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Ohio Revised Code Search

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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 included in supported living shall provide administrative oversight by doing all of the following: (A) Having available supervisory personnel to monitor and ensure implementation of all interventions in accordance with ...

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 eligible for service and support administration if the individual requests, or a person on the individual's behalf requests, service and support administration. A board shall provide service and support administration to each individual receiving home and community-ba...

Section 5126.18 | County eligibility to receive tax equity payments.

...nty's most recent tax list of real and public utility property. The director may request any other tax information necessary for the purposes of this section. (C) Beginning in 2011, on or before the thirty-first day of May of that year and of every second year thereafter, the director of developmental disabilities shall determine whether a county is eligible to receive tax equity payments for the ensuing two f...

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 board of developmental disabilities in a position which may require registration under section 5126.25 of the Revised Code but for which a bachelor's degree from an accredited college or university is not required, and includes employees in the positions listed in division (C...

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 administrator only if either of the following is true: (1) The person has at least an appropriate associate degree; (2) The person meets both of the following requirements: (a) The person was employed by the county board and performed service and support administration dut...

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 of a county board of developmental disabilities shall hold a limited contract for a period of not less than one year and not more than five years, except that a management employee hired after the beginning of a program year may be employed under a...

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 personnel adult services director workshop director habilitation manager director of residential services principal (director of children services) program or service supervisor plant manager production manager servic...

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 board of developmental disabilities or a regional council established under section 5126.13 of the Revised Code, for the services of an investigative agent. Neither a county board nor a person or government entity with ...

Section 5126.222 | Service and support administrator and supervisor training.

...(A) A superintendent of a county board of developmental disabilities shall ensure that a service and support administrator, a conditional status service and support administrator, and a service and support administration supervisor successfully completes a web-based training program established by the department of developmental disabilities not later than thirty days after being hired. The training shall include all...

Section 5126.23 | Discipline of management employee or superintendent.

...all provide for a complete stenographic record of the proceedings, and a copy of the record shall be furnished to the employee. Both parties may be present at the hearing, be represented by counsel, require witnesses to be under oath, cross-examine witnesses, take a record of the proceedings, and require the presence of witnesses in their behalf upon subpoena to be issued by the county board. If any person fails t...

Section 5126.24 | Salary schedules for teaching and nonteaching employees.

...y each board with the superintendent of public instruction and the department. If such salary schedule and classification plan is not filed, the director of education and workforce shall order the board to file such schedule and list forthwith. If this condition is not corrected within ten days after receipt of the order from the director, no money shall be distributed to the board under Chapter 3317. of the Revised ...

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 registration of persons, other than the persons described in division (I) of this section, who are seeking employment with or are employed by either of the following: (1) A county board of developmental disabilities; (2) An entity that contra...

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 board of developmental disabilities shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a person's certification or registration under section 5126.25 of the Re...

Section 5126.253 | Information concerning improper conduct by licensed employee.

...romptly submit to the superintendent of public instruction the information prescribed in division (D) of this section when any of the following conditions applies to an employee of the board who holds a license issued by the state board of education: (1) The superintendent or president knows that the employee has pleaded guilty to, has been found guilty by a jury or court of, has been convicted of, has been found t...

Section 5126.254 | Report of improper conduct investigation kept in personnel file.

...port to the superintendent of public instruction under section 5126.253 of the Revised Code be kept in the employee's personnel file. If, after an investigation under division (A) of section 3319.311 of the Revised Code, the superintendent of public instruction determines that the results of that investigation do not warrant initiating action under section 3319...

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 prevail over any conflicting provisions of a collective bargaining agreement or contract for employment entered into after the effective date of this section.

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 a developmental disability. (B) "Caretaker" means a person who is responsible for the care of an adult by order of a court, including an order of guardianship, or who assumes the responsibility for the care of an adult as a volunteer, as a family member, by contract, or by the acceptance of pay...

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.

...(A) A probate court, through a probate judge or magistrate, may issue by telephone an ex parte emergency 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...

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 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.

