CORRECTED VERSION 1
As Passed by the Senate 2
122nd General Assembly 5
Regular Session Am. Sub. H. B. No. 173 6
1997-1998 7
REPRESENTATIVES FORD-LEWIS-OPFER-BRITTON-BEATTY-LUCAS-OGG- 9
HAGAN-BOYD-JONES-MILLER-WINKLER-PRINGLE-GRENDELL-HARRIS- 10
CLANCY-MASON-WILLAMOWSKI-CAREY-WHALEN-PRENTISS-PADGETT-FOX- 11
HOUSEHOLDER-TERWILLEGER-MOTTL-ROMAN-OLMAN-BRADY-VERICH-COLONNA- 12
PATTON-CORE-HAINES-MYERS-REID-SAWYER-VESPER-JACOBSON-SUTTON- 13
WESTON-BENDER-LOGAN-TAVARES-KREBS-GARCIA-CATES-YOUNG-SALERNO- 14
SENATORS SCHAFRATH-KEARNS-CARNES-HOWARD-CUPP-GAETH- 15
BLESSING-OELSLAGER-HOTTINGER-B. JOHNSON-WATTS-DRAKE-DiDONATO- 16
FURNEY-HERINGTON-GARDNER-LATTA-HORN-LATELL-WHITE-NEIN-MUMPER-RAY 17
19
A B I L L
To amend sections 2151.99 and 5101.143 and to enact 21
section 2151.62 of the Revised Code to require a 22
public or private entity that places a child who 23
has been adjudicated a delinquent child for 24
certain acts in a foster home to inform the 25
foster caregivers about the child's background 26
and, in certain circumstances, to conduct a 27
psychological examination of the child and to 28
revise the law governing generation of federal 29
funding for foster care training. 30
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 32
Section 1. That sections 2151.99 and 5101.143 be amended 34
and section 2151.62 of the Revised Code be enacted to read as 35
follows:
Sec. 2151.62. (A) THIS SECTION APPLIES ONLY TO A CHILD 37
WHO IS OR PREVIOUSLY HAS BEEN ADJUDICATED A DELINQUENT CHILD FOR 38
AN ACT TO WHICH ANY OF THE FOLLOWING APPLIES: 39
2
(1) IT IS A VIOLATION OF SECTION 2903.01, 2903.02, 41
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, OR 42
2907.05 OF THE REVISED CODE;
(2) IT IS A VIOLATION OF SECTION 2923.01 OF THE REVISED 45
CODE AND INVOLVED AN ATTEMPT TO COMMIT AGGRAVATED MURDER OR 46
MURDER;
(3) IT WOULD BE A FELONY IF COMMITTED BY AN ADULT AND THE 48
COURT DETERMINED THAT THE CHILD, IF AN ADULT, WOULD BE GUILTY OF 49
A SPECIFICATION FOUND IN SECTION 2941.141, 2941.144, OR 2941.145 50
OF THE REVISED CODE OR IN ANOTHER SECTION OF THE REVISED CODE 52
THAT RELATES TO THE POSSESSION OR USE OF A FIREARM, AS DEFINED IN 53
SECTION 2923.11 OF THE REVISED CODE, DURING THE COMMISSION OF THE 54
ACT FOR WHICH THE CHILD WAS ADJUDICATED A DELINQUENT CHILD. 55
(B)(1) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, 58
A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, 60
PRIVATE NONCUSTODIAL AGENCY, OR COURT, THE DEPARTMENT OF YOUTH
SERVICES, OR ANOTHER PRIVATE OR GOVERNMENT ENTITY SHALL NOT PLACE 61
