S. B. No. 367 As Introduced

As Introduced

130th General Assembly

Regular Session

2013-2014

S. B. No. 367

Senators Kearney, Lehner

Cosponsors: Senators Cafaro, Schiavoni, Gentile, Turner, Smith, Brown, Tavares

A BILL

To amend sections 1.02, 121.22, 121.37, 135.801,

145.012, 145.298, 149.431, 152.04, 173.25, 305.07,

307.02, 313.12, 325.07, 711.23, 1751.01, 1751.14,

2101.17, 2101.24, 2108.521, 2109.01, 2111.01,

2111.10, 2111.49, 2151.011, 2151.281, 2151.353,

2151.414, 2151.415, 2151.421, 2151.425, 2151.651,

2152.02, 2152.12, 2152.14, 2152.811, 2305.111,

2311.14, 2317.021, 2503.37, 2721.05, 2744.01,

2901.13, 2903.341, 2919.23, 2929.04, 2929.06,

2930.061, 2930.16, 2945.37, 2945.371, 2945.38,

2945.39, 2945.40, 2945.401, 2945.482, 2945.491,

2949.29, 2967.22, 3107.02, 3301.52, 3301.53,

3301.55, 3301.57, 3301.58, 3314.022, 3317.02,

3317.024, 3317.03, 3317.032, 3317.07, 3317.15,

3317.20, 3323.01, 3323.02, 3323.021, 3323.03,

3323.04, 3323.05, 3323.09, 3323.091, 3323.12,

3323.141, 3323.142, 3707.20, 3721.01, 3763.06,

3791.031, 3923.24, 3923.241, 4112.01, 4303.272,

4399.05, 4723.071, 4757.41, 4971.16, 5101.46,

5101.611, 5103.02, 5119.44, 5120.051, 5120.11,

5120.17, 5120.173, 5121.04, 5122.01, 5123.01,

5123.012, 5123.014, 5123.02, 5123.03, 5123.033,

5123.04, 5123.044, 5123.0410, 5123.0412,

5123.0413, 5123.0418, 5123.081, 5123.092,

5123.093, 5123.122, 5123.165, 5123.169, 5123.17,

5123.171, 5123.18, 5123.19, 5123.196, 5123.20,

5123.27, 5123.34, 5123.351, 5123.36, 5123.37,

5123.374, 5123.375, 5123.40, 5123.41, 5123.42,

5123.421, 5123.422, 5123.43, 5123.44, 5123.441,

5123.45, 5123.451, 5123.47, 5123.50, 5123.51,

5123.52, 5123.541, 5123.542, 5123.55, 5123.57,

5123.58, 5123.601, 5123.61, 5123.611, 5123.612,

5123.614, 5123.62, 5123.63, 5123.64, 5123.65,

5123.651, 5123.67, 5123.69, 5123.701, 5123.71,

5123.74, 5123.75, 5123.76, 5123.79, 5123.80,

5123.81, 5123.82, 5123.83, 5123.84, 5123.85,

5123.86, 5123.87, 5123.88, 5123.89, 5123.91,

5123.92, 5123.93, 5123.95, 5123.96, 5123.99,

5126.01, 5126.022, 5126.023, 5126.04, 5126.041,

5126.042, 5126.043, 5126.046, 5126.05, 5126.051,

5126.054, 5126.055, 5126.058, 5126.059, 5126.0510,

5126.08, 5126.082, 5126.11, 5126.15, 5126.22,

5126.25, 5126.30, 5126.31, 5126.33, 5126.333,

5126.40, 5126.46, 5126.49, 5126.52, 5126.55,

5126.58, 5139.06, 5139.08, 5139.27, 5139.39,

5139.54, 5164.25, 5164.342, 5164.881, 5165.01,

5166.20, 5166.22, 5168.68, 5301.22, 5305.17,

5307.19, 5310.12, 5705.05, 5705.091, 5705.19,

5705.222, 5709.40, 5709.73, 5709.78, 5711.07,

5747.03, 5815.28, and 5815.35 of the Revised Code

to replace "mental retardation" and similar terms

with "intellectual disability" and similar terms,

to specify that an intellectual disability is a

form of developmental disability, and to amend the

version of section 2101.24 of the Revised Code

that is scheduled to take effect March 20, 2015,

to continue the provisions of this act on and

after that effective date.

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

Section 1. That sections 1.02, 121.22, 121.37, 135.801,	59
145.012, 145.298, 149.431, 152.04, 173.25, 305.07, 307.02, 313.12,	60
325.07, 711.23, 1751.01, 1751.14, 2101.17, 2101.24, 2108.521,	61
2109.01, 2111.01, 2111.10, 2111.49, 2151.011, 2151.281, 2151.353,	62
2151.414, 2151.415, 2151.421, 2151.425, 2151.651, 2152.02,	63
2152.12, 2152.14, 2152.811, 2305.111, 2311.14, 2317.021, 2503.37,	64
2721.05, 2744.01, 2901.13, 2903.341, 2919.23, 2929.04, 2929.06,	65
2930.061, 2930.16, 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,	66
2945.401, 2945.482, 2945.491, 2949.29, 2967.22, 3107.02, 3301.52,	67
3301.53, 3301.55, 3301.57, 3301.58, 3314.022, 3317.02, 3317.024,	68
3317.03, 3317.032, 3317.07, 3317.15, 3317.20, 3323.01, 3323.02,	69
3323.021, 3323.03, 3323.04, 3323.05, 3323.09, 3323.091, 3323.12,	70
3323.141, 3323.142, 3707.20, 3721.01, 3763.06, 3791.031, 3923.24,	71
3923.241, 4112.01, 4303.272, 4399.05, 4723.071, 4757.41, 4971.16,	72
5101.46, 5101.611, 5103.02, 5119.44, 5120.051, 5120.11, 5120.17,	73
5120.173, 5121.04, 5122.01, 5123.01, 5123.012, 5123.014, 5123.02,	74
5123.03, 5123.033, 5123.04, 5123.044, 5123.0410, 5123.0412,	75
5123.0413, 5123.0418, 5123.081, 5123.092, 5123.093, 5123.122,	76
5123.165, 5123.169, 5123.17, 5123.171, 5123.18, 5123.19, 5123.196,	77
5123.20, 5123.27, 5123.34, 5123.351, 5123.36, 5123.37, 5123.374,	78
5123.375, 5123.40, 5123.41, 5123.42, 5123.421, 5123.422, 5123.43,	79
5123.44, 5123.441, 5123.45, 5123.451, 5123.47, 5123.50, 5123.51,	80
5123.52, 5123.541, 5123.542, 5123.55, 5123.57, 5123.58, 5123.601,	81
5123.61, 5123.611, 5123.612, 5123.614, 5123.62, 5123.63, 5123.64,	82
5123.65, 5123.651, 5123.67, 5123.69, 5123.701, 5123.71, 5123.74,	83
5123.75, 5123.76, 5123.79, 5123.80, 5123.81, 5123.82, 5123.83,	84
5123.84, 5123.85, 5123.86, 5123.87, 5123.88, 5123.89, 5123.91,	85
5123.92, 5123.93, 5123.95, 5123.96, 5123.99, 5126.01, 5126.022,	86
5126.023, 5126.04, 5126.041, 5126.042, 5126.043, 5126.046,	87
5126.05, 5126.051, 5126.054, 5126.055, 5126.058, 5126.059,	88
5126.0510, 5126.08, 5126.082, 5126.11, 5126.15, 5126.22, 5126.25,	89
5126.30, 5126.31, 5126.33, 5126.333, 5126.40, 5126.46, 5126.49,	90
5126.52, 5126.55, 5126.58, 5139.06, 5139.08, 5139.27, 5139.39,	91
5139.54, 5164.25, 5164.342, 5164.881, 5165.01, 5166.20, 5166.22,	92
5168.68, 5301.22, 5305.17, 5307.19, 5310.12, 5705.05, 5705.091,	93
5705.19, 5705.222, 5709.40, 5709.73, 5709.78, 5711.07, 5747.03,	94
5815.28, and 5815.35 of the Revised Code be amended to read as	95
follows:	96

Sec. 1.02. As used in the Revised Code, unless the context	97
otherwise requires:	98

(A) "Whoever" includes all persons, natural and artificial;	99
partners; principals, agents, and employees; and all officials,	100
public or private.	101

(B) "Another," when used to designate the owner of property	102
which is the subject of an offense, includes not only natural	103
persons but also every other owner of property.	104

(C) "Of unsound mind" includes all forms of ~~mental~~	105
~~retardation or~~ derangement or intellectual disability.	106

(D) "Bond" includes an undertaking.

107

(E) "Undertaking" includes a bond.

108

(F) "And" may be read "or," and "or" may be read "and" if the	109
sense requires it.	110

(G) "Registered mail" includes certified mail and "certified	111
mail" includes registered mail.	112

Sec. 121.22. (A) This section shall be liberally construed	113
to require public officials to take official action and to conduct	114
all deliberations upon official business only in open meetings	115
unless the subject matter is specifically excepted by law.	116

(B) As used in this section:

117

(1) "Public body" means any of the following:

118

(a) Any board, commission, committee, council, or similar	119
decision-making body of a state agency, institution, or authority,	120
and any legislative authority or board, commission, committee,	121
council, agency, authority, or similar decision-making body of any	122
county, township, municipal corporation, school district, or other	123
political subdivision or local public institution;	124

(b) Any committee or subcommittee of a body described in	125
division (B)(1)(a) of this section;	126

(c) A court of jurisdiction of a sanitary district organized	127
wholly for the purpose of providing a water supply for domestic,	128
municipal, and public use when meeting for the purpose of the	129
appointment, removal, or reappointment of a member of the board of	130
directors of such a district pursuant to section 6115.10 of the	131
Revised Code, if applicable, or for any other matter related to	132
such a district other than litigation involving the district. As	133
used in division (B)(1)(c) of this section, "court of	134
jurisdiction" has the same meaning as "court" in section 6115.01	135
of the Revised Code.	136

(2) "Meeting" means any prearranged discussion of the public	137
business of the public body by a majority of its members.	138

(3) "Regulated individual" means either of the following:

139

(a) A student in a state or local public educational	140
institution;	141

(b) A person who is, voluntarily or involuntarily, an inmate,	142
patient, or resident of a state or local institution because of	143
criminal behavior, mental illness ~~or retardation~~, a developmental	144
disability that is an intellectual disability, disease,	145
disability, age, or other condition requiring custodial care.	146

(4) "Public office" has the same meaning as in section	147
149.011 of the Revised Code.	148

(C) All meetings of any public body are declared to be public	149
meetings open to the public at all times. A member of a public	150
body shall be present in person at a meeting open to the public to	151
be considered present or to vote at the meeting and for purposes	152
of determining whether a quorum is present at the meeting.	153

The minutes of a regular or special meeting of any public	154
body shall be promptly prepared, filed, and maintained and shall	155
be open to public inspection. The minutes need only reflect the	156
general subject matter of discussions in executive sessions	157
authorized under division (G) or (J) of this section.	158

(D) This section does not apply to any of the following:

159

(1) A grand jury;

160

(2) An audit conference conducted by the auditor of state or	161
independent certified public accountants with officials of the	162
public office that is the subject of the audit;	163

(3) The adult parole authority when its hearings are	164
conducted at a correctional institution for the sole purpose of	165
interviewing inmates to determine parole or pardon;	166

(4) The organized crime investigations commission established	167
under section 177.01 of the Revised Code;	168

(5) Meetings of a child fatality review board established	169
under section 307.621 of the Revised Code and meetings conducted	170
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	171

(6) The state medical board when determining whether to	172
suspend a certificate without a prior hearing pursuant to division	173
(G) of either section 4730.25 or 4731.22 of the Revised Code;	174

(7) The board of nursing when determining whether to suspend	175
a license or certificate without a prior hearing pursuant to	176
division (B) of section 4723.281 of the Revised Code;	177

(8) The state board of pharmacy when determining whether to	178
suspend a license without a prior hearing pursuant to division (D)	179
of section 4729.16 of the Revised Code;	180

(9) The state chiropractic board when determining whether to	181
suspend a license without a hearing pursuant to section 4734.37 of	182
the Revised Code;	183

(10) The executive committee of the emergency response	184
commission when determining whether to issue an enforcement order	185
or request that a civil action, civil penalty action, or criminal	186
action be brought to enforce Chapter 3750. of the Revised Code;	187

(11) The board of directors of the nonprofit corporation	188
formed under section 187.01 of the Revised Code or any committee	189
thereof, and the board of directors of any subsidiary of that	190
corporation or a committee thereof;	191

(12) An audit conference conducted by the audit staff of the	192
department of job and family services with officials of the public	193
office that is the subject of that audit under section 5101.37 of	194
the Revised Code;	195

(13) The occupational therapy section of the occupational	196
therapy, physical therapy, and athletic trainers board when	197
determining whether to suspend a license or limited permit without	198
a hearing pursuant to division (D) of section 4755.11 of the	199
Revised Code;	200

(14) The physical therapy section of the occupational	201
therapy, physical therapy, and athletic trainers board when	202
determining whether to suspend a license without a hearing	203
pursuant to division (E) of section 4755.47 of the Revised Code;	204

(15) The athletic trainers section of the occupational	205
therapy, physical therapy, and athletic trainers board when	206
determining whether to suspend a license without a hearing	207
pursuant to division (D) of section 4755.64 of the Revised Code.	208

(E) The controlling board, the tax credit authority, or the	209
minority development financing advisory board, when meeting to	210
consider granting assistance pursuant to Chapter 122. or 166. of	211
the Revised Code, in order to protect the interest of the	212
applicant or the possible investment of public funds, by unanimous	213
vote of all board or authority members present, may close the	214
meeting during consideration of the following information	215
confidentially received by the authority or board from the	216
applicant:	217

(1) Marketing plans;

218

(2) Specific business strategy;

219

(3) Production techniques and trade secrets;

220

(4) Financial projections;

221

(5) Personal financial statements of the applicant or members	222
of the applicant's immediate family, including, but not limited	223
to, tax records or other similar information not open to public	224
inspection.	225

The vote by the authority or board to accept or reject the	226
application, as well as all proceedings of the authority or board	227
not subject to this division, shall be open to the public and	228
governed by this section.	229

(F) Every public body, by rule, shall establish a reasonable	230
method whereby any person may determine the time and place of all	231
regularly scheduled meetings and the time, place, and purpose of	232
all special meetings. A public body shall not hold a special	233
meeting unless it gives at least twenty-four hours' advance notice	234
to the news media that have requested notification, except in the	235
event of an emergency requiring immediate official action. In the	236
event of an emergency, the member or members calling the meeting	237
shall notify the news media that have requested notification	238
immediately of the time, place, and purpose of the meeting.	239

The rule shall provide that any person, upon request and	240
payment of a reasonable fee, may obtain reasonable advance	241
notification of all meetings at which any specific type of public	242
business is to be discussed. Provisions for advance notification	243
may include, but are not limited to, mailing the agenda of	244
meetings to all subscribers on a mailing list or mailing notices	245
in self-addressed, stamped envelopes provided by the person.	246

(G) Except as provided in divisions (G)(8) and (J) of this	247
section, the members of a public body may hold an executive	248
session only after a majority of a quorum of the public body	249
determines, by a roll call vote, to hold an executive session and	250
only at a regular or special meeting for the sole purpose of the	251
consideration of any of the following matters:	252

(1) To consider the appointment, employment, dismissal,	253
discipline, promotion, demotion, or compensation of a public	254
employee or official, or the investigation of charges or	255
complaints against a public employee, official, licensee, or	256
regulated individual, unless the public employee, official,	257
licensee, or regulated individual requests a public hearing.	258
Except as otherwise provided by law, no public body shall hold an	259
executive session for the discipline of an elected official for	260
conduct related to the performance of the elected official's	261
official duties or for the elected official's removal from office.	262
If a public body holds an executive session pursuant to division	263
(G)(1) of this section, the motion and vote to hold that executive	264
session shall state which one or more of the approved purposes	265
listed in division (G)(1) of this section are the purposes for	266
which the executive session is to be held, but need not include	267
the name of any person to be considered at the meeting.	268

(2) To consider the purchase of property for public purposes,	269
or for the sale of property at competitive bidding, if premature	270
disclosure of information would give an unfair competitive or	271
bargaining advantage to a person whose personal, private interest	272
is adverse to the general public interest. No member of a public	273
body shall use division (G)(2) of this section as a subterfuge for	274
providing covert information to prospective buyers or sellers. A	275
purchase or sale of public property is void if the seller or buyer	276
of the public property has received covert information from a	277
member of a public body that has not been disclosed to the general	278
public in sufficient time for other prospective buyers and sellers	279
to prepare and submit offers.	280

If the minutes of the public body show that all meetings and	281
deliberations of the public body have been conducted in compliance	282
with this section, any instrument executed by the public body	283
purporting to convey, lease, or otherwise dispose of any right,	284
title, or interest in any public property shall be conclusively	285
presumed to have been executed in compliance with this section	286
insofar as title or other interest of any bona fide purchasers,	287
lessees, or transferees of the property is concerned.	288

(3) Conferences with an attorney for the public body	289
concerning disputes involving the public body that are the subject	290
of pending or imminent court action;	291

(4) Preparing for, conducting, or reviewing negotiations or	292
bargaining sessions with public employees concerning their	293
compensation or other terms and conditions of their employment;	294

(5) Matters required to be kept confidential by federal law	295
or regulations or state statutes;	296

(6) Details relative to the security arrangements and	297
emergency response protocols for a public body or a public office,	298
if disclosure of the matters discussed could reasonably be	299
expected to jeopardize the security of the public body or public	300
office;	301

(7) In the case of a county hospital operated pursuant to	302
Chapter 339. of the Revised Code, a joint township hospital	303
operated pursuant to Chapter 513. of the Revised Code, or a	304
municipal hospital operated pursuant to Chapter 749. of the	305
Revised Code, to consider trade secrets, as defined in section	306
1333.61 of the Revised Code;	307

(8) To consider confidential information related to the	308
marketing plans, specific business strategy, production	309
techniques, trade secrets, or personal financial statements of an	310
applicant for economic development assistance, or to negotiations	311
with other political subdivisions respecting requests for economic	312
development assistance, provided that both of the following	313
conditions apply:	314

~~(1)~~(a) The information is directly related to a request for	315
economic development assistance that is to be provided or	316
administered under any provision of Chapter 715., 725., 1724., or	317
1728. or sections 701.07, 3735.67 to 3735.70, 5709.40 to 5709.43,	318
5709.61 to 5709.69, 5709.73 to 5709.75, or 5709.77 to 5709.81 of	319
the Revised Code, or that involves public infrastructure	320
improvements or the extension of utility services that are	321
directly related to an economic development project.	322

~~(2)~~(b) A unanimous quorum of the public body determines, by a	323
roll call vote, that the executive session is necessary to protect	324
the interests of the applicant or the possible investment or	325
expenditure of public funds to be made in connection with the	326
economic development project.	327

If a public body holds an executive session to consider any	328
of the matters listed in divisions (G)(2) to (8) of this section,	329
the motion and vote to hold that executive session shall state	330
which one or more of the approved matters listed in those	331
divisions are to be considered at the executive session.	332

A public body specified in division (B)(1)(c) of this section	333
shall not hold an executive session when meeting for the purposes	334
specified in that division.	335

(H) A resolution, rule, or formal action of any kind is	336
invalid unless adopted in an open meeting of the public body. A	337
resolution, rule, or formal action adopted in an open meeting that	338
results from deliberations in a meeting not open to the public is	339
invalid unless the deliberations were for a purpose specifically	340
authorized in division (G) or (J) of this section and conducted at	341
an executive session held in compliance with this section. A	342
resolution, rule, or formal action adopted in an open meeting is	343
invalid if the public body that adopted the resolution, rule, or	344
formal action violated division (F) of this section.	345

(I)(1) Any person may bring an action to enforce this	346
section. An action under division (I)(1) of this section shall be	347
brought within two years after the date of the alleged violation	348
or threatened violation. Upon proof of a violation or threatened	349
violation of this section in an action brought by any person, the	350
court of common pleas shall issue an injunction to compel the	351
members of the public body to comply with its provisions.	352

(2)(a) If the court of common pleas issues an injunction	353
pursuant to division (I)(1) of this section, the court shall order	354
the public body that it enjoins to pay a civil forfeiture of five	355
hundred dollars to the party that sought the injunction and shall	356
award to that party all court costs and, subject to reduction as	357
described in division (I)(2) of this section, reasonable	358
attorney's fees. The court, in its discretion, may reduce an award	359
of attorney's fees to the party that sought the injunction or not	360
award attorney's fees to that party if the court determines both	361
of the following:	362

(i) That, based on the ordinary application of statutory law	363
and case law as it existed at the time of violation or threatened	364
violation that was the basis of the injunction, a well-informed	365
public body reasonably would believe that the public body was not	366
violating or threatening to violate this section;	367

(ii) That a well-informed public body reasonably would	368
believe that the conduct or threatened conduct that was the basis	369
of the injunction would serve the public policy that underlies the	370
authority that is asserted as permitting that conduct or	371
threatened conduct.	372

(b) If the court of common pleas does not issue an injunction	373
pursuant to division (I)(1) of this section and the court	374
determines at that time that the bringing of the action was	375
frivolous conduct, as defined in division (A) of section 2323.51	376
of the Revised Code, the court shall award to the public body all	377
court costs and reasonable attorney's fees, as determined by the	378
court.	379

(3) Irreparable harm and prejudice to the party that sought	380
the injunction shall be conclusively and irrebuttably presumed	381
upon proof of a violation or threatened violation of this section.	382

(4) A member of a public body who knowingly violates an	383
injunction issued pursuant to division (I)(1) of this section may	384
be removed from office by an action brought in the court of common	385
pleas for that purpose by the prosecuting attorney or the attorney	386
general.	387

(J)(1) Pursuant to division (C) of section 5901.09 of the	388
Revised Code, a veterans service commission shall hold an	389
executive session for one or more of the following purposes unless	390
an applicant requests a public hearing:	391

(a) Interviewing an applicant for financial assistance under	392
sections 5901.01 to 5901.15 of the Revised Code;	393

(b) Discussing applications, statements, and other documents	394
described in division (B) of section 5901.09 of the Revised Code;	395

(c) Reviewing matters relating to an applicant's request for	396
financial assistance under sections 5901.01 to 5901.15 of the	397
Revised Code.	398

(2) A veterans service commission shall not exclude an	399
applicant for, recipient of, or former recipient of financial	400
assistance under sections 5901.01 to 5901.15 of the Revised Code,	401
and shall not exclude representatives selected by the applicant,	402
recipient, or former recipient, from a meeting that the commission	403
conducts as an executive session that pertains to the applicant's,	404
recipient's, or former recipient's application for financial	405
assistance.	406

(3) A veterans service commission shall vote on the grant or	407
denial of financial assistance under sections 5901.01 to 5901.15	408
of the Revised Code only in an open meeting of the commission. The	409
minutes of the meeting shall indicate the name, address, and	410
occupation of the applicant, whether the assistance was granted or	411
denied, the amount of the assistance if assistance is granted, and	412
the votes for and against the granting of assistance.	413

Sec. 121.37. (A)(1) There is hereby created the Ohio family	414
and children first cabinet council. The council shall be composed	415
of the superintendent of public instruction, the executive	416
director of the opportunities for Ohioans with disabilities	417
agency, the medicaid director, and the directors of youth	418
services, job and family services, mental health and addiction	419
services, health, developmental disabilities, aging,	420
rehabilitation and correction, and budget and management. The	421
chairperson of the council shall be the governor or the governor's	422
designee and shall establish procedures for the council's internal	423
control and management.	424

The purpose of the cabinet council is to help families	425
seeking government services. This section shall not be interpreted	426
or applied to usurp the role of parents, but solely to streamline	427
and coordinate existing government services for families seeking	428
assistance for their children.	429

(2) In seeking to fulfill its purpose, the council may do any	430
of the following:	431

(a) Advise and make recommendations to the governor and	432
general assembly regarding the provision of services to children;	433

(b) Advise and assess local governments on the coordination	434
of service delivery to children;	435

(c) Hold meetings at such times and places as may be	436
prescribed by the council's procedures and maintain records of the	437
meetings, except that records identifying individual children are	438
confidential and shall be disclosed only as provided by law;	439

(d) Develop programs and projects, including pilot projects,	440
to encourage coordinated efforts at the state and local level to	441
improve the state's social service delivery system;	442

(e) Enter into contracts with and administer grants to county	443
family and children first councils, as well as other county or	444
multicounty organizations to plan and coordinate service delivery	445
between state agencies and local service providers for families	446
and children;	447

(f) Enter into contracts with and apply for grants from	448
federal agencies or private organizations;	449

(g) Enter into interagency agreements to encourage	450
coordinated efforts at the state and local level to improve the	451
state's social service delivery system. The agreements may include	452
provisions regarding the receipt, transfer, and expenditure of	453
funds;	454

(h) Identify public and private funding sources for services	455
provided to alleged or adjudicated unruly children and children	456
who are at risk of being alleged or adjudicated unruly children,	457
including regulations governing access to and use of the services;	458

(i) Collect information provided by local communities	459
regarding successful programs for prevention, intervention, and	460
treatment of unruly behavior, including evaluations of the	461
programs;	462

(j) Identify and disseminate publications regarding alleged	463
or adjudicated unruly children and children who are at risk of	464
being alleged or adjudicated unruly children and regarding	465
programs serving those types of children;	466

(k) Maintain an inventory of strategic planning facilitators	467
for use by government or nonprofit entities that serve alleged or	468
adjudicated unruly children or children who are at risk of being	469
alleged or adjudicated unruly children.	470

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

471

(a) Reviews of service and treatment plans for children for	472
which such reviews are requested;	473

(b) Assistance as the council determines to be necessary to	474
meet the needs of children referred by county family and children	475
first councils;	476

(c) Monitoring and supervision of a statewide, comprehensive,	477
coordinated, multi-disciplinary, interagency system for infants	478
and toddlers with developmental disabilities or delays and their	479
families, as established pursuant to federal grants received and	480
administered by the department of health for early intervention	481
services under the "Individuals with Disabilities Education Act of	482
2004," 118 Stat. 2744, 20 U.S.C.A. 1400, as amended.	483

(4) The cabinet council shall develop and implement the	484
following:	485

(a) An interagency process to select the indicators that will	486
be used to measure progress toward increasing child well-being in	487
the state and to update the indicators on an annual basis. The	488
indicators shall focus on expectant parents and newborns thriving;	489
infants and toddlers thriving; children being ready for school;	490
children and youth succeeding in school; youth choosing healthy	491
behaviors; and youth successfully transitioning into adulthood.	492

(b) An interagency system to offer guidance and monitor	493
progress toward increasing child well-being in the state and in	494
each county;	495

(c) An annual plan that identifies state-level agency efforts	496
taken to ensure progress towards increasing child well-being in	497
the state.	498

On an annual basis, the cabinet council shall submit to the	499
governor and the general assembly a report on the status of	500
efforts to increase child well-being in the state. This report	501
shall be made available to any other person on request.	502

(B)(1) Each board of county commissioners shall establish a	503
county family and children first council. The board may invite any	504
local public or private agency or group that funds, advocates, or	505
provides services to children and families to have a	506
representative become a permanent or temporary member of its	507
county council. Each county council must include the following	508
individuals:	509

(a) At least three individuals who are not employed by an	510
agency represented on the council and whose families are or have	511
received services from an agency represented on the council or	512
another county's council. Where possible, the number of members	513
representing families shall be equal to twenty per cent of the	514
council's membership.	515

(b) The director of the board of alcohol, drug addiction, and	516
mental health services that serves the county, or, in the case of	517
a county that has a board of alcohol and drug addiction services	518
and a community mental health board, the directors of both boards.	519
If a board of alcohol, drug addiction, and mental health services	520
covers more than one county, the director may designate a person	521
to participate on the county's council.	522

(c) The health commissioner, or the commissioner's designee,	523
of the board of health of each city and general health district in	524
the county. If the county has two or more health districts, the	525
health commissioner membership may be limited to the commissioners	526
of the two districts with the largest populations.	527

(d) The director of the county department of job and family	528
services;	529

(e) The executive director of the public children services	530
agency;	531

(f) The superintendent of the county board of developmental	532
disabilities or, if the superintendent serves as superintendent of	533
more than one county board of developmental disabilities, the	534
superintendent's designee;	535

(g) The superintendent of the city, exempted village, or	536
local school district with the largest number of pupils residing	537
in the county, as determined by the department of education, which	538
shall notify each board of county commissioners of its	539
determination at least biennially;	540

(h) A school superintendent representing all other school	541
districts with territory in the county, as designated at a	542
biennial meeting of the superintendents of those districts;	543

(i) A representative of the municipal corporation with the	544
largest population in the county;	545

(j) The president of the board of county commissioners or an	546
individual designated by the board;	547

(k) A representative of the regional office of the department	548
of youth services;	549

(l) A representative of the county's head start agencies, as	550
defined in section 3301.32 of the Revised Code;	551

(m) A representative of the county's early intervention	552
collaborative established pursuant to the federal early	553
intervention program operated under the "Individuals with	554
Disabilities Education Act of 2004";	555

(n) A representative of a local nonprofit entity that funds,	556
advocates, or provides services to children and families.	557

Notwithstanding any other provision of law, the public	558
members of a county council are not prohibited from serving on the	559
council and making decisions regarding the duties of the council,	560
including those involving the funding of joint projects and those	561
outlined in the county's service coordination mechanism	562
implemented pursuant to division (C) of this section.	563

The cabinet council shall establish a state appeals process	564
to resolve disputes among the members of a county council	565
concerning whether reasonable responsibilities as members are	566
being shared. The appeals process may be accessed only by a	567
majority vote of the council members who are required to serve on	568
the council. Upon appeal, the cabinet council may order that state	569
funds for services to children and families be redirected to a	570
county's board of county commissioners.	571

The county's juvenile court judge senior in service or	572
another judge of the juvenile court designated by the	573
administrative judge or, where there is no administrative judge,	574
by the judge senior in service shall serve as the judicial advisor	575
to the county family and children first council. The judge may	576
advise the county council on the court's utilization of resources,	577
services, or programs provided by the entities represented by the	578
members of the county council and how those resources, services,	579
or programs assist the court in its administration of justice.	580
Service of a judge as a judicial advisor pursuant to this section	581
is a judicial function.	582

(2) The purpose of the county council is to streamline and	583
coordinate existing government services for families seeking	584
services for their children. In seeking to fulfill its purpose, a	585
county council shall provide for the following:	586

(a) Referrals to the cabinet council of those children for	587
whom the county council cannot provide adequate services;	588

(b) Development and implementation of a process that annually	589
evaluates and prioritizes services, fills service gaps where	590
possible, and invents new approaches to achieve better results for	591
families and children;	592

(c) Participation in the development of a countywide,	593
comprehensive, coordinated, multi-disciplinary, interagency system	594
for infants and toddlers with developmental disabilities or delays	595
and their families, as established pursuant to federal grants	596
received and administered by the department of health for early	597
intervention services under the "Individuals with Disabilities	598
Education Act of 2004";	599

(d) Maintenance of an accountability system to monitor the	600
county council's progress in achieving results for families and	601
children;	602

(e) Establishment of a mechanism to ensure ongoing input from	603
a broad representation of families who are receiving services	604
within the county system.	605

(3) A county council shall develop and implement the	606
following:	607

(a) An interagency process to establish local indicators and	608
monitor the county's progress toward increasing child well-being	609
in the county;	610

(b) An interagency process to identify local priorities to	611
increase child well-being. The local priorities shall focus on	612
expectant parents and newborns thriving; infants and toddlers	613
thriving; children being ready for school; children and youth	614
succeeding in school; youth choosing healthy behaviors; and youth	615
successfully transitioning into adulthood and take into account	616
the indicators established by the cabinet council under division	617
(A)(4)(a) of this section.	618

(c) An annual plan that identifies the county's interagency	619
efforts to increase child well-being in the county.	620

On an annual basis, the county council shall submit a report	621
on the status of efforts by the county to increase child	622
well-being in the county to the county's board of county	623
commissioners and the cabinet council. This report shall be made	624
available to any other person on request.	625

(4)(a) Except as provided in division (B)(4)(b) of this	626
section, a county council shall comply with the policies,	627
procedures, and activities prescribed by the rules or interagency	628
agreements of a state department participating on the cabinet	629
council whenever the county council performs a function subject to	630
those rules or agreements.	631

(b) On application of a county council, the cabinet council	632
may grant an exemption from any rules or interagency agreements of	633
a state department participating on the council if an exemption is	634
necessary for the council to implement an alternative program or	635
approach for service delivery to families and children. The	636
application shall describe the proposed program or approach and	637
specify the rules or interagency agreements from which an	638
exemption is necessary. The cabinet council shall approve or	639
disapprove the application in accordance with standards and	640
procedures it shall adopt. If an application is approved, the	641
exemption is effective only while the program or approach is being	642
implemented, including a reasonable period during which the	643
program or approach is being evaluated for effectiveness.	644

(5)(a) Each county council shall designate an administrative	645
agent for the council from among the following public entities:	646
the board of alcohol, drug addiction, and mental health services,	647
including a board of alcohol and drug addiction or a community	648
mental health board if the county is served by separate boards;	649
the board of county commissioners; any board of health of the	650
county's city and general health districts; the county department	651
of job and family services; the county agency responsible for the	652
administration of children services pursuant to section 5153.15 of	653
the Revised Code; the county board of developmental disabilities;	654
any of the county's boards of education or governing boards of	655
educational service centers; or the county's juvenile court. Any	656
of the foregoing public entities, other than the board of county	657
commissioners, may decline to serve as the council's	658
administrative agent.	659

A county council's administrative agent shall serve as the	660
council's appointing authority for any employees of the council.	661
The council shall file an annual budget with its administrative	662
agent, with copies filed with the county auditor and with the	663
board of county commissioners, unless the board is serving as the	664
council's administrative agent. The council's administrative agent	665
shall ensure that all expenditures are handled in accordance with	666
policies, procedures, and activities prescribed by state	667
departments in rules or interagency agreements that are applicable	668
to the council's functions.	669

The administrative agent of a county council shall send	670
notice of a member's absence if a member listed in division (B)(1)	671
of this section has been absent from either three consecutive	672
meetings of the county council or a county council subcommittee,	673
or from one-quarter of such meetings in a calendar year, whichever	674
is less. The notice shall be sent to the board of county	675
commissioners that establishes the county council and, for the	676
members listed in divisions (B)(1)(b), (c), (e), and (l) of this	677
section, to the governing board overseeing the respective entity;	678
for the member listed in division (B)(1)(f) of this section, to	679
the county board of developmental disabilities that employs the	680
superintendent; for a member listed in division (B)(1)(g) or (h)	681
of this section, to the school board that employs the	682
superintendent; for the member listed in division (B)(1)(i) of	683
this section, to the mayor of the municipal corporation; for the	684
member listed in division (B)(1)(k) of this section, to the	685
director of youth services; and for the member listed in division	686
(B)(1)(n) of this section, to that member's board of trustees.	687

The administrative agent for a county council may do any of	688
the following on behalf of the council:	689

(i) Enter into agreements or administer contracts with public	690
or private entities to fulfill specific council business. Such	691
agreements and contracts are exempt from the competitive bidding	692
requirements of section 307.86 of the Revised Code if they have	693
been approved by the county council and they are for the purchase	694
of family and child welfare or child protection services or other	695
social or job and family services for families and children. The	696
approval of the county council is not required to exempt	697
agreements or contracts entered into under section 5139.34,	698
5139.41, or 5139.43 of the Revised Code from the competitive	699
bidding requirements of section 307.86 of the Revised Code.	700

(ii) As determined by the council, provide financial	701
stipends, reimbursements, or both, to family representatives for	702
expenses related to council activity;	703

(iii) Receive by gift, grant, devise, or bequest any moneys,	704
lands, or other property for the purposes for which the council is	705
established. The agent shall hold, apply, and dispose of the	706
moneys, lands, or other property according to the terms of the	707
gift, grant, devise, or bequest. Any interest or earnings shall be	708
treated in the same manner and are subject to the same terms as	709
the gift, grant, devise, or bequest from which it accrues.	710

(b)(i) If the county council designates the board of county	711
commissioners as its administrative agent, the board may, by	712
resolution, delegate any of its powers and duties as	713
administrative agent to an executive committee the board	714
establishes from the membership of the county council. The board	715
shall name to the executive committee at least the individuals	716
described in divisions (B)(1)(b) to (h) of this section and may	717
appoint the president of the board or another individual as the	718
chair of the executive committee. The executive committee must	719
include at least one family county council representative who does	720
not have a family member employed by an agency represented on the	721
council.	722

(ii) The executive committee may, with the approval of the	723
board, hire an executive director to assist the county council in	724
administering its powers and duties. The executive director shall	725
serve in the unclassified civil service at the pleasure of the	726
executive committee. The executive director may, with the approval	727
of the executive committee, hire other employees as necessary to	728
properly conduct the county council's business.	729

(iii) The board may require the executive committee to submit	730
an annual budget to the board for approval and may amend or repeal	731
the resolution that delegated to the executive committee its	732
authority as the county council's administrative agent.	733

(6) Two or more county councils may enter into an agreement	734
to administer their county councils jointly by creating a regional	735
family and children first council. A regional council possesses	736
the same duties and authority possessed by a county council,	737
except that the duties and authority apply regionally rather than	738
to individual counties. Prior to entering into an agreement to	739
create a regional council, the members of each county council to	740
be part of the regional council shall meet to determine whether	741
all or part of the members of each county council will serve as	742
members of the regional council.	743

(7) A board of county commissioners may approve a resolution	744
by a majority vote of the board's members that requires the county	745
council to submit a statement to the board each time the council	746
proposes to enter into an agreement, adopt a plan, or make a	747
decision, other than a decision pursuant to section 121.38 of the	748
Revised Code, that requires the expenditure of funds for two or	749
more families. The statement shall describe the proposed	750
agreement, plan, or decision.	751

Not later than fifteen days after the board receives the	752
statement, it shall, by resolution approved by a majority of its	753
members, approve or disapprove the agreement, plan, or decision.	754
Failure of the board to pass a resolution during that time period	755
shall be considered approval of the agreement, plan, or decision.	756

An agreement, plan, or decision for which a statement is	757
required to be submitted to the board shall be implemented only if	758
it is approved by the board.	759

(C) Each county shall develop a county service coordination	760
mechanism. The county service coordination mechanism shall serve	761
as the guiding document for coordination of services in the	762
county. For children who also receive services under the help me	763
grow program, the service coordination mechanism shall be	764
consistent with rules adopted by the department of health under	765
section 3701.61 of the Revised Code. All family service	766
coordination plans shall be developed in accordance with the	767
county service coordination mechanism. The mechanism shall be	768
developed and approved with the participation of the county	769
entities representing child welfare; ~~mental retardation and~~	770
developmental disabilities; alcohol, drug addiction, and mental	771
health services; health; juvenile judges; education; the county	772
family and children first council; and the county early	773
intervention collaborative established pursuant to the federal	774
early intervention program operated under the "Individuals with	775
Disabilities Education Act of 2004." The county shall establish an	776
implementation schedule for the mechanism. The cabinet council may	777
monitor the implementation and administration of each county's	778
service coordination mechanism.	779

Each mechanism shall include all of the following:

780

(1) A procedure for an agency, including a juvenile court, or	781
a family voluntarily seeking service coordination, to refer the	782
child and family to the county council for service coordination in	783
accordance with the mechanism;	784

(2) A procedure ensuring that a family and all appropriate	785
staff from involved agencies, including a representative from the	786
appropriate school district, are notified of and invited to	787
participate in all family service coordination plan meetings;	788

(3) A procedure that permits a family to initiate a meeting	789
to develop or review the family's service coordination plan and	790
allows the family to invite a family advocate, mentor, or support	791
person of the family's choice to participate in any such meeting;	792

(4) A procedure for ensuring that a family service	793
coordination plan meeting is conducted for each child who receives	794
service coordination under the mechanism and for whom an emergency	795
out-of-home placement has been made or for whom a nonemergency	796
out-of-home placement is being considered. The meeting shall be	797
conducted within ten days of an emergency out-of-home placement.	798
The meeting shall be conducted before a nonemergency out-of-home	799
placement. The family service coordination plan shall outline how	800
the county council members will jointly pay for services, where	801
applicable, and provide services in the least restrictive	802
environment.	803

(5) A procedure for monitoring the progress and tracking the	804
outcomes of each service coordination plan requested in the county	805
including monitoring and tracking children in out-of-home	806
placements to assure continued progress, appropriateness of	807
placement, and continuity of care after discharge from placement	808
with appropriate arrangements for housing, treatment, and	809
education;	810

(6) A procedure for protecting the confidentiality of all	811
personal family information disclosed during service coordination	812
meetings or contained in the comprehensive family service	813
coordination plan;	814

(7) A procedure for assessing the needs and strengths of any	815
child or family that has been referred to the council for service	816
coordination, including a child whose parent or custodian is	817
voluntarily seeking services, and for ensuring that parents and	818
custodians are afforded the opportunity to participate;	819

(8) A procedure for development of a family service	820
coordination plan described in division (D) of this section;	821

(9) A local dispute resolution process to serve as the	822
process that must be used first to resolve disputes among the	823
agencies represented on the county council concerning the	824
provision of services to children, including children who are	825
abused, neglected, dependent, unruly, alleged unruly, or	826
delinquent children and under the jurisdiction of the juvenile	827
court and children whose parents or custodians are voluntarily	828
seeking services. The local dispute resolution process shall	829
comply with sections 121.38, 121.381, and 121.382 of the Revised	830
Code. The local dispute resolution process shall be used to	831
resolve disputes between a child's parents or custodians and the	832
county council regarding service coordination. The county council	833
shall inform the parents or custodians of their right to use the	834
dispute resolution process. Parents or custodians shall use	835
existing local agency grievance procedures to address disputes not	836
involving service coordination. The dispute resolution process is	837
in addition to and does not replace other rights or procedures	838
that parents or custodians may have under other sections of the	839
Revised Code.	840

The cabinet council shall adopt rules in accordance with	841
Chapter 119. of the Revised Code establishing an administrative	842
review process to address problems that arise concerning the	843
operation of a local dispute resolution process.	844

Nothing in division (C)(4) of this section shall be	845
interpreted as overriding or affecting decisions of a juvenile	846
court regarding an out-of-home placement, long-term placement, or	847
emergency out-of-home placement.	848

(D) Each county shall develop a family service coordination	849
plan that does all of the following:	850

(1) Designates service responsibilities among the various	851
state and local agencies that provide services to children and	852
their families, including children who are abused, neglected,	853
dependent, unruly, or delinquent children and under the	854
jurisdiction of the juvenile court and children whose parents or	855
custodians are voluntarily seeking services;	856

(2) Designates an individual, approved by the family, to	857
track the progress of the family service coordination plan,	858
schedule reviews as necessary, and facilitate the family service	859
coordination plan meeting process;	860

(3) Ensures that assistance and services to be provided are	861
responsive to the strengths and needs of the family, as well as	862
the family's culture, race, and ethnic group, by allowing the	863
family to offer information and suggestions and participate in	864
decisions. Identified assistance and services shall be provided in	865
the least restrictive environment possible.	866

(4) Includes a process for dealing with a child who is	867
alleged to be an unruly child. The process shall include methods	868
to divert the child from the juvenile court system;	869

(5) Includes timelines for completion of goals specified in	870
the plan with regular reviews scheduled to monitor progress toward	871
those goals;	872

(6) Includes a plan for dealing with short-term crisis	873
situations and safety concerns.	874

(E)(1) The process provided for under division (D)(4) of this	875
section may include, but is not limited to, the following:	876

(a) Designation of the person or agency to conduct the	877
assessment of the child and the child's family as described in	878
division (C)(7) of this section and designation of the instrument	879
or instruments to be used to conduct the assessment;	880

(b) An emphasis on the personal responsibilities of the child	881
and the parental responsibilities of the parents, guardian, or	882
custodian of the child;	883

(c) Involvement of local law enforcement agencies and	884
officials.	885

(2) The method to divert a child from the juvenile court	886
system that must be included in the service coordination process	887
may include, but is not limited to, the following:	888

(a) The preparation of a complaint under section 2151.27 of	889
the Revised Code alleging that the child is an unruly child and	890
notifying the child and the parents, guardian, or custodian that	891
the complaint has been prepared to encourage the child and the	892
parents, guardian, or custodian to comply with other methods to	893
divert the child from the juvenile court system;	894

(b) Conducting a meeting with the child, the parents,	895
guardian, or custodian, and other interested parties to determine	896
the appropriate methods to divert the child from the juvenile	897
court system;	898

(c) A method to provide to the child and the child's family a	899
short-term respite from a short-term crisis situation involving a	900
confrontation between the child and the parents, guardian, or	901
custodian;	902

(d) A program to provide a mentor to the child or the	903
parents, guardian, or custodian;	904

(e) A program to provide parenting education to the parents,	905
guardian, or custodian;	906

(f) An alternative school program for children who are truant	907
from school, repeatedly disruptive in school, or suspended or	908
expelled from school;	909

(g) Other appropriate measures, including, but not limited	910
to, any alternative methods to divert a child from the juvenile	911
court system that are identified by the Ohio family and children	912
first cabinet council.	913

(F) Each county may review and revise the service	914
coordination process described in division (D) of this section	915
based on the availability of funds under Title IV-A of the "Social	916
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	917
or to the extent resources are available from any other federal,	918
state, or local funds.	919

Sec. 135.801. (A) As used in sections 135.801 to 135.803 of	920
the Revised Code, "eligible lending institution," "eligible	921
organization," "investing authority," "residential facility," and	922
"residential facility linked deposit program" have the same	923
meanings as in section 5126.51 of the Revised Code.	924

(B) The board of county commissioners may adopt a resolution	925
implementing a residential facility linked deposit program under	926
sections 5126.51 to 5126.62 of the Revised Code if it finds each	927
of the following:	928

(1) The county board of developmental disabilities has	929
adopted a resolution under section 5126.49 of the Revised Code.	930

(2) There is a shortage of residential facilities in the	931
county for individuals with ~~mental retardation or~~ developmental	932
disabilities.	933

(3) Eligible organizations, otherwise willing and able to	934
develop residential facilities in the county, have been unable to	935
do so because of high interest rates.	936

(4) Placement of residential facility linked deposits will	937
assist in financing the development of residential facilities in	938
the county that otherwise would not be developed because of high	939
interest rates.	940

(5) Public moneys of the county are available for purposes of	941
the residential facility linked deposit program.	942

(6) At least one eligible lending institution has an office	943
located within the territorial limits of the county into which the	944
board may deposit the public moneys of the county.	945

Sec. 145.012. (A) "Public employee," as defined in division	946
(A) of section 145.01 of the Revised Code, does not include any	947
person:	948

(1) Who is employed by a private, temporary-help service and	949
performs services under the direction of a public employer or is	950
employed on a contractual basis as an independent contractor under	951
a personal service contract with a public employer;	952

(2) Who is an emergency employee serving on a temporary basis	953
in case of fire, snow, earthquake, flood, or other similar	954
emergency;	955

(3) Who is employed in a program established pursuant to the	956
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.	957
1501;	958

(4) Who is an appointed member of either the motor vehicle	959
salvage dealers board or the motor vehicle dealer's board whose	960
rate and method of payment are determined pursuant to division (J)	961
of section 124.15 of the Revised Code;	962

(5) Who is employed as an election worker and paid less than	963
five hundred dollars per calendar year for that service;	964

(6) Who is employed as a firefighter in a position requiring	965
satisfactory completion of a firefighter training course approved	966
under former section 3303.07 or section 4765.55 of the Revised	967
Code or conducted under section 3737.33 of the Revised Code except	968
for the following:	969

(a) Any firefighter who has elected under section 145.013 of	970
the Revised Code to remain a contributing member of the public	971
employees retirement system;	972

(b) Any firefighter who was eligible to transfer from the	973
public employees retirement system to the Ohio police and fire	974
pension fund under section 742.51 or 742.515 of the Revised Code	975
and did not elect to transfer;	976

(c) Any firefighter who has elected under section 742.516 of	977
the Revised Code to transfer from the Ohio police and fire pension	978
fund to the public employees retirement system.	979

(7) Who is a member of the board of health of a city or	980
general health district, which pursuant to sections 3709.051 and	981
3709.07 of the Revised Code includes a combined health district,	982
and whose compensation for attendance at meetings of the board is	983
set forth in division (B) of section 3709.02 or division (B) of	984
section 3709.05 of the Revised Code, as appropriate;	985

(8) Who participates in an alternative retirement plan	986
established under Chapter 3305. of the Revised Code;	987

(9) Who is a member of the board of directors of a sanitary	988
district established under Chapter 6115. of the Revised Code;	989

(10) Who is a member of the unemployment compensation	990
advisory council;	991

(11) Who is an employee, officer, or governor-appointed	992
member of the board of directors of the nonprofit corporation	993
formed under section 187.01 of the Revised Code;	994

(12) Who is employed by the nonprofit entity established to	995
provide advocacy services and a client assistance program for	996
people with disabilities under Section 319.20 of Am. Sub. H.B. 153	997
of the 129th general assembly and whose employment begins on or	998
after October 1, 2012.	999

(B) No inmate of a correctional institution operated by the	1000
department of rehabilitation and correction, no patient in a	1001
hospital for the mentally ill or criminally insane operated by the	1002
department of mental health and addiction services, no resident in	1003
an institution for ~~the mentally retarded~~persons with	1004
developmental disabilities that are intellectual disabilities	1005
operated by the department of developmental disabilities, no	1006
resident admitted as a patient of a veterans' home operated under	1007
Chapter 5907. of the Revised Code, and no resident of a county	1008
home shall be considered as a public employee for the purpose of	1009
establishing membership or calculating service credit or benefits	1010
under this chapter. Nothing in this division shall be construed to	1011
affect any service credit attained by any person who was a public	1012
employee before becoming an inmate, patient, or resident at any	1013
institution listed in this division, or the payment of any benefit	1014
for which such a person or such a person's beneficiaries otherwise	1015
would be eligible.	1016

Sec. 145.298. (A) As used in this section:

1017

(1) "State employing unit" means an employing unit described	1018
in division (A)(2) of section 145.297 of the Revised Code, except	1019
that it does not mean an employing unit with fifty or fewer	1020
employees.	1021

(2) "State institution" means a state correctional facility,	1022
a state institution for the mentally ill, or a state institution	1023
for the care, treatment, and training of ~~the mentally retarded~~	1024
persons with developmental disabilities that are intellectual	1025
disabilities.	1026

(B)(1) Prior to July 17, 2009, in the event of a proposal to	1027
close a state institution or lay off, within a six-month period, a	1028
number of persons employed at an institution that equals or	1029
exceeds the lesser of fifty or ten per cent of the persons	1030
employed at the institution, the employing unit responsible for	1031
the institution's operation shall establish a retirement incentive	1032
plan for persons employed at the institution.	1033

(2) On and after July 17, 2009, in the event of a proposal to	1034
close a state institution or lay off, within a six-month period, a	1035
number of persons employed at an institution that equals or	1036
exceeds the lesser of three hundred fifty or forty per cent of the	1037
persons employed at the institution, the employing unit	1038
responsible for the institution's operation shall establish a	1039
retirement incentive plan for persons employed at the institution.	1040

(C)(1) Prior to July 17, 2009, in the event of a proposal,	1041
other than the proposals described in division (B) of this	1042
section, to lay off, within a six-month period, a number of	1043
employees of a state employing unit that equals or exceeds the	1044
lesser of fifty or ten per cent of the employing unit's employees,	1045
the employing unit shall establish a retirement incentive plan for	1046
employees of the employing unit.	1047

(2) On and after July 17, 2009, in the event of a proposal,	1048
other than the proposals described in division (B) of this	1049
section, to lay off, within a six-month period, a number of	1050
employees of a state employing unit that equals or exceeds the	1051
lesser of three hundred fifty or forty per cent of the employing	1052
unit's employees, the employing unit shall establish a retirement	1053
incentive plan for employees of the employing unit.	1054

(D)(1) A retirement incentive plan established under this	1055
section shall be consistent with the requirements of section	1056
145.297 of the Revised Code, except that the plan shall go into	1057
effect at the time the layoffs or proposed closings are announced	1058
and shall remain in effect until the date of the layoffs or	1059
closings.	1060

(2) If the employing unit already has a retirement incentive	1061
plan in effect, the plan shall remain in effect at least until the	1062
date of the layoffs or closings. The employing unit may revise the	1063
existing plan to provide greater benefits, but if it revises the	1064
plan, it shall give written notice of the changes to all employees	1065
who have elected to participate in the original plan, and it shall	1066
provide the greater benefits to all employees who participate in	1067
the plan, whether their elections to participate were made before	1068
or after the date of the revision.	1069

Sec. 149.431. (A) Except as provided in sections 9.833 and	1070
2744.081 of the Revised Code, any governmental entity or agency	1071
and any nonprofit corporation or association, except a corporation	1072
organized pursuant to Chapter 1719. of the Revised Code prior to	1073
January 1, 1980 or organized pursuant to Chapter 3941. of the	1074
Revised Code, that enters into a contract or other agreement with	1075
the federal government, a unit of state government, or a political	1076
subdivision or taxing unit of this state for the provision of	1077
services shall keep accurate and complete financial records of any	1078
moneys expended in relation to the performance of the services	1079
pursuant to such contract or agreement according to generally	1080
accepted accounting principles. Such contract or agreement and	1081
such financial records shall be deemed to be public records as	1082
defined in division (A)(1) of section 149.43 of the Revised Code	1083
and are subject to the requirements of division (B) of that	1084
section, except that:	1085

(1) Any information directly or indirectly identifying a	1086
present or former individual patient or client or such an	1087
individual patient's or client's diagnosis, prognosis, or medical	1088
treatment, treatment for a mental or emotional disorder, treatment	1089
for ~~mental retardation or~~ a developmental disability, treatment	1090
for drug abuse or alcoholism, or counseling for personal or social	1091
problems is not a public record;	1092

(2) If disclosure of the contract or agreement or financial	1093
records is requested at a time when confidential professional	1094
services are being provided to a patient or client whose	1095
confidentiality might be violated if disclosure were made at that	1096
time, disclosure may be deferred if reasonable times are	1097
established when the contract or agreement or financial records	1098
will be disclosed.	1099

(3) Any nonprofit corporation or association that receives	1100
both public and private funds in fulfillment of any such contract	1101
or other agreement is not required to keep as public records the	1102
financial records of any private funds expended in relation to the	1103
performance of services pursuant to the contract or agreement.	1104

(B) Any nonprofit corporation or association that receives	1105
more than fifty per cent of its gross receipts excluding moneys	1106
received pursuant to Title XVIII of the "Social Security Act," 49	1107
Stat. 620 (1935), 42 U.S.C. 301, as amended, in a calendar year in	1108
fulfillment of a contract or other agreement for services with a	1109
governmental entity shall maintain information setting forth the	1110
compensation of any individual serving the nonprofit corporation	1111
or association in an executive or administrative capacity. Such	1112
information shall be deemed to be public records as defined in	1113
division (A)(1) of section 149.43 of the Revised Code and is	1114
subject to the requirements of division (B) of that section.	1115

Nothing in this section shall be construed to otherwise limit	1116
the provisions of section 149.43 of the Revised Code.	1117

Sec. 152.04. The Ohio building authority may purchase,	1118
construct, reconstruct, equip, furnish, improve, alter, enlarge,	1119
maintain, repair, and operate buildings, facilities, and other	1120
properties on one or more sites within the state for use and	1121
occupancy by persons who meet all the following conditions:	1122

(A) Are eligible to receive old age, survivors', or	1123
disability insurance payments under Title II of the "Social	1124
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 401, or under any	1125
laws which may hereafter amend or supersede such chapters or	1126
title;	1127

(B) Have been, after September 27, 1963, discharged by the	1128
head of a hospital pursuant to section 5122.21 of the Revised Code	1129
or by the head of an institution pursuant to section 5123.79 of	1130
the Revised Code;	1131

(C) Are determined by the authority not to need the care and	1132
treatment provided in a hospital or other institution;	1133

(D) Are determined by the authority to be unable, as a result	1134
of mental illness~~, mental retardation,~~ or developmental	1135
disability, to provide complete care for themselves or obtain and	1136
hold employment sufficient to provide the costs of living.	1137

The authority may also provide living facilities for	1138
administrative, professional, and other personnel and their	1139
families necessary to maintain or operate the facilities and to	1140
carry out the purposes of the authority.	1141

Sec. 173.25. The office of the state long-term care	1142
ombudsman program shall, in carrying out the provisions and	1143
purposes of sections 173.14 to 173.26 of the Revised Code, advise,	1144
consult, and cooperate with any agency, program, or other entity	1145
related to the purposes of the office. Any agency, program, or	1146
other entity related to the purposes of the office shall advise,	1147
consult, and cooperate with the office.	1148

The office shall attempt to establish effective coordination	1149
with government-sponsored programs that provide legal services to	1150
the elderly and with protective and advocacy programs for	1151
individuals with developmental disabilities~~, mental retardation,~~	1152
or mental illness.	1153

Sec. 305.07. (A) Special sessions of the board of county	1154
commissioners may be held as often as the commissioners deem it	1155
necessary. At a regular or special session, the board may make any	1156
necessary order or contract in relation to the building,	1157
furnishing, repairing, or insuring of public buildings or bridges;	1158
the employment of janitors; the improvements or enclosure of	1159
public grounds; the maintenance or support of ~~mentally retarded or~~	1160
~~developmentally disabled~~ persons with developmental disabilities	1161
or of the mentally ill; the expenditure of any fund; or the board	1162
may provide for the reconstruction or repair of any bridge	1163
destroyed by fire, flood, or otherwise. The board shall comply	1164
with division (F) of section 121.22 of the Revised Code. The board	1165
may do any other official act not, by law, restricted to a	1166
particular regular session.	1167

(B) The board of county commissioners may provide by	1168
resolution for the holding of special sessions of the board at a	1169
location in the county other than the usual office of the board at	1170
the county seat. The adoption of the resolution and the location	1171
where the sessions will be held shall be entered on the journal of	1172
the board. The board shall give reasonable public notice of its	1173
action taken pursuant to this division, in accordance with	1174
division (F) of section 121.22 of the Revised Code.	1175

Sec. 307.02. The board of county commissioners of any	1176
county, in addition to its other powers, may purchase, for cash or	1177
by installment payments, enter into lease-purchase agreements,	1178
lease with option to purchase, lease, appropriate, construct,	1179
enlarge, improve, rebuild, equip, and furnish a courthouse, county	1180
offices, jail, county home, juvenile court building, detention	1181
facility, public market houses, retail store rooms and offices, if	1182
located in a building acquired to house county offices, for which	1183
store rooms or offices the board of county commissioners may	1184
establish and collect rents or enter into leases as provided in	1185
section 307.09 of the Revised Code, county children's home,	1186
community mental health facility, community ~~mental retardation or~~	1187
developmental ~~disability~~disabilities facility, facilities for	1188
senior citizens, alcohol treatment and control center, other	1189
necessary buildings, public stadiums, public auditorium,	1190
exhibition hall, zoological park, public library buildings, golf	1191
courses, and off-street parking facilities determined by the board	1192
of county commissioners to be so situated as to be useful for any	1193
of such purposes or any combination of such purposes, for the use	1194
of which parking facilities the board of county commissioners may	1195
establish and collect rates, charges, or rents, and sites	1196
therefor, such real estate adjoining an existing site as is	1197
necessary for any of such purposes, including real estate	1198
necessary to afford light, air, protection from fire, suitable	1199
surroundings, ingress, and egress; such copies of any public	1200
records of such county, made or reproduced by miniature	1201
photography or microfilm, as are necessary for the protection and	1202
preservation of public records of such county.	1203

The board of county commissioners of any county may lease for	1204
a period not to exceed forty years, pursuant to a contract	1205
providing for the construction thereof under a lease-purchase	1206
plan, those buildings, structures, and other improvements	1207
enumerated in the first paragraph of this section, and in	1208
conjunction therewith, may grant leases, easements, or licenses	1209
for lands under the control of the county for a period not to	1210
exceed forty years. Such lease-purchase plan shall provide that at	1211
the end of the lease period such buildings, structures, and	1212
related improvements, together with the land on which they are	1213
situated, shall become the property of the county without cost.	1214

Whenever any building, structure or other improvement is to	1215
be so leased by a county, the board of county commissioners shall	1216
file in the office of the board, if the board has a full-time	1217
clerk, or in the office of the county auditor such basic plans,	1218
specifications, bills of materials, and estimates of cost with	1219
sufficient detail to afford bidders all needed information, or	1220
alternatively, shall file the following plans, details, bills of	1221
materials, and specifications:	1222

(A) Full and accurate plans, suitable for the use of	1223
mechanics and other builders in such construction, improvement,	1224
addition, alteration, or installation;	1225

(B) Details to scale and full sized, so drawn and represented	1226
as to be easily understood;	1227

(C) Accurate bills showing the exact quantity of different	1228
kinds of material necessary to the construction;	1229

(D) Definite and complete specifications of the work to be	1230
performed, together with such directions as will enable a	1231
competent mechanic or other builder to carry them out and afford	1232
bidders all needed information;	1233

(E) A full and accurate estimate of each item of expense and	1234
of the aggregate cost thereof.	1235

The board of county commissioners shall invite bids in the	1236
manner prescribed in sections 307.86 to 307.92 of the Revised	1237
Code. Such bids shall contain the terms upon which the builder	1238
would propose to lease the building, structure, or other	1239
improvement to the county. The form of the bid approved by the	1240
board of county commissioners shall be used and a bid shall be	1241
invalid and not considered unless such form is used without	1242
change, alteration, or addition.	1243

Before submitting bids pursuant to this section, any builder	1244
shall have complied with sections 153.50 to 153.52 of the Revised	1245
Code.	1246

On the day and at the place named for receiving bids for	1247
entering into lease agreements with the county, the board of	1248
county commissioners shall open the bids, and shall publicly	1249
proceed immediately to tabulate the bids. No such lease agreement	1250
shall be entered into until the bureau of workers' compensation	1251
has certified that the corporation, partnership, or person to be	1252
awarded the lease agreement has complied with Chapter 4123. of the	1253
Revised Code, and until, if the builder submitting the lowest and	1254
best bid is a foreign corporation, the secretary of state has	1255
certified that such corporation is authorized to do business in	1256
this state, and until, if the builder submitting the lowest and	1257
best bid is a person or partnership nonresident of this state,	1258
such person or partnership has filed with the secretary of state a	1259
power of attorney designating the secretary of state as its agent	1260
for the purpose of accepting service of summons in any action	1261
brought under Chapter 4123. of the Revised Code, and until the	1262
agreement is submitted to the county prosecutor and the county	1263
prosecutor's approval certified thereon. Within thirty days after	1264
the day on which the bids are received, the board of county	1265
commissioners shall investigate the bids received and shall	1266
determine that the bureau and the secretary of state have made the	1267
certifications required by this section of the builder who has	1268
submitted the lowest and best bid. Within ten days of the	1269
completion of the investigation of the bids the board of county	1270
commissioners may award the lease agreement to the builder who has	1271
submitted the lowest and best bid and who has been certified by	1272
the bureau and secretary of state as required by this section. If	1273
bidding for the lease agreement has been conducted upon the basis	1274
of basic plans, specifications, bills of materials, and estimates	1275
of costs, upon the award to the builder, the board of county	1276
commissioners, or the builder with the approval of the board of	1277
county commissioners, shall appoint an architect or engineer	1278
licensed in Ohio to prepare such further detailed plans,	1279
specifications, and bills of materials as are required to	1280
construct the buildings, structures, and other improvements	1281
enumerated in the first paragraph of this section. The board of	1282
county commissioners may reject any bid. Where there is reason to	1283
believe there is collusion or combination among the bidders, the	1284
bids of those concerned therein shall be rejected.	1285

Sec. 313.12. (A) When any person dies as a result of criminal	1286
or other violent means, by casualty, by suicide, or in any	1287
suspicious or unusual manner, when any person, including a child	1288
under two years of age, dies suddenly when in apparent good	1289
health, or when any ~~mentally retarded person or developmentally~~	1290
~~disabled~~ person with a developmental disability dies regardless of	1291
the circumstances, the physician called in attendance, or any	1292
member of an ambulance service, emergency squad, or law	1293
enforcement agency who obtains knowledge thereof arising from the	1294
person's duties, shall immediately notify the office of the	1295
coroner of the known facts concerning the time, place, manner, and	1296
circumstances of the death, and any other information that is	1297
required pursuant to sections 313.01 to 313.22 of the Revised	1298
Code. In such cases, if a request is made for cremation, the	1299
funeral director called in attendance shall immediately notify the	1300
coroner.	1301

(B) As used in this section, ~~"mentally retarded person" and~~	1302
"~~developmentally disabled~~ person with a developmental disability"	1303
~~have~~has the same ~~meanings~~meaning as in section 5123.01 of the	1304
Revised Code.	1305

Sec. 325.07. In addition to the compensation and salary	1306
provided by section 325.06 of the Revised Code, the board of	1307
county commissioners shall make allowances monthly to each sheriff	1308
for ~~his~~the actual and necessary expenses incurred and expended by	1309
the sheriff in pursuing within or without the state or	1310
transporting persons accused or convicted of crimes and offenses,	1311
for any expenses incurred in conveying and transferring persons to	1312
or from any state hospital for the mentally ill, any institution	1313
for ~~the mentally retarded~~persons with developmental disabilities	1314
that are intellectual disabilities, any institution operated by	1315
the youth commission, children's homes, county homes, and all	1316
similar institutions, and for all expenses of maintaining	1317
transportation facilities necessary to the proper administration	1318
of the duties of ~~his~~the sheriff's office.	1319

The board shall allow the sheriff ~~his~~the actual	1320
transportation expense and telephone tolls expended by the sheriff	1321
in serving civil processes and subpoenaing witnesses in civil and	1322
criminal cases and before the grand jury, and it may allow any	1323
other necessary transportation expense for the proper	1324
administration of the duties of ~~his~~the sheriff's office. Each	1325
sheriff shall file under oath a monthly report containing a full,	1326
accurate, and itemized account of all ~~his~~the sheriff's actual and	1327
necessary expenses, including telephone tolls and any other	1328
transportation expense mentioned in this section, before the	1329
expense is allowed by the board. The statement shall show the	1330
number of the case, the court in which the service was rendered,	1331
and the point from which a transportation vehicle was used.	1332

For the purpose of making available to the sheriff funds	1333
necessary in the performance of the duties required ~~of him~~ under	1334
this section, the board may authorize, as an advancement to the	1335
sheriff, a sum not exceeding fifty per cent of ~~his~~the sheriff's	1336
annual salary, from appropriations made to ~~him~~the sheriff by the	1337
board for pursuing prisoners within or without the state or for	1338
transporting the prisoners to correctional institutions, or both,	1339
and for transporting persons to the institutions enumerated in	1340
this section, from which sum of money so advanced the necessary	1341
expenses for the transportation or pursuance may be paid by the	1342
sheriff. The county auditor shall draw ~~his~~a warrant upon the	1343
county treasurer, in favor of the sheriff, as authorized by the	1344
board.	1345

After the itemized monthly report provided for in this	1346
section has been filed by the sheriff and approved and allowed by	1347
the board, the board shall restore to the fund the amount expended	1348
and disbursed by the sheriff, as approved and allowed by the	1349
board.	1350

Any unexpended balance of such fund remaining in the hands of	1351
the sheriff, at the end of each succeeding fiscal year, shall be	1352
returned and paid into the county treasury by the sheriff.	1353

Sec. 711.23. As used in this section, "incompetent person"	1354
means a person who is so mentally impaired as a result of a mental	1355
or physical illness or disability, or ~~mental retardation~~a	1356
developmental disability that is an intellectual disability, or as	1357
a result of chronic substance abuse, that the person is incapable	1358
of taking proper care of the person's self or property or fails to	1359
provide for the person's family or other persons for whom the	1360
person is charged by law to provide.	1361

If the court of common pleas is of the opinion that any	1362
person owning a lot in a plat, addition, or part thereof proposed	1363
to be vacated or altered, and not assenting to such vacation or	1364
alteration, will sustain damage thereby, it may proceed to hear	1365
proof in reference thereto, and may render judgment against the	1366
petitioners for such damages as it thinks proper and just, to be	1367
assessed ratably against the petitioners by the court, according	1368
to the value of the property owned by the petitioners as it stands	1369
taxed on the tax list of the county. When necessary, the court	1370
shall appoint a guardian ad litem for all minors or incompetent	1371
persons interested in the premises. The judgment of the court	1372
vacating such plat, addition, or parts thereof, shall be	1373
conditioned upon the payment of the damages thus assessed.	1374

Sec. 1751.01. As used in this chapter:

1375

(A)(1) "Basic health care services" means the following	1376
services when medically necessary:	1377

(a) Physician's services, except when such services are	1378
supplemental under division (B) of this section;	1379

(b) Inpatient hospital services;

1380

1381

(d) Emergency health services;

1382

(e) Urgent care services;

1383

(f) Diagnostic laboratory services and diagnostic and	1384
therapeutic radiologic services;	1385

(g) Diagnostic and treatment services, other than	1386
prescription drug services, for biologically based mental	1387
illnesses;	1388

(h) Preventive health care services, including, but not	1389
limited to, voluntary family planning services, infertility	1390
services, periodic physical examinations, prenatal obstetrical	1391
care, and well-child care;	1392

(i) Routine patient care for patients enrolled in an eligible	1393
cancer clinical trial pursuant to section 3923.80 of the Revised	1394
Code.	1395

"Basic health care services" does not include experimental	1396
procedures.	1397

Except as provided by divisions (A)(2) and (3) of this	1398
section in connection with the offering of coverage for diagnostic	1399
and treatment services for biologically based mental illnesses, a	1400
health insuring corporation shall not offer coverage for a health	1401
care service, defined as a basic health care service by this	1402
division, unless it offers coverage for all listed basic health	1403
care services. However, this requirement does not apply to the	1404
coverage of beneficiaries enrolled in medicare pursuant to a	1405
medicare contract, or to the coverage of beneficiaries enrolled in	1406
the federal employee health benefits program pursuant to 5	1407
U.S.C.A. 8905, or to the coverage of medicaid recipients, or to	1408
the coverage of beneficiaries under any federal health care	1409
program regulated by a federal regulatory body, or to the coverage	1410
of beneficiaries under any contract covering officers or employees	1411
of the state that has been entered into by the department of	1412
administrative services.	1413

(2) A health insuring corporation may offer coverage for	1414
diagnostic and treatment services for biologically based mental	1415
illnesses without offering coverage for all other basic health	1416
care services. A health insuring corporation may offer coverage	1417
for diagnostic and treatment services for biologically based	1418
mental illnesses alone or in combination with one or more	1419
supplemental health care services. However, a health insuring	1420
corporation that offers coverage for any other basic health care	1421
service shall offer coverage for diagnostic and treatment services	1422
for biologically based mental illnesses in combination with the	1423
offer of coverage for all other listed basic health care services.	1424

(3) A health insuring corporation that offers coverage for	1425
basic health care services is not required to offer coverage for	1426
diagnostic and treatment services for biologically based mental	1427
illnesses in combination with the offer of coverage for all other	1428
listed basic health care services if all of the following apply:	1429

(a) The health insuring corporation submits documentation	1430
certified by an independent member of the American academy of	1431
actuaries to the superintendent of insurance showing that incurred	1432
claims for diagnostic and treatment services for biologically	1433
based mental illnesses for a period of at least six months	1434
independently caused the health insuring corporation's costs for	1435
claims and administrative expenses for the coverage of basic	1436
health care services to increase by more than one per cent per	1437
year.	1438

(b) The health insuring corporation submits a signed letter	1439
from an independent member of the American academy of actuaries to	1440
the superintendent of insurance opining that the increase in costs	1441
described in division (A)(3)(a) of this section could reasonably	1442
justify an increase of more than one per cent in the annual	1443
premiums or rates charged by the health insuring corporation for	1444
the coverage of basic health care services.	1445

(c) The superintendent of insurance makes the following	1446
determinations from the documentation and opinion submitted	1447
pursuant to divisions (A)(3)(a) and (b) of this section:	1448

(i) Incurred claims for diagnostic and treatment services for	1449
biologically based mental illnesses for a period of at least six	1450
months independently caused the health insuring corporation's	1451
costs for claims and administrative expenses for the coverage of	1452
basic health care services to increase by more than one per cent	1453
per year.	1454

(ii) The increase in costs reasonably justifies an increase	1455
of more than one per cent in the annual premiums or rates charged	1456
by the health insuring corporation for the coverage of basic	1457
health care services.	1458

Any determination made by the superintendent under this	1459
division is subject to Chapter 119. of the Revised Code.	1460

(B)(1) "Supplemental health care services" means any health	1461
care services other than basic health care services that a health	1462
insuring corporation may offer, alone or in combination with	1463
either basic health care services or other supplemental health	1464
care services, and includes:	1465

(a) Services of facilities for intermediate or long-term	1466
care, or both;	1467

(b) Dental care services;

1468

(c) Vision care and optometric services including lenses and	1469
frames;	1470

(d) Podiatric care or foot care services;

1471

(e) Mental health services, excluding diagnostic and	1472
treatment services for biologically based mental illnesses;	1473

(f) Short-term outpatient evaluative and crisis-intervention	1474
mental health services;	1475

(g) Medical or psychological treatment and referral services	1476
for alcohol and drug abuse or addiction;	1477

(h) Home health services;

1478

(i) Prescription drug services;

1479

(j) Nursing services;

1480

(k) Services of a dietitian licensed under Chapter 4759. of	1481
the Revised Code;	1482

(l) Physical therapy services;

1483

(m) Chiropractic services;

1484

(n) Any other category of services approved by the	1485
superintendent of insurance.	1486

(2) If a health insuring corporation offers prescription drug	1487
services under this division, the coverage shall include	1488
prescription drug services for the treatment of biologically based	1489
mental illnesses on the same terms and conditions as other	1490
physical diseases and disorders.	1491

(C) "Specialty health care services" means one of the	1492
supplemental health care services listed in division (B) of this	1493
section, when provided by a health insuring corporation on an	1494
outpatient-only basis and not in combination with other	1495
supplemental health care services.	1496

(D) "Biologically based mental illnesses" means	1497
schizophrenia, schizoaffective disorder, major depressive	1498
disorder, bipolar disorder, paranoia and other psychotic	1499
disorders, obsessive-compulsive disorder, and panic disorder, as	1500
these terms are defined in the most recent edition of the	1501
diagnostic and statistical manual of mental disorders published by	1502
the American psychiatric association.	1503

(E) "Closed panel plan" means a health care plan that	1504
requires enrollees to use participating providers.	1505

(F) "Compensation" means remuneration for the provision of	1506
health care services, determined on other than a fee-for-service	1507
or discounted-fee-for-service basis.	1508

(G) "Contractual periodic prepayment" means the formula for	1509
determining the premium rate for all subscribers of a health	1510
insuring corporation.	1511

(H) "Corporation" means a corporation formed under Chapter	1512
1701. or 1702. of the Revised Code or the similar laws of another	1513
state.	1514

(I) "Emergency health services" means those health care	1515
services that must be available on a seven-days-per-week,	1516
twenty-four-hours-per-day basis in order to prevent jeopardy to an	1517
enrollee's health status that would occur if such services were	1518
not received as soon as possible, and includes, where appropriate,	1519
provisions for transportation and indemnity payments or service	1520
agreements for out-of-area coverage.	1521

(J) "Enrollee" means any natural person who is entitled to	1522
receive health care benefits provided by a health insuring	1523
corporation.	1524

(K) "Evidence of coverage" means any certificate, agreement,	1525
policy, or contract issued to a subscriber that sets out the	1526
coverage and other rights to which such person is entitled under a	1527
health care plan.	1528

(L) "Health care facility" means any facility, except a	1529
health care practitioner's office, that provides preventive,	1530
diagnostic, therapeutic, acute convalescent, rehabilitation,	1531
mental health, ~~mental retardation,~~intellectual disability,	1532
intermediate care, or skilled nursing services.	1533

(M) "Health care services" means basic, supplemental, and	1534
specialty health care services.	1535

(N) "Health delivery network" means any group of providers or	1536
health care facilities, or both, or any representative thereof,	1537
that have entered into an agreement to offer health care services	1538
in a panel rather than on an individual basis.	1539

(O) "Health insuring corporation" means a corporation, as	1540
defined in division (H) of this section, that, pursuant to a	1541
policy, contract, certificate, or agreement, pays for, reimburses,	1542
or provides, delivers, arranges for, or otherwise makes available,	1543
basic health care services, supplemental health care services, or	1544
specialty health care services, or a combination of basic health	1545
care services and either supplemental health care services or	1546
specialty health care services, through either an open panel plan	1547
or a closed panel plan.	1548

"Health insuring corporation" does not include a limited	1549
liability company formed pursuant to Chapter 1705. of the Revised	1550
Code, an insurer licensed under Title XXXIX of the Revised Code if	1551
that insurer offers only open panel plans under which all	1552
providers and health care facilities participating receive their	1553
compensation directly from the insurer, a corporation formed by or	1554
on behalf of a political subdivision or a department, office, or	1555
institution of the state, or a public entity formed by or on	1556
behalf of a board of county commissioners, a county board of	1557
developmental disabilities, an alcohol and drug addiction services	1558
board, a board of alcohol, drug addiction, and mental health	1559
services, or a community mental health board, as those terms are	1560
used in Chapters 340. and 5126. of the Revised Code. Except as	1561
provided by division (D) of section 1751.02 of the Revised Code,	1562
or as otherwise provided by law, no board, commission, agency, or	1563
other entity under the control of a political subdivision may	1564
accept insurance risk in providing for health care services.	1565
However, nothing in this division shall be construed as	1566
prohibiting such entities from purchasing the services of a health	1567
insuring corporation or a third-party administrator licensed under	1568
Chapter 3959. of the Revised Code.	1569

(P) "Intermediary organization" means a health delivery	1570
network or other entity that contracts with licensed health	1571
insuring corporations or self-insured employers, or both, to	1572
provide health care services, and that enters into contractual	1573
arrangements with other entities for the provision of health care	1574
services for the purpose of fulfilling the terms of its contracts	1575
with the health insuring corporations and self-insured employers.	1576

(Q) "Intermediate care" means residential care above the	1577
level of room and board for patients who require personal	1578
assistance and health-related services, but who do not require	1579
skilled nursing care.	1580

(R) "Medical record" means the personal information that	1581
relates to an individual's physical or mental condition, medical	1582
history, or medical treatment.	1583

(S)(1) "Open panel plan" means a health care plan that	1584
provides incentives for enrollees to use participating providers	1585
and that also allows enrollees to use providers that are not	1586
participating providers.	1587

(2) No health insuring corporation may offer an open panel	1588
plan, unless the health insuring corporation is also licensed as	1589
an insurer under Title XXXIX of the Revised Code, the health	1590
insuring corporation, on June 4, 1997, holds a certificate of	1591
authority or license to operate under Chapter 1736. or 1740. of	1592
the Revised Code, or an insurer licensed under Title XXXIX of the	1593
Revised Code is responsible for the out-of-network risk as	1594
evidenced by both an evidence of coverage filing under section	1595
1751.11 of the Revised Code and a policy and certificate filing	1596
under section 3923.02 of the Revised Code.	1597

(T) "Osteopathic hospital" means a hospital registered under	1598
section 3701.07 of the Revised Code that advocates osteopathic	1599
principles and the practice and perpetuation of osteopathic	1600
medicine by doing any of the following:	1601

(1) Maintaining a department or service of osteopathic	1602
medicine or a committee on the utilization of osteopathic	1603
principles and methods, under the supervision of an osteopathic	1604
physician;	1605

(2) Maintaining an active medical staff, the majority of	1606
which is comprised of osteopathic physicians;	1607

(3) Maintaining a medical staff executive committee that has	1608
osteopathic physicians as a majority of its members.	1609

(U) "Panel" means a group of providers or health care	1610
facilities that have joined together to deliver health care	1611
services through a contractual arrangement with a health insuring	1612
corporation, employer group, or other payor.	1613

(V) "Person" has the same meaning as in section 1.59 of the	1614
Revised Code, and, unless the context otherwise requires, includes	1615
any insurance company holding a certificate of authority under	1616
Title XXXIX of the Revised Code, any subsidiary and affiliate of	1617
an insurance company, and any government agency.	1618

(W) "Premium rate" means any set fee regularly paid by a	1619
subscriber to a health insuring corporation. A "premium rate" does	1620
not include a one-time membership fee, an annual administrative	1621
fee, or a nominal access fee, paid to a managed health care system	1622
under which the recipient of health care services remains solely	1623
responsible for any charges accessed for those services by the	1624
provider or health care facility.	1625

(X) "Primary care provider" means a provider that is	1626
designated by a health insuring corporation to supervise,	1627
coordinate, or provide initial care or continuing care to an	1628
enrollee, and that may be required by the health insuring	1629
corporation to initiate a referral for specialty care and to	1630
maintain supervision of the health care services rendered to the	1631
enrollee.	1632

(Y) "Provider" means any natural person or partnership of	1633
natural persons who are licensed, certified, accredited, or	1634
otherwise authorized in this state to furnish health care	1635
services, or any professional association organized under Chapter	1636
1785. of the Revised Code, provided that nothing in this chapter	1637
or other provisions of law shall be construed to preclude a health	1638
insuring corporation, health care practitioner, or organized	1639
health care group associated with a health insuring corporation	1640
from employing certified nurse practitioners, certified nurse	1641
anesthetists, clinical nurse specialists, certified	1642
nurse-midwives, dietitians, physician assistants, dental	1643
assistants, dental hygienists, optometric technicians, or other	1644
allied health personnel who are licensed, certified, accredited,	1645
or otherwise authorized in this state to furnish health care	1646
services.	1647

(Z) "Provider sponsored organization" means a corporation, as	1648
defined in division (H) of this section, that is at least eighty	1649
per cent owned or controlled by one or more hospitals, as defined	1650
in section 3727.01 of the Revised Code, or one or more physicians	1651
licensed to practice medicine or surgery or osteopathic medicine	1652
and surgery under Chapter 4731. of the Revised Code, or any	1653
combination of such physicians and hospitals. Such control is	1654
presumed to exist if at least eighty per cent of the voting rights	1655
or governance rights of a provider sponsored organization are	1656
directly or indirectly owned, controlled, or otherwise held by any	1657
combination of the physicians and hospitals described in this	1658
division.	1659

(AA) "Solicitation document" means the written materials	1660
provided to prospective subscribers or enrollees, or both, and	1661
used for advertising and marketing to induce enrollment in the	1662
health care plans of a health insuring corporation.	1663

(BB) "Subscriber" means a person who is responsible for	1664
making payments to a health insuring corporation for participation	1665
in a health care plan, or an enrollee whose employment or other	1666
status is the basis of eligibility for enrollment in a health	1667
insuring corporation.	1668

(CC) "Urgent care services" means those health care services	1669
that are appropriately provided for an unforeseen condition of a	1670
kind that usually requires medical attention without delay but	1671
that does not pose a threat to the life, limb, or permanent health	1672
of the injured or ill person, and may include such health care	1673
services provided out of the health insuring corporation's	1674
approved service area pursuant to indemnity payments or service	1675
agreements.	1676

Sec. 1751.14. (A) Notwithstanding section 3901.71 of the	1677
Revised Code, any policy, contract, or agreement for health care	1678
services authorized by this chapter that is issued, delivered, or	1679
renewed in this state and that provides that coverage of an	1680
unmarried dependent child will terminate upon attainment of the	1681
limiting age for dependent children specified in the policy,	1682
contract, or agreement, shall also provide in substance both of	1683
the following:	1684

(1) Once an unmarried child has attained the limiting age for	1685
dependent children, as provided in the policy, contract, or	1686
agreement, upon the request of the subscriber, the health insuring	1687
corporation shall offer to cover the unmarried child until the	1688
child attains twenty-eight years of age if all of the following	1689
are true:	1690

(a) The child is the natural child, stepchild, or adopted	1691
child of the subscriber.	1692

(b) The child is a resident of this state or a full-time	1693
student at an accredited public or private institution of higher	1694
education.	1695

(c) The child is not employed by an employer that offers any	1696
health benefit plan under which the child is eligible for	1697
coverage.	1698

(d) The child is not eligible for coverage under the medicaid	1699
program or the medicare program.	1700

(2) That attainment of the limiting age for dependent	1701
children shall not operate to terminate the coverage of a	1702
dependent child if the child is and continues to be both of the	1703
following:	1704

(a) Incapable of self-sustaining employment by reason of	1705
~~mental retardation or~~ physical handicap or a developmental	1706
disability that is an intellectual disability;	1707

(b) Primarily dependent upon the subscriber for support and	1708
maintenance.	1709

(B) Proof of incapacity and dependence for purposes of	1710
division (A)(2) of this section shall be furnished to the health	1711
insuring corporation within thirty-one days of the child's	1712
attainment of the limiting age. Upon request, but not more	1713
frequently than annually, the health insuring corporation may	1714
require proof satisfactory to it of the continuance of such	1715
incapacity and dependency.	1716

1717

(1) Require that any policy, contract, or agreement offer	1718
coverage for dependent children or provide coverage for an	1719
unmarried dependent child's children as dependents on the policy,	1720
contract, or agreement;	1721

(2) Require an employer to pay for any part of the premium	1722
for an unmarried dependent child that has attained the limiting	1723
age for dependents, as provided in the policy, contract, or	1724
agreement;	1725

(3) Require an employer to offer health insurance coverage to	1726
the dependents of any employee.	1727

(D) This section does not apply to any health insuring	1728
corporation policy, contract, or agreement offering only	1729
supplemental health care services or specialty health care	1730
services.	1731

(E) As used in this section, "health benefit plan" has the	1732
same meaning as in section 3924.01 of the Revised Code and also	1733
includes both of the following:	1734

(1) A public employee benefit plan;

1735

(2) A health benefit plan as regulated under the "Employee	1736
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	1737

Sec. 2101.17. The fees enumerated in this section shall be	1738
paid to the probate court from the county treasury upon the	1739
warrant of the county auditor which shall issue upon the	1740
certificate of the probate judge and shall be in full for all	1741
services rendered in the respective proceedings as follows:	1742

(A)	For each hearing to determine if a person is a mentally ill individual subject to hospitalization when the person is committed to a state hospital or to relatives			1743
		$	12.00;	1744
(B)	When the person is discharged			1745
			7.00;	1746
(C)	For order of return of a mentally ill person to a state hospital or removal therefrom			1747
			2.00;	1748
(D)	For proceedings for committing a person to an institution for ~~the mentally retarded~~ persons with developmental disabilities that are intellectual disabilities			1749
			10.00;	1750
(E)	For habeas corpus proceedings when a person is confined under color of proceedings in a criminal case and is discharged			1751
			10.00;	1752
(F)	When acting as a juvenile judge, for each case filed against a ~~delinquency~~ delinquent, dependent, unruly, or neglected child, or a juvenile traffic offender			1753
			5.00;	1754
(G)	For proceedings to take a child from parents or other persons having control thereof			1755
			5.00.	1756

Sec. 2101.24. (A)(1) Except as otherwise provided by law,	1757
the probate court has exclusive jurisdiction:	1758

(a) To take the proof of wills and to admit to record	1759
authenticated copies of wills executed, proved, and allowed in the	1760
courts of any other state, territory, or country. If the probate	1761
judge is unavoidably absent, any judge of the court of common	1762
pleas may take proof of wills and approve bonds to be given, but	1763
the record of these acts shall be preserved in the usual records	1764
of the probate court.	1765

(b) To grant and revoke letters testamentary and of	1766
administration;	1767

(c) To direct and control the conduct and settle the accounts	1768
of executors and administrators and order the distribution of	1769
estates;	1770

(d) To appoint the attorney general to serve as the	1771
administrator of an estate pursuant to section 2113.06 of the	1772
Revised Code;	1773

(e) To appoint and remove guardians, conservators, and	1774
testamentary trustees, direct and control their conduct, and	1775
settle their accounts;	1776

(f) To grant marriage licenses;

1777

(g) To make inquests respecting persons who are so mentally	1778
impaired as a result of a mental or physical illness or	1779
disability, or ~~mental retardation~~a developmental disability that	1780
is an intellectual disability, or as a result of chronic substance	1781
abuse, that they are unable to manage their property and affairs	1782
effectively, subject to guardianship;	1783

(h) To qualify assignees, appoint and qualify trustees and	1784
commissioners of insolvents, control their conduct, and settle	1785
their accounts;	1786

(i) To authorize the sale of lands, equitable estates, or	1787
interests in lands or equitable estates, and the assignments of	1788
inchoate dower in such cases of sale, on petition by executors,	1789
administrators, and guardians;	1790

(j) To authorize the completion of real property contracts on	1791
petition of executors and administrators;	1792

(k) To construe wills;

1793

(l) To render declaratory judgments, including, but not	1794
limited to, those rendered pursuant to section 2107.084 of the	1795
Revised Code;	1796

(m) To direct and control the conduct of fiduciaries and	1797
settle their accounts;	1798

(n) To authorize the sale or lease of any estate created by	1799
will if the estate is held in trust, on petition by the trustee;	1800

(o) To terminate a testamentary trust in any case in which a	1801
court of equity may do so;	1802

(p) To hear and determine actions to contest the validity of	1803
wills;	1804

(q) To make a determination of the presumption of death of	1805
missing persons and to adjudicate the property rights and	1806
obligations of all parties affected by the presumption;	1807

(r) To hear and determine an action commenced pursuant to	1808
section 3107.41 of the Revised Code to obtain the release of	1809
information pertaining to the birth name of the adopted person and	1810
the identity of the adopted person's biological parents and	1811
biological siblings;	1812

(s) To act for and issue orders regarding wards pursuant to	1813
section 2111.50 of the Revised Code;	1814

(t) To hear and determine actions against sureties on the	1815
bonds of fiduciaries appointed by the probate court;	1816

(u) To hear and determine actions involving informed consent	1817
for medication of persons hospitalized pursuant to section	1818
5122.141 or 5122.15 of the Revised Code;	1819

(v) To hear and determine actions relating to durable powers	1820
of attorney for health care as described in division (D) of	1821
section 1337.16 of the Revised Code;	1822

(w) To hear and determine actions commenced by objecting	1823
individuals, in accordance with section 2133.05 of the Revised	1824
Code;	1825

(x) To hear and determine complaints that pertain to the use	1826
or continuation, or the withholding or withdrawal, of	1827
life-sustaining treatment in connection with certain patients	1828
allegedly in a terminal condition or in a permanently unconscious	1829
state pursuant to division (E) of section 2133.08 of the Revised	1830
Code, in accordance with that division;	1831

(y) To hear and determine applications that pertain to the	1832
withholding or withdrawal of nutrition and hydration from certain	1833
patients allegedly in a permanently unconscious state pursuant to	1834
section 2133.09 of the Revised Code, in accordance with that	1835
section;	1836

(z) To hear and determine applications of attending	1837
physicians in accordance with division (B) of section 2133.15 of	1838
the Revised Code;	1839

(aa) To hear and determine actions relative to the use or	1840
continuation of comfort care in connection with certain principals	1841
under durable powers of attorney for health care, declarants under	1842
declarations, or patients in accordance with division (E) of	1843
either section 1337.16 or 2133.12 of the Revised Code;	1844

(bb) To hear and determine applications for an order	1845
relieving an estate from administration under section 2113.03 of	1846
the Revised Code;	1847

(cc) To hear and determine applications for an order granting	1848
a summary release from administration under section 2113.031 of	1849
the Revised Code;	1850

(dd) To hear and determine actions relating to the exercise	1851
of the right of disposition, in accordance with section 2108.90 of	1852
the Revised Code;	1853

(ee) To hear and determine actions relating to the	1854
disinterment and reinterment of human remains under section 517.23	1855
of the Revised Code;	1856

(ff) To hear and determine petitions for an order for	1857
treatment of a person suffering from alcohol and other drug abuse	1858
filed under section 5119.93 of the Revised Code and to order	1859
treatment of that nature in accordance with, and take other	1860
actions afforded to the court under, sections 5119.90 to 5119.98	1861
of the Revised Code.	1862

(2) In addition to the exclusive jurisdiction conferred upon	1863
the probate court by division (A)(1) of this section, the probate	1864
court shall have exclusive jurisdiction over a particular subject	1865
matter if both of the following apply:	1866

(a) Another section of the Revised Code expressly confers	1867
jurisdiction over that subject matter upon the probate court.	1868

(b) No section of the Revised Code expressly confers	1869
jurisdiction over that subject matter upon any other court or	1870
agency.	1871

(B)(1) The probate court has concurrent jurisdiction with,	1872
and the same powers at law and in equity as, the general division	1873
of the court of common pleas to issue writs and orders, and to	1874
hear and determine actions as follows:	1875

(a) If jurisdiction relative to a particular subject matter	1876
is stated to be concurrent in a section of the Revised Code or has	1877
been construed by judicial decision to be concurrent, any action	1878
that involves that subject matter;	1879

(b) Any action that involves an inter vivos trust; a trust	1880
created pursuant to section 5815.28 of the Revised Code; a	1881
charitable trust or foundation; subject to divisions (A)(1)(u) and	1882
(z) of this section, a power of attorney, including, but not	1883
limited to, a durable power of attorney; the medical treatment of	1884
a competent adult; or a writ of habeas corpus;	1885

(c) Subject to section 2101.31 of the Revised Code, any	1886
action with respect to a probate estate, guardianship, trust, or	1887
post-death dispute that involves any of the following:	1888

(i) A designation or removal of a beneficiary of a life	1889
insurance policy, annuity contract, retirement plan, brokerage	1890
account, security account, bank account, real property, or	1891
tangible personal property;	1892

(ii) A designation or removal of a payable-on-death	1893
beneficiary or transfer-on-death beneficiary;	1894

(iii) A change in the title to any asset involving a joint	1895
and survivorship interest;	1896

(iv) An alleged gift;

1897

(v) The passing of assets upon the death of an individual	1898
otherwise than by will, intestate succession, or trust.	1899

(2) Any action that involves a concurrent jurisdiction	1900
subject matter and that is before the probate court may be	1901
transferred by the probate court, on its order, to the general	1902
division of the court of common pleas.	1903

(C) The probate court has plenary power at law and in equity	1904
to dispose fully of any matter that is properly before the court,	1905
unless the power is expressly otherwise limited or denied by a	1906
section of the Revised Code.	1907

(D) The jurisdiction acquired by a probate court over a	1908
matter or proceeding is exclusive of that of any other probate	1909
court, except when otherwise provided by law.	1910

Sec. 2108.521. (A) If a ~~mentally retarded person or a~~	1911
~~developmentally disabled~~ person with a developmental disability	1912
dies, if the department of developmental disabilities or a county	1913
board of developmental disabilities has a good faith reason to	1914
believe that the deceased person's death occurred under suspicious	1915
circumstances, if the coroner was apprised of the circumstances of	1916
the death, and if the coroner after being so apprised of the	1917
circumstances declines to conduct an autopsy, the department or	1918
the board may file a petition in a court of common pleas seeking	1919
an order authorizing an autopsy or post-mortem examination under	1920
this section.	1921

(B) Upon the filing of a petition under division (A) of this	1922
section, the court may conduct, but is not required to conduct, a	1923
hearing on the petition. The court may determine whether to grant	1924
the petition without a hearing. The department or board, and all	1925
other interested parties, may submit information and statements to	1926
the court that are relevant to the petition, and, if the court	1927
conducts a hearing, may present evidence and testimony at the	1928
hearing. The court shall order the requested autopsy or	1929
post-mortem examination if it finds that, under the circumstances,	1930
the department or board has demonstrated a need for the autopsy or	1931
post-mortem examination. The court shall order an autopsy or	1932
post-mortem examination in the circumstances specified in this	1933
division regardless of whether any consent has been given, or has	1934
been given and withdrawn, under section 2108.50 of the Revised	1935
Code, and regardless of whether any information was presented to	1936
the coroner pursuant to section 313.131 of the Revised Code or to	1937
the court under this section regarding an autopsy being contrary	1938
to the deceased person's religious beliefs.	1939

(C) An autopsy or post-mortem examination ordered under this	1940
section may be performed upon the body of the deceased person by a	1941
licensed physician or surgeon. The court may identify in the order	1942
the person who is to perform the autopsy or post-mortem	1943
examination. If an autopsy or post-mortem examination is ordered	1944
under this section, the department or board that requested the	1945
autopsy or examination shall pay the physician or surgeon who	1946
performs the autopsy or examination for costs and expenses	1947
incurred in performing the autopsy or examination.	1948

Sec. 2109.01. "Fiduciary," as used in Chapters 2101. to	1949
2131. of the Revised Code, means any person, other than an	1950
assignee or trustee for an insolvent debtor or a guardian under	1951
sections 5905.01 to 5905.19 of the Revised Code, appointed by and	1952
accountable to the probate court and acting in a fiduciary	1953
capacity for any person, or charged with duties in relation to any	1954
property, interest, trust, or estate for the benefit of another;	1955
and includes an agency under contract with the department of	1956
developmental disabilities for the provision of protective service	1957
under sections 5123.55 to 5123.59 of the Revised Code, appointed	1958
by and accountable to the probate court as guardian or trustee	1959
with respect to ~~mentally retarded or developmentally disabled~~	1960
persons with developmental disabilities.	1961

Sec. 2111.01. As used in Chapters 2101. to 2131. of the	1962
Revised Code:	1963

(A) "Guardian," other than a guardian under sections 5905.01	1964
to 5905.19 of the Revised Code, means any person, association, or	1965
corporation appointed by the probate court to have the care and	1966
management of the person, the estate, or both of an incompetent or	1967
minor. When applicable, "guardian" includes, but is not limited	1968
to, a limited guardian, an interim guardian, a standby guardian,	1969
and an emergency guardian appointed pursuant to division (B) of	1970
section 2111.02 of the Revised Code. "Guardian" also includes an	1971
agency under contract with the department of developmental	1972
disabilities for the provision of protective service under	1973
sections 5123.55 to 5123.59 of the Revised Code when appointed by	1974
the probate court to have the care and management of the person of	1975
an incompetent.	1976

(B) "Ward" means any person for whom a guardian is acting or	1977
for whom the probate court is acting pursuant to section 2111.50	1978
of the Revised Code.	1979

(C) "Resident guardian" means a guardian appointed by a	1980
probate court to have the care and management of property in this	1981
state that belongs to a nonresident ward.	1982

(D) "Incompetent" means any person who is so mentally	1983
impaired as a result of a mental or physical illness or	1984
disability, or ~~mental retardation~~a developmental disability that	1985
is an intellectual disability, or as a result of chronic substance	1986
abuse, that the person is incapable of taking proper care of the	1987
person's self or property or fails to provide for the person's	1988
family or other persons for whom the person is charged by law to	1989
provide, or any person confined to a correctional institution	1990
within this state.	1991

(E) "Next of kin" means any person who would be entitled to	1992
inherit from a ward under Chapter 2105. of the Revised Code if the	1993
ward dies intestate.	1994

(F) "Conservator" means a conservator appointed by the	1995
probate court in an order of conservatorship issued pursuant to	1996
section 2111.021 of the Revised Code.	1997

(G) "Parent" means a natural parent or adoptive parent of a	1998
minor child whose parental rights and responsibilities have not	1999
been terminated by a juvenile court or another court.	2000

(H) "Financial harm" means impairment of an individual's	2001
financial assets by unlawfully obtaining or exerting control over	2002
the individual's real or personal property in any of the following	2003
ways:	2004

(1) Without the consent of the individual or the person	2005
authorized to give consent on the individual's behalf;	2006

(2) Beyond the scope of the express or implied consent of the	2007
individual or the person authorized to give consent on the	2008
individual's behalf;	2009

(3) By deception;

2010

(4) By threat;

2011

(5) By intimidation;

2012

(6) By fraud;

2013

(7) By undue influence.

2014

Sec. 2111.10. As used in this section, ~~"mentally retarded~~	2015
~~person" and~~ "~~developmentally disabled~~ person with a developmental	2016
disability" ~~have~~has the same ~~meanings~~meaning as in section	2017
5123.01 of the Revised Code.	2018

Any appointment of a corporation as guardian shall apply to	2019
the estate only and not to the person, except that a nonprofit	2020
corporation organized under the laws of this state and entitled to	2021
tax exempt status under section 501(a) of the "Internal Revenue	2022
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as amended, that	2023
has a contract with the department of developmental disabilities	2024
to provide protective services may be appointed as a guardian of	2025
~~the person of a mentally retarded or developmentally disabled~~a	2026
person with a developmental disability and may serve as guardian	2027
pursuant to sections 5123.55 to 5123.59 of the Revised Code.	2028

Sec. 2111.49. (A)(1) Subject to division (A)(3) of this	2029
section, the guardian of an incompetent person shall file a	2030
guardian's report with the court two years after the date of the	2031
issuance of the guardian's letters of appointment and biennially	2032
after that time, or at any other time upon the motion or a rule of	2033
the probate court. The report shall be in a form prescribed by the	2034
court and shall include all of the following.	2035

(a) The present address of the place of residence of the	2036
ward;	2037

(b) The present address of the guardian;

2038

(c) If the place of residence of the ward is not the ward's	2039
personal home, the name of the facility at which the ward resides	2040
and the name of the person responsible for the ward's care;	2041

(d) The approximate number of times during the period covered	2042
by the report that the guardian has had contact with the ward, the	2043
nature of those contacts, and the date that the ward was last seen	2044
by the guardian;	2045

(e) Any major changes in the physical or mental condition of	2046
the ward observed by the guardian;	2047

(f) The opinion of the guardian as to the necessity for the	2048
continuation of the guardianship;	2049

(g) The opinion of the guardian as to the adequacy of the	2050
present care of the ward;	2051

(h) The date that the ward was last examined or otherwise	2052
seen by a physician and the purpose of that visit;	2053

(i) A statement by a licensed physician, licensed clinical	2054
psychologist, licensed independent social worker, licensed	2055
professional clinical counselor, or ~~mental retardation~~	2056
intellectual disability team that has evaluated or examined the	2057
ward within three months prior to the date of the report as to the	2058
need for continuing the guardianship.	2059

(2) The court shall review a report filed pursuant to	2060
division (A)(1) of this section to determine if a continued	2061
necessity for the guardianship exists. The court may direct a	2062
probate court investigator to verify aspects of the report.	2063

(3) Division (A)(1) of this section applies to guardians	2064
appointed prior to, as well as on or after, the effective date of	2065
this section. A guardian appointed prior to that date shall file	2066
the first report in accordance with any applicable court rule or	2067
motion, or, in the absence of such a rule or motion, upon the next	2068
occurring date on which a report would have been due if division	2069
(A)(1) of this section had been in effect on the date of	2070
appointment as guardian, and shall file all subsequently due	2071
reports biennially after that time.	2072

(B) If, upon review of any report required by division (A)(1)	2073
of this section, the court finds that it is necessary to intervene	2074
in a guardianship, the court shall take any action that it	2075
determines is necessary, including, but not limited to,	2076
terminating or modifying the guardianship.	2077

(C) Except as provided in this division, for any	2078
guardianship, upon written request by the ward, the ward's	2079
attorney, or any other interested party made at any time after the	2080
expiration of one hundred twenty days from the date of the	2081
original appointment of the guardian, a hearing shall be held in	2082
accordance with section 2111.02 of the Revised Code to evaluate	2083
the continued necessity of the guardianship. Upon written request,	2084
the court shall conduct a minimum of one hearing under this	2085
division in the calendar year in which the guardian was appointed,	2086
and upon written request, shall conduct a minimum of one hearing	2087
in each of the following calendar years. Upon its own motion or	2088
upon written request, the court may, in its discretion, conduct a	2089
hearing within the first one hundred twenty days after appointment	2090
of the guardian or conduct more than one hearing in a calendar	2091
year. If the ward alleges competence, the burden of proving	2092
incompetence shall be upon the applicant for guardianship or the	2093
guardian, by clear and convincing evidence.	2094

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

2095

(1) "Juvenile court" means whichever of the following is	2096
applicable that has jurisdiction under this chapter and Chapter	2097
2152. of the Revised Code:	2098

(a) The division of the court of common pleas specified in	2099
section 2101.022 or 2301.03 of the Revised Code as having	2100
jurisdiction under this chapter and Chapter 2152. of the Revised	2101
Code or as being the juvenile division or the juvenile division	2102
combined with one or more other divisions;	2103

(b) The juvenile court of Cuyahoga county or Hamilton county	2104
that is separately and independently created by section 2151.08 or	2105
Chapter 2153. of the Revised Code and that has jurisdiction under	2106
this chapter and Chapter 2152. of the Revised Code;	2107

(c) If division (A)(1)(a) or (b) of this section does not	2108
apply, the probate division of the court of common pleas.	2109

(2) "Juvenile judge" means a judge of a court having	2110
jurisdiction under this chapter.	2111

(3) "Private child placing agency" means any association, as	2112
defined in section 5103.02 of the Revised Code, that is certified	2113
under section 5103.03 of the Revised Code to accept temporary,	2114
permanent, or legal custody of children and place the children for	2115
either foster care or adoption.	2116

(4) "Private noncustodial agency" means any person,	2117
organization, association, or society certified by the department	2118
of job and family services that does not accept temporary or	2119
permanent legal custody of children, that is privately operated in	2120
this state, and that does one or more of the following:	2121

(a) Receives and cares for children for two or more	2122
consecutive weeks;	2123

(b) Participates in the placement of children in certified	2124
foster homes;	2125

(c) Provides adoption services in conjunction with a public	2126
children services agency or private child placing agency.	2127

(B) As used in this chapter:

2128

(1) "Adequate parental care" means the provision by a child's	2129
parent or parents, guardian, or custodian of adequate food,	2130
clothing, and shelter to ensure the child's health and physical	2131
safety and the provision by a child's parent or parents of	2132
specialized services warranted by the child's physical or mental	2133
needs.	2134

(2) "Adult" means an individual who is eighteen years of age	2135
or older.	2136

(3) "Agreement for temporary custody" means a voluntary	2137
agreement authorized by section 5103.15 of the Revised Code that	2138
transfers the temporary custody of a child to a public children	2139
services agency or a private child placing agency.	2140

(4) "Alternative response" means the public children services	2141
agency's response to a report of child abuse or neglect that	2142
engages the family in a comprehensive evaluation of child safety,	2143
risk of subsequent harm, and family strengths and needs and that	2144
does not include a determination as to whether child abuse or	2145
neglect occurred.	2146

(5) "Certified foster home" means a foster home, as defined	2147
in section 5103.02 of the Revised Code, certified under section	2148
5103.03 of the Revised Code.	2149

(6) "Child" means a person who is under eighteen years of	2150
age, except that the juvenile court has jurisdiction over any	2151
person who is adjudicated an unruly child prior to attaining	2152
eighteen years of age until the person attains twenty-one years of	2153
age, and, for purposes of that jurisdiction related to that	2154
adjudication, a person who is so adjudicated an unruly child shall	2155
be deemed a "child" until the person attains twenty-one years of	2156
age.	2157

(7) "Child day camp," "child care," "child day-care center,"	2158
"part-time child day-care center," "type A family day-care home,"	2159
"licensed type B family day-care home," "type B family day-care	2160
home," "administrator of a child day-care center," "administrator	2161
of a type A family day-care home," and "in-home aide" have the	2162
same meanings as in section 5104.01 of the Revised Code.	2163

(8) "Child care provider" means an individual who is a	2164
child-care staff member or administrator of a child day-care	2165
center, a type A family day-care home, or a type B family day-care	2166
home, or an in-home aide or an individual who is licensed, is	2167
regulated, is approved, operates under the direction of, or	2168
otherwise is certified by the department of job and family	2169
services, department of developmental disabilities, or the early	2170
childhood programs of the department of education.	2171

(9) "Chronic truant" has the same meaning as in section	2172
2152.02 of the Revised Code.	2173

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

2174

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

2175

(a) General counseling services performed by a public	2176
children services agency or shelter for victims of domestic	2177
violence to assist a child, a child's parents, and a child's	2178
siblings in alleviating identified problems that may cause or have	2179
caused the child to be an abused, neglected, or dependent child.	2180

(b) Psychiatric or psychological therapeutic counseling	2181
services provided to correct or alleviate any mental or emotional	2182
illness or disorder and performed by a licensed psychiatrist,	2183
licensed psychologist, or a person licensed under Chapter 4757. of	2184
the Revised Code to engage in social work or professional	2185
counseling.	2186

(12) "Custodian" means a person who has legal custody of a	2187
child or a public children services agency or private child	2188
placing agency that has permanent, temporary, or legal custody of	2189
a child.	2190

(13) "Delinquent child" has the same meaning as in section	2191
2152.02 of the Revised Code.	2192

(14) "Detention" means the temporary care of children pending	2193
court adjudication or disposition, or execution of a court order,	2194
in a public or private facility designed to physically restrict	2195
the movement and activities of children.	2196

(15) "Developmental disability" has the same meaning as in	2197
section 5123.01 of the Revised Code.	2198

(16) "Differential response approach" means an approach that	2199
a public children services agency may use to respond to accepted	2200
reports of child abuse or neglect with either an alternative	2201
response or a traditional response.	2202

(17) "Foster caregiver" has the same meaning as in section	2203
5103.02 of the Revised Code.	2204

(18) "Guardian" means a person, association, or corporation	2205
that is granted authority by a probate court pursuant to Chapter	2206
2111. of the Revised Code to exercise parental rights over a child	2207
to the extent provided in the court's order and subject to the	2208
residual parental rights of the child's parents.	2209

(19) "Habitual truant" means any child of compulsory school	2210
age who is absent without legitimate excuse for absence from the	2211
public school the child is supposed to attend for five or more	2212
consecutive school days, seven or more school days in one school	2213
month, or twelve or more school days in a school year.	2214

(20) "Juvenile traffic offender" has the same meaning as in	2215
section 2152.02 of the Revised Code.	2216

(21) "Legal custody" means a legal status that vests in the	2217
custodian the right to have physical care and control of the child	2218
and to determine where and with whom the child shall live, and the	2219
right and duty to protect, train, and discipline the child and to	2220
provide the child with food, shelter, education, and medical care,	2221
all subject to any residual parental rights, privileges, and	2222
responsibilities. An individual granted legal custody shall	2223
exercise the rights and responsibilities personally unless	2224
otherwise authorized by any section of the Revised Code or by the	2225
court.	2226

(22) A "legitimate excuse for absence from the public school	2227
the child is supposed to attend" includes, but is not limited to,	2228
any of the following:	2229

(a) The fact that the child in question has enrolled in and	2230
is attending another public or nonpublic school in this or another	2231
state;	2232

(b) The fact that the child in question is excused from	2233
attendance at school for any of the reasons specified in section	2234
3321.04 of the Revised Code;	2235

(c) The fact that the child in question has received an age	2236
and schooling certificate in accordance with section 3331.01 of	2237
the Revised Code.	2238

(23) "Mental illness" and "mentally ill person subject to	2239
hospitalization by court order" have the same meanings as in	2240
section 5122.01 of the Revised Code.	2241

(24) "Mental injury" means any behavioral, cognitive,	2242
emotional, or mental disorder in a child caused by an act or	2243
omission that is described in section 2919.22 of the Revised Code	2244
and is committed by the parent or other person responsible for the	2245
child's care.	2246

(25) ~~"Mentally retarded person" has the same meaning as in~~	2247
~~section 5123.01 of the Revised Code.~~	2248

~~(26)~~ "Nonsecure care, supervision, or training" means care,	2249
supervision, or training of a child in a facility that does not	2250
confine or prevent movement of the child within the facility or	2251
from the facility.	2252

~~(27)~~(26) "Of compulsory school age" has the same meaning as	2253
in section 3321.01 of the Revised Code.	2254

~~(28)~~(27) "Organization" means any institution, public,	2255
semipublic, or private, and any private association, society, or	2256
agency located or operating in the state, incorporated or	2257
unincorporated, having among its functions the furnishing of	2258
protective services or care for children, or the placement of	2259
children in certified foster homes or elsewhere.	2260

~~(29)~~(28) "Out-of-home care" means detention facilities,	2261
shelter facilities, certified children's crisis care facilities,	2262
certified foster homes, placement in a prospective adoptive home	2263
prior to the issuance of a final decree of adoption,	2264
organizations, certified organizations, child day-care centers,	2265
type A family day-care homes, type B family day-care homes, child	2266
care provided by in-home aides, group home providers, group homes,	2267
institutions, state institutions, residential facilities,	2268
residential care facilities, residential camps, day camps, public	2269
schools, chartered nonpublic schools, educational service centers,	2270
hospitals, and medical clinics that are responsible for the care,	2271
physical custody, or control of children.	2272

~~(30)~~(29) "Out-of-home care child abuse" means any of the	2273
following when committed by a person responsible for the care of a	2274
child in out-of-home care:	2275

(a) Engaging in sexual activity with a child in the person's	2276
care;	2277

(b) Denial to a child, as a means of punishment, of proper or	2278
necessary subsistence, education, medical care, or other care	2279
necessary for a child's health;	2280

(c) Use of restraint procedures on a child that cause injury	2281
or pain;	2282

(d) Administration of prescription drugs or psychotropic	2283
medication to the child without the written approval and ongoing	2284
supervision of a licensed physician;	2285

(e) Commission of any act, other than by accidental means,	2286
that results in any injury to or death of the child in out-of-home	2287
care or commission of any act by accidental means that results in	2288
an injury to or death of a child in out-of-home care and that is	2289
at variance with the history given of the injury or death.	2290

~~(31)~~(30) "Out-of-home care child neglect" means any of the	2291
following when committed by a person responsible for the care of a	2292
child in out-of-home care:	2293

(a) Failure to provide reasonable supervision according to	2294
the standards of care appropriate to the age, mental and physical	2295
condition, or other special needs of the child;	2296

(b) Failure to provide reasonable supervision according to	2297
the standards of care appropriate to the age, mental and physical	2298
condition, or other special needs of the child, that results in	2299
sexual or physical abuse of the child by any person;	2300

2301

(i) Administration of prescription drugs or psychotropic	2302
drugs for the child;	2303

(ii) Assuring that the instructions of the licensed physician	2304
who prescribed a drug for the child are followed;	2305

(iii) Reporting to the licensed physician who prescribed the	2306
drug all unfavorable or dangerous side effects from the use of the	2307
drug.	2308

(d) Failure to provide proper or necessary subsistence,	2309
education, medical care, or other individualized care necessary	2310
for the health or well-being of the child;	2311

(e) Confinement of the child to a locked room without	2312
monitoring by staff;	2313

(f) Failure to provide ongoing security for all prescription	2314
and nonprescription medication;	2315

(g) Isolation of a child for a period of time when there is	2316
substantial risk that the isolation, if continued, will impair or	2317
retard the mental health or physical well-being of the child.	2318

~~(32)~~(31) "Permanent custody" means a legal status that vests	2319
in a public children services agency or a private child placing	2320
agency, all parental rights, duties, and obligations, including	2321
the right to consent to adoption, and divests the natural parents	2322
or adoptive parents of all parental rights, privileges, and	2323
obligations, including all residual rights and obligations.	2324

~~(33)~~(32) "Permanent surrender" means the act of the parents	2325
or, if a child has only one parent, of the parent of a child, by a	2326
voluntary agreement authorized by section 5103.15 of the Revised	2327
Code, to transfer the permanent custody of the child to a public	2328
children services agency or a private child placing agency.	2329

~~(34)~~(33) "Person" means an individual, association,	2330
corporation, or partnership and the state or any of its political	2331
subdivisions, departments, or agencies.	2332

~~(35)~~(34) "Person responsible for a child's care in	2333
out-of-home care" means any of the following:	2334

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

2335

(b) Any administrator, employee, or agent of any of the	2336
following: a public or private detention facility; shelter	2337
facility; certified children's crisis care facility; organization;	2338
certified organization; child day-care center; type A family	2339
day-care home; licensed type B family day-care home; group home;	2340
institution; state institution; residential facility; residential	2341
care facility; residential camp; day camp; school district;	2342
community school; chartered nonpublic school; educational service	2343
center; hospital; or medical clinic;	2344

(c) Any person who supervises or coaches children as part of	2345
an extracurricular activity sponsored by a school district, public	2346
school, or chartered nonpublic school;	2347

(d) Any other person who performs a similar function with	2348
respect to, or has a similar relationship to, children.	2349

(35) "Person with an intellectual disability" has the same	2350
meaning as in section 5123.01 of the Revised Code.	2351

(36) "Physically impaired" means having one or more of the	2352
following conditions that substantially limit one or more of an	2353
individual's major life activities, including self-care, receptive	2354
and expressive language, learning, mobility, and self-direction:	2355

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

2356

(b) A congenital orthopedic impairment;

2357

(c) An orthopedic impairment caused by disease, rheumatic	2358
fever or any other similar chronic or acute health problem, or	2359
amputation or another similar cause.	2360

(37) "Placement for adoption" means the arrangement by a	2361
public children services agency or a private child placing agency	2362
with a person for the care and adoption by that person of a child	2363
of whom the agency has permanent custody.	2364

(38) "Placement in foster care" means the arrangement by a	2365
public children services agency or a private child placing agency	2366
for the out-of-home care of a child of whom the agency has	2367
temporary custody or permanent custody.	2368

(39) "Planned permanent living arrangement" means an order of	2369
a juvenile court pursuant to which both of the following apply:	2370

(a) The court gives legal custody of a child to a public	2371
children services agency or a private child placing agency without	2372
the termination of parental rights.	2373

(b) The order permits the agency to make an appropriate	2374
placement of the child and to enter into a written agreement with	2375
a foster care provider or with another person or agency with whom	2376
the child is placed.	2377

(40) "Practice of social work" and "practice of professional	2378
counseling" have the same meanings as in section 4757.01 of the	2379
Revised Code.	2380

(41) "Sanction, service, or condition" means a sanction,	2381
service, or condition created by court order following an	2382
adjudication that a child is an unruly child that is described in	2383
division (A)(4) of section 2152.19 of the Revised Code.	2384

(42) "Protective supervision" means an order of disposition	2385
pursuant to which the court permits an abused, neglected,	2386
dependent, or unruly child to remain in the custody of the child's	2387
parents, guardian, or custodian and stay in the child's home,	2388
subject to any conditions and limitations upon the child, the	2389
child's parents, guardian, or custodian, or any other person that	2390
the court prescribes, including supervision as directed by the	2391
court for the protection of the child.	2392

(43) "Psychiatrist" has the same meaning as in section	2393
5122.01 of the Revised Code.	2394

(44) "Psychologist" has the same meaning as in section	2395
4732.01 of the Revised Code.	2396

(45) "Residential camp" means a program in which the care,	2397
physical custody, or control of children is accepted overnight for	2398
recreational or recreational and educational purposes.	2399

(46) "Residential care facility" means an institution,	2400
residence, or facility that is licensed by the department of	2401
mental health and addiction services under section 5119.34 of the	2402
Revised Code and that provides care for a child.	2403

(47) "Residential facility" means a home or facility that is	2404
licensed by the department of developmental disabilities under	2405
section 5123.19 of the Revised Code and in which a child with a	2406
developmental disability resides.	2407

(48) "Residual parental rights, privileges, and	2408
responsibilities" means those rights, privileges, and	2409
responsibilities remaining with the natural parent after the	2410
transfer of legal custody of the child, including, but not	2411
necessarily limited to, the privilege of reasonable visitation,	2412
consent to adoption, the privilege to determine the child's	2413
religious affiliation, and the responsibility for support.	2414

(49) "School day" means the school day established by the	2415
board of education of the applicable school district pursuant to	2416
section 3313.481 of the Revised Code.	2417

(50) "School year" has the same meaning as in section 3313.62	2418
of the Revised Code.	2419

(51) "Secure correctional facility" means a facility under	2420
the direction of the department of youth services that is designed	2421
to physically restrict the movement and activities of children and	2422
used for the placement of children after adjudication and	2423
disposition.	2424

(52) "Sexual activity" has the same meaning as in section	2425
2907.01 of the Revised Code.	2426

(53) "Shelter" means the temporary care of children in	2427
physically unrestricted facilities pending court adjudication or	2428
disposition.	2429

(54) "Shelter for victims of domestic violence" has the same	2430
meaning as in section 3113.33 of the Revised Code.	2431

(55) "Temporary custody" means legal custody of a child who	2432
is removed from the child's home, which custody may be terminated	2433
at any time at the discretion of the court or, if the legal	2434
custody is granted in an agreement for temporary custody, by the	2435
person who executed the agreement.	2436

(56) "Traditional response" means a public children services	2437
agency's response to a report of child abuse or neglect that	2438
encourages engagement of the family in a comprehensive evaluation	2439
of the child's current and future safety needs and a fact-finding	2440
process to determine whether child abuse or neglect occurred and	2441
the circumstances surrounding the alleged harm or risk of harm.	2442

(C) For the purposes of this chapter, a child shall be	2443
presumed abandoned when the parents of the child have failed to	2444
visit or maintain contact with the child for more than ninety	2445
days, regardless of whether the parents resume contact with the	2446
child after that period of ninety days.	2447

Sec. 2151.281. (A) The court shall appoint a guardian ad	2448
litem, subject to rules adopted by the supreme court, to protect	2449
the interest of a child in any proceeding concerning an alleged or	2450
adjudicated delinquent child or unruly child when either of the	2451
following applies:	2452

(1) The child has no parent, guardian, or legal custodian.

2453

(2) The court finds that there is a conflict of interest	2454
between the child and the child's parent, guardian, or legal	2455
custodian.	2456

(B)(1) The court shall appoint a guardian ad litem, subject	2457
to rules adopted by the supreme court, to protect the interest of	2458
a child in any proceeding concerning an alleged abused or	2459
neglected child and in any proceeding held pursuant to section	2460
2151.414 of the Revised Code. The guardian ad litem so appointed	2461
shall not be the attorney responsible for presenting the evidence	2462
alleging that the child is an abused or neglected child and shall	2463
not be an employee of any party in the proceeding.	2464

(2) The guardian ad litem appointed for an alleged or	2465
adjudicated abused or neglected child may bring a civil action	2466
against any person who is required by division (A)(1) or (4) of	2467
section 2151.421 of the Revised Code to file a report of child	2468
abuse or child neglect that is known or reasonably suspected or	2469
believed to have occurred if that person knows, or has reasonable	2470
cause to suspect or believe based on facts that would cause a	2471
reasonable person in a similar position to suspect or believe, as	2472
applicable, that the child for whom the guardian ad litem is	2473
appointed is the subject of child abuse or child neglect and does	2474
not file the required report and if the child suffers any injury	2475
or harm as a result of the child abuse or child neglect that is	2476
known or reasonably suspected or believed to have occurred or	2477
suffers additional injury or harm after the failure to file the	2478
report.	2479

(C) In any proceeding concerning an alleged or adjudicated	2480
delinquent, unruly, abused, neglected, or dependent child in which	2481
the parent appears to be mentally incompetent or is under eighteen	2482
years of age, the court shall appoint a guardian ad litem to	2483
protect the interest of that parent.	2484

(D) The court shall require the guardian ad litem to	2485
faithfully discharge the guardian ad litem's duties and, upon the	2486
guardian ad litem's failure to faithfully discharge the guardian	2487
ad litem's duties, shall discharge the guardian ad litem and	2488
appoint another guardian ad litem. The court may fix the	2489
compensation for the service of the guardian ad litem, which	2490
compensation shall be paid from the treasury of the county,	2491
subject to rules adopted by the supreme court.	2492

(E) A parent who is eighteen years of age or older and not	2493
mentally incompetent shall be deemed sui juris for the purpose of	2494
any proceeding relative to a child of the parent who is alleged or	2495
adjudicated to be an abused, neglected, or dependent child.	2496

(F) In any case in which a parent of a child alleged or	2497
adjudicated to be an abused, neglected, or dependent child is	2498
under eighteen years of age, the parents of that parent shall be	2499
summoned to appear at any hearing respecting the child, who is	2500
alleged or adjudicated to be an abused, neglected, or dependent	2501
child.	2502

(G) In any case involving an alleged or adjudicated abused	2503
or neglected child or an agreement for the voluntary surrender of	2504
temporary or permanent custody of a child that is made in	2505
accordance with section 5103.15 of the Revised Code, the court	2506
shall appoint the guardian ad litem in each case as soon as	2507
possible after the complaint is filed, the request for an	2508
extension of the temporary custody agreement is filed with the	2509
court, or the request for court approval of the permanent custody	2510
agreement is filed. In any case involving an alleged dependent	2511
child in which the parent of the child appears to be mentally	2512
incompetent or is under eighteen years of age, there is a conflict	2513
of interest between the child and the child's parents, guardian,	2514
or custodian, or the court believes that the parent of the child	2515
is not capable of representing the best interest of the child, the	2516
court shall appoint a guardian ad litem for the child. The	2517
guardian ad litem or the guardian ad litem's replacement shall	2518
continue to serve until any of the following occur:	2519

(1) The complaint is dismissed or the request for an	2520
extension of a temporary custody agreement or for court approval	2521
of the permanent custody agreement is withdrawn or denied;	2522

(2) All dispositional orders relative to the child have	2523
terminated;	2524

(3) The legal custody of the child is granted to a relative	2525
of the child, or to another person;	2526

(4) The child is placed in an adoptive home or, at the	2527
court's discretion, a final decree of adoption is issued with	2528
respect to the child;	2529

(5) The child reaches the age of eighteen if the child is	2530
does not ~~mentally retarded, developmentally disabled,~~have a	2531
developmental disability or ~~physically impaired~~physical	2532
impairment or the child reaches the age of twenty-one if the child	2533
~~is mentally retarded, developmentally disabled,~~has a	2534
developmental disability or ~~physically impaired~~physical	2535
impairment;	2536

(6) The guardian ad litem resigns or is removed by the court	2537
and a replacement is appointed by the court.	2538

If a guardian ad litem ceases to serve a child pursuant to	2539
division (G)(4) of this section and the petition for adoption with	2540
respect to the child is denied or withdrawn prior to the issuance	2541
of a final decree of adoption or prior to the date an	2542
interlocutory order of adoption becomes final, the juvenile court	2543
shall reappoint a guardian ad litem for that child. The public	2544
children services agency or private child placing agency with	2545
permanent custody of the child shall notify the juvenile court if	2546
the petition for adoption is denied or withdrawn.	2547

(H) If the guardian ad litem for an alleged or adjudicated	2548
abused, neglected, or dependent child is an attorney admitted to	2549
the practice of law in this state, the guardian ad litem also may	2550
serve as counsel to the ward. Until the supreme court adopts rules	2551
regarding service as a guardian ad litem that regulate conflicts	2552
between a person's role as guardian ad litem and as counsel, if a	2553
person is serving as guardian ad litem and counsel for a child and	2554
either that person or the court finds that a conflict may exist	2555
between the person's roles as guardian ad litem and as counsel,	2556
the court shall relieve the person of duties as guardian ad litem	2557
and appoint someone else as guardian ad litem for the child. If	2558
the court appoints a person who is not an attorney admitted to the	2559
practice of law in this state to be a guardian ad litem, the court	2560
also may appoint an attorney admitted to the practice of law in	2561
this state to serve as counsel for the guardian ad litem.	2562

(I) The guardian ad litem for an alleged or adjudicated	2563
abused, neglected, or dependent child shall perform whatever	2564
functions are necessary to protect the best interest of the child,	2565
including, but not limited to, investigation, mediation,	2566
monitoring court proceedings, and monitoring the services provided	2567
the child by the public children services agency or private child	2568
placing agency that has temporary or permanent custody of the	2569
child, and shall file any motions and other court papers that are	2570
in the best interest of the child.	2571

The guardian ad litem shall be given notice of all hearings,	2572
administrative reviews, and other proceedings in the same manner	2573
as notice is given to parties to the action.	2574

(J)(1) When the court appoints a guardian ad litem pursuant	2575
to this section, it shall appoint a qualified volunteer or court	2576
appointed special advocate whenever one is available and the	2577
appointment is appropriate.	2578

(2) Upon request, the department of job and family services	2579
shall provide for the training of volunteer guardians ad litem.	2580

Sec. 2151.353. (A) If a child is adjudicated an abused,	2581
neglected, or dependent child, the court may make any of the	2582
following orders of disposition:	2583

(1) Place the child in protective supervision;

2584

(2) Commit the child to the temporary custody of a public	2585
children services agency, a private child placing agency, either	2586
parent, a relative residing within or outside the state, or a	2587
probation officer for placement in a certified foster home, or in	2588
any other home approved by the court;	2589

(3) Award legal custody of the child to either parent or to	2590
any other person who, prior to the dispositional hearing, files a	2591
motion requesting legal custody of the child or is identified as a	2592
proposed legal custodian in a complaint or motion filed prior to	2593
the dispositional hearing by any party to the proceedings. A	2594
person identified in a complaint or motion filed by a party to the	2595
proceedings as a proposed legal custodian shall be awarded legal	2596
custody of the child only if the person identified signs a	2597
statement of understanding for legal custody that contains at	2598
least the following provisions:	2599

(a) That it is the intent of the person to become the legal	2600
custodian of the child and the person is able to assume legal	2601
responsibility for the care and supervision of the child;	2602

(b) That the person understands that legal custody of the	2603
child in question is intended to be permanent in nature and that	2604
the person will be responsible as the custodian for the child	2605
until the child reaches the age of majority. Responsibility as	2606
custodian for the child shall continue beyond the age of majority	2607
if, at the time the child reaches the age of majority, the child	2608
is pursuing a diploma granted by the board of education or other	2609
governing authority, successful completion of the curriculum of	2610
any high school, successful completion of an individualized	2611
education program developed for the student by any high school, or	2612
an age and schooling certificate. Responsibility beyond the age of	2613
majority shall terminate when the child ceases to continuously	2614
pursue such an education, completes such an education, or is	2615
excused from such an education under standards adopted by the	2616
state board of education, whichever occurs first.	2617

(c) That the parents of the child have residual parental	2618
rights, privileges, and responsibilities, including, but not	2619
limited to, the privilege of reasonable visitation, consent to	2620
adoption, the privilege to determine the child's religious	2621
affiliation, and the responsibility for support;	2622

(d) That the person understands that the person must be	2623
present in court for the dispositional hearing in order to affirm	2624
the person's intention to become legal custodian, to affirm that	2625
the person understands the effect of the custodianship before the	2626
court, and to answer any questions that the court or any parties	2627
to the case may have.	2628

(4) Commit the child to the permanent custody of a public	2629
children services agency or private child placing agency, if the	2630
court determines in accordance with division (E) of section	2631
2151.414 of the Revised Code that the child cannot be placed with	2632
one of the child's parents within a reasonable time or should not	2633
be placed with either parent and determines in accordance with	2634
division (D)(1) of section 2151.414 of the Revised Code that the	2635
permanent commitment is in the best interest of the child. If the	2636
court grants permanent custody under this division, the court,	2637
upon the request of any party, shall file a written opinion	2638
setting forth its findings of fact and conclusions of law in	2639
relation to the proceeding.	2640

(5) Place the child in a planned permanent living arrangement	2641
with a public children services agency or private child placing	2642
agency, if a public children services agency or private child	2643
placing agency requests the court to place the child in a planned	2644
permanent living arrangement and if the court finds, by clear and	2645
convincing evidence, that a planned permanent living arrangement	2646
is in the best interest of the child and that one of the following	2647
exists:	2648

(a) The child, because of physical, mental, or psychological	2649
problems or needs, is unable to function in a family-like setting	2650
and must remain in residential or institutional care now and for	2651
the foreseeable future beyond the date of the dispositional	2652
hearing held pursuant to section 2151.35 of the Revised Code.	2653

(b) The parents of the child have significant physical,	2654
mental, or psychological problems and are unable to care for the	2655
child because of those problems, adoption is not in the best	2656
interest of the child, as determined in accordance with division	2657
(D)(1) of section 2151.414 of the Revised Code, and the child	2658
retains a significant and positive relationship with a parent or	2659
relative.	2660

(c) The child is sixteen years of age or older, has been	2661
counseled on the permanent placement options available to the	2662
child, is unwilling to accept or unable to adapt to a permanent	2663
placement, and is in an agency program preparing the child for	2664
independent living.	2665

(6) Order the removal from the child's home until further	2666
order of the court of the person who committed abuse as described	2667
in section 2151.031 of the Revised Code against the child, who	2668
caused or allowed the child to suffer neglect as described in	2669
section 2151.03 of the Revised Code, or who is the parent,	2670
guardian, or custodian of a child who is adjudicated a dependent	2671
child and order any person not to have contact with the child or	2672
the child's siblings.	2673

(B) No order for permanent custody or temporary custody of a	2674
child or the placement of a child in a planned permanent living	2675
arrangement shall be made pursuant to this section unless the	2676
complaint alleging the abuse, neglect, or dependency contains a	2677
prayer requesting permanent custody, temporary custody, or the	2678
placement of the child in a planned permanent living arrangement	2679
as desired, the summons served on the parents of the child	2680
contains as is appropriate a full explanation that the granting of	2681
an order for permanent custody permanently divests them of their	2682
parental rights, a full explanation that an adjudication that the	2683
child is an abused, neglected, or dependent child may result in an	2684
order of temporary custody that will cause the removal of the	2685
child from their legal custody until the court terminates the	2686
order of temporary custody or permanently divests the parents of	2687
their parental rights, or a full explanation that the granting of	2688
an order for a planned permanent living arrangement will result in	2689
the removal of the child from their legal custody if any of the	2690
conditions listed in divisions (A)(5)(a) to (c) of this section	2691
are found to exist, and the summons served on the parents contains	2692
a full explanation of their right to be represented by counsel and	2693
to have counsel appointed pursuant to Chapter 120. of the Revised	2694
Code if they are indigent.	2695

If after making disposition as authorized by division (A)(2)	2696
of this section, a motion is filed that requests permanent custody	2697
of the child, the court may grant permanent custody of the child	2698
to the movant in accordance with section 2151.414 of the Revised	2699
Code.	2700

(C) If the court issues an order for protective supervision	2701
pursuant to division (A)(1) of this section, the court may place	2702
any reasonable restrictions upon the child, the child's parents,	2703
guardian, or custodian, or any other person, including, but not	2704
limited to, any of the following:	2705

(1) Order a party, within forty-eight hours after the	2706
issuance of the order, to vacate the child's home indefinitely or	2707
for a specified period of time;	2708

(2) Order a party, a parent of the child, or a physical	2709
custodian of the child to prevent any particular person from	2710
having contact with the child;	2711

(3) Issue an order restraining or otherwise controlling the	2712
conduct of any person which conduct would not be in the best	2713
interest of the child.	2714

(D) As part of its dispositional order, the court shall	2715
journalize a case plan for the child. The journalized case plan	2716
shall not be changed except as provided in section 2151.412 of the	2717
Revised Code.	2718

(E)(1) The court shall retain jurisdiction over any child for	2719
whom the court issues an order of disposition pursuant to division	2720
(A) of this section or pursuant to section 2151.414 or 2151.415 of	2721
the Revised Code until the child attains the age of eighteen years	2722
if the child isdoes not ~~mentally retarded, developmentally~~	2723
~~disabled,~~have a developmental disability or ~~physically impaired~~	2724
physical impairment, the child attains the age of twenty-one years	2725
if the child ~~is mentally retarded, developmentally disabled,~~has a	2726
developmental disability or ~~physically impaired~~physical	2727
impairment, or the child is adopted and a final decree of adoption	2728
is issued, except that the court may retain jurisdiction over the	2729
child and continue any order of disposition under division (A) of	2730
this section or under section 2151.414 or 2151.415 of the Revised	2731
Code for a specified period of time to enable the child to	2732
graduate from high school or vocational school. The court shall	2733
make an entry continuing its jurisdiction under this division in	2734
the journal.	2735

(2) Any public children services agency, any private child	2736
placing agency, the department of job and family services, or any	2737
party, other than any parent whose parental rights with respect to	2738
the child have been terminated pursuant to an order issued under	2739
division (A)(4) of this section, by filing a motion with the	2740
court, may at any time request the court to modify or terminate	2741
any order of disposition issued pursuant to division (A) of this	2742
section or section 2151.414 or 2151.415 of the Revised Code. The	2743
court shall hold a hearing upon the motion as if the hearing were	2744
the original dispositional hearing and shall give all parties to	2745
the action and the guardian ad litem notice of the hearing	2746
pursuant to the Juvenile Rules. If applicable, the court shall	2747
comply with section 2151.42 of the Revised Code.	2748

(F) Any temporary custody order issued pursuant to division	2749
(A) of this section shall terminate one year after the earlier of	2750
the date on which the complaint in the case was filed or the child	2751
was first placed into shelter care, except that, upon the filing	2752
of a motion pursuant to section 2151.415 of the Revised Code, the	2753
temporary custody order shall continue and not terminate until the	2754
court issues a dispositional order under that section. In	2755
resolving the motion, the court shall not order an existing	2756
temporary custody order to continue beyond two years after the	2757
date on which the complaint was filed or the child was first	2758
placed into shelter care, whichever date is earlier, regardless of	2759
whether any extensions have been previously ordered pursuant to	2760
division (D) of section 2151.415 of the Revised Code.	2761

(G)(1) No later than one year after the earlier of the date	2762
the complaint in the case was filed or the child was first placed	2763
in shelter care, a party may ask the court to extend an order for	2764
protective supervision for six months or to terminate the order. A	2765
party requesting extension or termination of the order shall file	2766
a written request for the extension or termination with the court	2767
and give notice of the proposed extension or termination in	2768
writing before the end of the day after the day of filing it to	2769
all parties and the child's guardian ad litem. If a public	2770
children services agency or private child placing agency requests	2771
termination of the order, the agency shall file a written status	2772
report setting out the facts supporting termination of the order	2773
at the time it files the request with the court. If no party	2774
requests extension or termination of the order, the court shall	2775
notify the parties that the court will extend the order for six	2776
months or terminate it and that it may do so without a hearing	2777
unless one of the parties requests a hearing. All parties and the	2778
guardian ad litem shall have seven days from the date a notice is	2779
sent pursuant to this division to object to and request a hearing	2780
on the proposed extension or termination.	2781

(a) If it receives a timely request for a hearing, the court	2782
shall schedule a hearing to be held no later than thirty days	2783
after the request is received by the court. The court shall give	2784
notice of the date, time, and location of the hearing to all	2785
parties and the guardian ad litem. At the hearing, the court shall	2786
determine whether extension or termination of the order is in the	2787
child's best interest. If termination is in the child's best	2788
interest, the court shall terminate the order. If extension is in	2789
the child's best interest, the court shall extend the order for	2790
six months.	2791

(b) If it does not receive a timely request for a hearing,	2792
the court may extend the order for six months or terminate it	2793
without a hearing and shall journalize the order of extension or	2794
termination not later than fourteen days after receiving the	2795
request for extension or termination or after the date the court	2796
notifies the parties that it will extend or terminate the order.	2797
If the court does not extend or terminate the order, it shall	2798
schedule a hearing to be held no later than thirty days after the	2799
expiration of the applicable fourteen-day time period and give	2800
notice of the date, time, and location of the hearing to all	2801
parties and the child's guardian ad litem. At the hearing, the	2802
court shall determine whether extension or termination of the	2803
order is in the child's best interest. If termination is in the	2804
child's best interest, the court shall terminate the order. If	2805
extension is in the child's best interest, the court shall issue	2806
an order extending the order for protective supervision six	2807
months.	2808

(2) If the court grants an extension of the order for	2809
protective supervision pursuant to division (G)(1) of this	2810
section, a party may, prior to termination of the extension, file	2811
with the court a request for an additional extension of six months	2812
or for termination of the order. The court and the parties shall	2813
comply with division (G)(1) of this section with respect to	2814
extending or terminating the order.	2815

(3) If a court grants an extension pursuant to division	2816
(G)(2) of this section, the court shall terminate the order for	2817
protective supervision at the end of the extension.	2818

(H) The court shall not issue a dispositional order pursuant	2819
to division (A) of this section that removes a child from the	2820
child's home unless the court complies with section 2151.419 of	2821
the Revised Code and includes in the dispositional order the	2822
findings of fact required by that section.	2823

(I) If a motion or application for an order described in	2824
division (A)(6) of this section is made, the court shall not issue	2825
the order unless, prior to the issuance of the order, it provides	2826
to the person all of the following:	2827

(1) Notice and a copy of the motion or application;

2828

(2) The grounds for the motion or application;

2829

(3) An opportunity to present evidence and witnesses at a	2830
hearing regarding the motion or application;	2831

(4) An opportunity to be represented by counsel at the	2832
hearing.	2833

(J) The jurisdiction of the court shall terminate one year	2834
after the date of the award or, if the court takes any further	2835
action in the matter subsequent to the award, the date of the	2836
latest further action subsequent to the award, if the court awards	2837
legal custody of a child to either of the following:	2838

(1) A legal custodian who, at the time of the award of legal	2839
custody, resides in a county of this state other than the county	2840
in which the court is located;	2841

(2) A legal custodian who resides in the county in which the	2842
court is located at the time of the award of legal custody, but	2843
moves to a different county of this state prior to one year after	2844
the date of the award or, if the court takes any further action in	2845
the matter subsequent to the award, one year after the date of the	2846
latest further action subsequent to the award.	2847

The court in the county in which the legal custodian resides	2848
then shall have jurisdiction in the matter.	2849

Sec. 2151.414. (A)(1) Upon the filing of a motion pursuant	2850
to section 2151.413 of the Revised Code for permanent custody of a	2851
child, the court shall schedule a hearing and give notice of the	2852
filing of the motion and of the hearing, in accordance with	2853
section 2151.29 of the Revised Code, to all parties to the action	2854
and to the child's guardian ad litem. The notice also shall	2855
contain a full explanation that the granting of permanent custody	2856
permanently divests the parents of their parental rights, a full	2857
explanation of their right to be represented by counsel and to	2858
have counsel appointed pursuant to Chapter 120. of the Revised	2859
Code if they are indigent, and the name and telephone number of	2860
the court employee designated by the court pursuant to section	2861
2151.314 of the Revised Code to arrange for the prompt appointment	2862
of counsel for indigent persons.	2863

The court shall conduct a hearing in accordance with section	2864
2151.35 of the Revised Code to determine if it is in the best	2865
interest of the child to permanently terminate parental rights and	2866
grant permanent custody to the agency that filed the motion. The	2867
adjudication that the child is an abused, neglected, or dependent	2868
child and any dispositional order that has been issued in the case	2869
under section 2151.353 of the Revised Code pursuant to the	2870
adjudication shall not be readjudicated at the hearing and shall	2871
not be affected by a denial of the motion for permanent custody.	2872

(2) The court shall hold the hearing scheduled pursuant to	2873
division (A)(1) of this section not later than one hundred twenty	2874
days after the agency files the motion for permanent custody,	2875
except that, for good cause shown, the court may continue the	2876
hearing for a reasonable period of time beyond the	2877
one-hundred-twenty-day deadline. The court shall issue an order	2878
that grants, denies, or otherwise disposes of the motion for	2879
permanent custody, and journalize the order, not later than two	2880
hundred days after the agency files the motion.	2881

If a motion is made under division (D)(2) of section 2151.413	2882
of the Revised Code and no dispositional hearing has been held in	2883
the case, the court may hear the motion in the dispositional	2884
hearing required by division (B) of section 2151.35 of the Revised	2885
Code. If the court issues an order pursuant to section 2151.353 of	2886
the Revised Code granting permanent custody of the child to the	2887
agency, the court shall immediately dismiss the motion made under	2888
division (D)(2) of section 2151.413 of the Revised Code.	2889

The failure of the court to comply with the time periods set	2890
forth in division (A)(2) of this section does not affect the	2891
authority of the court to issue any order under this chapter and	2892
does not provide any basis for attacking the jurisdiction of the	2893
court or the validity of any order of the court.	2894

(B)(1) Except as provided in division (B)(2) of this section,	2895
the court may grant permanent custody of a child to a movant if	2896
the court determines at the hearing held pursuant to division (A)	2897
of this section, by clear and convincing evidence, that it is in	2898
the best interest of the child to grant permanent custody of the	2899
child to the agency that filed the motion for permanent custody	2900
and that any of the following apply:	2901

(a) The child is not abandoned or orphaned, has not been in	2902
the temporary custody of one or more public children services	2903
agencies or private child placing agencies for twelve or more	2904
months of a consecutive twenty-two-month period, or has not been	2905
in the temporary custody of one or more public children services	2906
agencies or private child placing agencies for twelve or more	2907
months of a consecutive twenty-two-month period if, as described	2908
in division (D)(1) of section 2151.413 of the Revised Code, the	2909
child was previously in the temporary custody of an equivalent	2910
agency in another state, and the child cannot be placed with	2911
either of the child's parents within a reasonable time or should	2912
not be placed with the child's parents.	2913

(b) The child is abandoned.

