Ohio Revised Code

Ohio Rev. Code § 5123.16 (2026)

Valid supported living certificate required

✓ current as of May 2026
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(A) As used in sections 5123.16 to 5123.1613 of the Revised Code:

(1) "Applicant" means any of the following:

(a) The chief executive officer of a business that applies under section 5123.161 of the Revised Code for a certificate to provide supported living;

(b) The chief executive officer of a business that seeks renewal of the business's supported living certificate under section 5123.164 of the Revised Code;

(c) An individual who applies under section 5123.161 of the Revised Code for a certificate to provide supported living as an independent provider;

(d) An independent provider who seeks renewal of the independent provider's supported living certificate under section 5123.164 of the Revised Code.

(2) "Business" means an association, corporation, nonprofit organization, partnership, trust, or other group of persons. "Business" does not mean an independent provider.

(3) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code.

(4) "Disqualifying offense" means any of the offenses listed or described in divisions (A)(3)(a) to (e) of section 109.572 of the Revised Code.

(5) "Independent provider" means a provider who provides supported living on a self-employed basis and does not employ, directly or through contract, another person to provide the supported living.

(6) "Provider" means a person or government entity certified by the director of developmental disabilities to provide supported living. For the purpose of division (A)(8) of this section, "provider" includes a person or government entity that seeks or previously held a certificate to provide supported living.

(7) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.

(8) "Related party" means any of the following:

(a) In the case of a provider who is an individual, any of the following:

(i) The spouse of the provider;

(ii) A parent or stepparent of the provider or provider's spouse;

(iii) A child of the provider or provider's spouse;

(iv) A sibling, half sibling, or stepsibling of the provider or provider's spouse;

(v) A grandparent of the provider or provider's spouse;

(vi) A grandchild of the provider or provider's spouse.

(b) In the case of a provider that is a person other than an individual, any of the following:

(i) Any person or government entity that directly or indirectly controls the provider's day-to-day operations (including as a general manager, business manager, financial manager, administrator, or director), regardless of whether the person or government entity exercises the control pursuant to a contract or other arrangement and regardless of whether the person or government entity is required to file an Internal Revenue Code form W-2 for the provider;

(ii) An officer of the provider, including the chief executive officer, president, vice-president, secretary, and treasurer;

(iii) A member of the provider's board of directors or trustees;

(iv) A person owning a financial interest of five per cent or more in the provider, including a direct, indirect, security, or mortgage financial interest;

(v) The spouse, parent, stepparent, child, sibling, half sibling, stepsibling, grandparent, or grandchild of any of the persons specified in divisions (A)(8)(b)(i) to (iv) of this section;

(vi) A person over which the provider has control of the day-to-day operation;

(vii) A corporation that has a subsidiary relationship with the provider.

(c) In the case of a provider that is a government entity, any of the following:

(i) Any person or government entity that directly or indirectly controls the provider's day-to-day operations (including as a general manager, financial manager, administrator, or director), regardless of whether the person or government entity exercises the control pursuant to a contract or other arrangement;

(ii) An officer of the provider;

(iii) A member of the provider's governing board;

(iv) A person or government entity over which the provider has control of the day-to-day operation.

(B) No person or government entity may provide supported living without a valid supported living certificate issued by the director of developmental disabilities.

(C) A county board of developmental disabilities may provide supported living only to the extent permitted by rules adopted under section 5123.1611 of the Revised Code.

Last updated August 8, 2025 at 3:55 PM

Notes of Decisions
Cited in 5 cases, 1982–2016 · leading case: Nicoletti v. Brown, 740 F. Supp. 1268 (N.D. Ohio 1987).
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Nicoletti v. Brown, 740 F. Supp. 1268 (N.D. Ohio 1987). · cites it 34× “*1283 The plaintiffs in this case contend that Ohio Rev.Code Ann. § 5123.16 (Supp. 1986) creates a property interest.”
Swoope v. Osagie, 2016 Ohio 8046 (Ohio Ct. App. 2016). · cites it 2× “hat an “MR/DD employee” includes all of the following: (1) An employee of the department of developmental disabilities; (2) An employee of a county board of developmental disabilities; (3) An employee in a position that includes providing specialized services to an individual…”
In re Hamil, 431 N.E.2d 317 (Ohio 1982). · cites it 2× “01 provided that: “The director may contract with hospitals licensed by the division of mental health under section 5123.16 of the Revised Code for the care and treatment of mentally ill patients, or with persons, organizations, or agencies for the custody, supervision, care, or…”
State v. Bruton, 501 N.E.2d 651 (Ohio Ct. App. 1985). · cites it 2× “ity; “(5) Receive private psychiatric or psychological care and treatment; “(6) Any other suitable facility or person consistent with the diagnosis, prognosis, and treatment needs of the respondent; or “(7) An inpatient unit administered by a community mental health center…”
In Re Blackman, 627 N.E.2d 1049 (Ohio Ct. App. 1993). “MRDD is required by R.C. 5123.16 to maintain all institutions in substantial compliance with Title XIX of the .”
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