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