Effective: October 12, 2016
Latest Legislation: House Bill 158 - 131st General Assembly
(A) In addition to the rules adopted under division (A)(2) of section 5126.08 of the Revised Code establishing standards to be followed by county boards of developmental disabilities in administering, providing, arranging, and operating programs and services and in addition to the board accreditation system established under section 5126.081 of the Revised Code, the director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code establishing standards for promoting and advancing the quality of life of individuals with developmental disabilities receiving any of the following:
(1) Early childhood services pursuant to section 5126.05 of the Revised Code for children under age three;
(2) Adult services pursuant to section 5126.05 and division (B) of section 5126.051 of the Revised Code for individuals age sixteen or older;
(3) Family support services pursuant to section 5126.11 of the Revised Code.
(B) The rules adopted under this section shall specify the actions county boards of developmental disabilities and the agencies with which they contract should take to do the following:
(1) Offer individuals with developmental disabilities, and their families when appropriate, choices in programs and services that are centered on the needs and desires of those individuals;
(2) Maintain infants with their families whenever possible by collaborating with other agencies that provide services to infants and their families and taking other appropriate actions;
(3) Provide families that have children with developmental disabilities under age eighteen residing in their homes the resources necessary to allow the children to remain in their homes;
(4) Create and implement community employment services based on the needs and desires of adults with developmental disabilities;
(5) Create, in collaboration with other agencies, transportation systems that provide safe and accessible transportation within the county to individuals with disabilities;
(6) Provide services that allow individuals with disabilities to be integrated into the community by engaging in educational, vocational, and recreational activities with individuals who do not have disabilities;
(7) Provide age-appropriate retirement services for individuals age sixty-five and older with developmental disabilities;
(8) Establish residential services and supported living for individuals with developmental disabilities in accordance with their needs.
(C) To assist in funding programs and services that meet the standards established under this section, each county board of developmental disabilities shall make a good faith effort to acquire available federal funds, including reimbursements under Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended.
(D) Each county board of developmental disabilities shall work toward full compliance with the standards established under this section, based on its available resources. Funds received under this chapter shall be used to comply with the standards. Annually, each board shall conduct a self audit to evaluate the board's progress in complying fully with the standards.
(E) The department shall complete a program quality review of each county board of developmental disabilities to determine the extent to which the board has complied with the standards. The review shall be conducted in conjunction with the comprehensive accreditation review of the board that is conducted under section 5126.081 of the Revised Code.
Notwithstanding any provision of this chapter or Chapter 5123. of the Revised Code requiring the department to distribute funds to county boards of developmental disabilities, the department may withhold funds from a board if it finds that the board is not in substantial compliance with the standards established under this section.
(F) When the standards for accreditation from the commission on accreditation of rehabilitation facilities, or another accrediting agency, meet or exceed the standards established under this section, the director may accept accreditation from the commission or other agency as evidence that the board is in compliance with all or part of the standards established under this section. Programs and services accredited by the commission or agency are exempt from the program quality reviews required by division (E) of this section.
Structure Ohio Revised Code
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 5126.03 | 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 5126.044 | 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 5126.251 | 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 5126.40 | 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 5126.58 | 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.