or employees, or both;	24404

(3) Any training of the members or employees of the county	24405
board.	24406

Sec. 5126.04. (A) Each county board of ~~mental retardation~~	24407
~~and~~ developmental disabilities shall plan and set priorities based	24408
on available resources for the provision of facilities, programs,	24409
and other services to meet the needs of county residents who are	24410
individuals with mental retardation and other developmental	24411
disabilities, former residents of the county residing in state	24412
institutions or placed under purchase of service agreements under	24413
section 5123.18 of the Revised Code, and children subject to a	24414
determination made pursuant to section 121.38 of the Revised Code.	24415

Each county board shall assess the facility and service needs	24416
of the individuals with mental retardation and other developmental	24417
disabilities who are residents of the county or former residents	24418
of the county residing in state institutions or placed under	24419
purchase of service agreements under section 5123.18 of the	24420
Revised Code.	24421

Each county board shall require individual habilitation or	24422
service plans for individuals with mental retardation and other	24423
developmental disabilities who are being served or who have been	24424
determined eligible for services and are awaiting the provision of	24425
services. Each board shall ensure that methods of having their	24426
service needs evaluated are available.	24427

(B)(1) If a foster child is in need of assessment for	24428
eligible services or is receiving services from a county board of	24429
~~mental retardation and~~ developmental disabilities and that child	24430
is placed in a different county, the agency that placed the child,	24431
immediately upon placement, shall inform the county board in the	24432
new county all of the following:	24433

(a) That a foster child has been placed in that county;

24434

(b) The name and other identifying information of the foster	24435
child;	24436

(c) The name of the foster child's previous county of	24437
residence;	24438

(d) That the foster child was in need of assessment for	24439
eligible services or was receiving services from the county board	24440
of ~~mental retardation and~~ developmental disabilities in the	24441
previous county.	24442

(2) Upon receiving the notice described in division (B)(1) of	24443
this section or otherwise learning that the child was in need of	24444
assessment for eligible services or was receiving services from a	24445
county board of ~~mental retardation and~~ developmental disabilities	24446
in the previous county, the county board in the new county shall	24447
communicate with the county board of the previous county to	24448
determine how services for the foster child shall be provided in	24449
accordance with each board's plan and priorities as described in	24450
division (A) of this section.	24451

If the two county boards are unable to reach an agreement	24452
within ten days of the child's placement, the county board in the	24453
new county shall send notice to the Ohio department of ~~mental~~	24454
~~retardation and~~ developmental disabilities of the failure to	24455
agree. The department shall decide how services shall be provided	24456
for the foster child within ten days of receiving notice that the	24457
county boards could not reach an agreement. The department may	24458
decide that one, or both, of the county boards shall provide	24459
services. The services shall be provided in accordance with the	24460
board's plan and priorities as described in division (A) of this	24461
section.	24462

(C) The department of ~~mental retardation and~~ developmental	24463
disabilities may adopt rules in accordance with Chapter 119. of	24464
the Revised Code as necessary to implement this section. To the	24465
extent that rules adopted under this section apply to the	24466
identification and placement of children with disabilities under	24467
Chapter 3323. of the Revised Code, the rules shall be consistent	24468
with the standards and procedures established under sections	24469
3323.03 to 3323.05 of the Revised Code.	24470

(D) The responsibility or authority of a county board to	24471
provide services under this chapter does not affect the	24472
responsibility of any other entity of state or local government to	24473
provide services to individuals with mental retardation and	24474
developmental disabilities.	24475

(E) On or before the first day of February prior to a school	24476
year, a county board of ~~mental retardation and~~ developmental	24477
disabilities may elect not to participate during that school year	24478
in the provision of or contracting for educational services for	24479
children ages six through twenty-one years of age, provided that	24480
on or before that date the board gives notice of this election to	24481
the superintendent of public instruction, each school district in	24482
the county, and the educational service center serving the	24483
county. If a board makes this election, it shall not have any	24484
responsibility for or authority to provide educational services	24485
that school year for children ages six through twenty-one years	24486
of age. If a board does not make an election for a school year in	24487
accordance with this division, the board shall be deemed to have	24488
elected to participate during that school year in the provision	24489
of or contracting for educational services for children ages six	24490
through twenty-one years of age.	24491

(F) If a county board of ~~mental retardation and~~	24492
developmental disabilities elects to provide educational services	24493
during a school year to individuals six through twenty-one years	24494
of age who have multiple disabilities, the board may provide these	24495
services to individuals who are appropriately identified and	24496
determined eligible pursuant to Chapter 3323. of the Revised Code,	24497
and in accordance with applicable rules of the state board of	24498
education. The county board may also provide related services to	24499
individuals six through twenty-one years of age who have one or	24500
more disabling conditions, in accordance with section 3317.20 and	24501
Chapter 3323. of the Revised Code and applicable rules of the	24502
state board of education.	24503

Sec. 5126.041. (A) As used in this section:

24504

(1) "Biological risk" and "environmental risk" have the	24505
meanings established pursuant to section 5123.011 of the Revised	24506
Code.	24507

(2) "Preschool child with a disability" has the same	24508
meaning as in section 3323.01 of the Revised Code.	24509

(3) "State institution" means all or part of an institution	24510
under the control of the department of ~~mental retardation and~~	24511
developmental disabilities pursuant to section 5123.03 of the	24512
Revised Code and maintained for the care, treatment, and training	24513
of the mentally retarded.	24514

(B) Except as provided in division (C) of this section, each	24515
county board of ~~mental retardation and~~ developmental disabilities	24516
shall make eligibility determinations in accordance with the	24517
definition of "developmental disability" in section 5126.01 of the	24518
Revised Code. Pursuant to rules the department of ~~mental~~	24519
~~retardation and~~ developmental disabilities shall adopt in	24520
accordance with Chapter 119. of the Revised Code, a county board	24521
may establish eligibility for programs and services for either of	24522
the following:	24523

(1) Individuals under age six who have a biological risk or	24524
environmental risk of a developmental delay;	24525

(2) Any preschool child with a disability eligible for	24526
services under section 3323.02 of the Revised Code whose	24527
disability is not attributable solely to mental illness as	24528
defined in section 5122.01 of the Revised Code.	24529

(C)(1) A county board shall make determinations of	24530
eligibility for service and support administration in accordance	24531
with rules adopted under section 5126.08 of the Revised Code.	24532

(2) All persons who were eligible for services and enrolled	24533
in programs offered by a county board of ~~mental retardation and~~	24534
developmental disabilities pursuant to this chapter on July 1,	24535
1991, shall continue to be eligible for those services and to be	24536
enrolled in those programs as long as they are in need of	24537
services.	24538

(3) A person who resided in a state institution on or before	24539
October 29, 1993, is eligible for programs and services offered by	24540
a county board of ~~mental retardation and~~ developmental	24541
disabilities, unless the person is determined by the county board	24542
not to be in need of those programs and services.	24543

(D) A county board shall refer a person who requests but is	24544
not eligible for programs and services offered by the board to	24545
other entities of state and local government or appropriate	24546
private entities that provide services.	24547

(E) Membership of a person on, or employment of a person by,	24548
a county board of ~~mental retardation and~~ developmental	24549
disabilities does not affect the eligibility of any member of that	24550
person's family for services provided by the board or by any	24551
entity under contract with the board.	24552

Sec. 5126.042. (A) As used in this section:

24553

(1) "Emergency" means any situation that creates for an	24554
individual with mental retardation or developmental disabilities	24555
a risk of substantial self-harm or substantial harm to others if	24556
action is not taken within thirty days. An "emergency" may include	24557
one or more of the following situations:	24558

(a) Loss of present residence for any reason, including legal	24559
action;	24560

(b) Loss of present caretaker for any reason, including	24561
serious illness of the caretaker, change in the caretaker's	24562
status, or inability of the caretaker to perform effectively for	24563
the individual;	24564

24565

(d) Health and safety conditions that pose a serious risk to	24566
the individual or others of immediate harm or death;	24567

(e) Change in the emotional or physical condition of the	24568
individual that necessitates substantial accommodation that cannot	24569
be reasonably provided by the individual's existing caretaker.	24570

(2) "Service substitution list" means a service substitution	24571
list established by a county board of ~~mental retardation and~~	24572
developmental disabilities before ~~the effective date of this~~	24573
~~amendment~~September 1, 2008, pursuant to division (B) of this	24574
section as this section existed on the day immediately before ~~the~~	24575
~~effective date of this amendment~~September 1, 2008.	24576

(B) If a county board of ~~mental retardation and~~ developmental	24577
disabilities determines that available resources are not	24578
sufficient to meet the needs of all individuals who request	24579
programs and services and may be offered the programs and	24580
services, it shall establish waiting lists for services. The board	24581
may establish priorities for making placements on its waiting	24582
lists according to an individual's emergency status and shall	24583
establish priorities in accordance with divisions (D) and (E) of	24584
this section.	24585

The individuals who may be placed on a waiting list include	24586
individuals with a need for services on an emergency basis and	24587
individuals who have requested services for which resources are	24588
not available.	24589

An individual placed on a county board's service substitution	24590
list before ~~the effective date of this amendment~~September 1,	24591
2008, for the purpose of obtaining home and community-based	24592
services shall be deemed to have been placed on the county	24593
board's waiting list for home and community-based services on the	24594
date the individual made a request to the county board that the	24595
individual receive home and community-based services instead of	24596
the services the individual received at the time the request for	24597
home and community-based services was made to the county board.	24598

(C) A county board shall establish a separate waiting list	24599
for each of the following categories of services, and may	24600
establish separate waiting lists within the waiting lists:	24601

(1) Early childhood services;

24602

(2) Educational programs for preschool and school age	24603
children;	24604

(3) Adult services;

24605

(4) Service and support administration;

24606

(5) Residential services and supported living;

24607

(6) Transportation services;

24608

(7) Other services determined necessary and appropriate for	24609
persons with mental retardation or a developmental disability	24610
according to their individual habilitation or service plans;	24611

(8) Family support services provided under section 5126.11 of	24612
the Revised Code.	24613

(D) Except as provided in division (G) of this section, a	24614
county board shall do, as priorities, all of the following in	24615
accordance with the assessment component, approved under section	24616
5123.046 of the Revised Code, of the county board's plan developed	24617
under section 5126.054 of the Revised Code:	24618

(1) For the purpose of obtaining additional federal medicaid	24619
funds for home and community-based services and medicaid case	24620
management services, do both of the following:	24621

(a) Give an individual who is eligible for home and	24622
community-based services and meets both of the following	24623
requirements priority over any other individual on a waiting list	24624
established under division (C) of this section for home and	24625
community-based services that include supported living,	24626
residential services, or family support services:	24627

(i) Is twenty-two years of age or older;

24628

(ii) Receives supported living or family support services.

24629

(b) Give an individual who is eligible for home and	24630
community-based services and meets both of the following	24631
requirements priority over any other individual on a waiting list	24632
established under division (C) of this section for home and	24633
community-based services that include adult services:	24634

(i) Resides in the individual's own home or the home of the	24635
individual's family and will continue to reside in that home after	24636
enrollment in home and community-based services;	24637

(ii) Receives adult services from the county board.

24638

(2) As federal medicaid funds become available pursuant to	24639
division (D)(1) of this section, give an individual who is	24640
eligible for home and community-based services and meets any of	24641
the following requirements priority for such services over any	24642
other individual on a waiting list established under division (C)	24643
of this section:	24644

(a) Does not receive residential services or supported	24645
living, either needs services in the individual's current living	24646
arrangement or will need services in a new living arrangement, and	24647
has a primary caregiver who is sixty years of age or older;	24648

(b) Is less than twenty-two years of age and has at least one	24649
of the following service needs that are unusual in scope or	24650
intensity:	24651

(i) Severe behavior problems for which a behavior support	24652
plan is needed;	24653

(ii) An emotional disorder for which anti-psychotic	24654
medication is needed;	24655

(iii) A medical condition that leaves the individual	24656
dependent on life-support medical technology;	24657

(iv) A condition affecting multiple body systems for which a	24658
combination of specialized medical, psychological, educational, or	24659
habilitation services are needed;	24660

(v) A condition the county board determines to be comparable	24661
in severity to any condition described in divisions (D)(2)(b)(i)	24662
to (iv) of this section and places the individual at significant	24663
risk of institutionalization.	24664

(c) Is twenty-two years of age or older, does not receive	24665
residential services or supported living, and is determined by the	24666
county board to have intensive needs for home and community-based	24667
services on an in-home or out-of-home basis.	24668

(E) Except as provided in division (G) of this section and	24669
for a number of years and beginning on a date specified in rules	24670
adopted under division (K) of this section, a county board shall	24671
give an individual who is eligible for home and community-based	24672
services, resides in a nursing facility, and chooses to move to	24673
another setting with the help of home and community-based	24674
services, priority over any other individual on a waiting list	24675
established under division (C) of this section for home and	24676
community-based services who does not meet these criteria.	24677

(F) If two or more individuals on a waiting list established	24678
under division (C) of this section for home and community-based	24679
services have priority for the services pursuant to division	24680
(D)(1) or (2) or (E) of this section, a county board may use	24681
criteria specified in rules adopted under division (K)(2) of this	24682
section in determining the order in which the individuals with	24683
priority will be offered the services. Otherwise, the county board	24684
shall offer the home and community-based services to such	24685
individuals in the order they are placed on the waiting list.	24686

(G) No individual may receive priority for services pursuant	24687
to division (D) or (E) of this section over an individual placed	24688
on a waiting list established under division (C) of this section	24689
on an emergency status.	24690

(H) Prior to establishing any waiting list under this	24691
section, a county board shall develop and implement a policy for	24692
waiting lists that complies with this section and rules adopted	24693
under division (K) of this section.	24694

Prior to placing an individual on a waiting list, the county	24695
board shall assess the service needs of the individual in	24696
accordance with all applicable state and federal laws. The county	24697
board shall place the individual on the appropriate waiting list	24698
and may place the individual on more than one waiting list. The	24699
county board shall notify the individual of the individual's	24700
placement and position on each waiting list on which the	24701
individual is placed.	24702

At least annually, the county board shall reassess the	24703
service needs of each individual on a waiting list. If it	24704
determines that an individual no longer needs a program or	24705
service, the county board shall remove the individual from the	24706
waiting list. If it determines that an individual needs a program	24707
or service other than the one for which the individual is on the	24708
waiting list, the county board shall provide the program or	24709
service to the individual or place the individual on a waiting	24710
list for the program or service in accordance with the board's	24711
policy for waiting lists.	24712

When a program or service for which there is a waiting list	24713
becomes available, the county board shall reassess the service	24714
needs of the individual next scheduled on the waiting list to	24715
receive that program or service. If the reassessment demonstrates	24716
that the individual continues to need the program or service, the	24717
board shall offer the program or service to the individual. If it	24718
determines that an individual no longer needs a program or	24719
service, the county board shall remove the individual from the	24720
waiting list. If it determines that an individual needs a program	24721
or service other than the one for which the individual is on the	24722
waiting list, the county board shall provide the program or	24723
service to the individual or place the individual on a waiting	24724
list for the program or service in accordance with the board's	24725
policy for waiting lists. The county board shall notify the	24726
individual of the individual's placement and position on the	24727
waiting list on which the individual is placed.	24728

(I) A child subject to a determination made pursuant to	24729
section 121.38 of the Revised Code who requires the home and	24730
community-based services provided through a medicaid component	24731
that the department of ~~mental retardation and~~ developmental	24732
disabilities administers under section 5111.871 of the Revised	24733
Code shall receive services through that medicaid component. For	24734
all other services, a child subject to a determination made	24735
pursuant to section 121.38 of the Revised Code shall be treated as	24736
an emergency by the county boards and shall not be subject to a	24737
waiting list.	24738

(J) Not later than the fifteenth day of March of each	24739
even-numbered year, each county board shall prepare and submit to	24740
the director of ~~mental retardation and~~ developmental disabilities	24741
its recommendations for the funding of services for individuals	24742
with mental retardation and developmental disabilities and its	24743
proposals for reducing the waiting lists for services.	24744

(K)(1) The department of ~~mental retardation and~~ developmental	24745
disabilities shall adopt rules in accordance with Chapter 119. of	24746
the Revised Code governing waiting lists established under this	24747
section. The rules shall include procedures to be followed to	24748
ensure that the due process rights of individuals placed on	24749
waiting lists are not violated.	24750

(2) As part of the rules adopted under this division, the	24751
department shall adopt rules establishing criteria a county board	24752
may use under division (F) of this section in determining the	24753
order in which individuals with priority for home and	24754
community-based services will be offered the services. The rules	24755
shall also specify conditions under which a county board, when	24756
there is no individual with priority for home and community-based	24757
services pursuant to division (D)(1) or (2) or (E) of this section	24758
available and appropriate for the services, may offer the services	24759
to an individual on a waiting list for the services but not given	24760
such priority for the services.	24761

(3) As part of the rules adopted under this division, the	24762
department shall adopt rules specifying both of the following for	24763
the priority category established under division (E) of this	24764
section:	24765

(a) The number of years, which shall not exceed five, that	24766
the priority category will be in effect;	24767

(b) The date that the priority category is to go into effect.

24768

(L) The following shall take precedence over the applicable	24769
provisions of this section:	24770

(1) Medicaid rules and regulations;

24771

(2) Any specific requirements that may be contained within a	24772
medicaid state plan amendment or waiver program that a county	24773
board has authority to administer or with respect to which it has	24774
authority to provide services, programs, or supports.	24775

Sec. 5126.044. (A) As used in this section, "eligible	24776
person" has the same meaning as in section 5126.03 of the Revised	24777
Code.	24778

(B) Except as provided in division (D) of this section, no	24779
person shall disclose the identity of an individual who requests	24780
programs or services under this chapter or release a record or	24781
report regarding an eligible person that is maintained by a county	24782
board of ~~mental retardation and~~ developmental disabilities or an	24783
entity under contract with a county board unless one of the	24784
following circumstances exists:	24785

(1) The individual, eligible person, or the individual's	24786
guardian, or, if the individual is a minor, the individual's	24787
parent or guardian, makes a written request to the county board or	24788
entity for or approves in writing disclosure of the individual's	24789
identity or release of the record or report regarding the eligible	24790
person.	24791

(2) Disclosure of the identity of an individual is needed for	24792
approval of a direct services contract under section 5126.032 or	24793
5126.033 of the Revised Code. The county board shall release only	24794
the individual's name and the general nature of the services to be	24795
provided.	24796

(3) Disclosure of the identity of the individual is needed to	24797
ascertain that the county board's waiting lists for programs or	24798
services are being maintained in accordance with section 5126.042	24799
of the Revised Code and the rules adopted under that section. The	24800
county board shall release only the individual's name, the general	24801
nature of the programs or services to be provided the individual,	24802
the individual's rank on each waiting list that includes the	24803
individual, and any circumstances under which the individual was	24804
given priority when placed on a waiting list.	24805

(C) A board or entity that discloses an individual's identity	24806
or releases a record or report regarding an eligible person shall	24807
maintain a record of when and to whom the disclosure or release	24808
was made.	24809

(D)(1) At the request of an eligible person or the person's	24810
guardian or, if the eligible person is a minor, the person's	24811
parent or guardian, a county board or entity under contract with a	24812
county board shall provide the person who made the request access	24813
to records and reports regarding the eligible person. On written	24814
request, the county board or entity shall provide copies of the	24815
records and reports to the eligible person, guardian, or parent.	24816
The county board or entity may charge a reasonable fee to cover	24817
the costs of copying. The county board or entity may waive the fee	24818
in cases of hardship.	24819

(2) A county board shall provide access to any waiting list	24820
or record or report regarding an eligible person maintained by the	24821
board to any state agency responsible for monitoring and reviewing	24822
programs and services provided or arranged by the county board,	24823
any state agency involved in the coordination of services for an	24824
eligible person, and any agency under contract with the department	24825
of ~~mental retardation and~~ developmental disabilities for the	24826
provision of protective service pursuant to section 5123.56 of the	24827
Revised Code.	24828

(3) When an eligible person who requests programs or services	24829
under this chapter dies, the county board or entity under contract	24830
with the county board, shall, on written request, provide to both	24831
of the following persons any reports and records in the board or	24832
entity's possession concerning the eligible person:	24833

(a) If the report or records are necessary to administer the	24834
estate of the person who is the subject of the reports or records,	24835
to the executor or administrator of the person's estate;	24836

(b) To the guardian of the person who is the subject of the	24837
reports or records or, if the individual had no guardian at the	24838
time of death, to a person in the first applicable of the	24839
following categories:	24840

(i) The person's spouse;

24841

(ii) The person's children;

24842

(iii) The person's parents;

24843

(iv) The person's brothers or sisters;

24844

(v) The person's uncles or aunts;

24845

(vi) The person's closest relative by blood or adoption;

24846

(vii) The person's closest relative by marriage.

24847

The county board or entity shall provide the reports and	24848
records as required by division (D)(3) of this section not later	24849
than thirty days after receipt of the request.	24850

(E) A county board shall notify an eligible person, the	24851
person's guardian, or, if the eligible person is a minor, the	24852
person's parent or guardian, prior to destroying any record or	24853
report regarding the eligible person.	24854

Sec. 5126.045. (A) As used in this section, "eligible	24855
person" means a person eligible to receive services from a county	24856
board of ~~mental retardation and~~ developmental disabilities or from	24857
an entity under contract with a county board.	24858

(B) A county board shall establish fees for services rendered	24859
to eligible persons if such fees are required by federal	24860
regulation and by rule adopted by the director of ~~mental~~	24861
~~retardation and~~ developmental disabilities.	24862

A county board may provide services to a person who does not	24863
meet the standards for eligibility. The board may establish fees	24864
for these services, which may be paid for by the person, by	24865
another person on the person's behalf of the ineligible person, or	24866
by another governmental entity.	24867

Sec. 5126.046. (A) Each county board of ~~mental retardation~~	24868
~~and~~ developmental disabilities that has medicaid local	24869
administrative authority under division (A) of section 5126.055 of	24870
the Revised Code for habilitation, vocational, or community	24871
employment services provided as part of home and community-based	24872
services shall create a list of all persons and government	24873
entities eligible to provide such habilitation, vocational, or	24874
community employment services. If the county board chooses and is	24875
eligible to provide such habilitation, vocational, or community	24876
employment services, the county board shall include itself on the	24877
list. The county board shall make the list available to each	24878
individual with mental retardation or other developmental	24879
disability who resides in the county and is eligible for such	24880
habilitation, vocational, or community employment services. The	24881
county board shall also make the list available to such	24882
individuals' families.	24883

An individual with mental retardation or other developmental	24884
disability who is eligible for habilitation, vocational, or	24885
community employment services may choose the provider of the	24886
services.	24887

(B) Each month, the department of ~~mental retardation and~~	24888
developmental disabilities shall create a list of all persons and	24889
government entities eligible to provide residential services and	24890
supported living. The department shall include on the list all	24891
residential facilities licensed under section 5123.19 of the	24892
Revised Code and all supported living providers certified under	24893
section 5123.161 of the Revised Code. The department shall	24894
distribute the monthly lists to county boards that have local	24895
administrative authority under division (A) of section 5126.055	24896
of the Revised Code for residential services and supported living	24897
provided as part of home and community-based services. A county	24898
board that receives a list shall make it available to each	24899
individual with mental retardation or other developmental	24900
disability who resides in the county and is eligible for such	24901
residential services or supported living. The county board shall	24902
also make the list available to the families of those	24903
individuals.	24904

An individual who is eligible for residential services or	24905
supported living may choose the provider of the residential	24906
services or supported living.	24907

(C) If a county board that has medicaid local administrative	24908
authority under division (A) of section 5126.055 of the Revised	24909
Code for home and community-based services violates the right	24910
established by this section of an individual to choose a provider	24911
that is qualified and willing to provide services to the	24912
individual, the individual shall receive timely notice that the	24913
individual may request a hearing under section 5101.35 of the	24914
Revised Code.	24915

(D) The departments of ~~mental retardation and~~ developmental	24916
disabilities and job and family services shall adopt rules in	24917
accordance with Chapter 119. of the Revised Code governing the	24918
implementation of this section. The rules shall include procedures	24919
for individuals to choose their service providers. The rules shall	24920
not be limited by a provider selection system established under	24921
section 5126.42 of the Revised Code, including any pool of	24922
providers created pursuant to a provider selection system.	24923

Sec. 5126.05. (A) Subject to the rules established by the	24924
director of ~~mental retardation and~~ developmental disabilities	24925
pursuant to Chapter 119. of the Revised Code for programs and	24926
services offered pursuant to this chapter, and subject to the	24927
rules established by the state board of education pursuant to	24928
Chapter 119. of the Revised Code for programs and services offered	24929
pursuant to Chapter 3323. of the Revised Code, the county board of	24930
~~mental retardation and~~ developmental disabilities shall:	24931

(1) Administer and operate facilities, programs, and services	24932
as provided by this chapter and Chapter 3323. of the Revised Code	24933
and establish policies for their administration and operation;	24934

(2) Coordinate, monitor, and evaluate existing services and	24935
facilities available to individuals with mental retardation and	24936
developmental disabilities;	24937

(3) Provide early childhood services, supportive home	24938
services, and adult services, according to the plan and priorities	24939
developed under section 5126.04 of the Revised Code;	24940

(4) Provide or contract for special education services	24941
pursuant to Chapters 3317. and 3323. of the Revised Code and	24942
ensure that related services, as defined in section 3323.01 of the	24943
Revised Code, are available according to the plan and priorities	24944
developed under section 5126.04 of the Revised Code;	24945

(5) Adopt a budget, authorize expenditures for the purposes	24946
specified in this chapter and do so in accordance with section	24947
319.16 of the Revised Code, approve attendance of board members	24948
and employees at professional meetings and approve expenditures	24949
for attendance, and exercise such powers and duties as are	24950
prescribed by the director;	24951

(6) Submit annual reports of its work and expenditures,	24952
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	24953
the director, the superintendent of public instruction, and the	24954
board of county commissioners at the close of the fiscal year and	24955
at such other times as may reasonably be requested;	24956

(7) Authorize all positions of employment, establish	24957
compensation, including but not limited to salary schedules and	24958
fringe benefits for all board employees, approve contracts of	24959
employment for management employees that are for a term of more	24960
than one year, employ legal counsel under section 309.10 of the	24961
Revised Code, and contract for employee benefits;	24962

(8) Provide service and support administration in accordance	24963
with section 5126.15 of the Revised Code;	24964

(9) Certify respite care homes pursuant to rules adopted	24965
under section 5123.171 of the Revised Code by the director of	24966
~~mental retardation and~~ developmental disabilities.	24967

(B) To the extent that rules adopted under this section apply	24968
to the identification and placement of children with disabilities	24969
under Chapter 3323. of the Revised Code, they shall be consistent	24970
with the standards and procedures established under sections	24971
3323.03 to 3323.05 of the Revised Code.	24972

(C) Any county board may enter into contracts with other such	24973
boards and with public or private, nonprofit, or profit-making	24974
agencies or organizations of the same or another county, to	24975
provide the facilities, programs, and services authorized or	24976
required, upon such terms as may be agreeable, and in accordance	24977
with this chapter and Chapter 3323. of the Revised Code and rules	24978
adopted thereunder and in accordance with sections 307.86 and	24979
5126.071 of the Revised Code.	24980

(D) A county board may combine transportation for children	24981
and adults enrolled in programs and services offered under section	24982
5126.12 with transportation for children enrolled in classes	24983
funded under section 3317.20 or units approved under section	24984
3317.05 of the Revised Code.	24985

(E) A county board may purchase all necessary insurance	24986
policies, may purchase equipment and supplies through the	24987
department of administrative services or from other sources, and	24988
may enter into agreements with public agencies or nonprofit	24989
organizations for cooperative purchasing arrangements.	24990

(F) A county board may receive by gift, grant, devise, or	24991
bequest any moneys, lands, or property for the benefit of the	24992
purposes for which the board is established and hold, apply, and	24993
dispose of the moneys, lands, and property according to the terms	24994
of the gift, grant, devise, or bequest. All money received by	24995
gift, grant, bequest, or disposition of lands or property received	24996
by gift, grant, devise, or bequest shall be deposited in the	24997
county treasury to the credit of such board and shall be available	24998
for use by the board for purposes determined or stated by the	24999
donor or grantor, but may not be used for personal expenses of the	25000
board members. Any interest or earnings accruing from such gift,	25001
grant, devise, or bequest shall be treated in the same manner and	25002
subject to the same provisions as such gift, grant, devise, or	25003
bequest.	25004

(G) The board of county commissioners shall levy taxes and	25005
make appropriations sufficient to enable the county board of	25006
~~mental retardation and~~ developmental disabilities to perform its	25007
functions and duties, and may utilize any available local, state,	25008
and federal funds for such purpose.	25009

Sec. 5126.051. (A) To the extent that resources are	25010
available, a county board of ~~mental retardation and~~ developmental	25011
disabilities shall provide for or arrange residential services and	25012
supported living for individuals with mental retardation and	25013
developmental disabilities.	25014

A county board may acquire, convey, lease, or sell property	25015
for residential services and supported living and enter into loan	25016
agreements, including mortgages, for the acquisition of such	25017
property. A county board is not required to comply with provisions	25018
of Chapter 307. of the Revised Code providing for competitive	25019
bidding or sheriff sales in the acquisition, lease, conveyance, or	25020
sale of property under this division, but the acquisition, lease,	25021
conveyance, or sale must be at fair market value determined by	25022
appraisal of one or more disinterested persons appointed by the	25023
board.	25024

Any action taken by a county board under this division that	25025
will incur debt on the part of the county shall be taken in	25026
accordance with Chapter 133. of the Revised Code. A county board	25027
shall not incur any debt on the part of the county without the	25028
prior approval of the board of county commissioners.	25029

(B)(1) To the extent that resources are available, in	25030
addition to sheltered employment and work activities provided as	25031
adult services pursuant to division (A)(3) of section 5126.05 of	25032
the Revised Code, a county board of ~~mental retardation and~~	25033
developmental disabilities may provide or arrange for job	25034
training, vocational evaluation, and community employment services	25035
to mentally retarded and developmentally disabled individuals who	25036
are age eighteen and older and not enrolled in a program or	25037
service under Chapter 3323. of the Revised Code or age sixteen or	25038
seventeen and eligible for adult services under rules adopted by	25039
the director of ~~mental retardation and~~ developmental disabilities	25040
under Chapter 119. of the Revised Code. These services shall be	25041
provided in accordance with the individual's individual service or	25042
habilitation plan and shall include support services specified in	25043
the plan.	25044

(2) A county board may, in cooperation with the Ohio	25045
rehabilitation services commission, seek federal funds for job	25046
training and community employment.	25047

(3) A county board may contract with any agency, board, or	25048
other entity that is accredited by the commission on accreditation	25049
of rehabilitation facilities to provide services. A county board	25050
that is accredited by the commission on accreditation of	25051
rehabilitation facilities may provide services for which it is	25052
certified by the commission.	25053

(C) To the extent that resources are available, a county	25054
board may provide services to an individual with mental	25055
retardation or other developmental disability in addition to those	25056
provided pursuant to this section, section 5126.05 of the Revised	25057
Code, or any other section of this chapter. The services shall be	25058
provided in accordance with the individual's habilitation or	25059
service plan and may be provided in collaboration with other	25060
entities of state or local government.	25061

Sec. 5126.052. (A) The superintendent of a county board of	25062
~~mental retardation and~~ developmental disabilities providing	25063
transportation for pupils to special education programs under this	25064
chapter may establish a volunteer bus rider assistance program	25065
under which qualified persons may be authorized to ride with	25066
pupils to and from such programs. Volunteers shall not be	25067
compensated for their services and are not employees for purposes	25068
of Chapter 4117. or 4123. of the Revised Code. Nothing in this	25069
section authorizes a superintendent or board to adversely affect	25070
the employment of any employee of the board.	25071

Volunteers may be assigned duties or responsibilities by the	25072
superintendent, including but not limited to, assisting pupils in	25073
embarking and disembarking from buses and in crossing streets	25074
where necessary to ensure the safety of the pupil, assisting the	25075
bus driver, and such other activities as the superintendent	25076
determines will aid in the safe and efficient transportation of	25077
pupils.	25078

(B) The superintendent shall ensure that each pupil receiving	25079
transportation under this chapter is instructed in school bus	25080
safety, proper bus rider behavior, and the potential problems and	25081
hazards associated with school bus ridership. Such instruction	25082
shall occur within two weeks after the pupil first receives	25083
transportation under this chapter.	25084

Sec. 5126.054. (A) Each county board of ~~mental retardation~~	25085
~~and~~ developmental disabilities shall, by resolution, develop a	25086
three-calendar year plan that includes the following three	25087
components:	25088

(1) An assessment component that includes all of the	25089
following:	25090

(a) The number of individuals with mental retardation or	25091
other developmental disability residing in the county who need the	25092
level of care provided by an intermediate care facility for the	25093
mentally retarded, may seek home and community-based services, are	25094
given priority for the services pursuant to division (D) of	25095
section 5126.042 of the Revised Code; the service needs of those	25096
individuals; and the projected annualized cost for services;	25097

(b) The source of funds available to the county board to pay	25098
the nonfederal share of medicaid expenditures that the county	25099
board is required by sections 5126.059 and 5126.0510 of the	25100
Revised Code to pay;	25101

(c) Any other applicable information or conditions that the	25102
department of ~~mental retardation and~~ developmental disabilities	25103
requires as a condition of approving the component under section	25104
5123.046 of the Revised Code.	25105

(2) (A preliminary implementation component that specifies	25106
the number of individuals to be provided, during the first year	25107
that the plan is in effect, home and community-based services	25108
pursuant to the priority given to them under divisions (D)(1) and	25109
(2) of section 5126.042 of the Revised Code and the types of home	25110
and community-based services the individuals are to receive;	25111

(3) A component that provides for the implementation of	25112
medicaid case management services and home and community-based	25113
services for individuals who begin to receive the services on or	25114
after the date the plan is approved under section 5123.046 of the	25115
Revised Code. A county board shall include all of the following in	25116
the component:	25117

(a) If the department of ~~mental retardation and~~ developmental	25118
disabilities or department of job and family services requires, an	25119
agreement to pay the nonfederal share of medicaid expenditures	25120
that the county board is required by sections 5126.059 and	25121
5126.0510 of the Revised Code to pay;	25122

(b) How the services are to be phased in over the period the	25123
plan covers, including how the county board will serve individuals	25124
on a waiting list established under division (C) of section	25125
5126.042 who are given priority status under division (D)(1) of	25126
that section;	25127

(c) Any agreement or commitment regarding the county board's	25128
funding of home and community-based services that the county board	25129
has with the department at the time the county board develops the	25130
component;	25131

(d) Assurances adequate to the department that the county	25132
board will comply with all of the following requirements:	25133

(i) To provide the types of home and community-based services	25134
specified in the preliminary implementation component required by	25135
division (A)(2) of this section to at least the number of	25136
individuals specified in that component;	25137

(ii) To use any additional funds the county board receives	25138
for the services to improve the county board's resource	25139
capabilities for supporting such services available in the county	25140
at the time the component is developed and to expand the services	25141
to accommodate the unmet need for those services in the county;	25142

(iii) To employ a business manager who is either a new	25143
employee who has earned at least a bachelor's degree in business	25144
administration or a current employee who has the equivalent	25145
experience of a bachelor's degree in business administration. If	25146
the county board will employ a new employee, the county board	25147
shall include in the component a timeline for employing the	25148
employee.	25149

(iv) To employ or contract with a medicaid services manager	25150
who is either a new employee who has earned at least a bachelor's	25151
degree or a current employee who has the equivalent experience of	25152
a bachelor's degree. If the county board will employ a new	25153
employee, the county board shall include in the component a	25154
timeline for employing the employee. Two or three county boards	25155
that have a combined total enrollment in county board services not	25156
exceeding one thousand individuals as determined pursuant to	25157
certifications made under division (B) of section 5126.12 of the	25158
Revised Code may satisfy this requirement by sharing the services	25159
of a medicaid services manager or using the services of a medicaid	25160
services manager employed by or under contract with a regional	25161
council that the county boards establish under section 5126.13 of	25162
the Revised Code.	25163

(e) Programmatic and financial accountability measures and	25164
projected outcomes expected from the implementation of the plan;	25165

(f) Any other applicable information or conditions that the	25166
department requires as a condition of approving the component	25167
under section 5123.046 of the Revised Code.	25168

(B) A county board whose plan developed under division (A) of	25169
this section is approved by the department under section 5123.046	25170
of the Revised Code shall update and renew the plan in accordance	25171
with a schedule the department shall develop.	25172

Sec. 5126.055. (A) Except as provided in section 5126.056	25173
of the Revised Code, a county board of ~~mental retardation and~~	25174
developmental disabilities has medicaid local administrative	25175
authority to, and shall, do all of the following for an individual	25176
with mental retardation or other developmental disability who	25177
resides in the county that the county board serves and seeks or	25178
receives home and community-based services:	25179

(1) Perform assessments and evaluations of the individual. As	25180
part of the assessment and evaluation process, the county board	25181
shall do all of the following:	25182

(a) Make a recommendation to the department of ~~mental~~	25183
~~retardation and~~ developmental disabilities on whether the	25184
department should approve or deny the individual's application for	25185
the services, including on the basis of whether the individual	25186
needs the level of care an intermediate care facility for the	25187
mentally retarded provides;	25188

(b) If the individual's application is denied because of the	25189
county board's recommendation and the individual requests a	25190
hearing under section 5101.35 of the Revised Code, present, with	25191
the department of ~~mental retardation and~~ developmental	25192
disabilities or department of job and family services, whichever	25193
denies the application, the reasons for the recommendation and	25194
denial at the hearing;	25195

(c) If the individual's application is approved, recommend to	25196
the departments of ~~mental retardation and~~ developmental	25197
disabilities and job and family services the services that should	25198
be included in the individual's individualized service plan and,	25199
if either department approves, reduces, denies, or terminates a	25200
service included in the individual's individualized service plan	25201
under section 5111.871 of the Revised Code because of the county	25202
board's recommendation, present, with the department that made the	25203
approval, reduction, denial, or termination, the reasons for the	25204
recommendation and approval, reduction, denial, or termination at	25205
a hearing under section 5101.35 of the Revised Code.	25206

(2) In accordance with the rules adopted under section	25207
5126.046 of the Revised Code, perform the county board's duties	25208
under that section regarding assisting the individual's right to	25209
choose a qualified and willing provider of the services and, at a	25210
hearing under section 5101.35 of the Revised Code, present	25211
evidence of the process for appropriate assistance in choosing	25212
providers;	25213

(3) If the county board is certified under section 5123.161	25214
of the Revised Code to provide the services and agrees to	25215
provide the services to the individual and the individual	25216
chooses the county board to provide the services, furnish, in	25217
accordance with the county board's medicaid provider agreement	25218
and for the authorized reimbursement rate, the services the	25219
individual requires;	25220

(4) Monitor the services provided to the individual and	25221
ensure the individual's health, safety, and welfare. The	25222
monitoring shall include quality assurance activities. If the	25223
county board provides the services, the department of ~~mental~~	25224
~~retardation and~~ developmental disabilities shall also monitor the	25225
services.	25226

(5) Develop, with the individual and the provider of the	25227
individual's services, an effective individualized service plan	25228
that includes coordination of services, recommend that the	25229
departments of ~~mental retardation and~~ developmental disabilities	25230
and job and family services approve the plan, and implement the	25231
plan unless either department disapproves it;	25232

(6) Have an investigative agent conduct investigations under	25233
section 5126.313 of the Revised Code that concern the individual;	25234

(7) Have a service and support administrator perform the	25235
duties under division (B)(9) of section 5126.15 of the Revised	25236
Code that concern the individual.	25237

(B) A county board shall perform its medicaid local	25238
administrative authority under this section in accordance with all	25239
of the following:	25240

(1) The county board's plan that the department of ~~mental~~	25241
~~retardation and~~ developmental disabilities approves under section	25242
5123.046 of the Revised Code;	25243

(2) All applicable federal and state laws;

25244

(3) All applicable policies of the departments of ~~mental~~	25245
~~retardation and~~ developmental disabilities and job and family	25246
services and the United States department of health and human	25247
services;	25248

(4) The department of job and family services' supervision	25249
under its authority under section 5111.01 of the Revised Code to	25250
act as the single state medicaid agency;	25251

(5) The department of ~~mental retardation and~~ developmental	25252
disabilities' oversight.	25253

(C) The departments of ~~mental retardation and~~ developmental	25254
disabilities and job and family services shall communicate with	25255
and provide training to county boards regarding medicaid local	25256
administrative authority granted by this section. The	25257
communication and training shall include issues regarding audit	25258
protocols and other standards established by the United States	25259
department of health and human services that the departments	25260
determine appropriate for communication and training. County	25261
boards shall participate in the training. The departments shall	25262
assess the county board's compliance against uniform standards	25263
that the departments shall establish.	25264

(D) A county board may not delegate its medicaid local	25265
administrative authority granted under this section but may	25266
contract with a person or government entity, including a council	25267
of governments, for assistance with its medicaid local	25268
administrative authority. A county board that enters into such a	25269
contract shall notify the director of ~~mental retardation and~~	25270
developmental disabilities. The notice shall include the tasks and	25271
responsibilities that the contract gives to the person or	25272
government entity. The person or government entity shall comply in	25273
full with all requirements to which the county board is subject	25274
regarding the person or government entity's tasks and	25275
responsibilities under the contract. The county board remains	25276
ultimately responsible for the tasks and responsibilities.	25277

