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(126th General Assembly)
(Amended Substitute Senate Bill Number 10)
AN ACT
To amend sections 5126.01, 5126.02, 5126.021, 5126.022, 5126.023, 5126.03, 5126.031, 5126.033, 5126.034, 5126.056, 5126.058, 5126.081, 5126.30, 5705.191, and 5705.222, to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 5126.02 (5126.0213), 5126.021 (5126.0210), 5126.022 (5126.0216), 5126.023 (5126.0226), and 5126.024 (5126.0227), and to enact new sections 5126.02, 5126.021, 5126.022, 5126.023, and 5126.024 and sections 5126.025, 5126.026, 5126.027, 5126.028, 5126.029, 5126.0211, 5126.0212, 5126.0214, 5126.0215, 5126.0217, 5126.0218, 5126.0219, 5126.0220, 5126.0221, 5126.0222, 5126.0223, 5126.0224, 5126.0225, 5126.0228, 5126.0229, 5126.037, and 5126.038 of the Revised Code to revise the law governing county boards of mental retardation and developmental disabilities.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 5126.01, 5126.02, 5126.021, 5126.022, 5126.023, 5126.03, 5126.031, 5126.033, 5126.034, 5126.056, 5126.058, 5126.081, 5126.30, 5705.191, and 5705.222 be amended, sections 5126.02 (5126.0213), 5126.021 (5126.0210), 5126.022 (5126.0216), 5126.023 (5126.0226), and 5126.024 (5126.0227) be amended for the purpose of adopting new section numbers as indicated in parentheses, and new sections 5126.02, 5126.021, 5126.022, 5126.023, and 5126.024 and sections 5126.025, 5126.026, 5126.027, 5126.028, 5126.029, 5126.0211, 5126.0212, 5126.0214, 5126.0215, 5126.0217, 5126.0218, 5126.0219, 5126.0220, 5126.0221, 5126.0222, 5126.0223, 5126.0224, 5126.0225, 5126.0228, 5126.0229, 5126.037, and 5126.038 of the Revised Code be enacted to read as follows:
Sec. 5126.01. As used in this chapter: (A)
As used in this
division, "adult" means an individual
who
is
eighteen years of
age or over and
not enrolled in a
program
or service under
Chapter 3323. of the Revised Code and
an
individual
sixteen
or seventeen years of age who
is eligible
for
adult services under
rules adopted by the director of mental
retardation and
developmental disabilities pursuant to Chapter
119. of the
Revised Code. (1) "Adult
services" means services provided to an adult
outside the home,
except when they are provided within the home
according to an
individual's assessed needs and identified in an
individual
service plan, that support learning and assistance in
the area of
self-care, sensory and motor development,
socialization, daily
living skills, communication, community
living, social skills, or
vocational skills. (2) "Adult services" includes all of the following: (a)
Adult day habilitation services; (b) Adult day care; (c) Prevocational services; (d) Sheltered employment; (e) Educational experiences and training obtained through
entities and activities that are not expressly intended for
individuals with mental retardation and developmental
disabilities, including trade schools, vocational or technical
schools, adult education, job exploration and sampling, unpaid
work experience in the community, volunteer activities, and
spectator sports; (f) Community employment services and supported
employment
services. (B)(1) "Adult day habilitation services" means adult
services that do the following: (a) Provide access to and participation in typical
activities and functions of community life that are desired and
chosen by the general population, including such activities and
functions as opportunities to experience and participate in
community exploration, companionship with friends and peers,
leisure activities, hobbies, maintaining family contacts,
community events, and activities where individuals without
disabilities are involved; (b) Provide supports or a combination of training and
supports that afford an individual a wide variety of opportunities
to facilitate and build relationships and social supports in the
community. (2) "Adult day habilitation services" includes all of the
following: (a) Personal care services needed to ensure an individual's
ability to experience and participate in vocational services,
educational services, community activities, and any other adult
day habilitation services; (b) Skilled services provided while receiving adult day
habilitation services, including such skilled services as behavior
management intervention, occupational therapy, speech and language
therapy, physical therapy, and nursing services; (c) Training and education in self-determination designed
to
help the individual do one or more of the following: develop
self-advocacy skills, exercise the individual's civil rights,
acquire skills that enable the individual to exercise control and
responsibility over the services received, and acquire skills that
enable the individual to become more independent, integrated, or
productive in the community; (d) Recreational and leisure activities identified in the
individual's service plan as therapeutic in nature or assistive in
developing or maintaining social supports; (e) Counseling and assistance
provided to obtain housing,
including such counseling as
identifying options for either rental
or purchase, identifying
financial resources, assessing needs for
environmental
modifications, locating housing, and planning for
ongoing
management and maintenance of the housing selected; (f) Transportation necessary to access adult day
habilitation services; (g) Habilitation management, as described in section 5126.14
of
the Revised Code. (3) "Adult day habilitation services" does not include
activities that are components of the provision of
residential
services, family support services, or supported living
services. (C) "Appointing authority" means the following: (1) In the case of a member of a county board of mental retardation and developmental disabilities appointed by, or to be appointed by, a board of county commissioners, the board of county commissioners; (2) In the case of a member of a county board appointed by, or to be appointed by, a senior probate judge, the senior probate judge. (D) "Community employment services" or "supported
employment
services" means job training and other services related
to
employment outside a sheltered workshop. "Community employment
services" or "supported employment services" include all of the
following: (1) Job training resulting in the attainment of competitive
work, supported work in a typical work environment, or
self-employment; (2) Supervised work experience through an employer paid to
provide the supervised work experience; (3) Ongoing work in a competitive work environment at a
wage
commensurate with workers without disabilities; (4) Ongoing supervision by an employer paid to provide the
supervision. (D)(E) As used in this division, "substantial functional
limitation," "developmental delay," and "established risk" have
the meanings established pursuant to section 5123.011 of the
Revised Code.
"Developmental disability" means a severe, chronic
disability
that is characterized by all of the following: (1) It is attributable to a mental or physical impairment
or
a combination of mental and physical impairments, other than a
mental or physical impairment solely caused by mental illness as
defined in division (A) of section 5122.01 of the Revised Code; (2) It is manifested before age twenty-two; (3) It is likely to continue indefinitely; (4) It results in one of the following: (a) In the case of a person under age three, at least one
developmental delay or an established risk; (b) In the case of a person at least age three but under
age
six, at least two developmental delays or an established
risk; (c) In the case of a person age six or older, a
substantial
functional limitation in at least three of the
following areas of
major life activity, as appropriate for the
person's age:
self-care, receptive and expressive language, learning,
mobility,
self-direction, capacity for independent living, and, if the
person
is at least age sixteen, capacity for economic
self-sufficiency. (5) It causes the person to need a combination and
sequence
of special, interdisciplinary, or other type of care,
treatment,
or provision of services for an extended period of
time that is
individually planned and coordinated for the person. (E)(F) "Early childhood services" means a planned program of
habilitation designed to meet the needs of individuals with
mental
retardation or other developmental disabilities who have
not
attained compulsory school age.
(F)(G)(1) "Environmental modifications" means the physical
adaptations to an individual's home, specified in the individual's
service plan, that are necessary to ensure the individual's
health, safety, and welfare or that enable the individual to
function with greater independence in the home, and without which
the individual would require institutionalization.
(2) "Environmental modifications" includes such adaptations
as installation of ramps and grab-bars, widening of doorways,
modification of bathroom facilities, and installation of
specialized electric and plumbing systems necessary to accommodate
the individual's medical equipment and supplies. (3) "Environmental modifications" does not include physical
adaptations or improvements to the home that are of general
utility or not of direct medical or remedial benefit to the
individual, including such adaptations or improvements as
carpeting, roof repair, and central air conditioning. (G)(H) "Family support services" means the services provided
under a family support services program operated under section
5126.11 of the Revised Code.
(H)(I) "Habilitation" means the process by which the staff of
the facility or agency assists an individual with mental
retardation or other developmental disability in acquiring and
maintaining those life skills that enable the individual to
cope
more effectively with the demands of the individual's own person
and
environment, and in raising the level of the individual's
personal, physical,
mental, social, and vocational efficiency.
Habilitation includes, but is not
limited to, programs of formal,
structured education and training.
(I)(J) "Habilitation center services" means services
provided
by
a habilitation center certified by the department of
mental
retardation and developmental disabilities under section
5123.041
of the Revised Code and covered by the medicaid program
pursuant
to rules adopted under section 5111.041 of the Revised
Code.
(J)(K) "Home and community-based services" means
medicaid-funded home and community-based services specified in division (B)(1) of section 5111.87 of the Revised Code and provided under the
medicaid components the department of mental retardation and
developmental disabilities administers pursuant to section
5111.871 of the Revised Code.