2914

(c) The child is orphaned, and there are no relatives of the	2915
child who are able to take permanent custody.	2916

(d) The child has been in the temporary custody of one or	2917
more public children services agencies or private child placing	2918
agencies for twelve or more months of a consecutive	2919
twenty-two-month period, or the child has been in the temporary	2920
custody of one or more public children services agencies or	2921
private child placing agencies for twelve or more months of a	2922
consecutive twenty-two-month period and, as described in division	2923
(D)(1) of section 2151.413 of the Revised Code, the child was	2924
previously in the temporary custody of an equivalent agency in	2925
another state.	2926

For the purposes of division (B)(1) of this section, a child	2927
shall be considered to have entered the temporary custody of an	2928
agency on the earlier of the date the child is adjudicated	2929
pursuant to section 2151.28 of the Revised Code or the date that	2930
is sixty days after the removal of the child from home.	2931

(2) With respect to a motion made pursuant to division (D)(2)	2932
of section 2151.413 of the Revised Code, the court shall grant	2933
permanent custody of the child to the movant if the court	2934
determines in accordance with division (E) of this section that	2935
the child cannot be placed with one of the child's parents within	2936
a reasonable time or should not be placed with either parent and	2937
determines in accordance with division (D) of this section that	2938
permanent custody is in the child's best interest.	2939

(C) In making the determinations required by this section or	2940
division (A)(4) of section 2151.353 of the Revised Code, a court	2941
shall not consider the effect the granting of permanent custody to	2942
the agency would have upon any parent of the child. A written	2943
report of the guardian ad litem of the child shall be submitted to	2944
the court prior to or at the time of the hearing held pursuant to	2945
division (A) of this section or section 2151.35 of the Revised	2946
Code but shall not be submitted under oath.	2947

If the court grants permanent custody of a child to a movant	2948
under this division, the court, upon the request of any party,	2949
shall file a written opinion setting forth its findings of fact	2950
and conclusions of law in relation to the proceeding. The court	2951
shall not deny an agency's motion for permanent custody solely	2952
because the agency failed to implement any particular aspect of	2953
the child's case plan.	2954

(D)(1) In determining the best interest of a child at a	2955
hearing held pursuant to division (A) of this section or for the	2956
purposes of division (A)(4) or (5) of section 2151.353 or division	2957
(C) of section 2151.415 of the Revised Code, the court shall	2958
consider all relevant factors, including, but not limited to, the	2959
following:	2960

(a) The interaction and interrelationship of the child with	2961
the child's parents, siblings, relatives, foster caregivers and	2962
out-of-home providers, and any other person who may significantly	2963
affect the child;	2964

(b) The wishes of the child, as expressed directly by the	2965
child or through the child's guardian ad litem, with due regard	2966
for the maturity of the child;	2967

(c) The custodial history of the child, including whether the	2968
child has been in the temporary custody of one or more public	2969
children services agencies or private child placing agencies for	2970
twelve or more months of a consecutive twenty-two-month period, or	2971
the child has been in the temporary custody of one or more public	2972
children services agencies or private child placing agencies for	2973
twelve or more months of a consecutive twenty-two-month period	2974
and, as described in division (D)(1) of section 2151.413 of the	2975
Revised Code, the child was previously in the temporary custody of	2976
an equivalent agency in another state;	2977

(d) The child's need for a legally secure permanent placement	2978
and whether that type of placement can be achieved without a grant	2979
of permanent custody to the agency;	2980

(e) Whether any of the factors in divisions (E)(7) to (11) of	2981
this section apply in relation to the parents and child.	2982

For the purposes of division (D)(1) of this section, a child	2983
shall be considered to have entered the temporary custody of an	2984
agency on the earlier of the date the child is adjudicated	2985
pursuant to section 2151.28 of the Revised Code or the date that	2986
is sixty days after the removal of the child from home.	2987

(2) If all of the following apply, permanent custody is in	2988
the best interest of the child and the court shall commit the	2989
child to the permanent custody of a public children services	2990
agency or private child placing agency:	2991

(a) The court determines by clear and convincing evidence	2992
that one or more of the factors in division (E) of this section	2993
exist and the child cannot be placed with one of the child's	2994
parents within a reasonable time or should not be placed with	2995
either parent.	2996

(b) The child has been in an agency's custody for two years	2997
or longer, and no longer qualifies for temporary custody pursuant	2998
to division (D) of section 2151.415 of the Revised Code.	2999

(c) The child does not meet the requirements for a planned	3000
permanent living arrangement pursuant to division (A)(5) of	3001
section 2151.353 of the Revised Code.	3002

(d) Prior to the dispositional hearing, no relative or other	3003
interested person has filed, or has been identified in, a motion	3004
for legal custody of the child.	3005

(E) In determining at a hearing held pursuant to division (A)	3006
of this section or for the purposes of division (A)(4) of section	3007
2151.353 of the Revised Code whether a child cannot be placed with	3008
either parent within a reasonable period of time or should not be	3009
placed with the parents, the court shall consider all relevant	3010
evidence. If the court determines, by clear and convincing	3011
evidence, at a hearing held pursuant to division (A) of this	3012
section or for the purposes of division (A)(4) of section 2151.353	3013
of the Revised Code that one or more of the following exist as to	3014
each of the child's parents, the court shall enter a finding that	3015
the child cannot be placed with either parent within a reasonable	3016
time or should not be placed with either parent:	3017

(1) Following the placement of the child outside the child's	3018
home and notwithstanding reasonable case planning and diligent	3019
efforts by the agency to assist the parents to remedy the problems	3020
that initially caused the child to be placed outside the home, the	3021
parent has failed continuously and repeatedly to substantially	3022
remedy the conditions causing the child to be placed outside the	3023
child's home. In determining whether the parents have	3024
substantially remedied those conditions, the court shall consider	3025
parental utilization of medical, psychiatric, psychological, and	3026
other social and rehabilitative services and material resources	3027
that were made available to the parents for the purpose of	3028
changing parental conduct to allow them to resume and maintain	3029
parental duties.	3030

(2) Chronic mental illness, chronic emotional illness, ~~mental~~	3031
~~retardation~~developmental disability that is an intellectual	3032
disability, physical disability, or chemical dependency of the	3033
parent that is so severe that it makes the parent unable to	3034
provide an adequate permanent home for the child at the present	3035
time and, as anticipated, within one year after the court holds	3036
the hearing pursuant to division (A) of this section or for the	3037
purposes of division (A)(4) of section 2151.353 of the Revised	3038
Code;	3039

(3) The parent committed any abuse as described in section	3040
2151.031 of the Revised Code against the child, caused the child	3041
to suffer any neglect as described in section 2151.03 of the	3042
Revised Code, or allowed the child to suffer any neglect as	3043
described in section 2151.03 of the Revised Code between the date	3044
that the original complaint alleging abuse or neglect was filed	3045
and the date of the filing of the motion for permanent custody;	3046

(4) The parent has demonstrated a lack of commitment toward	3047
the child by failing to regularly support, visit, or communicate	3048
with the child when able to do so, or by other actions showing an	3049
unwillingness to provide an adequate permanent home for the child;	3050

(5) The parent is incarcerated for an offense committed	3051
against the child or a sibling of the child;	3052

(6) The parent has been convicted of or pleaded guilty to an	3053
offense under division (A) or (C) of section 2919.22 or under	3054
section 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03,	3055
2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	3056
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	3057
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24,	3058
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the	3059
Revised Code and the child or a sibling of the child was a victim	3060
of the offense or the parent has been convicted of or pleaded	3061
guilty to an offense under section 2903.04 of the Revised Code, a	3062
sibling of the child was the victim of the offense, and the parent	3063
who committed the offense poses an ongoing danger to the child or	3064
a sibling of the child.	3065

(7) The parent has been convicted of or pleaded guilty to one	3066
of the following:	3067

(a) An offense under section 2903.01, 2903.02, or 2903.03 of	3068
the Revised Code or under an existing or former law of this state,	3069
any other state, or the United States that is substantially	3070
equivalent to an offense described in those sections and the	3071
victim of the offense was a sibling of the child or the victim was	3072
another child who lived in the parent's household at the time of	3073
the offense;	3074

(b) An offense under section 2903.11, 2903.12, or 2903.13 of	3075
the Revised Code or under an existing or former law of this state,	3076
any other state, or the United States that is substantially	3077
equivalent to an offense described in those sections and the	3078
victim of the offense is the child, a sibling of the child, or	3079
another child who lived in the parent's household at the time of	3080
the offense;	3081

(c) An offense under division (B)(2) of section 2919.22 of	3082
the Revised Code or under an existing or former law of this state,	3083
any other state, or the United States that is substantially	3084
equivalent to the offense described in that section and the child,	3085
a sibling of the child, or another child who lived in the parent's	3086
household at the time of the offense is the victim of the offense;	3087

(d) An offense under section 2907.02, 2907.03, 2907.04,	3088
2907.05, or 2907.06 of the Revised Code or under an existing or	3089
former law of this state, any other state, or the United States	3090
that is substantially equivalent to an offense described in those	3091
sections and the victim of the offense is the child, a sibling of	3092
the child, or another child who lived in the parent's household at	3093
the time of the offense;	3094

(e) A conspiracy or attempt to commit, or complicity in	3095
committing, an offense described in division (E)(7)(a) or (d) of	3096
this section.	3097

(8) The parent has repeatedly withheld medical treatment or	3098
food from the child when the parent has the means to provide the	3099
treatment or food, and, in the case of withheld medical treatment,	3100
the parent withheld it for a purpose other than to treat the	3101
physical or mental illness or defect of the child by spiritual	3102
means through prayer alone in accordance with the tenets of a	3103
recognized religious body.	3104

(9) The parent has placed the child at substantial risk of	3105
harm two or more times due to alcohol or drug abuse and has	3106
rejected treatment two or more times or refused to participate in	3107
further treatment two or more times after a case plan issued	3108
pursuant to section 2151.412 of the Revised Code requiring	3109
treatment of the parent was journalized as part of a dispositional	3110
order issued with respect to the child or an order was issued by	3111
any other court requiring treatment of the parent.	3112

(10) The parent has abandoned the child.

3113

(11) The parent has had parental rights involuntarily	3114
terminated with respect to a sibling of the child pursuant to this	3115
section or section 2151.353 or 2151.415 of the Revised Code, or	3116
under an existing or former law of this state, any other state, or	3117
the United States that is substantially equivalent to those	3118
sections, and the parent has failed to provide clear and	3119
convincing evidence to prove that, notwithstanding the prior	3120
termination, the parent can provide a legally secure permanent	3121
placement and adequate care for the health, welfare, and safety of	3122
the child.	3123

(12) The parent is incarcerated at the time of the filing of	3124
the motion for permanent custody or the dispositional hearing of	3125
the child and will not be available to care for the child for at	3126
least eighteen months after the filing of the motion for permanent	3127
custody or the dispositional hearing.	3128

(13) The parent is repeatedly incarcerated, and the repeated	3129
incarceration prevents the parent from providing care for the	3130
child.	3131

(14) The parent for any reason is unwilling to provide food,	3132
clothing, shelter, and other basic necessities for the child or to	3133
prevent the child from suffering physical, emotional, or sexual	3134
abuse or physical, emotional, or mental neglect.	3135

(15) The parent has committed abuse as described in section	3136
2151.031 of the Revised Code against the child or caused or	3137
allowed the child to suffer neglect as described in section	3138
2151.03 of the Revised Code, and the court determines that the	3139
seriousness, nature, or likelihood of recurrence of the abuse or	3140
neglect makes the child's placement with the child's parent a	3141
threat to the child's safety.	3142

(16) Any other factor the court considers relevant.

3143

(F) The parents of a child for whom the court has issued an	3144
order granting permanent custody pursuant to this section, upon	3145
the issuance of the order, cease to be parties to the action. This	3146
division is not intended to eliminate or restrict any right of the	3147
parents to appeal the granting of permanent custody of their child	3148
to a movant pursuant to this section.	3149

Sec. 2151.415. (A) Except for cases in which a motion for	3150
permanent custody described in division (D)(1) of section 2151.413	3151
of the Revised Code is required to be made, a public children	3152
services agency or private child placing agency that has been	3153
given temporary custody of a child pursuant to section 2151.353 of	3154
the Revised Code, not later than thirty days prior to the earlier	3155
of the date for the termination of the custody order pursuant to	3156
division (G) of section 2151.353 of the Revised Code or the date	3157
set at the dispositional hearing for the hearing to be held	3158
pursuant to this section, shall file a motion with the court that	3159
issued the order of disposition requesting that any of the	3160
following orders of disposition of the child be issued by the	3161
court:	3162

(1) An order that the child be returned home and the custody	3163
of the child's parents, guardian, or custodian without any	3164
restrictions;	3165

(2) An order for protective supervision;

3166

(3) An order that the child be placed in the legal custody of	3167
a relative or other interested individual;	3168

(4) An order permanently terminating the parental rights of	3169
the child's parents;	3170

(5) An order that the child be placed in a planned permanent	3171
living arrangement;	3172

(6) In accordance with division (D) of this section, an order	3173
for the extension of temporary custody.	3174

(B) Upon the filing of a motion pursuant to division (A) of	3175
this section, the court shall hold a dispositional hearing on the	3176
date set at the dispositional hearing held pursuant to section	3177
2151.35 of the Revised Code, with notice to all parties to the	3178
action in accordance with the Juvenile Rules. After the	3179
dispositional hearing or at a date after the dispositional hearing	3180
that is not later than one year after the earlier of the date on	3181
which the complaint in the case was filed or the child was first	3182
placed into shelter care, the court, in accordance with the best	3183
interest of the child as supported by the evidence presented at	3184
the dispositional hearing, shall issue an order of disposition as	3185
set forth in division (A) of this section, except that all orders	3186
for permanent custody shall be made in accordance with sections	3187
2151.413 and 2151.414 of the Revised Code. In issuing an order of	3188
disposition under this section, the court shall comply with	3189
section 2151.42 of the Revised Code.	3190

(C)(1) If an agency pursuant to division (A) of this section	3191
requests the court to place a child into a planned permanent	3192
living arrangement, the agency shall present evidence to indicate	3193
why a planned permanent living arrangement is appropriate for the	3194
child, including, but not limited to, evidence that the agency has	3195
tried or considered all other possible dispositions for the child.	3196
A court shall not place a child in a planned permanent living	3197
arrangement, unless it finds, by clear and convincing evidence,	3198
that a planned permanent living arrangement is in the best	3199
interest of the child and that one of the following exists:	3200

(a) The child, because of physical, mental, or psychological	3201
problems or needs, is unable to function in a family-like setting	3202
and must remain in residential or institutional care.	3203

(b) The parents of the child have significant physical,	3204
mental, or psychological problems and are unable to care for the	3205
child because of those problems, adoption is not in the best	3206
interest of the child, as determined in accordance with division	3207
(D)(1) of section 2151.414 of the Revised Code, and the child	3208
retains a significant and positive relationship with a parent or	3209
relative;	3210

(c) The child is sixteen years of age or older, has been	3211
counseled on the permanent placement options available, is	3212
unwilling to accept or unable to adapt to a permanent placement,	3213
and is in an agency program preparing for independent living.	3214

(2) If the court issues an order placing a child in a planned	3215
permanent living arrangement, both of the following apply:	3216

(a) The court shall issue a finding of fact setting forth the	3217
reasons for its finding;	3218

(b) The agency may make any appropriate placement for the	3219
child and shall develop a case plan for the child that is designed	3220
to assist the child in finding a permanent home outside of the	3221
home of the parents.	3222

(D)(1) If an agency pursuant to division (A) of this section	3223
requests the court to grant an extension of temporary custody for	3224
a period of up to six months, the agency shall include in the	3225
motion an explanation of the progress on the case plan of the	3226
child and of its expectations of reunifying the child with the	3227
child's family, or placing the child in a permanent placement,	3228
within the extension period. The court shall schedule a hearing on	3229
the motion, give notice of its date, time, and location to all	3230
parties and the guardian ad litem of the child, and at the hearing	3231
consider the evidence presented by the parties and the guardian ad	3232
litem. The court may extend the temporary custody order of the	3233
child for a period of up to six months, if it determines at the	3234
hearing, by clear and convincing evidence, that the extension is	3235
in the best interest of the child, there has been significant	3236
progress on the case plan of the child, and there is reasonable	3237
cause to believe that the child will be reunified with one of the	3238
parents or otherwise permanently placed within the period of	3239
extension. In determining whether to extend the temporary custody	3240
of the child pursuant to this division, the court shall comply	3241
with section 2151.42 of the Revised Code. If the court extends the	3242
temporary custody of the child pursuant to this division, upon	3243
request it shall issue findings of fact.	3244

(2) Prior to the end of the extension granted pursuant to	3245
division (D)(1) of this section, the agency that received the	3246
extension shall file a motion with the court requesting the	3247
issuance of one of the orders of disposition set forth in	3248
divisions (A)(1) to (5) of this section or requesting the court to	3249
extend the temporary custody order of the child for an additional	3250
period of up to six months. If the agency requests the issuance of	3251
an order of disposition under divisions (A)(1) to (5) of this	3252
section or does not file any motion prior to the expiration of the	3253
extension period, the court shall conduct a hearing in accordance	3254
with division (B) of this section and issue an appropriate order	3255
of disposition. In issuing an order of disposition, the court	3256
shall comply with section 2151.42 of the Revised Code.	3257

If the agency requests an additional extension of up to six	3258
months of the temporary custody order of the child, the court	3259
shall schedule and conduct a hearing in the manner set forth in	3260
division (D)(1) of this section. The court may extend the	3261
temporary custody order of the child for an additional period of	3262
up to six months if it determines at the hearing, by clear and	3263
convincing evidence, that the additional extension is in the best	3264
interest of the child, there has been substantial additional	3265
progress since the original extension of temporary custody in the	3266
case plan of the child, there has been substantial additional	3267
progress since the original extension of temporary custody toward	3268
reunifying the child with one of the parents or otherwise	3269
permanently placing the child, and there is reasonable cause to	3270
believe that the child will be reunified with one of the parents	3271
or otherwise placed in a permanent setting before the expiration	3272
of the additional extension period. In determining whether to	3273
grant an additional extension, the court shall comply with section	3274
2151.42 of the Revised Code. If the court extends the temporary	3275
custody of the child for an additional period pursuant to this	3276
division, upon request it shall issue findings of fact.	3277

(3) Prior to the end of the extension of a temporary custody	3278
order granted pursuant to division (D)(2) of this section, the	3279
agency that received the extension shall file a motion with the	3280
court requesting the issuance of one of the orders of disposition	3281
set forth in divisions (A)(1) to (5) of this section. Upon the	3282
filing of the motion by the agency or, if the agency does not file	3283
the motion prior to the expiration of the extension period, upon	3284
its own motion, the court, prior to the expiration of the	3285
extension period, shall conduct a hearing in accordance with	3286
division (B) of this section and issue an appropriate order of	3287
disposition. In issuing an order of disposition, the court shall	3288
comply with section 2151.42 of the Revised Code.	3289

(4) No court shall grant an agency more than two extensions	3290
of temporary custody pursuant to division (D) of this section and	3291
the court shall not order an existing temporary custody order to	3292
continue beyond two years after the date on which the complaint	3293
was filed or the child was first placed into shelter care,	3294
whichever date is earlier, regardless of whether any extensions	3295
have been previously ordered pursuant to division (D) of this	3296
section.	3297

(E) After the issuance of an order pursuant to division (B)	3298
of this section, the court shall retain jurisdiction over the	3299
child until the child attains the age of eighteen if the child is	3300
does not ~~mentally retarded, developmentally disabled,~~have a	3301
developmental disability or ~~physically impaired~~physical	3302
impairment, the child attains the age of twenty-one if the child	3303
~~is mentally retarded, developmentally disabled,~~has a	3304
developmental disability or ~~physically impaired~~physical	3305
impairment, or the child is adopted and a final decree of adoption	3306
is issued, unless the court's jurisdiction over the child is	3307
extended pursuant to division (E) of section 2151.353 of the	3308
Revised Code.	3309

(F) The court, on its own motion or the motion of the agency	3310
or person with legal custody of the child, the child's guardian ad	3311
litem, or any other party to the action, may conduct a hearing	3312
with notice to all parties to determine whether any order issued	3313
pursuant to this section should be modified or terminated or	3314
whether any other dispositional order set forth in divisions	3315
(A)(1) to (5) of this section should be issued. After the hearing	3316
and consideration of all the evidence presented, the court, in	3317
accordance with the best interest of the child, may modify or	3318
terminate any order issued pursuant to this section or issue any	3319
dispositional order set forth in divisions (A)(1) to (5) of this	3320
section. In rendering a decision under this division, the court	3321
shall comply with section 2151.42 of the Revised Code.	3322

(G) If the court places a child in a planned permanent living	3323
arrangement with a public children services agency or a private	3324
child placing agency pursuant to this section, the agency with	3325
which the child is placed in a planned permanent living	3326
arrangement shall not remove the child from the residential	3327
placement in which the child is originally placed pursuant to the	3328
case plan for the child or in which the child is placed with court	3329
approval pursuant to this division, unless the court and the	3330
guardian ad litem are given notice of the intended removal and the	3331
court issues an order approving the removal or unless the removal	3332
is necessary to protect the child from physical or emotional harm	3333
and the agency gives the court notice of the removal and of the	3334
reasons why the removal is necessary to protect the child from	3335
physical or emotional harm immediately after the removal of the	3336
child from the prior setting.	3337

(H) If the hearing held under this section takes the place of	3338
an administrative review that otherwise would have been held under	3339
section 2151.416 of the Revised Code, the court at the hearing	3340
held under this section shall do all of the following in addition	3341
to any other requirements of this section:	3342

(1) Determine the continued necessity for and the	3343
appropriateness of the child's placement;	3344

(2) Determine the extent of compliance with the child's case	3345
plan;	3346

(3) Determine the extent of progress that has been made	3347
toward alleviating or mitigating the causes necessitating the	3348
child's placement in foster care;	3349

(4) Project a likely date by which the child may be returned	3350
to the child's home or placed for adoption or legal guardianship;	3351

(5) Approve the permanency plan for the child consistent with	3352
section 2151.417 of the Revised Code.	3353

Sec. 2151.421. (A)(1)(a) No person described in division	3354
(A)(1)(b) of this section who is acting in an official or	3355
professional capacity and knows, or has reasonable cause to	3356
suspect based on facts that would cause a reasonable person in a	3357
similar position to suspect, that a child under eighteen years of	3358
age or a ~~mentally retarded, developmentally disabled, or~~	3359
~~physically impaired child~~person with a developmental disability	3360
or physical impairment under twenty-one years of age has suffered	3361
or faces a threat of suffering any physical or mental wound,	3362
injury, disability, or condition of a nature that reasonably	3363
indicates abuse or neglect of the child shall fail to immediately	3364
report that knowledge or reasonable cause to suspect to the entity	3365
or persons specified in this division. Except as provided in	3366
section 5120.173 of the Revised Code, the person making the report	3367
shall make it to the public children services agency or a	3368
municipal or county peace officer in the county in which the child	3369
resides or in which the abuse or neglect is occurring or has	3370
occurred. In the circumstances described in section 5120.173 of	3371
the Revised Code, the person making the report shall make it to	3372
the entity specified in that section.	3373

(b) Division (A)(1)(a) of this section applies to any person	3374
who is an attorney; physician, including a hospital intern or	3375
resident; dentist; podiatrist; practitioner of a limited branch of	3376
medicine as specified in section 4731.15 of the Revised Code;	3377
registered nurse; licensed practical nurse; visiting nurse; other	3378
health care professional; licensed psychologist; licensed school	3379
psychologist; independent marriage and family therapist or	3380
marriage and family therapist; speech pathologist or audiologist;	3381
coroner; administrator or employee of a child day-care center;	3382
administrator or employee of a residential camp or child day camp;	3383
administrator or employee of a certified child care agency or	3384
other public or private children services agency; school teacher;	3385
school employee; school authority; person engaged in social work	3386
or the practice of professional counseling; agent of a county	3387
humane society; person, other than a cleric, rendering spiritual	3388
treatment through prayer in accordance with the tenets of a	3389
well-recognized religion; employee of a county department of job	3390
and family services who is a professional and who works with	3391
children and families; superintendent or regional administrator	3392
employed by the department of youth services; superintendent,	3393
board member, or employee of a county board of developmental	3394
disabilities; investigative agent contracted with by a county	3395
board of developmental disabilities; employee of the department of	3396
developmental disabilities; employee of a facility or home that	3397
provides respite care in accordance with section 5123.171 of the	3398
Revised Code; employee of a home health agency; employee of an	3399
entity that provides homemaker services; a person performing the	3400
duties of an assessor pursuant to Chapter 3107. or 5103. of the	3401
Revised Code; third party employed by a public children services	3402
agency to assist in providing child or family related services;	3403
court appointed special advocate; or guardian ad litem.	3404

(2) Except as provided in division (A)(3) of this section, an	3405
attorney or a physician is not required to make a report pursuant	3406
to division (A)(1) of this section concerning any communication	3407
the attorney or physician receives from a client or patient in an	3408
attorney-client or physician-patient relationship, if, in	3409
accordance with division (A) or (B) of section 2317.02 of the	3410
Revised Code, the attorney or physician could not testify with	3411
respect to that communication in a civil or criminal proceeding.	3412

(3) The client or patient in an attorney-client or	3413
physician-patient relationship described in division (A)(2) of	3414
this section is deemed to have waived any testimonial privilege	3415
under division (A) or (B) of section 2317.02 of the Revised Code	3416
with respect to any communication the attorney or physician	3417
receives from the client or patient in that attorney-client or	3418
physician-patient relationship, and the attorney or physician	3419
shall make a report pursuant to division (A)(1) of this section	3420
with respect to that communication, if all of the following apply:	3421

(a) The client or patient, at the time of the communication,	3422
is either a child under eighteen years of age or a ~~mentally~~	3423
~~retarded, developmentally disabled, or physically impaired~~ person	3424
with a developmental disability or physical impairment under	3425
twenty-one years of age.	3426

(b) The attorney or physician knows, or has reasonable cause	3427
to suspect based on facts that would cause a reasonable person in	3428
similar position to suspect, as a result of the communication or	3429
any observations made during that communication, that the client	3430
or patient has suffered or faces a threat of suffering any	3431
physical or mental wound, injury, disability, or condition of a	3432
nature that reasonably indicates abuse or neglect of the client or	3433
patient.	3434

(c) The abuse or neglect does not arise out of the client's	3435
or patient's attempt to have an abortion without the notification	3436
of her parents, guardian, or custodian in accordance with section	3437
2151.85 of the Revised Code.	3438

(4)(a) No cleric and no person, other than a volunteer,	3439
designated by any church, religious society, or faith acting as a	3440
leader, official, or delegate on behalf of the church, religious	3441
society, or faith who is acting in an official or professional	3442
capacity, who knows, or has reasonable cause to believe based on	3443
facts that would cause a reasonable person in a similar position	3444
to believe, that a child under eighteen years of age or a ~~mentally~~	3445
~~retarded, developmentally disabled, or physically impaired child~~	3446
person with a developmental disability or physical impairment	3447
under twenty-one years of age has suffered or faces a threat of	3448
suffering any physical or mental wound, injury, disability, or	3449
condition of a nature that reasonably indicates abuse or neglect	3450
of the child, and who knows, or has reasonable cause to believe	3451
based on facts that would cause a reasonable person in a similar	3452
position to believe, that another cleric or another person, other	3453
than a volunteer, designated by a church, religious society, or	3454
faith acting as a leader, official, or delegate on behalf of the	3455
church, religious society, or faith caused, or poses the threat of	3456
causing, the wound, injury, disability, or condition that	3457
reasonably indicates abuse or neglect shall fail to immediately	3458
report that knowledge or reasonable cause to believe to the entity	3459
or persons specified in this division. Except as provided in	3460
section 5120.173 of the Revised Code, the person making the report	3461
shall make it to the public children services agency or a	3462
municipal or county peace officer in the county in which the child	3463
resides or in which the abuse or neglect is occurring or has	3464
occurred. In the circumstances described in section 5120.173 of	3465
the Revised Code, the person making the report shall make it to	3466
the entity specified in that section.	3467

(b) Except as provided in division (A)(4)(c) of this section,	3468
a cleric is not required to make a report pursuant to division	3469
(A)(4)(a) of this section concerning any communication the cleric	3470
receives from a penitent in a cleric-penitent relationship, if, in	3471
accordance with division (C) of section 2317.02 of the Revised	3472
Code, the cleric could not testify with respect to that	3473
communication in a civil or criminal proceeding.	3474

(c) The penitent in a cleric-penitent relationship described	3475
in division (A)(4)(b) of this section is deemed to have waived any	3476
testimonial privilege under division (C) of section 2317.02 of the	3477
Revised Code with respect to any communication the cleric receives	3478
from the penitent in that cleric-penitent relationship, and the	3479
cleric shall make a report pursuant to division (A)(4)(a) of this	3480
section with respect to that communication, if all of the	3481
following apply:	3482

(i) The penitent, at the time of the communication, is either	3483
a child under eighteen years of age or a ~~mentally retarded,~~	3484
~~developmentally disabled, or physically impaired~~ person with a	3485
developmental disability or physical impairment under twenty-one	3486
years of age.	3487

(ii) The cleric knows, or has reasonable cause to believe	3488
based on facts that would cause a reasonable person in a similar	3489
position to believe, as a result of the communication or any	3490
observations made during that communication, the penitent has	3491
suffered or faces a threat of suffering any physical or mental	3492
wound, injury, disability, or condition of a nature that	3493
reasonably indicates abuse or neglect of the penitent.	3494

(iii) The abuse or neglect does not arise out of the	3495
penitent's attempt to have an abortion performed upon a child	3496
under eighteen years of age or upon a ~~mentally retarded,~~	3497
~~developmentally disabled, or physically impaired~~ person with a	3498
developmental disability or physical impairment under twenty-one	3499
years of age without the notification of her parents, guardian, or	3500
custodian in accordance with section 2151.85 of the Revised Code.	3501

(d) Divisions (A)(4)(a) and (c) of this section do not apply	3502
in a cleric-penitent relationship when the disclosure of any	3503
communication the cleric receives from the penitent is in	3504
violation of the sacred trust.	3505

(e) As used in divisions (A)(1) and (4) of this section,	3506
"cleric" and "sacred trust" have the same meanings as in section	3507
2317.02 of the Revised Code.	3508

(B) Anyone who knows, or has reasonable cause to suspect	3509
based on facts that would cause a reasonable person in similar	3510
circumstances to suspect, that a child under eighteen years of age	3511
or a ~~mentally retarded, developmentally disabled, or physically~~	3512
~~impaired~~ person with a developmental disability or physical	3513
impairment under twenty-one years of age has suffered or faces a	3514
threat of suffering any physical or mental wound, injury,	3515
disability, or other condition of a nature that reasonably	3516
indicates abuse or neglect of the child may report or cause	3517
reports to be made of that knowledge or reasonable cause to	3518
suspect to the entity or persons specified in this division.	3519
Except as provided in section 5120.173 of the Revised Code, a	3520
person making a report or causing a report to be made under this	3521
division shall make it or cause it to be made to the public	3522
children services agency or to a municipal or county peace	3523
officer. In the circumstances described in section 5120.173 of the	3524
Revised Code, a person making a report or causing a report to be	3525
made under this division shall make it or cause it to be made to	3526
the entity specified in that section.	3527

(C) Any report made pursuant to division (A) or (B) of this	3528
section shall be made forthwith either by telephone or in person	3529
and shall be followed by a written report, if requested by the	3530
receiving agency or officer. The written report shall contain:	3531

(1) The names and addresses of the child and the child's	3532
parents or the person or persons having custody of the child, if	3533
known;	3534

(2) The child's age and the nature and extent of the child's	3535
injuries, abuse, or neglect that is known or reasonably suspected	3536
or believed, as applicable, to have occurred or of the threat of	3537
injury, abuse, or neglect that is known or reasonably suspected or	3538
believed, as applicable, to exist, including any evidence of	3539
previous injuries, abuse, or neglect;	3540

(3) Any other information that might be helpful in	3541
establishing the cause of the injury, abuse, or neglect that is	3542
known or reasonably suspected or believed, as applicable, to have	3543
occurred or of the threat of injury, abuse, or neglect that is	3544
known or reasonably suspected or believed, as applicable, to	3545
exist.	3546

Any person, who is required by division (A) of this section	3547
to report child abuse or child neglect that is known or reasonably	3548
suspected or believed to have occurred, may take or cause to be	3549
taken color photographs of areas of trauma visible on a child and,	3550
if medically indicated, cause to be performed radiological	3551
examinations of the child.	3552

(D) As used in this division, "children's advocacy center"	3553
and "sexual abuse of a child" have the same meanings as in section	3554
2151.425 of the Revised Code.	3555

(1) When a municipal or county peace officer receives a	3556
report concerning the possible abuse or neglect of a child or the	3557
possible threat of abuse or neglect of a child, upon receipt of	3558
the report, the municipal or county peace officer who receives the	3559
report shall refer the report to the appropriate public children	3560
services agency.	3561

(2) When a public children services agency receives a report	3562
pursuant to this division or division (A) or (B) of this section,	3563
upon receipt of the report, the public children services agency	3564
shall do both of the following:	3565

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

3566

(b) If the county served by the agency is also served by a	3567
children's advocacy center and the report alleges sexual abuse of	3568
a child or another type of abuse of a child that is specified in	3569
the memorandum of understanding that creates the center as being	3570
within the center's jurisdiction, comply regarding the report with	3571
the protocol and procedures for referrals and investigations, with	3572
the coordinating activities, and with the authority or	3573
responsibility for performing or providing functions, activities,	3574
and services stipulated in the interagency agreement entered into	3575
under section 2151.428 of the Revised Code relative to that	3576
center.	3577

(E) No township, municipal, or county peace officer shall	3578
remove a child about whom a report is made pursuant to this	3579
section from the child's parents, stepparents, or guardian or any	3580
other persons having custody of the child without consultation	3581
with the public children services agency, unless, in the judgment	3582
of the officer, and, if the report was made by physician, the	3583
physician, immediate removal is considered essential to protect	3584
the child from further abuse or neglect. The agency that must be	3585
consulted shall be the agency conducting the investigation of the	3586
report as determined pursuant to section 2151.422 of the Revised	3587
Code.	3588

(F)(1) Except as provided in section 2151.422 of the Revised	3589
Code or in an interagency agreement entered into under section	3590
2151.428 of the Revised Code that applies to the particular	3591
report, the public children services agency shall investigate,	3592
within twenty-four hours, each report of child abuse or child	3593
neglect that is known or reasonably suspected or believed to have	3594
occurred and of a threat of child abuse or child neglect that is	3595
known or reasonably suspected or believed to exist that is	3596
referred to it under this section to determine the circumstances	3597
surrounding the injuries, abuse, or neglect or the threat of	3598
injury, abuse, or neglect, the cause of the injuries, abuse,	3599
neglect, or threat, and the person or persons responsible. The	3600
investigation shall be made in cooperation with the law	3601
enforcement agency and in accordance with the memorandum of	3602
understanding prepared under division (J) of this section. A	3603
representative of the public children services agency shall, at	3604
the time of initial contact with the person subject to the	3605
investigation, inform the person of the specific complaints or	3606
allegations made against the person. The information shall be	3607
given in a manner that is consistent with division (H)(1) of this	3608
section and protects the rights of the person making the report	3609
under this section.	3610

A failure to make the investigation in accordance with the	3611
memorandum is not grounds for, and shall not result in, the	3612
dismissal of any charges or complaint arising from the report or	3613
the suppression of any evidence obtained as a result of the report	3614
and does not give, and shall not be construed as giving, any	3615
rights or any grounds for appeal or post-conviction relief to any	3616
person. The public children services agency shall report each case	3617
to the uniform statewide automated child welfare information	3618
system that the department of job and family services shall	3619
maintain in accordance with section 5101.13 of the Revised Code.	3620
The public children services agency shall submit a report of its	3621
investigation, in writing, to the law enforcement agency.	3622

(2) The public children services agency shall make any	3623
recommendations to the county prosecuting attorney or city	3624
director of law that it considers necessary to protect any	3625
children that are brought to its attention.	3626

(G)(1)(a) Except as provided in division (H)(3) of this	3627
section, anyone or any hospital, institution, school, health	3628
department, or agency participating in the making of reports under	3629
division (A) of this section, anyone or any hospital, institution,	3630
school, health department, or agency participating in good faith	3631
in the making of reports under division (B) of this section, and	3632
anyone participating in good faith in a judicial proceeding	3633
resulting from the reports, shall be immune from any civil or	3634
criminal liability for injury, death, or loss to person or	3635
property that otherwise might be incurred or imposed as a result	3636
of the making of the reports or the participation in the judicial	3637
proceeding.	3638

(b) Notwithstanding section 4731.22 of the Revised Code, the	3639
physician-patient privilege shall not be a ground for excluding	3640
evidence regarding a child's injuries, abuse, or neglect, or the	3641
cause of the injuries, abuse, or neglect in any judicial	3642
proceeding resulting from a report submitted pursuant to this	3643
section.	3644

(2) In any civil or criminal action or proceeding in which it	3645
is alleged and proved that participation in the making of a report	3646
under this section was not in good faith or participation in a	3647
judicial proceeding resulting from a report made under this	3648
section was not in good faith, the court shall award the	3649
prevailing party reasonable attorney's fees and costs and, if a	3650
civil action or proceeding is voluntarily dismissed, may award	3651
reasonable attorney's fees and costs to the party against whom the	3652
civil action or proceeding is brought.	3653

(H)(1) Except as provided in divisions (H)(4) and (N) of this	3654
section, a report made under this section is confidential. The	3655
information provided in a report made pursuant to this section and	3656
the name of the person who made the report shall not be released	3657
for use, and shall not be used, as evidence in any civil action or	3658
proceeding brought against the person who made the report. Nothing	3659
in this division shall preclude the use of reports of other	3660
incidents of known or suspected abuse or neglect in a civil action	3661
or proceeding brought pursuant to division (M) of this section	3662
against a person who is alleged to have violated division (A)(1)	3663
of this section, provided that any information in a report that	3664
would identify the child who is the subject of the report or the	3665
maker of the report, if the maker of the report is not the	3666
defendant or an agent or employee of the defendant, has been	3667
redacted. In a criminal proceeding, the report is admissible in	3668
evidence in accordance with the Rules of Evidence and is subject	3669
to discovery in accordance with the Rules of Criminal Procedure.	3670

(2) No person shall permit or encourage the unauthorized	3671
dissemination of the contents of any report made under this	3672
section.	3673

(3) A person who knowingly makes or causes another person to	3674
make a false report under division (B) of this section that	3675
alleges that any person has committed an act or omission that	3676
resulted in a child being an abused child or a neglected child is	3677
guilty of a violation of section 2921.14 of the Revised Code.	3678

(4) If a report is made pursuant to division (A) or (B) of	3679
this section and the child who is the subject of the report dies	3680
for any reason at any time after the report is made, but before	3681
the child attains eighteen years of age, the public children	3682
services agency or municipal or county peace officer to which the	3683
report was made or referred, on the request of the child fatality	3684
review board, shall submit a summary sheet of information	3685
providing a summary of the report to the review board of the	3686
county in which the deceased child resided at the time of death.	3687
On the request of the review board, the agency or peace officer	3688
may, at its discretion, make the report available to the review	3689
board. If the county served by the public children services agency	3690
is also served by a children's advocacy center and the report of	3691
alleged sexual abuse of a child or another type of abuse of a	3692
child is specified in the memorandum of understanding that creates	3693
the center as being within the center's jurisdiction, the agency	3694
or center shall perform the duties and functions specified in this	3695
division in accordance with the interagency agreement entered into	3696
under section 2151.428 of the Revised Code relative to that	3697
advocacy center.	3698

(5) A public children services agency shall advise a person	3699
alleged to have inflicted abuse or neglect on a child who is the	3700
subject of a report made pursuant to this section, including a	3701
report alleging sexual abuse of a child or another type of abuse	3702
of a child referred to a children's advocacy center pursuant to an	3703
interagency agreement entered into under section 2151.428 of the	3704
Revised Code, in writing of the disposition of the investigation.	3705
The agency shall not provide to the person any information that	3706
identifies the person who made the report, statements of	3707
witnesses, or police or other investigative reports.	3708

(I) Any report that is required by this section, other than a	3709
report that is made to the state highway patrol as described in	3710
section 5120.173 of the Revised Code, shall result in protective	3711
services and emergency supportive services being made available by	3712
the public children services agency on behalf of the children	3713
about whom the report is made, in an effort to prevent further	3714
neglect or abuse, to enhance their welfare, and, whenever	3715
possible, to preserve the family unit intact. The agency required	3716
to provide the services shall be the agency conducting the	3717
investigation of the report pursuant to section 2151.422 of the	3718
Revised Code.	3719

(J)(1) Each public children services agency shall prepare a	3720
memorandum of understanding that is signed by all of the	3721
following:	3722

(a) If there is only one juvenile judge in the county, the	3723
juvenile judge of the county or the juvenile judge's	3724
representative;	3725

(b) If there is more than one juvenile judge in the county, a	3726
juvenile judge or the juvenile judges' representative selected by	3727
the juvenile judges or, if they are unable to do so for any	3728
reason, the juvenile judge who is senior in point of service or	3729
the senior juvenile judge's representative;	3730

3731

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

3732

(e) Other law enforcement officers handling child abuse and	3733
neglect cases in the county;	3734

(f) The prosecuting attorney of the county;

3735

(g) If the public children services agency is not the county	3736
department of job and family services, the county department of	3737
job and family services;	3738

(h) The county humane society;

3739

(i) If the public children services agency participated in	3740
the execution of a memorandum of understanding under section	3741
2151.426 of the Revised Code establishing a children's advocacy	3742
center, each participating member of the children's advocacy	3743
center established by the memorandum.	3744

(2) A memorandum of understanding shall set forth the normal	3745
operating procedure to be employed by all concerned officials in	3746
the execution of their respective responsibilities under this	3747
section and division (C) of section 2919.21, division (B)(1) of	3748
section 2919.22, division (B) of section 2919.23, and section	3749
2919.24 of the Revised Code and shall have as two of its primary	3750
goals the elimination of all unnecessary interviews of children	3751
who are the subject of reports made pursuant to division (A) or	3752
(B) of this section and, when feasible, providing for only one	3753
interview of a child who is the subject of any report made	3754
pursuant to division (A) or (B) of this section. A failure to	3755
follow the procedure set forth in the memorandum by the concerned	3756
officials is not grounds for, and shall not result in, the	3757
dismissal of any charges or complaint arising from any reported	3758
case of abuse or neglect or the suppression of any evidence	3759
obtained as a result of any reported child abuse or child neglect	3760
and does not give, and shall not be construed as giving, any	3761
rights or any grounds for appeal or post-conviction relief to any	3762
person.	3763

(3) A memorandum of understanding shall include all of the	3764
following:	3765

(a) The roles and responsibilities for handling emergency and	3766
nonemergency cases of abuse and neglect;	3767

(b) Standards and procedures to be used in handling and	3768
coordinating investigations of reported cases of child abuse and	3769
reported cases of child neglect, methods to be used in	3770
interviewing the child who is the subject of the report and who	3771
allegedly was abused or neglected, and standards and procedures	3772
addressing the categories of persons who may interview the child	3773
who is the subject of the report and who allegedly was abused or	3774
neglected.	3775

(4) If a public children services agency participated in the	3776
execution of a memorandum of understanding under section 2151.426	3777
of the Revised Code establishing a children's advocacy center, the	3778
agency shall incorporate the contents of that memorandum in the	3779
memorandum prepared pursuant to this section.	3780

(5) The clerk of the court of common pleas in the county may	3781
sign the memorandum of understanding prepared under division	3782
(J)(1) of this section. If the clerk signs the memorandum of	3783
understanding, the clerk shall execute all relevant	3784
responsibilities as required of officials specified in the	3785
memorandum.	3786

(K)(1) Except as provided in division (K)(4) of this section,	3787
a person who is required to make a report pursuant to division (A)	3788
of this section may make a reasonable number of requests of the	3789
public children services agency that receives or is referred the	3790
report, or of the children's advocacy center that is referred the	3791
report if the report is referred to a children's advocacy center	3792
pursuant to an interagency agreement entered into under section	3793
2151.428 of the Revised Code, to be provided with the following	3794
information:	3795

(a) Whether the agency or center has initiated an	3796
investigation of the report;	3797

(b) Whether the agency or center is continuing to investigate	3798
the report;	3799

(c) Whether the agency or center is otherwise involved with	3800
the child who is the subject of the report;	3801

(d) The general status of the health and safety of the child	3802
who is the subject of the report;	3803

(e) Whether the report has resulted in the filing of a	3804
complaint in juvenile court or of criminal charges in another	3805
court.	3806

(2) A person may request the information specified in	3807
division (K)(1) of this section only if, at the time the report is	3808
made, the person's name, address, and telephone number are	3809
provided to the person who receives the report.	3810

When a municipal or county peace officer or employee of a	3811
public children services agency receives a report pursuant to	3812
division (A) or (B) of this section the recipient of the report	3813
shall inform the person of the right to request the information	3814
described in division (K)(1) of this section. The recipient of the	3815
report shall include in the initial child abuse or child neglect	3816
report that the person making the report was so informed and, if	3817
provided at the time of the making of the report, shall include	3818
the person's name, address, and telephone number in the report.	3819

Each request is subject to verification of the identity of	3820
the person making the report. If that person's identity is	3821
verified, the agency shall provide the person with the information	3822
described in division (K)(1) of this section a reasonable number	3823
of times, except that the agency shall not disclose any	3824
confidential information regarding the child who is the subject of	3825
the report other than the information described in those	3826
divisions.	3827

(3) A request made pursuant to division (K)(1) of this	3828
section is not a substitute for any report required to be made	3829
pursuant to division (A) of this section.	3830

(4) If an agency other than the agency that received or was	3831
referred the report is conducting the investigation of the report	3832
pursuant to section 2151.422 of the Revised Code, the agency	3833
conducting the investigation shall comply with the requirements of	3834
division (K) of this section.	3835

(L) The director of job and family services shall adopt rules	3836
in accordance with Chapter 119. of the Revised Code to implement	3837
this section. The department of job and family services may enter	3838
into a plan of cooperation with any other governmental entity to	3839
aid in ensuring that children are protected from abuse and	3840
neglect. The department shall make recommendations to the attorney	3841
general that the department determines are necessary to protect	3842
children from child abuse and child neglect.	3843

(M) Whoever violates division (A) of this section is liable	3844
for compensatory and exemplary damages to the child who would have	3845
been the subject of the report that was not made. A person who	3846
brings a civil action or proceeding pursuant to this division	3847
against a person who is alleged to have violated division (A)(1)	3848
of this section may use in the action or proceeding reports of	3849
other incidents of known or suspected abuse or neglect, provided	3850
that any information in a report that would identify the child who	3851
is the subject of the report or the maker of the report, if the	3852
maker is not the defendant or an agent or employee of the	3853
defendant, has been redacted.	3854

(N)(1) As used in this division:

3855

(a) "Out-of-home care" includes a nonchartered nonpublic	3856
school if the alleged child abuse or child neglect, or alleged	3857
threat of child abuse or child neglect, described in a report	3858
received by a public children services agency allegedly occurred	3859
in or involved the nonchartered nonpublic school and the alleged	3860
perpetrator named in the report holds a certificate, permit, or	3861
license issued by the state board of education under section	3862
3301.071 or Chapter 3319. of the Revised Code.	3863

(b) "Administrator, director, or other chief administrative	3864
officer" means the superintendent of the school district if the	3865
out-of-home care entity subject to a report made pursuant to this	3866
section is a school operated by the district.	3867

(2) No later than the end of the day following the day on	3868
which a public children services agency receives a report of	3869
alleged child abuse or child neglect, or a report of an alleged	3870
threat of child abuse or child neglect, that allegedly occurred in	3871
or involved an out-of-home care entity, the agency shall provide	3872
written notice of the allegations contained in and the person	3873
named as the alleged perpetrator in the report to the	3874
administrator, director, or other chief administrative officer of	3875
the out-of-home care entity that is the subject of the report	3876
unless the administrator, director, or other chief administrative	3877
officer is named as an alleged perpetrator in the report. If the	3878
administrator, director, or other chief administrative officer of	3879
an out-of-home care entity is named as an alleged perpetrator in a	3880
report of alleged child abuse or child neglect, or a report of an	3881
alleged threat of child abuse or child neglect, that allegedly	3882
occurred in or involved the out-of-home care entity, the agency	3883
shall provide the written notice to the owner or governing board	3884
of the out-of-home care entity that is the subject of the report.	3885
The agency shall not provide witness statements or police or other	3886
investigative reports.	3887

(3) No later than three days after the day on which a public	3888
children services agency that conducted the investigation as	3889
determined pursuant to section 2151.422 of the Revised Code makes	3890
a disposition of an investigation involving a report of alleged	3891
child abuse or child neglect, or a report of an alleged threat of	3892
child abuse or child neglect, that allegedly occurred in or	3893
involved an out-of-home care entity, the agency shall send written	3894
notice of the disposition of the investigation to the	3895
administrator, director, or other chief administrative officer and	3896
the owner or governing board of the out-of-home care entity. The	3897
agency shall not provide witness statements or police or other	3898
investigative reports.	3899

(O) As used in this section, "investigation" means the public	3900
children services agency's response to an accepted report of child	3901
abuse or neglect through either an alternative response or a	3902
traditional response.	3903

Sec. 2151.425. As used in sections 2151.426 to 2151.428 of	3904
the Revised Code:	3905

(A) "Children's advocacy center" means a center operated by	3906
participating entities within a county or two or more contiguous	3907
counties to perform functions and activities and provide services,	3908
in accordance with the interagency agreement entered into under	3909
section 2151.428 of the Revised Code, regarding reports received	3910
under section 2151.421 of the Revised Code of alleged sexual abuse	3911
of a child or another type of abuse of a child that is specified	3912
in the memorandum of understanding that creates the center as	3913
being within the center's jurisdiction and regarding the children	3914
who are the subjects of the report.	3915

(B) "Sexual abuse of a child" means unlawful sexual conduct	3916
or sexual contact, as those terms are defined in section 2907.01	3917
of the Revised Code, with a person under eighteen years of age or	3918
a ~~mentally retarded, developmentally disabled, or physically~~	3919
~~impaired~~ person under twenty-one years of age with a developmental	3920
disability or physical impairment.	3921

Sec. 2151.651. The board of county commissioners of a county	3922
which, either separately or as part of a district, is planning to	3923
establish a school, forestry camp, or other facility under section	3924
2151.65 of the Revised Code, to be used exclusively for the	3925
rehabilitation of children between the ages of twelve to eighteen	3926
years, other than psychotic children or ~~mentally retarded~~ children	3927
with developmental disabilities that are intellectual	3928
disabilities, who are designated delinquent children, as defined	3929
in section 2152.02 of the Revised Code, or unruly children, as	3930
defined in section 2151.022 of the Revised Code, by order of a	3931
juvenile court, may make application to the department of youth	3932
services, created under section 5139.01 of the Revised Code, for	3933
financial assistance in defraying the county's share of the cost	3934
of acquisition or construction of such school, camp, or other	3935
facility, as provided in section 5139.27 of the Revised Code. Such	3936
application shall be made on forms prescribed and furnished by the	3937
department.	3938

Sec. 2152.02. As used in this chapter:

3939

(A) "Act charged" means the act that is identified in a	3940
complaint, indictment, or information alleging that a child is a	3941
delinquent child.	3942

(B) "Admitted to a department of youth services facility"	3943
includes admission to a facility operated, or contracted for, by	3944
the department and admission to a comparable facility outside this	3945
state by another state or the United States.	3946

(C)(1) "Child" means a person who is under eighteen years of	3947
age, except as otherwise provided in divisions (C)(2) to (8) of	3948
this section.	3949

(2) Subject to division (C)(3) of this section, any person	3950
who violates a federal or state law or a municipal ordinance prior	3951
to attaining eighteen years of age shall be deemed a "child"	3952
irrespective of that person's age at the time the complaint with	3953
respect to that violation is filed or the hearing on the complaint	3954
is held.	3955

(3) Any person who, while under eighteen years of age,	3956
commits an act that would be a felony if committed by an adult and	3957
who is not taken into custody or apprehended for that act until	3958
after the person attains twenty-one years of age is not a child in	3959
relation to that act.	3960

(4) Except as otherwise provided in divisions (C)(5) and (7)	3961
of this section, any person whose case is transferred for criminal	3962
prosecution pursuant to section 2152.12 of the Revised Code shall	3963
be deemed after the transfer not to be a child in the transferred	3964
case.	3965

(5) Any person whose case is transferred for criminal	3966
prosecution pursuant to section 2152.12 of the Revised Code and	3967
who subsequently is convicted of or pleads guilty to a felony in	3968
that case, unless a serious youthful offender dispositional	3969
sentence is imposed on the child for that offense under division	3970
(B)(2) or (3) of section 2152.121 of the Revised Code and the	3971
adult portion of that sentence is not invoked pursuant to section	3972
2152.14 of the Revised Code, and any person who is adjudicated a	3973
delinquent child for the commission of an act, who has a serious	3974
youthful offender dispositional sentence imposed for the act	3975
pursuant to section 2152.13 of the Revised Code, and whose adult	3976
portion of the dispositional sentence is invoked pursuant to	3977
section 2152.14 of the Revised Code, shall be deemed after the	3978
conviction, plea, or invocation not to be a child in any case in	3979
which a complaint is filed against the person.	3980

(6) The juvenile court has jurisdiction over a person who is	3981
adjudicated a delinquent child or juvenile traffic offender prior	3982
to attaining eighteen years of age until the person attains	3983
twenty-one years of age, and, for purposes of that jurisdiction	3984
related to that adjudication, except as otherwise provided in this	3985
division, a person who is so adjudicated a delinquent child or	3986
juvenile traffic offender shall be deemed a "child" until the	3987
person attains twenty-one years of age. If a person is so	3988
adjudicated a delinquent child or juvenile traffic offender and	3989
the court makes a disposition of the person under this chapter, at	3990
any time after the person attains twenty-one years of age, the	3991
places at which the person may be held under that disposition are	3992
not limited to places authorized under this chapter solely for	3993
confinement of children, and the person may be confined under that	3994
disposition, in accordance with division (F)(2) of section 2152.26	3995
of the Revised Code, in places other than those authorized under	3996
this chapter solely for confinement of children.	3997

(7) The juvenile court has jurisdiction over any person whose	3998
case is transferred for criminal prosecution solely for the	3999
purpose of detaining the person as authorized in division (F)(1)	4000
or (4) of section 2152.26 of the Revised Code unless the person is	4001
convicted of or pleads guilty to a felony in the adult court.	4002

(8) Any person who, while eighteen years of age, violates	4003
division (A)(1) or (2) of section 2919.27 of the Revised Code by	4004
violating a protection order issued or consent agreement approved	4005
under section 2151.34 or 3113.31 of the Revised Code shall be	4006
considered a child for the purposes of that violation of section	4007
2919.27 of the Revised Code.	4008

(D) "Chronic truant" means any child of compulsory school age	4009
who is absent without legitimate excuse for absence from the	4010
public school the child is supposed to attend for seven or more	4011
consecutive school days, ten or more school days in one school	4012
month, or fifteen or more school days in a school year.	4013

(E) "Community corrections facility," "public safety beds,"	4014
"release authority," and "supervised release" have the same	4015
meanings as in section 5139.01 of the Revised Code.	4016

(F) "Delinquent child" includes any of the following:

4017

(1) Any child, except a juvenile traffic offender, who	4018
violates any law of this state or the United States, or any	4019
ordinance of a political subdivision of the state, that would be	4020
an offense if committed by an adult;	4021

(2) Any child who violates any lawful order of the court made	4022
under this chapter or under Chapter 2151. of the Revised Code	4023
other than an order issued under section 2151.87 of the Revised	4024
Code;	4025

(3) Any child who violates division (C) of section 2907.39,	4026
division (A) of section 2923.211, or division (C)(1) or (D) of	4027
section 2925.55 of the Revised Code;	4028

(4) Any child who is a habitual truant and who previously has	4029
been adjudicated an unruly child for being a habitual truant;	4030

(5) Any child who is a chronic truant.

4031

(G) "Discretionary serious youthful offender" means a person	4032
who is eligible for a discretionary SYO and who is not transferred	4033
to adult court under a mandatory or discretionary transfer.	4034

(H) "Discretionary SYO" means a case in which the juvenile	4035
court, in the juvenile court's discretion, may impose a serious	4036
youthful offender disposition under section 2152.13 of the Revised	4037
Code.	4038

(I) "Discretionary transfer" means that the juvenile court	4039
has discretion to transfer a case for criminal prosecution under	4040
division (B) of section 2152.12 of the Revised Code.	4041

(J) "Drug abuse offense," "felony drug abuse offense," and	4042
"minor drug possession offense" have the same meanings as in	4043
section 2925.01 of the Revised Code.	4044

(K) "Electronic monitoring" and "electronic monitoring	4045
device" have the same meanings as in section 2929.01 of the	4046
Revised Code.	4047

(L) "Economic loss" means any economic detriment suffered by	4048
a victim of a delinquent act or juvenile traffic offense as a	4049
direct and proximate result of the delinquent act or juvenile	4050
traffic offense and includes any loss of income due to lost time	4051
at work because of any injury caused to the victim and any	4052
property loss, medical cost, or funeral expense incurred as a	4053
result of the delinquent act or juvenile traffic offense.	4054
"Economic loss" does not include non-economic loss or any punitive	4055
or exemplary damages.	4056

(M) "Firearm" has the same meaning as in section 2923.11 of	4057
the Revised Code.	4058

(N) "Juvenile traffic offender" means any child who violates	4059
any traffic law, traffic ordinance, or traffic regulation of this	4060
state, the United States, or any political subdivision of this	4061
state, other than a resolution, ordinance, or regulation of a	4062
political subdivision of this state the violation of which is	4063
required to be handled by a parking violations bureau or a joint	4064
parking violations bureau pursuant to Chapter 4521. of the Revised	4065
Code.	4066

(O) A "legitimate excuse for absence from the public school	4067
the child is supposed to attend" has the same meaning as in	4068
section 2151.011 of the Revised Code.	4069

(P) "Mandatory serious youthful offender" means a person who	4070
is eligible for a mandatory SYO and who is not transferred to	4071
adult court under a mandatory or discretionary transfer and also	4072
includes, for purposes of imposition of a mandatory serious	4073
youthful dispositional sentence under section 2152.13 of the	4074
Revised Code, a person upon whom a juvenile court is required to	4075
impose such a sentence under division (B)(3) of section 2152.121	4076
of the Revised Code.	4077

(Q) "Mandatory SYO" means a case in which the juvenile court	4078
is required to impose a mandatory serious youthful offender	4079
disposition under section 2152.13 of the Revised Code.	4080

(R) "Mandatory transfer" means that a case is required to be	4081
transferred for criminal prosecution under division (A) of section	4082
2152.12 of the Revised Code.	4083

(S) "Mental illness" has the same meaning as in section	4084
5122.01 of the Revised Code.	4085

(T) ~~"Mentally retarded person" has the same meaning as in~~	4086
~~section 5123.01 of the Revised Code.~~	4087

~~(U)~~ "Monitored time" and "repeat violent offender" have the	4088
same meanings as in section 2929.01 of the Revised Code.	4089

~~(V)~~(U) "Of compulsory school age" has the same meaning as in	4090
section 3321.01 of the Revised Code.	4091

(V) "Person with an intellectual disability" has the same	4092
meaning as in section 5123.01 of the Revised Code.	4093

(W) "Public record" has the same meaning as in section 149.43	4094
of the Revised Code.	4095

(X) "Serious youthful offender" means a person who is	4096
eligible for a mandatory SYO or discretionary SYO but who is not	4097
transferred to adult court under a mandatory or discretionary	4098
transfer and also includes, for purposes of imposition of a	4099
mandatory serious youthful dispositional sentence under section	4100
2152.13 of the Revised Code, a person upon whom a juvenile court	4101
is required to impose such a sentence under division (B)(3) of	4102
section 2152.121 of the Revised Code.	4103

(Y) "Sexually oriented offense," "juvenile offender	4104
registrant," "child-victim oriented offense," "tier I sex	4105
offender/child-victim offender," "tier II sex	4106
offender/child-victim offender," "tier III sex	4107
offender/child-victim offender," and "public registry-qualified	4108
juvenile offender registrant" have the same meanings as in section	4109
2950.01 of the Revised Code.	4110

(Z) "Traditional juvenile" means a case that is not	4111
transferred to adult court under a mandatory or discretionary	4112
transfer, that is eligible for a disposition under sections	4113
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	4114
that is not eligible for a disposition under section 2152.13 of	4115
the Revised Code.	4116

(AA) "Transfer" means the transfer for criminal prosecution	4117
of a case involving the alleged commission by a child of an act	4118
that would be an offense if committed by an adult from the	4119
juvenile court to the appropriate court that has jurisdiction of	4120
the offense.	4121

(BB) "Category one offense" means any of the following:

4122

(1) A violation of section 2903.01 or 2903.02 of the Revised	4123
Code;	4124

(2) A violation of section 2923.02 of the Revised Code	4125
involving an attempt to commit aggravated murder or murder.	4126

(CC) "Category two offense" means any of the following:

4127

(1) A violation of section 2903.03, 2905.01, 2907.02,	4128
2909.02, 2911.01, or 2911.11 of the Revised Code;	4129

(2) A violation of section 2903.04 of the Revised Code that	4130
is a felony of the first degree;	4131

(3) A violation of section 2907.12 of the Revised Code as it	4132
existed prior to September 3, 1996.	4133

(DD) "Non-economic loss" means nonpecuniary harm suffered by	4134
a victim of a delinquent act or juvenile traffic offense as a	4135
result of or related to the delinquent act or juvenile traffic	4136
offense, including, but not limited to, pain and suffering; loss	4137
of society, consortium, companionship, care, assistance,	4138
attention, protection, advice, guidance, counsel, instruction,	4139
training, or education; mental anguish; and any other intangible	4140
loss.	4141

Sec. 2152.12. (A)(1)(a) After a complaint has been filed	4142
alleging that a child is a delinquent child for committing an act	4143
that would be aggravated murder, murder, attempted aggravated	4144
murder, or attempted murder if committed by an adult, the juvenile	4145
court at a hearing shall transfer the case if either of the	4146
following applies:	4147

(i) The child was sixteen or seventeen years of age at the	4148
time of the act charged and there is probable cause to believe	4149
that the child committed the act charged.	4150

(ii) The child was fourteen or fifteen years of age at the	4151
time of the act charged, section 2152.10 of the Revised Code	4152
provides that the child is eligible for mandatory transfer, and	4153
there is probable cause to believe that the child committed the	4154
act charged.	4155

(b) After a complaint has been filed alleging that a child is	4156
a delinquent child by reason of committing a category two offense,	4157
the juvenile court at a hearing shall transfer the case if the	4158
child was sixteen or seventeen years of age at the time of the act	4159
charged and either of the following applies:	4160

(i) Division (A)(2)(a) of section 2152.10 of the Revised Code	4161
requires the mandatory transfer of the case, and there is probable	4162
cause to believe that the child committed the act charged.	4163

(ii) Division (A)(2)(b) of section 2152.10 of the Revised	4164
Code requires the mandatory transfer of the case, and there is	4165
probable cause to believe that the child committed the act	4166
charged.	4167

(2) The juvenile court also shall transfer a case in the	4168
circumstances described in division (C)(5) of section 2152.02 of	4169
the Revised Code or if either of the following applies:	4170

(a) A complaint is filed against a child who is eligible for	4171
a discretionary transfer under section 2152.10 of the Revised Code	4172
and who previously was convicted of or pleaded guilty to a felony	4173
in a case that was transferred to a criminal court.	4174

(b) A complaint is filed against a child who is domiciled in	4175
another state alleging that the child is a delinquent child for	4176
committing an act that would be a felony if committed by an adult,	4177
and, if the act charged had been committed in that other state,	4178
the child would be subject to criminal prosecution as an adult	4179
under the law of that other state without the need for a transfer	4180
of jurisdiction from a juvenile, family, or similar noncriminal	4181
court to a criminal court.	4182

(3) If a complaint is filed against a child alleging that the	4183
child is a delinquent child and the case is transferred pursuant	4184
to division (A)(1)(a)(i) or (A)(1)(b)(ii) of this section and if	4185
the child subsequently is convicted of or pleads guilty to an	4186
offense in that case, the sentence to be imposed or disposition to	4187
be made of the child shall be determined in accordance with	4188
section 2152.121 of the Revised Code.	4189

(B) Except as provided in division (A) of this section, after	4190
a complaint has been filed alleging that a child is a delinquent	4191
child for committing an act that would be a felony if committed by	4192
an adult, the juvenile court at a hearing may transfer the case if	4193
the court finds all of the following:	4194

(1) The child was fourteen years of age or older at the time	4195
of the act charged.	4196

(2) There is probable cause to believe that the child	4197
committed the act charged.	4198

(3) The child is not amenable to care or rehabilitation	4199
within the juvenile system, and the safety of the community may	4200
require that the child be subject to adult sanctions. In making	4201
its decision under this division, the court shall consider whether	4202
the applicable factors under division (D) of this section	4203
indicating that the case should be transferred outweigh the	4204
applicable factors under division (E) of this section indicating	4205
that the case should not be transferred. The record shall indicate	4206
the specific factors that were applicable and that the court	4207
weighed.	4208

(C) Before considering a transfer under division (B) of this	4209
section, the juvenile court shall order an investigation into the	4210
child's social history, education, family situation, and any other	4211
factor bearing on whether the child is amenable to juvenile	4212
rehabilitation, including a mental examination of the child by a	4213
public or private agency or a person qualified to make the	4214
examination. The investigation shall be completed and a report on	4215
the investigation shall be submitted to the court as soon as	4216
possible but not more than forty-five calendar days after the	4217
court orders the investigation. The court may grant one or more	4218
extensions for a reasonable length of time. The child may waive	4219
the examination required by this division if the court finds that	4220
the waiver is competently and intelligently made. Refusal to	4221
submit to a mental examination by the child constitutes a waiver	4222
of the examination.	4223

(D) In considering whether to transfer a child under division	4224
(B) of this section, the juvenile court shall consider the	4225
following relevant factors, and any other relevant factors, in	4226
favor of a transfer under that division:	4227

(1) The victim of the act charged suffered physical or	4228
psychological harm, or serious economic harm, as a result of the	4229
alleged act.	4230

(2) The physical or psychological harm suffered by the victim	4231
due to the alleged act of the child was exacerbated because of the	4232
physical or psychological vulnerability or the age of the victim.	4233

(3) The child's relationship with the victim facilitated the	4234
act charged.	4235

(4) The child allegedly committed the act charged for hire or	4236
as a part of a gang or other organized criminal activity.	4237

(5) The child had a firearm on or about the child's person or	4238
under the child's control at the time of the act charged, the act	4239
charged is not a violation of section 2923.12 of the Revised Code,	4240
and the child, during the commission of the act charged, allegedly	4241
used or displayed the firearm, brandished the firearm, or	4242
indicated that the child possessed a firearm.	4243

(6) At the time of the act charged, the child was awaiting	4244
adjudication or disposition as a delinquent child, was under a	4245
community control sanction, or was on parole for a prior	4246
delinquent child adjudication or conviction.	4247

(7) The results of any previous juvenile sanctions and	4248
programs indicate that rehabilitation of the child will not occur	4249
in the juvenile system.	4250

(8) The child is emotionally, physically, or psychologically	4251
mature enough for the transfer.	4252

(9) There is not sufficient time to rehabilitate the child	4253
within the juvenile system.	4254

(E) In considering whether to transfer a child under division	4255
(B) of this section, the juvenile court shall consider the	4256
following relevant factors, and any other relevant factors,	4257
against a transfer under that division:	4258

(1) The victim induced or facilitated the act charged.

4259

(2) The child acted under provocation in allegedly committing	4260
the act charged.	4261

(3) The child was not the principal actor in the act charged,	4262
or, at the time of the act charged, the child was under the	4263
negative influence or coercion of another person.	4264

(4) The child did not cause physical harm to any person or	4265
property, or have reasonable cause to believe that harm of that	4266
nature would occur, in allegedly committing the act charged.	4267

(5) The child previously has not been adjudicated a	4268
delinquent child.	4269

(6) The child is not emotionally, physically, or	4270
psychologically mature enough for the transfer.	4271

(7) The child has a mental illness or is a ~~mentally retarded~~	4272
person with a developmental disability that is an intellectual	4273
disability.	4274

(8) There is sufficient time to rehabilitate the child within	4275
the juvenile system and the level of security available in the	4276
juvenile system provides a reasonable assurance of public safety.	4277

(F) If one or more complaints are filed alleging that a child	4278
is a delinquent child for committing two or more acts that would	4279
be offenses if committed by an adult, if a motion is made alleging	4280
that division (A) of this section applies and requires that the	4281
case or cases involving one or more of the acts charged be	4282
transferred ~~for~~, and if a motion also is made requesting that the	4283
case or cases involving one or more of the acts charged be	4284
transferred pursuant to division (B) of this section, the juvenile	4285
court, in deciding the motions, shall proceed in the following	4286
manner:	4287

(1) Initially, the court shall decide the motion alleging	4288
that division (A) of this section applies and requires that the	4289
case or cases involving one or more of the acts charged be	4290
transferred.	4291

(2) If the court determines that division (A) of this section	4292
applies and requires that the case or cases involving one or more	4293
of the acts charged be transferred, the court shall transfer the	4294
case or cases in accordance with that division. After the transfer	4295
pursuant to division (A) of this section, the court shall decide,	4296
in accordance with division (B) of this section, whether to grant	4297
the motion requesting that the case or cases involving one or more	4298
of the acts charged be transferred pursuant to that division.	4299
Notwithstanding division (B) of this section, prior to	4300
transferring a case pursuant to division (A) of this section, the	4301
court is not required to consider any factor specified in division	4302
(D) or (E) of this section or to conduct an investigation under	4303
division (C) of this section.	4304

(3) If the court determines that division (A) of this section	4305
does not require that the case or cases involving one or more of	4306
the acts charged be transferred, the court shall decide in	4307
accordance with division (B) of this section whether to grant the	4308
motion requesting that the case or cases involving one or more of	4309
the acts charged be transferred pursuant to that division.	4310

(4) No report on an investigation conducted pursuant to	4311
division (C) of this section shall include details of the alleged	4312
offense as reported by the child.	4313

(G) The court shall give notice in writing of the time,	4314
place, and purpose of any hearing held pursuant to division (A) or	4315
(B) of this section to the child's parents, guardian, or other	4316
custodian and to the child's counsel at least three days prior to	4317
the hearing.	4318

(H) No person, either before or after reaching eighteen years	4319
of age, shall be prosecuted as an adult for an offense committed	4320
prior to becoming eighteen years of age, unless the person has	4321
been transferred as provided in division (A) or (B) of this	4322
section or unless division (J) of this section applies. Any	4323
prosecution that is had in a criminal court on the mistaken belief	4324
that the person who is the subject of the case was eighteen years	4325
of age or older at the time of the commission of the offense shall	4326
be deemed a nullity, and the person shall not be considered to	4327
have been in jeopardy on the offense.	4328

(I) Upon the transfer of a case under division (A) or (B) of	4329
this section, the juvenile court shall state the reasons for the	4330
transfer on the record, and shall order the child to enter into a	4331
recognizance with good and sufficient surety for the child's	4332
appearance before the appropriate court for any disposition that	4333
the court is authorized to make for a similar act committed by an	4334
adult. The transfer abates the jurisdiction of the juvenile court	4335
with respect to the delinquent acts alleged in the complaint, and,	4336
upon the transfer, all further proceedings pertaining to the act	4337
charged shall be discontinued in the juvenile court, and the case	4338
then shall be within the jurisdiction of the court to which it is	4339
transferred as described in division (H) of section 2151.23 of the	4340
Revised Code.	4341

(J) If a person under eighteen years of age allegedly commits	4342
an act that would be a felony if committed by an adult and if the	4343
person is not taken into custody or apprehended for that act until	4344
after the person attains twenty-one years of age, the juvenile	4345
court does not have jurisdiction to hear or determine any portion	4346
of the case charging the person with committing that act. In those	4347
circumstances, divisions (A) and (B) of this section do not apply	4348
regarding the act, and the case charging the person with	4349
committing the act shall be a criminal prosecution commenced and	4350
heard in the appropriate court having jurisdiction of the offense	4351
as if the person had been eighteen years of age or older when the	4352
person committed the act. All proceedings pertaining to the act	4353
shall be within the jurisdiction of the court having jurisdiction	4354
of the offense, and that court has all the authority and duties in	4355
the case as it has in other criminal cases in that court.	4356

Sec. 2152.14. (A)(1) The director of youth services may	4357
request the prosecuting attorney of the county in which is located	4358
the juvenile court that imposed a serious youthful offender	4359
dispositional sentence upon a person under section 2152.121 or	4360
2152.13 of the Revised Code to file a motion with that juvenile	4361
court to invoke the adult portion of the dispositional sentence if	4362
all of the following apply to the person:	4363

(a) The person is at least fourteen years of age.

4364

(b) The person is in the institutional custody, or an escapee	4365
from the custody, of the department of youth services.	4366

(c) The person is serving the juvenile portion of the serious	4367
youthful offender dispositional sentence.	4368

(2) The motion shall state that there is reasonable cause to	4369
believe that either of the following misconduct has occurred and	4370
shall state that at least one incident of misconduct of that	4371
nature occurred after the person reached fourteen years of age:	4372

(a) The person committed an act that is a violation of the	4373
rules of the institution and that could be charged as any felony	4374
or as a first degree misdemeanor offense of violence if committed	4375
by an adult.	4376

(b) The person has engaged in conduct that creates a	4377
substantial risk to the safety or security of the institution, the	4378
community, or the victim.	4379

(B) If a person is at least fourteen years of age, is serving	4380
the juvenile portion of a serious youthful offender dispositional	4381
sentence imposed under section 2152.121 or 2152.13 of the Revised	4382
Code, and is on parole or aftercare from a department of youth	4383
services facility, or on community control, the director of youth	4384
services, the juvenile court that imposed the serious youthful	4385
offender dispositional sentence on the person, or the probation	4386
department supervising the person may request the prosecuting	4387
attorney of the county in which is located the juvenile court to	4388
file a motion with the juvenile court to invoke the adult portion	4389
of the dispositional sentence. The prosecuting attorney may file a	4390
motion to invoke the adult portion of the dispositional sentence	4391
even if no request is made. The motion shall state that there is	4392
reasonable cause to believe that either of the following occurred	4393
and shall state that at least one incident of misconduct of that	4394
nature occurred after the person reached fourteen years of age:	4395

(1) The person committed an act that is a violation of the	4396
conditions of supervision and that could be charged as any felony	4397
or as a first degree misdemeanor offense of violence if committed	4398
by an adult.	4399

(2) The person has engaged in conduct that creates a	4400
substantial risk to the safety or security of the community or of	4401
the victim.	4402

(C) If the prosecuting attorney declines a request to file a	4403
motion that was made by the department of youth services or the	4404
supervising probation department under division (A) or (B) of this	4405
section or fails to act on a request made under either division by	4406
the department within a reasonable time, the department of youth	4407
services or the supervising probation department may file a motion	4408
of the type described in division (A) or (B) of this section with	4409
the juvenile court to invoke the adult portion of the serious	4410
youthful offender dispositional sentence. If the prosecuting	4411
attorney declines a request to file a motion that was made by the	4412
juvenile court under division (B) of this section or fails to act	4413
on a request from the court under that division within a	4414
reasonable time, the juvenile court may hold the hearing described	4415
in division (D) of this section on its own motion.	4416

(D) Upon the filing of a motion described in division (A),	4417
(B), or (C) of this section, the juvenile court may hold a hearing	4418
to determine whether to invoke the adult portion of a person's	4419
serious juvenile offender dispositional sentence. The juvenile	4420
court shall not invoke the adult portion of the dispositional	4421
sentence without a hearing. At the hearing the person who is the	4422
subject of the serious youthful offender disposition has the right	4423
to be present, to receive notice of the grounds upon which the	4424
adult sentence portion is sought to be invoked, to be represented	4425
by counsel including counsel appointed under Juvenile Rule 4(A),	4426
to be advised on the procedures and protections set forth in the	4427
Juvenile Rules, and to present evidence on the person's own	4428
behalf, including evidence that the person has a mental illness or	4429
is a ~~mentally retarded~~ person with a developmental disability that	4430
is an intellectual disability. The person may not waive the right	4431
to counsel. The hearing shall be open to the public. If the person	4432
presents evidence that the person has a mental illness or is a	4433
~~mentally retarded~~ person with a developmental disability that is	4434
an intellectual disability, the juvenile court shall consider that	4435
evidence in determining whether to invoke the adult portion of the	4436
serious youthful offender dispositional sentence.	4437

(E)(1) The juvenile court may invoke the adult portion of a	4438
person's serious youthful offender dispositional sentence if the	4439
juvenile court finds all of the following on the record by clear	4440
and convincing evidence:	4441

(a) The person is serving the juvenile portion of a serious	4442
youthful offender dispositional sentence.	4443

(b) The person is at least fourteen years of age and has been	4444
admitted to a department of youth services facility, or criminal	4445
charges are pending against the person.	4446

(c) The person engaged in the conduct or acts charged under	4447
division (A), (B), or (C) of this section, and the person's	4448
conduct demonstrates that the person is unlikely to be	4449
rehabilitated during the remaining period of juvenile	4450
jurisdiction.	4451

(2) The court may modify the adult sentence the court invokes	4452
to consist of any lesser prison term that could be imposed for the	4453
offense and, in addition to the prison term or in lieu of the	4454
prison term if the prison term was not mandatory, any community	4455
control sanction that the offender was eligible to receive at	4456
sentencing.	4457

(F) If a juvenile court issues an order invoking the adult	4458
portion of a serious youthful offender dispositional sentence	4459
under division (E) of this section, the juvenile portion of the	4460
dispositional sentence shall terminate, and the department of	4461
youth services shall transfer the person to the department of	4462
rehabilitation and correction or place the person under another	4463
sanction imposed as part of the sentence. The juvenile court shall	4464
state in its order the total number of days that the person has	4465
been held in detention or in a facility operated by, or under	4466
contract with, the department of youth services under the juvenile	4467
portion of the dispositional sentence. The time the person must	4468
serve on a prison term imposed under the adult portion of the	4469
dispositional sentence shall be reduced by the total number of	4470
days specified in the order plus any additional days the person is	4471
held in a juvenile facility or in detention after the order is	4472
issued and before the person is transferred to the custody of the	4473
department of rehabilitation and correction. In no case shall the	4474
total prison term as calculated under this division exceed the	4475
maximum prison term available for an adult who is convicted of	4476
violating the same sections of the Revised Code.	4477

Any community control imposed as part of the adult sentence	4478
or as a condition of a judicial release from prison shall be under	4479
the supervision of the entity that provides adult probation	4480
services in the county. Any post-release control imposed after the	4481
offender otherwise is released from prison shall be supervised by	4482
the adult parole authority.	4483

Sec. 2152.811. (A) As used in this section:

4484

(1) "~~Mentally retarded person" and "developmentally disabled~~	4485
~~person~~Person with a developmental disability" ~~have~~has the same	4486
~~meanings~~meaning as in section 5123.01 of the Revised Code.	4487

(2) "~~Mentally retarded or developmentally disabled victim~~	4488
Victim with a developmental disability" includes any of the	4489
following persons:	4490

(a) A ~~mentally retarded person or developmentally disabled~~	4491
person with a developmental disability who was a victim of a	4492
violation identified in division (B)(1) of this section or an act	4493
that would be an offense of violence if committed by an adult;	4494

(b) A ~~mentally retarded person or developmentally disabled~~	4495
person with a developmental disability against whom was directed	4496
any conduct that constitutes, or that is an element of, a	4497
violation identified in division (B)(1) of this section or an act	4498
that would be an offense of violence if committed by an adult.	4499

(B)(1) In any proceeding in juvenile court involving a	4500
complaint, indictment, or information in which a child is charged	4501
with a violation of section 2903.16, 2903.34, 2903.341, 2907.02,	4502
2907.03, 2907.05, 2907.21, 2907.23, 2907.24, 2907.32, 2907.321,	4503
2907.322, or 2907.323 of the Revised Code or an act that would be	4504
an offense of violence if committed by an adult and in which an	4505
alleged victim of the violation or act was a ~~mentally retarded~~	4506
~~person or developmentally disabled~~ person with a developmental	4507
disability, the juvenile judge, upon motion of the prosecution,	4508
shall order that the testimony of the ~~mentally retarded or~~	4509
~~developmentally disabled~~ victim with a developmental disability be	4510
taken by deposition. The prosecution also may request that the	4511
deposition be videotaped in accordance with division (B)(2) of	4512
this section. The judge shall notify the ~~mentally retarded or~~	4513
~~developmentally disabled~~ victim with a developmental disability	4514
whose deposition is to be taken, the prosecution, and the attorney	4515
for the child who is charged with the violation or act of the	4516
date, time, and place for taking the deposition. The notice shall	4517
identify the ~~mentally retarded or developmentally disabled~~ victim	4518
with a developmental disability who is to be examined and shall	4519
indicate whether a request that the deposition be videotaped has	4520
been made. The child who is charged with the violation or act	4521
shall have the right to attend the deposition and the right to be	4522
represented by counsel. Depositions shall be taken in the manner	4523
provided in civil cases, except that the judge in the proceeding	4524
shall preside at the taking of the deposition and shall rule at	4525
that time on any objections of the prosecution or the attorney for	4526
the child charged with the violation or act. The prosecution and	4527
the attorney for the child charged with the violation or act shall	4528
have the right, as at an adjudication hearing, to full examination	4529
and cross-examination of the ~~mentally retarded or developmentally~~	4530
~~disabled~~ victim with a developmental disability whose deposition	4531
is to be taken.	4532

If a deposition taken under this division is intended to be	4533
offered as evidence in the proceeding, it shall be filed in the	4534
juvenile court in which the action is pending and is admissible in	4535
the manner described in division (C) of this section. If a	4536
deposition of a ~~mentally retarded or developmentally disabled~~	4537
victim with a developmental disability taken under this division	4538
is admitted as evidence at the proceeding under division (C) of	4539
this section, the ~~mentally retarded or developmentally disabled~~	4540
victim with a developmental disability shall not be required to	4541
testify in person at the proceeding.	4542

At any time before the conclusion of the proceeding, the	4543
attorney for the child charged with the violation or act may file	4544
a motion with the judge requesting that another deposition of the	4545
~~mentally retarded or developmentally disabled~~ victim with a	4546
developmental disability be taken because new evidence material to	4547
the defense of the child charged has been discovered that the	4548
attorney for the child charged could not with reasonable diligence	4549
have discovered prior to the taking of the admitted deposition.	4550
Any motion requesting another deposition shall be accompanied by	4551
supporting affidavits. Upon the filing of the motion and	4552
affidavits, the court may order that additional testimony of the	4553
~~mentally retarded or developmentally disabled~~ victim with a	4554
developmental disability relative to the new evidence be taken by	4555
another deposition. If the court orders the taking of another	4556
deposition under this provision, the deposition shall be taken in	4557
accordance with this division. If the admitted deposition was a	4558
videotaped deposition taken in accordance with division (B)(2) of	4559
this section, the new deposition also shall be videotaped in	4560
accordance with that division. In other cases, the new deposition	4561
may be videotaped in accordance with that division.	4562

(2) If the prosecution requests that a deposition to be taken	4563
under division (B)(1) of this section be videotaped, the juvenile	4564
judge shall order that the deposition be videotaped in accordance	4565
with this division. If a juvenile judge issues an order to video	4566
tape the deposition, the judge shall exclude from the room in	4567
which the deposition is to be taken every person except the	4568
~~mentally retarded or developmentally disabled~~ victim with a	4569
developmental disability giving the testimony, the judge, one or	4570
more interpreters if needed, the attorneys for the prosecution and	4571
the child who is charged with the violation or act, any person	4572
needed to operate the equipment to be used, one person chosen by	4573
the ~~mentally retarded or developmentally disabled~~ victim with a	4574
developmental disability giving the deposition, and any person	4575
whose presence the judge determines would contribute to the	4576
welfare and well-being of the ~~mentally retarded or developmentally~~	4577
~~disabled~~ victim with a developmental disability giving the	4578
deposition. The person chosen by the ~~mentally retarded or~~	4579
~~developmentally disabled~~ victim with a developmental disability	4580
shall not be a witness in the proceeding and, both before and	4581
during the deposition, shall not discuss the testimony of the	4582
victim with any other witness in the proceeding. To the extent	4583
feasible, any person operating the recording equipment shall be	4584
restricted to a room adjacent to the room in which the deposition	4585
is being taken, or to a location in the room in which the	4586
deposition is being taken that is behind a screen or mirror so	4587
that the person operating the recording equipment can see and	4588
hear, but cannot be seen or heard by, the ~~mentally retarded or~~	4589
~~developmentally disabled~~ victim with a developmental disability	4590
giving the deposition during the deposition.	4591

The child who is charged with the violation or act shall be	4592
permitted to observe and hear the testimony of the ~~mentally~~	4593
~~retarded or developmentally disabled~~ victim with a developmental	4594
disability giving the deposition on a monitor, shall be provided	4595
with an electronic means of immediate communication with the	4596
attorney of the child who is charged with the violation or act	4597
during the testimony, and shall be restricted to a location from	4598
which the child who is charged with the violation or act cannot be	4599
seen or heard by the ~~mentally retarded or developmentally disabled~~	4600
victim with a developmental disability giving the deposition,	4601
except on a monitor provided for that purpose. The ~~mentally~~	4602
~~retarded or developmentally disabled~~ victim with a developmental	4603
disability giving the deposition shall be provided with a monitor	4604
on which the ~~mentally retarded or developmentally disabled~~ victim	4605
with a developmental disability can observe, while giving	4606
testimony, the child who is charged with the violation or act. The	4607
judge, at the judge's discretion, may preside at the deposition by	4608
electronic means from outside the room in which the deposition is	4609
to be taken; if the judge presides by electronic means, the judge	4610
shall be provided with monitors on which the judge can see each	4611
person in the room in which the deposition is to be taken and with	4612
an electronic means of communication with each person in that	4613
room, and each person in the room shall be provided with a monitor	4614
on which that person can see the judge and with an electronic	4615
means of communication with the judge. A deposition that is	4616
videotaped under this division shall be taken and filed in the	4617
manner described in division (B)(1) of this section and is	4618
admissible in the manner described in this division and division	4619
(C) of this section. If a deposition that is videotaped under this	4620
division is admitted as evidence at the proceeding, the ~~mentally~~	4621
~~retarded or developmentally disabled~~ victim with a developmental	4622
disability shall not be required to testify in person at the	4623
proceeding. No deposition videotaped under this division shall be	4624
admitted as evidence at any proceeding unless division (C) of this	4625
section is satisfied relative to the deposition and all of the	4626
following apply relative to the recording:	4627

(a) The recording is both aural and visual and is recorded on	4628
film or videotape, or by other electronic means.	4629

(b) The recording is authenticated under the Rules of	4630
Evidence and the Rules of Criminal Procedure as a fair and	4631
accurate representation of what occurred, and the recording is not	4632
altered other than at the direction and under the supervision of	4633
the judge in the proceeding.	4634

(c) Each voice on the recording that is material to the	4635
testimony on the recording or the making of the recording, as	4636
determined by the judge, is identified.	4637

(d) Both the prosecution and the child who is charged with	4638
the violation or act are afforded an opportunity to view the	4639
recording before it is shown in the proceeding.	4640

(C)(1) At any proceeding in relation to which a deposition	4641
was taken under division (B) of this section, the deposition or a	4642
part of it is admissible in evidence upon motion of the	4643
prosecution if the testimony in the deposition or the part to be	4644
admitted is not excluded by the hearsay rule and if the deposition	4645
or the part to be admitted otherwise is admissible under the Rules	4646
of Evidence. For purposes of this division, testimony is not	4647
excluded by the hearsay rule if the testimony is not hearsay under	4648
Evidence Rule 801; the testimony is within an exception to the	4649
hearsay rule set forth in Evidence Rule 803; the ~~mentally retarded~~	4650
~~or developmentally disabled~~ victim with a developmental disability	4651
who gave the testimony is unavailable as a witness, as defined in	4652
Evidence Rule 804, and the testimony is admissible under that	4653
rule; or both of the following apply:	4654

(a) The child who is charged with the violation or act had an	4655
opportunity and similar motive at the time of the taking of the	4656
deposition to develop the testimony by direct, cross, or redirect	4657
examination.	4658

(b) The judge determines that there is reasonable cause to	4659
believe that, if the ~~mentally retarded or developmentally disabled~~	4660
victim with a developmental disability who gave the testimony in	4661
the deposition were to testify in person at the proceeding, the	4662
~~mentally retarded or developmentally disabled~~ victim with a	4663
developmental disability would experience serious emotional trauma	4664
as a result of the ~~mentally retarded or developmentally disabled~~	4665
~~victim's~~ participation of the victim with a developmental	4666
disability at the proceeding.	4667

(2) Objections to receiving in evidence a deposition or a	4668
part of it under division (C) of this section shall be made as	4669
provided in civil actions.	4670

(3) The provisions of divisions (B) and (C) of this section	4671
are in addition to any other provisions of the Revised Code, the	4672
Rules of Juvenile Procedure, the Rules of Criminal Procedure, or	4673
the Rules of Evidence that pertain to the taking or admission of	4674
depositions in a juvenile court proceeding and do not limit the	4675
admissibility under any of those other provisions of any	4676
deposition taken under division (B) of this section or otherwise	4677
taken.	4678

(D) In any proceeding in juvenile court involving a	4679
complaint, indictment, or information in which a child is charged	4680
with a violation listed in division (B)(1) of this section or an	4681
act that would be an offense of violence if committed by an adult	4682
and in which an alleged victim of the violation or offense was a	4683
~~mentally retarded or developmentally disabled~~ person with a	4684
developmental disability, the prosecution may file a motion with	4685
the juvenile judge requesting the judge to order the testimony of	4686
the ~~mentally retarded or developmentally disabled~~ victim with a	4687
developmental disability to be taken in a room other than the room	4688
in which the proceeding is being conducted and be televised, by	4689
closed circuit equipment, into the room in which the proceeding is	4690
being conducted to be viewed by the child who is charged with the	4691
violation or act and any other persons who are not permitted in	4692
the room in which the testimony is to be taken but who would have	4693
been present during the testimony of the ~~mentally retarded or~~	4694
~~developmentally disabled~~ victim with a developmental disability	4695
had it been given in the room in which the proceeding is being	4696
conducted. Except for good cause shown, the prosecution shall file	4697
a motion under this division at least seven days before the date	4698
of the proceeding. The juvenile judge may issue the order upon the	4699
motion of the prosecution filed under this division, if the judge	4700
determines that the ~~mentally retarded or developmentally disabled~~	4701
victim with a developmental disability is unavailable to testify	4702
in the room in which the proceeding is being conducted in the	4703
physical presence of the child charged with the violation or act	4704
for one or more of the reasons set forth in division (F) of this	4705
section. If a juvenile judge issues an order of that nature, the	4706
judge shall exclude from the room in which the testimony is to be	4707
taken every person except a person described in division (B)(2) of	4708
this section. The judge, at the judge's discretion, may preside	4709
during the giving of the testimony by electronic means from	4710
outside the room in which it is being given, subject to the	4711
limitations set forth in division (B)(2) of this section. To the	4712
extent feasible, any person operating the televising equipment	4713
shall be hidden from the sight and hearing of the ~~mentally~~	4714
~~retarded or developmentally disabled~~ victim with a developmental	4715
disability giving the testimony, in a manner similar to that	4716
described in division (B)(2) of this section. The child who is	4717
charged with the violation or act shall be permitted to observe	4718
and hear the testimony of the ~~mentally retarded or~~	4719
~~developmentally disabled~~ victim with a developmental disability	4720
giving the testimony on a monitor, shall be provided with an	4721
electronic means of immediate communication with the attorney of	4722
the child who is charged with the violation or act during the	4723
testimony, and shall be restricted to a location from which the	4724
child who is charged with the violation or act cannot be seen or	4725
heard by the ~~mentally retarded or developmentally disabled~~ victim	4726
with a developmental disability giving the testimony, except on a	4727
monitor provided for that purpose. The ~~mentally retarded or~~	4728
~~developmentally disabled~~ victim with a developmental disability	4729
giving the testimony shall be provided with a monitor on which the	4730
~~mentally retarded or developmentally disabled~~ victim with a	4731
developmental disability can observe, while giving testimony, the	4732
child who is charged with the violation or act.	4733

(E) In any proceeding in juvenile court involving a	4734
complaint, indictment, or information in which a child is charged	4735
with a violation listed in division (B)(1) of this section or an	4736
act that would be an offense of violence if committed by an adult	4737
and in which an alleged victim of the violation or offense was a	4738
~~mentally retarded or developmentally disabled~~ person with a	4739
developmental disability, the prosecution may file a motion with	4740
the juvenile judge requesting the judge to order the testimony of	4741
the ~~mentally retarded or developmentally disabled~~ victim with a	4742
developmental disability to be taken outside of the room in which	4743
the proceeding is being conducted and be recorded for showing in	4744
the room in which the proceeding is being conducted before the	4745
judge, the child who is charged with the violation or act, and any	4746
other persons who would have been present during the testimony of	4747
the ~~mentally retarded or developmentally disabled~~ victim with a	4748
developmental disability had it been given in the room in which	4749
the proceeding is being conducted. Except for good cause shown,	4750
the prosecution shall file a motion under this division at least	4751
seven days before the date of the proceeding. The juvenile judge	4752
may issue the order upon the motion of the prosecution filed under	4753
this division, if the judge determines that the ~~mentally retarded~~	4754
~~or developmentally disabled~~ victim with a developmental disability	4755
is unavailable to testify in the room in which the proceeding is	4756
being conducted in the physical presence of the child charged with	4757
the violation or act, due to one or more of the reasons set forth	4758
in division (F) of this section. If a juvenile judge issues an	4759
order of that nature, the judge shall exclude from the room in	4760
which the testimony is to be taken every person except a person	4761
described in division (B)(2) of this section. To the extent	4762
feasible, any person operating the recording equipment shall be	4763
hidden from the sight and hearing of the ~~mentally retarded or~~	4764
~~developmentally disabled~~ victim with a developmental disability	4765
giving the testimony, in a manner similar to that described in	4766
division (B)(2) of this section. The child who is charged with the	4767
violation or act shall be permitted to observe and hear the	4768
testimony of the ~~mentally retarded or developmentally disabled~~	4769
victim with a developmental disability giving the testimony on a	4770
monitor, shall be provided with an electronic means of immediate	4771
communication with the attorney of the child who is charged with	4772
the violation or act during the testimony, and shall be restricted	4773
to a location from which the child who is charged with the	4774
violation or act cannot be seen or heard by the ~~mentally retarded~~	4775
~~or developmentally disabled~~ victim with a developmental disability	4776
giving the testimony, except on a monitor provided for that	4777
purpose. The ~~mentally retarded or developmentally disabled~~ victim	4778
with a developmental disability giving the testimony shall be	4779
provided with a monitor on which the ~~mentally retarded or~~	4780
~~developmentally disabled~~ victim with a developmental disability	4781
can observe, while giving testimony, the child who is charged with	4782
the violation or act. No order for the taking of testimony by	4783
recording shall be issued under this division unless the	4784
provisions set forth in divisions (B)(2)(a), (b), (c), and (d) of	4785
this section apply to the recording of the testimony.	4786

(F) For purposes of divisions (D) and (E) of this section, a	4787
juvenile judge may order the testimony of a ~~mentally retarded or~~	4788
~~developmentally disabled~~ victim with a developmental disability to	4789
be taken outside of the room in which a proceeding is being	4790
conducted if the judge determines that the ~~mentally retarded or~~	4791
~~developmentally disabled~~ victim with a developmental disability is	4792
unavailable to testify in the room in the physical presence of the	4793
child charged with the violation or act due to one or more of the	4794
following circumstances:	4795

(1) The persistent refusal of the ~~mentally retarded or~~	4796
~~developmentally disabled~~ victim with a developmental disability to	4797
testify despite judicial requests to do so;	4798

(2) The inability of the ~~mentally retarded or developmentally~~	4799
~~disabled~~ victim with a developmental disability to communicate	4800
about the alleged violation or offense because of extreme fear,	4801
failure of memory, or another similar reason;	4802

(3) The substantial likelihood that the ~~mentally retarded or~~	4803
~~developmentally disabled~~ victim with a developmental disability	4804
will suffer serious emotional trauma from so testifying.	4805

(G)(1) If a juvenile judge issues an order pursuant to	4806
division (D) or (E) of this section that requires the testimony of	4807
a ~~mentally retarded or developmentally disabled~~ victim with a	4808
developmental disability in a juvenile court proceeding to be	4809
taken outside of the room in which the proceeding is being	4810
conducted, the order shall specifically identify the ~~mentally~~	4811
~~retarded or developmentally disabled~~ victim with a developmental	4812
disability to whose testimony it applies, the order applies only	4813
during the testimony of the specified ~~mentally retarded or~~	4814
~~developmentally disabled~~ victim with a developmental disability,	4815
and the ~~mentally retarded or developmentally disabled~~ victim with	4816
a developmental disability giving the testimony shall not be	4817
required to testify at the proceeding other than in accordance	4818
with the order. The authority of a judge to close the taking of a	4819
deposition under division (B)(2) of this section or a proceeding	4820
under division (D) or (E) of this section is in addition to the	4821
authority of a judge to close a hearing pursuant to section	4822
2151.35 of the Revised Code.	4823

(2) A juvenile judge who makes any determination regarding	4824
the admissibility of a deposition under divisions (B) and (C) of	4825
this section, the videotaping of a deposition under division	4826
(B)(2) of this section, or the taking of testimony outside of the	4827
room in which a proceeding is being conducted under division (D)	4828
or (E) of this section shall enter the determination and findings	4829
on the record in the proceeding.	4830

Sec. 2305.111. (A) As used in this section:

4831

(1) "Childhood sexual abuse" means any conduct that	4832
constitutes any of the violations identified in division (A)(1)(a)	4833
or (b) of this section and would constitute a criminal offense	4834
under the specified section or division of the Revised Code, if	4835
the victim of the violation is at the time of the violation a	4836
child under eighteen years of age or a ~~mentally retarded,~~	4837
~~developmentally disabled, or physically impaired~~ child with a	4838
developmental disability or physical impairment under twenty-one	4839
years of age. The court need not find that any person has been	4840
convicted of or pleaded guilty to the offense under the specified	4841
section or division of the Revised Code in order for the conduct	4842
that is the violation constituting the offense to be childhood	4843
sexual abuse for purposes of this division. This division applies	4844
to any of the following violations committed in the following	4845
specified circumstances:	4846

(a) A violation of section 2907.02 or of division (A)(1),	4847
(5), (6), (7), (8), (9), (10), (11), or (12) of section 2907.03 of	4848
the Revised Code;	4849

(b) A violation of section 2907.05 or 2907.06 of the Revised	4850
Code if, at the time of the violation, any of the following apply:	4851

(i) The actor is the victim's natural parent, adoptive	4852
parent, or stepparent or the guardian, custodian, or person in	4853
loco parentis of the victim.	4854

(ii) The victim is in custody of law or a patient in a	4855
hospital or other institution, and the actor has supervisory or	4856
disciplinary authority over the victim.	4857

(iii) The actor is a teacher, administrator, coach, or other	4858
person in authority employed by or serving in a school for which	4859
the state board of education prescribes minimum standards pursuant	4860
to division (D) of section 3301.07 of the Revised Code, the victim	4861
is enrolled in or attends that school, and the actor is not	4862
enrolled in and does not attend that school.	4863

(iv) The actor is a teacher, administrator, coach, or other	4864
person in authority employed by or serving in an institution of	4865
higher education, and the victim is enrolled in or attends that	4866
institution.	4867

(v) The actor is the victim's athletic or other type of	4868
coach, is the victim's instructor, is the leader of a scouting	4869
troop of which the victim is a member, or is a person with	4870
temporary or occasional disciplinary control over the victim.	4871

(vi) The actor is a mental health professional, the victim is	4872
a mental health client or patient of the actor, and the actor	4873
induces the victim to submit by falsely representing to the victim	4874
that the sexual contact involved in the violation is necessary for	4875
mental health treatment purposes.	4876

(vii) The victim is confined in a detention facility, and the	4877
actor is an employee of that detention facility.	4878

(viii) The actor is a cleric, and the victim is a member of,	4879
or attends, the church or congregation served by the cleric.	4880

(2) "Cleric" has the same meaning as in section 2317.02 of	4881
the Revised Code.	4882

(3) "Mental health client or patient" has the same meaning as	4883
in section 2305.51 of the Revised Code.	4884

(4) "Mental health professional" has the same meaning as in	4885
section 2305.115 of the Revised Code.	4886

(5) "Sexual contact" has the same meaning as in section	4887
2907.01 of the Revised Code.	4888

(6) "Victim" means, except as provided in division (B) of	4889
this section, a victim of childhood sexual abuse.	4890

(B) Except as provided in section 2305.115 of the Revised	4891
Code and subject to division (C) of this section, an action for	4892
assault or battery shall be brought within one year after the	4893
cause of the action accrues. For purposes of this section, a cause	4894
of action for assault or battery accrues upon the later of the	4895
following:	4896

(1) The date on which the alleged assault or battery	4897
occurred;	4898

(2) If the plaintiff did not know the identity of the person	4899
who allegedly committed the assault or battery on the date on	4900
which it allegedly occurred, the earlier of the following dates:	4901

(a) The date on which the plaintiff learns the identity of	4902
that person;	4903

(b) The date on which, by the exercise of reasonable	4904
diligence, the plaintiff should have learned the identity of that	4905
person.	4906

(C) An action for assault or battery brought by a victim of	4907
childhood sexual abuse based on childhood sexual abuse, or an	4908
action brought by a victim of childhood sexual abuse asserting any	4909
claim resulting from childhood sexual abuse, shall be brought	4910
within twelve years after the cause of action accrues. For	4911
purposes of this section, a cause of action for assault or battery	4912
based on childhood sexual abuse, or a cause of action for a claim	4913
resulting from childhood sexual abuse, accrues upon the date on	4914
which the victim reaches the age of majority. If the defendant in	4915
an action brought by a victim of childhood sexual abuse asserting	4916
a claim resulting from childhood sexual abuse that occurs on or	4917
after ~~the effective date of this act~~August 3, 2006, has	4918
fraudulently concealed from the plaintiff facts that form the	4919
basis of the claim, the running of the limitations period with	4920
regard to that claim is tolled until the time when the plaintiff	4921
discovers or in the exercise of due diligence should have	4922
discovered those facts.	4923

Sec. 2311.14. (A)(1) Whenever because of a hearing, speech,	4924
or other impairment a party to or witness in a legal proceeding	4925
cannot readily understand or communicate, the court shall appoint	4926
a qualified interpreter to assist such person.	4927

(2) This section is not limited to a person who speaks a	4928
language other than English. It also applies to the language and	4929
descriptions of any ~~mentally retarded person or developmentally~~	4930
~~disabled~~ person with a developmental disability who cannot be	4931
reasonably understood, or who cannot understand questioning,	4932
without the aid of an interpreter. The interpreter may aid the	4933
parties in formulating methods of questioning the person with	4934
~~mental retardation or~~ a developmental disability and in	4935
interpreting the answers of the person.	4936

(B) Before entering upon official duties, the interpreter	4937
shall take an oath that the interpreter will make a true	4938
interpretation of the proceedings to the party or witness, and	4939
that the interpreter will truly repeat the statements made by such	4940
party or witness to the court, to the best of the interpreter's	4941
ability. If the interpreter is appointed to assist a ~~mentally~~	4942
~~retarded person or developmentally disabled~~ person with a	4943
developmental disability as described in division (A)(2) of this	4944
section, the oath also shall include an oath that the interpreter	4945
will not prompt, lead, suggest, or otherwise improperly influence	4946
the testimony of the witness or party.	4947

(C) The court shall determine a reasonable fee for all such	4948
interpreter service which shall be paid out of the same funds as	4949
witness fees. If the party taxed with costs is indigent, the court	4950
shall not tax the interpreter's fees as costs, and the county or,	4951
if the court is a municipal court that is not a county-operated	4952
municipal court, the municipal corporation in which the court is	4953
located shall pay the interpreter's fees.	4954

(D) As used in this section, "~~mentally retarded person" and~~	4955
~~"developmentally disabled~~ person with a developmental disability"	4956
~~have~~has the same ~~meanings~~meaning as in section 5123.01 of the	4957
Revised Code.	4958

Sec. 2317.021. (A) As used in division (A) of section 2317.02	4959
of the Revised Code:	4960

"Client" means a person, firm, partnership, corporation, or	4961
other association that, directly or through any representative,	4962
consults an attorney for the purpose of retaining the attorney or	4963
securing legal service or advice from the attorney in the	4964
attorney's professional capacity, or consults an attorney employee	4965
for legal service or advice, and who communicates, either directly	4966
or through an agent, employee, or other representative, with such	4967
attorney; and includes an incompetent person whose guardian so	4968
consults the attorney in behalf of the incompetent person.	4969

Where a corporation or association is a client having the	4970
privilege and it has been dissolved, the privilege shall extend to	4971
the last board of directors, their successors or assigns, or to	4972
the trustees, their successors or assigns.	4973

This section shall be construed as in addition to, and not in	4974
limitation of, other laws affording protection to communications	4975
under the attorney-client privilege.	4976

(B) As used in this section and in sections 2317.02 and	4977
2317.03 of the Revised Code, "incompetent" or "incompetent person"	4978
means a person who is so mentally impaired as a result of a mental	4979
or physical illness or disability, or ~~mental retardation~~a	4980
developmental disability that is an intellectual disability, or as	4981
a result of chronic substance abuse, that the person is incapable	4982
of taking proper care of the person's self or property or fails to	4983
provide for the person's family or other persons for whom the	4984
person is charged by law to provide.	4985

Sec. 2503.37. Cases commenced in or taken to the supreme	4986
court shall be entered on the docket in the order in which they	4987
are commenced, received, or filed. They shall be disposed of in	4988
the same order, except that the court may dispose of the following	4989
classes of cases in advance of their order on the docket:	4990

(A) Proceedings in quo warranto, mandamus, procedendo,	4991
prohibition, or habeas corpus;	4992

(B) Cases in which the person seeking relief has been	4993
convicted of felony;	4994

4995

(D) Cases involving the construction or constitutionality of	4996
a statute, or a question of practice, in which the questions	4997
arising are of general public interest;	4998

(E) Cases of general interest to the public, if two or more	4999
of the courts of appeals have held the law directly opposite upon	5000
like facts;	5001

(F) Cases in which the relief sought is damages for personal	5002
injury, or for death caused by negligence, and in which the person	5003
injured makes affidavit that the person's livelihood is dependent	5004
upon daily labor, or, in case of death, in which the surviving	5005
spouse or any of the next of kin of the deceased makes an	5006
affidavit that the surviving spouse or next of kin was dependent	5007
for livelihood upon the person's or the decedent's daily labor;	5008

(G) Cases in which a trust fund for the care, support, or	5009
education of a minor, or care or support of a ~~mentally retarded~~	5010
person with a developmental disability that is an intellectual	5011
disability, is in question;	5012

(H) Cases involving controversies or questions arising in the	5013
administration of the estate of a deceased person under the laws	5014
of this state;	5015

(I) Cases involving the construction of a statute for the	5016
annexation of territory to a municipal corporation.	5017

Sec. 2721.05. As used in this section, "incompetent person"	5018
means a person who is so mentally impaired as a result of a mental	5019
or physical illness or disability, or ~~mental retardation~~a	5020
developmental disability that is an intellectual disability, or as	5021
a result of chronic substance abuse, that the person is incapable	5022
of taking proper care of the person's self or property or fails to	5023
provide for the person's family or other persons for whom the	5024
person is charged by law to provide.	5025

Any person interested as or through an executor,	5026
administrator, trustee, guardian, or other fiduciary, creditor,	5027
devisee, legatee, heir, next of kin, or cestui que trust, in the	5028
administration of a trust, or of the estate of a decedent, an	5029
infant, an incompetent person, or an insolvent person, may have a	5030
declaration of rights or legal relations in respect thereto in any	5031
of the following cases:	5032

(A) To ascertain any class of creditors, devisees, legatees,	5033
heirs, next of kin, or others;	5034

(B) To direct the executors, administrators, trustees, or	5035
other fiduciaries to do or abstain from doing any particular act	5036
in their fiduciary capacity;	5037

(C) To determine any question arising in the administration	5038
of the estate or trust, including questions of construction of	5039
wills and other writings.	5040

Sec. 2744.01. As used in this chapter:

5041

(A) "Emergency call" means a call to duty, including, but not	5042
limited to, communications from citizens, police dispatches, and	5043
personal observations by peace officers of inherently dangerous	5044
situations that demand an immediate response on the part of a	5045
peace officer.	5046

(B) "Employee" means an officer, agent, employee, or servant,	5047
whether or not compensated or full-time or part-time, who is	5048
authorized to act and is acting within the scope of the officer's,	5049
agent's, employee's, or servant's employment for a political	5050
subdivision. "Employee" does not include an independent contractor	5051
and does not include any individual engaged by a school district	5052
pursuant to section 3319.301 of the Revised Code. "Employee"	5053
includes any elected or appointed official of a political	5054
subdivision. "Employee" also includes a person who has been	5055
convicted of or pleaded guilty to a criminal offense and who has	5056
been sentenced to perform community service work in a political	5057
subdivision whether pursuant to section 2951.02 of the Revised	5058
Code or otherwise, and a child who is found to be a delinquent	5059
child and who is ordered by a juvenile court pursuant to section	5060
2152.19 or 2152.20 of the Revised Code to perform community	5061
service or community work in a political subdivision.	5062

(C)(1) "Governmental function" means a function of a	5063
political subdivision that is specified in division (C)(2) of this	5064
section or that satisfies any of the following:	5065

(a) A function that is imposed upon the state as an	5066
obligation of sovereignty and that is performed by a political	5067
subdivision voluntarily or pursuant to legislative requirement;	5068

(b) A function that is for the common good of all citizens of	5069
the state;	5070

(c) A function that promotes or preserves the public peace,	5071
health, safety, or welfare; that involves activities that are not	5072
engaged in or not customarily engaged in by nongovernmental	5073
persons; and that is not specified in division (G)(2) of this	5074
section as a proprietary function.	5075

(2) A "governmental function" includes, but is not limited	5076
to, the following:	5077

(a) The provision or nonprovision of police, fire, emergency	5078
medical, ambulance, and rescue services or protection;	5079

(b) The power to preserve the peace; to prevent and suppress	5080
riots, disturbances, and disorderly assemblages; to prevent,	5081
mitigate, and clean up releases of oil and hazardous and extremely	5082
hazardous substances as defined in section 3750.01 of the Revised	5083
Code; and to protect persons and property;	5084

5085

(d) The provision of a free public library system;

5086

(e) The regulation of the use of, and the maintenance and	5087
repair of, roads, highways, streets, avenues, alleys, sidewalks,	5088
bridges, aqueducts, viaducts, and public grounds;	5089

(f) Judicial, quasi-judicial, prosecutorial, legislative, and	5090
quasi-legislative functions;	5091

(g) The construction, reconstruction, repair, renovation,	5092
maintenance, and operation of buildings that are used in	5093
connection with the performance of a governmental function,	5094
including, but not limited to, office buildings and courthouses;	5095

(h) The design, construction, reconstruction, renovation,	5096
repair, maintenance, and operation of jails, places of juvenile	5097
detention, workhouses, or any other detention facility, as defined	5098
in section 2921.01 of the Revised Code;	5099

(i) The enforcement or nonperformance of any law;

5100

(j) The regulation of traffic, and the erection or	5101
nonerection of traffic signs, signals, or control devices;	5102

(k) The collection and disposal of solid wastes, as defined	5103
in section 3734.01 of the Revised Code, including, but not limited	5104
to, the operation of solid waste disposal facilities, as	5105
"facilities" is defined in that section, and the collection and	5106
management of hazardous waste generated by households. As used in	5107
division (C)(2)(k) of this section, "hazardous waste generated by	5108
households" means solid waste originally generated by individual	5109
households that is listed specifically as hazardous waste in or	5110
exhibits one or more characteristics of hazardous waste as defined	5111
by rules adopted under section 3734.12 of the Revised Code, but	5112
that is excluded from regulation as a hazardous waste by those	5113
rules.	5114

(l) The provision or nonprovision, planning or design,	5115
construction, or reconstruction of a public improvement,	5116
including, but not limited to, a sewer system;	5117

(m) The operation of a job and family services department or	5118
agency, including, but not limited to, the provision of assistance	5119
to aged and infirm persons and to persons who are indigent;	5120

(n) The operation of a health board, department, or agency,	5121
including, but not limited to, any statutorily required or	5122
permissive program for the provision of immunizations or other	5123
inoculations to all or some members of the public, provided that a	5124
"governmental function" does not include the supply, manufacture,	5125
distribution, or development of any drug or vaccine employed in	5126
any such immunization or inoculation program by any supplier,	5127
manufacturer, distributor, or developer of the drug or vaccine;	5128

(o) The operation of mental health facilities, ~~mental~~	5129
~~retardation or~~ developmental disabilities facilities, alcohol	5130
treatment and control centers, and children's homes or agencies;	5131

(p) The provision or nonprovision of inspection services of	5132
all types, including, but not limited to, inspections in	5133
connection with building, zoning, sanitation, fire, plumbing, and	5134
electrical codes, and the taking of actions in connection with	5135
those types of codes, including, but not limited to, the approval	5136
of plans for the construction of buildings or structures and the	5137
issuance or revocation of building permits or stop work orders in	5138
connection with buildings or structures;	5139

(q) Urban renewal projects and the elimination of slum	5140
conditions, including the performance of any activity that a	5141
county land reutilization corporation is authorized to perform	5142
under Chapter 1724. or 5722. of the Revised Code;	5143

(r) Flood control measures;

5144

(s) The design, construction, reconstruction, renovation,	5145
operation, care, repair, and maintenance of a township cemetery;	5146

(t) The issuance of revenue obligations under section 140.06	5147
of the Revised Code;	5148

(u) The design, construction, reconstruction, renovation,	5149
repair, maintenance, and operation of any school athletic	5150
facility, school auditorium, or gymnasium or any recreational area	5151
or facility, including, but not limited to, any of the following:	5152

(i) A park, playground, or playfield;

5153

(ii) An indoor recreational facility;

5154

(iii) A zoo or zoological park;

5155

(iv) A bath, swimming pool, pond, water park, wading pool,	5156
wave pool, water slide, or other type of aquatic facility;	5157

(v) A golf course;

5158

(vi) A bicycle motocross facility or other type of	5159
recreational area or facility in which bicycling, skating, skate	5160
boarding, or scooter riding is engaged;	5161

(vii) A rope course or climbing walls;

5162

(viii) An all-purpose vehicle facility in which all-purpose	5163
vehicles, as defined in section 4519.01 of the Revised Code, are	5164
contained, maintained, or operated for recreational activities.	5165

(v) The provision of public defender services by a county or	5166
joint county public defender's office pursuant to Chapter 120. of	5167
the Revised Code;	5168

(w)(i) At any time before regulations prescribed pursuant to	5169
49 U.S.C.A 20153 become effective, the designation, establishment,	5170
design, construction, implementation, operation, repair, or	5171
maintenance of a public road rail crossing in a zone within a	5172
municipal corporation in which, by ordinance, the legislative	5173
authority of the municipal corporation regulates the sounding of	5174
locomotive horns, whistles, or bells;	5175

(ii) On and after the effective date of regulations	5176
prescribed pursuant to 49 U.S.C.A. 20153, the designation,	5177
establishment, design, construction, implementation, operation,	5178
repair, or maintenance of a public road rail crossing in such a	5179
zone or of a supplementary safety measure, as defined in 49	5180
U.S.C.A 20153, at or for a public road rail crossing, if and to	5181
the extent that the public road rail crossing is excepted,	5182
pursuant to subsection (c) of that section, from the requirement	5183
of the regulations prescribed under subsection (b) of that	5184
section.	5185

(x) A function that the general assembly mandates a political	5186
subdivision to perform.	5187

(D) "Law" means any provision of the constitution, statutes,	5188
or rules of the United States or of this state; provisions of	5189
charters, ordinances, resolutions, and rules of political	5190
subdivisions; and written policies adopted by boards of education.	5191
When used in connection with the "common law," this definition	5192
does not apply.	5193

(E) "Motor vehicle" has the same meaning as in section	5194
4511.01 of the Revised Code.	5195

(F) "Political subdivision" or "subdivision" means a	5196
municipal corporation, township, county, school district, or other	5197
body corporate and politic responsible for governmental activities	5198
in a geographic area smaller than that of the state. "Political	5199
subdivision" includes, but is not limited to, a county hospital	5200
commission appointed under section 339.14 of the Revised Code,	5201
board of hospital commissioners appointed for a municipal hospital	5202
under section 749.04 of the Revised Code, board of hospital	5203
trustees appointed for a municipal hospital under section 749.22	5204
of the Revised Code, regional planning commission created pursuant	5205
to section 713.21 of the Revised Code, county planning commission	5206
created pursuant to section 713.22 of the Revised Code, joint	5207
planning council created pursuant to section 713.231 of the	5208
Revised Code, interstate regional planning commission created	5209
pursuant to section 713.30 of the Revised Code, port authority	5210
created pursuant to section 4582.02 or 4582.26 of the Revised Code	5211
or in existence on December 16, 1964, regional council established	5212
by political subdivisions pursuant to Chapter 167. of the Revised	5213
Code, emergency planning district and joint emergency planning	5214
district designated under section 3750.03 of the Revised Code,	5215
joint emergency medical services district created pursuant to	5216
section 307.052 of the Revised Code, fire and ambulance district	5217
created pursuant to section 505.375 of the Revised Code, joint	5218
interstate emergency planning district established by an agreement	5219
entered into under that section, county solid waste management	5220
district and joint solid waste management district established	5221
under section 343.01 or 343.012 of the Revised Code, community	5222
school established under Chapter 3314. of the Revised Code, county	5223
land reutilization corporation organized under Chapter 1724. of	5224
the Revised Code, the county or counties served by a	5225
community-based correctional facility and program or district	5226
community-based correctional facility and program established and	5227
operated under sections 2301.51 to 2301.58 of the Revised Code, a	5228
community-based correctional facility and program or district	5229
community-based correctional facility and program that is so	5230
established and operated, and the facility governing board of a	5231
community-based correctional facility and program or district	5232
community-based correctional facility and program that is so	5233
established and operated.	5234

(G)(1) "Proprietary function" means a function of a political	5235
subdivision that is specified in division (G)(2) of this section	5236
or that satisfies both of the following:	5237

(a) The function is not one described in division (C)(1)(a)	5238
or (b) of this section and is not one specified in division (C)(2)	5239
of this section;	5240

(b) The function is one that promotes or preserves the public	5241
peace, health, safety, or welfare and that involves activities	5242
that are customarily engaged in by nongovernmental persons.	5243

(2) A "proprietary function" includes, but is not limited to,	5244
the following:	5245

(a) The operation of a hospital by one or more political	5246
subdivisions;	5247

(b) The design, construction, reconstruction, renovation,	5248
repair, maintenance, and operation of a public cemetery other than	5249
a township cemetery;	5250

(c) The establishment, maintenance, and operation of a	5251
utility, including, but not limited to, a light, gas, power, or	5252
heat plant, a railroad, a busline or other transit company, an	5253
airport, and a municipal corporation water supply system;	5254

(d) The maintenance, destruction, operation, and upkeep of a	5255
sewer system;	5256

(e) The operation and control of a public stadium,	5257
auditorium, civic or social center, exhibition hall, arts and	5258
crafts center, band or orchestra, or off-street parking facility.	5259

(H) "Public roads" means public roads, highways, streets,	5260
avenues, alleys, and bridges within a political subdivision.	5261
"Public roads" does not include berms, shoulders, rights-of-way,	5262
or traffic control devices unless the traffic control devices are	5263
mandated by the Ohio manual of uniform traffic control devices.	5264

(I) "State" means the state of Ohio, including, but not	5265
limited to, the general assembly, the supreme court, the offices	5266
of all elected state officers, and all departments, boards,	5267
offices, commissions, agencies, colleges and universities,	5268
institutions, and other instrumentalities of the state of Ohio.	5269
"State" does not include political subdivisions.	5270

Sec. 2901.13. (A)(1) Except as provided in division (A)(2)	5271
or (3) of this section or as otherwise provided in this section, a	5272
prosecution shall be barred unless it is commenced within the	5273
following periods after an offense is committed:	5274

(a) For a felony, six years;

5275

(b) For a misdemeanor other than a minor misdemeanor, two	5276
years;	5277

5278

(2) There is no period of limitation for the prosecution of a	5279
violation of section 2903.01 or 2903.02 of the Revised Code.	5280

(3) Except as otherwise provided in divisions (B) to (H) of	5281
this section, a prosecution of any of the following offenses shall	5282
be barred unless it is commenced within twenty years after the	5283
offense is committed:	5284

(a) A violation of section 2903.03, 2903.04, 2905.01,	5285
2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02,	5286
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	5287
2911.01, 2911.02, 2911.11, 2911.12, or 2917.02 of the Revised	5288
Code, a violation of section 2903.11 or 2903.12 of the Revised	5289
Code if the victim is a peace officer, a violation of section	5290
2903.13 of the Revised Code that is a felony, or a violation of	5291
former section 2907.12 of the Revised Code;	5292

(b) A conspiracy to commit, attempt to commit, or complicity	5293
in committing a violation set forth in division (A)(3)(a) of this	5294
section.	5295

(B)(1) Except as otherwise provided in division (B)(2) of	5296
this section, if the period of limitation provided in division	5297
(A)(1) or (3) of this section has expired, prosecution shall be	5298
commenced for an offense of which an element is fraud or breach of	5299
a fiduciary duty, within one year after discovery of the offense	5300
either by an aggrieved person, or by the aggrieved person's legal	5301
representative who is not a party to the offense.	5302

(2) If the period of limitation provided in division (A)(1)	5303
or (3) of this section has expired, prosecution for a violation of	5304
section 2913.49 of the Revised Code shall be commenced within five	5305
years after discovery of the offense either by an aggrieved person	5306
or the aggrieved person's legal representative who is not a party	5307
to the offense.	5308

(C)(1) If the period of limitation provided in division	5309
(A)(1) or (3) of this section has expired, prosecution shall be	5310
commenced for the following offenses during the following	5311
specified periods of time:	5312

(a) For an offense involving misconduct in office by a public	5313
servant, at any time while the accused remains a public servant,	5314
or within two years thereafter;	5315

(b) For an offense by a person who is not a public servant	5316
but whose offense is directly related to the misconduct in office	5317
of a public servant, at any time while that public servant remains	5318
a public servant, or within two years thereafter.	5319

(2) As used in this division:

5320

(a) An "offense is directly related to the misconduct in	5321
office of a public servant" includes, but is not limited to, a	5322
violation of section 101.71, 101.91, 121.61 or 2921.13, division	5323
(F) or (H) of section 102.03, division (A) of section 2921.02,	5324
division (A) or (B) of section 2921.43, or division (F) or (G) of	5325
section 3517.13 of the Revised Code, that is directly related to	5326
an offense involving misconduct in office of a public servant.	5327

(b) "Public servant" has the same meaning as in section	5328
2921.01 of the Revised Code.	5329

(D) An offense is committed when every element of the offense	5330
occurs. In the case of an offense of which an element is a	5331
continuing course of conduct, the period of limitation does not	5332
begin to run until such course of conduct or the accused's	5333
accountability for it terminates, whichever occurs first.	5334

(E) A prosecution is commenced on the date an indictment is	5335
returned or an information filed, or on the date a lawful arrest	5336
without a warrant is made, or on the date a warrant, summons,	5337
citation, or other process is issued, whichever occurs first. A	5338
prosecution is not commenced by the return of an indictment or the	5339
filing of an information unless reasonable diligence is exercised	5340
to issue and execute process on the same. A prosecution is not	5341
commenced upon issuance of a warrant, summons, citation, or other	5342
process, unless reasonable diligence is exercised to execute the	5343
same.	5344

(F) The period of limitation shall not run during any time	5345
when the corpus delicti remains undiscovered.	5346

(G) The period of limitation shall not run during any time	5347
when the accused purposely avoids prosecution. Proof that the	5348
accused departed this state or concealed the accused's identity or	5349
whereabouts is prima-facie evidence of the accused's purpose to	5350
avoid prosecution.	5351

(H) The period of limitation shall not run during any time a	5352
prosecution against the accused based on the same conduct is	5353
pending in this state, even though the indictment, information, or	5354
process that commenced the prosecution is quashed or the	5355
proceedings on the indictment, information, or process are set	5356
aside or reversed on appeal.	5357

(I) The period of limitation for a violation of any provision	5358
of Title XXIX of the Revised Code that involves a physical or	5359
mental wound, injury, disability, or condition of a nature that	5360
reasonably indicates abuse or neglect of a child under eighteen	5361
years of age or of a ~~mentally retarded, developmentally disabled,~~	5362
~~or physically impaired~~ child with a developmental disability or	5363
physical impairment under twenty-one years of age shall not begin	5364
to run until either of the following occurs:	5365

(1) The victim of the offense reaches the age of majority.

