2006 Ohio Revised Code - [5126.04.1] 5126.041.Determinations of eligibility; referrals to other entities.

[§ 5126.04.1] § 5126.041. Determinations of eligibility; referrals to other entities.
 

(A)  As used in this section: 

(1) "Biological risk" and "environmental risk" have the meanings established pursuant to section 5123.011 [5123.01.1] of the Revised Code. 

(2) "Handicapped preschool child" has the same meaning as in section 3323.01 of the Revised Code. 

(3) "State institution" means all or part of an institution under the control of the department of mental retardation and developmental disabilities pursuant to section 5123.03 of the Revised Code and maintained for the care, treatment, and training of the mentally retarded. 

(B)  Except as provided in division (C) of this section, each county board of mental retardation and developmental disabilities shall make eligibility determinations in accordance with the definition of "developmental disability" in section 5126.01 of the Revised Code. Pursuant to rules the department of mental retardation and developmental disabilities shall adopt in accordance with Chapter 119. of the Revised Code, a county board may establish eligibility for programs and services for either of the following: 

(1) Individuals under age six who have a biological risk or environmental risk of a developmental delay; 

(2) Any handicapped preschool child eligible for services under section 3323.02 of the Revised Code whose handicap is not attributable solely to mental illness as defined in section 5122.01 of the Revised Code. 

(C) (1)  A county board shall make determinations of eligibility for service and support administration in accordance with rules adopted under section 5126.08 of the Revised Code. 

(2) All persons who were eligible for services and enrolled in programs offered by a county board of mental retardation and developmental disabilities pursuant to this chapter on July 1, 1991, shall continue to be eligible for those services and to be enrolled in those programs as long as they are in need of services. 

(3) A person who resided in a state institution on or before October 29, 1993, is eligible for programs and services offered by a county board of mental retardation and developmental disabilities, unless the person is determined by the county board not to be in need of those programs and services. 

(D)  A county board shall refer a person who requests but is not eligible for programs and services offered by the board to other entities of state and local government or appropriate private entities that provide services. 

(E)  Membership of a person on, or employment of a person by, a county board of mental retardation and developmental disabilities does not affect the eligibility of any member of that person's family for services provided by the board or by any entity under contract with the board. 
 

HISTORY: RC § 5126.01.1, 143 v H 569 (Eff 7-1-91); 144 v S 156 (Eff 1-10-92); 145 v S 21 (Eff 10-29-93); 145 v H 694 (Eff 11-11-94); RC § 5126.04.1, 146 v H 629 (Eff 3-13-97); 149 v H 94. Eff 6-6-2001.
 

Not analogous to former RC § 5126.04.1, amended and renumbered RC § 5126.06 in 146 v H 629, eff 3-13-97.

The effective date is set by section 206 of HB 94.