Ohio Revised Code
Chapter 5126 | County Boards of Developmental Disabilities
Section 5126.05 | County Board - Powers and Duties.

Effective: September 30, 2021
Latest Legislation: House Bill 110 - 134th General Assembly
(A) Subject to the rules established by the director of developmental disabilities pursuant to Chapter 119. of the Revised Code for programs and services offered pursuant to this chapter, and subject to the rules established by the state board of education pursuant to Chapter 119. of the Revised Code for programs and services offered pursuant to Chapter 3323. of the Revised Code, the county board of developmental disabilities shall:
(1) Administer and operate facilities, programs, and services as provided by this chapter and Chapter 3323. of the Revised Code and establish policies for their administration and operation;
(2) Coordinate, monitor, and evaluate existing services and facilities available to individuals with developmental disabilities;
(3) Provide early childhood services, supportive home services, and adult services, according to the plan and priorities developed under section 5126.04 of the Revised Code;
(4) Provide or contract for special education services pursuant to Chapters 3317. and 3323. of the Revised Code and ensure that related services, as defined in section 3323.01 of the Revised Code, are available according to the plan and priorities developed under section 5126.04 of the Revised Code;
(5) Adopt a budget, authorize expenditures for the purposes specified in this chapter and do so in accordance with section 319.16 of the Revised Code, approve attendance of board members and employees at professional meetings and approve expenditures for attendance, and exercise such powers and duties as are prescribed by the director;
(6) Submit annual reports of its work and expenditures, pursuant to sections 3323.09 and 5126.131 of the Revised Code, to the director, the superintendent of public instruction, and the board of county commissioners at the close of the fiscal year and at such other times as may reasonably be requested;
(7) Authorize all positions of employment, establish compensation, including but not limited to salary schedules and fringe benefits for all board employees, approve contracts of employment for management employees that are for a term of more than one year, employ legal counsel under section 309.10 of the Revised Code, and contract for employee benefits. A county board may provide benefits through an individual or joint self-insurance program as provided under section 9.833 of the Revised Code.
(8) Provide service and support administration in accordance with section 5126.15 of the Revised Code;
(9) Certify respite care homes pursuant to rules adopted under section 5123.171 of the Revised Code by the director of developmental disabilities;
(10) Implement an employment first policy that clearly identifies community employment as the desired outcome for every individual of working age who receives services from the board;
(11) Set benchmarks for improving community employment outcomes.
(B) To the extent that rules adopted under this section apply to the identification and placement of children with disabilities under Chapter 3323. of the Revised Code, they shall be consistent with the standards and procedures established under sections 3323.03 to 3323.05 of the Revised Code.
(C) Any county board may enter into contracts with other such boards and with public or private, nonprofit, or profit-making agencies or organizations of the same or another county, to provide the facilities, programs, and services authorized or required, upon such terms as may be agreeable, and in accordance with this chapter and Chapter 3323. of the Revised Code and rules adopted thereunder and in accordance with sections 307.86 and 5126.071 of the Revised Code.
(D) A county board may combine transportation for children and adults enrolled in programs and services offered under Chapter 5126. of the Revised Code with transportation for children enrolled in classes funded under sections 3317.0213 and 3317.20 of the Revised Code.
(E) A county board may purchase all necessary insurance policies, may purchase equipment and supplies through the department of administrative services or from other sources, and may enter into agreements with public agencies or nonprofit organizations for cooperative purchasing arrangements.
(F) A county board may receive by gift, grant, devise, or bequest any moneys, lands, or property for the benefit of the purposes for which the board is established and hold, apply, and dispose of the moneys, lands, and property according to the terms of the gift, grant, devise, or bequest. All money received by gift, grant, bequest, or disposition of lands or property received by gift, grant, devise, or bequest shall be deposited in the county treasury to the credit of such board and shall be available for use by the board for purposes determined or stated by the donor or grantor, but may not be used for personal expenses of the board members. Any interest or earnings accruing from such gift, grant, devise, or bequest shall be treated in the same manner and subject to the same provisions as such gift, grant, devise, or bequest.
(G) The board of county commissioners shall levy taxes and make appropriations sufficient to enable the county board of developmental disabilities to perform its functions and duties, and may utilize any available local, state, and federal funds for such purpose.
Last updated August 12, 2021 at 2:40 PM

Structure Ohio Revised Code

Ohio Revised Code

Title 51 | Public Welfare

Chapter 5126 | County Boards of Developmental Disabilities

Section 5126.01 | County Boards of Developmental Disabilities Definitions.