5366

(2) A public children services agency, or a municipal or	5367
county peace officer that is not the parent or guardian of the	5368
child, in the county in which the child resides or in which the	5369
abuse or neglect is occurring or has occurred has been notified	5370
that abuse or neglect is known, suspected, or believed to have	5371
occurred.	5372

(J) As used in this section, "peace officer" has the same	5373
meaning as in section 2935.01 of the Revised Code.	5374

Sec. 2903.341. (A) As used in this section:

5375

(1) "~~MR/DD~~Developmental disabilities caretaker" means any	5376
~~MR/DD~~developmental disabilities employee or any person who	5377
assumes the duty to provide for the care and protection of a	5378
~~mentally retarded person or a developmentally disabled~~ person with	5379
a developmental disability on a voluntary basis, by contract,	5380
through receipt of payment for care and protection, as a result of	5381
a family relationship, or by order of a court of competent	5382
jurisdiction. "~~MR/DD~~Developmental disabilities caretaker"	5383
includes a person who is an employee of a care facility and a	5384
person who is an employee of an entity under contract with a	5385
provider. "~~MR/DD~~Developmental disabilities caretaker" does not	5386
include a person who owns, operates, or administers a care	5387
facility or who is an agent of a care facility unless that person	5388
also personally provides care to persons with ~~mental retardation~~	5389
or a developmental disability.	5390

(2) "~~Mentally retarded person" and "developmentally disabled~~	5391
~~person~~Person with a developmental disability" ~~have~~has the same	5392
~~meanings~~meaning as in section 5123.01 of the Revised Code.	5393

(3) "~~MR/DD~~Developmental disabilities employee" has the same	5394
meaning as in section 5123.50 of the Revised Code.	5395

(B) No ~~MR/DD~~developmental disabilities caretaker shall	5396
create a substantial risk to the health or safety of a ~~mentally~~	5397
~~retarded person or a developmentally disabled~~ person with a	5398
developmental disability. ~~An MR/DD~~A developmental disabilities	5399
caretaker does not create a substantial risk to the health or	5400
safety of a ~~mentally retarded person or a developmentally disabled~~	5401
person with a developmental disability under this division when	5402
the ~~MR/DD~~developmental disabilities caretaker treats a physical	5403
or mental illness or defect of the ~~mentally retarded person or~~	5404
~~developmentally disabled~~ person with a developmental disability by	5405
spiritual means through prayer alone, in accordance with the	5406
tenets of a recognized religious body.	5407

(C) No person who owns, operates, or administers a care	5408
facility or who is an agent of a care facility shall condone, or	5409
knowingly permit, any conduct by ~~an MR/DD~~a developmental	5410
disabilities caretaker who is employed by or under the control of	5411
the owner, operator, administrator, or agent that is in violation	5412
of division (B) of this section and that involves a ~~mentally~~	5413
~~retarded person or a developmentally disabled~~ person with a	5414
developmental disability who is under the care of the owner,	5415
operator, administrator, or agent. A person who relies upon	5416
treatment by spiritual means through prayer alone, in accordance	5417
with the tenets of a recognized religious denomination, shall not	5418
be considered endangered under this division for that reason	5419
alone.	5420

(D)(1) It is an affirmative defense to a charge of a	5421
violation of division (B) or (C) of this section that the actor's	5422
conduct was committed in good faith solely because the actor was	5423
ordered to commit the conduct by a person to whom one of the	5424
following applies:	5425

(a) The person has supervisory authority over the actor.

5426

(b) The person has authority over the actor's conduct	5427
pursuant to a contract for the provision of services.	5428

(2) It is an affirmative defense to a charge of a violation	5429
of division (C) of this section that the person who owns,	5430
operates, or administers a care facility or who is an agent of a	5431
care facility and who is charged with the violation is following	5432
the individual service plan for the involved ~~mentally retarded~~	5433
~~person or a developmentally disabled~~ person with a developmental	5434
disability or that the admission, discharge, and transfer rule set	5435
forth in the Administrative Code is being followed.	5436

(3) It is an affirmative defense to a charge of a violation	5437
of division (C) of this section that the actor did not have	5438
readily available a means to prevent either the harm to the person	5439
with ~~mental retardation or~~ a developmental disability or the death	5440
of such a person and the actor took reasonable steps to summon	5441
aid.	5442

(E)(1) Except as provided in division (E)(2) or (E)(3) of	5443
this section, whoever violates division (B) or (C) of this section	5444
is guilty of patient endangerment, a misdemeanor of the first	5445
degree.	5446

(2) If the offender previously has been convicted of, or	5447
pleaded guilty to, a violation of this section, patient	5448
endangerment is a felony of the fourth degree.	5449

(3) If the violation results in serious physical harm to the	5450
person with ~~mental retardation or~~ a developmental disability,	5451
patient endangerment is a felony of the third degree.	5452

Sec. 2919.23. (A) No person, knowing the person is without	5453
privilege to do so or being reckless in that regard, shall entice,	5454
take, keep, or harbor a person identified in division (A)(1), (2),	5455
or (3) of this section from the parent, guardian, or custodian of	5456
the person identified in division (A)(1), (2), or (3) of this	5457
section:	5458

(1) A child under the age of eighteen, or a mentally or	5459
physically handicapped child under the age of twenty-one;	5460

(2) A person committed by law to an institution for	5461
delinquent, unruly, neglected, abused, or dependent children;	5462

(3) A person committed by law to an institution for the	5463
mentally ill or ~~mentally retarded~~an institution for persons with	5464
developmental disabilities that are intellectual disabilities.	5465

(B) No person shall aid, abet, induce, cause, or encourage a	5466
child or a ward of the juvenile court who has been committed to	5467
the custody of any person, department, or public or private	5468
institution to leave the custody of that person, department, or	5469
institution without legal consent.	5470

(C) It is an affirmative defense to a charge of enticing or	5471
taking under division (A)(1) of this section, that the actor	5472
reasonably believed that the actor's conduct was necessary to	5473
preserve the child's health or safety. It is an affirmative	5474
defense to a charge of keeping or harboring under division (A) of	5475
this section, that the actor in good faith gave notice to law	5476
enforcement or judicial authorities within a reasonable time after	5477
the child or committed person came under the actor's shelter,	5478
protection, or influence.	5479

(D)(1) Whoever violates this section is guilty of	5480
interference with custody.	5481

(2) Except as otherwise provided in this division, a	5482
violation of division (A)(1) of this section is a misdemeanor of	5483
the first degree. If the child who is the subject of a violation	5484
of division (A)(1) of this section is removed from the state or if	5485
the offender previously has been convicted of an offense under	5486
this section, a violation of division (A)(1) of this section is a	5487
felony of the fifth degree. If the child who is the subject of a	5488
violation of division (A)(1) of this section suffers physical harm	5489
as a result of the violation, a violation of division (A)(1) of	5490
this section is a felony of the fourth degree.	5491

(3) A violation of division (A)(2) or (3) of this section is	5492
a misdemeanor of the third degree.	5493

(4) A violation of division (B) of this section is a	5494
misdemeanor of the first degree. Each day of violation of division	5495
(B) of this section is a separate offense.	5496

Sec. 2929.04. (A) Imposition of the death penalty for	5497
aggravated murder is precluded unless one or more of the following	5498
is specified in the indictment or count in the indictment pursuant	5499
to section 2941.14 of the Revised Code and proved beyond a	5500
reasonable doubt:	5501

(1) The offense was the assassination of the president of the	5502
United States or a person in line of succession to the presidency,	5503
the governor or lieutenant governor of this state, the	5504
president-elect or vice president-elect of the United States, the	5505
governor-elect or lieutenant governor-elect of this state, or a	5506
candidate for any of the offices described in this division. For	5507
purposes of this division, a person is a candidate if the person	5508
has been nominated for election according to law, if the person	5509
has filed a petition or petitions according to law to have the	5510
person's name placed on the ballot in a primary or general	5511
election, or if the person campaigns as a write-in candidate in a	5512
primary or general election.	5513

(2) The offense was committed for hire.

5514

(3) The offense was committed for the purpose of escaping	5515
detection, apprehension, trial, or punishment for another offense	5516
committed by the offender.	5517

(4) The offense was committed while the offender was under	5518
detention or while the offender was at large after having broken	5519
detention. As used in division (A)(4) of this section, "detention"	5520
has the same meaning as in section 2921.01 of the Revised Code,	5521
except that detention does not include hospitalization,	5522
institutionalization, or confinement in a mental health facility	5523
or ~~mental retardation and developmentally disabled~~developmental	5524
disabilities facility unless at the time of the commission of the	5525
offense either of the following circumstances apply:	5526

(a) The offender was in the facility as a result of being	5527
charged with a violation of a section of the Revised Code.	5528

(b) The offender was under detention as a result of being	5529
convicted of or pleading guilty to a violation of a section of the	5530
Revised Code.	5531

(5) Prior to the offense at bar, the offender was convicted	5532
of an offense an essential element of which was the purposeful	5533
killing of or attempt to kill another, or the offense at bar was	5534
part of a course of conduct involving the purposeful killing of or	5535
attempt to kill two or more persons by the offender.	5536

(6) The victim of the offense was a law enforcement officer,	5537
as defined in section 2911.01 of the Revised Code, whom the	5538
offender had reasonable cause to know or knew to be a law	5539
enforcement officer as so defined, and either the victim, at the	5540
time of the commission of the offense, was engaged in the victim's	5541
duties, or it was the offender's specific purpose to kill a law	5542
enforcement officer as so defined.	5543

(7) The offense was committed while the offender was	5544
committing, attempting to commit, or fleeing immediately after	5545
committing or attempting to commit kidnapping, rape, aggravated	5546
arson, aggravated robbery, or aggravated burglary, and either the	5547
offender was the principal offender in the commission of the	5548
aggravated murder or, if not the principal offender, committed the	5549
aggravated murder with prior calculation and design.	5550

(8) The victim of the aggravated murder was a witness to an	5551
offense who was purposely killed to prevent the victim's testimony	5552
in any criminal proceeding and the aggravated murder was not	5553
committed during the commission, attempted commission, or flight	5554
immediately after the commission or attempted commission of the	5555
offense to which the victim was a witness, or the victim of the	5556
aggravated murder was a witness to an offense and was purposely	5557
killed in retaliation for the victim's testimony in any criminal	5558
proceeding.	5559

(9) The offender, in the commission of the offense,	5560
purposefully caused the death of another who was under thirteen	5561
years of age at the time of the commission of the offense, and	5562
either the offender was the principal offender in the commission	5563
of the offense or, if not the principal offender, committed the	5564
offense with prior calculation and design.	5565

(10) The offense was committed while the offender was	5566
committing, attempting to commit, or fleeing immediately after	5567
committing or attempting to commit terrorism.	5568

(B) If one or more of the aggravating circumstances listed in	5569
division (A) of this section is specified in the indictment or	5570
count in the indictment and proved beyond a reasonable doubt, and	5571
if the offender did not raise the matter of age pursuant to	5572
section 2929.023 of the Revised Code or if the offender, after	5573
raising the matter of age, was found at trial to have been	5574
eighteen years of age or older at the time of the commission of	5575
the offense, the court, trial jury, or panel of three judges shall	5576
consider, and weigh against the aggravating circumstances proved	5577
beyond a reasonable doubt, the nature and circumstances of the	5578
offense, the history, character, and background of the offender,	5579
and all of the following factors:	5580

(1) Whether the victim of the offense induced or facilitated	5581
it;	5582

(2) Whether it is unlikely that the offense would have been	5583
committed, but for the fact that the offender was under duress,	5584
coercion, or strong provocation;	5585

(3) Whether, at the time of committing the offense, the	5586
offender, because of a mental disease or defect, lacked	5587
substantial capacity to appreciate the criminality of the	5588
offender's conduct or to conform the offender's conduct to the	5589
requirements of the law;	5590

(4) The youth of the offender;

5591

(5) The offender's lack of a significant history of prior	5592
criminal convictions and delinquency adjudications;	5593

(6) If the offender was a participant in the offense but not	5594
the principal offender, the degree of the offender's participation	5595
in the offense and the degree of the offender's participation in	5596
the acts that led to the death of the victim;	5597

(7) Any other factors that are relevant to the issue of	5598
whether the offender should be sentenced to death.	5599

(C) The defendant shall be given great latitude in the	5600
presentation of evidence of the factors listed in division (B) of	5601
this section and of any other factors in mitigation of the	5602
imposition of the sentence of death.	5603

The existence of any of the mitigating factors listed in	5604
division (B) of this section does not preclude the imposition of a	5605
sentence of death on the offender but shall be weighed pursuant to	5606
divisions (D)(2) and (3) of section 2929.03 of the Revised Code by	5607
the trial court, trial jury, or the panel of three judges against	5608
the aggravating circumstances the offender was found guilty of	5609
committing.	5610

Sec. 2929.06. (A) If a sentence of death imposed upon an	5611
offender is set aside, nullified, or vacated because the court of	5612
appeals, in a case in which a sentence of death was imposed for an	5613
offense committed before January 1, 1995, or the supreme court, in	5614
cases in which the supreme court reviews the sentence upon appeal,	5615
could not affirm the sentence of death under the standards imposed	5616
by section 2929.05 of the Revised Code, is set aside, nullified,	5617
or vacated for the sole reason that the statutory procedure for	5618
imposing the sentence of death that is set forth in sections	5619
2929.03 and 2929.04 of the Revised Code is unconstitutional, is	5620
set aside, nullified, or vacated pursuant to division (C) of	5621
section 2929.05 of the Revised Code, or is set aside, nullified,	5622
or vacated because a court has determined that the offender is	5623
~~mentally retarded~~a person with a developmental disability that is	5624
an intellectual disability under standards set forth in decisions	5625
of the supreme court of this state or the United States supreme	5626
court, the trial court that sentenced the offender shall conduct a	5627
hearing to resentence the offender. At the resentencing hearing,	5628
the court shall impose upon the offender a sentence of life	5629
imprisonment or an indefinite term consisting of a minimum term of	5630
thirty years and a maximum term of life imprisonment that is	5631
determined as specified in this division. If division (D) of	5632
section 2929.03 of the Revised Code, at the time the offender	5633
committed the aggravated murder for which the sentence of death	5634
was imposed, required the imposition when a sentence of death was	5635
not imposed of a sentence of life imprisonment without parole or a	5636
sentence of an indefinite term consisting of a minimum term of	5637
thirty years and a maximum term of life imprisonment to be imposed	5638
pursuant to division (A) or (B)(3) of section 2971.03 of the	5639
Revised Code and served pursuant to that section, the court shall	5640
impose the sentence so required. In all other cases, the sentences	5641
of life imprisonment that are available at the hearing, and from	5642
which the court shall impose sentence, shall be the same sentences	5643
of life imprisonment that were available under division (D) of	5644
section 2929.03 or under section 2909.24 of the Revised Code at	5645
the time the offender committed the offense for which the sentence	5646
of death was imposed. Nothing in this division regarding the	5647
resentencing of an offender shall affect the operation of section	5648
2971.03 of the Revised Code.	5649

(B) Whenever any court of this state or any federal court	5650
sets aside, nullifies, or vacates a sentence of death imposed upon	5651
an offender because of error that occurred in the sentencing phase	5652
of the trial and if division (A) of this section does not apply,	5653
the trial court that sentenced the offender shall conduct a new	5654
hearing to resentence the offender. If the offender was tried by a	5655
jury, the trial court shall impanel a new jury for the hearing. If	5656
the offender was tried by a panel of three judges, that panel or,	5657
if necessary, a new panel of three judges shall conduct the	5658
hearing. At the hearing, the court or panel shall follow the	5659
procedure set forth in division (D) of section 2929.03 of the	5660
Revised Code in determining whether to impose upon the offender a	5661
sentence of death, a sentence of life imprisonment, or an	5662
indefinite term consisting of a minimum term of thirty years and a	5663
maximum term of life imprisonment. If, pursuant to that procedure,	5664
the court or panel determines that it will impose a sentence other	5665
than a sentence of death, the court or panel shall impose upon the	5666
offender one of the sentences of life imprisonment that could have	5667
been imposed at the time the offender committed the offense for	5668
which the sentence of death was imposed, determined as specified	5669
in this division, or an indefinite term consisting of a minimum	5670
term of thirty years and a maximum term of life imprisonment that	5671
is determined as specified in this division. If division (D) of	5672
section 2929.03 of the Revised Code, at the time the offender	5673
committed the aggravated murder for which the sentence of death	5674
was imposed, required the imposition when a sentence of death was	5675
not imposed of a sentence of life imprisonment without parole or a	5676
sentence of an indefinite term consisting of a minimum term of	5677
thirty years and a maximum term of life imprisonment to be imposed	5678
pursuant to division (A) or (B)(3) of section 2971.03 of the	5679
Revised Code and served pursuant to that section, the court or	5680
panel shall impose the sentence so required. In all other cases,	5681
the sentences of life imprisonment that are available at the	5682
hearing, and from which the court or panel shall impose sentence,	5683
shall be the same sentences of life imprisonment that were	5684
available under division (D) of section 2929.03 or under section	5685
2909.24 of the Revised Code at the time the offender committed the	5686
offense for which the sentence of death was imposed.	5687

(C) If a sentence of life imprisonment without parole imposed	5688
upon an offender pursuant to section 2929.021 or 2929.03 of the	5689
Revised Code is set aside, nullified, or vacated for the sole	5690
reason that the statutory procedure for imposing the sentence of	5691
life imprisonment without parole that is set forth in sections	5692
2929.03 and 2929.04 of the Revised Code is unconstitutional, the	5693
trial court that sentenced the offender shall conduct a hearing to	5694
resentence the offender to life imprisonment with parole	5695
eligibility after serving twenty-five full years of imprisonment	5696
or to life imprisonment with parole eligibility after serving	5697
thirty full years of imprisonment.	5698

(D) Nothing in this section limits or restricts the rights of	5699
the state to appeal any order setting aside, nullifying, or	5700
vacating a conviction or sentence of death, when an appeal of that	5701
nature otherwise would be available.	5702

(E) This section, as amended by H.B. 184 of the 125th general	5703
assembly, shall apply to all offenders who have been sentenced to	5704
death for an aggravated murder that was committed on or after	5705
October 19, 1981, or for terrorism that was committed on or after	5706
May 15, 2002. This section, as amended by H.B. 184 of the 125th	5707
general assembly, shall apply equally to all such offenders	5708
sentenced to death prior to, on, or after March 23, 2005,	5709
including offenders who, on March 23, 2005, are challenging their	5710
sentence of death and offenders whose sentence of death has been	5711
set aside, nullified, or vacated by any court of this state or any	5712
federal court but who, as of March 23, 2005, have not yet been	5713
resentenced.	5714

Sec. 2930.061. (A) If a person is charged in a complaint,	5715
indictment, or information with any crime or specified delinquent	5716
act or with any other violation of law, and if the case involves a	5717
victim that the prosecutor in the case knows is a ~~mentally~~	5718
~~retarded person or a developmentally disabled~~ person with a	5719
developmental disability, in addition to any other notices	5720
required under this chapter or under any other provision of law,	5721
the prosecutor in the case shall send written notice of the	5722
charges to the department of developmental disabilities. The	5723
written notice shall specifically identify the person so charged.	5724

(B) As used in this section, "~~mentally retarded person" and~~	5725
~~"developmentally disabled~~ person with a developmental disability"	5726
~~have~~has the same ~~meanings~~meaning as in section 5123.01 of the	5727
Revised Code.	5728

Sec. 2930.16. (A) If a defendant is incarcerated, a victim	5729
in a case who has requested to receive notice under this section	5730
shall be given notice of the incarceration of the defendant. If an	5731
alleged juvenile offender is committed to the temporary custody of	5732
a school, camp, institution, or other facility operated for the	5733
care of delinquent children or to the legal custody of the	5734
department of youth services, a victim in a case who has requested	5735
to receive notice under this section shall be given notice of the	5736
commitment. Promptly after sentence is imposed upon the defendant	5737
or the commitment of the alleged juvenile offender is ordered, the	5738
prosecutor in the case shall notify the victim of the date on	5739
which the defendant will be released from confinement or the	5740
prosecutor's reasonable estimate of that date or the date on which	5741
the alleged juvenile offender will have served the minimum period	5742
of commitment or the prosecutor's reasonable estimate of that	5743
date. The prosecutor also shall notify the victim of the name of	5744
the custodial agency of the defendant or alleged juvenile offender	5745
and tell the victim how to contact that custodial agency. If the	5746
custodial agency is the department of rehabilitation and	5747
correction, the prosecutor shall notify the victim of the services	5748
offered by the office of victims' services pursuant to section	5749
5120.60 of the Revised Code. If the custodial agency is the	5750
department of youth services, the prosecutor shall notify the	5751
victim of the services provided by the office of victims' services	5752
within the release authority of the department pursuant to section	5753
5139.55 of the Revised Code and the victim's right pursuant to	5754
section 5139.56 of the Revised Code to submit a written request to	5755
the release authority to be notified of actions the release	5756
authority takes with respect to the alleged juvenile offender. The	5757
victim shall keep the custodial agency informed of the victim's	5758
current address and telephone number.	5759

(B)(1) Upon the victim's request or in accordance with	5760
division (D) of this section, the prosecutor promptly shall notify	5761
the victim of any hearing for judicial release of the defendant	5762
pursuant to section 2929.20 of the Revised Code, of any hearing	5763
for release of the defendant pursuant to section 2967.19 of the	5764
Revised Code, or of any hearing for judicial release or early	5765
release of the alleged juvenile offender pursuant to section	5766
2151.38 of the Revised Code and of the victim's right to make a	5767
statement under those sections. The court shall notify the victim	5768
of its ruling in each of those hearings and on each of those	5769
applications.	5770

(2) If an offender is sentenced to a prison term pursuant to	5771
division (A)(3) or (B) of section 2971.03 of the Revised Code,	5772
upon the request of the victim of the crime or in accordance with	5773
division (D) of this section, the prosecutor promptly shall notify	5774
the victim of any hearing to be conducted pursuant to section	5775
2971.05 of the Revised Code to determine whether to modify the	5776
requirement that the offender serve the entire prison term in a	5777
state correctional facility in accordance with division (C) of	5778
that section, whether to continue, revise, or revoke any existing	5779
modification of that requirement, or whether to terminate the	5780
prison term in accordance with division (D) of that section. The	5781
court shall notify the victim of any order issued at the	5782
conclusion of the hearing.	5783

(C) Upon the victim's request made at any time before the	5784
particular notice would be due or in accordance with division (D)	5785
of this section, the custodial agency of a defendant or alleged	5786
juvenile offender shall give the victim any of the following	5787
notices that is applicable:	5788

(1) At least sixty days before the adult parole authority	5789
recommends a pardon or commutation of sentence for the defendant	5790
or at least sixty days prior to a hearing before the adult parole	5791
authority regarding a grant of parole to the defendant, notice of	5792
the victim's right to submit a statement regarding the impact of	5793
the defendant's release in accordance with section 2967.12 of the	5794
Revised Code and, if applicable, of the victim's right to appear	5795
at a full board hearing of the parole board to give testimony as	5796
authorized by section 5149.101 of the Revised Code;	5797

(2) At least sixty days before the defendant is transferred	5798
to transitional control under section 2967.26 of the Revised Code,	5799
notice of the pendency of the transfer and of the victim's right	5800
under that section to submit a statement regarding the impact of	5801
the transfer;	5802

(3) At least sixty days before the release authority of the	5803
department of youth services holds a release review, release	5804
hearing, or discharge review for the alleged juvenile offender,	5805
notice of the pendency of the review or hearing, of the victim's	5806
right to make an oral or written statement regarding the impact of	5807
the crime upon the victim or regarding the possible release or	5808
discharge, and, if the notice pertains to a hearing, of the	5809
victim's right to attend and make statements or comments at the	5810
hearing as authorized by section 5139.56 of the Revised Code;	5811

(4) Prompt notice of the defendant's or alleged juvenile	5812
offender's escape from a facility of the custodial agency in which	5813
the defendant was incarcerated or in which the alleged juvenile	5814
offender was placed after commitment, of the defendant's or	5815
alleged juvenile offender's absence without leave from a mental	5816
health or ~~mental retardation and~~ developmental disabilities	5817
facility or from other custody, and of the capture of the	5818
defendant or alleged juvenile offender after an escape or absence;	5819

(5) Notice of the defendant's or alleged juvenile offender's	5820
death while in confinement or custody;	5821

(6) Notice of the filing of a petition by the director of	5822
rehabilitation and correction pursuant to section 2967.19 of the	5823
Revised Code requesting the early release under that section of	5824
the defendant;	5825

(7) Notice of the defendant's or alleged juvenile offender's	5826
release from confinement or custody and the terms and conditions	5827
of the release.	5828

(D)(1) If a defendant is incarcerated for the commission of	5829
aggravated murder, murder, or an offense of violence that is a	5830
felony of the first, second, or third degree or is under a	5831
sentence of life imprisonment or if an alleged juvenile offender	5832
has been charged with the commission of an act that would be	5833
aggravated murder, murder, or an offense of violence that is a	5834
felony of the first, second, or third degree or be subject to a	5835
sentence of life imprisonment if committed by an adult, except as	5836
otherwise provided in this division, the notices described in	5837
divisions (B) and (C) of this section shall be given regardless of	5838
whether the victim has requested the notification. The notices	5839
described in divisions (B) and (C) of this section shall not be	5840
given under this division to a victim if the victim has requested	5841
pursuant to division (B)(2) of section 2930.03 of the Revised Code	5842
that the victim not be provided the notice. Regardless of whether	5843
the victim has requested that the notices described in division	5844
(C) of this section be provided or not be provided, the custodial	5845
agency shall give notice similar to those notices to the	5846
prosecutor in the case, to the sentencing court, to the law	5847
enforcement agency that arrested the defendant or alleged juvenile	5848
offender if any officer of that agency was a victim of the	5849
offense, and to any member of the victim's immediate family who	5850
requests notification. If the notice given under this division to	5851
the victim is based on an offense committed prior to ~~the effective~~	5852
~~date of this amendment~~March 22, 2013, and if the prosecutor or	5853
custodial agency has not previously successfully provided any	5854
notice to the victim under this division or division (B) or (C) of	5855
this section with respect to that offense and the offender who	5856
committed it, the notice also shall inform the victim that the	5857
victim may request that the victim not be provided any further	5858
notices with respect to that offense and the offender who	5859
committed it and shall describe the procedure for making that	5860
request. If the notice given under this division to the victim	5861
pertains to a hearing regarding a grant of a parole to the	5862
defendant, the notice also shall inform the victim that the	5863
victim, a member of the victim's immediate family, or the victim's	5864
representative may request a victim conference, as described in	5865
division (E) of this section, and shall provide an explanation of	5866
a victim conference.	5867

The prosecutor or custodial agency may give the notices to	5868
which this division applies by any reasonable means, including	5869
regular mail, telephone, and electronic mail. If the prosecutor or	5870
custodial agency attempts to provide notice to a victim under this	5871
division but the attempt is unsuccessful because the prosecutor or	5872
custodial agency is unable to locate the victim, is unable to	5873
provide the notice by its chosen method because it cannot	5874
determine the mailing address, telephone number, or electronic	5875
mail address at which to provide the notice, or, if the notice is	5876
sent by mail, the notice is returned, the prosecutor or custodial	5877
agency shall make another attempt to provide the notice to the	5878
victim. If the second attempt is unsuccessful, the prosecutor or	5879
custodial agency shall make at least one more attempt to provide	5880
the notice. If the notice is based on an offense committed prior	5881
to ~~the effective date of this amendment~~March 22, 2013, in each	5882
attempt to provide the notice to the victim, the notice shall	5883
include the opt-out information described in the preceding	5884
paragraph. The prosecutor or custodial agency, in accordance with	5885
division (D)(2) of this section, shall keep a record of all	5886
attempts to provide the notice, and of all notices provided, under	5887
this division.	5888

Division (D)(1) of this section, and the notice-related	5889
provisions of divisions (E)(2) and (K) of section 2929.20,	5890
division (H) of section 2967.12, division (E)(1)(b) of section	5891
2967.19, division (A)(3)(b) of section 2967.26, division (D)(1) of	5892
section 2967.28, and division (A)(2) of section 5149.101 of the	5893
Revised Code enacted in the act in which division (D)(1) of this	5894
section was enacted, shall be known as "Roberta's Law."	5895

(2) Each prosecutor and custodial agency that attempts to	5896
give any notice to which division (D)(1) of this section applies	5897
shall keep a record of all attempts to give the notice. The record	5898
shall indicate the person who was to be the recipient of the	5899
notice, the date on which the attempt was made, the manner in	5900
which the attempt was made, and the person who made the attempt.	5901
If the attempt is successful and the notice is given, the record	5902
shall indicate that fact. The record shall be kept in a manner	5903
that allows public inspection of attempts and notices given to	5904
persons other than victims without revealing the names, addresses,	5905
or other identifying information relating to victims. The record	5906
of attempts and notices given to victims is not a public record,	5907
but the prosecutor or custodial agency shall provide upon request	5908
a copy of that record to a prosecuting attorney, judge, law	5909
enforcement agency, or member of the general assembly. The record	5910
of attempts and notices given to persons other than victims is a	5911
public record. A record kept under this division may be indexed by	5912
offender name, or in any other manner determined by the prosecutor	5913
or the custodial agency. Each prosecutor or custodial agency that	5914
is required to keep a record under this division shall determine	5915
the procedures for keeping the record and the manner in which it	5916
is to be kept, subject to the requirements of this division.	5917

(E) The adult parole authority shall adopt rules under	5918
Chapter 119. of the Revised Code providing for a victim	5919
conference, upon request of the victim, a member of the victim's	5920
immediate family, or the victim's representative, prior to a	5921
parole hearing in the case of a prisoner who is incarcerated for	5922
the commission of aggravated murder, murder, or an offense of	5923
violence that is a felony of the first, second, or third degree or	5924
is under a sentence of life imprisonment. The rules shall provide	5925
for, but not be limited to, all of the following:	5926

(1) Subject to division (E)(3) of this section, attendance by	5927
the victim, members of the victim's immediate family, the victim's	5928
representative, and, if practicable, other individuals;	5929

(2) Allotment of up to one hour for the conference;

5930

(3) A specification of the number of persons specified in	5931
division (E)(1) of this section who may be present at any single	5932
victim conference, if limited by the department pursuant to	5933
division (F) of this section.	5934

(F) The department may limit the number of persons specified	5935
in division (E)(1) of this section who may be present at any	5936
single victim conference, provided that the department shall not	5937
limit the number of persons who may be present at any single	5938
conference to fewer than three. If the department limits the	5939
number of persons who may be present at any single victim	5940
conference, the department shall permit and schedule, upon request	5941
of the victim, a member of the victim's immediate family, or the	5942
victim's representative, multiple victim conferences for the	5943
persons specified in division (E)(1) of this section.	5944

(G) As used in this section, "victim's immediate family" has	5945
the same meaning as in section 2967.12 of the Revised Code.	5946

Sec. 2945.37. (A) As used in sections 2945.37 to 2945.402 of	5947
the Revised Code:	5948

(1) "Prosecutor" means a prosecuting attorney or a city	5949
director of law, village solicitor, or similar chief legal officer	5950
of a municipal corporation who has authority to prosecute a	5951
criminal case that is before the court or the criminal case in	5952
which a defendant in a criminal case has been found incompetent to	5953
stand trial or not guilty by reason of insanity.	5954

(2) "Examiner" means either of the following:

5955

(a) A psychiatrist or a licensed clinical psychologist who	5956
satisfies the criteria of division (I) of section 5122.01 of the	5957
Revised Code or is employed by a certified forensic center	5958
designated by the department of mental health and addiction	5959
services to conduct examinations or evaluations.	5960

(b) For purposes of a separate ~~mental retardation~~	5961
intellectual disability evaluation that is ordered by a court	5962
pursuant to division (H) of section 2945.371 of the Revised Code,	5963
a psychologist designated by the director of developmental	5964
disabilities pursuant to that section to conduct that separate	5965
~~mental retardation~~intellectual disability evaluation.	5966

(3) "Nonsecured status" means any unsupervised, off-grounds	5967
movement or trial visit from a hospital or institution, or any	5968
conditional release, that is granted to a person who is found	5969
incompetent to stand trial and is committed pursuant to section	5970
2945.39 of the Revised Code or to a person who is found not guilty	5971
by reason of insanity and is committed pursuant to section 2945.40	5972
of the Revised Code.	5973

(4) "Unsupervised, off-grounds movement" includes only	5974
off-grounds privileges that are unsupervised and that have an	5975
expectation of return to the hospital or institution on a daily	5976
basis.	5977

(5) "Trial visit" means a patient privilege of a longer	5978
stated duration of unsupervised community contact with an	5979
expectation of return to the hospital or institution at designated	5980
times.	5981

(6) "Conditional release" means a commitment status under	5982
which the trial court at any time may revoke a person's	5983
conditional release and order the rehospitalization or	5984
reinstitutionalization of the person as described in division (A)	5985
of section 2945.402 of the Revised Code and pursuant to which a	5986
person who is found incompetent to stand trial or a person who is	5987
found not guilty by reason of insanity lives and receives	5988
treatment in the community for a period of time that does not	5989
exceed the maximum prison term or term of imprisonment that the	5990
person could have received for the offense in question had the	5991
person been convicted of the offense instead of being found	5992
incompetent to stand trial on the charge of the offense or being	5993
found not guilty by reason of insanity relative to the offense.	5994

(7) "Licensed clinical psychologist," "mentally ill person	5995
subject to hospitalization by court order," and "psychiatrist"	5996
have the same meanings as in section 5122.01 of the Revised Code.	5997

(8) "~~Mentally retarded person~~Person with an intellectual	5998
disability subject to institutionalization by court order" has the	5999
same meaning as in section 5123.01 of the Revised Code.	6000

(B) In a criminal action in a court of common pleas, a county	6001
court, or a municipal court, the court, prosecutor, or defense may	6002
raise the issue of the defendant's competence to stand trial. If	6003
the issue is raised before the trial has commenced, the court	6004
shall hold a hearing on the issue as provided in this section. If	6005
the issue is raised after the trial has commenced, the court shall	6006
hold a hearing on the issue only for good cause shown or on the	6007
court's own motion.	6008

(C) The court shall conduct the hearing required or	6009
authorized under division (B) of this section within thirty days	6010
after the issue is raised, unless the defendant has been referred	6011
for evaluation in which case the court shall conduct the hearing	6012
within ten days after the filing of the report of the evaluation	6013
or, in the case of a defendant who is ordered by the court	6014
pursuant to division (H) of section 2945.371 of the Revised Code	6015
to undergo a separate ~~mental retardation~~intellectual disability	6016
evaluation conducted by a psychologist designated by the director	6017
of developmental disabilities, within ten days after the filing of	6018
the report of the separate ~~mental retardation~~intellectual	6019
disability evaluation under that division. A hearing may be	6020
continued for good cause.	6021

(D) The defendant shall be represented by counsel at the	6022
hearing conducted under division (C) of this section. If the	6023
defendant is unable to obtain counsel, the court shall appoint	6024
counsel under Chapter 120. of the Revised Code or under the	6025
authority recognized in division (C) of section 120.06, division	6026
(E) of section 120.16, division (E) of section 120.26, or section	6027
2941.51 of the Revised Code before proceeding with the hearing.	6028

(E) The prosecutor and defense counsel may submit evidence on	6029
the issue of the defendant's competence to stand trial. A written	6030
report of the evaluation of the defendant may be admitted into	6031
evidence at the hearing by stipulation, but, if either the	6032
prosecution or defense objects to its admission, the report may be	6033
admitted under sections 2317.36 to 2317.38 of the Revised Code or	6034
any other applicable statute or rule.	6035

(F) The court shall not find a defendant incompetent to stand	6036
trial solely because the defendant is receiving or has received	6037
treatment as a voluntary or involuntary mentally ill patient under	6038
Chapter 5122. or a voluntary or involuntary ~~mentally retarded~~	6039
resident with a developmental disability that is an intellectual	6040
disability under Chapter 5123. of the Revised Code or because the	6041
defendant is receiving or has received psychotropic drugs or other	6042
medication, even if the defendant might become incompetent to	6043
stand trial without the drugs or medication.	6044

(G) A defendant is presumed to be competent to stand trial.	6045
If, after a hearing, the court finds by a preponderance of the	6046
evidence that, because of the defendant's present mental	6047
condition, the defendant is incapable of understanding the nature	6048
and objective of the proceedings against the defendant or of	6049
assisting in the defendant's defense, the court shall find the	6050
defendant incompetent to stand trial and shall enter an order	6051
authorized by section 2945.38 of the Revised Code.	6052

(H) Municipal courts shall follow the procedures set forth in	6053
sections 2945.37 to 2945.402 of the Revised Code. Except as	6054
provided in section 2945.371 of the Revised Code, a municipal	6055
court shall not order an evaluation of the defendant's competence	6056
to stand trial or the defendant's mental condition at the time of	6057
the commission of the offense to be conducted at any hospital	6058
operated by the department of mental health and addiction	6059
services. Those evaluations shall be performed through community	6060
resources including, but not limited to, certified forensic	6061
centers, court probation departments, and community mental health	6062
services providers. All expenses of the evaluations shall be borne	6063
by the legislative authority of the municipal court, as defined in	6064
section 1901.03 of the Revised Code, and shall be taxed as costs	6065
in the case. If a defendant is found incompetent to stand trial or	6066
not guilty by reason of insanity, a municipal court may commit the	6067
defendant as provided in sections 2945.38 to 2945.402 of the	6068
Revised Code.	6069

Sec. 2945.371. (A) If the issue of a defendant's competence	6070
to stand trial is raised or if a defendant enters a plea of not	6071
guilty by reason of insanity, the court may order one or more	6072
evaluations of the defendant's present mental condition or, in the	6073
case of a plea of not guilty by reason of insanity, of the	6074
defendant's mental condition at the time of the offense charged.	6075
An examiner shall conduct the evaluation.	6076

(B) If the court orders more than one evaluation under	6077
division (A) of this section, the prosecutor and the defendant may	6078
recommend to the court an examiner whom each prefers to perform	6079
one of the evaluations. If a defendant enters a plea of not guilty	6080
by reason of insanity and if the court does not designate an	6081
examiner recommended by the defendant, the court shall inform the	6082
defendant that the defendant may have independent expert	6083
evaluation and that, if the defendant is unable to obtain	6084
independent expert evaluation, it will be obtained for the	6085
defendant at public expense if the defendant is indigent.	6086

(C) If the court orders an evaluation under division (A) of	6087
this section, the defendant shall be available at the times and	6088
places established by the examiners who are to conduct the	6089
evaluation. The court may order a defendant who has been released	6090
on bail or recognizance to submit to an evaluation under this	6091
section. If a defendant who has been released on bail or	6092
recognizance refuses to submit to a complete evaluation, the court	6093
may amend the conditions of bail or recognizance and order the	6094
sheriff to take the defendant into custody and deliver the	6095
defendant to a center, program, or facility operated or certified	6096
by the department of mental health and addiction services or the	6097
department of developmental disabilities where the defendant may	6098
be held for evaluation for a reasonable period of time not to	6099
exceed twenty days.	6100

(D) A defendant who has not been released on bail or	6101
recognizance may be evaluated at the defendant's place of	6102
detention. Upon the request of the examiner, the court may order	6103
the sheriff to transport the defendant to a program or facility	6104
operated or certified by the department of mental health and	6105
addiction services or the department of developmental	6106
disabilities, where the defendant may be held for evaluation for a	6107
reasonable period of time not to exceed twenty days, and to return	6108
the defendant to the place of detention after the evaluation. A	6109
municipal court may make an order under this division only upon	6110
the request of a certified forensic center examiner.	6111

(E) If a court orders the evaluation to determine a	6112
defendant's mental condition at the time of the offense charged,	6113
the court shall inform the examiner of the offense with which the	6114
defendant is charged.	6115

(F) In conducting an evaluation of a defendant's mental	6116
condition at the time of the offense charged, the examiner shall	6117
consider all relevant evidence. If the offense charged involves	6118
the use of force against another person, the relevant evidence to	6119
be considered includes, but is not limited to, any evidence that	6120
the defendant suffered, at the time of the commission of the	6121
offense, from the "battered woman syndrome."	6122

(G) The examiner shall file a written report with the court	6123
within thirty days after entry of a court order for evaluation,	6124
and the court shall provide copies of the report to the prosecutor	6125
and defense counsel. The report shall include all of the	6126
following:	6127

(1) The examiner's findings;

6128

(2) The facts in reasonable detail on which the findings are	6129
based;	6130

(3) If the evaluation was ordered to determine the	6131
defendant's competence to stand trial, all of the following	6132
findings or recommendations that are applicable:	6133

(a) Whether the defendant is capable of understanding the	6134
nature and objective of the proceedings against the defendant or	6135
of assisting in the defendant's defense;	6136

(b) If the examiner's opinion is that the defendant is	6137
incapable of understanding the nature and objective of the	6138
proceedings against the defendant or of assisting in the	6139
defendant's defense, whether the defendant presently is mentally	6140
ill or ~~mentally retarded~~has a developmental disability that is an	6141
intellectual disability and, if the examiner's opinion is that the	6142
defendant presently ~~is mentally retarded~~has a developmental	6143
disability that is an intellectual disability, whether the	6144
defendant appears to be a ~~mentally retarded~~ person with an	6145
intellectual disability subject to institutionalization by court	6146
order;	6147

(c) If the examiner's opinion is that the defendant is	6148
incapable of understanding the nature and objective of the	6149
proceedings against the defendant or of assisting in the	6150
defendant's defense, the examiner's opinion as to the likelihood	6151
of the defendant becoming capable of understanding the nature and	6152
objective of the proceedings against the defendant and of	6153
assisting in the defendant's defense within one year if the	6154
defendant is provided with a course of treatment;	6155

(d) If the examiner's opinion is that the defendant is	6156
incapable of understanding the nature and objective of the	6157
proceedings against the defendant or of assisting in the	6158
defendant's defense and that the defendant presently is mentally	6159
ill or ~~mentally retarded~~has a developmental disability that is an	6160
intellectual disability, the examiner's recommendation as to the	6161
least restrictive placement or commitment alternative, consistent	6162
with the defendant's treatment needs for restoration to competency	6163
and with the safety of the community.	6164

(4) If the evaluation was ordered to determine the	6165
defendant's mental condition at the time of the offense charged,	6166
the examiner's findings as to whether the defendant, at the time	6167
of the offense charged, did not know, as a result of a severe	6168
mental disease or defect, the wrongfulness of the defendant's acts	6169
charged.	6170

(H) If the examiner's report filed under division (G) of this	6171
section indicates that in the examiner's opinion the defendant is	6172
incapable of understanding the nature and objective of the	6173
proceedings against the defendant or of assisting in the	6174
defendant's defense and that in the examiner's opinion the	6175
defendant appears to be a ~~mentally retarded~~ person with an	6176
intellectual disability subject to institutionalization by court	6177
order, the court shall order the defendant to undergo a separate	6178
~~mental retardation~~intellectual disability evaluation conducted by	6179
a psychologist designated by the director of developmental	6180
disabilities. Divisions (C) to (F) of this section apply in	6181
relation to a separate ~~mental retardation~~intellectual disability	6182
evaluation conducted under this division. The psychologist	6183
appointed under this division to conduct the separate ~~mental~~	6184
~~retardation~~intellectual disability evaluation shall file a	6185
written report with the court within thirty days after the entry	6186
of the court order requiring the separate ~~mental retardation~~	6187
intellectual disability evaluation, and the court shall provide	6188
copies of the report to the prosecutor and defense counsel. The	6189
report shall include all of the information described in divisions	6190
(G)(1) to (4) of this section. If the court orders a separate	6191
~~mental retardation~~intellectual disability evaluation of a	6192
defendant under this division, the court shall not conduct a	6193
hearing under divisions (B) to (H) of section 2945.37 of the	6194
Revised Code regarding that defendant until a report of the	6195
separate ~~mental retardation~~intellectual disability evaluation	6196
conducted under this division has been filed. Upon the filing of	6197
that report, the court shall conduct the hearing within the period	6198
of time specified in division (C) of section 2945.37 of the	6199
Revised Code.	6200

(I) An examiner appointed under divisions (A) and (B) of this	6201
section or under division (H) of this section to evaluate a	6202
defendant to determine the defendant's competence to stand trial	6203
also may be appointed to evaluate a defendant who has entered a	6204
plea of not guilty by reason of insanity, but an examiner of that	6205
nature shall prepare separate reports on the issue of competence	6206
to stand trial and the defense of not guilty by reason of	6207
insanity.	6208

(J) No statement that a defendant makes in an evaluation or	6209
hearing under divisions (A) to (H) of this section relating to the	6210
defendant's competence to stand trial or to the defendant's mental	6211
condition at the time of the offense charged shall be used against	6212
the defendant on the issue of guilt in any criminal action or	6213
proceeding, but, in a criminal action or proceeding, the	6214
prosecutor or defense counsel may call as a witness any person who	6215
evaluated the defendant or prepared a report pursuant to a	6216
referral under this section. Neither the appointment nor the	6217
testimony of an examiner appointed under this section precludes	6218
the prosecutor or defense counsel from calling other witnesses or	6219
presenting other evidence on competency or insanity issues.	6220

(K) Persons appointed as examiners under divisions (A) and	6221
(B) of this section or under division (H) of this section shall be	6222
paid a reasonable amount for their services and expenses, as	6223
certified by the court. The certified amount shall be paid by the	6224
county in the case of county courts and courts of common pleas and	6225
by the legislative authority, as defined in section 1901.03 of the	6226
Revised Code, in the case of municipal courts.	6227

Sec. 2945.38. (A) If the issue of a defendant's competence	6228
to stand trial is raised and if the court, upon conducting the	6229
hearing provided for in section 2945.37 of the Revised Code, finds	6230
that the defendant is competent to stand trial, the defendant	6231
shall be proceeded against as provided by law. If the court finds	6232
the defendant competent to stand trial and the defendant is	6233
receiving psychotropic drugs or other medication, the court may	6234
authorize the continued administration of the drugs or medication	6235
or other appropriate treatment in order to maintain the	6236
defendant's competence to stand trial, unless the defendant's	6237
attending physician advises the court against continuation of the	6238
drugs, other medication, or treatment.	6239

(B)(1)(a) If, after taking into consideration all relevant	6240
reports, information, and other evidence, the court finds that the	6241
defendant is incompetent to stand trial and that there is a	6242
substantial probability that the defendant will become competent	6243
to stand trial within one year if the defendant is provided with a	6244
course of treatment, the court shall order the defendant to	6245
undergo treatment. If the defendant has been charged with a felony	6246
offense and if, after taking into consideration all relevant	6247
reports, information, and other evidence, the court finds that the	6248
defendant is incompetent to stand trial, but the court is unable	6249
at that time to determine whether there is a substantial	6250
probability that the defendant will become competent to stand	6251
trial within one year if the defendant is provided with a course	6252
of treatment, the court shall order continuing evaluation and	6253
treatment of the defendant for a period not to exceed four months	6254
to determine whether there is a substantial probability that the	6255
defendant will become competent to stand trial within one year if	6256
the defendant is provided with a course of treatment.	6257

(b) The court order for the defendant to undergo treatment or	6258
continuing evaluation and treatment under division (B)(1)(a) of	6259
this section shall specify that the defendant, if determined to	6260
require mental health treatment or continuing evaluation and	6261
treatment, either shall be committed to the department of mental	6262
health and addiction services for treatment or continuing	6263
evaluation and treatment at a hospital, facility, or agency, as	6264
determined to be clinically appropriate by the department of	6265
mental health and addiction services or shall be committed to a	6266
facility certified by the department of mental health and	6267
addiction services as being qualified to treat mental illness, to	6268
a public or community mental health facility, or to a psychiatrist	6269
or another mental health professional for treatment or continuing	6270
evaluation and treatment. Prior to placing the defendant, the	6271
department of mental health and addiction services shall obtain	6272
court approval for that placement following a hearing. The court	6273
order for the defendant to undergo treatment or continuing	6274
evaluation and treatment under division (B)(1)(a) of this section	6275
shall specify that the defendant, if determined to require	6276
treatment or continuing evaluation and treatment for ~~mental~~	6277
~~retardation~~an intellectual disability, shall receive treatment or	6278
continuing evaluation and treatment at an institution or facility	6279
operated by the department of developmental disabilities, at a	6280
facility certified by the department of developmental disabilities	6281
as being qualified to treat ~~mental retardation~~intellectual	6282
disabilities, at a public or private ~~mental retardation~~	6283
developmental disabilities facility, or by a psychiatrist or	6284
another ~~mental retardation~~intellectual disabilities professional.	6285
In any case, the order may restrict the defendant's freedom of	6286
movement as the court considers necessary. The prosecutor in the	6287
defendant's case shall send to the chief clinical officer of the	6288
hospital, facility, or agency where the defendant is placed by the	6289
department of mental health and addiction services, or to the	6290
managing officer of the institution, the director of the program	6291
or facility, or the person to which the defendant is committed,	6292
copies of relevant police reports and other background information	6293
that pertains to the defendant and is available to the prosecutor	6294
unless the prosecutor determines that the release of any of the	6295
information in the police reports or any of the other background	6296
information to unauthorized persons would interfere with the	6297
effective prosecution of any person or would create a substantial	6298
risk of harm to any person.	6299

In determining the place of commitment, the court shall	6300
consider the extent to which the person is a danger to the person	6301
and to others, the need for security, and the type of crime	6302
involved and shall order the least restrictive alternative	6303
available that is consistent with public safety and treatment	6304
goals. In weighing these factors, the court shall give preference	6305
to protecting public safety.	6306

(c) If the defendant is found incompetent to stand trial, if	6307
the chief clinical officer of the hospital, facility, or agency	6308
where the defendant is placed, or the managing officer of the	6309
institution, the director of the program or facility, or the	6310
person to which the defendant is committed for treatment or	6311
continuing evaluation and treatment under division (B)(1)(b) of	6312
this section determines that medication is necessary to restore	6313
the defendant's competency to stand trial, and if the defendant	6314
lacks the capacity to give informed consent or refuses medication,	6315
the chief clinical officer of the hospital, facility, or agency	6316
where the defendant is placed, or the managing officer of the	6317
institution, the director of the program or facility, or the	6318
person to which the defendant is committed for treatment or	6319
continuing evaluation and treatment may petition the court for	6320
authorization for the involuntary administration of medication.	6321
The court shall hold a hearing on the petition within five days of	6322
the filing of the petition if the petition was filed in a	6323
municipal court or a county court regarding an incompetent	6324
defendant charged with a misdemeanor or within ten days of the	6325
filing of the petition if the petition was filed in a court of	6326
common pleas regarding an incompetent defendant charged with a	6327
felony offense. Following the hearing, the court may authorize the	6328
involuntary administration of medication or may dismiss the	6329
petition.	6330

(2) If the court finds that the defendant is incompetent to	6331
stand trial and that, even if the defendant is provided with a	6332
course of treatment, there is not a substantial probability that	6333
the defendant will become competent to stand trial within one	6334
year, the court shall order the discharge of the defendant, unless	6335
upon motion of the prosecutor or on its own motion, the court	6336
either seeks to retain jurisdiction over the defendant pursuant to	6337
section 2945.39 of the Revised Code or files an affidavit in the	6338
probate court for the civil commitment of the defendant pursuant	6339
to Chapter 5122. or 5123. of the Revised Code alleging that the	6340
defendant is a mentally ill person subject to hospitalization by	6341
court order or a ~~mentally retarded~~ person with an intellectual	6342
disability subject to institutionalization by court order. If an	6343
affidavit is filed in the probate court, the trial court shall	6344
send to the probate court copies of all written reports of the	6345
defendant's mental condition that were prepared pursuant to	6346
section 2945.371 of the Revised Code.	6347

The trial court may issue the temporary order of detention	6348
that a probate court may issue under section 5122.11 or 5123.71 of	6349
the Revised Code, to remain in effect until the probable cause or	6350
initial hearing in the probate court. Further proceedings in the	6351
probate court are civil proceedings governed by Chapter 5122. or	6352
5123. of the Revised Code.	6353

(C) No defendant shall be required to undergo treatment,	6354
including any continuing evaluation and treatment, under division	6355
(B)(1) of this section for longer than whichever of the following	6356
periods is applicable:	6357

(1) One year, if the most serious offense with which the	6358
defendant is charged is one of the following offenses:	6359

(a) Aggravated murder, murder, or an offense of violence for	6360
which a sentence of death or life imprisonment may be imposed;	6361

(b) An offense of violence that is a felony of the first or	6362
second degree;	6363

(c) A conspiracy to commit, an attempt to commit, or	6364
complicity in the commission of an offense described in division	6365
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	6366
complicity is a felony of the first or second degree.	6367

(2) Six months, if the most serious offense with which the	6368
defendant is charged is a felony other than a felony described in	6369
division (C)(1) of this section;	6370

(3) Sixty days, if the most serious offense with which the	6371
defendant is charged is a misdemeanor of the first or second	6372
degree;	6373

(4) Thirty days, if the most serious offense with which the	6374
defendant is charged is a misdemeanor of the third or fourth	6375
degree, a minor misdemeanor, or an unclassified misdemeanor.	6376

(D) Any defendant who is committed pursuant to this section	6377
shall not voluntarily admit the defendant or be voluntarily	6378
admitted to a hospital or institution pursuant to section 5122.02,	6379
5122.15, 5123.69, or 5123.76 of the Revised Code.	6380

(E) Except as otherwise provided in this division, a	6381
defendant who is charged with an offense and is committed by the	6382
court under this section to the department of mental health and	6383
addiction services or is committed to an institution or facility	6384
for the treatment of ~~mental retardation~~an intellectual disability	6385
shall not be granted unsupervised on-grounds movement, supervised	6386
off-grounds movement, or nonsecured status except in accordance	6387
with the court order. The court may grant a defendant supervised	6388
off-grounds movement to obtain medical treatment or specialized	6389
habilitation treatment services if the person who supervises the	6390
treatment or the continuing evaluation and treatment of the	6391
defendant ordered under division (B)(1)(a) of this section informs	6392
the court that the treatment or continuing evaluation and	6393
treatment cannot be provided at the hospital or facility where the	6394
defendant is placed by the department of mental health and	6395
addiction services or the institution or facility to which the	6396
defendant is committed. The chief clinical officer of the hospital	6397
or facility where the defendant is placed by the department of	6398
mental health and addiction services or the managing officer of	6399
the institution or director of the facility to which the defendant	6400
is committed, or a designee of any of those persons, may grant a	6401
defendant movement to a medical facility for an emergency medical	6402
situation with appropriate supervision to ensure the safety of the	6403
defendant, staff, and community during that emergency medical	6404
situation. The chief clinical officer of the hospital or facility	6405
where the defendant is placed by the department of mental health	6406
and addiction services or the managing officer of the institution	6407
or director of the facility to which the defendant is committed	6408
shall notify the court within twenty-four hours of the defendant's	6409
movement to the medical facility for an emergency medical	6410
situation under this division.	6411

(F) The person who supervises the treatment or continuing	6412
evaluation and treatment of a defendant ordered to undergo	6413
treatment or continuing evaluation and treatment under division	6414
(B)(1)(a) of this section shall file a written report with the	6415
court at the following times:	6416

(1) Whenever the person believes the defendant is capable of	6417
understanding the nature and objective of the proceedings against	6418
the defendant and of assisting in the defendant's defense;	6419

(2) For a felony offense, fourteen days before expiration of	6420
the maximum time for treatment as specified in division (C) of	6421
this section and fourteen days before the expiration of the	6422
maximum time for continuing evaluation and treatment as specified	6423
in division (B)(1)(a) of this section, and, for a misdemeanor	6424
offense, ten days before the expiration of the maximum time for	6425
treatment, as specified in division (C) of this section;	6426

(3) At a minimum, after each six months of treatment;

6427

(4) Whenever the person who supervises the treatment or	6428
continuing evaluation and treatment of a defendant ordered under	6429
division (B)(1)(a) of this section believes that there is not a	6430
substantial probability that the defendant will become capable of	6431
understanding the nature and objective of the proceedings against	6432
the defendant or of assisting in the defendant's defense even if	6433
the defendant is provided with a course of treatment.	6434

(G) A report under division (F) of this section shall contain	6435
the examiner's findings, the facts in reasonable detail on which	6436
the findings are based, and the examiner's opinion as to the	6437
defendant's capability of understanding the nature and objective	6438
of the proceedings against the defendant and of assisting in the	6439
defendant's defense. If, in the examiner's opinion, the defendant	6440
remains incapable of understanding the nature and objective of the	6441
proceedings against the defendant and of assisting in the	6442
defendant's defense and there is a substantial probability that	6443
the defendant will become capable of understanding the nature and	6444
objective of the proceedings against the defendant and of	6445
assisting in the defendant's defense if the defendant is provided	6446
with a course of treatment, if in the examiner's opinion the	6447
defendant remains mentally ill or ~~mentally retarded~~continues to	6448
have a developmental disability that is an intellectual	6449
disability, and if the maximum time for treatment as specified in	6450
division (C) of this section has not expired, the report also	6451
shall contain the examiner's recommendation as to the least	6452
restrictive placement or commitment alternative that is consistent	6453
with the defendant's treatment needs for restoration to competency	6454
and with the safety of the community. The court shall provide	6455
copies of the report to the prosecutor and defense counsel.	6456

(H) If a defendant is committed pursuant to division (B)(1)	6457
of this section, within ten days after the treating physician of	6458
the defendant or the examiner of the defendant who is employed or	6459
retained by the treating facility advises that there is not a	6460
substantial probability that the defendant will become capable of	6461
understanding the nature and objective of the proceedings against	6462
the defendant or of assisting in the defendant's defense even if	6463
the defendant is provided with a course of treatment, within ten	6464
days after the expiration of the maximum time for treatment as	6465
specified in division (C) of this section, within ten days after	6466
the expiration of the maximum time for continuing evaluation and	6467
treatment as specified in division (B)(1)(a) of this section,	6468
within thirty days after a defendant's request for a hearing that	6469
is made after six months of treatment, or within thirty days after	6470
being advised by the treating physician or examiner that the	6471
defendant is competent to stand trial, whichever is the earliest,	6472
the court shall conduct another hearing to determine if the	6473
defendant is competent to stand trial and shall do whichever of	6474
the following is applicable:	6475

(1) If the court finds that the defendant is competent to	6476
stand trial, the defendant shall be proceeded against as provided	6477
by law.	6478

(2) If the court finds that the defendant is incompetent to	6479
stand trial, but that there is a substantial probability that the	6480
defendant will become competent to stand trial if the defendant is	6481
provided with a course of treatment, and the maximum time for	6482
treatment as specified in division (C) of this section has not	6483
expired, the court, after consideration of the examiner's	6484
recommendation, shall order that treatment be continued, may	6485
change the facility or program at which the treatment is to be	6486
continued, and shall specify whether the treatment is to be	6487
continued at the same or a different facility or program.	6488

(3) If the court finds that the defendant is incompetent to	6489
stand trial, if the defendant is charged with an offense listed in	6490
division (C)(1) of this section, and if the court finds that there	6491
is not a substantial probability that the defendant will become	6492
competent to stand trial even if the defendant is provided with a	6493
course of treatment, or if the maximum time for treatment relative	6494
to that offense as specified in division (C) of this section has	6495
expired, further proceedings shall be as provided in sections	6496
2945.39, 2945.401, and 2945.402 of the Revised Code.	6497

(4) If the court finds that the defendant is incompetent to	6498
stand trial, if the most serious offense with which the defendant	6499
is charged is a misdemeanor or a felony other than a felony listed	6500
in division (C)(1) of this section, and if the court finds that	6501
there is not a substantial probability that the defendant will	6502
become competent to stand trial even if the defendant is provided	6503
with a course of treatment, or if the maximum time for treatment	6504
relative to that offense as specified in division (C) of this	6505
section has expired, the court shall dismiss the indictment,	6506
information, or complaint against the defendant. A dismissal under	6507
this division is not a bar to further prosecution based on the	6508
same conduct. The court shall discharge the defendant unless the	6509
court or prosecutor files an affidavit in probate court for civil	6510
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	6511
If an affidavit for civil commitment is filed, the court may	6512
detain the defendant for ten days pending civil commitment. All of	6513
the following provisions apply to persons charged with a	6514
misdemeanor or a felony other than a felony listed in division	6515
(C)(1) of this section who are committed by the probate court	6516
subsequent to the court's or prosecutor's filing of an affidavit	6517
for civil commitment under authority of this division:	6518

(a) The chief clinical officer of the entity, hospital, or	6519
facility, the managing officer of the institution, the director of	6520
the program, or the person to which the defendant is committed or	6521
admitted shall do all of the following:	6522

(i) Notify the prosecutor, in writing, of the discharge of	6523
the defendant, send the notice at least ten days prior to the	6524
discharge unless the discharge is by the probate court, and state	6525
in the notice the date on which the defendant will be discharged;	6526

(ii) Notify the prosecutor, in writing, when the defendant is	6527
absent without leave or is granted unsupervised, off-grounds	6528
movement, and send this notice promptly after the discovery of the	6529
absence without leave or prior to the granting of the	6530
unsupervised, off-grounds movement, whichever is applicable;	6531

(iii) Notify the prosecutor, in writing, of the change of the	6532
defendant's commitment or admission to voluntary status, send the	6533
notice promptly upon learning of the change to voluntary status,	6534
and state in the notice the date on which the defendant was	6535
committed or admitted on a voluntary status.	6536

(b) Upon receiving notice that the defendant will be granted	6537
unsupervised, off-grounds movement, the prosecutor either shall	6538
re-indict the defendant or promptly notify the court that the	6539
prosecutor does not intend to prosecute the charges against the	6540
defendant.	6541

(I) If a defendant is convicted of a crime and sentenced to a	6542
jail or workhouse, the defendant's sentence shall be reduced by	6543
the total number of days the defendant is confined for evaluation	6544
to determine the defendant's competence to stand trial or	6545
treatment under this section and sections 2945.37 and 2945.371 of	6546
the Revised Code or by the total number of days the defendant is	6547
confined for evaluation to determine the defendant's mental	6548
condition at the time of the offense charged.	6549

Sec. 2945.39. (A) If a defendant who is charged with an	6550
offense described in division (C)(1) of section 2945.38 of the	6551
Revised Code is found incompetent to stand trial, after the	6552
expiration of the maximum time for treatment as specified in	6553
division (C) of that section or after the court finds that there	6554
is not a substantial probability that the defendant will become	6555
competent to stand trial even if the defendant is provided with a	6556
course of treatment, one of the following applies:	6557

(1) The court or the prosecutor may file an affidavit in	6558
probate court for civil commitment of the defendant in the manner	6559
provided in Chapter 5122. or 5123. of the Revised Code. If the	6560
court or prosecutor files an affidavit for civil commitment, the	6561
court may detain the defendant for ten days pending civil	6562
commitment. If the probate court commits the defendant subsequent	6563
to the court's or prosecutor's filing of an affidavit for civil	6564
commitment, the chief clinical officer of the entity, hospital, or	6565
facility, the managing officer of the institution, the director of	6566
the program, or the person to which the defendant is committed or	6567
admitted shall send to the prosecutor the notices described in	6568
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised	6569
Code within the periods of time and under the circumstances	6570
specified in those divisions.	6571

(2) On the motion of the prosecutor or on its own motion, the	6572
court may retain jurisdiction over the defendant if, at a hearing,	6573
the court finds both of the following by clear and convincing	6574
evidence:	6575

(a) The defendant committed the offense with which the	6576
defendant is charged.	6577

(b) The defendant is a mentally ill person subject to	6578
hospitalization by court order or a ~~mentally retarded~~ person with	6579
an intellectual disability subject to institutionalization by	6580
court order.	6581

(B) In making its determination under division (A)(2) of this	6582
section as to whether to retain jurisdiction over the defendant,	6583
the court may consider all relevant evidence, including, but not	6584
limited to, any relevant psychiatric, psychological, or medical	6585
testimony or reports, the acts constituting the offense charged,	6586
and any history of the defendant that is relevant to the	6587
defendant's ability to conform to the law.	6588

(C) If the court conducts a hearing as described in division	6589
(A)(2) of this section and if the court does not make both	6590
findings described in divisions (A)(2)(a) and (b) of this section	6591
by clear and convincing evidence, the court shall dismiss the	6592
indictment, information, or complaint against the defendant. Upon	6593
the dismissal, the court shall discharge the defendant unless the	6594
court or prosecutor files an affidavit in probate court for civil	6595
commitment of the defendant pursuant to Chapter 5122. or 5123. of	6596
the Revised Code. If the court or prosecutor files an affidavit	6597
for civil commitment, the court may order that the defendant be	6598
detained for up to ten days pending the civil commitment. If the	6599
probate court commits the defendant subsequent to the court's or	6600
prosecutor's filing of an affidavit for civil commitment, the	6601
chief clinical officer of the entity, hospital, or facility, the	6602
managing officer of the institution, the director of the program,	6603
or the person to which the defendant is committed or admitted	6604
shall send to the prosecutor the notices described in divisions	6605
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code	6606
within the periods of time and under the circumstances specified	6607
in those divisions. A dismissal of charges under this division is	6608
not a bar to further criminal proceedings based on the same	6609
conduct.	6610

(D)(1) If the court conducts a hearing as described in	6611
division (A)(2) of this section and if the court makes the	6612
findings described in divisions (A)(2)(a) and (b) of this section	6613
by clear and convincing evidence, the court shall commit the	6614
defendant, if determined to require mental health treatment,	6615
either to the department of mental health and addiction services	6616
for treatment at a hospital, facility, or agency as determined	6617
clinically appropriate by the department of mental health and	6618
addiction services or to another medical or psychiatric facility,	6619
as appropriate. Prior to placing the defendant, the department of	6620
mental health and addiction services shall obtain court approval	6621
for that placement. If the court conducts such a hearing and if it	6622
makes those findings by clear and convincing evidence, the court	6623
shall commit the defendant, if determined to require treatment for	6624
~~mental retardation~~an intellectual disability, to a facility	6625
operated by the department of developmental disabilities, or	6626
another facility, as appropriate. In determining the place of	6627
commitment, the court shall consider the extent to which the	6628
person is a danger to the person and to others, the need for	6629
security, and the type of crime involved and shall order the least	6630
restrictive alternative available that is consistent with public	6631
safety and the welfare of the defendant. In weighing these	6632
factors, the court shall give preference to protecting public	6633
safety.	6634

(2) If a court makes a commitment of a defendant under	6635
division (D)(1) of this section, the prosecutor shall send to the	6636
hospital, facility, or agency where the defendant is placed by the	6637
department of mental health and addiction services or to the	6638
defendant's place of commitment all reports of the defendant's	6639
current mental condition and, except as otherwise provided in this	6640
division, any other relevant information, including, but not	6641
limited to, a transcript of the hearing held pursuant to division	6642
(A)(2) of this section, copies of relevant police reports, and	6643
copies of any prior arrest and conviction records that pertain to	6644
the defendant and that the prosecutor possesses. The prosecutor	6645
shall send the reports of the defendant's current mental condition	6646
in every case of commitment, and, unless the prosecutor determines	6647
that the release of any of the other relevant information to	6648
unauthorized persons would interfere with the effective	6649
prosecution of any person or would create a substantial risk of	6650
harm to any person, the prosecutor also shall send the other	6651
relevant information. Upon admission of a defendant committed	6652
under division (D)(1) of this section, the place of commitment	6653
shall send to the board of alcohol, drug addiction, and mental	6654
health services or the community mental health board serving the	6655
county in which the charges against the defendant were filed a	6656
copy of all reports of the defendant's current mental condition	6657
and a copy of the other relevant information provided by the	6658
prosecutor under this division, including, if provided, a	6659
transcript of the hearing held pursuant to division (A)(2) of this	6660
section, the relevant police reports, and the prior arrest and	6661
conviction records that pertain to the defendant and that the	6662
prosecutor possesses.	6663

(3) If a court makes a commitment under division (D)(1) of	6664
this section, all further proceedings shall be in accordance with	6665
sections 2945.401 and 2945.402 of the Revised Code.	6666

Sec. 2945.40. (A) If a person is found not guilty by reason	6667
of insanity, the verdict shall state that finding, and the trial	6668
court shall conduct a full hearing to determine whether the person	6669
is a mentally ill person subject to hospitalization by court order	6670
or a ~~mentally retarded~~ person with an intellectual disability	6671
subject to institutionalization by court order. Prior to the	6672
hearing, if the trial judge believes that there is probable cause	6673
that the person found not guilty by reason of insanity is a	6674
mentally ill person subject to hospitalization by court order or	6675
~~mentally retarded~~a person with an intellectual disability subject	6676
to institutionalization by court order, the trial judge may issue	6677
a temporary order of detention for that person to remain in effect	6678
for ten court days or until the hearing, whichever occurs first.	6679

Any person detained pursuant to a temporary order of	6680
detention issued under this division shall be held in a suitable	6681
facility, taking into consideration the place and type of	6682
confinement prior to and during trial.	6683

(B) The court shall hold the hearing under division (A) of	6684
this section to determine whether the person found not guilty by	6685
reason of insanity is a mentally ill person subject to	6686
hospitalization by court order or a ~~mentally retarded~~ person with	6687
an intellectual disability subject to institutionalization by	6688
court order within ten court days after the finding of not guilty	6689
by reason of insanity. Failure to conduct the hearing within the	6690
ten-day period shall cause the immediate discharge of the	6691
respondent, unless the judge grants a continuance for not longer	6692
than ten court days for good cause shown or for any period of time	6693
upon motion of the respondent.	6694

(C) If a person is found not guilty by reason of insanity,	6695
the person has the right to attend all hearings conducted pursuant	6696
to sections 2945.37 to 2945.402 of the Revised Code. At any	6697
hearing conducted pursuant to one of those sections, the court	6698
shall inform the person that the person has all of the following	6699
rights:	6700

(1) The right to be represented by counsel and to have that	6701
counsel provided at public expense if the person is indigent, with	6702
the counsel to be appointed by the court under Chapter 120. of the	6703
Revised Code or under the authority recognized in division (C) of	6704
section 120.06, division (E) of section 120.16, division (E) of	6705
section 120.26, or section 2941.51 of the Revised Code;	6706

(2) The right to have independent expert evaluation and to	6707
have that independent expert evaluation provided at public expense	6708
if the person is indigent;	6709

(3) The right to subpoena witnesses and documents, to present	6710
evidence on the person's behalf, and to cross-examine witnesses	6711
against the person;	6712

(4) The right to testify in the person's own behalf and to	6713
not be compelled to testify;	6714

(5) The right to have copies of any relevant medical or	6715
mental health document in the custody of the state or of any place	6716
of commitment other than a document for which the court finds that	6717
the release to the person of information contained in the document	6718
would create a substantial risk of harm to any person.	6719

(D) The hearing under division (A) of this section shall be	6720
open to the public, and the court shall conduct the hearing in	6721
accordance with the Rules of Civil Procedure. The court shall make	6722
and maintain a full transcript and record of the hearing	6723
proceedings. The court may consider all relevant evidence,	6724
including, but not limited to, any relevant psychiatric,	6725
psychological, or medical testimony or reports, the acts	6726
constituting the offense in relation to which the person was found	6727
not guilty by reason of insanity, and any history of the person	6728
that is relevant to the person's ability to conform to the law.	6729

(E) Upon completion of the hearing under division (A) of this	6730
section, if the court finds there is not clear and convincing	6731
evidence that the person is a mentally ill person subject to	6732
hospitalization by court order or a ~~mentally retarded~~ person with	6733
an intellectual disability subject to institutionalization by	6734
court order, the court shall discharge the person, unless a	6735
detainer has been placed upon the person by the department of	6736
rehabilitation and correction, in which case the person shall be	6737
returned to that department.	6738

(F) If, at the hearing under division (A) of this section,	6739
the court finds by clear and convincing evidence that the person	6740
is a mentally ill person subject to hospitalization by court	6741
order, the court shall commit the person either to the department	6742
of mental health and addiction services for treatment in a	6743
hospital, facility, or agency as determined clinically appropriate	6744
by the department of mental health and addiction services or to	6745
another medical or psychiatric facility, as appropriate. Prior to	6746
placing the defendant, the department of mental health and	6747
addiction services shall obtain court approval for that placement.	6748
If, at the hearing under division (A) of this section, the court	6749
determines by clear and convincing evidence that the person	6750
requires treatment for ~~mental retardation~~an intellectual	6751
disability, it shall commit the person to a facility operated by	6752
the department of developmental disabilities or another facility,	6753
as appropriate. Further proceedings shall be in accordance with	6754
sections 2945.401 and 2945.402 of the Revised Code. In determining	6755
the place of commitment, the court shall consider the extent to	6756
which the person is a danger to the person and to others, the need	6757
for security, and the type of crime involved and shall order the	6758
least restrictive alternative available that is consistent with	6759
public safety and the welfare of the person. In weighing these	6760
factors, the court shall give preference to protecting public	6761
safety.	6762

(G) If a court makes a commitment of a person under division	6763
(F) of this section, the prosecutor shall send to the hospital,	6764
facility, or agency where the person is placed by the department	6765
of mental health and addiction services or to the defendant's	6766
place of commitment all reports of the person's current mental	6767
condition, and, except as otherwise provided in this division, any	6768
other relevant information, including, but not limited to, a	6769
transcript of the hearing held pursuant to division (A) of this	6770
section, copies of relevant police reports, and copies of any	6771
prior arrest and conviction records that pertain to the person and	6772
that the prosecutor possesses. The prosecutor shall send the	6773
reports of the person's current mental condition in every case of	6774
commitment, and, unless the prosecutor determines that the release	6775
of any of the other relevant information to unauthorized persons	6776
would interfere with the effective prosecution of any person or	6777
would create a substantial risk of harm to any person, the	6778
prosecutor also shall send the other relevant information. Upon	6779
admission of a person committed under division (F) of this	6780
section, the place of commitment shall send to the board of	6781
alcohol, drug addiction, and mental health services or the	6782
community mental health board serving the county in which the	6783
charges against the person were filed a copy of all reports of the	6784
person's current mental condition and a copy of the other relevant	6785
information provided by the prosecutor under this division,	6786
including, if provided, a transcript of the hearing held pursuant	6787
to division (A) of this section, the relevant police reports, and	6788
the prior arrest and conviction records that pertain to the person	6789
and that the prosecutor possesses.	6790

(H) A person who is committed pursuant to this section shall	6791
not voluntarily admit the person or be voluntarily admitted to a	6792
hospital or institution pursuant to section 5122.02, 5122.15,	6793
5123.69, or 5123.76 of the Revised Code.	6794

Sec. 2945.401. (A) A defendant found incompetent to stand	6795
trial and committed pursuant to section 2945.39 of the Revised	6796
Code or a person found not guilty by reason of insanity and	6797
committed pursuant to section 2945.40 of the Revised Code shall	6798
remain subject to the jurisdiction of the trial court pursuant to	6799
that commitment, and to the provisions of this section, until the	6800
final termination of the commitment as described in division	6801
(J)(1) of this section. If the jurisdiction is terminated under	6802
this division because of the final termination of the commitment	6803
resulting from the expiration of the maximum prison term or term	6804
of imprisonment described in division (J)(1)(b) of this section,	6805
the court or prosecutor may file an affidavit for the civil	6806
commitment of the defendant or person pursuant to Chapter 5122. or	6807
5123. of the Revised Code.	6808

(B) A hearing conducted under any provision of sections	6809
2945.37 to 2945.402 of the Revised Code shall not be conducted in	6810
accordance with Chapters 5122. and 5123. of the Revised Code. Any	6811
person who is committed pursuant to section 2945.39 or 2945.40 of	6812
the Revised Code shall not voluntarily admit the person or be	6813
voluntarily admitted to a hospital or institution pursuant to	6814
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.	6815
All other provisions of Chapters 5122. and 5123. of the Revised	6816
Code regarding hospitalization or institutionalization shall apply	6817
to the extent they are not in conflict with this chapter. A	6818
commitment under section 2945.39 or 2945.40 of the Revised Code	6819
shall not be terminated and the conditions of the commitment shall	6820
not be changed except as otherwise provided in division (D)(2) of	6821
this section with respect to a ~~mentally retarded~~ person with an	6822
intellectual disability subject to institutionalization by court	6823
order or except by order of the trial court.	6824

(C) The department of mental health and addiction services or	6825
the institution, facility, or program to which a defendant or	6826
person has been committed under section 2945.39 or 2945.40 of the	6827
Revised Code shall report in writing to the trial court, at the	6828
times specified in this division, as to whether the defendant or	6829
person remains a mentally ill person subject to hospitalization by	6830
court order or a ~~mentally retarded~~ person with an intellectual	6831
disability subject to institutionalization by court order and, in	6832
the case of a defendant committed under section 2945.39 of the	6833
Revised Code, as to whether the defendant remains incompetent to	6834
stand trial. The department, institution, facility, or program	6835
shall make the reports after the initial six months of treatment	6836
and every two years after the initial report is made. The trial	6837
court shall provide copies of the reports to the prosecutor and to	6838
the counsel for the defendant or person. Within thirty days after	6839
its receipt pursuant to this division of a report from the	6840
department, institution, facility, or program, the trial court	6841
shall hold a hearing on the continued commitment of the defendant	6842
or person or on any changes in the conditions of the commitment of	6843
the defendant or person. The defendant or person may request a	6844
change in the conditions of confinement, and the trial court shall	6845
conduct a hearing on that request if six months or more have	6846
elapsed since the most recent hearing was conducted under this	6847
section.	6848

(D)(1) Except as otherwise provided in division (D)(2) of	6849
this section, when a defendant or person has been committed under	6850
section 2945.39 or 2945.40 of the Revised Code, at any time after	6851
evaluating the risks to public safety and the welfare of the	6852
defendant or person, the designee of the department of mental	6853
health and addiction services or the managing officer of the	6854
institution or director of the facility or program to which the	6855
defendant or person is committed may recommend a termination of	6856
the defendant's or person's commitment or a change in the	6857
conditions of the defendant's or person's commitment.	6858

Except as otherwise provided in division (D)(2) of this	6859
section, if the designee of the department of mental health and	6860
addiction services recommends on-grounds unsupervised movement,	6861
off-grounds supervised movement, or nonsecured status for the	6862
defendant or person or termination of the defendant's or person's	6863
commitment, the following provisions apply:	6864

(a) If the department's designee recommends on-grounds	6865
unsupervised movement or off-grounds supervised movement, the	6866
department's designee shall file with the trial court an	6867
application for approval of the movement and shall send a copy of	6868
the application to the prosecutor. Within fifteen days after	6869
receiving the application, the prosecutor may request a hearing on	6870
the application and, if a hearing is requested, shall so inform	6871
the department's designee. If the prosecutor does not request a	6872
hearing within the fifteen-day period, the trial court shall	6873
approve the application by entering its order approving the	6874
requested movement or, within five days after the expiration of	6875
the fifteen-day period, shall set a date for a hearing on the	6876
application. If the prosecutor requests a hearing on the	6877
application within the fifteen-day period, the trial court shall	6878
hold a hearing on the application within thirty days after the	6879
hearing is requested. If the trial court, within five days after	6880
the expiration of the fifteen-day period, sets a date for a	6881
hearing on the application, the trial court shall hold the hearing	6882
within thirty days after setting the hearing date. At least	6883
fifteen days before any hearing is held under this division, the	6884
trial court shall give the prosecutor written notice of the date,	6885
time, and place of the hearing. At the conclusion of each hearing	6886
conducted under this division, the trial court either shall	6887
approve or disapprove the application and shall enter its order	6888
accordingly.	6889

(b) If the department's designee recommends termination of	6890
the defendant's or person's commitment at any time or if the	6891
department's designee recommends the first of any nonsecured	6892
status for the defendant or person, the department's designee	6893
shall send written notice of this recommendation to the trial	6894
court and to the local forensic center. The local forensic center	6895
shall evaluate the committed defendant or person and, within	6896
thirty days after its receipt of the written notice, shall submit	6897
to the trial court and the department's designee a written report	6898
of the evaluation. The trial court shall provide a copy of the	6899
department's designee's written notice and of the local forensic	6900
center's written report to the prosecutor and to the counsel for	6901
the defendant or person. Upon the local forensic center's	6902
submission of the report to the trial court and the department's	6903
designee, all of the following apply:	6904

(i) If the forensic center disagrees with the recommendation	6905
of the department's designee, it shall inform the department's	6906
designee and the trial court of its decision and the reasons for	6907
the decision. The department's designee, after consideration of	6908
the forensic center's decision, shall either withdraw, proceed	6909
with, or modify and proceed with the recommendation. If the	6910
department's designee proceeds with, or modifies and proceeds	6911
with, the recommendation, the department's designee shall proceed	6912
in accordance with division (D)(1)(b)(iii) of this section.	6913

(ii) If the forensic center agrees with the recommendation of	6914
the department's designee, it shall inform the department's	6915
designee and the trial court of its decision and the reasons for	6916
the decision, and the department's designee shall proceed in	6917
accordance with division (D)(1)(b)(iii) of this section.	6918

(iii) If the forensic center disagrees with the	6919
recommendation of the department's designee and the department's	6920
designee proceeds with, or modifies and proceeds with, the	6921
recommendation or if the forensic center agrees with the	6922
recommendation of the department's designee, the department's	6923
designee shall work with community mental health services	6924
providers, programs, facilities, or boards of alcohol, drug	6925
addiction, and mental health services or community mental health	6926
boards to develop a plan to implement the recommendation. If the	6927
defendant or person is on medication, the plan shall include, but	6928
shall not be limited to, a system to monitor the defendant's or	6929
person's compliance with the prescribed medication treatment plan.	6930
The system shall include a schedule that clearly states when the	6931
defendant or person shall report for a medication compliance	6932
check. The medication compliance checks shall be based upon the	6933
effective duration of the prescribed medication, taking into	6934
account the route by which it is taken, and shall be scheduled at	6935
intervals sufficiently close together to detect a potential	6936
increase in mental illness symptoms that the medication is	6937
intended to prevent.	6938

The department's designee, after consultation with the board	6939
of alcohol, drug addiction, and mental health services or the	6940
community mental health board serving the area, shall send the	6941
recommendation and plan developed under division (D)(1)(b)(iii) of	6942
this section, in writing, to the trial court, the prosecutor, and	6943
the counsel for the committed defendant or person. The trial court	6944
shall conduct a hearing on the recommendation and plan developed	6945
under division (D)(1)(b)(iii) of this section. Divisions (D)(1)(c)	6946
and (d) and (E) to (J) of this section apply regarding the	6947
hearing.	6948

(c) If the department's designee's recommendation is for	6949
nonsecured status or termination of commitment, the prosecutor may	6950
obtain an independent expert evaluation of the defendant's or	6951
person's mental condition, and the trial court may continue the	6952
hearing on the recommendation for a period of not more than thirty	6953
days to permit time for the evaluation.	6954

The prosecutor may introduce the evaluation report or present	6955
other evidence at the hearing in accordance with the Rules of	6956
Evidence.	6957

(d) The trial court shall schedule the hearing on a	6958
department's designee's recommendation for nonsecured status or	6959
termination of commitment and shall give reasonable notice to the	6960
prosecutor and the counsel for the defendant or person. Unless	6961
continued for independent evaluation at the prosecutor's request	6962
or for other good cause, the hearing shall be held within thirty	6963
days after the trial court's receipt of the recommendation and	6964
plan.	6965

(2)(a) Division (D)(1) of this section does not apply to	6966
on-grounds unsupervised movement of a defendant or person who has	6967
been committed under section 2945.39 or 2945.40 of the Revised	6968
Code, who is a ~~mentally retarded~~ person with an intellectual	6969
disability subject to institutionalization by court order, and who	6970
is being provided residential habilitation, care, and treatment in	6971
a facility operated by the department of developmental	6972
disabilities.	6973

(b) If, pursuant to section 2945.39 of the Revised Code, the	6974
trial court commits a defendant who is found incompetent to stand	6975
trial and who is a ~~mentally retarded~~ person with an intellectual	6976
disability subject to institutionalization by court order, if the	6977
defendant is being provided residential habilitation, care, and	6978
treatment in a facility operated by the department of	6979
developmental disabilities, if an individual who is conducting a	6980
survey for the department of health to determine the facility's	6981
compliance with the certification requirements of the medicaid	6982
program cites the defendant's receipt of the residential	6983
habilitation, care, and treatment in the facility as being	6984
inappropriate under the certification requirements, if the	6985
defendant's receipt of the residential habilitation, care, and	6986
treatment in the facility potentially jeopardizes the facility's	6987
continued receipt of federal medicaid moneys, and if as a result	6988
of the citation the chief clinical officer of the facility	6989
determines that the conditions of the defendant's commitment	6990
should be changed, the department of developmental disabilities	6991
may cause the defendant to be removed from the particular facility	6992
and, after evaluating the risks to public safety and the welfare	6993
of the defendant and after determining whether another type of	6994
placement is consistent with the certification requirements, may	6995
place the defendant in another facility that the department	6996
selects as an appropriate facility for the defendant's continued	6997
receipt of residential habilitation, care, and treatment and that	6998
is a no less secure setting than the facility in which the	6999
defendant had been placed at the time of the citation. Within	7000
three days after the defendant's removal and alternative placement	7001
under the circumstances described in division (D)(2)(b) of this	7002
section, the department of developmental disabilities shall notify	7003
the trial court and the prosecutor in writing of the removal and	7004
alternative placement.	7005

The trial court shall set a date for a hearing on the removal	7006
and alternative placement, and the hearing shall be held within	7007
twenty-one days after the trial court's receipt of the notice from	7008
the department of developmental disabilities. At least ten days	7009
before the hearing is held, the trial court shall give the	7010
prosecutor, the department of developmental disabilities, and the	7011
counsel for the defendant written notice of the date, time, and	7012
place of the hearing. At the hearing, the trial court shall	7013
consider the citation issued by the individual who conducted the	7014
survey for the department of health to be prima-facie evidence of	7015
the fact that the defendant's commitment to the particular	7016
facility was inappropriate under the certification requirements of	7017
the medicaid program and potentially jeopardizes the particular	7018
facility's continued receipt of federal medicaid moneys. At the	7019
conclusion of the hearing, the trial court may approve or	7020
disapprove the defendant's removal and alternative placement. If	7021
the trial court approves the defendant's removal and alternative	7022
placement, the department of developmental disabilities may	7023
continue the defendant's alternative placement. If the trial court	7024
disapproves the defendant's removal and alternative placement, it	7025
shall enter an order modifying the defendant's removal and	7026
alternative placement, but that order shall not require the	7027
department of developmental disabilities to replace the defendant	7028
for purposes of continued residential habilitation, care, and	7029
treatment in the facility associated with the citation issued by	7030
the individual who conducted the survey for the department of	7031
health.	7032

(E) In making a determination under this section regarding	7033
nonsecured status or termination of commitment, the trial court	7034
shall consider all relevant factors, including, but not limited	7035
to, all of the following:	7036

(1) Whether, in the trial court's view, the defendant or	7037
person currently represents a substantial risk of physical harm to	7038
the defendant or person or others;	7039

(2) Psychiatric and medical testimony as to the current	7040
mental and physical condition of the defendant or person;	7041

(3) Whether the defendant or person has insight into the	7042
defendant's or person's condition so that the defendant or person	7043
will continue treatment as prescribed or seek professional	7044
assistance as needed;	7045

(4) The grounds upon which the state relies for the proposed	7046
commitment;	7047

(5) Any past history that is relevant to establish the	7048
defendant's or person's degree of conformity to the laws, rules,	7049
regulations, and values of society;	7050

(6) If there is evidence that the defendant's or person's	7051
mental illness is in a state of remission, the medically suggested	7052
cause and degree of the remission and the probability that the	7053
defendant or person will continue treatment to maintain the	7054
remissive state of the defendant's or person's illness should the	7055
defendant's or person's commitment conditions be altered.	7056

(F) At any hearing held pursuant to division (C) or (D)(1) or	7057
(2) of this section, the defendant or the person shall have all	7058
the rights of a defendant or person at a commitment hearing as	7059
described in section 2945.40 of the Revised Code.	7060

(G) In a hearing held pursuant to division (C) or (D)(1) of	7061
this section, the prosecutor has the burden of proof as follows:	7062

(1) For a recommendation of termination of commitment, to	7063
show by clear and convincing evidence that the defendant or person	7064
remains a mentally ill person subject to hospitalization by court	7065
order or a ~~mentally retarded~~ person with an intellectual	7066
disability subject to institutionalization by court order;	7067

(2) For a recommendation for a change in the conditions of	7068
the commitment to a less restrictive status, to show by clear and	7069
convincing evidence that the proposed change represents a threat	7070
to public safety or a threat to the safety of any person.	7071

(H) In a hearing held pursuant to division (C) or (D)(1) or	7072
(2) of this section, the prosecutor shall represent the state or	7073
the public interest.	7074

(I) At the conclusion of a hearing conducted under division	7075
(D)(1) of this section regarding a recommendation from the	7076
designee of the department of mental health and addiction	7077
services, managing officer of the institution, or director of a	7078
facility or program, the trial court may approve, disapprove, or	7079
modify the recommendation and shall enter an order accordingly.	7080

(J)(1) A defendant or person who has been committed pursuant	7081
to section 2945.39 or 2945.40 of the Revised Code continues to be	7082
under the jurisdiction of the trial court until the final	7083
termination of the commitment. For purposes of division (J) of	7084
this section, the final termination of a commitment occurs upon	7085
the earlier of one of the following:	7086

(a) The defendant or person no longer is a mentally ill	7087
person subject to hospitalization by court order or a ~~mentally~~	7088
~~retarded~~ person with an intellectual disability subject to	7089
institutionalization by court order, as determined by the trial	7090
court;	7091

(b) The expiration of the maximum prison term or term of	7092
imprisonment that the defendant or person could have received if	7093
the defendant or person had been convicted of the most serious	7094
offense with which the defendant or person is charged or in	7095
relation to which the defendant or person was found not guilty by	7096
reason of insanity;	7097

(c) The trial court enters an order terminating the	7098
commitment under the circumstances described in division	7099
(J)(2)(a)(ii) of this section.	7100

(2)(a) If a defendant is found incompetent to stand trial and	7101
committed pursuant to section 2945.39 of the Revised Code, if	7102
neither of the circumstances described in divisions (J)(1)(a) and	7103
(b) of this section applies to that defendant, and if a report	7104
filed with the trial court pursuant to division (C) of this	7105
section indicates that the defendant presently is competent to	7106
stand trial or if, at any other time during the period of the	7107
defendant's commitment, the prosecutor, the counsel for the	7108
defendant, or the designee of the department of mental health and	7109
addiction services or the managing officer of the institution or	7110
director of the facility or program to which the defendant is	7111
committed files an application with the trial court alleging that	7112
the defendant presently is competent to stand trial and requesting	7113
a hearing on the competency issue or the trial court otherwise has	7114
reasonable cause to believe that the defendant presently is	7115
competent to stand trial and determines on its own motion to hold	7116
a hearing on the competency issue, the trial court shall schedule	7117
a hearing on the competency of the defendant to stand trial, shall	7118
give the prosecutor, the counsel for the defendant, and the	7119
department's designee or the managing officer of the institution	7120
or the director of the facility to which the defendant is	7121
committed notice of the date, time, and place of the hearing at	7122
least fifteen days before the hearing, and shall conduct the	7123
hearing within thirty days of the filing of the application or of	7124
its own motion. If, at the conclusion of the hearing, the trial	7125
court determines that the defendant presently is capable of	7126
understanding the nature and objective of the proceedings against	7127
the defendant and of assisting in the defendant's defense, the	7128
trial court shall order that the defendant is competent to stand	7129
trial and shall be proceeded against as provided by law with	7130
respect to the applicable offenses described in division (C)(1) of	7131
section 2945.38 of the Revised Code and shall enter whichever of	7132
the following additional orders is appropriate:	7133

(i) If the trial court determines that the defendant remains	7134
a mentally ill person subject to hospitalization by court order or	7135
a ~~mentally retarded~~ person with an intellectual disability subject	7136
to institutionalization by court order, the trial court shall	7137
order that the defendant's commitment to the department of mental	7138
health and addiction services or to an institution, facility, or	7139
program for the treatment of ~~mental retardation~~an intellectual	7140
disability be continued during the pendency of the trial on the	7141
applicable offenses described in division (C)(1) of section	7142
2945.38 of the Revised Code.	7143

(ii) If the trial court determines that the defendant no	7144
longer is a mentally ill person subject to hospitalization by	7145
court order or a ~~mentally retarded~~ person with an intellectual	7146
disability subject to institutionalization by court order, the	7147
trial court shall order that the defendant's commitment to the	7148
department of mental health and addiction services or to an	7149
institution, facility, or program for the treatment of ~~mental~~	7150
~~retardation~~an intellectual disability shall not be continued	7151
during the pendency of the trial on the applicable offenses	7152
described in division (C)(1) of section 2945.38 of the Revised	7153
Code. This order shall be a final termination of the commitment	7154
for purposes of division (J)(1)(c) of this section.	7155

(b) If, at the conclusion of the hearing described in	7156
division (J)(2)(a) of this section, the trial court determines	7157
that the defendant remains incapable of understanding the nature	7158
and objective of the proceedings against the defendant or of	7159
assisting in the defendant's defense, the trial court shall order	7160
that the defendant continues to be incompetent to stand trial,	7161
that the defendant's commitment to the department of mental health	7162
and addiction services or to an institution, facility, or program	7163
for the treatment of ~~mental retardation~~an intellectual disability	7164
shall be continued, and that the defendant remains subject to the	7165
jurisdiction of the trial court pursuant to that commitment, and	7166
to the provisions of this section, until the final termination of	7167
the commitment as described in division (J)(1) of this section.	7168

Sec. 2945.482. (A) As used in this section:

7169

(1) "~~Mentally retarded person" and "developmentally disabled~~	7170
~~person~~Person with a developmental disability" ~~have~~has the same	7171
~~meanings~~meaning as in section 5123.01 of the Revised Code.	7172

(2) "~~Mentally retarded or developmentally disabled victim~~	7173
Victim with a developmental disability" includes a ~~mentally~~	7174
~~retarded or developmentally disabled~~ person with a developmental	7175
disability who was a victim of a violation identified in division	7176
(B)(1) of this section or an offense of violence or against whom	7177
was directed any conduct that constitutes, or that is an element	7178
of, a violation identified in division (B)(1) of this section or	7179
an offense of violence.	7180

(B)(1) In any proceeding in the prosecution of a charge of a	7181
violation of section 2903.16, 2903.34, 2903.341, 2905.03, 2907.02,	7182
2907.03, 2907.05, 2907.06, 2907.09, 2907.21, 2907.23, 2907.24,	7183
2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code or an	7184
offense of violence and in which an alleged victim of the	7185
violation or offense was a ~~mentally retarded or developmentally~~	7186
~~disabled~~ person with a developmental disability, the judge of the	7187
court in which the prosecution is being conducted, upon motion of	7188
an attorney for the prosecution, shall order that the testimony of	7189
the ~~mentally retarded or developmentally disabled~~ victim with a	7190
developmental disability be taken by deposition. The prosecution	7191
also may request that the deposition be videotaped in accordance	7192
with division (B)(2) of this section. The judge shall notify the	7193
~~mentally retarded or developmentally disabled~~ victim with a	7194
developmental disability whose deposition is to be taken, the	7195
prosecution, and the defense of the date, time, and place for	7196
taking the deposition. The notice shall identify the ~~mentally~~	7197
~~retarded or developmentally disabled~~ victim with a developmental	7198
disability who is to be examined and shall indicate whether a	7199
request that the deposition be videotaped has been made. The	7200
defendant shall have the right to attend the deposition and the	7201
right to be represented by counsel. Depositions shall be taken in	7202
the manner provided in civil cases, except that the judge shall	7203
preside at the taking of the deposition and shall rule at the time	7204
on any objections of the prosecution or the attorney for the	7205
defense. The prosecution and the attorney for the defense shall	7206
have the right, as at trial, to full examination and	7207
cross-examination of the ~~mentally retarded or developmentally~~	7208
~~disabled~~ victim with a developmental disability whose deposition	7209
is to be taken. If a deposition taken under this division is	7210
intended to be offered as evidence in the proceeding, it shall be	7211
filed in the court in which the action is pending and is	7212
admissible in the manner described in division (C) of this	7213
section.	7214

If a deposition of a ~~mentally retarded or developmentally~~	7215
~~disabled~~ victim with a developmental disability taken under this	7216
division is admitted as evidence at the proceeding under division	7217
(C) of this section, the ~~mentally retarded or developmentally~~	7218
~~disabled~~ victim with a developmental disability shall not be	7219
required to testify in person at the proceeding.	7220

At any time before the conclusion of the proceeding, the	7221
attorney for the defense may file a motion with the judge	7222
requesting that another deposition of the ~~mentally retarded or~~	7223
~~developmentally disabled~~ victim with a developmental disability be	7224
taken because new evidence material to the defense has been	7225
discovered that the attorney for the defense could not with	7226
reasonable diligence have discovered prior to the taking of the	7227
admitted deposition. If the court orders the taking of another	7228
deposition under this provision, the deposition shall be taken in	7229
accordance with this division. If the admitted deposition was a	7230
videotaped deposition taken in accordance with division (B)(2) of	7231
this section, the new deposition shall be videotaped in accordance	7232
with that division. In other cases, the new deposition may be	7233
videotaped in accordance with that division.	7234

(2) If the prosecution requests that a deposition to be taken	7235
under division (B)(2) of this section be videotaped, the judge	7236
shall order that the deposition be videotaped in accordance with	7237
this division. If a judge issues an order that the deposition be	7238
videotaped, the judge shall exclude from the room in which the	7239
deposition is to be taken every person except the ~~mentally~~	7240
~~retarded or developmentally disabled~~ victim with a developmental	7241
disability giving the testimony, the judge, one or more	7242
interpreters if needed, the attorneys for the prosecution and the	7243
defense, any person needed to operate the equipment to be used,	7244
one person chosen by the ~~mentally retarded or developmentally~~	7245
~~disabled~~ victim with a developmental disability giving the	7246
deposition, and any person whose presence the judge determines	7247
would contribute to the welfare and well-being of the ~~mentally~~	7248
~~retarded or developmentally disabled~~ victim with a developmental	7249
disability giving the deposition. The person chosen by the	7250
~~mentally retarded or developmentally disabled~~ victim with a	7251
developmental disability shall not be a witness in the proceeding	7252
and, both before and during the deposition, shall not discuss the	7253
testimony of the ~~mentally retarded or developmentally disabled~~	7254
victim with a developmental disability with any other witness in	7255
the proceeding. To the extent feasible, any person operating the	7256
recording equipment shall be restricted to a room adjacent to the	7257
room in which the deposition is being taken, or to a location in	7258
the room in which the deposition is being taken that is behind a	7259
screen or mirror, so that the person operating the recording	7260
equipment can see and hear, but cannot be seen or heard by, the	7261
~~mentally retarded or developmentally disabled~~ victim with a	7262
developmental disability giving the deposition during the	7263
deposition.	7264

The defendant shall be permitted to observe and hear the	7265
testimony of the ~~mentally retarded or developmentally disabled~~	7266
victim with a developmental disability giving the deposition on a	7267
monitor, shall be provided with an electronic means of immediate	7268
communication with the defendant's attorney during the testimony,	7269
and shall be restricted to a location from which the defendant	7270
cannot be seen or heard by the ~~mentally retarded or~~	7271
~~developmentally disabled~~ victim with a developmental disability	7272
giving the deposition, except on a monitor provided for that	7273
purpose. The ~~mentally retarded or developmentally disabled~~ victim	7274
with a developmental disability giving the deposition shall be	7275
provided with a monitor on which the victim can observe, during	7276
the testimony, the defendant. The judge, at the judge's	7277
discretion, may preside at the deposition by electronic means from	7278
outside the room in which the deposition is to be taken. If the	7279
judge presides by electronic means, the judge shall be provided	7280
with monitors on which the judge can see each person in the room	7281
in which the deposition is to be taken and with an electronic	7282
means of communication with each person, and each person in the	7283
room shall be provided with a monitor on which that person can see	7284
the judge and with an electronic means of communication with the	7285
judge. A deposition that is videotaped under this division shall	7286
be taken and filed in the manner described in division (B)(1) of	7287
this section and is admissible in the manner described in this	7288
division and division (C) of this section, and, if a deposition	7289
that is videotaped under this division is admitted as evidence at	7290
the proceeding, the ~~mentally retarded or developmentally disabled~~	7291
victim with a developmental disability shall not be required to	7292
testify in person at the proceeding. No deposition videotaped	7293
under this division shall be admitted as evidence at any	7294
proceeding unless division (C) of this section is satisfied	7295
relative to the deposition and all of the following apply relative	7296
to the recording:	7297

(a) The recording is both aural and visual and is recorded on	7298
film or videotape, or by other electronic means.	7299

(b) The recording is authenticated under the Rules of	7300
Evidence and the Rules of Criminal Procedure as a fair and	7301
accurate representation of what occurred, and the recording is not	7302
altered other than at the direction and under the supervision of	7303
the judge in the proceeding.	7304

(c) Each voice on the recording that is material to the	7305
testimony on the recording or the making of the recording, as	7306
determined by the judge, is identified.	7307

(d) Both the prosecution and the defendant are afforded an	7308
opportunity to view the recording before it is shown in the	7309
proceeding.	7310

(C)(1) At any proceeding in a prosecution in relation to	7311
which a deposition was taken under division (B) of this section,	7312
the deposition or a part of it is admissible in evidence upon	7313
motion of the prosecution if the testimony in the deposition or	7314
the part to be admitted is not excluded by the hearsay rule and if	7315
the deposition or the part to be admitted otherwise is admissible	7316
under the Rules of Evidence. For purposes of this division,	7317
testimony is not excluded by the hearsay rule if the testimony is	7318
not hearsay under Evidence Rule 801; the testimony is within an	7319
exception to the hearsay rule set forth in Evidence Rule 803; the	7320
~~mentally retarded or developmentally disabled~~ victim with a	7321
developmental disability who gave the testimony is unavailable as	7322
a witness, as defined in Evidence Rule 804, and the testimony is	7323
admissible under that rule; or both of the following apply:	7324

(a) The defendant had an opportunity and similar motive at	7325
the time of the taking of the deposition to develop the testimony	7326
by direct, cross, or redirect examination.	7327

(b) The judge determines that there is reasonable cause to	7328
believe that, if the ~~mentally retarded or developmentally disabled~~	7329
victim with a developmental disability who gave the testimony in	7330
the deposition were to testify in person at the proceeding, the	7331
~~mentally retarded or developmentally disabled~~ victim with a	7332
developmental disability would experience serious emotional trauma	7333
as a result of the ~~mentally retarded or developmentally disabled~~	7334
~~victim's~~ participation of the victim with a developmental	7335
disability at the proceeding.	7336

(2) Objections to receiving in evidence a deposition or a	7337
part of it under division (C) of this section shall be made as	7338
provided in civil actions.	7339

(3) The provisions of divisions (B) and (C) of this section	7340
are in addition to any other provisions of the Revised Code, the	7341
Rules of Criminal Procedure, or the Rules of Evidence that pertain	7342
to the taking or admission of depositions in a criminal proceeding	7343
and do not limit the admissibility under any of those other	7344
provisions of any deposition taken under division (B) of this	7345
section or otherwise taken.	7346

(D) In any proceeding in the prosecution of any charge of a	7347
violation listed in division (B)(1) of this section or an offense	7348
of violence and in which an alleged victim of the violation or	7349
offense was a ~~mentally retarded or developmentally disabled~~ person	7350
with a developmental disability, the prosecution may file a motion	7351
with the judge requesting the judge to order the testimony of the	7352
~~mentally retarded or developmentally disabled~~ victim with a	7353
developmental disability to be taken in a room other than the room	7354
in which the proceeding is being conducted and be televised, by	7355
closed circuit equipment, into the room in which the proceeding is	7356
being conducted to be viewed by the jury, if applicable, the	7357
defendant, and any other persons who are not permitted in the room	7358
in which the testimony is to be taken but who would have been	7359
present during the testimony of the ~~mentally retarded or~~	7360
~~developmentally disabled~~ victim with a developmental disability	7361
had it been given in the room in which the proceeding is being	7362
conducted. Except for good cause shown, the prosecution shall file	7363
a motion under this division at least seven days before the date	7364
of the proceeding. The judge may issue the order upon the motion	7365
of the prosecution filed under this section, if the judge	7366
determines that the ~~mentally retarded or developmentally disabled~~	7367
victim with a developmental disability is unavailable to testify	7368
in the room in which the proceeding is being conducted in the	7369
physical presence of the defendant for one or more of the reasons	7370
set forth in division (F) of this section. If a judge issues an	7371
order of that nature, the judge shall exclude from the room in	7372
which the testimony is to be taken every person except a person	7373
described in division (B)(2) of this section. The judge, at the	7374
judge's discretion, may preside during the giving of the testimony	7375
by electronic means from outside the room in which it is being	7376
given, subject to the limitations set forth in division (B)(2) of	7377
this section. To the extent feasible, any person operating the	7378
televising equipment shall be hidden from the sight and hearing of	7379
the ~~mentally retarded or developmentally disabled~~ victim with a	7380
developmental disability giving the testimony, in a manner similar	7381
to that described in division (B)(2) of this section. The	7382
defendant shall be permitted to observe and hear the testimony of	7383
the ~~mentally retarded or developmentally disabled~~ victim with a	7384
developmental disability giving the testimony on a monitor, shall	7385
be provided with an electronic means of immediate communication	7386
with the defendant's attorney during the testimony, and shall be	7387
restricted to a location from which the defendant cannot be seen	7388
or heard by the ~~mentally retarded or developmentally disabled~~	7389
victim with a developmental disability giving the testimony,	7390
except on a monitor provided for that purpose. The ~~mentally~~	7391
~~retarded or developmentally disabled~~ victim with a developmental	7392
disability giving the testimony shall be provided with a monitor	7393
on which the ~~mentally retarded or developmentally disabled~~ victim	7394
with a developmental disability can observe, during the testimony,	7395
the defendant.	7396

(E) In any proceeding in the prosecution of any charge of a	7397
violation listed in division (B)(1) of this section or an offense	7398
of violence and in which an alleged victim of the violation or	7399
offense was a ~~mentally retarded or developmentally disabled~~ victim	7400
with a developmental disability, the prosecution may file a motion	7401
with the judge requesting the judge to order the testimony of the	7402
~~mentally retarded or developmentally disabled~~ victim with a	7403
developmental disability to be taken outside of the room in which	7404
the proceeding is being conducted and be recorded for showing in	7405
the room in which the proceeding is being conducted before the	7406
judge, the jury, if applicable, the defendant, and any other	7407
persons who would have been present during the testimony of the	7408
~~mentally retarded or developmentally disabled~~ victim with a	7409
developmental disability had it been given in the room in which	7410
the proceeding is being conducted. Except for good cause shown,	7411
the prosecution shall file a motion under this division at least	7412
seven days before the date of the proceeding. The judge may issue	7413
the order upon the motion of the prosecution filed under this	7414
division, if the judge determines that the ~~mentally retarded or~~	7415
~~developmentally disabled~~ victim with a developmental disability is	7416
unavailable to testify in the room in which the proceeding is	7417
being conducted in the physical presence of the defendant, for one	7418
or more of the reasons set forth in division (F) of this section.	7419
If a judge issues an order of that nature, the judge shall exclude	7420
from the room in which the testimony is to be taken every person	7421
except a person described in division (B)(2) of this section. To	7422
the extent feasible, any person operating the recording equipment	7423
shall be hidden from the sight and hearing of the ~~mentally~~	7424
~~retarded or developmentally disabled~~ victim with a developmental	7425
disability giving the testimony, in a manner similar to that	7426
described in division (B)(2) of this section. The defendant shall	7427
be permitted to observe and hear the testimony of the ~~mentally~~	7428
~~retarded or developmentally disabled~~ victim with a developmental	7429
disability who is giving the testimony on a monitor, shall be	7430
provided with an electronic means of immediate communication with	7431
the defendant's attorney during the testimony, and shall be	7432
restricted to a location from which the defendant cannot be seen	7433
or heard by the ~~mentally retarded or developmentally disabled~~	7434
victim with a developmental disability giving the testimony,	7435
except on a monitor provided for that purpose. The ~~mentally~~	7436
~~retarded or developmentally disabled~~ victim with a developmental	7437
disability giving the testimony shall be provided with a monitor	7438
on which the victim can observe, during the testimony, the	7439
defendant. No order for the taking of testimony by recording shall	7440
be issued under this division unless the provisions set forth in	7441
divisions (B)(2)(a), (b), (c), and (d) of this section apply to	7442
the recording of the testimony.	7443

(F) For purposes of divisions (D) and (E) of this section, a	7444
judge may order the testimony of a ~~mentally retarded or~~	7445
~~developmentally disabled~~ victim with a developmental disability to	7446
be taken outside the room in which the proceeding is being	7447
conducted if the judge determines that the ~~mentally retarded or~~	7448
~~developmentally disabled~~ victim with a developmental disability is	7449
unavailable to testify in the room in the physical presence of the	7450
defendant due to one or more of the following:	7451

(1) The persistent refusal of the ~~mentally retarded or~~	7452
~~developmentally disabled~~ victim with a developmental disability to	7453
testify despite judicial requests to do so;	7454

(2) The inability of the ~~mentally retarded or developmentally~~	7455
~~disabled~~ victim with a developmental disability to communicate	7456
about the alleged violation or offense because of extreme fear,	7457
failure of memory, or another similar reason;	7458

(3) The substantial likelihood that the ~~mentally retarded or~~	7459
~~developmentally disabled~~ victim with a developmental disability	7460
will suffer serious emotional trauma from so testifying.	7461

(G)(1) If a judge issues an order pursuant to division (D) or	7462
(E) of this section that requires the testimony of a ~~mentally~~	7463
~~retarded or developmentally disabled~~ victim with a developmental	7464
disability in a criminal proceeding to be taken outside of the	7465
room in which the proceeding is being conducted, the order shall	7466
specifically identify the ~~mentally retarded or developmentally~~	7467
~~disabled~~ victim with a developmental disability to whose testimony	7468
it applies, the order applies only during the testimony of the	7469
specified ~~mentally retarded or developmentally disabled~~ victim	7470
with a developmental disability, and the ~~mentally retarded or~~	7471
~~developmentally disabled~~ victim with a developmental disability	7472
giving the testimony shall not be required to testify at the	7473
proceeding other than in accordance with the order.	7474

(2) A judge who makes any determination regarding the	7475
admissibility of a deposition under divisions (B) and (C) of this	7476
section, the videotaping of a deposition under division (B)(2) of	7477
this section, or the taking of testimony outside of the room in	7478
which a proceeding is being conducted under division (D) or (E) of	7479
this section shall enter the determination and findings on the	7480
record in the proceeding.	7481

Sec. 2945.491. (A) As used in this section:

7482

(1) "~~Mentally retarded person" and "developmentally disabled~~	7483
~~person~~Person with a developmental disability" ~~have~~has the same	7484
~~meanings~~meaning as in section 5123.01 of the Revised Code.	7485

(2) "~~Mentally retarded or developmentally disabled victim~~	7486
Victim with a developmental disability" includes a ~~mentally~~	7487
~~retarded or developmentally disabled~~ person with a developmental	7488
disability who was a victim of a felony violation identified in	7489
division (B)(1) of this section or a felony offense of violence or	7490
against whom was directed any conduct that constitutes, or that is	7491
an element of, a felony violation identified in division (B)(1) of	7492
this section or a felony offense of violence.	7493

(B)(1) At a trial on a charge of a felony violation of	7494
section 2903.16, 2903.34, 2903.341, 2907.02, 2907.03, 2907.05,	7495
2907.21, 2907.23, 2907.24, 2907.32, 2907.321, 2907.322, or	7496
2907.323 of the Revised Code or an offense of violence and in	7497
which an alleged victim of the violation or offense was a ~~mentally~~	7498
~~retarded or developmentally disabled~~ person with a developmental	7499
disability, the court, upon motion of the prosecutor in the case,	7500
may admit videotaped preliminary hearing testimony of the ~~mentally~~	7501
~~retarded or developmentally disabled~~ victim with a developmental	7502
disability as evidence at the trial, in lieu of the ~~mentally~~	7503
~~retarded or developmentally disabled~~ victim with a developmental	7504
disability appearing as a witness and testifying at trial, if all	7505
of the following apply:	7506

(a) The videotape of the testimony was made at the	7507
preliminary hearing at which probable cause of the violation	7508
charged was found.	7509

(b) The videotape of the testimony was made in accordance	7510
with division (C) of section 2937.11 of the Revised Code.	7511

(c) The testimony in the videotape is not excluded by the	7512
hearsay rule and otherwise is admissible under the Rules of	7513
Evidence. For purposes of this division, testimony is not excluded	7514
by the hearsay rule if the testimony is not hearsay under Evidence	7515
Rule 801, the testimony is within an exception to the hearsay rule	7516
set forth in Evidence Rule 803, the ~~mentally retarded or~~	7517
~~developmentally disabled~~ victim with a developmental disability	7518
who gave the testimony is unavailable as a witness, as defined in	7519
Evidence Rule 804, and the testimony is admissible under that	7520
rule, or both of the following apply:	7521

(i) The accused had an opportunity and similar motive at the	7522
preliminary hearing to develop the testimony of the ~~mentally~~	7523
~~retarded or developmentally disabled~~ victim with a developmental	7524
disability by direct, cross, or redirect examination.	7525

(ii) The court determines that there is reasonable cause to	7526
believe that if the ~~mentally retarded or developmentally disabled~~	7527
victim with a developmental disability who gave the testimony at	7528
the preliminary hearing were to testify in person at the trial,	7529
the ~~mentally retarded or developmentally disabled~~ victim with a	7530
developmental disability would experience serious emotional trauma	7531
as a result of the victim's participation at the trial.	7532

(2) If a ~~mentally retarded or developmentally disabled~~ victim	7533
with a developmental disability of an alleged felony violation of	7534
section 2903.16, 2903.34, 2903.341, 2907.02, 2907.03, 2907.05,	7535
2907.21, 2907.23, 2907.24, 2907.32, 2907.321, 2907.322, or	7536
2907.323 of the Revised Code or an alleged felony offense of	7537
violence testifies at the preliminary hearing in the case, if the	7538
testimony of the ~~mentally retarded or developmentally disabled~~	7539
victim with a developmental disability at the preliminary hearing	7540
was videotaped pursuant to division (C) of section 2937.11 of the	7541
Revised Code, and if the defendant in the case files a written	7542
objection to the use, pursuant to division (B)(1) of this section,	7543
of the videotaped testimony at the trial, the court, immediately	7544
after the filing of the objection, shall hold a hearing to	7545
determine whether the videotaped testimony of the ~~mentally~~	7546
~~retarded or developmentally disabled~~ victim with a developmental	7547
disability should be admissible at trial under division (B)(1) of	7548
this section and, if it is admissible, whether the ~~mentally~~	7549
~~retarded or developmentally disabled~~ victim with a developmental	7550
disability should be required to provide limited additional	7551
testimony of the type described in this division. At the hearing	7552
held pursuant to this division, the defendant and the prosecutor	7553
in the case may present any evidence that is relevant to the	7554
issues to be determined at the hearing, but the ~~mentally retarded~~	7555
~~or developmentally disabled~~ victim with a developmental disability	7556
shall not be required to testify at the hearing.	7557

After the hearing, the court shall not require the ~~mentally~~	7558
~~retarded or developmentally disabled~~ victim with a developmental	7559
disability to testify at the trial, unless it determines that both	7560
of the following apply:	7561

(a) That the testimony of the ~~mentally retarded or~~	7562
~~developmentally disabled~~ victim with a developmental disability at	7563
trial is necessary for one or more of the following reasons:	7564

(i) Evidence that was not available at the time of the	7565
testimony of the ~~mentally retarded or developmentally disabled~~	7566
victim with a developmental disability at the preliminary hearing	7567
has been discovered.	7568

(ii) The circumstances surrounding the case have changed	7569
sufficiently to necessitate that the ~~mentally retarded or~~	7570
~~developmentally disabled~~ victim with a developmental disability	7571
testify at the trial.	7572

(b) That the testimony of the ~~mentally retarded or~~	7573
~~developmentally disabled~~ victim with a developmental disability at	7574
the trial is necessary to protect the right of the defendant to a	7575
fair trial.	7576

The court shall enter its finding and the reasons for it in	7577
the journal. If the court requires the ~~mentally retarded or~~	7578
~~developmentally disabled~~ victim with a developmental disability to	7579
testify at the trial, the testimony of the victim shall be limited	7580
to the new evidence and changed circumstances, and the ~~mentally~~	7581
~~retarded or developmentally disabled~~ victim with a developmental	7582
disability shall not otherwise be required to testify at the	7583
trial. The required testimony of the ~~mentally retarded or~~	7584
~~developmentally disabled~~ victim with a developmental disability	7585
may be given in person or, upon motion of the prosecution, may be	7586
taken by deposition in accordance with division (B) of section	7587
2945.482 of the Revised Code provided the deposition is admitted	7588
as evidence under division (C) of that section, may be taken	7589
outside of the courtroom and televised into the courtroom in	7590
accordance with division (D) of that section, or may be taken	7591
outside of the courtroom and recorded for showing in the courtroom	7592
in accordance with division (E) of that section.	7593

(3) If videotaped testimony of a ~~mentally retarded or~~	7594
~~developmentally disabled~~ victim with a developmental disability is	7595
admitted at trial in accordance with division (B)(1) of this	7596
section, the ~~mentally retarded or developmentally disabled~~ victim	7597
with a developmental disability shall not be compelled in any way	7598
to appear as a witness at the trial, except as provided in	7599
division (B)(2) of this section.	7600

(C) An order issued pursuant to division (B) of this section	7601
shall specifically identify the ~~mentally retarded or~~	7602
~~developmentally disabled~~ victim with a developmental disability	7603
concerning whose testimony it pertains. The order shall apply only	7604
during the testimony of the ~~mentally retarded or developmentally~~	7605
~~disabled~~ victim with a developmental disability it specifically	7606
identifies.	7607

Sec. 2949.29. (A) The prosecuting attorney, the convict, and	7608
the convict's counsel shall attend an inquiry commenced as	7609
provided in section 2949.28 of the Revised Code. The prosecuting	7610
attorney and the convict or the convict's counsel may produce,	7611
examine, and cross-examine witnesses, and all findings shall be in	7612
writing signed by the judge. If it is found that the convict is	7613
not insane, the sentence shall be executed at the time previously	7614
appointed, unless that time has passed pending completion of the	7615
inquiry, in which case the judge conducting the inquiry, if	7616
authorized by the supreme court, shall appoint a time for	7617
execution of the sentence to be effective fifteen days from the	7618
date of the entry of the judge's findings in the inquiry.	7619

(B) If it is found that the convict is insane and if	7620
authorized by the supreme court, the judge shall continue any stay	7621
of execution of the sentence previously issued, order the convict	7622
to be confined in the area at which other convicts sentenced to	7623
death are confined or in a maximum security medical or psychiatric	7624
facility operated by the department of rehabilitation and	7625
correction, and order treatment of the convict. Thereafter, the	7626
court at any time may conduct and, on motion of the prosecuting	7627
attorney, shall conduct a hearing pursuant to division (A) of this	7628
section to continue the inquiry into the convict's insanity and,	7629
as provided in section 2949.28 of the Revised Code, may appoint	7630
one or more psychiatrists or psychologists to make a further	7631
examination of the convict and to submit a report to the court. If	7632
the court finds at the hearing that the convict is not insane and	7633
if the time previously appointed for execution of the sentence has	7634
not passed, the sentence shall be executed at the previously	7635
appointed time. If the court finds at the hearing that the convict	7636
is not insane and if the time previously appointed for execution	7637
of the sentence has passed, the judge who conducts the hearing, if	7638
authorized by the supreme court, shall appoint a new time for	7639
execution of the sentence to be effective fifteen days from the	7640
date of the entry of the judge's findings in the hearing.	7641

(C) In all proceedings under this section, the convict is	7642
presumed not to be insane, and the court shall find that the	7643
convict is not insane unless the court finds by a preponderance of	7644
the evidence that the convict is insane.	7645

(D) Proceedings for inquiry into the insanity of any convict	7646
sentenced to death shall be exclusively pursuant to this section,	7647
section 2949.28 of the Revised Code, and the Rules of Evidence.	7648
Neither Chapter 5122. or 5123. of the Revised Code nor any other	7649
provision of the Revised Code nor any other rule concerning	7650
mentally ill persons, ~~mentally retarded~~ persons with developmental	7651
disabilities that are intellectual disabilities, or insane persons	7652
applies to any proceeding for inquiry into the insanity of any	7653
convict sentenced to death.	7654

Sec. 2967.22. Whenever it is brought to the attention of the	7655
adult parole authority or a department of probation that a	7656
parolee, person under a community control sanction, person under	7657
transitional control, or releasee appears to be a mentally ill	7658
person subject to hospitalization by court order, as defined in	7659
section 5122.01 of the Revised Code, or a ~~mentally retarded~~ person	7660
with an intellectual disability subject to institutionalization by	7661
court order, as defined in section 5123.01 of the Revised Code,	7662
the parole or probation officer, subject to the approval of the	7663
chief of the adult parole authority, the designee of the chief of	7664
the adult parole authority, or the chief probation officer, may	7665
file an affidavit under section 5122.11 or 5123.71 of the Revised	7666
Code. A parolee, person under a community control sanction, or	7667
releasee who is involuntarily detained under Chapter 5122. or	7668
5123. of the Revised Code shall receive credit against the period	7669
of parole or community control or the term of post-release control	7670
for the period of involuntary detention.	7671

If a parolee, person under a community control sanction,	7672
person under transitional control, or releasee escapes from an	7673
institution or facility within the department of mental health and	7674
addiction services or the department of developmental	7675
disabilities, the superintendent of the institution immediately	7676
shall notify the chief of the adult parole authority or the chief	7677
probation officer. Notwithstanding the provisions of section	7678
5122.26 of the Revised Code, the procedure for the apprehension,	7679
detention, and return of the parolee, person under a community	7680
control sanction, person under transitional control, or releasee	7681
is the same as that provided for the apprehension, detention, and	7682
return of persons who escape from institutions operated by the	7683
department of rehabilitation and correction. If the escaped	7684
parolee, person under transitional control, or releasee is not	7685
apprehended and returned to the custody of the department of	7686
mental health and addiction services or the department of	7687
developmental disabilities within ninety days after the escape,	7688
the parolee, person under transitional control, or releasee shall	7689
be discharged from the custody of the department of mental health	7690
and addiction services or the department of developmental	7691
disabilities and returned to the custody of the department of	7692
rehabilitation and correction. If the escaped person under a	7693
community control sanction is not apprehended and returned to the	7694
custody of the department of mental health and addiction services	7695
or the department of developmental disabilities within ninety days	7696
after the escape, the person under a community control sanction	7697
shall be discharged from the custody of the department of mental	7698
health and addiction services or the department of developmental	7699
disabilities and returned to the custody of the court that	7700
sentenced that person.	7701

Sec. 3107.02. (A) Any minor may be adopted.

