As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 173 5
1997-1998 6
REPRESENTATIVES FORD-LEWIS-OPFER-BRITTON-BEATTY-LUCAS- 8
OGG-HAGAN-BOYD-JONES 9
11
A B I L L
To amend section 2151.99 and to enact section 13
2151.55 of the Revised Code to require a public 14
or private entity that places a child in a foster 15
home to inform the foster caregivers about the 16
child's background and to conduct periodic 18
psychiatric examinations of a foster child who 19
has been adjudicated a delinquent child for 20
committing certain violent acts. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That section 2151.99 be amended and section 25
2151.55 of the Revised Code be enacted to read as follows: 26
Sec. 2151.55. (A) THIS SECTION APPLIES ONLY TO A CHILD 28
WHO HAS BEEN ADJUDICATED A DELINQUENT CHILD FOR AN ACT TO WHICH 30
ANY OF THE FOLLOWING APPLIES:
(1) IT IS A VIOLATION OF SECTION 2903.01, 2903.02, 32
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, OR 33
2907.05 OF THE REVISED CODE;
(2) IT IS A VIOLATION OF SECTION 2923.01 OF THE REVISED 36
CODE AND INVOLVED AN ATTEMPT TO COMMIT AGGRAVATED MURDER OR 37
MURDER;
(3) IT WOULD BE A FELONY IF COMMITTED BY AN ADULT AND THE 39
COURT DETERMINED THAT THE CHILD, IF AN ADULT, WOULD BE GUILTY OF 40
A SPECIFICATION FOUND IN SECTION 2941.141, 2941.144, OR 2941.145 41
OF THE REVISED CODE OR IN ANOTHER SECTION OF THE REVISED CODE 43
THAT RELATES TO THE POSSESSION OR USE OF A FIREARM, AS DEFINED IN 44
2
SECTION 2923.11 OF THE REVISED CODE, DURING THE COMMISSION OF THE 45
ACT FOR WHICH THE CHILD WAS ADJUDICATED A DELINQUENT CHILD. 46
(B) A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD 48
PLACING AGENCY, PRIVATE NONCUSTODIAL AGENCY, OR COURT, THE 49
DEPARTMENT OF YOUTH SERVICES, OR ANOTHER PRIVATE OR GOVERNMENT 50
ENTITY SHALL NOT PLACE A CHILD IN A FOSTER HOME UNTIL IT PROVIDES 51
THE FOSTER CAREGIVERS WITH ALL OF THE FOLLOWING: 52
(1) A WRITTEN REPORT DESCRIBING THE CHILD'S SOCIAL 54
HISTORY;
(2) A WRITTEN REPORT DESCRIBING THE ACTS COMMITTED BY THE 56
CHILD THAT RESULTED IN THE CHILD BEING ADJUDICATED A DELINQUENT 57
CHILD AND THE DISPOSITION MADE BY THE COURT, UNLESS THE RECORDS 58
PERTAINING TO THE ACTS HAVE BEEN SEALED PURSUANT TO SECTION 59
2151.358 OF THE REVISED CODE; 60
(3) A WRITTEN REPORT DESCRIBING ANY OTHER VIOLENT ACT 62
COMMITTED BY THE CHILD OF WHICH THE ENTITY IS AWARE; 63
(4) A RISK ASSESSMENT THAT INCLUDES A STATEMENT DESCRIBING 65
ANY THREAT THE CHILD POSES TO THE FOSTER CAREGIVERS AND THE 66
COMMUNITY IN WHICH THEY LIVE;
(5) THE RESULTS OF ANY PSYCHIATRIC OR PSYCHOLOGICAL 68
EXAMINATION CONDUCTED ON THE CHILD. 69
(C) THE ENTITY THAT PLACES THE CHILD IN A FOSTER HOME 72
SHALL CONDUCT A PSYCHOLOGICAL EXAMINATION OF THE CHILD AND NO 73
LATER THAN THIRTY DAYS AFTER PLACING THE CHILD PROVIDE THE FOSTER
CAREGIVER A WRITTEN REPORT DETAILING THE RESULTS OF THE 74
EXAMINATION. THE EXAMINATION MAY NOT BE CONDUCTED MORE THAN 75
THREE MONTHS PRIOR TO THE CHILD'S PLACEMENT IN THE FOSTER HOME. 76
(D)(1) EXCEPT AS PROVIDED IN DIVISION (D)(2) OF THIS 78
SECTION, THE EXPENSES OF CONDUCTING THE EXAMINATIONS AND 79
PREPARING THE REPORTS AND ASSESSMENT REQUIRED BY DIVISION (B) OR 80
(C) OF THIS SECTION SHALL BE PAID BY THE ENTITY THAT PLACES THE 81
CHILD IN THE FOSTER HOME.
(2) WHEN A JUVENILE COURT PLACES A CHILD IN THE CUSTODY OF 84
A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, 85
3
OR PRIVATE NONCUSTODIAL AGENCY PURSUANT TO SECTION 2151.312, 86
2151.34, 2151.353, OR 2151.355 OR ANY OTHER SECTION OF THE
REVISED CODE, OR PURSUANT TO THE RULES OF JUVENILE PROCEDURE, THE 87
COURT SHALL PROVIDE THE AGENCY WITH WHOM THE CHILD IS PLACED THE 88
REPORTS AND ASSESSMENT DESCRIBED IN DIVISIONS (B)(1), (2), AND 89
(4) OF THIS SECTION AND SHALL PAY THE EXPENSES OF PREPARING THE 90
REPORTS AND ASSESSMENT AND CONDUCTING THE EXAMINATION DESCRIBED 91
IN DIVISION (C) OF THIS SECTION. THE AGENCY MAY REFUSE TO ACCEPT 92
PLACEMENT OF A CHILD IF THE COURT DOES NOT PROVIDE THE REPORTS 93
AND ASSESSMENT.
(E) WHEN THE DEPARTMENT OF YOUTH SERVICES PLACES A CHILD 95
IN A FOSTER HOME PURSUANT TO SECTION 2151.38, 5139.06, 5139.07, 96
5139.38, OR 5139.39 OR ANY OTHER SECTION OF THE REVISED CODE AND 97
THE DEPARTMENT MAKES THE PLACEMENT WITH THE ASSISTANCE OF OR BY 98
CONTRACTING WITH A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD 99
PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY, THE DEPARTMENT,
NOT THE AGENCY PROVIDING THE ASSISTANCE OR CONTRACTING WITH THE 100
DEPARTMENT, IS SUBJECT TO THIS SECTION WITH RESPECT TO THE CHILD. 101
(F) NO CASEWORKER EMPLOYED BY AN ENTITY SUBJECT TO THIS 104
SECTION AND ASSIGNED BY THAT ENTITY TO OVERSEE A CHILD'S CARE IN 105
A FOSTER HOME SHALL FAIL TO PROVIDE THE FOSTER CAREGIVERS WITH 106
THE INFORMATION REQUIRED BY DIVISIONS (B) AND (C) OF THIS 108
SECTION.
Sec. 2151.99. (A) Whoever violates division (D)(2) or (3) 117
of section 2151.313 or division (A)(1) or (H)(2) of section 118
2151.421 of the Revised Code is guilty of a misdemeanor of the 119
fourth degree.
(B) Whoever violates division (D)(1) of section 2151.313 121
of the Revised Code is guilty of a minor misdemeanor. 122
(C) WHOEVER VIOLATES DIVISION (F) OF SECTION 2151.55 OF 125
THE REVISED CODE IS GUILTY OF A MINOR MISDEMEANOR.
Section 2. That existing section 2151.99 of the Revised 127
Code is hereby repealed. 128