(K)(L) "Immediate family" means parents, brothers, sisters, spouses, sons, daughters, mothers-in-law, fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and daughters-in-law.
(M) "Medicaid" has the same meaning as in section 5111.01
of
the Revised Code. (L)(N) "Medicaid case management services" means case
management services provided to an individual with mental
retardation or other developmental disability that the state
medicaid plan requires.
(M)(O) "Mental retardation" means a mental impairment
manifested during the developmental period characterized by
significantly subaverage general intellectual functioning
existing
concurrently with deficiencies in the effectiveness or
degree with
which an individual meets the standards of personal
independence
and social responsibility expected of the
individual's age and
cultural group.
(N)(P) "Residential services" means services to individuals
with mental retardation or other developmental disabilities to
provide housing, food, clothing, habilitation, staff support, and
related support services necessary for the health, safety, and
welfare of the individuals and the advancement of their quality
of
life.
"Residential services" includes program management, as
described in section 5126.14 of the Revised Code.
(O)(Q) "Resources" means available capital and other assets,
including moneys received from the federal, state, and local
governments, private grants, and donations; appropriately
qualified personnel; and appropriate capital facilities and
equipment.
(P)(R) "Senior probate judge" means the current probate judge of a county who has served as probate judge of that county longer than any of the other current probate judges of that county. If a county has only one probate judge, "senior probate judge" means that probate judge.
(S) "Service and support administration" means the duties
performed by a service and support administrator pursuant to
section 5126.15 of the Revised Code. (Q)(T)(1) "Specialized medical, adaptive, and assistive
equipment, supplies, and supports" means equipment, supplies, and
supports that enable an individual to increase the ability to
perform activities of daily living or to perceive, control, or
communicate within the environment.
(2) "Specialized medical, adaptive, and assistive equipment,
supplies, and supports" includes the following: (a) Eating utensils, adaptive feeding dishes, plate guards,
mylatex straps, hand splints, reaches, feeder seats, adjustable
pointer sticks, interpreter services, telecommunication devices
for the deaf, computerized communications boards, other
communication devices, support animals, veterinary care for
support animals, adaptive beds, supine boards, prone boards,
wedges, sand bags, sidelayers, bolsters, adaptive electrical
switches, hand-held shower heads, air conditioners, humidifiers,
emergency response systems, folding shopping carts, vehicle lifts,
vehicle hand controls, other adaptations of vehicles for
accessibility, and repair of the equipment received. (b) Nondisposable items not covered by medicaid that are
intended to assist an individual in activities of daily living or
instrumental activities of daily living. (R)(U) "Supportive home services" means a range of services
to
families of individuals with mental retardation or other
developmental disabilities to develop and maintain increased
acceptance and understanding of such persons, increased ability
of
family members to teach the person, better coordination
between
school and home, skills in performing specific
therapeutic and
management techniques, and ability to cope with
specific
situations.
(S)(V)(1) "Supported living" means services provided
for as
long as twenty-four hours a day to an
individual with mental
retardation or other developmental
disability through any public
or private resources, including
moneys from the individual, that
enhance the individual's
reputation in community life and advance
the individual's quality
of life by doing the following:
(a) Providing the support necessary to enable an
individual
to live in a residence of the individual's choice, with any
number
of individuals who are
not disabled,
or with not more than
three
individuals with mental
retardation
and developmental
disabilities
unless the individuals
are related
by blood or
marriage; (b) Encouraging the individual's participation in the
community; (c) Promoting the individual's rights and autonomy; (d)
Assisting the individual in acquiring, retaining, and
improving
the skills
and competence
necessary to live successfully
in the
individual's residence. (2) "Supported living" includes the provision of
all
of the
following: (a) Housing, food,
clothing, habilitation, staff support,
professional services, and
any related support services necessary
to ensure the health, safety,
and welfare of the individual
receiving the services; (b) A combination of life-long or extended-duration
supervision, training, and other services essential to daily
living, including assessment and evaluation and assistance with
the cost of training materials, transportation, fees, and
supplies; (c) Personal care services and homemaker services; (d) Household maintenance that does not include
modifications to the physical structure of the residence; (e) Respite care services; (f) Program management, as described in section 5126.14 of
the Revised Code.
Sec. 5126.02. (A) Each county shall either have its own county board of mental retardation and developmental disabilities or, pursuant to section 5126.021 or 5126.022 of the Revised Code, be a member of a multicounty board of mental retardation and developmental disabilities. Subject to division (B) of this section: (1) A county board shall be operated as a separate administrative and service entity. (2) The functions of a county board shall not be combined with the functions of any other entity of county government. (B) Division (A) of this section does not prohibit or restrict any county board from sharing administrative functions or personnel with one or more other county boards, including entering into an arrangement authorized by division (B) of section 5126.0225 of the Revised Code.
Sec. 5126.021. Subject to sections 5126.024 and 5126.025 of the Revised Code, a multicounty board of mental retardation and developmental disabilities may be created if each of the following, before January 1, 2007, and within a one-hundred-eighty-day period, adopt an identical resolution or issue an identical order providing for the creation of the multicounty board:
(A) A majority of the members of each of the boards of county commissioners seeking to create the multicounty board;
(B) The senior probate judge of each county served by those boards of county commissioners. Sec. 5126.022. Subject to sections 5126.024 and 5126.025 of the Revised Code, a county that is not part of the creation of a multicounty board of mental retardation and developmental disabilities under section 5126.021 of the Revised Code may join the multicounty board if each of the following, within a sixty-day period, adopt an identical resolution or issue an identical order providing for the county to join the multicounty board:
(A) A majority of the members of the board of county commissioners of the county seeking to join the multicounty board;
(B) A majority of the members of each of the boards of county commissioners that are members of the multicounty board;
(C) The senior probate judge of the county seeking to join the multicounty board;
(D) The senior probate judge of each of the counties that are members of the multicounty board. Sec. 5126.023. (A) Subject to section 5126.024 of the Revised Code, the board of county commissioners of a county that is a member of a multicounty board of mental retardation and developmental disabilities and the senior probate judge of that county may terminate the county's membership in the multicounty board in the manner provided in this section. To terminate the county's membership in the multicounty board, the board of county commissioners shall adopt a resolution, and the senior probate judge shall issue an order, providing for the termination.
(B) A resolution and order of termination adopted or issued under this section shall specify the last day that the county will be a member of the multicounty board. The resolution and order also shall provide for the county to do one of the following on the day immediately following the last day that the county will be a member of the multicounty board:
(1) Create a single county board of mental retardation and developmental disabilities;
(2) If the day immediately following the last day that the county will be a member of the current multicounty board is before January 1, 2007, co-create a new multicounty board pursuant to section 5126.021 of the Revised Code;
(3) Join a different multicounty board pursuant to section 5126.022 of the Revised Code.
(C) A resolution and an order of termination adopted or issued under this section shall include a plan for the equitable adjustment and division of all services, assets, property, debts, and obligations, if any, of the multicounty board that the county will cease to be a member of.
(D) Any county terminating its membership in a multicounty board shall continue to have levied against its tax list and duplicate any tax levied by the board of county commissioners for mental retardation and developmental disability services during the period in which the county was a member of the multicounty board until the levy expires or is renewed or replaced.
Sec. 5126.024. (A) If a board of county commissioners and senior probate judge propose to join in the creation of, join, or terminate the county's membership in a multicounty board of mental retardation and developmental disabilities as provided in section 5126.01, 5126.022, or 5126.023 of the Revised Code, the board of county commissioners and judge shall do both of the following:
(1) Notify the county board of mental retardation and developmental disabilities in writing of their intent to join in the creation of, join, or terminate the county's membership in a multicounty board, including a written explanation of the administrative, fiscal, and performance considerations underlying the proposed action;
(2) Provide the county board an opportunity to comment on the proposed action.
(B) If the county board, not more than sixty days after receiving the notice under division (A) of this section, votes to oppose the proposed action and notifies the board of county commissioners and judge of the vote, the county may join in creation of a multicounty board, join a multicounty board, or terminate the county's membership in a multicounty board only on the unanimous vote of the board of county commissioners and the order of that judge to proceed with the creation of, joining, or termination of the county's membership in a multicounty board.
Sec. 5126.025. Not more than five counties may be members of the same multicounty board of mental retardation and developmental disabilities. Only contiguous counties may be members of the same multicounty board.
Sec. 5126.026. A board of county commissioners shall provide the director of mental retardation and developmental disabilities with a copy of each resolution the board adopts under section 5126.021, 5126.022, or 5126.023 of the Revised Code. A senior probate judge shall provide the director with a copy of each order the judge issues under those sections.