A CHILD IN A FOSTER HOME UNTIL IT PROVIDES THE FOSTER CAREGIVERS 62
WITH ALL OF THE FOLLOWING: 63
(a) A WRITTEN REPORT DESCRIBING THE CHILD'S SOCIAL 65
HISTORY;
(b) A WRITTEN REPORT DESCRIBING ALL THE ACTS COMMITTED BY 67
THE CHILD THE ENTITY KNOWS OF THAT RESULTED IN THE CHILD BEING 70
ADJUDICATED A DELINQUENT CHILD AND THE DISPOSITION MADE BY THE 71
COURT, UNLESS THE RECORDS PERTAINING TO THE ACTS HAVE BEEN SEALED 72
PURSUANT TO SECTION 2151.358 OF THE REVISED CODE; 73
(c) A WRITTEN REPORT DESCRIBING ANY OTHER VIOLENT ACT 75
COMMITTED BY THE CHILD OF WHICH THE ENTITY IS AWARE; 77
(d) THE SUBSTANTIAL AND MATERIAL CONCLUSIONS AND 79
RECOMMENDATIONS OF ANY PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION 81
CONDUCTED ON THE CHILD OR, IF NO PSYCHOLOGICAL OR PSYCHIATRIC 82
EXAMINATION OF THE CHILD IS AVAILABLE, THE SUBSTANTIAL AND 83
MATERIAL CONCLUSIONS AND RECOMMENDATIONS OF AN EXAMINATION TO 84
DETECT MENTAL AND EMOTIONAL DISORDERS CONDUCTED IN COMPLIANCE 85
3
WITH THE REQUIREMENTS OF CHAPTER 4757. OF THE REVISED CODE BY AN
INDEPENDENT SOCIAL WORKER, SOCIAL WORKER, PROFESSIONAL CLINICAL 86
COUNSELOR, OR PROFESSIONAL COUNSELOR LICENSED UNDER THAT CHAPTER. 87
THE ENTITY SHALL NOT PROVIDE ANY PART OF A PSYCHOLOGICAL, 88
PSYCHIATRIC, OR MENTAL AND EMOTIONAL DISORDER EXAMINATION TO THE 89
FOSTER CAREGIVERS OTHER THAN THE SUBSTANTIAL AND MATERIAL 90
CONCLUSIONS.
(2) NOTWITHSTANDING SECTION 2151.358 OF THE REVISED CODE, 93
IF RECORDS OF AN ADJUDICATION THAT A CHILD IS A DELINQUENT CHILD 94
HAVE BEEN SEALED PURSUANT TO THAT SECTION AND AN ENTITY KNOWS THE
RECORDS HAVE BEEN SEALED, THE ENTITY SHALL PROVIDE THE FOSTER 95
CAREGIVERS A WRITTEN STATEMENT THAT THE RECORDS OF A PRIOR 96
ADJUDICATION HAVE BEEN SEALED.
(C) THE ENTITY THAT PLACES THE CHILD IN A FOSTER HOME 99
SHALL CONDUCT A PSYCHOLOGICAL EXAMINATION OF THE CHILD, EXCEPT 100
THAT THE ENTITY IS NOT REQUIRED TO CONDUCT THE EXAMINATION IF
SUCH AN EXAMINATION WAS CONDUCTED NO MORE THAN ONE YEAR PRIOR TO 101
THE CHILD'S PLACEMENT. NO LATER THAN SIXTY DAYS AFTER PLACING 102
THE CHILD, THE ENTITY SHALL PROVIDE THE FOSTER CAREGIVER A 104
WRITTEN REPORT DETAILING THE SUBSTANTIAL AND MATERIAL CONCLUSIONS
AND RECOMMENDATIONS OF THE EXAMINATION CONDUCTED PURSUANT TO THIS 106
DIVISION.
(D)(1) EXCEPT AS PROVIDED IN DIVISIONS (D)(2) AND (3) OF 108
THIS SECTION, THE EXPENSES OF CONDUCTING THE EXAMINATIONS AND 110
PREPARING THE REPORTS AND ASSESSMENT REQUIRED BY DIVISION (B) OR 111
(C) OF THIS SECTION SHALL BE PAID BY THE ENTITY THAT PLACES THE 112
CHILD IN THE FOSTER HOME.
