Ohio Revised Code Chapter 5126 - County Boards Of Developmental Disabilities

• Section 5126.01 - County Boards Of Developmental Disabilities Definitions.
  As used in this chapter: (A) As used in this division, "adult" means an individual who is eighteen years of age or over and...
• Section 5126.011 - Reference To County Board.
  Whenever a county board of mental retardation and developmental disabilities is referred to or designated in any statute, rule, contract, grant, or other document,...
• Section 5126.02 - County Or Multicounty Board Of Developmental Disability Required.
  (A) Each county shall have its own county board of developmental disabilities. Subject to division (B) of this section: (1) A county board shall...
• Section 5126.021 - Membership Of County Boards.
  Each county board of developmental disabilities shall consist of seven members. The board of county commissioners of the county shall appoint five members and...
• Section 5126.022 - Appointment Of Members Of County Boards.
  When making appointments to a county board of developmental disabilities, an appointing authority shall do all of the following: (A) Appoint only individuals who...
• Section 5126.023 - Persons Who May Not Serve On A County Board Of Developmental Disabilities.
  None of the following individuals may serve as a member of a county board of developmental disabilities: (A) An elected public official, except for...
• Section 5126.024 - Declaration Of Eligibility Prior To Appointment To Board.
  (A) No individual may be appointed or reappointed to a county board of developmental disabilities unless the individual, before the appointment or reappointment, provides...
• Section 5126.025 - Time And Term Of Appointment Of Members Of Board.
  Except for members appointed under section 5126.027 of the Revised Code to fill a vacancy, members of a county board of developmental disabilities shall...
• Section 5126.026 - Reappointment Of Members Of Board.
  Except as otherwise provided in this section and section 5126.0218 of the Revised Code, a member of a county board of developmental disabilities may...
• Section 5126.027 - Filling Of Vacancy On Board For Unexpired Term.
  Within sixty days after a vacancy on a county board of developmental disabilities occurs, including a vacancy created under section 5126.0213 of the Revised...
• Section 5126.028 - Members Of Board Not Compensated - Reimbursement For Expenses.
  Members of a county board of developmental disabilities shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the conduct of...
• Section 5126.029 - Organization Of Board.
  (A) Each county board of developmental disabilities shall hold an organizational meeting no later than the thirty-first day of January of each year and...
• Section 5126.0210 - Members Of Board To Attend Annual In-service Training.
  Each year, each member of a county board of developmental disabilities shall attend at least four hours of in-service training provided or approved by...
• Section 5126.0211 - Virtual Attendance At In-service Training Sessions.
  A member of a county board of developmental disabilities shall be considered present at an in-service training session even though the member is not...
• Section 5126.0212 - Participation By Member In Matter Involving Conflict Of Interest.
  In no circumstance shall a member of a county board of developmental disabilities participate in or vote on any matter before the county board...
• Section 5126.0213 - Grounds For Removal Of Member Of Board.
  (A) Subject to sections 5126.0214 and 5126.0216 of the Revised Code, an appointing authority shall remove a member of a county board of developmental...
• Section 5126.0214 - Waiver Of Removal Requirement For Nonattendance.
  An appointing authority shall not remove a member of a county board of developmental disabilities from the county board by reason of division (A)(5),...
• Section 5126.0215 - Notice Of Grounds Of Removal To Member And Appointing Authority.
  If there are grounds for the mandatory removal of a member of a county board of developmental disabilities under section 5126.0213 of the Revised...
• Section 5126.0216 - Request For Hearing On Proposed Removal Of Member.
  An appointing authority shall afford a member of a county board of developmental disabilities an opportunity for a hearing on the member's proposed removal...
• Section 5126.0217 - Removal Of Member Prohibited Before Conclusion Of Hearing.
  If a member of a county board of developmental disabilities requests a hearing within the time required by section 5126.0216 of the Revised Code,...
• Section 5126.0218 - Eligibility Of Removed Member For Reappointment.
  A member of a county board of developmental disabilities who is removed from the county board is ineligible for reappointment to the board for...
• Section 5126.0219 - Superintendent.
