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Section 5120.64 | Rules regarding the return of Ohio prisoners from outside of this state into this state by a private person or entity.

...ction 5149.03 of the Revised Code; (c) File a performance bond or other surety to guarantee performance. (4) Standards requiring the private person or entity to have criminal records checks and pre-employment drug testing performed for officers and employees of the private person or entity that actually engage in the return of the prisoners and to have a random drug-screening policy and be able to document complian...

Section 5120.65 | Prison nursery program.

...(A) The department of rehabilitation and correction may establish in one or more of the institutions for women operated by the department a prison nursery program under which eligible inmates and children born to them while in the custody of the department may reside together in the institution. If the department establishes a prison nursery program in one or more institutions under this section, sections 5120.651 to...

Section 5120.651 | Eligibility for program.

...e is delivered into the custody of the department of rehabilitation and correction, she gives birth on or after the date the program is implemented, she is subject to a sentence of imprisonment of not more than three years, and she and the child meet any other criteria established by the department.

Section 5120.652 | Duties of inmate participants.

..., each eligible inmate selected by the department shall do all the following: (A) Agree in writing to do all the following: (1) Comply with any program, educational, counseling, and other requirements established for the program by the department of rehabilitation and correction; (2) If eligible, have the child participate in the medicaid program or a health insurance program; (3) Accept the normal risks of...

Section 5120.653 | Termination of participation in program.

...ursery program may be terminated by the department of rehabilitation and correction if one of the following occurs: (A) The inmate fails to comply with the agreement entered into under division (A) of section 5120.652 of the Revised Code. (B) The inmate's child becomes seriously ill, cannot meet medical criteria established by the department of rehabilitation and correction for the program, or otherwise cannot saf...

Section 5120.654 | Collecting support payments.

...half of, and assistance provided under Ohio works first to, a specific inmate or child participating in the prison nursery program; (2) Money assigned or donated to establish and maintain the prison nursery program. (C) The amounts described in division (B)(1) of this section shall be placed in the individual nursery account created and maintained under section 5120.655 of the Revised Code for the inmate and ...

Section 5120.655 | Prison nursery program fund - individual nursery accounts.

...The managing officer of each institution in which a prison nursery program is established pursuant to section 5120.65 of the Revised Code shall do the following: (A) Create and maintain a prison nursery program fund to pay expenses associated with the prison nursery program; (B) Create and maintain an individual nursery account for each inmate participating in the prison nursery program at the institution to help ...

Section 5120.656 | No regulation by department of job and family services.

...ther the prison nursery program nor the department of rehabilitation and correction, with respect to the program, is subject to any regulation, licensing, or oversight by the department of job and family services unless the departments agree to voluntary regulation, licensing, or oversight by the department of job and family services.

Section 5120.657 | Adoption of rules.

...If the department of rehabilitation and correction establishes the prison nursery program, it shall, in accordance with Chapter 119. of the Revised Code, adopt rules that establish requirements necessary and appropriate to the establishment, implementation, and operation of the program. The department shall adopt the rules prior to implementing the program.

Section 5120.66 | Internet database of inmate offense, sentence, and release information; "Laura's Law".

...05, but not before January 1, 2006, the department of rehabilitation and correction shall establish and operate on the internet a database that contains all of the following: (1) For each inmate in the custody of the department under a sentence imposed for a conviction of or plea of guilty to any offense, all of the following information: (a) The inmate's name; (b) For each offense for which the inmate was sent...

Section 5120.68 | Warden's report to parole board.

...(A) When a prisoner becomes eligible for parole under section 2967.13 of the Revised Code, the warden of the institution in which the prisoner is incarcerated shall prepare a report containing all of the following information: (1) Information concerning the prisoner's participation in programs during the prisoner's time at the institution; (2) Information concerning the prisoner's compliance or noncompliance with r...

Section 5120.70 | Federal equitable sharing fund.

...in the fund all money received by the department from the federal government as equitable sharing payments under 28 U.S.C. 524. The director shall establish rules pursuant to Chapter 119. of the Revised Code for the operation of the fund. (B)(1) The department of rehabilitation and correction shall use federally forfeited property and the proceeds of federally forfeited property only for law enforcement p...