7702

(B) An adult may be adopted under any of the following	7703
conditions:	7704

(1) If the adult is totally or permanently disabled;

7705

(2) If the adult is determined to be a ~~mentally retarded~~	7706
person with a developmental disability that is an intellectual	7707
disability;	7708

(3) If the adult had established a child-foster caregiver,	7709
kinship caregiver, or child-stepparent relationship with the	7710
petitioners as a minor, and the adult consents to the adoption;	7711

(4) If the adult was, at the time of the adult's eighteenth	7712
birthday, in the permanent custody of or in a planned permanent	7713
living arrangement with a public children services agency or a	7714
private child placing agency, and the adult consents to the	7715
adoption;	7716

(5) If the adult is the child of the spouse of the	7717
petitioner, and the adult consents to the adoption.	7718

(C) When proceedings to adopt a minor are initiated by the	7719
filing of a petition, and the eighteenth birthday of the minor	7720
occurs prior to the decision of the court, the court shall require	7721
the person who is to be adopted to submit a written statement of	7722
consent or objection to the adoption. If an objection is	7723
submitted, the petition shall be dismissed, and if a consent is	7724
submitted, the court shall proceed with the case, and may issue an	7725
interlocutory order or final decree of adoption.	7726

(D) Any physical examination of the individual to be adopted	7727
as part of or in contemplation of a petition to adopt may be	7728
conducted by any health professional authorized by the Revised	7729
Code to perform physical examinations, including a physician	7730
assistant, a clinical nurse specialist, a certified nurse	7731
practitioner, or a certified nurse-midwife. Any written	7732
documentation of the physical examination shall be completed by	7733
the healthcare professional who conducted the examination.	7734

(E) An adult who consents to an adoption pursuant to division	7735
(B)(4) of this section shall provide the court with the name and	7736
contact information of the public children services agency or	7737
private child placing agency that had permanent custody of or a	7738
planned permanent living arrangement with that adult. The	7739
petitioner shall request verification from the agency as to	7740
whether the adult was or was not in the permanent custody of or in	7741
a planned permanent living arrangement with that agency at the	7742
time of the adult's eighteenth birthday and provide the	7743
verification to the court.	7744

(F) As used in this section:

7745

(1) "Kinship caregiver" has the same meaning as in section	7746
5101.85 of the Revised Code.	7747

(2) ~~"Mentally retarded person" has the same meaning as in~~	7748
~~section 5123.01 of the Revised Code.~~	7749

~~(3)~~ "Permanent custody" and "planned permanent living	7750
arrangement" have the same meanings as in section 2151.011 of the	7751
Revised Code.	7752

(3) "Person with a developmental disability that is an	7753
intellectual disability" has the same meaning as in section	7754
5123.01 of the Revised Code.	7755

Sec. 3301.52. As used in sections 3301.52 to 3301.59 of the	7756
Revised Code:	7757

(A) "Preschool program" means either of the following:

7758

(1) A child care program for preschool children that is	7759
operated by a school district board of education or an eligible	7760
nonpublic school.	7761

(2) A child care program for preschool children age three or	7762
older that is operated by a county DDdevelopmental disabilities	7763
board.	7764

(B) "Preschool child" or "child" means a child who has not	7765
entered kindergarten and is not of compulsory school age.	7766

(C) "Parent, guardian, or custodian" means the person or	7767
government agency that is or will be responsible for a child's	7768
school attendance under section 3321.01 of the Revised Code.	7769

(D) "Superintendent" means the superintendent of a school	7770
district or the chief administrative officer of an eligible	7771
nonpublic school.	7772

(E) "Director" means the director, head teacher, elementary	7773
principal, or site administrator who is the individual on site and	7774
responsible for supervision of a preschool program.	7775

(F) "Preschool staff member" means a preschool employee whose	7776
primary responsibility is care, teaching, or supervision of	7777
preschool children.	7778

(G) "Nonteaching employee" means a preschool program or	7779
school child program employee whose primary responsibilities are	7780
duties other than care, teaching, and supervision of preschool	7781
children or school children.	7782

(H) "Eligible nonpublic school" means a nonpublic school	7783
chartered as described in division (B)(8) of section 5104.02 of	7784
the Revised Code or chartered by the state board of education for	7785
any combination of grades one through twelve, regardless of	7786
whether it also offers kindergarten.	7787

(I) ~~"County DD board" means a county board of developmental~~	7788
~~disabilities.~~	7789

~~(J)~~ "School child program" means a child care program for	7790
only school children that is operated by a school district board	7791
of education, county DDdevelopmental disabilities board, or	7792
eligible nonpublic school.	7793

~~(K)~~(J) "School child" means a child who is enrolled in or is	7794
eligible to be enrolled in a grade of kindergarten or above but is	7795
less than fifteen years old.	7796

~~(L)~~(K) "School child program staff member" means an employee	7797
whose primary responsibility is the care, teaching, or supervision	7798
of children in a school child program.	7799

~~(M)~~(L) "Child care" means administering to the needs of	7800
infants, toddlers, preschool children, and school children outside	7801
of school hours by persons other than their parents or guardians,	7802
custodians, or relatives by blood, marriage, or adoption for any	7803
part of the twenty-four-hour day in a place or residence other	7804
than a child's own home.	7805

~~(N)~~(M) "Child day-care center," "publicly funded child care,"	7806
and "school-age child care center" have the same meanings as in	7807
section 5104.01 of the Revised Code.	7808

Sec. 3301.53. (A) The state board of education, in	7809
consultation with the director of job and family services, shall	7810
formulate and prescribe by rule adopted under Chapter 119. of the	7811
Revised Code minimum standards to be applied to preschool programs	7812
operated by school district boards of education, county DD	7813
developmental disabilities boards, or eligible nonpublic schools.	7814
The rules shall include the following:	7815

(1) Standards ensuring that the preschool program is located	7816
in a safe and convenient facility that accommodates the enrollment	7817
of the program, is of the quality to support the growth and	7818
development of the children according to the program objectives,	7819
and meets the requirements of section 3301.55 of the Revised Code;	7820

(2) Standards ensuring that supervision, discipline, and	7821
programs will be administered according to established objectives	7822
and procedures;	7823

(3) Standards ensuring that preschool staff members and	7824
nonteaching employees are recruited, employed, assigned,	7825
evaluated, and provided inservice education without discrimination	7826
on the basis of age, color, national origin, race, or sex; and	7827
that preschool staff members and nonteaching employees are	7828
assigned responsibilities in accordance with written position	7829
descriptions commensurate with their training and experience;	7830

(4) A requirement that boards of education intending to	7831
establish a preschool program demonstrate a need for a preschool	7832
program prior to establishing the program;	7833

(5) Requirements that children participating in preschool	7834
programs have been immunized to the extent considered appropriate	7835
by the state board to prevent the spread of communicable disease;	7836

(6) Requirements that the parents of preschool children	7837
complete the emergency medical authorization form specified in	7838
section 3313.712 of the Revised Code.	7839

(B) The state board of education in consultation with the	7840
director of job and family services shall ensure that the rules	7841
adopted by the state board under sections 3301.52 to 3301.58 of	7842
the Revised Code are consistent with and meet or exceed the	7843
requirements of Chapter 5104. of the Revised Code with regard to	7844
child day-care centers. The state board and the director of job	7845
and family services shall review all such rules at least once	7846
every five years.	7847

(C) The state board of education, in consultation with the	7848
director of job and family services, shall adopt rules for school	7849
child programs that are consistent with and meet or exceed the	7850
requirements of the rules adopted for school-age child care	7851
centers under Chapter 5104. of the Revised Code.	7852

Sec. 3301.55. (A) A school district, county DDdevelopmental	7853
disabilities board, or eligible nonpublic school operating a	7854
preschool program shall house the program in buildings that meet	7855
the following requirements:	7856

(1) The building is operated by the district, county DD	7857
developmental disabilities board, or eligible nonpublic school and	7858
has been approved by the division of industrial compliance in the	7859
department of commerce or a certified municipal, township, or	7860
county building department for the purpose of operating a program	7861
for preschool children. Any such structure shall be constructed,	7862
equipped, repaired, altered, and maintained in accordance with	7863
applicable provisions of Chapters 3781. and 3791. and with rules	7864
adopted by the board of building standards under Chapter 3781. of	7865
the Revised Code for the safety and sanitation of structures	7866
erected for this purpose.	7867

(2) The building is in compliance with fire and safety laws	7868
and regulations as evidenced by reports of annual school fire and	7869
safety inspections as conducted by appropriate local authorities.	7870

(3) The school is in compliance with rules established by the	7871
state board of education regarding school food services.	7872

(4) The facility includes not less than thirty-five square	7873
feet of indoor space for each child in the program. Safe play	7874
space, including both indoor and outdoor play space, totaling not	7875
less than sixty square feet for each child using the space at any	7876
one time, shall be regularly available and scheduled for use.	7877

(5) First aid facilities and space for temporary placement or	7878
isolation of injured or ill children are provided.	7879

(B) Each school district, county DDdevelopmental	7880
disabilities board, or eligible nonpublic school that operates, or	7881
proposes to operate, a preschool program shall submit a building	7882
plan including all information specified by the state board of	7883
education to the board not later than the first day of September	7884
of the school year in which the program is to be initiated. The	7885
board shall determine whether the buildings meet the requirements	7886
of this section and section 3301.53 of the Revised Code, and	7887
notify the superintendent of its determination. If the board	7888
determines, on the basis of the building plan or any other	7889
information, that the buildings do not meet those requirements, it	7890
shall cause the buildings to be inspected by the department of	7891
education. The department shall make a report to the	7892
superintendent specifying any aspects of the building that are not	7893
in compliance with the requirements of this section and section	7894
3301.53 of the Revised Code and the time period that will be	7895
allowed the district, county DDdevelopmental disabilities board,	7896
or school to meet the requirements.	7897

Sec. 3301.57. (A) For the purpose of improving programs,	7898
facilities, and implementation of the standards promulgated by the	7899
state board of education under section 3301.53 of the Revised	7900
Code, the state department of education shall provide consultation	7901
and technical assistance to school districts, county DD	7902
developmental disabilities boards, and eligible nonpublic schools	7903
operating preschool programs or school child programs, and	7904
inservice training to preschool staff members, school child	7905
program staff members, and nonteaching employees.	7906

(B) The department and the school district board of	7907
education, county DDdevelopmental disabilities board, or eligible	7908
nonpublic school shall jointly monitor each preschool program and	7909
each school child program.	7910

If the program receives any grant or other funding from the	7911
state or federal government, the department annually shall monitor	7912
all reports on attendance, financial support, and expenditures	7913
according to provisions for use of the funds.	7914

(C) The department of education, at least once during every	7915
twelve-month period of operation of a preschool program or a	7916
licensed school child program, shall inspect the program and	7917
provide a written inspection report to the superintendent of the	7918
school district, county DDdevelopmental disabilities board, or	7919
eligible nonpublic school. The department may inspect any program	7920
more than once, as considered necessary by the department, during	7921
any twelve-month period of operation. All inspections may be	7922
unannounced. No person shall interfere with any inspection	7923
conducted pursuant to this division or to the rules adopted	7924
pursuant to sections 3301.52 to 3301.59 of the Revised Code.	7925

Upon receipt of any complaint that a preschool program or a	7926
licensed school child program is out of compliance with the	7927
requirements in sections 3301.52 to 3301.59 of the Revised Code or	7928
the rules adopted under those sections, the department shall	7929
investigate and may inspect the program.	7930

(D) If a preschool program or a licensed school child program	7931
is determined to be out of compliance with the requirements of	7932
sections 3301.52 to 3301.59 of the Revised Code or the rules	7933
adopted under those sections, the department of education shall	7934
notify the appropriate superintendent, county DDdevelopmental	7935
disabilities board, or eligible nonpublic school in writing	7936
regarding the nature of the violation, what must be done to	7937
correct the violation, and by what date the correction must be	7938
made. If the correction is not made by the date established by the	7939
department, it may commence action under Chapter 119. of the	7940
Revised Code to close the program or to revoke the license of the	7941
program. If a program does not comply with an order to cease	7942
operation issued in accordance with Chapter 119. of the Revised	7943
Code, the department shall notify the attorney general, the	7944
prosecuting attorney of the county in which the program is	7945
located, or the city attorney, village solicitor, or other chief	7946
legal officer of the municipal corporation in which the program is	7947
located that the program is operating in violation of sections	7948
3301.52 to 3301.59 of the Revised Code or the rules adopted under	7949
those sections and in violation of an order to cease operation	7950
issued in accordance with Chapter 119. of the Revised Code. Upon	7951
receipt of the notification, the attorney general, prosecuting	7952
attorney, city attorney, village solicitor, or other chief legal	7953
officer shall file a complaint in the court of common pleas of the	7954
county in which the program is located requesting the court to	7955
issue an order enjoining the program from operating. The court	7956
shall grant the requested injunctive relief upon a showing that	7957
the program named in the complaint is operating in violation of	7958
sections 3301.52 to 3301.59 of the Revised Code or the rules	7959
adopted under those sections and in violation of an order to cease	7960
operation issued in accordance with Chapter 119. of the Revised	7961
Code.	7962

(E) The department of education shall prepare an annual	7963
report on inspections conducted under this section. The report	7964
shall include the number of inspections conducted, the number and	7965
types of violations found, and the steps taken to address the	7966
violations. The department shall file the report with the	7967
governor, the president and minority leader of the senate, and the	7968
speaker and minority leader of the house of representatives on or	7969
before the first day of January of each year, beginning in 1999.	7970

Sec. 3301.58. (A) The department of education is responsible	7971
for the licensing of preschool programs and school child programs	7972
and for the enforcement of sections 3301.52 to 3301.59 of the	7973
Revised Code and of any rules adopted under those sections. No	7974
school district board of education, county DDdevelopmental	7975
disabilities board, or eligible nonpublic school shall operate,	7976
establish, manage, conduct, or maintain a preschool program	7977
without a license issued under this section. A school district	7978
board of education, county DDdevelopmental disabilities board, or	7979
eligible nonpublic school may obtain a license under this section	7980
for a school child program. The school district board of	7981
education, county DDdevelopmental disabilities board, or eligible	7982
nonpublic school shall post the license for each preschool program	7983
and licensed school child program it operates, establishes,	7984
manages, conducts, or maintains in a conspicuous place in the	7985
preschool program or licensed school child program that is	7986
accessible to parents, custodians, or guardians and employees and	7987
staff members of the program at all times when the program is in	7988
operation.	7989

(B) Any school district board of education, county DD	7990
developmental disabilities board, or eligible nonpublic school	7991
that desires to operate, establish, manage, conduct, or maintain a	7992
preschool program shall apply to the department of education for a	7993
license on a form that the department shall prescribe by rule. Any	7994
school district board of education, county DDdevelopmental	7995
disabilities board, or eligible nonpublic school that desires to	7996
obtain a license for a school child program shall apply to the	7997
department for a license on a form that the department shall	7998
prescribe by rule. The department shall provide at no charge to	7999
each applicant for a license under this section a copy of the	8000
requirements under sections 3301.52 to 3301.59 of the Revised Code	8001
and any rules adopted under those sections. The department may	8002
establish application fees by rule adopted under Chapter 119. of	8003
the Revised Code, and all applicants for a license shall pay any	8004
fee established by the department at the time of making an	8005
application for a license. All fees collected pursuant to this	8006
section shall be paid into the state treasury to the credit of the	8007
general revenue fund.	8008

(C) Upon the filing of an application for a license, the	8009
department of education shall investigate and inspect the	8010
preschool program or school child program to determine the license	8011
capacity for each age category of children of the program and to	8012
determine whether the program complies with sections 3301.52 to	8013
3301.59 of the Revised Code and any rules adopted under those	8014
sections. When, after investigation and inspection, the department	8015
of education is satisfied that sections 3301.52 to 3301.59 of the	8016
Revised Code and any rules adopted under those sections are	8017
complied with by the applicant, the department of education shall	8018
issue the program a provisional license as soon as practicable in	8019
the form and manner prescribed by the rules of the department. The	8020
provisional license shall be valid for one year from the date of	8021
issuance unless revoked.	8022

(D) The department of education shall investigate and inspect	8023
a preschool program or school child program that has been issued a	8024
provisional license at least once during operation under the	8025
provisional license. If, after the investigation and inspection,	8026
the department of education determines that the requirements of	8027
sections 3301.52 to 3301.59 of the Revised Code and any rules	8028
adopted under those sections are met by the provisional licensee,	8029
the department of education shall issue the program a license. The	8030
license shall remain valid unless revoked or the program ceases	8031
operations.	8032

(E) The department of education annually shall investigate	8033
and inspect each preschool program or school child program	8034
licensed under division (D) of this section to determine if the	8035
requirements of sections 3301.52 to 3301.59 of the Revised Code	8036
and any rules adopted under those sections are met by the program,	8037
and shall notify the program of the results.	8038

(F) The license or provisional license shall state the name	8039
of the school district board of education, county DDdevelopmental	8040
disabilities board, or eligible nonpublic school that operates the	8041
preschool program or school child program and the license capacity	8042
of the program.	8043

(G) The department of education may revoke the license of any	8044
preschool program or school child program that is not in	8045
compliance with the requirements of sections 3301.52 to 3301.59 of	8046
the Revised Code and any rules adopted under those sections.	8047

(H) If the department of education revokes a license, the	8048
department shall not issue a license to the program within two	8049
years from the date of the revocation. All actions of the	8050
department with respect to licensing preschool programs and school	8051
child programs shall be in accordance with Chapter 119. of the	8052
Revised Code.	8053

Sec. 3314.022. The governing authority of any community	8054
school established under this chapter may contract with the	8055
governing authority of another community school, the board of	8056
education of a school district, the governing board of an	8057
educational service center, a county DDdevelopmental disabilities	8058
board, or the administrative authority of a nonpublic school for	8059
provision of services for any disabled student enrolled at the	8060
school. Any school district board of education or educational	8061
service center governing board shall negotiate with a community	8062
school governing authority that seeks to contract for the	8063
provision of services for a disabled student under this section in	8064
the same manner as it would with the board of education of a	8065
school district that seeks to contract for such services.	8066

Sec. 3317.02. As used in this chapter:

8067

(A)(1) "Category one career-technical education ADM" means	8068
the enrollment of students during the school year on a full-time	8069
equivalency basis in career-technical education programs described	8070
in division (A) of section 3317.014 of the Revised Code and	8071
certified under division (B)(11) or (D)(2)(h) of section 3317.03	8072
of the Revised Code.	8073

(2) "Category two career-technical education ADM" means the	8074
enrollment of students during the school year on a full-time	8075
equivalency basis in career-technical education programs described	8076
in division (B) of section 3317.014 of the Revised Code and	8077
certified under division (B)(12) or (D)(2)(i) of section 3317.03	8078
of the Revised Code.	8079

(3) "Category three career-technical education ADM" means the	8080
enrollment of students during the school year on a full-time	8081
equivalency basis in career-technical education programs described	8082
in division (C) of section 3317.014 of the Revised Code and	8083
certified under division (B)(13) or (D)(2)(j) of section 3317.03	8084
of the Revised Code.	8085

(4) "Category four career-technical education ADM" means the	8086
enrollment of students during the school year on a full-time	8087
equivalency basis in career-technical education programs described	8088
in division (D) of section 3317.014 of the Revised Code and	8089
certified under division (B)(14) or (D)(2)(k) of section 3317.03	8090
of the Revised Code.	8091

(5) "Category five career-technical education ADM" means the	8092
enrollment of students during the school year on a full-time	8093
equivalency basis in career-technical education programs described	8094
in division (E) of section 3317.014 of the Revised Code and	8095
certified under division (B)(15) or (D)(2)(l) of section 3317.03	8096
of the Revised Code.	8097

(B)(1) "Category one limited English proficient ADM" means	8098
the full-time equivalent number of limited English proficient	8099
students described in division (A) of section 3317.016 of the	8100
Revised Code and certified under division (B)(16) or (D)(2)(m) of	8101
section 3317.03 of the Revised Code.	8102

(2) "Category two limited English proficient ADM" means the	8103
full-time equivalent number of limited English proficient students	8104
described in division (B) of section 3317.016 of the Revised Code	8105
and certified under division (B)(17) or (D)(2)(n) of section	8106
3317.03 of the Revised Code.	8107

(3) "Category three limited English proficient ADM" means the	8108
full-time equivalent number of limited English proficient students	8109
described in division (C) of section 3317.016 of the Revised Code	8110
and certified under division (B)(18) or (D)(2)(o) of section	8111
3317.03 of the Revised Code.	8112

(C)(1) "Category one special education ADM" means the	8113
full-time equivalent number of children with disabilities	8114
receiving special education services for the disability specified	8115
in division (A) of section 3317.013 of the Revised Code and	8116
certified under division (B)(5) or (D)(2)(b) of section 3317.03 of	8117
the Revised Code.	8118

(2) "Category two special education ADM" means the full-time	8119
equivalent number of children with disabilities receiving special	8120
education services for those disabilities specified in division	8121
(B) of section 3317.013 of the Revised Code and certified under	8122
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	8123
Code.	8124

(3) "Category three special education ADM" means the	8125
full-time equivalent number of students receiving special	8126
education services for those disabilities specified in division	8127
(C) of section 3317.013 of the Revised Code, and certified under	8128
division (B)(7) or (D)(2)(d) of section 3317.03 of the Revised	8129
Code.	8130

(4) "Category four special education ADM" means the full-time	8131
equivalent number of students receiving special education services	8132
for those disabilities specified in division (D) of section	8133
3317.013 of the Revised Code and certified under division (B)(8)	8134
or (D)(2)(e) of section 3317.03 of the Revised Code.	8135

(5) "Category five special education ADM" means the full-time	8136
equivalent number of students receiving special education services	8137
for the disabilities specified in division (E) of section 3317.013	8138
of the Revised Code and certified under division (B)(9) or	8139
(D)(2)(f) of section 3317.03 of the Revised Code.	8140

(6) "Category six special education ADM" means the full-time	8141
equivalent number of students receiving special education services	8142
for the disabilities specified in division (F) of section 3317.013	8143
of the Revised Code and certified under division (B)(10) or	8144
(D)(2)(g) of section 3317.03 of the Revised Code.	8145

(D) ~~"County DD board" means a county board of developmental~~	8146
~~disabilities.~~	8147

~~(E)~~ "Economically disadvantaged index for a school district"	8148
means the square of the quotient of that district's percentage of	8149
students in its total ADM who are identified as economically	8150
disadvantaged as defined by the department of education, divided	8151
by the statewide percentage of students identified as economically	8152
disadvantaged.	8153

~~(F)~~(E)(1) "Formula ADM" means, for a city, local, or exempted	8154
village school district, the enrollment reported under division	8155
(A) of section 3317.03 of the Revised Code, as verified by the	8156
superintendent of public instruction and adjusted if so ordered	8157
under division (K) of that section, and as further adjusted by the	8158
department of education, as follows:	8159

(a) Count only twenty per cent of the number of joint	8160
vocational school district students counted under division (A)(3)	8161
of section 3317.03 of the Revised Code;	8162

(b) Add twenty per cent of the number of students who are	8163
entitled to attend school in the district under section 3313.64 or	8164
3313.65 of the Revised Code and are enrolled in another school	8165
district under a career-technical education compact.	8166

(2) "Formula ADM" means, for a joint vocational school	8167
district, the final number verified by the superintendent of	8168
public instruction, based on the enrollment reported and certified	8169
under division (D) of section 3317.03 of the Revised Code, as	8170
adjusted, if so ordered, under division (K) of that section.	8171

~~(G)~~(F) "Formula amount" means $5,745, for fiscal year 2014,	8172
and $5,800, for fiscal year 2015.	8173

~~(H)~~(G) "FTE basis" means a count of students based on	8174
full-time equivalency, in accordance with rules adopted by the	8175
department of education pursuant to section 3317.03 of the Revised	8176
Code. In adopting its rules under this division, the department	8177
shall provide for counting any student in category one, two,	8178
three, four, five, or six special education ADM or in category	8179
one, two, three, four, or five career technical education ADM in	8180
the same proportion the student is counted in formula ADM.	8181

~~(I)~~(H) "Internet- or computer-based community school" has the	8182
same meaning as in section 3314.02 of the Revised Code.	8183

~~(J)~~(I) "Medically fragile child" means a child to whom all of	8184
the following apply:	8185

(1) The child requires the services of a doctor of medicine	8186
or osteopathic medicine at least once a week due to the	8187
instability of the child's medical condition.	8188

(2) The child requires the services of a registered nurse on	8189
a daily basis.	8190

(3) The child is at risk of institutionalization in a	8191
hospital, skilled nursing facility, or intermediate care facility	8192
for individuals with intellectual disabilities.	8193

~~(K)~~(J)(1) A child may be identified as having an "other	8194
health impairment-major" if the child's condition meets the	8195
definition of "other health impaired" established in rules	8196
previously adopted by the state board of education and if either	8197
of the following apply:	8198

(a) The child is identified as having a medical condition	8199
that is among those listed by the superintendent of public	8200
instruction as conditions where a substantial majority of cases	8201
fall within the definition of "medically fragile child."	8202

(b) The child is determined by the superintendent of public	8203
instruction to be a medically fragile child. A school district	8204
superintendent may petition the superintendent of public	8205
instruction for a determination that a child is a medically	8206
fragile child.	8207

(2) A child may be identified as having an "other health	8208
impairment-minor" if the child's condition meets the definition of	8209
"other health impaired" established in rules previously adopted by	8210
the state board of education but the child's condition does not	8211
meet either of the conditions specified in division ~~(K)~~(J)(1)(a)	8212
or (b) of this section.	8213

~~(L)~~(K) "Preschool child with a disability" means a child with	8214
a disability, as defined in section 3323.01 of the Revised Code,	8215
who is at least age three but is not of compulsory school age, as	8216
defined in section 3321.01 of the Revised Code, and who is not	8217
currently enrolled in kindergarten.	8218

~~(M)~~(L) "Preschool scholarship ADM" means the number of	8219
preschool children with disabilities certified under division	8220
(B)(3)(h) of section 3317.03 of the Revised Code.	8221

~~(N)~~(M) "Related services" includes:

8222

(1) Child study, special education supervisors and	8223
coordinators, speech and hearing services, adaptive physical	8224
development services, occupational or physical therapy, teacher	8225
assistants for children with disabilities whose disabilities are	8226
described in division (B) of section 3317.013 or division (B)(3)	8227
of this section, behavioral intervention, interpreter services,	8228
work study, nursing services, and specialized integrative services	8229
as those terms are defined by the department;	8230

(2) Speech and language services provided to any student with	8231
a disability, including any student whose primary or only	8232
disability is a speech and language disability;	8233

(3) Any related service not specifically covered by other	8234
state funds but specified in federal law, including but not	8235
limited to, audiology and school psychological services;	8236

(4) Any service included in units funded under former	8237
division (O)(1) of section 3317.024 of the Revised Code;	8238

(5) Any other related service needed by children with	8239
disabilities in accordance with their individualized education	8240
programs.	8241

~~(O)~~(N) "School district," unless otherwise specified, means	8242
city, local, and exempted village school districts.	8243

~~(P)~~(O) "State education aid" has the same meaning as in	8244
section 5751.20 of the Revised Code.	8245

~~(Q)~~(P) "State share index" means the state share index	8246
calculated for a district under section 3317.017 of the Revised	8247
Code.	8248

~~(R)~~(Q) "Taxes charged and payable" means the taxes charged	8249
and payable against real and public utility property after making	8250
the reduction required by section 319.301 of the Revised Code,	8251
plus the taxes levied against tangible personal property.	8252

~~(S)~~(R) "Total ADM" means, for a city, local, or exempted	8253
village school district, the enrollment reported under division	8254
(A) of section 3317.03 of the Revised Code, as verified by the	8255
superintendent of public instruction and adjusted if so ordered	8256
under division (K) of that section.	8257

~~(T)~~(S) "Total special education ADM" means the sum of	8258
categories one through six special education ADM.	8259

~~(U)~~(T) "Total taxable value" means the sum of the amounts	8260
certified for a city, local, exempted village, or joint vocational	8261
school district under divisions (A)(1) and (2) of section 3317.021	8262
of the Revised Code.	8263

Sec. 3317.024. The following shall be distributed monthly,	8264
quarterly, or annually as may be determined by the state board of	8265
education:	8266

(A) An amount for each island school district and each joint	8267
state school district for the operation of each high school and	8268
each elementary school maintained within such district and for	8269
capital improvements for such schools. Such amounts shall be	8270
determined on the basis of standards adopted by the state board of	8271
education. However, for fiscal years 2012 and 2013, an island	8272
district shall receive the lesser of its actual cost of operation,	8273
as certified to the department of education, or ninety-three per	8274
cent of the amount the district received in state operating	8275
funding for fiscal year 2011. If an island district received no	8276
funding for fiscal year 2011, it shall receive no funding for	8277
either of fiscal year 2012 or 2013.	8278

(B) An amount for each school district required to pay	8279
tuition for a child in an institution maintained by the department	8280
of youth services pursuant to section 3317.082 of the Revised	8281
Code, provided the child was not included in the calculation of	8282
the district's formula ADM, as that term is defined in section	8283
3317.02 of the Revised Code, for the preceding school year.	8284

(C) An amount for the approved cost of transporting eligible	8285
pupils with disabilities attending a special education program	8286
approved by the department of education whom it is impossible or	8287
impractical to transport by regular school bus in the course of	8288
regular route transportation provided by the school district or	8289
educational service center. No district or service center is	8290
eligible to receive a payment under this division for the cost of	8291
transporting any pupil whom it transports by regular school bus	8292
and who is included in the district's transportation ADM. The	8293
state board of education shall establish standards and guidelines	8294
for use by the department of education in determining the approved	8295
cost of such transportation for each district or service center.	8296

(D) An amount to each school district, including each	8297
cooperative education school district, pursuant to section 3313.81	8298
of the Revised Code to assist in providing free lunches to needy	8299
children. The amounts shall be determined on the basis of rules	8300
adopted by the state board of education.	8301

(E) An amount to each school district, for each pupil	8302
attending a chartered nonpublic elementary or high school within	8303
the district. The amount shall equal the amount appropriated for	8304
the implementation of section 3317.06 of the Revised Code divided	8305
by the average daily membership in grades kindergarten through	8306
twelve in nonpublic elementary and high schools within the state	8307
as determined as of the last day of October of each school year.	8308

(F) An amount for each county DDdevelopmental disabilities	8309
board, distributed on the basis of standards adopted by the state	8310
board of education, for the approved cost of transportation	8311
required for children attending special education programs	8312
operated by the county DDdevelopmental disabilities board under	8313
section 3323.09 of the Revised Code;	8314

(G) An amount to each institution defined under section	8315
3317.082 of the Revised Code providing elementary or secondary	8316
education to children other than children receiving special	8317
education under section 3323.091 of the Revised Code. This amount	8318
for any institution in any fiscal year shall equal the total of	8319
all tuition amounts required to be paid to the institution under	8320
division (A)(1) of section 3317.082 of the Revised Code.	8321

The state board of education or any other board of education	8322
or governing board may provide for any resident of a district or	8323
educational service center territory any educational service for	8324
which funds are made available to the board by the United States	8325
under the authority of public law, whether such funds come	8326
directly or indirectly from the United States or any agency or	8327
department thereof or through the state or any agency, department,	8328
or political subdivision thereof.	8329

Sec. 3317.03. (A) The superintendent of each city, local,	8330
and exempted village school district shall report to the state	8331
board of education as of the last day of October, March, and June	8332
of each year the enrollment of students receiving services from	8333
schools under the superintendent's supervision, and the numbers of	8334
other students entitled to attend school in the district under	8335
section 3313.64 or 3313.65 of the Revised Code the superintendent	8336
is required to report under this section, so that the department	8337
of education can calculate the district's formula ADM, total ADM,	8338
category one through five career-technical education ADM, category	8339
one through three limited English proficient ADM, category one	8340
through six special education ADM, preschool scholarship ADM,	8341
transportation ADM, and, for purposes of provisions of law outside	8342
of Chapter 3317. of the Revised Code, average daily membership.	8343

(1) The enrollment reported by the superintendent during the	8344
reporting period shall consist of the number of students in grades	8345
kindergarten through twelve receiving any educational services	8346
from the district, except that the following categories of	8347
students shall not be included in the determination:	8348

(a) Students enrolled in adult education classes;

8349

(b) Adjacent or other district students enrolled in the	8350
district under an open enrollment policy pursuant to section	8351
3313.98 of the Revised Code;	8352

(c) Students receiving services in the district pursuant to a	8353
compact, cooperative education agreement, or a contract, but who	8354
are entitled to attend school in another district pursuant to	8355
section 3313.64 or 3313.65 of the Revised Code;	8356

(d) Students for whom tuition is payable pursuant to sections	8357
3317.081 and 3323.141 of the Revised Code;	8358

(e) Students receiving services in the district through a	8359
scholarship awarded under either section 3310.41 or sections	8360
3310.51 to 3310.64 of the Revised Code.	8361

When reporting students under division (A)(1) of this	8362
section, the superintendent also shall report the district where	8363
each student is entitled to attend school pursuant to sections	8364
3313.64 and 3313.65 of the Revised Code.	8365

(2) The department of education shall compile a list of all	8366
students reported to be enrolled in a district under division	8367
(A)(1) of this section and of the students entitled to attend	8368
school in the district pursuant to section 3313.64 or 3313.65 of	8369
the Revised Code on an FTE basis but receiving educational	8370
services in grades kindergarten through twelve from one or more of	8371
the following entities:	8372

(a) A community school pursuant to Chapter 3314. of the	8373
Revised Code, including any participation in a college pursuant to	8374
Chapter 3365. of the Revised Code while enrolled in such community	8375
school;	8376

(b) An alternative school pursuant to sections 3313.974 to	8377
3313.979 of the Revised Code as described in division (I)(2)(a) or	8378
(b) of this section;	8379

(c) A college pursuant to Chapter 3365. of the Revised Code,	8380
except when the student is enrolled in the college while also	8381
enrolled in a community school pursuant to Chapter 3314., a	8382
science, technology, engineering, and mathematics school	8383
established under Chapter 3326., or a college-preparatory boarding	8384
school established under Chapter 3328. of the Revised Code;	8385

(d) An adjacent or other school district under an open	8386
enrollment policy adopted pursuant to section 3313.98 of the	8387
Revised Code;	8388

(e) An educational service center or cooperative education	8389
district;	8390

(f) Another school district under a cooperative education	8391
agreement, compact, or contract;	8392

(g) A chartered nonpublic school with a scholarship paid	8393
under section 3310.08 of the Revised Code, if the students	8394
qualified for the scholarship under section 3310.03 of the Revised	8395
Code;	8396

(h) An alternative public provider or a registered private	8397
provider with a scholarship awarded under either section 3310.41	8398
or sections 3310.51 to 3310.64 of the Revised Code.	8399

As used in this section, "alternative public provider" and	8400
"registered private provider" have the same meanings as in section	8401
3310.41 or 3310.51 of the Revised Code, as applicable.	8402

(i) A science, technology, engineering, and mathematics	8403
school established under Chapter 3326. of the Revised Code,	8404
including any participation in a college pursuant to Chapter 3365.	8405
of the Revised Code while enrolled in the school;	8406

(j) A college-preparatory boarding school established under	8407
Chapter 3328. of the Revised Code, including any participation in	8408
a college pursuant to Chapter 3365. of the Revised Code while	8409
enrolled in the school.	8410

(3) The department also shall compile a list of the students	8411
entitled to attend school in the district under section 3313.64 or	8412
3313.65 of the Revised Code who are enrolled in a joint vocational	8413
school district or under a career-technical education compact,	8414
excluding any students so entitled to attend school in the	8415
district who are enrolled in another school district through an	8416
open enrollment policy as reported under division (A)(2)(d) of	8417
this section and then enroll in a joint vocational school district	8418
or under a career-technical education compact.	8419

The department shall provide each city, local, and exempted	8420
village school district with an opportunity to review the list of	8421
students compiled under divisions (A)(2) and (3) of this section	8422
to ensure that the students reported accurately reflect the	8423
enrollment of students in the district.	8424

(B) To enable the department of education to obtain the data	8425
needed to complete the calculation of payments pursuant to this	8426
chapter, each superintendent shall certify from the reports	8427
provided by the department under division (A) of this section all	8428
of the following:	8429

(1) The total student enrollment in regular learning day	8430
classes included in the report under division (A)(1) or (2) of	8431
this section for each of the individual grades kindergarten	8432
through twelve in schools under the superintendent's supervision;	8433

(2) The unduplicated count of the number of preschool	8434
children with disabilities enrolled in the district for whom the	8435
district is eligible to receive funding under section 3317.0213 of	8436
the Revised Code adjusted for the portion of the year each child	8437
is so enrolled, in accordance with the disability categories	8438
prescribed in section 3317.013 of the Revised Code;	8439

(3) The number of children entitled to attend school in the	8440
district pursuant to section 3313.64 or 3313.65 of the Revised	8441
Code who are:	8442

(a) Participating in a pilot project scholarship program	8443
established under sections 3313.974 to 3313.979 of the Revised	8444
Code as described in division (I)(2)(a) or (b) of this section;	8445

(b) Enrolled in a college under Chapter 3365. of the Revised	8446
Code, except when the student is enrolled in the college while	8447
also enrolled in a community school pursuant to Chapter 3314. of	8448
the Revised Code, a science, technology, engineering, and	8449
mathematics school established under Chapter 3326., or a	8450
college-preparatory boarding school established under Chapter	8451
3328. of the Revised Code;	8452

(c) Enrolled in an adjacent or other school district under	8453
section 3313.98 of the Revised Code;	8454

(d) Enrolled in a community school established under Chapter	8455
3314. of the Revised Code that is not an internet- or	8456
computer-based community school as defined in section 3314.02 of	8457
the Revised Code, including any participation in a college	8458
pursuant to Chapter 3365. of the Revised Code while enrolled in	8459
such community school;	8460

(e) Enrolled in an internet- or computer-based community	8461
school, as defined in section 3314.02 of the Revised Code,	8462
including any participation in a college pursuant to Chapter 3365.	8463
of the Revised Code while enrolled in the school;	8464

(f) Enrolled in a chartered nonpublic school with a	8465
scholarship paid under section 3310.08 of the Revised Code and who	8466
qualified for the scholarship under section 3310.03 of the Revised	8467
Code;	8468

(g) Enrolled in kindergarten through grade twelve in an	8469
alternative public provider or a registered private provider with	8470
a scholarship awarded under section 3310.41 of the Revised Code;	8471

(h) Enrolled as a preschool child with a disability in an	8472
alternative public provider or a registered private provider with	8473
a scholarship awarded under section 3310.41 of the Revised Code;	8474

(i) Participating in a program operated by a county DD	8475
developmental disabilities board or a state institution;	8476

(j) Enrolled in a science, technology, engineering, and	8477
mathematics school established under Chapter 3326. of the Revised	8478
Code, including any participation in a college pursuant to Chapter	8479
3365. of the Revised Code while enrolled in the school;	8480

(k) Enrolled in a college-preparatory boarding school	8481
established under Chapter 3328. of the Revised Code, including any	8482
participation in a college pursuant to Chapter 3365. of the	8483
Revised Code while enrolled in the school;	8484

(l) Enrolled in an alternative public provider or a	8485
registered private provider with a scholarship awarded under	8486
sections 3310.51 to 3310.64 of the Revised Code.	8487

(4) The total enrollment of pupils in joint vocational	8488
schools;	8489

(5) The combined enrollment of children with disabilities	8490
reported under division (A)(1) or (2) of this section receiving	8491
special education services for the category one disability	8492
described in division (A) of section 3317.013 of the Revised Code,	8493
including children attending a special education program operated	8494
by an alternative public provider or a registered private provider	8495
with a scholarship awarded under sections 3310.51 to 3310.64 of	8496
the Revised Code;	8497

(6) The combined enrollment of children with disabilities	8498
reported under division (A)(1) or (2) of this section receiving	8499
special education services for category two disabilities described	8500
in division (B) of section 3317.013 of the Revised Code, including	8501
children attending a special education program operated by an	8502
alternative public provider or a registered private provider with	8503
a scholarship awarded under sections 3310.51 to 3310.64 of the	8504
Revised Code;	8505

(7) The combined enrollment of children with disabilities	8506
reported under division (A)(1) or (2) of this section receiving	8507
special education services for category three disabilities	8508
described in division (C) of section 3317.013 of the Revised Code,	8509
including children attending a special education program operated	8510
by an alternative public provider or a registered private provider	8511
with a scholarship awarded under sections 3310.51 to 3310.64 of	8512
the Revised Code;	8513

(8) The combined enrollment of children with disabilities	8514
reported under division (A)(1) or (2) of this section receiving	8515
special education services for category four disabilities	8516
described in division (D) of section 3317.013 of the Revised Code,	8517
including children attending a special education program operated	8518
by an alternative public provider or a registered private provider	8519
with a scholarship awarded under sections 3310.51 to 3310.64 of	8520
the Revised Code;	8521

(9) The combined enrollment of children with disabilities	8522
reported under division (A)(1) or (2) of this section receiving	8523
special education services for the category five disabilities	8524
described in division (E) of section 3317.013 of the Revised Code,	8525
including children attending a special education program operated	8526
by an alternative public provider or a registered private provider	8527
with a scholarship awarded under sections 3310.51 to 3310.64 of	8528
the Revised Code;	8529

(10) The combined enrollment of children with disabilities	8530
reported under division (A)(1) or (2) and under division (B)(3)(h)	8531
of this section receiving special education services for category	8532
six disabilities described in division (F) of section 3317.013 of	8533
the Revised Code, including children attending a special education	8534
program operated by an alternative public provider or a registered	8535
private provider with a scholarship awarded under either section	8536
3310.41 or sections 3310.51 to 3310.64 of the Revised Code;	8537

(11) The enrollment of pupils reported under division (A)(1)	8538
or (2) of this section on a full-time equivalency basis in	8539
category one career-technical education programs or classes,	8540
described in division (A) of section 3317.014 of the Revised Code,	8541
operated by the school district or by another district that is a	8542
member of the district's career-technical planning district, other	8543
than a joint vocational school district, or by an educational	8544
service center, notwithstanding division ~~(H)~~(G) of section 3317.02	8545
of the Revised Code and division (C)(3) of this section;	8546

(12) The enrollment of pupils reported under division (A)(1)	8547
or (2) of this section on a full-time equivalency basis in	8548
category two career-technical education programs or services,	8549
described in division (B) of section 3317.014 of the Revised Code,	8550
operated by the school district or another school district that is	8551
a member of the district's career-technical planning district,	8552
other than a joint vocational school district, or by an	8553
educational service center, notwithstanding division ~~(H)~~(G) of	8554
section 3317.02 of the Revised Code and division (C)(3) of this	8555
section;	8556

(13) The enrollment of pupils reported under division (A)(1)	8557
or (2) of this section on a full-time equivalency basis in	8558
category three career-technical education programs or services,	8559
described in division (C) of section 3317.014 of the Revised Code,	8560
operated by the school district or another school district that is	8561
a member of the district's career-technical planning district,	8562
other than a joint vocational school district, or by an	8563
educational service center, notwithstanding division ~~(H)~~(G) of	8564
section 3317.02 of the Revised Code and division (C)(3) of this	8565
section;	8566

(14) The enrollment of pupils reported under division (A)(1)	8567
or (2) of this section on a full-time equivalency basis in	8568
category four career-technical education programs or services,	8569
described in division (D) of section 3317.014 of the Revised Code,	8570
operated by the school district or another school district that is	8571
a member of the district's career-technical planning district,	8572
other than a joint vocational school district, or by an	8573
educational service center, notwithstanding division ~~(H)~~(G) of	8574
section 3317.02 of the Revised Code and division (C)(3) of this	8575
section;	8576

(15) The enrollment of pupils reported under division (A)(1)	8577
or (2) of this section on a full-time equivalency basis in	8578
category five career-technical education programs or services,	8579
described in division (E) of section 3317.014 of the Revised Code,	8580
operated by the school district or another school district that is	8581
a member of the district's career-technical planning district,	8582
other than a joint vocational school district, or by an	8583
educational service center, notwithstanding division ~~(H)~~(G) of	8584
section 3317.02 of the Revised Code and division (C)(3) of this	8585
section;	8586

(16) The enrollment of pupils reported under division (A)(1)	8587
or (2) of this section who are limited English proficient students	8588
described in division (A) of section 3317.016 of the Revised Code,	8589
excluding any student reported under division (B)(3)(e) of this	8590
section as enrolled in an internet- or computer-based community	8591
school;	8592

(17) The enrollment of pupils reported under division (A)(1)	8593
or (2) of this section who are limited English proficient students	8594
described in division (B) of section 3317.016 of the Revised Code,	8595
excluding any student reported under division (B)(3)(e) of this	8596
section as enrolled in an internet- or computer-based community	8597
school;	8598

(18) The enrollment of pupils reported under division (A)(1)	8599
or (2) of this section who are limited English proficient students	8600
described in division (C) of section 3317.016 of the Revised Code,	8601
excluding any student reported under division (B)(3)(e) of this	8602
section as enrolled in an internet- or computer-based community	8603
school;	8604

(19) The average number of children transported during the	8605
reporting period by the school district on board-owned or	8606
contractor-owned and -operated buses, reported in accordance with	8607
rules adopted by the department of education;	8608

(20)(a) The number of children, other than preschool children	8609
with disabilities, the district placed with a county DD	8610
developmental disabilities board in fiscal year 1998. Division	8611
(B)(20)(a) of this section does not apply after fiscal year 2013.	8612

(b) The number of children with disabilities, other than	8613
preschool children with disabilities, placed with a county DD	8614
developmental disabilities board in the current fiscal year to	8615
receive special education services for the category one disability	8616
described in division (A) of section 3317.013 of the Revised Code;	8617

(c) The number of children with disabilities, other than	8618
preschool children with disabilities, placed with a county DD	8619
developmental disabilities board in the current fiscal year to	8620
receive special education services for category two disabilities	8621
described in division (B) of section 3317.013 of the Revised Code;	8622

(d) The number of children with disabilities, other than	8623
preschool children with disabilities, placed with a county DD	8624
developmental disabilities board in the current fiscal year to	8625
receive special education services for category three disabilities	8626
described in division (C) of section 3317.013 of the Revised Code;	8627

(e) The number of children with disabilities, other than	8628
preschool children with disabilities, placed with a county DD	8629
developmental disabilities board in the current fiscal year to	8630
receive special education services for category four disabilities	8631
described in division (D) of section 3317.013 of the Revised Code;	8632

(f) The number of children with disabilities, other than	8633
preschool children with disabilities, placed with a county DD	8634
developmental disabilities board in the current fiscal year to	8635
receive special education services for the category five	8636
disabilities described in division (E) of section 3317.013 of the	8637
Revised Code;	8638

(g) The number of children with disabilities, other than	8639
preschool children with disabilities, placed with a county DD	8640
developmental disabilities board in the current fiscal year to	8641
receive special education services for category six disabilities	8642
described in division (F) of section 3317.013 of the Revised Code.	8643

(21) The enrollment of students who are economically	8644
disadvantaged, as defined by the department, excluding any student	8645
reported under division (B)(3)(e) of this section as enrolled in	8646
an internet- or computer-based community school. A student shall	8647
not be categorically excluded from the number reported under	8648
division (B)(21) of this section based on anything other than	8649
family income.	8650

(C)(1) The state board of education shall adopt rules	8651
necessary for implementing divisions (A), (B), and (D) of this	8652
section.	8653

(2) A student enrolled in a community school established	8654
under Chapter 3314., a science, technology, engineering, and	8655
mathematics school established under Chapter 3326., or a	8656
college-preparatory boarding school established under Chapter	8657
3328. of the Revised Code shall be counted in the formula ADM and,	8658
if applicable, the category one, two, three, four, five, or six	8659
special education ADM of the school district in which the student	8660
is entitled to attend school under section 3313.64 or 3313.65 of	8661
the Revised Code for the same proportion of the school year that	8662
the student is counted in the enrollment of the community school,	8663
the science, technology, engineering, and mathematics school, or	8664
the college-preparatory boarding school for purposes of section	8665
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding	8666
the enrollment of students certified pursuant to division	8667
(B)(3)(d), (e), (j), or (k) of this section, the department may	8668
adjust the formula ADM of a school district to account for	8669
students entitled to attend school in the district under section	8670
3313.64 or 3313.65 of the Revised Code who are enrolled in a	8671
community school, a science, technology, engineering, and	8672
mathematics school, or a college-preparatory boarding school for	8673
only a portion of the school year.	8674

(3) No child shall be counted as more than a total of one	8675
child in the sum of the enrollment of students of a school	8676
district under division (A), divisions (B)(1) to (22), or division	8677
(D) of this section, except as follows:	8678

(a) A child with a disability described in section 3317.013	8679
of the Revised Code may be counted both in formula ADM and in	8680
category one, two, three, four, five, or six special education ADM	8681
and, if applicable, in category one, two, three, four, or five	8682
career-technical education ADM. As provided in division ~~(H)~~(G) of	8683
section 3317.02 of the Revised Code, such a child shall be counted	8684
in category one, two, three, four, five, or six special education	8685
ADM in the same proportion that the child is counted in formula	8686
ADM.	8687

(b) A child enrolled in career-technical education programs	8688
or classes described in section 3317.014 of the Revised Code may	8689
be counted both in formula ADM and category one, two, three, four,	8690
or five career-technical education ADM and, if applicable, in	8691
category one, two, three, four, five, or six special education	8692
ADM. Such a child shall be counted in category one, two, three,	8693
four, or five career-technical education ADM in the same	8694
proportion as the percentage of time that the child spends in the	8695
career-technical education programs or classes.	8696

(4) Based on the information reported under this section, the	8697
department of education shall determine the total student count,	8698
as defined in section 3301.011 of the Revised Code, for each	8699
school district.	8700

(D)(1) The superintendent of each joint vocational school	8701
district shall report and certify to the superintendent of public	8702
instruction as of the last day of October, March, and June of each	8703
year the enrollment of students receiving services from schools	8704
under the superintendent's supervision so that the department can	8705
calculate the district's formula ADM, total ADM, category one	8706
through five career-technical education ADM, category one through	8707
three limited English proficient ADM, category one through six	8708
special education ADM, and for purposes of provisions of law	8709
outside of Chapter 3317. of the Revised Code, average daily	8710
membership.	8711

The enrollment reported and certified by the superintendent,	8712
except as otherwise provided in this division, shall consist of	8713
the the number of students in grades six through twelve receiving	8714
any educational services from the district, except that the	8715
following categories of students shall not be included in the	8716
determination:	8717

(a) Students enrolled in adult education classes;

8718

(b) Adjacent or other district joint vocational students	8719
enrolled in the district under an open enrollment policy pursuant	8720
to section 3313.98 of the Revised Code;	8721

(c) Students receiving services in the district pursuant to a	8722
compact, cooperative education agreement, or a contract, but who	8723
are entitled to attend school in a city, local, or exempted	8724
village school district whose territory is not part of the	8725
territory of the joint vocational district;	8726

(d) Students for whom tuition is payable pursuant to sections	8727
3317.081 and 3323.141 of the Revised Code.	8728

(2) To enable the department of education to obtain the data	8729
needed to complete the calculation of payments pursuant to this	8730
chapter, each superintendent shall certify from the report	8731
provided under division (D)(1) of this section the enrollment for	8732
each of the following categories of students:	8733

(a) Students enrolled in each individual grade included in	8734
the joint vocational district schools;	8735

(b) Children with disabilities receiving special education	8736
services for the category one disability described in division (A)	8737
of section 3317.013 of the Revised Code;	8738

(c) Children with disabilities receiving special education	8739
services for the category two disabilities described in division	8740
(B) of section 3317.013 of the Revised Code;	8741

(d) Children with disabilities receiving special education	8742
services for category three disabilities described in division (C)	8743
of section 3317.013 of the Revised Code;	8744

(e) Children with disabilities receiving special education	8745
services for category four disabilities described in division (D)	8746
of section 3317.013 of the Revised Code;	8747

(f) Children with disabilities receiving special education	8748
services for the category five disabilities described in division	8749
(E) of section 3317.013 of the Revised Code;	8750

(g) Children with disabilities receiving special education	8751
services for category six disabilities described in division (F)	8752
of section 3317.013 of the Revised Code;	8753

(h) Students receiving category one career-technical	8754
education services, described in division (A) of section 3317.014	8755
of the Revised Code;	8756

(i) Students receiving category two career-technical	8757
education services, described in division (B) of section 3317.014	8758
of the Revised Code;	8759

(j) Students receiving category three career-technical	8760
education services, described in division (C) of section 3317.014	8761
of the Revised Code;	8762

(k) Students receiving category four career-technical	8763
education services, described in division (D) of section 3317.014	8764
of the Revised Code;	8765

(l) Students receiving category five career-technical	8766
education services, described in division (E) of section 3317.014	8767
of the Revised Code;	8768

(m) Limited English proficient students described in division	8769
(A) of section 3317.016 of the Revised Code;	8770

(n) Limited English proficient students described in division	8771
(B) of section 3317.016 of the Revised Code;	8772

(o) Limited English proficient students described in division	8773
(C) of section 3317.016 of the Revised Code;	8774

(p) Students who are economically disadvantaged, as defined	8775
by the department. A student shall not be categorically excluded	8776
from the number reported under division (D)(2)(p) of this section	8777
based on anything other than family income.	8778

The superintendent of each joint vocational school district	8779
shall also indicate the city, local, or exempted village school	8780
district in which each joint vocational district pupil is entitled	8781
to attend school pursuant to section 3313.64 or 3313.65 of the	8782
Revised Code.	8783

(E) In each school of each city, local, exempted village,	8784
joint vocational, and cooperative education school district there	8785
shall be maintained a record of school enrollment, which record	8786
shall accurately show, for each day the school is in session, the	8787
actual enrollment in regular day classes. For the purpose of	8788
determining the enrollment of students, the enrollment figure of	8789
any school shall not include any pupils except those pupils	8790
described by division (A) of this section. The record of	8791
enrollment for each school shall be maintained in such manner that	8792
no pupil shall be counted as enrolled prior to the actual date of	8793
entry in the school and also in such manner that where for any	8794
cause a pupil permanently withdraws from the school that pupil	8795
shall not be counted as enrolled from and after the date of such	8796
withdrawal. There shall not be included in the enrollment of any	8797
school any of the following:	8798

(1) Any pupil who has graduated from the twelfth grade of a	8799
public or nonpublic high school;	8800

(2) Any pupil who is not a resident of the state;

8801

(3) Any pupil who was enrolled in the schools of the district	8802
during the previous school year when assessments were administered	8803
under section 3301.0711 of the Revised Code but did not take one	8804
or more of the assessments required by that section and was not	8805
excused pursuant to division (C)(1) or (3) of that section;	8806

(4) Any pupil who has attained the age of twenty-two years,	8807
except for veterans of the armed services whose attendance was	8808
interrupted before completing the recognized twelve-year course of	8809
the public schools by reason of induction or enlistment in the	8810
armed forces and who apply for reenrollment in the public school	8811
system of their residence not later than four years after	8812
termination of war or their honorable discharge;	8813

(5) Any pupil who has a high school equivalence diploma as	8814
defined in section 5107.40 of the Revised Code.	8815

If, however, any veteran described by division (E)(4) of this	8816
section elects to enroll in special courses organized for veterans	8817
for whom tuition is paid under the provisions of federal laws, or	8818
otherwise, that veteran shall not be included in the enrollment of	8819
students determined under this section.	8820

Notwithstanding division (E)(3) of this section, the	8821
enrollment of any school may include a pupil who did not take an	8822
assessment required by section 3301.0711 of the Revised Code if	8823
the superintendent of public instruction grants a waiver from the	8824
requirement to take the assessment to the specific pupil and a	8825
parent is not paying tuition for the pupil pursuant to section	8826
3313.6410 of the Revised Code. The superintendent may grant such a	8827
waiver only for good cause in accordance with rules adopted by the	8828
state board of education.	8829

The formula ADM, total ADM, category one through five	8830
career-technical education ADM, category one through three limited	8831
English proficient ADM, category one through six special education	8832
ADM, preschool scholarship ADM, transportation ADM, and, for	8833
purposes of provisions of law outside of Chapter 3317. of the	8834
Revised Code, average daily membership of any school district	8835
shall be determined in accordance with rules adopted by the state	8836
board of education.	8837

(F)(1) If a student attending a community school under	8838
Chapter 3314., a science, technology, engineering, and mathematics	8839
school established under Chapter 3326., or a college-preparatory	8840
boarding school established under Chapter 3328. of the Revised	8841
Code is not included in the formula ADM calculated for the school	8842
district in which the student is entitled to attend school under	8843
section 3313.64 or 3313.65 of the Revised Code, the department of	8844
education shall adjust the formula ADM of that school district to	8845
include the student in accordance with division (C)(2) of this	8846
section, and shall recalculate the school district's payments	8847
under this chapter for the entire fiscal year on the basis of that	8848
adjusted formula ADM.	8849

(2) If a student awarded an educational choice scholarship is	8850
not included in the formula ADM of the school district from which	8851
the department deducts funds for the scholarship under section	8852
3310.08 of the Revised Code, the department shall adjust the	8853
formula ADM of that school district to include the student to the	8854
extent necessary to account for the deduction, and shall	8855
recalculate the school district's payments under this chapter for	8856
the entire fiscal year on the basis of that adjusted formula ADM.	8857

(3) If a student awarded a scholarship under the Jon Peterson	8858
special needs scholarship program is not included in the formula	8859
ADM of the school district from which the department deducts funds	8860
for the scholarship under section 3310.55 of the Revised Code, the	8861
department shall adjust the formula ADM of that school district to	8862
include the student to the extent necessary to account for the	8863
deduction, and shall recalculate the school district's payments	8864
under this chapter for the entire fiscal year on the basis of that	8865
adjusted formula ADM.	8866

(G)(1)(a) The superintendent of an institution operating a	8867
special education program pursuant to section 3323.091 of the	8868
Revised Code shall, for the programs under such superintendent's	8869
supervision, certify to the state board of education, in the	8870
manner prescribed by the superintendent of public instruction,	8871
both of the following:	8872

(i) The unduplicated count of the number of all children with	8873
disabilities other than preschool children with disabilities	8874
receiving services at the institution for each category of	8875
disability described in divisions (A) to (F) of section 3317.013	8876
of the Revised Code adjusted for the portion of the year each	8877
child is so enrolled;	8878

(ii) The unduplicated count of the number of all preschool	8879
children with disabilities in classes or programs for whom the	8880
district is eligible to receive funding under section 3317.0213 of	8881
the Revised Code adjusted for the portion of the year each child	8882
is so enrolled, reported according to the categories prescribed in	8883
section 3317.013 of the Revised Code.	8884

(b) The superintendent of an institution with	8885
career-technical education units approved under section 3317.05 of	8886
the Revised Code shall, for the units under the superintendent's	8887
supervision, certify to the state board of education the	8888
enrollment in those units, in the manner prescribed by the	8889
superintendent of public instruction.	8890

(2) The superintendent of each county DDdevelopmental	8891
disabilities board that maintains special education classes under	8892
section 3317.20 of the Revised Code or provides services to	8893
preschool children with disabilities pursuant to an agreement	8894
between the DDdevelopmental disabilities board and the	8895
appropriate school district shall do both of the following:	8896

(a) Certify to the state board, in the manner prescribed by	8897
the board, the enrollment in classes under section 3317.20 of the	8898
Revised Code for each school district that has placed children in	8899
the classes;	8900

(b) Certify to the state board, in the manner prescribed by	8901
the board, the unduplicated count of the number of all preschool	8902
children with disabilities enrolled in classes for which the DD	8903
developmental disabilities board is eligible to receive funding	8904
under section 3317.0213 of the Revised Code adjusted for the	8905
portion of the year each child is so enrolled, reported according	8906
to the categories prescribed in section 3317.013 of the Revised	8907
Code, and the number of those classes.	8908

(H) Except as provided in division (I) of this section, when	8909
any city, local, or exempted village school district provides	8910
instruction for a nonresident pupil whose attendance is	8911
unauthorized attendance as defined in section 3327.06 of the	8912
Revised Code, that pupil's enrollment shall not be included in	8913
that district's enrollment figure used in calculating the	8914
district's payments under this chapter. The reporting official	8915
shall report separately the enrollment of all pupils whose	8916
attendance in the district is unauthorized attendance, and the	8917
enrollment of each such pupil shall be credited to the school	8918
district in which the pupil is entitled to attend school under	8919
division (B) of section 3313.64 or section 3313.65 of the Revised	8920
Code as determined by the department of education.	8921

(I)(1) A city, local, exempted village, or joint vocational	8922
school district admitting a scholarship student of a pilot project	8923
district pursuant to division (C) of section 3313.976 of the	8924
Revised Code may count such student in its enrollment.	8925

(2) In any year for which funds are appropriated for pilot	8926
project scholarship programs, a school district implementing a	8927
state-sponsored pilot project scholarship program that year	8928
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	8929
count in its enrollment:	8930

(a) All children residing in the district and utilizing a	8931
scholarship to attend kindergarten in any alternative school, as	8932
defined in section 3313.974 of the Revised Code;	8933

(b) All children who were enrolled in the district in the	8934
preceding year who are utilizing a scholarship to attend an	8935
alternative school.	8936

(J) The superintendent of each cooperative education school	8937
district shall certify to the superintendent of public	8938
instruction, in a manner prescribed by the state board of	8939
education, the applicable enrollments for all students in the	8940
cooperative education district, also indicating the city, local,	8941
or exempted village district where each pupil is entitled to	8942
attend school under section 3313.64 or 3313.65 of the Revised	8943
Code.	8944

(K) If the superintendent of public instruction determines	8945
that a component of the enrollment certified or reported by a	8946
district superintendent, or other reporting entity, is not	8947
correct, the superintendent of public instruction may order that	8948
the formula ADM used for the purposes of payments under any	8949
section of Title XXXIII of the Revised Code be adjusted in the	8950
amount of the error.	8951

Sec. 3317.032. Each city, local, exempted village, and	8952
cooperative education school district, each educational service	8953
center, each county DDdevelopmental disabilities board, and each	8954
institution operating a special education program pursuant to	8955
section 3323.091 of the Revised Code shall, in accordance with	8956
procedures adopted by the state board of education, maintain a	8957
record of district membership of all preschool children with	8958
disabilities who are served by a special education program.	8959

Sec. 3317.07. If the department of education determines that	8960
a county DDdevelopmental disabilities board no longer needs a	8961
school bus because the board no longer transports children to a	8962
special education program operated by the board, or if the	8963
department determines that a school district no longer needs a	8964
school bus to transport pupils to a nonpublic school or special	8965
education program, the department may reassign a bus that was	8966
funded with payments provided pursuant to the version of this	8967
section in effect prior to the effective date of this amendment	8968
for the purpose of transporting such pupils. The department may	8969
reassign a bus to a county DDdevelopmental disabilities board or	8970
school district that transports children to a special education	8971
program designated in the children's individualized education	8972
plans, or to a school district that transports pupils to a	8973
nonpublic school, and needs an additional school bus.	8974

Sec. 3317.15. (A) As used in this section, "child with a	8975
disability" has the same meaning as in section 3323.01 of the	8976
Revised Code.	8977

(B) Each city, exempted village, local, and joint vocational	8978
school district shall continue to comply with all requirements of	8979
federal statutes and regulations, the Revised Code, and rules	8980
adopted by the state board of education governing education of	8981
children with disabilities, including, but not limited to,	8982
requirements that children with disabilities be served by	8983
appropriately licensed or certificated education personnel.	8984

(C) Each city, exempted village, local, and joint vocational	8985
school district shall consult with the educational service center	8986
serving the county in which the school district is located and, if	8987
it elects to participate pursuant to section 5126.04 of the	8988
Revised Code, the county DDdevelopmental disabilities board of	8989
that county, in providing services that serve the best interests	8990
of children with disabilities.	8991

(D) Each school district shall annually provide documentation	8992
to the department of education that it employs the appropriate	8993
number of licensed or certificated personnel to serve the	8994
district's students with disabilities.	8995

(E) The department annually shall audit a sample of school	8996
districts to ensure that children with disabilities are being	8997
appropriately reported.	8998

(F) Each school district shall provide speech-language	8999
pathology services at a ratio of one speech-language pathologist	9000
per two thousand students receiving any educational services from	9001
the district other than adult education. Each district shall	9002
provide school psychological services at a ratio of one school	9003
psychologist per two thousand five hundred students receiving any	9004
educational services from the district other than adult education.	9005
A district may obtain the services of speech-language pathologists	9006
and school psychologists by any means permitted by law, including	9007
contracting with an educational service center. If, however, a	9008
district is unable to obtain the services of the required number	9009
of speech-language pathologists or school psychologists, the	9010
district may request from the superintendent of public	9011
instruction, and the superintendent may grant, a waiver of this	9012
provision for a period of time established by the superintendent.	9013

Sec. 3317.20. This section does not apply to preschool	9014
children with disabilities.	9015

(A) As used in this section:

9016

(1) "Applicable special education amount" means the amount	9017
specified in section 3317.013 of the Revised Code for a disability	9018
described in that section.	9019

(2) "Child's school district" means the school district in	9020
which a child is entitled to attend school pursuant to section	9021
3313.64 or 3313.65 of the Revised Code.	9022

(3) "State share index" means the state share index of the	9023
child's school district.	9024

(B) The department shall annually pay each county DD	9025
developmental disabilities board for each child with a disability,	9026
other than a preschool child with a disability, for whom the	9027
county DDdevelopmental disabilities board provides special	9028
education and related services an amount equal to the formula	9029
amount + (state share index X the applicable special education	9030
amount).	9031

(C) Each county DDdevelopmental disabilities board shall	9032
report to the department, in the manner specified by the	9033
department, the name of each child for whom the county DD	9034
developmental disabilities board provides special education and	9035
related services and the child's school district.	9036

(D)(1) For the purpose of verifying the accuracy of the	9037
payments under this section, the department may request from	9038
either of the following entities the data verification code	9039
assigned under division (D)(2) of section 3301.0714 of the Revised	9040
Code to any child who is placed with a county DDdevelopmental	9041
disabilities board:	9042

(a) The child's school district;

9043

(b) The independent contractor engaged to create and maintain	9044
data verification codes.	9045

(2) Upon a request by the department under division (D)(1) of	9046
this section for the data verification code of a child, the	9047
child's school district shall submit that code to the department	9048
in the manner specified by the department. If the child has not	9049
been assigned a code, the district shall assign a code to that	9050
child and submit the code to the department by a date specified by	9051
the department. If the district does not assign a code to the	9052
child by the specified date, the department shall assign a code to	9053
the child.	9054

The department annually shall submit to each school district	9055
the name and data verification code of each child residing in the	9056
district for whom the department has assigned a code under this	9057
division.	9058

(3) The department shall not release any data verification	9059
code that it receives under division (D) of this section to any	9060
person except as provided by law.	9061

(E) Any document relative to special education and related	9062
services provided by a county DDdevelopmental disabilities board	9063
that the department holds in its files that contains both a	9064
student's name or other personally identifiable information and	9065
the student's data verification code shall not be a public record	9066
under section 149.43 of the Revised Code.	9067

Sec. 3323.01. As used in this chapter:

9068

(A) "Child with a disability" means a child who is at least	9069
three years of age and less than twenty-two years of age; who has	9070
~~mental retardation~~a developmental disability that is an	9071
intellectual disability, a hearing impairment (including	9072
deafness), a speech or language impairment, a visual impairment	9073
(including blindness), a serious emotional disturbance, an	9074
orthopedic impairment, autism, traumatic brain injury, an other	9075
health impairment, a specific learning disability (including	9076
dyslexia), deaf-blindness, or multiple disabilities; and who, by	9077
reason thereof, needs special education and related services.	9078

A "child with a disability" may include a child who is at	9079
least three years of age and less than six years of age; who is	9080
experiencing developmental delays, as defined by standards adopted	9081
by the state board of education and as measured by appropriate	9082
diagnostic instruments and procedures in one or more of the	9083
following areas: physical development, cognitive development,	9084
communication development, social or emotional development, or	9085
adaptive development; and who, by reason thereof, needs special	9086
education and related services.	9087

(B) ~~"County DD board" means a county board of developmental~~	9088
~~disabilities.~~	9089

~~(C)~~ "Free appropriate public education" means special	9090
education and related services that meet all of the following:	9091

(1) Are provided at public expense, under public supervision	9092
and direction, and without charge;	9093

(2) Meet the standards of the state board of education;

9094

(3) Include an appropriate preschool, elementary, or	9095
secondary education as otherwise provided by the law of this	9096
state;	9097

(4) Are provided for each child with a disability in	9098
conformity with the child's individualized education program.	9099

~~(D)~~(C) "Homeless children" means "homeless children and	9100
youths" as defined in section 725 of the "McKinney-Vento Homeless	9101
Assistance Act," 42 U.S.C. 11434a.	9102

~~(E)~~(D) "Individualized education program" or "IEP" means the	9103
written statement described in section 3323.011 of the Revised	9104
Code.	9105

~~(F)~~(E) "Individualized education program team" or "IEP team"	9106
means a group of individuals composed of:	9107

(1) The parents of a child with a disability;

9108

(2) At least one regular education teacher of the child, if	9109
the child is or may be participating in the regular education	9110
environment;	9111

(3) At least one special education teacher, or where	9112
appropriate, at least one special education provider of the child;	9113

(4) A representative of the school district who meets all of	9114
the following:	9115

(a) Is qualified to provide, or supervise the provision of,	9116
specially designed instruction to meet the unique needs of	9117
children with disabilities;	9118

(b) Is knowledgeable about the general education curriculum;

9119

(c) Is knowledgeable about the availability of resources of	9120
the school district.	9121

(5) An individual who can interpret the instructional	9122
implications of evaluation results, who may be a member of the	9123
team as described in divisions ~~(F)~~(E)(2) to (4) of this section;	9124

(6) At the discretion of the parent or the school district,	9125
other individuals who have knowledge or special expertise	9126
regarding the child, including related services personnel as	9127
appropriate;	9128

(7) Whenever appropriate, the child with a disability.

9129

~~(G)~~(F) "Instruction in braille reading and writing" means the	9130
teaching of the system of reading and writing through touch	9131
commonly known as standard English braille.	9132

~~(H)~~(G) "Other educational agency" means a department,	9133
division, bureau, office, institution, board, commission,	9134
committee, authority, or other state or local agency, which is not	9135
a city, local, or exempted village school district or an agency	9136
administered by the department of developmental disabilities, that	9137
provides or seeks to provide special education or related services	9138
to children with disabilities. The term "other educational agency"	9139
includes a joint vocational school district.	9140

~~(I)~~(H) "Parent" of a child with a disability, except as used	9141
in sections 3323.09 and 3323.141 of the Revised Code, means:	9142

(1) A natural or adoptive parent of a child but not a foster	9143
parent of a child;	9144

(2) A guardian, but not the state if the child is a ward of	9145
the state;	9146

(3) An individual acting in the place of a natural or	9147
adoptive parent, including a grandparent, stepparent, or other	9148
relative, with whom the child lives, or an individual who is	9149
legally responsible for the child's welfare;	9150

(4) An individual assigned to be a surrogate parent, provided	9151
the individual is not prohibited by this chapter from serving as a	9152
surrogate parent for a child.	9153

~~(J)~~(I) "Preschool child with a disability" means a child with	9154
a disability who is at least three years of age but is not of	9155
compulsory school age, as defined under section 3321.01 of the	9156
Revised Code, and who is not currently enrolled in kindergarten.	9157

~~(K)~~(J) "Related services" means transportation, and such	9158
developmental, corrective, and other supportive services	9159
(including speech-language pathology and audiology services,	9160
interpreting services, psychological services, physical and	9161
occupational therapy, recreation, including therapeutic	9162
recreation, school nurse services designed to enable a child with	9163
a disability to receive a free appropriate public education as	9164
described in the individualized education program of the child,	9165
counseling services, including rehabilitation counseling,	9166
orientation and mobility services, school health services, social	9167
work services in schools, and parent counseling and training, and	9168
medical services, except that such medical services shall be for	9169
diagnostic and evaluation purposes only) as may be required to	9170
assist a child with a disability to benefit from special	9171
education, and includes the early identification and assessment of	9172
disabling conditions in children. "Related services" does not	9173
include a medical device that is surgically implanted, or the	9174
replacement of such device.	9175

~~(L)~~(K) "School district" means a city, local, or exempted	9176
village school district.	9177

~~(M)~~(L) "School district of residence," as used in sections	9178
3323.09, 3323.091, 3323.13, and 3323.14 of the Revised Code,	9179
means:	9180

(1) The school district in which the child's natural or	9181
adoptive parents reside;	9182

(2) If the school district specified in division ~~(M)~~(L)(1) of	9183
this section cannot be determined, the last school district in	9184
which the child's natural or adoptive parents are known to have	9185
resided if the parents' whereabouts are unknown;	9186

(3) If the school district specified in division ~~(M)~~(L)(2) of	9187
this section cannot be determined, the school district determined	9188
under section 2151.362 of the Revised Code, or if no district has	9189
been so determined, the school district as determined by the	9190
probate court of the county in which the child resides.	9191

(4) Notwithstanding divisions ~~(M)~~(L)(1) to (3) of this	9192
section, if a school district is required by section 3313.65 of	9193
the Revised Code to pay tuition for a child, that district shall	9194
be the child's school district of residence.	9195

~~(N)~~(M) "Special education" means specially designed	9196
instruction, at no cost to parents, to meet the unique needs of a	9197
child with a disability. "Special education" includes instruction	9198
conducted in the classroom, in the home, in hospitals and	9199
institutions, and in other settings, including an early childhood	9200
education setting, and instruction in physical education.	9201

~~(O)~~(N) "Student with a visual impairment" means any person	9202
who is less than twenty-two years of age and who has a visual	9203
impairment as that term is defined in this section.	9204

~~(P)~~(O) "Transition services" means a coordinated set of	9205
activities for a child with a disability that meet all of the	9206
following:	9207

(1) Is designed to be within a results-oriented process, that	9208
is focused on improving the academic and functional achievement of	9209
the child with a disability to facilitate the child's movement	9210
from school to post-school activities, including post-secondary	9211
education; vocational education; integrated employment (including	9212
supported employment); continuing and adult education; adult	9213
services; independent living; or community participation;	9214

(2) Is based on the individual child's needs, taking into	9215
account the child's strengths, preferences, and interests;	9216

(3) Includes instruction, related services, community	9217
experiences, the development of employment and other post-school	9218
adult living objectives, and, when appropriate, acquisition of	9219
daily living skills and functional vocational evaluation.	9220

"Transition services" for children with disabilities may be	9221
special education, if provided as specially designed instruction,	9222
or may be a related service, if required to assist a child with a	9223
disability to benefit from special education.	9224

~~(Q)~~(P) "Visual impairment" for any individual means that one	9225
of the following applies to the individual:	9226

(1) The individual has a visual acuity of 20/200 or less in	9227
the better eye with correcting lenses or has a limited field of	9228
vision in the better eye such that the widest diameter subtends an	9229
angular distance of no greater than twenty degrees.	9230

(2) The individual has a medically indicated expectation of	9231
meeting the requirements of division ~~(Q)~~(P)(1) of this section	9232
over a period of time.	9233

(3) The individual has a medically diagnosed and medically	9234
uncorrectable limitation in visual functioning that adversely	9235
affects the individual's ability to read and write standard print	9236
at levels expected of the individual's peers of comparable ability	9237
and grade level.	9238

~~(R)~~(Q) "Ward of the state" has the same meaning as in section	9239
602(36) of the "Individuals with Disabilities Education	9240
Improvement Act of 2004," 20 U.S.C. 1401(36).	9241

Sec. 3323.02. As used in this section, "IDEIA" means the	9242
"Individuals with Disabilities Education Improvement Act of 2004,"	9243
Pub. L. No. 108-446.	9244

It is the purpose of this chapter to ensure that all children	9245
with disabilities residing in this state who are at least three	9246
years of age and less than twenty-two years of age, including	9247
children with disabilities who have been suspended or expelled	9248
from school, have available to them a free appropriate public	9249
education. No school district, county DDdevelopmental	9250
disabilities board, or other educational agency shall receive	9251
state or federal funds for special education and related services	9252
unless those services for children with disabilities are provided	9253
in accordance with IDEIA and related provisions of the Code of	9254
Federal Regulations, the provisions of this chapter, rules and	9255
standards adopted by the state board of education, and any	9256
procedures or guidelines issued by the superintendent of public	9257
instruction. Any options or discretion provided to the state by	9258
IDEIA may be exercised in state law or in rules or standards	9259
adopted by the state board of education.	9260

The state board of education shall establish rules or	9261
standards for the provision of special education and related	9262
services for all children with disabilities who are at least three	9263
years of age and less than twenty-two years of age residing in the	9264
state, regardless of the severity of their disabilities, including	9265
children with disabilities who have been suspended or expelled	9266
from school. The state law and the rules or standards of the state	9267
board of education may impose requirements that are not required	9268
by IDEIA or related provisions of the Code of Federal Regulations.	9269
The school district of residence is responsible, in all instances,	9270
for ensuring that the requirements of Part B of IDEIA are met for	9271
every eligible child in its jurisdiction, regardless of whether	9272
services are provided by another school district, other	9273
educational agency, or other agency, department, or entity, unless	9274
IDEIA or related provisions of the Code of Federal Regulations,	9275
another section of this chapter, or a rule adopted by the state	9276
board of education specifies that another school district, other	9277
educational agency, or other agency, department, or entity is	9278
responsible for ensuring compliance with Part B of IDEIA.	9279

Notwithstanding division (A)(4) of section 3301.53 of the	9280
Revised Code and any rules adopted pursuant to that section and	9281
division (A) of section 3313.646 of the Revised Code, a board of	9282
education of a school district may provide special education and	9283
related services for preschool children with disabilities in	9284
accordance with this chapter and section 3301.52, divisions (A)(1)	9285
to (3) and (A)(5) and (6) of section 3301.53, and sections 3301.54	9286
to 3301.59 of the Revised Code.	9287

The superintendent of public instruction may require any	9288
state or local agency to provide documentation that special	9289
education and related services for children with disabilities	9290
provided by the agency are in compliance with the requirements of	9291
this chapter.	9292

Not later than the first day of February of each year the	9293
superintendent of public instruction shall furnish the	9294
chairpersons of the education committees of the house of	9295
representatives and the senate with a report on the status of	9296
implementation of special education and related services for	9297
children with disabilities required by this chapter. The report	9298
shall include but shall not be limited to the following items: the	9299
most recent available figures on the number of children identified	9300
as children with disabilities and the number of identified	9301
children receiving special education and related services. The	9302
information contained in these reports shall be public	9303
information.	9304

Sec. 3323.021. As used in this section, "participating	9305
county DDdevelopmental disabilities board" means a county board	9306
of developmental disabilities electing to participate in the	9307
provision of or contracting for educational services for children	9308
under division (D) of section 5126.05 of the Revised Code.	9309

(A) When a school district, educational service center, or	9310
participating county DDdevelopmental disabilities board enters	9311
into an agreement or contract with another school district,	9312
educational service center, or participating county DD	9313
developmental disabilities board to provide educational services	9314
to a disabled child during a school year, both of the following	9315
shall apply:	9316

(1) Beginning with fiscal year 1999, if the provider of the	9317
services intends to increase the amount it charges for some or all	9318
of those services during the next school year or if the provider	9319
intends to cease offering all or part of those services during the	9320
next school year, the provider shall notify the entity for which	9321
the services are provided of these intended changes no later than	9322
the first day of March of the current fiscal year.	9323

(2) Beginning with fiscal year 1999, if the entity for which	9324
services are provided intends to cease obtaining those services	9325
from the provider for the next school year or intends to change	9326
the type or amount of services it obtains from the provider for	9327
the next school year, the entity shall notify the service provider	9328
of these intended changes no later than the first day of March of	9329
the current fiscal year.	9330

(B) School districts, educational service centers,	9331
participating county DDdevelopmental disabilities boards, and	9332
other applicable governmental entities shall collaborate where	9333
possible to maximize federal sources of revenue to provide	9334
additional funds for special education related services for	9335
disabled children. Annually, each school district shall report to	9336
the department of education any amounts of such federal revenue	9337
the district received.	9338

(C) The state board of education, the department of	9339
developmental disabilities, and the department of medicaid shall	9340
develop working agreements for pursuing additional funds for	9341
services for disabled children.	9342

Sec. 3323.03. The state board of education shall, in	9343
consultation with the department of health, the department of	9344
mental health and addiction services, and the department of	9345
developmental disabilities, establish standards and procedures for	9346
the identification, location, and evaluation of all children with	9347
disabilities residing in the state, including children with	9348
disabilities who are homeless children or are wards of the state	9349
and children with disabilities attending nonpublic schools,	9350
regardless of the severity of their disabilities, and who are in	9351
need of special education and related services. The state board	9352
shall develop and implement a practical method to determine which	9353
children with disabilities are currently receiving needed special	9354
education and related services.	9355

In conducting the evaluation, the board of education of each	9356
school district shall use a variety of assessment tools and	9357
strategies to gather relevant functional, developmental, and	9358
academic information about the child, including information	9359
provided by the child's parent. The board of education of each	9360
school district, in consultation with the county DDdevelopmental	9361
disabilities board, the county family and children first council,	9362
and the board of alcohol, drug addiction, and mental health	9363
services of each county in which the school district has	9364
territory, shall identify, locate, and evaluate all children with	9365
disabilities residing within the district to determine which	9366
children with disabilities are not receiving appropriate special	9367
education and related services. In addition, the board of	9368
education of each school district, in consultation with such	9369
county boards or council, shall identify, locate, and evaluate all	9370
children with disabilities who are enrolled by their parents in	9371
nonpublic elementary and secondary schools located within the	9372
public school district, without regard to where those children	9373
reside in accordance with rules of the state board of education or	9374
guidelines of the superintendent of public instruction.	9375

Each county DDdevelopmental disabilities board, county	9376
family and children first council, and board of alcohol, drug	9377
addiction, and mental health services and the board's or council's	9378
contract agencies may transmit to boards of education the names	9379
and addresses of children with disabilities who are not receiving	9380
appropriate special education and related services.	9381

Sec. 3323.04. The state board of education, in consultation	9382
with the department of mental health and addiction services and	9383
the department of developmental disabilities, shall establish	9384
procedures and standards for the development of individualized	9385
education programs for children with disabilities.	9386

The state board shall require the board of education of each	9387
school district to develop an individualized education program for	9388
each child with a disability who is at least three years of age	9389
and less than twenty-two years of age residing in the district in	9390
a manner that is in accordance with rules of the state board.	9391

Prior to the placement of a child with a disability in a	9392
program operated under section 3323.09 of the Revised Code, the	9393
district board of education shall consult the county DD	9394
developmental disabilities board of the county in which the child	9395
resides regarding the proposed placement.	9396

A child with a disability enrolled in a nonpublic school or	9397
facility shall be provided special education and related services,	9398
in accordance with an individualized education program, at no cost	9399
for those services, if the child is placed in, or referred to,	9400
that nonpublic school or facility by the department of education	9401
or a school district.	9402

The IEP team shall review the individualized education	9403
program of each child with a disability periodically, but at least	9404
annually, to determine whether the annual goals for the child are	9405
being achieved, and shall revise the individualized education	9406
program as appropriate.	9407

The state board shall establish procedures and standards to	9408
assure that to the maximum extent appropriate, children with	9409
disabilities, including children in public or private institutions	9410
or other care facilities, shall be educated with children who are	9411
not disabled. Special classes, separate schools, or other removal	9412
of children with disabilities from the regular educational	9413
environment shall be used only when the nature or severity of a	9414
child's disability is such that education in regular classes with	9415
supplementary aids and services cannot be achieved satisfactorily.	9416

If an agency directly affected by a placement decision	9417
objects to such decision, an impartial hearing officer, appointed	9418
by the department of education from a list prepared by the	9419
department, shall conduct a hearing to review the placement	9420
decision. The agencies that are parties to a hearing shall divide	9421
the costs of such hearing equally. The decision of the hearing	9422
officer shall be final, except that any party to the hearing who	9423
is aggrieved by the findings or the decision of the hearing	9424
officer may appeal the findings or decision in accordance with	9425
division (H) of section 3323.05 of the Revised Code or the parent	9426
of any child affected by such decision may present a complaint in	9427
accordance with that section.	9428

Sec. 3323.05. The state board of education shall establish	9429
procedures to ensure that children with disabilities and their	9430
parents are guaranteed procedural safeguards under this chapter	9431
with respect to a free appropriate public education.	9432

The procedures shall include, but need not be limited to:

9433

(A) An opportunity for the parents of a child with a	9434
disability to examine all records related to the child and to	9435
participate in meetings with respect to identification,	9436
evaluation, and educational placement of the child, and to obtain	9437
an independent educational evaluation of the child;	9438

(B) Procedures to protect the rights of the child whenever	9439
the parents of the child are not known, an agency after making	9440
reasonable efforts cannot find the parents, or the child is a ward	9441
of the state, including the assignment of an individual to act as	9442
a surrogate for the parents made by the school district or other	9443
educational agency responsible for educating the child or by the	9444
court with jurisdiction over the child's custody. Such assignment	9445
shall be made in accordance with section 3323.051 of the Revised	9446
Code.	9447

(C) Prior written notice to the child's parents of a school	9448
district's proposal or refusal to initiate or change the	9449
identification, evaluation, or educational placement of the child	9450
or the provision of a free appropriate education for the child.	9451
The procedures established under this division shall:	9452

(1) Be designed to ensure that the written prior notice is in	9453
the native language of the parents, unless it clearly is not	9454
feasible to do so.	9455

(2) Specify that the prior written notice shall include:

9456

(a) A description of the action proposed or refused by the	9457
district;	9458

(b) An explanation of why the district proposes or refuses to	9459
take the action and a description of each evaluation procedure,	9460
assessment, record, or report the district used as a basis for the	9461
proposed or refused action;	9462

(c) A statement that the parents of a child with a disability	9463
have protection under the procedural safeguards and, if the notice	9464
is not in regard to an initial referral for evaluation, the means	9465
by which a copy of a description of the procedural safeguards can	9466
be obtained;	9467

(d) Sources for parents to contact to obtain assistance in	9468
understanding the provisions of Part B of the "Individuals with	9469
Disabilities Education Improvement Act of 2004";	9470

(e) A description of other options considered by the IEP team	9471
and the reason why those options were rejected;	9472

(f) A description of the factors that are relevant to the	9473
agency's proposal or refusal.	9474

(D) An opportunity for the child's parents to present	9475
complaints to the superintendent of the child's school district of	9476
residence with respect to any matter relating to the	9477
identification, evaluation, or educational placement of the child,	9478
or the provision of a free appropriate public education under this	9479
chapter.	9480

Within twenty school days after receipt of a complaint, the	9481
district superintendent or the superintendent's designee, without	9482
undue delay and at a time and place convenient to all parties,	9483
shall review the case, may conduct an administrative review, and	9484
shall notify all parties in writing of the superintendent's or	9485
designee's decision. Where the child is placed in a program	9486
operated by a county DDdevelopmental disabilities board or other	9487
educational agency, the superintendent shall consult with the	9488
administrator of that county DDdevelopmental disabilities board	9489
or agency.	9490

Any party aggrieved by the decision of the district	9491
superintendent or the superintendent's designee may file a	9492
complaint with the state board as provided under division (E) of	9493
this section, request mediation as provided under division (F) of	9494
this section, or present a due process complaint notice and	9495
request for a due process hearing in writing to the superintendent	9496
of the district, with a copy to the state board, as provided under	9497
division (G) of this section.	9498

(E) An opportunity for a party to file a complaint with the	9499
state board of education with respect to the identification,	9500
evaluation, or educational placement of the child, or the	9501
provision of a free appropriate public education to such child.	9502
The department of education shall review and, where appropriate,	9503
investigate the complaint and issue findings.	9504

(F) An opportunity for parents and a school district to	9505
resolve through mediation disputes involving any matter.	9506

(1) The procedures established under this section shall	9507
ensure that the mediation process is voluntary on the part of the	9508
parties, is not used to deny or delay a parent's right to a due	9509
process hearing or to deny any other rights afforded under this	9510
chapter, and is conducted by a qualified and impartial mediator	9511
who is trained in effective mediation techniques.	9512

(2) A school district may establish procedures to offer to	9513
parents and schools that choose not to use the mediation process,	9514
an opportunity to meet, at a time and location convenient to the	9515
parents, with a disinterested party to encourage the use, and	9516
explain the benefits, of the mediation process to the parents. The	9517
disinterested party shall be an individual who is under contract	9518
with a parent training and information center or community parent	9519
resource center in the state or is under contract with an	9520
appropriate alternative dispute resolution entity.	9521

(3) The department shall maintain a list of individuals who	9522
are qualified mediators and knowledgeable in laws and regulations	9523
relating to the provision of special education and related	9524
services.	9525

(4) The department shall bear the cost of the mediation	9526
process, including the costs of meetings described in division	9527
(F)(2) of this section.	9528

(5) Each session in the mediation process shall be scheduled	9529
in a timely manner and shall be held in a location that is	9530
convenient to the parties to the dispute.	9531

(6) Discussions that occur during the mediation process shall	9532
be confidential and shall not be used as evidence in any	9533
subsequent due process hearing or civil proceeding.	9534

(7) In the case that a resolution is reached to resolve the	9535
complaint through the mediation process, the parties shall execute	9536
a legally binding agreement that sets forth the resolution and	9537
that:	9538

(a) States that all discussions that occurred during the	9539
mediation process shall be confidential and shall not be used as	9540
evidence in any subsequent due process hearing or civil	9541
proceeding;	9542

(b) Is signed by both the parent and a representative for the	9543
school district who has the authority to bind the district;	9544

(c) Is enforceable in any state court of competent	9545
jurisdiction or in a district court of the United States.	9546

(G)(1) An opportunity for parents or a school district to	9547
present a due process complaint and request for a due process	9548
hearing to the superintendent of the school district of the	9549
child's residence with respect to the identification, evaluation,	9550
or educational placement of the child, or the provision of a free	9551
appropriate public education to the child. The party presenting	9552
the due process complaint and request for a due process hearing	9553
shall provide due process complaint notice to the other party and	9554
forward a copy of the notice to the state board. The due process	9555
complaint notice shall include:	9556

(a) The name of the child, the address of the residence of	9557
the child, or the available contact information in the case of a	9558
homeless child, and the name of the school the child is attending;	9559

(b) A description of the nature of the problem of the child	9560
relating to the proposed initiation or change, including facts	9561
relating to the problem;	9562

(c) A proposed resolution of the problem to the extent known	9563
and available to the party at the time.	9564

A party shall not have a due process hearing until the party,	9565
or the attorney representing the party, files a notice that meets	9566
the requirement for filing a due process complaint notice.	9567

A due process hearing shall be conducted by an impartial	9568
hearing officer in accordance with standards and procedures	9569
adopted by the state board. A hearing officer shall not be an	9570
employee of the state board or any agency involved in the	9571
education or care of the child or a person having a personal or	9572
professional interest that conflicts with the person's objectivity	9573
in the hearing. A hearing officer shall possess knowledge of, and	9574
the ability to understand, the provisions of the "Individuals with	9575
Disabilities Education Improvement Act of 2004," federal and state	9576
regulations pertaining to that act, and legal interpretations of	9577
that act by federal and state courts; possess the knowledge and	9578
ability to conduct hearings in accordance with appropriate	9579
standard legal practice; and possess the knowledge and ability to	9580
render and write decisions in accordance with appropriate standard	9581
legal practice. The due process requirements of section 615 of the	9582
"Individuals with Disabilities Education Improvement Act of 2004,"	9583
20 U.S.C. 1415, apply to due process complaint notices and	9584
requests for due process hearings and to due process hearings held	9585
under division (G) of this section, including, but not limited to,	9586
timelines for requesting hearings, requirements for sufficient	9587
complaint notices, resolution sessions, and sufficiency and	9588
hearing decisions.	9589

(2) Discussions that occur during a resolution session shall	9590
be confidential and shall not be used as evidence in any	9591
subsequent due process hearing or civil proceeding. If a	9592
resolution to the dispute is reached at a resolution session, the	9593
parties must execute a legally binding written settlement	9594
agreement which shall state that all discussions that occurred	9595
during the resolution process shall be confidential and shall not	9596
be used as evidence in any subsequent due process hearing or civil	9597
proceeding.	9598

(3) A party to a hearing under division (G) of this section	9599
shall be accorded:	9600

(a) The right to be accompanied and advised by counsel and by	9601
individuals with special knowledge or training with respect to the	9602
problems of children with disabilities;	9603

(b) The right to present evidence and confront,	9604
cross-examine, and compel the attendance of witnesses;	9605

(c) The right to a written or electronic verbatim record of	9606
the hearing;	9607

(d) The right to written findings of fact and decisions,	9608
which findings of fact and decisions shall be made available to	9609
the public consistent with the requirements relating to the	9610
confidentiality of personally identifiable data, information, and	9611
records collected and maintained by state educational agencies and	9612
local educational agencies; and shall be transmitted to the	9613
advisory panel established and maintained by the department for	9614
the purpose of providing policy guidance with respect to special	9615
education and related services for children with disabilities in	9616
the state.	9617

(H) An opportunity for any party aggrieved by the findings	9618
and decision rendered in a hearing under division (G) of this	9619
section to appeal within forty-five days of notification of the	9620
decision to the state board, which shall appoint a state level	9621
officer who shall review the case and issue a final order. The	9622
state level officer shall be appointed and shall review the case	9623
in accordance with standards and procedures adopted by the state	9624
board.	9625

Any party aggrieved by the final order of the state level	9626
officer may appeal the final order, in accordance with Chapter	9627
119. of the Revised Code, within forty-five days after	9628
notification of the order to the court of common pleas of the	9629
county in which the child's school district of residence is	9630
located, or to a district court of the United States within ninety	9631
days after the date of the decision of the state level review	9632
officer, as provided in section 615(i)(2) of the "Individuals with	9633
Disabilities Education Improvement Act of 2004," 20 U.S.C.	9634
1415(i)(2).	9635

Sec. 3323.09. (A) As used in this section:

9636

(1) "Home" has the meaning given in section 3313.64 of the	9637
Revised Code.	9638

(2) "Preschool child" means a child who is at least age three	9639
but under age six on the thirtieth day of September of an academic	9640
year.	9641

(B) Each county DDdevelopmental disabilities board shall	9642
establish special education programs for all children with	9643
disabilities who in accordance with section 3323.04 of the Revised	9644
Code have been placed in special education programs operated by	9645
the county board and for preschool children who are	9646
developmentally delayed or at risk of being developmentally	9647
delayed. The board annually shall submit to the department of	9648
education a plan for the provision of these programs. The	9649
superintendent of public instruction shall review the plan and	9650
approve or modify it in accordance with rules adopted by the state	9651
board of education under section 3301.07 of the Revised Code. The	9652
superintendent of public instruction shall compile the plans	9653
submitted by county boards and shall submit a comprehensive plan	9654
to the state board.	9655

A county DDdevelopmental disabilities board may combine	9656
transportation for children enrolled in classes funded under	9657
sections 3317.0213 or 3317.20 with transportation for children and	9658
adults enrolled in programs and services offered by the board	9659
under Chapter 5126. of the Revised Code.	9660

(C) A county DDdevelopmental disabilities board that during	9661
the school year provided special education pursuant to this	9662
section for any child with mental disabilities under twenty-two	9663
years of age shall prepare and submit the following reports and	9664
statements:	9665

(1) The board shall prepare a statement for each child who at	9666
the time of receiving such special education was a resident of a	9667
home and was not in the legal or permanent custody of an Ohio	9668
resident or a government agency in this state, and whose natural	9669
or adoptive parents are not known to have been residents of this	9670
state subsequent to the child's birth. The statement shall contain	9671
the child's name, the name of the child's school district of	9672
residence, the name of the county board providing the special	9673
education, and the number of months, including any fraction of a	9674
month, it was provided. Not later than the thirtieth day of June,	9675
the board shall forward a certified copy of such statement to both	9676
the director of developmental disabilities and to the home.	9677

Within thirty days after its receipt of a statement, the home	9678
shall pay tuition to the county board computed in the manner	9679
prescribed by section 3323.141 of the Revised Code.	9680

(2) The board shall prepare a report for each school district	9681
that is the school district of residence of one or more of such	9682
children for whom statements are not required by division (C)(1)	9683
of this section. The report shall contain the name of the county	9684
board providing special education, the name of each child	9685
receiving special education, the number of months, including	9686
fractions of a month, that the child received it, and the name of	9687
the child's school district of residence. Not later than the	9688
thirtieth day of June, the board shall forward certified copies of	9689
each report to the school district named in the report, the	9690
superintendent of public instruction, and the director of	9691
developmental disabilities.	9692

Sec. 3323.091. (A) The department of mental health and	9693
addiction services, the department of developmental disabilities,	9694
the department of youth services, and the department of	9695
rehabilitation and correction shall establish and maintain special	9696
education programs for children with disabilities in institutions	9697
under their jurisdiction according to standards adopted by the	9698
state board of education.	9699

(B) The superintendent of each state institution required to	9700
provide services under division (A) of this section may apply to	9701
the department of education for special education and related	9702
services funding for children with disabilities other than	9703
preschool children with disabilities, calculated in accordance	9704
with section 3317.201 of the Revised Code.	9705

Each county DDdevelopmental disabilities board providing	9706
special education for children with disabilities other than	9707
preschool children with disabilities may apply to the department	9708
of education for opportunity funds and special education and	9709
related services funding calculated in accordance with section	9710
3317.20 of the Revised Code.	9711

(C) In addition to the authorization to apply for state	9712
funding described in division (B) of this section, each state	9713
institution required to provide services under division (A) of	9714
this section is entitled to tuition payments calculated in the	9715
manner described in division (C) of this section.	9716

On or before the thirtieth day of June of each year, the	9717
superintendent of each institution that during the school year	9718
provided special education pursuant to this section shall prepare	9719
a statement for each child with a disability under twenty-two	9720
years of age who has received special education. The statement	9721
shall contain the child's data verification code assigned pursuant	9722
to division (D)(2) of section 3301.0714 of the Revised Code and	9723
the name of the child's school district of residence. Within sixty	9724
days after receipt of such statement, the department of education	9725
shall perform one of the following:	9726

(1) For any child except a preschool child with a disability	9727
described in division (C)(2) of this section, pay to the	9728
institution submitting the statement an amount equal to the	9729
tuition calculated under division (A) of section 3317.08 of the	9730
Revised Code for the period covered by the statement, and deduct	9731
the same from the amount of state funds, if any, payable under	9732
Chapter 3317. of the Revised Code, to the child's school district	9733
of residence or, if the amount of such state funds is	9734
insufficient, require the child's school district of residence to	9735
pay the institution submitting the statement an amount equal to	9736
the amount determined under this division.	9737

(2) For any preschool child with a disability, perform the	9738
following:	9739

(a) Pay to the institution submitting the statement an amount	9740
equal to the tuition calculated under division (B) of section	9741
3317.08 of the Revised Code for the period covered by the	9742
statement, except that in calculating the tuition under that	9743
section the operating expenses of the institution submitting the	9744
statement under this section shall be used instead of the	9745
operating expenses of the school district of residence;	9746

(b) Deduct from the amount of state funds, if any, payable	9747
under Chapter 3317. of the Revised Code to the child's school	9748
district of residence an amount equal to the amount paid under	9749
division (C)(2)(a) of this section.	9750

Sec. 3323.12. The board of education of a school district	9751
shall provide home instruction for children with disabilities who	9752
are at least three years of age and less than twenty-two years of	9753
age and who are unable to attend school, even with the help of	9754
special transportation. The board may arrange for the provision of	9755
home instruction for a child by a cooperative agreement or	9756
contract with a county DDdevelopmental disabilities board or	9757
other educational agency. For the purposes of determining formula	9758
ADM under section 3317.03 of the Revised Code, five hours of home	9759
instruction shall be equivalent to attendance for five school	9760
days.	9761

Sec. 3323.141. (A) When a child who is not in the legal or	9762
permanent custody of an Ohio resident or a government agency in	9763
this state and whose natural or adoptive parents are not known to	9764
have been residents of this state subsequent to the child's birth	9765
is a resident of a home as defined in section 3313.64 of the	9766
Revised Code and receives special education and related services	9767
from a school district or county DDdevelopmental disabilities	9768
board, the home shall pay tuition to the board providing the	9769
special education.	9770

(B) In the case of a child described in division (A) of this	9771
section who receives special education and related services from a	9772
school district, tuition shall be the amount determined under	9773
division (B)(1) or (2) of this section.	9774

(1) For a child other than a child described in division	9775
(B)(2) of this section the tuition shall be an amount equal to the	9776
sum of the following:	9777

(a) Tuition as determined in the manner provided for by	9778
division (B) of section 3317.081 of the Revised Code for the	9779
district that provides the special education;	9780

(b) Such excess cost as is determined by using a formula	9781
established by rule of the department of education. The excess	9782
cost computed in this section shall not be used as excess cost	9783
computed under section 3323.14 of the Revised Code.	9784

(2) For a child who is a preschool child with a disability,	9785
the tuition shall be computed as follows:	9786

(a) Determine the amount of the tuition of the district	9787
providing the education for the child as calculated under division	9788
(B) of section 3317.08 of the Revised Code;	9789

(b) For each type of special education service included in	9790
the computation of the amount of tuition under division (B)(2)(a)	9791
of this section, divide the amount determined for that computation	9792
under division (B)(2) of section 3317.08 of the Revised Code by	9793
the total number of preschool children with disabilities used for	9794
that computation under division (B)(3) of section 3317.08 of the	9795
Revised Code;	9796

(c) Determine the sum of the quotients obtained under	9797
division (B)(2)(b) of this section;	9798

(d) Determine the sum of the amounts determined under	9799
divisions (B)(2)(a) and (c) of this section.	9800

(C) In the case of a child described in division (A) of this	9801
section who receives special education and related services from a	9802
county DDdevelopmental disabilities board, tuition shall be the	9803
amount determined under division (C)(1) or (2) of this section.	9804

(1) For a child other than a child described in division	9805
(C)(2) of this section, the tuition shall be an amount equal to	9806
such board's per capita cost of providing special education and	9807
related services for children at least three but less than	9808
twenty-two years of age as determined by using a formula	9809
established by rule of the department of developmental	9810
disabilities.	9811

(2) For a child who is a preschool child with a disability,	9812
the tuition shall equal the sum of the amounts of each such	9813
board's per capita cost of providing each of the special education	9814
or related service that the child receives. The calculation of	9815
tuition shall be made by using a formula established by rule of	9816
the department of developmental disabilities. The formula for the	9817
calculation of per capita costs under division (C)(2) of this	9818
section shall be based only on each such DDdevelopmental	9819
disabilities board's cost of providing each type of special	9820
education or related service to preschool children with	9821
disabilities.	9822

(D) If a home fails to pay the tuition required under this	9823
section, the board of education or county DDdevelopmental	9824
disabilities board providing the education may recover in a civil	9825
action the tuition and the expenses incurred in prosecuting the	9826
action, including court costs and reasonable attorney's fees. If	9827
the prosecuting attorney or city director of law represents the	9828
board in such action, costs and reasonable attorney's fees awarded	9829
by the court, based upon the time spent preparing and presenting	9830
the case by the prosecuting attorney, director, or a designee of	9831
either, shall be deposited in the county or city general fund.	9832

Sec. 3323.142. As used in this section, "per pupil amount"	9833
for a preschool child with a disability included in such an	9834
approved unit means the amount determined by dividing the amount	9835
received for the classroom unit in which the child has been placed	9836
by the number of children in the unit. For any other child, "per	9837
pupil amount" means the amount paid for the child under section	9838
3317.20 of the Revised Code.	9839

When a school district places or has placed a child with a	9840
county DDdevelopmental disabilities board for special education,	9841
but another district is responsible for tuition under section	9842
3313.64 or 3313.65 of the Revised Code and the child is not a	9843
resident of the territory served by the county DDdevelopmental	9844
disabilities board, the board may charge the district responsible	9845
for tuition with the educational costs in excess of the per pupil	9846
amount received by the board under Chapter 3317. of the Revised	9847
Code. The amount of the excess cost shall be determined by the	9848
formula established by rule of the department of education under	9849
section 3323.14 of the Revised Code, and the payment for such	9850
excess cost shall be made by the school district directly to the	9851
county DDdevelopmental disabilities board.	9852

A school district board of education and the county DD	9853
developmental disabilities board that serves the school district	9854
may negotiate and contract, at or after the time of placement, for	9855
payments by the board of education to the county DDdevelopmental	9856
disabilities board for additional services provided to a child	9857
placed with the county DDdevelopmental disabilities board and	9858
whose individualized education program established pursuant to	9859
section 3323.08 of the Revised Code requires additional services	9860
that are not routinely provided children in the county DD	9861
developmental disabilities board's program but are necessary to	9862
maintain the child's enrollment and participation in the program.	9863
Additional services may include, but are not limited to,	9864
specialized supplies and equipment for the benefit of the child	9865
and instruction, training, or assistance provided by staff members	9866
other than staff members for which funding is received under	9867
Chapter 3317. of the Revised Code.	9868

Sec. 3707.20. No person, who is suffering from a contagious	9869
or infectious disease, or who has been exposed to a contagious or	9870
infectious disease, may be sent or admitted to a prison, jail,	9871
workhouse, infirmary, children's home, state hospital or	9872
institution for the blind, the mentally ill, or ~~the mentally~~	9873
~~retarded~~persons with developmental disabilities that are	9874
intellectual disabilities, or a school for the blind or deaf, or	9875
other state or county benevolent institution without first making	9876
known the facts concerning the illness or exposure to the	9877
superintendent or other person in charge thereof. When a	9878
dangerous, contagious, or infectious disease is in a jail or	9879
prison and a prisoner in the jail or prison exposed to the disease	9880
is sentenced to a state correctional institution, the prisoner	9881
shall be confined and isolated in the jail or prison or other	9882
proper place, upon the order of the proper court, for any time	9883
that is necessary to establish the fact that hethe prisoner has	9884
not contracted the disease.	9885

Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and	9886
3721.99 of the Revised Code:	9887

(1)(a) "Home" means an institution, residence, or facility	9888
that provides, for a period of more than twenty-four hours,	9889
whether for a consideration or not, accommodations to three or	9890
more unrelated individuals who are dependent upon the services of	9891
others, including a nursing home, residential care facility, home	9892
for the aging, and a veterans' home operated under Chapter 5907.	9893
of the Revised Code.	9894

(b) "Home" also means both of the following:

9895

(i) Any facility that a person, as defined in section 3702.51	9896
of the Revised Code, proposes for certification as a skilled	9897
nursing facility or nursing facility under Title XVIII or XIX of	9898
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	9899
as amended, and for which a certificate of need, other than a	9900
certificate to recategorize hospital beds as described in section	9901
3702.521 of the Revised Code or division (R)(7)(d) of the version	9902
of section 3702.51 of the Revised Code in effect immediately prior	9903
to April 20, 1995, has been granted to the person under sections	9904
3702.51 to 3702.62 of the Revised Code after August 5, 1989;	9905

(ii) A county home or district home that is or has been	9906
licensed as a residential care facility.	9907

9908

(i) Except as provided in division (A)(1)(b) of this section,	9909
a public hospital or hospital as defined in section 3701.01 or	9910
5122.01 of the Revised Code;	9911

(ii) A residential facility as defined in section 5119.34 of	9912
the Revised Code;	9913

(iii) A residential facility as defined in section 5123.19 of	9914
the Revised Code;	9915

(iv) A community addiction services provider as defined in	9916
section 5119.01 of the Revised Code;	9917

(v) A facility licensed to provide methadone treatment under	9918
section 5119.391 of the Revised Code;	9919

(vi) A facility providing services under contract with the	9920
department of developmental disabilities under section 5123.18 of	9921
the Revised Code;	9922

(vii) A facility operated by a hospice care program licensed	9923
under section 3712.04 of the Revised Code that is used exclusively	9924
for care of hospice patients;	9925

(viii) A facility operated by a pediatric respite care	9926
program licensed under section 3712.041 of the Revised Code that	9927
is used exclusively for care of pediatric respite care patients;	9928

(ix) A facility, infirmary, or other entity that is operated	9929
by a religious order, provides care exclusively to members of	9930
religious orders who take vows of celibacy and live by virtue of	9931
their vows within the orders as if related, and does not	9932
participate in the medicare program or the medicaid program if on	9933
January 1, 1994, the facility, infirmary, or entity was providing	9934
care exclusively to members of the religious order;	9935

(x) A county home or district home that has never been	9936
licensed as a residential care facility.	9937

(2) "Unrelated individual" means one who is not related to	9938
the owner or operator of a home or to the spouse of the owner or	9939
operator as a parent, grandparent, child, grandchild, brother,	9940
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	9941
uncle.	9942

(3) "Mental impairment" does not mean mental illness as	9943
defined in section 5122.01 of the Revised Code or ~~mental~~	9944
~~retardation~~developmental disability as defined in section 5123.01	9945
of the Revised Code.	9946

(4) "Skilled nursing care" means procedures that require	9947
technical skills and knowledge beyond those the untrained person	9948
possesses and that are commonly employed in providing for the	9949
physical, mental, and emotional needs of the ill or otherwise	9950
incapacitated. "Skilled nursing care" includes, but is not limited	9951
to, the following:	9952

(a) Irrigations, catheterizations, application of dressings,	9953
and supervision of special diets;	9954

(b) Objective observation of changes in the patient's	9955
condition as a means of analyzing and determining the nursing care	9956
required and the need for further medical diagnosis and treatment;	9957

9958

(d) Administration of medication by any method ordered by a	9959
physician, such as hypodermically, rectally, or orally, including	9960
observation of the patient after receipt of the medication;	9961

(e) Carrying out other treatments prescribed by the physician	9962
that involve a similar level of complexity and skill in	9963
administration.	9964

(5)(a) "Personal care services" means services including, but	9965
not limited to, the following:	9966

(i) Assisting residents with activities of daily living;

9967

(ii) Assisting residents with self-administration of	9968
medication, in accordance with rules adopted under section 3721.04	9969
of the Revised Code;	9970

(iii) Preparing special diets, other than complex therapeutic	9971
diets, for residents pursuant to the instructions of a physician	9972
or a licensed dietitian, in accordance with rules adopted under	9973
section 3721.04 of the Revised Code.	9974

(b) "Personal care services" does not include "skilled	9975
nursing care" as defined in division (A)(4) of this section. A	9976
facility need not provide more than one of the services listed in	9977
division (A)(5)(a) of this section to be considered to be	9978
providing personal care services.	9979

(6) "Nursing home" means a home used for the reception and	9980
care of individuals who by reason of illness or physical or mental	9981
impairment require skilled nursing care and of individuals who	9982
require personal care services but not skilled nursing care. A	9983
nursing home is licensed to provide personal care services and	9984
skilled nursing care.	9985

(7) "Residential care facility" means a home that provides	9986
either of the following:	9987

(a) Accommodations for seventeen or more unrelated	9988
individuals and supervision and personal care services for three	9989
or more of those individuals who are dependent on the services of	9990
others by reason of age or physical or mental impairment;	9991

(b) Accommodations for three or more unrelated individuals,	9992
supervision and personal care services for at least three of those	9993
individuals who are dependent on the services of others by reason	9994
of age or physical or mental impairment, and, to at least one of	9995
those individuals, any of the skilled nursing care authorized by	9996
section 3721.011 of the Revised Code.	9997

(8) "Home for the aging" means a home that provides services	9998
as a residential care facility and a nursing home, except that the	9999
home provides its services only to individuals who are dependent	10000
on the services of others by reason of both age and physical or	10001
mental impairment.	10002

The part or unit of a home for the aging that provides	10003
services only as a residential care facility is licensed as a	10004
residential care facility. The part or unit that may provide	10005
skilled nursing care beyond the extent authorized by section	10006
3721.011 of the Revised Code is licensed as a nursing home.	10007

(9) "County home" and "district home" mean a county home or	10008
district home operated under Chapter 5155. of the Revised Code.	10009

(B) The director of health may further classify homes. For	10010
the purposes of this chapter, any residence, institution, hotel,	10011
congregate housing project, or similar facility that meets the	10012
definition of a home under this section is such a home regardless	10013
of how the facility holds itself out to the public.	10014

(C) For purposes of this chapter, personal care services or	10015
skilled nursing care shall be considered to be provided by a	10016
facility if they are provided by a person employed by or	10017
associated with the facility or by another person pursuant to an	10018
agreement to which neither the resident who receives the services	10019
nor the resident's sponsor is a party.	10020

(D) Nothing in division (A)(4) of this section shall be	10021
construed to permit skilled nursing care to be imposed on an	10022
individual who does not require skilled nursing care.	10023

Nothing in division (A)(5) of this section shall be construed	10024
to permit personal care services to be imposed on an individual	10025
who is capable of performing the activity in question without	10026
assistance.	10027

(E) Division (A)(1)(c)(ix) of this section does not prohibit	10028
a facility, infirmary, or other entity described in that division	10029
from seeking licensure under sections 3721.01 to 3721.09 of the	10030
Revised Code or certification under Title XVIII or XIX of the	10031
"Social Security Act." However, such a facility, infirmary, or	10032
entity that applies for licensure or certification must meet the	10033
requirements of those sections or titles and the rules adopted	10034
under them and obtain a certificate of need from the director of	10035
health under section 3702.52 of the Revised Code.	10036

(F) Nothing in this chapter, or rules adopted pursuant to it,	10037
shall be construed as authorizing the supervision, regulation, or	10038
control of the spiritual care or treatment of residents or	10039
patients in any home who rely upon treatment by prayer or	10040
spiritual means in accordance with the creed or tenets of any	10041
recognized church or religious denomination.	10042

Sec. 3763.06. As used in this section, "incompetent person"	10043
means a person who is so mentally impaired as a result of a mental	10044
or physical illness or disability, or ~~mental retardation~~a	10045
developmental disability that is an intellectual disability, or as	10046
a result of chronic substance abuse, that the person is incapable	10047
of taking proper care of the person's self or property or fails to	10048
provide for the person's family or other persons for whom the	10049
person is charged by law to provide.	10050

The property, both real and personal, of a defendant against	10051
whom a judgment is rendered under sections 3763.01 to 3763.08 of	10052
the Revised Code, for fines, costs, or to recover money or any	10053
other thing of value, lost or paid, shall be liable therefor	10054
without exemption, and such judgment shall be a lien thereon until	10055
paid. If the owner of the building in which the money was lost	10056
knowingly permits it to be used for gaming purposes, such	10057
building, and the real estate upon which it stands, shall be	10058
liable therefor in a like manner. The guardian or trustee of a	10059
minor or incompetent person, permitting property under the	10060
guardian's or trustee's charge to be used for gaming purposes and	10061
to become liable on account thereof, shall be liable to the	10062
guardian's or trustee's ward for such amount.	10063

Sec. 3791.031. (A) As used in this section, "place of public	10064
assembly" means:	10065

(1) Enclosed theatres, except the lobby; opera houses;	10066
auditoriums; classrooms; elevators; rooms in which persons are	10067
confined as a matter of health care, including but not limited to	10068
a hospital room and a room in a residential care facility serving	10069
as the residence of a person living in such residential care	10070
facility;	10071

(2) All buildings and other enclosed structures owned by the	10072
state, its agencies, or political subdivisions, including but not	10073
limited to hospitals and state institutions for ~~the mentally~~	10074
~~retarded and~~ the mentally ill and persons with developmental	10075
disabilities that are intellectual disabilities; university and	10076
college buildings, except rooms within those buildings used	10077
primarily as the residences of students or other persons	10078
affiliated with the university or college; office buildings;	10079
libraries; museums; and vehicles used in public transportation.	10080
That portion of a building or other enclosed structure that is	10081
owned by the state, a state agency, or a political subdivision and	10082
that is used primarily as a food service establishment is not a	10083
place of public assembly.	10084

(3) Each portion of a building or enclosed structure that is	10085
not included in division (A)(1) or (2) of this section is a place	10086
of public assembly if it has a seating capacity of fifty or more	10087
persons and is available to the public. Restaurants, food service	10088
establishments, dining rooms, cafes, cafeterias, or other rooms	10089
used primarily for the service of food, as well as bowling alleys	10090
and places licensed by the division of liquor control to sell	10091
intoxicating beverages for consumption on the premises, are not	10092
places of public assembly.	10093

(B) For the purpose of separating persons who smoke from	10094
persons who do not smoke for the comfort and health of persons not	10095
smoking, in every place of public assembly there shall be an area	10096
where smoking is not permitted, which shall be designated a no	10097
smoking area; provided that, no more than one-half of the rooms in	10098
any health care facility in which persons are confined as a matter	10099
of health care may be designated as smoking areas in their	10100
entirety. The designation shall be made before the place of public	10101
assembly is made available to the public. In places included in	10102
division (A)(1) of this section, the local fire authority having	10103
jurisdiction shall designate the no smoking area. In places	10104
included in division (A)(2) of this section that are owned by the	10105
state or its agencies, except the capitol square, the director of	10106
administrative services shall designate the area, and if the place	10107
is owned by a political subdivision, its legislative authority	10108
shall designate an officer who shall designate the area. The house	10109
rules committee shall designate the no smoking areas in all	10110
capitol square spaces used by the house of representatives; the	10111
senate rules committee shall designate the no smoking areas in all	10112
capitol square spaces used by the senate and the legislative	10113
service commission; the capitol square review and advisory board	10114
shall designate the no smoking areas in all other spaces in the	10115
capitol square. In places included in division (A)(3) of this	10116
section, the person having control of the operations of the place	10117
of public assembly shall designate the no smoking area. In places	10118
included in division (A)(2) of this section which are also	10119
included in division (A)(1) of this section, the officer who has	10120
authority to designate the area in places in division (A)(2) of	10121
this section shall designate the no smoking area. A no smoking	10122
area may include the entire place of public assembly. Designations	10123
shall be made by the placement of signs that are clearly visible	10124
and that state "no smoking." No person shall remove signs from	10125
areas designated as no smoking areas.	10126

(C) This section does not affect or modify the prohibition	10127
contained in division (B) of section 3313.751 of the Revised Code.	10128

(D) No person shall smoke in any area designated as a no	10129
smoking area in accordance with division (B) of this section.	10130

(E) Whoever violates this section is guilty of a minor	10131
misdemeanor.	10132

Sec. 3923.24. (A) Notwithstanding section 3901.71 of the	10133
Revised Code, every certificate furnished by an insurer in	10134
connection with, or pursuant to any provision of, any group	10135
sickness and accident insurance policy delivered, issued for	10136
delivery, renewed, or used in this state on or after January 1,	10137
1972, every policy of sickness and accident insurance delivered,	10138
issued for delivery, renewed, or used in this state on or after	10139
January 1, 1972, and every multiple employer welfare arrangement	10140
offering an insurance program, which provides that coverage of an	10141
unmarried dependent child of a parent or legal guardian will	10142
terminate upon attainment of the limiting age for dependent	10143
children specified in the contract shall also provide in substance	10144
both of the following:	10145

(1) Once an unmarried child has attained the limiting age for	10146
dependent children, as provided in the policy, upon the request of	10147
the insured, the insurer shall offer to cover the unmarried child	10148
until the child attains twenty-eight years of age if all of the	10149
following are true:	10150

(a) The child is the natural child, stepchild, or adopted	10151
child of the insured.	10152

(b) The child is a resident of this state or a full-time	10153
student at an accredited public or private institution of higher	10154
education.	10155

(c) The child is not employed by an employer that offers any	10156
health benefit plan under which the child is eligible for	10157
coverage.	10158

(d) The child is not eligible for the medicaid program or the	10159
medicare program.	10160

(2) That attainment of the limiting age for dependent	10161
children shall not operate to terminate the coverage of a	10162
dependent child if the child is and continues to be both of the	10163
following:	10164

(a) Incapable of self-sustaining employment by reason of	10165
~~mental retardation or~~ physical handicap or a developmental	10166
disability that is an intellectual disability;	10167

(b) Primarily dependent upon the policyholder or certificate	10168
holder for support and maintenance.	10169

(B) Proof of such incapacity and dependence for purposes of	10170
division (A)(2) of this section shall be furnished by the	10171
policyholder or by the certificate holder to the insurer within	10172
thirty-one days of the child's attainment of the limiting age.	10173
Upon request, but not more frequently than annually after the	10174
two-year period following the child's attainment of the limiting	10175
age, the insurer may require proof satisfactory to it of the	10176
continuance of such incapacity and dependency.	10177

(C) Nothing in this section shall require an insurer to cover	10178
a dependent child who ~~is mentally retarded or physically~~	10179
~~handicapped~~has a physical handicap or a developmental disability	10180
that is an intellectual disability if the contract is underwritten	10181
on evidence of insurability based on health factors set forth in	10182
the application, or if such dependent child does not satisfy the	10183
conditions of the contract as to any requirement for evidence of	10184
insurability or other provision of the contract, satisfaction of	10185
which is required for coverage thereunder to take effect. In any	10186
such case, the terms of the contract shall apply with regard to	10187
the coverage or exclusion of the dependent from such coverage.	10188
Nothing in this section shall apply to accidental death or	10189
dismemberment benefits provided by any such policy of sickness and	10190
accident insurance.	10191

(D) Nothing in this section shall do any of the following:

10192

(1) Require that any policy offer coverage for dependent	10193
children or provide coverage for an unmarried dependent child's	10194
children as dependents on the policy;	10195

(2) Require an employer to pay for any part of the premium	10196
for an unmarried dependent child that has attained the limiting	10197
age for dependents, as provided in the policy;	10198

(3) Require an employer to offer health insurance coverage to	10199
the dependents of any employee.	10200

(E) This section does not apply to any policies or	10201
certificates covering only accident, credit, dental, disability	10202
income, long-term care, hospital indemnity, medicare supplement,	10203
specified disease, or vision care; coverage under a	10204
one-time-limited-duration policy of not longer than six months;	10205
coverage issued as a supplement to liability insurance; insurance	10206
arising out of a workers' compensation or similar law; automobile	10207
medical-payment insurance; or insurance under which benefits are	10208
payable with or without regard to fault and that is statutorily	10209
required to be contained in any liability insurance policy or	10210
equivalent self-insurance.	10211

(F) As used in this section, "health benefit plan" has the	10212
same meaning as in section 3924.01 of the Revised Code and also	10213
includes both of the following:	10214

(1) A public employee benefit plan;

10215

(2) A health benefit plan as regulated under the "Employee	10216
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	10217

Sec. 3923.241. (A) Notwithstanding section 3901.71 of the	10218
Revised Code, any public employee benefit plan that provides that	10219
coverage of an unmarried dependent child will terminate upon	10220
attainment of the limiting age for dependent children specified in	10221
the plan shall also provide in substance both of the following:	10222

(1) Once an unmarried child has attained the limiting age for	10223
dependent children, as provided in the plan, upon the request of	10224
the employee, the public employee benefit plan shall offer to	10225
cover the unmarried child until the child attains twenty-eight	10226
years of age if all of the following are true:	10227

(a) The child is the natural child, stepchild, or adopted	10228
child of the employee.	10229

(b) The child is a resident of this state or a full-time	10230
student at an accredited public or private institution of higher	10231
education.	10232

(c) The child is not employed by an employer that offers any	10233
health benefit plan under which the child is eligible for	10234
coverage.	10235

(d) The child is not eligible for the medicaid program or the	10236
medicare program.	10237

(2) That attainment of the limiting age for dependent	10238
children shall not operate to terminate the coverage of a	10239
dependent child if the child is and continues to be both of the	10240
following:	10241

(a) Incapable of self-sustaining employment by reason of	10242
~~mental retardation or~~ physical handicap or a developmental	10243
disability that is an intellectual disability;	10244

(b) Primarily dependent upon the plan member for support and	10245
maintenance.	10246

(B) Proof of incapacity and dependence for purposes of	10247
division (A)(2) of this section shall be furnished to the public	10248
employee benefit plan within thirty-one days of the child's	10249
attainment of the limiting age. Upon request, but not more	10250
frequently than annually, the public employee benefit plan may	10251
require proof satisfactory to it of the continuance of such	10252
incapacity and dependency.	10253

10254

(1) Require that any public employee benefit plan offer	10255
coverage for dependent children or provide coverage for an	10256
unmarried dependent child's children as dependents on the public	10257
employee benefit plan;	10258

(2) Require an employer to pay for any part of the premium	10259
for an unmarried dependent child that has attained the limiting	10260
age for dependents, as provided in the plan;	10261

(3) Require an employer to offer health insurance coverage to	10262
the dependents of any employee.	10263

(D) This section does not apply to any public employee	10264
benefit plan covering only accident, credit, dental, disability	10265
income, long-term care, hospital indemnity, medicare supplement,	10266
specified disease, or vision care; coverage under a	10267
one-time-limited-duration policy of not longer than six months;	10268
coverage issued as a supplement to liability insurance; insurance	10269
arising out of a workers' compensation or similar law; automobile	10270
medical-payment insurance; or insurance under which benefits are	10271
payable with or without regard to fault and which is statutorily	10272
required to be contained in any liability insurance policy or	10273
equivalent self-insurance.	10274

(E) As used in this section, "health benefit plan" has the	10275
same meaning as in section 3924.01 of the Revised Code and also	10276
includes both of the following:	10277

(1) A public employee benefit plan;

10278

(2) A health benefit plan as regulated under the "Employee	10279
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	10280

Sec. 4112.01. (A) As used in this chapter:

10281

(1) "Person" includes one or more individuals, partnerships,	10282
associations, organizations, corporations, legal representatives,	10283
trustees, trustees in bankruptcy, receivers, and other organized	10284
groups of persons. "Person" also includes, but is not limited to,	10285
any owner, lessor, assignor, builder, manager, broker,	10286
salesperson, appraiser, agent, employee, lending institution, and	10287
the state and all political subdivisions, authorities, agencies,	10288
boards, and commissions of the state.	10289

(2) "Employer" includes the state, any political subdivision	10290
of the state, any person employing four or more persons within the	10291
state, and any person acting directly or indirectly in the	10292
interest of an employer.	10293

(3) "Employee" means an individual employed by any employer	10294
but does not include any individual employed in the domestic	10295
service of any person.	10296

(4) "Labor organization" includes any organization that	10297
exists, in whole or in part, for the purpose of collective	10298
bargaining or of dealing with employers concerning grievances,	10299
terms or conditions of employment, or other mutual aid or	10300
protection in relation to employment.	10301

(5) "Employment agency" includes any person regularly	10302
undertaking, with or without compensation, to procure	10303
opportunities to work or to procure, recruit, refer, or place	10304
employees.	10305

(6) "Commission" means the Ohio civil rights commission	10306
created by section 4112.03 of the Revised Code.	10307

(7) "Discriminate" includes segregate or separate.

10308

(8) "Unlawful discriminatory practice" means any act	10309
prohibited by section 4112.02, 4112.021, or 4112.022 of the	10310
Revised Code.	10311

(9) "Place of public accommodation" means any inn,	10312
restaurant, eating house, barbershop, public conveyance by air,	10313
land, or water, theater, store, other place for the sale of	10314
merchandise, or any other place of public accommodation or	10315
amusement of which the accommodations, advantages, facilities, or	10316
privileges are available to the public.	10317

(10) "Housing accommodations" includes any building or	10318
structure, or portion of a building or structure, that is used or	10319
occupied or is intended, arranged, or designed to be used or	10320
occupied as the home residence, dwelling, dwelling unit, or	10321
sleeping place of one or more individuals, groups, or families	10322
whether or not living independently of each other; and any vacant	10323
land offered for sale or lease. "Housing accommodations" also	10324
includes any housing accommodations held or offered for sale or	10325
rent by a real estate broker, salesperson, or agent, by any other	10326
person pursuant to authorization of the owner, by the owner, or by	10327
the owner's legal representative.	10328

(11) "Restrictive covenant" means any specification limiting	10329
the transfer, rental, lease, or other use of any housing	10330
accommodations because of race, color, religion, sex, military	10331
status, familial status, national origin, disability, or ancestry,	10332
or any limitation based upon affiliation with or approval by any	10333
person, directly or indirectly, employing race, color, religion,	10334
sex, military status, familial status, national origin,	10335
disability, or ancestry as a condition of affiliation or approval.	10336

(12) "Burial lot" means any lot for the burial of deceased	10337
persons within any public burial ground or cemetery, including,	10338
but not limited to, cemeteries owned and operated by municipal	10339
corporations, townships, or companies or associations incorporated	10340
for cemetery purposes.	10341

(13) "Disability" means a physical or mental impairment that	10342
substantially limits one or more major life activities, including	10343
the functions of caring for one's self, performing manual tasks,	10344
walking, seeing, hearing, speaking, breathing, learning, and	10345
working; a record of a physical or mental impairment; or being	10346
regarded as having a physical or mental impairment.	10347

(14) Except as otherwise provided in section 4112.021 of the	10348
Revised Code, "age" means at least forty years old.	10349

(15) "Familial status" means either of the following:

10350

(a) One or more individuals who are under eighteen years of	10351
age and who are domiciled with a parent or guardian having legal	10352
custody of the individual or domiciled, with the written	10353
permission of the parent or guardian having legal custody, with a	10354
designee of the parent or guardian;	10355

(b) Any person who is pregnant or in the process of securing	10356
legal custody of any individual who is under eighteen years of	10357
age.	10358

(16)(a) Except as provided in division (A)(16)(b) of this	10359
section, "physical or mental impairment" includes any of the	10360
following:	10361

(i) Any physiological disorder or condition, cosmetic	10362
disfigurement, or anatomical loss affecting one or more of the	10363
following body systems: neurological; musculoskeletal; special	10364
sense organs; respiratory, including speech organs;	10365
cardiovascular; reproductive; digestive; genito-urinary; hemic and	10366
lymphatic; skin; and endocrine;	10367

(ii) Any mental or psychological disorder, including, but not	10368
limited to, ~~mental retardation~~developmental disabilities that are	10369
intellectual disabilities, organic brain syndrome, emotional or	10370
mental illness, and specific learning disabilities;	10371

(iii) Diseases and conditions, including, but not limited to,	10372
orthopedic, visual, speech, and hearing impairments, cerebral	10373
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,	10374
cancer, heart disease, diabetes, human immunodeficiency virus	10375
infection, ~~mental retardation~~developmental disabilities that are	10376
intellectual disabilities, emotional illness, drug addiction, and	10377
alcoholism.	10378

(b) "Physical or mental impairment" does not include any of	10379
the following:	10380

(i) Homosexuality and bisexuality;

10381

(ii) Transvestism, transsexualism, pedophilia, exhibitionism,	10382
voyeurism, gender identity disorders not resulting from physical	10383
impairments, or other sexual behavior disorders;	10384

(iii) Compulsive gambling, kleptomania, or pyromania;

10385

(iv) Psychoactive substance use disorders resulting from the	10386
current illegal use of a controlled substance or the current use	10387
of alcoholic beverages.	10388

(17) "Dwelling unit" means a single unit of residence for a	10389
family of one or more persons.	10390

(18) "Common use areas" means rooms, spaces, or elements	10391
inside or outside a building that are made available for the use	10392
of residents of the building or their guests, and includes, but is	10393
not limited to, hallways, lounges, lobbies, laundry rooms, refuse	10394
rooms, mail rooms, recreational areas, and passageways among and	10395
between buildings.	10396

(19) "Public use areas" means interior or exterior rooms or	10397
spaces of a privately or publicly owned building that are made	10398
available to the general public.	10399

(20) "Controlled substance" has the same meaning as in	10400
section 3719.01 of the Revised Code.	10401

(21) "Disabled tenant" means a tenant or prospective tenant	10402
who is a person with a disability.	10403

(22) "Military status" means a person's status in "service in	10404
the uniformed services" as defined in section 5923.05 of the	10405
Revised Code.	10406

(23) "Aggrieved person" includes both of the following:

10407

(a) Any person who claims to have been injured by any	10408
unlawful discriminatory practice described in division (H) of	10409
section 4112.02 of the Revised Code;	10410

(b) Any person who believes that the person will be injured	10411
by, any unlawful discriminatory practice described in division (H)	10412
of section 4112.02 of the Revised Code that is about to occur.	10413

(B) For the purposes of divisions (A) to (F) of section	10414
4112.02 of the Revised Code, the terms "because of sex" and "on	10415
the basis of sex" include, but are not limited to, because of or	10416
on the basis of pregnancy, any illness arising out of and	10417
occurring during the course of a pregnancy, childbirth, or related	10418
medical conditions. Women affected by pregnancy, childbirth, or	10419
related medical conditions shall be treated the same for all	10420
employment-related purposes, including receipt of benefits under	10421
fringe benefit programs, as other persons not so affected but	10422
similar in their ability or inability to work, and nothing in	10423
division (B) of section 4111.17 of the Revised Code shall be	10424
interpreted to permit otherwise. This division shall not be	10425
construed to require an employer to pay for health insurance	10426
benefits for abortion, except where the life of the mother would	10427
be endangered if the fetus were carried to term or except where	10428
medical complications have arisen from the abortion, provided that	10429
nothing in this division precludes an employer from providing	10430
abortion benefits or otherwise affects bargaining agreements in	10431
regard to abortion.	10432

Sec. 4303.272. As used in this section, "incompetent person"	10433
means a person who is so mentally impaired as a result of a mental	10434
or physical illness or disability, or ~~mental retardation~~a	10435
developmental disability that is an intellectual disability, or as	10436
a result of chronic substance abuse, that the person is incapable	10437
of taking proper care of the person's self or property or fails to	10438
provide for the person's family or other persons for whom the	10439
person is charged by law to provide.	10440

Any permit holder whose permit premises are destroyed or made	10441
unusable for any cause, or whose tenancy is terminated for any	10442
cause, shall deliver the permit holder's permit to the division of	10443
liquor control for safekeeping until such time as the original	10444
permit premises are made available for occupancy or new premises	10445
are secured by the permit holder or until new premises are secured	10446
by the permit holder outside the precinct affected by a local	10447
option election.	10448

Unless the permit is to be cancelled as the result of a local	10449
option election held pursuant to section 4301.352 of the Revised	10450
Code, a permit holder whose permit is to be restricted or	10451
cancelled as the result of a local option election pursuant to	10452
sections 4301.32 to 4301.41 and 4305.14 of the Revised Code may,	10453
within the thirty-day period after the certification of the	10454
results of the election to the division, deliver the permit to the	10455
division for safekeeping subject to the renewal and transfer	10456
provision of this section. A permit holder whose permit is to be	10457
cancelled as the result of a local option election held pursuant	10458
to section 4301.352 of the Revised Code is not entitled to deliver	10459
the permit to the division for safekeeping.	10460

If, as the result of the election, the use of a permit is	10461
made wholly unlawful and the permit holder does not deliver or is	10462
not entitled to deliver the permit to the division for safekeeping	10463
as provided in this section, the division shall forthwith cancel	10464
and pick up the permit.	10465

During the period of time that a permit is held in	10466
safekeeping by the division, the permit holder shall be allowed to	10467
transfer the permit to other premises, subject to the provisions	10468
of Chapters 4301. and 4303. of the Revised Code.	10469

If the expiration date of a permit occurs during the time it	10470
is held in safekeeping, the permit shall be renewed by the	10471
division if the permit holder complies with the other provisions	10472
of Chapters 4301. and 4303. of the Revised Code, pertaining to the	10473
renewal of a permit. The division shall issue and then retain the	10474
renewed permit until the original permit premises become available	10475
for occupancy by the permit holder or until the permit holder	10476
secures other premises. The division shall return to the permit	10477
holder a permit renewed while in safekeeping when the original	10478
permit premises are made available for occupancy or new permit	10479
premises are secured by the permit holder, if the premises meet	10480
the requirements of Chapters 4301. and 4303. of the Revised Code.	10481

A permit renewed while in safekeeping shall be considered in	10482
full force and effect and may be transferred by the division.	10483

Should the permit holder be adjudged an incompetent person or	10484
die while the permit holder's permit is in safekeeping, the permit	10485
shall be transferred, upon application, by the division to the	10486
guardian, administrator, executor, or other fiduciary of the	10487
permit holder who shall have the same rights to the transfer,	10488
return, and renewal of the permit as is provided in this section	10489
for the permit holder.	10490

A permit held in safekeeping shall not be renewed more than	10491
once while so held, unless the building from which the permit was	10492
taken for safekeeping or the building to which the permit is to be	10493
transferred is under construction or reconstruction, in which	10494
event the permit shall be held in safekeeping and shall, upon the	10495
application of the permit holder, be renewed at each expiration	10496
date until the construction or reconstruction of the building is	10497
completed.	10498

Sec. 4399.05. As used in this section, "incompetent person"	10499
means a person who is so mentally impaired as a result of a mental	10500
or physical illness or disability, or ~~mental retardation~~a	10501
developmental disability that is an intellectual disability, or as	10502
a result of chronic substance abuse, that the person is incapable	10503
of taking proper care of the person's self or property or fails to	10504
provide for the person's family or other persons for whom the	10505
person is charged by law to provide.	10506

If a person rents or leases to another a building or premises	10507
to be used or occupied, in whole or in part, for the sale of	10508
intoxicating liquors, or permits such building or premises to be	10509
so used or occupied, such building or premises shall be liable for	10510
and may be sold to pay all fines, costs, and damages assessed	10511
against a person occupying them. Proceedings may be had to subject	10512
them to the payment of such fine and costs assessed or judgment	10513
recovered, or part remaining unpaid, either before or after	10514
execution issues against the property of the person against whom	10515
such fine and costs or judgment have been adjudged or assessed.	10516
When execution issues against the property leased or rented, the	10517
officer shall proceed to satisfy it out of the building or	10518
premises so leased or occupied.	10519

If such building or premises belong to a minor or incompetent	10520
person, the guardian having control thereof shall be liable and	10521
account to the guardian's ward for all damages on account of such	10522
use and occupation, and the liabilities for such fines, costs, and	10523
damages.	10524

Sec. 4723.071. (A) As used in this section, "health-related	10525
activities," "~~MR/DD~~developmental disabilities personnel,"	10526
"prescribed medication," and "tube feeding" have the same meanings	10527
as in section 5123.41 of the Revised Code.	10528

(B) The board of nursing shall adopt rules as it considers	10529
necessary to govern nursing delegation as it applies to ~~MR/DD~~	10530
developmental disabilities personnel who administer prescribed	10531
medications, perform health-related activities, and perform tube	10532
feedings pursuant to the authority granted under section 5123.42	10533
of the Revised Code. The board shall not establish in the rules	10534
any requirement that is inconsistent with the authority of ~~MR/DD~~	10535
developmental disabilities personnel granted under that section.	10536
The rules shall be adopted in accordance with Chapter 119. of the	10537
Revised Code.	10538

(C) The board of nursing may accept complaints from any	10539
person or government entity regarding the performance or	10540
qualifications of ~~MR/DD~~developmental disabilities personnel who	10541
administer prescribed medications, perform health-related	10542
activities, and perform tube feedings pursuant to the authority	10543
granted under section 5123.42 of the Revised Code. The board shall	10544
refer all complaints received to the department of developmental	10545
disabilities. The board may participate in an investigation of a	10546
complaint being conducted by the department under section 5123.421	10547
of the Revised Code.	10548

Sec. 4757.41. (A) This chapter shall not apply to the	10549
following:	10550

(1) A person certified by the state board of education under	10551
Chapter 3319. of the Revised Code while performing any services	10552
within the person's scope of employment by a board of education or	10553
by a private school meeting the standards prescribed by the state	10554
board of education under division (D) of section 3301.07 of the	10555
Revised Code or in a program operated under Chapter 5126. of the	10556
Revised Code for training individuals with ~~mental retardation or~~	10557
~~other~~ developmental disabilities;	10558

(2) Psychologists or school psychologists licensed under	10559
Chapter 4732. of the Revised Code;	10560

(3) Members of other professions licensed, certified, or	10561
registered by this state while performing services within the	10562
recognized scope, standards, and ethics of their respective	10563
professions;	10564

(4) Rabbis, priests, Christian science practitioners, clergy,	10565
or members of religious orders and other individuals participating	10566
with them in pastoral counseling when the counseling activities	10567
are within the scope of the performance of their regular or	10568
specialized ministerial duties and are performed under the	10569
auspices or sponsorship of an established and legally cognizable	10570
church, denomination, or sect or an integrated auxiliary of a	10571
church as defined in federal tax regulations, paragraph (g)(5) of	10572
26 C.F.R. 1.6033-2 (1995), and when the individual rendering the	10573
service remains accountable to the established authority of that	10574
church, denomination, sect, or integrated auxiliary;	10575

(5) Any person who is not licensed under this chapter as a	10576
licensed professional clinical counselor, licensed professional	10577
counselor, independent social worker, or social worker and is	10578
employed in the civil service as defined in section 124.01 of the	10579
Revised Code while engaging in professional counseling or social	10580
work as a civil service employee, if on ~~the effective date of this~~	10581
~~amendment~~July 10, 2014, the person has at least two years of	10582
service in that capacity;	10583

(6) A student in an accredited educational institution while	10584
carrying out activities that are part of the student's prescribed	10585
course of study if the activities are supervised as required by	10586
the educational institution and if the student does not hold	10587
herself or himself out as a person licensed or registered under	10588
this chapter;	10589

(7) Individuals who hold a license or certificate under	10590
Chapter 4758. of the Revised Code who are acting within the scope	10591
of their license or certificate as members of the profession of	10592
chemical dependency counseling or alcohol and other drug	10593
prevention services;	10594

(8) Any person employed by the American red cross while	10595
engaging in activities relating to services for military families	10596
and veterans and disaster relief, as described in the "American	10597
National Red Cross Act," 33 Stat. 599 (1905), 36 U.S.C.A. 1, as	10598
amended;	10599

(9) Members of labor organizations who hold union counselor	10600
certificates while performing services in their official capacity	10601
as union counselors;	10602

(10) Any person employed in a hospital as defined in section	10603
3727.01 of the Revised Code or in a nursing home as defined in	10604
section 3721.01 of the Revised Code while providing as a hospital	10605
employee or nursing home employee, respectively, social services	10606
other than counseling and the use of psychosocial interventions	10607
and social psychotherapy;	10608

(11) A vocational rehabilitation professional who is	10609
providing rehabilitation services to individuals under section	10610
3304.17 of the Revised Code, or holds certification by the	10611
commission on rehabilitation counselor certification and is	10612
providing rehabilitation counseling services consistent with the	10613
commission's standards;	10614

(12) A caseworker not licensed under this chapter as an	10615
independent social worker or social worker who is employed by a	10616
public children services agency under section 5153.112 of the	10617
Revised Code.	10618

(B) Divisions (A)(5) and (10) of this section do not prevent	10619
a person described in those divisions from obtaining a license or	10620
certificate of registration under this chapter.	10621

(C) Except as provided in divisions (A) and (D) of this	10622
section, no employee in the service of the state, including public	10623
employees as defined by Chapter 4117. of the Revised Code, shall	10624
engage in the practice of professional counseling, social work, or	10625
marriage and family therapy without the appropriate license issued	10626
by the board. Failure to comply with this division constitutes	10627
nonfeasance under section 124.34 of the Revised Code or just cause	10628
under a collective bargaining agreement. Nothing in this division	10629
restricts the director of administrative services from developing	10630
new classifications related to this division or from reassigning	10631
affected employees to appropriate classifications based on the	10632
employee's duties and qualifications.	10633

(D) Except as provided in division (A) of this section, an	10634
employee who was engaged in the practice of professional	10635
counseling, social work, or marriage and family therapy in the	10636
service of the state prior to ~~the effective date of this amendment~~	10637
July 10, 2014, including public employees as defined by Chapter	10638
4117. of the Revised Code, shall comply with division (C) of this	10639
section within two years after ~~the effective date of this~~	10640
~~amendment~~July 10, 2014. Any such employee who fails to comply	10641
shall be removed from employment.	10642

(E) Nothing in this chapter prevents a public children	10643
services agency from employing as a caseworker a person not	10644
licensed under this chapter as an independent social worker or	10645
social worker who has the qualifications specified in section	10646
5153.112 of the Revised Code.	10647

Sec. 4971.16. As used in this section, "incompetent person"	10648
means a person who is so mentally impaired as a result of a mental	10649
or physical illness or disability, or ~~mental retardation~~a	10650
developmental disability that is an intellectual disability, or as	10651
a result of chronic substance abuse, that the person is incapable	10652
of taking proper care of the person's self or property or fails to	10653
provide for the person's family or other persons for whom the	10654
person is charged by law to provide.	10655

Persons in interest who fail to become parties to the	10656
agreement within the four-month period referred to in section	10657
4971.14 of the Revised Code are entitled to the same rights,	10658
interest, estate, remedy, liens, and action, and none other, which	10659
parties in interest of like class and amount who signed the	10660
agreement obtained by and under it. If a person in interest fails	10661
for six years after the publication of the notice mentioned in	10662
such section to apply at the principal office of the company,	10663
either in person or by proxy, to become a party in interest in the	10664
agreement, such person, unless an infant or incompetent person,	10665
shall be barred of all interest, claim, right, or action under the	10666
agreement or otherwise. In case of such disability such rights	10667
shall be extended for two years after the termination of the	10668
disability.	10669

Sec. 5101.46. (A) As used in this section:

10670

(1) "Title XX" means Title XX of the "Social Security Act,"	10671
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	10672

(2) "Respective local agency" means, with respect to the	10673
department of job and family services, a county department of job	10674
and family services; with respect to the department of mental	10675
health and addiction services, a board of alcohol, drug addiction,	10676
and mental health services; and with respect to the department of	10677
developmental disabilities, a county board of developmental	10678
disabilities.	10679

(3) "Federal poverty guidelines" means the poverty guidelines	10680
as revised annually by the United States department of health and	10681
human services in accordance with section 673(2) of the "Omnibus	10682
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	10683
9902, as amended, for a family size equal to the size of the	10684
family of the person whose income is being determined.	10685

(B) The departments of job and family services, mental	10686
health, and developmental disabilities, with their respective	10687
local agencies, shall administer the provision of social services	10688
funded through grants made under Title XX. The social services	10689
furnished with Title XX funds shall be directed at the following	10690
goals:	10691

(1) Achieving or maintaining economic self-support to	10692
prevent, reduce, or eliminate dependency;	10693

(2) Achieving or maintaining self-sufficiency, including	10694
reduction or prevention of dependency;	10695

(3) Preventing or remedying neglect, abuse, or exploitation	10696
of children and adults unable to protect their own interests, or	10697
preserving, rehabilitating, or reuniting families;	10698

(4) Preventing or reducing inappropriate institutional care	10699
by providing for community-based care, home-based care, or other	10700
forms of less intensive care;	10701

(5) Securing referral or admission for institutional care	10702
when other forms of care are not appropriate, or providing	10703
services to individuals in institutions.	10704

(C)(1) All federal funds received under Title XX shall be	10705
appropriated as follows:	10706

(a) Seventy-two and one-half per cent to the department of	10707
job and family services;	10708

(b) Twelve and ninety-three one-hundredths per cent to the	10709
department of mental health and addiction services;	10710

(c) Fourteen and fifty-seven one-hundredths per cent to the	10711
department of developmental disabilities.	10712

(2) Each of the state departments shall, subject to the	10713
approval of the controlling board, develop a formula for the	10714
distribution of the Title XX funds appropriated to the department	10715
to its respective local agencies. The formula developed by each	10716
state department shall take into account all of the following for	10717
each of its respective local agencies:	10718

(a) The total population of the area that is served by the	10719
respective local agency;	10720

(b) The percentage of the population in the area served that	10721
falls below the federal poverty guidelines;	10722

(c) The respective local agency's history of and ability to	10723
utilize Title XX funds.	10724

(3) Each of the state departments shall expend for state	10725
administrative costs not more than three per cent of the Title XX	10726
funds appropriated to the department.	10727

Each state department shall establish for each of its	10728
respective local agencies the maximum percentage of the Title XX	10729
funds distributed to the respective local agency that the	10730
respective local agency may expend for local administrative costs.	10731
The percentage shall be established by rule and shall comply with	10732
federal law governing the use of Title XX funds. The rules shall	10733
be adopted in accordance with section 111.15 of the Revised Code	10734
as if they were internal management rules.	10735

(4) The department of job and family services shall expend	10736
for the training of the following not more than two per cent of	10737
the Title XX funds appropriated to the department:	10738

(a) Employees of county departments of job and family	10739
services;	10740

(b) Providers of services under contract with the state	10741
departments' respective local agencies;	10742

(c) Employees of a public children services agency directly	10743
engaged in providing Title XX services.	10744

(5) Title XX funds distributed for the purpose of providing	10745
family planning services shall be distributed by the respective	10746
local agencies according to the same order of priority that	10747
applies to the department of job and family services under section	10748
5101.101 of the Revised Code.	10749

(D) The department of job and family services shall prepare	10750
an annual comprehensive Title XX social services plan on the	10751
intended use of Title XX funds. The department shall develop a	10752
method for obtaining public comment during the development of the	10753
plan and following its completion.	10754

For each federal fiscal year, the department of job and	10755
family services shall prepare a report on the actual use of Title	10756
XX funds. The department shall make the annual report available	10757
for public inspection.	10758

The departments of mental health and addiction services and	10759
developmental disabilities shall prepare and submit to the	10760
department of job and family services the portions of each annual	10761
plan and report that apply to services for mental health and	10762
~~mental retardation and~~ developmental disabilities. Each respective	10763
local agency of the three state departments shall submit	10764
information as necessary for the preparation of annual plans and	10765
reports.	10766

(E) Each county department of job and family services shall	10767
adopt a county profile for the administration and provision of	10768
Title XX social services in the county. In developing its county	10769
profile, the county department shall take into consideration the	10770
comments and recommendations received from the public by the	10771
county family services planning committee pursuant to section	10772
329.06 of the Revised Code. As part of its preparation of the	10773
county profile, the county department may prepare a local needs	10774
report analyzing the need for Title XX social services.	10775

The county department shall submit the county profile to the	10776
board of county commissioners for its review. Once the county	10777
profile has been approved by the board, the county department	10778
shall file a copy of the county profile with the department of job	10779
and family services. The department shall approve the county	10780
profile if the department determines the profile provides for the	10781
Title XX social services to meet the goals specified in division	10782
(B) of this section.	10783

(F) Any of the three state departments and their respective	10784
local agencies may require that an entity under contract to	10785
provide social services with Title XX funds submit to an audit on	10786
the basis of alleged misuse or improper accounting of funds. If an	10787
audit is required, the social services provider shall reimburse	10788
the state department or respective local agency for the cost it	10789
incurred in conducting the audit or having the audit conducted.	10790

If an audit demonstrates that a social services provider is	10791
responsible for one or more adverse findings, the provider shall	10792
reimburse the appropriate state department or its respective local	10793
agency the amount of the adverse findings. The amount shall not be	10794
reimbursed with Title XX funds received under this section. The	10795
three state departments and their respective local agencies may	10796
terminate or refuse to enter into a Title XX contract with a	10797
social services provider if there are adverse findings in an audit	10798
that are the responsibility of the provider.	10799

(G) Except with respect to the matters for which each of the	10800
state departments must adopt rules under division (C)(3) of this	10801
section, the department of job and family services may adopt any	10802
rules it considers necessary to implement and carry out the	10803
purposes of this section. Rules governing financial and	10804
operational matters of the department or matters between the	10805
department and county departments of job and family services shall	10806
be adopted as internal management rules in accordance with section	10807
111.15 of the Revised Code. Rules governing eligibility for	10808
services, program participation, and other matters pertaining to	10809
applicants and participants shall be adopted in accordance with	10810
Chapter 119. of the Revised Code.	10811

Sec. 5101.611. If a county department of job and family	10812
services knows or has reasonable cause to believe that the subject	10813
of a report made under section 5101.61 or of an investigation	10814
conducted under sections 5101.62 to 5101.64 or on the initiative	10815
of the department ~~is mentally retarded or developmentally disabled~~	10816
has a developmental disability as defined in section 5126.01 of	10817
the Revised Code, the department shall refer the case to the	10818
county board of developmental disabilities of that county for	10819
review pursuant to section 5126.31 of the Revised Code.	10820

If a county board of developmental disabilities refers a case	10821
to the county department of job and family services in accordance	10822
with section 5126.31, the department shall proceed with the case	10823
in accordance with sections 5101.60 to 5101.71 of the Revised	10824
Code.	10825

Sec. 5103.02. As used in sections 5103.03 to 5103.17 of the	10826
Revised Code:	10827

(A)(1) "Association" or "institution" includes all of the	10828
following:	10829

(a) Any incorporated or unincorporated organization, society,	10830
association, or agency, public or private, that receives or cares	10831
for children for two or more consecutive weeks;	10832

(b) Any individual, including the operator of a foster home,	10833
who, for hire, gain, or reward, receives or cares for children for	10834
two or more consecutive weeks, unless the individual is related to	10835
them by blood or marriage;	10836

(c) Any individual not in the regular employ of a court, or	10837
of an institution or association certified in accordance with	10838
section 5103.03 of the Revised Code, who in any manner becomes a	10839
party to the placing of children in foster homes, unless the	10840
individual is related to such children by blood or marriage or is	10841
the appointed guardian of such children.	10842

(2) "Association" or "institution" does not include any of	10843
the following:	10844

(a) Any organization, society, association, school, agency,	10845
child guidance center, detention or rehabilitation facility, or	10846
children's clinic licensed, regulated, approved, operated under	10847
the direction of, or otherwise certified by the department of	10848
education, a local board of education, the department of youth	10849
services, the department of mental health and addiction services,	10850
or the department of developmental disabilities;	10851

(b) Any individual who provides care for only a single-family	10852
group, placed there by their parents or other relative having	10853
custody.	10854

(B) "Family foster home" means a foster home that is not a	10855
specialized foster home.	10856

(C) "Foster caregiver" means a person holding a valid foster	10857
home certificate issued under section 5103.03 of the Revised Code.	10858

(D) "Foster home" means a private residence in which children	10859
are received apart from their parents, guardian, or legal	10860
custodian, by an individual reimbursed for providing the children	10861
nonsecure care, supervision, or training twenty-four hours a day.	10862
"Foster home" does not include care provided for a child in the	10863
home of a person other than the child's parent, guardian, or legal	10864
custodian while the parent, guardian, or legal custodian is	10865
temporarily away. Family foster homes and specialized foster homes	10866
are types of foster homes.	10867

(E) "Medically fragile foster home" means a foster home that	10868
provides specialized medical services designed to meet the needs	10869
of children with intensive health care needs who meet all of the	10870
following criteria:	10871

(1) Under rules adopted by the medicaid director governing	10872
medicaid payments for long-term care services, the children	10873
require a skilled level of care.	10874

(2) The children require the services of a doctor of medicine	10875
or osteopathic medicine at least once a week due to the	10876
instability of their medical conditions.	10877

(3) The children require the services of a registered nurse	10878
on a daily basis.	10879

(4) The children are at risk of institutionalization in a	10880
hospital, skilled nursing facility, or intermediate care facility	10881
for individuals with intellectual disabilities.	10882

(F) "Recommending agency" means a public children services	10883
agency, private child placing agency, or private noncustodial	10884
agency that recommends that the department of job and family	10885
services take any of the following actions under section 5103.03	10886
of the Revised Code regarding a foster home:	10887

(1) Issue a certificate;

10888

(2) Deny a certificate;

10889

(3) Renew a certificate;

10890

(4) Deny renewal of a certificate;

10891

(5) Revoke a certificate.