  (A) Each county board of developmental disabilities shall either employ a superintendent or obtain the services of the superintendent of another county board of...
• Section 5126.0220 - Superintendent Of County Board - Powers And Duties.
  (A) The superintendent of the county board of developmental disabilities shall do all of the following: (1) Administer the work of the board, subject...
• Section 5126.0221 - Individuals Disqualified From Employment By Board.
  (A) As used in this section, "specialized services" has the same meaning as in section 5123.081 of the Revised Code. (B) Except as provided...
• Section 5126.0222 - [Repealed].
  Repealed by 129th General AssemblyFile No.127, HB 487, §105.01, eff. 9/10/2012. Amended by 128th General Assemblych.127, SB 79, §1, eff. 10/6/2009. Effective Date: 2005...
• Section 5126.0222 - Employee Of County Board Of Developmental Disabilities May Be Member Of Governing Board Of Political Subdivision.
  As used in this section, "specialized services" has the same meaning as in section 5123.081 of the Revised Code. Notwithstanding any provision of the...
• Section 5126.03 - Direct Services Contract Definitions.
  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...
• Section 5126.031 - Appointing Ethics Council.
  (A) Except as provided in division (B) of this section, annually at the organizational meeting required by section 5126.029 of the Revised Code, the...
• Section 5126.032 - Reviewing Direct Services Contracts.
  (A) The ethics council appointed for a county board of developmental disabilities shall review all direct services contracts, and approve or disapprove each contract...
• Section 5126.033 - Direct Services Contract Requirements.
  (A) A county board of developmental disabilities shall not enter into a direct services contract unless the contract is limited either to the actual...
• Section 5126.034 - Contracts In Conformity With Law.
  (A) If the requirements of section 5126.033 of the Revised Code have been met for a particular direct services contract, a member or former...
• Section 5126.035 - [Repealed].
  Effective Date: 2007 HB119 09-29-2007
• Section 5126.036 - [Repealed].
  Effective Date: 2007 HB119 09-29-2007
• Section 5126.037 - [Repealed].
  Repealed by 130th General Assembly File No. TBD, HB 483, §105.01, eff. 9/15/2014. Amended by 128th General Assemblych.127, SB 79, §1, eff. 10/6/2009. Effective...
• Section 5126.038 - Identification Of Certain Expenses.
  (A) As used in this section, "professional services" means all of the following services provided on behalf of a county board of developmental disabilities,...
• Section 5126.04 - Planning And Setting Priorities.
  (A) Each county board of developmental disabilities shall plan and set priorities based on available resources for the provision of facilities, programs, and other...
• Section 5126.041 - Eligibility Determinations.
  (A) As used in this section: (1) "Preschool child with a disability" has the same meaning as in section 3323.01 of the Revised Code....
• Section 5126.042 - Waiting Lists For Services.
  (A) As used in this section, "emergency status" means a status that an individual with mental retardation or developmental disabilities has when the individual...
• Section 5126.043 - Decisions By Individuals With Mental Retardation Or Other Developmental Disability; Authorization For Decision By Adult; Decisions By Guardian.
  (A) Unless a guardian has been appointed for the individual, when a decision regarding receipt of a service or participation in a program provided...
• Section 5126.044 - Confidentiality.
  (A) As used in this section : (1) "Eligible person" has the same meaning as in section 5126.03 of the Revised Code. (2) "Treatment"...
• Section 5126.045 - Fees For Services.
  (A) As used in this section, "eligible person" means a person eligible to receive services from a county board of developmental disabilities or from...
• Section 5126.046 - Right To Community-based Services; List Of Providers.
  (A) Except as otherwise provided by 42 C.F.R. 431.51, an individual with mental retardation or other developmental disability who is eligible for home and...
• Section 5126.05 - County Board - Powers And Duties.
  (A) Subject to the rules established by the director of developmental disabilities pursuant to Chapter 119. of the Revised Code for programs and services...
• Section 5126.051 - Residential Services And Supported Living Services.
  (A) To the extent that resources are available, a county board of developmental disabilities shall provide for or arrange residential services and supported living...