Sec. 5126.027. (A) A reference to a county board of mental retardation and developmental disabilities in a law enacted by the general assembly shall mean the following:
(1) In the case of a county with its own county board, a single county board;
(2) In the case of a county that is a member of a multicounty board, a multicounty board.
(B) Unless the context provides otherwise, a law enacted by the general assembly that refers to a county, or an entity or official of a county, that a county board of mental retardation and developmental disabilities serves shall be deemed to refer to the following:
(1) In the case of a county with a single county board, that county or the county entity or official specified in the law;
(2) In the case of a county that is a member of a multicounty board, each of the counties that are members of the multicounty board or the specified entity or official of each of those counties.
Sec. 5126.028. Each county board of mental retardation and developmental disabilities shall consist of seven members. In the case of a single county board, the board of county commissioners of the county shall appoint five members and the senior probate judge of the county shall appoint two members. In the case of a multicounty board, the membership shall be appointed as follows:
(A) If there are five member counties, the board of county commissioners of each of the member counties shall each appoint one member and the senior probate judges of the member counties with the largest and second largest population shall each appoint one member.
(B) If there are four member counties, the board of county commissioners of the member county with the largest population shall appoint two members, the other three boards of county commissioners shall each appoint one member, and the senior probate judges of the member counties with the largest and second largest population shall each appoint one member.
(C) If there are three member counties, the boards of county commissioners of the member counties with the largest and second largest populations shall each appoint two members, the other board of county commissioners shall appoint one member, and the senior probate judges of the member counties with the largest and second largest population shall each appoint one member.
(D) If there are two member counties, the board of county commissioners of the member county with the largest population shall appoint three members, the board of county commissioners of the other county shall appoint two members, and the senior probate judge of each county shall each appoint one member.
Sec. 5126.029. (A) When making appointments to a county board of mental retardation and developmental disabilities, an appointing authority shall do all of the following:
(1) Appoint only individuals who are residents of the county the appointing authority serves, citizens of the United States, and interested and knowledgeable in the field of mental retardation and other allied fields;
(2) If the appointing authority is a board of county commissioners, appoint, subject to division (C) of this section, at least two individuals who are immediate family members of individuals eligible for services provided by the county board and, whenever possible, ensure that one of those two members is an immediate family member of an individual eligible for adult services and the other is an immediate family member of an individual eligible for early intervention services or services for preschool or school-age children;
(3) If the appointing authority is a senior probate judge, appoint, subject to division (C) of this section, at least one individual who is an immediate family member of an individual eligible for residential services or supported living;
(4) Appoint, to the maximum extent possible, individuals who have professional training and experience in business management, finance, law, health care practice, personnel administration, or government service;
(5) Provide for the county board's membership to reflect, as nearly as possible, the composition of the county or counties that the county board serves.
(B) The appointing authorities of a multicounty board shall coordinate their appointments to the extent necessary to satisfy the requirements of this section. The coordination may provide for one of the boards of county commissioners making one of the two appointments required by division (B)(2) of this section and another board of county commissioners making the other appointment required by that division. The coordination shall ensure that at least one of the senior probate judges satisfies the requirement of division (B)(3) of this section.
Sec. 5126.021 5126.0210. As used in this section, "immediate family"
means parents, brothers, sisters, spouses, sons, daughters,
mothers-in-law, fathers-in-law, brothers-in-law, sisters-in-law,
sons-in-law, and daughters-in-law. (A) The None of the following individuals shall not may serve as members
a member of
a county boards board of mental retardation and developmental
disabilities: (1) Elected An elected public officials official, except for
a township trustees trustee,
township clerks clerk, and those or individual excluded
from the definition of public
official or employee in division
(B) of section 102.01 of the
Revised Code; (2) Members of the An immediate family member of another county board member; (3) Board employees and members of the A county board employee or immediate family member of
a county board employees employee; (4) Former board employees within An individual who had been employed by the county board not less than one calendar year of the
termination of employment with the board on which the former
employee before the individual would begin to serve. (B) A person may not serve as a member of a the county board
of
mental retardation and developmental disabilities when either
the
person or a member of the person's;
(5) An individual who or whose immediate family member is a board member or an employee of an agency licensed or certified by the department of mental retardation and developmental disabilities to provide services to individuals with mental retardation or developmental disabilities; (6) An individual who or whose
immediate family member is a board
member or employee of a
contract an agency of that contracting with the county board that is not licensed or certified by the department of mental retardation and developmental disabilities to provide services to individuals with mental retardation or developmental disabilities unless there is
no conflict
of interest. In no circumstance shall a member of a
county board
vote on any matter before the board concerning a
contract agency
of which the member or a member of the
member's
immediate family is also a board
member or an employee. All questions relating to the existence
of a conflict of interest
shall be submitted to the local
prosecuting attorney and the Ohio
ethics commission for
resolution. (C) No
employee of an agency contracting with a county
board
of mental retardation and developmental disabilities or
member of
the immediate family of such an employee shall serve as
a board
member or an employee of the county board except that a
county
board may, pursuant to a resolution adopted by the board,
employ a
member of the immediate family of an employee of an
agency
contracting with the board. (D) No person shall serve as a member or employee of a
county board of mental retardation and developmental disabilities
if a member of the person's;
(7) An individual with an immediate family member who serves as a county
commissioner of the a county served by the county board unless the person
individual was a member or employee prior to of the county board before October 31, 1980. (E) A county board of mental retardation and developmental
disabilities shall not contract with an agency whose board
includes a county commissioner of the county served by the county
board.
(F) Notwithstanding any provision of the Revised Code to the contrary, including applicable provisions of sections 102.03, 102.04, 2921.42, and 2921.43 of the Revised Code, an employee of a county board of mental retardation and developmental disabilities also may be a member of the governing board of an agency or a political subdivision, including the board of education of a school district. The county board of mental retardation and developmental disabilities may contract with the governing board of an agency or political subdivision whose member is also an employee of the county board, provided that in no circumstances shall such employee of the county board vote on any matter before the governing board of the agency or political subdivision concerning a county board contract or participate in any discussion or debate regarding that contract.
(B) All questions relating to the existence of a conflict of interest for the purpose of division (A)(5) of this section shall be submitted to the local prosecuting attorney for resolution. The Ohio ethics commission may examine any issues arising under Chapter 102. and sections 2921.42, 2921.421, and 2921.43 of the Revised Code.
Sec. 5126.0211. (A) No individual may be appointed or reappointed to a county board of mental retardation and developmental disabilities unless the individual, before the appointment or reappointment, provides to the appointing authority a written declaration specifying both of the following:
(1) That no circumstance described in section 5126.029 of the Revised Code exists that bars the individual from serving on the county board;
(2) Whether the individual or an immediate family member of the individual has an ownership interest in or is under contract with an agency contracting with the county board, and, if such an ownership interest or contract exists, the identity of the agency and the nature of the relationship to that agency.
(B) On appointment or reappointment of an individual to the county board, the appointing authority shall provide a copy of the individual's declaration to the superintendent of the county board. The declaration is a public record for the purpose of section 149.43 of the Revised Code.
Sec. 5126.0212. Except for members appointed under section 5126.0213 of the Revised Code to fill a vacancy, members of a county board of mental retardation and developmental disabilities shall be appointed or reappointed not later than the last day of November, commence their terms on the date of the stated annual organizational meeting in the following January as provided under section 5126.0215 of the Revised Code, and serve terms of four years. The membership of an individual appointed as a relative of a recipient of services shall not be terminated because the services are no longer received.
Sec. 5126.02 5126.0213. (A)
As used in this section, "relative" means
a spouse, parent, parent-in-law, sibling, sibling-in-law, child,
child-in-law, grandparent, aunt, or uncle. (B)(1) There is hereby created in each county a
county
board
of mental retardation and developmental disabilities
consisting of
seven members, five of whom shall be appointed by
the board of
county commissioners of the county, and two of whom
shall be
appointed by the probate judge of the county. Each
member shall
be a resident of the county. The membership of the
board shall,
as nearly as possible, reflect the composition of the
population
of the
county.
All board members shall be persons interested and
knowledgeable in the field of mental retardation and other allied
fields.
All board members shall be citizens of the United
States.
Of the members appointed by the board of county
commissioners, at
least two shall be relatives
of persons
eligible
for
services
provided by the
county board
of mental retardation and
developmental disabilities,
and,
whenever possible, one shall be a
relative of a person
eligible
for
adult services, and the other
shall
be a relative of a person eligible for
early intervention
services or
services for pre-school
or school-age children. Of
the two
members appointed by the
probate judge, at least one shall
be a
relative
of a person eligible for
residential services
or
supported living.