...e deemed received as of the date of the publication. If the notice concerns taking action under section 5123.166, 5123.168, 5123.19, 5123.45, or 5126.25 of the Revised Code and the resent notice is returned to the director for failure of delivery not later than thirty days after the date the director sent the original notice, the director shall resend the notice to the party a second time. The notice shall be deeme...

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.

...(A) Subject to the availability 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 ex...

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

...ith intensive behavioral needs to their public school district; (5) Contribute to the field of early and effective identification and intervention programs for children with intensive behavioral needs by providing financial support for scholarly research and publication of clinical findings. (B) The director of developmental disabilities shall collaborate with the medicaid director and consult with the executive di...

Section 5123.0418 | Additional uses of funds.

...(A) In addition to other authority granted the director of developmental disabilities 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 ...

Section 5123.0419 | Interagency workgroup on autism.

... meetings per year that are open to the public for the purposes of reporting its work and hearing public feedback.

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

...As used in this section, "evidence-based intervention" means a prevention or treatment service that has been demonstrated through scientific evaluation 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 ...

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.

...nt in connection with an audit are not public records under section 149.43 of the Revised Code until a report of the audit is released by the department.

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.

...The director of developmental disabilities 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 fo...

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.

...dination, discourteous treatment of the public, neglect of duty, violation of this chapter or Chapter 124. of the Revised Code, the rules of the director of developmental disabilities or the director of administrative services, any other failure of good behavior, any other acts of misfeasance, malfeasance, or nonfeasance in office, or conviction of a felony while employed in the civil service. An employee also forfei...

Section 5123.081 | Criminal records check.

...ained pursuant to this section is not a public record for purposes of section 149.43 of the Revised Code and shall not be made available to any person, other than the following: (a) The applicant or employee who is the subject of the report or the applicant's or employee's representative; (b) The responsible entity that requested the report or its representative; (c) The department if a county board, provide...

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

...Subject to the rules of the department of developmental disabilities, each institution under the jurisdiction of the department shall be under the control of a managing officer to be known as a superintendent or by other appropriate title. The managing officer shall be appointed by the director of developmental disabilities and shall be in the unclassified service and serve at the pleasure of the director. Eac...

Section 5123.091 | Changing purpose and use of institutions.

...The director of developmental disabilities may, by rule and with the approval of the governor, change the purpose for which any 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 rehabili...

Section 5123.092 | Citizen's advisory council.

... patient treatment and living areas and records of the institution, except those records of a strictly personal or confidential nature. The councils shall have access to a patient's personal records with the consent of the patient or the patient's legal guardian or, if the patient is a minor, with the consent of the parent or legal guardian of the patient. (G) As used in this section, "branch institution" means a f...

Section 5123.093 | Duties of citizen's advisory council.

...il considers important; (B) Review the records of all applicants to any unclassified position at the institution, except for resident physician positions filled under section 5123.11 of the Revised Code; (C) Review and evaluate institutional employee training and continuing education programs; (D) On or before the thirty-first day of January of each year, submit a written report to the director of developmental di...

Section 5123.10 | Bond of employees.

...The department of developmental disabilities shall require any of its employees and each officer and employee of every institution under its control who may be charged with custody or control of any money or property belonging to the state or who is required to give bond to give a surety company bond, properly conditioned, in a sum to be fixed by the department which, when approved by the department, shall be f...

Section 5123.11 | Residency medical and psychological training programs.

...(A) The director of developmental disabilities may enter into an agreement with the boards of trustees or boards of directors of two or more universities in which there is a college of medicine or college of osteopathic medicine, or of two or more colleges of medicine or colleges of osteopathic medicine, or any combination of those universities and colleges, to establish, manage, and conduct residency medical t...

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

...The director of developmental disabilities may enter into an agreement with boards of trustees or boards of directors of one or more universities, colleges, or schools to establish, manage, and conduct residency training programs for students enrolled in courses of studies for occupations or professions which may be determined by the director to be needed by the department to provide adequate care and treatmen...

Section 5123.122 | Support rate.

...Notwithstanding section 5121.04 of the Revised Code and except as provided in section 5123.194 of the Revised Code, the liable relative of a person with a developmental disability who is a minor receiving residential services pursuant 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 ...