Section 5120.80 | Community programs fund.

...easury the community programs fund. The department of rehabilitation and correction shall use the moneys in the fund to do the following: (A) Fund the halfway house, reentry center, and community residential center program under section 2967.14 of the Revised Code, with priority being given to the funding of residential service contracts that reduce the number of homeless offenders by housing offenders released from...

Section 5120.99 | Penalty.

...A person who violates division (B)(2) of section 5120.211 of the Revised Code shall be fined not more than two thousand five hundred dollars on a first offense and not more than twenty thousand dollars on a subsequent offense.

Section 5123.01 | Department of developmental disabilities definitions.

...ment," which is acquired by residing in Ohio for a period of one year without receiving general assistance prior to July 17, 1995, under former Chapter 5113. of the Revised Code, without receiving financial assistance prior to December 31, 2017, under former Chapter 5115. of the Revised Code, or assistance from a private agency that maintains records of assistance given. A person having a legal settlement in the stat...

Section 5123.011 | Adoption of rules.

...The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code to do both of the following: (A) Define "developmental delay"; (B) For the purpose of division (Q)(4)(c) of section 5123.01 and division (F)(4)(c) of section 5126.01 of the Revised Code, specify how to determine whether a person six years of age or older has a substantial functional limitation in a...

Section 5123.012 | Eligibility determinations.

...ed in division (C) of this section, the department of developmental disabilities shall make eligibility determinations in accordance with the definition of "developmental disability" contained in section 5123.01 of the Revised Code. The department may adopt rules in accordance with Chapter 119. of the Revised Code establishing eligibility for programs and services for any preschool child with a disability eligible fo...

Section 5123.013 | Application of chapter.

...The provisions of this chapter regarding institutionalization apply to a person who is found incompetent to stand trial or not guilty by reason of insanity and is committed pursuant to section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code to the extent that the provisions are not in conflict with any provision of sections 2945.37 to 2945.402 of the Revised Code. If a provision of this chapte...

Section 5123.014 | Reference to department or director and other terms.

...Whenever the department or director of mental retardation and developmental disabilities is referred to or designated in any statute, rule, contract, grant, or other document, the reference or designation is deemed to refer to the department or director of developmental disabilities, as the case may be. Whenever "mental retardation" or any derivation of that term is referred to or designated in any statute, rule, c...

Section 5123.02 | Duties of department.

...The department of developmental disabilities shall do the following: (A) Promote comprehensive statewide programs and services for persons with developmental disabilities and their families wherever they reside in the state. These programs shall include public awareness, prevention, assessment, treatment, training, and care. (B) Provide administrative leadership for statewide services; (C) Develop and mainta...

Section 5123.021 | Determining need for nursing facility care.

...ection 5165.03 of the Revised Code, the department of developmental disabilities shall determine in accordance with section 1919(e)(7) of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and regulations adopted under section 1919(f)(8)(A) of that act whether, because of the individual's physical and mental condition, a mentally retarded individual seeking admission to a nursing facil...

Section 5123.022 | State policy regarding community employment for individuals with developmental disabilities.

...diction services; the opportunities for Ohioans with disabilities agency; and each other state agency that provides employment services to individuals with developmental disabilities shall implement the policy of this state and ensure that it is followed whenever employment services are provided to individuals with developmental disabilities. The department of developmental disabilities shall coordinate the action...

Section 5123.023 | Employment first task force.

...ion services; and the opportunities for Ohioans with disabilities agency. The purpose of the task force shall be to improve the coordination of the state's efforts to address the needs of individuals with developmental disabilities who seek community employment as defined in section 5123.022 of the Revised Code. (B) The department of developmental disabilities may enter into interagency agreements with any of the ...

Section 5123.025 | Technology first policy.

...d transportation; the opportunities for Ohioans with disabilities agency; and each other state agency that provides technology services to individuals with developmental disabilities shall implement the policy of this state and ensure that it is followed whenever technology services are provided to individuals with developmental disabilities. The department of developmental disabilities, in partnership with the of...

Section 5123.026 | Technology first task force.

...es from the office of innovateohio; the departments of developmental disabilities, education and workforce, medicaid, aging, job and family services, mental health and addiction services, children and youth, and transportation; and the opportunities for Ohioans with disabilities agency. (B) The task force shall do all of the following: (1) Expand innovative technology solutions within the operation and delivery...