Both the board of county commissioners and the probate judge
shall appoint
under this section, to the maximum extent possible,
members who fulfill any
applicable requirements of this section
for appointment and who also have
professional training and
experience in business management, finance, law,
health care
practice, personnel administration, or government service.
(2) All appointments shall be for terms of
four years. The
membership of a person appointed as a
relative of a recipient of
services
shall not be terminated because the services are no
longer received.
Members may be reappointed, except Except as otherwise provided in division
(B)(3) of this
section and section 5126.022 5126.0224 of the Revised
Code, a member of a county board of mental retardation and developmental disabilities may be reappointed to the county board.
Prior to making a
reappointment, the appointing authority
shall
ascertain, through written
communication with the board,
that the
member being considered for
reappointment meets the
requirements
of this section and section 5126.022 sections 5126.028 and 5126.0224 of
the Revised
Code.
(3) A member who has served during each of
three
consecutive terms shall not be reappointed for a subsequent term
until
two years after ceasing to be a member of the
board,
except
that a member who has served for
ten years or
less within
three
consecutive terms may be reappointed for a
subsequent term
before
becoming ineligible for reappointment for
two years.
(4) Within sixty days after a vacancy occurs, it shall be
filled by the appointing authority for the unexpired
term. Any
member appointed to fill a vacancy occurring prior to
the
expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of that term.
Appointment other
than appointment to fill a vacancy shall be
made
no later than the last day of November of each year, and the
term
of office shall commence on the date of the stated annual
organizational meeting
in January.
(5) Board members shall serve without
compensation, but
shall be reimbursed for necessary expenses
incurred in the conduct
of board business, including those
incurred within the county of
residence.
(C) Each year each board member shall attend at least one
in-service training session provided by or approved by the
department of mental retardation and developmental disabilities.
These training sessions shall not be considered regularly
scheduled meetings of the board.
(D) A county board of mental retardation and
developmental
disabilities shall be operated as a separate
administrative and
service entity. The board's functions shall
not be combined with
the functions of any other entity of county
government.
Sec. 5126.0214. Within sixty days after a vacancy on a county board of mental retardation and developmental disabilities occurs, including a vacancy created under section 5126.0219 of the Revised Code, the appointing authority shall fill the vacancy for the unexpired term. A member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of that term.
Sec. 5126.0215. Members of a county board of mental retardation and developmental disabilities shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the conduct of county board business, including expenses that are incurred in the member's county of residence in accordance with an established policy of the county board.
Sec. 5126.022 5126.0216. Each county board of mental retardation and
developmental disabilities shall hold an organizational meeting
no later than the thirty-first day of January of each year and
shall elect its officers, which shall include a president,
vice-president, and recording secretary. After its annual
organizational meeting, the board shall meet in such manner and at
such times as prescribed by rules adopted by the board, but the
board shall meet at least ten times annually in regularly
scheduled sessions in accordance with section 121.22 of the
Revised Code, not including in-service training sessions. A
majority of the board constitutes a quorum. The board shall
adopt rules for the conduct of its business and a record shall be
kept of board proceedings, which shall be open for public
inspection. A board member shall be removed from the board by the
appointing authority for neglect of duty, misconduct,
malfeasance, failure to attend at least one in-service training
session each year, a violation of section 5126.021 of the Revised Code, or upon
the absence of a
member within one year from either four regularly scheduled board
meetings or from two regularly scheduled board meetings if the
member gave no prior notice of the member's absence. This removal provision
does not apply to absences from special meetings or work sessions. The board
shall supply the board member and the member's
appointing authority with written notice of the charges against
the member. The appointing authority shall afford the member an
opportunity for a hearing, in accordance with procedures it
adopts, and shall, upon determining that the charges are
accurate, remove the member and appoint another person to
complete the member's term.
A member removed from the board is ineligible for reappointment for not less
than one year. When a member is removed, the appointing authority shall
specify the time during which the member is ineligible for reappointment. If
the member is removed for failing to attend in-service training, the board
also shall specify the training the member must complete prior to being
eligible for reappointment.
Sec. 5126.0217. Each year, each member of a county board of mental retardation and developmental disabilities shall attend at least four hours of in-service training provided or approved by the department of mental retardation and developmental disabilities. This training shall not be considered regularly scheduled meetings of the county board.
Sec. 5126.0218. A member of a county board of mental retardation and developmental disabilities shall be considered present at an in-service training session even though the member is not physically present in the room in which the session is held if the member is connected to the session through a system that enables the member to communicate with the individuals participating in the session and such individuals to communicate with the member.
Sec. 5126.0219. In no circumstance shall a member of a county board of mental retardation and developmental disabilities participate in or vote on any matter before the county board concerning a contract agency of which the member or an immediate family member of the member is also a board member or an employee.
Sec. 5126.0220. (A) Subject to sections 5126.0220 and 5126.0223 of the Revised Code, an appointing authority shall remove a member of a county board of mental retardation and developmental disabilities for any of the following reasons:
(1) Neglect of duty;
(2) Misconduct;
(3) Malfeasance;
(4) Ineligibility to serve on the county board pursuant to section 5126.029 of the Revised Code;
(5) Failure to attend at least four hours of in-service training session each year;
(6) Failure to attend within one year four regularly scheduled board meetings;
(7) Failure to attend within one year two regularly scheduled board meetings if the member gave no prior notice of the member's absence; (8) Consistently poor performance on the county board, as demonstrated by documentation that the president of the county board provides to the appointing authority and the appointing authority determines is convincing evidence. (B) The removal provisions of divisions (A)(6) and (7) of this section do not apply to absences from special meetings or work sessions. Sec. 5126.0221. An appointing authority shall not remove a member of a county board of mental retardation and developmental disabilities from the county board by reason of division (A)(5), (6), or (7) of section 5126.0219 of the Revised Code if the director of mental retardation and developmental disabilities waives the requirement that the member be removed. The director may issue the waiver only if the appointing authority requests that the director issue the waiver and provides the director evidence that is satisfactory to the director that the member's absences from the in-service training sessions or regularly scheduled board meetings are due to a serious health problem of the member or a member of the member's immediate family. The director's decision on whether to issue the waiver is final and not subject to appeal.
The county board on which the member serves may pass a resolution urging the appointing authority to request that the director issue the waiver. The member whose absences from the sessions or meetings are at issue may not vote on the resolution. The appointing authority may request the waiver regardless of whether the county board adopts the resolution.
Sec. 5126.0222. If there are grounds for the mandatory removal of a member of a county board of mental retardation and developmental disabilities under section 5126.0219 of the Revised Code, the county board shall supply the board member and the member's appointing authority with written notice of the grounds.
Sec. 5126.0223. An appointing authority shall afford a member of a county board of mental retardation and developmental disabilities an opportunity for a hearing on the member's proposed removal in accordance with procedures the appointing authority shall establish, unless the appointing authority requested that the director of mental retardation and developmental disabilities waive the mandatory removal under section 5126.0220 of the Revised Code and the director refused to issue the waiver. The appointing authority shall hold the hearing if the member requests the hearing not later than thirty days after the date that the county board sends the member the notice required by section 5126.0221 of the Revised Code.
Sec. 5126.0224. If a member of a county board of mental retardation and developmental disabilities requests a hearing within the time required by section 5126.0222 of the Revised Code, the appointing authority may not remove the member from the board before the conclusion of the hearing. Sec. 5126.0225. A member of a county board of mental retardation and developmental disabilities who is removed from the county board is ineligible for reappointment to the board for not less than one year. The appointing authority shall specify the time during which the member is ineligible for reappointment. If the member is removed under division (A)(5) of section 5126.0219 of the Revised Code, the county board shall specify the training the member must complete before being eligible for reappointment.
