Ohio Code 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 boards of developmental disabilities in administering, providing, arranging, and operating programs and services and in addition to the board accreditation system established under section 5126.081 of the Revised Code, the director of developmental disabilities shall adopt rules in accordance with Chapter 119 of the Revised Code establishing standards for promoting and advancing the quality of life of individuals with developmental disabilities receiving any of the following:
Terms Used In Ohio Code 5126.082
- Adult services: includes all of the following:
(a) Adult day habilitation services;
(b) Employment services;
(c) Educational experiences and training obtained through entities and activities that are not expressly intended for individuals with developmental disabilities, including trade schools, vocational or technical schools, adult education, job exploration and sampling, unpaid work experience in the community, volunteer activities, and spectator sports. See Ohio Code 5126.01
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Contract: A legal written agreement that becomes binding when signed.
- Early childhood services: means a planned program of habilitation designed to meet the needs of individuals with developmental disabilities who have not attained compulsory school age. See Ohio Code 5126.01
- Employment services: means prevocational services or supported employment services. See Ohio Code 5126.01
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Family support services: means the services provided under a family support services program operated under section 5126. See Ohio Code 5126.01
- Residential services: includes program management, as described in section 5126. See Ohio Code 5126.01
- Resources: means available capital and other assets, including moneys received from the federal, state, and local governments, private grants, and donations; appropriately qualified personnel; and appropriate capital facilities and equipment. See Ohio Code 5126.01
- Supported living: includes the provision of all of the following:
(a) Housing, food, clothing, habilitation, staff support, professional services, and any related support services necessary to ensure the health, safety, and welfare of the individual receiving the services;
(b) A combination of lifelong or extended-duration supervision, training, and other services essential to daily living, including assessment and evaluation and assistance with the cost of training materials, transportation, fees, and supplies;
(c) Personal care services and homemaker services;
(d) Household maintenance that does not include modifications to the physical structure of the residence;
(e) Respite care services;
(f) Program management, as described in section 5126. See Ohio Code 5126.01
(1) Early childhood services pursuant to section 5126.05 of the Revised Code for children under age three;
(2) Adult services pursuant to section 5126.05 and division (B) of section 5126.051 of the Revised Code for individuals age sixteen or older;
(3) Family support services pursuant to section 5126.11 of the Revised Code.
(B) The rules adopted under this section shall specify the actions county boards of developmental disabilities and the agencies with which they contract should take to do the following:
(1) Offer individuals with developmental disabilities, and their families when appropriate, choices in programs and services that are centered on the needs and desires of those individuals;
(2) Maintain infants with their families whenever possible by collaborating with other agencies that provide services to infants and their families and taking other appropriate actions;
(3) Provide families that have children with developmental disabilities under age eighteen residing in their homes the resources necessary to allow the children to remain in their homes;
(4) Create and implement community employment services based on the needs and desires of adults with developmental disabilities;
(5) Create, in collaboration with other agencies, transportation systems that provide safe and accessible transportation within the county to individuals with disabilities;
(6) Provide services that allow individuals with disabilities to be integrated into the community by engaging in educational, vocational, and recreational activities with individuals who do not have disabilities;
(7) Provide age-appropriate retirement services for individuals age sixty-five and older with developmental disabilities;
(8) Establish residential services and supported living for individuals with developmental disabilities in accordance with their needs.
(C) To assist in funding programs and services that meet the standards established under this section, each county board of developmental disabilities shall make a good faith effort to acquire available federal funds, including reimbursements under Title XIX of the “Social Security Act,” 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended.
(D) Each county board of developmental disabilities shall work toward full compliance with the standards established under this section, based on its available resources. Funds received under this chapter shall be used to comply with the standards. Annually, each board shall conduct a self audit to evaluate the board’s progress in complying fully with the standards.
(E) The department shall complete a program quality review of each county board of developmental disabilities to determine the extent to which the board has complied with the standards. The review shall be conducted in conjunction with the comprehensive accreditation review of the board that is conducted under section 5126.081 of the Revised Code.
Notwithstanding any provision of this chapter or Chapter 5123 of the Revised Code requiring the department to distribute funds to county boards of developmental disabilities, the department may withhold funds from a board if it finds that the board is not in substantial compliance with the standards established under this section.
(F) When the standards for accreditation from the commission on accreditation of rehabilitation facilities, or another accrediting agency, meet or exceed the standards established under this section, the director may accept accreditation from the commission or other agency as evidence that the board is in compliance with all or part of the standards established under this section. Programs and services accredited by the commission or agency are exempt from the program quality reviews required by division (E) of this section.