(E) A county board that has medicaid local administrative	25278
authority under this section shall, through the departments of	25279
~~mental retardation and~~ developmental disabilities and job and	25280
family services, reply to, and cooperate in arranging compliance	25281
with, a program or fiscal audit or program violation exception	25282
that a state or federal audit or review discovers. The department	25283
of job and family services shall timely notify the department of	25284
~~mental retardation and~~ developmental disabilities and the county	25285
board of any adverse findings. After receiving the notice, the	25286
county board, in conjunction with the department of ~~mental~~	25287
~~retardation and~~ developmental disabilities, shall cooperate fully	25288
with the department of job and family services and timely prepare	25289
and send to the department a written plan of correction or	25290
response to the adverse findings. The county board is liable for	25291
any adverse findings that result from an action it takes or fails	25292
to take in its implementation of medicaid local administrative	25293
authority.	25294

(F) If the department of ~~mental retardation and~~ developmental	25295
disabilities or department of job and family services determines	25296
that a county board's implementation of its medicaid local	25297
administrative authority under this section is deficient, the	25298
department that makes the determination shall require that county	25299
board do the following:	25300

(1) If the deficiency affects the health, safety, or welfare	25301
of an individual with mental retardation or other developmental	25302
disability, correct the deficiency within twenty-four hours;	25303

(2) If the deficiency does not affect the health, safety, or	25304
welfare of an individual with mental retardation or other	25305
developmental disability, receive technical assistance from the	25306
department or submit a plan of correction to the department that	25307
is acceptable to the department within sixty days and correct the	25308
deficiency within the time required by the plan of correction.	25309

Sec. 5126.056. (A) The department of ~~mental retardation and~~	25310
developmental disabilities shall take action under division (B) of	25311
this section against a county board of ~~mental retardation and~~	25312
developmental disabilities if any of the following are the case:	25313

(1) The county board fails to submit to the department all	25314
the components of its three-year plan required by section 5126.054	25315
of the Revised Code.	25316

(2) The department disapproves the county board's three-year	25317
plan under section 5123.046 of the Revised Code.	25318

(3) The county board fails, as required by division (B) of	25319
section 5126.054 of the Revised Code, to update and renew its	25320
three-year plan in accordance with a schedule the department	25321
develops under that section.	25322

(4) The county board fails to implement its initial or	25323
renewed three-year plan approved by the department.	25324

(5) The county board fails to correct a deficiency within the	25325
time required by division (F) of section 5126.055 of the Revised	25326
Code to the satisfaction of the department.	25327

(6) The county board fails to submit an acceptable plan of	25328
correction to the department within the time required by division	25329
(F)(2) of section 5126.055 of the Revised Code.	25330

(B) If required by division (A) of this section to take	25331
action against a county board, the department shall issue an order	25332
terminating the county board's medicaid local administrative	25333
authority over all or part of home and community-based services,	25334
medicaid case management services, or all or part of both of those	25335
services. The department shall provide a copy of the order to the	25336
board of county commissioners, senior probate judge, county	25337
auditor, and president and superintendent of the county board. The	25338
department shall specify in the order the medicaid local	25339
administrative authority that the department is terminating, the	25340
reason for the termination, and the county board's option and	25341
responsibilities under this division.	25342

A county board whose medicaid local administrative authority	25343
is terminated may, not later than thirty days after the department	25344
issues the termination order, recommend to the department that	25345
another county board that has not had any of its medicaid local	25346
administrative authority terminated or another entity the	25347
department approves administer the services for which the county	25348
board's medicaid local administrative authority is terminated. The	25349
department may contract with the other county board or entity to	25350
administer the services. If the department enters into such a	25351
contract, the county board shall adopt a resolution giving the	25352
other county board or entity full medicaid local administrative	25353
authority over the services that the other county board or entity	25354
is to administer. The other county board or entity shall be known	25355
as the contracting authority.	25356

If the department rejects the county board's recommendation	25357
regarding a contracting authority, the county board may appeal the	25358
rejection under section 5123.043 of the Revised Code.	25359

If the county board does not submit a recommendation to the	25360
department regarding a contracting authority within the required	25361
time or the department rejects the county board's recommendation	25362
and the rejection is upheld pursuant to an appeal, if any, under	25363
section 5123.043 of the Revised Code, the department shall appoint	25364
an administrative receiver to administer the services for which	25365
the county board's medicaid local administrative authority is	25366
terminated. To the extent necessary for the department to appoint	25367
an administrative receiver, the department may utilize employees	25368
of the department, management personnel from another county board,	25369
or other individuals who are not employed by or affiliated with in	25370
any manner a person that provides home and community-based	25371
services or medicaid case management services pursuant to a	25372
contract with any county board. The administrative receiver shall	25373
assume full administrative responsibility for the county board's	25374
services for which the county board's medicaid local	25375
administrative authority is terminated.	25376

The contracting authority or administrative receiver shall	25377
develop and submit to the department a plan of correction to	25378
remediate the problems that caused the department to issue the	25379
termination order. If, after reviewing the plan, the department	25380
approves it, the contracting authority or administrative receiver	25381
shall implement the plan.	25382

The county board shall transfer control of state and federal	25383
funds it is otherwise eligible to receive for the services for	25384
which the county board's medicaid local administrative authority	25385
is terminated and funds the county board may use under division	25386
(A) of section 5126.0511 of the Revised Code to pay the	25387
nonfederal share of the services that the county board is	25388
required by sections 5126.059 and 5126.0510 of the Revised Code	25389
to pay. The county board shall transfer control of the funds to	25390
the contracting authority or administrative receiver administering	25391
the services. The amount the county board shall transfer shall be	25392
the amount necessary for the contracting authority or	25393
administrative receiver to fulfill its duties in administering	25394
the services, including its duties to pay its personnel for time	25395
worked, travel, and related matters. If the county board fails to	25396
make the transfer, the department may withhold the state and	25397
federal funds from the county board and bring a mandamus action	25398
against the county board in the court of common pleas of the	25399
county served by the county board or in the Franklin county court	25400
of common pleas. The mandamus action may not require that the	25401
county board transfer any funds other than the funds the county	25402
board is required by division (B) of this section to transfer.	25403

The contracting authority or administrative receiver has the	25404
right to authorize the payment of bills in the same manner that	25405
the county board may authorize payment of bills under this chapter	25406
and section 319.16 of the Revised Code.	25407

Sec. 5126.058. (A) Each county board of ~~mental retardation~~	25408
~~and~~ developmental disabilities shall prepare a memorandum of	25409
understanding that is developed by all of the following and that	25410
is signed by the persons identified in divisions (A)(2) to (7) of	25411
this section:	25412

(1) The senior probate judge of the county or the senior	25413
probate judge's representative;	25414

(2) The county peace officer;

25415

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

25416

(4) Other law enforcement officers handling abuse, neglect,	25417
and exploitation of mentally retarded and developmentally disabled	25418
persons in the county;	25419

(5) The prosecuting attorney of the county;

25420

(6) The public children services agency;

25421

(7) The coroner of the county.

25422

(B) A memorandum of understanding shall set forth the normal	25423
operating procedure to be employed by all concerned officials in	25424
the execution of their respective responsibilities under this	25425
section and sections 313.12, 2151.421, 2903.16, 5126.31, and	25426
5126.33 of the Revised Code and shall have as its primary goal the	25427
elimination of all unnecessary interviews of persons who are the	25428
subject of reports made pursuant to this section. A failure to	25429
follow the procedure set forth in the memorandum by the concerned	25430
officials is not grounds for, and shall not result in, the	25431
dismissal of any charge or complaint arising from any reported	25432
case of abuse, neglect, or exploitation or the suppression of any	25433
evidence obtained as a result of any reported abuse, neglect, or	25434
exploitation and does not give any rights or grounds for appeal or	25435
post-conviction relief to any person.	25436

(C) A memorandum of understanding shall include, but is not	25437
limited to, all of the following:	25438

(1) The roles and responsibilities for handling emergency and	25439
nonemergency cases of abuse, neglect, or exploitation;	25440

(2) The roles and responsibilities for handling and	25441
coordinating investigations of reported cases of abuse, neglect,	25442
or exploitation and methods to be used in interviewing the person	25443
who is the subject of the report and who allegedly was abused,	25444
neglected, or exploited;	25445

(3) The roles and responsibilities for addressing the	25446
categories of persons who may interview the person who is the	25447
subject of the report and who allegedly was abused, neglected, or	25448
exploited;	25449

(4) The roles and responsibilities for providing victim	25450
services to mentally retarded and developmentally disabled persons	25451
pursuant to Chapter 2930. of the Revised Code;	25452

(5) The roles and responsibilities for the filing of criminal	25453
charges against persons alleged to have abused, neglected, or	25454
exploited mentally retarded or developmentally disabled persons.	25455

(D) A memorandum of understanding may be signed by victim	25456
advocates, municipal court judges, municipal prosecutors, and any	25457
other person whose participation furthers the goals of a	25458
memorandum of understanding, as set forth in this section.	25459

Sec. 5126.059. A county board of ~~mental retardation and~~	25460
developmental disabilities shall pay the nonfederal share of	25461
medicaid expenditures for medicaid case management services the	25462
county board provides to an individual with mental retardation or	25463
other developmental disability who the county board determines	25464
under section 5126.041 of the Revised Code is eligible for county	25465
board services.	25466

Sec. 5126.0510. (A) Except as otherwise provided in an	25467
agreement entered into under section 5123.048 of the Revised Code	25468
and subject to divisions (B), (C), and (D) of this section, a	25469
county board of ~~mental retardation and~~ developmental disabilities	25470
shall pay the nonfederal share of medicaid expenditures for the	25471
following home and community-based services provided to an	25472
individual with mental retardation or other developmental	25473
disability who the county board determines under section 5126.041	25474
of the Revised Code is eligible for county board services:	25475

(1) Home and community-based services provided by the county	25476
board to such an individual;	25477

(2) Home and community-based services provided by a provider	25478
other than the county board to such an individual who is enrolled	25479
as of June 30, 2007, in the medicaid waiver component under which	25480
the services are provided;	25481

(3) Home and community-based services provided by a provider	25482
other than the county board to such an individual who, pursuant to	25483
a request the county board makes, enrolls in the medicaid waiver	25484
component under which the services are provided after June 30,	25485
2007;	25486

(4) Home and community-based services provided by a provider	25487
other than the county board to such an individual for whom there	25488
is in effect an agreement entered into under division (E) of this	25489
section between the county board and director of ~~mental~~	25490
~~retardation and~~ developmental disabilities.	25491

(B) In the case of medicaid expenditures for home and	25492
community-based services for which division (A)(2) of this section	25493
requires a county board to pay the nonfederal share, the following	25494
shall apply to such services provided during fiscal year 2008	25495
under the individual options medicaid waiver component:	25496

(1) The county board shall pay no less than the total amount	25497
the county board paid as the nonfederal share for home and	25498
community-based services provided in fiscal year 2007 under the	25499
individual options medicaid waiver component;	25500

(2) The county board shall pay no more than the sum of the	25501
following:	25502

(a) The total amount the county board paid as the nonfederal	25503
share for home and community-based services provided in fiscal	25504
year 2007 under the individual options medicaid waiver component;	25505

(b) An amount equal to one per cent of the total amount the	25506
department of ~~mental retardation and~~ developmental disabilities	25507
and county board paid as the nonfederal share for home and	25508
community-based services provided in fiscal year 2007 under the	25509
individual options medicaid waiver component to individuals the	25510
county board determined under section 5126.041 of the Revised Code	25511
are eligible for county board services.	25512

(C) A county board is not required to pay the nonfederal	25513
share of home and community-based services provided after June 30,	25514
2008, that the county board is otherwise required by division	25515
(A)(2) of this section to pay if the department of ~~mental~~	25516
~~retardation and~~ developmental disabilities fails to comply with	25517
division (A) of section 5123.0416 of the Revised Code.	25518

(D) A county board is not required to pay the nonfederal	25519
share of home and community-based services that the county board	25520
is otherwise required by division (A)(3) of this section to pay if	25521
both of the following apply:	25522

(1) The services are provided to an individual who enrolls in	25523
the medicaid waiver component under which the services are	25524
provided as the result of an order issued following a state	25525
hearing, administrative appeal, or appeal to a court of common	25526
pleas made under section 5101.35 of the Revised Code;	25527

(2) There are more individuals who are eligible for services	25528
from the county board enrolled in the medicaid waiver component	25529
than is required by section 5126.0512 of the Revised Code.	25530

(E) A county board may enter into an agreement with the	25531
director of ~~mental retardation and~~ developmental disabilities	25532
under which the county board agrees to pay the nonfederal share of	25533
medicaid expenditures for one or more home and community-based	25534
services that the county board is not otherwise required by	25535
division (A)(1), (2), or (3) of this section to pay and that are	25536
provided to an individual the county board determines under	25537
section 5126.041 of the Revised Code is eligible for county board	25538
services. The agreement shall specify which home and	25539
community-based services the agreement covers. The county board	25540
shall pay the nonfederal share of medicaid expenditures for the	25541
home and community-based services that the agreement covers as	25542
long as the agreement is in effect.	25543

Sec. 5126.0511. (A) A county board of ~~mental retardation and~~	25544
developmental disabilities may use the following funds to pay the	25545
nonfederal share of the medicaid expenditures that the county	25546
board is required by sections 5126.059 and 5126.0510 of the	25547
Revised Code to pay:	25548

(1) To the extent consistent with the levy that generated the	25549
taxes, the following taxes:	25550

(a) Taxes levied pursuant to division (L) of section 5705.19	25551
of the Revised Code and section 5705.222 of the Revised Code;	25552

(b) Taxes levied under section 5705.191 of the Revised Code	25553
that the board of county commissioners allocates to the county	25554
board.	25555

(2) Funds that the department of ~~mental retardation and~~	25556
developmental disabilities distributes to the county board under	25557
sections 5126.11 and 5126.18 of the Revised Code;	25558

(3) Earned federal revenue funds the county board receives	25559
for medicaid services the county board provides pursuant to the	25560
county board's valid medicaid provider agreement;	25561

(4) Funds that the department of ~~mental retardation and~~	25562
developmental disabilities distributes to the county board as	25563
subsidy payments;	25564

(5) In the case of medicaid expenditures for home and	25565
community-based services, funds allocated to or otherwise made	25566
available for the county board under section 5123.0416 of the	25567
Revised Code to pay the nonfederal share of such medicaid	25568
expenditures.	25569

Each year, each county board shall adopt a resolution	25570
specifying the amount of funds it will use in the next year to pay	25571
the nonfederal share of the medicaid expenditures that the county	25572
board is required by sections 5126.059 and 5126.0510 of the	25573
Revised Code to pay. The amount specified shall be adequate to	25574
assure that the services for which the medicaid expenditures are	25575
made will be available in the county in a manner that conforms to	25576
all applicable state and federal laws. A county board shall state	25577
in its resolution that the payment of the nonfederal share	25578
represents an ongoing financial commitment of the county board. A	25579
county board shall adopt the resolution in time for the county	25580
auditor to make the determination required by division (C) of	25581
this section.	25582

(C) Each year, a county auditor shall determine whether the	25583
amount of funds a county board specifies in the resolution it	25584
adopts under division (B) of this section will be available in	25585
the following year for the county board to pay the nonfederal	25586
share of the medicaid expenditures that the county board is	25587
required by sections 5126.059 and 5126.0510 of the Revised Code	25588
to pay. The county auditor shall make the determination not later	25589
than the last day of the year before the year in which the funds	25590
are to be used.	25591

Sec. 5126.0512. (A) As used in this section, "medicaid	25592
waiver component" means a medicaid waiver component as defined in	25593
section 5111.85 of the Revised Code under which home and	25594
community-based services are provided.	25595

(B) Effective July 1, 2007, each county board of ~~mental~~	25596
~~retardation and~~ developmental disabilities shall ensure, for each	25597
medicaid waiver component, that the number of individuals eligible	25598
under section 5126.041 of the Revised Code for services from the	25599
county board who are enrolled in a medicaid waiver component is no	25600
less than the sum of the following:	25601

(1) The number of individuals eligible for services from the	25602
county board who are enrolled in the medicaid waiver component on	25603
June 30, 2007;	25604

(2) The number of medicaid waiver component slots the county	25605
board requested before July 1, 2007, that were assigned to the	25606
county board before that date but in which no individual was	25607
enrolled before that date.	25608

(C) An individual enrolled in a medicaid waiver component	25609
after March 1, 2007, due to an emergency reserve capacity waiver	25610
assignment shall not be counted in determining the number of	25611
individuals a county board must ensure under division (B) of this	25612
section are enrolled in a medicaid waiver component.	25613

(D) An individual who is enrolled in a medicaid waiver	25614
component to comply with the terms of the consent order filed	25615
March 5, 2007, in Martin v. Strickland, Case No. 89-CV-00362, in	25616
the United States district court for the southern district of	25617
Ohio, eastern division, shall be excluded in determining whether a	25618
county board has complied with division (B) of this section.	25619

(E) A county board shall make as many requests for	25620
individuals to be enrolled in a medicaid waiver component as	25621
necessary for the county board to comply with division (B) of this	25622
section.	25623

Sec. 5126.06. (A) Except as provided in division (B) of this	25624
section, any person who has a complaint involving any of the	25625
programs, services, policies, or administrative practices of a	25626
county board of ~~mental retardation and~~ developmental disabilities	25627
or any of the entities under contract with the county board, may	25628
file a complaint with the board. Prior to commencing a civil	25629
action regarding the complaint, a person shall attempt to have the	25630
complaint resolved through the administrative resolution process	25631
established in the rules adopted under section 5123.043 of the	25632
Revised Code. After exhausting the administrative resolution	25633
process, the person may commence a civil action if the complaint	25634
is not settled to the person's satisfaction.	25635

(B) An employee of a county board may not file under this	25636
section a complaint related to the terms and conditions of	25637
employment of the employee.	25638

Sec. 5126.07. No county board of ~~mental retardation and~~	25639
developmental disabilities or any agency, corporation, or	25640
association under contract with a county board of ~~mental~~	25641
~~retardation and~~ developmental disabilities shall discriminate in	25642
the provision of services under its authority or contract on the	25643
basis of race, color, sex, creed, disability, national origin, or	25644
the inability to pay.	25645

Each county board of ~~mental retardation and~~ developmental	25646
disabilities shall provide a plan of affirmative action describing	25647
its goals and methods for the provision of equal employment	25648
opportunities for all persons under its authority and shall ensure	25649
nondiscrimination in employment under its authority or contract on	25650
the basis of race, color, sex, creed, disability, or national	25651
origin.	25652

Sec. 5126.071. (A) As used in this section, "minority	25653
business enterprise" has the meaning given in division (E)(1) of	25654
section 122.71 of the Revised Code.	25655

(B) Any minority business enterprise that desires to bid on a	25656
contract under division (C) or (D) of this section shall first	25657
apply to the equal employment opportunity coordinator in the	25658
department of administrative services for certification as a	25659
minority business enterprise. The coordinator shall approve the	25660
application of any minority business enterprise that complies with	25661
the rules adopted under section 122.71 of the Revised Code. The	25662
coordinator shall prepare and maintain a list of minority business	25663
enterprises certified under this section.	25664

(C) From the contracts to be awarded for the purchases of	25665
equipment, materials, supplies, insurance, and nonprogram	25666
services, other than contracts entered into and exempt under	25667
sections 307.86 and 5126.05 of the Revised Code, each county board	25668
of ~~mental retardation and~~ developmental disabilities shall select	25669
a number of contracts with an aggregate value of approximately	25670
fifteen per cent of the total estimated value of such contracts to	25671
be awarded in the current calendar year. The board shall set aside	25672
the contracts so selected for bidding by minority business	25673
enterprises only. The bidding procedures for such contracts shall	25674
be the same as for all other contracts awarded under section	25675
307.86 of the Revised Code, except that only minority business	25676
enterprises certified and listed under division (B) of this	25677
section shall be qualified to submit bids. Contracts set aside and	25678
awarded under this section shall not include contracts for the	25679
purchase of services such as direct and ancillary services,	25680
service and support administration, residential services, and	25681
family support services.	25682

(D) To the extent that a board is authorized to enter into	25683
contracts for construction which are not exempt from the	25684
competitive bidding requirements of section 307.86 of the Revised	25685
Code, the board shall set aside a number of contracts the	25686
aggregate value of which equals approximately five per cent of the	25687
aggregate value of construction contracts for the current calendar	25688
year for bidding by minority business enterprises only. The	25689
bidding procedures for the contracts set aside for minority	25690
business enterprises shall be the same as for all other contracts	25691
awarded by the board, except that only minority business	25692
enterprises certified and listed under division (B) of this	25693
section shall be qualified to submit bids.	25694

Any contractor awarded a construction contract pursuant to	25695
this section shall make every effort to ensure that certified	25696
minority business subcontractors and materials suppliers	25697
participate in the contract. In the case of contracts specified in	25698
this division, the total value of subcontracts awarded to and	25699
materials and services purchased from minority businesses shall be	25700
at least ten per cent of the total value of the contract, wherever	25701
possible and whenever the contractor awards subcontracts or	25702
purchases materials or services.	25703

(E) In the case of contracts set aside under divisions (C)	25704
and (D) of this section, if no bid is submitted by a minority	25705
business enterprise, the contract shall be awarded according to	25706
normal bidding procedures. The board shall from time to time set	25707
aside such additional contracts as are necessary to replace those	25708
contracts previously set aside on which no minority business	25709
enterprise bid.	25710

(F) This section does not preclude any minority business	25711
enterprise from bidding on any other contract not specifically set	25712
aside for minority business enterprises.	25713

(G) Within ninety days after the beginning of each calendar	25714
year, each county board of ~~mental retardation and~~ developmental	25715
disabilities shall file a report with the department of ~~mental~~	25716
~~retardation and~~ developmental disabilities that shows for that	25717
calendar year the name of each minority business enterprise with	25718
which the board entered into a contract, the value and type of	25719
each such contract, the total value of contracts awarded under	25720
divisions (C) and (D) of this section, the total value of	25721
contracts awarded for the purchases of equipment, materials,	25722
supplies, or services, other than contracts entered into under the	25723
exemptions of sections 307.86 and 5126.05 of the Revised Code, and	25724
the total value of contracts entered into for construction.	25725

(H) Any person who intentionally misrepresents that person as	25726
owning, controlling, operating, or participating in a minority	25727
business enterprise for the purpose of obtaining contracts or any	25728
other benefits under this section shall be guilty of theft by	25729
deception as provided for in section 2913.02 of the Revised Code.	25730

Sec. 5126.08. (A) The director of ~~mental retardation and~~	25731
developmental disabilities shall adopt rules in accordance with	25732
Chapter 119. of the Revised Code for all programs and services	25733
offered by a county board of ~~mental retardation and~~ developmental	25734
disabilities. Such rules shall include, but are not limited to,	25735
the following:	25736

(1) Determination of what constitutes a program or service;

25737

(2) Standards to be followed by a board in administering,	25738
providing, arranging, or operating programs and services;	25739

(3) Standards for determining the nature and degree of mental	25740
retardation, including mild mental retardation, or developmental	25741
disability;	25742

(4) Standards for determining eligibility for programs and	25743
services under sections 5126.042 and 5126.15 of the Revised Code;	25744

(5) Procedures for obtaining consent for the arrangement of	25745
services under section 5126.31 of the Revised Code and for	25746
obtaining signatures on individual service plans under that	25747
section;	25748

(6) Specification of the service and support administration	25749
to be provided by a county board and standards for resolving	25750
grievances in connection with service and support administration;	25751

(7) Standards for the provision of environmental	25752
modifications, including standards that require adherence to all	25753
applicable state and local building codes;	25754

(8) Standards for the provision of specialized medical,	25755
adaptive, and assistive equipment, supplies, and supports.	25756

(B) The director shall be the final authority in determining	25757
the nature and degree of mental retardation or developmental	25758
disability.	25759

Sec. 5126.081. (A) In addition to the rules adopted under	25760
division (A)(2) of section 5126.08 of the Revised Code	25761
establishing standards for the administration, provision,	25762
arrangement, and operation of programs and services by county	25763
boards of ~~mental retardation and~~ developmental disabilities, the	25764
department of ~~mental retardation and~~ developmental disabilities	25765
shall establish a system of accreditation for county boards of	25766
~~mental retardation and~~ developmental disabilities to ensure that	25767
the boards are in compliance with federal and state statutes and	25768
rules. The department shall adopt rules in accordance with Chapter	25769
119. of the Revised Code governing the system of accreditation.	25770
The rules shall include appropriate timelines for compliance when	25771
a board is found to be not in compliance and appropriate actions	25772
to be taken by boards in complying with the accreditation	25773
requirements.	25774

(B) Prior to accrediting a board, the department shall	25775
conduct a comprehensive, on-site review of the board. During the	25776
review, the department shall document the board's compliance with	25777
the department's accreditation requirements. After completing the	25778
review, the department shall conduct an exit conference with the	25779
president of the board, the superintendent of the board, and any	25780
other officials the board asks to have present. The department	25781
shall discuss its findings from the review with the board's	25782
representatives and provide a written report of its findings not	25783
later than thirty days following the exit conference. If the	25784
department finds that the board is in compliance with the	25785
requirements for accreditation, the department shall issue	25786
evidence of accreditation to the board.	25787

Accreditation may be granted for periods of up to five years	25788
and may be renewed. Not less than once prior to the date a board's	25789
accreditation is scheduled to expire, the department shall conduct	25790
a comprehensive, on-site review of the board.	25791

Each board shall conduct an annual audit of itself to	25792
evaluate its compliance with the requirements for accreditation.	25793
The department may conduct an interim review of any new program or	25794
service initiated by a board after its last comprehensive review.	25795
The department may conduct other reviews and investigations as	25796
necessary to enforce this section.	25797

(C) If the department determines through its review of a	25798
board that the board is not in compliance with the requirements	25799
for accreditation, the department shall, except as provided in	25800
division (F) of this section, grant the board an opportunity to	25801
correct the matters in which it is not in compliance. The	25802
department shall grant the board an appropriate length of time to	25803
comply with the requirements prior to taking any action to deny	25804
accreditation to the board. To avoid denial of accreditation, the	25805
board superintendent shall prepare a plan of correction to	25806
remediate the matters specified in the department's written report	25807
as not being in compliance with the requirements for	25808
accreditation. The superintendent shall submit the plan to the	25809
board for review, and the board shall review the plan. If the	25810
board believes that the plan is sufficient to correct the matters,	25811
the board shall approve the plan by resolution and submit the plan	25812
to the department for its review. The department shall review the	25813
plan of correction. If the department approves the plan, the board	25814
shall commence action to implement the plan. The department shall,	25815
as necessary, conduct follow-up reviews of the board to determine	25816
whether it has met the requirements for accreditation. If the plan	25817
of correction submitted by a board is disapproved, the department	25818
shall inform the board of the reasons for disapproval and may	25819
grant the board an opportunity to submit a revised plan of	25820
correction.	25821

A board may request technical assistance from the department,	25822
other boards, or professional organizations in preparing plans of	25823
correction and in implementing plans of correction.	25824

(D) If, after being given the opportunity to implement a plan	25825
of correction, a board continues to fail to meet the requirements	25826
for accreditation, the department shall issue an order denying	25827
accreditation to the board. The department may deny accreditation	25828
to the board for all or part of the programs or services offered	25829
by the board.	25830

The department shall simultaneously notify all of the	25831
following officials in the county: the members of the board of	25832
county commissioners, the senior probate judge, the county	25833
auditor, and the president and superintendent of the county board	25834
of ~~mental retardation and~~ developmental disabilities. The notice	25835
shall identify the programs and services that have been denied	25836
accreditation, the requirements for accreditation with which the	25837
board is not in compliance, and the responsibilities of the county	25838
officials to contract under division (E)(1) of this section to	25839
have the board's programs and services administered by another	25840
party or become subject to administrative receivership under	25841
division (E)(2) of this section.	25842

(E)(1) When a board is denied accreditation, the department	25843
shall first give the board the option of contracting to have the	25844
board's programs and services that were denied accreditation	25845
administered by an accredited county board of ~~mental retardation~~	25846
~~and~~ developmental disabilities or another qualified entity subject	25847
to the approval of the department. The board may contract with	25848
more than one board that has been accredited. When a board enters	25849
into a contract, the board shall, by resolution, give the	25850
contractor full administrative authority over the programs and	25851
services that the contractor will administer.	25852

(2) If a board fails to exercise its option of entering into	25853
a contract under division (E)(1) of this section sooner than	25854
thirty days after the department denies accreditation, the	25855
department shall appoint an administrative receiver of the board's	25856
programs and services that were denied accreditation. The	25857
department may appoint employees of the department, management	25858
personnel from county boards of ~~mental retardation and~~	25859
developmental disabilities, or individuals from other entities as	25860
necessary to meet its needs for appointing an administrative	25861
receiver, except that individuals from other entities may be	25862
appointed only when qualified department employees or board	25863
management personnel are unavailable. The department may not	25864
appoint an individual who is employed by or affiliated with an	25865
entity that is under contract with the board. The administrative	25866
receiver shall assume full administrative responsibility for the	25867
board's programs and services that were denied accreditation.	25868

(3) The board or entity that contracts with a board under	25869
division (E)(1) of this section, or the administrative receiver	25870
appointed under division (E)(2) of this section, shall develop and	25871
implement a plan of correction to remediate the matters that	25872
caused the department to deny accreditation. The contractor or	25873
administrative receiver shall submit the plan to the department,	25874
and the department shall review the plan. If the plan is approved	25875
by the department, the contractor or administrative receiver shall	25876
commence action to implement the plan. The contractor or	25877
administrative receiver shall report to the department any	25878
findings it can make pertaining to issues or circumstances that	25879
are beyond the control of the board and result in the unlikelihood	25880
that compliance with the requirements for accreditation can be	25881
achieved unless the issues or circumstances are remediated.	25882

(4) For purposes of divisions (E)(1) and (2) of this section,	25883
the department shall require the board that has been denied	25884
accreditation to transfer control of state and federal funds it is	25885
eligible to receive for the board's programs and services that	25886
have been denied accreditation in an amount necessary for the	25887
contractor or administrative receiver to fulfill its duties in	25888
administering the programs and services for the board. The	25889
transfer of control of funds does not cause any programs and	25890
services of the board that are accredited to lose their	25891
accreditation. If the board refuses to transfer control of funds,	25892
the department may withhold state and federal funds from the board	25893
in an amount necessary for the contractor or administrative	25894
receiver to fulfill its duties. The amount transferred or withheld	25895
from a board shall include reimbursements for the personnel of the	25896
contractor or administrative receiver, including amounts for time	25897
worked, travel, and related expenses.	25898

A contractor or administrative receiver that has assumed the	25899
administration of a board's programs and services has the right to	25900
authorize the payment of bills in the same manner that a board may	25901
authorize payment of bills under this chapter and section 319.16	25902
of the Revised Code.	25903

(F) When the department's review of a board reveals serious	25904
health and safety issues within the programs and services offered	25905
by the board, the department shall order the board to correct the	25906
violations immediately or appoint an administrative receiver.	25907

(G) At any time a board can demonstrate that it is capable of	25908
assuming its duties in compliance with the department's	25909
requirements for accreditation, the department shall reverse its	25910
order denying accreditation and issue evidence of accreditation to	25911
the board.	25912

A board may appeal the department's denial of accreditation	25913
or refusal to reverse a denial of accreditation only by filing a	25914
complaint under section 5123.043 of the Revised Code. If in its	25915
appeal the board can demonstrate that it is capable of assuming	25916
its duties in compliance with the department's requirements for	25917
accreditation, the department shall reverse its order denying	25918
accreditation and shall issue evidence of accreditation to the	25919
board.	25920

(H) All notices issued to a board by the department under	25921
this section shall be delivered to the board's president and	25922
superintendent.	25923

(I) A board's president may designate another member of the	25924
board as the individual to be responsible for fulfilling all or	25925
part of the president's responsibilities established under this	25926
section.	25927

Sec. 5126.082. (A) In addition to the rules adopted under	25928
division (A)(2) of section 5126.08 of the Revised Code	25929
establishing standards to be followed by county boards of ~~mental~~	25930
~~retardation and~~ developmental disabilities in administering,	25931
providing, arranging, and operating programs and services and in	25932
addition to the board accreditation system established under	25933
section 5126.081 of the Revised Code, the director of ~~mental~~	25934
~~retardation and~~ developmental disabilities shall adopt rules in	25935
accordance with Chapter 119. of the Revised Code establishing	25936
standards for promoting and advancing the quality of life of	25937
individuals with mental retardation and developmental disabilities	25938
receiving any of the following:	25939

(1) Early childhood services pursuant to section 5126.05 of	25940
the Revised Code for children under age three;	25941

(2) Adult services pursuant to section 5126.05 and division	25942
(B) of section 5126.051 of the Revised Code for individuals age	25943
sixteen or older;	25944

(3) Family support services pursuant to section 5126.11 of	25945
the Revised Code.	25946

(B) The rules adopted under this section shall specify the	25947
actions county boards of ~~mental retardation and~~ developmental	25948
disabilities and the agencies with which they contract should take	25949
to do the following:	25950

(1) Offer individuals with mental retardation and	25951
developmental disabilities, and their families when appropriate,	25952
choices in programs and services that are centered on the needs	25953
and desires of those individuals;	25954

(2) Maintain infants with their families whenever possible by	25955
collaborating with other agencies that provide services to infants	25956
and their families and taking other appropriate actions;	25957

(3) Provide families that have children with mental	25958
retardation and developmental disabilities under age eighteen	25959
residing in their homes the resources necessary to allow the	25960
children to remain in their homes;	25961

(4) Create and implement community employment services based	25962
on the needs and desires of adults with mental retardation and	25963
developmental disabilities;	25964

(5) Create, in collaboration with other agencies,	25965
transportation systems that provide safe and accessible	25966
transportation within the county to individuals with disabilities;	25967

(6) Provide services that allow individuals with disabilities	25968
to be integrated into the community by engaging in educational,	25969
vocational, and recreational activities with individuals who do	25970
not have disabilities;	25971

(7) Provide age-appropriate retirement services for	25972
individuals age sixty-five and older with mental retardation and	25973
developmental disabilities;	25974

(8) Establish residential services and supported living for	25975
individuals with mental retardation and developmental disabilities	25976
in accordance with their needs.	25977

(C) To assist in funding programs and services that meet the	25978
standards established under this section, each county board of	25979
~~mental retardation and~~ developmental disabilities shall make a	25980
good faith effort to acquire available federal funds, including	25981
reimbursements under Title XIX of the "Social Security Act," 79	25982
Stat. 286 (1965), 42 U.S.C.A. 1396, as amended.	25983

(D) Each county board of ~~mental retardation and~~ developmental	25984
disabilities shall work toward full compliance with the standards	25985
established under this section, based on its available resources.	25986
Funds received under this chapter shall be used to comply with the	25987
standards. Annually, each board shall conduct a self audit to	25988
evaluate the board's progress in complying fully with the	25989
standards.	25990

(E) The department shall complete a program quality review of	25991
each county board of ~~mental retardation and~~ developmental	25992
disabilities to determine the extent to which the board has	25993
complied with the standards. The review shall be conducted in	25994
conjunction with the comprehensive accreditation review of the	25995
board that is conducted under section 5126.081 of the Revised	25996
Code.	25997

Notwithstanding any provision of this chapter or Chapter	25998
5123. of the Revised Code requiring the department to distribute	25999
funds to county boards of ~~mental retardation and~~ developmental	26000
disabilities, the department may withhold funds from a board if it	26001
finds that the board is not in substantial compliance with the	26002
standards established under this section.	26003

(F) When the standards for accreditation from the commission	26004
on accreditation of rehabilitation facilities, or another	26005
accrediting agency, meet or exceed the standards established under	26006
this section, the director may accept accreditation from the	26007
commission or other agency as evidence that the board is in	26008
compliance with all or part of the standards established under	26009
this section. Programs and services accredited by the commission	26010
or agency are exempt from the program quality reviews required by	26011
division (E) of this section.	26012

Sec. 5126.09. A county board of ~~mental retardation and~~	26013
developmental disabilities may procure a policy or policies of	26014
insurance insuring board members or employees of the board or	26015
agencies with which the board contracts or volunteer bus rider	26016
assistants authorized by section 5126.061 of the Revised Code	26017
against liability arising from the performance of their official	26018
duties.	26019

Sec. 5126.10. The director of ~~mental retardation and~~	26020
developmental disabilities shall adopt rules in accordance with	26021
Chapter 119. of the Revised Code establishing standard cost	26022
allocation procedures and shall require county boards of ~~mental~~	26023
~~retardation and~~ developmental disabilities to use such procedures	26024
to allocate all indirect costs to services provided pursuant to	26025
Chapters 3323. and 5126. of the Revised Code.	26026

Sec. 5126.11. (A) As used in this section, "respite care"	26027
means appropriate, short-term, temporary care that is provided to	26028
a mentally retarded or developmentally disabled person to sustain	26029
the family structure or to meet planned or emergency needs of the	26030
family.	26031

(B) Subject to rules adopted by the director of ~~mental~~	26032
~~retardation and~~ developmental disabilities, and subject to the	26033
availability of money from state and federal sources, the county	26034
board of ~~mental retardation and~~ developmental disabilities shall	26035
establish a family support services program. Under such a program,	26036
the board shall make payments to an individual with mental	26037
retardation or other developmental disability or the family of an	26038
individual with mental retardation or other developmental	26039
disability who desires to remain in and be supported in the family	26040
home. Payments shall be made for all or part of costs incurred or	26041
estimated to be incurred for services that would promote	26042
self-sufficiency and normalization, prevent or reduce	26043
inappropriate institutional care, and further the unity of the	26044
family by enabling the family to meet the special needs of the	26045
individual and to live as much like other families as possible.	26046
Payments may be made in the form of reimbursement for expenditures	26047
or in the form of vouchers to be used to purchase services.	26048

(C) Payment shall not be made under this section to an	26049
individual or the individual's family if the individual is living	26050
in a residential facility that is providing residential services	26051
under contract with the department of ~~mental retardation and~~	26052
developmental disabilities or a county board.	26053

(D) Payments may be made for the following services:

26054

(1) Respite care, in or out of the home;

26055

(2) Counseling, supervision, training, and education of the	26056
individual, the individual's caregivers, and members of the	26057
individual's family that aid the family in providing proper care	26058
for the individual, provide for the special needs of the family,	26059
and assist in all aspects of the individual's daily living;	26060

(3) Special diets, purchase or lease of special equipment, or	26061
modifications of the home, if such diets, equipment, or	26062
modifications are necessary to improve or facilitate the care and	26063
living environment of the individual;	26064

(4) Providing support necessary for the individual's	26065
continued skill development, including such services as	26066
development of interventions to cope with unique problems that may	26067
occur within the complexity of the family, enrollment of the	26068
individual in special summer programs, provision of appropriate	26069
leisure activities, and other social skills development	26070
activities;	26071

(5) Any other services that are consistent with the purposes	26072
specified in division (B) of this section and specified in the	26073
individual's service plan.	26074

(E) In order to be eligible for payments under a family	26075
support services program, the individual or the individual's	26076
family must reside in the county served by the county board, and	26077
the individual must be in need of habilitation. Payments shall be	26078
adjusted for income in accordance with the payment schedule	26079
established in rules adopted under this section. Payments shall be	26080
made only after the county board has taken into account all other	26081
available assistance for which the individual or family is	26082
eligible.	26083

(F) Before incurring expenses for a service for which payment	26084
will be sought under a family support services program, the	26085
individual or family shall apply to the county board for a	26086
determination of eligibility and approval of the service. The	26087
service need not be provided in the county served by the county	26088
board. After being determined eligible and receiving approval for	26089
the service, the individual or family may incur expenses for the	26090
service or use the vouchers received from the county board for the	26091
purchase of the service.	26092

If the county board refuses to approve a service, an appeal	26093
may be made in accordance with rules adopted by the department	26094
under this section.	26095

(G) To be reimbursed for expenses incurred for approved	26096
services, the individual or family shall submit to the county	26097
board a statement of the expenses incurred accompanied by any	26098
evidence required by the board. To redeem vouchers used to	26099
purchase approved services, the entity that provided the service	26100
shall submit to the county board evidence that the service was	26101
provided and a statement of the charges. The county board shall	26102
make reimbursements and redeem vouchers no later than forty-five	26103
days after it receives the statements and evidence required by	26104
this division.	26105

(H) A county board shall consider the following objectives in	26106
carrying out a family support services program:	26107

(1) Enabling individuals to return to their families from an	26108
institution under the jurisdiction of the department of ~~mental~~	26109
~~retardation and~~ developmental disabilities;	26110

(2) Enabling individuals found to be subject to	26111
institutionalization by court order under section 5123.76 of the	26112
Revised Code to remain with their families with the aid of	26113
payments provided under this section;	26114

(3) Providing services to eligible children and adults	26115
currently residing in the community;	26116

(4) Providing services to individuals with developmental	26117
disabilities who are not receiving other services from the board.	26118

(I) The director shall adopt, and may amend and rescind,	26119
rules for the implementation of family support services programs	26120
by county boards. Such rules shall include the following:	26121

(1) A payment schedule adjusted for income;

26122

(2) A formula for distributing to county boards the money	26123
appropriated for family support services;	26124

(3) Standards for supervision, training, and quality control	26125
in the provision of respite care services;	26126

(4) Eligibility standards and procedures for providing	26127
temporary emergency respite care;	26128

(5) Procedures for hearing and deciding appeals made under	26129
division (F) of this section;	26130

(6) Requirements to be followed by county boards regarding	26131
reports submitted under division (K) of this section.	26132