Sec. 5126.023 5126.0226. (A) Each county board
of mental retardation and developmental disabilities shall either employ a
superintendent or obtain the services of the superintendent of another county
board of mental retardation and developmental disabilities. The board shall
provide for a superintendent who is qualified, as
specified in rules adopted by the department of mental retardation and
developmental disabilities in accordance with
Chapter 119. of the Revised Code. The
superintendent shall have no voting privileges on the board. The board shall prescribe the duties of its superintendent and review the
superintendent's performance. The superintendent may be removed, suspended,
or demoted for cause pursuant to section 5126.23 of the
Revised Code. The board shall fix the superintendent's
compensation and reimburse the superintendent for actual and necessary
expenses. Each county board that employs its own superintendent shall employ the
superintendent under a contract. To enter into a contract, the board shall
adopt a resolution agreeing to the contract. Each contract for employment or
re-employment of a superintendent shall be for a term of not less than one and
not more than five years. At the expiration of a superintendent's current
term of employment, the superintendent shall may be re-employed for a term of one
year at the same salary, plus any increments that may be authorized by the
board, unless. If the board gives intends not to re-employ the superintendent, the board shall give the superintendent written notification of its
intention not to re-employ the superintendent. With regard to an initial
contract, if the contract is for one year, the notice shall be provided not
less than sixty days prior to the contract's expiration; if the contract is
for more than one year, the notice shall be provided not less than ninety days
prior to the contract's expiration. With regard to contracts for
re-employment, the The notice shall be given not less than ninety days prior to
the contract's expiration, regardless of its duration the superintendent's contract. (B) Two or more county boards may enter into an arrangement under which the
superintendent of one county board acts as the superintendent of another
county board. To enter into such an arrangement, each board shall adopt a
resolution agreeing to the arrangement. The resolutions shall specify the
duration of the arrangement and the contribution each board is to make to the
superintendent's compensation and reimbursement for expenses. (C) If a vacancy occurs in the position of superintendent, a
county board may appoint a person who holds a valid superintendent's
certificate issued under the rules of the department to work under a contract
for an interim period not to exceed one hundred eighty days until a permanent
superintendent can be employed or arranged for under division (A) or
(B) of this section. The director of the department may approve
additional periods of time for these types of interim appointments when so
requested by a resolution adopted by a county board, if the director
determines that the additional periods are warranted and the services of a
permanent superintendent are not available.
Sec. 5126.024 5126.0227. The superintendent of the county board
of mental retardation and developmental disabilities shall: (A) Administer the work of the board, subject to the
board's rules; (B) Recommend to the board the changes necessary to
increase the effectiveness of the programs and services offered
pursuant to Chapters 3323. and 5126. of the Revised Code; (C) Employ persons for all positions authorized by the
board, approve contracts of employment for management employees
that are for a term of one year or less, and approve personnel
actions that involve employees in the classified civil service as
may be necessary for the work of the board; (D) Approve compensation for employees within the limits
set by the salary schedule and budget set by the board and in
accordance with section 5126.26 of the Revised Code, and ensure
that all employees and consultants are properly reimbursed for
actual and necessary expenses incurred in the performance of
official duties; (E) Provide consultation to public agencies as defined in
division (C) of section 102.01 of the Revised Code, including
other county boards of mental retardation and developmental
disabilities, and to individuals, agencies, or organizations
providing services supported by the board. The superintendent may authorize the payment of board
obligations by the county auditor.
Sec. 5126.0228. (A) As used in this section, "specialized services" has the same meaning as in section 5126.281 of the Revised Code.
(B) Except as provided in division (C) of section 5126.033 of the Revised Code,
none of the following individuals may be employed by a county board of mental retardation and developmental disabilities:
(1) An employee of an agency contracting with the county board;
(2) An immediate family member of an employee of an agency contracting with the county board unless the county board adopts a resolution authorizing the immediate family member's employment with the county board or the employment is consistent with a policy adopted by the board establishing parameters for such employment and the policy is consistent with Chapter 102. and sections 2921.42, 2921.421, and 2921.43 of the Revised Code;
(3) An individual with an immediate family member who serves as a county commissioner of any of the counties served by the county board unless the individual was an employee of the county board before October 31, 1980;
(4) An individual who is employed by, has an ownership interest in, performs or provides administrative duties for, or is a member of the governing board of an entity that provides specialized services, regardless of whether the entity contracts with the county board to provide specialized services. Sec. 5126.0229. As used in this section, "specialized services" has the same meaning as in section 5126.281 of the Revised Code.
Notwithstanding any provision of the Revised Code to the contrary, including applicable provisions of sections 102.03, 102.04, 2921.42, and 2921.43 of the Revised Code, an employee of a county board of mental retardation and developmental disabilities also may be a member of the governing board of a political subdivision, including the board of education of a school district, or an agency that does not provide specialized services. The county board may contract with such a governing board even though the governing board includes an individual who is an employee of the county board. That member of the governing board may not vote on any matter before the governing board concerning a contract with the county board or participate in any discussion or debate regarding such a contract.
Sec. 5126.03. As used in this section and in sections 5126.031 to 5126.034
of the Revised Code: (A) "Direct services contract" means any legally
enforceable agreement with an individual, agency, or other entity
that, pursuant to its terms or operation, may result in a payment
from a county board of mental retardation and developmental
disabilities to an eligible person or to a member of the immediate family
of an eligible person for services rendered to the eligible
person. "Direct services contract" includes a contract for
supported living pursuant to sections 5126.40 to 5126.47 of the Revised Code,
family support services under section 5126.11 of the Revised Code,
and reimbursement for transportation expenses. (B) "Eligible person" means a person eligible to receive
services from a county board or from an entity under contract
with a county board. (C) "Former board member" means a person whose service on
the county board ended less than one year prior to commencement
of services under a direct services contract. (D) "Former employee" means a person whose employment by
the county board ended less than one year prior to commencement
of services under a direct services contract. (E) "Immediate family" has the same meaning as in section
5126.021 of the Revised Code.
Sec. 5126.031. (A) Except as provided in division (B) of this section,
annually at the organization organizational meeting required by section
5126.022 5126.0215 of the Revised Code, the chairperson of the county board
of mental retardation and developmental disabilities shall appoint three
members of the board to an
ethics council to review all direct services contracts. The board's
chairperson may be one of those appointed. The
superintendent of the board shall be a nonvoting member of the
council. The chairperson shall not appoint a person to the
council if the person, or any member of the person's immediate family, will
have any interest in any direct services contract under review by the council
while the person serves on the council or during the twelve-month period after
completing service on the council. If a council member or a member of the
council member's immediate family has or will have such an interest, the
chairperson shall replace the member by appointing another board member to the
council. The council shall meet regularly as directed by the
board to perform its duties. Minutes shall be kept of the
actions of the council. The minutes shall be part of the public
record of the county board. Any action taken by the council on direct services
contracts under its review shall be in public. The council shall
afford an affected party the opportunity to meet with the council
on matters related to a direct services contract or any action
taken by the council. (B) If a county board establishes a policy specifying that
the board is not willing to enter into direct services
contracts with any person who is a board member or former board
member or a member of the immediate family of a board member or former
board member, the board may assume the responsibilities and
perform the duties of an ethics council specified in section 5126.032 of the
Revised Code. The policy shall be established by resolution adopted
by a majority of the members of the board in attendance at a
meeting at which there is a quorum and shall be in effect for one
year after its adoption, at which time the board shall, by
resolution adopted in the same manner as the initial resolution,
either renew the policy or establish a new one.
Sec. 5126.033. (A) A county board of mental retardation and
developmental
disabilities shall not enter into a direct services
contract unless the
contract is limited either to the actual
amount of the expenses or to a
reasonable and allowable amount
projected by the board. (B) A county board shall not enter into a direct
services
contract that would result in payment to a board member, former
board
member, employee, former employee, or member of the
immediate family of a
board member, former board member, employee,
or former employee if the person
who would receive services under
the contract stands to receive any
preferential treatment or any
unfair advantage over other eligible persons. (C) A county board shall not
enter into a direct services
contract for
services provided in accordance with section 5126.11
or sections
5126.40 to 5126.46 of the Revised Code under which an
individual,
agency, or other entity will employ a
management
employee, professional
employee, or
service
employee, as defined
in section 5126.20 of the Revised
Code, an individual who is also
an employee of
that county board unless all of the
following conditions are
met: (1) The employee is not in a capacity to influence the award
of the contract. (2) The employee has not attempted in any manner to secure
the contract on
behalf of the individual, agency, or other entity. (3)
The employee is not employed in management level two or three
according to rules adopted by the director of mental retardation
and developmental disabilities and does not provide service and support administration. (4) The employee
is not
employed by the board during the
period when the contract
is
developed
as an administrator or
supervisor responsible for
approving or supervising services to be
provided under the
contract and agrees not to take such a position
while the
contract
is in effect, regardless of whether the
position is
related to the
services provided under the contract. (5) The employee has not taken any actions that create
the
need for the services to be provided under the contract. (6) The individual, agency, or other entity seeks the
services of the
employee because of the employee's expertise and
familiarity with the care and
condition of one or more eligible
persons and
other individuals with such expertise and familiarity
are
unavailable, or an eligible person has requested to have the
services provided by that employee. The superintendent of the county board shall notify
the
employee and the individual, agency, or other entity that
seeks
the employee's services of the ethics council's
determination
under section 5126.032 of the Revised Code regarding the
contract.
The council's determination shall be binding on all parties. The employee who is the subject of the contract shall
inform
the superintendent of the county board of any employment
the
employee has outside the county board that is with any
individual,
agency, or other entity that has a contract with the county board.