(2) WHEN A JUVENILE COURT GRANTS TEMPORARY OR PERMANENT 114
CUSTODY OF A CHILD PURSUANT TO ANY SECTION OF THE REVISED CODE, 115
INCLUDING SECTION 2151.33, 2151.353, 2151.354, OR 2151.355 OF THE 116
REVISED CODE, TO A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE
CHILD PLACING AGENCY, THE COURT SHALL PROVIDE THE AGENCY THE 118
INFORMATION DESCRIBED IN DIVISION (B) OF THIS SECTION, PAY THE 120
EXPENSES OF PREPARING THAT INFORMATION, AND, IF A NEW EXAMINATION 121
4
IS REQUIRED TO BE CONDUCTED, PAY THE EXPENSES OF CONDUCTING THE 122
EXAMINATION DESCRIBED IN DIVISION (C) OF THIS SECTION. ON 123
RECEIPT OF THE INFORMATION DESCRIBED IN DIVISION (B) OF THIS
SECTION, THE AGENCY SHALL PROVIDE TO THE COURT WRITTEN 124
ACKNOWLEDGMENT THAT THE AGENCY RECEIVED THE INFORMATION. THE 125
COURT SHALL KEEP THE ACKNOWLEDGMENT AND PROVIDE A COPY TO THE 126
AGENCY. ON THE MOTION OF THE AGENCY, THE COURT MAY TERMINATE THE 127
ORDER GRANTING TEMPORARY OR PERMANENT CUSTODY OF THE CHILD TO 128
THAT AGENCY, IF THE COURT DOES NOT PROVIDE THE INFORMATION 129
DESCRIBED IN DIVISION (B) OF THIS SECTION. 130
(3) IF ONE OF THE FOLLOWING ENTITIES IS PLACING A CHILD IN 132
A FOSTER HOME WITH THE ASSISTANCE OF OR BY CONTRACTING WITH A 133
PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, OR 134
A PRIVATE NONCUSTODIAL AGENCY, THE ENTITY SHALL PROVIDE THE 135
AGENCY WITH THE INFORMATION DESCRIBED IN DIVISION (B) OF THIS 136
SECTION, PAY THE EXPENSES OF PREPARING THAT INFORMATION, AND, IF 137
A NEW EXAMINATION IS REQUIRED TO BE CONDUCTED, PAY THE EXPENSES
OF CONDUCTING THE EXAMINATION DESCRIBED IN DIVISION (C) OF THIS 138
SECTION: 139
(a) THE DEPARTMENT OF YOUTH SERVICES IF THE PLACEMENT IS 141
PURSUANT TO ANY SECTION OF THE REVISED CODE INCLUDING SECTION 142
2151.38, 5139.06, 5139.07, 5139.38, OR 5139.39 OF THE REVISED 143
CODE;
(b) A JUVENILE COURT WITH TEMPORARY OR PERMANENT CUSTODY 145
OF A CHILD PURSUANT TO SECTION 2151.354 OR 2151.355 OF THE 146
REVISED CODE;
(c) A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD 148
PLACING AGENCY WITH TEMPORARY OR PERMANENT CUSTODY OF THE CHILD. 149
THE AGENCY RECEIVING THE INFORMATION DESCRIBED IN DIVISION 151
(B) OF THIS SECTION SHALL PROVIDE THE ENTITY DESCRIBED IN 153
DIVISION (D)(3)(a) TO (c) OF THIS SECTION THAT SENT THE 154
INFORMATION WRITTEN ACKNOWLEDGMENT THAT THE AGENCY RECEIVED THE 156
INFORMATION AND PROVIDED IT TO THE FOSTER CAREGIVERS. THE ENTITY
SHALL KEEP THE ACKNOWLEDGMENT AND PROVIDE A COPY TO THE AGENCY. 158
5
AN ENTITY THAT PLACES A CHILD IN A FOSTER HOME WITH THE 159
ASSISTANCE OF OR BY CONTRACTING WITH AN AGENCY REMAINS 160
RESPONSIBLE TO PROVIDE THE INFORMATION DESCRIBED IN DIVISION (B) 162
OF THIS SECTION TO THE FOSTER CAREGIVERS UNLESS THE ENTITY 163
RECEIVES WRITTEN ACKNOWLEDGMENT THAT THE AGENCY PROVIDED THE 164
INFORMATION.