Section 5123.03 | Management of institutions and facilities.

...(A) The department of developmental disabilities shall do all of the following: (1) Maintain, operate, manage, and govern all state institutions for the care, treatment, and training of persons with i ntellectual disabilities; (2) Designate all such institutions by appropriate names; (3) Provide and designate facilities for the custody, care, and special treatment of persons of the following classes: (a) Danger...

Section 5123.031 | Nonpartisan management.

...of all new residents and to investigate complaints made by any resident or by any person on behalf of a resident. The director shall prescribe the forms of affidavits, applications, comprehensive evaluations, orders of institutionalization and release, and all other forms that are required in the institutionalization, admission, and release of all persons with respect to institutions under the jurisdictio...

Section 5123.032 | Closure of a developmental center.

...eans any institution or facility of the department of developmental disabilities that, on or after January 30, 2004, is named, designated, or referred to as a developmental center. (B) Notwithstanding any other provision of law, any closure of a developmental center shall be subject to, and in accordance with, this section. (C) Notwithstanding any other provision of law, at least ten days prior to making any ...

Section 5123.033 | Department program fee fund.

...o the fund shall be used solely for the department of developmental disabilities' duties under sections 5123.16 to 5123.1611 and 5123.19 of the Revised Code and to provide continuing education and professional training to providers of services to individuals with developmental disabilities. If the money credited to the fund is inadequate to pay all of the department's costs in performing those duties and providing th...

Section 5123.034 | Developmental centers services and cost recovery.

...de. (B) A developmental center of the department of developmental disabilities may provide services to both of the following: (1) Individuals with developmental disabilities who reside in the community in which the developmental center is located; (2) Providers who provide services to individuals with developmental disabilities who reside in the community in which the developmental center is located. (C) The ...

Section 5123.04 | Director of department - powers and duties.

...sabilities is the executive head of the department of developmental disabilities. All duties conferred on the department and its institutions by law or by order of the director shall be performed under such rules as the director prescribes, and shall be under the director's control. The director shall establish bylaws for the government of all institutions under the jurisdiction of the department. Except as otherwise...

Section 5123.042 | Plans for development or modification of residential services; rules.

...sidential services shall submit to the department of developmental disabilities a plan for the development or modification. The department shall approve a plan that is submitted in accordance with rules adopted under this section and meets the uniform standards for plans established in those rules. The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code...

Section 5123.043 | Complaint resolution.

...es, or administrative practices of the department of developmental disabilities or any of the entities under contract with the department, may file a complaint with the department. Prior to commencing a civil action regarding the complaint, a person or county board shall attempt to have the complaint resolved through the administrative resolution process established in the rules adopted under this section. Aft...

Section 5123.044 | Determination of violation of rights; assistance to individuals.

...The department of developmental disabilities shall determine whether county boards of developmental disabilities violate the rights that individuals with developmental disabilities have under section 5126.046 of the Revised Code to obtain home and community-based services, ICF/IID services, nonmedicaid residential services, or nonmedicaid supported living from qualified and willing providers. The department shall pro...

Section 5123.045 | Certification and licensing of providers.

...No person or government entity shall receive payment for providing home and community-based services unless the person or government entity is one of the following: (A) Certified under section 5123.161 of the Revised Code; (B) Licensed as a residential facility under section 5123.19 of the Revised Code.

Section 5123.047 | Department payment of nonfederal share of certain expenditures.

...The department of developmental disabilities shall pay the nonfederal share of medicaid expenditures for medicaid case management services and home and community-based services for which no county board of developmental disabilities is required by section 5126.059 or 5126.0510 of the Revised Code to pay.

Section 5123.048 | Payment of nonfederal share of county medicaid expenditures.

...lopmental disabilities under which the department of developmental disabilities is to pay the nonfederal share of medicaid expenditures for one or more of the home and community-based services that the county board would, if not for the agreement, be required by section 5126.0510 of the Revised Code to pay. The agreement shall specify which home and community-based services the agreement covers. Th...

Section 5123.049 | Rules governing the authorization and payment of home and community-based services, medicaid case management services, and habilitation center services.

