§ 872.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADULT CLIENT. A client who has reached his or her eighteenth birthday.
   BOARD OF HEALTH. The local administrative agency of the City Health District created by Ohio R.C. 3709.05 and § 6.04 of the City Charter.
   CARE. The provision of a combination of supervision and service to meet the social, physical and mental health needs of a person and to enhance the level of functioning by habilitative, medical and training programs within and outside the residential facility, thereby integrating the individual into the community.
   CHILDREN and ADOLESCENTS. Clients who have not reached their eighteenth birthday.
   CHILDREN’S SERVICES BOARD. The County Agency which provides services to dependent, neglected and abused children, the funding for which is obtained by local levy and from state and federal sources.
   CONDITIONAL USE PERMIT. The permit required for certain types of main uses because of their uncommon or unique characteristics. Holders of such a permit must comply with certain standards and explicit conditions established and granted by the Planning Commission.
   DEVELOPMENTAL DISABILITY. Includes the specific disabling conditions of mental retardation, cerebral palsy, epilepsy and autism.
   DWELLING. A building designed or occupied exclusively for non-transient residential use, including one-family, two-family or multi-family buildings.
   DWELLING UNIT. A space, within a dwelling, comprising a living room, a dining room and a sleeping room or rooms and storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family.
   EXTRAMURAL CARE. A type of funding which provides for the support of a mental health client upon discharge from a state institution for up to six months. The facility in which the mental health client resides must be approved by the Department of Mental Health. Generally, this facility fits the definition of a group home, but may not exceed eight client beds.
   FAMILY. Either an individual, two or more persons who live together in one dwelling unit, who maintain a common household and who are related by blood, marriage or adoption, or not more than three persons not related by blood, marriage or adoption.
   FAMILY HOME. A residential facility that provides room, board, personal care, habilitation services and supervision in a family setting for not more than eight persons with developmental disabilities.
   FOSTER HOME (ADULT). A residence providing care for one to five adults, usually the elderly.
   FOSTER HOME (CHILD). A private residence providing care for one or more children, apart from their parents, but which does not care for more than ten children. The usual FOSTER HOME does not exceed five placements.
   GROUP HOME. A residential facility, with a maximum of 16 beds, which provides room and board, personal care, habilitation services and supervision and is licensed and/or approved by the state (Ohio R.C. 5123.18). In all cases, programmatic linkages dependent upon client need should be made with appropriate community agencies and the home operator should endeavor to establish rehabilitative programming.
   HABILITATION. The provision of room, board, socialization and linkage with other community facilities for the provision of other services necessary for normalized community living.
   HALFWAY HOUSE. A residential facility located in the community which provides twenty-four hour supervision (for the relatively short term, three to nine months) with a significant rehabilitative component which is an integral part of the placement. A HALFWAY HOUSE may be utilized post-discharge from an institution or as an alternative placement.
   HEALTH COMMISSIONER. The person occupying the office in the City Health District, which is created by Ohio R.C. 3709.14.
   INSTITUTION. A facility providing care on a 24-hour basis for 11 or more children, required by law to be certified by the Division of Social Administration of the Ohio Department of Public Welfare. It is not a detention home or educational facility.
   JUVENILE COURT. The county agency which provides services to children who are status or delinquent offenders. Funding is obtained from the county’s General Fund and from federal sources.
   LICENSE. Written approval of a residential care facility and the written authorization to operate the facility.
   MENTAL HEALTH AND MENTAL RETARDATION BOARD or 648 BOARD. The legally created body which provides planning and funding for mental health and mental retardation clients by services provided directly to clients through contract agencies. Funding is obtained by local levy and from state and federal sources.
   MENTAL ILLNESS. A substantial disorder of thought, mood, perception, orientation or memory that grossly impairs judgment, behavior, the capacity to recognize reality or the ability to meet the ordinary demands of life.
   MENTAL RETARDATION. A significantly sub-average general intellectual functioning existing concurrently with deficiencies in adaptive behavior, manifested during the developmental period.
   MENTAL RETARDATION BOARD or 169 BOARD. The legally created body which provides planning for and direct services to mental retardation clients. Funding is obtained by local levy and from state and federal sources.