(E) IF A CHILD IS PLACED IN A FOSTER HOME AS A RESULT OF 167
AN EMERGENCY REMOVAL OF THE CHILD FROM HOME PURSUANT TO DIVISION 168
(D) OF SECTION 2151.31 OF THE REVISED CODE, AN EMERGENCY CHANGE 170
IN THE CHILD'S CASE PLAN PURSUANT TO DIVISION (E)(3) OF SECTION 172
2151.412 OF THE REVISED CODE, OR AN EMERGENCY PLACEMENT BY THE 173
DEPARTMENT OF YOUTH SERVICES PURSUANT TO THIS CHAPTER OR CHAPTER 174
5139. OF THE REVISED CODE, THE ENTITY THAT PLACES THE CHILD IN 176
THE FOSTER HOME SHALL PROVIDE THE INFORMATION DESCRIBED IN 177
DIVISION (B) OF THIS SECTION NO LATER THAN NINETY-SIX HOURS AFTER 179
THE CHILD IS PLACED IN THE FOSTER HOME. 180
(F) ON RECEIPT OF THE INFORMATION DESCRIBED IN DIVISIONS 183
(B) AND (C) OF THIS SECTION, THE FOSTER CAREGIVER SHALL PROVIDE 184
TO THE ENTITY THAT PLACES THE CHILD IN THE FOSTER CAREGIVER'S
HOME A WRITTEN ACKNOWLEDGMENT THAT THE FOSTER CAREGIVER RECEIVED 185
THE INFORMATION. THE ENTITY SHALL KEEP THE ACKNOWLEDGMENT AND 187
PROVIDE A COPY TO THE FOSTER CAREGIVER. 188
(G) NO PERSON EMPLOYED BY AN ENTITY SUBJECT TO THIS 190
SECTION AND MADE RESPONSIBLE BY THAT ENTITY FOR THE CHILD'S 191
PLACEMENT IN A FOSTER HOME SHALL FAIL TO PROVIDE THE FOSTER 193
CAREGIVERS WITH THE INFORMATION REQUIRED BY DIVISIONS (B) AND (C) 195
OF THIS SECTION.
(H) IT IS NOT A VIOLATION OF ANY DUTY OF CONFIDENTIALITY 198
PROVIDED FOR IN THE REVISED CODE OR A CODE OF PROFESSIONAL 200
RESPONSIBILITY FOR A PERSON OR GOVERNMENT ENTITY TO PROVIDE THE 201
SUBSTANTIAL AND MATERIAL CONCLUSIONS AND RECOMMENDATIONS OF A 202
PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION, OR AN EXAMINATION TO 203
DETECT MENTAL AND EMOTIONAL DISORDERS, IN ACCORDANCE WITH 204
DIVISION (B)(1)(d) OR (C) OF THIS SECTION. 206
6
Sec. 2151.99. (A) Whoever violates division (D)(2) or (3) 215
of section 2151.313 or division (A)(1) or (H)(2) of section 216
2151.421 of the Revised Code is guilty of a misdemeanor of the 217
fourth degree.
(B) Whoever violates division (D)(1) of section 2151.313 219
of the Revised Code is guilty of a minor misdemeanor. 220
(C) WHOEVER VIOLATES DIVISION (G) OF SECTION 2151.62 OF 223
THE REVISED CODE IS GUILTY OF A MINOR MISDEMEANOR.
