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OHIO PUBLIC RECORDS ACT
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Section 5126.30 | Protective services for adults with developmental disability definitions.

... volunteer, as a family member, by contract, or by the acceptance of payment for care. (C) "Abuse" has the same meaning as in section 5123.50 of the Revised Code, except that it includes a misappropriation, as defined in that section. (D) "Neglect" has the same meaning as in section 5123.50 of the Revised Code. (E) "Exploitation" means the unlawful or improper act of a caretaker using an adult or an adult's resour...

Section 5126.31 | Reviewing reports of abuse and neglect.

...pared under this section are not public records as defined in section 149.43 of the Revised Code.

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, one of the following government entities, at the request of the county board or the department of developmental disabilities, shall review the report instead of the county board if circumstances specified in rules adopted under ...

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 made in accordance with rules adopted under section 5123.612 of the Revised Code, a county board of developmental disabilities shall conduct an investigation if circumstances specified in rules adopted under division (B) of this section exist. If the circumstances speci...

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 Revised Code, any person denies or obstructs the board's access to the residence of the adult who is the subject of the review or investigation, the board may file a petition with the probate court of the county in which the residence is located for a temporary restraini...

Section 5126.33 | Complaint process.

...all not order an adult to a hospital or public hospital, as defined in section 5122.01 of the Revised Code, or a state institution, as defined in section 5123.01 of the Revised Code. (F) The court shall not authorize a change in an adult's placement ordered under division (E) of this section unless it finds compelling reasons to justify a change. The parties to whom notice was given in division (B) of this section s...

Section 5126.331 | Ex parte emergency order.

...ergency order authorizing any of the actions described in division (B) of this section if all of the following are the case: (1) The court receives notice from the county board of developmental disabilities, or an authorized employee of the board, that the board or employee believes an emergency order is needed as described in this section. (2) The adult who is the subject of the notice is eligibl...

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 hours after the issuance to determine whether there is probable cause for the order, except that if the day following the day on which the order is issued is a weekend-day or legal holiday, the court shall hold the hearing on the next business day. (B) At the hearing, the court: (1) ...

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 a developmental disability of immediate physical harm or death and that the responsible county board of developmental disabilities has failed to seek an order pursuant to section 5126.33 or 5126.331 of the Revised Code may notify the department of developmental disabilities. Within twenty-four hours of receipt of such notice, the d...

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 5126.34 of the Revised Code. The department of developmental disabilities shall adopt rules establishing minimum standards for the training provided by county boards pursuant to this section. ...

Section 5126.36 | Authorization administer medications and perform health-related activities and tube feedings.

...s used in this section, "health-related activities" and "prescribed medication" have the same meanings as in section 5123.41 of the Revised Code. (B) In accordance with sections 5123.42 and 5123.651 of the Revised Code, an employee of a county board of developmental disabilities or an entity under contract with the board who is not specifically authorized by other provisions of the Revised Code to administer medicat...

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 of the Revised Code, "provider" means a person or government entity certified by the director of developmental disabilities to provide supported living for individuals with developmental disabilities. (C) On and after July 1, 1995, each county board of developmental disabi...

Section 5126.41 | Individual service plans.

...es from the provider the services contracted for under section 5126.45 of the Revised Code. An individual service plan for supported living shall be effective for a period of time agreed to by the county board and the individual. In determinating that period, the county board and the individual shall consider the nature of the services to be provided and the manner in which they are customarily provided.

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) The board and an entity with which it has a shared funding agreement.

Section 5126.43 | Supported living arrangements.

... agreements with state agencies, local public agencies, or political subdivisions at rates negotiated by the board; (3) By providing direct payment or vouchers to be used to purchase supported living, pursuant to a written contract in an amount determined by the board, to the individual or a person providing the individual with protective services as defined in section 5123.55 of the Revised Code. (B) The boa...

Section 5126.45 | Contract with provider of supported living.

...cedures for the retention of applicable records; (8) Provisions for contract termination by any party involved that include requirements for an appropriate notice of intent to terminate the contract; (9) Methods to be used to document services provided; (10) Procedures for submitting reports required by the county board as a condition of receiving payment under the contract; (11) The method and schedule the bo...

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 fund to furnish residential services. (B) Except with respect to a child required to be provided services pursuant to section 121.38 of the Revised Code, no court or other entity of state or local government shall order or otherwise require a county b...

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 agreement with one or more other county boards of developmental disabilities, a residential services consortium to jointly provide residential services and supported living. The agreement shall designate one board to assume the fis...

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 under sections 5126.51 to 5126.62 of the Revised Code if the county board of developmental disabilities finds all of the following: (A) There is a shortage of residential facilities in the county for individuals with developmental disabilities. ...

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 program, the county board of developmental disabilities shall adopt a resolution that does all of the following: (A) Establishes standards for its review of applications and its approval or disapproval of proposed residential fa...

Section 5126.51 | Residential facility linked deposit program definitions.

...it corporation that has as its primary activity the development or operation of a residential facility. (D) "Investing authority" has the same meaning as in section 135.31 of the Revised Code. (E) "Residential facility" has the same meaning as in section 5123.19 of the Revised Code. (F) "Residential facility linked deposit program" means the linked deposit program provided for in sections 5126.51 to 5126.62 ...

Section 5126.52 | Shortage of suitable residential facilities.

...The general assembly finds that individuals with developmental disabilities residing in the state face a shortage of suitable residential facilities; that loans to finance the development of suitable residential facilities are subject to high interest rates; that eligible organizations, otherwise willing and able to develop suitable residential facilities, are unable to do so because of the high interest rates; and, ...

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 135.801 and 135.802 of the Revised Code implementing the program in the county.

Section 5126.54 | Application for loan to develop facility.

...ee of the organization who may be contacted with regard to the application; (C) A description of the residential facility and a timetable showing the time at which each phase of its development is expected to be completed; (D) The amount of the loan to be applied for; (E) Any other information the board considers necessary to successfully review the application. Whoever knowingly makes a false state...

Section 5126.55 | Resolution approving or disapproving development of proposed residential facility.

...ion shall include specific findings of fact justifying the approval or disapproval. The county board shall transmit a certified copy of the resolution to the applicant and to the board of county commissioners.