Rules adopted under divisions (I)(1) and (2) of this section	26133
shall be adopted in accordance with section 111.15 of the Revised	26134
Code. Rules adopted under divisions (I)(3) to (6) of this section	26135
shall be adopted in accordance with Chapter 119. of the Revised	26136
Code.	26137

(J) All individuals certified by the superintendent of the	26138
county board as eligible for temporary emergency respite care in	26139
accordance with rules adopted under this section shall be	26140
considered eligible for temporary emergency respite care for not	26141
more than five days to permit the determination of eligibility for	26142
family support services. The requirements of divisions (E) and (F)	26143
of this section do not apply to temporary emergency respite care.	26144

(K) The department of ~~mental retardation and~~ developmental	26145
disabilities shall distribute to county boards money appropriated	26146
for family support services in quarterly installments of equal	26147
amounts. The installments shall be made not later than the	26148
thirtieth day of September, the thirty-first day of December, the	26149
thirty-first day of March, and the thirtieth day of June. A county	26150
board shall use no more than seven per cent of the funds for	26151
administrative costs. Each county board shall submit reports to	26152
the department on payments made under this section. The reports	26153
shall be submitted at those times and in the manner specified in	26154
rules adopted under this section.	26155

(L) The county board shall not be required to make payments	26156
for family support services at a level that exceeds available	26157
state and federal funds for such payments.	26158

Sec. 5126.12. (A) As used in this section:

26159

(1) "Approved school age class" means a class operated by a	26160
county board of ~~mental retardation and~~ developmental disabilities	26161
and funded by the department of education under section 3317.20 of	26162
the Revised Code.	26163

(2) "Approved preschool unit" means a class or unit operated	26164
by a county board of ~~mental retardation and~~ developmental	26165
disabilities and approved under division (B) of section 3317.05 of	26166
the Revised Code.	26167

(3) "Active treatment" means a continuous treatment program,	26168
which includes aggressive, consistent implementation of a program	26169
of specialized and generic training, treatment, health services,	26170
and related services, that is directed toward the acquisition of	26171
behaviors necessary for an individual with mental retardation or	26172
other developmental disability to function with as much	26173
self-determination and independence as possible and toward the	26174
prevention of deceleration, regression, or loss of current optimal	26175
functional status.	26176

(4) "Eligible for active treatment" means that an individual	26177
with mental retardation or other developmental disability resides	26178
in an intermediate care facility for the mentally retarded	26179
certified under Title XIX of the "Social Security Act," 79 Stat.	26180
286 (1965), 42 U.S.C. 1396, as amended; resides in a state	26181
institution operated by the department of ~~mental retardation and~~	26182
developmental disabilities; or is enrolled in home and	26183
community-based services.	26184

(5) "Traditional adult services" means vocational and	26185
nonvocational activities conducted within a sheltered workshop or	26186
adult activity center or supportive home services.	26187

(B) Each county board of ~~mental retardation and~~ developmental	26188
disabilities shall certify to the director of ~~mental retardation~~	26189
~~and~~ developmental disabilities all of the following:	26190

(1) On or before the fifteenth day of October, the average	26191
daily membership for the first full week of programs and services	26192
during October receiving:	26193

(a) Early childhood services provided pursuant to section	26194
5126.05 of the Revised Code for children who are less than three	26195
years of age on the thirtieth day of September of the academic	26196
year;	26197

(b) Special education for children with disabilities in	26198
approved school age classes;	26199

(c) Adult services for persons sixteen years of age and older	26200
operated pursuant to section 5126.05 and division (B) of section	26201
5126.051 of the Revised Code. Separate counts shall be made for	26202
the following:	26203

(i) Persons enrolled in traditional adult services who are	26204
eligible for but not enrolled in active treatment;	26205

(ii) Persons enrolled in traditional adult services who are	26206
eligible for and enrolled in active treatment;	26207

(iii) Persons enrolled in traditional adult services but who	26208
are not eligible for active treatment;	26209

(iv) Persons participating in community employment services.	26210
To be counted as participating in community employment services, a	26211
person must have spent an average of no less than ten hours per	26212
week in that employment during the preceding six months.	26213

(d) Other programs in the county for individuals with mental	26214
retardation and developmental disabilities that have been approved	26215
for payment of subsidy by the department of ~~mental retardation and~~	26216
developmental disabilities.	26217

The membership in each such program and service in the county	26218
shall be reported on forms prescribed by the department of ~~mental~~	26219
~~retardation and~~ developmental disabilities.	26220

The department of ~~mental retardation and~~ developmental	26221
disabilities shall adopt rules defining full-time equivalent	26222
enrollees and for determining the average daily membership	26223
therefrom, except that certification of average daily membership	26224
in approved school age classes shall be in accordance with rules	26225
adopted by the state board of education. The average daily	26226
membership figure shall be determined by dividing the amount	26227
representing the sum of the number of enrollees in each program or	26228
service in the week for which the certification is made by the	26229
number of days the program or service was offered in that week. No	26230
enrollee may be counted in average daily membership for more than	26231
one program or service.	26232

(2) By the fifteenth day of December, the number of children	26233
enrolled in approved preschool units on the first day of December;	26234

(3) On or before the thirtieth day of April, an itemized	26235
report of all income and operating expenditures for the	26236
immediately preceding calendar year, in the format specified by	26237
the department of ~~mental retardation and~~ developmental	26238
disabilities;	26239

(4) That each required certification and report is in	26240
accordance with rules established by the department of ~~mental~~	26241
~~retardation and~~ developmental disabilities and the state board of	26242
education for the operation and subsidization of the programs and	26243
services.	26244

Sec. 5126.121. Each county board of ~~mental retardation and~~	26245
developmental disabilities may be eligible to receive a subsidy	26246
from the department of ~~mental retardation and~~ developmental	26247
disabilities for the employment of a business manager as provided	26248
in this section. The department shall adopt rules in accordance	26249
with Chapter 119. of the Revised Code specifying standards for the	26250
employment of such a business manager. The rules shall include the	26251
minimum education and experience requirements for the position of	26252
business manager and shall specify requirements for courses in	26253
fiscal and business management that are annually sponsored or	26254
certified by the department and that are applicable to the	26255
position and designed to teach effective business practices. Each	26256
county board of ~~mental retardation and~~ developmental disabilities	26257
that employs a business manager in accordance with the standards	26258
adopted under this section may receive a subsidy from the	26259
department.	26260

The department shall distribute this subsidy to eligible	26261
county boards in quarterly installments of equal amounts. The	26262
installments shall be made not later than the thirtieth day of	26263
September, the thirty-first day of December, the thirty-first day	26264
of March, and the thirtieth day of June.	26265

Sec. 5126.13. (A) A county board of ~~mental retardation and~~	26266
developmental disabilities may enter into an agreement with one or	26267
more other county boards of ~~mental retardation and~~ developmental	26268
disabilities to establish a regional council in accordance with	26269
Chapter 167. of the Revised Code. The agreement shall specify the	26270
duties and functions to be performed by the council, which may	26271
include any duty or function a county board is required or	26272
authorized to perform under this chapter. If directed to do so by	26273
a resolution adopted by a county board that is a member of a	26274
regional council, the department of ~~mental retardation and~~	26275
developmental disabilities shall make any distributions of money	26276
for that county for the duties or functions performed by the	26277
council pursuant to its agreement that are otherwise required to	26278
be made to the county board under this chapter to the fiscal	26279
officer of the council designated under section 167.04 of the	26280
Revised Code.	26281

A county board may also enter into an agreement with one or	26282
more school districts or other political subdivisions to establish	26283
a regional council in accordance with Chapter 167. of the Revised	26284
Code.	26285

(B) On or before the thirtieth day of March, the fiscal	26286
officer of a regional council described in this section shall	26287
report to the department of ~~mental retardation and~~ developmental	26288
disabilities, in the format specified by the department, all	26289
income and operating expenditures of the council for the	26290
immediately preceding calendar year.	26291

Sec. 5126.14. The entity responsible for the habilitation	26292
management included in adult day habilitation services, the	26293
program management included in residential services, and the	26294
program management included in supported living shall provide	26295
administrative oversight by doing all of the following:	26296

(A) Having available supervisory personnel to monitor and	26297
ensure implementation of all interventions in accordance with	26298
every individual service plan implemented by the staff who work	26299
with the individuals receiving the services;	26300

(B) Providing appropriate training and technical assistance	26301
for all staff who work with the individuals receiving services;	26302

(C) Communicating with service and support administration	26303
staff for the purpose of coordinating activities to ensure that	26304
services are provided to individuals in accordance with individual	26305
service plans and intended outcomes;	26306

(D) Monitoring for unusual and major unusual incidents and	26307
cases of abuse, neglect, exploitation, or misappropriation of	26308
funds involving the individual under the care of staff who are	26309
providing the services; taking immediate actions as necessary to	26310
maintain the health, safety, and welfare of the individuals	26311
receiving the services; and providing notice of unusual and major	26312
unusual incidents and suspected cases of abuse, neglect,	26313
exploitation, or misappropriation of funds to the county board of	26314
~~mental retardation and~~ developmental disabilities;	26315

(E) Performing other administrative duties as required by	26316
state or federal law or by the county board of ~~mental retardation~~	26317
~~and~~ developmental disabilities through contracts with providers.	26318

Sec. 5126.15. (A) A county board of ~~mental retardation and~~	26319
developmental disabilities shall provide service and support	26320
administration to each individual three years of age or older who	26321
is eligible for service and support administration if the	26322
individual requests, or a person on the individual's behalf	26323
requests, service and support administration. A board shall	26324
provide service and support administration to each individual	26325
receiving home and community-based services. A board may provide,	26326
in accordance with the service coordination requirements of 34	26327
C.F.R. 303.23, service and support administration to an individual	26328
under three years of age eligible for early intervention services	26329
under 34 C.F.R. part 303. A board may provide service and support	26330
administration to an individual who is not eligible for other	26331
services of the board. Service and support administration shall be	26332
provided in accordance with rules adopted under section 5126.08 of	26333
the Revised Code.	26334

A board may provide service and support administration by	26335
directly employing service and support administrators or by	26336
contracting with entities for the performance of service and	26337
support administration. Individuals employed or under contract as	26338
service and support administrators shall not be in the same	26339
collective bargaining unit as employees who perform duties that	26340
are not administrative.	26341

Individuals employed by a board as service and support	26342
administrators shall not be assigned responsibilities for	26343
implementing other services for individuals and shall not be	26344
employed by or serve in a decision-making or policy-making	26345
capacity for any other entity that provides programs or services	26346
to individuals with mental retardation or developmental	26347
disabilities. An individual employed as a conditional status	26348
service and support administrator shall perform the duties of	26349
service and support administration only under the supervision of a	26350
management employee who is a service and support administration	26351
supervisor.	26352

(B) The individuals employed by or under contract with a	26353
board to provide service and support administration shall do all	26354
of the following:	26355

(1) Establish an individual's eligibility for the services of	26356
the county board of ~~mental retardation and~~ developmental	26357
disabilities;	26358

(2) Assess individual needs for services;

26359

(3) Develop individual service plans with the active	26360
participation of the individual to be served, other persons	26361
selected by the individual, and, when applicable, the provider	26362
selected by the individual, and recommend the plans for approval	26363
by the department of ~~mental retardation and~~ developmental	26364
disabilities when services included in the plans are funded	26365
through medicaid;	26366

(4) Establish budgets for services based on the individual's	26367
assessed needs and preferred ways of meeting those needs;	26368

(5) Assist individuals in making selections from among the	26369
providers they have chosen;	26370

(6) Ensure that services are effectively coordinated and	26371
provided by appropriate providers;	26372

(7) Establish and implement an ongoing system of monitoring	26373
the implementation of individual service plans to achieve	26374
consistent implementation and the desired outcomes for the	26375
individual;	26376

(8) Perform quality assurance reviews as a distinct function	26377
of service and support administration;	26378

(9) Incorporate the results of quality assurance reviews and	26379
identified trends and patterns of unusual incidents and major	26380
unusual incidents into amendments of an individual's service plan	26381
for the purpose of improving and enhancing the quality and	26382
appropriateness of services rendered to the individual;	26383

(10) Ensure that each individual receiving services has a	26384
designated person who is responsible on a continuing basis for	26385
providing the individual with representation, advocacy, advice,	26386
and assistance related to the day-to-day coordination of services	26387
in accordance with the individual's service plan. The service and	26388
support administrator shall give the individual receiving services	26389
an opportunity to designate the person to provide daily	26390
representation. If the individual declines to make a designation,	26391
the administrator shall make the designation. In either case, the	26392
individual receiving services may change at any time the person	26393
designated to provide daily representation.	26394

Sec. 5126.18. (A) As used in this section:

26395

(1) "County board" means a county board of ~~mental retardation~~	26396
~~and~~ developmental disabilities.	26397

(2) Notwithstanding section 5126.01 of the Revised Code,	26398
"adult services" means the following services, as they are	26399
identified on individual information forms submitted by county	26400
boards to the department of ~~mental retardation and~~ developmental	26401
disabilities, provided to an individual with mental retardation	26402
or other developmental disability who is at least twenty-two years	26403
of age:	26404

(a) Assessment;

26405

(b) Home service;

26406

26407

(d) Community employment services;

26408

(e) Retirement.

26409

(3) "Adult services enrollment" means a county board's	26410
average daily membership in adult services, exclusive of such	26411
services provided to individuals served solely through service and	26412
support administration provided pursuant to section 5126.15 of the	26413
Revised Code or family support services provided pursuant to	26414
section 5126.11 of the Revised Code.	26415

(4) "Taxable value" means the taxable value of a county board	26416
certified under division (B)(1) of this section.	26417

(5) "Per-mill yield" of a county board means the quotient	26418
obtained by dividing (a) the taxable value of the county board by	26419
(b) one thousand.	26420

(6) "Local adult services cost" means a county board's	26421
expenditures for adult services, excluding all federal and state	26422
reimbursements and subsidy allocations received by such boards and	26423
expended for such services, as certified under section 5126.12 of	26424
the Revised Code.	26425

(7) "Statewide average millage" means one thousand multiplied	26426
by the quotient obtained by dividing (a) the total of the local	26427
adult services costs of all county boards by (b) the total of the	26428
taxable values of all county boards.	26429

(8) "County yield" of a county board means the product	26430
obtained by multiplying (a) the statewide average millage by (b)	26431
the per-mill yield of the county board.	26432

(9) "County yield per enrollee" of a county board means the	26433
quotient obtained by dividing (a) the county yield of the county	26434
board by (b) the adult enrollment of the county board.	26435

(10) "Statewide yield per enrollee" means the quotient	26436
obtained by dividing (a) the sum of the county yields of all	26437
county boards by (b) the sum of the adult enrollments of all	26438
county boards.	26439

(11) "Local tax effort for adult services" of a county board	26440
means one thousand multiplied by the quotient obtained by dividing	26441
(a) the local adult services cost of the county board by (b) the	26442
taxable value of the county board.	26443

(12) "Funding percentage" for a fiscal year means the	26444
percentage that the amount appropriated to the department for the	26445
purpose of making payments under this section in the fiscal year	26446
is of the amount computed under division (C)(3) of this section	26447
for the fiscal year.	26448

(13) "Funding-adjusted required millage" for a fiscal year	26449
means the statewide average millage multiplied by the funding	26450
percentage for that fiscal year.	26451

(B)(1) On the request of the director of ~~mental retardation~~	26452
~~and~~ developmental disabilities, the tax commissioner shall provide	26453
to the department of ~~mental retardation and~~ developmental	26454
disabilities information specifying the taxable value of property	26455
on each county's tax list of real and public utility property and	26456
tax list of personal property for the most recent tax year for	26457
which such information is available. The director may request any	26458
other tax information necessary for the purposes of this section.	26459

(2) On the request of the director, each county board shall	26460
report the county board's adult services enrollment and local	26461
adult services cost.	26462

(C) Each year, the department of ~~mental retardation and~~	26463
developmental disabilities shall compute the following:	26464

(1) For each county board, the amount, if any, by which the	26465
statewide yield per enrollee exceeds the county yield per	26466
enrollee;	26467

(2) For each county board, the amount of any excess computed	26468
under division (C)(1) of this section multiplied by the adult	26469
services enrollment of the county board;	26470

(3) The sum of the amounts computed under division (C)(2) of	26471
this section for all county boards.	26472

(D) From money appropriated for the purpose, the department	26473
shall provide for payment to each county board of the amount	26474
computed for that county board under division (C)(2) of this	26475
section, subject to any reduction or adjustment under division	26476
(E), (F), or (G) of this section. The department shall make the	26477
payments in quarterly installments of equal amounts. The	26478
installments shall be made not later than the thirtieth day of	26479
September, thirty-first day of December, thirty-first day of	26480
March, and thirtieth day of June.	26481

(E) If a county board's local tax effort for adult services	26482
is less than the funding-adjusted required millage, the director	26483
shall reduce the amount of payment otherwise computed under	26484
division (C)(2) of this section so that the amount paid, after the	26485
reduction, is the same percentage of the amount computed under	26486
division (C)(2) of this section as the county board's local tax	26487
effort for adult services is of the funding-adjusted required	26488
millage.	26489

If the director reduces the amount of a county board's	26490
payment under this division, the department, not later than the	26491
fifteenth day of July, shall notify the county board of the	26492
reduction and the amount of the reduction. The notice shall	26493
include a statement that the county board may request to be	26494
exempted from the reduction by filing a request with the director,	26495
in the manner and form prescribed by the director, within	26496
twenty-one days after such notification is issued. The board may	26497
present evidence of its attempt to obtain passage of levies or any	26498
other extenuating circumstances the board considers relevant. If	26499
the county board requests a hearing before the director to present	26500
such evidence, the director shall conduct a hearing on the request	26501
unless the director exempts the board from the reduction on the	26502
basis of the evidence presented in the request filed by the board.	26503
Upon receiving a properly and timely filed request for exemption,	26504
but not later than the thirty-first day of August, the director	26505
shall determine whether the county board shall be exempted from	26506
all or a part of the reduction. The director may exempt the board	26507
from all or part of the reduction if the director finds that the	26508
board has made good faith efforts to obtain passage of tax levies	26509
or that there are extenuating circumstances.	26510

(F) If a payment is reduced under division (E) of this	26511
section and the director does not exempt the county board from the	26512
reduction, the amount of the reduction shall be apportioned among	26513
all county boards entitled to payments under this section for	26514
which payments were not so reduced. The amount apportioned to each	26515
county board shall be proportionate to the amount of the board's	26516
payment as computed under division (C)(2) of this section.	26517

(G) If, for any fiscal year, the amount appropriated to the	26518
department for the purpose of this section is less than the amount	26519
computed under division (C)(3) of this section for the fiscal	26520
year, the department shall adjust the amount of each payment as	26521
computed under divisions (C)(2), (E), and (F) of this section by	26522
multiplying that amount by the funding percentage.	26523

(H) The payments authorized by this section are supplemental	26524
to all other funds that may be received by a county board. A	26525
county board shall use the payments solely to pay the nonfederal	26526
share of medicaid expenditures that sections 5126.059 and	26527
5126.0510 of the Revised Code require the county board to pay.	26528

Sec. 5126.19. (A) The director of ~~mental retardation and~~	26529
developmental disabilities may grant temporary funding from the	26530
community ~~mental retardation and~~ developmental disabilities trust	26531
fund based on allocations to county boards of ~~mental retardation~~	26532
~~and~~ developmental disabilities. The director may distribute all or	26533
part of the funding directly to a county board, the persons who	26534
provide the services for which the funding is granted, or persons	26535
with mental retardation or developmental disabilities who are to	26536
receive those services.	26537

(B) Funding granted under division (A) of this section shall	26538
be granted according to the availability of moneys in the fund and	26539
priorities established by the director. Funding may be granted for	26540
any of the following purposes:	26541

(1) Behavioral or short-term interventions for persons with	26542
mental retardation or developmental disabilities that assist them	26543
in remaining in the community by preventing institutionalization;	26544

(2) Emergency respite care services, as defined in section	26545
5126.11 of the Revised Code;	26546

(3) Family support services provided under section 5126.11 of	26547
the Revised Code;	26548

(4) Supported living, as defined in section 5126.01 of the	26549
Revised Code;	26550

(5) Staff training for county board employees, employees of	26551
providers of residential services as defined in section 5126.01 of	26552
the Revised Code, and other personnel under contract with a county	26553
board, to provide the staff with necessary training in serving	26554
mentally retarded or developmentally disabled persons in the	26555
community;	26556

(6) Short-term provision of early childhood services provided	26557
under section 5126.05, adult services provided under sections	26558
5126.05 and 5126.051, and service and support administration	26559
provided under section 5126.15 of the Revised Code, when local	26560
moneys are insufficient to meet the need for such services due to	26561
the successive failure within a two-year period of three or more	26562
proposed levies for the services;	26563

(7) Contracts with providers of residential services to	26564
maintain persons with mental retardation and developmental	26565
disabilities in their programs and avoid institutionalization.	26566

(C) If the trust fund contains more than ten million dollars	26567
on the first day of July the director shall use one million	26568
dollars for payments under section 5126.18 of the Revised Code,	26569
two million dollars for subsidies to county boards for supported	26570
living, and one million dollars for subsidies to county boards	26571
for early childhood services and adult services provided under	26572
section 5126.05 of the Revised Code. Distributions of funds under	26573
this division shall be made prior to August 31 of the state fiscal	26574
year in which the funds are available. The funds shall be	26575
allocated to a county board in an amount equal to the same	26576
percentage of the total amount allocated to the county board the	26577
immediately preceding state fiscal year.	26578

(D) In addition to making grants under division (A) of this	26579
section, the director may use money available in the trust fund	26580
for the same purposes that rules adopted under section 5123.0413	26581
of the Revised Code provide for money in the state ~~MR/DD~~	26582
developmental disabilities risk fund and the state insurance	26583
against ~~MR/DD~~developmental disabilities risk fund, both created	26584
under that section, to be used.	26585

Sec. 5126.20. As used in this section and sections 5126.21	26586
to 5126.29 of the Revised Code:	26587

(A) "Service employee" means a person employed by a county	26588
board of ~~mental retardation and~~ developmental disabilities in a	26589
position which may require evidence of registration under section	26590
5126.25 of the Revised Code but for which a bachelor's degree from	26591
an accredited college or university is not required, and includes	26592
employees in the positions listed in division (C) of section	26593
5126.22 of the Revised Code.	26594

(B)(1) "Professional employee" means both of the following:

26595

(a) A person employed by a board in a position for which	26596
either a bachelor's degree from an accredited college or	26597
university or a license or certificate issued under Title XLVII of	26598
the Revised Code is a minimum requirement;	26599

(b) A person employed by a board as a conditional status	26600
service and support administrator.	26601

(2) "Professional employee" includes employees in the	26602
positions listed in division (B) of section 5126.22 of the Revised	26603
Code.	26604

(C) "Management employee" means a person employed by a board	26605
in a position having supervisory or managerial responsibilities	26606
and duties, and includes employees in the positions listed in	26607
division (A) of section 5126.22 of the Revised Code.	26608

(D) "Limited contract" means a contract of limited duration	26609
which is renewable at the discretion of the superintendent.	26610

(E) "Continuing contract" means a contract of employment that	26611
was issued prior to June 24, 1988, to a classified employee under	26612
which the employee has completed the employee's probationary	26613
period and under which the employee retains employment until the	26614
employee retires or resigns, is removed pursuant to section	26615
5126.23 of the Revised Code, or is laid off.	26616

(F) "Supervisory responsibilities and duties" includes the	26617
authority to hire, transfer, suspend, lay off, recall, promote,	26618
discharge, assign, reward, or discipline other employees of the	26619
board; to responsibly direct them; to adjust their grievances; or	26620
to effectively recommend such action, if the exercise of that	26621
authority is not of a merely routine or clerical nature but	26622
requires the use of independent judgment.	26623

(G) "Managerial responsibilities and duties" includes	26624
formulating policy on behalf of the board, responsibly directing	26625
the implementation of policy, assisting in the preparation for the	26626
conduct of collective negotiations, administering collectively	26627
negotiated agreements, or having a major role in personnel	26628
administration.	26629

(H) "Investigative agent" means an individual who conducts	26630
investigations under section 5126.313 of the Revised Code.	26631

Sec. 5126.201. A person may be employed by a county board of	26632
~~mental retardation and~~ developmental disabilities as a conditional	26633
status service and support administrator only if either of the	26634
following is true:	26635

(A) The person has at least an appropriate associate degree;

26636

(B) The person meets both of the following requirements:

26637

(1) The person was employed by the county board and performed	26638
service and support administration duties on June 30, 2005;	26639

(2) The person holds a high school diploma or a general	26640
educational development certificate of high school equivalence.	26641

Sec. 5126.21. As used in this section, "management employee"	26642
does not include the superintendent of a county board of ~~mental~~	26643
~~retardation and~~ developmental disabilities.	26644

(A)(1) Each management employee of a county board of ~~mental~~	26645
~~retardation and~~ developmental disabilities shall hold a limited	26646
contract for a period of not less than one year and not more than	26647
five years, except that a management employee hired after the	26648
beginning of a program year may be employed under a limited	26649
contract expiring at the end of the program year. The board shall	26650
approve all contracts of employment for management employees that	26651
are for a term of more than one year. A management employee shall	26652
receive notice of the superintendent's intention not to rehire the	26653
employee at least ninety days prior to the expiration of the	26654
contract. If the superintendent fails to notify a management	26655
employee, the employee shall be reemployed under a limited	26656
contract of one year at the same salary plus any authorized salary	26657
increases.	26658

(2) During the term of a contract a management employee's	26659
salary may be increased, but shall not be reduced unless the	26660
reduction is part of a uniform plan affecting all employees of the	26661
board.	26662

(B) All management employees may be removed, suspended, or	26663
demoted for cause pursuant to section 5126.23 of the Revised Code.	26664

(C) All management employees shall receive employee benefits	26665
that shall include sick leave, vacation leave, holiday pay, and	26666
such other benefits as are established by the board. Sections	26667
124.38 and 325.19 of the Revised Code do not apply to management	26668
employees.	26669

(D) The superintendent of a county board of ~~mental~~	26670
~~retardation and~~ developmental disabilities shall notify all	26671
management employees of the board of their salary no later than	26672
thirty days before the first day of the new contract year.	26673

(E) All management employees of a county board of ~~mental~~	26674
~~retardation and~~ developmental disabilities who were given	26675
continuing contract status prior to the effective date of this	26676
section have continuing contract status so long as they maintain	26677
employment with the board.	26678

(F) All management employees who were probationary employees	26679
on the effective date of this section shall, upon completion of	26680
their probationary period, be granted continuing contract status	26681
if retained in employment.	26682

(G) Each county board of ~~mental retardation and~~ developmental	26683
disabilities shall establish a lay-off policy to be followed if it	26684
determines a reduction in the number of management employees is	26685
necessary.	26686

Sec. 5126.22. (A) Employees who hold the following positions	26687
in a county board of ~~mental retardation and~~ developmental	26688
disabilities are management employees:	26689

assistant superintendent

26690

director of business

26691

director of personnel

26692

adult services director

26693

workshop director

26694

habilitation manager

26695

director of residential services

26696

principal (director of children services)

26697

program or service supervisor

26698

plant manager

26699

production manager

26700

service and support administration supervisor

26701

investigative agent

26702

confidential employees as defined in section 4117.01 of the	26703
Revised Code	26704

positions designated by the director of ~~mental retardation~~	26705
~~and~~ developmental disabilities as having managerial or supervisory	26706
responsibilities and duties	26707

positions designated by the county board in accordance with	26708
division (D) of this section.	26709

(B) Employees who hold the following positions in a board are	26710
professional employees:	26711

personnel certified pursuant to Chapter 3319. of the Revised	26712
Code	26713

early intervention specialist

26714

physical development specialist

26715

habilitation specialist

26716

work adjustment specialist

26717

placement specialist

26718

vocational evaluator

26719

psychologist

26720

occupational therapist

26721

speech and language pathologist

26722

recreation specialist

26723

behavior management specialist

26724

physical therapist

26725

supportive home services specialist

26726

licensed practical nurse or registered nurse

26727

rehabilitation counselor

26728

doctor of medicine and surgery or of osteopathic medicine and	26729
surgery	26730

dentist

26731

service and support administrator

26732

conditional status service and support administrator

26733

social worker

26734

any position that is not a management position and for which	26735
the standards for certification established by the director of	26736
~~mental retardation and~~ developmental disabilities under section	26737
5126.25 of the Revised Code require a bachelor's or higher degree	26738

professional positions designated by the director

26739

professional positions designated by the county board in	26740
accordance with division (D) of this section.	26741

(C) Employees who hold positions in a board that are neither	26742
management positions nor professional positions are service	26743
employees. Service employee positions include:	26744

workshop specialist

26745

workshop specialist assistant

26746

contract procurement specialist

26747

community employment specialist

26748

any assistant to a professional employee certified to	26749
provide, or supervise the provision of, adult services or service	26750
and support administration	26751

service positions designated by the director

26752

service positions designated by a county board in accordance	26753
with division (D) of this section.	26754

(D) A county board may designate a position only if the	26755
position does not include directly providing, or supervising	26756
employees who directly provide, service or instruction to	26757
individuals with mental retardation or developmental disabilities.	26758

(E) If a county board desires to have a position established	26759
that is not specifically listed in this section that includes	26760
directly providing, or supervising employees who directly provide,	26761
services or instruction to individuals with mental retardation or	26762
developmental disabilities, the board shall submit to the director	26763
a written description of the position and request that the	26764
director designate the position as a management, professional, or	26765
service position under this section. The director shall consider	26766
each request submitted under this division and respond within	26767
thirty days. If the director approves the request, the director	26768
shall designate the position as a management, professional, or	26769
service position.	26770

(F) A county board shall not terminate its employment of any	26771
management, professional, or service employee solely because a	26772
position is added to or eliminated from those positions listed in	26773
this section or because a position is designated or no longer	26774
designated by the director or a county board.	26775

Sec. 5126.221. Each county board of ~~mental retardation and~~	26776
developmental disabilities shall employ at least one investigative	26777
agent or contract with a person or government entity, including	26778
another county board of ~~mental retardation and~~ developmental	26779
disabilities or a regional council established under section	26780
5126.13 of the Revised Code, for the services of an investigative	26781
agent. Neither a county board nor a person or government entity	26782
with which a county board contracts for the services of an	26783
investigative agent shall assign any duties to an investigative	26784
agent other than conducting investigations under section 5126.313	26785
of the Revised Code.	26786

All investigative agents shall be trained in civil and	26787
criminal investigatory practices. The person responsible for	26788
supervising the work of the investigative agents shall report	26789
directly to a county board's superintendent regarding the	26790
investigative agents.	26791

No investigative agent shall do anything that interferes with	26792
the investigative agent's objectivity in conducting investigations	26793
under section 5126.313 of the Revised Code.	26794

Sec. 5126.23. (A) As used in this section, "employee" means	26795
a management employee or superintendent of a county board of	26796
~~mental retardation and~~ developmental disabilities.	26797

(B) An employee may be removed, suspended, or demoted in	26798
accordance with this section for violation of written rules set	26799
forth by the board or for incompetency, inefficiency, dishonesty,	26800
drunkenness, immoral conduct, insubordination, discourteous	26801
treatment of the public, neglect of duty, or other acts of	26802
misfeasance, malfeasance, or nonfeasance.	26803

(C) Prior to the removal, suspension, or demotion of an	26804
employee pursuant to this section, the employee shall be notified	26805
in writing of the charges against ~~him~~the employee. Except as	26806
otherwise provided in division (H) of this section, not later than	26807
thirty days after receiving such notification, a predisciplinary	26808
conference shall be held to provide the employee an opportunity to	26809
refute the charges against ~~him~~the employee. At least seventy-two	26810
hours prior to the conference, the employee shall be given a copy	26811
of the charges against ~~him~~the employee.	26812

If the removal, suspension, or demotion action is directed	26813
against a management employee, the conference shall be held by the	26814
superintendent or a person hethe superintendent designates, and	26815
the superintendent shall notify the management employee within	26816
fifteen days after the conference of the decision made with	26817
respect to the charges. If the removal, suspension, or demotion	26818
action is directed against a superintendent, the conference shall	26819
be held by the members of the board or their designees, and the	26820
board shall notify the superintendent within fifteen days after	26821
the conference of its decision with respect to the charges.	26822

(D) Within fifteen days after receiving notification of the	26823
results of the predisciplinary conference, an employee may file	26824
with the board a written demand for a hearing before the board or	26825
before a referee, and the board shall set a time for the hearing	26826
which shall be within thirty days from the date of receipt of the	26827
written demand, and the board shall give the employee at least	26828
twenty days notice in writing of the time and place of the	26829
hearing.	26830

(E) If a referee is demanded by an employee or a county	26831
board, the hearing shall be conducted by a referee selected in	26832
accordance with division (F) of this section; otherwise, it shall	26833
be conducted by a majority of the members of the board and shall	26834
be confined to the charges enumerated at the predisciplinary	26835
conference.	26836

(F) Referees for the hearings required by this section shall	26837
be selected from the list of names compiled by the superintendent	26838
of public instruction pursuant to section 3319.161 of the Revised	26839
Code. Upon receipt of notice that a referee has been demanded by	26840
an employee or a county board, the superintendent of public	26841
instruction shall immediately designate three persons from such	26842
list, from whom the referee for the hearing shall be chosen, and	26843
hethe superintendent of public instruction shall immediately	26844
notify the designees, the county board, and the employee. If	26845
within five days of receipt of the notice, the county board and	26846
employee are unable to agree upon one of the designees to serve as	26847
referee, the superintendent of public instruction shall appoint	26848
one of the designees to serve as referee. The appointment of the	26849
referee shall be entered in the minutes of the county board. The	26850
referee appointed shall be paid ~~his~~the referee's usual and	26851
customary fee for attending the hearing which shall be paid from	26852
the general fund of the county board of ~~mental retardation and~~	26853
developmental disabilities.	26854

(G) The board shall provide for a complete stenographic	26855
record of the proceedings, and a copy of the record shall be	26856
furnished to the employee.	26857

Both parties may be present at the hearing, be represented by	26858
counsel, require witnesses to be under oath, cross-examine	26859
witnesses, take a record of the proceedings, and require the	26860
presence of witnesses in their behalf upon subpoena to be issued	26861
by the county board. If any person fails to comply with a	26862
subpoena, a judge of the court of common pleas of the county in	26863
which the person resides, upon application of any interested	26864
party, shall compel attendance of the person by attachment	26865
proceedings as for contempt. Any member of the board or the	26866
referee may administer oaths to witnesses. After a hearing by a	26867
referee, the referee shall file ~~his~~a report within ten days after	26868
the termination of the hearing. After consideration of the	26869
referee's report, the board, by a majority vote, may accept or	26870
reject the referee's recommendation. After a hearing by the board,	26871
the board, by majority vote, may enter its determination upon its	26872
minutes. If the decision, after hearing, is in favor of the	26873
employee, the charges and the record of the hearing shall be	26874
physically expunged from the minutes and, if the employee has	26875
suffered any loss of salary by reason of being suspended, hethe	26876
employee shall be paid ~~his~~the employee's full salary for the	26877
period of such suspension.	26878

Any employee affected by a determination of the board under	26879
this division may appeal to the court of common pleas of the	26880
county in which the board is located within thirty days after	26881
receipt of notice of the entry of such determination. The appeal	26882
shall be an original action in the court and shall be commenced by	26883
the filing of a complaint against the board, in which complaint	26884
the facts shall be alleged upon which the employee relies for a	26885
reversal or modification of such determination. Upon service or	26886
waiver of summons in that appeal, the board immediately shall	26887
transmit to the clerk of the court for filing a transcript of the	26888
original papers filed with the board, a certified copy of the	26889
minutes of the board into which the determination was entered, and	26890
a certified transcript of all evidence adduced at the hearing or	26891
hearings before the board or a certified transcript of all	26892
evidence adduced at the hearing or hearings before the referee,	26893
whereupon the cause shall be at issue without further pleading and	26894
shall be advanced and heard without delay. The court shall examine	26895
the transcript and record of the hearing and shall hold such	26896
additional hearings as it considers advisable, at which it may	26897
consider other evidence in addition to the transcript and record.	26898

Upon final hearing, the court shall grant or deny the relief	26899
prayed for in the complaint as may be proper in accordance with	26900
the evidence adduced in the hearing. Such an action is a special	26901
proceeding, and either the employee or the board may appeal from	26902
the decision of the court of common pleas pursuant to the Rules of	26903
Appellate Procedure and, to the extent not in conflict with those	26904
rules, Chapter 2505. of the Revised Code.	26905

(H) Notwithstanding divisions (C) to (G) of this section, a	26906
county board and an employee may agree to submit issues regarding	26907
the employee's removal, suspension, or demotion to binding	26908
arbitration. The terms of the submission, including the method of	26909
selecting the arbitrator or arbitrators and the responsibility for	26910
compensating the arbitrator, shall be provided for in the	26911
arbitration agreement. The arbitrator shall be selected within	26912
fifteen days of the execution of the agreement. Chapter 2711. of	26913
the Revised Code governs the arbitration proceedings.	26914

Sec. 5126.24. (A) As used in this section:

26915

(1) "License" means an educator license issued by the state	26916
board of education under section 3319.22 of the Revised Code or a	26917
certificate issued by the department of ~~mental retardation and~~	26918
developmental disabilities.	26919

(2) "Teacher" means a person employed by a county board of	26920
~~mental retardation and~~ developmental disabilities in a position	26921
that requires a license.	26922

(3) "Nonteaching employee" means a person employed by a	26923
county board of ~~mental retardation and~~ developmental disabilities	26924
in a position that does not require a license.	26925

(4) "Years of service" includes all service described in	26926
division (A) of section 3317.13 of the Revised Code.	26927

(B) Subject to rules established by the director of ~~mental~~	26928
~~retardation and~~ developmental disabilities pursuant to Chapter	26929
119. of the Revised Code, each county board of ~~mental retardation~~	26930
~~and~~ developmental disabilities shall annually adopt separate	26931
salary schedules for teachers and nonteaching employees.	26932

(C) The teachers' salary schedule shall provide for	26933
increments based on training and years of service. The board may	26934
establish its own service requirements provided no teacher	26935
receives less than the salary the teacher would be paid under	26936
section 3317.13 of the Revised Code if the teacher were employed	26937
by a school district board of education and provided full credit	26938
for a minimum of five years of actual teaching and military	26939
experience as defined in division (A) of such section is given to	26940
each teacher.	26941

Each teacher who has completed training that would qualify	26942
the teacher for a higher salary bracket pursuant to this section	26943
shall file by the fifteenth day of September with the fiscal	26944
officer of the board, satisfactory evidence of the completion of	26945
such additional training. The fiscal officer shall then	26946
immediately place the teacher, pursuant to this section, in the	26947
proper salary bracket in accordance with training and years of	26948
service. No teacher shall be paid less than the salary to which	26949
the teacher would be entitled under section 3317.13 of the Revised	26950
Code if the teacher were employed by a school district board of	26951
education.	26952

The superintendent of each county board, on or before the	26953
fifteenth day of October of each year, shall certify to the state	26954
board of education the name of each teacher employed, on an annual	26955
salary, in each special education program operated pursuant to	26956
section 3323.09 of the Revised Code during the first full school	26957
week of October. The superintendent further shall certify, for	26958
each teacher, the number of years of training completed at a	26959
recognized college, the degrees earned from a college recognized	26960
by the state board, the type of license held, the number of months	26961
employed by the board, the annual salary, and other information	26962
that the state board may request.	26963

(D) The nonteaching employees' salary schedule established by	26964
the board shall be based on training, experience, and	26965
qualifications with initial salaries no less than salaries in	26966
effect on July 1, 1985. Each board shall prepare and may amend	26967
from time to time, specifications descriptive of duties,	26968
responsibilities, requirements, and desirable qualifications of	26969
the classifications of employees required to perform the duties	26970
specified in the salary schedule. All nonteaching employees shall	26971
be notified of the position classification to which they are	26972
assigned and the salary for the classification. The compensation	26973
of all nonteaching employees working for a particular board shall	26974
be uniform for like positions except as compensation would be	26975
affected by salary increments based upon length of service.	26976

On the fifteenth day of October of each year the nonteaching	26977
employees' salary schedule and list of job classifications and	26978
salaries in effect on that date shall be filed by each board with	26979
the superintendent of public instruction. If such salary schedule	26980
and classification plan is not filed, the superintendent of public	26981
instruction shall order the board to file such schedule and list	26982
forthwith. If this condition is not corrected within ten days	26983
after receipt of the order from the superintendent, no money shall	26984
be distributed to the district under Chapter 3317. of the Revised	26985
Code until the superintendent has satisfactory evidence of the	26986
board's full compliance with such order.	26987

Sec. 5126.25. (A) The director of ~~mental retardation and~~	26988
developmental disabilities shall adopt rules in accordance with	26989
Chapter 119. of the Revised Code establishing uniform standards	26990
and procedures for the certification of persons for employment by	26991
county boards of ~~mental retardation and~~ developmental disabilities	26992
as superintendents, management employees, and professional	26993
employees and uniform standards and procedures for the	26994
registration of persons for employment by county boards as	26995
registered service employees. As part of the rules, the director	26996
may establish continuing education and professional training	26997
requirements for renewal of certificates and evidence of	26998
registration and shall establish such requirements for renewal of	26999
an investigative agent certificate. In the rules, the director	27000
shall establish certification standards for employment in the	27001
position of investigative agent that require an individual to have	27002
or obtain no less than an associate degree from an accredited	27003
college or university or have or obtain comparable experience or	27004
training. The director shall not adopt rules that require any	27005
service employee to have or obtain a bachelor's or higher degree.	27006

