Ohio Code 5123.012 – Eligibility determinations
(A) As used in this section, “preschool child with a disability” has the same meaning as in section 3323.01 of the Revised Code.
Terms Used In Ohio Code 5123.012
- Child: includes child by adoption. See Ohio Code 1.59
- Court: means the probate division of the court of common pleas. See Ohio Code 5123.01
- Intellectual disability: means a disability characterized by having significantly subaverage general intellectual functioning existing concurrently with deficiencies in adaptive behavior, manifested during the developmental period. See Ohio Code 5123.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
(B) Except as provided in division (C) of this section, the department of developmental disabilities shall make eligibility determinations in accordance with the definition of “developmental disability” contained in section 5123.01 of the Revised Code. The department may adopt rules in accordance with Chapter 119 of the Revised Code establishing eligibility for programs and services for any preschool child with a disability eligible for services under section 3323.02 of the Revised Code whose disability is not attributable solely to mental illness, as defined in section 5122.01 of the Revised Code.
(C)(1) The department shall make determinations of eligibility for protective services in accordance with sections 5123.55 to 5123.59 of the Revised Code.
(2) Determinations of whether a person with an intellectual disability is subject to institutionalization by court order shall be made in accordance with sections 5123.71 to 5123.76 of the Revised Code and shall be based on the definition of “person with an intellectual disability subject to institutionalization by court order” contained in section 5123.01 of the Revised Code.
(3) All persons who were eligible for services and enrolled in programs offered by the department 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.