...The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code governing the authorization and payment of home and community-based services and medicaid case management services. The rules shall provide for private providers of the services to receive one hundred per cent of the medicaid allowable payment amount and for government providers of the services to re...

Section 5123.0410 | Individual receiving services moving to new county.

...eligible for county board services, the department of developmental disabilities shall ensure that the individual receives the comparable services. If the home and community-based services that the individual receives at the time the individual moves include supported living or residential services, the department shall reduce the amount the department allocates to the county board serving the county the individual ...

Section 5123.0411 | Mandamus.

...The department of developmental disabilities may bring a mandamus action against a county board of developmental disabilities that fails to pay the nonfederal share of medicaid expenditures that the county board is required by sections 5126.059 and 5126.0510 of the Revised Code to pay. The department may bring the mandamus action in the court of common pleas of the county served by the county board or in the ...

Section 5123.0412 | ODDD administration and oversight fund.

...(A) The department of developmental disabilities may charge each county board of developmental disabilities an annual fee not to exceed one and one-quarter per cent of the total value of all medicaid paid claims for home and community-based services provided during the year to an individual eligible for services from the county board. A county board shall not pass on to a provider of home and community-based services...

Section 5123.0413 | Rules to applicable in event county tax levy for services for individuals with developmental disabilities fails.

...The department of developmental disabilities, in consultation with the department of medicaid, office of budget and management, and county boards of developmental disabilities, shall adopt rules in accordance with Chapter 119. of the Revised Code to establish both of the following in the event a county property tax levy for services for individuals with developmental disabilities fails: (A) A method of paying for ho...

Section 5123.0414 | Methods of notice by department.

...(A) When the director of developmental disabilities sends a party a notice by registered or certified mail, return receipt requested, that the director intends to take action against the party authorized by section 5123.166, 5123.168, 5123.19, 5123.45, 5123.51, or 5126.25 of the Revised Code and the notice is returned to the director with an endorsement indicating that the notice was refused or unclaimed, the directo...

Section 5123.0415 | Notification of change of address.

...Each person and each government entity that applies for or holds a valid license, certification, or registration issued under section 5123.161, 5123.19, 5123.45, or 5126.25 of the Revised Code shall notify the director of developmental disabilities of any change in the person's or government entity's address.

Section 5123.0416 | Expenditure and allocation of appropriated fees.

...ability of funds appropriated to the department of developmental disabilities for medicaid waiver state match, the department shall expend, in fiscal year 2009 and each fiscal year thereafter, not less than the amount appropriated in appropriation item 322-416, medicaid waiver - state match, in fiscal year 2008 to do both of the following: (1) Pay the nonfederal share of medicaid expenditures for home a...

Section 5123.0417 | Programs for person under 22 with intensive behavioral needs.

...sult with the executive director of the Ohio center for autism and low incidence and university-based programs that specialize in services for individuals with developmental disabilities when establishing programs under this section.

Section 5123.0418 | Additional uses of funds.

...es for use of funds appropriated to the department of developmental disabilities, the director may use such funds for the following purposes: (1) All of the following to assist persons with developmental disabilities remain in the community and avoid institutionalization: (a) Behavioral and short-term interventions; (b) Residential services; (c) Supported living. (2) Respite care services; (3) Staff training to...

Section 5123.0419 | Interagency workgroup on autism.

...and goals for the next year. (3) The department shall contract with the coordinating body on the implementation of the recommendations and other department initiatives for individuals with autism and other low incidence disabilities. (C) Money received from government entities represented by the members of the workgroup shall be deposited into the state treasury to the credit of the interagency workgroup on aut...

Section 5123.0420 | Training and certification program for individuals who provide evidence-based interventions to individuals with an autism spectrum disorder.

...n to produce a positive outcome. The department of developmental disabilities shall establish a voluntary training and certification program for individuals who provide evidence-based interventions to individuals with an autism spectrum disorder. The department shall administer the program or contract with a person or other government entity to administer the program. The program shall not conflict with or du...

Section 5123.0424 | Reimbursement of travel expenses of official members of workgroups.