10892

(G) "Specialized foster home" means a medically fragile	10893
foster home or a treatment foster home.	10894

(H) "Treatment foster home" means a foster home that	10895
incorporates special rehabilitative services designed to treat the	10896
specific needs of the children received in the foster home and	10897
that receives and cares for children who are emotionally or	10898
behaviorally disturbed, who are chemically dependent, ~~mentally~~	10899
~~retarded, developmentally disabled~~who have a developmental	10900
disability, or who otherwise have exceptional needs.	10901

Sec. 5119.44. As used in this section, "free clinic" has the	10902
same meaning as in section 2305.2341 of the Revised Code.	10903

(A) The department of mental health and addiction services	10904
may provide certain goods and services for the department of	10905
mental health and addiction services, the department of	10906
developmental disabilities, the department of rehabilitation and	10907
correction, the department of youth services, and other state,	10908
county, or municipal agencies requesting such goods and services	10909
when the department of mental health and addiction services	10910
determines that it is in the public interest, and considers it	10911
advisable, to provide these goods and services. The department of	10912
mental health and addiction services also may provide goods and	10913
services to agencies operated by the United States government and	10914
to public or private nonprofit agencies, other than free clinics,	10915
that are funded in whole or in part by the state if the public or	10916
private nonprofit agencies are designated for participation in	10917
this program by the director of mental health and addiction	10918
services for community addiction services providers and community	10919
mental health services providers, the director of developmental	10920
disabilities for community ~~mental retardation and~~ developmental	10921
disabilities agencies, the director of rehabilitation and	10922
correction for community rehabilitation and correction agencies,	10923
or the director of youth services for community youth services	10924
agencies.	10925

Designated community agencies or services providers shall	10926
receive goods and services through the department of mental health	10927
and addiction services only in those cases where the designating	10928
state agency certifies that providing such goods and services to	10929
the agency or services provider will conserve public resources to	10930
the benefit of the public and where the provision of such goods	10931
and services is considered feasible by the department of mental	10932
health and addiction services.	10933

(B) The department of mental health and addiction services	10934
may permit free clinics to purchase certain goods and services to	10935
the extent the purchases fall within the exemption to the	10936
Robinson-Patman Act, 15 U.S.C. 13 et seq., applicable to nonprofit	10937
institutions, in 15 U.S.C. 13c, as amended.	10938

(C) The goods and services that may be provided by the	10939
department of mental health and addiction services under divisions	10940
(A) and (B) of this section may include:	10941

(1) Procurement, storage, processing, and distribution of	10942
food and professional consultation on food operations;	10943

(2) Procurement, storage, and distribution of medical and	10944
laboratory supplies, dental supplies, medical records, forms,	10945
optical supplies, and sundries, subject to section 5120.135 of the	10946
Revised Code;	10947

(3) Procurement, storage, repackaging, distribution, and	10948
dispensing of drugs, the provision of professional pharmacy	10949
consultation, and drug information services;	10950

(4) Other goods and services.

10951

(D) The department of mental health and addiction services	10952
may provide the goods and services designated in division (C) of	10953
this section to its institutions and to state-operated	10954
community-based mental health or addiction services providers.	10955

(E) After consultation with and advice from the director of	10956
developmental disabilities, the director of rehabilitation and	10957
correction, and the director of youth services, the department of	10958
mental health and addiction services may provide the goods and	10959
services designated in division (C) of this section to the	10960
department of developmental disabilities, the department of	10961
rehabilitation and correction, and the department of youth	10962
services.	10963

(F) The cost of administration of this section shall be	10964
determined by the department of mental health and addiction	10965
services and paid by the agencies, services providers, or free	10966
clinics receiving the goods and services to the department for	10967
deposit in the state treasury to the credit of the office of	10968
support services fund, which is hereby created. The fund shall be	10969
used to pay the cost of administration of this section to the	10970
department.	10971

(G) Whenever a state agency fails to make a payment for goods	10972
and services provided under this section within thirty-one days	10973
after the date the payment was due, the office of budget and	10974
management may transfer moneys from the state agency to the	10975
department of mental health and addiction services. The amount	10976
transferred shall not exceed the amount of overdue payments. Prior	10977
to making a transfer under this division, the office of budget and	10978
management shall apply any credits the state agency has	10979
accumulated in payments for goods and services provided under this	10980
section.	10981

(H) Purchases of goods and services under this section are	10982
not subject to section 307.86 of the Revised Code.	10983

Sec. 5120.051. The department of rehabilitation and	10984
correction shall provide for the needs of mentally ill persons and	10985
~~mentally retarded~~ persons with developmental disabilities that are	10986
intellectual disabilities who are incarcerated in state	10987
correctional institutions. The department may designate an	10988
institution or a unit within an institution for the custody, care,	10989
special training, treatment, and rehabilitation of mentally ill	10990
persons or ~~mentally retarded~~ persons with developmental	10991
disabilities that are intellectual disabilities.	10992

Sec. 5120.11. Within the department of rehabilitation and	10993
correction, there shall be established and maintained a bureau of	10994
examination and classification. The bureau shall conduct or	10995
provide for sociological, psychological, and psychiatric	10996
examination of each inmate of the correctional institutions. The	10997
examination shall be made as soon as possible after each inmate is	10998
admitted to any of the institutions, and further examinations may	10999
be made, if it is advisable. If the inmate is determined to be a	11000
~~mentally retarded or developmentally disabled~~ person with a	11001
developmental disability, as defined in section 5123.01 of the	11002
Revised Code, the bureau shall notify the sentencing court in	11003
writing of its determination within forty-five days after	11004
sentencing.	11005

The bureau shall collect such social and other information as	11006
will aid in the interpretation of its examinations.	11007

Subject to division (C) of section 5120.21 of the Revised	11008
Code, the bureau shall keep a record of the health, activities,	11009
and behavior of each inmate while the inmate is in the custody of	11010
the state. The records, including the findings and recommendations	11011
of the bureau, shall be made available to the adult parole	11012
authority for use in imposing post-release control sanctions under	11013
section 2967.28 of the Revised Code or any other section of the	11014
Revised Code, in granting parole, and in making parole,	11015
post-release, and rehabilitation plans for the inmate when the	11016
inmate leaves the institution, and to the department for its use	11017
in approving transfers of inmates from one institution to another.	11018

Sec. 5120.17. (A) As used in this section:

11019

(1) "Mental illness" means a substantial disorder of thought,	11020
mood, perception, orientation, or memory that grossly impairs	11021
judgment, behavior, capacity to recognize reality, or ability to	11022
meet the ordinary demands of life.	11023

(2) "Mentally ill person subject to hospitalization" means a	11024
mentally ill person to whom any of the following applies because	11025
of the person's mental illness:	11026

(a) The person represents a substantial risk of physical harm	11027
to the person as manifested by evidence of threats of, or attempts	11028
at, suicide or serious self-inflicted bodily harm.	11029

(b) The person represents a substantial risk of physical harm	11030
to others as manifested by evidence of recent homicidal or other	11031
violent behavior, evidence of recent threats that place another in	11032
reasonable fear of violent behavior and serious physical harm, or	11033
other evidence of present dangerousness.	11034

(c) The person represents a substantial and immediate risk of	11035
serious physical impairment or injury to the person as manifested	11036
by evidence that the person is unable to provide for and is not	11037
providing for the person's basic physical needs because of the	11038
person's mental illness and that appropriate provision for those	11039
needs cannot be made immediately available in the correctional	11040
institution in which the inmate is currently housed.	11041

(d) The person would benefit from treatment in a hospital for	11042
the person's mental illness and is in need of treatment in a	11043
hospital as manifested by evidence of behavior that creates a	11044
grave and imminent risk to substantial rights of others or the	11045
person.	11046

(3) "Psychiatric hospital" means all or part of a facility	11047
that is operated and managed by the department of mental health	11048
and addiction services to provide psychiatric hospitalization	11049
services in accordance with the requirements of this section	11050
pursuant to an agreement between the directors of rehabilitation	11051
and correction and mental health and addiction services or, is	11052
licensed by the department of mental health and addiction services	11053
pursuant to section 5119.33 of the Revised Code as a psychiatric	11054
hospital and is accredited by a health care accrediting	11055
organization approved by the department of mental health and	11056
addiction services and the psychiatric hospital is any of the	11057
following:	11058

(a) Operated and managed by the department of rehabilitation	11059
and correction within a facility that is operated by the	11060
department of rehabilitation and correction;	11061

(b) Operated and managed by a contractor for the department	11062
of rehabilitation and correction within a facility that is	11063
operated by the department of rehabilitation and correction;	11064

(c) Operated and managed in the community by an entity that	11065
has contracted with the department of rehabilitation and	11066
correction to provide psychiatric hospitalization services in	11067
accordance with the requirements of this section.	11068

(4) "Inmate patient" means an inmate who is admitted to a	11069
psychiatric hospital.	11070

(5) "Admitted" to a psychiatric hospital means being accepted	11071
for and staying at least one night at the psychiatric hospital.	11072

(6) "Treatment plan" means a written statement of reasonable	11073
objectives and goals for an inmate patient that is based on the	11074
needs of the inmate patient and that is established by the	11075
treatment team, with the active participation of the inmate	11076
patient and with documentation of that participation. "Treatment	11077
plan" includes all of the following:	11078

(a) The specific criteria to be used in evaluating progress	11079
toward achieving the objectives and goals;	11080

(b) The services to be provided to the inmate patient during	11081
the inmate patient's hospitalization;	11082

(c) The services to be provided to the inmate patient after	11083
discharge from the hospital, including, but not limited to,	11084
housing and mental health services provided at the state	11085
correctional institution to which the inmate patient returns after	11086
discharge or community mental health services.	11087

(7) "~~Mentally retarded person~~Person with an intellectual	11088
disability subject to institutionalization by court order" has the	11089
same meaning as in section 5123.01 of the Revised Code.	11090

(8) "Emergency transfer" means the transfer of a mentally ill	11091
inmate to a psychiatric hospital when the inmate presents an	11092
immediate danger to self or others and requires hospital-level	11093
care.	11094

(9) "Uncontested transfer" means the transfer of a mentally	11095
ill inmate to a psychiatric hospital when the inmate has the	11096
mental capacity to, and has waived, the hearing required by	11097
division (B) of this section.	11098

(10)(a) "Independent decision-maker" means a person who is	11099
employed or retained by the department of rehabilitation and	11100
correction and is appointed by the chief or chief clinical officer	11101
of mental health services as a hospitalization hearing officer to	11102
conduct due process hearings.	11103

(b) An independent decision-maker who presides over any	11104
hearing or issues any order pursuant to this section shall be a	11105
psychiatrist, psychologist, or attorney, shall not be specifically	11106
associated with the institution in which the inmate who is the	11107
subject of the hearing or order resides at the time of the hearing	11108
or order, and previously shall not have had any treatment	11109
relationship with nor have represented in any legal proceeding the	11110
inmate who is the subject of the order.	11111

(B)(1) Except as provided in division (C) of this section, if	11112
the warden of a state correctional institution or the warden's	11113
designee believes that an inmate should be transferred from the	11114
institution to a psychiatric hospital, the department shall hold a	11115
hearing to determine whether the inmate is a mentally ill person	11116
subject to hospitalization. The department shall conduct the	11117
hearing at the state correctional institution in which the inmate	11118
is confined, and the department shall provide qualified	11119
independent assistance to the inmate for the hearing. An	11120
independent decision-maker provided by the department shall	11121
preside at the hearing and determine whether the inmate is a	11122
mentally ill person subject to hospitalization.	11123

(2) Except as provided in division (C) of this section, prior	11124
to the hearing held pursuant to division (B)(1) of this section,	11125
the warden or the warden's designee shall give written notice to	11126
the inmate that the department is considering transferring the	11127
inmate to a psychiatric hospital, that it will hold a hearing on	11128
the proposed transfer at which the inmate may be present, that at	11129
the hearing the inmate has the rights described in division (B)(3)	11130
of this section, and that the department will provide qualified	11131
independent assistance to the inmate with respect to the hearing.	11132
The department shall not hold the hearing until the inmate has	11133
received written notice of the proposed transfer and has had	11134
sufficient time to consult with the person appointed by the	11135
department to provide assistance to the inmate and to prepare for	11136
a presentation at the hearing.	11137

(3) At the hearing held pursuant to division (B)(1) of this	11138
section, the department shall disclose to the inmate the evidence	11139
that it relies upon for the transfer and shall give the inmate an	11140
opportunity to be heard. Unless the independent decision-maker	11141
finds good cause for not permitting it, the inmate may present	11142
documentary evidence and the testimony of witnesses at the hearing	11143
and may confront and cross-examine witnesses called by the	11144
department.	11145

(4) If the independent decision-maker does not find clear and	11146
convincing evidence that the inmate is a mentally ill person	11147
subject to hospitalization, the department shall not transfer the	11148
inmate to a psychiatric hospital but shall continue to confine the	11149
inmate in the same state correctional institution or in another	11150
state correctional institution that the department considers	11151
appropriate. If the independent decision-maker finds clear and	11152
convincing evidence that the inmate is a mentally ill person	11153
subject to hospitalization, the decision-maker shall order that	11154
the inmate be transported to a psychiatric hospital for	11155
observation and treatment for a period of not longer than thirty	11156
days. After the hearing, the independent decision-maker shall	11157
submit to the department a written decision that states one of the	11158
findings described in division (B)(4) of this section, the	11159
evidence that the decision-maker relied on in reaching that	11160
conclusion, and, if the decision is that the inmate should be	11161
transferred, the reasons for the transfer.	11162

(C)(1) The department may transfer an inmate to a psychiatric	11163
hospital under an emergency transfer order if the chief clinical	11164
officer of mental health services of the department or that	11165
officer's designee and either a psychiatrist employed or retained	11166
by the department or, in the absence of a psychiatrist, a	11167
psychologist employed or retained by the department determines	11168
that the inmate is mentally ill, presents an immediate danger to	11169
self or others, and requires hospital-level care.	11170

(2) The department may transfer an inmate to a psychiatric	11171
hospital under an uncontested transfer order if both of the	11172
following apply:	11173

(a) A psychiatrist employed or retained by the department	11174
determines all of the following apply:	11175

(i) The inmate has a mental illness or is a mentally ill	11176
person subject to hospitalization.	11177

(ii) The inmate requires hospital care to address the mental	11178
illness.	11179

(iii) The inmate has the mental capacity to make a reasoned	11180
choice regarding the inmate's transfer to a hospital.	11181

(b) The inmate agrees to a transfer to a hospital.

11182

(3) The written notice and the hearing required under	11183
divisions (B)(1) and (2) of this section are not required for an	11184
emergency transfer or uncontested transfer under division (C)(1)	11185
or (2) of this section.	11186

(4) After an emergency transfer under division (C)(1) of this	11187
section, the department shall hold a hearing for continued	11188
hospitalization within five working days after admission of the	11189
transferred inmate to the psychiatric hospital. The department	11190
shall hold subsequent hearings pursuant to division (F) of this	11191
section at the same intervals as required for inmate patients who	11192
are transported to a psychiatric hospital under division (B)(4) of	11193
this section.	11194

(5) After an uncontested transfer under division (C)(2) of	11195
this section, the inmate may withdraw consent to the transfer in	11196
writing at any time. Upon the inmate's withdrawal of consent, the	11197
hospital shall discharge the inmate, or, within five working days,	11198
the department shall hold a hearing for continued hospitalization.	11199
The department shall hold subsequent hearings pursuant to division	11200
(F) of this section at the same time intervals as required for	11201
inmate patients who are transported to a psychiatric hospital	11202
under division (B)(4) of this section.	11203

(D)(1) If an independent decision-maker, pursuant to division	11204
(B)(4) of this section, orders an inmate transported to a	11205
psychiatric hospital or if an inmate is transferred pursuant to	11206
division (C)(1) or (2) of this section, the staff of the	11207
psychiatric hospital shall examine the inmate patient when	11208
admitted to the psychiatric hospital as soon as practicable after	11209
the inmate patient arrives at the hospital and no later than	11210
twenty-four hours after the time of arrival. The attending	11211
physician responsible for the inmate patient's care shall give the	11212
inmate patient all information necessary to enable the patient to	11213
give a fully informed, intelligent, and knowing consent to the	11214
treatment the inmate patient will receive in the hospital. The	11215
attending physician shall tell the inmate patient the expected	11216
physical and medical consequences of any proposed treatment and	11217
shall give the inmate patient the opportunity to consult with	11218
another psychiatrist at the hospital and with the inmate advisor.	11219

(2) No inmate patient who is transported or transferred	11220
pursuant to division (B)(4) or (C)(1) or (2) of this section to a	11221
psychiatric hospital within a facility that is operated by the	11222
department of rehabilitation and correction shall be subjected to	11223
any of the following procedures:	11224

(a) Convulsive therapy;

11225

(b) Major aversive interventions;

11226

11227

(d) Psychosurgery.

11228

(E) The department of rehabilitation and correction shall	11229
ensure that an inmate patient hospitalized pursuant to this	11230
section receives or has all of the following:	11231

(1) Receives sufficient professional care within twenty days	11232
of admission to ensure that an evaluation of the inmate patient's	11233
current status, differential diagnosis, probable prognosis, and	11234
description of the current treatment plan have been formulated and	11235
are stated on the inmate patient's official chart;	11236

(2) Has a written treatment plan consistent with the	11237
evaluation, diagnosis, prognosis, and goals of treatment;	11238

(3) Receives treatment consistent with the treatment plan;

11239

(4) Receives periodic reevaluations of the treatment plan by	11240
the professional staff at intervals not to exceed thirty days;	11241

(5) Is provided with adequate medical treatment for physical	11242
disease or injury;	11243

(6) Receives humane care and treatment, including, without	11244
being limited to, the following:	11245

(a) Access to the facilities and personnel required by the	11246
treatment plan;	11247

(b) A humane psychological and physical environment;

11248

(c) The right to obtain current information concerning the	11249
treatment program, the expected outcomes of treatment, and the	11250
expectations for the inmate patient's participation in the	11251
treatment program in terms that the inmate patient reasonably can	11252
understand;	11253

(d) Opportunity for participation in programs designed to	11254
help the inmate patient acquire the skills needed to work toward	11255
discharge from the psychiatric hospital;	11256

(e) The right to be free from unnecessary or excessive	11257
medication and from unnecessary restraints or isolation;	11258

(f) All other rights afforded inmates in the custody of the	11259
department consistent with rules, policy, and procedure of the	11260
department.	11261

(F) The department shall hold a hearing for the continued	11262
hospitalization of an inmate patient who is transported or	11263
transferred to a psychiatric hospital pursuant to division (B)(4)	11264
or (C)(1) of this section prior to the expiration of the initial	11265
thirty-day period of hospitalization. The department shall hold	11266
any subsequent hearings, if necessary, not later than ninety days	11267
after the first thirty-day hearing and then not later than each	11268
one hundred and eighty days after the immediately prior hearing.	11269
An independent decision-maker shall conduct the hearings at the	11270
psychiatric hospital in which the inmate patient is confined. The	11271
inmate patient shall be afforded all of the rights set forth in	11272
this section for the hearing prior to transfer to the psychiatric	11273
hospital. The department may not waive a hearing for continued	11274
commitment. A hearing for continued commitment is mandatory for an	11275
inmate patient transported or transferred to a psychiatric	11276
hospital pursuant to division (B)(4) or (C)(1) of this section	11277
unless the inmate patient has the capacity to make a reasoned	11278
choice to execute a waiver and waives the hearing in writing. An	11279
inmate patient who is transferred to a psychiatric hospital	11280
pursuant to an uncontested transfer under division (C)(2) of this	11281
section and who has scheduled hearings after withdrawal of consent	11282
for hospitalization may waive any of the scheduled hearings if the	11283
inmate has the capacity to make a reasoned choice and executes a	11284
written waiver of the hearing.	11285

If upon completion of the hearing the independent	11286
decision-maker does not find by clear and convincing evidence that	11287
the inmate patient is a mentally ill person subject to	11288
hospitalization, the independent decision-maker shall order the	11289
inmate patient's discharge from the psychiatric hospital. If the	11290
independent decision-maker finds by clear and convincing evidence	11291
that the inmate patient is a mentally ill person subject to	11292
hospitalization, the independent decision-maker shall order that	11293
the inmate patient remain at the psychiatric hospital for	11294
continued hospitalization until the next required hearing.	11295

If at any time prior to the next required hearing for	11296
continued hospitalization, the medical director of the hospital or	11297
the attending physician determines that the treatment needs of the	11298
inmate patient could be met equally well in an available and	11299
appropriate less restrictive state correctional institution or	11300
unit, the medical director or attending physician may discharge	11301
the inmate to that facility.	11302

(G) An inmate patient is entitled to the credits toward the	11303
reduction of the inmate patient's stated prison term pursuant to	11304
Chapters 2967. and 5120. of the Revised Code under the same terms	11305
and conditions as if the inmate patient were in any other	11306
institution of the department of rehabilitation and correction.	11307

(H) The adult parole authority may place an inmate patient on	11308
parole or under post-release control directly from a psychiatric	11309
hospital.	11310

(I) If an inmate patient who is a mentally ill person subject	11311
to hospitalization is to be released from a psychiatric hospital	11312
because of the expiration of the inmate patient's stated prison	11313
term, the director of rehabilitation and correction or the	11314
director's designee, at least fourteen days before the expiration	11315
date, may file an affidavit under section 5122.11 or 5123.71 of	11316
the Revised Code with the probate court in the county where the	11317
psychiatric hospital is located or the probate court in the county	11318
where the inmate will reside, alleging that the inmate patient is	11319
a mentally ill person subject to hospitalization by court order or	11320
a ~~mentally retarded~~ person with an intellectual disability subject	11321
to institutionalization by court order, whichever is applicable.	11322
The proceedings in the probate court shall be conducted pursuant	11323
to Chapter 5122. or 5123. of the Revised Code except as modified	11324
by this division.	11325

Upon the request of the inmate patient, the probate court	11326
shall grant the inmate patient an initial hearing under section	11327
5122.141 of the Revised Code or a probable cause hearing under	11328
section 5123.75 of the Revised Code before the expiration of the	11329
stated prison term. After holding a full hearing, the probate	11330
court shall make a disposition authorized by section 5122.15 or	11331
5123.76 of the Revised Code before the date of the expiration of	11332
the stated prison term. No inmate patient shall be held in the	11333
custody of the department of rehabilitation and correction past	11334
the date of the expiration of the inmate patient's stated prison	11335
term.	11336

(J) The department of rehabilitation and correction shall set	11337
standards for treatment provided to inmate patients.	11338

(K) A certificate, application, record, or report that is	11339
made in compliance with this section and that directly or	11340
indirectly identifies an inmate or former inmate whose	11341
hospitalization has been sought under this section is	11342
confidential. No person shall disclose the contents of any	11343
certificate, application, record, or report of that nature or any	11344
other psychiatric or medical record or report regarding a mentally	11345
ill inmate unless one of the following applies:	11346

(1) The person identified, or the person's legal guardian, if	11347
any, consents to disclosure, and the chief clinical officer or	11348
designee of mental health services of the department of	11349
rehabilitation and correction determines that disclosure is in the	11350
best interests of the person.	11351

(2) Disclosure is required by a court order signed by a	11352
judge.	11353

(3) An inmate patient seeks access to the inmate patient's	11354
own psychiatric and medical records, unless access is specifically	11355
restricted in the treatment plan for clear treatment reasons.	11356

(4) Hospitals and other institutions and facilities within	11357
the department of rehabilitation and correction may exchange	11358
psychiatric records and other pertinent information with other	11359
hospitals, institutions, and facilities of the department, but the	11360
information that may be released about an inmate patient is	11361
limited to medication history, physical health status and history,	11362
summary of course of treatment in the hospital, summary of	11363
treatment needs, and a discharge summary, if any.	11364

(5) An inmate patient's family member who is involved in	11365
planning, providing, and monitoring services to the inmate patient	11366
may receive medication information, a summary of the inmate	11367
patient's diagnosis and prognosis, and a list of the services and	11368
personnel available to assist the inmate patient and family if the	11369
attending physician determines that disclosure would be in the	11370
best interest of the inmate patient. No disclosure shall be made	11371
under this division unless the inmate patient is notified of the	11372
possible disclosure, receives the information to be disclosed, and	11373
does not object to the disclosure.	11374

(6) The department of rehabilitation and correction may	11375
exchange psychiatric hospitalization records, other mental health	11376
treatment records, and other pertinent information with county	11377
sheriffs' offices, hospitals, institutions, and facilities of the	11378
department of mental health and addiction services and with	11379
community mental health services providers and boards of alcohol,	11380
drug addiction, and mental health services with which the	11381
department of mental health and addiction services has a current	11382
agreement for patient care or services to ensure continuity of	11383
care. Disclosure under this division is limited to records	11384
regarding a mentally ill inmate's medication history, physical	11385
health status and history, summary of course of treatment, summary	11386
of treatment needs, and a discharge summary, if any. No office,	11387
department, agency, provider, or board shall disclose the records	11388
and other information unless one of the following applies:	11389

(a) The mentally ill inmate is notified of the possible	11390
disclosure and consents to the disclosure.	11391

(b) The mentally ill inmate is notified of the possible	11392
disclosure, an attempt to gain the consent of the inmate is made,	11393
and the office, department, agency, or board documents the attempt	11394
to gain consent, the inmate's objections, if any, and the reasons	11395
for disclosure in spite of the inmate's objections.	11396

(7) Information may be disclosed to staff members designated	11397
by the director of rehabilitation and correction for the purpose	11398
of evaluating the quality, effectiveness, and efficiency of	11399
services and determining if the services meet minimum standards.	11400

The name of an inmate patient shall not be retained with the	11401
information obtained during the evaluations.	11402

(L) The director of rehabilitation and correction may adopt	11403
rules setting forth guidelines for the procedures required under	11404
divisions (B), (C)(1), and (C)(2) of this section.	11405

Sec. 5120.173. Any person who is required to report abuse or	11406
neglect of a child under eighteen years of age that is reasonably	11407
suspected or believed to have occurred or the threat of which is	11408
reasonably suspected or believed to exist pursuant to division (A)	11409
of section 2151.421 of the Revised Code, any person who is	11410
permitted to report or cause a report to be made of reasonably	11411
suspected abuse or neglect of a child under eighteen years of age	11412
pursuant to division (B) of that section, any person who is	11413
required to report suspected abuse or neglect of a person with	11414
~~mental retardation or~~ a developmental disability pursuant to	11415
division (C) of section 5123.61 of the Revised Code, and any	11416
person who is permitted to report suspected abuse or neglect of a	11417
person with ~~mental retardation or~~ a developmental disability	11418
pursuant to division (F) of that section and who makes or causes	11419
the report to be made, shall direct that report to the state	11420
highway patrol if the child or the person with ~~mental retardation~~	11421
or a developmental disability is an inmate in the custody of a	11422
state correctional institution. If the state highway patrol	11423
determines after receipt of the report that it is probable that	11424
abuse or neglect of the inmate occurred, the patrol shall report	11425
its findings to the department of rehabilitation and correction,	11426
to the court that sentenced the inmate for the offense for which	11427
the inmate is in the custody of the department, and to the	11428
chairperson and vice-chairperson of the correctional institution	11429
inspection committee established by section 103.71 of the Revised	11430
Code.	11431

Sec. 5121.04. (A) The department of developmental	11432
disabilities shall investigate the financial condition of the	11433
residents in institutions, residents whose care or treatment is	11434
being paid for in a private facility or home under the control of	11435
the department, and of the relatives named in section 5121.06 of	11436
the Revised Code as liable for the support of such residents, in	11437
order to determine the ability of any resident or liable relatives	11438
to pay for the support of the resident and to provide suitable	11439
clothing as required by the superintendent of the institution.	11440

(B) The department shall follow the provisions of this	11441
division in determining the ability to pay of a resident or the	11442
resident's liable relatives and the amount to be charged such	11443
resident or liable relatives.	11444

(1) Subject to divisions (B)(10) and (11) of this section, a	11445
resident without dependents shall be liable for the full	11446
applicable cost. A resident without dependents who has a gross	11447
annual income equal to or exceeding the sum of the full applicable	11448
cost, plus fifty dollars per month, regardless of the source of	11449
such income, shall pay currently the full amount of the applicable	11450
cost; if the resident's gross annual income is less than such sum,	11451
not more than fifty dollars per month shall be kept for personal	11452
use by or on behalf of the resident, except as permitted in the	11453
state plan for providing medical assistance under Title XIX of the	11454
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	11455
amended, and the balance shall be paid currently on the resident's	11456
support. Subject to divisions (B)(10) and (11) of this section,	11457
the estate of a resident without dependents shall pay currently	11458
any remaining difference between the applicable cost and the	11459
amounts prescribed in this section, or shall execute an agreement	11460
with the department for payment to be made at some future date	11461
under terms suitable to the department. However, no security	11462
interest, mortgage, or lien shall be taken, granted, or charged	11463
against any principal residence of a resident without dependents	11464
under an agreement or otherwise to secure support payments, and no	11465
foreclosure actions shall be taken on security interests,	11466
mortgages, or liens taken, granted, or charged against principal	11467
residences of residents prior to October 7, 1977.	11468

(2) The ability to pay of a resident with dependents, or of a	11469
liable relative of a resident either with or without dependents,	11470
shall be determined in accordance with the resident's or liable	11471
relative's income or other assets, the needs of others who are	11472
dependent on such income and other assets for support, and, if	11473
applicable, divisions (B)(10) and (11) of this section.	11474

For the first thirty days of care and treatment of each	11475
admission, but in no event for more than thirty days in any	11476
calendar year, the resident with dependents or the liable relative	11477
of a resident either with or without dependents shall be charged	11478
an amount equal to the percentage of the average applicable cost	11479
determined in accordance with the schedule of adjusted gross	11480
annual income contained after this paragraph. After such first	11481
thirty days of care and treatment, such resident or such liable	11482
relative shall be charged an amount equal to the percentage of a	11483
base support rate of four dollars per day for residents, as	11484
determined in accordance with the schedule of gross annual income	11485
contained after this paragraph, or in accordance with division	11486
(B)(5) of this section. Beginning January 1, 1978, the department	11487
shall increase the base rate when the consumer price index average	11488
is more than 4.0 for the preceding calendar year by not more than	11489
the average for such calendar year.	11490

Adjusted Gross Annual		11491
Income of Resident		11492
or Liable Relative (FN a)	Number of Dependents (FN b)	11493

								8 or	11494
	1	2	3	4	5	6	7	more	11495
	Rate of Support (In Percentages)								11496
$15,000 or less	--	--	--	--	--	--	--	--	11497
15,001 to 17,500	20	--	--	--	--	--	--	--	11498
17,501 to 20,000	25	20	--	--	--	--	--	--	11499
20,001 to 21,000	30	25	20	--	--	--	--	--	11500
21,001 to 22,000	35	30	25	20	--	--	--	--	11501
22,001 to 23,000	40	35	30	25	20	--	--	--	11502
23,001 to 24,000	45	40	35	30	25	20	--	--	11503
24,001 to 25,000	50	45	40	35	30	25	20	--	11504
25,001 to 26,000	55	50	45	40	35	30	25	20	11505
26,001 to 27,000	60	55	50	45	40	35	30	25	11506
27,001 to 28,000	70	60	55	50	45	40	35	30	11507
28,001 to 30,000	80	70	60	55	50	45	40	35	11508
30,001 to 40,000	90	80	70	60	55	50	45	40	11509
40,001 and over	100	90	80	70	60	55	50	45	11510

Footnote a. The resident or relative shall furnish a copy of	11511
the resident's or relative's federal income tax return as evidence	11512
of gross annual income.	11513

Footnote b. The number of dependents includes the liable	11514
relative but excludes a resident in an institution. "Dependent"	11515
includes any person who receives more than half the person's	11516
support from the resident or the resident's liable relative.	11517

(3) A resident or liable relative having medical, funeral, or	11518
related expenses in excess of four per cent of the adjusted gross	11519
annual income, which expenses were not covered by insurance, may	11520
adjust such gross annual income by reducing the adjusted gross	11521
annual income by the full amount of such expenses. Proof of such	11522
expenses satisfactory to the department must be furnished.	11523

(4) Additional dependencies may be claimed if:

11524

(a) The liable relative is blind;

11525

(b) The liable relative is over sixty-five;

11526

(c) A child is a college student with expenses in excess of	11527
fifty dollars per month;	11528

(d) The services of a housekeeper, costing in excess of fifty	11529
dollars per month, are required if the person who normally keeps	11530
house for minor children is the resident.	11531

(5) If with respect to any resident with dependents there is	11532
chargeable under division (B)(2) of this section less than fifty	11533
per cent of the applicable cost or, if the base support rate was	11534
used, less than fifty per cent of the amount determined by use of	11535
the base support rate, and if with respect to such resident there	11536
is a liable relative who has an estate having a value in excess of	11537
fifteen thousand dollars or if such resident has a dependent and	11538
an estate having a value in excess of fifteen thousand dollars,	11539
there shall be paid with respect to such resident a total of fifty	11540
per cent of the applicable cost or the base support rate amount,	11541
as the case may be, on a current basis or there shall be executed	11542
with respect to such resident an agreement with the department for	11543
payment to be made at some future date under terms suitable to the	11544
department.	11545

(6) When a person has been a resident for fifteen years and	11546
the support charges for which a relative is liable have been paid	11547
for the fifteen-year period, the liable relative shall be relieved	11548
of any further support charges.	11549

(7) The department shall accept voluntary payments from	11550
residents or liable relatives whose incomes are below the minimum	11551
shown in the schedule set forth in this division. The department	11552
also shall accept voluntary payments in excess of required amounts	11553
from both liable and nonliable relatives.	11554

(8) If a resident is covered by an insurance policy, or other	11555
contract that provides for payment of expenses for care and	11556
treatment for ~~mental retardation or other~~a developmental	11557
disability at or from an institution or facility (including a	11558
community service unit under the jurisdiction of the department),	11559
the other provisions of this section, except divisions (B)(8),	11560
(10), and (11) of this section, and of section 5121.01 of the	11561
Revised Code shall be suspended to the extent that such insurance	11562
policy or other contract is in force, and such resident shall be	11563
charged the full amount of the applicable cost. Any insurance	11564
carrier or other third party payor providing coverage for such	11565
care and treatment shall pay for this support obligation in an	11566
amount equal to the lesser of either the applicable cost or the	11567
benefits provided under the policy or other contract. Whether or	11568
not an insured, owner of, or other person having an interest in	11569
such policy or other contract is liable for support payments under	11570
other provisions of this chapter, the insured, policy owner, or	11571
other person shall assign payment directly to the department of	11572
all assignable benefits under the policy or other contract and	11573
shall pay over to the department, within ten days of receipt, all	11574
insurance or other benefits received as reimbursement or payment	11575
for expenses incurred by the resident or for any other reason. If	11576
the insured, policy owner, or other person refuses to assign such	11577
payment to the department or refuses to pay such received	11578
reimbursements or payments over to the department within ten days	11579
of receipt, the insured's, policy owners', or other person's total	11580
liability for the services equals the applicable statutory	11581
liability for payment for the services as determined under other	11582
provisions of this chapter, plus the amounts payable under the	11583
terms of the policy or other contract. In no event shall this	11584
total liability exceed the full amount of the applicable cost.	11585
Upon its request, the department is entitled to a court order that	11586
compels the insured, owner of, or other person having an interest	11587
in the policy or other contract to comply with the assignment	11588
requirements of this division or that itself serves as a legally	11589
sufficient assignment in compliance with such requirements.	11590
Notwithstanding section 5123.89 of the Revised Code and any other	11591
law relating to confidentiality of records, the managing officer	11592
of the institution or facility where a person is or has been a	11593
resident shall disclose pertinent medical information concerning	11594
the resident to the insurance carrier or other third party payor	11595
in question, in order to effect collection from the carrier or	11596
payor of the state's claim for care and treatment under this	11597
division. For such disclosure, the managing officer is not subject	11598
to any civil or criminal liability.	11599

(9) The rate to be charged for pre-admission care,	11600
after-care, day-care, or routine consultation and treatment	11601
services shall be based upon the ability of the resident or the	11602
resident's liable relatives to pay. When it is determined by the	11603
department that a charge shall be made, such charge shall be	11604
computed as provided in divisions (B)(1) and (2) of this section.	11605

(10) If a resident with or without dependents is the	11606
beneficiary of a trust created pursuant to section 5815.28 of the	11607
Revised Code, then, notwithstanding any contrary provision of this	11608
chapter or of a rule adopted pursuant to this chapter, divisions	11609
(C) and (D) of that section shall apply in determining the assets	11610
or resources of the resident, the resident's estate, the settlor,	11611
or the settlor's estate and to claims arising under this chapter	11612
against the resident, the resident's estate, the settlor, or the	11613
settlor's estate.	11614

(11) If the department waives the liability of an individual	11615
and the individual's liable relatives pursuant to section 5123.194	11616
of the Revised Code, the liability of the individual and relative	11617
ceases in accordance with the waiver's terms.	11618

(C) The department may enter into agreements with a resident	11619
or a liable relative for support payments to be made in the	11620
future. However, no security interest, mortgage, or lien shall be	11621
taken, granted, or charged against any principal family residence	11622
of a resident with dependents or a liable relative under an	11623
agreement or otherwise to secure support payments, and no	11624
foreclosure actions shall be taken on security interests,	11625
mortgages or liens taken, granted, or charged against principal	11626
residences of residents or liable relatives prior to October 7,	11627
1977.	11628

(D) The department shall make all investigations and	11629
determinations required by this section within ninety days after a	11630
resident is admitted to an institution under the department's	11631
control and immediately shall notify by mail the persons liable of	11632
the amount to be charged.	11633

(E) All actions to enforce the collection of payments agreed	11634
upon or charged by the department shall be commenced within six	11635
years after the date of default of an agreement to pay support	11636
charges or the date such payment becomes delinquent. If a payment	11637
is made pursuant to an agreement which is in default, a new	11638
six-year period for actions to enforce the collection of payments	11639
under such agreement shall be computed from the date of such	11640
payment. For purposes of this division an agreement is in default	11641
or a payment is delinquent if a payment is not made within thirty	11642
days after it is incurred or a payment, pursuant to an agreement,	11643
is not made within thirty days after the date specified for such	11644
payment. In all actions to enforce the collection of payment for	11645
the liability for support, every court of record shall receive	11646
into evidence the proof of claim made by the state together with	11647
all debts and credits, and it shall be prima-facie evidence of the	11648
facts contained in it.	11649

Sec. 5122.01. As used in this chapter and Chapter 5119. of	11650
the Revised Code:	11651

(A) "Mental illness" means a substantial disorder of thought,	11652
mood, perception, orientation, or memory that grossly impairs	11653
judgment, behavior, capacity to recognize reality, or ability to	11654
meet the ordinary demands of life.	11655

(B) "Mentally ill person subject to court order" means a	11656
mentally ill person who, because of the person's illness:	11657

(1) Represents a substantial risk of physical harm to self as	11658
manifested by evidence of threats of, or attempts at, suicide or	11659
serious self-inflicted bodily harm;	11660

(2) Represents a substantial risk of physical harm to others	11661
as manifested by evidence of recent homicidal or other violent	11662
behavior, evidence of recent threats that place another in	11663
reasonable fear of violent behavior and serious physical harm, or	11664
other evidence of present dangerousness;	11665

(3) Represents a substantial and immediate risk of serious	11666
physical impairment or injury to self as manifested by evidence	11667
that the person is unable to provide for and is not providing for	11668
the person's basic physical needs because of the person's mental	11669
illness and that appropriate provision for those needs cannot be	11670
made immediately available in the community; or	11671

(4) Would benefit from treatment for the person's mental	11672
illness and is in need of such treatment as manifested by evidence	11673
of behavior that creates a grave and imminent risk to substantial	11674
rights of others or the person;	11675

(5)(a) Would benefit from treatment as manifested by evidence	11676
of behavior that indicates all of the following:	11677

(i) The person is unlikely to survive safely in the community	11678
without supervision, based on a clinical determination.	11679

(ii) The person has a history of lack of compliance with	11680
treatment for mental illness and one of the following applies:	11681

(I) At least twice within the thirty-six months prior to the	11682
filing of an affidavit seeking court-ordered treatment of the	11683
person under section 5122.111 of the Revised Code, the lack of	11684
compliance has been a significant factor in necessitating	11685
hospitalization in a hospital or receipt of services in a forensic	11686
or other mental health unit of a correctional facility, provided	11687
that the thirty-six-month period shall be extended by the length	11688
of any hospitalization or incarceration of the person that	11689
occurred within the thirty-six-month period.	11690

(II) Within the forty-eight months prior to the filing of an	11691
affidavit seeking court-ordered treatment of the person under	11692
section 5122.111 of the Revised Code, the lack of compliance	11693
resulted in one or more acts of serious violent behavior toward	11694
self or others or threats of, or attempts at, serious physical	11695
harm to self or others, provided that the forty-eight-month period	11696
shall be extended by the length of any hospitalization or	11697
incarceration of the person that occurred within the	11698
forty-eight-month period.	11699

(iii) The person, as a result of the person's mental illness,	11700
is unlikely to voluntarily participate in necessary treatment.	11701

(iv) In view of the person's treatment history and current	11702
behavior, the person is in need of treatment in order to prevent a	11703
relapse or deterioration that would be likely to result in	11704
substantial risk of serious harm to the person or others.	11705

(b) An individual who meets only the criteria described in	11706
division (B)(5)(a) of this section is not subject to	11707
hospitalization.	11708

(C)(1) "Patient" means, subject to division (C)(2) of this	11709
section, a person who is admitted either voluntarily or	11710
involuntarily to a hospital or other place under section 2945.39,	11711
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	11712
finding of not guilty by reason of insanity or incompetence to	11713
stand trial or under this chapter, who is under observation or	11714
receiving treatment in such place.	11715

(2) "Patient" does not include a person admitted to a	11716
hospital or other place under section 2945.39, 2945.40, 2945.401,	11717
or 2945.402 of the Revised Code to the extent that the reference	11718
in this chapter to patient, or the context in which the reference	11719
occurs, is in conflict with any provision of sections 2945.37 to	11720
2945.402 of the Revised Code.	11721

(D) "Licensed physician" means a person licensed under the	11722
laws of this state to practice medicine or a medical officer of	11723
the government of the United States while in this state in the	11724
performance of the person's official duties.	11725

(E) "Psychiatrist" means a licensed physician who has	11726
satisfactorily completed a residency training program in	11727
psychiatry, as approved by the residency review committee of the	11728
American medical association, the committee on post-graduate	11729
education of the American osteopathic association, or the American	11730
osteopathic board of neurology and psychiatry, or who on July 1,	11731
1989, has been recognized as a psychiatrist by the Ohio state	11732
medical association or the Ohio osteopathic association on the	11733
basis of formal training and five or more years of medical	11734
practice limited to psychiatry.	11735

(F) "Hospital" means a hospital or inpatient unit licensed by	11736
the department of mental health and addiction services under	11737
section 5119.33 of the Revised Code, and any institution,	11738
hospital, or other place established, controlled, or supervised by	11739
the department under Chapter 5119. of the Revised Code.	11740

(G) "Public hospital" means a facility that is tax-supported	11741
and under the jurisdiction of the department of mental health and	11742
addiction services.	11743

(H) "Community mental health services provider" means an	11744
agency, association, corporation, individual, or program that	11745
provides community mental health services that are certified by	11746
the director of mental health and addiction services under section	11747
5119.36 of the Revised Code.	11748

(I) "Licensed clinical psychologist" means a person who holds	11749
a current valid psychologist license issued under section 4732.12	11750
of the Revised Code, and in addition, meets the educational	11751
requirements set forth in division (B) of section 4732.10 of the	11752
Revised Code and has a minimum of two years' full-time	11753
professional experience, or the equivalent as determined by rule	11754
of the state board of psychology, at least one year of which shall	11755
be a predoctoral internship, in clinical psychological work in a	11756
public or private hospital or clinic or in private practice,	11757
diagnosing and treating problems of mental illness or ~~mental~~	11758
~~retardation~~intellectual disability under the supervision of a	11759
psychologist who is licensed or who holds a diploma issued by the	11760
American board of professional psychology, or whose qualifications	11761
are substantially similar to those required for licensure by the	11762
state board of psychology when the supervision has occurred prior	11763
to enactment of laws governing the practice of psychology.	11764

(J) "Health officer" means any public health physician;	11765
public health nurse; or other person authorized by or designated	11766
by a city health district; a general health district; or a board	11767
of alcohol, drug addiction, and mental health services to perform	11768
the duties of a health officer under this chapter.	11769

(K) "Chief clinical officer" means the medical director of a	11770
hospital, or a community mental health services provider, or a	11771
board of alcohol, drug addiction, and mental health services, or,	11772
if there is no medical director, the licensed physician	11773
responsible for the treatment a hospital or community mental	11774
health services provider provides. The chief clinical officer may	11775
delegate to the attending physician responsible for a patient's	11776
care the duties imposed on the chief clinical officer by this	11777
chapter. Within a community mental health services provider, the	11778
chief clinical officer shall be designated by the governing body	11779
of the services provider and shall be a licensed physician or	11780
licensed clinical psychologist who supervises diagnostic and	11781
treatment services. A licensed physician or licensed clinical	11782
psychologist designated by the chief clinical officer may perform	11783
the duties and accept the responsibilities of the chief clinical	11784
officer in the chief clinical officer's absence.	11785

(L) "Working day" or "court day" means Monday, Tuesday,	11786
Wednesday, Thursday, and Friday, except when such day is a	11787
holiday.	11788

(M) "Indigent" means unable without deprivation of	11789
satisfaction of basic needs to provide for the payment of an	11790
attorney and other necessary expenses of legal representation,	11791
including expert testimony.	11792

(N) "Respondent" means the person whose detention,	11793
commitment, hospitalization, continued hospitalization or	11794
commitment, or discharge is being sought in any proceeding under	11795
this chapter.	11796

(O) "Ohio protection and advocacy system" has the same	11797
meaning as in section 5123.60 of the Revised Code.	11798

(P) "Independent expert evaluation" means an evaluation	11799
conducted by a licensed clinical psychologist, psychiatrist, or	11800
licensed physician who has been selected by the respondent or the	11801
respondent's counsel and who consents to conducting the	11802
evaluation.	11803

(Q) "Court" means the probate division of the court of common	11804
pleas.	11805

(R) "Expunge" means:

11806

(1) The removal and destruction of court files and records,	11807
originals and copies, and the deletion of all index references;	11808

(2) The reporting to the person of the nature and extent of	11809
any information about the person transmitted to any other person	11810
by the court;	11811

(3) Otherwise insuring that any examination of court files	11812
and records in question shall show no record whatever with respect	11813
to the person;	11814

(4) That all rights and privileges are restored, and that the	11815
person, the court, and any other person may properly reply that no	11816
such record exists, as to any matter expunged.	11817

(S) "Residence" means a person's physical presence in a	11818
county with intent to remain there, except that:	11819

(1) If a person is receiving a mental health service at a	11820
facility that includes nighttime sleeping accommodations,	11821
residence means that county in which the person maintained the	11822
person's primary place of residence at the time the person entered	11823
the facility;	11824

(2) If a person is committed pursuant to section 2945.38,	11825
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	11826
residence means the county where the criminal charges were filed.	11827

When the residence of a person is disputed, the matter of	11828
residence shall be referred to the department of mental health and	11829
addiction services for investigation and determination. Residence	11830
shall not be a basis for a board's denying services to any person	11831
present in the board's service district, and the board shall	11832
provide services for a person whose residence is in dispute while	11833
residence is being determined and for a person in an emergency	11834
situation.	11835

(T) "Admission" to a hospital or other place means that a	11836
patient is accepted for and stays at least one night at the	11837
hospital or other place.	11838

(U) "Prosecutor" means the prosecuting attorney, village	11839
solicitor, city director of law, or similar chief legal officer	11840
who prosecuted a criminal case in which a person was found not	11841
guilty by reason of insanity, who would have had the authority to	11842
prosecute a criminal case against a person if the person had not	11843
been found incompetent to stand trial, or who prosecuted a case in	11844
which a person was found guilty.	11845

(V)(1) "Treatment plan" means a written statement of	11846
reasonable objectives and goals for an individual established by	11847
the treatment team, with specific criteria to evaluate progress	11848
towards achieving those objectives.	11849

(2) The active participation of the patient in establishing	11850
the objectives and goals shall be documented. The treatment plan	11851
shall be based on patient needs and include services to be	11852
provided to the patient while the patient is hospitalized, after	11853
the patient is discharged, or in an outpatient setting. The	11854
treatment plan shall address services to be provided. In the	11855
establishment of the treatment plan, consideration should be given	11856
to the availability of services, which may include but are not	11857
limited to all of the following:	11858

(a) Community psychiatric supportive treatment;

11859

(b) Assertive community treatment;

11860

11861

(d) Individual or group therapy;

11862

(e) Peer support services;

11863

(f) Financial services;

11864

(g) Housing or supervised living services;

11865

(h) Alcohol or substance abuse treatment;

11866

(i) Any other services prescribed to treat the patient's	11867
mental illness and to either assist the patient in living and	11868
functioning in the community or to help prevent a relapse or a	11869
deterioration of the patient's current condition.	11870

(3) If the person subject to the treatment plan has executed	11871
an advanced directive for mental health treatment, the treatment	11872
team shall consider any directions included in such advanced	11873
directive in developing the treatment plan.	11874

(W) "Community control sanction" has the same meaning as in	11875
section 2929.01 of the Revised Code.	11876

(X) "Post-release control sanction" has the same meaning as	11877
in section 2967.01 of the Revised Code.	11878

(Y) "Local correctional facility" has the same meaning as in	11879
section 2903.13 of the Revised Code.	11880

Sec. 5123.01. As used in this chapter:

11881

(A) "Chief medical officer" means the licensed physician	11882
appointed by the managing officer of an institution for ~~the~~	11883
~~mentally retarded~~persons with developmental disabilities that are	11884
intellectual disabilities with the approval of the director of	11885
developmental disabilities to provide medical treatment for	11886
residents of the institution.	11887

(B) "Chief program director" means a person with special	11888
training and experience in the diagnosis and management of ~~the~~	11889
~~mentally retarded~~persons with developmental disabilities that are	11890
intellectual disabilities, certified according to division (C) of	11891
this section in at least one of the designated fields, and	11892
appointed by the managing officer of an institution for ~~the~~	11893
~~mentally retarded~~persons with developmental disabilities that are	11894
intellectual disabilities with the approval of the director to	11895
provide habilitation and care for residents of the institution.	11896

(C) "Comprehensive evaluation" means a study, including a	11897
sequence of observations and examinations, of a person leading to	11898
conclusions and recommendations formulated jointly, with	11899
dissenting opinions if any, by a group of persons with special	11900
training and experience in the diagnosis and management of persons	11901
with ~~mental retardation or a~~ developmental ~~disability~~	11902
disabilities, which group shall include individuals who are	11903
professionally qualified in the fields of medicine, psychology,	11904
and social work, together with such other specialists as the	11905
individual case may require.	11906

(D) "Education" means the process of formal training and	11907
instruction to facilitate the intellectual and emotional	11908
development of residents.	11909

(E) "Habilitation" means the process by which the staff of	11910
the institution assists the resident in acquiring and maintaining	11911
those life skills that enable the resident to cope more	11912
effectively with the demands of the resident's own person and of	11913
the resident's environment and in raising the level of the	11914
resident's physical, mental, social, and vocational efficiency.	11915
Habilitation includes but is not limited to programs of formal,	11916
structured education and training.	11917

(F) "Health officer" means any public health physician,	11918
public health nurse, or other person authorized or designated by a	11919
city or general health district.	11920

(G) "Home and community-based services" means medicaid-funded	11921
home and community-based services specified in division (A)(1) of	11922
section 5166.20 of the Revised Code provided under the medicaid	11923
waiver components the department of developmental disabilities	11924
administers pursuant to section 5166.21 of the Revised Code.	11925
Except as provided in section 5123.0412 of the Revised Code, home	11926
and community-based services provided under the medicaid waiver	11927
component known as the transitions developmental disabilities	11928
waiver are to be considered to be home and community-based	11929
services for the purposes of this chapter, and Chapters 5124. and	11930
5126. of the Revised Code, only to the extent, if any, provided by	11931
the contract required by section 5166.21 of the Revised Code	11932
regarding the waiver.	11933

(H) "ICF/IID" has the same meaning as in section 5124.01 of	11934
the Revised Code.	11935

(I) "Indigent person" means a person who is unable, without	11936
substantial financial hardship, to provide for the payment of an	11937
attorney and for other necessary expenses of legal representation,	11938
including expert testimony.	11939

(J) "Institution" means a public or private facility, or a	11940
part of a public or private facility, that is licensed by the	11941
appropriate state department and is equipped to provide	11942
residential habilitation, care, and treatment for ~~the mentally~~	11943
~~retarded~~persons with developmental disabilities that are	11944
intellectual disabilities.	11945

(K) "Licensed physician" means a person who holds a valid	11946
certificate issued under Chapter 4731. of the Revised Code	11947
authorizing the person to practice medicine and surgery or	11948
osteopathic medicine and surgery, or a medical officer of the	11949
government of the United States while in the performance of the	11950
officer's official duties.	11951

(L) "Managing officer" means a person who is appointed by the	11952
director of developmental disabilities to be in executive control	11953
of an institution for ~~the mentally retarded~~persons with	11954
developmental disabilities that are intellectual disabilities	11955
under the jurisdiction of the department.	11956

(M) "Medicaid case management services" means case management	11957
services provided to an individual with ~~mental retardation or~~	11958
~~other~~a developmental disability that the state medicaid plan	11959
requires.	11960

(N) "~~Mentally retarded person~~Person with an intellectual	11961
disability" means a person having significantly subaverage general	11962
intellectual functioning existing concurrently with deficiencies	11963
in adaptive behavior, manifested during the developmental period.	11964

(O) "~~Mentally retarded person~~Person with an intellectual	11965
disability subject to institutionalization by court order" means a	11966
person eighteen years of age or older ~~who is~~with at least	11967
~~moderately mentally retarded~~a moderate level of intellectual	11968
diability and in relation to whom, because of the person's	11969
~~retardation~~disability, either of the following conditions exist:	11970

(1) The person represents a very substantial risk of physical	11971
impairment or injury to self as manifested by evidence that the	11972
person is unable to provide for and is not providing for the	11973
person's most basic physical needs and that provision for those	11974
needs is not available in the community;	11975

(2) The person needs and is susceptible to significant	11976
habilitation in an institution.	11977

(P) "A person ~~who is~~with at least ~~moderately mentally~~	11978
~~retarded~~a moderate level of intellectual disability" means a	11979
person who is found, following a comprehensive evaluation, to be	11980
impaired in adaptive behavior to a moderate degree and to be	11981
functioning at the moderate level of intellectual functioning in	11982
accordance with standard measurements as recorded in the most	11983
current revision of the ~~manual of terminology and classification~~	11984
~~in mental retardation~~intellectual disability definition,	11985
classification, and systems of support manual or its successor	11986
publication published by the American association on ~~mental~~	11987
~~retardation~~intellectual and developmental disabilities or its	11988
successor organization.	11989

(Q) As used in this division, "substantial functional	11990
limitation," "developmental delay," and "established risk" have	11991
the meanings established pursuant to section 5123.011 of the	11992
Revised Code.	11993

"Developmental disability" means a severe, chronic disability	11994
that is characterized by all of the following:	11995

(1) It is attributable to a mental or physical impairment or	11996
a combination of mental and physical impairments, other than a	11997
mental or physical impairment solely caused by mental illness as	11998
defined in division (A) of section 5122.01 of the Revised Code.	11999

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

12000

(3) It is likely to continue indefinitely.

12001

(4) It results in one of the following:

12002

(a) In the case of a person under three years of age, at	12003
least one developmental delay or an established risk;	12004

(b) In the case of a person at least three years of age but	12005
under six years of age, at least two developmental delays or an	12006
established risk;	12007

(c) In the case of a person six years of age or older, a	12008
substantial functional limitation in at least three of the	12009
following areas of major life activity, as appropriate for the	12010
person's age: self-care, receptive and expressive language,	12011
learning, mobility, self-direction, capacity for independent	12012
living, and, if the person is at least sixteen years of age,	12013
capacity for economic self-sufficiency.	12014

(5) It causes the person to need a combination and sequence	12015
of special, interdisciplinary, or other type of care, treatment,	12016
or provision of services for an extended period of time that is	12017
individually planned and coordinated for the person.	12018

(R) "~~Developmentally disabled person~~Developmental	12019
disability" includes intellectual disability. Person with a	12020
developmental disability means a person with a developmental	12021
disability, including a person with an intellectual disability.	12022

(S) "State institution" means an institution that is	12023
tax-supported and under the jurisdiction of the department.	12024

(T) "Residence" and "legal residence" have the same meaning	12025
as "legal settlement," which is acquired by residing in Ohio for a	12026
period of one year without receiving general assistance prior to	12027
July 17, 1995, under former Chapter 5113. of the Revised Code,	12028
financial assistance under Chapter 5115. of the Revised Code, or	12029
assistance from a private agency that maintains records of	12030
assistance given. A person having a legal settlement in the state	12031
shall be considered as having legal settlement in the assistance	12032
area in which the person resides. No adult person coming into this	12033
state and having a spouse or minor children residing in another	12034
state shall obtain a legal settlement in this state as long as the	12035
spouse or minor children are receiving public assistance, care, or	12036
support at the expense of the other state or its subdivisions. For	12037
the purpose of determining the legal settlement of a person who is	12038
living in a public or private institution or in a home subject to	12039
licensing by the department of job and family services, the	12040
department of mental health and addiction services, or the	12041
department of developmental disabilities, the residence of the	12042
person shall be considered as though the person were residing in	12043
the county in which the person was living prior to the person's	12044
entrance into the institution or home. Settlement once acquired	12045
shall continue until a person has been continuously absent from	12046
Ohio for a period of one year or has acquired a legal residence in	12047
another state. A woman who marries a man with legal settlement in	12048
any county immediately acquires the settlement of her husband. The	12049
legal settlement of a minor is that of the parents, surviving	12050
parent, sole parent, parent who is designated the residential	12051
parent and legal custodian by a court, other adult having	12052
permanent custody awarded by a court, or guardian of the person of	12053
the minor, provided that:	12054

(1) A minor female who marries shall be considered to have	12055
the legal settlement of her husband and, in the case of death of	12056
her husband or divorce, she shall not thereby lose her legal	12057
settlement obtained by the marriage.	12058

(2) A minor male who marries, establishes a home, and who has	12059
resided in this state for one year without receiving general	12060
assistance prior to July 17, 1995, under former Chapter 5113. of	12061
the Revised Code, financial assistance under Chapter 5115. of the	12062
Revised Code, or assistance from a private agency that maintains	12063
records of assistance given shall be considered to have obtained a	12064
legal settlement in this state.	12065

(3) The legal settlement of a child under eighteen years of	12066
age who is in the care or custody of a public or private child	12067
caring agency shall not change if the legal settlement of the	12068
parent changes until after the child has been in the home of the	12069
parent for a period of one year.	12070

No person, adult or minor, may establish a legal settlement	12071
in this state for the purpose of gaining admission to any state	12072
institution.	12073

(U)(1) "Resident" means, subject to division (U)(2) of this	12074
section, a person who is admitted either voluntarily or	12075
involuntarily to an institution or other facility pursuant to	12076
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	12077
Code subsequent to a finding of not guilty by reason of insanity	12078
or incompetence to stand trial or under this chapter who is under	12079
observation or receiving habilitation and care in an institution.	12080

(2) "Resident" does not include a person admitted to an	12081
institution or other facility under section 2945.39, 2945.40,	12082
2945.401, or 2945.402 of the Revised Code to the extent that the	12083
reference in this chapter to resident, or the context in which the	12084
reference occurs, is in conflict with any provision of sections	12085
2945.37 to 2945.402 of the Revised Code.	12086

(V) "Respondent" means the person whose detention,	12087
commitment, or continued commitment is being sought in any	12088
proceeding under this chapter.	12089

(W) "Working day" and "court day" mean Monday, Tuesday,	12090
Wednesday, Thursday, and Friday, except when such day is a legal	12091
holiday.	12092

(X) "Prosecutor" means the prosecuting attorney, village	12093
solicitor, city director of law, or similar chief legal officer	12094
who prosecuted a criminal case in which a person was found not	12095
guilty by reason of insanity, who would have had the authority to	12096
prosecute a criminal case against a person if the person had not	12097
been found incompetent to stand trial, or who prosecuted a case in	12098
which a person was found guilty.	12099

(Y) "Court" means the probate division of the court of common	12100
pleas.	12101

(Z) "Supported living" and "residential services" have the	12102
same meanings as in section 5126.01 of the Revised Code.	12103

Sec. 5123.012. (A) As used in this section:

12104

(1) "Biological risk" and "environmental risk" have the	12105
meanings established pursuant to section 5123.011 of the Revised	12106
Code.	12107

(2) "Preschool child with a disability" has the same meaning	12108
as in section 3323.01 of the Revised Code.	12109

(B) Except as provided in division (C) of this section, the	12110
department of developmental disabilities shall make eligibility	12111
determinations in accordance with the definition of "developmental	12112
disability" in section 5123.01 of the Revised Code. The department	12113
may adopt rules in accordance with Chapter 119. of the Revised	12114
Code establishing eligibility for programs and services for either	12115
of the following:	12116

(1) Individuals under age six who have a biological risk or	12117
environmental risk of a developmental delay;	12118

(2) Any preschool child with a disability eligible for	12119
services under section 3323.02 of the Revised Code whose	12120
disability is not attributable solely to mental illness as defined	12121
in section 5122.01 of the Revised Code.	12122

(C)(1) The department shall make determinations of	12123
eligibility for protective services in accordance with sections	12124
5123.55 to 5123.59 of the Revised Code.	12125

(2) Determinations of whether a ~~mentally retarded~~ person with	12126
an intellectual disability is subject to institutionalization by	12127
court order shall be made in accordance with sections 5123.71 to	12128
5123.76 of the Revised Code and shall be based on the definition	12129
of "~~mentally retarded~~ person with an intellectual disability	12130
subject to institutionalization by court order" in section 5123.01	12131
of the Revised Code.	12132

(3) All persons who were eligible for services and enrolled	12133
in programs offered by the department of developmental	12134
disabilities pursuant to this chapter on July 1, 1991, shall	12135
continue to be eligible for those services and to be enrolled in	12136
those programs as long as they are in need of services.	12137

Sec. 5123.014. (A) Whenever the department or director of	12138
mental retardation and developmental disabilities is referred to	12139
or designated in any statute, rule, contract, grant, or other	12140
document, the reference or designation shall be deemed to refer to	12141
the department or director of developmental disabilities, as the	12142
case may be.	12143

(B) Whenever "person with an intellectual disability subject	12144
to institutionalization by court order" is referred to or	12145
designated in any statute, rule, contract, grant, or other	12146
document, the reference or designation is deemed to have the same	12147
meaning as "mentally retarded person subject to	12148
institutionalization by court order," as defined in section	12149
5123.01 of the Revised Code prior to the effective date of this	12150
amendment.	12151

Sec. 5123.02. The department of developmental disabilities	12152
shall do the following:	12153

(A) Promote comprehensive statewide programs and services for	12154
persons with ~~mental retardation or a~~ developmental ~~disability~~	12155
disabilities and their families wherever they reside in the state.	12156
These programs shall include public education, prevention,	12157
diagnosis, treatment, training, and care.	12158

(B) Provide administrative leadership for statewide services	12159
which include residential facilities, evaluation centers, and	12160
community classes which are wholly or in part financed by the	12161
department of developmental disabilities as provided by section	12162
5123.26 of the Revised Code;	12163

(C) Develop and maintain, to the extent feasible, data on all	12164
services and programs for persons with ~~mental retardation or a~~	12165
developmental ~~disability~~disabilities, that are provided by	12166
governmental and private agencies;	12167

(D) Make periodic determinations of the number of persons	12168
with ~~mental retardation or a~~ developmental ~~disability~~disabilities	12169
requiring services in the state;	12170

(E) Provide leadership to local authorities in planning and	12171
developing community-wide services for persons with ~~mental~~	12172
~~retardation or a~~ developmental ~~disability~~disabilities and their	12173
families;	12174

(F) Promote programs of professional training and research in	12175
cooperation with other state departments, agencies, and	12176
institutions of higher learning.	12177

Sec. 5123.03. (A) The department of developmental	12178
disabilities shall do all of the following:	12179

(1) Maintain, operate, manage, and govern all state	12180
institutions for the care, treatment, and training of ~~the mentally~~	12181
~~retarded~~persons with developmental disabilities that are	12182
intellectual disabilities;	12183

(2) Designate all such institutions by appropriate names;

12184

(3) Provide and designate facilities for the custody, care,	12185
and special treatment of persons of the following classes:	12186

(a) Dangerous persons in state institutions for ~~the mentally~~	12187
~~retarded~~persons with developmental disabilities that are	12188
intellectual disabilities who represent a serious threat to the	12189
safety of the other patients of the institution;	12190

(b) Persons charged with crimes who are found incompetent to	12191
stand trial or not guilty by reason of insanity and who are also	12192
~~mentally retarded~~ persons with intellectual disabilities subject	12193
to institutionalization by court order.	12194

(4) Have control of all institutions maintained in part by	12195
the state for the care, treatment, and training of ~~the mentally~~	12196
~~retarded~~persons with developmental disabilities that are	12197
intellectual disabilities;	12198

(5) Administer the laws relative to persons in such	12199
institutions in an efficient, economical, and humane manner;	12200

(6) Ascertain by actual examinations and inquiry whether	12201
institutionalizations are made according to law.	12202

(B) The department may do any of the following:

12203

(1) Subject to section 5139.08 of the Revised Code, receive	12204
from the department of youth services for observation, diagnosis,	12205
care, habilitation, or placement of any children in the custody of	12206
the department of youth services;	12207

(2) Receive for observation any minor from a public	12208
institution other than an institution under the jurisdiction of	12209
the department of developmental disabilities, from a private	12210
charitable institution, or from a person having legal custody of	12211
such a minor, upon such terms as are proper;	12212

(3) Receive from the department of mental health and	12213
addiction services any patient in the custody of the department	12214
who is transferred to the department of developmental disabilities	12215
upon such terms and conditions as may be agreed upon by the two	12216
departments.	12217

(C) In addition to the powers and duties expressly conferred	12218
by this section, the department may take any other action	12219
necessary for the full and efficient executive, administrative,	12220
and fiscal supervision of the state institutions described in this	12221
section.	12222

Sec. 5123.033. The program fee fund is hereby created in the	12223
state treasury. All fees collected pursuant to sections 5123.161,	12224
5123.164, and 5123.19 of the Revised Code shall be credited to the	12225
fund. Money credited to the fund shall be used solely for the	12226
department of developmental disabilities' duties under sections	12227
5123.16 to 5123.1610, and 5123.19 of the Revised Code and to	12228
provide continuing education and professional training to	12229
providers of services to individuals with ~~mental retardation or a~~	12230
developmental ~~disability~~disabilities. If the money credited to	12231
the fund is inadequate to pay all of the department's costs in	12232
performing those duties and providing the continuing education and	12233
professional training, the department may use other available	12234
funds appropriated to the department to pay the remaining costs of	12235
performing those duties and providing the continuing education and	12236
professional training.	12237

Sec. 5123.04. (A) The director of developmental disabilities	12238
is the executive head of the department of developmental	12239
disabilities. All duties conferred on the department and its	12240
institutions by law or by order of the director shall be performed	12241
under such rules as the director prescribes, and shall be under	12242
the director's control. The director shall establish bylaws for	12243
the government of all institutions under the jurisdiction of the	12244
department. Except as otherwise is provided as to appointments by	12245
chiefs of divisions, the director shall appoint such employees as	12246
are necessary for the efficient conduct of the department, and	12247
shall prescribe their titles and duties. If the director is not a	12248
licensed physician, decisions relating to medical diagnosis and	12249
treatment shall be the responsibility of a licensed physician	12250
appointed by the director.	12251

(B) The director shall adopt rules for the proper execution	12252
of the powers and duties of the department.	12253

(C) The director shall adopt rules establishing standards	12254
that ~~mental retardation~~ programs and facilities for persons with	12255
developmental disabilities that are intellectual disabilities	12256
shall follow when performing evaluations of the mental condition	12257
of defendants ordered by the court under section 2919.271 or	12258
2945.371 of the Revised Code, and for the treatment of defendants	12259
who have been found incompetent to stand trial under section	12260
2945.38 of the Revised Code, and certify the compliance of such	12261
programs and facilities with the standards.	12262

(D) On behalf of the department, the director has the	12263
authority to, and responsibility for, entering into contracts and	12264
other agreements.	12265

(E) The director shall adopt rules in accordance with Chapter	12266
119. of the Revised Code that do all of the following:	12267

(1) Specify the supplemental services that may be provided	12268
through a trust authorized by section 5815.28 of the Revised Code;	12269

(2) Establish standards for the maintenance and distribution	12270
to a beneficiary of assets of a trust authorized by section	12271
5815.28 of the Revised Code.	12272

(F) The director shall provide monitoring of county boards of	12273
developmental disabilities.	12274

Sec. 5123.044. The department of developmental disabilities	12275
shall determine whether county boards of developmental	12276
disabilities violate the rights that individuals with ~~mental~~	12277
~~retardation or other~~ developmental disabilities have under section	12278
5126.046 of the Revised Code to obtain home and community-based	12279
services, nonmedicaid residential services, or nonmedicaid	12280
supported living from qualified and willing providers. The	12281
department shall provide assistance to an individual with ~~mental~~	12282
~~retardation or other~~a developmental disability who requests	12283
assistance with the individual's rights under that section if the	12284
department is notified of a county board's alleged violation of	12285
the individual's rights under that section.	12286

Sec. 5123.0410. An individual with ~~mental retardation or~~	12287
~~other~~a developmental disability who moves from one county in this	12288
state to another county in this state shall receive home and	12289
community-based services in the new county that are comparable in	12290
scope to the home and community-based services the individual	12291
receives in the prior county at the time the individual moves. If	12292
the county board serving the county to which the individual moves	12293
determines under section 5126.041 of the Revised Code that the	12294
individual is eligible for county board services, the county board	12295
shall ensure that the individual receives the comparable services.	12296
If the county board determines that the individual is not eligible	12297
for county board services, the department of developmental	12298
disabilities shall ensure that the individual receives the	12299
comparable services.	12300

If the home and community-based services that the individual	12301
receives at the time the individual moves include supported living	12302
or residential services, the department shall reduce the amount	12303
the department allocates to the county board serving the county	12304
the individual left for those supported living or residential	12305
services by an amount that equals the payment the department	12306
authorizes or projects, or both, for those supported living or	12307
residential services from the last day the individual resides in	12308
the county to the last day of the state fiscal year in which the	12309
individual moves. The department shall increase the amount the	12310
department allocates to the county board serving the county the	12311
individual moves to by the same amount. The department shall make	12312
the reduction and increase effective the day the department	12313
determines the individual has residence in the new county. The	12314
department shall determine the amount that is to be reduced and	12315
increased in accordance with the department's rules for	12316
authorizing payments for home and community-based services	12317
established adopted under section 5123.049 of the Revised Code.	12318
The department shall annualize the reduction and increase for the	12319
subsequent state fiscal year as necessary.	12320

Sec. 5123.0412. (A) The department of developmental	12321
disabilities shall charge each county board of developmental	12322
disabilities an annual fee equal to one and one-quarter per cent	12323
of the total value of all medicaid paid claims for home and	12324
community-based services provided during the year to an individual	12325
eligible for services from the county board. However, the	12326
department shall not charge the fee for home and community-based	12327
services provided under the medicaid waiver component known as the	12328
transitions developmental disabilities waiver. No county board	12329
shall pass the cost of a fee charged to the county board under	12330
this section on to another provider of these services.	12331

(B) The fees collected under this section shall be deposited	12332
into the ~~ODDD~~department of developmental disabilities	12333
administration and oversight fund, which is hereby created in the	12334
state treasury. The department shall use the money in the ~~ODDD~~	12335
department of developmental disabilities administration and	12336
oversight fund for both of the following purposes:	12337

(1) Medicaid administrative costs, including administrative	12338
and oversight costs of medicaid case management services and home	12339
and community-based services. The administrative and oversight	12340
costs of medicaid case management services and home and	12341
community-based services shall include costs for staff, systems,	12342
and other resources the department needs and dedicates solely to	12343
the following duties associated with the services:	12344

(a) Eligibility determinations;

12345

(b) Training;

12346

12347

(d) Claims processing;

12348

(e) Quality assurance oversight;

12349

(f) Other duties the department identifies.

12350

(2) Providing technical support to county boards' local	12351
administrative authority under section 5126.055 of the Revised	12352
Code for the services.	12353

(C) The department shall submit an annual report to the	12354
director of budget and management certifying how the department	12355
spent the money in the ~~ODDD~~department of developmental	12356
disabilities administration and oversight fund for the purposes	12357
specified in division (B) of this section.	12358

Sec. 5123.0413. The department of developmental	12359
disabilities, in consultation with the department of job and	12360
family services, office of budget and management, and county	12361
boards of developmental disabilities, shall adopt rules in	12362
accordance with Chapter 119. of the Revised Code to establish both	12363
of the following in the event a county property tax levy for	12364
services for individuals with ~~mental retardation or other~~	12365
developmental ~~disability~~disabilities fails:	12366

(A) A method of paying for home and community-based services;

12367

(B) A method of reducing the number of individuals a county	12368
board would otherwise be required by section 5126.0512 of the	12369
Revised Code to ensure are enrolled in home and community-based	12370
services.	12371

Sec. 5123.0418. (A) In addition to other authority granted	12372
the director of developmental disabilities for use of funds	12373
appropriated to the department of developmental disabilities, the	12374
director may use such funds for the following purposes:	12375

(1) All of the following to assist persons with ~~mental~~	12376
~~retardation or a~~ developmental ~~disability~~disabilities remain in	12377
the community and avoid institutionalization:	12378

(a) Behavioral and short-term interventions;

12379

(b) Residential services;

12380

12381

(2) Respite care services;

12382

(3) Staff training to help the following personnel serve	12383
persons with ~~mental retardation or a~~ developmental ~~disability~~	12384
disabilities in the community:	12385

(a) Employees of, and personnel under contract with, county	12386
boards of developmental disabilities;	12387

(b) Employees of providers of supported living;

12388

12389

(d) Other personnel the director identifies.

12390

(B) The director may establish priorities for using funds for	12391
the purposes specified in division (A) of this section. The	12392
director shall use the funds in a manner consistent with the	12393
appropriations that authorize the director to use the funds and	12394
all other state and federal laws governing the use of the funds.	12395

Sec. 5123.081. (A) As used in this section:

12396

(1)(a) "Applicant" means any of the following:

12397

(i) A person who is under final consideration for appointment	12398
to or employment with the department of developmental disabilities	12399
or a county board of developmental disabilities;	12400

(ii) A person who is being transferred to the department or a	12401
county board;	12402

(iii) An employee who is being recalled to or reemployed by	12403
the department or a county board after a layoff;	12404

(iv) A person under final consideration for a direct services	12405
position with a provider or subcontractor.	12406

(b) Neither of the following is an applicant:

12407

(i) A person who is employed by a responsible entity in a	12408
position for which a criminal records check is required by this	12409
section and either is being considered for a different position	12410
with the responsible entity or is returning after a leave of	12411
absence or seasonal break in employment, unless the responsible	12412
entity has reason to believe that the person has committed a	12413
disqualifying offense;	12414

(ii) A person who is to provide only respite care under a	12415
family support services program established under section 5126.11	12416
of the Revised Code if a family member of the individual with	12417
~~mental retardation or~~ a developmental disability who is to receive	12418
the respite care selects the person.	12419

(2) "Criminal records check" has the same meaning as in	12420
section 109.572 of the Revised Code.	12421

(3) "Direct services position" means an employment position	12422
in which the employee has the opportunity to be alone with or	12423
exercises supervision or control over one or more individuals with	12424
~~mental retardation or~~ a developmental disability.	12425

(4) "Disqualifying offense" means any of the offenses listed	12426
or described in divisions (A)(3)(a) to (e) of section 109.572 of	12427
the Revised Code.	12428

(5)(a) "Employee" means either of the following:

12429

(i) A person appointed to or employed by the department of	12430
developmental disabilities or a county board of developmental	12431
disabilities;	12432

(ii) A person employed in a direct services position by a	12433
provider or subcontractor.	12434

(b) "Employee" does not mean a person who provides only	12435
respite care under a family support services program established	12436
under section 5126.11 of the Revised Code if a family member of	12437
the individual with ~~mental retardation or~~ a developmental	12438
disability who receives the respite care selected the person.	12439

(6) "Minor drug possession offense" has the same meaning as	12440
in section 2925.01 of the Revised Code.	12441

(7) "Provider" means a person that provides specialized	12442
services to individuals with ~~mental retardation or a~~ developmental	12443
~~disability~~disabilities and employs one or more persons in direct	12444
services positions.	12445

(8) "Responsible entity" means the following:

12446

(a) The department of developmental disabilities in the case	12447
of either of the following:	12448

(i) A person who is an applicant because the person is under	12449
final consideration for appointment to or employment with the	12450
department, being transferred to the department, or being recalled	12451
to or reemployed by the department after a layoff;	12452

(ii) A person who is an employee because the person is	12453
appointed to or employed by the department.	12454

(b) A county board of developmental disabilities in the case	12455
of either of the following:	12456

(i) A person who is an applicant because the person is under	12457
final consideration for appointment to or employment with the	12458
county board, being transferred to the county board, or being	12459
recalled to or reemployed by the county board after a layoff;	12460

(ii) A person who is an employee because the person is	12461
appointed to or employed by the county board.	12462

12463

(i) A person who is an applicant because the person is under	12464
final consideration for a direct services position with the	12465
provider;	12466

(ii) A person who is an employee because the person is	12467
employed in a direct services position by the provider.	12468

(d) A subcontractor in the case of either of the following:

12469

(i) A person who is an applicant because the person is under	12470
final consideration for a direct services position with the	12471
subcontractor;	12472

(ii) A person who is an employee because the person is	12473
employed in a direct services position by the subcontractor.	12474

(9) "Specialized services" means any program or service	12475
designed and operated to serve primarily individuals with ~~mental~~	12476
~~retardation or a~~ developmental ~~disability~~disabilities, including	12477
a program or service provided by an entity licensed or certified	12478
by the department of developmental disabilities. If there is a	12479
question as to whether a provider or subcontractor is providing	12480
specialized services, the provider or subcontractor may request	12481
that the director of developmental disabilities make a	12482
determination. The director's determination is final.	12483

(10) "Subcontractor" means a person to which both of the	12484
following apply:	12485

(a) The person has either of the following:

12486

(i) A subcontract with a provider to provide specialized	12487
services included in the contract between the provider and the	12488
department of developmental disabilities or a county board of	12489
developmental disabilities;	12490

(ii) A subcontract with another subcontractor to provide	12491
specialized services included in a subcontract between the other	12492
subcontractor and a provider or other subcontractor.	12493

(b) The person employs one or more persons in direct services	12494
positions.	12495

(B) A responsible entity shall not employ an applicant or	12496
continue to employ an employee if either of the following applies:	12497

(1) The applicant or employee fails to comply with division	12498
(D)(3) of this section.	12499

(2) Except as provided in rules adopted under this section,	12500
the applicant or employee is found by a criminal records check	12501
required by this section to have been convicted of, pleaded guilty	12502
to, or been found eligible for intervention in lieu of conviction	12503
for a disqualifying offense.	12504

(C) Before employing an applicant in a position for which a	12505
criminal records check is required by this section, a responsible	12506
entity shall require the applicant to submit a statement with the	12507
applicant's signature attesting that the applicant has not been	12508
convicted of, pleaded guilty to, or been found eligible for	12509
intervention in lieu of conviction for a disqualifying offense.	12510
The responsible entity also shall require the applicant to sign an	12511
agreement under which the applicant agrees to notify the	12512
responsible entity within fourteen calendar days if, while	12513
employed by the responsible entity, the applicant is formally	12514
charged with, is convicted of, pleads guilty to, or is found	12515
eligible for intervention in lieu of conviction for a	12516
disqualifying offense. The agreement shall provide that the	12517
applicant's failure to provide the notification may result in	12518
termination of the applicant's employment.	12519

(D)(1) As a condition of employing any applicant in a	12520
position for which a criminal records check is required by this	12521
section, a responsible entity shall request the superintendent of	12522
the bureau of criminal identification and investigation to conduct	12523
a criminal records check of the applicant. If rules adopted under	12524
this section require an employee to undergo a criminal records	12525
check, a responsible entity shall request the superintendent to	12526
conduct a criminal records check of the employee at times	12527
specified in the rules as a condition of the responsible entity's	12528
continuing to employ the employee in a position for which a	12529
criminal records check is required by this section. If an	12530
applicant or employee does not present proof that the applicant or	12531
employee has been a resident of this state for the five-year	12532
period immediately prior to the date upon which the criminal	12533
records check is requested, the responsible entity shall request	12534
that the superintendent obtain information from the federal bureau	12535
of investigation as a part of the criminal records check. If the	12536
applicant or employee presents proof that the applicant or	12537
employee has been a resident of this state for that five-year	12538
period, the responsible entity may request that the superintendent	12539
include information from the federal bureau of investigation in	12540
the criminal records check. For purposes of this division, an	12541
applicant or employee may provide proof of residency in this state	12542
by presenting, with a notarized statement asserting that the	12543
applicant or employee has been a resident of this state for that	12544
five-year period, a valid driver's license, notification of	12545
registration as an elector, a copy of an officially filed federal	12546
or state tax form identifying the applicant's or employee's	12547
permanent residence, or any other document the responsible entity	12548
considers acceptable.	12549

(2) A responsible entity shall do all of the following:

12550

(a) Provide to each applicant and employee for whom a	12551
criminal records check is required by this section a copy of the	12552
form prescribed pursuant to division (C)(1) of section 109.572 of	12553
the Revised Code and a standard impression sheet to obtain	12554
fingerprint impressions prescribed pursuant to division (C)(2) of	12555
section 109.572 of the Revised Code;	12556

(b) Obtain the completed form and standard impression sheet	12557
from the applicant or employee;	12558

(c) Forward the completed form and standard impression sheet	12559
to the superintendent at the time the criminal records check is	12560
requested.	12561

(3) Any applicant or employee who receives pursuant to this	12562
division a copy of the form prescribed pursuant to division (C)(1)	12563
of section 109.572 of the Revised Code and a copy of the standard	12564
impression sheet prescribed pursuant to division (C)(2) of that	12565
section and who is requested to complete the form and provide a	12566
set of the applicant's or employee's fingerprint impressions shall	12567
complete the form or provide all the information necessary to	12568
complete the form and shall provide the standard impression sheet	12569
with the impressions of the applicant's or employee's	12570
fingerprints.	12571

(4) A responsible entity shall pay to the bureau of criminal	12572
identification and investigation the fee prescribed pursuant to	12573
division (C)(3) of section 109.572 of the Revised Code for each	12574
criminal records check requested and conducted pursuant to this	12575
section.	12576

(E) A responsible entity may request any other state or	12577
federal agency to supply the responsible entity with a written	12578
report regarding the criminal record of an applicant or employee.	12579
If an employee holds an occupational or professional license or	12580
other credentials, the responsible entity may request that the	12581
state or federal agency that regulates the employee's occupation	12582
or profession supply the responsible entity with a written report	12583
of any information pertaining to the employee's criminal record	12584
that the agency obtains in the course of conducting an	12585
investigation or in the process of renewing the employee's license	12586
or other credentials. The responsible entity may consider the	12587
reports when determining whether to employ the applicant or to	12588
continue to employ the employee.	12589

(F) As a condition of employing an applicant in a position	12590
for which a criminal records check is required by this section and	12591
that involves transporting individuals with ~~mental retardation or~~	12592
developmental disabilities or operating a responsible entity's	12593
vehicles for any purpose, the responsible entity shall obtain the	12594
applicant's driving record from the bureau of motor vehicles. If	12595
rules adopted under this section require a responsible entity to	12596
obtain an employee's driving record, the responsible entity shall	12597
obtain the employee's driving record from the bureau at times	12598
specified in the rules as a condition of continuing to employ the	12599
employee. The responsible entity may consider the applicant's or	12600
employee's driving record when determining whether to employ the	12601
applicant or to continue to employ the employee.	12602

(G) A responsible entity may employ an applicant	12603
conditionally pending receipt of a report regarding the applicant	12604
requested under this section. The responsible entity shall	12605
terminate the applicant's employment if it is determined from a	12606
report that the applicant failed to inform the responsible entity	12607
that the applicant had been convicted of, pleaded guilty to, or	12608
been found eligible for intervention in lieu of conviction for a	12609
disqualifying offense.	12610

(H) A responsible entity may charge an applicant a fee for	12611
costs the responsible entity incurs in obtaining a report	12612
regarding the applicant under this section if the responsible	12613
entity notifies the applicant of the amount of the fee at the time	12614
of the applicant's initial application for employment and that,	12615
unless the fee is paid, the responsible entity will not consider	12616
the applicant for employment. The fee shall not exceed the amount	12617
of the fee, if any, the responsible entity pays for the report.	12618

(I)(1) Any report obtained pursuant to this section is not a	12619
public record for purposes of section 149.43 of the Revised Code	12620
and shall not be made available to any person, other than the	12621
following:	12622

(a) The applicant or employee who is the subject of the	12623
report or the applicant's or employee's representative;	12624

(b) The responsible entity that requested the report or its	12625
representative;	12626

(c) The department if a county board, provider, or	12627
subcontractor is the responsible entity that requested the report	12628
and the department requests the responsible entity to provide a	12629
copy of the report to the department;	12630

(d) A county board if a provider or subcontractor is the	12631
responsible entity that requested the report and the county board	12632
requests the responsible entity to provide a copy of the report to	12633
the county board;	12634

(e) Any court, hearing officer, or other necessary individual	12635
involved in a case dealing with any of the following:	12636

(i) The denial of employment to the applicant or employee;

12637

(ii) The denial, suspension, or revocation of a certificate	12638
under section 5123.166 or 5123.45 of the Revised Code;	12639

(iii) A civil or criminal action regarding the medicaid	12640
program or a program the department administers.	12641

(2) An applicant or employee for whom the responsible entity	12642
has obtained reports under this section may submit a written	12643
request to the responsible entity to have copies of the reports	12644
sent to any state agency, entity of local government, or private	12645
entity. The applicant or employee shall specify in the request the	12646
agencies or entities to which the copies are to be sent. On	12647
receiving the request, the responsible entity shall send copies of	12648
the reports to the agencies or entities specified.	12649

(3) A responsible entity may request that a state agency,	12650
entity of local government, or private entity send copies to the	12651
responsible entity of any report regarding a records check or	12652
criminal records check that the agency or entity possesses, if the	12653
responsible entity obtains the written consent of the individual	12654
who is the subject of the report.	12655

(4) A responsible entity shall provide each applicant and	12656
employee with a copy of any report obtained about the applicant or	12657
employee under this section.	12658

(J) The director of developmental disabilities shall adopt	12659
rules in accordance with Chapter 119. of the Revised Code to	12660
implement this section.	12661

(1) The rules may do the following:

12662

(a) Require employees to undergo criminal records checks	12663
under this section;	12664

(b) Require responsible entities to obtain the driving	12665
records of employees under this section;	12666

(c) If the rules require employees to undergo criminal	12667
records checks, require responsible entities to obtain the driving	12668
records of employees, or both, exempt one or more classes of	12669
employees from the requirements.	12670

(2) The rules shall do both of the following:

12671

(a) If the rules require employees to undergo criminal	12672
records checks, require responsible entities to obtain the driving	12673
records of employees, or both, specify the times at which the	12674
criminal records checks are to be conducted and the driving	12675
records are to be obtained;	12676

(b) Specify circumstances under which a responsible entity	12677
may employ an applicant or employee who is found by a criminal	12678
records check required by this section to have been convicted of,	12679
pleaded guilty to, or been found eligible for intervention in lieu	12680
of conviction for a disqualifying offense but meets standards in	12681
regard to rehabilitation set by the director.	12682

Sec. 5123.092. (A) There is hereby established at each	12683
institution and branch institution under the control of the	12684
department of developmental disabilities a citizen's advisory	12685
council consisting of thirteen members. At least seven of the	12686
members shall be persons who are not providers of ~~mental~~	12687
~~retardation~~ services for persons with developmental disabilities	12688
that are intellectual disabilities. Each council shall include	12689
parents or other relatives of residents of institutions under the	12690
control of the department, community leaders, professional persons	12691
in relevant fields, and persons who have an interest in or	12692
knowledge of ~~mental retardation~~developmental disabilities that	12693
are intellectual disabilities. The managing officer of the	12694
institution shall be a nonvoting member of the council.	12695

(B) The director of developmental disabilities shall be the	12696
appointing authority for the voting members of each citizen's	12697
advisory council. Each time the term of a voting member expires,	12698
the remaining members of the council shall recommend to the	12699
director one or more persons to serve on the council. The director	12700
may accept a nominee of the council or reject the nominee or	12701
nominees. If the director rejects the nominee or nominees, the	12702
remaining members of the advisory council shall further recommend	12703
to the director one or more other persons to serve on the advisory	12704
council. This procedure shall continue until a member is appointed	12705
to the advisory council.	12706

Each advisory council shall elect from its appointed members	12707
a chairperson, vice-chairperson, and a secretary to serve for	12708
terms of one year. Advisory council officers shall not serve for	12709
more than two consecutive terms in the same office. A majority of	12710
the advisory council members constitutes a quorum.	12711

(C) Terms of office shall be for three years, each term	12712
ending on the same day of the same month of the year as did the	12713
term which it succeeds. No member shall serve more than two	12714
consecutive terms, except that any former member may be appointed	12715
if one year or longer has elapsed since the member served two	12716
consecutive terms. Each member shall hold office from the date of	12717
appointment until the end of the term for which the member was	12718
appointed. Any vacancy shall be filled in the same manner in which	12719
the original appointment was made, and the appointee to a vacancy	12720
in an unexpired term shall serve the balance of the term of the	12721
original appointee. Any member shall continue in office subsequent	12722
to the expiration date of the member's term until the member's	12723
successor takes office, or until a period of sixty days has	12724
elapsed, whichever occurs first.	12725

(D) Members shall be expected to attend all meetings of the	12726
advisory council. Unexcused absence from two successive regularly	12727
scheduled meetings shall be considered prima-facie evidence of	12728
intent not to continue as a member. The chairperson of the board	12729
shall, after a member has been absent for two successive regularly	12730
scheduled meetings, direct a letter to the member asking if the	12731
member wishes to remain in membership. If an affirmative reply is	12732
received, the member shall be retained as a member except that,	12733
if, after having expressed a desire to remain a member, the member	12734
then misses a third successive regularly scheduled meeting without	12735
being excused, the chairperson shall terminate the member's	12736
membership.	12737

(E) A citizen's advisory council shall meet six times	12738
annually, or more frequently if three council members request the	12739
chairperson to call a meeting. The council shall keep minutes of	12740
each meeting and shall submit them to the managing officer of the	12741
institution with which the council is associated and the	12742
department of developmental disabilities.	12743

(F) Members of citizen's advisory councils shall receive no	12744
compensation for their services, except that they shall be	12745
reimbursed for their actual and necessary expenses incurred in the	12746
performance of their official duties by the institution with which	12747
they are associated from funds allocated to it, provided that	12748
reimbursement for those expenses shall not exceed limits imposed	12749
upon the department of developmental disabilities by	12750
administrative rules regulating travel within this state.	12751

(G) The councils shall have reasonable access to all patient	12752
treatment and living areas and records of the institution, except	12753
those records of a strictly personal or confidential nature. The	12754
councils shall have access to a patient's personal records with	12755
the consent of the patient or the patient's legal guardian or, if	12756
the patient is a minor, with the consent of the parent or legal	12757
guardian of the patient.	12758

(H) As used in this section, "branch institution" means a	12759
facility that is located apart from an institution and is under	12760
the control of the managing officer of the institution.	12761

Sec. 5123.093. The citizen's advisory councils established	12762
under section 5123.092 of the Revised Code shall:	12763

(A) Transmit verbal or written information from any person or	12764
organization associated with the institution or within the	12765
community, that an advisory council considers important, to the	12766
director of developmental disabilities;	12767

(B) Review the records of all applicants to any unclassified	12768
position at the institution, except for resident physician	12769
positions filled under section 5123.11 of the Revised Code;	12770

(C) Review and evaluate institutional employee training and	12771
continuing education programs;	12772

(D) On or before the thirty-first day of January of each	12773
year, submit a written report to the director of developmental	12774
disabilities regarding matters affecting the institution	12775
including, but not limited to, allegations of dehumanizing	12776
practices and violations of individual or legal rights;	12777

(E) Review institutional budgets, programs, services, and	12778
planning;	12779

(F) Develop and maintain relationships within the community	12780
with community ~~mental retardation and~~ developmental disabilities	12781
organizations;	12782

(G) Participate in the formulation of the institution's	12783
objectives, administrative procedures, program philosophy, and	12784
long range goals;	12785

(H) Bring any matter that an advisory council considers	12786
important to the attention of the joint council on developmental	12787
disabilities and the director of developmental disabilities;	12788

(I) Recommend to the director of developmental disabilities	12789
persons for appointment to citizen's advisory councils;	12790

(J) Adopt any rules or procedures necessary to carry out this	12791
section.	12792

The chairperson of the advisory council or the chairperson's	12793
designee shall be notified within twenty-four hours of any alleged	12794
incident of abuse to a resident or staff member by anyone.	12795
Incidents of resident or staff abuse shall include, but not be	12796
limited to, sudden deaths, accidents, suicides, attempted	12797
suicides, injury caused by other persons, alleged criminal acts,	12798
errors in prescribing or administering medication, theft from	12799
clients, fires, epidemic disease, administering unprescribed	12800
drugs, unauthorized use of restraint, withholding of information	12801
concerning alleged abuse, neglect, or any deprivation of rights as	12802
defined in Chapter 5122. or 5123. of the Revised Code.	12803

Sec. 5123.122. Notwithstanding section 5121.04 of the	12804
Revised Code and except as provided in section 5123.194 of the	12805
Revised Code, the liable relative of a ~~mentally retarded or~~	12806
~~developmentally disabled~~ person with a developmental disability	12807
who is a minor receiving residential services pursuant to a	12808
contract entered into with the department of developmental	12809
disabilities under section 5123.18 of the Revised Code shall be	12810
charged for the minor's support the percentage of a base support	12811
rate determined in accordance with division (B)(2) of section	12812
5121.04 of the Revised Code.	12813

Sec. 5123.165. (A) Except as provided in division (B) of	12814
this section, no person or government entity may provide supported	12815
living to an individual with ~~mental retardation or~~ a developmental	12816
disability if the person or government entity also provides the	12817
individual a residence.	12818

(B) A person may provide supported living to an individual	12819
with ~~mental retardation or~~ a developmental disability even though	12820
the person also provides the individual a residence if either of	12821
the following apply:	12822

(1) The person also resides in the residence with the	12823
individual and does not provide at any one time supported living	12824
to more than a total of three individuals with ~~mental retardation~~	12825
~~or a~~ developmental ~~disability~~disabilities who reside in that	12826
residence;	12827

(2) The person is an association of family members related to	12828
two or more of the individuals with ~~mental retardation or a~~	12829
developmental ~~disability~~disabilities who reside in the residence	12830
and does not provide at any one time supported living to more than	12831
a total of four individuals with ~~mental retardation or a~~	12832
developmental ~~disability~~disabilities who reside in that	12833
residence.	12834

Sec. 5123.169. (A) The director of developmental	12835
disabilities shall not issue a supported living certificate to an	12836
applicant or renew an applicant's supported living certificate if	12837
either of the following applies:	12838

(1) The applicant fails to comply with division (C)(2) of	12839
this section;	12840

(2) Except as provided in rules adopted under section	12841
5123.1610 of the Revised Code, the applicant is found by a	12842
criminal records check required by this section to have been	12843
convicted of, pleaded guilty to, or been found eligible for	12844
intervention in lieu of conviction for a disqualifying offense.	12845

(B) Before issuing a supported living certificate to an	12846
applicant or renewing an applicant's supported living certificate,	12847
the director shall require the applicant to submit a statement	12848
with the applicant's signature attesting that the applicant has	12849
not been convicted of, pleaded guilty to, or been found eligible	12850
for intervention in lieu of conviction for a disqualifying	12851
offense. The director also shall require the applicant to sign an	12852
agreement under which the applicant agrees to notify the director	12853
within fourteen calendar days if, while holding a supported living	12854
certificate, the applicant is formally charged with, is convicted	12855
of, pleads guilty to, or is found eligible for intervention in	12856
lieu of conviction for a disqualifying offense. The agreement	12857
shall provide that the applicant's failure to provide the	12858
notification may result in action being taken by the director	12859
against the applicant under section 5123.166 of the Revised Code.	12860

(C)(1) As a condition of receiving a supported living	12861
certificate or having a supported living certificate renewed, an	12862
applicant shall request the superintendent of the bureau of	12863
criminal identification and investigation to conduct a criminal	12864
records check of the applicant. If an applicant does not present	12865
proof to the director that the applicant has been a resident of	12866
this state for the five-year period immediately prior to the date	12867
that the applicant applies for issuance or renewal of the	12868
supported living certificate, the director shall require the	12869
applicant to request that the superintendent obtain information	12870
from the federal bureau of investigation as a part of the criminal	12871
records check. If the applicant presents proof to the director	12872
that the applicant has been a resident of this state for that	12873
five-year period, the director may require the applicant to	12874
request that the superintendent include information from the	12875
federal bureau of investigation in the criminal records check. For	12876
purposes of this division, an applicant may provide proof of	12877
residency in this state by presenting, with a notarized statement	12878
asserting that the applicant has been a resident of this state for	12879
that five-year period, a valid driver's license, notification of	12880
registration as an elector, a copy of an officially filed federal	12881
or state tax form identifying the applicant's permanent residence,	12882
or any other document the director considers acceptable.	12883

(2) Each applicant shall do all of the following:

12884

(a) Obtain a copy of the form prescribed pursuant to division	12885
(C)(1) of section 109.572 of the Revised Code and a standard	12886
impression sheet prescribed pursuant to division (C)(2) of section	12887
109.572 of the Revised Code;	12888

(b) Complete the form and provide the applicant's fingerprint	12889
impressions on the standard impression sheet;	12890

(c) Forward the completed form and standard impression sheet	12891
to the superintendent at the time the criminal records check is	12892
requested;	12893

(d) Instruct the superintendent to submit the completed	12894
report of the criminal records check directly to the director;	12895

(e) Pay to the bureau of criminal identification and	12896
investigation the fee prescribed pursuant to division (C)(3) of	12897
section 109.572 of the Revised Code for each criminal records	12898
check of the applicant requested and conducted pursuant to this	12899
section.	12900

(D) The director may request any other state or federal	12901
agency to supply the director with a written report regarding the	12902
criminal record of an applicant. The director may consider the	12903
reports when determining whether to issue a supported living	12904
certificate to the applicant or to renew an applicant's supported	12905
living certificate.	12906

(E) An applicant who seeks to be an independent provider or	12907
is an independent provider seeking renewal of the applicant's	12908
supported living certificate shall obtain the applicant's driving	12909
record from the bureau of motor vehicles and provide a copy of the	12910
record to the director if the supported living that the applicant	12911
will provide involves transporting individuals with ~~mental~~	12912
~~retardation or~~ developmental disabilities. The director may	12913
consider the applicant's driving record when determining whether	12914
to issue the applicant a supported living certificate or to renew	12915
the applicant's supported living certificate.	12916

(F)(1) A report obtained pursuant to this section is not a	12917
public record for purposes of section 149.43 of the Revised Code	12918
and shall not be made available to any person, other than the	12919
following:	12920

(a) The applicant who is the subject of the report or the	12921
applicant's representative;	12922

(b) The director or the director's representative;

12923

(c) Any court, hearing officer, or other necessary individual	12924
involved in a case dealing with any of the following:	12925

(i) The denial of a supported living certificate or refusal	12926
to renew a supported living certificate;	12927

(ii) The denial, suspension, or revocation of a certificate	12928
under section 5123.45 of the Revised Code;	12929

(iii) A civil or criminal action regarding the medicaid	12930
program.	12931

(2) An applicant for whom the director has obtained reports	12932
under this section may submit a written request to the director to	12933
have copies of the reports sent to any person or state or local	12934
government entity. The applicant shall specify in the request the	12935
person or entities to which the copies are to be sent. On	12936
receiving the request, the director shall send copies of the	12937
reports to the persons or entities specified.	12938

(3) The director may request that a person or state or local	12939
government entity send copies to the director of any report	12940
regarding a records check or criminal records check that the	12941
person or entity possesses, if the director obtains the written	12942
consent of the individual who is the subject of the report.	12943

(4) The director shall provide each applicant with a copy of	12944
any report obtained about the applicant under this section.	12945

Sec. 5123.17. The department of developmental disabilities	12946
may provide for the custody, supervision, control, treatment, and	12947
training of persons with ~~mental retardation or a~~ developmental	12948
~~disability~~disabilities elsewhere than within the enclosure of an	12949
institution under its jurisdiction, if the department so	12950
determines with respect to any individual or group of individuals.	12951
In all such cases, the department shall ensure adequate and proper	12952
supervision for the protection of those persons and of the public.	12953

Sec. 5123.171. As used in this section, "respite care" means	12954
appropriate, short-term, temporary care provided to a ~~mentally~~	12955
~~retarded or developmentally disabled~~ person with a developmental	12956
disability to sustain the family structure or to meet planned or	12957
emergency needs of the family.	12958

The department of developmental disabilities shall provide	12959
respite care services to persons with ~~mental retardation or a~~	12960
developmental ~~disability~~disabilities for the purpose of promoting	12961
self-sufficiency and normalization, preventing or reducing	12962
inappropriate institutional care, and furthering the unity of the	12963
family by enabling the family to meet the special needs of a	12964
~~mentally retarded or developmentally disabled~~ person with a	12965
developmental disability.	12966

In order to be eligible for respite care services under this	12967
section, the ~~mentally retarded or developmentally disabled~~ person	12968
with a developmental disability must be in need of habilitation	12969
services as defined in section 5126.01 of the Revised Code.	12970

Respite care may be provided in a residential facility	12971
licensed under section 5123.19 of the Revised Code, including a	12972
residential facility certified as an ICF/IID, and a respite care	12973
home certified under section 5126.05 of the Revised Code.	12974

The department shall develop a system for locating vacant	12975
beds that are available for respite care and for making	12976
information on vacant beds available to users of respite care	12977
services. ICFs/IID shall report vacant beds to the department but	12978
shall not be required to accept respite care clients.	12979

The director of developmental disabilities shall adopt, and	12980
may amend or rescind, rules in accordance with Chapter 119. of the	12981
Revised Code for both of the following:	12982

(A) Certification by county boards of developmental	12983
disabilities of respite care homes;	12984

(B) Provision of respite care services authorized by this	12985
section. Rules adopted under this division shall establish all of	12986
the following:	12987

(1) A formula for distributing funds appropriated for respite	12988
care services;	12989

(2) Standards for supervision, training, and quality control	12990
in the provision of respite care services;	12991

(3) Eligibility criteria for emergency respite care services.

12992

Sec. 5123.18. ~~(A)~~ The department of developmental	12993
disabilities may enter into a contract with a person or government	12994
agency to provide residential services to individuals with ~~mental~~	12995
~~retardation or~~ developmental disabilities in need of residential	12996
services. To be eligible to enter into a contract with the	12997
department under this section, a person or government entity and	12998
the home in which the residential services are provided must meet	12999
all applicable standards for licensing or certification by the	13000
appropriate government entity.	13001

Sec. 5123.19. (A) As used in sections 5123.19 to 5123.20 of	13002
the Revised Code:	13003

(1) "Independent living arrangement" means an arrangement in	13004
which a ~~mentally retarded or developmentally disabled~~ person with	13005
a developmental disability resides in an individualized setting	13006
chosen by the person or the person's guardian, which is not	13007
dedicated principally to the provision of residential services for	13008
~~mentally retarded or developmentally disabled~~ persons with	13009
developmental disabilities, and for which no financial support is	13010
received for rendering such service from any governmental agency	13011
by a provider of residential services.	13012

(2) "Licensee" means the person or government agency that has	13013
applied for a license to operate a residential facility and to	13014
which the license was issued under this section.	13015

(3) "Political subdivision" means a municipal corporation,	13016
county, or township.	13017

(4) "Related party" has the same meaning as in section	13018
5123.16 of the Revised Code except that "provider" as used in the	13019
definition of "related party" means a person or government entity	13020
that held or applied for a license to operate a residential	13021
facility, rather than a person or government entity certified to	13022
provide supported living.	13023

(5)(a) Except as provided in division (A)(5)(b) of this	13024
section, "residential facility" means a home or facility,	13025
including an ICF/IID, in which an individual with ~~mental~~	13026
~~retardation or~~ a developmental disability resides.	13027

(b) "Residential facility" does not mean any of the	13028
following:	13029

(i) The home of a relative or legal guardian in which an	13030
individual with ~~mental retardation or~~ a developmental disability	13031
resides;	13032

(ii) A respite care home certified under section 5126.05 of	13033
the Revised Code;	13034

(iii) A county home or district home operated pursuant to	13035
Chapter 5155. of the Revised Code;	13036

(iv) A dwelling in which the only residents with ~~mental~~	13037
~~retardation or~~ developmental disabilities are in independent	13038
living arrangements or are being provided supported living.	13039

(B) Every person or government agency desiring to operate a	13040
residential facility shall apply for licensure of the facility to	13041
the director of developmental disabilities unless the residential	13042
facility is subject to section 3721.02, 5103.03, 5119.33, or	13043
division (A)(9)(b) of section 5119.34 of the Revised Code.	13044

(C) Subject to section 5123.196 of the Revised Code, the	13045
director of developmental disabilities shall license the operation	13046
of residential facilities. An initial license shall be issued for	13047
a period that does not exceed one year, unless the director denies	13048
the license under division (D) of this section. A license shall be	13049
renewed for a period that does not exceed three years, unless the	13050
director refuses to renew the license under division (D) of this	13051
section. The director, when issuing or renewing a license, shall	13052
specify the period for which the license is being issued or	13053
renewed. A license remains valid for the length of the licensing	13054
period specified by the director, unless the license is	13055
terminated, revoked, or voluntarily surrendered.	13056

(D) If it is determined that an applicant or licensee is not	13057
in compliance with a provision of this chapter that applies to	13058
residential facilities or the rules adopted under such a	13059
provision, the director may deny issuance of a license, refuse to	13060
renew a license, terminate a license, revoke a license, issue an	13061
order for the suspension of admissions to a facility, issue an	13062
order for the placement of a monitor at a facility, issue an order	13063
for the immediate removal of residents, or take any other action	13064
the director considers necessary consistent with the director's	13065
authority under this chapter regarding residential facilities. In	13066
the director's selection and administration of the sanction to be	13067
imposed, all of the following apply:	13068

(1) The director may deny, refuse to renew, or revoke a	13069
license, if the director determines that the applicant or licensee	13070
has demonstrated a pattern of serious noncompliance or that a	13071
violation creates a substantial risk to the health and safety of	13072
residents of a residential facility.	13073

(2) The director may terminate a license if more than twelve	13074
consecutive months have elapsed since the residential facility was	13075
last occupied by a resident or a notice required by division (K)	13076
of this section is not given.	13077

(3) The director may issue an order for the suspension of	13078
admissions to a facility for any violation that may result in	13079
sanctions under division (D)(1) of this section and for any other	13080
violation specified in rules adopted under division (H)(2) of this	13081
section. If the suspension of admissions is imposed for a	13082
violation that may result in sanctions under division (D)(1) of	13083
this section, the director may impose the suspension before	13084
providing an opportunity for an adjudication under Chapter 119. of	13085
the Revised Code. The director shall lift an order for the	13086
suspension of admissions when the director determines that the	13087
violation that formed the basis for the order has been corrected.	13088

(4) The director may order the placement of a monitor at a	13089
residential facility for any violation specified in rules adopted	13090
under division (H)(2) of this section. The director shall lift the	13091
order when the director determines that the violation that formed	13092
the basis for the order has been corrected.	13093

(5) If the director determines that two or more residential	13094
facilities owned or operated by the same person or government	13095
entity are not being operated in compliance with a provision of	13096
this chapter that applies to residential facilities or the rules	13097
adopted under such a provision, and the director's findings are	13098
based on the same or a substantially similar action, practice,	13099
circumstance, or incident that creates a substantial risk to the	13100
health and safety of the residents, the director shall conduct a	13101
survey as soon as practicable at each residential facility owned	13102
or operated by that person or government entity. The director may	13103
take any action authorized by this section with respect to any	13104
facility found to be operating in violation of a provision of this	13105
chapter that applies to residential facilities or the rules	13106
adopted under such a provision.	13107

(6) When the director initiates license revocation	13108
proceedings, no opportunity for submitting a plan of correction	13109
shall be given. The director shall notify the licensee by letter	13110
of the initiation of the proceedings. The letter shall list the	13111
deficiencies of the residential facility and inform the licensee	13112
that no plan of correction will be accepted. The director shall	13113
also send a copy of the letter to the county board of	13114
developmental disabilities. The county board shall send a copy of	13115
the letter to each of the following:	13116

(a) Each resident who receives services from the licensee;

13117

(b) The guardian of each resident who receives services from	13118
the licensee if the resident has a guardian;	13119

(c) The parent or guardian of each resident who receives	13120
services from the licensee if the resident is a minor.	13121

(7) Pursuant to rules which shall be adopted in accordance	13122
with Chapter 119. of the Revised Code, the director may order the	13123
immediate removal of residents from a residential facility	13124
whenever conditions at the facility present an immediate danger of	13125
physical or psychological harm to the residents.	13126

(8) In determining whether a residential facility is being	13127
operated in compliance with a provision of this chapter that	13128
applies to residential facilities or the rules adopted under such	13129
a provision, or whether conditions at a residential facility	13130
present an immediate danger of physical or psychological harm to	13131
the residents, the director may rely on information obtained by a	13132
county board of developmental disabilities or other governmental	13133
agencies.	13134

(9) In proceedings initiated to deny, refuse to renew, or	13135
revoke licenses, the director may deny, refuse to renew, or revoke	13136
a license regardless of whether some or all of the deficiencies	13137
that prompted the proceedings have been corrected at the time of	13138
the hearing.	13139

(E) The director shall establish a program under which public	13140
notification may be made when the director has initiated license	13141
revocation proceedings or has issued an order for the suspension	13142
of admissions, placement of a monitor, or removal of residents.	13143
The director shall adopt rules in accordance with Chapter 119. of	13144
the Revised Code to implement this division. The rules shall	13145
establish the procedures by which the public notification will be	13146
made and specify the circumstances for which the notification must	13147
be made. The rules shall require that public notification be made	13148
if the director has taken action against the facility in the	13149
eighteen-month period immediately preceding the director's latest	13150
action against the facility and the latest action is being taken	13151
for the same or a substantially similar violation of a provision	13152
of this chapter that applies to residential facilities or the	13153
rules adopted under such a provision. The rules shall specify a	13154
method for removing or amending the public notification if the	13155
director's action is found to have been unjustified or the	13156
violation at the residential facility has been corrected.	13157

(F)(1) Except as provided in division (F)(2) of this section,	13158
appeals from proceedings initiated to impose a sanction under	13159
division (D) of this section shall be conducted in accordance with	13160
Chapter 119. of the Revised Code.	13161

(2) Appeals from proceedings initiated to order the	13162
suspension of admissions to a facility shall be conducted in	13163
accordance with Chapter 119. of the Revised Code, unless the order	13164
was issued before providing an opportunity for an adjudication, in	13165
which case all of the following apply:	13166

(a) The licensee may request a hearing not later than ten	13167
days after receiving the notice specified in section 119.07 of the	13168
Revised Code.	13169

(b) If a timely request for a hearing that includes the	13170
licensee's current address is made, the hearing shall commence not	13171
later than thirty days after the department receives the request.	13172

(c) After commencing, the hearing shall continue	13173
uninterrupted, except for Saturdays, Sundays, and legal holidays,	13174
unless other interruptions are agreed to by the licensee and the	13175
director.	13176

(d) If the hearing is conducted by a hearing examiner, the	13177
hearing examiner shall file a report and recommendations not later	13178
than ten days after the last of the following:	13179

(i) The close of the hearing;

13180

(ii) If a transcript of the proceedings is ordered, the	13181
hearing examiner receives the transcript;	13182

(iii) If post-hearing briefs are timely filed, the hearing	13183
examiner receives the briefs.	13184

(e) A copy of the written report and recommendation of the	13185
hearing examiner shall be sent, by certified mail, to the licensee	13186
and the licensee's attorney, if applicable, not later than five	13187
days after the report is filed.	13188

(f) Not later than five days after the hearing examiner files	13189
the report and recommendations, the licensee may file objections	13190
to the report and recommendations.	13191

(g) Not later than fifteen days after the hearing examiner	13192
files the report and recommendations, the director shall issue an	13193
order approving, modifying, or disapproving the report and	13194
recommendations.	13195

(h) Notwithstanding the pendency of the hearing, the director	13196
shall lift the order for the suspension of admissions when the	13197
director determines that the violation that formed the basis for	13198
the order has been corrected.	13199

(G) Neither a person or government agency whose application	13200
for a license to operate a residential facility is denied nor a	13201
related party of the person or government agency may apply for a	13202
license to operate a residential facility before the date that is	13203
one year after the date of the denial. Neither a licensee whose	13204
residential facility license is revoked nor a related party of the	13205
licensee may apply for a residential facility license before the	13206
date that is five years after the date of the revocation.	13207

(H) In accordance with Chapter 119. of the Revised Code, the	13208
director shall adopt and may amend and rescind rules for licensing	13209
and regulating the operation of residential facilities. The rules	13210
for residential facilities that are ICFs/IID may differ from those	13211
for other residential facilities. The rules shall establish and	13212
specify the following:	13213

(1) Procedures and criteria for issuing and renewing	13214
licenses, including procedures and criteria for determining the	13215
length of the licensing period that the director must specify for	13216
each license when it is issued or renewed;	13217

(2) Procedures and criteria for denying, refusing to renew,	13218
terminating, and revoking licenses and for ordering the suspension	13219
of admissions to a facility, placement of a monitor at a facility,	13220
and the immediate removal of residents from a facility;	13221

(3) Fees for issuing and renewing licenses, which shall be	13222
deposited into the program fee fund created under section 5123.033	13223
of the Revised Code;	13224

(4) Procedures for surveying residential facilities;

13225

(5) Requirements for the training of residential facility	13226
personnel;	13227

(6) Classifications for the various types of residential	13228
facilities;	13229

(7) Certification procedures for licensees and management	13230
contractors that the director determines are necessary to ensure	13231
that they have the skills and qualifications to properly operate	13232
or manage residential facilities;	13233

(8) The maximum number of persons who may be served in a	13234
particular type of residential facility;	13235

(9) Uniform procedures for admission of persons to and	13236
transfers and discharges of persons from residential facilities;	13237

(10) Other standards for the operation of residential	13238
facilities and the services provided at residential facilities;	13239

(11) Procedures for waiving any provision of any rule adopted	13240
under this section.	13241

(I) Before issuing a license, the director of the department	13242
or the director's designee shall conduct a survey of the	13243
residential facility for which application is made. The director	13244
or the director's designee shall conduct a survey of each licensed	13245
residential facility at least once during the period the license	13246
is valid and may conduct additional inspections as needed. A	13247
survey includes but is not limited to an on-site examination and	13248
evaluation of the residential facility, its personnel, and the	13249
services provided there.	13250

In conducting surveys, the director or the director's	13251
designee shall be given access to the residential facility; all	13252
records, accounts, and any other documents related to the	13253
operation of the facility; the licensee; the residents of the	13254
facility; and all persons acting on behalf of, under the control	13255
of, or in connection with the licensee. The licensee and all	13256
persons on behalf of, under the control of, or in connection with	13257
the licensee shall cooperate with the director or the director's	13258
designee in conducting the survey.	13259

Following each survey, unless the director initiates a	13260
license revocation proceeding, the director or the director's	13261
designee shall provide the licensee with a report listing any	13262
deficiencies, specifying a timetable within which the licensee	13263
shall submit a plan of correction describing how the deficiencies	13264
will be corrected, and, when appropriate, specifying a timetable	13265
within which the licensee must correct the deficiencies. After a	13266
plan of correction is submitted, the director or the director's	13267
designee shall approve or disapprove the plan. A copy of the	13268
report and any approved plan of correction shall be provided to	13269
any person who requests it.	13270

The director shall initiate disciplinary action against any	13271
department employee who notifies or causes the notification to any	13272
unauthorized person of an unannounced survey of a residential	13273
facility by an authorized representative of the department.	13274

(J) In addition to any other information which may be	13275
required of applicants for a license pursuant to this section, the	13276
director shall require each applicant to provide a copy of an	13277
approved plan for a proposed residential facility pursuant to	13278
section 5123.042 of the Revised Code. This division does not apply	13279
to renewal of a license or to an applicant for an initial or	13280
modified license who meets the requirements of section 5123.197 of	13281
the Revised Code.	13282

(K) A licensee shall notify the owner of the building in	13283
which the licensee's residential facility is located of any	13284
significant change in the identity of the licensee or management	13285
contractor before the effective date of the change if the licensee	13286
is not the owner of the building.	13287

Pursuant to rules which shall be adopted in accordance with	13288
Chapter 119. of the Revised Code, the director may require	13289
notification to the department of any significant change in the	13290
ownership of a residential facility or in the identity of the	13291
licensee or management contractor. If the director determines that	13292
a significant change of ownership is proposed, the director shall	13293
consider the proposed change to be an application for development	13294
by a new operator pursuant to section 5123.042 of the Revised Code	13295
and shall advise the applicant within sixty days of the	13296
notification that the current license shall continue in effect or	13297
a new license will be required pursuant to this section. If the	13298
director requires a new license, the director shall permit the	13299
facility to continue to operate under the current license until	13300
the new license is issued, unless the current license is revoked,	13301
refused to be renewed, or terminated in accordance with Chapter	13302
119. of the Revised Code.	13303

(L) A county board of developmental disabilities and any	13304
interested person may file complaints alleging violations of	13305
statute or department rule relating to residential facilities with	13306
the department. All complaints shall be in writing and shall state	13307
the facts constituting the basis of the allegation. The department	13308
shall not reveal the source of any complaint unless the	13309
complainant agrees in writing to waive the right to	13310
confidentiality or until so ordered by a court of competent	13311
jurisdiction.	13312

The department shall adopt rules in accordance with Chapter	13313
119. of the Revised Code establishing procedures for the receipt,	13314
referral, investigation, and disposition of complaints filed with	13315
the department under this division.	13316

(M) The department shall establish procedures for the	13317
notification of interested parties of the transfer or interim care	13318
of residents from residential facilities that are closing or are	13319
losing their license.	13320

(N) Before issuing a license under this section to a	13321
residential facility that will accommodate at any time more than	13322
one ~~mentally retarded or developmentally disabled~~ individual with	13323
a developmental disability, the director shall, by first class	13324
mail, notify the following:	13325

(1) If the facility will be located in a municipal	13326
corporation, the clerk of the legislative authority of the	13327
municipal corporation;	13328

(2) If the facility will be located in unincorporated	13329
territory, the clerk of the appropriate board of county	13330
commissioners and the fiscal officer of the appropriate board of	13331
township trustees.	13332

The director shall not issue the license for ten days after	13333
mailing the notice, excluding Saturdays, Sundays, and legal	13334
holidays, in order to give the notified local officials time in	13335
which to comment on the proposed issuance.	13336

Any legislative authority of a municipal corporation, board	13337
of county commissioners, or board of township trustees that	13338
receives notice under this division of the proposed issuance of a	13339
license for a residential facility may comment on it in writing to	13340
the director within ten days after the director mailed the notice,	13341
excluding Saturdays, Sundays, and legal holidays. If the director	13342
receives written comments from any notified officials within the	13343
specified time, the director shall make written findings	13344
concerning the comments and the director's decision on the	13345
issuance of the license. If the director does not receive written	13346
comments from any notified local officials within the specified	13347
time, the director shall continue the process for issuance of the	13348
license.	13349

(O) Any person may operate a licensed residential facility	13350
that provides room and board, personal care, habilitation	13351
services, and supervision in a family setting for at least six but	13352
not more than eight persons with ~~mental retardation or a~~	13353
developmental ~~disability~~disabilities as a permitted use in any	13354
residential district or zone, including any single-family	13355
residential district or zone, of any political subdivision. These	13356
residential facilities may be required to comply with area,	13357
height, yard, and architectural compatibility requirements that	13358
are uniformly imposed upon all single-family residences within the	13359
district or zone.	13360

(P) Any person may operate a licensed residential facility	13361
that provides room and board, personal care, habilitation	13362
services, and supervision in a family setting for at least nine	13363
but not more than sixteen persons with ~~mental retardation or a~~	13364
developmental ~~disability~~disabilities as a permitted use in any	13365
multiple-family residential district or zone of any political	13366
subdivision, except that a political subdivision that has enacted	13367
a zoning ordinance or resolution establishing planned unit	13368
development districts may exclude these residential facilities	13369
from those districts, and a political subdivision that has enacted	13370
a zoning ordinance or resolution may regulate these residential	13371
facilities in multiple-family residential districts or zones as a	13372
conditionally permitted use or special exception, in either case,	13373
under reasonable and specific standards and conditions set out in	13374
the zoning ordinance or resolution to:	13375

(1) Require the architectural design and site layout of the	13376
residential facility and the location, nature, and height of any	13377
walls, screens, and fences to be compatible with adjoining land	13378
uses and the residential character of the neighborhood;	13379

(2) Require compliance with yard, parking, and sign	13380
regulation;	13381

(3) Limit excessive concentration of these residential	13382
facilities.	13383

(Q) This section does not prohibit a political subdivision	13384
from applying to residential facilities nondiscriminatory	13385
regulations requiring compliance with health, fire, and safety	13386
regulations and building standards and regulations.	13387

(R) Divisions (O) and (P) of this section are not applicable	13388
to municipal corporations that had in effect on June 15, 1977, an	13389
ordinance specifically permitting in residential zones licensed	13390
residential facilities by means of permitted uses, conditional	13391
uses, or special exception, so long as such ordinance remains in	13392
effect without any substantive modification.	13393

(S)(1) The director may issue an interim license to operate a	13394
residential facility to an applicant for a license under this	13395
section if either of the following is the case:	13396

(a) The director determines that an emergency exists	13397
requiring immediate placement of persons in a residential	13398
facility, that insufficient licensed beds are available, and that	13399
the residential facility is likely to receive a permanent license	13400
under this section within thirty days after issuance of the	13401
interim license.	13402

(b) The director determines that the issuance of an interim	13403
license is necessary to meet a temporary need for a residential	13404
facility.	13405

(2) To be eligible to receive an interim license, an	13406
applicant must meet the same criteria that must be met to receive	13407
a permanent license under this section, except for any differing	13408
procedures and time frames that may apply to issuance of a	13409
permanent license.	13410

(3) An interim license shall be valid for thirty days and may	13411
be renewed by the director for a period not to exceed one hundred	13412
fifty days.	13413

(4) The director shall adopt rules in accordance with Chapter	13414
119. of the Revised Code as the director considers necessary to	13415
administer the issuance of interim licenses.	13416

(T) Notwithstanding rules adopted pursuant to this section	13417
establishing the maximum number of persons who may be served in a	13418
particular type of residential facility, a residential facility	13419
shall be permitted to serve the same number of persons being	13420
served by the facility on the effective date of the rules or the	13421
number of persons for which the facility is authorized pursuant to	13422
a current application for a certificate of need with a letter of	13423
support from the department of developmental disabilities and	13424
which is in the review process prior to April 4, 1986.	13425

(U) The director or the director's designee may enter at any	13426
time, for purposes of investigation, any home, facility, or other	13427
structure that has been reported to the director or that the	13428
director has reasonable cause to believe is being operated as a	13429
residential facility without a license issued under this section.	13430

The director may petition the court of common pleas of the	13431
county in which an unlicensed residential facility is located for	13432
an order enjoining the person or governmental agency operating the	13433
facility from continuing to operate without a license. The court	13434
may grant the injunction on a showing that the person or	13435
governmental agency named in the petition is operating a	13436
residential facility without a license. The court may grant the	13437
injunction, regardless of whether the residential facility meets	13438
the requirements for receiving a license under this section.	13439

Sec. 5123.196. (A) Except as provided in division (E) of this	13440
section, the director of developmental disabilities shall not	13441
issue a license under section 5123.19 of the Revised Code on or	13442
after July 1, 2003, if issuance will result in there being more	13443
beds in all residential facilities licensed under that section	13444
than is permitted under division (B) of this section.	13445

(B) The maximum number of beds for the purpose of division	13446
(A) of this section shall not exceed ten thousand eight hundred	13447
thirty-eight minus, except as provided in division (C) of this	13448
section, both of the following:	13449

(1) The number of such beds that cease to be residential	13450
facility beds on or after July 1, 2003, because a residential	13451
facility license is revoked, terminated, or not renewed for any	13452
reason or is surrendered in accordance with section 5123.19 of the	13453
Revised Code;	13454

(2) The number of such beds for which a licensee voluntarily	13455
converts to use for supported living on or after July 1, 2003.	13456

(C) The director is not required to reduce the maximum number	13457
of beds pursuant to division (B) of this section by a bed that	13458
ceases to be a residential facility bed if the director determines	13459
that the bed is needed to provide services to an individual with	13460
~~mental retardation or~~ a developmental disability who resided in	13461
the residential facility in which the bed was located.	13462

(D) The director shall maintain an up-to-date written record	13463
of the maximum number of residential facility beds provided for by	13464
division (B) of this section.	13465

(E) The director may issue an interim license under division	13466
(S) of section 5123.19 of the Revised Code and issue, pursuant to	13467
rules adopted under division (H)(11) of that section, a waiver	13468
allowing a residential facility to admit more residents than the	13469
facility is licensed to admit regardless of whether the interim	13470
license or waiver will result in there being more beds in all	13471
residential facilities licensed under that section than is	13472
permitted under division (B) of this section.	13473

Sec. 5123.20. No person or government agency shall operate a	13474
residential facility or receive a ~~mentally retarded or~~	13475
~~developmentally disabled~~ person with a developmental disability as	13476
a resident of a residential facility unless the facility is	13477
licensed under section 5123.19 of the Revised Code, and no person	13478
or governmental agency shall operate a respite care home or	13479
receive a ~~mentally retarded or developmentally disabled~~ person	13480
with a developmental disability in a respite care home unless the	13481
home is certified under section 5126.05 of the Revised Code.	13482

Sec. 5123.27. The director of developmental disabilities may	13483
accept, hold, and administer in trust on behalf of the state, if	13484
it is for the public interest, any grant, devise, gift, or bequest	13485
of money or property made to the state for the use or benefit of	13486
any institution under the jurisdiction of the department of	13487
developmental disabilities or for the use and benefit of persons	13488
with ~~mental retardation or a~~ developmental ~~disability~~disabilities	13489
under the control of the department. If the trust so provides, the	13490
money or property may be used for any work which the department is	13491
authorized to undertake.	13492

The department shall keep such gift, grant, devise, or	13493
bequest as a distinct property or fund and, if it is in money,	13494
shall invest it in the manner provided by law. The department may	13495
deposit in a proper trust company or savings bank any money left	13496
in trust during a specified life or lives and shall adopt rules	13497
governing the deposit, transfer, withdrawal, or investment of the	13498
money and the income from it.	13499

The department shall, in the manner prescribed by the	13500
director of budget and management pursuant to section 126.21 of	13501
the Revised Code, account for all money or property received or	13502
expended under this section. The records, together with a	13503
statement certified by the depository showing the money deposited	13504
there to the credit of the trust, shall be open to public	13505
inspection. The director of budget and management may require the	13506
department to file a report with the director on any particular	13507
portion, or the whole, of any trust property received or expended	13508
by it.	13509

The department shall, upon the expiration of any trust	13510
according to its terms, dispose of the money or property held	13511
under the trust in the manner provided in the instrument creating	13512
the trust. If the instrument creating the trust failed to make any	13513
terms of disposition, or if no trust was in evidence, the decedent	13514
resident's money, saving or commercial deposits, dividends or	13515
distributions, bonds, or any other interest-bearing debt	13516
certificate or stamp issued by the United States government shall	13517
escheat to the state. All such unclaimed intangible personal	13518
property of a former resident shall be retained by the managing	13519
officer in such institution for the period of one year, during	13520
which time every possible effort shall be made to find the former	13521
resident or the former resident's legal representative.	13522

If after a period of one year from the time the resident has	13523
left the institution or has died, the managing officer has been	13524
unable to locate the person or the person's legal representative,	13525
then, upon proper notice of that fact, the director shall at that	13526
time formulate in writing a method of disposition on the minutes	13527
of the department authorizing the managing officer to convert such	13528
intangible personal property to cash to be paid into the state	13529
treasury to the credit of the general revenue fund.	13530

The department shall include in its annual report a statement	13531
of all such money and property and the terms and conditions	13532
relating to them.	13533

Sec. 5123.34. This chapter attempts to do all of the	13534
following:	13535

(A) Provide humane and scientific treatment and care and the	13536
highest attainable degree of individual development for persons	13537
with ~~mental retardation or a~~ developmental ~~disability~~	13538
disabilities;	13539

(B) Promote the study of the causes of ~~mental retardation and~~	13540
developmental disabilities, with a view to ultimate prevention;	13541

(C) Secure by uniform and systematic management the highest	13542
attainable degree of economy in the administration of the	13543
institutions under the control of the department of developmental	13544
disabilities.	13545

Sections 5123.02 to 5123.04, 5123.042, 5123.043, 5123.10,	13546
5123.21, 5123.221, 5123.25, and 5123.31 of the Revised Code shall	13547
be liberally construed to attain these purposes.	13548

Sec. 5123.351. The director of developmental disabilities,	13549
with respect to the eligibility for state reimbursement of	13550
expenses incurred by facilities and programs established and	13551
operated under Chapter 5126. of the Revised Code for persons with	13552
~~mental retardation or a~~ developmental ~~disability~~disabilities,	13553
shall do all of the following:	13554

(A) Make rules that may be necessary to carry out the	13555
purposes of Chapter 5126. and sections 5123.35, 5123.351, and	13556
5123.36 of the Revised Code;	13557

(B) Define minimum standards for qualifications of personnel,	13558
professional services, and in-service training and educational	13559
leave programs;	13560

(C) Review and evaluate community programs and make	13561
recommendations for needed improvements to county boards of	13562
developmental disabilities and to program directors;	13563

(D) Withhold state reimbursement, in whole or in part, from	13564
any county or combination of counties for failure to comply with	13565
Chapter 5126. or section 5123.35 or 5123.351 of the Revised Code	13566
or rules of the department of developmental disabilities;	13567

(E) Withhold state funds from an agency, corporation, or	13568
association denying or rendering service on the basis of race,	13569
color, sex, religion, ancestry, national origin, disability as	13570
defined in section 4112.01 of the Revised Code, or inability to	13571
pay;	13572

(F) Provide consultative staff service to communities to	13573
assist in ascertaining needs and in planning and establishing	13574
programs.	13575

Sec. 5123.36. (A) To the extent funds are available and on	13576
application by a county board of developmental disabilities or	13577
private nonprofit agency incorporated to provide ~~mental~~	13578
~~retardation or~~ developmental disability services, the director of	13579
developmental disabilities may enter into an agreement with the	13580
county board or agency to assist the county board or agency with a	13581
~~mental retardation or~~ developmental disability construction	13582
project. Except as provided by division (B) of this section, the	13583
director may provide up to ninety per cent of the total project	13584
cost where circumstances warrant. The director may, where	13585
circumstances warrant, use existing facilities or other in-kind	13586
match for the local share of the communities' share of the cost.	13587

(B) Upon the recommendation of the director, for projects of	13588
the highest priority of the department of developmental	13589
disabilities, the controlling board may authorize the director to	13590
provide more than ninety per cent of the total cost of a project	13591
under this section.	13592

(C) A county board is eligible for funds under this section	13593
for a project bid on or after January 1, 1992, under either	13594
section 153.07 or 307.86 of the Revised Code, as long as all other	13595
applicable requirements were followed.	13596

(D) A private nonprofit agency that receives funds pursuant	13597
to this section for the construction of a single-family home,	13598
including, where appropriate, the acquisition and installation of	13599
a single-family home fabricated in an off-site facility, is not	13600
subject to the requirements of Chapter 153. of the Revised Code	13601
with respect to the construction project, notwithstanding any	13602
provision of that chapter to the contrary.	13603

(E) The director may not assist a project under this section	13604
unless the controlling board or director of budget and management	13605
also approves the project pursuant to section 126.14 of the	13606
Revised Code.	13607

Sec. 5123.37. A county board of developmental disabilities	13608
or private, nonprofit agency that receives state funds pursuant to	13609
an agreement with the director of developmental disabilities under	13610
section 5123.36 of the Revised Code to acquire a facility may	13611
apply to the director for approval to sell the facility before the	13612
terms of the agreement expire for the purpose of acquiring a	13613
replacement facility to be used to provide ~~mental retardation or~~	13614
developmental disability services to individuals the county board	13615
or agency serves. The application shall be made on a form the	13616
director shall prescribe. The county board or agency shall include	13617
in the application the specific purpose for which the replacement	13618
facility is to be used. The director may refuse to approve the	13619
application if the director determines that any of the following	13620
apply:	13621

(A) The application is incomplete or indicates that the	13622
county board or agency is unable to purchase a replacement	13623
facility.	13624

(B) The replacement facility would not be used to continue to	13625
provide ~~mental retardation or~~ developmental disability services	13626
that the director determines are appropriate for the individuals	13627
the county board or agency serves.	13628

(C) The county board or agency has failed to comply with a	13629
provision of Chapter 5123. or 5126. of the Revised Code or a rule	13630
adopted by the director.	13631

(D) Approving the application would be inconsistent with the	13632
plans and priorities of the department of developmental	13633
disabilities.	13634

Sec. 5123.374. (A) The director of developmental	13635
disabilities may rescind approval of an application submitted	13636
under section 5123.37 of the Revised Code if either of the	13637
following occurs:	13638

(1) The county board of developmental disabilities or	13639
private, nonprofit agency that submitted the application fails, on	13640
or before the deadline or, if any, the last extended deadline	13641
established under section 5123.372 of the Revised Code for the	13642
county board or agency, to notify the director that the county	13643
board or agency is ready to acquire the replacement facility.	13644

(2) The county board or agency at any time notifies the	13645
director that the county board or agency no longer intends to	13646
acquire a replacement facility.	13647

(B) If the director rescinds approval of an application, the	13648
director shall use any funds the county board or agency paid to	13649
the director under section 5123.371 of the Revised Code to assist	13650
~~mental retardation or~~ developmental disabilities construction	13651
projects under section 5123.36 of the Revised Code.	13652

Sec. 5123.375. The developmental disabilities community	13653
capital replacement facilities fund is hereby created in the state	13654
treasury. The director of developmental disabilities shall credit	13655
all amounts paid to the director under section 5123.371 of the	13656
Revised Code to the fund. The director shall use the money in the	13657
fund as follows:	13658

(A) To make payments to county boards of developmental	13659
disabilities and private, nonprofit agencies pursuant to	13660
agreements entered into under section 5123.373 of the Revised	13661
Code;	13662

(B) To provide, pursuant to section 5123.374 of the Revised	13663
Code, assistance for ~~mental retardation or~~ developmental	13664
disabilities construction projects under section 5123.36 of the	13665
Revised Code.	13666

Sec. 5123.40. There is hereby created in the state treasury	13667
the services fund for individuals with ~~mental retardation and~~	13668
developmental disabilities. On the death of the beneficiary of a	13669
trust created pursuant to section 5815.28 of the Revised Code, the	13670
portion of the remaining assets of the trust specified in the	13671
trust instrument shall be deposited to the credit of the fund.	13672

Money credited to the fund shall be used for individuals with	13673
~~mental retardation and~~ developmental disabilities. In accordance	13674
with Chapter 119. of the Revised Code, the department of	13675
developmental disabilities may adopt any rules necessary to	13676
implement this section.	13677

Sec. 5123.41. As used in this section and sections 5123.42	13678
to 5123.47 of the Revised Code:	13679

(A) "Adult services" has the same meaning as in section	13680
5126.01 of the Revised Code.	13681

(B) "Certified supported living provider" means a person or	13682
government entity certified under section 5123.161 of the Revised	13683
Code.	13684

(C) "Drug" has the same meaning as in section 4729.01 of the	13685
Revised Code.	13686

(D) "Family support services" has the same meaning as in	13687
section 5126.01 of the Revised Code.	13688

(E) "Health-related activities" means the following:

13689

(1) Taking vital signs;

13690

(2) Application of clean dressings that do not require health	13691
assessment;	13692

(3) Basic measurement of bodily intake and output;

13693

(4) Oral suctioning;

13694

(5) Use of glucometers;

13695

(6) External urinary catheter care;

13696

(7) Emptying and replacing colostomy bags;

13697

(8) Collection of specimens by noninvasive means.