Section 5126.011 | Reference to County Board.

Section 5126.014 | References to Department or Director.

Section 5126.02 | County or Multicounty Board of Developmental Disability Required.

Section 5126.021 | Membership of County Boards.

Section 5126.022 | Appointment of Members of County Boards.

Section 5126.023 | Persons Who May Not Serve on a County Board of Developmental Disabilities.

Section 5126.024 | Declaration of Eligibility Prior to Appointment to Board.

Section 5126.025 | Time and Term of Appointment of Members of Board.

Section 5126.026 | Reappointment of Members of Board.

Section 5126.027 | Filling of Vacancy on Board for Unexpired Term.

Section 5126.028 | Members of Board Not Compensated - Reimbursement for Expenses.

Section 5126.029 | Organization of Board.

Section 5126.0210 | Members of Board to Attend Annual In-Service Training.

Section 5126.0211 | Virtual Attendance at In-Service Training Sessions.

Section 5126.0212 | Participation by Member in Matter Involving Conflict of Interest.

Section 5126.0213 | Grounds for Removal of Member of Board.

Section 5126.0214 | Waiver of Removal Requirement for Nonattendance.

Section 5126.0215 | Notice of Grounds of Removal to Member and Appointing Authority.

Section 5126.0216 | Request for Hearing on Proposed Removal of Member.

Section 5126.0217 | Removal of Member Prohibited Before Conclusion of Hearing.

Section 5126.0218 | Eligibility of Removed Member for Reappointment.

Section 5126.0219 | Superintendent.

Section 5126.0220 | Superintendent of County Board - Powers and Duties.

Section 5126.0221 | Individuals Disqualified From Employment by Board.

Section 5126.0222 | Employee of County Board of Developmental Disabilities May Be Member of Governing Board of Political Subdivision.

Section 5126.03 | Direct Services Contract Definitions.

Section 5126.031 | Appointing Ethics Council.

Section 5126.032 | Reviewing Direct Services Contracts.

Section 5126.033 | Direct Services Contract Requirements.

Section 5126.034 | Contracts in Conformity With Law.

Section 5126.038 | Identification of Certain Expenses.

Section 5126.04 | Planning and Setting Priorities.

Section 5126.041 | Eligibility Determinations.

Section 5126.042 | Waiting Lists for Non-Medicaid Programs or Services.

Section 5126.043 | Decisions by Individuals With Developmental Disabilities; Authorization for Decision by Adult; Decisions by Guardian.

Section 5126.044 | Confidentiality.

Section 5126.045 | Fees for Services.

Section 5126.046 | Right to Community-Based Services; List of Providers.

Section 5126.047 | Information Regarding Residential Services.

Section 5126.05 | County Board - Powers and Duties.

Section 5126.051 | Residential Services and Supported Living Services.

Section 5126.052 | Volunteer Bus Rider Assistance Program.

Section 5126.053 | Five-Year Projection of Revenues and Expenditures.

Section 5126.054 | Annual Plan.

Section 5126.055 | Services Provided by Board That Has Medicaid Local Administrative Authority.

Section 5126.056 | Terminating County Board's Medicaid Local Administrative Authority.

Section 5126.058 | Memorandum of Understanding.

Section 5126.059 | Payment of Nonfederal Share of Medicaid Expenditures.

Section 5126.0510 | Payment of Nonfederal Share of Home Services Expenditures.

Section 5126.0511 | Payment of Nonfederal Share of Home Services.