...(A) As used in this section: (1) "Official member" means a member of an official workgroup who was appointed by the director of developmental disabilities. (2) "Official workgroup" means a workgroup, task force, council, committee, or similar entity that has been established by the director of developmental disabilities under the director's express or implied statutory authority. (B) Subject to division (C) of ...

Section 5123.05 | Audits of services and programs.

...The department of developmental disabilities may conduct audits of the services and programs that either receive funds through the department or are subject to regulation by the department. Audits shall be conducted in accordance with procedures prescribed by the department. Records created or received by the department in connection with an audit are not public records under section 149.43 of the Revised Code ...

Section 5123.051 | Payment agreements with providers.

...(A) If the department of developmental disabilities determines pursuant to an audit conducted under section 5123.05 of the Revised Code that money is owed the state by a provider of a service or program, the department may enter into a payment agreement with the provider. The agreement shall include the following: (1) A schedule of installment payments whereby the money owed the state is to be paid in full wi...

Section 5123.06 | Divisions of department.

...ilities may establish divisions in the department of developmental disabilities and prescribe their powers and duties. Each division shall consist of a deputy director and the officers and employees, including those in institutions, necessary for the performance of the functions assigned to it. The director shall supervise the work of each division and be responsible for the determination of general p...

Section 5123.07 | Bureau of research - duties.

...There may be created in the department of developmental disabilities a bureau of research. The bureau shall: (A) Plan, direct, and coordinate all research programs conducted by the department; (B) Provide continuing evaluation of research programs; (C) Direct and coordinate scientific investigations and studies as undertaken under this section. The department shall institute and encourage scientific investi...

Section 5123.08 | Classified and unclassified appointments.

...on in the classified service within the department of developmental disabilities to a position in the unclassified service within the department. A person appointed pursuant to this section to a position in the unclassified service shall retain the right to resume the position and status held by the person in the classified service immediately prior to the person's appointment to the position in the unclassified serv...

Section 5123.081 | Criminal records check.

... as an elector, a copy of an officially filed federal or state tax form identifying the applicant's or employee's permanent residence, or any other document the responsible entity considers acceptable. (2) A responsible entity shall do all of the following: (a) Provide to each applicant and employee for whom a criminal records check is required by this section a copy of the form prescribed pursuant to division (C...

Section 5123.09 | Managing officer of institution - powers and duties.

... resignations, and discharges shall be filed with the appropriate division at the close of each month. After conference with the managing officer of each institution, the director shall determine the number of employees to be appointed to the various institutions and clinics.

Section 5123.091 | Changing purpose and use of institutions.

...y institution under the control of the department is being used. The director may designate a new or another use for the institution, provided the change of use and new designation has for its objective improvement in the classification, segregation, care, education, cure, or rehabilitation of the persons admitted.

Section 5123.092 | Citizen's advisory council.

...ch institution under the control of the department of developmental disabilities a citizen's advisory council. Each council shall consist of seven members, including parents or other relatives of residents of institutions under the control of the department, community leaders, professional persons in relevant fields, and persons who have an interest in or knowledge of developmental disabilities. The managing officer ...

Section 5123.093 | Duties of citizen's advisory council.

...The citizen's advisory councils established under section 5123.092 of the Revised Code shall do all of the following: (A) Transmit to the director of developmental disabilities verbal or written information, received from any person or organization associated with the institution or within the community, that an advisory council considers important; (B) Review the records of all applicants to any unclassified posi...

Section 5123.10 | Bond of employees.

...en approved by the department, shall be filed in the office of the secretary of state. The cost of such bonds, when approved by the department, shall be paid from funds available for the department. The bonds required or authorized by this section may, in the discretion of the director of developmental disabilities, be individual, schedule, or blanket bonds.

Section 5123.11 | Residency medical and psychological training programs.

...chological training programs. (B) The department shall pay all costs incurred by a university or college that relate directly to the training of resident physicians or psychologists in programs developed under this section. The director of developmental disabilities shall ensure that any procedures and limitations imposed for the purpose of reimbursing universities or colleges, or for direct payment of res...

Section 5123.12 | Residency training programs for students enrolled in appropriate care programs.

...ed by the director to be needed by the department to provide adequate care and treatment for the residents of any institution administered by the director.

Section 5123.122 | Support rate.