• Section 5126.052 - Volunteer Bus Rider Assistance Program.
  (A) The superintendent of a county board of developmental disabilities providing transportation for pupils to special education programs under this chapter may establish a...
• Section 5126.053 - [Repealed].
  Effective Date: 2007 HB119 06-30-2007
• Section 5126.054 - Three-calendar Year Plan.
  (A) Each county board of developmental disabilities shall, by resolution, develop a three-calendar year plan that includes the following three components: (1) An assessment...
• Section 5126.055 - Services Provided By Board That Has Medicaid Local Administrative Authority.
  (A) Except as provided in section 5126.056 of the Revised Code, a county board of developmental disabilities has medicaid local administrative authority to, and...
• Section 5126.056 - Terminating County Board's Medicaid Local Administrative Authority.
  (A) The department of developmental disabilities shall take action under division (B) of this section against a county board of developmental disabilities if any...
• Section 5126.057 - Amended And Renumbered Rc 5126.0511.
  Effective Date: 2007 HB119 07-01-2007
• Section 5126.058 - Memorandum Of Understanding.
  (A) Each county board of developmental disabilities shall prepare a memorandum of understanding that is developed by all of the following and that is...
• Section 5126.059 - Payment Of Nonfederal Share Of Medicaid Expenditures.
  A county board of developmental disabilities shall pay the nonfederal share of medicaid expenditures for medicaid case management services the county board provides to...
• Section 5126.0510 - Payment Of Nonfederal Share Of Home Services Expenditures.
  (A) Except as otherwise provided in an agreement entered into under section 5123.048 of the Revised Code and subject to divisions (B), (C), (D),...
• Section 5126.0511 - Payment Of Nonfederal Share Of Home Services.
  (A) A county board of developmental disabilities may use the following funds to pay the nonfederal share of the medicaid expenditures that the county...
• Section 5126.0512 - Number Enrolled In Home And Community-based Services.
  (A) Except as provided in rules adopted under section 5123.0413 of the Revised Code, each county board of developmental disabilities shall ensure that the...
• Section 5126.06 - Resolution Of Complaints.
  (A) Except as provided in division (B) of this section, any person who has a complaint involving any of the programs, services, policies, or...
• Section 5126.07 - Discrimination Prohibited - Affirmative Action Plan.
  No county board of developmental disabilities or any agency, corporation, or association under contract with a county board of developmental disabilities shall discriminate in...
• Section 5126.071 - Set Aside For Minority Business Enterprise Contracts.
  (A) As used in this section, "minority business enterprise" has the meaning given in division (E)(1) of section 122.71 of the Revised Code. (B)...
• Section 5126.08 - Programs And Services Offered By County Board.
  (A) The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code for all programs and services offered...
• Section 5126.081 - System Of Accreditation For County Boards Of Developmental Disabilities.
  (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,...
• Section 5126.082 - Standards For Promoting And Advancing The Quality Of Life Of Individuals.
  (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...
• Section 5126.083 - Amended And Renumbered Rc 5126.27.
  Effective Date: 05-04-1992
• Section 5126.09 - Liability Insurance.
  A county board of developmental disabilities may procure a policy or policies of insurance insuring board members or employees of the board or agencies...
• Section 5126.10 - Standard Cost Allocation Procedures.
  The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code establishing standard cost allocation procedures and shall...
• Section 5126.11 - Family Support Services Program.
  (A) As used in this section, "respite care" means appropriate, short-term, temporary care that is provided to a mentally retarded or developmentally disabled person...
• Section 5126.12 - Annual Reports On Income And Operating Expenditures.
  On or before the last day of each April, each county board of developmental disabilities shall certify to the director of developmental disabilities all...
• Section 5126.121 - Employment Of Business Manager.
  Each county board of developmental disabilities may be eligible to receive a subsidy from the department of developmental disabilities for the employment of a...
• Section 5126.13 - Regional Council.
  (A) A county board of developmental disabilities may enter into an agreement with one or more other county boards of developmental disabilities to establish...
• Section 5126.131 - Regional Council And County Board Annual Cost Report.