   NURSING HOME. A licensed residential facility providing (as required) personal assistance and nursing care on a 24-hour basis. A NURSING HOME may be certified as a skilled nursing facility or an intermediate care facility by the Ohio Commission on Aging.
   OPERATOR. A person, firm, partnership, agency, association or corporation responsible for the overall management and daily operation of a residential care facility.
   PROPRIETARY. Owned and operated for the purpose of making a profit, whether or not a profit is made.
   REHABILITATION. The provision of room, board, socialization, counseling and specific educative programming determined by client needs (such as daily living skills and pre-vocation experiences), as well as linkage with other community facilities for the provision of other services necessary for normalized community living.
   RESIDENTIAL CARE FACILITY. An institution, residence or facility that may be categorized into the following five care levels, which would include clients who are mentally ill, under 21 years of age and/or mentally retarded.
      (1)   LEVEL I. Facilities for persons who require attention by a medically trained staff, including nurses. Such facilities, in addition to providing room and board, serve persons not in need of hospital care but still requiring medical supervision, skilled nursing or limited nursing attention. Prototypical faculties in this level are skilled nursing homes and intermediate care facilities.
      (2)   LEVEL II. Facilities offering non-medical residential services with around-the-clock supervision and a professional staff in attendance. Such facilities include room, board, counseling or therapy and assistance in vocational and educational programs. The estimated average period of residence is one to six months. Prototypical facilities in this level are halfway houses; other descriptors in this level include transitional residential homes and rehabilitation houses.
      (3)   LEVEL III. Non-medical residences providing around-the-clock supervision under paraprofessional and part-time professional staffs and offering room and board and limited assistance in the activities of daily living. The estimated average period of residence is six months to indefinite. The prototypical facilities in this level are group homes; other descriptors in this level include board and care facilities, extended care facilities and hostels.
      (4)   LEVEL IV. Residential care facilities providing beds for from four to 20 clients. Such facilities are typically operated by non-professional proprietors and offer few services other than provision of room and board and minimal personal supervision. The facility setting may be in a private home under the supervision of a sponsoring family or an individual proprietor or a home owned and/or operated by a board or agency. The estimated period of residence is short-term to indefinite. Prototypical facilities included in this level are foster homes and boarding homes. Additional descriptors included in this level are domiciliary care facilities, individual foster homes and group foster homes.
      (5)   LEVEL V. Semi-independent settings owned or operated by an agency or board designed to accommodate approximately two or more persons, usually in apartments. Such facilities are utilized for individuals capable of higher levels of independent functioning so that a live-in staff is not required. The resident assumes major responsibility for activities of daily living (e.g., food preparation, housekeeping and finances). Services include, after initial assistance in location and placement, periodic supervisory follow-up visitations. The estimated period of residence is short-term to indefinite. The prototypical facilities in this level are supervised apartments. Other descriptors in this category are transitional apartments, sheltered apartments and cooperative apartments.
   RESIDENTIAL TREATMENT CENTER. A residential facility which provides intensive psychiatric treatment to individuals suffering from some severe emotional disturbance, who temporarily should not live in their own homes and who need controlled group living.
   RESPITE CARE. Short-term, contractual, out of the home, residential care of a person, usually provided by a licensed residential care facility. Such care affords temporary relief for the person’s family or legal guardian.
   ROOMING HOUSE. A building or part thereof, operated by a resident family, in which a room or rooms (excluding cooking facilities) are occupied by one or more persons for compensation.
   SPECIALIZED CARE FACILITY. A home or institution which provides for seventeen or more persons.
   TRANSITIONAL RESIDENTIAL HOME. A supportive residential care facility utilized in cases in which an individual has no family or in which the natural home environment is considered harmful or anti-therapeutic. Transitional residences may provide a 24-hour structure, such as a halfway facility to independent having or anything in between.
   TREATMENT. The provision of intensive psychotherapeutic and/or counseling services or medication by a physician or a licensed psychologist. TREATMENT may be one component provided by a residential care facility, but in Summit County treatment per se is usually provided at a mental health center or hospital or by a private physician.
   VARIANCE. An adjustment permitted in instances where a literal application of the provisions of this chapter would result in undue hardship as a result of some peculiar or unique condition or circumstance.
(Prior Code, § 872.01) (Ord. 162-1979, passed 7-23-1979)