...ant to a contract entered into with the department of developmental disabilities under section 5123.18 of the Revised Code shall be charged for the minor's support the percentage of a base support rate determined in accordance with division (B)(2) of section 5121.04 of the Revised Code.

Section 5123.13 | Special police officers.

...felony. If the special police officer files an appeal from that conviction and the conviction is upheld by the highest court to which the appeal is taken or if the special police officer does not file a timely appeal, the managing officer shall terminate the employment of that special police officer. If the special police officer files an appeal that results in that special police officer's acquittal of...

Section 5123.14 | Investigations.

... with all documents introduced, kept on file at the office of the department. Witnesses shall be paid the fees and mileage provided for under section 119.094 of the Revised Code, but no officer or employee of the institution under investigation is entitled to such fees. Any judge of the probate court or of the court of common pleas, upon application of the department, may compel the attendance of witne...

Section 5123.15 | Appointing special agents and persons.

...The department of developmental disabilities may appoint and commission any competent agency or person, to serve without compensation, as a special agent, investigator, or representative to perform a designated duty for and in behalf of the department. Specific credentials shall be given by the department to each person so designated, and each credential shall state the: (A) Name; (B) Agency with which suc...

Section 5123.16 | Valid supported living certificate required.

...son or government entity is required to file an Internal Revenue Code form W-2 for the provider; (ii) An officer of the provider, including the chief executive officer, president, vice-president, secretary, and treasurer; (iii) A member of the provider's board of directors or trustees; (iv) A person owning a financial interest of five per cent or more in the provider, including a direct, indirect, security, or mor...

Section 5123.161 | Application for supported living certificate.

...A person or government entity that seeks to provide supported living shall apply to the director of developmental disabilities for a supported living certificate. Except as provided in sections 5123.166 and 5123.169 of the Revised Code, the director shall issue to the person or government entity a supported living certificate if the person or government entity follows the application process established in rules ad...

Section 5123.162 | Applicant survey to determine if standards met.

...the internet web site maintained by the department of developmental disabilities. If the plan of correction is not approved and the director initiates a proceeding to revoke the provider's certification, a copy of the survey report shall be provided to any person or government entity that requests it and shall be made available on the internet web site maintained by the department. (E) In addition to survey reports ...

Section 5123.163 | Term of supported living certificate.

...A supported living certificate is valid for a period of time established in rules adopted under section 5123.1611 of the Revised Code, unless any of the following occur before the end of that period of time: (A) The director of developmental disabilities issues an order requiring that action be taken against the certificate holder under section 5123.166 of the Revised Code. (B) The director issues an order terminat...

Section 5123.164 | Renewal of supported living certificate.

...Except as provided in sections 5123.166 and 5123.169 of the Revised Code, the director of developmental disabilities shall renew a supported living certificate if the certificate holder follows the renewal process established in rules adopted under section 5123.1611 of the Revised Code, continues to meet the applicable certification standards established in those rules, and pays the renewal fee established in those r...

Section 5123.165 | Provision of supported living and residence.

...(A) Except as provided in division (B) of this section, no person or government entity may provide supported living to an individual with a developmental disability if the person or government entity also provides the individual a residence. (B) A person may provide supported living to an individual with a developmental disability even though the person also provides the individual a residence if either of the follo...

Section 5123.166 | Adjudication order against certificate applicant or holder.

...board of developmental disabilities has filed a complaint with a probate court under section 5126.33 of the Revised Code that includes facts describing the nature of abuse or neglect that the individual has suffered due to the provider's actions that are the basis for the director making the determination under division (D)(1)(b) of this section and the probate court does not issue an order authorizing the county boa...

Section 5123.167 | Reapplication after negative adjudication on certificate.

...If the director of developmental disabilities issues an adjudication order under section 5123.166 of the Revised Code refusing to issue a supported living certificate to a person or government entity, refusing to renew a person or government entity's supported living certificate, or revoking the person or government entity's supported living certificate, neither the person or government entity nor a related party of ...

Section 5123.168 | Termination of certificate for failure to bill for services.

...The director of developmental disabilities may issue an adjudication order in accordance with Chapter 119. of the Revised Code to terminate a supported living certificate if the certificate holder has not billed for supported living for twelve consecutive months.