13698

(F) "Licensed health professional authorized to prescribe	13699
drugs" has the same meaning as in section 4729.01 of the Revised	13700
Code.	13701

(G) "~~MR/DD~~Developmental disabilities personnel" means the	13702
employees and the workers under contract who provide specialized	13703
services to individuals with ~~mental retardation and~~ developmental	13704
disabilities. "~~MR/DD~~Developmental disabilities personnel"	13705
includes those who provide the services as follows:	13706

(1) Through direct employment with the department of	13707
developmental disabilities or a county board of developmental	13708
disabilities;	13709

(2) Through an entity under contract with the department of	13710
developmental disabilities or a county board of developmental	13711
disabilities;	13712

(3) Through direct employment or by being under contract with	13713
private entities, including private entities that operate	13714
residential facilities.	13715

(H) "Nursing delegation" means the process established in	13716
rules adopted by the board of nursing pursuant to Chapter 4723. of	13717
the Revised Code under which a registered nurse or licensed	13718
practical nurse acting at the direction of a registered nurse	13719
transfers the performance of a particular nursing activity or task	13720
to another person who is not otherwise authorized to perform the	13721
activity or task.	13722

(I) "Prescribed medication" means a drug that is to be	13723
administered according to the instructions of a licensed health	13724
professional authorized to prescribe drugs.	13725

(J) "Residential facility" means a facility licensed under	13726
section 5123.19 of the Revised Code.	13727

(K) "Specialized services" has the same meaning as in section	13728
5123.50 of the Revised Code.	13729

(L) "Tube feeding" means the provision of nutrition to an	13730
individual through a gastrostomy tube or a jejunostomy tube.	13731

Sec. 5123.42. (A) Beginning nine months after March 31, 2003,	13732
~~MR/DD~~developmental disabilities personnel who are not	13733
specifically authorized by other provisions of the Revised Code to	13734
administer prescribed medications, perform health-related	13735
activities, or perform tube feedings may do so pursuant to this	13736
section as part of the specialized services the ~~MR/DD~~	13737
developmental disabilities personnel provide to individuals with	13738
~~mental retardation and~~ developmental disabilities in the following	13739
categories:	13740

(1) Recipients of early intervention, preschool, and	13741
school-age services offered or provided pursuant to this chapter	13742
or Chapter 5126. of the Revised Code;	13743

(2) Recipients of adult services offered or provided pursuant	13744
to this chapter or Chapter 5126. of the Revised Code;	13745

(3) Recipients of family support services offered or provided	13746
pursuant to this chapter or Chapter 5126. of the Revised Code;	13747

(4) Recipients of services from certified supported living	13748
providers, if the services are offered or provided pursuant to	13749
this chapter or Chapter 5126. of the Revised Code;	13750

(5) Recipients of residential support services from certified	13751
home and community-based services providers, if the services are	13752
received in a community living arrangement that includes not more	13753
than four individuals with ~~mental retardation and~~ developmental	13754
disabilities and the services are offered or provided pursuant to	13755
this chapter or Chapter 5126. of the Revised Code;	13756

(6) Recipients of services not included in divisions (A)(1)	13757
to (5) of this section that are offered or provided pursuant to	13758
this chapter or Chapter 5126. of the Revised Code;	13759

(7) Residents of a residential facility with five or fewer	13760
resident beds;	13761

(8) Residents of a residential facility with at least six but	13762
not more than sixteen resident beds;	13763

(9) Residents of a residential facility with seventeen or	13764
more resident beds who are on a field trip from the facility, if	13765
all of the following are the case:	13766

(a) The field trip is sponsored by the facility for purposes	13767
of complying with federal medicaid statutes and regulations, state	13768
medicaid statutes and rules, or other federal or state statutes,	13769
regulations, or rules that require the facility to provide	13770
habilitation, community integration, or normalization services to	13771
its residents.	13772

(b) Not more than ten field trip participants are residents	13773
who have health needs requiring the administration of prescribed	13774
medications, excluding participants who self-administer prescribed	13775
medications or receive assistance with self-administration of	13776
prescribed medications.	13777

(c) The facility staffs the field trip with ~~MR/DD~~	13778
developmental disabilities personnel in such a manner that one	13779
person will administer prescribed medications, perform	13780
health-related activities, or perform tube feedings for not more	13781
than four participants if one or more of those participants have	13782
health needs requiring the person to administer prescribed	13783
medications through a gastrostomy or jejunostomy tube.	13784

(d) According to the instructions of a health care	13785
professional acting within the scope of the professional's	13786
practice, the health needs of the participants who require	13787
administration of prescribed medications by ~~MR/DD~~developmental	13788
disabilities personnel are such that the participants must receive	13789
the medications during the field trip to avoid jeopardizing their	13790
health and safety.	13791

(B)(1) In the case of recipients of early intervention,	13792
preschool, and school-age services, as specified in division	13793
(A)(1) of this section, all of the following apply:	13794

(a) With nursing delegation, ~~MR/DD~~developmental disabilities	13795
personnel may perform health-related activities.	13796

(b) With nursing delegation, ~~MR/DD~~developmental disabilities	13797
personnel may administer oral and topical prescribed medications.	13798

(c) With nursing delegation, ~~MR/DD~~developmental disabilities	13799
personnel may administer prescribed medications through	13800
gastrostomy and jejunostomy tubes, if the tubes being used are	13801
stable and labeled.	13802

(d) With nursing delegation, ~~MR/DD~~developmental disabilities	13803
personnel may perform routine tube feedings, if the gastrostomy	13804
and jejunostomy tubes being used are stable and labeled.	13805

(2) In the case of recipients of adult services, as specified	13806
in division (A)(2) of this section, all of the following apply:	13807

(a) With nursing delegation, ~~MR/DD~~developmental disabilities	13808
personnel may perform health-related activities.	13809

(b) With nursing delegation, ~~MR/DD~~developmental disabilities	13810
personnel may administer oral and topical prescribed medications.	13811

(c) With nursing delegation, ~~MR/DD~~developmental disabilities	13812
personnel may administer prescribed medications through	13813
gastrostomy and jejunostomy tubes, if the tubes being used are	13814
stable and labeled.	13815

(d) With nursing delegation, ~~MR/DD~~developmental disabilities	13816
personnel may perform routine tube feedings, if the gastrostomy	13817
and jejunostomy tubes being used are stable and labeled.	13818

(3) In the case of recipients of family support services, as	13819
specified in division (A)(3) of this section, all of the following	13820
apply:	13821

(a) Without nursing delegation, ~~MR/DD~~developmental	13822
disabilities personnel may perform health-related activities.	13823

(b) Without nursing delegation, ~~MR/DD~~developmental	13824
disabilities personnel may administer oral and topical prescribed	13825
medications.	13826

(c) With nursing delegation, ~~MR/DD~~developmental disabilities	13827
personnel may administer prescribed medications through	13828
gastrostomy and jejunostomy tubes, if the tubes being used are	13829
stable and labeled.	13830

(d) With nursing delegation, ~~MR/DD~~developmental disabilities	13831
personnel may perform routine tube feedings, if the gastrostomy	13832
and jejunostomy tubes being used are stable and labeled.	13833

(e) With nursing delegation, ~~MR/DD~~developmental disabilities	13834
personnel may administer routine doses of insulin through	13835
subcutaneous injections and insulin pumps.	13836

(4) In the case of recipients of services from certified	13837
supported living providers, as specified in division (A)(4) of	13838
this section, all of the following apply:	13839

(a) Without nursing delegation, ~~MR/DD~~developmental	13840
disabilities personnel may perform health-related activities.	13841

(b) Without nursing delegation, ~~MR/DD~~developmental	13842
disabilities personnel may administer oral and topical prescribed	13843
medications.	13844

(c) With nursing delegation, ~~MR/DD~~developmental disabilities	13845
personnel may administer prescribed medications through	13846
gastrostomy and jejunostomy tubes, if the tubes being used are	13847
stable and labeled.	13848

(d) With nursing delegation, ~~MR/DD~~developmental disabilities	13849
personnel may perform routine tube feedings, if the gastrostomy	13850
and jejunostomy tubes being used are stable and labeled.	13851

(e) With nursing delegation, ~~MR/DD~~developmental disabilities	13852
personnel may administer routine doses of insulin through	13853
subcutaneous injections and insulin pumps.	13854

(5) In the case of recipients of residential support services	13855
from certified home and community-based services providers, as	13856
specified in division (A)(5) of this section, all of the following	13857
apply:	13858

(a) Without nursing delegation, ~~MR/DD~~developmental	13859
disabilities personnel may perform health-related activities.	13860

(b) Without nursing delegation, ~~MR/DD~~developmental	13861
disabilities personnel may administer oral and topical prescribed	13862
medications.	13863

(c) With nursing delegation, ~~MR/DD~~developmental disabilities	13864
personnel may administer prescribed medications through	13865
gastrostomy and jejunostomy tubes, if the tubes being used are	13866
stable and labeled.	13867

(d) With nursing delegation, ~~MR/DD~~developmental disabilities	13868
personnel may perform routine tube feedings, if the gastrostomy	13869
and jejunostomy tubes being used are stable and labeled.	13870

(e) With nursing delegation, ~~MR/DD~~developmental disabilities	13871
personnel may administer routine doses of insulin through	13872
subcutaneous injections and insulin pumps.	13873

(6) In the case of recipients of services not included in	13874
divisions (A)(1) to (5) of this section, as specified in division	13875
(A)(6) of this section, all of the following apply:	13876

(a) With nursing delegation, ~~MR/DD~~developmental disabilities	13877
personnel may perform health-related activities.	13878

(b) With nursing delegation, ~~MR/DD~~developmental disabilities	13879
personnel may administer oral and topical prescribed medications.	13880

(c) With nursing delegation, ~~MR/DD~~developmental disabilities	13881
personnel may administer prescribed medications through	13882
gastrostomy and jejunostomy tubes, if the tubes being used are	13883
stable and labeled.	13884

(d) With nursing delegation, ~~MR/DD~~developmental disabilities	13885
personnel may perform routine tube feedings, if the gastrostomy	13886
and jejunostomy tubes being used are stable and labeled.	13887

(7) In the case of residents of a residential facility with	13888
five or fewer beds, as specified in division (A)(7) of this	13889
section, all of the following apply:	13890

(a) Without nursing delegation, ~~MR/DD~~developmental	13891
disabilities personnel may perform health-related activities.	13892

(b) Without nursing delegation, ~~MR/DD~~developmental	13893
disabilities personnel may administer oral and topical prescribed	13894
medications.	13895

(c) With nursing delegation, ~~MR/DD~~developmental disabilities	13896
personnel may administer prescribed medications through	13897
gastrostomy and jejunostomy tubes, if the tubes being used are	13898
stable and labeled.	13899

(d) With nursing delegation, ~~MR/DD~~developmental disabilities	13900
personnel may perform routine tube feedings, if the gastrostomy	13901
and jejunostomy tubes being used are stable and labeled.	13902

(e) With nursing delegation, ~~MR/DD~~developmental disabilities	13903
personnel may administer routine doses of insulin through	13904
subcutaneous injections and insulin pumps.	13905

(8) In the case of residents of a residential facility with	13906
at least six but not more than sixteen resident beds, as specified	13907
in division (A)(8) of this section, all of the following apply:	13908

(a) With nursing delegation, ~~MR/DD~~developmental disabilities	13909
personnel may perform health-related activities.	13910

(b) With nursing delegation, ~~MR/DD~~developmental disabilities	13911
personnel may administer oral and topical prescribed medications.	13912

(c) With nursing delegation, ~~MR/DD~~developmental disabilities	13913
personnel may administer prescribed medications through	13914
gastrostomy and jejunostomy tubes, if the tubes being used are	13915
stable and labeled.	13916

(d) With nursing delegation, ~~MR/DD~~developmental disabilities	13917
personnel may perform routine tube feedings, if the gastrostomy	13918
and jejunostomy tubes being used are stable and labeled.	13919

(9) In the case of residents of a residential facility with	13920
seventeen or more resident beds who are on a field trip from the	13921
facility, all of the following apply during the field trip,	13922
subject to the limitations specified in division (A)(9) of this	13923
section:	13924

(a) With nursing delegation, ~~MR/DD~~developmental disabilities	13925
personnel may perform health-related activities.	13926

(b) With nursing delegation, ~~MR/DD~~developmental disabilities	13927
personnel may administer oral and topical prescribed medications.	13928

(c) With nursing delegation, ~~MR/DD~~developmental disabilities	13929
personnel may administer prescribed medications through	13930
gastrostomy and jejunostomy tubes, if the tubes being used are	13931
stable and labeled.	13932

(d) With nursing delegation, ~~MR/DD~~developmental disabilities	13933
personnel may perform routine tube feedings, if the gastrostomy	13934
and jejunostomy tubes being used are stable and labeled.	13935

(C) The authority of ~~MR/DD~~developmental disabilities	13936
personnel to administer prescribed medications, perform	13937
health-related activities, and perform tube feedings pursuant to	13938
this section is subject to all of the following:	13939

(1) To administer prescribed medications, perform	13940
health-related activities, or perform tube feedings for	13941
individuals in the categories specified under divisions (A)(1) to	13942
(8) of this section, ~~MR/DD~~developmental disabilities personnel	13943
shall obtain the certificate or certificates required by the	13944
department of developmental disabilities and issued under section	13945
5123.45 of the Revised Code. ~~MR/DD~~Developmental disabilities	13946
personnel shall administer prescribed medication, perform	13947
health-related activities, and perform tube feedings only as	13948
authorized by the certificate or certificates held.	13949

(2) To administer prescribed medications, perform	13950
health-related activities, or perform tube feedings for	13951
individuals in the category specified under division (A)(9) of	13952
this section, ~~MR/DD~~developmental disabilities personnel shall	13953
successfully complete the training course or courses developed	13954
under section 5123.43 of the Revised Code for the ~~MR/DD~~	13955
developmental disabilities personnel. ~~MR/DD~~Developmental	13956
disabilities personnel shall administer prescribed medication,	13957
perform health-related activities, and perform tube feedings only	13958
as authorized by the training completed.	13959

(3) If nursing delegation is required under division (B) of	13960
this section, ~~MR/DD~~developmental disabilities personnel shall not	13961
act without nursing delegation or in a manner that is inconsistent	13962
with the delegation.	13963

(4) The employer of ~~MR/DD~~developmental disabilities	13964
personnel shall ensure that ~~MR/DD~~developmental disabilities	13965
personnel have been trained specifically with respect to each	13966
individual for whom they administer prescribed medications,	13967
perform health-related activities, or perform tube feedings. ~~MR/DD~~	13968
Developmental disabilities personnel shall not administer	13969
prescribed medications, perform health-related activities, or	13970
perform tube feedings for any individual for whom they have not	13971
been specifically trained.	13972

(5) If the employer of ~~MR/DD~~developmental disabilities	13973
personnel believes that ~~MR/DD~~developmental disabilities personnel	13974
have not or will not safely administer prescribed medications,	13975
perform health-related activities, or perform tube feedings, the	13976
employer shall prohibit the action from continuing or commencing.	13977
~~MR/DD~~Developmental disabilities personnel shall not engage in the	13978
action or actions subject to an employer's prohibition.	13979

(D) In accordance with section 5123.46 of the Revised Code,	13980
the department of developmental disabilities shall adopt rules	13981
governing its implementation of this section. The rules shall	13982
include the following:	13983

(1) Requirements for documentation of the administration of	13984
prescribed medications, performance of health-related activities,	13985
and performance of tube feedings by ~~MR/DD~~developmental	13986
disabilities personnel pursuant to the authority granted under	13987
this section;	13988

(2) Procedures for reporting errors that occur in the	13989
administration of prescribed medications, performance of	13990
health-related activities, and performance of tube feedings by	13991
~~MR/DD~~developmental disabilities personnel pursuant to the	13992
authority granted under this section;	13993

(3) Other standards and procedures the department considers	13994
necessary for implementation of this section.	13995

Sec. 5123.421. The department of developmental disabilities	13996
shall accept complaints from any person or government entity	13997
regarding the administration of prescribed medications,	13998
performance of health-related activities, and performance of tube	13999
feedings by ~~MR/DD~~developmental disabilities personnel pursuant to	14000
the authority granted under section 5123.42 of the Revised Code.	14001
The department shall conduct investigations of complaints as it	14002
considers appropriate. The department shall adopt rules in	14003
accordance with section 5123.46 of the Revised Code establishing	14004
procedures for accepting complaints and conducting investigations	14005
under this section.	14006

Sec. 5123.422. ~~MR/DD~~Developmental disabilities personnel	14007
who administer prescribed medications, perform health-related	14008
activities, or perform tube feedings pursuant to the authority	14009
granted under section 5123.42 of the Revised Code are not liable	14010
for any injury caused by administering the medications, performing	14011
the health-related activities, or performing the tube feedings, if	14012
both of the following apply:	14013

(A) The ~~MR/DD~~developmental disabilities personnel acted in	14014
accordance with the methods taught in training completed in	14015
compliance with section 5123.42 of the Revised Code;	14016

(B) The ~~MR/DD~~developmental disabilities personnel did not	14017
act in a manner that constitutes wanton or reckless misconduct.	14018

Sec. 5123.43. (A) The department of developmental	14019
disabilities shall develop courses for the training of ~~MR/DD~~	14020
developmental disabilities personnel in the administration of	14021
prescribed medications, performance of health-related activities,	14022
and performance of tube feedings pursuant to the authority granted	14023
under section 5123.42 of the Revised Code. The department may	14024
develop separate or combined training courses for the	14025
administration of prescribed medications, performance of	14026
health-related activities, and performance of tube feedings.	14027
Training in the administration of prescribed medications through	14028
gastrostomy and jejunostomy tubes may be included in a course	14029
providing training in tube feedings. Training in the	14030
administration of insulin may be developed as a separate course or	14031
included in a course providing training in the administration of	14032
other prescribed medications.	14033

(B)(1) The department shall adopt rules in accordance with	14034
section 5123.46 of the Revised Code that specify the content and	14035
length of the training courses developed under this section. The	14036
rules may include any other standards the department considers	14037
necessary for the training courses.	14038

(2) In adopting rules that specify the content of a training	14039
course or part of a training course that trains ~~MR/DD~~	14040
developmental disabilities personnel in the administration of	14041
prescribed medications, the department shall ensure that the	14042
content includes all of the following:	14043

(a) Infection control and universal precautions;

14044

(b) Correct and safe practices, procedures, and techniques	14045
for administering prescribed medication;	14046

(c) Assessment of drug reaction, including known side	14047
effects, interactions, and the proper course of action if a side	14048
effect occurs;	14049

(d) The requirements for documentation of medications	14050
administered to each individual;	14051

(e) The requirements for documentation and notification of	14052
medication errors;	14053

(f) Information regarding the proper storage and care of	14054
medications;	14055

(g) Information about proper receipt of prescriptions and	14056
transcription of prescriptions into an individual's medication	14057
administration record, except when the ~~MR/DD~~developmental	14058
disabilities personnel being trained will administer prescribed	14059
medications only to residents of a residential facility with	14060
seventeen or more resident beds who are participating in a field	14061
trip, as specified in division (A)(9) of section 5123.42 of the	14062
Revised Code;	14063

(h) Course completion standards that require successful	14064
demonstration of proficiency in administering prescribed	14065
medications;	14066

(i) Any other material or course completion standards that	14067
the department considers relevant to the administration of	14068
prescribed medications by ~~MR/DD~~developmental disabilities	14069
personnel.	14070

Sec. 5123.44. The department of developmental disabilities	14071
shall develop courses that train registered nurses to provide the	14072
~~MR/DD~~developmental disabilities personnel training courses	14073
developed under section 5123.43 of the Revised Code. The	14074
department may develop courses that train registered nurses to	14075
provide all of the courses developed under section 5123.43 of the	14076
Revised Code or any one or more of the courses developed under	14077
that section.	14078

The department shall adopt rules in accordance with section	14079
5123.46 of the Revised Code that specify the content and length of	14080
the training courses. The rules may include any other standards	14081
the department considers necessary for the training courses.	14082

Sec. 5123.441. (A) Each ~~MR/DD~~developmental disabilities	14083
personnel training course developed under section 5123.43 of the	14084
Revised Code shall be provided by a registered nurse.	14085

(B)(1) Except as provided in division (B)(2) of this section,	14086
to provide a training course or courses to ~~MR/DD~~developmental	14087
disabilities personnel, a registered nurse shall obtain the	14088
certificate or certificates required by the department and issued	14089
under section 5123.45 of the Revised Code. The registered nurse	14090
shall provide only the training course or courses authorized by	14091
the certificate or certificates the registered nurse holds.	14092

(2) A registered nurse is not required to obtain a	14093
certificate to provide a training course to ~~MR/DD~~developmental	14094
disabilities personnel if the only ~~MR/DD~~developmental	14095
disabilities personnel to whom the course or courses are provided	14096
are those who administer prescribed medications, perform	14097
health-related activities, or perform tube feedings for residents	14098
of a residential facility with seventeen or more resident beds who	14099
are on a field trip from the facility, as specified in division	14100
(A)(9) of section 5123.42 of the Revised Code. To provide the	14101
training course or courses, the registered nurse shall	14102
successfully complete the training required by the department	14103
through the courses it develops under section 5123.44 of the	14104
Revised Code. The registered nurse shall provide only the training	14105
courses authorized by the training the registered nurse completes.	14106

Sec. 5123.45. (A) The department of developmental	14107
disabilities shall establish a program under which the department	14108
issues certificates to the following:	14109

(1) ~~MR/DD~~Developmental disabilities personnel, for purposes	14110
of meeting the requirement of division (C)(1) of section 5123.42	14111
of the Revised Code to obtain a certificate or certificates to	14112
administer prescribed medications, perform health-related	14113
activities, and perform tube feedings;	14114

(2) Registered nurses, for purposes of meeting the	14115
requirement of division (B)(1) of section 5123.441 of the Revised	14116
Code to obtain a certificate or certificates to provide the ~~MR/DD~~	14117
developmental disabilities personnel training courses developed	14118
under section 5123.43 of the Revised Code.	14119

(B)(1) Except as provided in division (B)(2) of this section,	14120
to receive a certificate issued under this section, ~~MR/DD~~	14121
developmental disabilities personnel and registered nurses shall	14122
successfully complete the applicable training course or courses	14123
and meet all other applicable requirements established in rules	14124
adopted pursuant to this section. The department shall issue the	14125
appropriate certificate or certificates to ~~MR/DD~~developmental	14126
disabilities personnel and registered nurses who meet the	14127
requirements for the certificate or certificates.	14128

(2) The department shall include provisions in the program	14129
for issuing certificates to ~~MR/DD~~developmental disabilities	14130
personnel and registered nurses who were required to be included	14131
in the certificate program pursuant to division (B)(2) of this	14132
section as that division existed immediately before ~~the effective~~	14133
~~date of this amendment~~September 29, 2011. ~~MR/DD~~Developmental	14134
disabilities personnel who receive a certificate under division	14135
(B)(2) of this section shall not administer insulin until they	14136
have been trained by a registered nurse who has received a	14137
certificate under this section that allows the registered nurse to	14138
provide training courses to ~~MR/DD~~developmental disabilities	14139
personnel in the administration of insulin. A registered nurse who	14140
receives a certificate under division (B)(2) of this section shall	14141
not provide training courses to ~~MR/DD~~developmental disabilities	14142
personnel in the administration of insulin unless the registered	14143
nurse completes a course developed under section 5123.44 of the	14144
Revised Code that enables the registered nurse to receive a	14145
certificate to provide training courses to ~~MR/DD~~developmental	14146
disabilities personnel in the administration of insulin.	14147

(C) Certificates issued to ~~MR/DD~~developmental disabilities	14148
personnel are valid for one year and may be renewed. Certificates	14149
issued to registered nurses are valid for two years and may be	14150
renewed.	14151

To be eligible for renewal, ~~MR/DD~~developmental disabilities	14152
personnel and registered nurses shall meet the applicable	14153
continued competency requirements and continuing education	14154
requirements specified in rules adopted under division (D) of this	14155
section. In the case of registered nurses, continuing nursing	14156
education completed in compliance with the license renewal	14157
requirements established under Chapter 4723. of the Revised Code	14158
may be counted toward meeting the continuing education	14159
requirements established in the rules adopted under division (D)	14160
of this section.	14161

(D) In accordance with section 5123.46 of the Revised Code,	14162
the department shall adopt rules that establish all of the	14163
following:	14164

(1) Requirements that ~~MR/DD~~developmental disabilities	14165
personnel and registered nurses must meet to be eligible to take a	14166
training course;	14167

(2) Standards that must be met to receive a certificate,	14168
including requirements pertaining to an applicant's criminal	14169
background;	14170

(3) Procedures to be followed in applying for a certificate	14171
and issuing a certificate;	14172

(4) Standards and procedures for renewing a certificate,	14173
including requirements for continuing education and, in the case	14174
of ~~MR/DD~~developmental disabilities personnel who administer	14175
prescribed medications, standards that require successful	14176
demonstration of proficiency in administering prescribed	14177
medications;	14178

(5) Standards and procedures for suspending or revoking a	14179
certificate;	14180

(6) Standards and procedures for suspending a certificate	14181
without a hearing pending the outcome of an investigation;	14182

(7) Any other standards or procedures the department	14183
considers necessary to administer the certification program.	14184

Sec. 5123.451. The department of developmental disabilities	14185
shall establish and maintain a registry that lists all ~~MR/DD~~	14186
developmental disabilities personnel and registered nurses holding	14187
valid certificates issued under section 5123.45 of the Revised	14188
Code. The registry shall specify the type of certificate held and	14189
any limitations that apply to a certificate holder. The department	14190
shall make the information in the registry available to the public	14191
in computerized form or any other manner that provides continuous	14192
access to the information in the registry.	14193

Sec. 5123.47. (A) As used in this section:

14194

(1) "In-home care" means the supportive services provided	14195
within the home of an individual with ~~mental retardation or~~ a	14196
developmental disability who receives funding for the services	14197
through a county board of developmental disabilities, including	14198
any recipient of residential services funded as home and	14199
community-based services, family support services provided under	14200
section 5126.11 of the Revised Code, or supported living provided	14201
in accordance with sections 5126.41 to 5126.47 of the Revised	14202
Code. "In-home care" includes care that is provided outside an	14203
individual's home in places incidental to the home, and while	14204
traveling to places incidental to the home, except that "in-home	14205
care" does not include care provided in the facilities of a county	14206
board of developmental disabilities or care provided in schools.	14207

(2) "Parent" means either parent of a child, including an	14208
adoptive parent but not a foster parent.	14209

(3) "Unlicensed in-home care worker" means an individual who	14210
provides in-home care but is not a health care professional.	14211

(4) "Family member" means a parent, sibling, spouse, son,	14212
daughter, grandparent, aunt, uncle, cousin, or guardian of the	14213
individual with ~~mental retardation or~~ a developmental disability	14214
if the individual with ~~mental retardation or~~a developmental	14215
~~disabilities~~disability lives with the person and is dependent on	14216
the person to the extent that, if the supports were withdrawn,	14217
another living arrangement would have to be found.	14218

(5) "Health care professional" means any of the following:

14219

(a) A dentist who holds a valid license issued under Chapter	14220
4715. of the Revised Code;	14221

(b) A registered or licensed practical nurse who holds a	14222
valid license issued under Chapter 4723. of the Revised Code;	14223

(c) An optometrist who holds a valid license issued under	14224
Chapter 4725. of the Revised Code;	14225

(d) A pharmacist who holds a valid license issued under	14226
Chapter 4729. of the Revised Code;	14227

(e) A person who holds a valid certificate issued under	14228
Chapter 4731. of the Revised Code to practice medicine and	14229
surgery, osteopathic medicine and surgery, podiatric medicine and	14230
surgery, or a limited brand of medicine;	14231

(f) A physician assistant who holds a valid certificate	14232
issued under Chapter 4730. of the Revised Code;	14233

(g) An occupational therapist or occupational therapy	14234
assistant or a physical therapist or physical therapist assistant	14235
who holds a valid license issued under Chapter 4755. of the	14236
Revised Code;	14237

(h) A respiratory care professional who holds a valid license	14238
issued under Chapter 4761. of the Revised Code.	14239

(6) "Health care task" means a task that is prescribed,	14240
ordered, delegated, or otherwise directed by a health care	14241
professional acting within the scope of the professional's	14242
practice.	14243

(B) Except as provided in division (E) of this section, a	14244
family member of an individual with ~~mental retardation or~~ a	14245
developmental disability may authorize an unlicensed in-home care	14246
worker to administer oral and topical prescribed medications or	14247
perform other health care tasks as part of the in-home care the	14248
worker provides to the individual, if all of the following apply:	14249

(1) The family member is the primary supervisor of the care.

14250

(2) The unlicensed in-home care worker has been selected by	14251
the family member or the individual receiving care and is under	14252
the direct supervision of the family member.	14253

(3) The unlicensed in-home care worker is providing the care	14254
through an employment or other arrangement entered into directly	14255
with the family member and is not otherwise employed by or under	14256
contract with a person or government entity to provide services to	14257
individuals with ~~mental retardation and~~ developmental	14258
disabilities.	14259

(C) A family member shall obtain a prescription, if	14260
applicable, and written instructions from a health care	14261
professional for the care to be provided to the individual. The	14262
family member shall authorize the unlicensed in-home care worker	14263
to provide the care by preparing a written document granting the	14264
authority. The family member shall provide the unlicensed in-home	14265
care worker with appropriate training and written instructions in	14266
accordance with the instructions obtained from the health care	14267
professional.	14268

(D) A family member who authorizes an unlicensed in-home care	14269
worker to administer oral and topical prescribed medications or	14270
perform other health care tasks retains full responsibility for	14271
the health and safety of the individual receiving the care and for	14272
ensuring that the worker provides the care appropriately and	14273
safely. No entity that funds or monitors the provision of in-home	14274
care may be held liable for the results of the care provided under	14275
this section by an unlicensed in-home care worker, including such	14276
entities as the county board of developmental disabilities and the	14277
department of developmental disabilities.	14278

An unlicensed in-home care worker who is authorized under	14279
this section by a family member to provide care to an individual	14280
may not be held liable for any injury caused in providing the	14281
care, unless the worker provides the care in a manner that is not	14282
in accordance with the training and instructions received or the	14283
worker acts in a manner that constitutes wanton or reckless	14284
misconduct.	14285

(E) A county board of developmental disabilities may evaluate	14286
the authority granted by a family member under this section to an	14287
unlicensed in-home care worker at any time it considers necessary	14288
and shall evaluate the authority on receipt of a complaint. If the	14289
board determines that a family member has acted in a manner that	14290
is inappropriate for the health and safety of the individual	14291
receiving the care, the authorization granted by the family member	14292
to an unlicensed in-home care worker is void, and the family	14293
member may not authorize other unlicensed in-home care workers to	14294
provide the care. In making such a determination, the board shall	14295
use appropriately licensed health care professionals and shall	14296
provide the family member an opportunity to file a complaint under	14297
section 5126.06 of the Revised Code.	14298

Sec. 5123.50. As used in sections 5123.50 to 5123.542 of the	14299
Revised Code:	14300

(A) "Abuse" means all of the following:

14301

(1) The use of physical force that can reasonably be expected	14302
to result in physical harm or serious physical harm;	14303

(2) Sexual abuse;

14304

(3) Verbal abuse.

14305

(B) "Misappropriation" means depriving, defrauding, or	14306
otherwise obtaining the real or personal property of an individual	14307
by any means prohibited by the Revised Code, including violations	14308
of Chapter 2911. or 2913. of the Revised Code.	14309

(C) "~~MR/DD~~Developmental disabilities employee" means all of	14310
the following:	14311

(1) An employee of the department of developmental	14312
disabilities;	14313

(2) An employee of a county board of developmental	14314
disabilities;	14315

(3) An employee in a position that includes providing	14316
specialized services to an individual with ~~mental retardation or~~	14317
~~another~~a developmental disability;	14318

(4) An independent provider as defined in section 5123.16 of	14319
the Revised Code.	14320

(D) "Neglect" means, when there is a duty to do so, failing	14321
to provide an individual with any treatment, care, goods, or	14322
services that are necessary to maintain the health and safety of	14323
the individual.	14324

(E) "Offense of violence" has the same meaning as in section	14325
2901.01 of the Revised Code.	14326

(F) "Physical harm" and "serious physical harm" have the same	14327
meanings as in section 2901.01 of the Revised Code.	14328

(G) "Prescribed medication" has the same meaning as in	14329
section 5123.41 of the Revised Code.	14330

(H) "Sexual abuse" means unlawful sexual conduct or sexual	14331
contact.	14332

(I) "Specialized services" means any program or service	14333
designed and operated to serve primarily individuals with ~~mental~~	14334
~~retardation or a~~ developmental ~~disability~~disabilities, including	14335
a program or service provided by an entity licensed or certified	14336
by the department of developmental disabilities. A program or	14337
service available to the general public is not a specialized	14338
service.	14339

(J) "Verbal abuse" means purposely using words to threaten,	14340
coerce, intimidate, harass, or humiliate an individual.	14341

(K) "Sexual conduct," "sexual contact," and "spouse" have the	14342
same meanings as in section 2907.01 of the Revised Code.	14343

Sec. 5123.51. (A) In addition to any other action required	14344
by sections 5123.61 and 5126.31 of the Revised Code, the	14345
department of developmental disabilities shall review each report	14346
the department receives of abuse or neglect of an individual with	14347
~~mental retardation or~~ a developmental disability or	14348
misappropriation of an individual's property that includes an	14349
allegation that ~~an MR/DD~~a developmental disabilities employee	14350
committed or was responsible for the abuse, neglect, or	14351
misappropriation. The department shall review a report it receives	14352
from a public children services agency only after the agency	14353
completes its investigation pursuant to section 2151.421 of the	14354
Revised Code. On receipt of a notice under section 2930.061 or	14355
5123.541 of the Revised Code, the department shall review the	14356
notice.	14357

(B) The department shall do both of the following:

14358

(1) Investigate the allegation or adopt the findings of an	14359
investigation or review of the allegation conducted by another	14360
person or government entity and determine whether there is a	14361
reasonable basis for the allegation;	14362

(2) If the department determines that there is a reasonable	14363
basis for the allegation, conduct an adjudication pursuant to	14364
Chapter 119. of the Revised Code.	14365

(C)(1) The department shall appoint an independent hearing	14366
officer to conduct any hearing conducted pursuant to division	14367
(B)(2) of this section, except that, if the hearing is regarding	14368
an employee of the department who is represented by a union, the	14369
department and a representative of the union shall jointly select	14370
the hearing officer.	14371

(2)(a) Except as provided in division (C)(2)(b) of this	14372
section, no hearing shall be conducted under division (B)(2) of	14373
this section until any criminal proceeding or collective	14374
bargaining arbitration concerning the same allegation has	14375
concluded.	14376

(b) The department may conduct a hearing pursuant to division	14377
(B)(2) of this section before a criminal proceeding concerning the	14378
same allegation is concluded if both of the following are the	14379
case:	14380

(i) The department notifies the prosecutor responsible for	14381
the criminal proceeding that the department proposes to conduct a	14382
hearing.	14383

(ii) The prosecutor consents to the hearing.

14384

(3) In conducting a hearing pursuant to division (B)(2) of	14385
this section, the hearing officer shall do all of the following:	14386

(a) Determine whether there is clear and convincing evidence	14387
that the ~~MR/DD~~developmental disabilities employee has done any of	14388
the following:	14389

(i) Misappropriated property of one or more individuals with	14390
~~mental retardation or a~~ developmental ~~disability~~disabilities that	14391
has a value, either separately or taken together, of one hundred	14392
dollars or more;	14393

(ii) Misappropriated property of an individual with ~~mental~~	14394
~~retardation or~~ a developmental disability that is designed to be	14395
used as a check, draft, negotiable instrument, credit card, charge	14396
card, or device for initiating an electronic fund transfer at a	14397
point of sale terminal, automated teller machine, or cash	14398
dispensing machine;	14399

(iii) Misappropriated prescribed medication of an individual	14400
with ~~mental retardation or~~ a developmental disability;	14401

(iv) Knowingly abused such an individual;

14402

(v) Recklessly abused or neglected such an individual, with	14403
resulting physical harm;	14404

(vi) Negligently abused or neglected such an individual, with	14405
resulting serious physical harm;	14406

(vii) Recklessly neglected such an individual, creating a	14407
substantial risk of serious physical harm;	14408

(viii) Engaged in sexual conduct or had sexual contact with	14409
an individual with ~~mental retardation or another~~a developmental	14410
disability who was not the ~~MR/DD~~developmental disabilities	14411
employee's spouse and for whom the ~~MR/DD~~developmental	14412
disabilities employee was employed or under a contract to provide	14413
care;	14414

(ix) Unreasonably failed to make a report pursuant to	14415
division (C) of section 5123.61 of the Revised Code when the	14416
employee knew or should have known that the failure would result	14417
in a substantial risk of harm to an individual with ~~mental~~	14418
~~retardation or~~ a developmental disability;	14419

(x) Been convicted of or entered a plea of guilty to any of	14420
the following if the victim of the offense is an individual with	14421
~~mental retardation or~~ a developmental disability: an offense of	14422
violence, a violation of a section contained in Chapter 2907. or	14423
Chapter 2913. of the Revised Code, or a violation of section	14424
2903.16, 2903.34, 2903.341, or 2919.22 of the Revised Code.	14425

(b) Give weight to the decision in any collective bargaining	14426
arbitration regarding the same allegation;	14427

(c) Give weight to any relevant facts presented at the	14428
hearing.	14429

(D)(1) Unless the director of developmental disabilities	14430
determines that there are extenuating circumstances and except as	14431
provided in division (E) of this section, if the director, after	14432
considering all of the factors listed in division (C)(3) of this	14433
section, finds that there is clear and convincing evidence that an	14434
~~MR/DD~~a developmental disabilities employee has done one or more	14435
of the things described in division (C)(3)(a) of this section the	14436
director shall include the name of the employee in the registry	14437
established under section 5123.52 of the Revised Code.	14438

(2) Extenuating circumstances the director must consider	14439
include the use of physical force by ~~an MR/DD~~a developmental	14440
disabilities employee that was necessary as self-defense.	14441

(3) If the director includes ~~an MR/DD~~a developmental	14442
disabilities employee in the registry established under section	14443
5123.52 of the Revised Code, the director shall notify the	14444
employee, the person or government entity that employs or	14445
contracts with the employee, the individual with ~~mental~~	14446
~~retardation or~~ a developmental disability who was the subject of	14447
the report and that individual's legal guardian, if any, the	14448
attorney general, and the prosecuting attorney or other law	14449
enforcement agency. If the ~~MR/DD~~developmental disabilities	14450
employee holds a license, certificate, registration, or other	14451
authorization to engage in a profession issued pursuant to Title	14452
XLVII of the Revised Code, the director shall notify the	14453
appropriate agency, board, department, or other entity responsible	14454
for regulating the employee's professional practice.	14455

(4) If an individual whose name appears on the registry is	14456
involved in a court proceeding or arbitration arising from the	14457
same facts as the allegation resulting in the individual's	14458
placement on the registry, the disposition of the proceeding or	14459
arbitration shall be noted in the registry next to the	14460
individual's name.	14461

(E) In the case of an allegation concerning an employee of	14462
the department, after the hearing conducted pursuant to division	14463
(B)(2) of this section, the director of health or that director's	14464
designee shall review the decision of the hearing officer to	14465
determine whether the standard described in division (C)(3) of	14466
this section has been met. If the director or designee determines	14467
that the standard has been met and that no extenuating	14468
circumstances exist, the director or designee shall notify the	14469
director of developmental disabilities that the ~~MR/DD~~	14470
developmental disabilities employee is to be included in the	14471
registry established under section 5123.52 of the Revised Code. If	14472
the director of developmental disabilities receives such	14473
notification, the director shall include the ~~MR/DD~~developmental	14474
disabilities employee in the registry and shall provide the	14475
notification described in division (D)(3) of this section.	14476

(F) If the department is required by Chapter 119. of the	14477
Revised Code to give notice of an opportunity for a hearing and	14478
the ~~MR/DD~~developmental disabilities employee subject to the	14479
notice does not timely request a hearing in accordance with	14480
section 119.07 or 5123.0414 of the Revised Code, the department is	14481
not required to hold a hearing.	14482

(G) Files and records of investigations conducted pursuant to	14483
this section are not public records as defined in section 149.43	14484
of the Revised Code, but, on request, the department shall provide	14485
copies of those files and records to the attorney general, a	14486
prosecuting attorney, or a law enforcement agency.	14487

Sec. 5123.52. (A) The department of developmental	14488
disabilities shall establish a registry of ~~MR/DD~~developmental	14489
disabilities employees consisting of the names of ~~MR/DD~~	14490
developmental disabilities employees included in the registry	14491
pursuant to section 5123.51 of the Revised Code.	14492

(B) Before a person or government entity hires, contracts	14493
with, or employs an individual as ~~an MR/DD~~a developmental	14494
disabilities employee, the person or government entity shall	14495
inquire whether the individual is included in the registry.	14496

(C) When it receives an inquiry regarding whether an	14497
individual is included in the registry, the department shall	14498
inform the person making the inquiry whether the individual is	14499
included in the registry.	14500

(D)(1) Except as otherwise provided in a collective	14501
bargaining agreement entered into under Chapter 4117. of the	14502
Revised Code that is in effect on November 22, 2000, no person or	14503
government entity shall hire, contract with, or employ as ~~an MR/DD~~	14504
a developmental disabilities employee an individual who is	14505
included in the registry. Notwithstanding sections 4117.08 and	14506
4117.10 of the Revised Code, no agreement entered into under	14507
Chapter 4117. of the Revised Code after November 22, 2000, may	14508
contain any provision that in any way limits the effect or	14509
operation of this section.	14510

(2) Neither the department nor any county board of	14511
developmental disabilities may enter into a new contract or renew	14512
a contract with a person or government entity that fails to comply	14513
with division (D)(1) of this section until the department or board	14514
is satisfied that the person or government entity will comply.	14515

(3) A person or government entity that fails to hire or	14516
retain as ~~an MR/DD~~a developmental disabilities employee a person	14517
because the person is included in the registry shall not be liable	14518
in damages in a civil action brought by the employee or applicant	14519
for employment. Termination of employment pursuant to division	14520
(D)(1) of this section constitutes a discharge for just cause for	14521
the purposes of section 4141.29 of the Revised Code.	14522

(E) Information contained in the registry is a public record	14523
for the purposes of section 149.43 of the Revised Code and is	14524
subject to inspection and copying under section 1347.08 of the	14525
Revised Code.	14526

Sec. 5123.541. (A) No ~~MR/DD~~developmental disabilities	14527
employee shall engage in any sexual conduct or have any sexual	14528
contact with an individual with ~~mental retardation or another~~a	14529
developmental disability for whom the ~~MR/DD~~developmental	14530
disabilities employee is employed or under a contract to provide	14531
care unless the individual is the ~~MR/DD~~developmental disabilities	14532
employee's spouse.	14533

(B) Any ~~MR/DD~~developmental disabilities employee who	14534
violates division (A) of this section shall be eligible to be	14535
included in the registry regarding misappropriation, abuse,	14536
neglect, or other specified misconduct by ~~MR/DD~~developmental	14537
disabilities employees established under section 5123.52 of the	14538
Revised Code, in addition to any other sanction or penalty	14539
authorized or required by law.	14540

(C)(1) Any person listed in division (C)(2) of section	14541
5123.61 of the Revised Code who has reason to believe that an	14542
~~MR/DD~~developmental disabilities employee has violated division	14543
(A) of this section shall immediately report that belief to the	14544
department of developmental disabilities.	14545

(2) Any person who has reason to believe that ~~an MR/DD~~a	14546
developmental disabilities employee has violated division (A) of	14547
this section may report that belief to the department of	14548
developmental disabilities.	14549

Sec. 5123.542. (A) Each of the following shall annually	14550
provide a written notice to each of its ~~MR/DD~~developmental	14551
disabilities employees explaining the conduct for which ~~an MR/DD~~a	14552
developmental disabilities employee may be included in the	14553
registry established under section 5123.52 of the Revised Code:	14554

(1) The department of developmental disabilities;

14555

(2) Each county board of developmental disabilities;

14556

(3) Each provider and subcontractor, as defined in section	14557
5123.081 of the Revised Code;	14558

(4) Each owner, operator, or administrator of a residential	14559
facility, as defined in section 5123.19 of the Revised Code;	14560

(5) Each owner, operator, or administrator of a program	14561
certified by the department to provide supported living.	14562

(B) The department of developmental disabilities or a county	14563
board of developmental disabilities shall provide the notice	14564
required by division (A) of this section to ~~an MR/DD~~a	14565
developmental disabilities employee who is an independent provider	14566
as defined in section 5123.16 of the Revised Code.	14567

(C) The notice described in division (A) of this section	14568
shall be in a form and provided in a manner prescribed by the	14569
department of developmental disabilities. The form shall be the	14570
same for all persons and entities required to provide notice under	14571
division (A) of this section.	14572

~~(C)~~(D) The fact that ~~an MR/DD~~a developmental disabilities	14573
employee does not receive the notice required by this section does	14574
not exempt the employee from inclusion in the registry established	14575
under section 5123.52 of the Revised Code.	14576

Sec. 5123.55. As used in sections 5123.55 to 5123.59 of the	14577
Revised Code:	14578

(A) "Guardian" means a guardian of the person, limited	14579
guardian, interim guardian, or emergency guardian pursuant to	14580
appointment by the probate court under Chapter 2111. of the	14581
Revised Code.	14582

(B) "Trustee" means a trustee appointed by and accountable to	14583
the probate court, in lieu of a guardian and without a judicial	14584
determination of incompetency, with respect to an estate of ten	14585
thousand dollars or less.	14586

(C) "Protector" means an agency under contract with the	14587
department of developmental disabilities acting with or without	14588
court appointment to provide guidance, service, and encouragement	14589
in the development of maximum self-reliance to a person with	14590
~~mental retardation or~~ a developmental disability, independent of	14591
any determination of incompetency.	14592

(D) "Protective service" means performance of the duties of a	14593
guardian, trustee, or conservator, or acting as a protector, with	14594
respect to a person with ~~mental retardation or~~ a developmental	14595
disability.	14596

(E) "Conservator" means a conservator of the person pursuant	14597
to an appointment by a probate court under Chapter 2111. of the	14598
Revised Code.	14599

Sec. 5123.57. No guardianship or trusteeship appointment	14600
shall be made under sections 5123.55 to 5123.59 of the Revised	14601
Code and no person shall be accepted for service by a protector	14602
under those sections unless a comprehensive evaluation has been	14603
made in a clinic or other facility approved by the department of	14604
developmental disabilities. The evaluation shall include a	14605
medical, psychological, social, and educational evaluation, and a	14606
copy of the evaluation shall be filed with the department.	14607

Any agency that is appointed as a guardian, trustee, or	14608
conservator under sections 5123.55 to 5123.59 of the Revised Code	14609
or accepted as a protector under those sections shall provide for	14610
a review at least once each year in writing of the physical,	14611
mental, and social condition of each ~~mentally retarded or~~	14612
~~developmentally disabled~~ person with a developmental disability	14613
for whom it is acting as guardian, trustee, or protector. An	14614
agency providing protective services under contract with the	14615
department shall file these reports with the department of	14616
developmental disabilities. Any record of the department or agency	14617
pertaining to a ~~mentally retarded or developmentally disabled~~	14618
person with a developmental disability shall not be a public	14619
record under section 149.43 of the Revised Code. Information	14620
contained in those records shall not be disclosed publicly in such	14621
a manner as to identify individuals, but may be made available to	14622
persons approved by the director of developmental disabilities or	14623
the court.	14624

Sec. 5123.58. An agency providing protective services under	14625
contract with the department of developmental disabilities may be	14626
nominated under any of the following conditions as guardian,	14627
trustee, protector, conservator, or as trustee and protector of a	14628
~~mentally retarded or developmentally disabled~~ person with a	14629
developmental disability:	14630

(A) The person who needs or believes the person needs	14631
protective service may make application in writing.	14632

(B) Any interested person may make application in writing on	14633
behalf of a ~~mentally retarded or developmentally disabled~~ person	14634
with a developmental disability.	14635

(C) A parent may name the department or agency as guardian or	14636
successor guardian in a will.	14637

(D) A parent may name the department or agency as guardian,	14638
trustee, or protector, to assume such duties during the parent's	14639
lifetime.	14640

If the results of the comprehensive evaluation required under	14641
section 5123.57 of the Revised Code indicate that the person named	14642
in the nomination is in need of protective services, the agency or	14643
service either shall reject or accept the nomination as guardian,	14644
trustee, or conservator, subject to appointment by the probate	14645
court, or reject or accept the nomination as protector, or trustee	14646
and protector.	14647

At the time the nomination is accepted or when an appointment	14648
is made by the court, the ~~mentally retarded or developmentally~~	14649
~~disabled~~ person with a developmental disability and any person who	14650
made application for service on the ~~mentally retarded or~~	14651
~~developmentally disabled person's~~ behalf of a person with a	14652
developmental disability under this section shall be informed by	14653
the agency, service, or court of the procedure for terminating the	14654
appointment or service. The agency or service shall cease to	14655
provide protective service as a protector pursuant to nomination	14656
under division (A), (B), or (D) of this section when a written	14657
request for termination is received by the agency from or on	14658
behalf of the ~~mentally retarded or developmentally disabled~~	14659
person with a developmental disability. If the agency or service	14660
believes the person to be in need of protective service, the	14661
agency or service may file an application for guardianship,	14662
trusteeship, or protectorship with the probate court. Termination	14663
of any court appointment as guardian, trustee, or protector shall	14664
be by order of the probate court.	14665

Sec. 5123.601. (A) The Ohio protection and advocacy system	14666
staff, and attorneys designated by the system to represent persons	14667
detained, hospitalized, or institutionalized under this chapter or	14668
Chapter 5122. of the Revised Code shall have ready access to all	14669
of the following:	14670

(1) During normal business hours and at other reasonable	14671
times, all records, except records of community residential	14672
facilities and records of contract agencies of county boards of	14673
developmental disabilities and boards of alcohol, drug addiction,	14674
and mental health services, relating to expenditures of state and	14675
federal funds or to the commitment, care, treatment, and	14676
habilitation of all persons represented by the Ohio protection and	14677
advocacy system, including those who may be represented pursuant	14678
to division (D) of this section, or persons detained,	14679
hospitalized, institutionalized, or receiving services under this	14680
chapter or Chapter 340., 5119., 5122., or 5126. of the Revised	14681
Code that are records maintained by the following entities	14682
providing services for those persons: departments; institutions;	14683
hospitals; boards of alcohol, drug addiction, and mental health	14684
services; county boards of developmental disabilities; and any	14685
other entity providing services to persons who may be represented	14686
by the Ohio protection and advocacy system pursuant to division	14687
(D) of this section;	14688

(2) Any records maintained in computerized data banks of the	14689
departments or boards or, in the case of persons who may be	14690
represented by the Ohio protection and advocacy system pursuant to	14691
division (D) of this section, any other entity that provides	14692
services to those persons;	14693

(3) During their normal working hours, personnel of the	14694
departments, facilities, boards, agencies, institutions,	14695
hospitals, and other service-providing entities;	14696

(4) At any time, all persons detained, hospitalized, or	14697
institutionalized; persons receiving services under this chapter	14698
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and	14699
persons who may be represented by the Ohio protection and advocacy	14700
system pursuant to division (D) of this section.	14701

(5) Records of a community residential facility, a contract	14702
agency of a board of alcohol, drug addiction, and mental health	14703
services, or a contract agency of a county board of developmental	14704
disabilities with one of the following consents:	14705

(a) The consent of the person, including when the person is a	14706
minor or has been adjudicated incompetent;	14707

(b) The consent of the person's guardian of the person, if	14708
any, or the parent if the person is a minor;	14709

(c) No consent, if the person is unable to consent for any	14710
reason, and the guardian of the person, if any, or the parent of	14711
the minor, has refused to consent or has not responded to a	14712
request for consent and either of the following has occurred:	14713

(i) A complaint regarding the person has been received by the	14714
Ohio protection and advocacy system;	14715

(ii) The Ohio protection and advocacy system has determined	14716
that there is probable cause to believe that such person has been	14717
subjected to abuse or neglect.	14718

(B) All records received or maintained by the Ohio protection	14719
and advocacy system in connection with any investigation,	14720
representation, or other activity under this section shall be	14721
confidential and shall not be disclosed except as authorized by	14722
the person represented by the Ohio protection and advocacy system	14723
or, subject to any privilege, a guardian of the person or parent	14724
of the minor. Relationships between personnel and the agents of	14725
the Ohio protection and advocacy system and its clients shall be	14726
fiduciary relationships, and all communications shall be	14727
privileged as if between attorney and client.	14728

(C) The Ohio protection and advocacy system may compel by	14729
subpoena the appearance and sworn testimony of any person the Ohio	14730
protection and advocacy system reasonably believes may be able to	14731
provide information or to produce any documents, books, records,	14732
papers, or other information necessary to carry out its duties. On	14733
the refusal of any person to produce or authenticate any requested	14734
documents, the Ohio protection and advocacy system may apply to	14735
the Franklin county court of common pleas to compel the production	14736
or authentication of requested documents. If the court finds that	14737
failure to produce or authenticate any requested documents was	14738
improper, the court may hold the person in contempt as in the case	14739
of disobedience of the requirements of a subpoena issued from the	14740
court, or a refusal to testify in the court.	14741

(D) In addition to providing services to mentally ill,	14742
~~mentally retarded,~~persons or ~~developmentally disabled~~ persons	14743
with developmental disabilities, when a grant authorizing the	14744
provision of services to other individuals is accepted by the Ohio	14745
protection and advocacy system, the Ohio protection and advocacy	14746
system may provide advocacy to those other individuals and	14747
exercise any other authority granted by this section on behalf of	14748
those individuals. Determinations of whether an individual is	14749
eligible for services under this division shall be made by the	14750
Ohio protection and advocacy system.	14751

Sec. 5123.61. (A) As used in this section:

14752

(1) "Law enforcement agency" means the state highway patrol,	14753
the police department of a municipal corporation, or a county	14754
sheriff.	14755

(2) "Abuse" has the same meaning as in section 5123.50 of the	14756
Revised Code, except that it includes a misappropriation, as	14757
defined in that section.	14758

(3) "Neglect" has the same meaning as in section 5123.50 of	14759
the Revised Code.	14760

(B) The department of developmental disabilities shall	14761
establish a registry office for the purpose of maintaining reports	14762
of abuse, neglect, and other major unusual incidents made to the	14763
department under this section and reports received from county	14764
boards of developmental disabilities under section 5126.31 of the	14765
Revised Code. The department shall establish committees to review	14766
reports of abuse, neglect, and other major unusual incidents.	14767

(C)(1) Any person listed in division (C)(2) of this section,	14768
having reason to believe that a person with ~~mental retardation or~~	14769
a developmental disability has suffered or faces a substantial	14770
risk of suffering any wound, injury, disability, or condition of	14771
such a nature as to reasonably indicate abuse or neglect of that	14772
person, shall immediately report or cause reports to be made of	14773
such information to the entity specified in this division. Except	14774
as provided in section 5120.173 of the Revised Code or as	14775
otherwise provided in this division, the person making the report	14776
shall make it to a law enforcement agency or to the county board	14777
of developmental disabilities. If the report concerns a resident	14778
of a facility operated by the department of developmental	14779
disabilities the report shall be made either to a law enforcement	14780
agency or to the department. If the report concerns any act or	14781
omission of an employee of a county board of developmental	14782
disabilities, the report immediately shall be made to the	14783
department and to the county board.	14784

(2) All of the following persons are required to make a	14785
report under division (C)(1) of this section:	14786

(a) Any physician, including a hospital intern or resident,	14787
any dentist, podiatrist, chiropractor, practitioner of a limited	14788
branch of medicine as specified in section 4731.15 of the Revised	14789
Code, hospital administrator or employee of a hospital, nurse	14790
licensed under Chapter 4723. of the Revised Code, employee of an	14791
ambulatory health facility as defined in section 5101.61 of the	14792
Revised Code, employee of a home health agency, employee of a	14793
residential facility licensed under section 5119.34 of the Revised	14794
Code that provides accommodations, supervision, and person care	14795
services for three to sixteen unrelated adults, or employee of a	14796
community mental health facility;	14797

(b) Any school teacher or school authority, licensed	14798
professional clinical counselor, licensed professional counselor,	14799
independent social worker, social worker, independent marriage and	14800
family therapist, marriage and family therapist, psychologist,	14801
attorney, peace officer, coroner, or residents' rights advocate as	14802
defined in section 3721.10 of the Revised Code;	14803

(c) A superintendent, board member, or employee of a county	14804
board of developmental disabilities; an administrator, board	14805
member, or employee of a residential facility licensed under	14806
section 5123.19 of the Revised Code; an administrator, board	14807
member, or employee of any other public or private provider of	14808
services to a person with ~~mental retardation or~~ a developmental	14809
disability, or any ~~MR/DD~~developmental disabilities employee, as	14810
defined in section 5123.50 of the Revised Code;	14811

(d) A member of a citizen's advisory council established at	14812
an institution or branch institution of the department of	14813
developmental disabilities under section 5123.092 of the Revised	14814
Code;	14815

(e) A member of the clergy who is employed in a position that	14816
includes providing specialized services to an individual with	14817
~~mental retardation or another~~a developmental disability, while	14818
acting in an official or professional capacity in that position,	14819
or a person who is employed in a position that includes providing	14820
specialized services to an individual with ~~mental retardation or~~	14821
~~another~~a developmental disability and who, while acting in an	14822
official or professional capacity, renders spiritual treatment	14823
through prayer in accordance with the tenets of an organized	14824
religion.	14825

(3)(a) The reporting requirements of this division do not	14826
apply to employees of the Ohio protection and advocacy system.	14827

(b) An attorney or physician is not required to make a report	14828
pursuant to division (C)(1) of this section concerning any	14829
communication the attorney or physician receives from a client or	14830
patient in an attorney-client or physician-patient relationship,	14831
if, in accordance with division (A) or (B) of section 2317.02 of	14832
the Revised Code, the attorney or physician could not testify with	14833
respect to that communication in a civil or criminal proceeding,	14834
except that the client or patient is deemed to have waived any	14835
testimonial privilege under division (A) or (B) of section 2317.02	14836
of the Revised Code with respect to that communication and the	14837
attorney or physician shall make a report pursuant to division	14838
(C)(1) of this section, if both of the following apply:	14839

(i) The client or patient, at the time of the communication,	14840
is a person with ~~mental retardation or~~ a developmental disability.	14841

(ii) The attorney or physician knows or suspects, as a result	14842
of the communication or any observations made during that	14843
communication, that the client or patient has suffered or faces a	14844
substantial risk of suffering any wound, injury, disability, or	14845
condition of a nature that reasonably indicates abuse or neglect	14846
of the client or patient.	14847

(4) Any person who fails to make a report required under	14848
division (C) of this section and who is ~~an MR/DD~~a developmental	14849
disabilities employee, as defined in section 5123.50 of the	14850
Revised Code, shall be eligible to be included in the registry	14851
regarding misappropriation, abuse, neglect, or other specified	14852
misconduct by ~~MR/DD~~developmental disabilities employees	14853
established under section 5123.52 of the Revised Code.	14854

(D) The reports required under division (C) of this section	14855
shall be made forthwith by telephone or in person and shall be	14856
followed by a written report. The reports shall contain the	14857
following:	14858

(1) The names and addresses of the person with ~~mental~~	14859
~~retardation or~~ a developmental disability and the person's	14860
custodian, if known;	14861

(2) The age of the person with ~~mental retardation or~~ a	14862
developmental disability;	14863

(3) Any other information that would assist in the	14864
investigation of the report.	14865

(E) When a physician performing services as a member of the	14866
staff of a hospital or similar institution has reason to believe	14867
that a person with ~~mental retardation or~~ a developmental	14868
disability has suffered injury, abuse, or physical neglect, the	14869
physician shall notify the person in charge of the institution or	14870
that person's designated delegate, who shall make the necessary	14871
reports.	14872

(F) Any person having reasonable cause to believe that a	14873
person with ~~mental retardation or~~ a developmental disability has	14874
suffered or faces a substantial risk of suffering abuse or neglect	14875
may report or cause a report to be made of that belief to the	14876
entity specified in this division. Except as provided in section	14877
5120.173 of the Revised Code or as otherwise provided in this	14878
division, the person making the report shall make it to a law	14879
enforcement agency or the county board of developmental	14880
disabilities. If the person is a resident of a facility operated	14881
by the department of developmental disabilities, the report shall	14882
be made to a law enforcement agency or to the department. If the	14883
report concerns any act or omission of an employee of a county	14884
board of developmental disabilities, the report immediately shall	14885
be made to the department and to the county board.	14886

(G)(1) Upon the receipt of a report concerning the possible	14887
abuse or neglect of a person with ~~mental retardation or~~ a	14888
developmental disability, the law enforcement agency shall inform	14889
the county board of developmental disabilities or, if the person	14890
is a resident of a facility operated by the department of	14891
developmental disabilities, the department.	14892

(2) On receipt of a report under this section that includes	14893
an allegation of action or inaction that may constitute a crime	14894
under federal law or the law of this state, the department of	14895
developmental disabilities shall notify the law enforcement	14896
agency.	14897

(3) When a county board of developmental disabilities	14898
receives a report under this section that includes an allegation	14899
of action or inaction that may constitute a crime under federal	14900
law or the law of this state, the superintendent of the board or	14901
an individual the superintendent designates under division (H) of	14902
this section shall notify the law enforcement agency. The	14903
superintendent or individual shall notify the department of	14904
developmental disabilities when it receives any report under this	14905
section.	14906

(4) When a county board of developmental disabilities	14907
receives a report under this section and believes that the degree	14908
of risk to the person is such that the report is an emergency, the	14909
superintendent of the board or an employee of the board the	14910
superintendent designates shall attempt a face-to-face contact	14911
with the person with ~~mental retardation or~~ a developmental	14912
disability who allegedly is the victim within one hour of the	14913
board's receipt of the report.	14914

(H) The superintendent of the board may designate an	14915
individual to be responsible for notifying the law enforcement	14916
agency and the department when the county board receives a report	14917
under this section.	14918

(I) An adult with ~~mental retardation or~~ a developmental	14919
disability about whom a report is made may be removed from the	14920
adult's place of residence only by law enforcement officers who	14921
consider that the adult's immediate removal is essential to	14922
protect the adult from further injury or abuse or in accordance	14923
with the order of a court made pursuant to section 5126.33 of the	14924
Revised Code.	14925

(J) A law enforcement agency shall investigate each report of	14926
abuse or neglect it receives under this section. In addition, the	14927
department, in cooperation with law enforcement officials, shall	14928
investigate each report regarding a resident of a facility	14929
operated by the department to determine the circumstances	14930
surrounding the injury, the cause of the injury, and the person	14931
responsible. The investigation shall be in accordance with the	14932
memorandum of understanding prepared under section 5126.058 of the	14933
Revised Code. The department shall determine, with the registry	14934
office which shall be maintained by the department, whether prior	14935
reports have been made concerning an adult with ~~mental retardation~~	14936
or a developmental disability or other principals in the case. If	14937
the department finds that the report involves action or inaction	14938
that may constitute a crime under federal law or the law of this	14939
state, it shall submit a report of its investigation, in writing,	14940
to the law enforcement agency. If the person with ~~mental~~	14941
~~retardation or~~ a developmental disability is an adult, with the	14942
consent of the adult, the department shall provide such protective	14943
services as are necessary to protect the adult. The law	14944
enforcement agency shall make a written report of its findings to	14945
the department.	14946

If the person is an adult and is not a resident of a facility	14947
operated by the department, the county board of developmental	14948
disabilities shall review the report of abuse or neglect in	14949
accordance with sections 5126.30 to 5126.33 of the Revised Code	14950
and the law enforcement agency shall make the written report of	14951
its findings to the county board.	14952

(K) Any person or any hospital, institution, school, health	14953
department, or agency participating in the making of reports	14954
pursuant to this section, any person participating as a witness in	14955
an administrative or judicial proceeding resulting from the	14956
reports, or any person or governmental entity that discharges	14957
responsibilities under sections 5126.31 to 5126.33 of the Revised	14958
Code shall be immune from any civil or criminal liability that	14959
might otherwise be incurred or imposed as a result of such actions	14960
except liability for perjury, unless the person or governmental	14961
entity has acted in bad faith or with malicious purpose.	14962

(L) No employer or any person with the authority to do so	14963
shall discharge, demote, transfer, prepare a negative work	14964
performance evaluation, reduce pay or benefits, terminate work	14965
privileges, or take any other action detrimental to an employee or	14966
retaliate against an employee as a result of the employee's having	14967
made a report under this section. This division does not preclude	14968
an employer or person with authority from taking action with	14969
regard to an employee who has made a report under this section if	14970
there is another reasonable basis for the action.	14971

(M) Reports made under this section are not public records as	14972
defined in section 149.43 of the Revised Code. Information	14973
contained in the reports on request shall be made available to the	14974
person who is the subject of the report, to the person's legal	14975
counsel, and to agencies authorized to receive information in the	14976
report by the department or by a county board of developmental	14977
disabilities.	14978

(N) Notwithstanding section 4731.22 of the Revised Code, the	14979
physician-patient privilege shall not be a ground for excluding	14980
evidence regarding the injuries or physical neglect of a person	14981
with ~~mental retardation or~~ a developmental disability or the cause	14982
thereof in any judicial proceeding resulting from a report	14983
submitted pursuant to this section.	14984

Sec. 5123.611. (A) As used in this section, "~~MR/DD~~	14985
developmental disabilities employee" means all of the following:	14986

(1) An employee of the department of developmental	14987
disabilities;	14988

(2) An employee of a county board of developmental	14989
disabilities;	14990

(3) An employee in a position that includes providing	14991
specialized services, as defined in section 5123.50 of the Revised	14992
Code, to an individual with ~~mental retardation or~~ a developmental	14993
disability.	14994

(B) At the conclusion of a review of a report of abuse,	14995
neglect, or a major unusual incident that is conducted by a review	14996
committee established pursuant to section 5123.61 of the Revised	14997
Code, the committee shall issue recommendations to the department.	14998
The department shall review the committee's recommendations and	14999
issue a report of its findings. The department shall make the	15000
report available to all of the following:	15001

(1) The individual with ~~mental retardation or~~ a developmental	15002
disability who is the subject of the report;	15003

(2) That individual's guardian or legal counsel;

15004

(3) The licensee, as defined in section 5123.19 of the	15005
Revised Code, of a residential facility in which the individual	15006
resides;	15007

(4) The employer of any ~~MR/DD~~developmental disabilities	15008
employee who allegedly committed or was responsible for the abuse,	15009
neglect, or major unusual incident.	15010

(C) Except as provided in this section, the department shall	15011
not disclose its report to any person or government entity that is	15012
not authorized to investigate reports of abuse, neglect, or other	15013
major unusual incidents, unless the individual with ~~mental~~	15014
~~retardation or~~ a developmental disability who is the subject of	15015
the report or the individual's guardian gives the department	15016
written consent.	15017

Sec. 5123.612. The director of developmental disabilities	15018
shall adopt rules in accordance with Chapter 119. of the Revised	15019
Code regarding the reporting of major unusual incidents and	15020
unusual incidents concerning persons with ~~mental retardation or a~~	15021
developmental ~~disability~~disabilities. The rules shall specify	15022
what constitutes a major unusual incident or an unusual incident.	15023

Sec. 5123.614. (A) Subject to division (B) of this section,	15024
on receipt of a report of a major unusual incident made pursuant	15025
to section 5123.61 or 5126.31 of the Revised Code or rules adopted	15026
under section 5123.612 of the Revised Code, the department of	15027
developmental disabilities may do either of the following:	15028

(1) Conduct an independent review or investigation of the	15029
incident;	15030

(2) Request that an independent review or investigation of	15031
the incident be conducted by a county board of developmental	15032
disabilities that is not implicated in the report, a regional	15033
council of government, or any other entity authorized to conduct	15034
such investigations.	15035

(B) If a report described in division (A) of this section	15036
concerning the health or safety of a person with ~~mental~~	15037
~~retardation or~~ a developmental disability involves an allegation	15038
that an employee of a county board of developmental disabilities	15039
has created a substantial risk of serious physical harm to a	15040
person with ~~mental retardation or~~ a developmental disability, the	15041
department shall do one of the following:	15042

(1) Conduct an independent investigation regarding the	15043
incident;	15044

(2) Request that an independent review or investigation of	15045
the incident be conducted by a county board of developmental	15046
disabilities that is not implicated in the report, a regional	15047
council of government, or any other entity authorized to conduct	15048
such investigations.	15049

Sec. 5123.62. The rights of persons with ~~mental retardation~~	15050
~~or a~~ developmental ~~disability~~disabilities include, but are not	15051
limited to, the following:	15052

(A) The right to be treated at all times with courtesy and	15053
respect and with full recognition of their dignity and	15054
individuality;	15055

(B) The right to an appropriate, safe, and sanitary living	15056
environment that complies with local, state, and federal standards	15057
and recognizes the persons' need for privacy and independence;	15058

(C) The right to food adequate to meet accepted standards of	15059
nutrition;	15060

(D) The right to practice the religion of their choice or to	15061
abstain from the practice of religion;	15062

(E) The right of timely access to appropriate medical or	15063
dental treatment;	15064

(F) The right of access to necessary ancillary services,	15065
including, but not limited to, occupational therapy, physical	15066
therapy, speech therapy, and behavior modification and other	15067
psychological services;	15068

(G) The right to receive appropriate care and treatment in	15069
the least intrusive manner;	15070

(H) The right to privacy, including both periods of privacy	15071
and places of privacy;	15072

(I) The right to communicate freely with persons of their	15073
choice in any reasonable manner they choose;	15074

(J) The right to ownership and use of personal possessions so	15075
as to maintain individuality and personal dignity;	15076

(K) The right to social interaction with members of either	15077
sex;	15078

(L) The right of access to opportunities that enable	15079
individuals to develop their full human potential;	15080

(M) The right to pursue vocational opportunities that will	15081
promote and enhance economic independence;	15082

(N) The right to be treated equally as citizens under the	15083
law;	15084

(O) The right to be free from emotional, psychological, and	15085
physical abuse;	15086

(P) The right to participate in appropriate programs of	15087
education, training, social development, and habilitation and in	15088
programs of reasonable recreation;	15089

(Q) The right to participate in decisions that affect their	15090
lives;	15091

(R) The right to select a parent or advocate to act on their	15092
behalf;	15093

(S) The right to manage their personal financial affairs,	15094
based on individual ability to do so;	15095

(T) The right to confidential treatment of all information in	15096
their personal and medical records, except to the extent that	15097
disclosure or release of records is permitted under sections	15098
5123.89 and 5126.044 of the Revised Code;	15099

(U) The right to voice grievances and recommend changes in	15100
policies and services without restraint, interference, coercion,	15101
discrimination, or reprisal;	15102

(V) The right to be free from unnecessary chemical or	15103
physical restraints;	15104

(W) The right to participate in the political process;

15105

(X) The right to refuse to participate in medical,	15106
psychological, or other research or experiments.	15107

Sec. 5123.63. Every state agency, county board of	15108
developmental disabilities, or political subdivision that provides	15109
services, either directly or through a contract, to persons with	15110
~~mental retardation or a~~ developmental ~~disability~~disabilities	15111
shall give each provider a copy of the list of rights contained in	15112
section 5123.62 of the Revised Code. Each public and private	15113
provider of services shall carry out the requirements of this	15114
section in addition to any other posting or notification	15115
requirements imposed by local, state, or federal law or rules.	15116

The provider shall make copies of the list of rights and	15117
shall be responsible for an initial distribution of the list to	15118
each individual receiving services from the provider. If the	15119
individual is unable to read the list, the provider shall	15120
communicate the contents of the list to the individual to the	15121
extent practicable in a manner that the individual understands.	15122
The individual receiving services or the parent, guardian, or	15123
advocate of the individual shall sign an acknowledgement of	15124
receipt of a copy of the list of rights, and a copy of the signed	15125
acknowledgement shall be placed in the individual's file. The	15126
provider shall also be responsible for answering any questions and	15127
giving any explanations necessary to assist the individual to	15128
understand the rights enumerated. Instruction in these rights	15129
shall be documented.	15130

Each provider shall make available to all persons receiving	15131
services and all employees and visitors a copy of the list of	15132
rights and the addresses and telephone numbers of the Ohio	15133
protection and advocacy system, the department of developmental	15134
disabilities, and the county board of developmental disabilities	15135
of the county in which the provider provides services.	15136

Sec. 5123.64. (A) Every provider of services to persons with	15137
~~mental retardation or a~~ developmental ~~disability~~disabilities	15138
shall establish policies and programs to ensure that all staff	15139
members are familiar with the rights enumerated in section 5123.62	15140
of the Revised Code and observe those rights in their contacts	15141
with persons receiving services. Any policy, procedure, or rule of	15142
the provider that conflicts with any of the rights enumerated	15143
shall be null and void. Every provider shall establish written	15144
procedures for resolving complaints of violations of those rights.	15145
A copy of the procedures shall be provided to any person receiving	15146
services or to any parent, guardian, or advocate of a person	15147
receiving services.	15148

(B) Any person with ~~mental retardation or~~ a developmental	15149
disability who believes that the person's rights as enumerated in	15150
section 5123.62 of the Revised Code have been violated may:	15151

(1) Bring the violation to the attention of the provider for	15152
resolution;	15153

(2) Report the violation to the department of developmental	15154
disabilities, the Ohio protection and advocacy system, or the	15155
appropriate county board of developmental disabilities;	15156

(3) Take any other appropriate action to ensure compliance	15157
with sections 5123.61 to 5123.64 of the Revised Code, including	15158
the filing of a legal action to enforce rights or to recover	15159
damages for violation of rights.	15160

Sec. 5123.65. In addition to the rights specified in section	15161
5123.62 of the Revised Code, individuals with ~~mental retardation~~	15162
~~and~~ developmental disabilities who can safely self-administer	15163
medication or receive assistance with self-administration of	15164
medication have the right to self-administer medication or receive	15165
assistance with the self-administration of medication. The	15166
department of developmental disabilities shall adopt rules as it	15167
considers necessary to implement and enforce this section. The	15168
rules shall be adopted in accordance with Chapter 119. of the	15169
Revised Code.	15170

Sec. 5123.651. (A) As used in this section, "~~MR/DD~~	15171
developmental disabilities personnel" and "prescribed medication"	15172
have the same meanings as in section 5123.41 of the Revised Code.	15173

(B) ~~MR/DD~~Developmental disabilities personnel who are not	15174
specifically authorized by other provisions of the Revised Code to	15175
provide assistance in the self-administration of prescribed	15176
medication may, under this section, provide that assistance as	15177
part of the services they provide to individuals with ~~mental~~	15178
~~retardation and~~ developmental disabilities. To provide assistance	15179
with self-administration of prescribed medication, ~~MR/DD~~	15180
developmental disabilities personnel are not required to be	15181
trained or certified in accordance with section 5123.42 of the	15182
Revised Code.	15183

(C) When assisting in the self-administration of prescribed	15184
medication, ~~MR/DD~~developmental disabilities personnel shall take	15185
only the following actions:	15186

(1) Remind an individual when to take the medication and	15187
observe the individual to ensure that the individual follows the	15188
directions on the container;	15189

(2) Assist an individual by taking the medication in its	15190
container from the area where it is stored, handing the container	15191
with the medication in it to the individual, and opening the	15192
container, if the individual is physically unable to open the	15193
container;	15194

(3) Assist, on request by or with the consent of, a	15195
physically impaired but mentally alert individual, with removal of	15196
oral or topical medication from the container and with the	15197
individual's taking or applying of the medication. If an	15198
individual is physically unable to place a dose of oral medication	15199
to the individual's mouth without spilling or dropping it, ~~MR/DD~~	15200
developmental disabilities personnel may place the dose in another	15201
container and place that container to the individual's mouth.	15202

Sec. 5123.67. This chapter shall be liberally interpreted to	15203
accomplish the following purposes:	15204

(A) To promote the human dignity and to protect the	15205
constitutional rights of persons with ~~mental retardation or a~~	15206
developmental ~~disability~~disabilities in the state;	15207

(B) To encourage the development of the ability and potential	15208
of each person with ~~mental retardation or~~ a developmental	15209
disability in the state to the fullest possible extent, no matter	15210
how severe the degree of disability;	15211

(C) To promote the economic security, standard of living, and	15212
meaningful employment of persons with ~~mental retardation or a~~	15213
developmental ~~disability~~disabilities;	15214

(D) To maximize the assimilation of persons with ~~mental~~	15215
~~retardation or a~~ developmental ~~disability~~disabilities into the	15216
ordinary life of the communities in which they live;	15217

(E) To promote opportunities for persons with ~~mental~~	15218
~~retardation or a~~ developmental ~~disability~~disabilities to live in	15219
surroundings or circumstances that are typical for other community	15220
members;	15221

(F) To promote the right of persons with ~~mental retardation~~	15222
~~or a~~ developmental ~~disability~~disabilities to speak and be heard	15223
about the desired direction of their lives and to use available	15224
resources in ways that further that direction.	15225

Sec. 5123.69. (A) Except as provided in division (D) of this	15226
section, any person who is eighteen years of age or older and who	15227
is or believes self to be ~~mentally retarded~~a person with a	15228
developmental disability that is an intellectual disability may	15229
make written application to the managing officer of any	15230
institution for voluntary admission. Except as provided in	15231
division (D) of this section, the application may be made on	15232
behalf of a minor by a parent or guardian, and on behalf of an	15233
adult adjudicated mentally incompetent by a guardian.	15234

(B) The managing officer of an institution, with the	15235
concurrence of the chief program director, may admit a person	15236
applying pursuant to this section only after a comprehensive	15237
evaluation has been made of the person and only if the	15238
comprehensive evaluation concludes that the person ~~is mentally~~	15239
~~retarded~~has a developmental disability that is an intellectual	15240
disability and would benefit significantly from admission.	15241

(C) The managing officer shall discharge any voluntary	15242
resident if, in the judgment of the chief program director, the	15243
results of a comprehensive examination indicate that	15244
institutionalization no longer is advisable. In light of the	15245
results of the comprehensive evaluation, the managing officer also	15246
may discharge any voluntary resident if, in the judgment of the	15247
chief program director, the discharge would contribute to the most	15248
effective use of the institution in the habilitation and care of	15249
~~the mentally retarded~~persons with developmental disabilities that	15250
are intellectual disabilities.	15251

(D) A person who is found incompetent to stand trial or not	15252
guilty by reason of insanity and who is committed pursuant to	15253
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	15254
Code shall not voluntarily commit self pursuant to this section	15255
until after the final termination of the commitment, as described	15256
in division (J) of section 2945.401 of the Revised Code.	15257

Sec. 5123.701. (A) Except as provided in division (D) of	15258
this section, any person in the community who is eighteen years of	15259
age or older and who is or believes self to be ~~mentally retarded~~a	15260
person with a developmental disability that is an intellectual	15261
disability may make written application to the managing officer of	15262
any institution for temporary admission for short-term care. The	15263
application may be made on behalf of a minor by a parent or	15264
guardian, and on behalf of an adult adjudicated mentally	15265
incompetent by a guardian.	15266

(B) For purposes of this section, short-term care shall be	15267
defined to mean appropriate services provided to a person with	15268
~~mental retardation~~a developmental disability that is an	15269
intellectual disability for no more than fourteen consecutive days	15270
and for no more than forty-two days in a fiscal year. When	15271
circumstances warrant, the fourteen-day period may be extended at	15272
the discretion of the managing officer. Short-term care is	15273
provided in a developmental center to meet the family's or	15274
caretaker's needs for separation from the person with ~~mental~~	15275
~~retardation~~a developmental disability that is an intellectual	15276
disability.	15277

(C) The managing officer of an institution, with the	15278
concurrence of the chief program director, may admit a person for	15279
short-term care only after a medical examination has been made of	15280
the person and only if the managing officer concludes that the	15281
person ~~is mentally retarded~~has a developmental disability that is	15282
an intellectual disability.	15283

(D) A person who is found not guilty by reason of insanity	15284
shall not admit self to an institution for short-term care unless	15285
a hearing was held regarding the person pursuant to division (A)	15286
of section 2945.40 of the Revised Code and either of the following	15287
applies:	15288

(1) The person was found at the hearing not to be a ~~mentally~~	15289
~~retarded~~ person with an intellectual disability subject to	15290
institutionalization by court order;	15291

(2) The person was found at the hearing to be a ~~mentally~~	15292
~~retarded~~ person with an intellectual disability subject to	15293
institutionalization by court order, was involuntarily committed,	15294
and was finally discharged.	15295

(E) The ~~mentally retarded~~ person with a developmental	15296
disability that is an intellectual disability, liable relatives,	15297
and guardians of ~~mentally retarded~~ persons with developmental	15298
disabilities that are intellectual disabilities admitted for	15299
respite care shall pay support charges in accordance with sections	15300
5121.01 to 5121.21 of the Revised Code.	15301

(F) At the conclusion of each period of short-term care, the	15302
person shall return to the person's family or caretaker. Under no	15303
circumstances shall a person admitted for short-term care	15304
according to this section remain in the institution after the	15305
period of short-term care unless the person is admitted according	15306
to section 5123.70, sections 5123.71 to 5123.76, or section	15307
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	15308
Code.	15309

Sec. 5123.71. (A)(1) Proceedings for the involuntary	15310
institutionalization of a person pursuant to sections 5123.71 to	15311
5123.76 of the Revised Code shall be commenced by the filing of an	15312
affidavit with the probate division of the court of common pleas	15313
of the county where the person resides or where the person is	15314
institutionalized, in the manner and form prescribed by the	15315
department of developmental disabilities either on information or	15316
actual knowledge, whichever is determined to be proper by the	15317
court. The affidavit may be filed only by a person who has custody	15318
of the individual as a parent, guardian, or service provider or by	15319
a person acting on behalf of the department or a county board of	15320
developmental disabilities. This section does not apply regarding	15321
the institutionalization of a person pursuant to section 2945.39,	15322
2945.40, 2945.401, or 2945.402 of the Revised Code.	15323

The affidavit shall contain an allegation setting forth the	15324
specific category or categories under division (O) of section	15325
5123.01 of the Revised Code upon which the commencement of	15326
proceedings is based and a statement of the factual ground for the	15327
belief that the person is a ~~mentally retarded~~ person with an	15328
intellectual disability subject to institutionalization by court	15329
order. Except as provided in division (A)(2) of this section, the	15330
affidavit shall be accompanied by both of the following:	15331

(a) A comprehensive evaluation report prepared by the	15332
person's evaluation team that includes a statement by the members	15333
of the team certifying that they have performed a comprehensive	15334
evaluation of the person and that they are of the opinion that the	15335
person is a ~~mentally retarded~~ person with an intellectual	15336
disability subject to institutionalization by court order;	15337

(b) An assessment report prepared by the county board of	15338
developmental disabilities under section 5123.711 of the Revised	15339
Code specifying that the individual is in need of services on an	15340
emergency or priority basis.	15341

(2) In lieu of the comprehensive evaluation report, the	15342
affidavit may be accompanied by a written and sworn statement that	15343
the person or the guardian of a person adjudicated incompetent has	15344
refused to allow a comprehensive evaluation and county board	15345
assessment and assessment reports. Immediately after accepting an	15346
affidavit that is not accompanied by the reports of a	15347
comprehensive evaluation and county board assessment, the court	15348
shall cause a comprehensive evaluation and county board assessment	15349
of the person named in the affidavit to be performed. The	15350
evaluation shall be conducted in the least restrictive environment	15351
possible and the assessment shall be conducted in the same manner	15352
as assessments conducted under section 5123.711 of the Revised	15353
Code. The evaluation and assessment must be completed before a	15354
probable cause hearing or full hearing may be held under section	15355
5123.75 or 5123.76 of the Revised Code.	15356

A written report of the evaluation team's findings and the	15357
county board's assessment shall be filed with the court. The	15358
reports shall, consistent with the rules of evidence, be accepted	15359
as probative evidence in any proceeding under section 5123.75 or	15360
5123.76 of the Revised Code. If the counsel for the person who is	15361
evaluated or assessed is known, the court shall send to the	15362
counsel a copy of the reports as soon as possible after they are	15363
filed and prior to any proceedings under section 5123.75 or	15364
5123.76 of the Revised Code.	15365

(B) Any person who is involuntarily detained in an	15366
institution or otherwise is in custody under this chapter shall be	15367
informed of the right to do the following:	15368

(1) Immediately make a reasonable number of telephone calls	15369
or use other reasonable means to contact an attorney, a physician,	15370
or both, to contact any other person or persons to secure	15371
representation by counsel, or to obtain medical assistance, and be	15372
provided assistance in making calls if the assistance is needed	15373
and requested;	15374

(2) Retain counsel and have independent expert evaluation	15375
and, if the person is an indigent person, be represented by	15376
court-appointed counsel and have independent expert evaluation at	15377
court expense;	15378

(3) Upon request, have a hearing to determine whether there	15379
is probable cause to believe that the person is a ~~mentally~~	15380
~~retarded~~ person with an intellectual disability subject to	15381
institutionalization by court order.	15382

(C) No person who is being treated by spiritual means through	15383
prayer alone in accordance with a recognized religious method of	15384
healing may be ordered detained or involuntarily committed unless	15385
the court has determined that the person represents a very	15386
substantial risk of self-impairment, self-injury, or impairment or	15387
injury to others.	15388

Sec. 5123.74. (A) On receipt of an affidavit under section	15389
5123.71 of the Revised Code, the probate division of the court of	15390
common pleas may, if it has probable cause to believe that the	15391
person named in the affidavit is a ~~mentally retarded~~ person with	15392
an intellectual disability subject to institutionalization by	15393
court order and that emergency institutionalization is required,	15394
do any of the following:	15395

(1) Issue a temporary order of detention ordering any health	15396
or police officer or sheriff to take into custody and transport	15397
such person to an institution or other place as designated in	15398
section 5123.77 of the Revised Code;	15399

(2) Order the county board of developmental disabilities to	15400
provide services to the individual in the community if the board's	15401
assessment of the individual conducted under section 5123.711 of	15402
the Revised Code identifies that resources are available to meet	15403
the individual's needs in an appropriate manner within the	15404
community as an alternative to institutionalization;	15405

(3) Set the matter for further hearing.

15406

(B) A managing officer of a nonpublic institution may, and	15407
the managing officer of a public institution shall, receive for	15408
observation, diagnosis, habilitation, and care any person whose	15409
admission is ordered pursuant to division (A)(1) of this section.	15410

The alternatives to institutionalization that may be ordered	15411
under division (A)(2) of this section are limited to those that	15412
are necessary to remediate the emergency condition; necessary for	15413
the person's health, safety or welfare; and necessary for the	15414
protection of society, if applicable.	15415

(C) A person detained under this section may be observed and	15416
habilitated until the probable cause hearing provided for in	15417
section 5123.75 of the Revised Code. If no probable cause hearing	15418
is requested or held, the person may be evaluated and shall be	15419
provided with habilitative services until the full hearing is held	15420
pursuant to section 5123.76 of the Revised Code.	15421

Sec. 5123.75. A respondent who is involuntarily placed in an	15422
institution or other place as designated in section 5123.77 of the	15423
Revised Code or with respect to whom proceedings have been	15424
instituted under section 5123.71 of the Revised Code shall, on	15425
request of the respondent, the respondent's guardian, or the	15426
respondent's counsel, or upon the court's own motion, be afforded	15427
a hearing to determine whether there is probable cause to believe	15428
that the respondent is a ~~mentally retarded~~ person with an	15429
intellectual disability subject to institutionalization by court	15430
order.	15431

(A) The probable cause hearing shall be conducted within two	15432
court days from the day on which the request is made. Failure to	15433
conduct the probable cause hearing within this time shall effect	15434
an immediate discharge of the respondent. If the proceedings are	15435
not reinstituted within thirty days, records of the proceedings	15436
shall be expunged.	15437

(B) The respondent shall be informed that the respondent may	15438
retain counsel and have independent expert evaluation and, if the	15439
respondent is an indigent person, be represented by court	15440
appointed counsel and have independent expert evaluation at court	15441
expense.	15442

(C) The probable cause hearing shall be conducted in a manner	15443
consistent with the procedures set forth in division (A) of	15444
section 5123.76 of the Revised Code, except divisions (A)(10) and	15445
(14) of that section, and the designee of the director of	15446
developmental disabilities under section 5123.72 of the Revised	15447
Code shall present evidence for the state.	15448

(D) If the court does not find probable cause to believe that	15449
the respondent is a ~~mentally retarded~~ person with an intellectual	15450
disability subject to institutionalization by court order, it	15451
shall order immediate release of the respondent and dismiss and	15452
expunge all record of the proceedings under this chapter.	15453

(E) On motion of the respondent or the respondent's counsel	15454
and for good cause shown, the court may order a continuance of the	15455
hearing.	15456

(F) If the court finds probable cause to believe that the	15457
respondent is a ~~mentally retarded~~ person with an intellectual	15458
disability subject to institutionalization by court order, the	15459
court may issue an interim order of placement and, where	15460
proceedings under section 5123.71 of the Revised Code have been	15461
instituted, shall order a full hearing as provided in section	15462
5123.76 of the Revised Code to be held on the question of whether	15463
the respondent is a ~~mentally retarded~~ person with an intellectual	15464
disability subject to institutionalization by court order. Unless	15465
specifically waived by the respondent or the respondent's counsel,	15466
the court shall schedule said hearing to be held as soon as	15467
possible within ten days from the probable cause hearing. A waiver	15468
of such full hearing at this point shall not preclude the	15469
respondent from asserting the respondent's right to such hearing	15470
under section 5123.76 of the Revised Code at any time prior to the	15471
mandatory hearing provided in division (H) of section 5123.76 of	15472
the Revised Code. In any case, if the respondent has waived the	15473
right to the full hearing, a mandatory hearing shall be held under	15474
division (H) of section 5123.76 of the Revised Code between the	15475
ninetieth and the one hundredth day after the original involuntary	15476
detention of the person unless the respondent has been discharged.	15477

(G) Whenever possible, the probable cause hearing shall be	15478
held before the respondent is taken into custody.	15479

Sec. 5123.76. (A) The full hearing shall be conducted in a	15480
manner consistent with the procedures outlined in this chapter and	15481
with due process of law. The hearing shall be held by a judge of	15482
the probate division or, upon transfer by the judge of the probate	15483
division, by another judge of the court of common pleas, or a	15484
referee designated by the judge of the probate division. Any	15485
referee designated by the judge of the probate division must be an	15486
attorney.	15487

(1) The following shall be made available to counsel for the	15488
respondent:	15489

(a) All relevant documents, information, and evidence in the	15490
custody or control of the state or prosecutor;	15491

(b) All relevant documents, information, and evidence in the	15492
custody or control of the institution, facility, or program in	15493
which the respondent currently is held or in which the respondent	15494
has been held pursuant to these proceedings;	15495

(c) With the consent of the respondent, all relevant	15496
documents, information, and evidence in the custody or control of	15497
any institution or person other than the state.	15498

(2) The respondent has the right to be represented by counsel	15499
of the respondent's choice and has the right to attend the hearing	15500
except if unusual circumstances of compelling medical necessity	15501
exist that render the respondent unable to attend and the	15502
respondent has not expressed a desire to attend.	15503

(3) If the respondent is not represented by counsel and the	15504
court determines that the conditions specified in division (A)(2)	15505
of this section justify the respondent's absence and the right to	15506
counsel has not been validly waived, the court shall appoint	15507
counsel forthwith to represent the respondent at the hearing,	15508
reserving the right to tax costs of appointed counsel to the	15509
respondent unless it is shown that the respondent is indigent. If	15510
the court appoints counsel, or if the court determines that the	15511
evidence relevant to the respondent's absence does not justify the	15512
absence, the court shall continue the case.	15513

(4) The respondent shall be informed of the right to retain	15514
counsel, to have independent expert evaluation, and, if an	15515
indigent person, to be represented by court appointed counsel and	15516
have expert independent evaluation at court expense.	15517

(5) The hearing may be closed to the public unless counsel	15518
for the respondent requests that the hearing be open to the	15519
public.	15520

(6) Unless objected to by the respondent, the respondent's	15521
counsel, or the designee of the director of developmental	15522
disabilities under section 5123.72 of the Revised Code, the court,	15523
for good cause shown, may admit persons having a legitimate	15524
interest in the proceedings.	15525

(7) The affiant under section 5123.71 of the Revised Code	15526
shall be subject to subpoena by either party.	15527

(8) The court shall examine the sufficiency of all documents	15528
filed and shall inform the respondent, if present, and the	15529
respondent's counsel of the nature of the content of the documents	15530
and the reason for which the respondent is being held or for which	15531
the respondent's placement is being sought.	15532

(9) The court shall receive only relevant, competent, and	15533
material evidence.	15534

(10) In accordance with section 5123.72 of the Revised Code,	15535
the designee of the director shall present the evidence for the	15536
state. In proceedings under this chapter, the attorney general	15537
shall present the comprehensive evaluation, assessment, diagnosis,	15538
prognosis, record of habilitation and care, if any, and less	15539
restrictive habilitation plans, if any. The attorney general does	15540
not have a similar presentation responsibility in connection with	15541
a person who has been found not guilty by reason of insanity and	15542
who is the subject of a hearing under section 2945.40 of the	15543
Revised Code to determine whether the person is a ~~mentally~~	15544
~~retarded~~ person with an intellectual disability subject to	15545
institutionalization by court order.	15546

(11) The respondent has the right to testify and the	15547
respondent or the respondent's counsel has the right to subpoena	15548
witnesses and documents and to present and cross-examine	15549
witnesses.	15550

(12) The respondent shall not be compelled to testify and	15551
shall be so advised by the court.	15552

(13) On motion of the respondent or the respondent's counsel	15553
for good cause shown, or upon the court's own motion, the court	15554
may order a continuance of the hearing.	15555

(14) To an extent not inconsistent with this chapter, the	15556
Rules of Civil Procedure shall be applicable.	15557

(B) Unless, upon completion of the hearing, the court finds	15558
by clear and convincing evidence that the respondent named in the	15559
affidavit is a ~~mentally retarded~~ person with an intellectual	15560
disability subject to institutionalization by court order, it	15561
shall order the respondent's discharge forthwith.	15562

(C) If, upon completion of the hearing, the court finds by	15563
clear and convincing evidence that the respondent is a ~~mentally~~	15564
~~retarded~~ person with an intellectual disability subject to	15565
institutionalization by court order, the court may order the	15566
respondent's discharge or order the respondent, for a period not	15567
to exceed ninety days, to any of the following:	15568

(1) A public institution, provided that commitment of the	15569
respondent to the institution will not cause the institution to	15570
exceed its licensed capacity determined in accordance with section	15571
5123.19 of the Revised Code and provided that such a placement is	15572
indicated by the comprehensive evaluation report filed pursuant to	15573
section 5123.71 of the Revised Code;	15574

(2) A private institution;

15575

(3) A county ~~mental retardation~~ program for persons with	15576
developmental disabilities that are intellectual disabilities;	15577

(4) Receive private habilitation and care;

15578

(5) Any other suitable facility, program, or the care of any	15579
person consistent with the comprehensive evaluation, assessment,	15580
diagnosis, prognosis, and habilitation needs of the respondent.	15581

(D) Any order made pursuant to division (C)(2), (4), or (5)	15582
of this section shall be conditional upon the receipt by the court	15583
of consent by the facility, program, or person to accept the	15584
respondent.	15585

(E) In determining the place to which, or the person with	15586
whom, the respondent is to be committed, the court shall consider	15587
the comprehensive evaluation, assessment, diagnosis, and projected	15588
habilitation plan for the respondent, and shall order the	15589
implementation of the least restrictive alternative available and	15590
consistent with habilitation goals.	15591

(F) If, at any time it is determined by the director of the	15592
facility or program to which, or the person to whom, the	15593
respondent is committed that the respondent could be equally well	15594
habilitated in a less restrictive environment that is available,	15595
the following shall occur:	15596

(1) The respondent shall be released by the director of the	15597
facility or program or by the person forthwith and referred to the	15598
court together with a report of the findings and recommendations	15599
of the facility, program, or person.	15600

(2) The director of the facility or program or the person	15601
shall notify the respondent's counsel and the designee of the	15602
director of developmental disabilities.	15603

(3) The court shall dismiss the case or order placement in	15604
the less restrictive environment.	15605

(G)(1) Except as provided in divisions (G)(2) and (3) of this	15606
section, any person who has been committed under this section may	15607
apply at any time during the ninety-day period for voluntary	15608
admission to an institution under section 5123.69 of the Revised	15609
Code. Upon admission of a voluntary resident, the managing officer	15610
immediately shall notify the court, the respondent's counsel, and	15611
the designee of the director in writing of that fact by mail or	15612
otherwise, and, upon receipt of the notice, the court shall	15613
dismiss the case.	15614

(2) A person who is found incompetent to stand trial or not	15615
guilty by reason of insanity and who is committed pursuant to	15616
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	15617
Code shall not be voluntarily admitted to an institution pursuant	15618
to division (G)(1) of this section until after the termination of	15619
the commitment, as described in division (J) of section 2945.401	15620
of the Revised Code.	15621

(H) If, at the end of any commitment period, the respondent	15622
has not already been discharged or has not requested voluntary	15623
admission status, the director of the facility or program, or the	15624
person to whose care the respondent has been committed, shall	15625
discharge the respondent forthwith, unless at least ten days	15626
before the expiration of that period the designee of the director	15627
of developmental disabilities or the prosecutor files an	15628
application with the court requesting continued commitment.	15629

(1) An application for continued commitment shall include a	15630
written report containing a current comprehensive evaluation and	15631
assessment, a diagnosis, a prognosis, an account of progress and	15632
past habilitation, and a description of alternative habilitation	15633
settings and plans, including a habilitation setting that is the	15634
least restrictive setting consistent with the need for	15635
habilitation. A copy of the application shall be provided to	15636
respondent's counsel. The requirements for notice under section	15637
5123.73 of the Revised Code and the provisions of divisions (A) to	15638
(E) of this section apply to all hearings on such applications.	15639

(2) A hearing on the first application for continued	15640
commitment shall be held at the expiration of the first ninety-day	15641
period. The hearing shall be mandatory and may not be waived.	15642

(3) Subsequent periods of commitment not to exceed one	15643
hundred eighty days each may be ordered by the court if the	15644
designee of the director of developmental disabilities files an	15645
application for continued commitment, after a hearing is held on	15646
the application or without a hearing if no hearing is requested	15647
and no hearing required under division (H)(4) of this section is	15648
waived. Upon the application of a person involuntarily committed	15649
under this section, supported by an affidavit of a licensed	15650
physician alleging that the person is no longer a ~~mentally~~	15651
~~retarded~~ person with an intellectual disability subject to	15652
institutionalization by court order, the court for good cause	15653
shown may hold a full hearing on the person's continued commitment	15654
prior to the expiration of any subsequent period of commitment set	15655
by the court.	15656

(4) A mandatory hearing shall be held at least every two	15657
years after the initial commitment.	15658

(5) If the court, after a hearing upon a request to continue	15659
commitment, finds that the respondent is a ~~mentally retarded~~	15660
person with an intellectual disability subject to	15661
institutionalization by court order, the court may make an order	15662
pursuant to divisions (C), (D), and (E) of this section.	15663

(I) Notwithstanding the provisions of division (H) of this	15664
section, no person who is found to be a ~~mentally retarded~~ person	15665
with an intellectual disability subject to institutionalization by	15666
court order pursuant to division (O)(2) of section 5123.01 of the	15667
Revised Code shall be held under involuntary commitment for more	15668
than five years.	15669

(J) The managing officer admitting a person pursuant to a	15670
judicial proceeding, within ten working days of the admission,	15671
shall make a report of the admission to the department.	15672

Sec. 5123.79. (A) Notwithstanding a finding pursuant to	15673
section 5123.76 of the Revised Code that a person is a ~~mentally~~	15674
~~retarded~~ person with an intellectual disability subject to	15675
institutionalization by court order, the managing officer of an	15676
institution, with the concurrence of the chief program director,	15677
shall, except as provided in division (C) of this section, grant a	15678
discharge without the consent or the authorization of any court	15679
upon a determination that institutionalization no longer is	15680
appropriate. Upon the discharge, the managing officer of the	15681
institution shall notify the probate division of the court of	15682
common pleas that made the involuntary commitment.	15683

(B) Upon the request of the director of a private	15684
institution, program, facility, or person having custody of a	15685
resident institutionalized pursuant to section 5123.76 of the	15686
Revised Code, or on the order of the probate division of the court	15687
of common pleas, the resident may be called for a rehearing to	15688
determine the advisability of continued institutionalization at a	15689
place within the county of resident's residence or the county	15690
where the resident is institutionalized as the probate division	15691
designates. The hearing shall be held pursuant to section 5123.76	15692
of the Revised Code.	15693

Sec. 5123.80. (A) When the chief program director of an	15694
institution for ~~the mentally retarded~~persons with developmental	15695
disabilities that are intellectual disabilities considers that it	15696
is in the best interest of a resident, the managing officer may	15697
permit the resident to leave the institution on a trial visit. The	15698
trial visit shall be for the period of time the managing officer	15699
determines.	15700

(B) The managing officer, upon releasing a resident on trial	15701
visit, may impose such requirements and conditions upon the	15702
resident while the resident is absent from the institution as are	15703
consistent with the habilitation plan.	15704

(C) The managing officer of the institution from which an	15705
involuntary resident is given trial visit status may at any time	15706
revoke the trial visit if there is reason to believe that it is in	15707
the best interests of the resident to be returned to the	15708
institution.	15709

(D) If the revocation is not voluntarily complied with the	15710
managing officer, within five days, shall authorize any health or	15711
police officer, or sheriff to take the resident into custody and	15712
transport the resident to the institution.	15713

(E) An involuntarily committed resident who has successfully	15714
completed one year of continuous trial visit shall be	15715
automatically discharged.	15716

Sec. 5123.81. When an involuntarily committed resident of an	15717
institution for ~~the mentally retarded~~persons with developmental	15718
disabilities that are intellectual disabilities is absent without	15719
leave, an order shall be issued within five days after the	15720
resident's absence requiring the resident to be taken into custody	15721
by any health or police officer, or sheriff and transported to the	15722
institution from which the resident is absent. The order may be	15723
issued by the director of developmental disabilities, the managing	15724
officer of the institution from which the resident is absent, or	15725
the probate judge of the county from which the resident was	15726
ordered institutionalized or in which he is found. The officer who	15727
takes the resident into custody shall immediately notify the	15728
issuer of the order.	15729

Sec. 5123.82. (A) Any person who has been institutionalized	15730
under this chapter may, at any time after discharge from such	15731
institution, make application to the managing officer of any	15732
public institution for habilitation and care if such person feels	15733
the person is in need of such services. If the chief program	15734
director determines the applicant to be in need of such services,	15735
the managing officer may provide such services as are required by	15736
the applicant.	15737

(B) Any person may apply to the managing officer of any	15738
public institution for habilitation and care if such person feels	15739
the person is in need of such services. If the person's condition	15740
warrants, the ~~person's~~person may be enrolled as an outpatient	15741
and, during such enrollment, the person may receive services	15742
subject to Chapter 5121. of the Revised Code.	15743

(C) The application prescribed in division (A) or (B) of this	15744
section may also be made on behalf of a minor by a parent,	15745
guardian, or custodian of a minor, and on behalf of an adult	15746
adjudicated incompetent by the guardian or custodian of the adult.	15747

(D) The managing officer of the public institution may refer	15748
any discharged resident who makes an application under this	15749
section to the director of any community ~~mental retardation~~	15750
program for persons with developmental disabilities that are	15751
intellectual disabilities serving the county in which such	15752
resident resides, or to such other facility as the director of	15753
developmental disabilities may designate. Upon notice of such	15754
referral, the director of such program may provide the services	15755
required by the applicant.	15756

Sec. 5123.83. No person shall be deprived of any civil	15757
right, or public or private employment, solely by reason of ~~his~~	15758
the person's having received services, voluntarily or	15759
involuntarily, for ~~mental retardation or~~ a developmental	15760
disability. Any person in custody, voluntarily or involuntarily,	15761
under the provisions of this chapter, retains all rights not	15762
specifically denied ~~him~~the person under this or any other chapter	15763
of the Revised Code.	15764

Sec. 5123.84. All residents of institutions for ~~the mentally~~	15765
~~retarded~~persons with developmental disabilities that are	15766
intellectual disabilities shall be allowed to communicate freely	15767
with others, including but not restricted to the following:	15768

(A) Receiving visitors at reasonable times;

15769

(B) Being visited by counsel or personal physician, or both,	15770
at any reasonable time;	15771

(C) Having reasonable access to telephones to make and	15772
receive confidential calls, including a reasonable number of free	15773
calls if unable to pay for them and assistance in calling if	15774
requested and needed;	15775

(D) Having ready access to letter writing materials and	15776
stamps, including a reasonable number without cost if the resident	15777
is unable to pay for them, to mailing and receiving unopened	15778
correspondence, and to receiving assistance in writing if	15779
requested and needed.	15780

Sec. 5123.85. (A) All residents institutionalized pursuant	15781
to this chapter shall receive, within thirty days of their	15782
admission, a comprehensive evaluation, a diagnosis, a prognosis,	15783
and a description of habilitation goals consistent therewith.	15784

(B) All such residents shall have a written habilitation plan	15785
consistent with the comprehensive evaluation, diagnosis,	15786
prognosis, and goals which shall be provided, upon request of	15787
resident or resident's counsel, to resident's counsel and to any	15788
private physician designated by the resident or the resident's	15789
counsel.	15790

(C) All such residents shall receive habilitation and care	15791
consistent with the habilitation plan. The department of	15792
developmental disabilities shall set standards for habilitation	15793
and care provided to such residents, consistent wherever possible	15794
with standards set by the joint commission on accreditation of	15795
facilities for ~~the mentally retarded~~persons with developmental	15796
disabilities that are intellectual disabilities.	15797

(D) All such residents shall receive periodic comprehensive	15798
re-evaluations of the habilitation plan by the professional staff	15799
of the institution at intervals not to exceed ninety days.	15800

(E) All such residents shall be provided with prompt and	15801
adequate medical treatment for any physical or mental disease or	15802
injury.	15803

Sec. 5123.86. (A) Except as provided in divisions (C), (D),	15804
(E), and (F) of this section, the chief medical officer shall	15805
provide all information, including expected physical and medical	15806
consequences, necessary to enable any resident of an institution	15807
for ~~the mentally retarded~~persons with developmental disabilities	15808
that are intellectual disabilities to give a fully informed,	15809
intelligent, and knowing consent if any of the following	15810
procedures are proposed:	15811

(1) Surgery;

15812

(2) Convulsive therapy;

15813

(3) Major aversive interventions;

15814

(4) Sterilization;

15815

(5) Experimental procedures;

15816

(6) Any unusual or hazardous treatment procedures.

15817

(B) No resident shall be subjected to any of the procedures	15818
listed in division (A)(4), (5), or (6) of this section without the	15819
resident's informed consent.	15820

(C) If a resident is physically or mentally unable to receive	15821
the information required for surgery under division (A)(1) of this	15822
section, or has been adjudicated incompetent, the information may	15823
be provided to the resident's natural or court-appointed guardian,	15824
including an agency providing guardianship services under contract	15825
with the department of developmental disabilities under sections	15826
5123.55 to 5123.59 of the Revised Code, who may give the informed,	15827
intelligent, and knowing written consent for surgery. Consent for	15828
surgery shall not be provided by a guardian who is an officer or	15829
employee of the department of mental health and addiction services	15830
or the department of developmental disabilities.	15831

If a resident is physically or mentally unable to receive the	15832
information required for surgery under division (A)(1) of this	15833
section and has no guardian, then the information, the	15834
recommendation of the chief medical officer, and the concurring	15835
judgment of a licensed physician who is not a full-time employee	15836
of the state may be provided to the court in the county in which	15837
the institution is located, which may approve the surgery. Before	15838
approving the surgery, the court shall notify the Ohio protection	15839
and advocacy system created by section 5123.60 of the Revised	15840
Code, and shall notify the resident of the resident's rights to	15841
consult with counsel, to have counsel appointed by the court if	15842
the resident is indigent, and to contest the recommendation of the	15843
chief medical officer.	15844

(D) If, in the judgment of two licensed physicians, delay in	15845
obtaining consent for surgery would create a grave danger to the	15846
health of a resident, emergency surgery may be performed without	15847
the consent of the resident if the necessary information is	15848
provided to the resident's guardian, including an agency providing	15849
guardianship services under contract with the department of	15850
developmental disabilities under sections 5123.55 to 5123.59 of	15851
the Revised Code, or to the resident's spouse or next of kin to	15852
enable that person or agency to give an informed, intelligent, and	15853
knowing written consent.	15854

If the guardian, spouse, or next of kin cannot be contacted	15855
through exercise of reasonable diligence, or if the guardian,	15856
spouse, or next of kin is contacted, but refuses to consent, then	15857
the emergency surgery may be performed upon the written	15858
authorization of the chief medical officer and after court	15859
approval has been obtained. However, if delay in obtaining court	15860
approval would create a grave danger to the life of the resident,	15861
the chief medical officer may authorize surgery, in writing,	15862
without court approval. If the surgery is authorized without court	15863
approval, the chief medical officer who made the authorization and	15864
the physician who performed the surgery shall each execute an	15865
affidavit describing the circumstances constituting the emergency	15866
and warranting the surgery and the circumstances warranting their	15867
not obtaining prior court approval. The affidavit shall be filed	15868
with the court with which the request for prior approval would	15869
have been filed within five court days after the surgery, and a	15870
copy of the affidavit shall be placed in the resident's file and	15871
shall be given to the guardian, spouse, or next of kin of the	15872
resident, to the hospital at which the surgery was performed, and	15873
to the Ohio protection and advocacy system created by section	15874
5123.60 of the Revised Code.	15875

(E)(1) If it is the judgment of two licensed physicians, as	15876
described in division (E)(2) of this section, that a medical	15877
emergency exists and delay in obtaining convulsive therapy creates	15878
a grave danger to the life of a resident who is both ~~mentally~~	15879
~~retarded~~a person with a developmental disability that is an	15880
intellectual disability and a mentally ill person, convulsive	15881
therapy may be administered without the consent of the resident if	15882
the resident is physically or mentally unable to receive the	15883
information required for convulsive therapy and if the necessary	15884
information is provided to the resident's natural or	15885
court-appointed guardian, including an agency providing	15886
guardianship services under contract with the department of	15887
developmental disabilities under sections 5123.55 to 5123.59 of	15888
the Revised Code, or to the resident's spouse or next of kin to	15889
enable that person or agency to give an informed, intelligent, and	15890
knowing written consent. If neither the resident's guardian,	15891
spouse, nor next of kin can be contacted through exercise of	15892
reasonable diligence, or if the guardian, spouse, or next of kin	15893
is contacted, but refuses to consent, then convulsive therapy may	15894
be performed upon the written authorization of the chief medical	15895
officer and after court approval has been obtained.	15896

(2) The two licensed physicians referred to in division	15897
(E)(1) of this section shall not be associated with each other in	15898
the practice of medicine or surgery by means of a partnership or	15899
corporate arrangement, other business arrangement, or employment.	15900
At least one of the physicians shall be a psychiatrist as defined	15901
in division (E) of section 5122.01 of the Revised Code.	15902

(F) Major aversive interventions shall not be used unless a	15903
resident continues to engage in behavior destructive to self or	15904
others after other forms of therapy have been attempted. Major	15905
aversive interventions shall not be applied to a voluntary	15906
resident without the informed, intelligent, and knowing written	15907
consent of the resident or the resident's guardian, including an	15908
agency providing guardianship services under contract with the	15909
department of developmental disabilities under sections 5123.55 to	15910
5123.59 of the Revised Code.	15911

(G)(1) This chapter does not authorize any form of compulsory	15912
medical or psychiatric treatment of any resident who is being	15913
treated by spiritual means through prayer alone in accordance with	15914
a recognized religious method of healing.	15915

(2) For purposes of this section, "convulsive therapy" does	15916
not include defibrillation.	15917

Sec. 5123.87. (A) No resident of an institution for ~~the~~	15918
~~mentally retarded~~persons with developmental disabilities that are	15919
intellectual disabilities shall be compelled to perform labor	15920
which involves the operation, support, or maintenance of the	15921
institution or for which the institution is under contract with an	15922
outside organization. Privileges or release from the institution	15923
shall not be conditional upon the performance of such labor.	15924
Residents who volunteer to perform such labor shall be compensated	15925
at a rate derived from the value of the work performed, having	15926
reference to the prevailing wage rate for comparable work or wage	15927
rates established under section 4111.06 of the Revised Code.	15928

(B) A resident may be required to perform habilitative tasks	15929
which do not involve the operation, support, or maintenance of the	15930
institution if those tasks are an integrated part of the	15931
resident's habilitation plan and supervised by ~~a mental~~	15932
~~retardation~~an intellectual disability professional designated by	15933
the chief program director.	15934

(C) A resident may be required to perform tasks of a personal	15935
housekeeping nature.	15936

Sec. 5123.88. Any person detained pursuant to this chapter	15937
shall be entitled to the writ of habeas corpus upon proper	15938
petition by ~~himself~~self or a friend to any court generally	15939
empowered to issue the writ of habeas corpus in the county in	15940
which the person is detained.	15941

No person may bring a petition for a writ of habeas corpus	15942
that alleges that a person involuntarily detained pursuant to this	15943
chapter is no longer ~~mentally retarded~~a person with an	15944
intellectual disability subject to institutionalization by court	15945
order unless the person shows that the release procedures of	15946
division (H) of section 5123.76 of the Revised Code are inadequate	15947
or unavailable.	15948

Sec. 5123.89. (A) As used in this section:

15949

(1) "Family" means a parent, brother, sister, spouse, son,	15950
daughter, grandparent, aunt, uncle, or cousin.	15951

(2) "Payment" means activities undertaken by a service	15952
provider or government entity to obtain or provide reimbursement	15953
for services provided to a person.	15954

(3) "Treatment" means the provision of services to a person,	15955
including the coordination or management of services provided to	15956
the person.	15957

(B) All certificates, applications, records, and reports made	15958
for the purpose of this chapter, other than court journal entries	15959
or court docket entries, which directly or indirectly identify a	15960
resident or former resident of an institution for ~~the mentally~~	15961
~~retarded~~persons with developmental disabilities that are	15962
intellectual disabilities or person whose institutionalization has	15963
been sought under this chapter shall be kept confidential and	15964
shall not be disclosed by any person except in the following	15965
situations:	15966

(1) It is the judgment of the court for judicial records, and	15967
the managing officer for institution records, that disclosure is	15968
in the best interest of the person identified, and that person or	15969
that person's guardian or, if that person is a minor, that	15970
person's parent or guardian consents.	15971

(2) Disclosure is provided for in other sections of this	15972
chapter.	15973

(3) It is the judgment of the managing officer for	15974
institution records that disclosure to a mental health facility is	15975
in the best interest of the person identified.	15976

(4) Disclosure is of a record deposited with the Ohio	15977
historical society pursuant to division (C) of section 5123.31 of	15978
the Revised Code and the disclosure is made to the closest living	15979
relative of the person identified, on the relative's request.	15980

(5) Disclosure is needed for the treatment of a person who is	15981
a resident or former resident of an institution for ~~the mentally~~	15982
~~retarded~~persons with developmental disabilities that are	15983
intellectual disabilities or a person whose institutionalization	15984
has been sought under this chapter or is needed for the payment of	15985
services provided to the person.	15986

(C) The department of developmental disabilities shall adopt	15987
rules with respect to the systematic and periodic destruction of	15988
residents' records.	15989

(D) Upon the death of a resident or former resident of an	15990
institution for ~~the mentally retarded~~persons with developmental	15991
disabilities that are intellectual disabilities or a person whose	15992
institutionalization was sought under this chapter, the managing	15993
officer of an institution shall provide access to the	15994
certificates, applications, records, and reports made for the	15995
purposes of this chapter to the resident's, former resident's, or	15996
person's guardian if the guardian makes a written request. If a	15997
deceased resident, former resident, or person whose	15998
institutionalization was sought under this chapter did not have a	15999
guardian at the time of death, the managing officer shall provide	16000
access to the certificates, applications, records, and reports	16001
made for purposes of this chapter to a member of the person's	16002
family, upon that family member's written request.	16003

(E) No person shall reveal the contents of a record of a	16004
resident except as authorized by this chapter.	16005

Sec. 5123.91. All persons who are not subject to any	16006
criminal provisions and who act reasonable and in good faith,	16007
either upon actual knowledge or upon information reasonably	16008
thought by them to be reliable, shall be free from any liability	16009
to a person institutionalized in institutions for ~~the mentally~~	16010
~~retarded~~persons with developmental disabilities that are	16011
intellectual disabilities or to any other person in their	16012
procedural or physical assistance administered in the course of	16013
the institutionalization or discharge of a person pursuant to the	16014
provisions of this chapter.	16015

Sec. 5123.92. If an affidavit alleging that a person is	16016
~~mentally retarded~~has a developmental disability that is an	16017
intellectual disability and is subject to institutionalization by	16018
court order is filed, according to the provisions of section	16019
5123.71 of the Revised Code, in the probate division of a county	16020
within the institutional district but not in the county within	16021
which the institution is located, and if such person is detained	16022
in the institution, the probate division of the county in which	16023
the institution is located shall, upon the request of the probate	16024
division receiving the affidavit, hold a hearing and make a	16025
disposition of the person in accordance with the procedures	16026
prescribed by this chapter.	16027

Sec. 5123.93. Minors with ~~mental retardation~~developmental	16028
disabilities that are intellectual disabilities shall remain under	16029
the guardianship of their parents or of a guardian appointed	16030
pursuant to Chapter 2111. of the Revised Code, notwithstanding	16031
institutionalization pursuant to any section of this chapter,	16032
unless parental rights have been terminated pursuant to a court	16033
finding that the child is neglected, abused, or dependent pursuant	16034
to Chapter 2151. of the Revised Code. If a minor with ~~mental~~	16035
~~retardation~~a developmental disability that is an intellectual	16036
disability has been found to be dependent, abused, or neglected,	16037
the public children services agency to whom permanent custody has	16038
been assigned pursuant to Chapter 2151. of the Revised Code shall	16039
have the same authority and responsibility it would have if the	16040
child were not ~~mentally retarded~~a person with a developmental	16041
disability that is an intellectual disability and were not	16042
institutionalized. In no case shall the guardianship of a person	16043
with ~~mental retardation~~a developmental disability that is an	16044
intellectual disability be assigned to the managing officer or any	16045
other employee of an institution in which the person is	16046
institutionalized, or be assigned, unless there is a relationship	16047
by blood or marriage or unless the service is a protective service	16048
as defined in section 5123.55 of the Revised Code, to a person or	16049
agency who provides services to the person with ~~mental retardation~~	16050
a developmental disability that is an intellectual disability.	16051

Sec. 5123.95. The probate judge, upon making an order	16052
institutionalizing a person under this chapter, shall forthwith	16053
transmit copies, under ~~his~~the judge's official seal, of court	16054
papers in the case, including the certificate of the expert	16055
witnesses, and of ~~his~~the judge's findings in the case to the	16056
managing officer of the institution for ~~the mentally retarded~~	16057
persons with developmental disabilities that are intellectual	16058
disabilities.	16059

If not otherwise furnished, the probate judge shall see that	16060
each person institutionalized under section 5123.76 of the Revised	16061
Code is properly attired for transportation and, in addition, the	16062
institution shall be furnished a complete change of clothing for	16063
such person, which shall be paid for on the certificate of the	16064
probate judge and the order of the county auditor from the county	16065
treasury. The clothing shall be new or as good as new. The	16066
managing officer of the institution need not receive the person	16067
without such clothing.	16068

Upon institutionalization, the managing officer of the	16069
institution to which the individual is admitted shall take	16070
possession of all money and other valuables that may be upon the	16071
person of the individual and shall, within ten days, file a list	16072
thereof with the probate judge of the county of which the	16073
individual is a resident. If the amount of money is fifty dollars	16074
or less it shall be retained and expended by the managing officer	16075
of the institution for the benefit of the individual. Unless a	16076
guardian of the estate of the individual has already been	16077
appointed, the probate judge may, upon ~~his~~the judge's own motion	16078
and without notice, appoint a special guardian of the estate of	16079
the individual. Any special guardian, before being appointed,	16080
shall file a bond approved by the probate judge in the same amount	16081
as is required by section 2109.04 of the Revised Code. A special	16082
guardian as provided for in this section, and while acting as	16083
such, shall be governed by all laws applicable to guardians of the	16084
estates of incompetents. The special guardian shall be allowed	16085
such compensation for ~~his~~the special guardian's services as the	16086
court thinks reasonable, providing hethe special guardian	16087
forthwith performs all the duties incumbent upon ~~him~~the special	16088
guardian.	16089

Sec. 5123.96. Costs, fees, and expenses of all proceedings	16090
held under this chapter shall be paid as follows:	16091

(A) To police and health officers, other than sheriffs or	16092
their deputies, the same fees allowed to constables, to be paid	16093
upon the approval of the probate judge;	16094

(B) To sheriffs or their deputies, the same fees allowed for	16095
similar services in the court of common pleas;	16096

(C) To physicians or licensed clinical psychologists acting	16097
as expert witnesses and to other expert witnesses designated by	16098
the court, an amount determined by the court;	16099

(D) To witnesses in an administrative proceeding, the same	16100
fees and mileage as are provided to witnesses by section 119.094	16101
of the Revised Code, and to witnesses in a judicial proceeding,	16102
the same fees and mileage as are provided to witnesses by section	16103
2335.06 of the Revised Code, to be paid upon the approval of the	16104
probate judge;	16105

(E) To a person, other than the sheriff or the sheriff's	16106
deputies, for taking a ~~mentally retarded~~ person with a	16107
developmental disability that is an intellectual disability to an	16108
institution or removing a ~~mentally retarded~~ person with a	16109
developmental disability that is an intellectual disability from	16110
an institution, the actual necessary expenses incurred,	16111
specifically itemized, and approved by the probate judge;	16112

(F) To assistants who convey ~~mentally retarded~~ persons with	16113
developmental disabilities that are intellectual disabilities to	16114
institutions when authorized by the probate judge, a fee set by	16115
the probate court, provided the assistants are not drawing a	16116
salary from the state or any political subdivision of the state,	16117
and their actual necessary expenses incurred, provided that the	16118
expenses are specifically itemized and approved by the probate	16119
judge;	16120

(G) To an attorney appointed by the probate division for an	16121
indigent who allegedly is a ~~mentally retarded~~ person with a	16122
developmental disability that is an intellectual disability	16123
pursuant to any section of this chapter, the fees that are	16124
determined by the probate division. When those indigent persons	16125
are before the court, all filing and recording fees shall be	16126
waived.	16127

(H) To a referee who is appointed to conduct proceedings	16128
under this chapter that involve a respondent whose domicile is or,	16129
before the respondent's institutionalization, was not the county	16130
in which the proceedings are held, compensation as fixed by the	16131
probate division, but not more than the compensation paid for	16132
similar proceedings for respondents whose domicile is in the	16133
county in which the proceedings are held;	16134

(I) To a court reporter appointed to make a transcript of	16135
proceedings under this chapter, the compensation and fees allowed	16136
in other cases under section 2101.08 of the Revised Code.	16137

All costs, fees, and expenses described in this section,	16138
after payment by the county from appropriations pursuant to	16139
section 2101.11 of the Revised Code, shall be certified by the	16140
county auditor to the department of developmental disabilities	16141
within two months of the date the costs, fees, and expenses are	16142
incurred by the county. Payment shall be provided for by the	16143
director of budget and management upon presentation of properly	16144
verified vouchers. The director of developmental disabilities may	16145
adopt rules in accordance with Chapter 119. of the Revised Code to	16146
implement the payment of costs, fees, and expenses under this	16147
section.	16148

Sec. 5123.99. (A) Whoever violates section 5123.16 or	16149
5123.20 of the Revised Code is guilty of a misdemeanor of the	16150
first degree.	16151

(B) Whoever violates division (C), (E), or (G)(3) of section	16152
5123.61 of the Revised Code is guilty of a misdemeanor of the	16153
fourth degree or, if the abuse or neglect constitutes a felony, a	16154
misdemeanor of the second degree. In addition to any other	16155
sanction or penalty authorized or required by law, if a person who	16156
is convicted of or pleads guilty to a violation of division (C),	16157
(E), or (G)(3) of section 5123.61 of the Revised Code is ~~an MR/DD~~	16158
a developmental disabilities employee, as defined in section	16159
5123.50 of the Revised Code, the offender shall be eligible to be	16160
included in the registry regarding misappropriation, abuse,	16161
neglect, or other specified misconduct by ~~MR/DD~~developmental	16162
disabilities employees established under section 5123.52 of the	16163
Revised Code.	16164

Sec. 5126.01. As used in this chapter:

16165

(A) As used in this division, "adult" means an individual who	16166
is eighteen years of age or over and not enrolled in a program or	16167
service under Chapter 3323. of the Revised Code and an individual	16168
sixteen or seventeen years of age who is eligible for adult	16169
services under rules adopted by the director of developmental	16170
disabilities pursuant to Chapter 119. of the Revised Code.	16171

(1) "Adult services" means services provided to an adult	16172
outside the home, except when they are provided within the home	16173
according to an individual's assessed needs and identified in an	16174
individual service plan, that support learning and assistance in	16175
the area of self-care, sensory and motor development,	16176
socialization, daily living skills, communication, community	16177
living, social skills, or vocational skills.	16178

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

16179

(a) Adult day habilitation services;

16180

(b) Employment services;

16181

(c) Educational experiences and training obtained through	16182
entities and activities that are not expressly intended for	16183
individuals with ~~mental retardation and~~ developmental	16184
disabilities, including trade schools, vocational or technical	16185
schools, adult education, job exploration and sampling, unpaid	16186
work experience in the community, volunteer activities, and	16187
spectator sports.	16188

(B)(1) "Adult day habilitation services" means adult services	16189
that do the following:	16190

(a) Provide access to and participation in typical activities	16191
and functions of community life that are desired and chosen by the	16192
general population, including such activities and functions as	16193
opportunities to experience and participate in community	16194
exploration, companionship with friends and peers, leisure	16195
activities, hobbies, maintaining family contacts, community	16196
events, and activities where individuals without disabilities are	16197
involved;	16198

(b) Provide supports or a combination of training and	16199
supports that afford an individual a wide variety of opportunities	16200
to facilitate and build relationships and social supports in the	16201
community.	16202

(2) "Adult day habilitation services" includes all of the	16203
following:	16204

(a) Personal care services needed to ensure an individual's	16205
ability to experience and participate in vocational services,	16206
educational services, community activities, and any other adult	16207
day habilitation services;	16208

(b) Skilled services provided while receiving adult day	16209
habilitation services, including such skilled services as behavior	16210
management intervention, occupational therapy, speech and language	16211
therapy, physical therapy, and nursing services;	16212

(c) Training and education in self-determination designed to	16213
help the individual do one or more of the following: develop	16214
self-advocacy skills, exercise the individual's civil rights,	16215
acquire skills that enable the individual to exercise control and	16216
responsibility over the services received, and acquire skills that	16217
enable the individual to become more independent, integrated, or	16218
productive in the community;	16219

(d) Recreational and leisure activities identified in the	16220
individual's service plan as therapeutic in nature or assistive in	16221
developing or maintaining social supports;	16222

(e) Transportation necessary to access adult day habilitation	16223
services;	16224

(f) Habilitation management, as described in section 5126.14	16225
of the Revised Code.	16226

(3) "Adult day habilitation services" does not include	16227
activities that are components of the provision of residential	16228
services, family support services, or supported living services.	16229

16230

(1) In the case of a member of a county board of	16231
developmental disabilities appointed by, or to be appointed by, a	16232
board of county commissioners, the board of county commissioners;	16233

(2) In the case of a member of a county board appointed by,	16234
or to be appointed by, a senior probate judge, the senior probate	16235
judge.	16236

(D) "Community employment," "competitive employment," and	16237
"integrated setting" have the same meanings as in section 5123.022	16238
of the Revised Code.	16239

(E) "Supported employment services" means vocational	16240
assessment, job training and coaching, job development and	16241
placement, worksite accessibility, and other services related to	16242
employment outside a sheltered workshop. "Supported employment	16243
services" includes both of the following:	16244

(1) Job training resulting in the attainment of community	16245
employment, supported work in a typical work environment, or	16246
self-employment;	16247

(2) Support for ongoing community employment, supported work	16248
at community-based sites, or self-employment.	16249

(F) As used in this division, "developmental delay" has the	16250
meaning established pursuant to section 5123.011 of the Revised	16251
Code.	16252

"Developmental disability" means a severe, chronic disability	16253
that is characterized by all of the following:	16254

(1) It is attributable to a mental or physical impairment or	16255
a combination of mental and physical impairments, other than a	16256
mental or physical impairment solely caused by mental illness as	16257
defined in division (A) of section 5122.01 of the Revised Code;	16258

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

16259

(3) It is likely to continue indefinitely;

16260

(4) It results in one of the following:

16261

(a) In the case of a person under age three, at least one	16262
developmental delay or a diagnosed physical or mental condition	16263
that has a high probability of resulting in a developmental delay;	16264

(b) In the case of a person at least age three but under age	16265
six, at least two developmental delays;	16266

(c) In the case of a person age six or older, a substantial	16267
functional limitation in at least three of the following areas of	16268
major life activity, as appropriate for the person's age:	16269
self-care, receptive and expressive language, learning, mobility,	16270
self-direction, capacity for independent living, and, if the	16271
person is at least age sixteen, capacity for economic	16272
self-sufficiency.	16273

(5) It causes the person to need a combination and sequence	16274
of special, interdisciplinary, or other type of care, treatment,	16275
or provision of services for an extended period of time that is	16276
individually planned and coordinated for the person.	16277

"Developmental disability" includes intellectual disability.

