Ohio § 5126.041 Eligibility determinations

Ohio Statutes

§ 5126.041 — Eligibility determinations

Ohio § 5126.041

Title 51Public Welfare

Ch. 5126County Boards of Developmental Disabilities

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Bluebook

Ohio Rev. Code Ann. § 5126.041 (2026).

Text

(A)As used in this section:

(1)"Preschool child with a disability" has the same meaning as in section3323.01of the Revised Code.

(2)"State institution" means all or part of an institution under the control of the department of developmental disabilities pursuant to section5123.03of the Revised Code and maintained for the care, treatment, and training of individuals with i ntellectual disabilities.

(B)Except as provided in division (C) of this section, each county board of developmental disabilities shall make eligibility determinations in accordance with the definition of "developmental disability" contained in section5126.01of the Revised Code. Pursuant to rules adopted under section5123.012of the Revised Code, a county board may establish eligibility for programs and services for

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(A) As used in this section:

(1) "Preschool child with a disability" has the same meaning as in section3323.01of the Revised Code.

(2) "State institution" means all or part of an institution under the control of the department of developmental disabilities pursuant to section5123.03of the Revised Code and maintained for the care, treatment, and training of individuals with i ntellectual disabilities.

(B) Except as provided in division (C) of this section, each county board of developmental disabilities shall make eligibility determinations in accordance with the definition of "developmental disability" contained in section5126.01of the Revised Code. Pursuant to rules adopted under section5123.012of the Revised Code, a county board may establish eligibility for programs and services for any preschool child with a disability eligible for services under section3323.02of the Revised Code whose disability is not attributable solely to mental illness, as defined in section5122.01of the Revised Code.

(C)(1) A county board shall make determinations of eligibility for service and support administration in accordance with rules adopted under section5126.08of the Revised Code.

(2) All persons who were eligible for services and enrolled in programs offered by a county board of 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 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 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.