Section 5123.169 | Issuance of supported living certificate.

... as an elector, a copy of an officially filed federal or state tax form identifying the applicant's permanent residence, or any other document the director considers acceptable. (2) Each applicant shall do all of the following: (a) Obtain a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a standard impression sheet prescribed pursuant to division (C)(2) of sectio...

Section 5123.1610 | Termination or refusal of provider agreement for supported living.

...(A) All of the following apply if the department of medicaid, pursuant to section 5164.38 of the Revised Code, refuses to enter into, terminates, or refuses to revalidate a provider agreement that authorizes a person or government entity to provide supported living under the medicaid program: (1) In the case of a refusal to enter into a provider agreement, the person or government entity's application to provide med...

Section 5123.1611 | Rules governing supported living program.

...The director of developmental disabilities shall adopt rules under Chapter 119. of the Revised Code establishing all of the following: (A) The extent to which a county board of developmental disabilities may provide supported living; (B) The application process for obtaining a supported living certificate under section 5123.161 of the Revised Code; (C) The certification standards a person or government entity m...

Section 5123.1612 | Summary order suspending supported living certificate holder's authority to provide supported living.

...(A) The director of developmental disabilities may issue a summary order suspending a supported living certificate holder's authority to provide supported living to one or more identified individuals if the director determines that both of the following are the case: (1) The certificate holder's noncompliance with one or more requirements of this chapter or the rules adopted under it causes or presents an immediate...

Section 5123.1613

...(A) A person who has been granted guardianship of an individual with a developmental disability shall not provide supported living to that individual either as an independent provider or as an employee or contractor of a supported living certificate holder unless there is a relationship by blood, adoption, or marriage between the guardian and the individual. (B) A supported living certificate holder owned or operat...

Section 5123.17 | Care outside institution.

...The department of developmental disabilities may provide for the custody, supervision, control, treatment, and training of persons with developmental disabilities elsewhere than within the enclosure of an institution under its jurisdiction, if the department so determines with respect to any individual or group of individuals. In all such cases, the department shall ensure adequate and proper supervision for the prot...

Section 5123.171 | Respite care services.

... or emergency needs of the family. The department of developmental disabilities shall provide respite care services to persons with developmental disabilities for the purpose of promoting self-sufficiency and normalization, preventing or reducing inappropriate institutional care, and furthering the unity of the family by enabling the family to meet the special needs of a person with a developmental disability. In ...

Section 5123.18 | Contracts with person or agency to provide services.

...The department of developmental disabilities may enter into a contract with a person or government agency to provide residential services to individuals with developmental disabilities in need of residential services. To be eligible to enter into a contract with the department under this section, a person or government entity and the home in which the residential services are provided must meet all applicable standar...

Section 5123.19 | Operation of residential facilities.

...ties and any interested person may file complaints alleging violations of statute or department rule relating to residential facilities with the department. All complaints shall state the facts constituting the basis of the allegation. The department shall not reveal the source of any complaint unless the complainant agrees in writing to waive the right to confidentiality or until so ordered by a court of competent j...

Section 5123.191 | Appointing receiver to operate residential facility.

...ns. (B) A court in which a petition is filed pursuant to this section shall notify the person holding the license for the facility and the department of developmental disabilities of the filing. The court shall order the department to notify the facility owner, facility operator, county board of developmental disabilities, facility residents, and residents' parents and guardians of the filing of the petition. ...

Section 5123.192 | Licensing for ICF/IID after 7/1/2013.

...(A) A person or government agency operating, on September 10, 2012, an ICF/IID pursuant to a nursing home license issued under Chapter 3721. of the Revised Code shall do both of the following as a condition of continuing to operate the ICF/IID on and after July 1, 2013: (1) Not later than February 1, 2013, apply to the director of developmental disabilities for a residential facility license under section 512...

Section 5123.193 | Searchable database of vacancies in licensed residential facilities.

...the internet web site maintained by the department of developmental disabilities a searchable database of vacancies in licensed residential facilities. Each person or government entity operating a licensed residential facility shall provide current and accurate vacancy information to the department in accordance with procedures that the director shall establish.