  (A) (1) Each regional council established under section 5126.13 of the Revised Code shall file with the department of developmental disabilities an annual cost...
• Section 5126.14 - Administrative Oversight.
  The entity responsible for the habilitation management included in adult day habilitation services, the program management included in residential services, and the program management...
• Section 5126.15 - Service And Support Administration Provided.
  (A) A county board of developmental disabilities shall provide service and support administration to each individual three years of age or older who is...
• Section 5126.16 - [Repealed].
  Effective Date: 06-05-2002
• Section 5126.17 - Amended And Renumbered Rc 5126.18.
  Effective Date: 06-05-2002
• Section 5126.18 - County Eligibility To Receive Tax Equity Payments.
  (A) As used in this section: (1) "Taxable value" means the taxable value of a county certified under division (B) of this section. (2)...
• Section 5126.19 - [Repealed].
  Repealed by 129th General AssemblyFile No.28, HB 153, §105.01, eff. 9/29/2011.
• Section 5126.20 - Employee Definitions.
  As used in this section and sections 5126.21 to 5126.25 of the Revised Code: (A) "Service employee" means a person employed by a county...
• Section 5126.201 - Conditional Status Service And Support Administrator - Minimum Requirements.
  (A) A person may be employed by or under contract with a county board of developmental disabilities as a conditional status service and support...
• Section 5126.21 - Management Employees.
  As used in this section, "management employee" does not include the superintendent of a county board of developmental disabilities. (A) (1) Each management employee...
• Section 5126.22 - Classification Of Employees.
  (A) Employees who hold the following positions in a county board of developmental disabilities are management employees: assistant superintendent director of business director of...
• Section 5126.221 - Investigative Agents.
  Each county board of developmental disabilities shall employ at least one investigative agent or contract with a person or government entity, including another county...
• Section 5126.23 - Discipline Of Management Employee Or Superintendent.
  (A) As used in this section, "employee" means a management employee or superintendent of a county board of developmental disabilities. (B) An employee may...
• Section 5126.24 - Salary Schedules For Teaching And Nonteaching Employees.
  (A) As used in this section: (1) "License" means an educator license issued by the state board of education under section 3319.22 of the...
• Section 5126.25 - Uniform Standards And Procedures For Certification And Registrations Of Persons Seeking Employment.
  (A) The director of developmental disabilities shall adopt rules under division (C) of this section establishing uniform standards and procedures for the certification and...
• Section 5126.251 - Effect Of Child Support Default On Certificate.
  On receipt of a notice pursuant to section 3123.43 of the Revised Code, the director of developmental disabilities or the superintendent of a county...
• Section 5126.252 - [Repealed].
  Repealed by 129th General AssemblyFile No.127, HB 487, §105.01, eff. 9/10/2012. Amended by 128th General Assemblych.127, SB 79, §1, eff. 10/6/2009. Effective Date: 09-22-2000
• Section 5126.253 - Information Concerning Improper Conduct By Licensed Employee.
  (A) As used in this section: (1) "Conduct unbecoming to the teaching profession" shall be as described in rules adopted by the state board...
• Section 5126.254 - Report Of Improper Conduct Investigation Kept In Personnel File.
  The superintendent of each county board of developmental disabilities shall require that the reports of any investigation by the board of an employee regarding...
• Section 5126.255 - Rc 5126.253 And Rc 5126.254 Prevail Over Contractual Provisions.
  Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, the provisions of sections 5126.253 and 5126.254 of the Revised Code...
• Section 5126.26 - [Repealed].
  Repealed by 129th General AssemblyFile No.127, HB 487, §105.01, eff. 9/10/2012. Amended by 128th General Assemblych.127, SB 79, §1, eff. 10/6/2009. Effective Date: 05-04-1992
• Section 5126.27 - [Repealed].
  Repealed by 129th General AssemblyFile No.127, HB 487, §105.01, eff. 9/10/2012. Amended by 128th General Assemblych.127, SB 79, §1, eff. 10/6/2009. Effective Date: 05-04-1992
• Section 5126.28 - [Repealed].