Sec. 5126.034. (A) If the requirements of section 5126.033 of the Revised
Code have been met for a particular
direct services contract, a former member of a county board of mental retardation and
developmental disabilities, former board member, a board employee, or former
employee, or an immediate family member of a county board member,
former board member, employee, or former employee, is not in
violation of the restrictions in Chapter 102. and sections
2921.42 and 5126.021 5126.029 of the Revised Code with regard to that contract. (B) Nothing in section 5126.033 of the Revised Code shall be construed to
allow a member or employee of a county board to authorize, or use the
authority of the member's or employee's office or employment
to secure authorization of,
a contract that could result in receipt by the board member or
employee or a member of the immediate family of the board member or
employee of payment for expenses incurred on behalf of an immediate family
member who is an eligible person.
Sec. 5126.037. No county board of mental retardation and developmental disabilities shall contract with an agency whose board includes a county commissioner of any of the counties served by the county board.
Sec. 5126.038. (A)(1) As used in this section, "professional services" means all of the following services provided on behalf of a county board of mental retardation and developmental disabilities, members or employees of a county board, or both:
(a) Lobbying and other governmental affairs services;
(b) Legal services other than the legal services provided by a county prosecutor or provided for the purpose of collective bargaining;
(c) Public relation services;
(d) Consulting services;
(e) Personnel training services, not including tuition or professional growth reimbursement programs for county board members or employees.
(2) "Professional services" does not mean services provided pursuant to a service contract as defined in section 5126.035 of the Revised Code.
(B) Each county board of mental retardation and developmental disabilities shall submit to the board of county commissioners of each county that is served by the county board, in accordance with the normal budget process and as part of its budget request, a list identifying the total expenditures projected for any of the following:
(1) Any membership dues of the members or employees of the county board, in any organization, association, or other entity;
(2) Any professional services of the county board, its members or employees, or both;
(3) Any training of the members or employees of the county board.
Sec. 5126.056. (A) The department of mental retardation and
developmental disabilities shall take action under division (B) of
this section against a county board of mental retardation and
developmental disabilities if any of the following are the case: (1) The county board fails to submit to the department all
the components of its three-year plan required by section 5126.054
of the Revised Code within the time required by division (B) of
that section. (2) The department disapproves the county board's
three-year
plan under section 5123.046 of the Revised Code. (3) The county board fails, as required by division (C) of
section 5126.054 of the Revised Code, to update and renew its
three-year plan in accordance with a schedule the department
develops under that section. (4) The county board fails to implement its initial or
renewed three-year plan approved by the department. (5) The county board fails to correct a deficiency within
the time required by division (G) of section 5126.055 of the
Revised Code to the satisfaction of the department. (6) The county board fails to submit an acceptable plan of
correction to the department within the time required by division
(G)(2) of section 5126.055 of the Revised Code. (B) If required by division (A) of this section to take
action against a county board, the department shall issue an order
terminating the county board's medicaid local administrative
authority over all or part of home and community-based services,
medicaid case management services, habilitation center services,
all or part of two of those services, or all or part of all three
of those services. The department shall provide a copy of the
order to the board of county commissioners, senior probate judge, county
auditor, and president and superintendent of the county board.
The
department shall specify in the order the medicaid local
administrative authority that the department is terminating, the
reason for the termination, and the county board's option and
responsibilities under this division. A county board whose medicaid local administrative authority
is terminated may, not later than thirty days after the department
issues the termination order, recommend to the department that
another county board that has not had any of its medicaid local
administrative authority terminated or another entity the
department approves administer the services for which the county
board's medicaid local administrative authority is terminated.
The
department may contract with the other county board or entity
to
administer the services. If the department enters into such a
contract, the county board shall adopt a resolution giving the
other county board or entity full medicaid local administrative
authority over the services that the other county board or entity
is to administer. The other county board or entity shall be known
as the contracting authority. If the department rejects the county board's recommendation
regarding a contracting authority, the county board may appeal the
rejection under section 5123.043 of the Revised Code. If the county board does not submit a recommendation to the
department regarding a contracting authority within the required
time or the department rejects the county board's recommendation
and the
rejection is upheld pursuant to an appeal, if any, under
section
5123.043 of the Revised Code,
the department shall appoint
an administrative receiver to
administer the services for which
the county board's medicaid
local administrative authority is
terminated. To the extent
necessary for the department to appoint
an administrative
receiver, the department may utilize employees
of the department,
management personnel from another county board,
or other
individuals who are not employed by or affiliated with in
any
manner a person that provides home and
community-based
services,
medicaid case management services, or
habilitation
center services
pursuant to a contract with any
county board. The
administrative
receiver shall assume full
administrative
responsibility for the
county board's services for
which the
county board's medicaid
local administrative authority
is
terminated. The contracting authority or administrative receiver shall
develop and submit to the department a plan of correction to
remediate the problems that caused the department to issue the
termination order. If, after reviewing the plan, the department
approves it, the contracting authority or administrative receiver
shall implement the plan. The county board shall transfer control of state and federal
funds it is otherwise eligible to receive for the services for
which the county board's medicaid local administrative authority
is terminated and funds the county board may use under division
(B) of section 5126.057 of the Revised Code to pay the nonfederal
share of the services that the county board is required by
division (A) of that section to pay. The county board shall
transfer control of the funds to the contracting authority or
administrative receiver administering the services. The amount
the county board shall transfer shall be the amount necessary for
the contracting authority or administrative receiver to fulfill
its duties in administering the services, including its duties to
pay its personnel for time worked, travel, and related matters.
If
the county board fails to make the transfer, the department may
withhold the state and federal funds from the county board and
bring a mandamus action against the county board in the court of
common pleas of the county served by the county board or in the
Franklin county court of common pleas. The mandamus action may
not require that the county board transfer any funds other than
the funds the county board is required by division (B) of this
section to
transfer. The contracting authority or administrative receiver has the
right to authorize the payment of bills in the same manner that
the county board may authorize payment of bills under this chapter
and section 319.16 of the Revised Code.
Sec. 5126.058. (A) Each county board of mental retardation and developmental disabilities shall prepare a memorandum of understanding that is developed by all of the following and that is signed by the persons identified in divisions (A)(3)(2) to (8)(7) of this section:
(1) If there is only one probate judge in the county, the The senior probate judge of the county or the senior probate judge's representative;
(2) If there is more than one probate judge in the county, a probate judge or the probate judge's representative selected by the probate judges or, if they are unable to do so for any reason, the probate judge who is senior in point of service or the senior probate judge's representative;
(3) The county peace officer;
(4)(3) All chief municipal peace officers within the county;
(5)(4) Other law enforcement officers handling abuse, neglect, and exploitation of mentally retarded and developmentally disabled persons in the county;
(6)(5) The prosecuting attorney of the county;
(7)(6) The public children services agency;
(8)(7) The coroner of the county.
(B) A memorandum of understanding shall set forth the normal operating procedure to be employed by all concerned officials in the execution of their respective responsibilities under this section and sections 313.12, 2151.421, 2903.16, 5126.31, and 5126.33 of the Revised Code and shall have as its primary goal the elimination of all unnecessary interviews of persons who are the subject of reports made pursuant to this section. A failure to follow the procedure set forth in the memorandum by the concerned officials is not grounds for, and shall not result in, the dismissal of any charge or complaint arising from any reported case of abuse, neglect, or exploitation or the suppression of any evidence obtained as a result of any reported abuse, neglect, or exploitation and does not give any rights or grounds for appeal or post-conviction relief to any person.
(C) A memorandum of understanding shall include, but is not limited to, all of the following:
(1) The roles and responsibilities for handling emergency and nonemergency cases of abuse, neglect, or exploitation;
(2) The roles and responsibilities for handling and coordinating investigations of reported cases of abuse, neglect, or exploitation and methods to be used in interviewing the person who is the subject of the report and who allegedly was abused, neglected, or exploited;
(3) The roles and responsibilities for addressing the categories of persons who may interview the person who is the subject of the report and who allegedly was abused, neglected, or exploited;
(4) The roles and responsibilities for providing victim services to mentally retarded and developmentally disabled persons pursuant to Chapter 2930. of the Revised Code;
(5) The roles and responsibilities for the filing of criminal charges against persons alleged to have abused, neglected, or exploited mentally retarded or developmentally disabled persons.
(D) A memorandum of understanding may be signed by victim advocates, municipal court judges, municipal prosecutors, and any other person whose participation furthers the goals of a memorandum of understanding, as set forth in this section.