The director shall adopt the rules in a manner that provides	27007
for the issuance of certificates and evidence of registration	27008
according to categories, levels, and grades. The rules shall	27009
describe each category, level, and grade.	27010

The rules adopted under this division shall apply to persons	27011
employed or seeking employment in a position that includes	27012
directly providing, or supervising persons who directly provide,	27013
services or instruction to or on behalf of individuals with mental	27014
retardation or developmental disabilities, except that the rules	27015
shall not apply to persons who hold a valid license issued under	27016
Chapter 3319. of the Revised Code and perform no duties other than	27017
teaching or supervision of a teaching program or persons who hold	27018
a valid license or certificate issued under Title XLVII of the	27019
Revised Code and perform only those duties governed by the license	27020
or certificate. The rules shall specify the positions that require	27021
certification or registration. The rules shall specify that the	27022
position of investigative agent requires certification.	27023

(B) The director shall adopt rules in accordance with Chapter	27024
119. of the Revised Code establishing standards for approval of	27025
courses of study to prepare persons to meet certification	27026
requirements. The director shall approve courses of study meeting	27027
the standards and provide for the inspection of the courses to	27028
ensure the maintenance of satisfactory training procedures. The	27029
director shall approve courses of study only if given by a state	27030
university or college as defined in section 3345.32 of the Revised	27031
Code, a state university or college of another state, or an	27032
institution that has received a certificate of authorization to	27033
confer degrees from the board of regents pursuant to Chapter 1713.	27034
of the Revised Code or from a comparable agency of another state.	27035

(C) Each applicant for a certificate for employment or	27036
evidence of registration for employment by a county board shall	27037
apply to the department of ~~mental retardation and~~ developmental	27038
disabilities on forms that the director of the department shall	27039
prescribe and provide. The application shall be accompanied by the	27040
application fee established in rules adopted under this section.	27041

(D) The director shall issue a certificate for employment to	27042
each applicant who meets the standards for certification	27043
established under this section and shall issue evidence of	27044
registration for employment to each applicant who meets the	27045
standards for registration established under this section. Each	27046
certificate or evidence of registration shall state the category,	27047
level, and grade for which it is issued.	27048

The director shall issue, renew, deny, suspend, or revoke	27049
certificates and evidence of registration in accordance with rules	27050
adopted under this section. The director shall deny, suspend, or	27051
revoke a certificate or evidence of registration if the director	27052
finds, pursuant to an adjudication conducted in accordance with	27053
Chapter 119. of the Revised Code, that the applicant for or holder	27054
of the certificate or evidence of registration is guilty of	27055
intemperate, immoral, or other conduct unbecoming to the	27056
applicant's or holder's position, or is guilty of incompetence or	27057
negligence within the scope of the applicant's or holder's duties.	27058
The director shall deny or revoke a certificate or evidence of	27059
registration if the director finds, pursuant to an adjudication	27060
conducted in accordance with Chapter 119. of the Revised Code,	27061
that the applicant for or holder of the certificate or evidence of	27062
registration has been convicted of or pleaded guilty to any of the	27063
offenses described in division (E) of section 5126.28 of the	27064
Revised Code, unless the individual meets standards for	27065
rehabilitation that the director establishes in the rules adopted	27066
under that section. Evidence supporting such allegations shall be	27067
presented to the director in writing and the director shall	27068
provide prompt notice of the allegations to the person who is the	27069
subject of the allegations. A denial, suspension, or revocation	27070
may be appealed in accordance with procedures the director shall	27071
establish in the rules adopted under this section.	27072

(E)(1) A person holding a valid certificate under this	27073
section on the effective date of any rules adopted under this	27074
section that increase certification standards shall have such	27075
period as the rules prescribe, but not less than one year after	27076
the effective date of the rules, to meet the new certification	27077
standards.	27078

A person who is registered under this section on the	27079
effective date of any rule that changes the standards adopted	27080
under this section shall have such period as the rules prescribe,	27081
but not less than one year, to meet the new registration	27082
standards.	27083

(2) If an applicant for a certificate for employment has not	27084
completed the courses of instruction necessary to meet the	27085
department's standards for certification, the department shall	27086
inform the applicant of the courses the applicant must	27087
successfully complete to meet the standards and shall specify the	27088
time within which the applicant must complete the courses. The	27089
department shall grant the applicant at least one year to complete	27090
the courses and shall not require the applicant to complete more	27091
than four courses in any one year. The applicant is not subject to	27092
any changes regarding the courses required for certification that	27093
are made after the department informs the applicant of the courses	27094
the applicant must complete, unless the applicant does not	27095
successfully complete the courses within the time specified by the	27096
department.	27097

(F) A person who holds a certificate or evidence of	27098
registration, other than one designated as temporary, is qualified	27099
to be employed according to that certificate or evidence of	27100
registration by any county board.	27101

(G) The director shall monitor county boards to ensure that	27102
their employees who must be certified or registered are	27103
appropriately certified or registered and performing those	27104
functions they are authorized to perform under their certificate	27105
or evidence of registration.	27106

(H) A county board superintendent or the superintendent's	27107
designee may certify to the director that county board employees	27108
who are required to meet continuing education or professional	27109
training requirements as a condition of renewal of certificates or	27110
evidence of registration have met the requirements. The	27111
superintendent or the superintendent's designee shall maintain in	27112
appropriate personnel files evidence acceptable to the director	27113
that the employees have met the requirements and permit	27114
representatives of the department access to the evidence on	27115
request.	27116

(I) All fees collected pursuant to this section shall be	27117
deposited in the state treasury to the credit of the program fee	27118
fund created under section 5123.033 of the Revised Code.	27119

(J) Employees of entities that contract with county boards of	27120
~~mental retardation and~~ developmental disabilities to operate	27121
programs and services for individuals with mental retardation and	27122
developmental disabilities are subject to the certification and	27123
registration requirements established under section 5123.082 of	27124
the Revised Code.	27125

Sec. 5126.251. On receipt of a notice pursuant to section	27126
3123.43 of the Revised Code, the director of ~~mental retardation~~	27127
~~and~~ developmental disabilities shall comply with sections 3123.41	27128
to 3123.50 of the Revised Code and any applicable rules adopted	27129
under section 3123.63 of the Revised Code with respect to a	27130
certificate or evidence of registration issued pursuant to this	27131
chapter.	27132

Sec. 5126.252. Notwithstanding sections 5123.082, 5126.25,	27133
and 5126.26 of the Revised Code, the department of ~~mental~~	27134
~~retardation and~~ developmental disabilities may authorize county	27135
boards of ~~mental retardation and~~ developmental disabilities to	27136
establish and administer in their counties programs for the	27137
certification and registration of persons for employment by the	27138
boards. A certificate or evidence of registration issued by a	27139
board participating in programs under this section shall have the	27140
same force and effect as a certificate or evidence of registration	27141
issued by the department under section 5123.082 or 5126.25 of the	27142
Revised Code.	27143

Sec. 5126.253. (A) As used in this section:

27144

(1) "Conduct unbecoming to the teaching profession" shall be	27145
as described in rules adopted by the state board of education.	27146

(2) "Intervention in lieu of conviction" means intervention	27147
in lieu of conviction under section 2951.041 of the Revised Code.	27148

(3) "License" has the same meaning as in section 3319.31 of	27149
the Revised Code.	27150

(4) "Pre-trial diversion program" means a pre-trial diversion	27151
program under section 2935.36 of the Revised Code or a similar	27152
diversion program under rules of a court.	27153

(B) The superintendent of each county board of ~~mental~~	27154
~~retardation and~~ developmental disabilities or the president of the	27155
board, if division (C) of this section applies, shall promptly	27156
submit to the superintendent of public instruction the	27157
information prescribed in division (D) of this section when any	27158
of the following conditions applies to an employee of the board	27159
who holds a license issued by the state board of education:	27160

(1) The superintendent or president knows that the employee	27161
has pleaded guilty to, has been found guilty by a jury or court	27162
of, has been convicted of, has been found to be eligible for	27163
intervention in lieu of conviction for, or has agreed to	27164
participate in a pre-trial diversion program for an offense	27165
described in division (B)(2) or (C) of section 3319.31 or	27166
division (B)(1) of section 3319.39 of the Revised Code.	27167

(2) The board has initiated termination or nonrenewal	27168
proceedings against, has terminated, or has not renewed the	27169
contract of the employee because the board has reasonably	27170
determined that the employee has committed an act unbecoming to	27171
the teaching profession or an offense described in division (B)(2)	27172
or (C) of section 3319.31 or division (B)(1) of section 3319.39 of	27173
the Revised Code.	27174

(3) The employee has resigned under threat of termination or	27175
nonrenewal as described in division (B)(2) of this section.	27176

(4) The employee has resigned because of or in the course of	27177
an investigation by the board regarding whether the employee has	27178
committed an act unbecoming to the teaching profession or an	27179
offense described in division (B)(2) or (C) of section 3319.31 or	27180
division (B)(1) of section 3319.39 of the Revised Code.	27181

(C) If the employee to whom any of the conditions prescribed	27182
in divisions (B)(1) to (4) of this section applies is the	27183
superintendent of a county board of ~~mental retardation and~~	27184
developmental disabilities, the president of the board shall make	27185
the report required under this section.	27186

(D) If a report is required under this section, the	27187
superintendent or president shall submit to the superintendent of	27188
public instruction the name and social security number of the	27189
employee about whom information is required and a factual	27190
statement regarding any of the conditions prescribed in divisions	27191
(B)(1) to (4) of this section that applies to the employee.	27192

(E) A determination made by the board as described in	27193
division (B)(2) of this section or a termination, nonrenewal,	27194
resignation, or other separation described in divisions (B)(2) to	27195
(4) of this section does not create a presumption of the	27196
commission or lack of the commission by the employee of an act	27197
unbecoming to the teaching profession or an offense described in	27198
division (B)(2) or (C) of section 3319.31 or division (B)(1) of	27199
section 3319.39 of the Revised Code.	27200

(F) No individual required to submit a report under division	27201
(B) of this section shall knowingly fail to comply with that	27202
division.	27203

(G) An individual who provides information to the	27204
superintendent of public instruction in accordance with this	27205
section in good faith shall be immune from any civil liability	27206
that otherwise might be incurred or imposed for injury, death, or	27207
loss to person or property as a result of the provision of that	27208
information.	27209

Sec. 5126.254. The superintendent of each county board of	27210
~~mental retardation and~~ developmental disabilities shall require	27211
that the reports of any investigation by the board of an employee	27212
regarding whether the employee has committed an act or offense for	27213
which the superintendent is required to make a report to the	27214
superintendent of public instruction under section 5126.253 of the	27215
Revised Code be kept in the employee's personnel file. If, after	27216
an investigation under division (A) of section 3319.311 of the	27217
Revised Code, the superintendent of public instruction determines	27218
that the results of that investigation do not warrant initiating	27219
action under section 3319.31 of the Revised Code, the	27220
superintendent of the county board shall require the reports of	27221
the board's investigation to be moved from the employee's	27222
personnel file to a separate public file.	27223

Sec. 5126.26. Except as otherwise provided in this section	27224
and section 5126.27 of the Revised Code, no person shall be	27225
employed or compensated by a county board of ~~mental retardation~~	27226
~~and~~ developmental disabilities if hethe person does not hold the	27227
certificate, evidence of registration, or license required for the	27228
position under the rules of the department or the department of	27229
education, but the superintendent of a county board may employ,	27230
and the board shall compensate, a person pending the issuance of	27231
an initial certificate or registration if hethe person meets the	27232
requirements for certification or registration, hethe person has	27233
applied for certification or registration, and the application has	27234
not been denied. A person's employment shall be terminated if a	27235
required license, certificate, or registration is denied,	27236
permanently revoked, or not renewed.	27237

Sec. 5126.27. (A) A county board of ~~mental retardation and~~	27238
developmental disabilities shall allow a professional employee	27239
hired by the board prior to July 17, 1990, who does not meet the	27240
standards for certification established under section 5126.25 of	27241
the Revised Code for the position he holds on July 17, 1990, to	27242
elect to do one of the following:	27243

(1) Accept a position with the board, if such a position is	27244
available, for which hethe employee meets the certification	27245
standards;	27246

(2) Remain in the position hethe employee holds on July 17,	27247
1990, and comply with the provisions of a professional development	27248
plan prescribed by the director of ~~mental retardation and~~	27249
developmental disabilities under division (B) of this section.	27250

If the employee accepts a position under division (A)(1) of	27251
this section, ~~his~~the employee's compensation shall be not less	27252
than the compensation hethe employee received in the position he	27253
the employee held on July 17, 1990.	27254

(B) If an employee elects the option described in division	27255
(A)(2) of this section, the board shall notify the department. The	27256
director shall issue a temporary certificate to the employee for	27257
the position hethe employee holds and develop a professional	27258
development plan for ~~him~~the employee. The temporary certificate	27259
shall be valid only during the period required for completion of	27260
the professional development plan and only while the employee is	27261
employed by the board by which hethe employee was employed on	27262
July 17, 1990. The plan shall specify the coursework the employee	27263
must successfully complete and any other requirements for	27264
certification and the schedule for completion of the plan, except:	27265

(1) The plan shall not require that the employee complete	27266
more than six semester hours, or the equivalent, of coursework in	27267
any twelve-month period;	27268

(2) All coursework must be completed at an accredited college	27269
or university recognized by the department;	27270

(3) The plan shall not require the employee to complete more	27271
than sixty semester hours, or the equivalent, of coursework, or to	27272
obtain a bachelor's or higher degree if a greater number of hours	27273
of coursework would be required to do so.	27274

Notwithstanding any standards for certification established	27275
by the director under section 5126.25 of the Revised Code, if the	27276
employee successfully completes the professional development plan	27277
within the time specified, the director shall grant ~~him~~the	27278
employee the appropriate certificate for the position hethe	27279
employer holds.	27280

Sec. 5126.28. (A) As used in this section:

27281

(1) "Applicant" means a person who is under final	27282
consideration for appointment to or employment in a position with	27283
a county board of ~~mental retardation and~~ developmental	27284
disabilities, including, but not limited to, a person who is being	27285
transferred to the county board and an employee who is being	27286
recalled or reemployed after a layoff.	27287

(2) "Criminal records check" has the same meaning as in	27288
section 109.572 of the Revised Code.	27289

(3) "Minor drug possession offense" has the same meaning as	27290
in section 2925.01 of the Revised Code.	27291

(B) The superintendent of a county board of ~~mental~~	27292
~~retardation and~~ developmental disabilities shall request the	27293
superintendent of the bureau of criminal identification and	27294
investigation to conduct a criminal records check with respect to	27295
any applicant who has applied to the board for employment in any	27296
position, except that a county board superintendent is not	27297
required to request a criminal records check for an employee of	27298
the board who is being considered for a different position or is	27299
returning after a leave of absence or seasonal break in	27300
employment, as long as the superintendent has no reason to believe	27301
that the employee has committed any of the offenses listed or	27302
described in division (E) of this section.	27303

If the applicant does not present proof that the applicant	27304
has been a resident of this state for the five-year period	27305
immediately prior to the date upon which the criminal records	27306
check is requested, the county board superintendent shall request	27307
that the superintendent of the bureau obtain information from the	27308
federal bureau of investigation as a part of the criminal records	27309
check for the applicant. If the applicant presents proof that the	27310
applicant has been a resident of this state for that five-year	27311
period, the county board superintendent may request that the	27312
superintendent of the bureau include information from the federal	27313
bureau of investigation in the criminal records check. For	27314
purposes of this division, an applicant may provide proof of	27315
residency in this state by presenting, with a notarized statement	27316
asserting that the applicant has been a resident of this state for	27317
that five-year period, a valid driver's license, notification of	27318
registration as an elector, a copy of an officially filed federal	27319
or state tax form identifying the applicant's permanent residence,	27320
or any other document the superintendent considers acceptable.	27321

(C) The county board superintendent shall provide to each	27322
applicant a copy of the form prescribed pursuant to division	27323
(C)(1) of section 109.572 of the Revised Code, provide to each	27324
applicant a standard impression sheet to obtain fingerprint	27325
impressions prescribed pursuant to division (C)(2) of section	27326
109.572 of the Revised Code, obtain the completed form and	27327
impression sheet from each applicant, and forward the completed	27328
form and impression sheet to the superintendent of the bureau of	27329
criminal identification and investigation at the time the criminal	27330
records check is requested.	27331

Any applicant who receives pursuant to this division a copy	27332
of the form prescribed pursuant to division (C)(1) of section	27333
109.572 of the Revised Code and a copy of an impression sheet	27334
prescribed pursuant to division (C)(2) of that section and who is	27335
requested to complete the form and provide a set of fingerprint	27336
impressions shall complete the form or provide all the information	27337
necessary to complete the form and shall provide the impression	27338
sheet with the impressions of the applicant's fingerprints. If an	27339
applicant, upon request, fails to provide the information	27340
necessary to complete the form or fails to provide impressions of	27341
the applicant's fingerprints, the county board superintendent	27342
shall not employ that applicant.	27343

(D) A county board superintendent may request any other state	27344
or federal agency to supply the board with a written report	27345
regarding the criminal record of each applicant. With regard to an	27346
applicant who becomes a board employee, if the employee holds an	27347
occupational or professional license or other credentials, the	27348
superintendent may request that the state or federal agency that	27349
regulates the employee's occupation or profession supply the board	27350
with a written report of any information pertaining to the	27351
employee's criminal record that the agency obtains in the course	27352
of conducting an investigation or in the process of renewing the	27353
employee's license or other credentials.	27354

(E) Except as provided in division (K)(2) of this section and	27355
in rules adopted by the department of ~~mental retardation and~~	27356
developmental disabilities in accordance with division (M) of this	27357
section, no county board of ~~mental retardation and~~ developmental	27358
disabilities shall employ a person to fill a position with the	27359
board who has been convicted of or pleaded guilty to any of the	27360
following:	27361

(1) A violation of section 2903.01, 2903.02, 2903.03,	27362
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	27363
2903.341, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	27364
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	27365
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	27366
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24,	27367
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04,	27368
2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of	27369
section 2905.04 of the Revised Code as it existed prior to July 1,	27370
1996, a violation of section 2919.23 of the Revised Code that	27371
would have been a violation of section 2905.04 of the Revised Code	27372
as it existed prior to July 1, 1996, had the violation occurred	27373
prior to that date, a violation of section 2925.11 of the Revised	27374
Code that is not a minor drug possession offense, or felonious	27375
sexual penetration in violation of former section 2907.12 of the	27376
Revised Code;	27377

(2) A felony contained in the Revised Code that is not listed	27378
in this division, if the felony bears a direct and substantial	27379
relationship to the duties and responsibilities of the position	27380
being filled;	27381

(3) Any offense contained in the Revised Code constituting a	27382
misdemeanor of the first degree on the first offense and a felony	27383
on a subsequent offense, if the offense bears a direct and	27384
substantial relationship to the position being filled and the	27385
nature of the services being provided by the county board;	27386

(4) A violation of an existing or former municipal ordinance	27387
or law of this state, any other state, or the United States, if	27388
the offense is substantially equivalent to any of the offenses	27389
listed or described in division (E)(1), (2), or (3) of this	27390
section.	27391

(F) Prior to employing an applicant, the county board	27392
superintendent shall require the applicant to submit a statement	27393
with the applicant's signature attesting that the applicant has	27394
not been convicted of or pleaded guilty to any of the offenses	27395
listed or described in division (E) of this section. The	27396
superintendent also shall require the applicant to sign an	27397
agreement under which the applicant agrees to notify the	27398
superintendent within fourteen calendar days if, while employed by	27399
the board, the applicant is ever formally charged with, convicted	27400
of, or pleads guilty to any of the offenses listed or described in	27401
division (E) of this section. The agreement shall inform the	27402
applicant that failure to report formal charges, a conviction, or	27403
a guilty plea may result in being dismissed from employment.	27404

(G) A county board of ~~mental retardation and~~ developmental	27405
disabilities shall pay to the bureau of criminal identification	27406
and investigation the fee prescribed pursuant to division (C)(3)	27407
of section 109.572 of the Revised Code for each criminal records	27408
check requested and conducted pursuant to this section.	27409

(H)(1) Any report obtained pursuant to this section is not a	27410
public record for purposes of section 149.43 of the Revised Code	27411
and shall not be made available to any person, other than the	27412
applicant who is the subject of the records check or criminal	27413
records check or the applicant's representative, the board	27414
requesting the records check or criminal records check or its	27415
representative, the department of ~~mental retardation and~~	27416
developmental disabilities, and any court, hearing officer, or	27417
other necessary individual involved in a case dealing with the	27418
denial of employment to the applicant or the denial, suspension,	27419
or revocation of a certificate or evidence of registration under	27420
section 5126.25 of the Revised Code.	27421

(2) An individual for whom a county board superintendent has	27422
obtained reports under this section may submit a written request	27423
to the county board to have copies of the reports sent to any	27424
state agency, entity of local government, or private entity. The	27425
individual shall specify in the request the agencies or entities	27426
to which the copies are to be sent. On receiving the request, the	27427
county board shall send copies of the reports to the agencies or	27428
entities specified.	27429

A county board may request that a state agency, entity of	27430
local government, or private entity send copies to the board of	27431
any report regarding a records check or criminal records check	27432
that the agency or entity possesses, if the county board obtains	27433
the written consent of the individual who is the subject of the	27434
report.	27435

(I) Each county board superintendent shall request the	27436
registrar of motor vehicles to supply the superintendent with a	27437
certified abstract regarding the record of convictions for	27438
violations of motor vehicle laws of each applicant who will be	27439
required by the applicant's employment to transport individuals	27440
with mental retardation or developmental disabilities or to	27441
operate the board's vehicles for any other purpose. For each	27442
abstract provided under this section, the board shall pay the	27443
amount specified in section 4509.05 of the Revised Code.	27444

(J) The county board superintendent shall provide each	27445
applicant with a copy of any report or abstract obtained about the	27446
applicant under this section. At the request of the director of	27447
~~mental retardation and~~ developmental disabilities, the	27448
superintendent also shall provide the director with a copy of a	27449
report or abstract obtained under this section.	27450

(K)(1) The county board superintendent shall inform each	27451
person, at the time of the person's initial application for	27452
employment, that the person is required to provide a set of	27453
impressions of the person's fingerprints and that a criminal	27454
records check is required to be conducted and satisfactorily	27455
completed in accordance with section 109.572 of the Revised Code	27456
if the person comes under final consideration for appointment or	27457
employment as a precondition to employment in a position.	27458

(2) A board may employ an applicant pending receipt of	27459
reports requested under this section. The board shall terminate	27460
employment of any such applicant if it is determined from the	27461
reports that the applicant failed to inform the county board that	27462
the applicant had been convicted of or pleaded guilty to any of	27463
the offenses listed or described in division (E) of this section.	27464

(L) The board may charge an applicant a fee for costs it	27465
incurs in obtaining reports, abstracts, or fingerprint impressions	27466
under this section. A fee charged under this division shall not	27467
exceed the amount of the fees the board pays under divisions (G)	27468
and (I) of this section. If a fee is charged under this division,	27469
the board shall notify the applicant of the amount of the fee at	27470
the time of the applicant's initial application for employment and	27471
that, unless the fee is paid, the board will not consider the	27472
applicant for employment.	27473

(M) The department of ~~mental retardation and~~ developmental	27474
disabilities shall adopt rules pursuant to Chapter 119. of the	27475
Revised Code to implement this section and section 5126.281 of the	27476
Revised Code, including rules specifying circumstances under which	27477
a county board or contracting entity may hire a person who has	27478
been convicted of or pleaded guilty to an offense listed or	27479
described in division (E) of this section but who meets standards	27480
in regard to rehabilitation set by the department. The rules may	27481
not authorize a county board or contracting entity to hire an	27482
individual who is included in the registry established under	27483
section 5123.52 of the Revised Code.	27484

Sec. 5126.281. (A) As used in this section:

27485

(1) "Contracting entity" means an entity under contract with	27486
a county board of ~~mental retardation and~~ developmental	27487
disabilities for the provision of specialized services to	27488
individuals with mental retardation or a developmental disability.	27489

(2) "Direct services position" means an employment position	27490
in which the employee has physical contact with, the opportunity	27491
to be alone with, or exercises supervision or control over one or	27492
more individuals with mental retardation or a developmental	27493
disability.	27494

(3) "Specialized services" means any program or service	27495
designed and operated to serve primarily individuals with mental	27496
retardation or a developmental disability, including a program or	27497
service provided by an entity licensed or certified by the	27498
department of ~~mental retardation and~~ developmental disabilities.	27499
If there is a question as to whether a contracting entity is	27500
providing specialized services, the contracting entity may request	27501
that the director of ~~mental retardation and~~ developmental	27502
disabilities make a determination. The director's determination is	27503
final.	27504

(B)(1) Except as provided in division (B)(2) of this section,	27505
each contracting entity shall conduct background investigations in	27506
the same manner county boards conduct investigations under section	27507
5126.28 of the Revised Code of all persons under final	27508
consideration for employment with the contracting entity in a	27509
direct services position. On request, the county board shall	27510
assist a contracting entity in obtaining reports from the bureau	27511
of criminal identification and investigation or any other state or	27512
federal agency and in obtaining abstracts from the registrar of	27513
motor vehicles.	27514

(2) A contracting entity is not required to request a	27515
criminal records check for either of the following:	27516

(a) An employee of the entity who is in a direct services	27517
position and being considered for a different direct services	27518
position or is returning after a leave of absence or seasonal	27519
break in employment, as long as the contracting entity has no	27520
reason to believe that the employee has committed any of the	27521
offenses listed or described in division (E) of section 5126.28 of	27522
the Revised Code;	27523

(b) A person who will provide only respite care under a	27524
family support services program established under section 5126.11	27525
of the Revised Code, if the person is selected by a family member	27526
of the individual with mental retardation or a developmental	27527
disability who is to receive the respite care.	27528

(C) No contracting entity shall place a person in a direct	27529
services position if the person has been convicted of or pleaded	27530
guilty to any offense listed or described in division (E) of	27531
section 5126.28 of the Revised Code, unless the person meets the	27532
standards for rehabilitation established by rules adopted under	27533
section 5126.28 of the Revised Code.	27534

(D) A contracting entity may place a person in a direct	27535
services position pending receipt of information concerning the	27536
person's background investigation from the bureau of criminal	27537
identification and investigation, the registrar of motor vehicles,	27538
or any other state or federal agency if the person submits to the	27539
contracting entity a statement with the person's signature that	27540
the person has not been convicted of or pleaded guilty to any of	27541
the offenses listed or described in division (E) of section	27542
5126.28 of the Revised Code. No contracting entity shall fail to	27543
terminate the placement of such person if the contracting entity	27544
is informed that the person has been convicted of or pleaded	27545
guilty to any of the offenses listed or described in division (E)	27546
of section 5126.28 of the Revised Code.	27547

(E) Prior to employing a person in a direct services	27548
position, the contracting entity shall require the person to	27549
submit a statement with the applicant's signature attesting that	27550
the applicant has not been convicted of or pleaded guilty to any	27551
of the offenses listed or described in division (E) of section	27552
5126.28 of the Revised Code. The contracting entity also shall	27553
require the person to sign an agreement to notify the contracting	27554
entity within fourteen calendar days if, while employed by the	27555
entity, the person is ever formally charged with, convicted of, or	27556
pleads guilty to any of the offenses listed or described in	27557
division (E) of section 5126.28 of the Revised Code. The agreement	27558
shall inform the person that failure to report formal charges, a	27559
conviction, or a guilty plea may result in being dismissed from	27560
employment.	27561

(F) A county board may take appropriate action against a	27562
contracting entity that violates this section, including	27563
terminating the contracting entity's contract with the board.	27564

Sec. 5126.29. (A) No professional or management employee in	27565
a position that requires a license issued by the state board of	27566
education under sections 3319.22 to 3319.31 of the Revised Code or	27567
a certificate issued by the director of ~~mental retardation and~~	27568
developmental disabilities under section 5126.25 of the Revised	27569
Code shall terminate the employee's employment contract with a	27570
county board of ~~mental retardation and~~ developmental disabilities	27571
without obtaining the written consent of the board prior to the	27572
termination or giving the board written notice of the termination	27573
at least thirty days before its effective date.	27574

(B) Upon complaint by a county board of ~~mental retardation~~	27575
~~and~~ developmental disabilities that a person holding a license	27576
issued under sections 3319.22 to 3319.31 of the Revised Code has	27577
violated division (A) of this section, the state board of	27578
education shall investigate the complaint. If the state board	27579
determines that the person did violate division (A) of this	27580
section, it may suspend the person's license for a period of time	27581
not exceeding one year as determined by the state board.	27582

(C) Upon complaint by a county board of ~~mental retardation~~	27583
~~and~~ developmental disabilities that a person holding a certificate	27584
issued under section 5126.25 of the Revised Code has violated	27585
division (A) of this section, the director of ~~mental retardation~~	27586
~~and~~ developmental disabilities shall investigate the complaint. If	27587
the director determines that the person did violate division (A)	27588
of this section, the director may suspend the person's certificate	27589
for a period of time not exceeding one year as determined by the	27590
director.	27591

Sec. 5126.30. As used in sections 5126.30 to 5126.34 of the	27592
Revised Code:	27593

(A) "Adult" means a person eighteen years of age or older	27594
with mental retardation or a developmental disability.	27595

(B) "Caretaker" means a person who is responsible for the	27596
care of an adult by order of a court, including an order of	27597
guardianship, or who assumes the responsibility for the care of an	27598
adult as a volunteer, as a family member, by contract, or by the	27599
acceptance of payment for care.	27600

(C) "Abuse" has the same meaning as in section 5123.50 of the	27601
Revised Code, except that it includes a misappropriation, as	27602
defined in that section.	27603

(D) "Neglect" has the same meaning as in section 5123.50 of	27604
the Revised Code.	27605

(E) "Exploitation" means the unlawful or improper act of a	27606
caretaker using an adult or an adult's resources for monetary or	27607
personal benefit, profit, or gain, including misappropriation, as	27608
defined in section 5123.50 of the Revised Code, of an adult's	27609
resources.	27610

(F) "Working day" means Monday, Tuesday, Wednesday, Thursday,	27611
or Friday, except when that day is a holiday as defined in section	27612
1.14 of the Revised Code.	27613

(G) "Incapacitated" means lacking understanding or capacity,	27614
with or without the assistance of a caretaker, to make and carry	27615
out decisions regarding food, clothing, shelter, health care, or	27616
other necessities, but does not include mere refusal to consent to	27617
the provision of services.	27618

(H) "Emergency protective services" means protective services	27619
furnished to a person with mental retardation or a developmental	27620
disability to prevent immediate physical harm.	27621

(I) "Protective services" means services provided by the	27622
county board of ~~mental retardation and~~ developmental disabilities	27623
to an adult with mental retardation or a developmental disability	27624
for the prevention, correction, or discontinuance of an act of as	27625
well as conditions resulting from abuse, neglect, or exploitation.	27626

(J) "Protective service plan" means an individualized plan	27627
developed by the county board of ~~mental retardation and~~	27628
developmental disabilities to prevent the further abuse, neglect,	27629
or exploitation of an adult with mental retardation or a	27630
developmental disability.	27631

(K) "Substantial risk" has the same meaning as in section	27632
2901.01 of the Revised Code.	27633

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

27634

(1) An adult who is the subject of a probate proceeding under	27635
sections 5126.30 to 5126.33 of the Revised Code;	27636

(2) A caretaker, unless otherwise ordered by the probate	27637
court;	27638

(3) Any other person designated as a party by the probate	27639
court including but not limited to, the adult's spouse, custodian,	27640
guardian, or parent.	27641

(M) "Board" means a county board of ~~mental retardation and~~	27642
developmental disabilities.	27643

Sec. 5126.31. (A) A county board of ~~mental retardation and~~	27644
developmental disabilities shall review reports of abuse and	27645
neglect made under section 5123.61 of the Revised Code and reports	27646
referred to it under section 5101.611 of the Revised Code to	27647
determine whether the person who is the subject of the report is	27648
an adult with mental retardation or a developmental disability in	27649
need of services to deal with the abuse or neglect. The board	27650
shall give notice of each report to the registry office of the	27651
department of ~~mental retardation and~~ developmental disabilities	27652
established pursuant to section 5123.61 of the Revised Code on the	27653
first working day after receipt of the report. If the report	27654
alleges that there is a substantial risk to the adult of immediate	27655
physical harm or death, the board shall initiate review within	27656
twenty-four hours of its receipt of the report. If the board	27657
determines that the person is sixty years of age or older but does	27658
not have mental retardation or a developmental disability, it	27659
shall refer the case to the county department of job and family	27660
services. If the board determines that the person is an adult with	27661
mental retardation or a developmental disability, it shall	27662
continue its review of the case.	27663

(B) For each review over which the board retains	27664
responsibility under division (A) of this section, it shall do all	27665
of the following:	27666

(1) Give both written and oral notice of the purpose of the	27667
review to the adult and, if any, to the adult's legal counsel or	27668
caretaker, in simple and clear language;	27669

(2) Visit the adult, in the adult's residence if possible,	27670
and explain the notice given under division (B)(1) of this	27671
section;	27672

(3) Request from the registry office any prior reports	27673
concerning the adult or other principals in the case;	27674

(4) Consult, if feasible, with the person who made the report	27675
under section 5101.61 or 5123.61 of the Revised Code and with any	27676
agencies or persons who have information about the alleged abuse	27677
or neglect;	27678

(5) Cooperate fully with the law enforcement agency	27679
responsible for investigating the report and for filing any	27680
resulting criminal charges and, on request, turn over evidence to	27681
the agency;	27682

(6) Determine whether the adult needs services, and prepare a	27683
written report stating reasons for the determination. No adult	27684
shall be determined to be abused, neglected, or in need of	27685
services for the sole reason that, in lieu of medical treatment,	27686
the adult relies on or is being furnished spiritual treatment	27687
through prayer alone in accordance with the tenets and practices	27688
of a church or religious denomination of which the adult is a	27689
member or adherent.	27690

(C) The board shall arrange for the provision of services for	27691
the prevention, correction or discontinuance of abuse or neglect	27692
or of a condition resulting from abuse or neglect for any adult	27693
who has been determined to need the services and consents to	27694
receive them. These services may include, but are not limited to,	27695
service and support administration, fiscal management, medical,	27696
mental health, home health care, homemaker, legal, and residential	27697
services and the provision of temporary accommodations and	27698
necessities such as food and clothing. The services do not include	27699
acting as a guardian, trustee, or protector as defined in section	27700
5123.55 of the Revised Code. If the provision of residential	27701
services would require expenditures by the department of ~~mental~~	27702
~~retardation and~~ developmental disabilities, the board shall obtain	27703
the approval of the department prior to arranging the residential	27704
services.	27705

To arrange services, the board shall:

27706

(1) Develop an individualized service plan identifying the	27707
types of services required for the adult, the goals for the	27708
services, and the persons or agencies that will provide them;	27709

(2) In accordance with rules established by the director of	27710
~~mental retardation and~~ developmental disabilities, obtain the	27711
consent of the adult or the adult's guardian to the provision of	27712
any of these services and obtain the signature of the adult or	27713
guardian on the individual service plan. An adult who has been	27714
found incompetent under Chapter 2111. of the Revised Code may	27715
consent to services. If the board is unable to obtain consent, it	27716
may seek, if the adult is incapacitated, a court order pursuant to	27717
section 5126.33 of the Revised Code authorizing the board to	27718
arrange these services.	27719

(D) The board shall ensure that the adult receives the	27720
services arranged by the board from the provider and shall have	27721
the services terminated if the adult withdraws consent.	27722

(E) On completion of a review, the board shall submit a	27723
written report to the registry office established under section	27724
5123.61 of the Revised Code. If the report includes a finding that	27725
a person with mental retardation or a developmental disability is	27726
a victim of action or inaction that may constitute a crime under	27727
federal law or the law of this state, the board shall submit the	27728
report to the law enforcement agency responsible for investigating	27729
the report. Reports prepared under this section are not public	27730
records as defined in section 149.43 of the Revised Code.	27731

Sec. 5126.311. (A) Notwithstanding the requirement of	27732
section 5126.31 of the Revised Code that a county board of ~~mental~~	27733
~~retardation and~~ developmental disabilities review reports of abuse	27734
and neglect, one of the following government entities, at the	27735
request of the county board or the department of ~~mental~~	27736
~~retardation and~~ developmental disabilities, shall review the	27737
report instead of the county board if circumstances specified in	27738
rules adopted under division (B) of this section exist:	27739

(1) Another county board of ~~mental retardation and~~	27740
developmental disabilities;	27741

(2) The department;

27742

(3) A regional council of government established pursuant to	27743
Chapter 167. of the Revised Code;	27744

(4) Any other government entity authorized to investigate	27745
reports of abuse and neglect.	27746

(B) The director of ~~mental retardation and~~ developmental	27747
disabilities shall adopt rules in accordance with Chapter 119. of	27748
the Revised Code specifying circumstances under which it is	27749
inappropriate for a county board to review reports of abuse and	27750
neglect.	27751

Sec. 5126.313. (A) After reviewing a report of abuse or	27752
neglect under section 5126.31 of the Revised Code or a report of a	27753
major unusual incident made in accordance with rules adopted under	27754
section 5123.612 of the Revised Code, a county board of ~~mental~~	27755
~~retardation and~~ developmental disabilities shall conduct an	27756
investigation if circumstances specified in rules adopted under	27757
division (B) of this section exist. If the circumstances specified	27758
in the rules exist, the county board shall conduct the	27759
investigation in the manner specified by the rules.	27760

(B) The director of ~~mental retardation and~~ developmental	27761
disabilities shall adopt rules in accordance with Chapter 119. of	27762
the Revised Code specifying circumstances under which a county	27763
board shall conduct investigations under division (A) of this	27764
section and the manner in which the county board shall conduct the	27765
investigation.	27766

Sec. 5126.33. (A) A county board of ~~mental retardation and~~	27767
developmental disabilities may file a complaint with the probate	27768
court of the county in which an adult with mental retardation or a	27769
developmental disability resides for an order authorizing the	27770
board to arrange services described in division (C) of section	27771
5126.31 of the Revised Code for that adult if the adult is	27772
eligible to receive services or support under section 5126.041 of	27773
the Revised Code and the board has been unable to secure consent.	27774
The complaint shall include:	27775

(1) The name, age, and address of the adult;

27776

(2) Facts describing the nature of the abuse, neglect, or	27777
exploitation and supporting the board's belief that services are	27778
needed;	27779

(3) The types of services proposed by the board, as set forth	27780
in the protective service plan described in division (J) of	27781
section 5126.30 of the Revised Code and filed with the complaint;	27782

(4) Facts showing the board's attempts to obtain the consent	27783
of the adult or the adult's guardian to the services.	27784

(B) The board shall give the adult notice of the filing of	27785
the complaint and in simple and clear language shall inform the	27786
adult of the adult's rights in the hearing under division (C) of	27787
this section and explain the consequences of a court order. This	27788
notice shall be personally served upon all parties, and also shall	27789
be given to the adult's legal counsel, if any, and the legal	27790
rights service. The notice shall be given at least twenty-four	27791
hours prior to the hearing, although the court may waive this	27792
requirement upon a showing that there is a substantial risk that	27793
the adult will suffer immediate physical harm in the twenty-four	27794
hour period and that the board has made reasonable attempts to	27795
give the notice required by this division.	27796

(C) Upon the filing of a complaint for an order under this	27797
section, the court shall hold a hearing at least twenty-four hours	27798
and no later than seventy-two hours after the notice under	27799
division (B) of this section has been given unless the court has	27800
waived the notice. All parties shall have the right to be present	27801
at the hearing, present evidence, and examine and cross-examine	27802
witnesses. The Ohio Rules of Evidence shall apply to a hearing	27803
conducted pursuant to this division. The adult shall be	27804
represented by counsel unless the court finds that the adult has	27805
made a voluntary, informed, and knowing waiver of the right to	27806
counsel. If the adult is indigent, the court shall appoint	27807
counsel to represent the adult. The board shall be represented by	27808
the county prosecutor or an attorney designated by the board.	27809

(D)(1) The court shall issue an order authorizing the board	27810
to arrange the protective services if it finds, on the basis of	27811
clear and convincing evidence, all of the following:	27812

(a) The adult has been abused, neglected, or exploited;

27813

(b) The adult is incapacitated;

27814

(c) There is a substantial risk to the adult of immediate	27815
physical harm or death;	27816

(d) The adult is in need of the services;

27817

(e) No person authorized by law or court order to give	27818
consent for the adult is available or willing to consent to the	27819
services.	27820

(2) The board shall develop a detailed protective service	27821
plan describing the services that the board will provide, or	27822
arrange for the provision of, to the adult to prevent further	27823
abuse, neglect, or exploitation. The board shall submit the plan	27824
to the court for approval. The protective service plan may be	27825
changed only by court order.	27826

(3) In formulating the order, the court shall consider the	27827
individual protective service plan and shall specifically	27828
designate the services that are necessary to deal with the abuse,	27829
neglect, or exploitation or condition resulting from abuse,	27830
neglect, or exploitation and that are available locally, and	27831
authorize the board to arrange for these services only. The court	27832
shall limit the provision of these services to a period not	27833
exceeding six months, renewable for an additional six-month period	27834
on a showing by the board that continuation of the order is	27835
necessary.	27836