  Repealed by 129th General AssemblyFile No.127, HB 487, §105.01, eff. 1/1/2013. Amended by 128th General Assemblych.127, SB 79, §1, eff. 10/6/2009. Effective Date: 01-30-2004
• Section 5126.281 - [Repealed].
  Repealed by 129th General AssemblyFile No.127, HB 487, §105.01, eff. 1/1/2013. Amended by 128th General Assemblych.127, SB 79, §1, eff. 10/6/2009. Effective Date: 09-22-2000
• Section 5126.29 - [Repealed].
  Repealed by 129th General AssemblyFile No.127, HB 487, §105.01, eff. 9/10/2012. Amended by 128th General Assemblych.127, SB 79, §1, eff. 10/6/2009. Effective Date: 10-29-1996
• Section 5126.30 - Protective Services For Adults With Developmental Disability Definitions.
  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...
• Section 5126.31 - Reviewing Reports Of Abuse And Neglect.
  (A) A county board of developmental disabilities shall review reports of abuse and neglect made under section 5123.61 of the Revised Code and reports...
• Section 5126.311 - Requesting Review Of Reports Of Abuse Or Neglect By Other Entities.
  (A) Notwithstanding the requirement of section 5126.31 of the Revised Code that a county board of developmental disabilities review reports of abuse and neglect,...
• Section 5126.312 - Amended And Renumbered Rc 5126.34.
  Effective Date: 03-31-2003
• Section 5126.313 - Investigations.
  (A) After reviewing a report of abuse or neglect under section 5126.31 of the Revised Code or a report of a major unusual incident...
• Section 5126.32 - Obstructing Review Or Investigation.
  If during the course of the review conducted under section 5126.31 of the Revised Code or the investigation conducted under section 5126.313 of the...
• Section 5126.33 - Complaint Process.
  (A) A county board of developmental disabilities may file a complaint with the probate court of the county in which an adult with mental...
• Section 5126.331 - Ex Parte Emergency Order.
  (A) A probate court, through a probate judge or magistrate, may issue by telephone an ex parte emergency order authorizing any of the actions...
• Section 5126.332 - Probable Cause Hearing.
  (A) If an order is issued pursuant to section 5126.331 of the Revised Code, the court shall hold a hearing not later than twenty-four...
• Section 5126.333 - Investigation Of Allegation Of Substantial Risk.
  Any person who has reason to believe that there is a substantial risk to an adult with mental retardation or a developmental disability of...
• Section 5126.34 - Training Standards For Reviewing Abuse And Neglect Reports.
  Each county board of developmental disabilities shall provide comprehensive, formal training for county board employees and other persons authorized to implement sections 5126.30 to...
• Section 5126.35 - [Repealed].
  Effective Date: 12-31-2003
• Section 5126.351 - [Repealed].
  Effective Date: 12-31-2003
• Section 5126.352 - [Repealed].
  Effective Date: 12-31-2003
• Section 5126.353 - [Repealed].
  Effective Date: 12-31-2003
• Section 5126.354 - Amended And Renumbered Rc 5123.422.
  Effective Date: 12-31-2003
• Section 5126.355 - Renumbered Rc 5123.651.
  Effective Date: 12-31-2003
• Section 5126.356 - [Repealed].
  Effective Date: 12-31-2003
• Section 5126.357 - Amended And Renumbered Rc 5123.47.
  Effective Date: 12-13-2003
• Section 5126.36 - Authorization Administer Medications And Perform Health-related Activities And Tube Feedings.
  (A) As used in this section, "health-related activities," "prescribed medication," and "tube feeding" have the same meanings as in section 5123.41 of the Revised...
• Section 5126.38 - Amended And Renumbered Rc 5126.044.
  Effective Date: 03-13-1997
• Section 5126.40 - Supported Living.
  (A) Sections 5126.40 to 5126.47 of the Revised Code do not apply to medicaid-funded supported living. (B) As used in sections 5126.40 to 5126.47...
• Section 5126.41 - Individual Service Plans.
  The county board of developmental disabilities shall identify residents of the county for whom supported living is to be provided. Identification of the residents...
• Section 5126.42 - Procedures For Resolution Of Grievances.