Sec. 5101.143. (A) As used in this section: 232
(1) "Government entity" means any government entity other 234
than a public children services agency. 235
(2) "Private, "PRIVATE agency" means a private child 238
placing agency or private noncustodial agency. 240
(B) Effective December 1, 1997, and subject A GOVERNMENT 242
ENTITY OR PRIVATE AGENCY MAY SUBMIT TO THE DEPARTMENT OF HUMAN 245
SERVICES A REQUEST THAT THE DEPARTMENT DETERMINE WHAT PORTION OF 246
AN AMOUNT THE GOVERNMENT ENTITY OR PRIVATE AGENCY CHARGES FOR 247
FOSTER CARE MAINTENANCE FOR A CHILD ELIGIBLE FOR FOSTER CARE 248
MAINTENANCE PAYMENTS UNDER TITLE IV-E OF THE "SOCIAL SECURITY 253
ACT," 94 STAT. 510, 42 U.S.C.A. 670 (1980), AS AMENDED, QUALIFIES 256
FOR REIMBURSEMENT UNDER TITLE IV-E. 258
(C) AS USED IN THIS DIVISION AND DIVISION (D) OF THIS 262
SECTION, "GOVERNMENT ENTITY" MEANS ANY GOVERNMENT ENTITY OTHER 263
THAN A PUBLIC CHILDREN SERVICES AGENCY.
SUBJECT to initial and continued approval by the United 266
States department of health and human services, a THE DEPARTMENT 268
OF HUMAN SERVICES SHALL LEVY A SPECIAL ASSESSMENT ON EACH private 269
agency or government entity seeking foster care maintenance 270
payments under Title IV-E of the "Social Security Act," 94 Stat. 276
501, 42 U.S.C.A. 670 (1980), as amended, shall pay the department 279
of human services an annual fee A RATE DETERMINATION UNDER 280
DIVISION (B) OF THIS SECTION. The amount of the fee SPECIAL 281
ASSESSMENT shall be the greater of three hundred dollars or 283
fifteen cents times the number of days the private agency or 284
7
government entity provided or arranged foster care in the 285
preceding calendar year to or for each child the agency or entity 286
provided or arranged foster care. The department shall not 287
distribute foster care maintenance payments to PERFORM A RATE 288
DETERMINATION UNDER DIVISION (B) OF THIS SECTION FOR a private 289
agency or government entity that fails to pay the fee SPECIAL 290
ASSESSMENT.
The department shall deposit all fees AMOUNTS collected 292
under this section DIVISION into the child welfare training fund, 294
which is hereby created in the state treasury. The department 296
shall use money in the fund only to secure federal matching funds 297
under Title IV-E to help defray costs private agencies and 300
government entities incur in training staff and foster care 301
parents and that the department determines are allowable and 302
reasonable costs and to make payments to private and government 303
entities to assist with those costs. 304
The department shall determine the amount of payments it 306
will make to private agencies and government entities under this 307
section DIVISION. The department may require a private agency or 309
government entity that receives a payment under this section 310
DIVISION to pay or help pay the cost of an adverse audit finding 312
that the agency or entity causes or to which the agency or entity 313
contributes. The department may require all private agencies and 315
government entities that receive a payment under this section 316
DIVISION to share in the cost of an adverse audit finding that a 317
private agency or government entity no longer in existence caused 319
or contributed to.
(C)(D) The department of human services shall adopt rules 322
in accordance with Chapter 119. of the Revised Code to implement 325
this section. The rules shall include all of the following: 326
(1) Procedures for a private agency or government entity 328
to pay the fee SPECIAL ASSESSMENT required by DIVISION (C) OF 330
this section and to request a payment from the department to help 331
defray the cost of training staff and foster parents; 332
8
(2) Criteria for the department to determine whether 334
training costs are allowable and reasonable; 335
(3) Any other requirements the department determines to be 338
necessary to implement this section.
Section 2. That existing sections 2151.99 and 5101.143 of 340
the Revised Code are hereby repealed. 341