(E) If the court finds that all other options for meeting the	27837
adult's needs have been exhausted, it may order that the adult be	27838
removed from the adult's place of residence and placed in another	27839
residential setting. Before issuing that order, the court shall	27840
consider the adult's choice of residence and shall determine that	27841
the new residential setting is the least restrictive alternative	27842
available for meeting the adult's needs and is a place where the	27843
adult can obtain the necessary requirements for daily living in	27844
safety. The court shall not order an adult to a hospital or public	27845
hospital as defined in section 5122.01 or a state institution as	27846
defined in section 5123.01 of the Revised Code.	27847

(F) The court shall not authorize a change in an adult's	27848
placement ordered under division (E) of this section unless it	27849
finds compelling reasons to justify a change. The parties to whom	27850
notice was given in division (B) of this section shall be given	27851
notice of a proposed change at least five working days prior to	27852
the change.	27853

(G) The adult, the board, or any other person who received	27854
notice of the petition may file a motion for modification of the	27855
court order at any time.	27856

(H) The county board shall pay court costs incurred in	27857
proceedings brought pursuant to this section. The adult shall not	27858
be required to pay for court-ordered services.	27859

(I)(1) After the filing of a complaint for an order under	27860
this section, the court, prior to the final disposition, may enter	27861
any temporary order that the court finds necessary to protect the	27862
adult with mental retardation or a developmental disability from	27863
abuse, neglect, or exploitation including, but not limited to, the	27864
following:	27865

(a) A temporary protection order;

27866

(b) An order requiring the evaluation of the adult;

27867

(c) An order requiring a party to vacate the adult's place of	27868
residence or legal settlement, provided that, subject to division	27869
(K)(1)(d) of this section, no operator of a residential facility	27870
licensed by the department may be removed under this division;	27871

(d) In the circumstances described in, and in accordance with	27872
the procedures set forth in, section 5123.191 of the Revised Code,	27873
an order of the type described in that section that appoints a	27874
receiver to take possession of and operate a residential facility	27875
licensed by the department.	27876

(2) The court may grant an ex parte order pursuant to this	27877
division on its own motion or if a party files a written motion or	27878
makes an oral motion requesting the issuance of the order and	27879
stating the reasons for it if it appears to the court that the	27880
best interest and the welfare of the adult require that the court	27881
issue the order immediately. The court, if acting on its own	27882
motion, or the person requesting the granting of an ex parte	27883
order, to the extent possible, shall give notice of its intent or	27884
of the request to all parties, the adult's legal counsel, if any,	27885
and the legal rights service. If the court issues an ex parte	27886
order, the court shall hold a hearing to review the order within	27887
seventy-two hours after it is issued or before the end of the next	27888
day after the day on which it is issued, whichever occurs first.	27889
The court shall give written notice of the hearing to all parties	27890
to the action.	27891

Sec. 5126.331. (A) A probate court, through a probate judge	27892
or magistrate, may issue by telephone an ex parte emergency order	27893
authorizing any of the actions described in division (B) of this	27894
section if all of the following are the case:	27895

(1) The court receives notice from the county board of ~~mental~~	27896
~~retardation and~~ developmental disabilities, or an authorized	27897
employee of the board, that the board or employee believes an	27898
emergency order is needed as described in this section.	27899

(2) The adult who is the subject of the notice is eligible to	27900
receive services or support under section 5126.041 of the Revised	27901
Code.	27902

(3) There is reasonable cause to believe that the adult is	27903
incapacitated.	27904

(4) There is reasonable cause to believe that there is a	27905
substantial risk to the adult of immediate physical harm or death.	27906

(B) An order issued under this section may authorize the	27907
county board of ~~mental retardation and~~ developmental disabilities	27908
to do any of the following:	27909

(1) Provide, or arrange for the provision of, emergency	27910
protective services for the adult;	27911

(2) Remove the adult from the adult's place of residence or	27912
legal settlement;	27913

(3) Remove the adult from the place where the abuse, neglect,	27914
or exploitation occurred.	27915

(C) A court shall not issue an order under this section to	27916
remove an adult from a place described in division (B)(2) or (3)	27917
of this section until the court is satisfied that reasonable	27918
efforts have been made to notify the adult and any person with	27919
whom the adult resides of the proposed removal and the reasons for	27920
it, except that, the court may issue an order prior to giving the	27921
notice if one of the following is the case:	27922

(1) Notification could jeopardize the physical or emotional	27923
safety of the adult.	27924

(2) The notification could result in the adult being removed	27925
from the court's jurisdiction.	27926

(D) An order issued under this section shall be in effect for	27927
not longer than twenty-four hours, except that if the day	27928
following the day on which the order is issued is a weekend-day or	27929
legal holiday, the order shall remain in effect until the next	27930
business day.	27931

(E)(1) Except as provided in division (E)(2) of this section,	27932
not later than twenty-four hours after an order is issued under	27933
this section, the county board or employee that provided notice to	27934
the probate court shall file a complaint with the court in	27935
accordance with division (A) of section 5126.33 of the Revised	27936
Code.	27937

(2) If the day following the day on which the order was	27938
issued is a weekend-day or a holiday, the county board or employee	27939
shall file the complaint with the probate court on the next	27940
business day.	27941

(3) Except as provided in section 5126.332 of the Revised	27942
Code, proceedings on the complaint filed pursuant to this division	27943
shall be conducted in accordance with section 5126.33 of the	27944
Revised Code.	27945

Sec. 5126.333. Any person who has reason to believe that	27946
there is a substantial risk to an adult with mental retardation or	27947
a developmental disability of immediate physical harm or death and	27948
that the responsible county board of ~~mental retardation and~~	27949
developmental disabilities has failed to seek an order pursuant to	27950
section 5126.33 or 5126.331 of the Revised Code may notify the	27951
department of ~~mental retardation and~~ developmental disabilities.	27952
Within twenty-four hours of receipt of such notice, the department	27953
shall cause an investigation to be conducted regarding the notice.	27954
The department shall provide assistance to the county board to	27955
provide for the health and safety of the adult as permitted by	27956
law.	27957

Sec. 5126.34. Each county board of ~~mental retardation and~~	27958
developmental disabilities shall provide comprehensive, formal	27959
training for county board employees and other persons authorized	27960
to implement sections 5126.30 to 5126.34 of the Revised Code.	27961

The department of ~~mental retardation and~~ developmental	27962
disabilities shall adopt rules establishing minimum standards for	27963
the training provided by county boards pursuant to this section.	27964
The training provided by the county boards shall meet the minimum	27965
standards prescribed by the rules.	27966

Sec. 5126.36. (A) As used in this section, "health-related	27967
activities," "prescribed medication," and "tube feeding" have the	27968
same meanings as in section 5123.41 of the Revised Code.	27969

(B) In accordance with sections 5123.42 and 5123.651 of the	27970
Revised Code, an employee of a county board of ~~mental retardation~~	27971
or developmental disabilities or an entity under contract with the	27972
board who is not specifically authorized by other provisions of	27973
the Revised Code to administer prescribed medications, perform	27974
health-related activities, perform tube feedings, or provide	27975
assistance in the self-administration of prescribed medications	27976
may do so pursuant to the authority granted under those sections.	27977

Sec. 5126.40. (A) Sections 5126.40 to 5126.47 of the Revised	27978
Code do not apply to medicaid-funded supported living.	27979

(B) As used in sections 5126.40 to 5126.47 of the Revised	27980
Code, "provider" means a person or government entity certified by	27981
the director of ~~mental retardation and~~ developmental disabilities	27982
to provide supported living for individuals with mental	27983
retardation and developmental disabilities.	27984

(C) On and after July 1, 1995, each county board shall plan	27985
and develop supported living for individuals with mental	27986
retardation and developmental disabilities who are residents of	27987
the county in accordance with sections 5126.41 to 5126.47 of the	27988
Revised Code.	27989

Sec. 5126.41. The county board of ~~mental retardation and~~	27990
developmental disabilities shall identify residents of the county	27991
for whom supported living is to be provided. Identification of the	27992
residents shall be made in accordance with the priorities set	27993
under section 5126.04 of the Revised Code and the waiting list	27994
policies developed under section 5126.042 of the Revised Code. The	27995
board shall assist the residents in identifying their individual	27996
service needs.	27997

To arrange supported living for an individual, the board	27998
shall assist the individual in developing an individual service	27999
plan. In developing the plan, the individual shall choose a	28000
residence that is appropriate according to local standards; the	28001
individuals, if any, with whom the individual will live in the	28002
residence; the services the individual needs to live in the	28003
individual's residence of choice; and the providers from which the	28004
services will be received. The choices available to an individual	28005
shall be based on available resources.	28006

The board shall obtain the consent of the individual or the	28007
individual's guardian and the signature of the individual or	28008
guardian on the individual service plan. The county board shall	28009
ensure that the individual receives from the provider the services	28010
contracted for under section 5126.45 of the Revised Code.	28011

An individual service plan for supported living shall be	28012
effective for a period of time agreed to by the county board and	28013
the individual. In determinating that period, the county board and	28014
the individual shall consider the nature of the services to be	28015
provided and the manner in which they are customarily provided.	28016

Sec. 5126.42. (A) A county board of ~~mental retardation and~~	28017
developmental disabilities shall establish an advisory council	28018
composed of board members or employees of the board, providers,	28019
individuals receiving supported living, and advocates for	28020
individuals receiving supported living to provide on-going	28021
communication among all persons concerned with supported living.	28022

(B) The board shall develop procedures for the resolution of	28023
grievances between the board and providers or between the board	28024
and an entity with which it has a shared funding agreement.	28025

(C) The board shall develop and implement a provider	28026
selection system. Each system shall enable an individual to choose	28027
to continue receiving supported living from the same providers, to	28028
select additional providers, or to choose alternative providers.	28029
Annually, the board shall review its provider selection system to	28030
determine whether it has been implemented in a manner that allows	28031
individuals fair and equitable access to providers.	28032

In developing a provider selection system, the county board	28033
shall create a pool of providers for individuals to use in	28034
choosing their providers of supported living. The pool shall be	28035
created by placing in the pool all providers on record with the	28036
board or by placing in the pool all providers approved by the	28037
board through soliciting requests for proposals for supported	28038
living contracts. In either case, only providers that are	28039
certified by the director of ~~mental retardation and~~ developmental	28040
disabilities may be placed in the pool.	28041

If the board places all providers on record in the pool, the	28042
board shall review the pool at least annually to determine whether	28043
each provider has continued interest in being a provider and has	28044
maintained its certification by the department. At any time, an	28045
interested and certified provider may make a request to the board	28046
that it be added to the pool, and the board shall add the provider	28047
to the pool not later than seven days after receiving the request.	28048

If the board solicits requests for proposals for inclusion of	28049
providers in the pool, the board shall develop standards for	28050
selecting the providers to be included. Requests for proposals	28051
shall be solicited at least annually. When requests are solicited,	28052
the board shall cause legal notices to be published at least once	28053
each week for two consecutive weeks in a newspaper with general	28054
circulation within the county. The board's formal request for	28055
proposals shall include a description of any applicable contract	28056
terms, the standards that are used to select providers for	28057
inclusion in the pool, and the process the board uses to resolve	28058
disputes arising from the selection process. The board shall	28059
accept requests from any entity interested in being a provider of	28060
supported living for individuals served by the board. Requests	28061
shall be approved or denied according to the standards developed	28062
by the board. Providers that previously have been placed in the	28063
pool are not required to resubmit a request for proposal to be	28064
included in the pool, unless the board's standards have been	28065
changed.	28066

In assisting an individual in choosing a provider, the county	28067
board shall provide the individual with uniform and consistent	28068
information pertaining to each provider in the pool. An individual	28069
may choose to receive supported living from a provider that is	28070
not included in the pool, if the provider is certified by the	28071
director of ~~mental retardation and~~ developmental disabilities.	28072

Sec. 5126.43. (A) After receiving notice from the department	28073
of ~~mental retardation and~~ developmental disabilities of the amount	28074
of state funds to be distributed to it for planning, developing,	28075
contracting for, and providing supported living, the county board	28076
of ~~mental retardation and~~ developmental disabilities shall	28077
arrange for supported living on behalf of and with the consent of	28078
individuals based on their individual service plans developed	28079
under section 5126.41 of the Revised Code. With the state	28080
distribution and any other money designated by the board for	28081
supported living, the board shall arrange for supported living in	28082
one or more of the following ways:	28083

(1) By contracting under section 5126.45 of the Revised Code	28084
with providers selected by the individual to be served;	28085

(2) By entering into shared funding agreements with state	28086
agencies, local public agencies, or political subdivisions at	28087
rates negotiated by the board;	28088

(3) By providing direct payment or vouchers to be used to	28089
purchase supported living, pursuant to a written contract in an	28090
amount determined by the board, to the individual or a person	28091
providing the individual with protective services as defined in	28092
section 5123.55 of the Revised Code.	28093

(B) The board may arrange for supported living only with	28094
providers that are certified by the director of ~~mental~~	28095
~~retardation and~~ developmental disabilities.	28096

When no certified provider is willing and able to provide	28097
supported living for an individual in accordance with the terms of	28098
the individual service plan for that individual, a county board	28099
may provide supported living directly if it is certified by the	28100
director of ~~mental retardation and~~ developmental disabilities to	28101
provide supported living.	28102

A county board may, for a period not to exceed ninety days,	28103
contract for or provide supported living without meeting the	28104
requirements of this section for an individual it determines to be	28105
in emergency need of supported living. Thereafter, the individual	28106
shall choose providers in accordance with sections 5126.41 and	28107
5126.42 of the Revised Code.	28108

Sec. 5126.45. (A) A contract between a county board of	28109
~~mental retardation and~~ developmental disabilities and a provider	28110
of supported living shall be in writing and shall be based on the	28111
individual service plan developed by the individual under section	28112
5126.41 of the Revised Code. The plan may be submitted as an	28113
addendum to the contract. An individual receiving services	28114
pursuant to a contract shall be considered a third-party	28115
beneficiary to the contract.	28116

(B) The contract shall be negotiated between the provider and	28117
the county board. The terms of the contract shall include at least	28118
the following:	28119

(1) The contract period and conditions for renewal;

28120

(2) The services to be provided pursuant to the individual	28121
service plan;	28122

(3) The rights and responsibilities of all parties to the	28123
contract;	28124

(4) The methods that will be used to evaluate the services	28125
delivered by the provider;	28126

(5) Procedures for contract modification that ensure all	28127
parties affected by the modification are involved and agree;	28128

(6) A process for resolving conflicts between individuals	28129
receiving services, the county board, and the provider, as	28130
applicable;	28131

(7) Procedures for the retention of applicable records;

28132

(8) Provisions for contract termination by any party involved	28133
that include requirements for an appropriate notice of intent to	28134
terminate the contract;	28135

(9) Methods to be used to document services provided;

28136

(10) Procedures for submitting reports required by the county	28137
board as a condition of receiving payment under the contract;	28138

(11) The method and schedule the board will use to make	28139
payments to the provider and whether periodic payment adjustments	28140
will be made to the provider;	28141

(12) Provisions for conducting fiscal reconciliations for	28142
payments made through methods other than a fee-for-service	28143
arrangement.	28144

(C) Payments to the provider under a supported living	28145
contract must be determined by the board to be reasonable in	28146
accordance with policies and procedures developed by the board.	28147
Goods or services provided without charge to the provider shall	28148
not be included as expenditures of the provider.	28149

(D) The board shall establish procedures for reconciling	28150
expenditures and payments, other than those made under a	28151
fee-for-service arrangement, for the prior contract year when a	28152
contract is not renewed and shall reconcile expenditures and	28153
payments in accordance with these procedures.	28154

(E) A provider or an entity with which the board has entered	28155
into a shared funding agreement may appeal a negotiated contract	28156
or proposed shared funding rate to the county board using the	28157
procedures established by the board under section 5126.42 of the	28158
Revised Code.	28159

Sec. 5126.46. (A) No county board of ~~mental retardation and~~	28160
developmental disabilities shall be obligated to use any money	28161
other than money in the community ~~mental retardation and~~	28162
developmental disabilities residential services fund to furnish	28163
residential services.	28164

(B) Except with respect to a child required to be provided	28165
services pursuant to section 121.38 of the Revised Code, no court	28166
or other entity of state or local government shall order or	28167
otherwise require a county board of ~~mental retardation and~~	28168
developmental disabilities to use money from local sources for	28169
residential services for an individual with mental retardation or	28170
developmental disabilities or to arrange for residential services	28171
for such an individual unless a vacancy exists in an appropriate	28172
residential setting within the county.	28173

Sec. 5126.47. A county board of ~~mental retardation and~~	28174
developmental disabilities may, pursuant to a resolution adopted	28175
by an affirmative vote of the majority of its members, establish,	28176
by agreement with one or more other county boards of ~~mental~~	28177
~~retardation and~~ developmental disabilities, a residential services	28178
consortium to jointly provide residential services and supported	28179
living. The agreement shall designate one board to assume the	28180
fiscal responsibilities for the consortium. The county auditor of	28181
the designated county shall establish a community ~~mental~~	28182
~~retardation and~~ developmental disabilities residential services	28183
fund for the consortium. Each board that is a member of the	28184
consortium shall cause to be deposited in the fund any state or	28185
federal money received for community residential services the	28186
county board has agreed to contribute to the consortium.	28187

Sec. 5126.49. The county board of ~~mental retardation and~~	28188
developmental disabilities may adopt a resolution requesting the	28189
board of county commissioners to implement a residential facility	28190
linked deposit program under sections 5126.51 to 5126.62 of the	28191
Revised Code if the county board of ~~mental retardation and~~	28192
developmental disabilities finds all of the following:	28193

(A) There is a shortage of residential facilities in the	28194
county for individuals with mental retardation or developmental	28195
disabilities.	28196

(B) Eligible organizations, otherwise willing and able to	28197
develop residential facilities in the county, have been unable to	28198
do so because of high interest rates.	28199

(C) Placement of residential facility linked deposits will	28200
assist in financing the development of residential facilities in	28201
the county that otherwise would not be developed because of high	28202
interest rates.	28203

The board shall transmit a certified copy of the resolution	28204
to the board of county commissioners.	28205

Sec. 5126.50. If the board of county commissioners adopts a	28206
resolution under sections 135.801 and 135.802 of the Revised Code	28207
implementing a residential facility linked deposit program, the	28208
county board of ~~mental retardation and~~ developmental disabilities	28209
shall adopt a resolution that does all of the following:	28210

(A) Establishes standards for its review of applications and	28211
its approval or disapproval of proposed residential facilities	28212
under section 5126.55 of the Revised Code;	28213

(B) Prescribes the form of applications under section 5126.54	28214
of the Revised Code;	28215

(C) Establishes standards for approval or disapproval of	28216
applications for linked deposit loans under section 5126.58 of the	28217
Revised Code.	28218

Sec. 5126.54. An eligible organization that seeks a	28219
residential facility linked deposit loan to finance all or part of	28220
the development of a residential facility shall obtain approval of	28221
the proposed project from the county board of ~~mental retardation~~	28222
~~and~~ developmental disabilities of the county in which the facility	28223
will be developed. The application shall be in the form prescribed	28224
by the board and include all of the following:	28225

(A) The organization's name, business address, and telephone	28226
number;	28227

(B) The name of an officer or employee of the organization	28228
who may be contacted with regard to the application;	28229

(C) A description of the residential facility and a timetable	28230
showing the time at which each phase of its development is	28231
expected to be completed;	28232

(D) The amount of the loan to be applied for;

28233

(E) Any other information the board considers necessary to	28234
successfully review the application.	28235

Whoever knowingly makes a false statement on an application	28236
is guilty of the offense of falsification under section 2921.13 of	28237
the Revised Code.	28238

Sec. 5126.55. The county board of ~~mental retardation and~~	28239
developmental disabilities shall review each application filed	28240
under section 5126.54 of the Revised Code and adopt a resolution	28241
approving or disapproving development of the proposed residential	28242
facility. The board shall not approve development of the proposed	28243
residential facility unless it finds, based upon the application	28244
and its evaluation of the applicant, that development of the	28245
residential facility is consistent with its plan and priorities,	28246
under section 5126.05 of the Revised Code, for the provision of	28247
residential facilities for individuals with mental retardation or	28248
developmental disabilities residing in the county.	28249

The resolution shall include specific findings of fact	28250
justifying the approval or disapproval.	28251

The board shall transmit a certified copy of the resolution	28252
to the applicant and to the board of county commissioners.	28253

Sec. 5126.57. In reviewing an application for a residential	28254
facility linked deposit loan, the eligible lending institution	28255
shall apply the same lending standards as it customarily applies	28256
to applications for loans for the development of residential	28257
property. The lending institution shall either approve or	28258
disapprove an application for a residential facility linked	28259
deposit loan within a reasonable time, in accordance with	28260
commercial practice.	28261

If the lending institution approves an application, it shall	28262
prepare and transmit each of the following to the county board of	28263
~~mental retardation and~~ developmental disabilities:	28264

(A) A certification that it is an eligible lending	28265
institution;	28266

(B) A statement that it has approved a residential facility	28267
linked deposit loan to the eligible organization and the amount of	28268
the loan;	28269

(C) A copy of the eligible organization's loan application	28270
and a copy of the resolution of the eligible organization's board	28271
of trustees included with the loan application;	28272

(D) Any other information the board of county commissioners	28273
requires in the resolution adopted under sections 135.801 and	28274
135.802 of the Revised Code.	28275

If the lending institution does not approve an application	28276
for a residential facility linked deposit loan, it shall promptly	28277
notify the county board of ~~mental retardation and~~ developmental	28278
disabilities of such disapproval.	28279

Sec. 5126.58. The county board of ~~mental retardation and~~	28280
developmental disabilities shall adopt a resolution approving or	28281
disapproving an eligible organization's application for a	28282
residential facility linked deposit loan. The board shall	28283
disapprove an application unless it finds, based on the	28284
application and its evaluation of the applicant, each of the	28285
following:	28286

(A) The applicant has fully complied with sections 5126.54	28287
and 5126.56 of the Revised Code.	28288

(B) Development of the residential facility will materially	28289
contribute to alleviating the shortage of residential facilities	28290
in the county for individuals with mental retardation or	28291
developmental disabilities.	28292

(C) The applicant is ready to proceed with development of the	28293
residential facility, but is unable to do so because of high	28294
interest rates.	28295

(D) The board of county commissioners has certified that	28296
public moneys of the county are currently available for placement	28297
of the residential facility linked deposit necessary to provide	28298
low-cost financing to the applicant.	28299

(E) Placement of the residential facility linked deposit,	28300
considered in the aggregate with all other residential facility	28301
linked deposits under the county's residential facility linked	28302
deposit program, will not cause the total amount of the county's	28303
residential facility linked deposits to exceed an amount equal to	28304
ten per cent of the operating budget of the county board of ~~mental~~	28305
~~retardation and~~ developmental disabilities for the current year.	28306
If placement of the residential facility linked deposit would	28307
cause the total amount of the county's residential facility linked	28308
deposits to exceed the maximum established by this division, the	28309
board may accept the application but limit the amount of the	28310
residential facility linked deposit accordingly.	28311

The resolution shall include specific findings of fact	28312
justifying acceptance or rejection of the application. If the	28313
board accepts the application, it shall specify the amount of the	28314
residential facility linked deposit in the resolution.	28315

The board shall transmit a certified copy of the resolution	28316
to the applicant, the eligible lending institution, and the	28317
county's investing authority.	28318

Sec. 5126.59. On acceptance of a residential facility linked	28319
deposit loan by the county board of ~~mental retardation and~~	28320
developmental disabilities, the county's investing authority shall	28321
enter into a residential facility linked deposit agreement with	28322
the eligible lending institution. The agreement shall include all	28323
of the following terms:	28324

(A) An agreement by the investing authority to place	28325
certificates of deposit with the eligible lending institution, in	28326
the amount of the residential facility linked deposit specified in	28327
the resolution, at an interest rate of up to five per cent per	28328
year below current annual market rates, for a term considered	28329
appropriate by the investing authority, not to exceed five years,	28330
and to renew the certificates of deposit for up to four additional	28331
terms, each additional term not to exceed five years;	28332

(B) An agreement by the eligible lending institution to lend	28333
the value of the certificates of deposit placed with the	28334
institution to the eligible organization at an annual interest	28335
rate that is the same number of percentage points below the annual	28336
borrowing rate currently applicable to similar loans as the annual	28337
interest rate agreed to for certificates of deposit placed	28338
pursuant to division (A) of this section is below current annual	28339
market rates;	28340

(C) An agreement by the eligible lending institution to pay	28341
interest on the certificates of deposit at times determined by the	28342
investing authority;	28343

(D) The form in which the eligible lending institution is to	28344
make the certification required by section 5126.60 of the Revised	28345
Code;	28346

(E) Any other terms necessary to carry out the purpose of	28347
sections 5126.51 to 5126.62 of the Revised Code.	28348

The agreement may contain terms specifying the period of time	28349
during which the eligible lending institution is to lend funds	28350
upon placement of the residential facility linked deposit.	28351

The investing authority shall determine current market rates	28352
under the agreement.	28353

Sec. 5126.61. The county investing authority shall monitor	28354
the compliance with sections 5126.51 to 5126.62 of the Revised	28355
Code of eligible lending institutions and eligible organizations	28356
receiving residential facility linked deposits and loans.	28357

The investing authority shall annually report to the board of	28358
county commissioners and county board of ~~mental retardation and~~	28359
developmental disabilities with regard to the operation of the	28360
county's residential facility linked deposit program. The report	28361
shall list the eligible organizations receiving residential	28362
facility linked deposit loans under the residential facility	28363
linked deposit program.	28364

Sec. 5126.62. The county, board of county commissioners,	28365
county board of ~~mental retardation and~~ developmental disabilities,	28366
and county investing authority are not liable to any eligible	28367
lending institution in any manner for payment of the principal or	28368
interest on a loan to an eligible organization. Delay in payment	28369
or default on the part of an eligible organization does not in any	28370
manner affect the residential facility linked deposit agreement	28371
between the county investing authority and the eligible lending	28372
institution.	28373

Sec. 5126.99. (A) Whoever violates division (B) of section	28374
5126.044 of the Revised Code is guilty of a misdemeanor of the	28375
first degree.	28376

(B) Whoever violates division (F) of section 5126.253 of the	28377
Revised Code shall be punished as follows:	28378

(1) Except as otherwise provided in division (B)(2) of this	28379
section, the person is guilty of a misdemeanor of the fourth	28380
degree.	28381

(2) The person is guilty of a misdemeanor of the first degree	28382
if both of the following conditions apply:	28383

(a) The employee who is the subject of the report that the	28384
person fails to submit was required to be reported for the	28385
commission or alleged commission of an act or offense involving	28386
the infliction on a child of any physical or mental wound, injury,	28387
disability, or condition of a nature that constitutes abuse or	28388
neglect of the child;	28389

(b) During the period between the violation of division (F)	28390
of section 5126.253 of the Revised Code and the conviction of or	28391
plea of guilty by the person for that violation, the employee who	28392
is the subject of the report that the person fails to submit	28393
inflicts on any child attending a school district, educational	28394
service center, public or nonpublic school, or county board of	28395
~~mental retardation and~~ developmental disabilities where the	28396
employee works any physical or mental wound, injury, disability,	28397
or condition of a nature that constitutes abuse or neglect of the	28398
child.	28399

Sec. 5139.08. The department of youth services may enter	28400
into an agreement with the director of rehabilitation and	28401
correction pursuant to which the department of youth services, in	28402
accordance with division (C)(2) of section 5139.06 and section	28403
5120.162 of the Revised Code, may transfer to a correctional	28404
medical center established by the department of rehabilitation and	28405
correction, children who are within its custody for diagnosis or	28406
treatment of an illness, physical condition, or other medical	28407
problem. The department of youth services may enter into any other	28408
agreements with the director of job and family services, the	28409
director of mental health, the director of ~~mental retardation and~~	28410
developmental disabilities, the director of rehabilitation and	28411
correction, with the courts having probation officers or other	28412
public officials, and with private agencies or institutions for	28413
separate care or special treatment of children subject to the	28414
control of the department of youth services. The department of	28415
youth services may, upon the request of a juvenile court not	28416
having a regular probation officer, provide probation services for	28417
such court.	28418

Upon request by the department of youth services, any public	28419
agency or group care facility established or administered by the	28420
state for the care and treatment of children and youth shall,	28421
consistent with its functions, accept and care for any child whose	28422
custody is vested in the department in the same manner as it would	28423
be required to do if custody had been vested by a court in such	28424
agency or group care facility. If the department has reasonable	28425
grounds to believe that any child or youth whose custody is vested	28426
in it is mentally ill or mentally retarded, the department may	28427
file an affidavit under section 5122.11 or 5123.76 of the Revised	28428
Code. The department's affidavit for admission of a child or youth	28429
to such institution shall be filed with the probate court of the	28430
county from which the child was committed to the department. Such	28431
court may request the probate court of the county in which the	28432
child is held to conduct the hearing on the application, in which	28433
case the court making such request shall bear the expenses of the	28434
proceeding. If the department files such an affidavit, the child	28435
or youth may be kept in such institution until a final decision on	28436
the affidavit is made by the appropriate court.	28437

Sec. 5139.34. (A) Funds may be appropriated to the	28438
department of youth services for the purpose of granting state	28439
subsidies to counties. A county or the juvenile court that serves	28440
a county shall use state subsidies granted to the county pursuant	28441
to this section only in accordance with divisions (B)(2)(a) and	28442
(3)(a) of section 5139.43 of the Revised Code and the rules	28443
pertaining to the state subsidy funds that the department adopts	28444
pursuant to division (D) of section 5139.04 of the Revised Code.	28445
The department shall not grant financial assistance pursuant to	28446
this section for the provision of care and services for children	28447
in a placement facility unless the facility has been certified,	28448
licensed, or approved by a state or national agency with	28449
certification, licensure, or approval authority, including, but	28450
not limited to, the department of job and family services,	28451
department of education, department of mental health, department	28452
of ~~mental retardation and~~ developmental disabilities, or American	28453
~~Correctional Association~~correctional association. For the	28454
purposes of this section, placement facilities do not include a	28455
state institution or a county or district children's home.	28456

The department also shall not grant financial assistance	28457
pursuant to this section for the provision of care and services	28458
for children, including, but not limited to, care and services in	28459
a detention facility, in another facility, or in out-of-home	28460
placement, unless the minimum standards applicable to the care and	28461
services that the department prescribes in rules adopted pursuant	28462
to division (D) of section 5139.04 of the Revised Code have been	28463
satisfied.	28464

(B) The department of youth services shall apply the	28465
following formula to determine the amount of the annual grant that	28466
each county is to receive pursuant to division (A) of this	28467
section, subject to the appropriation for this purpose to the	28468
department made by the general assembly:	28469

(1) Each county shall receive a basic annual grant of fifty	28470
thousand dollars.	28471

(2) The sum of the basic annual grants provided under	28472
division (B)(1) of this section shall be subtracted from the total	28473
amount of funds appropriated to the department of youth services	28474
for the purpose of making grants pursuant to division (A) of this	28475
section to determine the remaining portion of the funds	28476
appropriated. The remaining portion of the funds appropriated	28477
shall be distributed on a per capita basis to each county that has	28478
a population of more than twenty-five thousand for that portion of	28479
the population of the county that exceeds twenty-five thousand.	28480

(C)(1) Prior to a county's receipt of an annual grant	28481
pursuant to this section, the juvenile court that serves the	28482
county shall prepare, submit, and file in accordance with division	28483
(B)(3)(a) of section 5139.43 of the Revised Code an annual grant	28484
agreement and application for funding that is for the combined	28485
purposes of, and that satisfies the requirements of, this section	28486
and section 5139.43 of the Revised Code. In addition to the	28487
subject matters described in division (B)(3)(a) of section 5139.43	28488
of the Revised Code or in the rules that the department adopts to	28489
implement that division, the annual grant agreement and	28490
application for funding shall address fiscal accountability and	28491
performance matters pertaining to the programs, care, and services	28492
that are specified in the agreement and application and for which	28493
state subsidy funds granted pursuant to this section will be used.	28494

(2) The county treasurer of each county that receives an	28495
annual grant pursuant to this section shall deposit the state	28496
subsidy funds so received into the county's felony delinquent care	28497
and custody fund created pursuant to division (B)(1) of section	28498
5139.43 of the Revised Code. Subject to exceptions prescribed in	28499
section 5139.43 of the Revised Code that may apply to the	28500
disbursement, the department shall disburse the state subsidy	28501
funds to which a county is entitled in a lump sum payment that	28502
shall be made in July of each calendar year.	28503

(3) Upon an order of the juvenile court that serves a county	28504
and subject to appropriation by the board of county commissioners	28505
of that county, a county treasurer shall disburse from the	28506
county's felony delinquent care and custody fund the state subsidy	28507
funds granted to the county pursuant to this section for use only	28508
in accordance with this section, the applicable provisions of	28509
section 5139.43 of the Revised Code, and the county's approved	28510
annual grant agreement and application for funding.	28511

(4) The moneys in a county's felony delinquent care and	28512
custody fund that represent state subsidy funds granted pursuant	28513
to this section are subject to appropriation by the board of	28514
county commissioners of the county; shall be disbursed by the	28515
county treasurer as required by division (C)(3) of this section;	28516
shall be used in the manners referred to in division (C)(3) of	28517
this section; shall not revert to the county general fund at the	28518
end of any fiscal year; shall carry over in the felony delinquent	28519
care and custody fund from the end of any fiscal year to the next	28520
fiscal year; shall be in addition to, and shall not be used to	28521
reduce, any usual annual increase in county funding that the	28522
juvenile court is eligible to receive or the current level of	28523
county funding of the juvenile court and of any programs, care, or	28524
services for alleged or adjudicated delinquent children, unruly	28525
children, or juvenile traffic offenders or for children who are at	28526
risk of becoming delinquent children, unruly children, or juvenile	28527
traffic offenders; and shall not be used to pay for the care and	28528
custody of felony deliquents who are in the care and custody of an	28529
institution pursuant to a commitment, recommitment, or revocation	28530
of a release on parole by the juvenile court of that county or who	28531
are in the care and custody of a community corrections facility	28532
pursuant to a placement by the department with the consent of the	28533
juvenile court as described in division (E) of section 5139.36 of	28534
the Revised Code.	28535

(5) As a condition of the continued receipt of state subsidy	28536
funds pursuant to this section, each county and the juvenile court	28537
that serves each county that receives an annual grant pursuant to	28538
this section shall comply with divisions (B)(3)(b), (c), and (d)	28539
of section 5139.43 of the Revised Code.	28540

Sec. 5145.18. Any printing or binding performed in a state	28541
correctional institution may be performed for the use of the	28542
institution, the departments of mental health, ~~mental retardation~~	28543
~~and~~ developmental disabilities, and rehabilitation and correction,	28544
the department of public safety in connection with the	28545
registration of motor vehicles, and for any other purpose	28546
authorized by division (B) of section 5145.03 and by sections	28547
5145.16 and 5145.161 of the Revised Code.	28548

Sec. 5153.16. (A) Except as provided in section 2151.422 of	28549
the Revised Code, in accordance with rules adopted under section	28550
5153.166 of the Revised Code, and on behalf of children in the	28551
county whom the public children services agency considers to be in	28552
need of public care or protective services, the public children	28553
services agency shall do all of the following:	28554

(1) Make an investigation concerning any child alleged to be	28555
an abused, neglected, or dependent child;	28556

(2) Enter into agreements with the parent, guardian, or other	28557
person having legal custody of any child, or with the department	28558
of job and family services, department of mental health,	28559
department of ~~mental retardation and~~ developmental disabilities,	28560
other department, any certified organization within or outside the	28561
county, or any agency or institution outside the state, having	28562
legal custody of any child, with respect to the custody, care, or	28563
placement of any child, or with respect to any matter, in the	28564
interests of the child, provided the permanent custody of a child	28565
shall not be transferred by a parent to the public children	28566
services agency without the consent of the juvenile court;	28567

(3) Accept custody of children committed to the public	28568
children services agency by a court exercising juvenile	28569
jurisdiction;	28570

(4) Provide such care as the public children services agency	28571
considers to be in the best interests of any child adjudicated to	28572
be an abused, neglected, or dependent child the agency finds to be	28573
in need of public care or service;	28574

(5) Provide social services to any unmarried girl adjudicated	28575
to be an abused, neglected, or dependent child who is pregnant	28576
with or has been delivered of a child;	28577

(6) Make available to the bureau for children with medical	28578
handicaps of the department of health at its request any	28579
information concerning a crippled child found to be in need of	28580
treatment under sections 3701.021 to 3701.028 of the Revised Code	28581
who is receiving services from the public children services	28582
agency;	28583

(7) Provide temporary emergency care for any child considered	28584
by the public children services agency to be in need of such care,	28585
without agreement or commitment;	28586

(8) Find certified foster homes, within or outside the	28587
county, for the care of children, including handicapped children	28588
from other counties attending special schools in the county;	28589

(9) Subject to the approval of the board of county	28590
commissioners and the state department of job and family services,	28591
establish and operate a training school or enter into an agreement	28592
with any municipal corporation or other political subdivision of	28593
the county respecting the operation, acquisition, or maintenance	28594
of any children's home, training school, or other institution for	28595
the care of children maintained by such municipal corporation or	28596
political subdivision;	28597

(10) Acquire and operate a county children's home, establish,	28598
maintain, and operate a receiving home for the temporary care of	28599
children, or procure certified foster homes for this purpose;	28600

(11) Enter into an agreement with the trustees of any	28601
district children's home, respecting the operation of the district	28602
children's home in cooperation with the other county boards in the	28603
district;	28604

(12) Cooperate with, make its services available to, and act	28605
as the agent of persons, courts, the department of job and family	28606
services, the department of health, and other organizations within	28607
and outside the state, in matters relating to the welfare of	28608
children, except that the public children services agency shall	28609
not be required to provide supervision of or other services	28610
related to the exercise of parenting time rights granted pursuant	28611
to section 3109.051 or 3109.12 of the Revised Code or	28612
companionship or visitation rights granted pursuant to section	28613
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	28614
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	28615
a common pleas court, pursuant to division (E)(6) of section	28616
3113.31 of the Revised Code, requires the provision of supervision	28617
or other services related to the exercise of the parenting time	28618
rights or companionship or visitation rights;	28619

(13) Make investigations at the request of any superintendent	28620
of schools in the county or the principal of any school concerning	28621
the application of any child adjudicated to be an abused,	28622
neglected, or dependent child for release from school, where such	28623
service is not provided through a school attendance department;	28624

(14) Administer funds provided under Title IV-E of the	28625
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	28626
amended, in accordance with rules adopted under section 5101.141	28627
of the Revised Code;	28628

(15) In addition to administering Title IV-E adoption	28629
assistance funds, enter into agreements to make adoption	28630
assistance payments under section 5153.163 of the Revised Code;	28631

(16) Implement a system of safety and risk assessment, in	28632
accordance with rules adopted by the director of job and family	28633
services, to assist the public children services agency in	28634
determining the risk of abuse or neglect to a child;	28635

(17) Enter into a plan of cooperation with the board of	28636
county commissioners under section 307.983 of the Revised Code and	28637
comply with each fiscal agreement the board enters into under	28638
section 307.98 of the Revised Code that include family services	28639
duties of public children services agencies and contracts the	28640
board enters into under sections 307.981 and 307.982 of the	28641
Revised Code that affect the public children services agency;	28642

(18) Make reasonable efforts to prevent the removal of an	28643
alleged or adjudicated abused, neglected, or dependent child from	28644
the child's home, eliminate the continued removal of the child	28645
from the child's home, or make it possible for the child to return	28646
home safely, except that reasonable efforts of that nature are not	28647
required when a court has made a determination under division	28648
(A)(2) of section 2151.419 of the Revised Code;	28649

(19) Make reasonable efforts to place the child in a timely	28650
manner in accordance with the permanency plan approved under	28651
division (E) of section 2151.417 of the Revised Code and to	28652
complete whatever steps are necessary to finalize the permanent	28653
placement of the child;	28654

(20) Administer a Title IV-A program identified under	28655
division (A)(4)(c) or (f) of section 5101.80 of the Revised Code	28656
that the department of job and family services provides for the	28657
public children services agency to administer under the	28658
department's supervision pursuant to section 5101.801 of the	28659
Revised Code;	28660

(21) Administer the kinship permanency incentive program	28661
created under section 5101.802 of the Revised Code under the	28662
supervision of the director of job and family services;	28663

(22) Provide independent living services pursuant to sections	28664
2151.81 to 2151.84 of the Revised Code.	28665

(B) The public children services agency shall use the system	28666
implemented pursuant to division (A)(16) of this section in	28667
connection with an investigation undertaken pursuant to division	28668
(F)(1) of section 2151.421 of the Revised Code to assess both of	28669
the following:	28670

(1) The ongoing safety of the child;

28671

(2) The appropriateness of the intensity and duration of the	28672
services provided to meet child and family needs throughout the	28673
duration of a case.	28674

(C) Except as provided in section 2151.422 of the Revised	28675
Code, in accordance with rules of the director of job and family	28676
services, and on behalf of children in the county whom the public	28677
children services agency considers to be in need of public care or	28678
protective services, the public children services agency may do	28679
the following:	28680

(1) Provide or find, with other child serving systems,	28681
specialized foster care for the care of children in a specialized	28682
foster home, as defined in section 5103.02 of the Revised Code,	28683
certified under section 5103.03 of the Revised Code;	28684

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	28685
this section, contract with the following for the purpose of	28686
assisting the agency with its duties:	28687

(i) County departments of job and family services;

28688

(ii) Boards of alcohol, drug addiction, and mental health	28689
services;	28690

(iii) County boards of ~~mental retardation and~~ developmental	28691
disabilities;	28692

(iv) Regional councils of political subdivisions established	28693
under Chapter 167. of the Revised Code;	28694

(v) Private and government providers of services;

28695

(vi) Managed care organizations and prepaid health plans.