16278

(G) "Early childhood services" means a planned program of	16279
habilitation designed to meet the needs of individuals with ~~mental~~	16280
~~retardation or other~~ developmental disabilities who have not	16281
attained compulsory school age.	16282

(H) "Employment services" means prevocational services or	16283
supported employment services.	16284

(I)(1) "Environmental modifications" means the physical	16285
adaptations to an individual's home, specified in the individual's	16286
service plan, that are necessary to ensure the individual's	16287
health, safety, and welfare or that enable the individual to	16288
function with greater independence in the home, and without which	16289
the individual would require institutionalization.	16290

(2) "Environmental modifications" includes such adaptations	16291
as installation of ramps and grab-bars, widening of doorways,	16292
modification of bathroom facilities, and installation of	16293
specialized electric and plumbing systems necessary to accommodate	16294
the individual's medical equipment and supplies.	16295

(3) "Environmental modifications" does not include physical	16296
adaptations or improvements to the home that are of general	16297
utility or not of direct medical or remedial benefit to the	16298
individual, including such adaptations or improvements as	16299
carpeting, roof repair, and central air conditioning.	16300

(J) "Family support services" means the services provided	16301
under a family support services program operated under section	16302
5126.11 of the Revised Code.	16303

(K) "Habilitation" means the process by which the staff of	16304
the facility or agency assists an individual with ~~mental~~	16305
~~retardation or other~~a developmental disability in acquiring and	16306
maintaining those life skills that enable the individual to cope	16307
more effectively with the demands of the individual's own person	16308
and environment, and in raising the level of the individual's	16309
personal, physical, mental, social, and vocational efficiency.	16310
Habilitation includes, but is not limited to, programs of formal,	16311
structured education and training.	16312

(L) "Home and community-based services" has the same meaning	16313
as in section 5123.01 of the Revised Code.	16314

(M) "ICF/IID" has the same meaning as in section 5124.01 of	16315
the Revised Code.	16316

(N) "Immediate family" means parents, grandparents, brothers,	16317
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,	16318
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and	16319
daughters-in-law.	16320

(O) "Intellectual disability" means a mental impairment	16321
manifested during the developmental period characterized by	16322
significantly subaverage general intellectual functioning existing	16323
concurrently with deficiencies in the effectiveness or degree with	16324
which an individual meets the standards of personal independence	16325
and social responsibility expected of the individual's age and	16326
cultural group.	16327

(P) "Medicaid case management services" means case management	16328
services provided to an individual with ~~mental retardation or~~	16329
~~other~~a developmental disability that the state medicaid plan	16330
requires.	16331

~~(P) "Mental retardation" means a mental impairment manifested~~	16332
~~during the developmental period characterized by significantly~~	16333
~~subaverage general intellectual functioning existing concurrently~~	16334
~~with deficiencies in the effectiveness or degree with which an~~	16335
~~individual meets the standards of personal independence and social~~	16336
~~responsibility expected of the individual's age and cultural~~	16337
~~group.~~	16338

(Q) "Prevocational services" means services that provide	16339
learning and work experiences, including volunteer work	16340
experiences, from which an individual can develop general	16341
strengths and skills that are not specific to a particular task or	16342
job but contribute to employability in community employment,	16343
supported work at community-based sites, or self-employment.	16344

(R) "Residential services" means services to individuals with	16345
~~mental retardation or other~~ developmental disabilities to provide	16346
housing, food, clothing, habilitation, staff support, and related	16347
support services necessary for the health, safety, and welfare of	16348
the individuals and the advancement of their quality of life.	16349
"Residential services" includes program management, as described	16350
in section 5126.14 of the Revised Code.	16351

(S) "Resources" means available capital and other assets,	16352
including moneys received from the federal, state, and local	16353
governments, private grants, and donations; appropriately	16354
qualified personnel; and appropriate capital facilities and	16355
equipment.	16356

(T) "Senior probate judge" means the current probate judge of	16357
a county who has served as probate judge of that county longer	16358
than any of the other current probate judges of that county. If a	16359
county has only one probate judge, "senior probate judge" means	16360
that probate judge.	16361

(U) "Service and support administration" means the duties	16362
performed by a service and support administrator pursuant to	16363
section 5126.15 of the Revised Code.	16364

(V)(1) "Specialized medical, adaptive, and assistive	16365
equipment, supplies, and supports" means equipment, supplies, and	16366
supports that enable an individual to increase the ability to	16367
perform activities of daily living or to perceive, control, or	16368
communicate within the environment.	16369

(2) "Specialized medical, adaptive, and assistive equipment,	16370
supplies, and supports" includes the following:	16371

(a) Eating utensils, adaptive feeding dishes, plate guards,	16372
mylatex straps, hand splints, reaches, feeder seats, adjustable	16373
pointer sticks, interpreter services, telecommunication devices	16374
for the deaf, computerized communications boards, other	16375
communication devices, support animals, veterinary care for	16376
support animals, adaptive beds, supine boards, prone boards,	16377
wedges, sand bags, sidelayers, bolsters, adaptive electrical	16378
switches, hand-held shower heads, air conditioners, humidifiers,	16379
emergency response systems, folding shopping carts, vehicle lifts,	16380
vehicle hand controls, other adaptations of vehicles for	16381
accessibility, and repair of the equipment received.	16382

(b) Nondisposable items not covered by medicaid that are	16383
intended to assist an individual in activities of daily living or	16384
instrumental activities of daily living.	16385

(W) "Supportive home services" means a range of services to	16386
families of individuals with ~~mental retardation or other~~	16387
developmental disabilities to develop and maintain increased	16388
acceptance and understanding of such persons, increased ability of	16389
family members to teach the person, better coordination between	16390
school and home, skills in performing specific therapeutic and	16391
management techniques, and ability to cope with specific	16392
situations.	16393

(X)(1) "Supported living" means services provided for as long	16394
as twenty-four hours a day to an individual with ~~mental~~	16395
~~retardation or other~~a developmental disability through any public	16396
or private resources, including moneys from the individual, that	16397
enhance the individual's reputation in community life and advance	16398
the individual's quality of life by doing the following:	16399

(a) Providing the support necessary to enable an individual	16400
to live in a residence of the individual's choice, with any number	16401
of individuals who are not disabled, or with not more than three	16402
individuals with ~~mental retardation and~~ developmental disabilities	16403
unless the individuals are related by blood or marriage;	16404

(b) Encouraging the individual's participation in the	16405
community;	16406

16407

(d) Assisting the individual in acquiring, retaining, and	16408
improving the skills and competence necessary to live successfully	16409
in the individual's residence.	16410

(2) "Supported living" includes the provision of all of the	16411
following:	16412

(a) Housing, food, clothing, habilitation, staff support,	16413
professional services, and any related support services necessary	16414
to ensure the health, safety, and welfare of the individual	16415
receiving the services;	16416

(b) A combination of lifelong or extended-duration	16417
supervision, training, and other services essential to daily	16418
living, including assessment and evaluation and assistance with	16419
the cost of training materials, transportation, fees, and	16420
supplies;	16421

16422

(d) Household maintenance that does not include modifications	16423
to the physical structure of the residence;	16424

(e) Respite care services;

16425

(f) Program management, as described in section 5126.14 of	16426
the Revised Code.	16427

Sec. 5126.022. When making appointments to a county board of	16428
developmental disabilities, an appointing authority shall do all	16429
of the following:	16430

(A) Appoint only individuals who are residents of the county	16431
the appointing authority serves, citizens of the United States,	16432
and interested and knowledgeable in the field of ~~mental~~	16433
~~retardation~~intellectual disabilities and other allied fields;	16434

(B) If the appointing authority is a board of county	16435
commissioners, appoint at least two individuals who are eligible	16436
for services provided by the county board or are immediate family	16437
members of such individuals. The board of county commissioners	16438
shall, whenever possible, ensure that one of those two members is	16439
an individual eligible for adult services or an immediate family	16440
member of an individual eligible for adult services and the other	16441
is an immediate family member of an individual eligible for early	16442
intervention services or services for preschool or school-age	16443
children;	16444

(C) If the appointing authority is a senior probate judge,	16445
appoint at least one individual who is an immediate family member	16446
of an individual eligible for residential services or supported	16447
living;	16448

(D) Appoint, to the maximum extent possible, individuals who	16449
have professional training and experience in business management,	16450
finance, law, health care practice, personnel administration, or	16451
government service;	16452

(E) Provide for the county board's membership to reflect, as	16453
nearly as possible, the composition of the county that the county	16454
board serves.	16455

Sec. 5126.023. None of the following individuals may serve	16456
as a member of a county board of developmental disabilities:	16457

(A) An elected public official, except for a township	16458
trustee, township fiscal officer, or individual excluded from the	16459
definition of public official or employee in division (B) of	16460
section 102.01 of the Revised Code;	16461

(B) An immediate family member of a member of the same county	16462
board;	16463

16464

(D) An immediate family member of an employee of the same	16465
county board;	16466

(E) A former employee of a county board whose employment	16467
ceased less than four calendar years before the former employee	16468
would begin to serve as a member of the same county board;	16469

(F) A former employee of a county board whose employment	16470
ceased less than two years before the former employee would begin	16471
to serve as a member of a different county board;	16472

(G) Unless there is no conflict of interest, an individual	16473
who or whose immediate family member is a board member of an	16474
agency licensed or certified by the department of developmental	16475
disabilities to provide services to individuals with ~~mental~~	16476
~~retardation or~~ developmental disabilities or an individual who or	16477
whose immediate family member is an employee of such an agency;	16478

(H) An individual with an immediate family member who serves	16479
as a county commissioner of a county served by the county board	16480
unless the individual was a member of the county board before	16481
October 31, 1980.	16482

Sec. 5126.04. (A) Each county board of developmental	16483
disabilities shall plan and set priorities based on available	16484
resources for the provision of facilities, programs, and other	16485
services to meet the needs of county residents who are individuals	16486
with ~~mental retardation and other~~ developmental disabilities,	16487
former residents of the county residing in state institutions or,	16488
before ~~the effective date of this amendment~~September 29, 2011,	16489
placed under purchase of service agreements under section 5123.18	16490
of the Revised Code, and children subject to a determination made	16491
pursuant to section 121.38 of the Revised Code.	16492

Each county board shall assess the facility and service needs	16493
of the individuals with ~~mental retardation and other~~ developmental	16494
disabilities who are residents of the county or former residents	16495
of the county residing in state institutions or, before ~~the~~	16496
~~effective date of this amendment~~September 29, 2011, placed under	16497
purchase of service agreements under section 5123.18 of the	16498
Revised Code.	16499

Each county board shall require individual habilitation or	16500
service plans for individuals with ~~mental retardation and other~~	16501
developmental disabilities who are being served or who have been	16502
determined eligible for services and are awaiting the provision of	16503
services. Each board shall ensure that methods of having their	16504
service needs evaluated are available.	16505

(B)(1) If a foster child is in need of assessment for	16506
eligible services or is receiving services from a county board of	16507
developmental disabilities and that child is placed in a different	16508
county, the agency that placed the child, immediately upon	16509
placement, shall inform the county board in the new county all of	16510
the following:	16511

(a) That a foster child has been placed in that county;

16512

(b) The name and other identifying information of the foster	16513
child;	16514

(c) The name of the foster child's previous county of	16515
residence;	16516

(d) That the foster child was in need of assessment for	16517
eligible services or was receiving services from the county board	16518
of developmental disabilities in the previous county.	16519

(2) Upon receiving the notice described in division (B)(1) of	16520
this section or otherwise learning that the child was in need of	16521
assessment for eligible services or was receiving services from a	16522
county board of developmental disabilities in the previous county,	16523
the county board in the new county shall communicate with the	16524
county board of the previous county to determine how services for	16525
the foster child shall be provided in accordance with each board's	16526
plan and priorities as described in division (A) of this section.	16527

If the two county boards are unable to reach an agreement	16528
within ten days of the child's placement, the county board in the	16529
new county shall send notice to the Ohio department of	16530
developmental disabilities of the failure to agree. The department	16531
shall decide how services shall be provided for the foster child	16532
within ten days of receiving notice that the county boards could	16533
not reach an agreement. The department may decide that one, or	16534
both, of the county boards shall provide services. The services	16535
shall be provided in accordance with the board's plan and	16536
priorities as described in division (A) of this section.	16537

(C) The department of developmental disabilities may adopt	16538
rules in accordance with Chapter 119. of the Revised Code as	16539
necessary to implement this section. To the extent that rules	16540
adopted under this section apply to the identification and	16541
placement of children with disabilities under Chapter 3323. of the	16542
Revised Code, the rules shall be consistent with the standards and	16543
procedures established under sections 3323.03 to 3323.05 of the	16544
Revised Code.	16545

(D) The responsibility or authority of a county board to	16546
provide services under this chapter does not affect the	16547
responsibility of any other entity of state or local government to	16548
provide services to individuals with ~~mental retardation and~~	16549
developmental disabilities.	16550

(E) On or before the first day of February prior to a school	16551
year, a county board of developmental disabilities may elect not	16552
to participate during that school year in the provision of or	16553
contracting for educational services for children ages six through	16554
twenty-one years of age, provided that on or before that date the	16555
board gives notice of this election to the superintendent of	16556
public instruction, each school district in the county, and the	16557
educational service center serving the county. If a board makes	16558
this election, it shall not have any responsibility for or	16559
authority to provide educational services that school year for	16560
children ages six through twenty-one years of age. If a board does	16561
not make an election for a school year in accordance with this	16562
division, the board shall be deemed to have elected to participate	16563
during that school year in the provision of or contracting for	16564
educational services for children ages six through twenty-one	16565
years of age.	16566

(F) If a county board of developmental disabilities elects to	16567
provide educational services during a school year to individuals	16568
six through twenty-one years of age who have multiple	16569
disabilities, the board may provide these services to individuals	16570
who are appropriately identified and determined eligible pursuant	16571
to Chapter 3323. of the Revised Code, and in accordance with	16572
applicable rules of the state board of education. The county board	16573
may also provide related services to individuals six through	16574
twenty-one years of age who have one or more disabling conditions,	16575
in accordance with section 3317.20 and Chapter 3323. of the	16576
Revised Code and applicable rules of the state board of education.	16577

Sec. 5126.041. (A) As used in this section:

16578

(1) "Preschool child with a disability" has the same meaning	16579
as in section 3323.01 of the Revised Code.	16580

(2) "State institution" means all or part of an institution	16581
under the control of the department of developmental disabilities	16582
pursuant to section 5123.03 of the Revised Code and maintained for	16583
the care, treatment, and training of ~~the mentally retarded~~persons	16584
with developmental disabilities that are intellectual	16585
disabilities.	16586

(B) Except as provided in division (C) of this section, each	16587
county board of developmental disabilities shall make eligibility	16588
determinations in accordance with the definition of "developmental	16589
disability" in section 5126.01 of the Revised Code. Pursuant to	16590
rules adopted under section 5123.012 of the Revised Code, a county	16591
board may establish eligibility for programs and services for any	16592
preschool child with a disability eligible for services under	16593
section 3323.02 of the Revised Code whose disability is not	16594
attributable solely to mental illness as defined in section	16595
5122.01 of the Revised Code.	16596

(C)(1) A county board shall make determinations of	16597
eligibility for service and support administration in accordance	16598
with rules adopted under section 5126.08 of the Revised Code.	16599

(2) All persons who were eligible for services and enrolled	16600
in programs offered by a county board of developmental	16601
disabilities pursuant to this chapter on July 1, 1991, shall	16602
continue to be eligible for those services and to be enrolled in	16603
those programs as long as they are in need of services.	16604

(3) A person who resided in a state institution on or before	16605
October 29, 1993, is eligible for programs and services offered by	16606
a county board of developmental disabilities, unless the person is	16607
determined by the county board not to be in need of those programs	16608
and services.	16609

(D) A county board shall refer a person who requests but is	16610
not eligible for programs and services offered by the board to	16611
other entities of state and local government or appropriate	16612
private entities that provide services.	16613

(E) Membership of a person on, or employment of a person by,	16614
a county board of developmental disabilities does not affect the	16615
eligibility of any member of that person's family for services	16616
provided by the board or by any entity under contract with the	16617
board.	16618

Sec. 5126.042. (A) As used in this section, "emergency	16619
status" means a status that an individual with ~~mental retardation~~	16620
or developmental disabilities has when the individual is at risk	16621
of substantial self-harm or substantial harm to others if action	16622
is not taken within thirty days. An "emergency status" may include	16623
a status resulting from one or more of the following situations:	16624

(1) Loss of present residence for any reason, including legal	16625
action;	16626

(2) Loss of present caretaker for any reason, including	16627
serious illness of the caretaker, change in the caretaker's	16628
status, or inability of the caretaker to perform effectively for	16629
the individual;	16630

(3) Abuse, neglect, or exploitation of the individual;

16631

(4) Health and safety conditions that pose a serious risk to	16632
the individual or others of immediate harm or death;	16633

(5) Change in the emotional or physical condition of the	16634
individual that necessitates substantial accommodation that cannot	16635
be reasonably provided by the individual's existing caretaker.	16636

(B) If a county board of developmental disabilities	16637
determines that available resources are not sufficient to meet the	16638
needs of all individuals who request non-medicaid programs or	16639
services, it shall establish one or more waiting lists for the	16640
non-medicaid programs or services in accordance with its plan	16641
developed under section 5126.04 of the Revised Code. The board may	16642
establish priorities for making placements on its waiting lists	16643
established under this division. Any such priorities shall be	16644
consistent with the board's plan and applicable law.	16645

(C) If a county board; determines that available resources	16646
are insufficient to meet the needs of all individuals who request	16647
home and community-based services, it shall establish a waiting	16648
list for the services. An individual's date of placement on the	16649
waiting list shall be the date a request is made to the board for	16650
the individual to receive the home and community-based services.	16651
The board shall provide for an individual who has an emergency	16652
status to receive priority status on the waiting list. The board	16653
shall also provide for an individual to whom any of the following	16654
apply to receive priority status on the waiting list in accordance	16655
with rules adopted under division (E) of this section:	16656

(1) The individual is receiving supported living, family	16657
support services, or adult services for which no federal financial	16658
participation is received under the medicaid program;	16659

(2) The individual's primary caregiver is at least sixty	16660
years of age;	16661

(3) The individual has intensive needs as determined in	16662
accordance with rules adopted under division (E) of this section.	16663

(D) If two or more individuals on a waiting list established	16664
under division (C) of this section for home and community-based	16665
services have priority for the services pursuant to division	16666
(C)(1), (2), or (3) of this section, a county board shall use	16667
criteria specified in rules adopted under division (E) of this	16668
section in determining the order in which the individuals with	16669
priority will be offered the services. An individual who has	16670
priority for home and community-based services because the	16671
individual has an emergency status has priority for the services	16672
over all other individuals on the waiting list who do not have	16673
emergency status.	16674

(E) The department of developmental disabilities shall adopt	16675
rules in accordance with Chapter 119. of the Revised Code	16676
governing waiting lists established under division (C) of this	16677
section. The rules shall include procedures to be followed to	16678
ensure that the due process rights of individuals placed on	16679
waiting lists are not violated. As part of the rules adopted under	16680
this division, the department shall adopt rules establishing	16681
criteria a county board shall use under division (D) of this	16682
section in determining the order in which individuals with	16683
priority for home and community-based services pursuant to	16684
division (C)(1), (2), or (3) of this section will be offered the	16685
services.	16686

(F) The following shall take precedence over the applicable	16687
provisions of this section:	16688

(1) Medicaid rules and regulations;

16689

(2) Any specific requirements that may be contained within a	16690
medicaid state plan amendment or waiver program that a county	16691
board has authority to administer or with respect to which it has	16692
authority to provide services, programs, or supports.	16693

Sec. 5126.043. (A) Unless a guardian has been appointed for	16694
the individual, when a decision regarding receipt of a service or	16695
participation in a program provided for or funded under this	16696
chapter or Chapter 5123. or 5124. of the Revised Code by an	16697
individual with ~~mental retardation or other~~a developmental	16698
disability must be made, the individual shall be permitted to make	16699
the decision. The individual may obtain support and guidance from	16700
an adult family member or other person, but doing so does not	16701
affect the right of the individual to make the decision.	16702

(B) An individual with ~~mental retardation or other~~a	16703
developmental disability may authorize an adult to make a decision	16704
described in division (A) of this section on the individual's	16705
behalf, as long as the adult does not have a financial interest in	16706
the decision. The authorization shall be made in writing.	16707

(C) If a guardian has been appointed for an individual with	16708
~~mental retardation or other~~a developmental disability, the	16709
guardian shall make any decision described in division (A) of this	16710
section on behalf of the individual. This section does not require	16711
appointment of a guardian.	16712

(D) Individuals with ~~mental retardation and other~~	16713
developmental disabilities, including those who have been	16714
adjudicated incompetent pursuant to Chapter 2111. of the Revised	16715
Code, have the right to participate in decisions that affect their	16716
lives and to have their needs, desires, and preferences	16717
considered. An adult or guardian who makes a decision pursuant to	16718
division (B) or (C) of this section shall make a decision that is	16719
in the best interests of the individual on whose behalf the	16720
decision is made and that is consistent with the needs, desires,	16721
and preferences of that individual.	16722

Sec. 5126.046. (A) Except as otherwise provided by 42 C.F.R.	16723
431.51, an individual with ~~mental retardation or other~~a	16724
developmental disability who is eligible for home and	16725
community-based services has the right to obtain the services from	16726
any provider of the services that is qualified to furnish the	16727
services and is willing to furnish the services to the individual.	16728
A county board of developmental disabilities that has medicaid	16729
local administrative authority under division (A) of section	16730
5126.055 of the Revised Code for home and community-based services	16731
and refuses to permit an individual to obtain home and	16732
community-based services from a qualified and willing provider	16733
shall provide the individual timely notice that the individual may	16734
appeal under section 5160.31 of the Revised Code.	16735

(B) An individual with ~~mental retardation or other~~a	16736
developmental disability who is eligible for nonmedicaid	16737
residential services or nonmedicaid supported living has the right	16738
to obtain the services from any provider of the residential	16739
services or supported living that is qualified to furnish the	16740
residential services or supported living and is willing to furnish	16741
the residential services or supported living to the individual.	16742

(C) The department of developmental disabilities shall make	16743
available to the public on its internet web site an up-to-date	16744
list of all providers of home and community-based services,	16745
nonmedicaid residential services, and nonmedicaid supported	16746
living. County boards shall assist individuals with ~~mental~~	16747
~~retardation or other~~ developmental disabilities and the families	16748
of such individuals access the list on the department's internet	16749
web site.	16750

(D) The director of developmental disabilities shall adopt	16751
rules in accordance with Chapter 119. of the Revised Code	16752
governing the implementation of this section. The rules shall	16753
include procedures for individuals to choose their providers.	16754

Sec. 5126.05. (A) Subject to the rules established by the	16755
director of developmental disabilities pursuant to Chapter 119. of	16756
the Revised Code for programs and services offered pursuant to	16757
this chapter, and subject to the rules established by the state	16758
board of education pursuant to Chapter 119. of the Revised Code	16759
for programs and services offered pursuant to Chapter 3323. of the	16760
Revised Code, the county board of developmental disabilities	16761
shall:	16762

(1) Administer and operate facilities, programs, and services	16763
as provided by this chapter and Chapter 3323. of the Revised Code	16764
and establish policies for their administration and operation;	16765

(2) Coordinate, monitor, and evaluate existing services and	16766
facilities available to individuals with ~~mental retardation and~~	16767
developmental disabilities;	16768

(3) Provide early childhood services, supportive home	16769
services, and adult services, according to the plan and priorities	16770
developed under section 5126.04 of the Revised Code;	16771

(4) Provide or contract for special education services	16772
pursuant to Chapters 3317. and 3323. of the Revised Code and	16773
ensure that related services, as defined in section 3323.01 of the	16774
Revised Code, are available according to the plan and priorities	16775
developed under section 5126.04 of the Revised Code;	16776

(5) Adopt a budget, authorize expenditures for the purposes	16777
specified in this chapter and do so in accordance with section	16778
319.16 of the Revised Code, approve attendance of board members	16779
and employees at professional meetings and approve expenditures	16780
for attendance, and exercise such powers and duties as are	16781
prescribed by the director;	16782

(6) Submit annual reports of its work and expenditures,	16783
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	16784
the director, the superintendent of public instruction, and the	16785
board of county commissioners at the close of the fiscal year and	16786
at such other times as may reasonably be requested;	16787

(7) Authorize all positions of employment, establish	16788
compensation, including but not limited to salary schedules and	16789
fringe benefits for all board employees, approve contracts of	16790
employment for management employees that are for a term of more	16791
than one year, employ legal counsel under section 309.10 of the	16792
Revised Code, and contract for employee benefits;	16793

(8) Provide service and support administration in accordance	16794
with section 5126.15 of the Revised Code;	16795

(9) Certify respite care homes pursuant to rules adopted	16796
under section 5123.171 of the Revised Code by the director of	16797
developmental disabilities;	16798

(10) Implement an employment first policy that clearly	16799
identifies community employment as the desired outcome for every	16800
individual of working age who receives services from the board;	16801

(11) Set benchmarks for improving community employment	16802
outcomes.	16803

(B) To the extent that rules adopted under this section apply	16804
to the identification and placement of children with disabilities	16805
under Chapter 3323. of the Revised Code, they shall be consistent	16806
with the standards and procedures established under sections	16807
3323.03 to 3323.05 of the Revised Code.	16808

(C) Any county board may enter into contracts with other such	16809
boards and with public or private, nonprofit, or profit-making	16810
agencies or organizations of the same or another county, to	16811
provide the facilities, programs, and services authorized or	16812
required, upon such terms as may be agreeable, and in accordance	16813
with this chapter and Chapter 3323. of the Revised Code and rules	16814
adopted thereunder and in accordance with sections 307.86 and	16815
5126.071 of the Revised Code.	16816

(D) A county board may combine transportation for children	16817
and adults enrolled in programs and services offered under Chapter	16818
5126. of the Revised Code with transportation for children	16819
enrolled in classes funded under sections 3317.0213 and 3317.20 of	16820
the Revised Code.	16821

(E) A county board may purchase all necessary insurance	16822
policies, may purchase equipment and supplies through the	16823
department of administrative services or from other sources, and	16824
may enter into agreements with public agencies or nonprofit	16825
organizations for cooperative purchasing arrangements.	16826

(F) A county board may receive by gift, grant, devise, or	16827
bequest any moneys, lands, or property for the benefit of the	16828
purposes for which the board is established and hold, apply, and	16829
dispose of the moneys, lands, and property according to the terms	16830
of the gift, grant, devise, or bequest. All money received by	16831
gift, grant, bequest, or disposition of lands or property received	16832
by gift, grant, devise, or bequest shall be deposited in the	16833
county treasury to the credit of such board and shall be available	16834
for use by the board for purposes determined or stated by the	16835
donor or grantor, but may not be used for personal expenses of the	16836
board members. Any interest or earnings accruing from such gift,	16837
grant, devise, or bequest shall be treated in the same manner and	16838
subject to the same provisions as such gift, grant, devise, or	16839
bequest.	16840

(G) The board of county commissioners shall levy taxes and	16841
make appropriations sufficient to enable the county board of	16842
developmental disabilities to perform its functions and duties,	16843
and may utilize any available local, state, and federal funds for	16844
such purpose.	16845

Sec. 5126.051. (A) To the extent that resources are	16846
available, a county board of developmental disabilities shall	16847
provide for or arrange residential services and supported living	16848
for individuals with ~~mental retardation and~~ developmental	16849
disabilities.	16850

A county board may acquire, convey, lease, or sell property	16851
for residential services and supported living and enter into loan	16852
agreements, including mortgages, for the acquisition of such	16853
property. A county board is not required to comply with provisions	16854
of Chapter 307. of the Revised Code providing for competitive	16855
bidding or sheriff sales in the acquisition, lease, conveyance, or	16856
sale of property under this division, but the acquisition, lease,	16857
conveyance, or sale must be at fair market value determined by	16858
appraisal of one or more disinterested persons appointed by the	16859
board.	16860

Any action taken by a county board under this division that	16861
will incur debt on the part of the county shall be taken in	16862
accordance with Chapter 133. of the Revised Code. A county board	16863
shall not incur any debt on the part of the county without the	16864
prior approval of the board of county commissioners.	16865

(B)(1) To the extent that resources are available, a county	16866
board shall provide or arrange for the provision of adult services	16867
to individuals who are age eighteen and older and not enrolled in	16868
a program or service under Chapter 3323. of the Revised Code or	16869
age sixteen or seventeen and eligible for adult services under	16870
rules adopted by the director of developmental disabilities under	16871
Chapter 119. of the Revised Code. These services shall be provided	16872
in accordance with the individual's individual service plan and	16873
shall include support services specified in the plan.	16874

(2) Any prevocational services shall be provided in	16875
accordance with the individual's individual service plan and occur	16876
over a specified period of time with specific outcomes sought to	16877
be achieved.	16878

(3) A county board may, in cooperation with the opportunities	16879
for Ohioans with disabilities agency, seek federal funds for job	16880
training or other services directed at helping individuals obtain	16881
community employment.	16882

(4) A county board may contract with any agency, board, or	16883
other entity that is accredited by the commission on accreditation	16884
of rehabilitation facilities to provide services. A county board	16885
that is accredited by the commission on accreditation of	16886
rehabilitation facilities may provide services for which it is	16887
certified by the commission.	16888

(C) To the extent that resources are available, a county	16889
board may provide services to an individual with ~~mental~~	16890
~~retardation or other~~a developmental disability in addition to	16891
those provided pursuant to this section, section 5126.05 of the	16892
Revised Code, or any other section of this chapter. The services	16893
shall be provided in accordance with the individual's individual	16894
service plan and may be provided in collaboration with other	16895
entities of state or local government.	16896

Sec. 5126.054. (A) Each county board of developmental	16897
disabilities shall, by resolution, develop a three-calendar year	16898
plan that includes the following three components:	16899

(1) An assessment component that includes all of the	16900
following:	16901

(a) The number of individuals with ~~mental retardation or~~	16902
~~other~~ developmental ~~disability~~disabilities residing in the county	16903
who need the level of care provided by an ICF/IID, may seek home	16904
and community-based services, and are given priority on a waiting	16905
list established for the services pursuant to section 5126.042 of	16906
the Revised Code; the service needs of those individuals; and the	16907
projected annualized cost for services;	16908

(b) The source of funds available to the county board to pay	16909
the nonfederal share of medicaid expenditures that the county	16910
board is required by sections 5126.059 and 5126.0510 of the	16911
Revised Code to pay;	16912

(c) Any other applicable information or conditions that the	16913
department of developmental disabilities requires as a condition	16914
of approving the component under section 5123.046 of the Revised	16915
Code.	16916

(2) A preliminary implementation component that specifies the	16917
number of individuals to be provided, during the first year that	16918
the plan is in effect, home and community-based services pursuant	16919
to the waiting list priority given to them under section 5126.042	16920
of the Revised Code and the types of home and community-based	16921
services the individuals are to receive;	16922

(3) A component that provides for the implementation of	16923
medicaid case management services and home and community-based	16924
services for individuals who begin to receive the services on or	16925
after the date the plan is approved under section 5123.046 of the	16926
Revised Code. A county board shall include all of the following in	16927
the component:	16928

(a) If the department of developmental disabilities or	16929
department of medicaid requires, an agreement to pay the	16930
nonfederal share of medicaid expenditures that the county board is	16931
required by sections 5126.059 and 5126.0510 of the Revised Code to	16932
pay;	16933

(b) How the services are to be phased in over the period the	16934
plan covers, including how the county board will serve individuals	16935
who have priority on a waiting list established under section	16936
5126.042 of the Revised Code;	16937

(c) Any agreement or commitment regarding the county board's	16938
funding of home and community-based services that the county board	16939
has with the department at the time the county board develops the	16940
component;	16941

(d) Assurances adequate to the department that the county	16942
board will comply with all of the following requirements:	16943

(i) To provide the types of home and community-based services	16944
specified in the preliminary implementation component required by	16945
division (A)(2) of this section to at least the number of	16946
individuals specified in that component;	16947

(ii) To use any additional funds the county board receives	16948
for the services to improve the county board's resource	16949
capabilities for supporting such services available in the county	16950
at the time the component is developed and to expand the services	16951
to accommodate the unmet need for those services in the county;	16952

(iii) To employ or contract with a business manager or enter	16953
into an agreement with another county board of developmental	16954
disabilities that employs or contracts with a business manager to	16955
have the business manager serve both county boards. No	16956
superintendent of a county board may serve as the county board's	16957
business manager.	16958

(iv) To employ or contract with a medicaid services manager	16959
or enter into an agreement with another county board of	16960
developmental disabilities that employs or contracts with a	16961
medicaid services manager to have the medicaid services manager	16962
serve both county boards. No superintendent of a county board may	16963
serve as the county board's medicaid services manager.	16964

(e) Programmatic and financial accountability measures and	16965
projected outcomes expected from the implementation of the plan;	16966

(f) Any other applicable information or conditions that the	16967
department requires as a condition of approving the component	16968
under section 5123.046 of the Revised Code.	16969

(B) A county board whose plan developed under division (A) of	16970
this section is approved by the department under section 5123.046	16971
of the Revised Code shall update and renew the plan in accordance	16972
with a schedule the department shall develop.	16973

Sec. 5126.055. (A) Except as provided in section 5126.056 of	16974
the Revised Code, a county board of developmental disabilities has	16975
medicaid local administrative authority to, and shall, do all of	16976
the following for an individual with ~~mental retardation or other~~a	16977
developmental disability who resides in the county that the county	16978
board serves and seeks or receives home and community-based	16979
services:	16980

(1) Perform assessments and evaluations of the individual. As	16981
part of the assessment and evaluation process, the county board	16982
shall do all of the following:	16983

(a) Make a recommendation to the department of developmental	16984
disabilities on whether the department should approve or deny the	16985
individual's application for the services, including on the basis	16986
of whether the individual needs the level of care an ICF/IID	16987
provides;	16988

(b) If the individual's application is denied because of the	16989
county board's recommendation and the individual appeals pursuant	16990
to section 5160.31 of the Revised Code, present, with the	16991
department of developmental disabilities or department of	16992
medicaid, whichever denies the application, the reasons for the	16993
recommendation and denial at the hearing;	16994

(c) If the individual's application is approved, recommend to	16995
the departments of developmental disabilities and medicaid the	16996
services that should be included in the individual's	16997
individualized service plan and, if either department approves,	16998
reduces, denies, or terminates a service included in the	16999
individual's individualized service plan under section 5166.20 of	17000
the Revised Code because of the county board's recommendation,	17001
present, with the department that made the approval, reduction,	17002
denial, or termination, the reasons for the recommendation and	17003
approval, reduction, denial, or termination at a hearing held	17004
pursuant to an appeal made under section 5160.31 of the Revised	17005
Code.	17006

(2) Perform any duties assigned to the county board in rules	17007
adopted under section 5126.046 of the Revised Code regarding the	17008
individual's right to choose a qualified and willing provider of	17009
the services and, at a hearing held pursuant to an appeal made	17010
under section 5160.31 of the Revised Code, present evidence of the	17011
process for appropriate assistance in choosing providers;	17012

(3) If the county board is certified under section 5123.161	17013
of the Revised Code to provide the services and agrees to provide	17014
the services to the individual and the individual chooses the	17015
county board to provide the services, furnish, in accordance with	17016
the county board's medicaid provider agreement and for the	17017
authorized reimbursement rate, the services the individual	17018
requires;	17019

(4) Monitor the services provided to the individual and	17020
ensure the individual's health, safety, and welfare. The	17021
monitoring shall include quality assurance activities. If the	17022
county board provides the services, the department of	17023
developmental disabilities shall also monitor the services.	17024

(5) Develop, with the individual and the provider of the	17025
individual's services, an effective individualized service plan	17026
that includes coordination of services, recommend that the	17027
departments of developmental disabilities and medicaid approve the	17028
plan, and implement the plan unless either department disapproves	17029
it. The individualized service plan shall include a summary page,	17030
agreed to by the county board, provider, and individual receiving	17031
services, that clearly outlines the amount, duration, and scope of	17032
services to be provided under the plan.	17033

(6) Have an investigative agent conduct investigations under	17034
section 5126.313 of the Revised Code that concern the individual;	17035

(7) Have a service and support administrator perform the	17036
duties under division (B)(9) of section 5126.15 of the Revised	17037
Code that concern the individual.	17038

(B) A county board shall perform its medicaid local	17039
administrative authority under this section in accordance with all	17040
of the following:	17041

(1) The county board's plan that the department of	17042
developmental disabilities approves under section 5123.046 of the	17043
Revised Code;	17044

(2) All applicable federal and state laws;

17045

(3) All applicable policies of the departments of	17046
developmental disabilities and medicaid and the United States	17047
department of health and human services;	17048

(4) The department of medicaid's supervision under its	17049
authority as the single state medicaid agency;	17050

(5) The department of developmental disabilities' oversight.

17051

(C) The departments of developmental disabilities and	17052
medicaid shall communicate with and provide training to county	17053
boards regarding medicaid local administrative authority granted	17054
by this section. The communication and training shall include	17055
issues regarding audit protocols and other standards established	17056
by the United States department of health and human services that	17057
the departments determine appropriate for communication and	17058
training. County boards shall participate in the training. The	17059
departments shall assess the county board's compliance against	17060
uniform standards that the departments shall establish.	17061

(D) A county board may not delegate its medicaid local	17062
administrative authority granted under this section but may	17063
contract with a person or government entity, including a council	17064
of governments, for assistance with its medicaid local	17065
administrative authority. A county board that enters into such a	17066
contract shall notify the director of developmental disabilities.	17067
The notice shall include the tasks and responsibilities that the	17068
contract gives to the person or government entity. The person or	17069
government entity shall comply in full with all requirements to	17070
which the county board is subject regarding the person or	17071
government entity's tasks and responsibilities under the contract.	17072
The county board remains ultimately responsible for the tasks and	17073
responsibilities.	17074

(E) A county board that has medicaid local administrative	17075
authority under this section shall, through the departments of	17076
developmental disabilities and medicaid, reply to, and cooperate	17077
in arranging compliance with, a program or fiscal audit or program	17078
violation exception that a state or federal audit or review	17079
discovers. The department of medicaid shall timely notify the	17080
department of developmental disabilities and the county board of	17081
any adverse findings. After receiving the notice, the county	17082
board, in conjunction with the department of developmental	17083
disabilities, shall cooperate fully with the department of	17084
medicaid and timely prepare and send to the department a written	17085
plan of correction or response to the adverse findings. The county	17086
board is liable for any adverse findings that result from an	17087
action it takes or fails to take in its implementation of medicaid	17088
local administrative authority.	17089

(F) If the department of developmental disabilities or	17090
department of medicaid determines that a county board's	17091
implementation of its medicaid local administrative authority	17092
under this section is deficient, the department that makes the	17093
determination shall require that county board do the following:	17094

(1) If the deficiency affects the health, safety, or welfare	17095
of an individual with ~~mental retardation or other~~a developmental	17096
disability, correct the deficiency within twenty-four hours;	17097

(2) If the deficiency does not affect the health, safety, or	17098
welfare of an individual with ~~mental retardation or other~~a	17099
developmental disability, receive technical assistance from the	17100
department or submit a plan of correction to the department that	17101
is acceptable to the department within sixty days and correct the	17102
deficiency within the time required by the plan of correction.	17103

Sec. 5126.058. (A) Each county board of developmental	17104
disabilities shall prepare a memorandum of understanding that is	17105
developed by all of the following and that is signed by the	17106
persons identified in divisions (A)(2) to (7) of this section:	17107

(1) The senior probate judge of the county or the senior	17108
probate judge's representative;	17109

(2) The county peace officer;

17110

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

17111

(4) Other law enforcement officers handling abuse, neglect,	17112
and exploitation of ~~mentally retarded and developmentally disabled~~	17113
persons with developmental disabilities in the county;	17114

(5) The prosecuting attorney of the county;

17115

(6) The public children services agency;

17116

(7) The coroner of the county.

17117

(B) A memorandum of understanding shall set forth the normal	17118
operating procedure to be employed by all concerned officials in	17119
the execution of their respective responsibilities under this	17120
section and sections 313.12, 2151.421, 2903.16, 5126.31, and	17121
5126.33 of the Revised Code and shall have as its primary goal the	17122
elimination of all unnecessary interviews of persons who are the	17123
subject of reports made pursuant to this section. A failure to	17124
follow the procedure set forth in the memorandum by the concerned	17125
officials is not grounds for, and shall not result in, the	17126
dismissal of any charge or complaint arising from any reported	17127
case of abuse, neglect, or exploitation or the suppression of any	17128
evidence obtained as a result of any reported abuse, neglect, or	17129
exploitation and does not give any rights or grounds for appeal or	17130
post-conviction relief to any person.	17131

(C) A memorandum of understanding shall include, but is not	17132
limited to, all of the following:	17133

(1) The roles and responsibilities for handling emergency and	17134
nonemergency cases of abuse, neglect, or exploitation;	17135

(2) The roles and responsibilities for handling and	17136
coordinating investigations of reported cases of abuse, neglect,	17137
or exploitation and methods to be used in interviewing the person	17138
who is the subject of the report and who allegedly was abused,	17139
neglected, or exploited;	17140

(3) The roles and responsibilities for addressing the	17141
categories of persons who may interview the person who is the	17142
subject of the report and who allegedly was abused, neglected, or	17143
exploited;	17144

(4) The roles and responsibilities for providing victim	17145
services to ~~mentally retarded and developmentally disabled~~ persons	17146
with developmental disabilities pursuant to Chapter 2930. of the	17147
Revised Code;	17148

(5) The roles and responsibilities for the filing of criminal	17149
charges against persons alleged to have abused, neglected, or	17150
exploited ~~mentally retarded or developmentally disabled~~ persons	17151
with developmental disabilities.	17152

(D) A memorandum of understanding may be signed by victim	17153
advocates, municipal court judges, municipal prosecutors, and any	17154
other person whose participation furthers the goals of a	17155
memorandum of understanding, as set forth in this section.	17156

Sec. 5126.059. A county board of developmental disabilities	17157
shall pay the nonfederal share of medicaid expenditures for	17158
medicaid case management services the county board provides to an	17159
individual with ~~mental retardation or other~~a developmental	17160
disability who the county board determines under section 5126.041	17161
of the Revised Code is eligible for county board services.	17162

Sec. 5126.0510. (A) Except as otherwise provided in an	17163
agreement entered into under section 5123.048 of the Revised Code	17164
and subject to divisions (B), (C), and (D) of this section, a	17165
county board of developmental disabilities shall pay the	17166
nonfederal share of medicaid expenditures for the following home	17167
and community-based services provided to an individual with ~~mental~~	17168
~~retardation or other~~a developmental disability who the county	17169
board determines under section 5126.041 of the Revised Code is	17170
eligible for county board services:	17171

(1) Home and community-based services provided by the county	17172
board to such an individual;	17173

(2) Home and community-based services provided by a provider	17174
other than the county board to such an individual who is enrolled	17175
as of June 30, 2007, in the medicaid waiver component under which	17176
the services are provided;	17177

(3) Home and community-based services provided by a provider	17178
other than the county board to such an individual who, pursuant to	17179
a request the county board makes, enrolls in the medicaid waiver	17180
component under which the services are provided after June 30,	17181
2007;	17182

(4) Home and community-based services provided by a provider	17183
other than the county board to such an individual for whom there	17184
is in effect an agreement entered into under division (E) of this	17185
section between the county board and director of developmental	17186
disabilities.	17187

(B) In the case of medicaid expenditures for home and	17188
community-based services for which division (A)(2) of this section	17189
requires a county board to pay the nonfederal share, the following	17190
shall apply to such services provided during fiscal year 2008	17191
under the individual options medicaid waiver component:	17192

(1) The county board shall pay no less than the total amount	17193
the county board paid as the nonfederal share for home and	17194
community-based services provided in fiscal year 2007 under the	17195
individual options medicaid waiver component;	17196

(2) The county board shall pay no more than the sum of the	17197
following:	17198

(a) The total amount the county board paid as the nonfederal	17199
share for home and community-based services provided in fiscal	17200
year 2007 under the individual options medicaid waiver component;	17201

(b) An amount equal to one per cent of the total amount the	17202
department of developmental disabilities and county board paid as	17203
the nonfederal share for home and community-based services	17204
provided in fiscal year 2007 under the individual options medicaid	17205
waiver component to individuals the county board determined under	17206
section 5126.041 of the Revised Code are eligible for county board	17207
services.	17208

(C) A county board is not required to pay the nonfederal	17209
share of home and community-based services provided after June 30,	17210
2008, that the county board is otherwise required by division	17211
(A)(2) of this section to pay if the department of developmental	17212
disabilities fails to comply with division (A) of section	17213
5123.0416 of the Revised Code.	17214

(D) A county board is not required to pay the nonfederal	17215
share of home and community-based services that the county board	17216
is otherwise required by division (A)(3) of this section to pay if	17217
both of the following apply:	17218

(1) The services are provided to an individual who enrolls in	17219
the medicaid waiver component under which the services are	17220
provided as the result of an order issued following a state	17221
hearing, administrative appeal, or appeal to a court of common	17222
pleas made under section 5101.35 of the Revised Code;	17223

(2) There are more individuals who are eligible for services	17224
from the county board enrolled in home and community-based	17225
services than is required by section 5126.0512 of the Revised	17226
Code.	17227

(E) A county board may enter into an agreement with the	17228
director of developmental disabilities under which the county	17229
board agrees to pay the nonfederal share of medicaid expenditures	17230
for one or more home and community-based services that the county	17231
board is not otherwise required by division (A)(1), (2), or (3) of	17232
this section to pay and that are provided to an individual the	17233
county board determines under section 5126.041 of the Revised Code	17234
is eligible for county board services. The agreement shall specify	17235
which home and community-based services the agreement covers. The	17236
county board shall pay the nonfederal share of medicaid	17237
expenditures for the home and community-based services that the	17238
agreement covers as long as the agreement is in effect.	17239

Sec. 5126.08. (A) The director of developmental disabilities	17240
shall adopt rules in accordance with Chapter 119. of the Revised	17241
Code for all programs and services offered by a county board of	17242
developmental disabilities. Such rules shall include, but are not	17243
limited to, the following:	17244

(1) Determination of what constitutes a program or service;

17245

(2) Standards to be followed by a board in administering,	17246
providing, arranging, or operating programs and services;	17247

(3) Standards for determining the nature and degree of ~~mental~~	17248
~~retardation, including mild mental retardation, or~~ developmental	17249
disability;	17250

(4) Standards and procedures for making eligibility	17251
determinations for the programs and services;	17252

(5) Procedures for obtaining consent for the arrangement of	17253
services under section 5126.31 of the Revised Code and for	17254
obtaining signatures on individual service plans under that	17255
section;	17256

(6) Specification of the service and support administration	17257
to be provided by a county board and standards for resolving	17258
grievances in connection with service and support administration.	17259

(B) The director shall be the final authority in determining	17260
the nature and degree of ~~mental retardation or~~ developmental	17261
disability.	17262

Sec. 5126.082. (A) In addition to the rules adopted under	17263
division (A)(2) of section 5126.08 of the Revised Code	17264
establishing standards to be followed by county boards of	17265
developmental disabilities in administering, providing, arranging,	17266
and operating programs and services and in addition to the board	17267
accreditation system established under section 5126.081 of the	17268
Revised Code, the director of developmental disabilities shall	17269
adopt rules in accordance with Chapter 119. of the Revised Code	17270
establishing standards for promoting and advancing the quality of	17271
life of individuals with ~~mental retardation and~~ developmental	17272
disabilities receiving any of the following:	17273

(1) Early childhood services pursuant to section 5126.05 of	17274
the Revised Code for children under age three;	17275

(2) Adult services pursuant to section 5126.05 and division	17276
(B) of section 5126.051 of the Revised Code for individuals age	17277
sixteen or older;	17278

(3) Family support services pursuant to section 5126.11 of	17279
the Revised Code.	17280

(B) The rules adopted under this section shall specify the	17281
actions county boards of developmental disabilities and the	17282
agencies with which they contract should take to do the following:	17283

(1) Offer individuals with ~~mental retardation and~~	17284
developmental disabilities, and their families when appropriate,	17285
choices in programs and services that are centered on the needs	17286
and desires of those individuals;	17287

(2) Maintain infants with their families whenever possible by	17288
collaborating with other agencies that provide services to infants	17289
and their families and taking other appropriate actions;	17290

(3) Provide families that have children with ~~mental~~	17291
~~retardation and~~ developmental disabilities under age eighteen	17292
residing in their homes the resources necessary to allow the	17293
children to remain in their homes;	17294

(4) Create and implement community employment services based	17295
on the needs and desires of adults with ~~mental retardation and~~	17296
developmental disabilities;	17297

(5) Create, in collaboration with other agencies,	17298
transportation systems that provide safe and accessible	17299
transportation within the county to individuals with disabilities;	17300

(6) Provide services that allow individuals with disabilities	17301
to be integrated into the community by engaging in educational,	17302
vocational, and recreational activities with individuals who do	17303
not have disabilities;	17304

(7) Provide age-appropriate retirement services for	17305
individuals age sixty-five and older with ~~mental retardation and~~	17306
developmental disabilities;	17307

(8) Establish residential services and supported living for	17308
individuals with ~~mental retardation and~~ developmental disabilities	17309
in accordance with their needs.	17310

(C) To assist in funding programs and services that meet the	17311
standards established under this section, each county board of	17312
developmental disabilities shall make a good faith effort to	17313
acquire available federal funds, including reimbursements under	17314
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42	17315
U.S.C.A. 1396, as amended.	17316

(D) Each county board of developmental disabilities shall	17317
work toward full compliance with the standards established under	17318
this section, based on its available resources. Funds received	17319
under this chapter shall be used to comply with the standards.	17320
Annually, each board shall conduct a self audit to evaluate the	17321
board's progress in complying fully with the standards.	17322

(E) The department shall complete a program quality review of	17323
each county board of developmental disabilities to determine the	17324
extent to which the board has complied with the standards. The	17325
review shall be conducted in conjunction with the comprehensive	17326
accreditation review of the board that is conducted under section	17327
5126.081 of the Revised Code.	17328

Notwithstanding any provision of this chapter or Chapter	17329
5123. of the Revised Code requiring the department to distribute	17330
funds to county boards of developmental disabilities, the	17331
department may withhold funds from a board if it finds that the	17332
board is not in substantial compliance with the standards	17333
established under this section.	17334

(F) When the standards for accreditation from the commission	17335
on accreditation of rehabilitation facilities, or another	17336
accrediting agency, meet or exceed the standards established under	17337
this section, the director may accept accreditation from the	17338
commission or other agency as evidence that the board is in	17339
compliance with all or part of the standards established under	17340
this section. Programs and services accredited by the commission	17341
or agency are exempt from the program quality reviews required by	17342
division (E) of this section.	17343

Sec. 5126.11. (A) As used in this section, "respite care"	17344
means appropriate, short-term, temporary care that is provided to	17345
a ~~mentally retarded or developmentally disabled~~ person with a	17346
developmental disability to sustain the family structure or to	17347
meet planned or emergency needs of the family.	17348

(B) Subject to rules adopted by the director of developmental	17349
disabilities, and subject to the availability of money from state	17350
and federal sources, the county board of developmental	17351
disabilities shall establish a family support services program.	17352
Under such a program, the board shall make payments to an	17353
individual with ~~mental retardation or other~~a developmental	17354
disability or the family of an individual with ~~mental retardation~~	17355
~~or other~~a developmental disability who desires to remain in and	17356
be supported in the family home. Payments shall be made for all or	17357
part of costs incurred or estimated to be incurred for services	17358
that would promote self-sufficiency and normalization, prevent or	17359
reduce inappropriate institutional care, and further the unity of	17360
the family by enabling the family to meet the special needs of the	17361
individual and to live as much like other families as possible.	17362
Payments may be made in the form of reimbursement for expenditures	17363
or in the form of vouchers to be used to purchase services.	17364

(C) Payment shall not be made under this section to an	17365
individual or the individual's family if the individual is living	17366
in a residential facility that is providing residential services	17367
under contract with the department of developmental disabilities	17368
or a county board.	17369

(D) Payments may be made for the following services:

17370

(1) Respite care, in or out of the home;

17371

(2) Counseling, supervision, training, and education of the	17372
individual, the individual's caregivers, and members of the	17373
individual's family that aid the family in providing proper care	17374
for the individual, provide for the special needs of the family,	17375
and assist in all aspects of the individual's daily living;	17376

(3) Special diets, purchase or lease of special equipment, or	17377
modifications of the home, if such diets, equipment, or	17378
modifications are necessary to improve or facilitate the care and	17379
living environment of the individual;	17380

(4) Providing support necessary for the individual's	17381
continued skill development, including such services as	17382
development of interventions to cope with unique problems that may	17383
occur within the complexity of the family, enrollment of the	17384
individual in special summer programs, provision of appropriate	17385
leisure activities, and other social skills development	17386
activities;	17387

(5) Any other services that are consistent with the purposes	17388
specified in division (B) of this section and specified in the	17389
individual's service plan.	17390

(E) In order to be eligible for payments under a family	17391
support services program, the individual or the individual's	17392
family must reside in the county served by the county board, and	17393
the individual must be in need of habilitation. Payments shall be	17394
adjusted for income in accordance with the payment schedule	17395
established in rules adopted under this section. Payments shall be	17396
made only after the county board has taken into account all other	17397
available assistance for which the individual or family is	17398
eligible.	17399

(F) Before incurring expenses for a service for which payment	17400
will be sought under a family support services program, the	17401
individual or family shall apply to the county board for a	17402
determination of eligibility and approval of the service. The	17403
service need not be provided in the county served by the county	17404
board. After being determined eligible and receiving approval for	17405
the service, the individual or family may incur expenses for the	17406
service or use the vouchers received from the county board for the	17407
purchase of the service.	17408

If the county board refuses to approve a service, an appeal	17409
may be made in accordance with rules adopted by the department	17410
under this section.	17411

(G) To be reimbursed for expenses incurred for approved	17412
services, the individual or family shall submit to the county	17413
board a statement of the expenses incurred accompanied by any	17414
evidence required by the board. To redeem vouchers used to	17415
purchase approved services, the entity that provided the service	17416
shall submit to the county board evidence that the service was	17417
provided and a statement of the charges. The county board shall	17418
make reimbursements and redeem vouchers no later than forty-five	17419
days after it receives the statements and evidence required by	17420
this division.	17421

(H) A county board shall consider the following objectives in	17422
carrying out a family support services program:	17423

(1) Enabling individuals to return to their families from an	17424
institution under the jurisdiction of the department of	17425
developmental disabilities;	17426

(2) Enabling individuals found to be subject to	17427
institutionalization by court order under section 5123.76 of the	17428
Revised Code to remain with their families with the aid of	17429
payments provided under this section;	17430

(3) Providing services to eligible children and adults	17431
currently residing in the community;	17432

(4) Providing services to individuals with developmental	17433
disabilities who are not receiving other services from the board.	17434

(I) The director shall adopt, and may amend and rescind,	17435
rules for the implementation of family support services programs	17436
by county boards. Such rules shall include the following:	17437

(1) A payment schedule adjusted for income;

17438

(2) Standards for supervision, training, and quality control	17439
in the provision of respite care services;	17440

(3) Eligibility standards and procedures for providing	17441
temporary emergency respite care;	17442

(4) Procedures for hearing and deciding appeals made under	17443
division (F) of this section.	17444

Rules adopted under division (I)(1) of this section shall be	17445
adopted in accordance with section 111.15 of the Revised Code.	17446
Rules adopted under divisions (I)(2) to (4) of this section shall	17447
be adopted in accordance with Chapter 119. of the Revised Code.	17448

(J) All individuals certified by the superintendent of the	17449
county board as eligible for temporary emergency respite care in	17450
accordance with rules adopted under this section shall be	17451
considered eligible for temporary emergency respite care for not	17452
more than five days to permit the determination of eligibility for	17453
family support services. The requirements of divisions (E) and (F)	17454
of this section do not apply to temporary emergency respite care.	17455

(K) The county board shall not be required to make payments	17456
for family support services at a level that exceeds available	17457
state and federal funds for such payments.	17458

Sec. 5126.15. (A) A county board of developmental	17459
disabilities shall provide service and support administration to	17460
each individual three years of age or older who is eligible for	17461
service and support administration if the individual requests, or	17462
a person on the individual's behalf requests, service and support	17463
administration. A board shall provide service and support	17464
administration to each individual receiving home and	17465
community-based services. A board may provide, in accordance with	17466
the service coordination requirements of 34 C.F.R. 303.23, service	17467
and support administration to an individual under three years of	17468
age eligible for early intervention services under 34 C.F.R. part	17469
303. A board may provide service and support administration to an	17470
individual who is not eligible for other services of the board.	17471
Service and support administration shall be provided in accordance	17472
with rules adopted under section 5126.08 of the Revised Code.	17473

A board may provide service and support administration by	17474
directly employing service and support administrators or by	17475
contracting with entities for the performance of service and	17476
support administration. Individuals employed or under contract as	17477
service and support administrators shall not be in the same	17478
collective bargaining unit as employees who perform duties that	17479
are not administrative.	17480

Individuals employed by a board as service and support	17481
administrators shall not be assigned responsibilities for	17482
implementing other services for individuals and shall not be	17483
employed by or serve in a decision-making or policy-making	17484
capacity for any other entity that provides programs or services	17485
to individuals with ~~mental retardation or~~ developmental	17486
disabilities. An individual employed as a conditional status	17487
service and support administrator shall perform the duties of	17488
service and support administration only under the supervision of a	17489
management employee who is a service and support administration	17490
supervisor.	17491

(B) The individuals employed by or under contract with a	17492
board to provide service and support administration shall do all	17493
of the following:	17494

(1) Establish an individual's eligibility for the services of	17495
the county board of developmental disabilities;	17496

(2) Assess individual needs for services;

17497

(3) Develop individual service plans with the active	17498
participation of the individual to be served, other persons	17499
selected by the individual, and, when applicable, the provider	17500
selected by the individual, and recommend the plans for approval	17501
by the department of developmental disabilities when services	17502
included in the plans are funded through medicaid;	17503

(4) Establish budgets for services based on the individual's	17504
assessed needs and preferred ways of meeting those needs;	17505

(5) Assist individuals in making selections from among the	17506
providers they have chosen;	17507

(6) Ensure that services are effectively coordinated and	17508
provided by appropriate providers;	17509

(7) Establish and implement an ongoing system of monitoring	17510
the implementation of individual service plans to achieve	17511
consistent implementation and the desired outcomes for the	17512
individual;	17513

(8) Perform quality assurance reviews as a distinct function	17514
of service and support administration;	17515

(9) Incorporate the results of quality assurance reviews and	17516
identified trends and patterns of unusual incidents and major	17517
unusual incidents into amendments of an individual's service plan	17518
for the purpose of improving and enhancing the quality and	17519
appropriateness of services rendered to the individual.	17520

Sec. 5126.22. (A) Employees who hold the following positions	17521
in a county board of developmental disabilities are management	17522
employees:	17523

assistant superintendent

17524

director of business

17525

director of personnel

17526

adult services director

17527

workshop director

17528

habilitation manager

17529

director of residential services

17530

principal (director of children services)

17531

program or service supervisor

17532

plant manager

17533

production manager

17534

service and support administration supervisor

17535

investigative agent

17536

confidential employees as defined in section 4117.01 of the	17537
Revised Code	17538

positions designated by the director of developmental	17539
disabilities as having managerial or supervisory responsibilities	17540
and duties	17541

positions designated by the county board in accordance with	17542
division (D) of this section.	17543

(B) Employees who hold the following positions in a board are	17544
professional employees:	17545

personnel licensed or certified pursuant to Chapter 3319. of	17546
the Revised Code	17547

early intervention specialist

17548

physical development specialist

17549

habilitation specialist

17550

work adjustment specialist

17551

placement specialist

17552

vocational evaluator

17553

psychologist

17554

occupational therapist

17555

speech and language pathologist

17556

recreation specialist

17557

behavior management specialist

17558

physical therapist

17559

supportive home services specialist

17560

licensed practical nurse or registered nurse

17561

rehabilitation counselor

17562

doctor of medicine and surgery or of osteopathic medicine and	17563
surgery	17564

dentist

17565

service and support administrator

17566

conditional status service and support administrator

17567

social worker

17568

any position that is not a management position and for which	17569
the standards for certification established by the director of	17570
developmental disabilities under section 5126.25 of the Revised	17571
Code require a bachelor's or higher degree	17572

professional positions designated by the director

17573

professional positions designated by the county board in	17574
accordance with division (D) of this section.	17575

(C) Employees who hold positions in a board that are neither	17576
management positions nor professional positions are service	17577
employees. Service employee positions include:	17578

workshop specialist

17579

workshop specialist assistant

17580

contract procurement specialist

17581

community employment specialist

17582

any assistant to a professional employee certified to	17583
provide, or supervise the provision of, adult services or service	17584
and support administration	17585

service positions designated by the director

17586

service positions designated by a county board in accordance	17587
with division (D) of this section.	17588

(D) A county board may designate a position only if the	17589
position does not include directly providing, or supervising	17590
employees who directly provide, service or instruction to	17591
individuals with ~~mental retardation or~~ developmental disabilities.	17592

(E) If a county board desires to have a position established	17593
that is not specifically listed in this section that includes	17594
directly providing, or supervising employees who directly provide,	17595
services or instruction to individuals with ~~mental retardation or~~	17596
developmental disabilities, the board shall submit to the director	17597
a written description of the position and request that the	17598
director designate the position as a management, professional, or	17599
service position under this section. The director shall consider	17600
each request submitted under this division and respond within	17601
thirty days. If the director approves the request, the director	17602
shall designate the position as a management, professional, or	17603
service position.	17604

(F) A county board shall not terminate its employment of any	17605
management, professional, or service employee solely because a	17606
position is added to or eliminated from those positions listed in	17607
this section or because a position is designated or no longer	17608
designated by the director or a county board.	17609

Sec. 5126.25. (A) The director of developmental disabilities	17610
shall adopt rules under division (C) of this section establishing	17611
uniform standards and procedures for the certification and	17612
registration of persons, other than the persons described in	17613
division (I) of this section, who are seeking employment with or	17614
are employed by either of the following:	17615

(1) A county board of developmental disabilities;

17616

(2) An entity that contracts with a county board to operate	17617
programs and services for individuals with ~~mental retardation or~~	17618
developmental disabilities.	17619

(B) No person shall be employed in a position for which	17620
certification or registration is required pursuant to the rules	17621
adopted under this section without the certification or	17622
registration that is required for that position. The person shall	17623
not be employed or shall not continue to be employed if the	17624
required certification or registration is denied, revoked, or not	17625
renewed.	17626

(C) The director shall adopt rules in accordance with Chapter	17627
119. of the Revised Code as the director considers necessary to	17628
implement and administer this section, including rules	17629
establishing all of the following:	17630

(1) Positions of employment that are subject to this section	17631
and, for each position, whether a person must receive	17632
certification or receive registration to be employed in that	17633
position;	17634

(2) Requirements that must be met to receive the	17635
certification or registration required to be employed in a	17636
particular position, including standards regarding education,	17637
specialized training, and experience, taking into account the	17638
needs of individuals with ~~mental retardation or~~ developmental	17639
disabilities and the specialized techniques needed to serve them,	17640
except that the rules shall not require a person designated as a	17641
service employee under section 5126.22 of the Revised Code to have	17642
or obtain a bachelor's or higher degree;	17643

(3) Procedures to be followed in applying for initial	17644
certification or registration and for renewing the certification	17645
or registration.	17646

(4) Requirements that must be met for renewal of	17647
certification or registration, which may include continuing	17648
education and professional training requirements;	17649

(5) Subject to section 5126.23 of the Revised Code, grounds	17650
for which certification or registration may be denied, suspended,	17651
or revoked and procedures for appealing the denial, suspension, or	17652
revocation.	17653

(D) Each person seeking certification or registration for	17654
employment shall apply in the manner established in rules adopted	17655
under this section.	17656

(E)(1) Except as provided in division (E)(2) of this section,	17657
the superintendent of each county board is responsible for taking	17658
all actions regarding certification and registration of employees,	17659
other than the position of superintendent, early intervention	17660
supervisor, early intervention specialist, or investigative agent.	17661
For the position of superintendent, early intervention supervisor,	17662
early intervention specialist, or investigative agent, the	17663
director of developmental disabilities is responsible for taking	17664
all such actions.	17665

Actions that may be taken by the superintendent or director	17666
include issuing, renewing, denying, suspending, and revoking	17667
certification and registration. All actions shall be taken in	17668
accordance with the rules adopted under this section.	17669

The superintendent may charge a fee to persons applying for	17670
certification or registration. The superintendent shall establish	17671
the amount of the fee according to the costs the county board	17672
incurs in administering its program for certification and	17673
registration of employees.	17674

A person subject to the denial, suspension, or revocation of	17675
certification or registration may appeal the decision. The appeal	17676
shall be made in accordance with the rules adopted under this	17677
section.	17678

(2) Pursuant to division (C) of section 5126.05 of the	17679
Revised Code, the superintendent may enter into a contract with	17680
any other entity under which the entity is given authority to	17681
carry out all or part of the superintendent's responsibilities	17682
under division (E)(1) of this section.	17683

(F) A person with valid certification or registration under	17684
this section on the effective date of any rules adopted under this	17685
section that increase the standards applicable to the	17686
certification or registration shall have such period as the rules	17687
prescribe, but not less than one year after the effective date of	17688
the rules, to meet the new certification or registration	17689
standards.	17690

(G) A person with valid certification or registration is	17691
qualified to be employed according to that certification or	17692
registration by any county board or entity contracting with a	17693
county board.	17694

(H) The director shall monitor county boards to ensure that	17695
their employees and the employees of their contracting entities	17696
have the applicable certification or registration required under	17697
this section and that the employees are performing only those	17698
functions they are authorized to perform under the certification	17699
or registration. The superintendent of each county board or the	17700
superintendent's designee shall maintain in appropriate personnel	17701
files evidence acceptable to the director that the employees have	17702
met the requirements. On request, representatives of the	17703
department of developmental disabilities shall be given access to	17704
the evidence.	17705

(I) The certification and registration requirements of this	17706
section and the rules adopted under it do not apply to either of	17707
the following:	17708

(1) A person who holds a valid license issued or certificate	17709
issued under Chapter 3319. of the Revised Code and performs no	17710
duties other than teaching or supervision of a teaching program;	17711

(2) A person who holds a valid license or certificate issued	17712
under Title XLVII of the Revised Code and performs only those	17713
duties governed by the license or certificate.	17714

Sec. 5126.30. As used in sections 5126.30 to 5126.34 of the	17715
Revised Code:	17716

(A) "Adult" means a person eighteen years of age or older	17717
with ~~mental retardation or~~ a developmental disability.	17718

(B) "Caretaker" means a person who is responsible for the	17719
care of an adult by order of a court, including an order of	17720
guardianship, or who assumes the responsibility for the care of an	17721
adult as a volunteer, as a family member, by contract, or by the	17722
acceptance of payment for care.	17723

(C) "Abuse" has the same meaning as in section 5123.50 of the	17724
Revised Code, except that it includes a misappropriation, as	17725
defined in that section.	17726

(D) "Neglect" has the same meaning as in section 5123.50 of	17727
the Revised Code.	17728

(E) "Exploitation" means the unlawful or improper act of a	17729
caretaker using an adult or an adult's resources for monetary or	17730
personal benefit, profit, or gain, including misappropriation, as	17731
defined in section 5123.50 of the Revised Code, of an adult's	17732
resources.	17733

(F) "Working day" means Monday, Tuesday, Wednesday, Thursday,	17734
or Friday, except when that day is a holiday as defined in section	17735
1.14 of the Revised Code.	17736

(G) "Incapacitated" means lacking understanding or capacity,	17737
with or without the assistance of a caretaker, to make and carry	17738
out decisions regarding food, clothing, shelter, health care, or	17739
other necessities, but does not include mere refusal to consent to	17740
the provision of services.	17741

(H) "Emergency protective services" means protective services	17742
furnished to a person with ~~mental retardation or~~ a developmental	17743
disability to prevent immediate physical harm.	17744

(I) "Protective services" means services provided by the	17745
county board of developmental disabilities to an adult with	17746
~~mental retardation or~~ a developmental disability for the	17747
prevention, correction, or discontinuance of an act of as well as	17748
conditions resulting from abuse, neglect, or exploitation.	17749

(J) "Protective service plan" means an individualized plan	17750
developed by the county board of developmental disabilities to	17751
prevent the further abuse, neglect, or exploitation of an adult	17752
with ~~mental retardation or~~ a developmental disability.	17753

(K) "Substantial risk" has the same meaning as in section	17754
2901.01 of the Revised Code.	17755

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

17756

(1) An adult who is the subject of a probate proceeding under	17757
sections 5126.30 to 5126.33 of the Revised Code;	17758

(2) A caretaker, unless otherwise ordered by the probate	17759
court;	17760

(3) Any other person designated as a party by the probate	17761
court including but not limited to, the adult's spouse, custodian,	17762
guardian, or parent.	17763

(M) "Board" means a county board of developmental	17764
disabilities.	17765

Sec. 5126.31. (A) A county board of developmental	17766
disabilities shall review reports of abuse and neglect made under	17767
section 5123.61 of the Revised Code and reports referred to it	17768
under section 5101.611 of the Revised Code to determine whether	17769
the person who is the subject of the report is an adult with	17770
~~mental retardation or~~ a developmental disability in need of	17771
services to deal with the abuse or neglect. The board shall give	17772
notice of each report to the registry office of the department of	17773
developmental disabilities established pursuant to section 5123.61	17774
of the Revised Code on the first working day after receipt of the	17775
report. If the report alleges that there is a substantial risk to	17776
the adult of immediate physical harm or death, the board shall	17777
initiate review within twenty-four hours of its receipt of the	17778
report. If the board determines that the person is sixty years of	17779
age or older but does not have ~~mental retardation or~~ a	17780
developmental disability, it shall refer the case to the county	17781
department of job and family services. If the board determines	17782
that the person is an adult with ~~mental retardation or~~ a	17783
developmental disability, it shall continue its review of the	17784
case.	17785

(B) For each review over which the board retains	17786
responsibility under division (A) of this section, it shall do all	17787
of the following:	17788

(1) Give both written and oral notice of the purpose of the	17789
review to the adult and, if any, to the adult's legal counsel or	17790
caretaker, in simple and clear language;	17791

(2) Visit the adult, in the adult's residence if possible,	17792
and explain the notice given under division (B)(1) of this	17793
section;	17794

(3) Request from the registry office any prior reports	17795
concerning the adult or other principals in the case;	17796

(4) Consult, if feasible, with the person who made the report	17797
under section 5101.61 or 5123.61 of the Revised Code and with any	17798
agencies or persons who have information about the alleged abuse	17799
or neglect;	17800

(5) Cooperate fully with the law enforcement agency	17801
responsible for investigating the report and for filing any	17802
resulting criminal charges and, on request, turn over evidence to	17803
the agency;	17804

(6) Determine whether the adult needs services, and prepare a	17805
written report stating reasons for the determination. No adult	17806
shall be determined to be abused, neglected, or in need of	17807
services for the sole reason that, in lieu of medical treatment,	17808
the adult relies on or is being furnished spiritual treatment	17809
through prayer alone in accordance with the tenets and practices	17810
of a church or religious denomination of which the adult is a	17811
member or adherent.	17812

(C) The board shall arrange for the provision of services for	17813
the prevention, correction or discontinuance of abuse or neglect	17814
or of a condition resulting from abuse or neglect for any adult	17815
who has been determined to need the services and consents to	17816
receive them. These services may include, but are not limited to,	17817
service and support administration, fiscal management, medical,	17818
mental health, home health care, homemaker, legal, and residential	17819
services and the provision of temporary accommodations and	17820
necessities such as food and clothing. The services do not include	17821
acting as a guardian, trustee, or protector as defined in section	17822
5123.55 of the Revised Code. If the provision of residential	17823
services would require expenditures by the department of	17824
developmental disabilities, the board shall obtain the approval of	17825
the department prior to arranging the residential services.	17826

To arrange services, the board shall:

17827

(1) Develop an individualized service plan identifying the	17828
types of services required for the adult, the goals for the	17829
services, and the persons or agencies that will provide them;	17830

(2) In accordance with rules established by the director of	17831
developmental disabilities, obtain the consent of the adult or the	17832
adult's guardian to the provision of any of these services and	17833
obtain the signature of the adult or guardian on the individual	17834
service plan. An adult who has been found incompetent under	17835
Chapter 2111. of the Revised Code may consent to services. If the	17836
board is unable to obtain consent, it may seek, if the adult is	17837
incapacitated, a court order pursuant to section 5126.33 of the	17838
Revised Code authorizing the board to arrange these services.	17839

(D) The board shall ensure that the adult receives the	17840
services arranged by the board from the provider and shall have	17841
the services terminated if the adult withdraws consent.	17842

(E) On completion of a review, the board shall submit a	17843
written report to the registry office established under section	17844
5123.61 of the Revised Code. If the report includes a finding that	17845
a person with ~~mental retardation or~~ a developmental disability is	17846
a victim of action or inaction that may constitute a crime under	17847
federal law or the law of this state, the board shall submit the	17848
report to the law enforcement agency responsible for investigating	17849
the report. Reports prepared under this section are not public	17850
records as defined in section 149.43 of the Revised Code.	17851

Sec. 5126.33. (A) A county board of developmental	17852
disabilities may file a complaint with the probate court of the	17853
county in which an adult with ~~mental retardation or~~ a	17854
developmental disability resides for an order authorizing the	17855
board to arrange services described in division (C) of section	17856
5126.31 of the Revised Code for that adult if the adult is	17857
eligible to receive services or support under section 5126.041 of	17858
the Revised Code and the board has been unable to secure consent.	17859
The complaint shall include:	17860

(1) The name, age, and address of the adult;

17861

(2) Facts describing the nature of the abuse, neglect, or	17862
exploitation and supporting the board's belief that services are	17863
needed;	17864

(3) The types of services proposed by the board, as set forth	17865
in the protective service plan described in division (J) of	17866
section 5126.30 of the Revised Code and filed with the complaint;	17867

(4) Facts showing the board's attempts to obtain the consent	17868
of the adult or the adult's guardian to the services.	17869

(B) The board shall give the adult notice of the filing of	17870
the complaint and in simple and clear language shall inform the	17871
adult of the adult's rights in the hearing under division (C) of	17872
this section and explain the consequences of a court order. This	17873
notice shall be personally served upon all parties, and also shall	17874
be given to the adult's legal counsel, if any, and the legal	17875
rights service. The notice shall be given at least twenty-four	17876
hours prior to the hearing, although the court may waive this	17877
requirement upon a showing that there is a substantial risk that	17878
the adult will suffer immediate physical harm in the twenty-four	17879
hour period and that the board has made reasonable attempts to	17880
give the notice required by this division.	17881

(C) Upon the filing of a complaint for an order under this	17882
section, the court shall hold a hearing at least twenty-four hours	17883
and no later than seventy-two hours after the notice under	17884
division (B) of this section has been given unless the court has	17885
waived the notice. All parties shall have the right to be present	17886
at the hearing, present evidence, and examine and cross-examine	17887
witnesses. The Ohio Rules of Evidence shall apply to a hearing	17888
conducted pursuant to this division. The adult shall be	17889
represented by counsel unless the court finds that the adult has	17890
made a voluntary, informed, and knowing waiver of the right to	17891
counsel. If the adult is indigent, the court shall appoint counsel	17892
to represent the adult. The board shall be represented by the	17893
county prosecutor or an attorney designated by the board.	17894

(D)(1) The court shall issue an order authorizing the board	17895
to arrange the protective services if it finds, on the basis of	17896
clear and convincing evidence, all of the following:	17897

(a) The adult has been abused, neglected, or exploited;

17898

(b) The adult is incapacitated;

17899

(c) There is a substantial risk to the adult of immediate	17900
physical harm or death;	17901

(d) The adult is in need of the services;

17902

(e) No person authorized by law or court order to give	17903
consent for the adult is available or willing to consent to the	17904
services.	17905

(2) The board shall develop a detailed protective service	17906
plan describing the services that the board will provide, or	17907
arrange for the provision of, to the adult to prevent further	17908
abuse, neglect, or exploitation. The board shall submit the plan	17909
to the court for approval. The protective service plan may be	17910
changed only by court order.	17911

(3) In formulating the order, the court shall consider the	17912
individual protective service plan and shall specifically	17913
designate the services that are necessary to deal with the abuse,	17914
neglect, or exploitation or condition resulting from abuse,	17915
neglect, or exploitation and that are available locally, and	17916
authorize the board to arrange for these services only. The court	17917
shall limit the provision of these services to a period not	17918
exceeding six months, renewable for an additional six-month period	17919
on a showing by the board that continuation of the order is	17920
necessary.	17921

(E) If the court finds that all other options for meeting the	17922
adult's needs have been exhausted, it may order that the adult be	17923
removed from the adult's place of residence and placed in another	17924
residential setting. Before issuing that order, the court shall	17925
consider the adult's choice of residence and shall determine that	17926
the new residential setting is the least restrictive alternative	17927
available for meeting the adult's needs and is a place where the	17928
adult can obtain the necessary requirements for daily living in	17929
safety. The court shall not order an adult to a hospital or public	17930
hospital as defined in section 5122.01 or a state institution as	17931
defined in section 5123.01 of the Revised Code.	17932

(F) The court shall not authorize a change in an adult's	17933
placement ordered under division (E) of this section unless it	17934
finds compelling reasons to justify a change. The parties to whom	17935
notice was given in division (B) of this section shall be given	17936
notice of a proposed change at least five working days prior to	17937
the change.	17938

(G) The adult, the board, or any other person who received	17939
notice of the petition may file a motion for modification of the	17940
court order at any time.	17941

(H) The county board shall pay court costs incurred in	17942
proceedings brought pursuant to this section. The adult shall not	17943
be required to pay for court-ordered services.	17944

(I)(1) After the filing of a complaint for an order under	17945
this section, the court, prior to the final disposition, may enter	17946
any temporary order that the court finds necessary to protect the	17947
adult with ~~mental retardation or~~ a developmental disability from	17948
abuse, neglect, or exploitation including, but not limited to, the	17949
following:	17950

(a) A temporary protection order;

17951

(b) An order requiring the evaluation of the adult;

17952

(c) An order requiring a party to vacate the adult's place of	17953
residence or legal settlement, provided that, subject to division	17954
(K)(1)(d) of this section, no operator of a residential facility	17955
licensed by the department may be removed under this division;	17956

(d) In the circumstances described in, and in accordance with	17957
the procedures set forth in, section 5123.191 of the Revised Code,	17958
an order of the type described in that section that appoints a	17959
receiver to take possession of and operate a residential facility	17960
licensed by the department.	17961

(2) The court may grant an ex parte order pursuant to this	17962
division on its own motion or if a party files a written motion or	17963
makes an oral motion requesting the issuance of the order and	17964
stating the reasons for it if it appears to the court that the	17965
best interest and the welfare of the adult require that the court	17966
issue the order immediately. The court, if acting on its own	17967
motion, or the person requesting the granting of an ex parte	17968
order, to the extent possible, shall give notice of its intent or	17969
of the request to all parties, the adult's legal counsel, if any,	17970
and the legal rights service. If the court issues an ex parte	17971
order, the court shall hold a hearing to review the order within	17972
seventy-two hours after it is issued or before the end of the next	17973
day after the day on which it is issued, whichever occurs first.	17974
The court shall give written notice of the hearing to all parties	17975
to the action.	17976

Sec. 5126.333. Any person who has reason to believe that	17977
there is a substantial risk to an adult with ~~mental retardation or~~	17978
a developmental disability of immediate physical harm or death and	17979
that the responsible county board of developmental disabilities	17980
has failed to seek an order pursuant to section 5126.33 or	17981
5126.331 of the Revised Code may notify the department of	17982
developmental disabilities. Within twenty-four hours of receipt of	17983
such notice, the department shall cause an investigation to be	17984
conducted regarding the notice. The department shall provide	17985
assistance to the county board to provide for the health and	17986
safety of the adult as permitted by law.	17987

Sec. 5126.40. (A) Sections 5126.40 to 5126.47 of the Revised	17988
Code do not apply to medicaid-funded supported living.	17989

(B) As used in sections 5126.40 to 5126.47 of the Revised	17990
Code, "provider" means a person or government entity certified by	17991
the director of developmental disabilities to provide supported	17992
living for individuals with ~~mental retardation and~~ developmental	17993
disabilities.	17994

(C) On and after July 1, 1995, each county board shall plan	17995
and develop supported living for individuals with ~~mental~~	17996
~~retardation and~~ developmental disabilities who are residents of	17997
the county in accordance with sections 5126.41 to 5126.47 of the	17998
Revised Code.	17999

Sec. 5126.46. (A) No county board of developmental	18000
disabilities shall be obligated to use any money other than money	18001
in the community developmental disabilities residential services	18002
fund to furnish residential services.	18003

(B) Except with respect to a child required to be provided	18004
services pursuant to section 121.38 of the Revised Code, no court	18005
or other entity of state or local government shall order or	18006
otherwise require a county board of developmental disabilities to	18007
use money from local sources for residential services for an	18008
individual with ~~mental retardation or~~a developmental	18009
~~disabilities~~disability or to arrange for residential services	18010
for such an individual unless a vacancy exists in an appropriate	18011
residential setting within the county.	18012

Sec. 5126.49. The county board of developmental disabilities	18013
may adopt a resolution requesting the board of county	18014
commissioners to implement a residential facility linked deposit	18015
program under sections 5126.51 to 5126.62 of the Revised Code if	18016
the county board of developmental disabilities finds all of the	18017
following:	18018

(A) There is a shortage of residential facilities in the	18019
county for individuals with ~~mental retardation or~~ developmental	18020
disabilities.	18021

(B) Eligible organizations, otherwise willing and able to	18022
develop residential facilities in the county, have been unable to	18023
do so because of high interest rates.	18024

(C) Placement of residential facility linked deposits will	18025
assist in financing the development of residential facilities in	18026
the county that otherwise would not be developed because of high	18027
interest rates.	18028

The board shall transmit a certified copy of the resolution	18029
to the board of county commissioners.	18030

Sec. 5126.52. The general assembly finds that individuals	18031
with ~~mental retardation or~~ developmental disabilities residing in	18032
the state face a shortage of suitable residential facilities; that	18033
loans to finance the development of suitable residential	18034
facilities are subject to high interest rates; that eligible	18035
organizations, otherwise willing and able to develop suitable	18036
residential facilities, are unable to do so because of the high	18037
interest rates; and, consequently, that the shortage of suitable	18038
residential facilities is likely to continue and worsen.	18039

The residential facility linked deposit program, when	18040
implemented in a county, is intended to provide low-cost funds for	18041
lending purposes that will effectively reduce high interest rates	18042
and materially contribute to remedying the shortage of suitable	18043
residential facilities for individuals with ~~mental retardation or~~	18044
developmental disabilities who reside in the county.	18045

Sec. 5126.55. The county board of developmental disabilities	18046
shall review each application filed under section 5126.54 of the	18047
Revised Code and adopt a resolution approving or disapproving	18048
development of the proposed residential facility. The board shall	18049
not approve development of the proposed residential facility	18050
unless it finds, based upon the application and its evaluation of	18051
the applicant, that development of the residential facility is	18052
consistent with its plan and priorities, under section 5126.05 of	18053
the Revised Code, for the provision of residential facilities for	18054
individuals with ~~mental retardation or~~ developmental disabilities	18055
residing in the county.	18056

The resolution shall include specific findings of fact	18057
justifying the approval or disapproval.	18058

The board shall transmit a certified copy of the resolution	18059
to the applicant and to the board of county commissioners.	18060

Sec. 5126.58. The county board of developmental disabilities	18061
shall adopt a resolution approving or disapproving an eligible	18062
organization's application for a residential facility linked	18063
deposit loan. The board shall disapprove an application unless it	18064
finds, based on the application and its evaluation of the	18065
applicant, each of the following:	18066

(A) The applicant has fully complied with sections 5126.54	18067
and 5126.56 of the Revised Code.	18068

(B) Development of the residential facility will materially	18069
contribute to alleviating the shortage of residential facilities	18070
in the county for individuals with ~~mental retardation or~~	18071
developmental disabilities.	18072

(C) The applicant is ready to proceed with development of the	18073
residential facility, but is unable to do so because of high	18074
interest rates.	18075

(D) The board of county commissioners has certified that	18076
public moneys of the county are currently available for placement	18077
of the residential facility linked deposit necessary to provide	18078
low-cost financing to the applicant.	18079

(E) Placement of the residential facility linked deposit,	18080
considered in the aggregate with all other residential facility	18081
linked deposits under the county's residential facility linked	18082
deposit program, will not cause the total amount of the county's	18083
residential facility linked deposits to exceed an amount equal to	18084
ten per cent of the operating budget of the county board of	18085
developmental disabilities for the current year. If placement of	18086
the residential facility linked deposit would cause the total	18087
amount of the county's residential facility linked deposits to	18088
exceed the maximum established by this division, the board may	18089
accept the application but limit the amount of the residential	18090
facility linked deposit accordingly.	18091

The resolution shall include specific findings of fact	18092
justifying acceptance or rejection of the application. If the	18093
board accepts the application, it shall specify the amount of the	18094
residential facility linked deposit in the resolution.	18095

The board shall transmit a certified copy of the resolution	18096
to the applicant, the eligible lending institution, and the	18097
county's investing authority.	18098

Sec. 5139.06. (A) When a child has been committed to the	18099
department of youth services, the department shall do both of the	18100
following:	18101

(1) Place the child in an appropriate institution under the	18102
condition that it considers best designed for the training and	18103
rehabilitation of the child and the protection of the public,	18104
provided that the institutional placement shall be consistent with	18105
the order committing the child to its custody;	18106

(2) Maintain the child in institutional care or institutional	18107
care in a secure facility for the required period of	18108
institutionalization in a manner consistent with division (A)(1)	18109
of section 2152.16 and divisions (A) to (F) of section 2152.17 of	18110
the Revised Code, whichever are applicable, and with section	18111
5139.38 or division (B), (C), or (D) of section 2152.22 of the	18112
Revised Code.	18113

(B) When a child has been committed to the department of	18114
youth services and has not been institutionalized or	18115
institutionalized in a secure facility for the prescribed minimum	18116
period of time, including, but not limited to, a prescribed period	18117
of time under division (A)(1)(a) of section 2152.16 of the Revised	18118
Code, the department, the child, or the child's parent may request	18119
the court that committed the child to order a judicial release to	18120
court supervision or a judicial release to department of youth	18121
services supervision in accordance with division (B), (C), or (D)	18122
of section 2152.22 of the Revised Code, and the child may be	18123
released from institutionalization or institutionalization in a	18124
secure facility in accordance with the applicable division. A	18125
child in those circumstances shall not be released from	18126
institutionalization or institutionalization in a secure facility	18127
except in accordance with section 2152.22 or 5139.38 of the	18128
Revised Code. When a child is released pursuant to a judicial	18129
release to court supervision under division (B) or (D) of section	18130
2152.22 of the Revised Code, the department shall comply with	18131
division (B)(3) of that section and, if the court requests, shall	18132
send the committing court a report on the child's progress in the	18133
institution and recommendations for conditions of supervision by	18134
the court after release. When a child is released pursuant to a	18135
judicial release to department of youth services supervision under	18136
division (C) or (D) of section 2152.22 of the Revised Code, the	18137
department shall comply with division (C)(3) of that section	18138
relative to the child and shall send the committing court and the	18139
juvenile court of the county in which the child is placed a copy	18140
of the treatment and rehabilitation plan described in that	18141
division and the conditions that it fixed. The court of the county	18142
in which the child is placed may adopt the conditions as an order	18143
of the court and may add any additional consistent conditions it	18144
considers appropriate, provided that the court may not add any	18145
condition that decreases the level or degree of supervision	18146
specified by the department in its plan, that substantially	18147
increases the financial burden of supervision that will be	18148
experienced by the department, or that alters the placement	18149
specified by the department in its plan. Any violations of the	18150
conditions of the child's judicial release or early release shall	18151
be handled pursuant to division (E) of section 2152.22 of the	18152
Revised Code.	18153

(C) When a child has been committed to the department of	18154
youth services, the department may do any of the following:	18155

(1) Notwithstanding the provisions of this chapter, Chapter	18156
2151., or Chapter 2152. of the Revised Code that prescribe	18157
required periods of institutionalization, transfer the child to	18158
any other state institution, whenever it appears that the child by	18159
reason of mental illness~~, mental retardation,~~ or other	18160
developmental disability ought to be in another state institution.	18161
Before transferring a child to any other state institution, the	18162
department shall include in the minutes a record of the order of	18163
transfer and the reason for the transfer and, at least seven days	18164
prior to the transfer, shall send a certified copy of the order to	18165
the person shown by its record to have had the care or custody of	18166
the child immediately prior to the child's commitment. Except as	18167
provided in division (C)(2) of this section, no person shall be	18168
transferred from a benevolent institution to a correctional	18169
institution or to a facility or institution operated by the	18170
department of youth services.	18171

(2) Notwithstanding the provisions of this chapter, Chapter	18172
2151., or Chapter 2152. of the Revised Code that prescribe	18173
required periods of institutionalization, transfer the child under	18174
section 5120.162 of the Revised Code to a correctional medical	18175
center established by the department of rehabilitation and	18176
correction, whenever the child has an illness, physical condition,	18177
or other medical problem and it appears that the child would	18178
benefit from diagnosis or treatment at the center for that	18179
illness, condition, or problem. Before transferring a child to a	18180
center, the department of youth services shall include in the	18181
minutes a record of the order of transfer and the reason for the	18182
transfer and, except in emergency situations, at least seven days	18183
prior to the transfer, shall send a certified copy of the order to	18184
the person shown by its records to have had the care or custody of	18185
the child immediately prior to the child's commitment. If the	18186
transfer of the child occurs in an emergency situation, as soon as	18187
possible after the decision is made to make the transfer, the	18188
department of youth services shall send a certified copy of the	18189
order to the person shown by its records to have had the care or	18190
custody of the child immediately prior to the child's commitment.	18191
A transfer under this division shall be in accordance with the	18192
terms of the agreement the department of youth services enters	18193
into with the department of rehabilitation and correction under	18194
section 5120.162 of the Revised Code and shall continue only as	18195
long as the child reasonably appears to receive benefit from	18196
diagnosis or treatment at the center for an illness, physical	18197
condition, or other medical problem.	18198

(3) Revoke or modify any order of the department except an	18199
order of discharge as often as conditions indicate it to be	18200
desirable;	18201

(4) If the child was committed pursuant to division	18202
(A)(1)(b), (c), (d), or (e) of section 2152.16 of the Revised Code	18203
and has been institutionalized or institutionalized in a secure	18204
facility for the prescribed minimum periods of time under the	18205
division pursuant to which the commitment was made, assign the	18206
child to a family home, a group care facility, or other place	18207
maintained under public or private auspices, within or without	18208
this state, for necessary treatment and rehabilitation, the costs	18209
of which may be paid by the department, provided that the	18210
department shall notify the committing court, in writing, of the	18211
place and terms of the assignment at least fifteen days prior to	18212
the scheduled date of the assignment;	18213

(5) Release the child from an institution in accordance with	18214
sections 5139.51 to 5139.54 of the Revised Code in the	18215
circumstances described in those sections.	18216

(D) The department of youth services shall notify the	18217
committing court of any order transferring the physical location	18218
of any child committed to it in accordance with section 5139.35 of	18219
the Revised Code. Upon the discharge from its custody and control,	18220
the department may petition the court for an order terminating its	18221
custody and control.	18222

Sec. 5139.08. The department of youth services may enter	18223
into an agreement with the director of rehabilitation and	18224
correction pursuant to which the department of youth services, in	18225
accordance with division (C)(2) of section 5139.06 and section	18226
5120.162 of the Revised Code, may transfer to a correctional	18227
medical center established by the department of rehabilitation and	18228
correction, children who are within its custody for diagnosis or	18229
treatment of an illness, physical condition, or other medical	18230
problem. The department of youth services may enter into any other	18231
agreements with the director of job and family services, the	18232
director of mental health and addiction services, the director of	18233
developmental disabilities, the director of rehabilitation and	18234
correction, with the courts having probation officers or other	18235
public officials, and with private agencies or institutions for	18236
separate care or special treatment of children subject to the	18237
control of the department of youth services. The department of	18238
youth services may, upon the request of a juvenile court not	18239
having a regular probation officer, provide probation services for	18240
such court.	18241

Upon request by the department of youth services, any public	18242
agency or group care facility established or administered by the	18243
state for the care and treatment of children and youth shall,	18244
consistent with its functions, accept and care for any child whose	18245
custody is vested in the department in the same manner as it would	18246
be required to do if custody had been vested by a court in such	18247
agency or group care facility. If the department has reasonable	18248
grounds to believe that any child or youth whose custody is vested	18249
in it is mentally ill or ~~mentally retarded~~has a developmental	18250
disability that is an intellectual disability, the department may	18251
file an affidavit under section 5122.11 or 5123.76 of the Revised	18252
Code. The department's affidavit for admission of a child or youth	18253
to such institution shall be filed with the probate court of the	18254
county from which the child was committed to the department. Such	18255
court may request the probate court of the county in which the	18256
child is held to conduct the hearing on the application, in which	18257
case the court making such request shall bear the expenses of the	18258
proceeding. If the department files such an affidavit, the child	18259
or youth may be kept in such institution until a final decision on	18260
the affidavit is made by the appropriate court.	18261

Sec. 5139.27. The department of youth services shall adopt	18262
rules prescribing the minimum standards of construction for a	18263
school, forestry camp, or other facility established under section	18264
2151.65 of the Revised Code for which financial assistance may be	18265
granted to assist in defraying the cost of the construction of the	18266
school, forestry camp, or other facility. If an application for	18267
that financial assistance is filed with the department under	18268
section 2151.651 of the Revised Code, and the department finds	18269
that the application is in proper form and the specifications for	18270
the construction of the school, forestry camp, or other facility	18271
meet the minimum standards set forth in the rules adopted by the	18272
department, the department may, from moneys available to it for	18273
granting financial assistance for the construction of schools,	18274
forestry camps, or other facilities established under section	18275
2151.65 of the Revised Code, grant financial assistance to the	18276
county making the application, subject to the approval of the	18277
controlling board, in an amount not to exceed one-half of the	18278
county's share of the cost of construction of the school, forestry	18279
camp, or other facility but not to exceed six thousand five	18280
hundred dollars for each bed unit provided for in the school,	18281
forestry camp, or other facility. As used in this section,	18282
"construction" means the building and the initial equipping of new	18283
structures and, to the extent provided for in rules adopted by the	18284
department, the acquisition, remodeling, and initial equipping of	18285
existing structures, excluding architect's fees and the cost of	18286
land acquisition.	18287

A county that receives financial assistance under this	18288
section shall not be obligated to repay the assistance to the	18289
state unless the school, forestry camp, or other facility for	18290
which the assistance is granted is used within the ten-year period	18291
immediately following its establishment for other than the purpose	18292
of rehabilitating children between the ages of twelve to eighteen	18293
years, other than psychotic ~~or mentally retarded~~ children or	18294
children with developmental disabilities that are intellectual	18295
disabilities, who are designated delinquent children, as defined	18296
in section 2152.02 of the Revised Code, or unruly, as defined in	18297
section 2151.022 of the Revised Code, by order of a juvenile	18298
court. If the department of youth services finds that the school,	18299
forestry camp, or other facility is used for other than that	18300
purpose within that ten-year period, the county shall be obligated	18301
to repay the assistance to the state and, through its board of	18302
county commissioners, may enter into an agreement with the	18303
director of budget and management for the discharge of that	18304
obligation over a period not to exceed ten years in duration.	18305
Whenever a county is obligated to repay that assistance to the	18306
state and its board of county commissioners fails to enter into or	18307
fails to comply with an agreement for the discharge of that	18308
obligation, the tax commissioner, pursuant to section 5747.54 of	18309
the Revised Code, shall withhold from distribution to the county	18310
from the local government fund an amount sufficient to discharge	18311
the county from that obligation to the state.	18312

Sec. 5139.39. The department of youth services, in the	18313
manner provided in this chapter and Chapter 2151. of the Revised	18314
Code, may transfer to a foster care facility certified by the	18315
department of job and family services under section 5103.03 of the	18316
Revised Code, any child committed to it and, in the event of a	18317
transfer of that nature, unless otherwise mutually agreed, the	18318
department of youth services shall bear the cost of care and	18319
services provided for the child in the foster care facility. A	18320
juvenile court may transfer to any foster facility certified by	18321
the department of job and family services any child between twelve	18322
and eighteen years of age, other than a psychotic ~~or mentally~~	18323
~~retarded~~ child or a child with a developmental disability that is	18324
an intellectual disability, who has been designated a delinquent	18325
child and placed on probation by order of the juvenile court as a	18326
result of having violated any law of this state or the United	18327
States or any ordinance of a political subdivision of this state.	18328

Sec. 5139.54. (A) Notwithstanding any other provision for	18329
determining when a child shall be released or discharged from the	18330
legal custody of the department of youth services, including	18331
jurisdictional provisions in section 2152.22 of the Revised Code,	18332
the release authority, for medical reasons, may release a child	18333
upon supervised release or discharge the child from the custody of	18334
the department when any of the following applies:	18335

(1) The child is terminally ill or otherwise in imminent	18336
danger of death.	18337

(2) The child is incapacitated due to injury, disease,	18338
illness, or other medical condition and is no longer a threat to	18339
public safety.	18340

(3) The child appears to be a mentally ill person subject to	18341
court order, as defined in section 5122.01 of the Revised Code, or	18342
a ~~mentally retarded~~ person with an intellectual disability subject	18343
to institutionalization by court order, as defined in section	18344
5123.01 of the Revised Code.	18345

(B) When considering whether to release or discharge a child	18346
under this section for medical reasons, the release authority may	18347
request additional medical information about the child or may ask	18348
the department to conduct additional medical examinations.	18349

(C) The release authority shall determine the appropriate	18350
level of supervised release for a child released under this	18351
section. The terms and conditions of the release may require	18352
periodic medical reevaluations as appropriate. Upon granting a	18353
release or discharge under this section, the release authority	18354
shall give notice of the release and its terms and conditions or	18355
of the discharge to the court that committed the child to the	18356
custody of the department.	18357

(D) The release authority shall submit annually to the	18358
director of youth services a report that includes all of the	18359
following information for the previous calendar year:	18360

(1) The number of children the release authority considered	18361
for medical release or discharge;	18362

(2) The nature of the injury, disease, illness, or other	18363
medical condition of each child considered for medical release or	18364
discharge;	18365

(3) The decision made by the release authority for each	18366
child, including the reasons for denying medical release or	18367
discharge or for granting it;	18368

(4) The number of children on medical release who were	18369
returned to a secure facility or whose supervised release was	18370
revoked.	18371

Sec. 5164.25. The departments of developmental disabilities	18372
and medicaid may approve, reduce, deny, or terminate a medicaid	18373
service included in the individualized service plan developed for	18374
a medicaid recipient with ~~mental retardation or other~~a	18375
developmental disability who is eligible for medicaid case	18376
management services. If either department approves, reduces,	18377
denies, or terminates a service, that department shall timely	18378
notify the medicaid recipient that the recipient may appeal	18379
pursuant to section 5160.31 of the Revised Code.	18380

Sec. 5164.342. (A) As used in this section:

18381

"Applicant" means a person who is under final consideration	18382
for employment with a waiver agency in a full-time, part-time, or	18383
temporary position that involves providing home and	18384
community-based services.	18385

"Community-based long-term care provider" means a provider as	18386
defined in section 173.39 of the Revised Code.	18387

"Community-based long-term care subcontractor" means a	18388
subcontractor as defined in section 173.38 of the Revised Code.	18389

"Criminal records check" has the same meaning as in section	18390
109.572 of the Revised Code.	18391

"Disqualifying offense" means any of the offenses listed or	18392
described in divisions (A)(3)(a) to (e) of section 109.572 of the	18393
Revised Code.	18394

"Employee" means a person employed by a waiver agency in a	18395
full-time, part-time, or temporary position that involves	18396
providing home and community-based services.	18397

"Waiver agency" means a person or government entity that	18398
provides home and community-based services under a home and	18399
community-based services medicaid waiver component administered by	18400
the department of medicaid, other than such a person or government	18401
entity that is certified under the medicare program. "Waiver	18402
agency" does not mean an independent provider as defined in	18403
section 5164.341 of the Revised Code.	18404

(B) This section does not apply to any individual who is	18405
subject to a database review or criminal records check under	18406
section 3701.881 of the Revised Code. If a waiver agency also is a	18407
community-based long-term care provider or community-based	18408
long-term care subcontractor, the waiver agency may provide for	18409
applicants and employees to undergo database reviews and criminal	18410
records checks in accordance with section 173.38 of the Revised	18411
Code rather than this section.	18412

(C) No waiver agency shall employ an applicant or continue to	18413
employ an employee in a position that involves providing home and	18414
community-based services if any of the following apply:	18415

(1) A review of the databases listed in division (E) of this	18416
section reveals any of the following:	18417

(a) That the applicant or employee is included in one or more	18418
of the databases listed in divisions (E)(1) to (5) of this	18419
section;	18420

(b) That there is in the state nurse aide registry	18421
established under section 3721.32 of the Revised Code a statement	18422
detailing findings by the director of health that the applicant or	18423
employee neglected or abused a long-term care facility or	18424
residential care facility resident or misappropriated property of	18425
such a resident;	18426

(c) That the applicant or employee is included in one or more	18427
of the databases, if any, specified in rules authorized by this	18428
section and the rules prohibit the waiver agency from employing an	18429
applicant or continuing to employ an employee included in such a	18430
database in a position that involves providing home and	18431
community-based services.	18432

(2) After the applicant or employee is given the information	18433
and notification required by divisions (F)(2)(a) and (b) of this	18434
section, the applicant or employee fails to do either of the	18435
following:	18436

(a) Access, complete, or forward to the superintendent of the	18437
bureau of criminal identification and investigation the form	18438
prescribed to division (C)(1) of section 109.572 of the Revised	18439
Code or the standard impression sheet prescribed pursuant to	18440
division (C)(2) of that section;	18441

(b) Instruct the superintendent to submit the completed	18442
report of the criminal records check required by this section	18443
directly to the chief administrator of the waiver agency.	18444

(3) Except as provided in rules authorized by this section,	18445
the applicant or employee is found by a criminal records check	18446
required by this section to have been convicted of or have pleaded	18447
guilty to a disqualifying offense, regardless of the date of the	18448
conviction or date of entry of the guilty plea.	18449

(D) At the time of each applicant's initial application for	18450
employment in a position that involves providing home and	18451
community-based services, the chief administrator of a waiver	18452
agency shall inform the applicant of both of the following:	18453

(1) That a review of the databases listed in division (E) of	18454
this section will be conducted to determine whether the waiver	18455
agency is prohibited by division (C)(1) of this section from	18456
employing the applicant in the position;	18457

(2) That, unless the database review reveals that the	18458
applicant may not be employed in the position, a criminal records	18459
check of the applicant will be conducted and the applicant is	18460
required to provide a set of the applicant's fingerprint	18461
impressions as part of the criminal records check.	18462

(E) As a condition of employing any applicant in a position	18463
that involves providing home and community-based services, the	18464
chief administrator of a waiver agency shall conduct a database	18465
review of the applicant in accordance with rules authorized by	18466
this section. If rules authorized by this section so require, the	18467
chief administrator of a waiver agency shall conduct a database	18468
review of an employee in accordance with the rules as a condition	18469
of continuing to employ the employee in a position that involves	18470
providing home and community-based services. A database review	18471
shall determine whether the applicant or employee is included in	18472
any of the following:	18473

(1) The excluded parties list system that is maintained by	18474
the United States general services administration pursuant to	18475
subpart 9.4 of the federal acquisition regulation and available at	18476
the federal web site known as the system for award management;	18477

(2) The list of excluded individuals and entities maintained	18478
by the office of inspector general in the United States department	18479
of health and human services pursuant to the "Social Security	18480
Act," sections 1128 and 1156, 42 U.S.C. 1320a-7 and 1320c-5;	18481

(3) The registry of ~~MR/DD~~developmental disabilities	18482
employees established under section 5123.52 of the Revised Code;	18483

(4) The internet-based sex offender and child-victim offender	18484
database established under division (A)(11) of section 2950.13 of	18485
the Revised Code;	18486

(5) The internet-based database of inmates established under	18487
section 5120.66 of the Revised Code;	18488

(6) The state nurse aide registry established under section	18489
3721.32 of the Revised Code;	18490

(7) Any other database, if any, specified in rules authorized	18491
by this section.	18492

(F)(1) As a condition of employing any applicant in a	18493
position that involves providing home and community-based	18494
services, the chief administrator of a waiver agency shall require	18495
the applicant to request that the superintendent of the bureau of	18496
criminal identification and investigation conduct a criminal	18497
records check of the applicant. If rules authorized by this	18498
section so require, the chief administrator of a waiver agency	18499
shall require an employee to request that the superintendent	18500
conduct a criminal records check of the employee at times	18501
specified in the rules as a condition of continuing to employ the	18502
employee in a position that involves providing home and	18503
community-based services. However, a criminal records check is not	18504
required for an applicant or employee if the waiver agency is	18505
prohibited by division (C)(1) of this section from employing the	18506
applicant or continuing to employ the employee in a position that	18507
involves providing home and community-based services. If an	18508
applicant or employee for whom a criminal records check request is	18509
required by this section does not present proof of having been a	18510
resident of this state for the five-year period immediately prior	18511
to the date the criminal records check is requested or provide	18512
evidence that within that five-year period the superintendent has	18513
requested information about the applicant or employee from the	18514
federal bureau of investigation in a criminal records check, the	18515
chief administrator shall require the applicant or employee to	18516
request that the superintendent obtain information from the	18517
federal bureau of investigation as part of the criminal records	18518
check. Even if an applicant or employee for whom a criminal	18519
records check request is required by this section presents proof	18520
of having been a resident of this state for the five-year period,	18521
the chief administrator may require the applicant or employee to	18522
request that the superintendent include information from the	18523
federal bureau of investigation in the criminal records check.	18524

(2) The chief administrator shall provide the following to	18525
each applicant and employee for whom a criminal records check is	18526
required by this section:	18527

(a) Information about accessing, completing, and forwarding	18528
to the superintendent of the bureau of criminal identification and	18529
investigation the form prescribed pursuant to division (C)(1) of	18530
section 109.572 of the Revised Code and the standard impression	18531
sheet prescribed pursuant to division (C)(2) of that section;	18532

(b) Written notification that the applicant or employee is to	18533
instruct the superintendent to submit the completed report of the	18534
criminal records check directly to the chief administrator.	18535

(3) A waiver agency shall pay to the bureau of criminal	18536
identification and investigation the fee prescribed pursuant to	18537
division (C)(3) of section 109.572 of the Revised Code for any	18538
criminal records check required by this section. However, a waiver	18539
agency may require an applicant to pay to the bureau the fee for a	18540
criminal records check of the applicant. If the waiver agency pays	18541
the fee for an applicant, it may charge the applicant a fee not	18542
exceeding the amount the waiver agency pays to the bureau under	18543
this section if the waiver agency notifies the applicant at the	18544
time of initial application for employment of the amount of the	18545
fee and that, unless the fee is paid, the applicant will not be	18546
considered for employment.	18547

(G)(1) A waiver agency may employ conditionally an applicant	18548
for whom a criminal records check is required by this section	18549
prior to obtaining the results of the criminal records check if	18550
both of the following apply:	18551

(a) The waiver agency is not prohibited by division (C)(1) of	18552
this section from employing the applicant in a position that	18553
involves providing home and community-based services.	18554

(b) The chief administrator of the waiver agency requires the	18555
applicant to request a criminal records check regarding the	18556
applicant in accordance with division (F)(1) of this section not	18557
later than five business days after the applicant begins	18558
conditional employment.	18559

(2) A waiver agency that employs an applicant conditionally	18560
under division (G)(1) of this section shall terminate the	18561
applicant's employment if the results of the criminal records	18562
check, other than the results of any request for information from	18563
the federal bureau of investigation, are not obtained within the	18564
period ending sixty days after the date the request for the	18565
criminal records check is made. Regardless of when the results of	18566
the criminal records check are obtained, if the results indicate	18567
that the applicant has been convicted of or has pleaded guilty to	18568
a disqualifying offense, the waiver agency shall terminate the	18569
applicant's employment unless circumstances specified in rules	18570
authorized by this section exist that permit the waiver agency to	18571
employ the applicant and the waiver agency chooses to employ the	18572
applicant.	18573

(H) The report of any criminal records check conducted	18574
pursuant to a request made under this section is not a public	18575
record for the purposes of section 149.43 of the Revised Code and	18576
shall not be made available to any person other than the	18577
following:	18578

(1) The applicant or employee who is the subject of the	18579
criminal records check or the representative of the applicant or	18580
employee;	18581

(2) The chief administrator of the waiver agency that	18582
requires the applicant or employee to request the criminal records	18583
check or the administrator's representative;	18584

(3) The medicaid director and the staff of the department who	18585
are involved in the administration of the medicaid program;	18586

(4) The director of aging or the director's designee if the	18587
waiver agency also is a community-based long-term care provider or	18588
community-based long-term care subcontractor;	18589

(5) An individual receiving or deciding whether to receive	18590
home and community-based services from the subject of the criminal	18591
records check;	18592

(6) A court, hearing officer, or other necessary individual	18593
involved in a case dealing with any of the following:	18594

(a) A denial of employment of the applicant or employee;

18595

(b) Employment or unemployment benefits of the applicant or	18596
employee;	18597

(c) A civil or criminal action regarding the medicaid	18598
program.	18599

(I) The medicaid director shall adopt rules under section	18600
5164.02 of the Revised Code to implement this section.	18601

(1) The rules may do the following:

18602

(a) Require employees to undergo database reviews and	18603
criminal records checks under this section;	18604

(b) If the rules require employees to undergo database	18605
reviews and criminal records checks under this section, exempt one	18606
or more classes of employees from the requirements;	18607

(c) For the purpose of division (E)(7) of this section,	18608
specify other databases that are to be checked as part of a	18609
database review conducted under this section.	18610

(2) The rules shall specify all of the following:

18611

(a) The procedures for conducting a database review under	18612
this section;	18613

(b) If the rules require employees to undergo database	18614
reviews and criminal records checks under this section, the times	18615
at which the database reviews and criminal records checks are to	18616
be conducted;	18617

(c) If the rules specify other databases to be checked as	18618
part of a database review, the circumstances under which a waiver	18619
agency is prohibited from employing an applicant or continuing to	18620
employ an employee who is found by the database review to be	18621
included in one or more of those databases;	18622

(d) The circumstances under which a waiver agency may employ	18623
an applicant or employee who is found by a criminal records check	18624
required by this section to have been convicted of or have pleaded	18625
guilty to a disqualifying offense.	18626

(J) The amendments made by H.B. 487 of the 129th general	18627
assembly to this section do not preclude the department of	18628
medicaid from taking action against a person for failure to comply	18629
with former division (H) of this section as that division existed	18630
on the day preceding January 1, 2013.	18631

Sec. 5164.881. The medicaid director, in consultation with	18632
the director of developmental disabilities, may develop and	18633
implement within the medicaid program a system under which	18634
eligible individuals with chronic conditions, as defined in the	18635
"Social Security Act," section 1945 (h)(1), 42 U.S.C.	18636
1396w-4(h)(1), who also have ~~mental retardation or other~~	18637
developmental disabilities may receive health home services, as	18638
defined in the "Social Security Act," section 1945 (h)(4), 42	18639
U.S.C. 1396w-4(h)(4). Any such system shall focus on the needs of	18640
individuals and have as its goal improving services and outcomes	18641
under the medicaid program by improving integration of long-term	18642
care services and supportive services with primary and acute	18643
health care services.	18644

In developing any system under this section, the directors	18645
shall consult with representatives of county boards of	18646
developmental disabilities, the Ohio provider resource	18647
association, and the arc of Ohio. The directors may consult with	18648
any other individuals or entities that have an interest in the	18649
well being of individuals with developmental disabilities.	18650

Sec. 5165.01. As used in this chapter:

18651

(A) "Affiliated operator" means an operator affiliated with	18652
either of the following:	18653

(1) The exiting operator for whom the affiliated operator is	18654
to assume liability for the entire amount of the exiting	18655
operator's debt under the medicaid program or the portion of the	18656
debt that represents the franchise permit fee the exiting operator	18657
owes;	18658

(2) The entering operator involved in the change of operator	18659
with the exiting operator specified in division (A)(1) of this	18660
section.	18661

(B) "Allowable costs" are a nursing facility's costs that the	18662
department of medicaid determines are reasonable. Fines paid under	18663
sections 5165.60 to 5165.89 and section 5165.99 of the Revised	18664
Code are not allowable costs.	18665

(C) "Ancillary and support costs" means all reasonable costs	18666
incurred by a nursing facility other than direct care costs, tax	18667
costs, or capital costs. "Ancillary and support costs" includes,	18668
but is not limited to, costs of activities, social services,	18669
pharmacy consultants, habilitation supervisors, qualified ~~mental~~	18670
~~retardation~~intellectual disability professionals, program	18671
directors, medical and habilitation records, program supplies,	18672
incontinence supplies, food, enterals, dietary supplies and	18673
personnel, laundry, housekeeping, security, administration,	18674
medical equipment, utilities, liability insurance, bookkeeping,	18675
purchasing department, human resources, communications, travel,	18676
dues, license fees, subscriptions, home office costs not otherwise	18677
allocated, legal services, accounting services, minor equipment,	18678
maintenance and repairs, help-wanted advertising, informational	18679
advertising, start-up costs, organizational expenses, other	18680
interest, property insurance, employee training and staff	18681
development, employee benefits, payroll taxes, and workers'	18682
compensation premiums or costs for self-insurance claims and	18683
related costs as specified in rules adopted under section 5165.02	18684
of the Revised Code, for personnel listed in this division.	18685
"Ancillary and support costs" also means the cost of equipment,	18686
including vehicles, acquired by operating lease executed before	18687
December 1, 1992, if the costs are reported as administrative and	18688
general costs on the nursing facility's cost report for the cost	18689
reporting period ending December 31, 1992.	18690

(D)(1) "Capital costs" means the actual expense incurred by a	18691
nursing facility for all of the following:	18692

(a) Depreciation and interest on any capital assets that cost	18693
five hundred dollars or more per item, including the following:	18694

(i) Buildings;

18695

(ii) Building improvements;

18696

(iii) Except as provided in division (C) of this section,	18697
equipment;	18698

(iv) Transportation equipment.

18699

(b) Amortization and interest on land improvements and	18700
leasehold improvements;	18701

18702

(d) Lease and rent of land, buildings, and equipment.

18703

(2) The costs of capital assets of less than five hundred	18704
dollars per item may be considered capital costs in accordance	18705
with a provider's practice.	18706

(E) "Capital lease" and "operating lease" shall be construed	18707
in accordance with generally accepted accounting principles.	18708

(F) "Case-mix score" means a measure determined under section	18709
5165.192 of the Revised Code of the relative direct-care resources	18710
needed to provide care and habilitation to a nursing facility	18711
resident.	18712

(G) "Change of operator" means an entering operator becoming	18713
the operator of a nursing facility in the place of the exiting	18714
operator.	18715

(1) Actions that constitute a change of operator include the	18716
following:	18717

(a) A change in an exiting operator's form of legal	18718
organization, including the formation of a partnership or	18719
corporation from a sole proprietorship;	18720

(b) A transfer of all the exiting operator's ownership	18721
interest in the operation of the nursing facility to the entering	18722
operator, regardless of whether ownership of any or all of the	18723
real property or personal property associated with the nursing	18724
facility is also transferred;	18725

(c) A lease of the nursing facility to the entering operator	18726
or the exiting operator's termination of the exiting operator's	18727
lease;	18728

(d) If the exiting operator is a partnership, dissolution of	18729
the partnership;	18730

(e) If the exiting operator is a partnership, a change in	18731
composition of the partnership unless both of the following apply:	18732

(i) The change in composition does not cause the	18733
partnership's dissolution under state law.	18734

(ii) The partners agree that the change in composition does	18735
not constitute a change in operator.	18736

(f) If the operator is a corporation, dissolution of the	18737
corporation, a merger of the corporation into another corporation	18738
that is the survivor of the merger, or a consolidation of one or	18739
more other corporations to form a new corporation.	18740

(2) The following, alone, do not constitute a change of	18741
operator:	18742

(a) A contract for an entity to manage a nursing facility as	18743
the operator's agent, subject to the operator's approval of daily	18744
operating and management decisions;	18745

(b) A change of ownership, lease, or termination of a lease	18746
of real property or personal property associated with a nursing	18747
facility if an entering operator does not become the operator in	18748
place of an exiting operator;	18749

(c) If the operator is a corporation, a change of one or more	18750
members of the corporation's governing body or transfer of	18751
ownership of one or more shares of the corporation's stock, if the	18752
same corporation continues to be the operator.	18753

(H) "Cost center" means the following:

18754

(1) Ancillary and support costs;

18755

(2) Capital costs;

18756

(3) Direct care costs;

18757

(4) Tax costs.

18758

(I) "Custom wheelchair" means a wheelchair to which both of	18759
the following apply:	18760

(1) It has been measured, fitted, or adapted in consideration	18761
of either of the following:	18762

(a) The body size or disability of the individual who is to	18763
use the wheelchair;	18764

(b) The individual's period of need for, or intended use of,	18765
the wheelchair.	18766

(2) It has customized features, modifications, or components,	18767
such as adaptive seating and positioning systems, that the	18768
supplier who assembled the wheelchair, or the manufacturer from	18769
which the wheelchair was ordered, added or made in accordance with	18770
the instructions of the physician of the individual who is to use	18771
the wheelchair.	18772

(J)(1) "Date of licensure" means the following:

18773

(a) In the case of a nursing facility that was required by	18774
law to be licensed as a nursing home under Chapter 3721. of the	18775
Revised Code when it originally began to be operated as a nursing	18776
home, the date the nursing facility was originally so licensed;	18777

(b) In the case of a nursing facility that was not required	18778
by law to be licensed as a nursing home when it originally began	18779
to be operated as a nursing home, the date it first began to be	18780
operated as a nursing home, regardless of the date the nursing	18781
facility was first licensed as a nursing home.	18782

(2) If, after a nursing facility's original date of	18783
licensure, more nursing home beds are added to the nursing	18784
facility, the nursing facility has a different date of licensure	18785
for the additional beds. This does not apply, however, to	18786
additional beds when both of the following apply:	18787

(a) The additional beds are located in a part of the nursing	18788
facility that was constructed at the same time as the continuing	18789
beds already located in that part of the nursing facility;	18790

(b) The part of the nursing facility in which the additional	18791
beds are located was constructed as part of the nursing facility	18792
at a time when the nursing facility was not required by law to be	18793
licensed as a nursing home.	18794

(3) The definition of "date of licensure" in this section	18795
applies in determinations of nursing facilities' medicaid payment	18796
rates but does not apply in determinations of nursing facilities'	18797
franchise permit fees.	18798

(K) "Desk-reviewed" means that a nursing facility's costs as	18799
reported on a cost report submitted under section 5165.10 of the	18800
Revised Code have been subjected to a desk review under section	18801
5165.108 of the Revised Code and preliminarily determined to be	18802
allowable costs.	18803

(L) "Direct care costs" means all of the following costs	18804
incurred by a nursing facility:	18805

(1) Costs for registered nurses, licensed practical nurses,	18806
and nurse aides employed by the nursing facility;	18807

(2) Costs for direct care staff, administrative nursing	18808
staff, medical directors, respiratory therapists, and except as	18809
provided in division (L)(8) of this section, other persons holding	18810
degrees qualifying them to provide therapy;	18811

(3) Costs of purchased nursing services;

18812

(4) Costs of quality assurance;

18813

(5) Costs of training and staff development, employee	18814
benefits, payroll taxes, and workers' compensation premiums or	18815
costs for self-insurance claims and related costs as specified in	18816
rules adopted under section 5165.02 of the Revised Code, for	18817
personnel listed in divisions (L)(1), (2), (4), and (8) of this	18818
section;	18819

(6) Costs of consulting and management fees related to direct	18820
care;	18821

(7) Allocated direct care home office costs;

18822

(8) Costs of habilitation staff (other than habilitation	18823
supervisors), medical supplies, emergency oxygen, over-the-counter	18824
pharmacy products, behavioral and mental health services, physical	18825
therapists, physical therapy assistants, occupational therapists,	18826
occupational therapy assistants, speech therapists, audiologists,	18827
habilitation supplies, and universal precautions supplies;	18828

(9) Until January 1, 2014, costs of oxygen, wheelchairs, and	18829
resident transportation;	18830

(10) Beginning January 1, 2014, costs of both of the	18831
following:	18832

(a) Emergency oxygen;

18833

(b) Wheelchairs other than the following:

18834

(i) Custom wheelchairs;

18835

(ii) Repairs to and replacements of custom wheelchairs and	18836
parts that are made in accordance with the instructions of the	18837
physician of the individual who uses the custom wheelchair.	18838

(11) Costs of other direct-care resources that are specified	18839
as direct care costs in rules adopted under section 5165.02 of the	18840
Revised Code.	18841

(M) "Dual eligible individual" has the same meaning as in	18842
section 5160.01 of the Revised Code.	18843

(N) "Effective date of a change of operator" means the day	18844
the entering operator becomes the operator of the nursing	18845
facility.	18846

(O) "Effective date of a facility closure" means the last day	18847
that the last of the residents of the nursing facility resides in	18848
the nursing facility.	18849

(P) "Effective date of an involuntary termination" means the	18850
date the department of medicaid terminates the operator's provider	18851
agreement for the nursing facility.	18852

(Q) "Effective date of a voluntary withdrawal of	18853
participation" means the day the nursing facility ceases to accept	18854
new medicaid residents other than the individuals who reside in	18855
the nursing facility on the day before the effective date of the	18856
voluntary withdrawal of participation.	18857

(R) "Entering operator" means the person or government entity	18858
that will become the operator of a nursing facility when a change	18859
of operator occurs or following an involuntary termination.	18860

(S) "Exiting operator" means any of the following:

18861

(1) An operator that will cease to be the operator of a	18862
nursing facility on the effective date of a change of operator;	18863

(2) An operator that will cease to be the operator of a	18864
nursing facility on the effective date of a facility closure;	18865

(3) An operator of a nursing facility that is undergoing or	18866
has undergone a voluntary withdrawal of participation;	18867

(4) An operator of a nursing facility that is undergoing or	18868
has undergone an involuntary termination.	18869

(T)(1) Subject to divisions (T)(2) and (3) of this section,	18870
"facility closure" means either of the following:	18871

(a) Discontinuance of the use of the building, or part of the	18872
building, that houses the facility as a nursing facility that	18873
results in the relocation of all of the nursing facility's	18874
residents;	18875

(b) Conversion of the building, or part of the building, that	18876
houses a nursing facility to a different use with any necessary	18877
license or other approval needed for that use being obtained and	18878
one or more of the nursing facility's residents remaining in the	18879
building, or part of the building, to receive services under the	18880
new use.	18881

(2) A facility closure occurs regardless of any of the	18882
following:	18883

(a) The operator completely or partially replacing the	18884
nursing facility by constructing a new nursing facility or	18885
transferring the nursing facility's license to another nursing	18886
facility;	18887

(b) The nursing facility's residents relocating to another of	18888
the operator's nursing facilities;	18889

(c) Any action the department of health takes regarding the	18890
nursing facility's medicaid certification that may result in the	18891
transfer of part of the nursing facility's survey findings to	18892
another of the operator's nursing facilities;	18893

(d) Any action the department of health takes regarding the	18894
nursing facility's license under Chapter 3721. of the Revised	18895
Code.	18896

(3) A facility closure does not occur if all of the nursing	18897
facility's residents are relocated due to an emergency evacuation	18898
and one or more of the residents return to a medicaid-certified	18899
bed in the nursing facility not later than thirty days after the	18900
evacuation occurs.	18901

(U) "Fiscal year" means the fiscal year of this state, as	18902
specified in section 9.34 of the Revised Code.	18903

(V) "Franchise permit fee" means the fee imposed by sections	18904
5168.40 to 5168.56 of the Revised Code.	18905

(W) "Inpatient days" means both of the following:

18906

(1) All days during which a resident, regardless of payment	18907
source, occupies a bed in a nursing facility that is included in	18908
the nursing facility's medicaid-certified capacity;	18909

(2) Fifty per cent of the days for which payment is made	18910
under section 5165.34 of the Revised Code.	18911

(X) "Involuntary termination" means the department of	18912
medicaid's termination of the operator's provider agreement for	18913
the nursing facility when the termination is not taken at the	18914
operator's request.	18915

(Y) "Low resource utilization resident" means a medicaid	18916
recipient residing in a nursing facility who, for purposes of	18917
calculating the nursing facility's medicaid payment rate for	18918
direct care costs, is placed in either of the two lowest resource	18919
utilization groups, excluding any resource utilization group that	18920
is a default group used for residents with incomplete assessment	18921
data.	18922

(Z) "Maintenance and repair expenses" means a nursing	18923
facility's expenditures that are necessary and proper to maintain	18924
an asset in a normally efficient working condition and that do not	18925
extend the useful life of the asset two years or more.	18926
"Maintenance and repair expenses" includes but is not limited to	18927
the costs of ordinary repairs such as painting and wallpapering.	18928

(AA) "Medicaid-certified capacity" means the number of a	18929
nursing facility's beds that are certified for participation in	18930
medicaid as nursing facility beds.	18931

(BB) "Medicaid days" means both of the following:

18932

(1) All days during which a resident who is a medicaid	18933
recipient eligible for nursing facility services occupies a bed in	18934
a nursing facility that is included in the nursing facility's	18935
medicaid-certified capacity;	18936

(2) Fifty per cent of the days for which payment is made	18937
under section 5165.34 of the Revised Code.	18938

(CC)(1) "New nursing facility" means a nursing facility for	18939
which the provider obtains an initial provider agreement following	18940
medicaid certification of the nursing facility by the director of	18941
health, including such a nursing facility that replaces one or	18942
more nursing facilities for which a provider previously held a	18943
provider agreement.	18944

(2) "New nursing facility" does not mean a nursing facility	18945
for which the entering operator seeks a provider agreement	18946
pursuant to section 5165.511 or 5165.512 or (pursuant to section	18947
5165.515) section 5165.07 of the Revised Code.	18948

(DD) "Nursing facility" has the same meaning as in the	18949
"Social Security Act," section 1919(a), 42 U.S.C. 1396r(a).	18950

(EE) "Nursing facility services" has the same meaning as in	18951
the "Social Security Act," section 1905(f), 42 U.S.C. 1396d(f).	18952

(FF) "Nursing home" has the same meaning as in section	18953
3721.01 of the Revised Code.	18954

(GG) "Operator" means the person or government entity	18955
responsible for the daily operating and management decisions for a	18956
nursing facility.	18957

(HH)(1) "Owner" means any person or government entity that	18958
has at least five per cent ownership or interest, either directly,	18959
indirectly, or in any combination, in any of the following	18960
regarding a nursing facility:	18961

(a) The land on which the nursing facility is located;

18962

(b) The structure in which the nursing facility is located;

18963

(c) Any mortgage, contract for deed, or other obligation	18964
secured in whole or in part by the land or structure on or in	18965
which the nursing facility is located;	18966

(d) Any lease or sublease of the land or structure on or in	18967
which the nursing facility is located.	18968

(2) "Owner" does not mean a holder of a debenture or bond	18969
related to the nursing facility and purchased at public issue or a	18970
regulated lender that has made a loan related to the nursing	18971
facility unless the holder or lender operates the nursing facility	18972
directly or through a subsidiary.	18973

(II) "Per diem" means a nursing facility's actual, allowable	18974
costs in a given cost center in a cost reporting period, divided	18975
by the nursing facility's inpatient days for that cost reporting	18976
period.	18977

(JJ) "Provider" means an operator with a provider agreement.