  Each county board of developmental disabilities shall establish procedures for the resolution of grievances between the following: (A) The board and providers ; (B)...
• Section 5126.43 - Supported Living Arrangements.
  (A) After receiving notice from the department of developmental disabilities of the amount of state funds to be distributed to it for planning, developing,...
• Section 5126.431 - [Repealed].
  Effective Date: 2007 HB119 06-30-2007
• Section 5126.44 - [Repealed].
  Effective Date: 2007 HB119 06-30-2007
• Section 5126.45 - Contract With Provider Of Supported Living.
  (A) A contract between a county board of developmental disabilities and a provider of supported living shall be in writing and shall be based...
• Section 5126.451 - [Repealed].
  Effective Date: 2007 HB119 06-30-2007
• Section 5126.46 - Obligations To Provide Residential Services.
  (A) No county board of developmental disabilities shall be obligated to use any money other than money in the community developmental disabilities residential services...
• Section 5126.47 - Joint County Residential Services Consortium.
  A county board of developmental disabilities may, pursuant to a resolution adopted by an affirmative vote of the majority of its members, establish, by...
• Section 5126.49 - Residential Facility Linked Deposit Program.
  The county board of developmental disabilities may adopt a resolution requesting the board of county commissioners to implement a residential facility linked deposit program...
• Section 5126.50 - Standards For Residential Facility Linked Deposit Program.
  If the board of county commissioners adopts a resolution under sections 135.801 and 135.802 of the Revised Code implementing a residential facility linked deposit...
• Section 5126.51 - Residential Facility Linked Deposit Program Definitions.
  As used in sections 5126.51 to 5126.62 of the Revised Code: (A) "Develop" or "development," in contexts not referring to developmental disabilities, means construction...
• Section 5126.52 - Shortage Of Suitable Residential Facilities.
  The general assembly finds that individuals with mental retardation or developmental disabilities residing in the state face a shortage of suitable residential facilities; that...
• Section 5126.53 - Resolution By County Commissioners.
  The residential facility linked deposit program is not operative in a county unless the board of county commissioners has adopted a resolution under sections...
• Section 5126.54 - Application For Loan To Develop Facility.
  An eligible organization that seeks a residential facility linked deposit loan to finance all or part of the development of a residential facility shall...
• Section 5126.55 - Resolution Approving Or Disapproving Development Of Proposed Residential Facility.
  The county board of developmental disabilities shall review each application filed under section 5126.54 of the Revised Code and adopt a resolution approving or...
• Section 5126.56 - Applying To Eligible Lending Institution After Approval.
  On receiving a resolution under section 5126.55 of the Revised Code approving development of a residential facility, an eligible organization may apply to an...
• Section 5126.57 - Approving Or Disapproving Application For Residential Facility Linked Deposit Loan.
  In reviewing an application for a residential facility linked deposit loan, the eligible lending institution shall apply the same lending standards as it customarily...
• Section 5126.58 - Board Approval Or Disapproval Of Loan Application.
  The county board of developmental disabilities shall adopt a resolution approving or disapproving an eligible organization's application for a residential facility linked deposit loan....
• Section 5126.59 - Residential Facility Linked Deposit Agreement.
  On acceptance of a residential facility linked deposit loan by the county board of developmental disabilities, the county's investing authority shall enter into a...
• Section 5126.60 - Lending Value Of Residential Facility Linked Deposit.
  On placement of a residential facility linked deposit pursuant to the residential facility linked deposit agreement under section 5126.59 of the Revised Code, the...
• Section 5126.61 - Monitoring Compliance - Annual Report.
  The county investing authority shall monitor the compliance with sections 5126.51 to 5126.62 of the Revised Code of eligible lending institutions and eligible organizations...
• Section 5126.62 - No Liability For Defaults On Loans.
  The county, board of county commissioners, county board of developmental disabilities, and county investing authority are not liable to any eligible lending institution in...
• Section 5126.99 - Penalty.
  (A) Whoever violates division (B) of section 5126.044 of the Revised Code is guilty of a misdemeanor of the first degree. (B) Whoever violates...

Last modified: October 10, 2016