28696

(b) A public children services agency contract under division	28697
(C)(2)(a) of this section regarding the agency's duties under	28698
section 2151.421 of the Revised Code may not provide for the	28699
entity under contract with the agency to perform any service not	28700
authorized by the department's rules.	28701

(c) Only a county children services board appointed under	28702
section 5153.03 of the Revised Code that is a public children	28703
services agency may contract under division (C)(2)(a) of this	28704
section. If an entity specified in division (B) or (C) of section	28705
5153.02 of the Revised Code is the public children services agency	28706
for a county, the board of county commissioners may enter into	28707
contracts pursuant to section 307.982 of the Revised Code	28708
regarding the agency's duties.	28709

Sec. 5153.99. Whoever violates division (F) of section	28710
5153.176 of the Revised Code shall be punished as follows:	28711

(A) Except as otherwise provided in division (B) of this	28712
section, the person is guilty of a misdemeanor of the fourth	28713
degree.	28714

(B) The person is guilty of a misdemeanor of the first degree	28715
if, during the period between the violation and the conviction of	28716
or plea of guilty by the person for that violation, the license	28717
holder who is the subject of the investigation about which the	28718
person fails to provide information inflicts on any child	28719
attending a school district, educational service center, public or	28720
nonpublic school, or county board of ~~mental retardation and~~	28721
developmental disabilities where the license holder works any	28722
physical or mental wound, injury, disability, or condition of a	28723
nature that constitutes abuse or neglect of the child.	28724

Sec. 5511.03. The director of transportation shall examine	28725
the existing highway facilities serving the several hospitals,	28726
educational institutions, and correctional and other similar	28727
institutions belonging to the state, and located outside municipal	28728
corporations. Where hethe director finds that any such state	28729
institution is not located on a state highway or connected with a	28730
highway by a suitable road, affording in its present condition	28731
adequate transportation facilities to those having occasion to	28732
visit such institution, hethe director may establish a state	28733
highway leading to such institution from a convenient point on an	28734
existing highway. Where hethe director finds that any such	28735
institution is not served by adequate highway facilities	28736
connecting it with the railroad delivery point from which it	28737
principally obtains fuel, provisions, and supplies, hethe	28738
director may establish a highway connecting such institution and	28739
railroad delivery point. Limitations imposed on the mileage of	28740
state highways shall not apply to highways established under this	28741
section.	28742

The director may construct at state expense all highways	28743
established under authority of this section and pay the entire	28744
cost thereof from the state highway operating fund. Such highways	28745
shall be maintained by the department of transportation and the	28746
cost shall be paid from the highway operating fund of the	28747
department.	28748

The directors of transportation, mental health, ~~mental~~	28749
~~retardation and~~ developmental disabilities, and rehabilitation and	28750
correction may cooperate in the establishment, construction,	28751
reconstruction, maintenance, and repair of roads within the limits	28752
of state institutions. The cost shall be paid from funds	28753
appropriated for highway purposes and from the funds appropriated	28754
to the department of mental health, department of ~~mental~~	28755
~~retardation and~~ developmental disabilities, or the department of	28756
rehabilitation and correction for capital improvements or	28757
maintenance in such proportion as may be agreed upon by the	28758
directors of transportation, mental health, ~~mental retardation and~~	28759
developmental disabilities, and rehabilitation and correction.	28760

Sec. 5543.011. A county engineer may sell directly to a	28761
county board of ~~mental retardation and~~ developmental disabilities	28762
gasoline and diesel fuel that has been purchased for the use of	28763
the county engineer's office.	28764

Sec. 5705.091. The board of county commissioners of each	28765
county shall establish a county ~~mental retardation and~~	28766
developmental disabilities general fund. Notwithstanding section	28767
5705.10 of the Revised Code, proceeds from levies under section	28768
5705.222 and division (L) of section 5705.19 of the Revised Code	28769
shall be deposited to the credit of the county ~~mental retardation~~	28770
~~and~~ developmental disabilities general fund. Accounts shall be	28771
established within the county ~~mental retardation and~~ developmental	28772
disabilities general fund for each of the several particular	28773
purposes of the levies as specified in the resolutions under which	28774
the levies were approved, and proceeds from different levies that	28775
were approved for the same particular purpose shall be credited to	28776
accounts for that purpose. Other money received by the county for	28777
the purposes of Chapters 3323. and 5126. of the Revised Code and	28778
not required by state or federal law to be deposited to the credit	28779
of a different fund shall also be deposited to the credit of the	28780
county ~~mental retardation and~~ developmental disabilities general	28781
fund, in an account appropriate to the particular purpose for	28782
which the money was received. Unless otherwise provided by law, an	28783
unexpended balance at the end of a fiscal year in any account in	28784
the county ~~mental retardation and~~ developmental disabilities	28785
general fund shall be appropriated the next fiscal year to the	28786
same fund.	28787

A county board of ~~mental retardation and~~ developmental	28788
disabilities may request, by resolution, that the board of county	28789
commissioners establish a county ~~mental retardation and~~	28790
developmental disabilities capital fund for money to be used for	28791
acquisition, construction, or improvement of capital facilities or	28792
acquisition of capital equipment used in providing services to	28793
mentally retarded and developmentally disabled persons. The county	28794
board of ~~mental retardation and~~ developmental disabilities shall	28795
transmit a certified copy of the resolution to the board of county	28796
commissioners. Upon receiving the resolution, the board of county	28797
commissioners shall establish a county ~~mental retardation and~~	28798
developmental disabilities capital fund.	28799

Sec. 5705.14. No transfer shall be made from one fund of a	28800
subdivision to any other fund, by order of the court or otherwise,	28801
except as follows:	28802

(A) The unexpended balance in a bond fund that is no longer	28803
needed for the purpose for which such fund was created shall be	28804
transferred to the sinking fund or bond retirement fund from which	28805
such bonds are payable.	28806

(B) The unexpended balance in any specific permanent	28807
improvement fund, other than a bond fund, after the payment of all	28808
obligations incurred in the acquisition of such improvement, shall	28809
be transferred to the sinking fund or bond retirement fund of the	28810
subdivision; provided that if such money is not required to meet	28811
the obligations payable from such funds, it may be transferred to	28812
a special fund for the acquisition of permanent improvements, or,	28813
with the approval of the court of common pleas of the county in	28814
which such subdivision is located, to the general fund of the	28815
subdivision.	28816

(C) The unexpended balance in the sinking fund or bond	28817
retirement fund of a subdivision, after all indebtedness,	28818
interest, and other obligations for the payment of which such fund	28819
exists have been paid and retired, shall be transferred, in the	28820
case of the sinking fund, to the bond retirement fund, and in the	28821
case of the bond retirement fund, to the sinking fund; provided	28822
that if such transfer is impossible by reason of the nonexistence	28823
of the fund to receive the transfer, such unexpended balance, with	28824
the approval of the court of common pleas of the county in which	28825
such division is located, may be transferred to any other fund of	28826
the subdivision.	28827

(D) The unexpended balance in any special fund, other than an	28828
improvement fund, existing in accordance with division (D), (F),	28829
or (G) of section 5705.09 or section 5705.12 of the Revised Code,	28830
may be transferred to the general fund or to the sinking fund or	28831
bond retirement fund after the termination of the activity,	28832
service, or other undertaking for which such special fund existed,	28833
but only after the payment of all obligations incurred and payable	28834
from such special fund.	28835

(E) Money may be transferred from the general fund to any	28836
other fund of the subdivision.	28837

(F) Moneys retained or received by a county under section	28838
4501.04 or division (A)(3) of section 5735.27 of the Revised Code	28839
may be transferred from the fund into which they were deposited to	28840
the sinking fund or bond retirement fund from which any principal,	28841
interest, or charges for which such moneys may be used is payable.	28842

(G) Moneys retained or received by a municipal corporation	28843
under section 4501.04 or division (A)(1) or (2) of section 5735.27	28844
of the Revised Code may be transferred from the fund into which	28845
they were deposited to the sinking fund or bond retirement fund	28846
from which any principal, interest, or charges for which such	28847
moneys may be used is payable.	28848

(H)(1) Money may be transferred from the county ~~mental~~	28849
~~retardation and~~ developmental disabilities general fund to the	28850
county ~~mental retardation and~~ developmental disabilities capital	28851
fund established under section 5705.091 of the Revised Code or to	28852
any other fund created for the purposes of the county board of	28853
~~mental retardation and~~ developmental disabilities, so long as	28854
money in the fund to which the money is transferred can be spent	28855
for the particular purpose of the transferred money. The county	28856
board of ~~mental retardation and~~ developmental disabilities may	28857
request, by resolution, that the board of county commissioners	28858
make the transfer. The county board of ~~mental retardation and~~	28859
developmental disabilities shall transmit a certified copy of the	28860
resolution to the board of county commissioners. Upon receiving	28861
the resolution, the board of county commissioners may make the	28862
transfer. Money transferred to a fund shall be credited to an	28863
account appropriate to its particular purpose.	28864

(2) An unexpended balance in an account in the county ~~mental~~	28865
~~retardation and~~ developmental disabilities capital fund or any	28866
other fund created for the purposes of the county board of ~~mental~~	28867
~~retardation and~~ developmental disabilities may be transferred back	28868
to the county ~~mental retardation and~~ developmental disabilities	28869
general fund. The transfer may be made if the unexpended balance	28870
is no longer needed for its particular purpose and all outstanding	28871
obligations have been paid. Money transferred back to the county	28872
~~mental retardation and~~ developmental disabilities general fund	28873
shall be credited to an account for current expenses within that	28874
fund. The county board of ~~mental retardation and~~ developmental	28875
disabilities may request, by resolution, that the board of county	28876
commissioners make the transfer. The county board of ~~mental~~	28877
~~retardation and~~ developmental disabilities shall transmit a	28878
certified copy of the resolution to the board of county	28879
commissioners. Upon receiving the resolution, the board of county	28880
commissioners may make the transfer.	28881

Except in the case of transfer pursuant to division (E) of	28882
this section, transfers authorized by this section shall only be	28883
made by resolution of the taxing authority passed with the	28884
affirmative vote of two-thirds of the members.	28885

Sec. 5705.191. The taxing authority of any subdivision,	28886
other than the board of education of a school district or the	28887
taxing authority of a county school financing district, by a vote	28888
of two-thirds of all its members, may declare by resolution that	28889
the amount of taxes that may be raised within the ten-mill	28890
limitation by levies on the current tax duplicate will be	28891
insufficient to provide an adequate amount for the necessary	28892
requirements of the subdivision, and that it is necessary to levy	28893
a tax in excess of such limitation for any of the purposes in	28894
section 5705.19 of the Revised Code, or to supplement the general	28895
fund for the purpose of making appropriations for one or more of	28896
the following purposes: public assistance, human or social	28897
services, relief, welfare, hospitalization, health, and support of	28898
general hospitals, and that the question of such additional tax	28899
levy shall be submitted to the electors of the subdivision at a	28900
general, primary, or special election to be held at a time therein	28901
specified. Such resolution shall not include a levy on the current	28902
tax list and duplicate unless such election is to be held at or	28903
prior to the general election day of the current tax year. Such	28904
resolution shall conform to the requirements of section 5705.19 of	28905
the Revised Code, except that a levy to supplement the general	28906
fund for the purposes of public assistance, human or social	28907
services, relief, welfare, hospitalization, health, or the support	28908
of general or tuberculosis hospitals may not be for a longer	28909
period than ten years. All other levies under this section may not	28910
be for a longer period than five years unless a longer period is	28911
permitted by section 5705.19 of the Revised Code, and the	28912
resolution shall specify the date of holding such election, which	28913
shall not be earlier than seventy-five days after the adoption and	28914
certification of such resolution. The resolution shall go into	28915
immediate effect upon its passage and no publication of the same	28916
is necessary other than that provided for in the notice of	28917
election. A copy of such resolution, immediately after its	28918
passage, shall be certified to the board of elections of the	28919
proper county or counties in the manner provided by section	28920
5705.25 of the Revised Code, and such section shall govern the	28921
arrangements for the submission of such question and other matters	28922
with respect to such election, to which section 5705.25 of the	28923
Revised Code refers, excepting that such election shall be held on	28924
the date specified in the resolution, which shall be consistent	28925
with the requirements of section 3501.01 of the Revised Code,	28926
provided that only one special election for the submission of such	28927
question may be held in any one calendar year and provided that a	28928
special election may be held upon the same day a primary election	28929
is held. Publication of notice of that election shall be made in	28930
one or more newspapers of general circulation in the county once a	28931
week for two consecutive weeks prior to the election, and, if the	28932
board of elections operates and maintains a web site, the board of	28933
elections shall post notice of the election on its web site for	28934
thirty days prior to the election.	28935

If a majority of the electors voting on the question vote in	28936
favor thereof, the taxing authority of the subdivision may make	28937
the necessary levy within such subdivision at the additional rate	28938
or at any lesser rate outside the ten-mill limitation on the tax	28939
list and duplicate for the purpose stated in the resolution. Such	28940
tax levy shall be included in the next annual tax budget that is	28941
certified to the county budget commission.	28942

After the approval of such a levy by the electors, the taxing	28943
authority of the subdivision may anticipate a fraction of the	28944
proceeds of such levy and issue anticipation notes. In the case of	28945
a continuing levy that is not levied for the purpose of current	28946
expenses, notes may be issued at any time after approval of the	28947
levy in an amount not more than fifty per cent of the total	28948
estimated proceeds of the levy for the succeeding ten years, less	28949
an amount equal to the fraction of the proceeds of the levy	28950
previously anticipated by the issuance of anticipation notes. In	28951
the case of a levy for a fixed period that is not for the purpose	28952
of current expenses, notes may be issued at any time after	28953
approval of the levy in an amount not more than fifty per cent of	28954
the total estimated proceeds of the levy throughout the remaining	28955
life of the levy, less an amount equal to the fraction of the	28956
proceeds of the levy previously anticipated by the issuance of	28957
anticipation notes. In the case of a levy for current expenses,	28958
notes may be issued after the approval of the levy by the electors	28959
and prior to the time when the first tax collection from the levy	28960
can be made. Such notes may be issued in an amount not more than	28961
fifty per cent of the total estimated proceeds of the levy	28962
throughout the term of the levy in the case of a levy for a fixed	28963
period, or fifty per cent of the total estimated proceeds for the	28964
first ten years of the levy in the case of a continuing levy.	28965

No anticipation notes that increase the net indebtedness of a	28966
county may be issued without the prior consent of the board of	28967
county commissioners of that county. The notes shall be issued as	28968
provided in section 133.24 of the Revised Code, shall have	28969
principal payments during each year after the year of their	28970
issuance over a period not exceeding the life of the levy	28971
anticipated, and may have a principal payment in the year of their	28972
issuance.	28973

"Taxing authority" and "subdivision" have the same meanings	28974
as in section 5705.01 of the Revised Code.	28975

"Human or social services" includes a county's contributions	28976
to a multicounty board of ~~mental retardation and~~ developmental	28977
disabilities of which the county is a member.	28978

This section is supplemental to and not in derogation of	28979
sections 5705.20, 5705.21, and 5705.22 of the Revised Code.	28980

Sec. 5705.222. (A) At any time the board of county	28981
commissioners of any county by a majority vote of the full	28982
membership may declare by resolution and certify to the board of	28983
elections of the county that the amount of taxes which may be	28984
raised within the ten-mill limitation by levies on the current tax	28985
duplicate will be insufficient to provide the necessary	28986
requirements of the single county board of ~~mental retardation and~~	28987
developmental disabilities established pursuant to Chapter 5126.	28988
of the Revised Code, or the county's contribution to a multicounty	28989
board created under that chapter of which the county is a member,	28990
and that it is necessary to levy a tax in excess of such	28991
limitation for the operation of programs and services by county	28992
boards of ~~mental retardation and~~ developmental disabilities and	28993
for the acquisition, construction, renovation, financing,	28994
maintenance, and operation of mental retardation and developmental	28995
disabilities facilities.	28996

Such resolution shall conform to section 5705.19 of the	28997
Revised Code, except that the increased rate may be in effect for	28998
any number of years not exceeding ten or for a continuing period	28999
of time.	29000

The resolution shall be certified and submitted in the manner	29001
provided in section 5705.25 of the Revised Code, except that it	29002
may be placed on the ballot in any election, and shall be	29003
certified to the board of elections not less than seventy-five	29004
days before the election at which it will be voted upon.	29005

If the majority of the electors voting on a levy for the	29006
support of the programs and services of the county board of ~~mental~~	29007
~~retardation and~~ developmental disabilities vote in favor of the	29008
levy, the board of county commissioners may levy a tax within the	29009
county at the additional rate outside the ten-mill limitation	29010
during the specified or continuing period, for the purpose stated	29011
in the resolution. The county board of ~~mental retardation and~~	29012
developmental disabilities, within its budget and with the	29013
approval of the board of county commissioners through annual	29014
appropriations, shall use the proceeds of a levy approved under	29015
this section solely for the purposes authorized by this section.	29016

(B) When electors have approved a tax levy under this	29017
section, the county commissioners may anticipate a fraction of the	29018
proceeds of the levy and issue anticipation notes in accordance	29019
with section 5705.191 or 5705.193 of the Revised Code.	29020

(C) The county auditor, upon receipt of a resolution from the	29021
county board of ~~mental retardation and~~ developmental disabilities,	29022
shall establish a capital improvements account or a reserve	29023
balance account, or both, as specified in the resolution. The	29024
capital improvements account shall be a contingency account for	29025
the necessary acquisition, replacement, renovation, or	29026
construction of facilities and movable and fixed equipment. Upon	29027
the request of the county board of ~~mental retardation and~~	29028
developmental disabilities, moneys not needed to pay for current	29029
expenses may be appropriated to this account, in amounts such that	29030
this account does not exceed twenty-five per cent of the	29031
replacement value of all capital facilities and equipment	29032
currently used by the county board of ~~mental retardation and~~	29033
developmental disabilities for mental retardation and	29034
developmental disabilities programs and services. Other moneys	29035
available for current capital expenses from federal, state, or	29036
local sources may also be appropriated to this account.	29037

The reserve balance account shall contain those moneys that	29038
are not needed to pay for current operating expenses and not	29039
deposited in the capital improvements account but that will be	29040
needed to pay for operating expenses in the future. Upon the	29041
request of a county board of ~~mental retardation and~~ developmental	29042
disabilities, the board of county commissioners may appropriate	29043
moneys to the reserve balance account.	29044

Sec. 5705.28. (A) Except as provided in division (B)(1) or	29045
(2) of this section or in section 5705.281 of the Revised Code,	29046
the taxing authority of each subdivision or other taxing unit	29047
shall adopt a tax budget for the next succeeding fiscal year:	29048

(1) On or before the fifteenth day of January in the case of	29049
a school district;	29050

(2) On or before the fifteenth day of July in the case of all	29051
other subdivisions and taxing units.	29052

(B)(1) Before the first day of June in each year, the board	29053
of trustees of a school library district entitled to participate	29054
in any appropriation or revenue of a school district or to have a	29055
tax proposed by the board of education of a school district shall	29056
file with the board of education of the school district a tax	29057
budget for the ensuing fiscal year. On or before the fifteenth day	29058
of July in each year, the board of education of a school district	29059
to which a school library district tax budget was submitted under	29060
this division shall adopt such tax budget on behalf of the library	29061
district, but such budget shall not be part of the school	29062
district's tax budget.	29063

(2)(a) The taxing authority of a taxing unit that does not	29064
levy a tax is not required to adopt a tax budget pursuant to	29065
division (A) of this section. Instead, on or before the fifteenth	29066
day of July each year, such taxing authority shall adopt an	29067
operating budget for the taxing unit for the ensuing fiscal year.	29068
The operating budget shall include an estimate of receipts from	29069
all sources, a statement of all taxing unit expenses that are	29070
anticipated to occur, and the amount required for debt charges	29071
during the fiscal year. The operating budget is not required to be	29072
filed with the county auditor or the county budget commission.	29073

(b) Except for this section and sections 5705.36, 5705.38,	29074
5705.40, 5705.41, 5705.43, 5705.44, and 5705.45 of the Revised	29075
Code, a taxing unit that does not levy a tax is not a taxing unit	29076
for purposes of Chapter 5705. of the Revised Code. Documents	29077
prepared in accordance with such sections are not required to be	29078
filed with the county auditor or county budget commission.	29079

(c) The total appropriations from each fund of a taxing unit	29080
that does not levy a tax shall not exceed the total estimated	29081
revenue available for expenditures from the fund, and	29082
appropriations shall be made from each fund only for the purposes	29083
for which the fund is established.	29084

(C)(1) To assist in the preparation of the tax budget, the	29085
head of each department, board, commission, and district authority	29086
entitled to participate in any appropriation or revenue of a	29087
subdivision shall file with the taxing authority, or in the case	29088
of a municipal corporation, with its chief executive officer,	29089
before the forty-fifth day prior to the date on which the budget	29090
must be adopted, an estimate of contemplated revenue and	29091
expenditures for the ensuing fiscal year, in such form as is	29092
prescribed by the taxing authority of the subdivision or by the	29093
auditor of state. The taxing authority shall include in its budget	29094
of expenditures the full amounts requested by district	29095
authorities, not to exceed the amount authorized by law, if such	29096
authorities may fix the amount of revenue they are to receive from	29097
the subdivision. In a municipal corporation in which a special	29098
levy for a municipal university has been authorized to be levied	29099
in excess of the ten-mill limitation, or is required by the	29100
charter of the municipal corporation, the taxing authority shall	29101
include an amount not less than the estimated yield of such levy,	29102
if such amount is requested by the board of directors of the	29103
municipal university.	29104

(2) A county board of ~~mental retardation and~~ developmental	29105
disabilities may include within its estimate of contemplated	29106
revenue and expenditures a reserve balance account in the	29107
community ~~mental retardation and~~ developmental disabilities	29108
residential services fund. The account shall contain money that is	29109
not needed to pay for current expenses for residential services	29110
and supported living but will be needed to pay for expenses for	29111
such services in the future or may be needed for unanticipated	29112
emergency expenses. On the request of the county board of ~~mental~~	29113
~~retardation and~~ developmental disabilities, the board of county	29114
commissioners shall include such an account in its budget of	29115
expenditures and appropriate money to the account from residential	29116
service moneys for the county board.	29117

(D) The board of trustees of any public library desiring to	29118
participate in the distribution of the county public library fund	29119
shall adopt appropriate rules extending the benefits of the	29120
library service of such library to all the inhabitants of the	29121
county on equal terms, unless such library service is by law	29122
available to all such inhabitants, and shall certify a copy of	29123
such rules to the taxing authority with its estimate of	29124
contemplated revenue and expenditures. Where such rules have been	29125
so certified or where the adoption of such rules is not required,	29126
the taxing authority shall include in its budget of receipts such	29127
amounts as are specified by such board as contemplated revenue	29128
from the county public library fund, and in its budget of	29129
expenditures the full amounts requested therefrom by such board.	29130
No library association, incorporated or unincorporated, is	29131
entitled to participate in the proceeds of the county public	29132
library fund unless such association both was organized and	29133
operating prior to January 1, 1968, and participated in the	29134
distribution of the proceeds of the county public library fund	29135
prior to December 31, 2005.	29136

Sec. 5705.44. When contracts or leases run beyond the	29137
termination of the fiscal year in which they are made, the fiscal	29138
officer of the taxing authority shall make a certification for the	29139
amount required to meet the obligation of such contract or lease	29140
maturing in such fiscal year. The amount of the obligation under	29141
such contract or lease remaining unfulfilled at the end of a	29142
fiscal year, and which will become payable during the next fiscal	29143
year, shall be included in the annual appropriation measure for	29144
the next year as a fixed charge.	29145

The certificate required by section 5705.41 of the Revised	29146
Code as to money in the treasury shall not be required for	29147
contracts on which payments are to be made from the earnings of a	29148
publicly operated water works or public utility, but in the case	29149
of any such contract made without such certification, no payment	29150
shall be made on account thereof, and no claim or demand thereon	29151
shall be recoverable, except out of such earnings. That	29152
certificate also shall not be required if requiring the	29153
certificate makes it impossible for a county board of ~~mental~~	29154
~~retardation and~~ developmental disabilities to pay the nonfederal	29155
share of medicaid expenditures that the county board is required	29156
by sections 5126.059 and 5126.0510 of the Revised Code to pay.	29157

Sec. 5735.142. (A)(1) Any person who uses any motor fuel, on	29158
which the tax imposed by sections 5735.05, 5735.25, and 5735.29 of	29159
the Revised Code has been paid, for the purpose of operating a	29160
transit bus shall be reimbursed in the amount of the tax paid on	29161
motor fuel used by public transportation systems providing transit	29162
or paratransit service on a regular and continuing basis within	29163
the state;	29164

(2) A city, exempted village, joint vocational, or local	29165
school district or educational service center that purchases any	29166
motor fuel for school district or service center operations, on	29167
which any tax imposed by section 5735.29 of the Revised Code that	29168
became effective on or after July 1, 2003, has been paid, may, if	29169
an application is filed under this section, be reimbursed in the	29170
amount of all but two cents per gallon of the total tax imposed by	29171
such section and paid on motor fuel.	29172

(3) A county board of ~~mental retardation and~~ developmental	29173
disabilities that, on or after July 1, 2005, purchases any motor	29174
fuel for county board operations, on which any tax imposed by	29175
section 5735.29 of the Revised Code has been paid may, if an	29176
application is filed under this section, be reimbursed in the	29177
amount of all but two cents per gallon of the total tax imposed by	29178
such section and paid on motor fuel purchased on or after July 1,	29179
2005.	29180

(B) Such person, school district, educational service center,	29181
or county board shall file with the tax commissioner an	29182
application for refund within one year from the date of purchase,	29183
stating the quantity of fuel used for operating transit buses used	29184
by local transit systems in furnishing scheduled common carrier,	29185
public passenger land transportation service along regular routes	29186
primarily in one or more municipal corporations or for operating	29187
vehicles used for school district, service center, or county board	29188
operations. However, no claim shall be made for the tax on fewer	29189
than one hundred gallons of motor fuel. A school district,	29190
educational service center, or county board shall not apply for a	29191
refund for any tax paid on motor fuel that is sold by the	29192
district, service center, or county board. The application shall	29193
be accompanied by the statement described in section 5735.15 of	29194
the Revised Code showing the purchase, together with evidence of	29195
payment thereof.	29196

(C) After consideration of the application and statement, the	29197
commissioner shall determine the amount of refund to which the	29198
applicant is entitled. If the amount is not less than that	29199
claimed, the commissioner shall certify the amount to the director	29200
of budget and management and treasurer of state for payment from	29201
the tax refund fund created by section 5703.052 of the Revised	29202
Code. If the amount is less than that claimed, the commissioner	29203
shall proceed in accordance with section 5703.70 of the Revised	29204
Code.	29205

The commissioner may require that the application be	29206
supported by the affidavit of the claimant. No refund shall be	29207
authorized or ordered for any single claim for the tax on fewer	29208
than one hundred gallons of motor fuel. No refund shall be	29209
authorized or ordered on motor fuel that is sold by a school	29210
district, educational service center, or county board.	29211

(D) The refund authorized by this section or section 5703.70	29212
of the Revised Code shall be reduced by the cents per gallon	29213
amount of any qualified fuel credit received under section	29214
5735.145 of the Revised Code, as determined by the commissioner,	29215
for each gallon of qualified fuel included in the total gallonage	29216
of motor fuel upon which the refund is computed.	29217

(E) The right to receive any refund under this section or	29218
section 5703.70 of the Revised Code is not assignable. The payment	29219
of this refund shall not be made to any person or entity other	29220
than the person or entity originally entitled thereto who used the	29221
motor fuel upon which the claim for refund is based, except that	29222
the refund when allowed and certified, as provided in this	29223
section, may be paid to the executor, the administrator, the	29224
receiver, the trustee in bankruptcy, or the assignee in insolvency	29225
proceedings of the person.	29226

Sec. 5815.28. (A) As used in this section:

29227

(1) "Ascertainable standard" includes a standard in a trust	29228
instrument requiring the trustee to provide for the care, comfort,	29229
maintenance, welfare, education, or general well-being of the	29230
beneficiary.	29231

(2) "Disability" means any substantial, medically	29232
determinable impairment that can be expected to result in death or	29233
that has lasted or can be expected to last for a continuous period	29234
of at least twelve months, except that "disability" does not	29235
include an impairment that is the result of abuse of alcohol or	29236
drugs.	29237

(3) "Political subdivision" and "state" have the same	29238
meanings as in section 2744.01 of the Revised Code.	29239

(4) "Supplemental services" means services specified by rule	29240
of the department of mental health under section 5119.01 of the	29241
Revised Code or the department of ~~mental retardation and~~	29242
developmental disabilities under section 5123.04 of the Revised	29243
Code that are provided to an individual with a disability in	29244
addition to services the individual is eligible to receive under	29245
programs authorized by federal or state law.	29246

(B) Any person may create a trust under this section to	29247
provide funding for supplemental services for the benefit of	29248
another individual who meets either of the following conditions:	29249

(1) The individual has a physical or mental disability and is	29250
eligible to receive services through the department of ~~mental~~	29251
~~retardation and~~ developmental disabilities or a county board of	29252
~~mental retardation and~~ developmental disabilities;	29253

(2) The individual has a mental disability and is eligible to	29254
receive services through the department of mental health or a	29255
board of alcohol, drug addiction, and mental health services.	29256

The trust may confer discretion upon the trustee and may	29257
contain specific instructions or conditions governing the exercise	29258
of the discretion.	29259

(C) The general division of the court of common pleas and the	29260
probate court of the county in which the beneficiary of a trust	29261
authorized by division (B) of this section resides or is confined	29262
have concurrent original jurisdiction to hear and determine	29263
actions pertaining to the trust. In any action pertaining to the	29264
trust in a court of common pleas or probate court and in any	29265
appeal of the action, all of the following apply to the trial or	29266
appellate court:	29267

(1) The court shall render determinations consistent with the	29268
testator's or other settlor's intent in creating the trust, as	29269
evidenced by the terms of the trust instrument.	29270

(2) The court may order the trustee to exercise discretion	29271
that the trust instrument confers upon the trustee only if the	29272
instrument contains specific instructions or conditions governing	29273
the exercise of that discretion and the trustee has failed to	29274
comply with the instructions or conditions. In issuing an order	29275
pursuant to this division, the court shall require the trustee to	29276
exercise the trustee's discretion only in accordance with the	29277
instructions or conditions.	29278

(3) The court may order the trustee to maintain the trust and	29279
distribute assets in accordance with rules adopted by the director	29280
of mental health under section 5119.01 of the Revised Code or the	29281
director of ~~mental retardation and~~ developmental disabilities	29282
under section 5123.04 of the Revised Code if the trustee has	29283
failed to comply with such rules.	29284

(D) To the extent permitted by federal law and subject to the	29285
provisions of division (C)(2) of this section pertaining to the	29286
enforcement of specific instructions or conditions governing a	29287
trustee's discretion, a trust authorized by division (B) of this	29288
section that confers discretion upon the trustee shall not be	29289
considered an asset or resource of the beneficiary, the	29290
beneficiary's estate, the settlor, or the settlor's estate and	29291
shall be exempt from the claims of creditors, political	29292
subdivisions, the state, other governmental entities, and other	29293
claimants against the beneficiary, the beneficiary's estate, the	29294
settlor, or the settlor's estate, including claims based on	29295
provisions of Chapters 5111., 5121., or 5123. of the Revised Code	29296
and claims sought to be satisfied by way of a civil action,	29297
subrogation, execution, garnishment, attachment, judicial sale, or	29298
other legal process, if all of the following apply:	29299

(1) At the time the trust is created, the trust principal	29300
does not exceed the maximum amount determined under division (E)	29301
of this section;	29302

(2) The trust instrument contains a statement of the	29303
settlor's intent, or otherwise clearly evidences the settlor's	29304
intent, that the beneficiary does not have authority to compel the	29305
trustee under any circumstances to furnish the beneficiary with	29306
minimal or other maintenance or support, to make payments from the	29307
principal of the trust or from the income derived from the	29308
principal, or to convert any portion of the principal into cash,	29309
whether pursuant to an ascertainable standard specified in the	29310
instrument or otherwise;	29311

(3) The trust instrument provides that trust assets can be	29312
used only to provide supplemental services, as defined by rule of	29313
the director of mental health under section 5119.01 of the Revised	29314
Code or the director of ~~mental retardation and~~ developmental	29315
disabilities under section 5123.04 of the Revised Code, to the	29316
beneficiary;	29317

(4) The trust is maintained and assets are distributed in	29318
accordance with rules adopted by the director of mental health	29319
under section 5119.01 of the Revised Code or the director of	29320
~~mental retardation and~~ developmental disabilities under section	29321
5123.04 of the Revised Code;	29322

(5) The trust instrument provides that on the death of the	29323
beneficiary, a portion of the remaining assets of the trust, which	29324
shall be not less than fifty per cent of such assets, will be	29325
deposited to the credit of the services fund for individuals with	29326
mental illness created by section 5119.17 of the Revised Code or	29327
the services fund for individuals with mental retardation and	29328
developmental disabilities created by section 5123.40 of the	29329
Revised Code.	29330

(E) In 1994, the trust principal maximum amount for a trust	29331
created under this section shall be two hundred thousand dollars.	29332
The maximum amount for a trust created under this section prior to	29333
November 11, 1994, may be increased to two hundred thousand	29334
dollars.	29335

In 1995, the maximum amount for a trust created under this	29336
section shall be two hundred two thousand dollars. Each year	29337
thereafter, the maximum amount shall be the prior year's amount	29338
plus two thousand dollars.	29339

(F) This section does not limit or otherwise affect the	29340
creation, validity, interpretation, or effect of any trust that is	29341
not created under this section.	29342

(G) Once a trustee takes action on a trust created by a	29343
settlor under this section and disburses trust funds on behalf of	29344
the beneficiary of the trust, then the trust may not be terminated	29345
or otherwise revoked by a particular event or otherwise without	29346
payment into the services fund created pursuant to section 5119.17	29347
or 5123.40 of the Revised Code of an amount that is equal to the	29348
disbursements made on behalf of the beneficiary for medical care	29349
by the state from the date the trust vests but that is not more	29350
than fifty per cent of the trust corpus.	29351

Sec. 5815.35. (A)(1) As used in this division, "fiduciary"	29352
means any person, association, or corporation, other than a	29353
trustee of a testamentary trust, an assignee or trustee for an	29354
insolvent debtor, or a guardian under Chapter 5905. of the Revised	29355
Code, that is appointed by and accountable to the probate court,	29356
and that is acting in a fiduciary capacity for another or charged	29357
with duties in relation to any property, interest, or estate for	29358
another's benefit. A fiduciary also includes an agency under	29359
contract with the department of ~~mental retardation and~~	29360
developmental disabilities for the provision of protective service	29361
under sections 5123.55 to 5123.59 of the Revised Code, when	29362
appointed by and accountable to the probate court as a guardian or	29363
trustee for a mentally retarded or developmentally disabled	29364
person.	29365

(2) A fiduciary who enters a contract as fiduciary on or	29366
after March 22, 1984, is not personally liable on that contract,	29367
unless the contract otherwise specifies, if the contract is within	29368
the fiduciary's authority and the fiduciary discloses that the	29369
contract is being entered into in a fiduciary capacity. In a	29370
contract, the words "fiduciary" or "as fiduciary" or other words	29371
that indicate one's fiduciary capacity following the name or	29372
signature of a fiduciary are sufficient disclosure for purposes	29373
of this division.	29374

(B)(1) As used in this division, "partnership" includes a	29375
partnership composed of only general partners and a partnership	29376
composed of general and limited partners.	29377

(2) Subject to division (D) of this section, an executor or	29378
administrator who acquires, in a fiduciary capacity, a general	29379
partnership interest upon the death of a general partner of a	29380
partnership is not personally liable for any debt, obligation, or	29381
liability of the partnership that arises from the executor's or	29382
administrator's actions, except as provided in this division, as a	29383
general partner, or for any debt, obligation, or liability of the	29384
partnership for which the executor or administrator otherwise	29385
would be personally liable because the executor or administrator	29386
holds the general partnership interest, if the executor or	29387
administrator discloses that the general partnership interest is	29388
held by the executor or administrator in a fiduciary capacity.	29389
This immunity does not apply if an executor or administrator	29390
causes loss or injury to a person who is not a partner in the	29391
partnership by a wrongful act or omission. This immunity is not	29392
available to an executor or administrator who holds a general	29393
partnership interest in a fiduciary capacity if the spouse or any	29394
lineal descendants of the executor or administrator, or the	29395
executor or administrator other than in a fiduciary capacity,	29396
holds any interest in the partnership.	29397

A partnership certificate that is filed pursuant to Chapter	29398
1777. or another chapter of the Revised Code and that indicates	29399
that an executor or administrator holds a general partnership	29400
interest in a fiduciary capacity by the use following the name or	29401
signature of the executor or administrator of the words "executor	29402
under the will of (name of decedent)" or "administrator of the	29403
estate of (name of decedent)" or other words that indicate the	29404
executor's or administrator's fiduciary capacity constitutes a	29405
sufficient disclosure for purposes of this division.	29406

If a partnership certificate is not required to be filed	29407
pursuant to Chapter 1776. or 1777. or another chapter of the	29408
Revised Code, a sufficient disclosure for purposes of this	29409
division can be made by an executor or administrator if a	29410
certificate that satisfies the following requirements is filed	29411
with the recorder of the county in which the partnership's	29412
principal office or place of business is situated and with the	29413
recorder of each county in which the partnership owns real	29414
estate:	29415

(a) The certificate shall state in full the names of all	29416
persons holding interests in the partnership and their places of	29417
residence;	29418

(b) The certificate shall be signed by all persons who are	29419
general partners in the partnership, and shall be acknowledged by	29420
a person authorized to take acknowledgements of deeds;	29421

(c) The certificate shall use the words "executor under the	29422
will of (name of decedent)" or "administrator of the estate of	29423
(name of decedent)" or other words that indicate the executor's or	29424
administrator's fiduciary capacity, following the name or	29425
signature of the executor or administrator.	29426

A contract or other written instrument delivered to a party	29427
that contracts with the partnership in which an executor or	29428
administrator holds a general partnership interest in a fiduciary	29429
capacity, that indicates that the executor or administrator so	29430
holds the interest, constitutes a disclosure for purposes of this	29431
division with respect to transactions between the party and the	29432
partnership. If a disclosure has been made by a certificate in	29433
accordance with this division, a disclosure for purposes of this	29434
division with respect to such transactions exists regardless of	29435
whether a contract or other instrument indicates the executor or	29436
administrator holds the general partnership interest in a	29437
fiduciary capacity.	29438

If an executor or administrator acquires, in a fiduciary	29439
capacity, a general partnership interest, the decedent's estate is	29440
liable for debts, obligations, or liabilities of the partnership.	29441

(C) An estate that includes a general partnership interest is	29442
not liable for the debts, obligations, or liabilities of a	29443
partnership in which another estate has a general partnership	29444
interest, merely because the executor or administrator of the	29445
estates holds a general partnership interest in both of the	29446
partnerships in the executor's or administrator's fiduciary	29447
capacities.	29448

(D) Divisions (B) and (C) of this section apply to general	29449
partnership interests held by executors or administrators in their	29450
fiduciary capacities prior to and on or after March 22, 1984. If	29451
an appropriate disclosure is made pursuant to division (B) of	29452
this section, the immunity acquired under that division extends	29453
only to debts, obligations, and liabilities of the partnership	29454
arising on and after the date of the disclosure and to debts,	29455
obligations, and liabilities of the partnership that arose prior	29456
to the acquisition of the general partnership interest by the	29457
executor or administrator becoming a general partner.	29458

(E) The liability limitations in this section apply to	29459
fiduciaries as partners notwithstanding the broader personal	29460
liabilities otherwise imposed by any partnership law.	29461

(F) If an estate or other fund held by a fiduciary is	29462
identified as a partner, the reference is deemed to be to, and the	29463
partner is, the current executor, administrator, or other	29464
fiduciary of the estate or other fund and their successors as	29465
executors, administrators, or other fiduciaries.	29466