18978

(KK) "Provider agreement" means a provider agreement, as	18979
defined in section 5164.01 of the Revised Code, that is between	18980
the department of medicaid and the operator of a nursing facility	18981
for the provision of nursing facility services under the medicaid	18982
program.	18983

(LL) "Purchased nursing services" means services that are	18984
provided in a nursing facility by registered nurses, licensed	18985
practical nurses, or nurse aides who are not employees of the	18986
nursing facility.	18987

(MM) "Reasonable" means that a cost is an actual cost that is	18988
appropriate and helpful to develop and maintain the operation of	18989
patient care facilities and activities, including normal standby	18990
costs, and that does not exceed what a prudent buyer pays for a	18991
given item or services. Reasonable costs may vary from provider to	18992
provider and from time to time for the same provider.	18993

(NN) "Related party" means an individual or organization	18994
that, to a significant extent, has common ownership with, is	18995
associated or affiliated with, has control of, or is controlled	18996
by, the provider.	18997

(1) An individual who is a relative of an owner is a related	18998
party.	18999

(2) Common ownership exists when an individual or individuals	19000
possess significant ownership or equity in both the provider and	19001
the other organization. Significant ownership or equity exists	19002
when an individual or individuals possess five per cent ownership	19003
or equity in both the provider and a supplier. Significant	19004
ownership or equity is presumed to exist when an individual or	19005
individuals possess ten per cent ownership or equity in both the	19006
provider and another organization from which the provider	19007
purchases or leases real property.	19008

(3) Control exists when an individual or organization has the	19009
power, directly or indirectly, to significantly influence or	19010
direct the actions or policies of an organization.	19011

(4) An individual or organization that supplies goods or	19012
services to a provider shall not be considered a related party if	19013
all of the following conditions are met:	19014

(a) The supplier is a separate bona fide organization.

19015

(b) A substantial part of the supplier's business activity of	19016
the type carried on with the provider is transacted with others	19017
than the provider and there is an open, competitive market for the	19018
types of goods or services the supplier furnishes.	19019

(c) The types of goods or services are commonly obtained by	19020
other nursing facilities from outside organizations and are not a	19021
basic element of patient care ordinarily furnished directly to	19022
patients by nursing facilities.	19023

(d) The charge to the provider is in line with the charge for	19024
the goods or services in the open market and no more than the	19025
charge made under comparable circumstances to others by the	19026
supplier.	19027

(OO) "Relative of owner" means an individual who is related	19028
to an owner of a nursing facility by one of the following	19029
relationships:	19030

(1) Spouse;

19031

(2) Natural parent, child, or sibling;

19032

(3) Adopted parent, child, or sibling;

19033

(4) Stepparent, stepchild, stepbrother, or stepsister;

19034

(5) Father-in-law, mother-in-law, son-in-law,	19035
daughter-in-law, brother-in-law, or sister-in-law;	19036

(6) Grandparent or grandchild;

19037

(7) Foster caregiver, foster child, foster brother, or foster	19038
sister.	19039

(PP) "Residents' rights advocate" has the same meaning as in	19040
section 3721.10 of the Revised Code.	19041

(QQ) "Skilled nursing facility" has the same meaning as in	19042
the "Social Security Act," section 1819(a), 42 U.S.C. 1395i-3(a).	19043

(RR) "Sponsor" has the same meaning as in section 3721.10 of	19044
the Revised Code.	19045

(SS) "Tax costs" means the costs of taxes imposed under	19046
Chapter 5751. of the Revised Code, real estate taxes, personal	19047
property taxes, and corporate franchise taxes.	19048

(TT) "Title XIX" means Title XIX of the "Social Security	19049
Act," 42 U.S.C. 1396 et seq.	19050

(UU) "Title XVIII" means Title XVIII of the "Social Security	19051
Act," 42 U.S.C. 1395 et seq.	19052

(VV) "Voluntary withdrawal of participation" means an	19053
operator's voluntary election to terminate the participation of a	19054
nursing facility in the medicaid program but to continue to	19055
provide service of the type provided by a nursing facility.	19056

Sec. 5166.20. (A) The department of medicaid may create the	19057
following:	19058

(1) One or more medicaid waiver components under which home	19059
and community-based services are provided to individuals with	19060
~~mental retardation or other~~ developmental ~~disability~~disabilities	19061
as an alternative to placement in ICFs/IID;	19062

(2) One or more medicaid waiver components under which home	19063
and community-based services are provided in the form of any of	19064
the following:	19065

(a) Early intervention and supportive services for children	19066
under three years of age who have developmental delays or	19067
disabilities the department determines are significant;	19068

(b) Therapeutic services for children who have autism;

19069

(c) Specialized habilitative services for individuals who are	19070
eighteen years of age or older and have autism.	19071

(B) No medicaid waiver component created pursuant to division	19072
(A)(2)(b) or (c) of this section shall provide services that are	19073
available under another medicaid waiver component. No medicaid	19074
waiver component created pursuant to division (A)(2)(b) of this	19075
section shall provide services to an individual that the	19076
individual is eligible to receive through an individualized	19077
education program as defined in section 3323.01 of the Revised	19078
Code.	19079

(C) The director of developmental disabilities and director	19080
of health may request that the department of medicaid create one	19081
or more medicaid waiver components under this section.	19082

(D) Before creating a medicaid waiver component under this	19083
section, the department of medicaid shall seek, accept, and	19084
consider public comments.	19085

Sec. 5166.22. (A) Subject to division (B) of this section,	19086
when the department of developmental disabilities allocates	19087
enrollment numbers to a county board of developmental disabilities	19088
for home and community-based services specified in division (A)(1)	19089
of section 5166.20 of the Revised Code and provided under any of	19090
the medicaid waiver components that the department administers	19091
under section 5166.21 of the Revised Code, the department shall	19092
consider all of the following:	19093

(1) The number of individuals with ~~mental retardation or~~	19094
~~other~~ developmental ~~disability~~disabilities who are on a waiting	19095
list the county board establishes under section 5126.042 of the	19096
Revised Code for those services and are given priority on the	19097
waiting list;	19098

(2) The implementation component required by division (A)(3)	19099
of section 5126.054 of the Revised Code of the county board's plan	19100
approved under section 5123.046 of the Revised Code;	19101

(3) Anything else the department considers necessary to	19102
enable county boards to provide those services to individuals in	19103
accordance with the priority requirements for waiting lists	19104
established under section 5126.042 of the Revised Code for those	19105
services.	19106

(B) Division (A) of this section applies to home and	19107
community-based services provided under the medicaid waiver	19108
component known as the transitions developmental disabilities	19109
waiver only to the extent, if any, provided by the contract	19110
required by section 5166.21 of the Revised Code regarding the	19111
component.	19112

Sec. 5168.68. There is hereby created in the state treasury	19113
the home and community-based services for the ~~mentally retarded~~	19114
~~and~~ developmentally disabled fund. All installment payments and	19115
penalties paid by an ICF/IID under sections 5168.63 and 5168.65 of	19116
the Revised Code shall be deposited into the fund. As soon as	19117
possible after the end of each quarter, the medicaid director	19118
shall certify to the director of budget and management the amount	19119
of money that is in the fund as of the last day of that quarter.	19120
On receipt of a certification, the director of budget and	19121
management shall transfer the amount so certified from the home	19122
and community-based services for the ~~mentally retarded and~~	19123
developmentally disabled fund to the department of developmental	19124
disabilities operating and services fund created under section	19125
5168.69 of the Revised Code.	19126

Sec. 5301.22. As used in this section, "incompetent person"	19127
means a person who is so mentally impaired as a result of a mental	19128
or physical illness or disability, or ~~mental retardation~~a	19129
developmental disability that is an intellectual disability, or as	19130
a result of chronic substance abuse, that the person is incapable	19131
of taking proper care of the person's self or property or fails to	19132
provide for the person's family or other persons for whom the	19133
person is charged by law to provide.	19134

No agreement described in section 5301.21 of the Revised Code	19135
shall be executed by a minor or incompetent person, but it may be	19136
executed and delivered for record, on such a person's behalf, by	19137
the person's guardian. When executed, acknowledged, delivered for	19138
record, and recorded, such agreement shall be as effectual against	19139
such minor or incompetent person, as if the person had been under	19140
no disability, and had performed such acts personally. An owner,	19141
not under any of such disabilities, may perform all such acts by	19142
an attorney in fact. The power of such attorney must be in writing	19143
and first recorded in the county recorder's office.	19144

Sec. 5305.17. As used in this section and sections 5305.18	19145
to 5305.22 of the Revised Code, "incompetent person" means a	19146
person who is so mentally impaired as a result of a mental or	19147
physical illness or disability, or ~~mental retardation~~a	19148
developmental disability that is an intellectual disability, or as	19149
a result of chronic substance abuse, that the person is incapable	19150
of taking proper care of the person's self or property or fails to	19151
provide for the person's family or other persons for whom the	19152
person is charged by law to provide.	19153

The guardian of a surviving spouse who has been adjudged to	19154
be an incompetent person may appear and answer for such	19155
incompetent person in an action under section 5305.15 of the	19156
Revised Code, subject to the approval of the court in which it is	19157
pending. Such answer has the same effect as if such spouse	19158
answered personally. The guardian shall be liable to such spouse,	19159
or the heirs, for all damage or loss sustained by the guardian's	19160
fraud or collusion, notwithstanding the approval of the court.	19161

Sec. 5307.19. As used in this section and section 5307.20 of	19162
the Revised Code, "incompetent person" means a person who is so	19163
mentally impaired as a result of a mental or physical illness or	19164
disability, or ~~mental retardation~~a developmental disability that	19165
is an intellectual disability, or as a result of chronic substance	19166
abuse, that the person is incapable of taking proper care of the	19167
person's self or property or fails to provide for the person's	19168
family or other persons for whom the person is charged by law to	19169
provide.	19170

The guardian of a minor or incompetent person, on behalf of	19171
the guardian's ward, may perform any act, matter, or thing	19172
respecting the partition of an estate which such ward could do	19173
under sections 5307.01 to 5307.25 of the Revised Code, if the ward	19174
were of age and of sound mind. On behalf of such ward, the	19175
guardian may elect to take the estate, when it cannot be divided	19176
without injury, and make payments therefor on the ward's behalf.	19177

Sec. 5310.12. As used in this section, "incompetent person"	19178
means a person who is so mentally impaired as a result of a mental	19179
or physical illness or disability, or ~~mental retardation~~a	19180
developmental disability that is an intellectual disability, or as	19181
a result of chronic substance abuse, that the person is incapable	19182
of taking proper care of the person's self or property or fails to	19183
provide for the person's family or other persons for whom the	19184
person is charged by law to provide.	19185

No action or proceeding for compensation from the assurance	19186
fund provided for in section 5310.05 of the Revised Code for, or	19187
by reason of, any deprivation, loss, or damage shall be made,	19188
brought or taken, except within a period of six years from the	19189
time when the right to bring such action or proceeding first	19190
accrued. If at the time when such right of action first accrues	19191
the person entitled to bring such action or take such proceedings	19192
is within the age of eighteen years, an incompetent person,	19193
imprisoned, or absent from the United States in the service of the	19194
United States or of this state, such person or anyone claiming	19195
from, by, or under the person, may bring the action at any time	19196
within two years after such disability is removed.	19197

Sec. 5705.05. The purpose and intent of the general levy for	19198
current expenses is to provide one general operating fund derived	19199
from taxation from which any expenditures for current expenses of	19200
any kind may be made. The taxing authority of a political	19201
subdivision may include in such levy the amounts required for	19202
carrying into effect any of the general or special powers granted	19203
by law to such subdivision, including the acquisition or	19204
construction of permanent improvements and the payment of	19205
judgments, but excluding the payment of debt charges and, in the	19206
case of counties, the construction, reconstruction, resurfacing,	19207
or repair of roads and bridges. The power to include in the	19208
general levy for current expenses additional amounts for purposes	19209
for which a special tax is authorized shall not affect the right	19210
or obligation to levy such special tax. Without prejudice to the	19211
generality of the authority to levy a general tax for any current	19212
expense, such general levy shall include:	19213

(A) The amounts certified to be necessary for the payment of	19214
final judgments;	19215

(B) The amounts necessary for general, special, and primary	19216
elections;	19217

(C) The amounts necessary for boards and commissioners of	19218
health, and other special or district appropriating authorities	19219
deriving their revenue in whole or part from the subdivision;	19220

(D) In the case of municipal corporations, the amounts	19221
necessary for the maintenance, operation, and repair of public	19222
buildings, wharves, bridges, parks, and streets, for the	19223
prevention, control, and abatement of air pollution, and for a	19224
sanitary fund;	19225

(E) In the case of counties, the amounts necessary for the	19226
maintenance, operation, and repair of public buildings, for	19227
providing or maintaining senior citizens services or facilities,	19228
for the relief and support of the poor, for the relief of needy	19229
blind, for the support of mental health~~, mental retardation,~~ or	19230
developmental disability services, for the relief of honorably	19231
discharged soldiers, indigent soldiers, sailors, and marines, for	19232
the operation and maintenance and the acquisition, construction,	19233
or improvement of permanent improvements, including, without	19234
limitation, the acquisition and improvement of land and buildings	19235
owned or used by a county land reutilization corporation organized	19236
under Chapter 1724. of the Revised Code, for mothers' pension	19237
fund, support of soil and water conservation districts, watershed	19238
conservancy districts, and educational television, for the	19239
prevention, control, and abatement of air pollution, and for the	19240
county's share of the compensation paid judges;	19241

(F) In the case of a school district, the amounts necessary	19242
for tuition, the state teachers retirement system, and the	19243
maintenance, operation, and repair of schools;	19244

(G) In the case of a township, the amounts necessary for the	19245
relief of the poor and for the prevention, control, and abatement	19246
of air pollution.	19247

This section does not require the inclusion within the	19248
general levy of amounts for any purpose for which a special levy	19249
is authorized by section 5705.06 of the Revised Code.	19250

Sec. 5705.091. The board of county commissioners of each	19251
county shall establish a county developmental disabilities general	19252
fund. Notwithstanding section 5705.10 of the Revised Code,	19253
proceeds from levies under section 5705.222 and division (L) of	19254
section 5705.19 of the Revised Code shall be deposited to the	19255
credit of the county developmental disabilities general fund.	19256
Accounts shall be established within the county developmental	19257
disabilities general fund for each of the several particular	19258
purposes of the levies as specified in the resolutions under which	19259
the levies were approved, and proceeds from different levies that	19260
were approved for the same particular purpose shall be credited to	19261
accounts for that purpose. Other money received by the county for	19262
the purposes of Chapters 3323. and 5126. of the Revised Code and	19263
not required by state or federal law to be deposited to the credit	19264
of a different fund shall also be deposited to the credit of the	19265
county developmental disabilities general fund, in an account	19266
appropriate to the particular purpose for which the money was	19267
received. Unless otherwise provided by law, an unexpended balance	19268
at the end of a fiscal year in any account in the county	19269
developmental disabilities general fund shall be appropriated the	19270
next fiscal year to the same fund.	19271

A county board of developmental disabilities may request, by	19272
resolution, that the board of county commissioners establish a	19273
county developmental disabilities capital fund for money to be	19274
used for acquisition, construction, or improvement of capital	19275
facilities or acquisition of capital equipment used in providing	19276
services to ~~mentally retarded and developmentally disabled~~ persons	19277
with developmental disabilities. The county board of developmental	19278
disabilities shall transmit a certified copy of the resolution to	19279
the board of county commissioners. Upon receiving the resolution,	19280
the board of county commissioners shall establish a county	19281
developmental disabilities capital fund.	19282

Sec. 5705.19. This section does not apply to school	19283
districts, county school financing districts, or lake facilities	19284
authorities.	19285

The taxing authority of any subdivision at any time and in	19286
any year, by vote of two-thirds of all the members of the taxing	19287
authority, may declare by resolution and certify the resolution to	19288
the board of elections not less than ninety days before the	19289
election upon which it will be voted that the amount of taxes that	19290
may be raised within the ten-mill limitation will be insufficient	19291
to provide for the necessary requirements of the subdivision and	19292
that it is necessary to levy a tax in excess of that limitation	19293
for any of the following purposes:	19294

(A) For current expenses of the subdivision, except that the	19295
total levy for current expenses of a detention facility district	19296
or district organized under section 2151.65 of the Revised Code	19297
shall not exceed two mills and that the total levy for current	19298
expenses of a combined district organized under sections 2151.65	19299
and 2152.41 of the Revised Code shall not exceed four mills;	19300

(B) For the payment of debt charges on certain described	19301
bonds, notes, or certificates of indebtedness of the subdivision	19302
issued subsequent to January 1, 1925;	19303

(C) For the debt charges on all bonds, notes, and	19304
certificates of indebtedness issued and authorized to be issued	19305
prior to January 1, 1925;	19306

(D) For a public library of, or supported by, the subdivision	19307
under whatever law organized or authorized to be supported;	19308

(E) For a municipal university, not to exceed two mills over	19309
the limitation of one mill prescribed in section 3349.13 of the	19310
Revised Code;	19311

(F) For the construction or acquisition of any specific	19312
permanent improvement or class of improvements that the taxing	19313
authority of the subdivision may include in a single bond issue;	19314

(G) For the general construction, reconstruction,	19315
resurfacing, and repair of streets, roads, and bridges in	19316
municipal corporations, counties, or townships;	19317

(H) For parks and recreational purposes;

19318

(I) For the purpose of providing and maintaining fire	19319
apparatus, appliances, buildings, or sites therefor, or sources of	19320
water supply and materials therefor, or the establishment and	19321
maintenance of lines of fire alarm telegraph, or the payment of	19322
firefighting companies or permanent, part-time, or volunteer	19323
firefighting, emergency medical service, administrative, or	19324
communications personnel to operate the same, including the	19325
payment of any employer contributions required for such personnel	19326
under section 145.48 or 742.34 of the Revised Code, or the	19327
purchase of ambulance equipment, or the provision of ambulance,	19328
paramedic, or other emergency medical services operated by a fire	19329
department or firefighting company;	19330

(J) For the purpose of providing and maintaining motor	19331
vehicles, communications, other equipment, buildings, and sites	19332
for such buildings used directly in the operation of a police	19333
department, or the payment of salaries of permanent or part-time	19334
police, communications, or administrative personnel to operate the	19335
same, including the payment of any employer contributions required	19336
for such personnel under section 145.48 or 742.33 of the Revised	19337
Code, or the payment of the costs incurred by townships as a	19338
result of contracts made with other political subdivisions in	19339
order to obtain police protection, or the provision of ambulance	19340
or emergency medical services operated by a police department;	19341

(K) For the maintenance and operation of a county home or	19342
detention facility;	19343

(L) For community ~~mental retardation and~~ developmental	19344
disabilities programs and services pursuant to Chapter 5126. of	19345
the Revised Code, except that the procedure for such levies shall	19346
be as provided in section 5705.222 of the Revised Code;	19347

(M) For regional planning;

19348

(N) For a county's share of the cost of maintaining and	19349
operating schools, district detention facilities, forestry camps,	19350
or other facilities, or any combination thereof, established under	19351
section 2151.65 or 2152.41 of the Revised Code or both of those	19352
sections;	19353

(O) For providing for flood defense, providing and	19354
maintaining a flood wall or pumps, and other purposes to prevent	19355
floods;	19356

(P) For maintaining and operating sewage disposal plants and	19357
facilities;	19358

(Q) For the purpose of purchasing, acquiring, constructing,	19359
enlarging, improving, equipping, repairing, maintaining, or	19360
operating, or any combination of the foregoing, a county transit	19361
system pursuant to sections 306.01 to 306.13 of the Revised Code,	19362
or of making any payment to a board of county commissioners	19363
operating a transit system or a county transit board pursuant to	19364
section 306.06 of the Revised Code;	19365

(R) For the subdivision's share of the cost of acquiring or	19366
constructing any schools, forestry camps, detention facilities, or	19367
other facilities, or any combination thereof, under section	19368
2151.65 or 2152.41 of the Revised Code or both of those sections;	19369

(S) For the prevention, control, and abatement of air	19370
pollution;	19371

(T) For maintaining and operating cemeteries;

19372

(U) For providing ambulance service, emergency medical	19373
service, or both;	19374

(V) For providing for the collection and disposal of garbage	19375
or refuse, including yard waste;	19376

(W) For the payment of the police officer employers'	19377
contribution or the firefighter employers' contribution required	19378
under sections 742.33 and 742.34 of the Revised Code;	19379

(X) For the construction and maintenance of a drainage	19380
improvement pursuant to section 6131.52 of the Revised Code;	19381

(Y) For providing or maintaining senior citizens services or	19382
facilities as authorized by section 307.694, 307.85, 505.70, or	19383
505.706 or division (EE) of section 717.01 of the Revised Code;	19384

(Z) For the provision and maintenance of zoological park	19385
services and facilities as authorized under section 307.76 of the	19386
Revised Code;	19387

(AA) For the maintenance and operation of a free public	19388
museum of art, science, or history;	19389

(BB) For the establishment and operation of a 9-1-1 system,	19390
as defined in section 128.01 of the Revised Code;	19391

(CC) For the purpose of acquiring, rehabilitating, or	19392
developing rail property or rail service. As used in this	19393
division, "rail property" and "rail service" have the same	19394
meanings as in section 4981.01 of the Revised Code. This division	19395
applies only to a county, township, or municipal corporation.	19396

(DD) For the purpose of acquiring property for, constructing,	19397
operating, and maintaining community centers as provided for in	19398
section 755.16 of the Revised Code;	19399

(EE) For the creation and operation of an office or joint	19400
office of economic development, for any economic development	19401
purpose of the office, and to otherwise provide for the	19402
establishment and operation of a program of economic development	19403
pursuant to sections 307.07 and 307.64 of the Revised Code, or to	19404
the extent that the expenses of a county land reutilization	19405
corporation organized under Chapter 1724. of the Revised Code are	19406
found by the board of county commissioners to constitute the	19407
promotion of economic development, for the payment of such	19408
operations and expenses;	19409

(FF) For the purpose of acquiring, establishing,	19410
constructing, improving, equipping, maintaining, or operating, or	19411
any combination of the foregoing, a township airport, landing	19412
field, or other air navigation facility pursuant to section 505.15	19413
of the Revised Code;	19414

(GG) For the payment of costs incurred by a township as a	19415
result of a contract made with a county pursuant to section	19416
505.263 of the Revised Code in order to pay all or any part of the	19417
cost of constructing, maintaining, repairing, or operating a water	19418
supply improvement;	19419

(HH) For a board of township trustees to acquire, other than	19420
by appropriation, an ownership interest in land, water, or	19421
wetlands, or to restore or maintain land, water, or wetlands in	19422
which the board has an ownership interest, not for purposes of	19423
recreation, but for the purposes of protecting and preserving the	19424
natural, scenic, open, or wooded condition of the land, water, or	19425
wetlands against modification or encroachment resulting from	19426
occupation, development, or other use, which may be styled as	19427
protecting or preserving "greenspace" in the resolution, notice of	19428
election, or ballot form. Except as otherwise provided in this	19429
division, land is not acquired for purposes of recreation, even if	19430
the land is used for recreational purposes, so long as no	19431
building, structure, or fixture used for recreational purposes is	19432
permanently attached or affixed to the land. Except as otherwise	19433
provided in this division, land that previously has been acquired	19434
in a township for these greenspace purposes may subsequently be	19435
used for recreational purposes if the board of township trustees	19436
adopts a resolution approving that use and no building, structure,	19437
or fixture used for recreational purposes is permanently attached	19438
or affixed to the land. The authorization to use greenspace land	19439
for recreational use does not apply to land located in a township	19440
that had a population, at the time it passed its first greenspace	19441
levy, of more than thirty-eight thousand within a county that had	19442
a population, at that time, of at least eight hundred sixty	19443
thousand.	19444

(II) For the support by a county of a crime victim assistance	19445
program that is provided and maintained by a county agency or a	19446
private, nonprofit corporation or association under section 307.62	19447
of the Revised Code;	19448

(JJ) For any or all of the purposes set forth in divisions	19449
(I) and (J) of this section. This division applies only to a	19450
township.	19451

(KK) For a countywide public safety communications system	19452
under section 307.63 of the Revised Code. This division applies	19453
only to counties.	19454

(LL) For the support by a county of criminal justice services	19455
under section 307.45 of the Revised Code;	19456

(MM) For the purpose of maintaining and operating a jail or	19457
other detention facility as defined in section 2921.01 of the	19458
Revised Code;	19459

(NN) For purchasing, maintaining, or improving, or any	19460
combination of the foregoing, real estate on which to hold, and	19461
the operating expenses of, agricultural fairs operated by a county	19462
agricultural society or independent agricultural society under	19463
Chapter 1711. of the Revised Code. This division applies only to a	19464
county.	19465

(OO) For constructing, rehabilitating, repairing, or	19466
maintaining sidewalks, walkways, trails, bicycle pathways, or	19467
similar improvements, or acquiring ownership interests in land	19468
necessary for the foregoing improvements;	19469

(PP) For both of the purposes set forth in divisions (G) and	19470
(OO) of this section.	19471

(QQ) For both of the purposes set forth in divisions (H) and	19472
(HH) of this section. This division applies only to a township.	19473

(RR) For the legislative authority of a municipal	19474
corporation, board of county commissioners of a county, or board	19475
of township trustees of a township to acquire agricultural	19476
easements, as defined in section 5301.67 of the Revised Code, and	19477
to supervise and enforce the easements.	19478

(SS) For both of the purposes set forth in divisions (BB) and	19479
(KK) of this section. This division applies only to a county.	19480

(TT) For the maintenance and operation of a facility that is	19481
organized in whole or in part to promote the sciences and natural	19482
history under section 307.761 of the Revised Code.	19483

(UU) For the creation and operation of a county land	19484
reutilization corporation and for any programs or activities of	19485
the corporation found by the board of directors of the corporation	19486
to be consistent with the purposes for which the corporation is	19487
organized;	19488

(VV) For construction and maintenance of improvements and	19489
expenses of soil and water conservation district programs under	19490
Chapter 1515. of the Revised Code;	19491

(WW) For the OSU extension fund created under section 3335.35	19492
of the Revised Code for the purposes prescribed under section	19493
3335.36 of the Revised Code for the benefit of the citizens of a	19494
county. This division applies only to a county.	19495

(XX) For a municipal corporation that withdraws or proposes	19496
by resolution to withdraw from a regional transit authority under	19497
section 306.55 of the Revised Code to provide transportation	19498
services for the movement of persons within, from, or to the	19499
municipal corporation;	19500

(YY) For any combination of the purposes specified in	19501
divisions (NN), (VV), and (WW) of this section. This division	19502
applies only to a county.	19503

The resolution shall be confined to the purpose or purposes	19504
described in one division of this section, to which the revenue	19505
derived therefrom shall be applied. The existence in any other	19506
division of this section of authority to levy a tax for any part	19507
or all of the same purpose or purposes does not preclude the use	19508
of such revenues for any part of the purpose or purposes of the	19509
division under which the resolution is adopted.	19510

The resolution shall specify the amount of the increase in	19511
rate that it is necessary to levy, the purpose of that increase in	19512
rate, and the number of years during which the increase in rate	19513
shall be in effect, which may or may not include a levy upon the	19514
duplicate of the current year. The number of years may be any	19515
number not exceeding five, except as follows:	19516

(1) When the additional rate is for the payment of debt	19517
charges, the increased rate shall be for the life of the	19518
indebtedness.	19519

(2) When the additional rate is for any of the following, the	19520
increased rate shall be for a continuing period of time:	19521

(a) For the current expenses for a detention facility	19522
district, a district organized under section 2151.65 of the	19523
Revised Code, or a combined district organized under sections	19524
2151.65 and 2152.41 of the Revised Code;	19525

(b) For providing a county's share of the cost of maintaining	19526
and operating schools, district detention facilities, forestry	19527
camps, or other facilities, or any combination thereof,	19528
established under section 2151.65 or 2152.41 of the Revised Code	19529
or under both of those sections.	19530

(3) When the additional rate is for either of the following,	19531
the increased rate may be for a continuing period of time:	19532

(a) For the purposes set forth in division (I), (J), (U), or	19533
(KK) of this section;	19534

(b) For the maintenance and operation of a joint recreation	19535
district.	19536

(4) When the increase is for the purpose or purposes set	19537
forth in division (D), (G), (H), (Z), (CC), or (PP) of this	19538
section, the tax levy may be for any specified number of years or	19539
for a continuing period of time, as set forth in the resolution.	19540

A levy for one of the purposes set forth in division (G),	19541
(I), (J), or (U) of this section may be reduced pursuant to	19542
section 5705.261 or 5705.31 of the Revised Code. A levy for one of	19543
the purposes set forth in division (G), (I), (J), or (U) of this	19544
section may also be terminated or permanently reduced by the	19545
taxing authority if it adopts a resolution stating that the	19546
continuance of the levy is unnecessary and the levy shall be	19547
terminated or that the millage is excessive and the levy shall be	19548
decreased by a designated amount.	19549

A resolution of a detention facility district, a district	19550
organized under section 2151.65 of the Revised Code, or a combined	19551
district organized under both sections 2151.65 and 2152.41 of the	19552
Revised Code may include both current expenses and other purposes,	19553
provided that the resolution shall apportion the annual rate of	19554
levy between the current expenses and the other purpose or	19555
purposes. The apportionment need not be the same for each year of	19556
the levy, but the respective portions of the rate actually levied	19557
each year for the current expenses and the other purpose or	19558
purposes shall be limited by the apportionment.	19559

Whenever a board of county commissioners, acting either as	19560
the taxing authority of its county or as the taxing authority of a	19561
sewer district or subdistrict created under Chapter 6117. of the	19562
Revised Code, by resolution declares it necessary to levy a tax in	19563
excess of the ten-mill limitation for the purpose of constructing,	19564
improving, or extending sewage disposal plants or sewage systems,	19565
the tax may be in effect for any number of years not exceeding	19566
twenty, and the proceeds of the tax, notwithstanding the general	19567
provisions of this section, may be used to pay debt charges on any	19568
obligations issued and outstanding on behalf of the subdivision	19569
for the purposes enumerated in this paragraph, provided that any	19570
such obligations have been specifically described in the	19571
resolution.	19572

A resolution adopted by the legislative authority of a	19573
municipal corporation that is for the purpose in division (XX) of	19574
this section may be combined with the purpose provided in section	19575
306.55 of the Revised Code, by vote of two-thirds of all members	19576
of the legislative authority. The legislative authority may	19577
certify the resolution to the board of elections as a combined	19578
question. The question appearing on the ballot shall be as	19579
provided in section 5705.252 of the Revised Code.	19580

The resolution shall go into immediate effect upon its	19581
passage, and no publication of the resolution is necessary other	19582
than that provided for in the notice of election.	19583

When the electors of a subdivision or, in the case of a	19584
qualifying library levy for the support of a library association	19585
or private corporation, the electors of the association library	19586
district, have approved a tax levy under this section, the taxing	19587
authority of the subdivision may anticipate a fraction of the	19588
proceeds of the levy and issue anticipation notes in accordance	19589
with section 5705.191 or 5705.193 of the Revised Code.	19590

Sec. 5705.222. (A) At any time the board of county	19591
commissioners of any county by a majority vote of the full	19592
membership may declare by resolution and certify to the board of	19593
elections of the county that the amount of taxes which may be	19594
raised within the ten-mill limitation by levies on the current tax	19595
duplicate will be insufficient to provide the necessary	19596
requirements of the county board of developmental disabilities	19597
established pursuant to Chapter 5126. of the Revised Code and that	19598
it is necessary to levy a tax in excess of such limitation for the	19599
operation of programs and services by county boards of	19600
developmental disabilities and for the acquisition, construction,	19601
renovation, financing, maintenance, and operation of ~~mental~~	19602
~~retardation and~~ developmental disabilities facilities.	19603

Such resolution shall conform to section 5705.19 of the	19604
Revised Code, except that the increased rate may be in effect for	19605
any number of years not exceeding ten or for a continuing period	19606
of time.	19607

The resolution shall be certified and submitted in the manner	19608
provided in section 5705.25 of the Revised Code, except that it	19609
may be placed on the ballot in any election, and shall be	19610
certified to the board of elections not less than ninety days	19611
before the election at which it will be voted upon.	19612

If the majority of the electors voting on a levy for the	19613
support of the programs and services of the county board of	19614
developmental disabilities vote in favor of the levy, the board of	19615
county commissioners may levy a tax within the county at the	19616
additional rate outside the ten-mill limitation during the	19617
specified or continuing period, for the purpose stated in the	19618
resolution. The county board of developmental disabilities, within	19619
its budget and with the approval of the board of county	19620
commissioners through annual appropriations, shall use the	19621
proceeds of a levy approved under this section solely for the	19622
purposes authorized by this section.	19623

(B) When electors have approved a tax levy under this	19624
section, the county commissioners may anticipate a fraction of the	19625
proceeds of the levy and issue anticipation notes in accordance	19626
with section 5705.191 or 5705.193 of the Revised Code.	19627

(C) The county auditor, upon receipt of a resolution from the	19628
county board of developmental disabilities, shall establish a	19629
capital improvements account or a reserve balance account, or	19630
both, as specified in the resolution. The capital improvements	19631
account shall be a contingency account for the necessary	19632
acquisition, replacement, renovation, or construction of	19633
facilities and movable and fixed equipment. Upon the request of	19634
the county board of developmental disabilities, moneys not needed	19635
to pay for current expenses may be appropriated to this account,	19636
in amounts such that this account does not exceed twenty-five per	19637
cent of the replacement value of all capital facilities and	19638
equipment currently used by the county board of developmental	19639
disabilities for ~~mental retardation and~~ developmental disabilities	19640
programs and services. Other moneys available for current capital	19641
expenses from federal, state, or local sources may also be	19642
appropriated to this account.	19643

The reserve balance account shall contain those moneys that	19644
are not needed to pay for current operating expenses and not	19645
deposited in the capital improvements account but that will be	19646
needed to pay for operating expenses in the future. Upon the	19647
request of a county board of developmental disabilities, the board	19648
of county commissioners may appropriate moneys to the reserve	19649
balance account.	19650

Sec. 5709.40. (A) As used in this section:

19651

(1) "Blighted area" and "impacted city" have the same	19652
meanings as in section 1728.01 of the Revised Code.	19653

(2) "Business day" means a day of the week excluding	19654
Saturday, Sunday, and a legal holiday as defined under section	19655
1.14 of the Revised Code.	19656

(3) "Housing renovation" means a project carried out for	19657
residential purposes.	19658

(4) "Improvement" means the increase in the assessed value of	19659
any real property that would first appear on the tax list and	19660
duplicate of real and public utility property after the effective	19661
date of an ordinance adopted under this section were it not for	19662
the exemption granted by that ordinance.	19663

(5) "Incentive district" means an area not more than three	19664
hundred acres in size enclosed by a continuous boundary in which a	19665
project is being, or will be, undertaken and having one or more of	19666
the following distress characteristics:	19667

(a) At least fifty-one per cent of the residents of the	19668
district have incomes of less than eighty per cent of the median	19669
income of residents of the political subdivision in which the	19670
district is located, as determined in the same manner specified	19671
under section 119(b) of the "Housing and Community Development Act	19672
of 1974," 88 Stat. 633, 42 U.S.C. 5318, as amended;	19673

(b) The average rate of unemployment in the district during	19674
the most recent twelve-month period for which data are available	19675
is equal to at least one hundred fifty per cent of the average	19676
rate of unemployment for this state for the same period.	19677

(c) At least twenty per cent of the people residing in the	19678
district live at or below the poverty level as defined in the	19679
federal Housing and Community Development Act of 1974, 42 U.S.C.	19680
5301, as amended, and regulations adopted pursuant to that act.	19681

(d) The district is a blighted area.

19682

(e) The district is in a situational distress area as	19683
designated by the director of development services under division	19684
(F) of section 122.23 of the Revised Code.	19685

(f) As certified by the engineer for the political	19686
subdivision, the public infrastructure serving the district is	19687
inadequate to meet the development needs of the district as	19688
evidenced by a written economic development plan or urban renewal	19689
plan for the district that has been adopted by the legislative	19690
authority of the subdivision.	19691

(g) The district is comprised entirely of unimproved land	19692
that is located in a distressed area as defined in section 122.23	19693
of the Revised Code.	19694

(6) "Project" means development activities undertaken on one	19695
or more parcels, including, but not limited to, construction,	19696
expansion, and alteration of buildings or structures, demolition,	19697
remediation, and site development, and any building or structure	19698
that results from those activities.	19699

(7) "Public infrastructure improvement" includes, but is not	19700
limited to, public roads and highways; water and sewer lines;	19701
environmental remediation; land acquisition, including acquisition	19702
in aid of industry, commerce, distribution, or research;	19703
demolition, including demolition on private property when	19704
determined to be necessary for economic development purposes;	19705
stormwater and flood remediation projects, including such projects	19706
on private property when determined to be necessary for public	19707
health, safety, and welfare; the provision of gas, electric, and	19708
communications service facilities, including the provision of gas	19709
or electric service facilities owned by nongovernmental entities	19710
when such improvements are determined to be necessary for economic	19711
development purposes; and the enhancement of public waterways	19712
through improvements that allow for greater public access.	19713

(B) The legislative authority of a municipal corporation, by	19714
ordinance, may declare improvements to certain parcels of real	19715
property located in the municipal corporation to be a public	19716
purpose. Improvements with respect to a parcel that is used or to	19717
be used for residential purposes may be declared a public purpose	19718
under this division only if the parcel is located in a blighted	19719
area of an impacted city. For this purpose, "parcel that is used	19720
or to be used for residential purposes" means a parcel that, as	19721
improved, is used or to be used for purposes that would cause the	19722
tax commissioner to classify the parcel as residential property in	19723
accordance with rules adopted by the commissioner under section	19724
5713.041 of the Revised Code. Except with the approval under	19725
division (D) of this section of the board of education of each	19726
city, local, or exempted village school district within which the	19727
improvements are located, not more than seventy-five per cent of	19728
an improvement thus declared to be a public purpose may be	19729
exempted from real property taxation for a period of not more than	19730
ten years. The ordinance shall specify the percentage of the	19731
improvement to be exempted from taxation and the life of the	19732
exemption.	19733

An ordinance adopted or amended under this division shall	19734
designate the specific public infrastructure improvements made, to	19735
be made, or in the process of being made by the municipal	19736
corporation that directly benefit, or that once made will directly	19737
benefit, the parcels for which improvements are declared to be a	19738
public purpose. The service payments provided for in section	19739
5709.42 of the Revised Code shall be used to finance the public	19740
infrastructure improvements designated in the ordinance, for the	19741
purpose described in division (D)(1) of this section or as	19742
provided in section 5709.43 of the Revised Code.	19743

(C)(1) The legislative authority of a municipal corporation	19744
may adopt an ordinance creating an incentive district and	19745
declaring improvements to parcels within the district to be a	19746
public purpose and, except as provided in division (F) of this	19747
section, exempt from taxation as provided in this section, but no	19748
legislative authority of a municipal corporation that has a	19749
population that exceeds twenty-five thousand, as shown by the most	19750
recent federal decennial census, shall adopt an ordinance that	19751
creates an incentive district if the sum of the taxable value of	19752
real property in the proposed district for the preceding tax year	19753
and the taxable value of all real property in the municipal	19754
corporation that would have been taxable in the preceding year	19755
were it not for the fact that the property was in an existing	19756
incentive district and therefore exempt from taxation exceeds	19757
twenty-five per cent of the taxable value of real property in the	19758
municipal corporation for the preceding tax year. The ordinance	19759
shall delineate the boundary of the district and specifically	19760
identify each parcel within the district. A district may not	19761
include any parcel that is or has been exempted from taxation	19762
under division (B) of this section or that is or has been within	19763
another district created under this division. An ordinance may	19764
create more than one such district, and more than one ordinance	19765
may be adopted under division (C)(1) of this section.	19766

(2) Not later than thirty days prior to adopting an ordinance	19767
under division (C)(1) of this section, if the municipal	19768
corporation intends to apply for exemptions from taxation under	19769
section 5709.911 of the Revised Code on behalf of owners of real	19770
property located within the proposed incentive district, the	19771
legislative authority of a municipal corporation shall conduct a	19772
public hearing on the proposed ordinance. Not later than thirty	19773
days prior to the public hearing, the legislative authority shall	19774
give notice of the public hearing and the proposed ordinance by	19775
first class mail to every real property owner whose property is	19776
located within the boundaries of the proposed incentive district	19777
that is the subject of the proposed ordinance.	19778

(3)(a) An ordinance adopted under division (C)(1) of this	19779
section shall specify the life of the incentive district and the	19780
percentage of the improvements to be exempted, shall designate the	19781
public infrastructure improvements made, to be made, or in the	19782
process of being made, that benefit or serve, or, once made, will	19783
benefit or serve parcels in the district. The ordinance also shall	19784
identify one or more specific projects being, or to be, undertaken	19785
in the district that place additional demand on the public	19786
infrastructure improvements designated in the ordinance. The	19787
project identified may, but need not be, the project under	19788
division (C)(3)(b) of this section that places real property in	19789
use for commercial or industrial purposes. Except as otherwise	19790
permitted under that division, the service payments provided for	19791
in section 5709.42 of the Revised Code shall be used to finance	19792
the designated public infrastructure improvements, for the purpose	19793
described in division (D)(1) or (E) of this section, or as	19794
provided in section 5709.43 of the Revised Code.	19795

An ordinance adopted under division (C)(1) of this section on	19796
or after March 30, 2006, shall not designate police or fire	19797
equipment as public infrastructure improvements, and no service	19798
payment provided for in section 5709.42 of the Revised Code and	19799
received by the municipal corporation under the ordinance shall be	19800
used for police or fire equipment.	19801

(b) An ordinance adopted under division (C)(1) of this	19802
section may authorize the use of service payments provided for in	19803
section 5709.42 of the Revised Code for the purpose of housing	19804
renovations within the incentive district, provided that the	19805
ordinance also designates public infrastructure improvements that	19806
benefit or serve the district, and that a project within the	19807
district places real property in use for commercial or industrial	19808
purposes. Service payments may be used to finance or support	19809
loans, deferred loans, and grants to persons for the purpose of	19810
housing renovations within the district. The ordinance shall	19811
designate the parcels within the district that are eligible for	19812
housing renovation. The ordinance shall state separately the	19813
amounts or the percentages of the expected aggregate service	19814
payments that are designated for each public infrastructure	19815
improvement and for the general purpose of housing renovations.	19816

(4) Except with the approval of the board of education of	19817
each city, local, or exempted village school district within the	19818
territory of which the incentive district is or will be located,	19819
and subject to division (E) of this section, the life of an	19820
incentive district shall not exceed ten years, and the percentage	19821
of improvements to be exempted shall not exceed seventy-five per	19822
cent. With approval of the board of education, the life of a	19823
district may be not more than thirty years, and the percentage of	19824
improvements to be exempted may be not more than one hundred per	19825
cent. The approval of a board of education shall be obtained in	19826
the manner provided in division (D) of this section.	19827

(D)(1) If the ordinance declaring improvements to a parcel to	19828
be a public purpose or creating an incentive district specifies	19829
that payments in lieu of taxes provided for in section 5709.42 of	19830
the Revised Code shall be paid to the city, local, or exempted	19831
village, and joint vocational school district in which the parcel	19832
or incentive district is located in the amount of the taxes that	19833
would have been payable to the school district if the improvements	19834
had not been exempted from taxation, the percentage of the	19835
improvement that may be exempted from taxation may exceed	19836
seventy-five per cent, and the exemption may be granted for up to	19837
thirty years, without the approval of the board of education as	19838
otherwise required under division (D)(2) of this section.	19839

(2) Improvements with respect to a parcel may be exempted	19840
from taxation under division (B) of this section, and improvements	19841
to parcels within an incentive district may be exempted from	19842
taxation under division (C) of this section, for up to ten years	19843
or, with the approval under this paragraph of the board of	19844
education of the city, local, or exempted village school district	19845
within which the parcel or district is located, for up to thirty	19846
years. The percentage of the improvement exempted from taxation	19847
may, with such approval, exceed seventy-five per cent, but shall	19848
not exceed one hundred per cent. Not later than forty-five	19849
business days prior to adopting an ordinance under this section	19850
declaring improvements to be a public purpose that is subject to	19851
approval by a board of education under this division, the	19852
legislative authority shall deliver to the board of education a	19853
notice stating its intent to adopt an ordinance making that	19854
declaration. The notice regarding improvements with respect to a	19855
parcel under division (B) of this section shall identify the	19856
parcels for which improvements are to be exempted from taxation,	19857
provide an estimate of the true value in money of the	19858
improvements, specify the period for which the improvements would	19859
be exempted from taxation and the percentage of the improvement	19860
that would be exempted, and indicate the date on which the	19861
legislative authority intends to adopt the ordinance. The notice	19862
regarding improvements to parcels within an incentive district	19863
under division (C) of this section shall delineate the boundaries	19864
of the district, specifically identify each parcel within the	19865
district, identify each anticipated improvement in the district,	19866
provide an estimate of the true value in money of each such	19867
improvement, specify the life of the district and the percentage	19868
of improvements that would be exempted, and indicate the date on	19869
which the legislative authority intends to adopt the ordinance.	19870
The board of education, by resolution adopted by a majority of the	19871
board, may approve the exemption for the period or for the	19872
exemption percentage specified in the notice; may disapprove the	19873
exemption for the number of years in excess of ten, may disapprove	19874
the exemption for the percentage of the improvement to be exempted	19875
in excess of seventy-five per cent, or both; or may approve the	19876
exemption on the condition that the legislative authority and the	19877
board negotiate an agreement providing for compensation to the	19878
school district equal in value to a percentage of the amount of	19879
taxes exempted in the eleventh and subsequent years of the	19880
exemption period or, in the case of exemption percentages in	19881
excess of seventy-five per cent, compensation equal in value to a	19882
percentage of the taxes that would be payable on the portion of	19883
the improvement in excess of seventy-five per cent were that	19884
portion to be subject to taxation, or other mutually agreeable	19885
compensation. If an agreement is negotiated between the	19886
legislative authority and the board to compensate the school	19887
district for all or part of the taxes exempted, including	19888
agreements for payments in lieu of taxes under section 5709.42 of	19889
the Revised Code, the legislative authority shall compensate the	19890
joint vocational school district within which the parcel or	19891
district is located at the same rate and under the same terms	19892
received by the city, local, or exempted village school district.	19893

(3) The board of education shall certify its resolution to	19894
the legislative authority not later than fourteen days prior to	19895
the date the legislative authority intends to adopt the ordinance	19896
as indicated in the notice. If the board of education and the	19897
legislative authority negotiate a mutually acceptable compensation	19898
agreement, the ordinance may declare the improvements a public	19899
purpose for the number of years specified in the ordinance or, in	19900
the case of exemption percentages in excess of seventy-five per	19901
cent, for the exemption percentage specified in the ordinance. In	19902
either case, if the board and the legislative authority fail to	19903
negotiate a mutually acceptable compensation agreement, the	19904
ordinance may declare the improvements a public purpose for not	19905
more than ten years, and shall not exempt more than seventy-five	19906
per cent of the improvements from taxation. If the board fails to	19907
certify a resolution to the legislative authority within the time	19908
prescribed by this division, the legislative authority thereupon	19909
may adopt the ordinance and may declare the improvements a public	19910
purpose for up to thirty years, or, in the case of exemption	19911
percentages proposed in excess of seventy-five per cent, for the	19912
exemption percentage specified in the ordinance. The legislative	19913
authority may adopt the ordinance at any time after the board of	19914
education certifies its resolution approving the exemption to the	19915
legislative authority, or, if the board approves the exemption on	19916
the condition that a mutually acceptable compensation agreement be	19917
negotiated, at any time after the compensation agreement is agreed	19918
to by the board and the legislative authority.	19919

(4) If a board of education has adopted a resolution waiving	19920
its right to approve exemptions from taxation under this section	19921
and the resolution remains in effect, approval of exemptions by	19922
the board is not required under division (D) of this section. If a	19923
board of education has adopted a resolution allowing a legislative	19924
authority to deliver the notice required under division (D) of	19925
this section fewer than forty-five business days prior to the	19926
legislative authority's adoption of the ordinance, the legislative	19927
authority shall deliver the notice to the board not later than the	19928
number of days prior to such adoption as prescribed by the board	19929
in its resolution. If a board of education adopts a resolution	19930
waiving its right to approve agreements or shortening the	19931
notification period, the board shall certify a copy of the	19932
resolution to the legislative authority. If the board of education	19933
rescinds such a resolution, it shall certify notice of the	19934
rescission to the legislative authority.	19935

(5) If the legislative authority is not required by division	19936
(D) of this section to notify the board of education of the	19937
legislative authority's intent to declare improvements to be a	19938
public purpose, the legislative authority shall comply with the	19939
notice requirements imposed under section 5709.83 of the Revised	19940
Code, unless the board has adopted a resolution under that section	19941
waiving its right to receive such a notice.	19942

(E)(1) If a proposed ordinance under division (C)(1) of this	19943
section exempts improvements with respect to a parcel within an	19944
incentive district for more than ten years, or the percentage of	19945
the improvement exempted from taxation exceeds seventy-five per	19946
cent, not later than forty-five business days prior to adopting	19947
the ordinance the legislative authority of the municipal	19948
corporation shall deliver to the board of county commissioners of	19949
the county within which the incentive district will be located a	19950
notice that states its intent to adopt an ordinance creating an	19951
incentive district. The notice shall include a copy of the	19952
proposed ordinance, identify the parcels for which improvements	19953
are to be exempted from taxation, provide an estimate of the true	19954
value in money of the improvements, specify the period of time for	19955
which the improvements would be exempted from taxation, specify	19956
the percentage of the improvements that would be exempted from	19957
taxation, and indicate the date on which the legislative authority	19958
intends to adopt the ordinance.	19959

(2) The board of county commissioners, by resolution adopted	19960
by a majority of the board, may object to the exemption for the	19961
number of years in excess of ten, may object to the exemption for	19962
the percentage of the improvement to be exempted in excess of	19963
seventy-five per cent, or both. If the board of county	19964
commissioners objects, the board may negotiate a mutually	19965
acceptable compensation agreement with the legislative authority.	19966
In no case shall the compensation provided to the board exceed the	19967
property taxes forgone due to the exemption. If the board of	19968
county commissioners objects, and the board and legislative	19969
authority fail to negotiate a mutually acceptable compensation	19970
agreement, the ordinance adopted under division (C)(1) of this	19971
section shall provide to the board compensation in the eleventh	19972
and subsequent years of the exemption period equal in value to not	19973
more than fifty per cent of the taxes that would be payable to the	19974
county or, if the board's objection includes an objection to an	19975
exemption percentage in excess of seventy-five per cent,	19976
compensation equal in value to not more than fifty per cent of the	19977
taxes that would be payable to the county, on the portion of the	19978
improvement in excess of seventy-five per cent, were that portion	19979
to be subject to taxation. The board of county commissioners shall	19980
certify its resolution to the legislative authority not later than	19981
thirty days after receipt of the notice.	19982

(3) If the board of county commissioners does not object or	19983
fails to certify its resolution objecting to an exemption within	19984
thirty days after receipt of the notice, the legislative authority	19985
may adopt the ordinance, and no compensation shall be provided to	19986
the board of county commissioners. If the board timely certifies	19987
its resolution objecting to the ordinance, the legislative	19988
authority may adopt the ordinance at any time after a mutually	19989
acceptable compensation agreement is agreed to by the board and	19990
the legislative authority, or, if no compensation agreement is	19991
negotiated, at any time after the legislative authority agrees in	19992
the proposed ordinance to provide compensation to the board of	19993
fifty per cent of the taxes that would be payable to the county in	19994
the eleventh and subsequent years of the exemption period or on	19995
the portion of the improvement in excess of seventy-five per cent,	19996
were that portion to be subject to taxation.	19997

(F) Service payments in lieu of taxes that are attributable	19998
to any amount by which the effective tax rate of either a renewal	19999
levy with an increase or a replacement levy exceeds the effective	20000
tax rate of the levy renewed or replaced, or that are attributable	20001
to an additional levy, for a levy authorized by the voters for any	20002
of the following purposes on or after January 1, 2006, and which	20003
are provided pursuant to an ordinance creating an incentive	20004
district under division (C)(1) of this section that is adopted on	20005
or after January 1, 2006, shall be distributed to the appropriate	20006
taxing authority as required under division (C) of section 5709.42	20007
of the Revised Code in an amount equal to the amount of taxes from	20008
that additional levy or from the increase in the effective tax	20009
rate of such renewal or replacement levy that would have been	20010
payable to that taxing authority from the following levies were it	20011
not for the exemption authorized under division (C) of this	20012
section:	20013

(1) A tax levied under division (L) of section 5705.19 or	20014
section 5705.191 of the Revised Code for community ~~mental~~	20015
~~retardation and~~ developmental disabilities programs and services	20016
pursuant to Chapter 5126. of the Revised Code;	20017

(2) A tax levied under division (Y) of section 5705.19 of the	20018
Revised Code for providing or maintaining senior citizens services	20019
or facilities;	20020

(3) A tax levied under section 5705.22 of the Revised Code	20021
for county hospitals;	20022

(4) A tax levied by a joint-county district or by a county	20023
under section 5705.19, 5705.191, or 5705.221 of the Revised Code	20024
for alcohol, drug addiction, and mental health services or	20025
facilities;	20026

(5) A tax levied under section 5705.23 of the Revised Code	20027
for library purposes;	20028

(6) A tax levied under section 5705.24 of the Revised Code	20029
for the support of children services and the placement and care of	20030
children;	20031

(7) A tax levied under division (Z) of section 5705.19 of the	20032
Revised Code for the provision and maintenance of zoological park	20033
services and facilities under section 307.76 of the Revised Code;	20034

(8) A tax levied under section 511.27 or division (H) of	20035
section 5705.19 of the Revised Code for the support of township	20036
park districts;	20037

(9) A tax levied under division (A), (F), or (H) of section	20038
5705.19 of the Revised Code for parks and recreational purposes of	20039
a joint recreation district organized pursuant to division (B) of	20040
section 755.14 of the Revised Code;	20041

(10) A tax levied under section 1545.20 or 1545.21 of the	20042
Revised Code for park district purposes;	20043

(11) A tax levied under section 5705.191 of the Revised Code	20044
for the purpose of making appropriations for public assistance;	20045
human or social services; public relief; public welfare; public	20046
health and hospitalization; and support of general hospitals;	20047

(12) A tax levied under section 3709.29 of the Revised Code	20048
for a general health district program.	20049

(G) An exemption from taxation granted under this section	20050
commences with the tax year specified in the ordinance so long as	20051
the year specified in the ordinance commences after the effective	20052
date of the ordinance. If the ordinance specifies a year	20053
commencing before the effective date of the resolution or	20054
specifies no year whatsoever, the exemption commences with the tax	20055
year in which an exempted improvement first appears on the tax	20056
list and duplicate of real and public utility property and that	20057
commences after the effective date of the ordinance. In lieu of	20058
stating a specific year, the ordinance may provide that the	20059
exemption commences in the tax year in which the value of an	20060
improvement exceeds a specified amount or in which the	20061
construction of one or more improvements is completed, provided	20062
that such tax year commences after the effective date of the	20063
ordinance. With respect to the exemption of improvements to	20064
parcels under division (B) of this section, the ordinance may	20065
allow for the exemption to commence in different tax years on a	20066
parcel-by-parcel basis, with a separate exemption term specified	20067
for each parcel.	20068

Except as otherwise provided in this division, the exemption	20069
ends on the date specified in the ordinance as the date the	20070
improvement ceases to be a public purpose or the incentive	20071
district expires, or ends on the date on which the public	20072
infrastructure improvements and housing renovations are paid in	20073
full from the municipal public improvement tax increment	20074
equivalent fund established under division (A) of section 5709.43	20075
of the Revised Code, whichever occurs first. The exemption of an	20076
improvement with respect to a parcel or within an incentive	20077
district may end on a later date, as specified in the ordinance,	20078
if the legislative authority and the board of education of the	20079
city, local, or exempted village school district within which the	20080
parcel or district is located have entered into a compensation	20081
agreement under section 5709.82 of the Revised Code with respect	20082
to the improvement, and the board of education has approved the	20083
term of the exemption under division (D)(2) of this section, but	20084
in no case shall the improvement be exempted from taxation for	20085
more than thirty years. Exemptions shall be claimed and allowed in	20086
the same manner as in the case of other real property exemptions.	20087
If an exemption status changes during a year, the procedure for	20088
the apportionment of the taxes for that year is the same as in the	20089
case of other changes in tax exemption status during the year.	20090

(H) Additional municipal financing of public infrastructure	20091
improvements and housing renovations may be provided by any	20092
methods that the municipal corporation may otherwise use for	20093
financing such improvements or renovations. If the municipal	20094
corporation issues bonds or notes to finance the public	20095
infrastructure improvements and housing renovations and pledges	20096
money from the municipal public improvement tax increment	20097
equivalent fund to pay the interest on and principal of the bonds	20098
or notes, the bonds or notes are not subject to Chapter 133. of	20099
the Revised Code.	20100

(I) The municipal corporation, not later than fifteen days	20101
after the adoption of an ordinance under this section, shall	20102
submit to the director of development services a copy of the	20103
ordinance. On or before the thirty-first day of March of each	20104
year, the municipal corporation shall submit a status report to	20105
the director of development services. The report shall indicate,	20106
in the manner prescribed by the director, the progress of the	20107
project during each year that an exemption remains in effect,	20108
including a summary of the receipts from service payments in lieu	20109
of taxes; expenditures of money from the funds created under	20110
section 5709.43 of the Revised Code; a description of the public	20111
infrastructure improvements and housing renovations financed with	20112
such expenditures; and a quantitative summary of changes in	20113
employment and private investment resulting from each project.	20114

(J) Nothing in this section shall be construed to prohibit a	20115
legislative authority from declaring to be a public purpose	20116
improvements with respect to more than one parcel.	20117

(K) If a parcel is located in a new community district in	20118
which the new community authority imposes a community development	20119
charge on the basis of rentals received from leases of real	20120
property as described in division (L)(2) of section 349.01 of the	20121
Revised Code, the parcel may not be exempted from taxation under	20122
this section.	20123

Sec. 5709.73. (A) As used in this section and section	20124
5709.74 of the Revised Code:	20125

(1) "Business day" means a day of the week excluding	20126
Saturday, Sunday, and a legal holiday as defined in section 1.14	20127
of the Revised Code.	20128

(2) "Further improvements" or "improvements" means the	20129
increase in the assessed value of real property that would first	20130
appear on the tax list and duplicate of real and public utility	20131
property after the effective date of a resolution adopted under	20132
this section were it not for the exemption granted by that	20133
resolution. For purposes of division (B) of this section,	20134
"improvements" do not include any property used or to be used for	20135
residential purposes. For this purpose, "property that is used or	20136
to be used for residential purposes" means property that, as	20137
improved, is used or to be used for purposes that would cause the	20138
tax commissioner to classify the property as residential property	20139
in accordance with rules adopted by the commissioner under section	20140
5713.041 of the Revised Code.	20141

(3) "Housing renovation" means a project carried out for	20142
residential purposes.	20143

(4) "Incentive district" has the same meaning as in section	20144
5709.40 of the Revised Code, except that a blighted area is in the	20145
unincorporated area of a township.	20146

(5) "Project" and "public infrastructure improvement" have	20147
the same meanings as in section 5709.40 of the Revised Code.	20148

(B) A board of township trustees may, by unanimous vote,	20149
adopt a resolution that declares to be a public purpose any public	20150
infrastructure improvements made that are necessary for the	20151
development of certain parcels of land located in the	20152
unincorporated area of the township. Except with the approval	20153
under division (D) of this section of the board of education of	20154
each city, local, or exempted village school district within which	20155
the improvements are located, the resolution may exempt from real	20156
property taxation not more than seventy-five per cent of further	20157
improvements to a parcel of land that directly benefits from the	20158
public infrastructure improvements, for a period of not more than	20159
ten years. The resolution shall specify the percentage of the	20160
further improvements to be exempted and the life of the exemption.	20161

(C)(1) A board of township trustees may adopt, by unanimous	20162
vote, a resolution creating an incentive district and declaring	20163
improvements to parcels within the district to be a public purpose	20164
and, except as provided in division (F) of this section, exempt	20165
from taxation as provided in this section, but no board of	20166
township trustees of a township that has a population that exceeds	20167
twenty-five thousand, as shown by the most recent federal	20168
decennial census, shall adopt a resolution that creates an	20169
incentive district if the sum of the taxable value of real	20170
property in the proposed district for the preceding tax year and	20171
the taxable value of all real property in the township that would	20172
have been taxable in the preceding year were it not for the fact	20173
that the property was in an existing incentive district and	20174
therefore exempt from taxation exceeds twenty-five per cent of the	20175
taxable value of real property in the township for the preceding	20176
tax year. The district shall be located within the unincorporated	20177
area of the township and shall not include any territory that is	20178
included within a district created under division (B) of section	20179
5709.78 of the Revised Code. The resolution shall delineate the	20180
boundary of the district and specifically identify each parcel	20181
within the district. A district may not include any parcel that is	20182
or has been exempted from taxation under division (B) of this	20183
section or that is or has been within another district created	20184
under this division. A resolution may create more than one	20185
district, and more than one resolution may be adopted under	20186
division (C)(1) of this section.	20187

(2) Not later than thirty days prior to adopting a resolution	20188
under division (C)(1) of this section, if the township intends to	20189
apply for exemptions from taxation under section 5709.911 of the	20190
Revised Code on behalf of owners of real property located within	20191
the proposed incentive district, the board shall conduct a public	20192
hearing on the proposed resolution. Not later than thirty days	20193
prior to the public hearing, the board shall give notice of the	20194
public hearing and the proposed resolution by first class mail to	20195
every real property owner whose property is located within the	20196
boundaries of the proposed incentive district that is the subject	20197
of the proposed resolution.	20198

(3)(a) A resolution adopted under division (C)(1) of this	20199
section shall specify the life of the incentive district and the	20200
percentage of the improvements to be exempted, shall designate the	20201
public infrastructure improvements made, to be made, or in the	20202
process of being made, that benefit or serve, or, once made, will	20203
benefit or serve parcels in the district. The resolution also	20204
shall identify one or more specific projects being, or to be,	20205
undertaken in the district that place additional demand on the	20206
public infrastructure improvements designated in the resolution.	20207
The project identified may, but need not be, the project under	20208
division (C)(3)(b) of this section that places real property in	20209
use for commercial or industrial purposes.	20210

A resolution adopted under division (C)(1) of this section on	20211
or after March 30, 2006, shall not designate police or fire	20212
equipment as public infrastructure improvements, and no service	20213
payment provided for in section 5709.74 of the Revised Code and	20214
received by the township under the resolution shall be used for	20215
police or fire equipment.	20216

(b) A resolution adopted under division (C)(1) of this	20217
section may authorize the use of service payments provided for in	20218
section 5709.74 of the Revised Code for the purpose of housing	20219
renovations within the incentive district, provided that the	20220
resolution also designates public infrastructure improvements that	20221
benefit or serve the district, and that a project within the	20222
district places real property in use for commercial or industrial	20223
purposes. Service payments may be used to finance or support	20224
loans, deferred loans, and grants to persons for the purpose of	20225
housing renovations within the district. The resolution shall	20226
designate the parcels within the district that are eligible for	20227
housing renovations. The resolution shall state separately the	20228
amount or the percentages of the expected aggregate service	20229
payments that are designated for each public infrastructure	20230
improvement and for the purpose of housing renovations.	20231

(4) Except with the approval of the board of education of	20232
each city, local, or exempted village school district within the	20233
territory of which the incentive district is or will be located,	20234
and subject to division (E) of this section, the life of an	20235
incentive district shall not exceed ten years, and the percentage	20236
of improvements to be exempted shall not exceed seventy-five per	20237
cent. With approval of the board of education, the life of a	20238
district may be not more than thirty years, and the percentage of	20239
improvements to be exempted may be not more than one hundred per	20240
cent. The approval of a board of education shall be obtained in	20241
the manner provided in division (D) of this section.	20242

(D) Improvements with respect to a parcel may be exempted	20243
from taxation under division (B) of this section, and improvements	20244
to parcels within an incentive district may be exempted from	20245
taxation under division (C) of this section, for up to ten years	20246
or, with the approval of the board of education of the city,	20247
local, or exempted village school district within which the parcel	20248
or district is located, for up to thirty years. The percentage of	20249
the improvements exempted from taxation may, with such approval,	20250
exceed seventy-five per cent, but shall not exceed one hundred per	20251
cent. Not later than forty-five business days prior to adopting a	20252
resolution under this section declaring improvements to be a	20253
public purpose that is subject to approval by a board of education	20254
under this division, the board of township trustees shall deliver	20255
to the board of education a notice stating its intent to adopt a	20256
resolution making that declaration. The notice regarding	20257
improvements with respect to a parcel under division (B) of this	20258
section shall identify the parcels for which improvements are to	20259
be exempted from taxation, provide an estimate of the true value	20260
in money of the improvements, specify the period for which the	20261
improvements would be exempted from taxation and the percentage of	20262
the improvements that would be exempted, and indicate the date on	20263
which the board of township trustees intends to adopt the	20264
resolution. The notice regarding improvements made under division	20265
(C) of this section to parcels within an incentive district shall	20266
delineate the boundaries of the district, specifically identify	20267
each parcel within the district, identify each anticipated	20268
improvement in the district, provide an estimate of the true value	20269
in money of each such improvement, specify the life of the	20270
district and the percentage of improvements that would be	20271
exempted, and indicate the date on which the board of township	20272
trustees intends to adopt the resolution. The board of education,	20273
by resolution adopted by a majority of the board, may approve the	20274
exemption for the period or for the exemption percentage specified	20275
in the notice; may disapprove the exemption for the number of	20276
years in excess of ten, may disapprove the exemption for the	20277
percentage of the improvements to be exempted in excess of	20278
seventy-five per cent, or both; or may approve the exemption on	20279
the condition that the board of township trustees and the board of	20280
education negotiate an agreement providing for compensation to the	20281
school district equal in value to a percentage of the amount of	20282
taxes exempted in the eleventh and subsequent years of the	20283
exemption period or, in the case of exemption percentages in	20284
excess of seventy-five per cent, compensation equal in value to a	20285
percentage of the taxes that would be payable on the portion of	20286
the improvements in excess of seventy-five per cent were that	20287
portion to be subject to taxation, or other mutually agreeable	20288
compensation.	20289

The board of education shall certify its resolution to the	20290
board of township trustees not later than fourteen days prior to	20291
the date the board of township trustees intends to adopt the	20292
resolution as indicated in the notice. If the board of education	20293
and the board of township trustees negotiate a mutually acceptable	20294
compensation agreement, the resolution may declare the	20295
improvements a public purpose for the number of years specified in	20296
the resolution or, in the case of exemption percentages in excess	20297
of seventy-five per cent, for the exemption percentage specified	20298
in the resolution. In either case, if the board of education and	20299
the board of township trustees fail to negotiate a mutually	20300
acceptable compensation agreement, the resolution may declare the	20301
improvements a public purpose for not more than ten years, and	20302
shall not exempt more than seventy-five per cent of the	20303
improvements from taxation. If the board of education fails to	20304
certify a resolution to the board of township trustees within the	20305
time prescribed by this section, the board of township trustees	20306
thereupon may adopt the resolution and may declare the	20307
improvements a public purpose for up to thirty years or, in the	20308
case of exemption percentages proposed in excess of seventy-five	20309
per cent, for the exemption percentage specified in the	20310
resolution. The board of township trustees may adopt the	20311
resolution at any time after the board of education certifies its	20312
resolution approving the exemption to the board of township	20313
trustees, or, if the board of education approves the exemption on	20314
the condition that a mutually acceptable compensation agreement be	20315
negotiated, at any time after the compensation agreement is agreed	20316
to by the board of education and the board of township trustees.	20317
If a mutually acceptable compensation agreement is negotiated	20318
between the board of township trustees and the board of education,	20319
including agreements for payments in lieu of taxes under section	20320
5709.74 of the Revised Code, the board of township trustees shall	20321
compensate the joint vocational school district within which the	20322
parcel or district is located at the same rate and under the same	20323
terms received by the city, local, or exempted village school	20324
district.	20325

If a board of education has adopted a resolution waiving its	20326
right to approve exemptions from taxation under this section and	20327
the resolution remains in effect, approval of such exemptions by	20328
the board of education is not required under division (D) of this	20329
section. If a board of education has adopted a resolution allowing	20330
a board of township trustees to deliver the notice required under	20331
division (D) of this section fewer than forty-five business days	20332
prior to adoption of the resolution by the board of township	20333
trustees, the board of township trustees shall deliver the notice	20334
to the board of education not later than the number of days prior	20335
to the adoption as prescribed by the board of education in its	20336
resolution. If a board of education adopts a resolution waiving	20337
its right to approve exemptions or shortening the notification	20338
period, the board of education shall certify a copy of the	20339
resolution to the board of township trustees. If the board of	20340
education rescinds the resolution, it shall certify notice of the	20341
rescission to the board of township trustees.	20342

If the board of township trustees is not required by division	20343
(D) of this section to notify the board of education of the board	20344
of township trustees' intent to declare improvements to be a	20345
public purpose, the board of township trustees shall comply with	20346
the notice requirements imposed under section 5709.83 of the	20347
Revised Code before taking formal action to adopt the resolution	20348
making that declaration, unless the board of education has adopted	20349
a resolution under that section waiving its right to receive the	20350
notice.	20351

(E)(1) If a proposed resolution under division (C)(1) of this	20352
section exempts improvements with respect to a parcel within an	20353
incentive district for more than ten years, or the percentage of	20354
the improvement exempted from taxation exceeds seventy-five per	20355
cent, not later than forty-five business days prior to adopting	20356
the resolution the board of township trustees shall deliver to the	20357
board of county commissioners of the county within which the	20358
incentive district is or will be located a notice that states its	20359
intent to adopt a resolution creating an incentive district. The	20360
notice shall include a copy of the proposed resolution, identify	20361
the parcels for which improvements are to be exempted from	20362
taxation, provide an estimate of the true value in money of the	20363
improvements, specify the period of time for which the	20364
improvements would be exempted from taxation, specify the	20365
percentage of the improvements that would be exempted from	20366
taxation, and indicate the date on which the board of township	20367
trustees intends to adopt the resolution.	20368

(2) The board of county commissioners, by resolution adopted	20369
by a majority of the board, may object to the exemption for the	20370
number of years in excess of ten, may object to the exemption for	20371
the percentage of the improvement to be exempted in excess of	20372
seventy-five per cent, or both. If the board of county	20373
commissioners objects, the board may negotiate a mutually	20374
acceptable compensation agreement with the board of township	20375
trustees. In no case shall the compensation provided to the board	20376
of county commissioners exceed the property taxes foregone due to	20377
the exemption. If the board of county commissioners objects, and	20378
the board of county commissioners and board of township trustees	20379
fail to negotiate a mutually acceptable compensation agreement,	20380
the resolution adopted under division (C)(1) of this section shall	20381
provide to the board of county commissioners compensation in the	20382
eleventh and subsequent years of the exemption period equal in	20383
value to not more than fifty per cent of the taxes that would be	20384
payable to the county or, if the board of county commissioner's	20385
objection includes an objection to an exemption percentage in	20386
excess of seventy-five per cent, compensation equal in value to	20387
not more than fifty per cent of the taxes that would be payable to	20388
the county, on the portion of the improvement in excess of	20389
seventy-five per cent, were that portion to be subject to	20390
taxation. The board of county commissioners shall certify its	20391
resolution to the board of township trustees not later than thirty	20392
days after receipt of the notice.	20393

(3) If the board of county commissioners does not object or	20394
fails to certify its resolution objecting to an exemption within	20395
thirty days after receipt of the notice, the board of township	20396
trustees may adopt its resolution, and no compensation shall be	20397
provided to the board of county commissioners. If the board of	20398
county commissioners timely certifies its resolution objecting to	20399
the trustees' resolution, the board of township trustees may adopt	20400
its resolution at any time after a mutually acceptable	20401
compensation agreement is agreed to by the board of county	20402
commissioners and the board of township trustees, or, if no	20403
compensation agreement is negotiated, at any time after the board	20404
of township trustees agrees in the proposed resolution to provide	20405
compensation to the board of county commissioners of fifty per	20406
cent of the taxes that would be payable to the county in the	20407
eleventh and subsequent years of the exemption period or on the	20408
portion of the improvement in excess of seventy-five per cent,	20409
were that portion to be subject to taxation.	20410

(F) Service payments in lieu of taxes that are attributable	20411
to any amount by which the effective tax rate of either a renewal	20412
levy with an increase or a replacement levy exceeds the effective	20413
tax rate of the levy renewed or replaced, or that are attributable	20414
to an additional levy, for a levy authorized by the voters for any	20415
of the following purposes on or after January 1, 2006, and which	20416
are provided pursuant to a resolution creating an incentive	20417
district under division (C)(1) of this section that is adopted on	20418
or after January 1, 2006, shall be distributed to the appropriate	20419
taxing authority as required under division (C) of section 5709.74	20420
of the Revised Code in an amount equal to the amount of taxes from	20421
that additional levy or from the increase in the effective tax	20422
rate of such renewal or replacement levy that would have been	20423
payable to that taxing authority from the following levies were it	20424
not for the exemption authorized under division (C) of this	20425
section:	20426

(1) A tax levied under division (L) of section 5705.19 or	20427
section 5705.191 of the Revised Code for community ~~mental~~	20428
~~retardation and~~ developmental disabilities programs and services	20429
pursuant to Chapter 5126. of the Revised Code;	20430

(2) A tax levied under division (Y) of section 5705.19 of the	20431
Revised Code for providing or maintaining senior citizens services	20432
or facilities;	20433

(3) A tax levied under section 5705.22 of the Revised Code	20434
for county hospitals;	20435

(4) A tax levied by a joint-county district or by a county	20436
under section 5705.19, 5705.191, or 5705.221 of the Revised Code	20437
for alcohol, drug addiction, and mental health services or	20438
families;	20439

(5) A tax levied under section 5705.23 of the Revised Code	20440
for library purposes;	20441

(6) A tax levied under section 5705.24 of the Revised Code	20442
for the support of children services and the placement and care of	20443
children;	20444

(7) A tax levied under division (Z) of section 5705.19 of the	20445
Revised Code for the provision and maintenance of zoological park	20446
services and facilities under section 307.76 of the Revised Code;	20447

(8) A tax levied under section 511.27 or division (H) of	20448
section 5705.19 of the Revised Code for the support of township	20449
park districts;	20450

(9) A tax levied under division (A), (F), or (H) of section	20451
5705.19 of the Revised Code for parks and recreational purposes of	20452
a joint recreation district organized pursuant to division (B) of	20453
section 755.14 of the Revised Code;	20454

(10) A tax levied under section 1545.20 or 1545.21 of the	20455
Revised Code for park district purposes;	20456

(11) A tax levied under section 5705.191 of the Revised Code	20457
for the purpose of making appropriations for public assistance;	20458
human or social services; public relief; public welfare; public	20459
health and hospitalization; and support of general hospitals;	20460

(12) A tax levied under section 3709.29 of the Revised Code	20461
for a general health district program.	20462

(G) An exemption from taxation granted under this section	20463
commences with the tax year specified in the resolution so long as	20464
the year specified in the resolution commences after the effective	20465
date of the resolution. If the resolution specifies a year	20466
commencing before the effective date of the resolution or	20467
specifies no year whatsoever, the exemption commences with the tax	20468
year in which an exempted improvement first appears on the tax	20469
list and duplicate of real and public utility property and that	20470
commences after the effective date of the resolution. In lieu of	20471
stating a specific year, the resolution may provide that the	20472
exemption commences in the tax year in which the value of an	20473
improvement exceeds a specified amount or in which the	20474
construction of one or more improvements is completed, provided	20475
that such tax year commences after the effective date of the	20476
resolution. With respect to the exemption of improvements to	20477
parcels under division (B) of this section, the resolution may	20478
allow for the exemption to commence in different tax years on a	20479
parcel-by-parcel basis, with a separate exemption term specified	20480
for each parcel.	20481

Except as otherwise provided in this division, the exemption	20482
ends on the date specified in the resolution as the date the	20483
improvement ceases to be a public purpose or the incentive	20484
district expires, or ends on the date on which the public	20485
infrastructure improvements and housing renovations are paid in	20486
full from the township public improvement tax increment equivalent	20487
fund established under section 5709.75 of the Revised Code,	20488
whichever occurs first. The exemption of an improvement with	20489
respect to a parcel or within an incentive district may end on a	20490
later date, as specified in the resolution, if the board of	20491
township trustees and the board of education of the city, local,	20492
or exempted village school district within which the parcel or	20493
district is located have entered into a compensation agreement	20494
under section 5709.82 of the Revised Code with respect to the	20495
improvement and the board of education has approved the term of	20496
the exemption under division (D) of this section, but in no case	20497
shall the improvement be exempted from taxation for more than	20498
thirty years. The board of township trustees may, by majority	20499
vote, adopt a resolution permitting the township to enter into	20500
such agreements as the board finds necessary or appropriate to	20501
provide for the construction or undertaking of public	20502
infrastructure improvements and housing renovations. Any exemption	20503
shall be claimed and allowed in the same or a similar manner as in	20504
the case of other real property exemptions. If an exemption status	20505
changes during a tax year, the procedure for the apportionment of	20506
the taxes for that year is the same as in the case of other	20507
changes in tax exemption status during the year.	20508

(H) The board of township trustees may issue the notes of the	20509
township to finance all costs pertaining to the construction or	20510
undertaking of public infrastructure improvements and housing	20511
renovations made pursuant to this section. The notes shall be	20512
signed by the board and attested by the signature of the township	20513
fiscal officer, shall bear interest not to exceed the rate	20514
provided in section 9.95 of the Revised Code, and are not subject	20515
to Chapter 133. of the Revised Code. The resolution authorizing	20516
the issuance of the notes shall pledge the funds of the township	20517
public improvement tax increment equivalent fund established	20518
pursuant to section 5709.75 of the Revised Code to pay the	20519
interest on and principal of the notes. The notes, which may	20520
contain a clause permitting prepayment at the option of the board,	20521
shall be offered for sale on the open market or given to the	20522
vendor or contractor if no sale is made.	20523

(I) The township, not later than fifteen days after the	20524
adoption of a resolution under this section, shall submit to the	20525
director of development services a copy of the resolution. On or	20526
before the thirty-first day of March of each year, the township	20527
shall submit a status report to the director of development	20528
services. The report shall indicate, in the manner prescribed by	20529
the director, the progress of the project during each year that	20530
the exemption remains in effect, including a summary of the	20531
receipts from service payments in lieu of taxes; expenditures of	20532
money from the fund created under section 5709.75 of the Revised	20533
Code; a description of the public infrastructure improvements and	20534
housing renovations financed with the expenditures; and a	20535
quantitative summary of changes in private investment resulting	20536
from each project.	20537

(J) Nothing in this section shall be construed to prohibit a	20538
board of township trustees from declaring to be a public purpose	20539
improvements with respect to more than one parcel.	20540

If a parcel is located in a new community district in which	20541
the new community authority imposes a community development charge	20542
on the basis of rentals received from leases of real property as	20543
described in division (L)(2) of section 349.01 of the Revised	20544
Code, the parcel may not be exempted from taxation under this	20545
section.	20546

(K) A board of township trustees that adopted a resolution	20547
under this section prior to July 21, 1994, may amend that	20548
resolution to include any additional public infrastructure	20549
improvement. A board of township trustees that seeks by the	20550
amendment to utilize money from its township public improvement	20551
tax increment equivalent fund for land acquisition in aid of	20552
industry, commerce, distribution, or research, demolition on	20553
private property, or stormwater and flood remediation projects may	20554
do so provided that the board currently is a party to a	20555
hold-harmless agreement with the board of education of the city,	20556
local, or exempted village school district within the territory of	20557
which are located the parcels that are subject to an exemption.	20558
For the purposes of this division, a "hold-harmless agreement"	20559
means an agreement under which the board of township trustees	20560
agrees to compensate the school district for one hundred per cent	20561
of the tax revenue that the school district would have received	20562
from further improvements to parcels designated in the resolution	20563
were it not for the exemption granted by the resolution.	20564

Sec. 5709.78. (A) A board of county commissioners may, by	20565
resolution, declare improvements to certain parcels of real	20566
property located in the unincorporated territory of the county to	20567
be a public purpose. Except with the approval under division (C)	20568
of this section of the board of education of each city, local, or	20569
exempted village school district within which the improvements are	20570
located, not more than seventy-five per cent of an improvement	20571
thus declared to be a public purpose may be exempted from real	20572
property taxation, for a period of not more than ten years. The	20573
resolution shall specify the percentage of the improvement to be	20574
exempted and the life of the exemption.	20575

A resolution adopted under this division shall designate the	20576
specific public infrastructure improvements made, to be made, or	20577
in the process of being made by the county that directly benefit,	20578
or that once made will directly benefit, the parcels for which	20579
improvements are declared to be a public purpose. The service	20580
payments provided for in section 5709.79 of the Revised Code shall	20581
be used to finance the public infrastructure improvements	20582
designated in the resolution, or as provided in section 5709.80 of	20583
the Revised Code.	20584

(B)(1) A board of county commissioners may adopt a resolution	20585
creating an incentive district and declaring improvements to	20586
parcels within the district to be a public purpose and, except as	20587
provided in division (E) of this section, exempt from taxation as	20588
provided in this section, but no board of county commissioners of	20589
a county that has a population that exceeds twenty-five thousand,	20590
as shown by the most recent federal decennial census, shall adopt	20591
a resolution that creates an incentive district if the sum of the	20592
taxable value of real property in the proposed district for the	20593
preceding tax year and the taxable value of all real property in	20594
the county that would have been taxable in the preceding year were	20595
it not for the fact that the property was in an existing incentive	20596
district and therefore exempt from taxation exceeds twenty-five	20597
per cent of the taxable value of real property in the county for	20598
the preceding tax year. The district shall be located within the	20599
unincorporated territory of the county and shall not include any	20600
territory that is included within a district created under	20601
division (C) of section 5709.73 of the Revised Code. The	20602
resolution shall delineate the boundary of the district and	20603
specifically identify each parcel within the district. A district	20604
may not include any parcel that is or has been exempted from	20605
taxation under division (A) of this section or that is or has been	20606
within another district created under this division. A resolution	20607
may create more than one such district, and more than one	20608
resolution may be adopted under division (B)(1) of this section.	20609

(2) Not later than thirty days prior to adopting a resolution	20610
under division (B)(1) of this section, if the county intends to	20611
apply for exemptions from taxation under section 5709.911 of the	20612
Revised Code on behalf of owners of real property located within	20613
the proposed incentive district, the board of county commissioners	20614
shall conduct a public hearing on the proposed resolution. Not	20615
later than thirty days prior to the public hearing, the board	20616
shall give notice of the public hearing and the proposed	20617
resolution by first class mail to every real property owner whose	20618
property is located within the boundaries of the proposed	20619
incentive district that is the subject of the proposed resolution.	20620
The board also shall provide the notice by first class mail to the	20621
clerk of each township in which the proposed incentive district	20622
will be located.	20623

(3)(a) A resolution adopted under division (B)(1) of this	20624
section shall specify the life of the incentive district and the	20625
percentage of the improvements to be exempted, shall designate the	20626
public infrastructure improvements made, to be made, or in the	20627
process of being made, that benefit or serve, or, once made, will	20628
benefit or serve parcels in the district. The resolution also	20629
shall identify one or more specific projects being, or to be,	20630
undertaken in the district that place additional demand on the	20631
public infrastructure improvements designated in the resolution.	20632
The project identified may, but need not be, the project under	20633
division (B)(3)(b) of this section that places real property in	20634
use for commercial or industrial purposes.	20635

A resolution adopted under division (B)(1) of this section on	20636
or after March 30, 2006, shall not designate police or fire	20637
equipment as public infrastructure improvements, and no service	20638
payment provided for in section 5709.79 of the Revised Code and	20639
received by the county under the resolution shall be used for	20640
police or fire equipment.	20641

(b) A resolution adopted under division (B)(1) of this	20642
section may authorize the use of service payments provided for in	20643
section 5709.79 of the Revised Code for the purpose of housing	20644
renovations within the incentive district, provided that the	20645
resolution also designates public infrastructure improvements that	20646
benefit or serve the district, and that a project within the	20647
district places real property in use for commercial or industrial	20648
purposes. Service payments may be used to finance or support	20649
loans, deferred loans, and grants to persons for the purpose of	20650
housing renovations within the district. The resolution shall	20651
designate the parcels within the district that are eligible for	20652
housing renovations. The resolution shall state separately the	20653
amount or the percentages of the expected aggregate service	20654
payments that are designated for each public infrastructure	20655
improvement and for the purpose of housing renovations.	20656

(4) Except with the approval of the board of education of	20657
each city, local, or exempted village school district within the	20658
territory of which the incentive district is or will be located,	20659
and subject to division (D) of this section, the life of an	20660
incentive district shall not exceed ten years, and the percentage	20661
of improvements to be exempted shall not exceed seventy-five per	20662
cent. With approval of the board of education, the life of a	20663
district may be not more than thirty years, and the percentage of	20664
improvements to be exempted may be not more than one hundred per	20665
cent. The approval of a board of education shall be obtained in	20666
the manner provided in division (C) of this section.	20667

(C)(1) Improvements with respect to a parcel may be exempted	20668
from taxation under division (A) of this section, and improvements	20669
to parcels within an incentive district may be exempted from	20670
taxation under division (B) of this section, for up to ten years	20671
or, with the approval of the board of education of each city,	20672
local, or exempted village school district within which the parcel	20673
or district is located, for up to thirty years. The percentage of	20674
the improvements exempted from taxation may, with such approval,	20675
exceed seventy-five per cent, but shall not exceed one hundred per	20676
cent. Not later than forty-five business days prior to adopting a	20677
resolution under this section declaring improvements to be a	20678
public purpose that is subject to the approval of a board of	20679
education under this division, the board of county commissioners	20680
shall deliver to the board of education a notice stating its	20681
intent to adopt a resolution making that declaration. The notice	20682
regarding improvements with respect to a parcel under division (A)	20683
of this section shall identify the parcels for which improvements	20684
are to be exempted from taxation, provide an estimate of the true	20685
value in money of the improvements, specify the period for which	20686
the improvements would be exempted from taxation and the	20687
percentage of the improvements that would be exempted, and	20688
indicate the date on which the board of county commissioners	20689
intends to adopt the resolution. The notice regarding improvements	20690
to parcels within an incentive district under division (B) of this	20691
section shall delineate the boundaries of the district,	20692
specifically identify each parcel within the district, identify	20693
each anticipated improvement in the district, provide an estimate	20694
of the true value in money of each such improvement, specify the	20695
life of the district and the percentage of improvements that would	20696
be exempted, and indicate the date on which the board of county	20697
commissioners intends to adopt the resolution. The board of	20698
education, by resolution adopted by a majority of the board, may	20699
approve the exemption for the period or for the exemption	20700
percentage specified in the notice; may disapprove the exemption	20701
for the number of years in excess of ten, may disapprove the	20702
exemption for the percentage of the improvements to be exempted in	20703
excess of seventy-five per cent, or both; or may approve the	20704
exemption on the condition that the board of county commissioners	20705
and the board of education negotiate an agreement providing for	20706
compensation to the school district equal in value to a percentage	20707
of the amount of taxes exempted in the eleventh and subsequent	20708
years of the exemption period or, in the case of exemption	20709
percentages in excess of seventy-five per cent, compensation equal	20710
in value to a percentage of the taxes that would be payable on the	20711
portion of the improvements in excess of seventy-five per cent	20712
were that portion to be subject to taxation, or other mutually	20713
agreeable compensation.	20714

(2) The board of education shall certify its resolution to	20715
the board of county commissioners not later than fourteen days	20716
prior to the date the board of county commissioners intends to	20717
adopt its resolution as indicated in the notice. If the board of	20718
education and the board of county commissioners negotiate a	20719
mutually acceptable compensation agreement, the resolution of the	20720
board of county commissioners may declare the improvements a	20721
public purpose for the number of years specified in that	20722
resolution or, in the case of exemption percentages in excess of	20723
seventy-five per cent, for the exemption percentage specified in	20724
the resolution. In either case, if the board of education and the	20725
board of county commissioners fail to negotiate a mutually	20726
acceptable compensation agreement, the resolution may declare the	20727
improvements a public purpose for not more than ten years, and	20728
shall not exempt more than seventy-five per cent of the	20729
improvements from taxation. If the board of education fails to	20730
certify a resolution to the board of county commissioners within	20731
the time prescribed by this section, the board of county	20732
commissioners thereupon may adopt the resolution and may declare	20733
the improvements a public purpose for up to thirty years or, in	20734
the case of exemption percentages proposed in excess of	20735
seventy-five per cent, for the exemption percentage specified in	20736
the resolution. The board of county commissioners may adopt the	20737
resolution at any time after the board of education certifies its	20738
resolution approving the exemption to the board of county	20739
commissioners, or, if the board of education approves the	20740
exemption on the condition that a mutually acceptable compensation	20741
agreement be negotiated, at any time after the compensation	20742
agreement is agreed to by the board of education and the board of	20743
county commissioners. If a mutually acceptable compensation	20744
agreement is negotiated between the board of county commissioners	20745
and the board of education, including agreements for payments in	20746
lieu of taxes under section 5709.79 of the Revised Code, the board	20747
of county commissioners shall compensate the joint vocational	20748
school district within which the parcel or district is located at	20749
the same rate and under the same terms received by the city,	20750
local, or exempted village school district.	20751

(3) If a board of education has adopted a resolution waiving	20752
its right to approve exemptions from taxation under this section	20753
and the resolution remains in effect, approval of such exemptions	20754
by the board of education is not required under division (C) of	20755
this section. If a board of education has adopted a resolution	20756
allowing a board of county commissioners to deliver the notice	20757
required under division (C) of this section fewer than forty-five	20758
business days prior to approval of the resolution by the board of	20759
county commissioners, the board of county commissioners shall	20760
deliver the notice to the board of education not later than the	20761
number of days prior to such approval as prescribed by the board	20762
of education in its resolution. If a board of education adopts a	20763
resolution waiving its right to approve exemptions or shortening	20764
the notification period, the board of education shall certify a	20765
copy of the resolution to the board of county commissioners. If	20766
the board of education rescinds such a resolution, it shall	20767
certify notice of the rescission to the board of county	20768
commissioners.	20769

(D)(1) If a proposed resolution under division (B)(1) of this	20770
section exempts improvements with respect to a parcel within an	20771
incentive district for more than ten years, or the percentage of	20772
the improvement exempted from taxation exceeds seventy-five per	20773
cent, not later than forty-five business days prior to adopting	20774
the resolution the board of county commissioners shall deliver to	20775
the board of township trustees of any township within which the	20776
incentive district is or will be located a notice that states its	20777
intent to adopt a resolution creating an incentive district. The	20778
notice shall include a copy of the proposed resolution, identify	20779
the parcels for which improvements are to be exempted from	20780
taxation, provide an estimate of the true value in money of the	20781
improvements, specify the period of time for which the	20782
improvements would be exempted from taxation, specify the	20783
percentage of the improvements that would be exempted from	20784
taxation, and indicate the date on which the board intends to	20785
adopt the resolution.	20786

(2) The board of township trustees, by resolution adopted by	20787
a majority of the board, may object to the exemption for the	20788
number of years in excess of ten, may object to the exemption for	20789
the percentage of the improvement to be exempted in excess of	20790
seventy-five per cent, or both. If the board of township trustees	20791
objects, the board of township trustees may negotiate a mutually	20792
acceptable compensation agreement with the board of county	20793
commissioners. In no case shall the compensation provided to the	20794
board of township trustees exceed the property taxes forgone due	20795
to the exemption. If the board of township trustees objects, and	20796
the board of township trustees and the board of county	20797
commissioners fail to negotiate a mutually acceptable compensation	20798
agreement, the resolution adopted under division (B)(1) of this	20799
section shall provide to the board of township trustees	20800
compensation in the eleventh and subsequent years of the exemption	20801
period equal in value to not more than fifty per cent of the taxes	20802
that would be payable to the township or, if the board of township	20803
trustee's objection includes an objection to an exemption	20804
percentage in excess of seventy-five per cent, compensation equal	20805
in value to not more than fifty per cent of the taxes that would	20806
be payable to the township on the portion of the improvement in	20807
excess of seventy-five per cent, were that portion to be subject	20808
to taxation. The board of township trustees shall certify its	20809
resolution to the board of county commissioners not later than	20810
thirty days after receipt of the notice.	20811

(3) If the board of township trustees does not object or	20812
fails to certify a resolution objecting to an exemption within	20813
thirty days after receipt of the notice, the board of county	20814
commissioners may adopt its resolution, and no compensation shall	20815
be provided to the board of township trustees. If the board of	20816
township trustees certifies its resolution objecting to the	20817
commissioners' resolution, the board of county commissioners may	20818
adopt its resolution at any time after a mutually acceptable	20819
compensation agreement is agreed to by the board of county	20820
commissioners and the board of township trustees. If the board of	20821
township trustees certifies a resolution objecting to the	20822
commissioners' resolution, the board of county commissioners may	20823
adopt its resolution at any time after a mutually acceptable	20824
compensation agreement is agreed to by the board of county	20825
commissioners and the board of township trustees, or, if no	20826
compensation agreement is negotiated, at any time after the board	20827
of county commissioners in the proposed resolution to provide	20828
compensation to the board of township trustees of fifty per cent	20829
of the taxes that would be payable to the township in the eleventh	20830
and subsequent years of the exemption period or on the portion of	20831
the improvement in excess of seventy-five per cent, were that	20832
portion to be subject to taxation.	20833

(E) Service payments in lieu of taxes that are attributable	20834
to any amount by which the effective tax rate of either a renewal	20835
levy with an increase or a replacement levy exceeds the effective	20836
tax rate of the levy renewed or replaced, or that are attributable	20837
to an additional levy, for a levy authorized by the voters for any	20838
of the following purposes on or after January 1, 2006, and which	20839
are provided pursuant to a resolution creating an incentive	20840
district under division (B)(1) of this section that is adopted on	20841
or after January 1, 2006, shall be distributed to the appropriate	20842
taxing authority as required under division (D) of section 5709.79	20843
of the Revised Code in an amount equal to the amount of taxes from	20844
that additional levy or from the increase in the effective tax	20845
rate of such renewal or replacement levy that would have been	20846
payable to that taxing authority from the following levies were it	20847
not for the exemption authorized under division (B) of this	20848
section:	20849

(1) A tax levied under division (L) of section 5705.19 or	20850
section 5705.191 of the Revised Code for community ~~mental~~	20851
~~retardation and~~ developmental disabilities programs and services	20852
pursuant to Chapter 5126. of the Revised Code;	20853

(2) A tax levied under division (Y) of section 5705.19 of the	20854
Revised Code for providing or maintaining senior citizens services	20855
or facilities;	20856

(3) A tax levied under section 5705.22 of the Revised Code	20857
for county hospitals;	20858

(4) A tax levied by a joint-county district or by a county	20859
under section 5705.19, 5705.191, or 5705.221 of the Revised Code	20860
for alcohol, drug addiction, and mental health services or	20861
facilities;	20862

(5) A tax levied under section 5705.23 of the Revised Code	20863
for library purposes;	20864

(6) A tax levied under section 5705.24 of the Revised Code	20865
for the support of children services and the placement and care of	20866
children;	20867

(7) A tax levied under division (Z) of section 5705.19 of the	20868
Revised Code for the provision and maintenance of zoological park	20869
services and facilities under section 307.76 of the Revised Code;	20870

(8) A tax levied under section 511.27 or division (H) of	20871
section 5705.19 of the Revised Code for the support of township	20872
park districts;	20873

(9) A tax levied under division (A), (F), or (H) of section	20874
5705.19 of the Revised Code for parks and recreational purposes of	20875
a joint recreation district organized pursuant to division (B) of	20876
section 755.14 of the Revised Code;	20877

(10) A tax levied under section 1545.20 or 1545.21 of the	20878
Revised Code for park district purposes;	20879

(11) A tax levied under section 5705.191 of the Revised Code	20880
for the purpose of making appropriations for public assistance;	20881
human or social services; public relief; public welfare; public	20882
health and hospitalization; and support of general hospitals;	20883

(12) A tax levied under section 3709.29 of the Revised Code	20884
for a general health district program.	20885

(F) An exemption from taxation granted under this section	20886
commences with the tax year specified in the resolution so long as	20887
the year specified in the resolution commences after the effective	20888
date of the resolution. If the resolution specifies a year	20889
commencing before the effective date of the resolution or	20890
specifies no year whatsoever, the exemption commences with the tax	20891
year in which an exempted improvement first appears on the tax	20892
list and duplicate of real and public utility property and that	20893
commences after the effective date of the resolution. In lieu of	20894
stating a specific year, the resolution may provide that the	20895
exemption commences in the tax year in which the value of an	20896
improvement exceeds a specified amount or in which the	20897
construction of one or more improvements is completed, provided	20898
that such tax year commences after the effective date of the	20899
resolution. With respect to the exemption of improvements to	20900
parcels under division (A) of this section, the resolution may	20901
allow for the exemption to commence in different tax years on a	20902
parcel-by-parcel basis, with a separate exemption term specified	20903
for each parcel.	20904

Except as otherwise provided in this division, the exemption	20905
ends on the date specified in the resolution as the date the	20906
improvement ceases to be a public purpose or the incentive	20907
district expires, or ends on the date on which the county can no	20908
longer require annual service payments in lieu of taxes under	20909
section 5709.79 of the Revised Code, whichever occurs first. The	20910
exemption of an improvement with respect to a parcel or within an	20911
incentive district may end on a later date, as specified in the	20912
resolution, if the board of commissioners and the board of	20913
education of the city, local, or exempted village school district	20914
within which the parcel or district is located have entered into a	20915
compensation agreement under section 5709.82 of the Revised Code	20916
with respect to the improvement, and the board of education has	20917
approved the term of the exemption under division (C)(1) of this	20918
section, but in no case shall the improvement be exempted from	20919
taxation for more than thirty years. Exemptions shall be claimed	20920
and allowed in the same or a similar manner as in the case of	20921
other real property exemptions. If an exemption status changes	20922
during a tax year, the procedure for the apportionment of the	20923
taxes for that year is the same as in the case of other changes in	20924
tax exemption status during the year.	20925

(G) If the board of county commissioners is not required by	20926
this section to notify the board of education of the board of	20927
county commissioners' intent to declare improvements to be a	20928
public purpose, the board of county commissioners shall comply	20929
with the notice requirements imposed under section 5709.83 of the	20930
Revised Code before taking formal action to adopt the resolution	20931
making that declaration, unless the board of education has adopted	20932
a resolution under that section waiving its right to receive such	20933
a notice.	20934

(H) The county, not later than fifteen days after the	20935
adoption of a resolution under this section, shall submit to the	20936
director of development services a copy of the resolution. On or	20937
before the thirty-first day of March of each year, the county	20938
shall submit a status report to the director of development	20939
services. The report shall indicate, in the manner prescribed by	20940
the director, the progress of the project during each year that an	20941
exemption remains in effect, including a summary of the receipts	20942
from service payments in lieu of taxes; expenditures of money from	20943
the fund created under section 5709.80 of the Revised Code; a	20944
description of the public infrastructure improvements and housing	20945
renovations financed with such expenditures; and a quantitative	20946
summary of changes in employment and private investment resulting	20947
from each project.	20948

(I) Nothing in this section shall be construed to prohibit a	20949
board of county commissioners from declaring to be a public	20950
purpose improvements with respect to more than one parcel.	20951

(J) If a parcel is located in a new community district in	20952
which the new community authority imposes a community development	20953
charge on the basis of rentals received from leases of real	20954
property as described in division (L)(2) of section 349.01 of the	20955
Revised Code, the parcel may not be exempted from taxation under	20956
this section.	20957

Sec. 5711.07. Personal property used in business shall be	20958
listed and assessed in the taxing district in which such business	20959
is carried on. If such business is carried on in more than one	20960
taxing district in the same county, the return shall set forth the	20961
amount of the property used therein which is situated in each	20962
taxing district in such county, and the value of all the personal	20963
property used in business shall be apportioned to and assessed in	20964
each of such taxing districts in proportion to the value of the	20965
personal property situated therein. Domestic animals not used in	20966
business shall be listed and assessed in the taxing district where	20967
kept. Ships, vessels, boats, and aircraft, and shares and	20968
interests therein, shall be listed and assessed in the taxing	20969
district in which the owner resides. All other taxable property	20970
shall be listed and assessed in the municipal corporation in which	20971
the owner resides, or, if the owner resides outside a municipal	20972
corporation, then in the county in which the owner resides except	20973
as provided in sections 5711.01 to 5711.36 of the Revised Code.	20974
Whenever, under such sections, taxable property required by this	20975
section to be listed and assessed in the taxing district or county	20976
in which the owner resides is required to be listed by a	20977
fiduciary, such property shall be listed and assessed by such	20978
fiduciary in the taxing district or county in which such fiduciary	20979
resides, or, in the case of joint fiduciaries, in which either	20980
such fiduciary resides; but such property belonging to the estate	20981
of a deceased resident of this state shall be listed and assessed	20982
in the taxing district or county in which the deceased resident	20983
resided at the time of death, regardless of the residence of the	20984
deceased resident's executors, administrators, or personal	20985
representatives, and such property belonging to a ward, minor,	20986
incompetent person, or beneficiary of a trust residing in this	20987
state, title, custody, or possession of which is vested in a	20988
nonresident fiduciary, shall be listed and assessed in the taxing	20989
district or county in which such ward, minor, incompetent person,	20990
or beneficiary resides.	20991

As used in this section, "incompetent person" means a person	20992
who is so mentally impaired as a result of a mental or physical	20993
illness or disability, or ~~mental retardation~~a developmental	20994
disability that is an intellectual disability, or as a result of	20995
chronic substance abuse, that the person is incapable of taking	20996
proper care of the person's self or property or fails to provide	20997
for the person's family or other persons for whom the person is	20998
charged by law to provide.	20999

Sec. 5747.03. (A) All money collected under this chapter	21000
arising from the taxes imposed by section 5747.02 or 5747.41 of	21001
the Revised Code shall be credited to the general revenue fund,	21002
except that the treasurer of state shall, at the beginning of each	21003
calendar quarter, credit to the Ohio political party fund,	21004
pursuant to section 3517.16 of the Revised Code, an amount equal	21005
to the total dollar value realized from the taxpayer exercise of	21006
the income tax checkoff option on tax forms processed during the	21007
preceding calendar quarter.	21008

(B)(1) Following the crediting of moneys pursuant to division	21009
(A) of this section, the remainder deposited in the general	21010
revenue fund shall be distributed pursuant to division (F) of	21011
section 321.24 and section 323.156 of the Revised Code; to make	21012
subsidy payments to institutions of higher education from	21013
appropriations to the Ohio board of regents; to support	21014
expenditures for programs and services for the mentally ill,	21015
~~mentally retarded, developmentally disabled~~persons with	21016
developmental disabilities, and the elderly; for primary and	21017
secondary education; for medical assistance; and for any other	21018
purposes authorized by law, subject to the limitation that at	21019
least fifty per cent of the income tax collected by the state from	21020
the tax imposed by section 5747.02 of the Revised Code shall be	21021
returned pursuant to Section 9 of Article XII, Ohio Constitution.	21022

(2) To ensure that such constitutional requirement is	21023
satisfied the tax commissioner shall, on or before the thirtieth	21024
day of June of each year, from the best information available to	21025
the tax commissioner, determine and certify for each county to the	21026
director of budget and management the amount of taxes collected	21027
under this chapter from the tax imposed under section 5747.02 of	21028
the Revised Code during the preceding calendar year that are	21029
required to be returned to the county by Section 9 of Article XII,	21030
Ohio Constitution. The director shall provide for payment from the	21031
general revenue fund to the county in the amount, if any, that the	21032
sum of the amount so certified for that county exceeds the sum of	21033
the following:	21034

(a) The sum of the payments from the general revenue fund for	21035
the preceding calendar year credited to the county's undivided	21036
income tax fund pursuant to division (F) of section 321.24 and	21037
section 323.156 of the Revised Code or made directly from the	21038
general revenue fund to political subdivisions located in the	21039
county;	21040

(b) The sum of the amounts from the general revenue fund	21041
distributed in the county during the preceding calendar year for	21042
subsidy payments to institutions of higher education from	21043
appropriations to the Ohio board of regents; for programs and	21044
services for mentally ill, ~~mentally retarded, developmentally~~	21045
~~disabled~~persons with developmental disabilities, and elderly	21046
persons; for primary and secondary education; and for medical	21047
assistance.	21048

(c) In the case of payments made by the director under this	21049
division in 2007, the total amount distributed to the county	21050
during the preceding calendar year from the local government fund	21051
and the local government revenue assistance fund, and, in the case	21052
of payments made by the director under this division in subsequent	21053
calendar years, the amount distributed to the county from the	21054
local government fund;	21055

(d) In the case of payments made by the director under this	21056
division, the total amount distributed to the county during the	21057
preceding calendar year from the public library fund.	21058

Payments under this division shall be credited to the	21059
county's undivided income tax fund, except that, notwithstanding	21060
section 5705.14 of the Revised Code, such payments may be	21061
transferred by the board of county commissioners to the county	21062
general fund by resolution adopted with the affirmative vote of	21063
two-thirds of the members thereof.	21064

(C) All payments received in each month from taxes imposed	21065
under Chapter 5748. of the Revised Code and any penalties or	21066
interest thereon shall be paid into the school district income tax	21067
fund, which is hereby created in the state treasury, except that	21068
an amount equal to the following portion of such payments shall be	21069
paid into the general school district income tax administrative	21070
fund, which is hereby created in the state treasury:	21071

(1) One and three-quarters of one per cent of those received	21072
in fiscal year 1996;	21073

(2) One and one-half per cent of those received in fiscal	21074
year 1997 and thereafter.	21075

Money in the school district income tax administrative fund	21076
shall be used by the tax commissioner to defray costs incurred in	21077
administering the school district's income tax, including the cost	21078
of providing employers with information regarding the rate of tax	21079
imposed by any school district. Any moneys remaining in the fund	21080
after such use shall be deposited in the school district income	21081
tax fund.	21082

All interest earned on moneys in the school district income	21083
tax fund shall be credited to the fund.	21084

(D)(1)(a) Within thirty days of the end of each calendar	21085
quarter ending on the last day of March, June, September, and	21086
December, the director of budget and management shall make a	21087
payment from the school district income tax fund to each school	21088
district for which school district income tax revenue was received	21089
during that quarter. The amount of the payment shall equal the	21090
balance in the school district's account at the end of that	21091
quarter.	21092

(b) After a school district ceases to levy an income tax, the	21093
director of budget and management shall adjust the payments under	21094
division (D)(1)(a) of this section to retain sufficient money in	21095
the school district's account to pay refunds. For the calendar	21096
quarters ending on the last day of March and December of the	21097
calendar year following the last calendar year the tax is levied,	21098
the director shall make the payments in the amount required under	21099
division (D)(1)(a) of this section. For the calendar quarter	21100
ending on the last day of June of the calendar year following the	21101
last calendar year the tax is levied, the director shall make a	21102
payment equal to nine-tenths of the balance in the account at the	21103
end of that quarter. For the calendar quarter ending on the last	21104
day of September of the calendar year following the last calendar	21105
year the tax is levied, the director shall make no payment. For	21106
the second and succeeding calendar years following the last	21107
calendar year the tax is levied, the director shall make one	21108
payment each year, within thirty days of the last day of June, in	21109
an amount equal to the balance in the district's account on the	21110
last day of June.	21111

(2) Moneys paid to a school district under this division	21112
shall be deposited in its school district income tax fund. All	21113
interest earned on moneys in the school district income tax fund	21114
shall be apportioned by the tax commissioner pro rata among the	21115
school districts in the proportions and at the times the districts	21116
are entitled to receive payments under this division.	21117

Sec. 5815.28. (A) As used in this section:

21118

(1) "Ascertainable standard" includes a standard in a trust	21119
instrument requiring the trustee to provide for the care, comfort,	21120
maintenance, welfare, education, or general well-being of the	21121
beneficiary.	21122

(2) "Disability" means any substantial, medically	21123
determinable impairment that can be expected to result in death or	21124
that has lasted or can be expected to last for a continuous period	21125
of at least twelve months, except that "disability" does not	21126
include an impairment that is the result of abuse of alcohol or	21127
drugs.	21128

(3) "Political subdivision" and "state" have the same	21129
meanings as in section 2744.01 of the Revised Code.	21130

(4) "Supplemental services" means services specified by rule	21131
of the department of mental health and addiction services under	21132
section 5119.10 of the Revised Code or the department of	21133
developmental disabilities under section 5123.04 of the Revised	21134
Code that are provided to an individual with a disability in	21135
addition to services the individual is eligible to receive under	21136
programs authorized by federal or state law.	21137

(B) Any person may create a trust under this section to	21138
provide funding for supplemental services for the benefit of	21139
another individual who meets either of the following conditions:	21140

(1) The individual has a physical or mental disability and is	21141
eligible to receive services through the department of	21142
developmental disabilities or a county board of developmental	21143
disabilities;	21144

(2) The individual has a mental disability and is eligible to	21145
receive services through the department of mental health and	21146
addiction services or a board of alcohol, drug addiction, and	21147
mental health services.	21148

The trust may confer discretion upon the trustee and may	21149
contain specific instructions or conditions governing the exercise	21150
of the discretion.	21151

(C) The general division of the court of common pleas and the	21152
probate court of the county in which the beneficiary of a trust	21153
authorized by division (B) of this section resides or is confined	21154
have concurrent original jurisdiction to hear and determine	21155
actions pertaining to the trust. In any action pertaining to the	21156
trust in a court of common pleas or probate court and in any	21157
appeal of the action, all of the following apply to the trial or	21158
appellate court:	21159

(1) The court shall render determinations consistent with the	21160
testator's or other settlor's intent in creating the trust, as	21161
evidenced by the terms of the trust instrument.	21162

(2) The court may order the trustee to exercise discretion	21163
that the trust instrument confers upon the trustee only if the	21164
instrument contains specific instructions or conditions governing	21165
the exercise of that discretion and the trustee has failed to	21166
comply with the instructions or conditions. In issuing an order	21167
pursuant to this division, the court shall require the trustee to	21168
exercise the trustee's discretion only in accordance with the	21169
instructions or conditions.	21170

(3) The court may order the trustee to maintain the trust and	21171
distribute assets in accordance with rules adopted by the director	21172
of mental health and addiction services under section 5119.10 of	21173
the Revised Code or the director of developmental disabilities	21174
under section 5123.04 of the Revised Code if the trustee has	21175
failed to comply with such rules.	21176

(D) To the extent permitted by federal law and subject to the	21177
provisions of division (C)(2) of this section pertaining to the	21178
enforcement of specific instructions or conditions governing a	21179
trustee's discretion, a trust authorized by division (B) of this	21180
section that confers discretion upon the trustee shall not be	21181
considered an asset or resource of the beneficiary, the	21182
beneficiary's estate, the settlor, or the settlor's estate and	21183
shall be exempt from the claims of creditors, political	21184
subdivisions, the state, other governmental entities, and other	21185
claimants against the beneficiary, the beneficiary's estate, the	21186
settlor, or the settlor's estate, including claims regarding the	21187
medicaid program or based on provisions of Chapters 5121. or 5123.	21188
of the Revised Code and claims sought to be satisfied by way of a	21189
civil action, subrogation, execution, garnishment, attachment,	21190
judicial sale, or other legal process, if all of the following	21191
apply:	21192

(1) At the time the trust is created, the trust principal	21193
does not exceed the maximum amount determined under division (E)	21194
of this section;	21195

(2) The trust instrument contains a statement of the	21196
settlor's intent, or otherwise clearly evidences the settlor's	21197
intent, that the beneficiary does not have authority to compel the	21198
trustee under any circumstances to furnish the beneficiary with	21199
minimal or other maintenance or support, to make payments from the	21200
principal of the trust or from the income derived from the	21201
principal, or to convert any portion of the principal into cash,	21202
whether pursuant to an ascertainable standard specified in the	21203
instrument or otherwise;	21204

(3) The trust instrument provides that trust assets can be	21205
used only to provide supplemental services, as defined by rule of	21206
the director of mental health and addiction services under section	21207
5119.10 of the Revised Code or the director of developmental	21208
disabilities under section 5123.04 of the Revised Code, to the	21209
beneficiary;	21210

(4) The trust is maintained and assets are distributed in	21211
accordance with rules adopted by the director of mental health and	21212
addiction services under section 5119.10 of the Revised Code or	21213
the director of developmental disabilities under section 5123.04	21214
of the Revised Code;	21215

(5) The trust instrument provides that on the death of the	21216
beneficiary, a portion of the remaining assets of the trust, which	21217
shall be not less than fifty per cent of such assets, will be	21218
deposited to the credit of the services fund for individuals with	21219
mental illness created by section 5119.51 of the Revised Code or	21220
the services fund for individuals with ~~mental retardation and~~	21221
developmental disabilities created by section 5123.40 of the	21222
Revised Code.	21223

(E) In 1994, the trust principal maximum amount for a trust	21224
created under this section shall be two hundred thousand dollars.	21225
The maximum amount for a trust created under this section prior to	21226
November 11, 1994, may be increased to two hundred thousand	21227
dollars.	21228

In 1995, the maximum amount for a trust created under this	21229
section shall be two hundred two thousand dollars. Each year	21230
thereafter, the maximum amount shall be the prior year's amount	21231
plus two thousand dollars.	21232

(F) This section does not limit or otherwise affect the	21233
creation, validity, interpretation, or effect of any trust that is	21234
not created under this section.	21235

(G) Once a trustee takes action on a trust created by a	21236
settlor under this section and disburses trust funds on behalf of	21237
the beneficiary of the trust, then the trust may not be terminated	21238
or otherwise revoked by a particular event or otherwise without	21239
payment into the services fund created pursuant to section 5119.51	21240
or 5123.40 of the Revised Code of an amount that is equal to the	21241
disbursements made on behalf of the beneficiary for medical care	21242
by the state from the date the trust vests but that is not more	21243
than fifty per cent of the trust corpus.	21244

Sec. 5815.35. (A)(1) As used in this division, "fiduciary"	21245
means any person, association, or corporation, other than a	21246
trustee of a testamentary trust, an assignee or trustee for an	21247
insolvent debtor, or a guardian under Chapter 5905. of the Revised	21248
Code, that is appointed by and accountable to the probate court,	21249
and that is acting in a fiduciary capacity for another or charged	21250
with duties in relation to any property, interest, or estate for	21251
another's benefit. A fiduciary also includes an agency under	21252
contract with the department of developmental disabilities for the	21253
provision of protective service under sections 5123.55 to 5123.59	21254
of the Revised Code, when appointed by and accountable to the	21255
probate court as a guardian or trustee for a ~~mentally retarded or~~	21256
~~developmentally disabled~~ person with a developmental disability.	21257

(2) A fiduciary who enters a contract as fiduciary on or	21258
after March 22, 1984, is not personally liable on that contract,	21259
unless the contract otherwise specifies, if the contract is within	21260
the fiduciary's authority and the fiduciary discloses that the	21261
contract is being entered into in a fiduciary capacity. In a	21262
contract, the words "fiduciary" or "as fiduciary" or other words	21263
that indicate one's fiduciary capacity following the name or	21264
signature of a fiduciary are sufficient disclosure for purposes of	21265
this division.	21266

(B)(1) As used in this division, "partnership" includes a	21267
partnership composed of only general partners and a partnership	21268
composed of general and limited partners.	21269

(2) Subject to division (D) of this section, an executor or	21270
administrator who acquires, in a fiduciary capacity, a general	21271
partnership interest upon the death of a general partner of a	21272
partnership is not personally liable for any debt, obligation, or	21273
liability of the partnership that arises from the executor's or	21274
administrator's actions, except as provided in this division, as a	21275
general partner, or for any debt, obligation, or liability of the	21276
partnership for which the executor or administrator otherwise	21277
would be personally liable because the executor or administrator	21278
holds the general partnership interest, if the executor or	21279
administrator discloses that the general partnership interest is	21280
held by the executor or administrator in a fiduciary capacity.	21281
This immunity does not apply if an executor or administrator	21282
causes loss or injury to a person who is not a partner in the	21283
partnership by a wrongful act or omission. This immunity is not	21284
available to an executor or administrator who holds a general	21285
partnership interest in a fiduciary capacity if the spouse or any	21286
lineal descendants of the executor or administrator, or the	21287
executor or administrator other than in a fiduciary capacity,	21288
holds any interest in the partnership.	21289

A partnership certificate that is filed pursuant to Chapter	21290
1777. or another chapter of the Revised Code and that indicates	21291
that an executor or administrator holds a general partnership	21292
interest in a fiduciary capacity by the use following the name or	21293
signature of the executor or administrator of the words "executor	21294
under the will of (name of decedent)" or "administrator of the	21295
estate of (name of decedent)" or other words that indicate the	21296
executor's or administrator's fiduciary capacity constitutes a	21297
sufficient disclosure for purposes of this division.	21298

If a partnership certificate is not required to be filed	21299
pursuant to Chapter 1776. or 1777. or another chapter of the	21300
Revised Code, a sufficient disclosure for purposes of this	21301
division can be made by an executor or administrator if a	21302
certificate that satisfies the following requirements is filed	21303
with the recorder of the county in which the partnership's	21304
principal office or place of business is situated and with the	21305
recorder of each county in which the partnership owns real estate:	21306

(a) The certificate shall state in full the names of all	21307
persons holding interests in the partnership and their places of	21308
residence;	21309

(b) The certificate shall be signed by all persons who are	21310
general partners in the partnership, and shall be acknowledged by	21311
a person authorized to take acknowledgements of deeds;	21312

(c) The certificate shall use the words "executor under the	21313
will of (name of decedent)" or "administrator of the estate of	21314
(name of decedent)" or other words that indicate the executor's or	21315
administrator's fiduciary capacity, following the name or	21316
signature of the executor or administrator.	21317

A contract or other written instrument delivered to a party	21318
that contracts with the partnership in which an executor or	21319
administrator holds a general partnership interest in a fiduciary	21320
capacity, that indicates that the executor or administrator so	21321
holds the interest, constitutes a disclosure for purposes of this	21322
division with respect to transactions between the party and the	21323
partnership. If a disclosure has been made by a certificate in	21324
accordance with this division, a disclosure for purposes of this	21325
division with respect to such transactions exists regardless of	21326
whether a contract or other instrument indicates the executor or	21327
administrator holds the general partnership interest in a	21328
fiduciary capacity.	21329

If an executor or administrator acquires, in a fiduciary	21330
capacity, a general partnership interest, the decedent's estate is	21331
liable for debts, obligations, or liabilities of the partnership.	21332

(C) An estate that includes a general partnership interest is	21333
not liable for the debts, obligations, or liabilities of a	21334
partnership in which another estate has a general partnership	21335
interest, merely because the executor or administrator of the	21336
estates holds a general partnership interest in both of the	21337
partnerships in the executor's or administrator's fiduciary	21338
capacities.	21339

(D) Divisions (B) and (C) of this section apply to general	21340
partnership interests held by executors or administrators in their	21341
fiduciary capacities prior to and on or after March 22, 1984. If	21342
an appropriate disclosure is made pursuant to division (B) of this	21343
section, the immunity acquired under that division extends only to	21344
debts, obligations, and liabilities of the partnership arising on	21345
and after the date of the disclosure and to debts, obligations,	21346
and liabilities of the partnership that arose prior to the	21347
acquisition of the general partnership interest by the executor or	21348
administrator becoming a general partner.	21349

(E) The liability limitations in this section apply to	21350
fiduciaries as partners notwithstanding the broader personal	21351
liabilities otherwise imposed by any partnership law.	21352

(F) If an estate or other fund held by a fiduciary is	21353
identified as a partner, the reference is deemed to be to, and the	21354
partner is, the current executor, administrator, or other	21355
fiduciary of the estate or other fund and their successors as	21356
executors, administrators, or other fiduciaries.	21357

Section 2. That existing sections 1.02, 121.22, 121.37,	21358
135.801, 145.012, 145.298, 149.431, 152.04, 173.25, 305.07,	21359
307.02, 313.12, 325.07, 711.23, 1751.01, 1751.14, 2101.17,	21360
2101.24, 2108.521, 2109.01, 2111.01, 2111.10, 2111.49, 2151.011,	21361
2151.281, 2151.353, 2151.414, 2151.415, 2151.421, 2151.425,	21362
2151.651, 2152.02, 2152.12, 2152.14, 2152.811, 2305.111, 2311.14,	21363
2317.021, 2503.37, 2721.05, 2744.01, 2901.13, 2903.341, 2919.23,	21364
2929.04, 2929.06, 2930.061, 2930.16, 2945.37, 2945.371, 2945.38,	21365
2945.39, 2945.40, 2945.401, 2945.482, 2945.491, 2949.29, 2967.22,	21366
3107.02, 3301.52, 3301.53, 3301.55, 3301.57, 3301.58, 3314.022,	21367
3317.02, 3317.024, 3317.03, 3317.032, 3317.07, 3317.15, 3317.20,	21368
3323.01, 3323.02, 3323.021, 3323.03, 3323.04, 3323.05, 3323.09,	21369
3323.091, 3323.12, 3323.141, 3323.142, 3707.20, 3721.01, 3763.06,	21370
3791.031, 3923.24, 3923.241, 4112.01, 4303.272, 4399.05, 4723.071,	21371
4757.41, 4971.16, 5101.46, 5101.611, 5103.02, 5119.44, 5120.051,	21372
5120.11, 5120.17, 5120.173, 5121.04, 5122.01, 5123.01, 5123.012,	21373
5123.014, 5123.02, 5123.03, 5123.033, 5123.04, 5123.044,	21374
5123.0410, 5123.0412, 5123.0413, 5123.0418, 5123.081, 5123.092,	21375
5123.093, 5123.122, 5123.165, 5123.169, 5123.17, 5123.171,	21376
5123.18, 5123.19, 5123.196, 5123.20, 5123.27, 5123.34, 5123.351,	21377
5123.36, 5123.37, 5123.374, 5123.375, 5123.40, 5123.41, 5123.42,	21378
5123.421, 5123.422, 5123.43, 5123.44, 5123.441, 5123.45, 5123.451,	21379
5123.47, 5123.50, 5123.51, 5123.52, 5123.541, 5123.542, 5123.55,	21380
5123.57, 5123.58, 5123.601, 5123.61, 5123.611, 5123.612, 5123.614,	21381
5123.62, 5123.63, 5123.64, 5123.65, 5123.651, 5123.67, 5123.69,	21382
5123.701, 5123.71, 5123.74, 5123.75, 5123.76, 5123.79, 5123.80,	21383
5123.81, 5123.82, 5123.83, 5123.84, 5123.85, 5123.86, 5123.87,	21384
5123.88, 5123.89, 5123.91, 5123.92, 5123.93, 5123.95, 5123.96,	21385
5123.99, 5126.01, 5126.022, 5126.023, 5126.04, 5126.041, 5126.042,	21386
5126.043, 5126.046, 5126.05, 5126.051, 5126.054, 5126.055,	21387
5126.058, 5126.059, 5126.0510, 5126.08, 5126.082, 5126.11,	21388
5126.15, 5126.22, 5126.25, 5126.30, 5126.31, 5126.33, 5126.333,	21389
5126.40, 5126.46, 5126.49, 5126.52, 5126.55, 5126.58, 5139.06,	21390
5139.08, 5139.27, 5139.39, 5139.54, 5164.25, 5164.342, 5164.881,	21391
5165.01, 5166.20, 5166.22, 5168.68, 5301.22, 5305.17, 5307.19,	21392
5310.12, 5705.05, 5705.091, 5705.19, 5705.222, 5709.40, 5709.73,	21393
5709.78, 5711.07, 5747.03, 5815.28, and 5815.35 of the Revised	21394
Code are hereby repealed.	21395

Section 3. That the version of section 2101.24 of the Revised	21396
Code that is scheduled to take effect March 20, 2015, be amended	21397
to read as follows:	21398

Sec. 2101.24. (A)(1) Except as otherwise provided by law,	21399
the probate court has exclusive jurisdiction:	21400

(a) To take the proof of wills and to admit to record	21401
authenticated copies of wills executed, proved, and allowed in the	21402
courts of any other state, territory, or country. If the probate	21403
judge is unavoidably absent, any judge of the court of common	21404
pleas may take proof of wills and approve bonds to be given, but	21405
the record of these acts shall be preserved in the usual records	21406
of the probate court.	21407

(b) To grant and revoke letters testamentary and of	21408
administration;	21409

(c) To direct and control the conduct and settle the accounts	21410
of executors and administrators and order the distribution of	21411
estates;	21412

(d) To appoint the attorney general to serve as the	21413
administrator of an estate pursuant to section 2113.06 of the	21414
Revised Code;	21415

(e) To appoint and remove guardians, conservators, and	21416
testamentary trustees, direct and control their conduct, and	21417
settle their accounts;	21418

(f) To grant marriage licenses;

21419

(g) To make inquests respecting persons who are so mentally	21420
impaired as a result of a mental or physical illness or	21421
disability, or ~~mental retardation~~a developmental disability that	21422
is an intellectual disability, or as a result of chronic substance	21423
abuse, that they are unable to manage their property and affairs	21424
effectively, subject to guardianship;	21425

(h) To qualify assignees, appoint and qualify trustees and	21426
commissioners of insolvents, control their conduct, and settle	21427
their accounts;	21428

(i) To authorize the sale of lands, equitable estates, or	21429
interests in lands or equitable estates, and the assignments of	21430
inchoate dower in such cases of sale, on petition by executors,	21431
administrators, and guardians;	21432

(j) To authorize the completion of real property contracts on	21433
petition of executors and administrators;	21434

(k) To construe wills;

21435

(l) To render declaratory judgments, including, but not	21436
limited to, those rendered pursuant to section 2107.084 of the	21437
Revised Code;	21438

(m) To direct and control the conduct of fiduciaries and	21439
settle their accounts;	21440

(n) To authorize the sale or lease of any estate created by	21441
will if the estate is held in trust, on petition by the trustee;	21442

(o) To terminate a testamentary trust in any case in which a	21443
court of equity may do so;	21444

(p) To hear and determine actions to contest the validity of	21445
wills;	21446

(q) To make a determination of the presumption of death of	21447
missing persons and to adjudicate the property rights and	21448
obligations of all parties affected by the presumption;	21449

(r) To act for and issue orders regarding wards pursuant to	21450
section 2111.50 of the Revised Code;	21451

(s) To hear and determine actions against sureties on the	21452
bonds of fiduciaries appointed by the probate court;	21453

(t) To hear and determine actions involving informed consent	21454
for medication of persons hospitalized pursuant to section	21455
5122.141 or 5122.15 of the Revised Code;	21456

(u) To hear and determine actions relating to durable powers	21457
of attorney for health care as described in division (D) of	21458
section 1337.16 of the Revised Code;	21459

(v) To hear and determine actions commenced by objecting	21460
individuals, in accordance with section 2133.05 of the Revised	21461
Code;	21462

(w) To hear and determine complaints that pertain to the use	21463
or continuation, or the withholding or withdrawal, of	21464
life-sustaining treatment in connection with certain patients	21465
allegedly in a terminal condition or in a permanently unconscious	21466
state pursuant to division (E) of section 2133.08 of the Revised	21467
Code, in accordance with that division;	21468

(x) To hear and determine applications that pertain to the	21469
withholding or withdrawal of nutrition and hydration from certain	21470
patients allegedly in a permanently unconscious state pursuant to	21471
section 2133.09 of the Revised Code, in accordance with that	21472
section;	21473

(y) To hear and determine applications of attending	21474
physicians in accordance with division (B) of section 2133.15 of	21475
the Revised Code;	21476

(z) To hear and determine actions relative to the use or	21477
continuation of comfort care in connection with certain principals	21478
under durable powers of attorney for health care, declarants under	21479
declarations, or patients in accordance with division (E) of	21480
either section 1337.16 or 2133.12 of the Revised Code;	21481

(aa) To hear and determine applications for an order	21482
relieving an estate from administration under section 2113.03 of	21483
the Revised Code;	21484

(bb) To hear and determine applications for an order granting	21485
a summary release from administration under section 2113.031 of	21486
the Revised Code;	21487

(cc) To hear and determine actions relating to the exercise	21488
of the right of disposition, in accordance with section 2108.90 of	21489
the Revised Code;	21490

(dd) To hear and determine actions relating to the	21491
disinterment and reinterment of human remains under section 517.23	21492
of the Revised Code;	21493

(ee) To hear and determine petitions for an order for	21494
treatment of a person suffering from alcohol and other drug abuse	21495
filed under section 5119.93 of the Revised Code and to order	21496
treatment of that nature in accordance with, and take other	21497
actions afforded to the court under, sections 5119.90 to 5119.98	21498
of the Revised Code.	21499

(2) In addition to the exclusive jurisdiction conferred upon	21500
the probate court by division (A)(1) of this section, the probate	21501
court shall have exclusive jurisdiction over a particular subject	21502
matter if both of the following apply:	21503

(a) Another section of the Revised Code expressly confers	21504
jurisdiction over that subject matter upon the probate court.	21505

(b) No section of the Revised Code expressly confers	21506
jurisdiction over that subject matter upon any other court or	21507
agency.	21508

(B)(1) The probate court has concurrent jurisdiction with,	21509
and the same powers at law and in equity as, the general division	21510
of the court of common pleas to issue writs and orders, and to	21511
hear and determine actions as follows:	21512

(a) If jurisdiction relative to a particular subject matter	21513
is stated to be concurrent in a section of the Revised Code or has	21514
been construed by judicial decision to be concurrent, any action	21515
that involves that subject matter;	21516

(b) Any action that involves an inter vivos trust; a trust	21517
created pursuant to section 5815.28 of the Revised Code; a	21518
charitable trust or foundation; subject to divisions (A)(1)(t) and	21519
(y) of this section, a power of attorney, including, but not	21520
limited to, a durable power of attorney; the medical treatment of	21521
a competent adult; or a writ of habeas corpus;	21522

(c) Subject to section 2101.31 of the Revised Code, any	21523
action with respect to a probate estate, guardianship, trust, or	21524
post-death dispute that involves any of the following:	21525

(i) A designation or removal of a beneficiary of a life	21526
insurance policy, annuity contract, retirement plan, brokerage	21527
account, security account, bank account, real property, or	21528
tangible personal property;	21529

(ii) A designation or removal of a payable-on-death	21530
beneficiary or transfer-on-death beneficiary;	21531

(iii) A change in the title to any asset involving a joint	21532
and survivorship interest;	21533

(iv) An alleged gift;

21534

(v) The passing of assets upon the death of an individual	21535
otherwise than by will, intestate succession, or trust.	21536

(2) Any action that involves a concurrent jurisdiction	21537
subject matter and that is before the probate court may be	21538
transferred by the probate court, on its order, to the general	21539
division of the court of common pleas.	21540

(C) The probate court has plenary power at law and in equity	21541
to dispose fully of any matter that is properly before the court,	21542
unless the power is expressly otherwise limited or denied by a	21543
section of the Revised Code.	21544

(D) The jurisdiction acquired by a probate court over a	21545
matter or proceeding is exclusive of that of any other probate	21546
court, except when otherwise provided by law.	21547

Section 4. That the existing version of section 2101.24 of	21548
the Revised Code that is scheduled to take effect March 20, 2015,	21549
is hereby repealed.	21550

Section 5. Sections 3 and 4 of this act shall take effect	21551
March 20, 2015.	21552

Section 6. The General Assembly, applying the principle	21553
stated in division (B) of section 1.52 of the Revised Code that	21554
amendments are to be harmonized if reasonably capable of	21555
simultaneous operation, finds that the following sections,	21556
presented in this act as composites of the sections as amended by	21557
the acts indicated, are the resulting versions of the sections in	21558
effect prior to the effective date of the sections as presented in	21559
this act:	21560

Section 2151.281 of the Revised Code as amended by Am. Sub.	21561
S.B. 17 and Am. Sub. S.B. 238 of the 126th General Assembly.	21562

Section 2151.421 of the Revised Code as amended by Am. Sub.	21563
H.B. 213 and Am. Sub. H.B. 483 of the 130th General Assembly.	21564

Section 3301.57 of the Revised Code as amended by Am. Sub.	21565
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	21566

Section 3323.05 of the Revised Code as amended by Am. Sub.	21567
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	21568

Section 3791.031 of the Revised Code as amended by Am. Sub.	21569
H.B. 117 and Am. Sub. S.B. 162 of the 121st General Assembly.	21570

Section 5123.61 of the Revised Code as amended by Sub. H.B.	21571
232 and Am. Sub. H.B. 483 of the 130th General Assembly.	21572

Section 5705.05 of the Revised Code as amended by Sub. H.B.	21573
458 and Sub. S.B. 353 of the 128th General Assembly.	21574