Sec. 5126.081. (A) In
addition to the rules adopted under division
(A)(2) of section 5126.08 of the Revised
Code establishing standards for
the administration, provision, arrangement, and operation of
programs and services by county boards of mental retardation and
developmental disabilities, the department of mental retardation
and developmental disabilities shall establish a system of
accreditation for county boards of mental retardation and
developmental disabilities to ensure that the boards are in
compliance with federal and state statutes and rules. The
department shall adopt rules in
accordance with Chapter 119. of
the Revised Code governing the system of accreditation. The rules
shall include
appropriate timelines for compliance when a board is found to be
not in compliance and appropriate actions to be taken by boards
in complying with the accreditation requirements. (B) Prior to accrediting
a board, the department shall conduct a comprehensive, on-site
review of the board. During the review, the department shall
document the board's compliance with the department's
accreditation requirements. After completing the
review, the
department shall conduct an exit conference with the president
of the board, the superintendent of the board, and any other
officials the board asks to have present. The department shall
discuss its findings from the review with the board's
representatives and provide a written report of its findings not
later than thirty days following the exit conference. If the
department finds that the board is in compliance with the
requirements for accreditation, the department shall
issue evidence
of accreditation to the board. Accreditation may be granted for periods of up to five
years and may be renewed. Not less than once prior to the date
a board's accreditation is scheduled to expire, the department
shall conduct a comprehensive, on-site review of the
board. Each board shall conduct an annual audit of itself to
evaluate its compliance with the requirements for
accreditation. The department may conduct an interim review of any new
program
or service initiated by a board after its last comprehensive
review. The department may conduct other reviews and
investigations as necessary to enforce this section. (C) If the department
determines through its review of a board that the board is not
in compliance with the requirements for accreditation,
the department shall, except as provided in division
(F) of this section, grant the
board an opportunity to correct the matters in which it is not
in compliance. The department shall grant the board an
appropriate length of time to comply with the
requirements prior to taking any action to deny accreditation to the
board. To avoid
denial of accreditation, the board superintendent shall prepare
a plan of correction to remediate the matters specified in the
department's written report as not being in compliance with the
requirements for accreditation. The superintendent
shall submit the plan to the board for review, and the board shall
review the
plan. If the board believes that the plan is sufficient to
correct the matters, the board shall approve the plan by
resolution and submit the plan to the department for its
review. The department shall review the plan of correction. If the
department approves the plan, the board shall commence action to
implement the plan. The department shall, as necessary, conduct
follow-up reviews of the board to determine whether it has met
the requirements for accreditation. If the plan of
correction submitted by a board is disapproved, the department shall inform
the board of the reasons for disapproval and may grant the board
an opportunity to submit a revised plan of correction. A board may request technical assistance from the
department, other boards, or professional organizations in
preparing plans of correction and in implementing plans of
correction. (D) If, after being
given the opportunity to implement a plan of correction, a board
continues to fail to meet the requirements for
accreditation, the
department shall issue an order denying accreditation to the
board. The department may deny accreditation to the board for
all or part of the programs or services offered by the
board. The department shall simultaneously notify all of the
following officials in the county: the members of the board of
county commissioners, the senior probate judge, the county auditor, and
the president and superintendent of the county board of mental
retardation and developmental disabilities. The notice shall
identify the programs and services that have been denied
accreditation, the requirements for accreditation
with
which the board is not in
compliance, and the
responsibilities of the county officials to contract under
division (E)(1) of this section
to have the board's programs and services administered by another party
or become subject to administrative receivership under division
(E)(2) of this section. (E)(1) When a board
is denied accreditation, the department shall first give the
board the option of contracting to have the board's programs and
services that were denied accreditation administered by an
accredited county board of mental retardation and developmental
disabilities or another qualified entity subject to the approval
of the department. The board may contract with more than one
board that has been accredited. When a board enters into a
contract, the board shall, by resolution, give the contractor
full administrative authority over the programs and services
that the contractor will administer. (2) If a board fails to exercise its option of
entering into a contract under division
(E)(1) of this section sooner
than thirty days after the department denies accreditation, the
department shall appoint an administrative receiver of the
board's programs and services that were denied accreditation.
The
department may appoint employees of the department, management
personnel from county boards of mental retardation and
developmental disabilities, or individuals from other entities
as necessary to meet its needs for appointing an administrative
receiver, except that individuals from other entities may be
appointed only when qualified department employees or board
management personnel are unavailable. The department may not
appoint an individual who is employed by or affiliated with an
entity that is under contract with the board. The
administrative receiver shall assume full administrative
responsibility for the board's programs and services that were
denied accreditation. (3) The board or entity that contracts with a board
under division (E)(1) of this
section, or the administrative receiver appointed under division
(E)(2) of this section, shall
develop and implement a plan of correction to remediate the
matters that caused the department to deny accreditation. The
contractor or administrative receiver shall submit the plan to
the department, and the department shall review the plan. If the
plan is approved by the department, the contractor or
administrative receiver shall commence action to implement the
plan. The contractor or administrative receiver shall report to
the department any findings it can make pertaining to issues or
circumstances that are beyond the control of the board and
result in the unlikelihood that compliance with the
requirements for accreditation can be achieved unless the issues or
circumstances are remediated. (4) For purposes of divisions
(E)(1) and (2) of this section,
the department shall require the board that has been denied
accreditation to transfer control of state and federal funds it
is eligible to receive for the board's programs and services that
have been denied accreditation in an amount necessary for the
contractor or administrative receiver to fulfill its duties in
administering the programs and services for the board. The
transfer of control of funds does not cause any programs and
services of the board that are accredited to lose their
accreditation. If the board refuses to transfer control of
funds, the department may withhold state and federal funds from
the board in an amount necessary for the contractor or
administrative receiver to fulfill its duties. The amount
transferred or withheld from a board shall include
reimbursements for the personnel of the contractor or
administrative receiver, including amounts for time worked,
travel, and related expenses. A contractor or administrative receiver that has
assumed the administration of a board's programs and services
has the right to authorize the payment of bills in the same
manner that a board may authorize payment of bills under this
chapter and section 319.16 of the Revised Code. (F) When the
department's review of a board reveals serious health and safety
issues within the programs and services offered by the board,
the department shall order the board to correct the violations
immediately or appoint an administrative receiver. (G) At any time a board
can demonstrate that it is capable of assuming its duties in
compliance with the department's requirements for
accreditation,
the department shall reverse its order denying accreditation and
issue evidence of accreditation to the board. A board may appeal the department's denial of accreditation or
refusal to reverse a denial of accreditation only by filing a
complaint under section 5123.043 of the Revised
Code. If in its appeal the board can demonstrate that it
is capable of assuming its duties in compliance with the
department's requirements for accreditation, the
department shall
reverse its order denying accreditation and shall issue evidence
of accreditation to the board. (H) All notices issued
to a board by the department under this section shall be
delivered to the board's president and superintendent. (I) A board's
president may designate another member of the board as the individual to be
responsible for fulfilling all or part of
the president's responsibilities established under this
section.
Sec. 5126.30. As used in sections 5126.30 to
5126.34
of
the Revised Code: (A) "Adult" means a person eighteen
years of age or older
with mental retardation
or a developmental disability. (B) "Caretaker" means a person who is responsible for the
care of an adult by order of a court, including an order of
guardianship, or who assumes the responsibility for the care of
an
adult as a volunteer, as a family member, by contract, or by
the
acceptance of payment for care. (C) "Abuse" has the same meaning as in section
5123.50 of
the Revised Code, except that it includes
a misappropriation, as
defined in that section. (D) "Neglect" has the same meaning as in section 5123.50 of
the
Revised Code. (E) "Exploitation" means the unlawful or improper act of a caretaker using an adult or an adult's resources for monetary or personal benefit, profit, or gain, including misappropriation, as defined in section 5123.50 of the Revised Code, of an adult's resources. (F) "Working day" means Monday, Tuesday, Wednesday,
Thursday, or Friday, except when that day is a holiday as defined
in section 1.14 of the Revised Code. (G) "Incapacitated" means lacking understanding or
capacity,
with or without the assistance of a caretaker, to make
and carry
out decisions regarding food, clothing, shelter, health
care, or
other necessities, but does not include mere refusal to
consent to
the provision of services. (H) "Emergency protective services" means protective services furnished to a person with mental retardation or a developmental disability to prevent immediate physical harm. (I) "Protective services" means services provided by the county board of mental retardation and developmental disabilities to an adult with mental retardation or a developmental disability for the prevention, correction, or discontinuance of an act of as well as conditions resulting from abuse, neglect, or exploitation. (J) "Protective service plan" means an individualized plan developed by the county board of mental retardation and developmental disabilities to prevent the further abuse, neglect, or exploitation of an adult with mental retardation or a developmental disability. (K) "Substantial risk" has the same meaning as in section 2901.01 of the Revised Code. (L) "Party" means all of the following: (1) An adult who is the subject of a probate proceeding under sections 5126.30 to 5126.33 of the Revised Code; (2) A caretaker, unless otherwise ordered by the probate court; (3) Any other person designated as a party by the probate court including but not limited to, the adult's spouse, custodian, guardian, or parent. (M) "Board" has the same meaning as in section 5126.02 of the Revised Code means a county board of mental retardation and developmental disabilities.