Section 2. That existing sections 9.239, 9.55, 101.37,	29467
101.39, 107.12, 109.57, 109.572, 109.71, 109.77, 109.86, 117.102,	29468
121.02, 121.03, 121.32, 121.36, 121.37, 123.01, 124.11, 124.23,	29469
124.241, 124.27, 124.38, 124.381, 125.602, 125.603, 126.32,	29470
127.16, 135.801, 135.802, 135.803, 140.01, 140.03, 140.05,	29471
145.012, 145.297, 154.17, 154.20, 173.03, 305.14, 307.10, 307.86,	29472
309.10, 319.16, 325.19, 329.06, 1751.01, 1751.02, 2108.521,	29473
2109.01, 2109.04, 2111.01, 2111.02, 2111.10, 2133.25, 2151.011,	29474
2151.421, 2903.33, 2919.271, 2921.36, 2921.38, 2930.061,	29475
2935.03, 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401,	29476
2967.22, 3109.18, 3301.07, 3301.15, 3301.52, 3301.53, 3301.55,	29477
3301.57, 3301.58, 3304.231, 3313.65, 3313.715, 3314.022, 3314.99,	29478
3317.01, 3317.02, 3317.024, 3317.03, 3317.032, 3317.05, 3317.051,	29479
3317.052, 3317.07, 3317.15, 3317.20, 3319.22, 3319.99, 3323.01,	29480
3323.02, 3323.021, 3323.03, 3323.04, 3323.05, 3323.07, 3323.09,	29481
3323.091, 3323.12, 3323.141, 3323.142, 3323.31, 3326.99, 3501.01,	29482
3701.78, 3701.93, 3701.932, 3701.933, 3705.36, 3721.01, 3721.14,	29483
3722.01, 3727.01, 3735.58, 4109.06, 4115.32, 4141.29, 4511.21,	29484
4511.75, 4723.071, 5101.35, 5101.46, 5101.611, 5103.02, 5103.13,	29485
5104.08, 5107.24, 5111.042, 5111.151, 5111.202, 5111.203,	29486
5111.211, 5111.251, 5111.291, 5111.65, 5111.677, 5111.709,	29487
5111.87, 5111.871, 5111.872, 5111.873, 5111.874, 5111.875,	29488
5111.876, 5111.8710, 5111.915, 5112.30, 5112.32, 5112.37,	29489
5112.371, 5119.16, 5119.221, 5119.51, 5120.07, 5120.135, 5121.01,	29490
5121.02, 5121.03, 5121.04, 5121.05, 5121.051, 5121.06, 5121.061,	29491
5121.07, 5121.08, 5121.09, 5121.10, 5121.11, 5121.12, 5123.01,	29492
5123.012, 5123.02, 5123.021, 5123.03, 5123.031, 5123.032,	29493
5123.033, 5123.04, 5123.042, 5123.043, 5123.044, 5123.046,	29494
5123.047, 5123.048, 5123.049, 5123.0410, 5123.0411, 5123.0412,	29495
5123.0413, 5123.0414, 5123.0415, 5123.0416, 5123.0417, 5123.05,	29496
5123.051, 5123.06, 5123.07, 5123.08, 5123.081, 5123.082,	29497
5123.083, 5123.09, 5123.091, 5123.092, 5123.093, 5123.10,	29498
5123.11, 5123.12, 5123.122, 5123.13, 5123.14, 5123.15, 5123.16,	29499
5123.161, 5123.162, 5123.163, 5123.164, 5123.166, 5123.167,	29500
5123.168, 5123.169, 5123.17, 5123.171, 5123.172, 5123.18,	29501
5123.181, 5123.19, 5123.191, 5123.194, 5123.195, 5123.196,	29502
5123.198, 5123.21, 5123.211, 5123.22, 5123.221, 5123.23, 5123.24,	29503
5123.25, 5123.26, 5123.27, 5123.28, 5123.29, 5123.30, 5123.31,	29504
5123.33, 5123.34, 5123.35, 5123.351, 5123.352, 5123.36, 5123.37,	29505
5123.371, 5123.372, 5123.373, 5123.374, 5123.375, 5123.38,	29506
5123.40, 5123.41, 5123.42, 5123.421, 5123.43, 5123.44, 5123.45,	29507
5123.451, 5123.47, 5123.50, 5123.51, 5123.52, 5123.53, 5123.54,	29508
5123.541, 5123.542, 5123.55, 5123.56, 5123.57, 5123.58, 5123.59,	29509
5123.60, 5123.601, 5123.602, 5123.604, 5123.61, 5123.611,	29510
5123.612, 5123.613, 5123.614, 5123.63, 5123.64, 5123.65, 5123.71,	29511
5123.711, 5123.72, 5123.73, 5123.74, 5123.75, 5123.76, 5123.801,	29512
5123.81, 5123.811, 5123.82, 5123.85, 5123.86, 5123.89, 5123.90,	29513
5123.96, 5126.01, 5126.02, 5126.021, 5126.022, 5126.023, 5126.024,	29514
5126.025, 5126.026, 5126.027, 5126.028, 5126.029, 5126.0210,	29515
5126.0211, 5126.0212, 5126.0213, 5126.0214, 5126.0215, 5126.0216,	29516
5126.0217, 5126.0218, 5126.0219, 5126.0220, 5126.0221,	29517
5126.0222, 5126.0223, 5126.0224, 5126.0225, 5126.0226, 5126.0227,	29518
5126.0228, 5126.0229, 5126.03, 5126.031, 5126.032, 5126.033,	29519
5126.034, 5126.037, 5126.038, 5126.04, 5126.041, 5126.042,	29520
5126.044, 5126.045, 5126.046, 5126.05, 5126.051, 5126.052,	29521
5126.054, 5126.055, 5126.056, 5126.058, 5126.059, 5126.0510,	29522
5126.0511, 5126.0512, 5126.06, 5126.07, 5126.071, 5126.08,	29523
5126.081, 5126.082, 5126.09, 5126.10, 5126.11, 5126.12,	29524
5126.121, 5126.13, 5126.14, 5126.15, 5126.18, 5126.19, 5126.20,	29525
5126.201, 5126.21, 5126.22, 5126.221, 5126.23, 5126.24, 5126.25,	29526
5126.251, 5126.252, 5126.253, 5126.254, 5126.26, 5126.27,	29527
5126.28, 5126.281, 5126.29, 5126.30, 5126.31, 5126.311,	29528
5126.313, 5126.33, 5126.331, 5126.333, 5126.34, 5126.36, 5126.40,	29529
5126.41, 5126.42, 5126.43, 5126.45, 5126.46, 5126.47, 5126.49,	29530
5126.50, 5126.54, 5126.55, 5126.57, 5126.58, 5126.59, 5126.61,	29531
5126.62, 5126.99, 5139.08, 5139.34, 5145.18, 5153.16, 5153.99,	29532
5511.03, 5543.011, 5705.091, 5705.14, 5705.191, 5705.222, 5705.28,	29533
5705.44, 5735.142, 5815.28, and 5815.35 and section 5123.011 as it	29534
results from Am. Sub. S.B. 156 of the 119th General Assembly and	29535
section 5123.011 of the Revised Code as it results from Am. Sub.	29536
S.B. 285 of the 121st General Assembly are hereby repealed.	29537

Section 3. That Sections 213.30, 269.20.40, 269.20.80,	29538
269.20.90, 269.30.50, 293.30, 309.31.60, 309.31.70, 335.40.10,	29539
337.10, 337.20.10, 337.30.10, 337.30.20, 337.30.30, 337.30.40,	29540
337.30.60, 337.30.70, 337.30.80, 337.40.10, and 337.40.30 of Am.	29541
Sub. H.B. 119 of the 127th General Assembly be amended to read as	29542
follows:	29543

Sec. 213.30. UNIFIED LONG-TERM CARE BUDGET WORKGROUP

29544

(A) There is hereby created the Unified Long-Term Care Budget	29545
Workgroup. The Workgroup shall consist of the following members:	29546

(1) The Director of Aging;

29547

(2) Consumer advocates, representatives of the provider	29548
community, and state policy makers, appointed by the Governor;	29549

(3) Two members of the House of Representatives, one member	29550
from the majority party and one member from the minority party,	29551
appointed by the Speaker of the House of Representatives;	29552

(4) Two members of the Senate, one member from the majority	29553
party and one member from the minority party, appointed by the	29554
President of the Senate.	29555

The Director of Aging shall serve as the chairperson of the	29556
Workgroup.	29557

(B) The Workgroup shall develop a unified long-term care	29558
budget that facilitates the following:	29559

(1) Providing a consumer a choice of services that meet the	29560
consumer's health care needs and improve the consumer's quality of	29561
life;	29562

(2) Providing a continuum of services that meet the needs of	29563
a consumer throughout life;	29564

(3) Consolidating policymaking authority and the associated	29565
budgets in a single entity to simplify the consumer's decision	29566
making and maximize the state's flexibility in meeting the	29567
consumer's needs;	29568

(4) Assuring the state has a system that is cost effective	29569
and links disparate services across agencies and jurisdictions.	29570

(C) The Workgroup shall submit a written implementation plan	29571
to the Governor, the Speaker of the House of Representatives, the	29572
Minority Leader of the House of Representatives, the President of	29573
the Senate, the Minority Leader of the Senate, and the members of	29574
the Joint Legislative Committee on Medicaid Technology and Reform	29575
not later than June 1, 2008. The plan shall incorporate the	29576
following:	29577

(1) Recommendations regarding the structure of the unified	29578
long-term care budget;	29579

(2) A plan outlining how funds can be transferred among	29580
involved agencies in a fiscally neutral manner;	29581

(3) Identification of the resources needed to implement the	29582
unified budget in a multiphase approach starting in fiscal year	29583
2009;	29584

(4) Success criteria and tools to measure progress against	29585
the success criteria.	29586

The plan shall consider the recommendations of the Medicaid	29587
Administrative Study Council and the Ohio Commission to Reform	29588
Medicaid.	29589

(D) In support of the Unified Long-Term Care Budget the	29590
following shall be established in the General Revenue Fund:	29591

(1) In the Department of Aging, 490-423, Long-Term Care	29592
Budget - State;	29593

(2) In the Department of Job and Family Services, 600-435,	29594
Long-Term Care Budget - State;	29595

(3) In the Department of ~~Mental Retardation and~~ Developmental	29596
Disabilities, 322-406, Long-Term Care Budget - State;	29597

(4) In the Department of Mental Health, 335-411, Long-Term	29598
Care Budget - State.	29599

(E) On an annual basis, the Directors of Aging and Budget and	29600
Management shall submit a written report to the Speaker of the	29601
House of Representatives, the Minority Leader of the House of	29602
Representatives, the President of the Senate, the Minority Leader	29603
of the Senate, and the members of the Joint Legislative Committee	29604
on Medicaid Technology and Reform describing the progress towards	29605
establishing, or if already established, the effectiveness of the	29606
unified long-term care budget.	29607

(F) When the Governor creates the administration described in	29608
section 309.30.03 of this act for the Medicaid program, the	29609
Director of Budget and Management may do all of the following in	29610
support of the Workgroup's proposal:	29611

(1) Transfer funds and appropriations currently appropriated	29612
to pay for Medicaid services to any appropriation item referenced	29613
in division (D) of this section;	29614

(2) Transfer funds between appropriation items referenced in	29615
division (D) of this section;	29616

(3) Develop a reporting mechanism to transparently show how	29617
the funds are being transferred and expended.	29618

The Director shall obtain Controlling Board approval before	29619
transferring funds or appropriations under division (F) of this	29620
section.	29621

(G) Before a proposal for a unified long-term care budget may	29622
be implemented, the Joint Legislative Committee on Medicaid	29623
Technology and Reform shall approve implementation of the proposal	29624
and submit the Committee's approval to the Governor.	29625

Sec. 269.20.40. EDUCATION MANAGEMENT INFORMATION SYSTEM

29626

The foregoing appropriation item 200-446, Education	29627
Management Information System, shall be used by the Department of	29628
Education to improve the Education Management Information System	29629
(EMIS).	29630

Of the foregoing appropriation item 200-446, Education	29631
Management Information System, up to $1,338,620 in fiscal year	29632
2008 and up to $1,372,085 in fiscal year 2009 shall be distributed	29633
to designated information technology centers for costs relating to	29634
processing, storing, and transferring data for the effective	29635
operation of the EMIS. These costs may include, but are not	29636
limited to, personnel, hardware, software development,	29637
communications connectivity, professional development, and support	29638
services, and to provide services to participate in the State	29639
Education Technology Plan pursuant to section 3301.07 of the	29640
Revised Code.	29641

Of the foregoing appropriation item 200-446, Education	29642
Management Information System, up to $8,256,569 in fiscal year	29643
2008 and up to $8,462,984 in fiscal year 2009 shall be distributed	29644
on a per-pupil basis to school districts, community schools	29645
established under Chapter 3314. of the Revised Code, educational	29646
service centers, joint vocational school districts, and any other	29647
education entity that reports data through EMIS. From this	29648
funding, each school district or community school established	29649
under Chapter 3314. of the Revised Code with enrollment greater	29650
than 100 students and each vocational school district shall	29651
receive a minimum of $5,000 in each fiscal year. Each school	29652
district or community school established under Chapter 3314. of	29653
the Revised Code with enrollment between one and one hundred and	29654
each educational service center and each county board of ~~MR/DD~~	29655
developmental disabilities that submits data through EMIS shall	29656
receive $3,000 in each fiscal year. This subsidy shall be used for	29657
costs relating to reporting, processing, storing, transferring,	29658
and exchanging data necessary to meet requirements of the	29659
Department of Education's data system.	29660

The remainder of appropriation item 200-446, Education	29661
Management Information System, shall be used to develop and	29662
support a common core of data definitions and standards as adopted	29663
by the Education Management Information System Advisory Board,	29664
including the ongoing development and maintenance of the data	29665
dictionary and data warehouse. In addition, such funds shall be	29666
used to support the development and implementation of data	29667
standards and the design, development, and implementation of a new	29668
data exchange system.	29669

Any provider of software meeting the standards approved by	29670
the Education Management Information System Advisory Board shall	29671
be designated as an approved vendor and may enter into contracts	29672
with local school districts, community schools, information	29673
technology centers, or other educational entities for the purpose	29674
of collecting and managing data required under Ohio's education	29675
management information system (EMIS) laws. On an annual basis, the	29676
Department of Education shall convene an advisory group of school	29677
districts, community schools, and other education-related entities	29678
to review the Education Management Information System data	29679
definitions and data format standards. The advisory group shall	29680
recommend changes and enhancements based upon surveys of its	29681
members, education agencies in other states, and current industry	29682
practices, to reflect best practices, align with federal	29683
initiatives, and meet the needs of school districts.	29684

School districts and community schools not implementing a	29685
common and uniform set of data definitions and data format	29686
standards for Education Management Information System purposes	29687
shall have all EMIS funding withheld until they are in compliance.	29688

Sec. 269.20.80. PUPIL TRANSPORTATION

29689

Of the foregoing appropriation item 200-502, Pupil	29690
Transportation, up to $830,624 in fiscal year 2008 and up to	29691
$838,930 in fiscal year 2009 may be used by the Department of	29692
Education for training prospective and experienced school bus	29693
drivers in accordance with training programs prescribed by the	29694
Department. Up to $59,870,514 in fiscal year 2008 and up to	29695
$60,469,220 in fiscal year 2009 may be used by the Department of	29696
Education for special education transportation reimbursements to	29697
school districts and county ~~MR/DD~~ boards of developmental	29698
disabilities for transportation operating costs as provided in	29699
division (J) of section 3317.024 of the Revised Code. The	29700
remainder of appropriation item 200-502, Pupil Transportation,	29701
shall be used for the state reimbursement of public school	29702
districts' costs in transporting pupils to and from the school	29703
they attend in accordance with the district's policy, State Board	29704
of Education standards, and the Revised Code.	29705

Notwithstanding the distribution formula outlined in division	29706
(D) of section 3317.022 of the Revised Code, each school district	29707
shall receive an additional one per cent in state funding for	29708
transportation in fiscal year 2008 over what was received in	29709
fiscal year 2007, and the local share of transportation costs that	29710
is used in the calculation of the charge-off supplement under	29711
section 3317.0216 of the Revised Code and the excess cost	29712
supplement under division (F) of section 3317.022 of the Revised	29713
Code for each school district in fiscal year 2008 shall be	29714
increased by one per cent from that used in calculations in fiscal	29715
year 2007.	29716

Notwithstanding the distribution formula outlined in division	29717
(D) of section 3317.022 of the Revised Code, each school district	29718
shall receive an additional one per cent in state funding for	29719
transportation in fiscal year 2009 over what was received in	29720
fiscal year 2008, and the local share of transportation costs that	29721
is used in the calculation of the charge-off supplement under	29722
section 3317.0216 of the Revised Code and the excess cost	29723
supplement under division (F) of section 3317.022 of the Revised	29724
Code for each school district in fiscal year 2009 shall be	29725
increased by one per cent from that used in calculations in fiscal	29726
year 2008.	29727

School districts not receiving state funding for	29728
transportation in fiscal year 2005 under division (D) of section	29729
3317.022 of the Revised Code shall not receive state funding for	29730
transportation in fiscal year 2008 or fiscal year 2009.	29731

Sec. 269.20.90. BUS PURCHASE ALLOWANCE

29732

The foregoing appropriation item 200-503, Bus Purchase	29733
Allowance, shall be distributed to school districts, educational	29734
service centers, and county ~~MR/DD~~ boards of developmental	29735
disabilities pursuant to rules adopted under section 3317.07 of	29736
the Revised Code. Up to 28 per cent of the amount appropriated	29737
may be used to reimburse school districts and educational service	29738
centers for the purchase of buses to transport students with	29739
disabilities and nonpublic school students and to county ~~MR/DD~~	29740
boards of developmental disabilities, the Ohio School for the	29741
Deaf, and the Ohio School for the Blind for the purchase of buses	29742
to transport students with disabilities.	29743

SCHOOL LUNCH MATCH

29744

The foregoing appropriation item 200-505, School Lunch Match,	29745
shall be used to provide matching funds to obtain federal funds	29746
for the school lunch program.	29747

Sec. 269.30.50. SPECIAL EDUCATION ENHANCEMENTS

29748

Of the foregoing appropriation item 200-540, Special	29749
Education Enhancements, up to $2,906,875 in each fiscal year shall	29750
be used for home instruction for children with disabilities; up to	29751
$1,462,500 in each fiscal year shall be used for parent mentoring	29752
programs; and up to $2,783,396 in each fiscal year may be used for	29753
school psychology interns.	29754

Of the foregoing appropriation item 200-540, Special	29755
Education Enhancements, $750,000 in each fiscal year shall be used	29756
for the Out of School Initiative of Sinclair Community College.	29757

Of the foregoing appropriation item 200-540, Special	29758
Education Enhancements, $200,000 shall be used for a preschool	29759
special education pilot program in Bowling Green City School	29760
District.	29761

Of the foregoing appropriation item 200-540, Special	29762
Education Enhancements, $200,000 in each fiscal year shall be used	29763
to support the Bellefaire Jewish Children's Bureau.	29764

Of the foregoing appropriation item 200-540, Special	29765
Education Enhancements, up to $82,707,558 in fiscal year 2008 and	29766
up to $83,371,505 in fiscal year 2009 shall be distributed by the	29767
Department of Education to county boards of ~~mental retardation and~~	29768
developmental disabilities, educational service centers, and	29769
school districts for preschool special education units and	29770
preschool supervisory units under section 3317.052 of the Revised	29771
Code. To the greatest extent possible, the Department of Education	29772
shall allocate these units to school districts and educational	29773
service centers.	29774

The Department may reimburse county ~~MR/DD~~ boards of	29775
developmental disabilities, educational service centers, and	29776
school districts for services provided by instructional	29777
assistants, related services as defined in rule 3301-51-11 of the	29778
Administrative Code, physical therapy services provided by a	29779
licensed physical therapist or physical therapist assistant under	29780
the supervision of a licensed physical therapist as required	29781
under Chapter 4755. of the Revised Code and Chapter 4755-27 of	29782
the Administrative Code and occupational therapy services	29783
provided by a licensed occupational therapist or occupational	29784
therapy assistant under the supervision of a licensed	29785
occupational therapist as required under Chapter 4755. of the	29786
Revised Code and Chapter 4755-7 of the Administrative Code.	29787
Nothing in this section authorizes occupational therapy assistants	29788
or physical therapist assistants to generate or manage their own	29789
caseloads.	29790

The Department of Education shall require school districts,	29791
educational service centers, and county ~~MR/DD~~ boards of	29792
developmental disabilities serving preschool children with	29793
disabilities to document child progress using research-based	29794
indicators prescribed by the Department and report results	29795
annually. The reporting dates and method shall be determined by	29796
the Department.	29797

Of the foregoing appropriation item 200-540, Special	29798
Education Enhancements, $650,000 in each fiscal year shall be	29799
used for the Collaborative Language and Literacy Instruction	29800
Project.	29801

Of the foregoing appropriation item 200-540, Special	29802
Education Enhancements, $325,000 in each fiscal year shall be used	29803
by the Ohio Center for Autism and Low Incidence to contract with	29804
the Delaware-Union Educational Service Center for the provision of	29805
autism transition services.	29806

Of the foregoing appropriation item 200-540, Special	29807
Education Enhancements, $75,000 in each fiscal year shall be used	29808
for Leaf Lake/Geauga Educational Assistance Funding.	29809

Of the foregoing appropriation item 200-540, Special	29810
Education Enhancements, $650,000 in each fiscal year shall be used	29811
to support Project More for one-to-one reading mentoring.	29812

The remainder of appropriation item 200-540, Special	29813
Education Enhancements, shall be used to fund special education	29814
and related services at county boards of ~~mental retardation and~~	29815
developmental disabilities for eligible students under section	29816
3317.20 of the Revised Code and at institutions for eligible	29817
students under section 3317.201 of the Revised Code.	29818

Sec. 293.30. ABSTINENCE AND ADOPTION EDUCATION

29819

The foregoing appropriation item 440-425, Abstinence and	29820
Adoption Education, shall be used for abstinence and adoption	29821
education. The Director of Health shall develop guidelines for	29822
the establishment of abstinence and adoption education programs	29823
for teenagers with the purpose of decreasing unplanned	29824
pregnancies and abortion.	29825

HEALTHY OHIO

29826

Of the foregoing appropriation item 440-437, Healthy Ohio,	29827
$100,000 in each fiscal year shall be allocated to the Center for	29828
Closing Health Gaps to help with disparities in minority health.	29829

Of the foregoing appropriation item 440-437, Healthy Ohio,	29830
$500,000 in each fiscal year shall be used to support	29831
evidence-based programs for diabetes management and prevention,	29832
utilizing proven behavior change strategies leading to improved	29833
levels of routine physical activity and healthy eating habits. The	29834
program shall provide screening for diabetes, and for those	29835
determined to be at highest risk for diabetes, education on	29836
diabetes, diabetes management, physical activity and eating	29837
habits, and opportunities for monitored physical activity for	29838
adults and families. Grants shall be provided to, but not limited	29839
to, the Ohio YMCA State Alliance in collaboration with other	29840
community organizations. Each program shall include post program	29841
measurements, including, but not limited to, blood sugar testing,	29842
participant satisfaction surveys, and participant retention.	29843

BREAST AND CERVICAL CANCER SCREENING

29844

The foregoing appropriation item 440-438, Breast and Cervical	29845
Cancer Screening, may be used for breast and cervical cancer	29846
screenings and services as permitted under the National Breast and	29847
Cervical Cancer Early Detection Project.	29848

HIV/AIDS PREVENTION/TREATMENT

29849

Of the foregoing appropriation item 440-444, AIDS Prevention	29850
and Treatment, not more than $6.7 million in each fiscal year	29851
shall be used to assist persons with HIV/AIDS in acquiring	29852
HIV-related medications.	29853

INFECTIOUS DISEASE PREVENTION

29854

The foregoing appropriation item 440-446, Infectious Disease	29855
Prevention, shall be used for the purchase of drugs for sexually	29856
transmitted diseases.	29857

HELP ME GROW

29858

Of the foregoing appropriation item 440-459, Help Me Grow,	29859
$10,423,397 in fiscal year 2008 and $13,741,847 in fiscal year	29860
2009 shall be used by the Department of Health to distribute	29861
subsidies to counties to implement the Help Me Grow Program.	29862
Appropriation item 440-459, Help Me Grow, may be used in	29863
conjunction with Temporary Assistance for Needy Families from the	29864
Department of Job and Family Services, Early Intervention funding	29865
from the Department of ~~Mental Retardation and~~ Developmental	29866
Disabilities, and in conjunction with other early childhood funds	29867
and services to promote the optimal development of young children.	29868
Local contracts shall be developed between local departments of	29869
job and family services and family and children first councils for	29870
the administration of TANF funding for the Help Me Grow Program.	29871
The Department of Health shall enter into an interagency agreement	29872
with the Department of Education, Department of ~~Mental Retardation~~	29873
~~and~~ Developmental Disabilities, Department of Job and Family	29874
Services, and Department of Mental Health to ensure that all early	29875
childhood programs and initiatives are coordinated and school	29876
linked.	29877

Of the foregoing appropriation item 440-459, Help Me Grow,	29878
$500,000 in fiscal year 2008 and $300,000 in fiscal year 2009	29879
shall be used for the establishment of the Autism Diagnosis	29880
Education Pilot Program. Not later than December 31, 2008, the	29881
Director of Health shall compile and submit to the Governor and	29882
the General Assembly a written report describing the action taken	29883
under the Autism Diagnosis Education Pilot Program since the	29884
effective date of this section. Not later than December 31, 2009,	29885
the Director shall compile and submit to the Governor and the	29886
General Assembly a written report describing the action taken	29887
under the Pilot Program since December 31, 2008.	29888

TARGETED HEALTH CARE SERVICES OVER 21

29889

In each fiscal year, of the foregoing appropriation item	29890
440-507, Targeted Health Care Services Over 21, $731,023 shall be	29891
used to administer the cystic fibrosis program and implement the	29892
Hemophilia Insurance Premium Payment Program. These funds also may	29893
be used, to the extent that funding is available, to provide up to	29894
18 in-patient hospital days for participants in the cystic	29895
fibrosis program. The Department shall expend all of these	29896
earmarked funds.	29897

Of the foregoing appropriation item 440-507, Targeted Health	29898
Care Services Over 21, $900,000 in each fiscal year shall be used	29899
to provide essential medications and to pay the copayments for	29900
drugs approved by the Department of Health and covered by Medicare	29901
Part D that are dispensed to Bureau for Children with Medical	29902
Handicaps (BCMH) participants for the cystic fibrosis program.	29903
These funds also may be used, to the extent that funding is	29904
available, to provide up to 18 in-patient hospital days for	29905
participants in the cystic fibrosis program. The Department shall	29906
expend all of these earmarked funds.	29907

UNCOMPENSATED CARE AND EMERGENCY MEDICAL

29908

The foregoing appropriation item 440-511, Uncompensated Care	29909
and Emergency Medical Assistance, shall be used to fund programs	29910
that provide health care without ability to pay. This is not an	29911
entitlement program and services are offered only to the extent	29912
that funding is available.	29913

MATERNAL CHILD HEALTH BLOCK GRANT

29914

Of the foregoing appropriation item 440-601, Maternal Child	29915
Health Block Grant (Fund 320), $2,091,299 shall be used in each	29916
fiscal year for the purposes of abstinence and adoption education.	29917
The Director of Health shall develop guidelines for the	29918
establishment of abstinence and adoption education programs for	29919
teenagers with the purpose of decreasing unplanned pregnancies and	29920
abortion.	29921

GENETICS SERVICES

29922

The foregoing appropriation item 440-608, Genetics Services	29923
(Fund 4D6), shall be used by the Department of Health to	29924
administer programs authorized by sections 3701.501 and 3701.502	29925
of the Revised Code. None of these funds shall be used to counsel	29926
or refer for abortion, except in the case of a medical emergency.	29927

FEE SUPPORTED PROGRAMS

29928

Of the foregoing appropriation item 440-647, Fee Supported	29929
Programs (Fund 470), $50,000 in fiscal year 2008 shall be used by	29930
the Department to make hospital performance information available	29931
on a web site as required in section 3727.391 of the Revised	29932
Code.	29933

MEDICALLY HANDICAPPED CHILDREN AUDIT

29934

The Medically Handicapped Children Audit Fund (Fund 477)	29935
shall receive revenue from audits of hospitals and recoveries from	29936
third-party payers. Moneys may be expended for payment of audit	29937
settlements and for costs directly related to obtaining recoveries	29938
from third-party payers and for encouraging Medically Handicapped	29939
Children's Program recipients to apply for third-party benefits.	29940
Moneys also may be expended for payments for diagnostic and	29941
treatment services on behalf of medically handicapped children, as	29942
defined in division (A) of section 3701.022 of the Revised Code,	29943
and Ohio residents who are twenty-one or more years of age and who	29944
are suffering from cystic fibrosis or hemophilia. Moneys may also	29945
be expended for administrative expenses incurred in operating the	29946
Medically Handicapped Children's Program.	29947

TRANSFER FROM STATE FIRE MARSHAL'S FUND (FUND 546) TO THE	29948
POISON CONTROL FUND (FUND 5CB) IN THE DEPARTMENT OF HEALTH	29949

Notwithstanding section 3737.71 of the Revised Code, on July	29950
1, 2007, or as soon as possible thereafter, the Director of Budget	29951
and Management shall transfer $150,000 cash from the State Fire	29952
Marshal's Fund (Fund 546) in the Department of Commerce to the	29953
Poison Control Fund (Fund 5CB) in the Department of Health.	29954
Notwithstanding section 3737.71 of the Revised Code, on July 1,	29955
2008, or as soon as possible thereafter, the Director of Budget	29956
and Management shall transfer $150,000 cash from the State Fire	29957
Marshal's Fund (Fund 546) in the Department of Commerce to the	29958
Poison Control Fund (Fund 5CB) in the Department of Health.	29959

POISON CONTROL CENTERS

29960

Of the foregoing appropriation item 440-640, Poison Control	29961
Centers, in each fiscal year, the poison control centers in the	29962
municipal corporations of Cleveland, Cincinnati, and Columbus	29963
shall each receive an allocation of $50,000.	29964

SEWAGE TREATMENT SYSTEM INNOVATION

29965

Any revenues deposited to the credit of the Sewage Treatment	29966
System Innovation Fund (Fund 5CJ) in accordance with Section	29967
120.02 of this act are hereby appropriated to appropriation item	29968
440-654, Sewage Treatment System Innovation, in the fiscal year in	29969
which the revenues are received. On July 1, 2008, or as soon as	29970
possible thereafter, the Department of Health shall certify to the	29971
Director of Budget and Management the total fiscal year 2008	29972
unencumbered appropriations in appropriation item 440-654, Sewage	29973
Treatment System Innovation. The Department of Health may direct	29974
the Director of Budget and Management to transfer an amount not to	29975
exceed the total fiscal year 2008 unencumbered appropriations to	29976
fiscal year 2009 for use in appropriation item 440-654, Sewage	29977
Treatment System Innovation. Additional appropriation authority	29978
equal to the amount certified by the Department of Health is	29979
hereby appropriated to appropriation item 440-654, Sewage	29980
Treatment System Innovation, in fiscal year 2009.	29981

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	29982
PERMIT FUND	29983

The Director of Budget and Management, pursuant to a plan	29984
submitted by the Department of Health, or as otherwise determined	29985
by the Director of Budget and Management, shall set a schedule to	29986
transfer cash from the Liquor Control Fund (Fund 043) to the	29987
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating	29988
needs of the Alcohol Testing and Permit program.	29989

The Director of Budget and Management shall transfer to the	29990
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control	29991
Fund (Fund 043) created in section 4301.12 of the Revised Code	29992
such amounts at such times as determined by the transfer schedule.	29993

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

29994

The foregoing appropriation item 440-607, Medically	29995
Handicapped Children - County Assessments (Fund 666), shall be	29996
used to make payments under division (E) of section 3701.023 of	29997
the Revised Code.	29998

Sec. 309.31.60. TRANSFER OF FUNDS TO THE DEPARTMENT OF	29999
~~MENTAL RETARDATION AND~~ DEVELOPMENTAL DISABILITIES	30000

The Department of Job and Family Services shall transfer,	30001
through intrastate transfer vouchers, cash from Fund 4K1, ICF/MR	30002
Bed Assessments, to Fund 4K8, Home and Community-Based Services,	30003
in the Department of ~~Mental Retardation and~~ Developmental	30004
Disabilities. The amount transferred shall equal $12,000,000 in	30005
each fiscal year. The transfer may occur on a quarterly basis or	30006
on a schedule developed and agreed to by both departments.	30007

Sec. 309.31.70. FUNDING FOR TRANSITION WAIVER SERVICES

30008

Notwithstanding any limitations contained in sections 5112.31	30009
and 5112.37 of the Revised Code, in each fiscal year, cash from	30010
Fund 4K1, ICF/MR Bed Assessments, in excess of the amounts needed	30011
for transfers to Fund 4K8, Home and Community-Based Services, in	30012
the Department of ~~Mental Retardation and~~ Developmental	30013
Disabilities, may be used by the Department of Job and Family	30014
Services to cover costs of care provided to participants in a	30015
waiver with an ICF/MR level of care requirement administered by	30016
the Department of Job and Family Services.	30017

Sec. 335.40.10. BEHAVIORAL HEALTH SERVICES - CHILDREN

30018

The foregoing appropriation item 335-404, Behavioral Health	30019
Services-Children, shall be used to provide behavioral health	30020
services for children and their families. Behavioral health	30021
services include mental health and alcohol and other drug	30022
treatment services and other necessary supports.	30023

Of the foregoing appropriation item 335-404, Behavioral	30024
Health Services-Children, an amount up to $4.5 million in fiscal	30025
year 2008 and $5.5 million in fiscal year 2009 shall be	30026
distributed to local Alcohol, Drug Addiction, and Mental Health	30027
Boards; Community Mental Health Boards; and Alcohol and Drug	30028
Addiction Boards, based upon a distribution formula and guidance	30029
defined by a team of state and local stakeholders appointed by the	30030
Ohio Family and Children First Cabinet Council. This team shall	30031
include, but not be limited to, all of the following:	30032

(A) At least one representative from each of the Departments	30033
of Alcohol and Drug Addiction Services, Mental Health, Education,	30034
Health, Job and Family Services, ~~Mental Retardation and~~	30035
Developmental Disabilities, and the Department of Youth Services;	30036

(B) At least one person representing local public children's	30037
services agencies;	30038

30039

(D) At least one person representing local Alcohol, Drug	30040
Addiction, and Mental Health Boards; Community Mental Health	30041
Boards; and Alcohol and Drug Addiction Boards;	30042

(E) At least one person representing local Family and	30043
Children First Council Coordinators;	30044

(F) At least one family representative.

30045

Funds may be used to support the following services and	30046
activities as determined by local Alcohol, Drug Addiction, and	30047
Mental Health Boards; Community Mental Health Boards; and Alcohol	30048
and Drug Addiction Boards and local family and children first	30049
councils and aligned with county service coordination mechanism as	30050
described in division (C) of section 121.37 of the Revised Code:	30051

(A) Mental health services provided by the Ohio Department of	30052
Mental Health certified agencies and alcohol and other drug	30053
services provided by Department of Alcohol and Drug Addiction	30054
Services certified agencies;	30055

(B) Services and supports for children and their families	30056
that further the implementation of their individual service plans;	30057

(C) Treatment services in out-of-home settings, including	30058
residential facilities, when other alternatives are not available	30059
or feasible;	30060

(D) Administrative support for efforts associated with this	30061
initiative;	30062

(E) These funds shall not be used to supplant existing	30063
efforts.	30064

Of the foregoing appropriation item 335-404, Behavioral	30065
Health Services-Children, an amount up to $1.0 million in fiscal	30066
year 2008 and $1.0 million in fiscal year 2009 shall be used to	30067
support projects, as determined by the Ohio Family and Children	30068
First Cabinet Council, in select areas around the state to focus	30069
on improving behavioral health juvenile justice services.	30070

Of the foregoing appropriation item 335-405, Family &	30071
Children First, an amount up to $500,000 in fiscal year 2008 and	30072
$500,000 in fiscal year 2009 shall be used for children for whom	30073
the primary focus of treatment is not a mental health or alcohol	30074
or drug addiction disorder and require services or supports to	30075
assist those needs through the County Family and Children First	30076
Council.	30077

Of the foregoing appropriation item 335-404, Behavioral	30078
Health Services – Children, an amount up to $500,000 in each	30079
fiscal year shall be used to provide behavioral health treatment	30080
services for children from birth to age seven.	30081

Sec. 337.10. ~~DMR~~DDD DEPARTMENT OF ~~MENTAL RETARDATION AND~~	30082
DEVELOPMENTAL DISABILITIES	30083

Sec. 337.20.10. LEASE-RENTAL PAYMENTS

30084

The foregoing appropriation item 320-415, Lease-Rental	30085
Payments, shall be used to meet all payments at the time they are	30086
required to be made during the period from July 1, 2007, to June	30087
30, 2009, by the Department of ~~Mental Retardation and~~	30088
Developmental Disabilities under leases and agreements made under	30089
section 154.20 of the Revised Code. These appropriations are the	30090
source of funds pledged for bond service charges or obligations	30091
issued pursuant to Chapter 154. of the Revised Code.	30092

Sec. 337.30.10. RESIDENTIAL AND SUPPORT SERVICES

30093

The Department of ~~Mental Retardation and~~ Developmental	30094
Disabilities may designate a portion of appropriation item	30095
322-413, Residential and Support Services, for Sermak Class	30096
Services used to implement the requirements of the agreement	30097
settling the ~~condecree~~consent decree in Sermak v. Manuel, Case	30098
No. c-2-80-220, United States District Court for the Southern	30099
District of Ohio, Eastern Division.	30100

Sec. 337.30.20. OTHER RESIDENTIAL AND SUPPORT SERVICE	30101
PROGRAMS	30102

Notwithstanding Chapters 5123. and 5126. of the Revised Code,	30103
the Department of ~~Mental Retardation and~~ Developmental	30104
Disabilities may develop residential and support service programs	30105
funded by appropriation item 322-413, Residential and Support	30106
Services, and the appropriation for supported living in	30107
appropriation item 322-501, County Board Subsidy, that enable	30108
persons with mental retardation and developmental disabilities to	30109
live in the community. Notwithstanding Chapter 5121. and section	30110
5123.122 of the Revised Code, the Department may waive the support	30111
collection requirements of those statutes for persons in community	30112
programs developed by the Department under this section. The	30113
Department shall adopt rules under Chapter 119. of the Revised	30114
Code or may use existing rules for the implementation of these	30115
programs.	30116

Sec. 337.30.30. MEDICAID WAIVER - STATE MATCH (GRF)

30117

Except as otherwise provided in section 5123.0416 of the	30118
Revised Code, the purposes for which the foregoing appropriation	30119
item 322-416, Medicaid Waiver - State Match, shall be used include	30120
the following:	30121

(A) Home and community-based waiver services under Title XIX	30122
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	30123
as amended.	30124

(B) To pay the nonfederal share of the cost of one or more	30125
new intermediate care facility for the mentally retarded certified	30126
beds, if the Director of ~~Mental Retardation and~~ Developmental	30127
Disabilities is required by ~~this act~~Am. Sub. H.B. 119 of the	30128
127th General Assembly to transfer to the Director of Job and	30129
Family Services funds to pay such nonfederal share.	30130

Except as otherwise provided in section 5123.0416 of the	30131
Revised Code, the Department of ~~Mental Retardation and~~	30132
Developmental Disabilities may designate a portion of	30133
appropriation item 322-416, Medicaid Waiver - State Match, to	30134
county boards of ~~mental retardation and~~ developmental disabilities	30135
that have greater need for various residential and support	30136
services because of a low percentage of residential and support	30137
services development in comparison to the number of individuals	30138
with mental retardation or developmental disabilities in the	30139
county.	30140

Sec. 337.30.40. STATE SUBSIDY TO COUNTY ~~MR/DD~~ BOARDS OF	30141
DEVELOPMENTAL DISABILITIES	30142

Except as otherwise provided in Section 337.40.30 of ~~this~~	30143
~~act~~Am. Sub. H.B. 119 of the 127th General Assembly, the	30144
Department of ~~Mental Retardation and~~ Developmental Disabilities	30145
shall use the foregoing appropriation item 322-501, County Boards	30146
Subsidy, to pay each county board of ~~mental retardation and~~	30147
developmental disabilities in each fiscal year of the biennium an	30148
amount that is equal to the amount such board received in fiscal	30149
year 2007 from former appropriation items 322-417, Supported	30150
Living; 322-452, Service and Support Administration; and 322-501,	30151
County Boards Subsidies.	30152

Except as otherwise provided in section 5126.0511 of the	30153
Revised Code, county boards shall use the subsidy for early	30154
childhood services and adult services provided under section	30155
5126.05 of the Revised Code, service and support administration	30156
provided under section 5126.15 of the Revised Code, and supported	30157
living as defined in section 5126.01 of the Revised Code.	30158

In the event that the appropriation in appropriation item	30159
322-501, County Board Subsidy, for fiscal year 2008 or fiscal year	30160
2009 is greater than the subsidy paid by the Department for fiscal	30161
year 2007 from former appropriation items 332-417, Supported	30162
Living; 322-452, Services and Support Administration; and 322-501,	30163
County Boards Subsidies, the Department and county boards shall	30164
develop a formula for allocating the additional appropriation to	30165
each county board to support priorities determined by the	30166
Department and county boards.	30167

The Department shall distribute this subsidy to county boards	30168
in quarterly installments of equal amounts. The installments shall	30169
be made not later than the thirtieth day of September, the	30170
thirty-first day of December, the thirty-first day of March, and	30171
thirtieth day of June.	30172

The Department also may use the foregoing appropriation item	30173
322-501, County Boards Subsidy, to pay the nonfederal share of the	30174
cost of one or more new intermediate care facility for the	30175
mentally retarded certified beds, if the Director of ~~Mental~~	30176
~~Retardation and~~ Developmental Disabilities is required by ~~this act~~	30177
Am. Sub. H.B. 119 of the 127th General Assembly to transfer to	30178
the Director of Job and Family Services funds to pay such	30179
nonfederal share.	30180

Sec. 337.30.60. TARGETED CASE MANAGEMENT SERVICES

30181

County boards of ~~mental retardation and~~ developmental	30182
disabilities shall pay the nonfederal portion of targeted case	30183
management costs to the Department of ~~Mental Retardation and~~	30184
Developmental Disabilities. The Director of ~~Mental Retardation and~~	30185
Developmental Disabilities shall withhold any amount owed to the	30186
Department from subsequent disbursements from any appropriation	30187
item or money otherwise due to a nonpaying county.	30188