Section 5123.194 | Waiving support collection requirements to facilitate independent living.

... the individual's liable relative, the department of developmental disabilities may waive the support collection requirements of sections 5121.04 and 5123.122 of the Revised Code for the purpose of allowing income or resources to be used to acquire items necessary for independent living. The department shall adopt rules in accordance with section 111.15 of the Revised Code to implement this section, including r...

Section 5123.196 | Maximum number of beds.

...(A) Except as provided in division (E) of this section, the director of developmental disabilities shall not issue a license under section 5123.19 of the Revised Code on or after July 1, 2003, if issuance will result in there being more beds in all residential facilities licensed under that section than is permitted under division (B) of this section. (B) The maximum number of beds for the purpose of division (A) of...

Section 5123.197 | Initial residential facility license or modification of existing facility license not required in certain instances.

...Neither an applicant for an initial residential facility license under section 5123.19 of the Revised Code nor an applicant for a modification of an existing residential facility license under that section is required to obtain approval of a plan for the proposed new residential facility or modification to the existing residential facility pursuant to section 5123.042 of the Revised Code if all of the followin...

Section 5123.198 | Reduction in number of residents.

....71 to 5123.76 of the Revised Code, the department of developmental disabilities, pursuant to an adjudication order issued in accordance with Chapter 119. of the Revised Code, shall reduce by one the number of residents for which the residential facility in which the resident resided is licensed. (C) The department shall not reduce under division (B) of this section the number of residents for which a residential fa...

Section 5123.20 | Prohibiting operation without license.

...No person or government agency shall operate a residential facility or receive an individual with a developmental disability as a resident of a residential facility unless the facility is licensed under section 5123.19 of the Revised Code, and no person or governmental agency shall operate a respite care home or receive an individual with a developmental disability in a respite care home unless the home is certified ...

Section 5123.21 | Transfers.

...aging officer of the institution shall file a motion with the court requesting the court to amend its order of placement issued under section 5123.76 of the Revised Code. At the resident's request, the court shall hold a hearing on the motion at which the resident has the same rights as at a full hearing under section 5123.76 of the Revised Code. Whenever a resident is transferred, the director shall give writ...

Section 5123.22 | Appropriating property.

...tution under the jurisdiction of the department of developmental disabilities to acquire any real estate, right-of-way, or easement in real estate in order to accomplish the purposes for which it was organized or is being conducted, and the department is unable to agree with the owner of such property upon the price to be paid therefor, such property may be appropriated in the manner provided for the appropr...

Section 5123.221 | Cultivating land - purchases from other institutions.

...e, the department of health, and the Ohio state university shall cooperate with the department of developmental disabilities, and the managing officer of each institution mentioned in section 5123.03 of the Revised Code, in making such cooperative tests as are necessary to determine the quality, strength, and purity of supplies, the value and use of farm lands, or the conditions and needs of mechanical equipm...

Section 5123.24 | Businesses located near institutions.

...stitution under the jurisdiction of the department of developmental disabilities is located, in which petition the desire to erect or carry on at a less distance than that prescribed in section 3767.19 of the Revised Code shall be set forth, the business prohibited, the precise point of its establishment, and the reasons and circumstances, in its opinion, why the erection or carrying on thereof would not anno...

Section 5123.25 | Purchasing supplies.

...The department of administrative services shall purchase all supplies needed for the proper support and maintenance of the institutions under the control of the department of developmental disabilities in accordance with the competitive selection procedures of Chapter 125. of the Revised Code and such rules as the department of administrative services adopts. All bids shall be publicly opened on the day and ...

Section 5123.26 | Funds.

...all funds under the jurisdiction of the department of developmental disabilities and shall pay out the same only in accordance with Chapter 5123. of the Revised Code. The department shall cause to be furnished a contract of indemnity to cover all moneys and funds received by it or by its managing officers, employees, or agents while such moneys or funds are in the possession of such managing officers, emp...

Section 5123.27 | Holding property in trust.

...anagement may require the department to file a report with the director on any particular portion, or the whole, of any trust property received or expended by it. The department shall, upon the expiration of any trust according to its terms, dispose of the money or property held under the trust in the manner provided in the instrument creating the trust. If the instrument creating the trust failed to make any terms ...