Ohio Administrative Code
Title 5122:2 - Operations Management
Chapter 5122:2-1 - Community Mental Health Board Operations
Section 5122:2-1-03 - County withdrawal from a joint-county community mental health board
Universal Citation: OH Admin Code 5122:2-1-03
Current through all regulations passed and filed through September 16, 2024
(A) The purpose of this rule is to establish the criteria and procedures for department of mental health and addiction services authorization of the withdrawal by one or more board(s) of county commissioners from participation in a joint-county board.
(B) The provisions of this rule are applicable to all counties which participate in joint-county boards and particularly to each board of county commissioners which proposes to withdraw from a joint-county board.
(C) Procedures for requesting withdrawal.
(1) The board(s) of county commissioners of
the county or counties requesting withdrawal shall submit to the director of
the department of mental health and addiction
services and to the commissioners and boards of alcohol, drug addiction, and
mental health services of each county in the joint-county board a
resolution of the county commissioners requesting withdrawal together with a
comprehensive written plan which shall include:
(a) Reasons for requesting such
withdrawal;
(b) Description of the
proposed new board service district and a map showing all relevant civil
subdivisions, major lines of transportation, and location of mental health,
addiction, health, and social service agencies in
the proposed new board district to be comprised of or to include the
withdrawing county(ies);
(c)
Analysis and projection of the demographic and organizational elements to be
affected including
(i) Projection, for at
least four years from the proposed first year, of the populations in the
proposed new and remaining board service districts, respectively, and
(ii) Identification of any existing
contractual networks of mental health and
addiction service programs which cross county boundaries and which would
be disrupted if the proposed withdrawal occurs; and if a disruption is
contemplated, a plan to assure continued service to clients must be included in
the general plan;
(d)
Evidence of the adequacy of community interest and of potential resources in
the proposed new board service district, including the endorsement of civic and
professional leaders and the adequacy of funding resources within the proposed
new board service district, to support the organization and delivery of mental
health and addiction services and programs which
meet at least the minimum program standards of the department, including
services to client population groups in the district that are designated by the
department for high priority ;
(e) Evidence that relevant community
organizations, including at least all mental health, addiction, health, and social service agencies
and providers within the proposed new board
service district, have been informed in writing of the proposed new board
service district, its population and funding resources in relation to ability
to provide needed services in accordance with the approved board comprehensive
annual plan as required by section
340.03
of the Revised Code, and that these agencies and
providers have been invited to submit written comments to the board(s) of
county commissioners in the proposed new board service district; and
(f) Evidence that a public hearing has been
announced to all relevant agencies and providers
and to the general public within the proposed new board service district to be
comprised of or to include the withdrawing county(ies), that such a public
hearing has been conducted, and evidence of all written comments and other
testimony received.
(g) Evidence
that any county withdrawing from a joint-county board would continue to have
levied against its tax list and duplicate any tax levied by the district during
the period in which the county was a member of the joint-county board until
such time as the levy expires or is renewed or replaced.
(h) Evidence of the provision for the
equitable adjustment and division of all mental health and addiction services, assets, property, debts, and
obligations, if any, of the joint-county district.
(D) Review by the department
(1) On receipt of the written proposed plan
by the department, the director shall consider the request for withdrawal to
assure:
(a) Compliance with all required
standards and procedures in paragraph (C) of this rule;
(b) That relevant organizations and the
general public have had the opportunity for comment and that all substantive,
relevant questions, issues, and complaints have been appropriately
resolved;
(c) That the remaining
county or counties from which the withdrawal is proposed are able to assure
continuation of services and programs which meet at least minimum program
standards of the department.
(2) However, if substantive issues have not
been resolved, or the proposed plan is not generally endorsed, or if the
director has reason to believe the proposed plan is not in the best interest of
the citizens of the county or the currently existing district, the director
may, within thirty days of receipt of the proposed plan, request that a hearing
be held to examine the relevant facts and opinions in order to make a decision.
The hearing process shall be as follows:
(a)
Reasonable public notice shall be given prior to the date set for the hearing
and shall include:
(i) A statement that the
department of mental health and addiction
services will hold a hearing on the proposed plan for withdrawal of one
or more county(ies) from a joint-county district, and
(ii) The date, time and place of the hearing.
All efforts will be made to hold the hearing in the county(ies) requesting
withdrawal.
(b) On the
date, time and place designated in the notice, the department of mental health
and addiction services will conduct a hearing at
which any person or representative of any organization affected by the proposed
action of the county may appear and be heard in person. Written or oral comment
may be provided.
(c) The director
shall designate a hearing officer to preside at said hearing. Such officer
shall review the testimony and make a recommendation within thirty days to the
director.
(3) The
director shall notify the requesting board(s) of county commissioners of the
department's approval or disapproval of the proposed plan in writing within
sixty days after the department's receipt of the proposed plan for withdrawal,
or within sixty days after the date of the hearing.
(4) No county participating in a joint-county
service district
may withdraw therefrom without the consent of the director nor earlier than one
year after the submission of such resolution unless all of the participating
counties agree to an earlier withdrawal.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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