The Departments of ~~Mental Retardation and~~ Developmental	30189
Disabilities and Job and Family Services may enter into an	30190
interagency agreement under which the Department of ~~Mental~~	30191
~~Retardation and~~ Developmental Disabilities shall pay the	30192
Department of Job and Family Services the nonfederal portion of	30193
the cost of targeted case management services paid by county	30194
boards and the Department of Job and Family Services shall pay the	30195
total cost of targeted case management claims.	30196

Sec. 337.30.70. TRANSFER TO PROGRAM FEE FUND

30197

On July 1, 2007, or as soon as possible thereafter, the	30198
Director of ~~Mental Retardation and~~ Developmental Disabilities	30199
shall certify to the Director of Budget and Management the amount	30200
of cash that has been deposited into Fund 4B5,	30201
Conference/Training, pursuant to sections 5123.19 and 5126.25 of	30202
the Revised Code, less the amount that has been expended from Fund	30203
4B5 to operate the Certification and Registration Program	30204
established under section 5126.25 of the Revised Code and to	30205
license and inspect residential facilities as outlined in section	30206
5123.19 of the Revised Code. The certified amount shall not	30207
include amounts deposited into Fund 4B5 for training and	30208
conferences conducted by the Department of ~~Mental Retardation and~~	30209
Developmental Disabilities. Upon receipt of the certification, the	30210
Director of Budget and Management shall transfer cash equal to the	30211
amount certified and all associated liabilities and obligations to	30212
Fund 5EV, Program Fee Fund, in the Department of ~~Mental~~	30213
~~Retardation and~~ Developmental Disabilities.	30214

Sec. 337.30.80. DEVELOPMENTAL CENTER BILLING FOR SERVICES

30215

Developmental centers of the Department of ~~Mental Retardation~~	30216
~~and~~ Developmental Disabilities may provide services to persons	30217
with mental retardation or developmental disabilities living in	30218
the community or to providers of services to these persons. The	30219
Department may develop a method for recovery of all costs	30220
associated with the provisions of these services.	30221

Sec. 337.40.10. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	30222
PHARMACY PROGRAMS	30223

The Department of ~~Mental Retardation and~~ Developmental	30224
Disabilities shall pay the Department of Job and Family Services	30225
quarterly, through intrastate transfer voucher, the nonfederal	30226
share of Medicaid prescription drug claim costs for all	30227
developmental centers paid by the Department of Job and Family	30228
Services.	30229

Sec. 337.40.30. NONFEDERAL SHARE OF NEW ICF/MR BEDS

30230

(A) As used in this section, "intermediate care facility for	30231
the mentally retarded" has the same meaning as in section 5111.20	30232
of the Revised Code.	30233

(B) If one or more new beds obtain certification as an	30234
intermediate care facility for the mentally retarded bed on or	30235
after July 1, 2007, the Director of ~~Mental Retardation and~~	30236
Developmental Disabilities shall transfer funds to the Department	30237
of Job and Family Services to pay the nonfederal share of the cost	30238
under the Medicaid Program for those beds. Except as otherwise	30239
provided in section 5123.0416 of the Revised Code, the Director	30240
shall use only the following funds for the transfer:	30241

(1) Funds appropriated to the Department of ~~Mental~~	30242
~~Retardation and~~ Developmental Disabilities in appropriation item	30243
322-416, Medicaid Waiver - State Match;	30244

(2) Funds appropriated to the Department in appropriation	30245
item 322-501, County Boards Subsidies.	30246

(C) If the beds are located in a county served by a county	30247
board of ~~mental retardation and~~ developmental disabilities that	30248
initiates or supports the beds' certification, the funds that the	30249
Director transfers under division (B) of this section shall be	30250
funds that the Director has allocated to the county board serving	30251
the county in which the beds are located unless the amount of the	30252
allocation is insufficient to pay the entire nonfederal share of	30253
the cost under the Medicaid Program for those beds. If the	30254
allocation is insufficient, the Director shall use as much of such	30255
funds allocated to other counties as is needed to make up the	30256
difference.	30257

Section 4. That existing Sections 213.30, 269.20.40,	30258
269.20.80, 269.20.90, 269.30.50, 293.30, 309.31.60, 309.31.70,	30259
335.40.10, 337.10, 337.20.10, 337.30.10, 337.30.20, 337.30.30,	30260
337.30.40, 337.30.60, 337.30.70, 337.30.80, 337.40.10, and	30261
337.40.30 of Am. Sub. H.B. 119 of the 127th General Assembly are	30262
hereby repealed.	30263

Section 5. That Sections 337.30.43, 337.40, and 337.40.15 of	30264
Am. Sub. H.B. 119 of the 127th General Assembly, as amended by Am.	30265
Sub. H.B. 562 of the 127th General Assembly, be amended to read as	30266
follows:	30267

Sec. 337.30.43. TAX EQUITY

30268

Notwithstanding section 5126.18 of the Revised Code, for	30269
fiscal year 2009, if the Department of ~~Mental Retardation and~~	30270
Developmental Disabilities determines that sufficient funds are	30271
available, the Department shall use the foregoing appropriation	30272
item 322-503, Tax Equity, to pay each county board of ~~mental~~	30273
~~retardation and~~ developmental disabilities an amount that is	30274
equal to the amount the board received for fiscal year 2008. If	30275
the Department determines that there are not sufficient funds	30276
available in the appropriation item for this purpose, the	30277
Department shall pay to each county board an amount that is	30278
proportionate to the amount the board received for fiscal year	30279
2008. Proportionality shall be determined by dividing the total	30280
tax equity payments distributed to county boards for fiscal year	30281
2008 by the tax equity payment a county board received for fiscal	30282
year 2008.	30283

Sec. 337.40. RESIDENTIAL FACILITIES

30284

General Revenue Fund	30285

GRF	323-321		Developmental Center and Residential Facilities Operation Expenses		$	102,796,851		$	102,796,851		30286
TOTAL GRF General Revenue Fund					$	102,796,851		$	102,796,851		30287

General Services Fund Group	30288

152	323-609	Developmental Center and Residential Operating Services	$	912,177	$	912,177	30289
TOTAL GSF General Services							30290
Fund Group			$	912,177	$	912,177	30291

Federal Special Revenue Fund Group	30292

3A4	323-605	Developmental Center and Residential Facility Services and Support	$	136,299,536	$	137,555,308	30293
TOTAL FED Federal Special Revenue							30294
Fund Group			$	136,299,536	$	137,555,308	30295

State Special Revenue Fund Group	30296

221	322-620	Supplement Service Trust	$	150,000	$	150,000	30297
489	323-632	Developmental Center Direct Care Support	$	14,543,764	$	14,671,616	30298
TOTAL SSR State Special Revenue							30299
Fund Group			$	14,693,764	$	14,821,616	30300
TOTAL ALL RESIDENTIAL FACILITIES							30301
BUDGET FUND GROUPS			$	254,702,328	$	256,085,952	30302

DEPARTMENT TOTAL					30303
GENERAL REVENUE FUND	$	369,669,156	$	389,282,941	30304
DEPARTMENT TOTAL					30305
GENERAL SERVICES FUND GROUP	$	1,172,177	$	1,022,177	30306
DEPARTMENT TOTAL					30307
FEDERAL SPECIAL REVENUE FUND GROUP	$	610,780,538	$	658,082,406	30308
DEPARTMENT TOTAL					30309
STATE SPECIAL REVENUE FUND GROUP	$	192,359,213	$	205,307,651	30310
TOTAL DEPARTMENT OF ~~MENTAL~~					30311
~~RETARDATION AND~~ DEVELOPMENTAL					30312
DISABILITIES	$	1,173,981,084	$	1,253,695,175	30313

Sec. 337.40.15. GALLIPOLIS DEVELOPMENTAL CENTER PILOT	30315
PROGRAM	30316

The Director of ~~Mental Retardation and~~ Developmental	30317
Disabilities shall establish a pilot program during calendar year	30318
2009 under which the Gallipolis Developmental Center operates an	30319
intermediate care facility for the mentally retarded with eight	30320
beds at a site separate from the grounds of the developmental	30321
center. The Gallipolis Developmental Center may operate the	30322
intermediate care facility for the mentally retarded	30323
notwithstanding section 5123.196 of the Revised Code. Money shall	30324
be expended on the pilot program beginning in the first half of	30325
calendar year 2009.	30326

The Director of ~~Mental Retardation and~~ Developmental	30327
Disabilities and the Director of Job and Family Services shall	30328
provide the Gallipolis Developmental Center technical assistance	30329
regarding the pilot program.	30330

The Director of ~~Mental Retardation and~~ Developmental	30331
Disabilities shall conduct an evaluation of the pilot program,	30332
including an evaluation of the quality and effectiveness of the	30333
services the Gallipolis Developmental Center provides under the	30334
pilot program. The Director shall submit a report of the	30335
evaluation to the Governor and the General Assembly not later	30336
than April 1, 2010. The Director shall include in the report	30337
recommendations regarding the continuation of the pilot program	30338
and whether other developmental centers should be permitted to	30339
establish and operate intermediate care facilities for the	30340
mentally retarded at sites separate from the grounds of the	30341
developmental centers.	30342

Section 6. That existing Sections 337.30.43, 337.40, and	30343
337.40.15 of Am. Sub. H.B. 119 of the 127th General Assembly, as	30344
amended by Am. Sub. H.B. 562 of the 127th General Assembly, are	30345
hereby repealed.	30346

Section 7. That Sections 209.60.40, 209.60.50, and 501.40 of	30347
H.B. 496 of the 127th General Assembly be amended to read as	30348
follows:	30349

Sec. 209.60.40. The foregoing appropriations for the	30350
Department of Alcohol and Drug Addiction Services, C03801,	30351
Community Assistance Projects; Department of Mental Health,	30352
C58001, Community Assistance Projects; and Department of ~~Mental~~	30353
~~Retardation and~~ Developmental Disabilities, C59004, Community	30354
Assistance Projects, may be used on facilities constructed or to	30355
be constructed pursuant to Chapter 340., 3793., 5119., 5123., or	30356
5126. of the Revised Code or the authority granted by section	30357
154.20 of the Revised Code and the rules adopted pursuant to those	30358
chapters and that section and shall be distributed by the	30359
Department of Alcohol and Drug Addiction Services, the Department	30360
of Mental Health, and the Department of ~~Mental Retardation and~~	30361
Developmental Disabilities, subject to Controlling Board approval.	30362

Sec. 209.60.50. (A) No capital improvement appropriations	30363
made in Sections 201.60 and 201.60.10 to 201.60.40 of ~~this act~~	30364
H.B. 496 of the 127th General Assembly shall be released for	30365
planning or for improvement, renovation, or construction or	30366
acquisition of capital facilities if a governmental agency, as	30367
defined in section 154.01 of the Revised Code, does not own the	30368
real property that constitutes the capital facilities or on which	30369
the capital facilities are or will be located. This restriction	30370
does not apply in any of the following circumstances:	30371

(1) The governmental agency has a long-term (at least fifteen	30372
years) lease of, or other interest (such as an easement) in, the	30373
real property.	30374

(2) In the case of an appropriation for capital facilities	30375
that, because of their unique nature or location, will be owned or	30376
be part of facilities owned by a separate nonprofit organization	30377
and made available to the governmental agency for its use, the	30378
nonprofit organization either owns or has a long-term (at least	30379
fifteen years) lease of the real property or other capital	30380
facility to be improved, renovated, constructed, or acquired and	30381
has entered into a joint or cooperative use agreement, approved by	30382
the Department of Mental Health, Department of ~~Mental Retardation~~	30383
~~and~~ Developmental Disabilities, or Department of Alcohol and Drug	30384
Addiction Services, whichever is applicable, with the governmental	30385
agency for that agency's use of and right to use the capital	30386
facilities to be financed and, if applicable, improved, the value	30387
of such use or right to use being, as determined by the parties,	30388
reasonably related to the amount of the appropriation.	30389

(B) In the case of capital facilities referred to in division	30390
(A)(2) of this section, the joint or cooperative use agreement	30391
shall include, as a minimum, provisions that:	30392

(1) Specify the extent and nature of that joint or	30393
cooperative use, extending for not fewer than fifteen years, with	30394
the value of such use or right to use to be, as determined by the	30395
parties and approved by the applicable department, reasonably	30396
related to the amount of the appropriation;	30397

(2) Provide for pro rata reimbursement to the state should	30398
the arrangement for joint or cooperative use by a governmental	30399
agency be terminated; and	30400

(3) Provide that procedures to be followed during the capital	30401
improvement process will comply with appropriate applicable state	30402
statutes and rules, including provisions of ~~this act~~H.B. 496 of	30403
the 127th General Assembly.	30404

Sec. 501.40. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	30405
PROJECTS	30406

Notwithstanding sections 123.01 and 123.15 of the Revised	30407
Code, the Director of Administrative Services may authorize the	30408
Departments of Mental Health, ~~Mental Retardation and~~ Developmental	30409
Disabilities, Alcohol and Drug Addiction Services, Agriculture,	30410
Job and Family Services, Rehabilitation and Correction, Youth	30411
Services, Public Safety, Transportation, the Ohio Veterans' Home,	30412
and the Rehabilitation Services Commission to administer any	30413
capital facilities projects when the estimated cost, including	30414
design fees, construction, equipment, and contingency amounts, is	30415
less than $1,500,000. Requests for authorization to administer	30416
capital facilities projects shall be made in writing to the	30417
Director of Administrative Services by the respective state agency	30418
within sixty days after the effective date of the act in which the	30419
General Assembly initially makes an appropriation for the project.	30420
Upon the release of funds for such projects by the Controlling	30421
Board or the Director of Budget and Management, the agency may	30422
administer the capital project or projects for which agency	30423
administration has been authorized without the supervision,	30424
control, or approval of the Director of Administrative Services.	30425

A state agency authorized by the Director of Administrative	30426
Services to administer capital facilities projects pursuant to	30427
this section shall comply with the applicable procedures and	30428
guidelines established in Chapter 153. of the Revised Code.	30429

Section 8. That existing Sections 209.60.40, 209.60.50, and	30430
501.40 of H.B. 496 of the 127th General Assembly are hereby	30431
repealed.	30432

Section 9. That Section 201.60.30 of H.B. 496 of the 127th	30433
General Assembly, as amended by Am. Sub. H.B. 420 of the 127th	30434
General Assembly, be amended to read as follows:	30435

Reappropriations

Sec. 201.60.30. ~~DMR~~DDD DEPARTMENT OF ~~MENTAL RETARDATION AND~~	30436
DEVELOPMENTAL DISABILITIES	30437

STATEWIDE PROJECTS	30438

C59000	Asbestos Abatement	$	999,637	30439
C59004	Community Assistance Projects	$	1,202,040	30440
C59020	Kamp Dovetail Project at Rocky Fork Lake State Park	$	100,000	30441
C59022	Razing of Buildings	$	80,595	30442
C59024	Telecommunications Systems Improvement	$	774,454	30443
C59029	Emergency Generator Replacement	$	1,049,606	30444
C59034	Statewide Developmental Centers	$	5,479,662	30445
C59050	Emergency Improvements	$	634,970	30446
Total Statewide and Central Office Projects		$	10,320,964	30447

COMMUNITY ASSISTANCE PROJECTS

30448

The foregoing appropriation item C59004, Community Assistance	30449
Projects, may be used to provide community assistance funds for	30450
the construction or renovation of facilities for day programs or	30451
residential programs that provide services to persons eligible for	30452
services from the Department of ~~Mental Retardation and~~	30453
Developmental Disabilities or county boards of ~~mental retardation~~	30454
~~and~~ developmental disabilities. Any funds provided to nonprofit	30455
agencies for the construction or renovation of facilities for	30456
persons eligible for services from the Department of ~~Mental~~	30457
~~Retardation and~~ Developmental Disabilities and county boards of	30458
~~mental retardation and~~ developmental disabilities are subject to	30459
the prevailing wage provisions in section 176.05 of the Revised	30460
Code.	30461

Notwithstanding any other provision of law to the contrary,	30462
of the foregoing appropriation item C59004, Community Assistance	30463
Projects, $75,000 shall be used for the Hanson Home.	30464

STATEWIDE DEVELOPMENTAL CENTERS	30465

CAMBRIDGE DEVELOPMENTAL CENTER	30466

C59005	Residential Renovations - CAMDC	$	41,398	30467
C59023	HVAC Renovations - Residential Buildings	$	1,000	30468
C59025	Cambridge HVAC Upgrade - Activity Center	$	3,538	30469
C59046	Utility Upgrade Centerwide	$	5,960	30470
Total Cambridge Developmental Center		$	51,896	30471

COLUMBUS DEVELOPMENTAL CENTER	30472

C59036		Columbus Developmental Center		$	8,162		30473
Total Columbus Developmental Center				$	8,162		30474

GALLIPOLIS DEVELOPMENTAL CENTER	30475

C59027	HVAC Replacements	$	4,873	30476
C59037	Gallipolis Developmental Center	$	21,849	30477
Total Gallipolis Developmental Center		$	26,722	30478

MONTGOMERY DEVELOPMENTAL CENTER	30479

C59038		Montgomery Developmental Center		$	43,634		30480
Total Montgomery Developmental Center				$	43,634		30481

MOUNT VERNON DEVELOPMENTAL CENTER	30482

C59039		Mount Vernon Developmental Center		$	160,353		30483
Total Mount Vernon Developmental Center				$	160,353		30484

NORTHWEST OHIO DEVELOPMENTAL CENTER	30485

C59030	Replace Chiller	$	8,535	30486
C59040	Northwest Ohio Developmental Center	$	11,171	30487
Total Northwest Ohio Developmental Center		$	19,706	30488

SOUTHWEST OHIO DEVELOPMENTAL CENTER	30489

C59016	Residential Renovation - HVAC Upgrade	$	23,075	30490
C59041	Southwest Ohio Developmental Center	$	14,566	30491
C59048	Renovation Program and Support Services Building	$	3,900	30492
Total Southwest Ohio Developmental Center		$	41,541	30493

TIFFIN DEVELOPMENTAL CENTER	30494

C59026	Roof and Exterior Renovations	$	19,666	30495
C59043	Tiffin Developmental Center	$	20,696	30496
Total Tiffin Developmental Center		$	40,362	30497

WARRENSVILLE DEVELOPMENTAL CENTER	30498

C59017	Residential Renovations - WDC	$	5,057	30499
C59021	Water Line Replacement - WDC	$	16,267	30500
C59031	ADA Compliance - WDC	$	3,628	30501
C59044	Warrensville Developmental Center	$	29,860	30502
Total Warrensville Developmental Center		$	54,812	30503

YOUNGSTOWN DEVELOPMENTAL CENTER	30504

C59045		Youngstown Developmental Center		$	24,400		30505
Total Youngstown Developmental Center				$	24,400		30506

TOTAL Department of ~~Mental Retardation~~			30507
~~and~~ Developmental Disabilities	$	10,792,552	30508
TOTAL Mental Health Facilities Improvement Fund	$	43,084,415	30509

Section 10. That existing Section 201.60.30 of H.B. 496 of	30511
the 127th General Assembly, as amended by Am. Sub. H.B. 420 of the	30512
127th General Assembly is hereby repealed.	30513

Section 11. That Sections 231.30.10, 231.30.20, 253.10, and	30514
751.10 of Am. Sub. H.B. 562 of the 127th General Assembly be	30515
amended to read as follows:	30516

Sec. 231.30.10. The foregoing appropriations for the	30517
Department of Mental Health, C58001, Community Assistance	30518
Projects, and the Department of ~~Mental Retardation and~~	30519
Developmental Disabilities, C59004, Community Assistance	30520
Projects, may be used for facilities constructed or to be	30521
constructed pursuant to Chapter 340., 3793., 5119., 5123., or	30522
5126. of the Revised Code or the authority granted by section	30523
154.20 of the Revised Code and the rules issued pursuant to those	30524
chapters and shall be distributed by the Department of Mental	30525
Health and the Department of ~~Mental Retardation and~~ Developmental	30526
Disabilities, all subject to Controlling Board approval.	30527

Sec. 231.30.20. (A) No capital improvement appropriations	30528
made in Sections 231.10.10 to 231.30.10 of ~~this act~~Am. Sub. H.B.	30529
562 of the 127th General Assembly shall be released for planning	30530
or for improvement, renovation, or construction or acquisition of	30531
capital facilities if a governmental agency, as defined in	30532
section 154.01 of the Revised Code, does not own the real	30533
property that constitutes the capital facilities or on which the	30534
capital facilities are or will be located. This restriction does	30535
not apply in any of the following circumstances:	30536

(1) The governmental agency has a long-term (at least fifteen	30537
years) lease of, or other interest (such as an easement) in, the	30538
real property.	30539

(2) In the case of an appropriation for capital facilities	30540
that, because of their unique nature or location, will be owned or	30541
be part of facilities owned by a separate nonprofit organization	30542
and made available to the governmental agency for its use or	30543
operated by the nonprofit organization under contract with the	30544
governmental agency, the nonprofit organization either owns or has	30545
a long-term (at least fifteen years) lease of the real property or	30546
other capital facility to be improved, renovated, constructed, or	30547
acquired and has entered into a joint or cooperative use	30548
agreement, approved by the Department of Mental Health or the	30549
Department of ~~Mental Retardation and~~ Developmental Disabilities,	30550
whichever is applicable, with the governmental agency for that	30551
agency's use of and right to use the capital facilities to be	30552
financed and, if applicable, improved, the value of such use or	30553
right to use being, as determined by the parties, reasonably	30554
related to the amount of the appropriation.	30555

(B) In the case of capital facilities referred to in division	30556
(A)(2) of this section, the joint or cooperative use agreement	30557
shall include, at a minimum, provisions that:	30558

(1) Specify the extent and nature of that joint or	30559
cooperative use, extending for not fewer than fifteen years, with	30560
the value of such use or right to use to be, as determined by the	30561
parties and approved by the approving department, reasonably	30562
related to the amount of the appropriation;	30563

(2) Provide for pro rata reimbursement to the state should	30564
the arrangement for joint or cooperative use by a governmental	30565
agency be terminated;	30566

(3) Provide that procedures to be followed during the capital	30567
improvement process will comply with applicable state statutes	30568
and rules, including the provisions of ~~this act~~Am. Sub. H.B. 562	30569
of the 127th General Assembly.	30570

Sec. 253.10. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	30571
PROJECTS	30572

Notwithstanding sections 123.01 and 123.15 of the Revised	30573
Code, the Director of Administrative Services may authorize the	30574
Departments of Mental Health, ~~Mental Retardation and~~ Developmental	30575
Disabilities, Agriculture, Job and Family Services, Rehabilitation	30576
and Correction, Youth Services, Public Safety, Transportation, and	30577
the Ohio Veterans' Home to administer any capital facilities	30578
projects, the estimated cost of which, including design fees,	30579
construction, equipment, and contingency amounts, is less than	30580
$1,500,000. Requests for authorization to administer capital	30581
facilities projects shall be made in writing to the Director of	30582
Administrative Services by the applicable state agency within	30583
sixty days after the effective date of the section of law in which	30584
the General Assembly initially makes an appropriation for the	30585
project. Upon the release of funds for the projects by the	30586
Controlling Board or the Director of Budget and Management, the	30587
agency may administer the capital project or projects for which	30588
agency administration has been authorized without the supervision,	30589
control, or approval of the Director of Administrative Services.	30590

A state agency authorized by the Director of Administrative	30591
Services to administer capital facilities projects pursuant to	30592
this section shall comply with the applicable procedures and	30593
guidelines established in Chapter 153. of the Revised Code.	30594

Sec. 751.10. ICF/MR CONVERSION

30595

(A) As used in this section, "home and community-based	30596
services" has the same meaning as in section 5123.01 of the	30597
Revised Code.	30598

(B) For each quarter of fiscal year 2009, the Director of	30599
~~Mental Retardation and~~ Developmental Disabilities shall certify	30600
to the Director of Budget and Management the estimated amount to	30601
be transferred from the Department of Job and Family Services to	30602
the Department of ~~Mental Retardation and~~ Developmental	30603
Disabilities for the provision of home and community-based	30604
services made available by the slots sought under section	30605
5111.877 of the Revised Code. On receipt of the certification	30606
from the Director of ~~Mental Retardation and~~ Developmental	30607
Disabilities, the Director of Budget and Management may do one	30608
or more of the following:	30609

(1) Reduce GRF appropriation item 600-525, Health	30610
Care/Medicaid, in the Department of Job and Family Services, by	30611
the estimated amount for providing the home and community-based	30612
services and increase GRF appropriation item 322-416, Medicaid	30613
Waiver - State Match, in the Department of ~~Mental Retardation and~~	30614
Developmental Disabilities, by the state share of the estimated	30615
amount for the provision of the home and community-based	30616
services;	30617

(2) Increase appropriation item 322-639, Medicaid Waiver –	30618
Federal, in the Department of ~~Mental Retardation and~~ Developmental	30619
Disabilities, by the federal share amount of the estimated amount	30620
for the provision of the home and community-based services;	30621

(3) Increase appropriation item 600-655, Interagency	30622
Reimbursement, in the Department of Job and Family Services, by	30623
the federal share of the estimated amount for the provision of	30624
the home and community-based services.	30625

Section 12. That existing Sections 231.30.10, 231.30.20,	30626
253.10, and 751.10 of Am. Sub. H.B. 562 of the 127th General	30627
Assembly are hereby repealed.	30628

Section 13. That Section 231.20.30 of Am. Sub. H.B. 562 of	30629
the 127th General Assembly, as amended by Am. Sub. H.B. 420 of the	30630
127th General Assembly, be amended to read as follows:	30631

Appropriations

Sec. 231.20.30. ~~DMR~~DDD DEPARTMENT OF ~~MENTAL RETARDATION AND~~	30632
DEVELOPMENTAL DISABILITIES	30633

STATEWIDE AND CENTRAL OFFICE PROJECTS	30634

C59004	Community Assistance Projects	$	13,551,537	30635
C59022	Razing of Buildings	$	200,000	30636
C59024	Telecommunications	$	400,000	30637
C59029	Generator Replacement	$	1,000,000	30638
C59034	Statewide Developmental Centers	$	4,294,237	30639
C59050	Emergency Improvements	$	500,000	30640
C59051	Energy Conservation	$	500,000	30641
C59052	Guernsey County MRDD Boiler Replacement	$	275,000	30642
C59054	Recreation Unlimited Life Center - Delaware	$	150,000	30643
C59055	Camp McKinley Improvements	$	30,000	30644
C59056	The Hope Learning Center	$	250,000	30645
Total Statewide and Central Office Projects		$	21,150,774	30646
TOTAL Department of ~~Mental Retardation and~~ Developmental Disabilities		$	21,150,774	30647
TOTAL Mental Health Facilities Improvement Fund		$	127,630,774	30648

COMMUNITY ASSISTANCE PROJECTS

30649

The foregoing appropriation item C59004, Community Assistance	30650
Projects, may be used to provide community assistance funds for	30651
the development, purchase, construction, or renovation of	30652
facilities for day programs or residential programs that provide	30653
services to persons eligible for services from the Department of	30654
~~Mental Retardation and~~ Developmental Disabilities or county boards	30655
of ~~mental retardation and~~ developmental disabilities. Any funds	30656
provided to nonprofit agencies for the construction or renovation	30657
of facilities for persons eligible for services from the	30658
Department of ~~Mental Retardation and~~ Developmental Disabilities	30659
and county boards of ~~mental retardation and~~ developmental	30660
disabilities shall be governed by the prevailing wage provisions	30661
in section 176.05 of the Revised Code.	30662

Of the foregoing appropriation item C59004, Community	30663
Assistance Projects, $250,000 shall be used for North Olmsted	30664
Welcome House. Notwithstanding any provision of law to the	30665
contrary, North Olmsted Welcome House is not subject to the	30666
requirements of Chapter 153. of the Revised Code.	30667

Section 14. That existing Section 231.20.30 of Am. Sub. H.B.	30668
562 of the 127th General Assembly, as amended by Am. Sub. H.B. 420	30669
of the 127th General Assembly is hereby repealed.	30670

Section 15. That Section 4 of Am. Sub. H.B. 516 of the 125th	30671
General Assembly, as most recently amended by Am. Sub. H.B. 100 of	30672
the 127th General Assembly, be amended to read as follows:	30673

Sec. 4. The following agencies shall be retained pursuant to	30674
division (D) of section 101.83 of the Revised Code and shall	30675
expire on December 31, 2010:	30676

	REVISED CODE OR	30677
	UNCODIFIED	30678
AGENCY NAME	SECTION	30679

Administrator, Interstate Compact on Mental Health	5119.50	30680
Administrator, Interstate Compact on	5103.20	30681
Placement of Children		30682
Advisory Board of Governor's Office of Faith-Based and Community Initiatives	107.12	30683
Advisory Boards to the EPA for Air Pollution	121.13	30684
Advisory Boards to the EPA for Water Pollution	121.13	30685
Advisory Committee of the State Veterinary Medical Licensing Board	4741.03(D)(3)	30686
Advisory Committee on Livestock Exhibitions	901.71	30687
Advisory Council on Amusement Ride Safety	1711.51	30688
Advisory Board of Directors for Prison Labor	5145.162	30689
Advisory Council for Each Wild, Scenic, or Recreational River Area	1517.18	30690
Advisory Councils or Boards for State Departments	107.18 or 121.13	30691
Advisory Group to the Ohio Water Resources Council	1521.19(C)	30692
Alzheimer's Disease Task Force	173.04(F)	30693
AMBER Alert Advisory Committee	5502.521	30694
Apprenticeship Council	4139.02	30695
Armory Board of Control	5911.09	30696
Automated Title Processing Board	4505.09(C)(1)	30697
Banking Commission	1123.01	30698
Board of Directors of the Ohio Health Reinsurance Program	3924.08	30699
Board of Voting Machine Examiners	3506.05(B)	30700
Brain Injury Advisory Committee	3304.231	30701
Capitol Square Review and Advisory Board	105.41	30702
Child Support Guideline Advisory Council	3119.024	30703
Children's Trust Fund Board	3109.15	30704
Citizens Advisory Committee (BMV)	4501.025	30705
Citizen's Advisory Councils (Dept. of ~~Mental Retardation and~~ Developmental Disabilities)	5123.092	30706
Clean Ohio Trail Advisory Board	1519.06	30707
Coastal Resources Advisory Council	1506.12	30708
Commission on African-American Males	4112.12	30709
Commission on Hispanic-Latino Affairs	121.31	30710
Commission on Minority Health	3701.78	30711
Committee on Prescriptive Governance	4723.49	30712
Commodity Advisory Commission	926.32	30713
~~Community Mental Retardation and Developmental Disabilities Trust Fund Advisory Council~~	~~5123.353~~	30714
Community Oversight Council	3311.77	30715
Compassionate Care Task Force	Section 3, H.B. 474, 124th GA	30716
Continuing Education Committee (for Sheriffs)	109.80	30717
Coordinating Committee, Agricultural Commodity Marketing Programs	924.14	30718
Council on Alcohol and Drug Addiction Services	3793.09	30719
Council on Unreclaimed Strip Mined Lands	1513.29	30720
Council to Advise on the Establishment and Implementation of the Birth Defects Information System	3705.34	30721
County Sheriffs' Standard Car-Marking and Uniform Commission	311.25	30722
Credit Union Council	1733.329	30723
Criminal Sentencing Advisory Committee	181.22	30724
Day-Care Advisory Council	5104.08	30725
Dentist Loan Repayment Advisory Board	3702.92	30726
Development Financing Advisory Council	122.40	30727
Education Commission of the States (Interstate Compact for Education)	3301.48	30728
Electrical Safety Inspector Advisory Committee	3783.08	30729
Emergency Response Commission	3750.02	30730
Engineering Experiment Station Advisory Committee	3335.27	30731
Environmental Education Council	3745.21	30732
EPA Advisory Boards or Councils	121.13	30733
Farmland Preservation Advisory Board	901.23	30734
Financial Planning & Supervision Commission for Municipal Corporation, County, or Township	118.05	30735
Financial Planning & Supervision Commission for School District	3316.05	30736
Forestry Advisory Council	1503.40	30737
Governance Authority for a State University or College	3345.75	30738
Governor's Advisory Council on Physical Fitness, Wellness, & Sports	3701.77	30739
Governor's Council on People with Disabilities	3303.41	30740
Governor's Residence Advisory Commission	107.40	30741
Great Lakes Commission (Great Lakes Basin Compact)	6161.01	30742
Gubernatorial Transition Committee	107.29	30743
Head Start Partnership Study Council	Section 41.35, H.B. 95, 125th GA	30744
Hemophilia Advisory Subcommittee	3701.0210	30745
Housing Trust Fund Advisory Committee	175.25	30746
Industrial Commission Nominating Council	4121.04	30747
Industrial Technology and Enterprise Advisory Council	122.29	30748
Infant Hearing Screening Subcommittee	3701.507	30749
Insurance Agent Education Advisory Council	3905.483	30750
Interagency Council on Hispanic/Latino Affairs	121.32(J)	30751
Interstate Mining Commission (Interstate Mining Compact)	1514.30	30752
Interstate Rail Passenger Advisory Council (Interstate High Speed Intercity Rail Passenger Network Compact)	4981.35	30753
Joint Council on ~~MR/DD~~ Developmental Disabilities	101.37	30754
Joint Select Committee on Volume Cap	133.021	30755
Labor-Management Government Advisory Council	4121.70	30756
Legal Rights Service Commission	5123.60	30757
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research	103.51	30758
Maternal and Child Health Council	3701.025	30759
Medically Handicapped Children's Medical Advisory Council	3701.025	30760
Midwest Interstate Passenger Rail Compact Commission (Ohio members)	4981.361	30761
Military Activation Task Force	5902.15	30762
Milk Sanitation Board	917.03	30763
Mine Subsidence Insurance Governing Board	3929.51	30764
Minority Development Financing Board	122.72	30765
Multi-Agency Radio Communications Systems Steering Committee	Sec. 21, H.B. 790, 120th GA	30766
Multidisciplinary Council	3746.03	30767
Muskingum River Advisory Council	1501.25	30768
National Museum of Afro-American History and Culture Planning Committee	149.303	30769
Ohio Advisory Council for the Aging	173.03	30770
Ohio Aerospace & Defense Advisory Council	122.98	30771
Ohio Arts Council	3379.02	30772
Ohio Business Gateway Steering Committee	5703.57	30773
Ohio Cemetery Dispute Resolution Commission	4767.05	30774
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils	4112.04(B)	30775
Ohio Commercial Insurance Joint Underwriting Association Board Of Governors	3930.03	30776
Ohio Commercial Market Assistance Plan Executive Committee	3930.02	30777
Ohio Commission on Dispute Resolution and Conflict Management	179.02	30778
Ohio Commission to Reform Medicaid	Section 59.29, H.B. 95, 125th GA	30779
Ohio Community Service Council	121.40	30780
Ohio Council for Interstate Adult Offender Supervision	5149.22	30781
Ohio Cultural Facilities Commission	3383.02	30782
Ohio Developmental Disabilities Council	5123.35	30783
Ohio Expositions Commission	991.02	30784
Ohio Family and Children First Cabinet Council	121.37	30785
Ohio Geology Advisory Council	1505.11	30786
Ohio Grape Industries Committee	924.51	30787
Ohio Hepatitis C Advisory Commission	3701.92	30788
Ohio Historic Site Preservation Advisory Board	149.301	30789
Ohio Historical Society Board of Trustees	149.30	30790
Ohio Judicial Conference	105.91	30791
Ohio Lake Erie Commission	1506.21	30792
Ohio Medical Malpractice Commission	Section 4, S.B. 281, 124th GA and Section 3, S.B. 86, 125th GA	30793
Ohio Medical Quality Foundation	3701.89	30794
Ohio Parks and Recreation Council	1541.40	30795
Ohio Peace Officer Training Commission	109.71	30796
Ohio Public Defender Commission	120.01	30797
Ohio Public Library Information Network Board	Sec. 69, H.B. 117, 121st GA, as amended by H.B. 284, 121st GA	30798
Ohio Quarter Horse Development Commission	3769.086	30799
Ohio Small Government Capital Improvements Commission	164.02	30800
Ohio Soil and Water Conservation Commission	1515.02	30801
Ohio Standardbred Development Commission	3769.085	30802
Ohio Steel Industry Advisory Council	122.97	30803
Ohio Teacher Education and Licensure Advisory Council	3319.28(D)	30804
Ohio Thoroughbred Racing Advisory Committee	3769.084	30805
Ohio Tuition Trust Authority	3334.03	30806
Ohio University College of Osteopathic Medicine Advisory Committee	3337.10	30807
Ohio Vendors Representative Committee	3304.34	30808
Ohio War Orphans Scholarship Board	5910.02	30809
Ohio Water Advisory Council	1521.031	30810
Ohio Water Resources Council	1521.19	30811
Ohioana Library Association, Martha Kinney Cooper Memorial	3375.62	30812
Oil and Gas Commission	1509.35	30813
Operating Committee, Agricultural Commodity Marketing Programs	924.07	30814
Organized Crime Investigations Commission	177.01	30815
Pharmacy and Therapeutics Committee of the Dept. of Job and Family Services	5111.81	30816
Physician Loan Repayment Advisory Board	3702.81	30817
Power Siting Board	4906.02	30818
Prequalification Review Board	5525.07	30819
Private Water Systems Advisory Council	3701.346	30820
Public Employment Risk Reduction Advisory Commission	4167.02	30821
Public Health Council	3701.33	30822
Public Utilities Commission Nominating Council	4901.021	30823
Public Utility Property Tax Study Committee	5727.85	30824
Radiation Advisory Council	3748.20	30825
Reclamation Commission	1513.05	30826
Recreation and Resources Commission	1501.04	30827
Recycling and Litter Prevention Advisory Council	1502.04	30828
Rehabilitation Services Commission Consumer Advisory Committee	3304.24	30829
Savings & Loans Associations & Savings Banks Board	1181.16	30830
Schools and Ministerial Lands Divestiture Committee	501.041	30831
Second Chance Trust Fund Advisory Committee	2108.17	30832
Small Business Stationary Source Technical and Environmental Compliance Assistance Council	3704.19	30833
Solid Waste Management Advisory Council	3734.51	30834
State Agency Coordinating Group	1521.19	30835
State Board of Emergency Medical Services Subcommittees	4765.04	30836
State Council of Uniform State Laws	105.21	30837
State Committee for the Purchase of Products and Services Provided by Persons with Severe Disabilities	4115.32	30838
State Criminal Sentencing Commission	181.21	30839
State Fire Commission	3737.81	30840
State Racing Commission	3769.02	30841
State Victims Assistance Advisory Committee	109.91	30842
Student Tuition Recovery Authority	3332.081	30843
Tax Credit Authority	122.17	30844
Technical Advisory Committee to Assist the Director of the Ohio Coal Development Office	1551.35	30845
Technical Advisory Council on Oil and Gas	1509.38	30846
Transportation Review Advisory Council	5512.07	30847
Unemployment Compensation Review Commission	4141.06	30848
Unemployment Compensation Advisory Council	4141.08	30849
Utility Radiological Safety Board	4937.02	30850
Vehicle Management Commission	125.833	30851
Veterans Advisory Committee	5902.02(K)	30852
Volunteer Fire Fighters' Dependents Fund Boards (Private and Public)	146.02	30853
Water and Sewer Commission	1525.11(C)	30854
Waterways Safety Council	1547.73	30855
Wildlife Council	1531.03	30856
Workers' Compensation Board of Directors Nominating Committee	4121.123	30857

Section 16. That existing Section 4 of Am. Sub. H.B. 516 of	30858
the 125th General Assembly, as most recently amended by Am. Sub.	30859
H.B. 100 of the 127th General Assembly, is hereby repealed.	30860

Section 17. The amendment of section 5120.07 of the Revised	30861
Code is not intended to supersede the earlier repeal, with delayed	30862
effective date, of that section.	30863

Section 18. The General Assembly, applying the principle	30864
stated in division (B) of section 1.52 of the Revised Code that	30865
amendments are to be harmonized if reasonably capable of	30866
simultaneous operation, finds that the following sections,	30867
presented in this act as composites of the sections as amended by	30868
the acts indicated, are the resulting versions of the sections in	30869
effect prior to the effective date of the sections as presented in	30870
this act:	30871

Section 109.57 of the Revised Code as amended by both Sub.	30872
H.B. 428 and Sub. S.B. 163 of the 127th General Assembly.	30873

Section 109.572 of the Revised Code as amended by Sub. H.B.	30874
195, Sub. H.B. 545, and Sub. S.B. 247, all of the 127th General	30875
Assembly.	30876

Section 109.77 of the Revised Code as amended by Am. Sub.	30877
H.B. 490, Sub. H.B. 545, and H.B. 675, all of the 124th General	30878
Assembly.	30879

Section 121.37 of the Revised Code as amended by both Sub.	30880
H.B. 289 and Am. Sub. H.B. 530 of the 126th General Assembly.	30881

Section 325.19 of the Revised Code as amended by both Sub.	30882
H.B. 187 and Sub. S.B. 126 of the 126th General Assembly.	30883

Section 1751.01 of the Revised Code as amended by both Am.	30884
Sub. H.B. 562 and Sub. S.B. 186 of the 127th General Assembly.	30885

Section 3109.18 of the Revised Code as amended by both Am.	30886
Sub. H.B. 11 and Sub. S.B. 66 of the 125th General Assembly.	30887

Section 5126.04 of the Revised Code as amended by both Am.	30888
Sub. H.B. 119 and Am. Sub. H.B. 214 of the 127th General Assembly.	30889

Section 5815.35 of the Revised Code as amended by both Sub.	30890
H.B. 332 and Sub. H.B. 499 of the 127th General Assembly.	30891