The development of licensed residential sites, previously termed “Group Homes”, was discontinued by the Ohio Department of Developmental Disabilities in 1989.
Why was this discontinued?
To support the rights of Individuals to freely choose their service provider and place of residence, it was determined that those two choices may not be interdependent. Meaning, an Individual’s choice of provider may not dictate the residence they must choose, nor may an Individual’s choice of residence dictate which provider will render in-home services.
Clarification on the Revised Code governing this program, and optional residential opportunities:
(A) Except as provided in division (B) of this section, no person or government entity may provide supported living to an individual with mental retardation or a developmental disability if the person or government entity also provides the individual a residence.
(B)* A person may provide supported living to an individual with mental retardation or a developmental disability even though the person also provides the individual a residence if either of the following apply:
(1) The person also resides in the residence with the individual and does not provide at any one time supported living to more than a total of three individuals with mental retardation or a developmental disability who reside in that residence;
(2) The person is an association of family members related to two or more of the individuals with mental retardation or a developmental disability who reside in the residence and does not provide at any one time supported living to more than a total of four individuals with mental retardation or a developmental disability who reside in that residence.
Effective Date: 2007 HB119 06-30-2007
Are there any Exceptions to this provision?
*The service listed below apply under (B) above, from O.R.C. 5123.126.
5123:2-9-33 Home and community-based services waivers – shared living under the individual options waiver. (Services formerly based under the “Adult Foster Care” and “Adult Family Living” rules)
…”(2) “Shared living” means individual-specific personal care and support necessary to meet the day-to-day needs of an adult enrolled in the individual options waiver, by an adult caregiver who resides in the same home as the individual receiving the services. Shared living is provided in conjunction with residing in the home and is part of the rhythm of life that naturally occurs when people live together in the same home. Due to the environment provided by living together in the same home, segregating these activities into discrete services is impractical.
…(a) Shared living:
(i) Enables the individual to experience genuine community life;
(ii) Nurtures stability of long-term relationships within the home and the broader community;
(iii) Contributes to development of life routines chosen by the individual;
(iv) Assists the individual to routinely participate in and make positive contributions to his or her community;
(v) Supports shared decision-making between the individual and other members of the household; and
(vi) Enhances, rather than replaces, existing family relationships and other community connections….”
“Provider-controlled residential setting” = a residence where the landlord is:
(a) An entity that is owned in whole or in part by the individual’s independent provider;
(b) An immediate family member of the individual’s independent provider;
(c) An immediate family member of an owner or a management employee of the individual’s agency provider;
(d) Affiliated with the individual’s agency provider, meaning the landlord: (i) Employs a person who is also an owner or a management employee of the agency provider; or (ii) Has, serving as a member of its board, a person who is also serving as a member of the board of the agency provider;
(e) An entity that is owned in whole or in part by an owner or a management employee of the individual’s agency provider; or
(f) An owner or a management employee of the individual’s agency provider.
In order to protect the “Free Choice” rights of the Individual, a lease agreement containing specific elements in rule must be in place, and outlining that the lease cannot be broken if an individual chooses another provider agency. You can find this rule at “Free Choice” Rules/Laws This link opens a pdf document in a new tab..