Sec. 5705.191. The taxing authority of any subdivision,
other than the board of education of a school district or the
taxing authority of a county school financing district, by a vote
of two-thirds of all its members, may declare by resolution that
the amount of taxes that may be raised within the ten-mill
limitation by levies on the current tax duplicate will be
insufficient to provide an adequate amount for the necessary
requirements of the subdivision, and that it is necessary to levy
a tax in excess of such limitation for any of the purposes in
section 5705.19 of the Revised Code, or to supplement the general
fund for the purpose of making appropriations for one or more of
the following purposes: public assistance, human or social
services, relief, welfare, hospitalization, health, and support
of general hospitals, and that the question of
such additional tax levy shall be submitted to the electors of
the subdivision at a general, primary, or special election to be
held at a time therein specified. Such resolution shall not
include a levy on the current tax list and duplicate unless such
election is to be held at or prior to the general election day of the current
tax year. Such
resolution shall conform to the requirements of section 5705.19
of the Revised Code, except that a levy to supplement the general
fund for the purposes of public assistance, human or social
services, relief, welfare, hospitalization, health, or the
support of general or tuberculosis hospitals may not be for a
longer period than ten years. All other levies under this
section may not be for a longer period than five years unless a
longer period is permitted by section 5705.19 of the Revised
Code, and the resolution shall specify the date of holding such
election, which shall not be earlier than seventy-five days after
the adoption and certification of such resolution. The
resolution shall go into immediate effect upon its passage and no
publication of the same is necessary other than that provided for
in the notice of election. A copy of such resolution,
immediately after its passage, shall be certified to the board of
elections of the proper county or counties in the manner provided
by section 5705.25 of the Revised Code, and such section shall
govern the arrangements for the submission of such question and
other matters with respect to such election, to which section
5705.25 of the Revised Code refers, excepting that such election
shall be held on the date specified in the resolution, which
shall be consistent with the requirements of section 3501.01 of
the Revised Code, provided that only one special election for the
submission of such question may be held in any one calendar year
and provided that a special election may be held upon the same
day a primary election is held. Publication of notice of such
election shall be made in one or more newspapers of general
circulation in the county once a week for four consecutive weeks. If a majority of the electors voting on the question vote in favor thereof, the
taxing authority
of the subdivision may make the necessary levy within such
subdivision at the additional rate or at any lesser rate outside
the ten-mill limitation on the tax list and duplicate for the
purpose stated in the resolution. Such tax levy shall be
included in the next annual tax budget that is certified to the
county budget commission. After the approval of such a levy by
the
electors, the taxing authority of the subdivision may anticipate a
fraction
of the proceeds of such levy and issue anticipation notes. In
the case of a continuing levy that is not levied for the purpose of current
expenses, notes may be issued at any time after approval of the
levy in an amount
not more than fifty per cent of the total estimated proceeds of
the levy for the succeeding ten years, less an
amount equal to the fraction of the proceeds of the levy previously
anticipated by the issuance
of anticipation notes. In the case of a levy for a
fixed period that is not for the purpose of current expenses, notes may
be issued at any time after approval of the levy in an amount not more
than fifty per cent of the total estimated proceeds of the levy
throughout the remaining life of the levy, less an amount
equal to the fraction of the proceeds of the levy previously anticipated by
the issuance of anticipation notes. In the case
of a levy for current expenses, notes may be issued after the
approval of the levy by the electors and prior to the time when the
first tax collection from the levy can be made. Such notes may
be issued in an amount not more than fifty per cent of the total
estimated proceeds of the levy throughout the term of the levy
in the case of a levy for a fixed period, or fifty per cent of
the total estimated proceeds for the first ten years of the levy
in the case of a continuing levy. No anticipation notes that increase the net
indebtedness of a county may be issued without the prior consent
of the board of county commissioners of that county. The notes
shall be issued as provided in section 133.24 of the Revised
Code, shall have principal payments during each year after the
year of their issuance over a period not exceeding the life of
the levy anticipated, and may have a principal payment in the
year of their issuance. "Taxing authority" and "subdivision" have the same meanings
as in section 5705.01 of the Revised Code. "Human or social services" includes a county's contributions to a multicounty board of mental retardation and developmental disabilities of which the county is a member. This section is supplemental to and not in derogation of
sections 5705.20, 5705.21, and 5705.22 of the Revised Code.
Sec. 5705.222. (A) At any time the board of county
commissioners of any county by a majority vote of the full
membership may declare by resolution and certify to the board of
elections of the county that the amount of taxes which may be
raised within the ten-mill limitation by levies on the current
tax duplicate will be insufficient to provide the necessary
requirements of the single county board of mental retardation and
developmental disabilities established pursuant to Chapter 5126.
of the Revised Code, or the county's contribution to a multicounty board created under that chapter of which the county is a member, and that it is necessary to levy a tax in
excess of such limitation for the operation of programs and
services by county boards of mental retardation and
developmental disabilities and for the acquisition, construction,
renovation, financing, maintenance, and operation of mental
retardation and developmental disabilities facilities. Such resolution shall conform to section 5705.19 of the
Revised Code, except that the increased rate may be in effect for
any number of years not exceeding ten or for a continuing period
of time. The resolution shall be certified and submitted in the
manner provided in section 5705.25 of the Revised Code, except
that it may be placed on the ballot in any election, and shall be
certified to the board of elections not less than seventy-five
days before the election at which it will be voted upon. If the majority of the electors voting on a levy for the
support of the programs and services of the county board of
mental retardation and developmental disabilities vote in favor
of the levy, the board of county commissioners may levy a tax
within the county at the additional rate outside the ten-mill
limitation during the specified or continuing period, for the
purpose stated in the resolution. The county board of mental
retardation and developmental disabilities, within its budget and
with the approval of the board of county commissioners through
annual appropriations, shall use the proceeds of a levy approved
under this section solely for the purposes authorized by this
section. (B) When electors have approved a tax levy under this
section, the county commissioners may anticipate a fraction of
the proceeds of the levy and issue anticipation notes in
accordance with section 5705.191 or 5705.193 of the Revised Code. (C) The county auditor, upon receipt of a resolution from
the county board of mental retardation and developmental
disabilities, shall establish a capital improvements account or
a reserve balance account, or both, as specified in the
resolution. The capital improvements account shall be a
contingency account for the necessary acquisition, replacement,
renovation, or construction of facilities and movable and fixed
equipment. Upon the request of the county board of mental retardation
and developmental disabilities, moneys not needed to pay for
current expenses may be appropriated to this account, in amounts
such that this account does not exceed twenty-five per cent of
the replacement value of all capital facilities and equipment
currently used by the county board of mental retardation and
developmental disabilities for mental retardation and
developmental disabilities programs and services. Other moneys
available for current capital expenses from federal, state, or
local sources may also be appropriated to this account. The reserve balance account shall contain those moneys that
are not needed to pay for current operating expenses and not
deposited in the capital improvements account but that will be
needed to pay for operating expenses in the future. Upon the
request of a county board of mental retardation and developmental
disabilities, the board of county commissioners may appropriate
moneys to the reserve balance account.
SECTION 2. That existing sections 5126.01, 5126.02, 5126.021, 5126.022, 5126.023, 5126.024, 5126.03, 5126.031, 5126.033, 5126.034, 5126.056, 5126.058, 5126.081, 5126.30, 5705.191, and 5705.222 of the Revised Code are hereby repealed.
SECTION 3. (A) As used in this section, "immediate family" has the same meaning as in section 5126.01 of the Revised Code.
Not later than thirty days after the effective date of this section, each individual who serves as a member of a county board of mental retardation and developmental disabilities on the effective date of this section shall provide to the superintendent of the county board a written declaration specifying both of the following:
(1) That no circumstance described in section 5126.029 of the Revised Code exists that bars the individual from serving on the county board;
(2) Whether the individual or an immediate family member of the individual has an ownership interest in or is under contract with an agency contracting with the county board, and, if such an ownership interest or contract exists, the identity of the agency and the nature of the relationship to that agency.
(B) Each declaration provided to a county board superintendent under this section is a public record for the purpose of section 149.43 of the Revised Code.
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