Section 5126.0512 | Number Enrolled in Home and Community-Based Services.

Section 5126.06 | Resolution of Complaints.

Section 5126.07 | Discrimination Prohibited - Affirmative Action Plan.

Section 5126.071 | Set Aside for Minority Business Enterprise Contracts.

Section 5126.08 | Programs and Services Offered by County Board.

Section 5126.081 | System of Accreditation for County Boards of Developmental Disabilities.

Section 5126.082 | Standards for Promoting and Advancing the Quality of Life of Individuals.

Section 5126.09 | Liability Insurance.

Section 5126.10 | Standard Cost Allocation Procedures.

Section 5126.11 | Family Support Services Program.

Section 5126.13 | Regional Council.

Section 5126.131 | Regional Council and County Board Annual Cost Report.

Section 5126.14 | Administrative Oversight.

Section 5126.15 | Service and Support Administration Provided.

Section 5126.18 | County Eligibility to Receive Tax Equity Payments.

Section 5126.20 | Employee Definitions.

Section 5126.201 | Conditional Status Service and Support Administrator - Minimum Requirements.

Section 5126.21 | Management Employees.

Section 5126.22 | Classification of Employees.

Section 5126.221 | Investigative Agents.

Section 5126.23 | Discipline of Management Employee or Superintendent.

Section 5126.24 | Salary Schedules for Teaching and Nonteaching Employees.

Section 5126.25 | Uniform Standards and Procedures for Certification and Registrations of Persons Seeking Employment.

Section 5126.251 | Effect of Child Support Default on Certificate.

Section 5126.253 | Information Concerning Improper Conduct by Licensed Employee.

Section 5126.254 | Report of Improper Conduct Investigation Kept in Personnel File.

Section 5126.255 | Rc 5126.253 and Rc 5126.254 Prevail Over Contractual Provisions.

Section 5126.30 | Protective Services for Adults With Developmental Disability Definitions.

Section 5126.31 | Reviewing Reports of Abuse and Neglect.

Section 5126.311 | Requesting Review of Reports of Abuse or Neglect by Other Entities.

Section 5126.313 | Investigations.

Section 5126.32 | Obstructing Review or Investigation.

Section 5126.33 | Complaint Process.

Section 5126.331 | Ex Parte Emergency Order.

Section 5126.332 | Probable Cause Hearing.

Section 5126.333 | Investigation of Allegation of Substantial Risk.

Section 5126.34 | Training Standards for Reviewing Abuse and Neglect Reports.

Section 5126.36 | Authorization Administer Medications and Perform Health-Related Activities and Tube Feedings.

Section 5126.38

Section 5126.40 | Supported Living.

Section 5126.41 | Individual Service Plans.

Section 5126.42 | Procedures for Resolution of Grievances.

Section 5126.43 | Supported Living Arrangements.

Section 5126.45 | Contract With Provider of Supported Living.

Section 5126.46 | Obligations to Provide Residential Services.

Section 5126.47 | Joint County Residential Services Consortium.

Section 5126.49 | Residential Facility Linked Deposit Program.

Section 5126.50 | Standards for Residential Facility Linked Deposit Program.

Section 5126.51 | Residential Facility Linked Deposit Program Definitions.

Section 5126.52 | Shortage of Suitable Residential Facilities.

Section 5126.53 | Resolution by County Commissioners.

Section 5126.54 | Application for Loan to Develop Facility.

Section 5126.55 | Resolution Approving or Disapproving Development of Proposed Residential Facility.

Section 5126.56 | Applying to Eligible Lending Institution After Approval.

Section 5126.57 | Approving or Disapproving Application for Residential Facility Linked Deposit Loan.

Section 5126.58 | Board Approval or Disapproval of Loan Application.

Section 5126.59 | Residential Facility Linked Deposit Agreement.

Section 5126.60 | Lending Value of Residential Facility Linked Deposit.

Section 5126.61 | Monitoring Compliance - Annual Report.

Section 5126.62 | No Liability for Defaults on Loans.

Section 5126.99 | Penalty.