To amend sections 117.45, 124.26, 124.30, 127.16, 176.05, 307.01, 307.851, 319.16, 329.03, 329.04, 329.05, 329.051, 329.06, 329.09, 2151.011, 2151.10, 2151.31, 2151.421, 2301.03, 2301.35, 2301.351, 2301.357, 2301.36, 2301.372, 2329.66, 2715.041, 2715.045, 2716.13, 2901.30, 2921.13, 2951.02, 3101.01, 3107.01, 3109.051, 3111.09, 3113.06, 3113.07, 3113.215, 3113.216, 3115.24, 3301.0719, 3313.64, 3313.714, 3317.023, 3317.10, 3701.503, 3727.17, 4115.04, 4117.01, 4123.27, 4141.162, 4141.163, 5101.02, 5101.06, 5101.07, 5101.071, 5101.10, 5101.14, 5101.141, 5101.15, 5101.16, 5101.161, 5101.18, 5101.181, 5101.183, 5101.31, 5101.323, 5101.35, 5101.36, 5101.37, 5101.46, 5101.461, 5101.462, 5101.463, 5101.464, 5101.54, 5101.544, 5101.58, 5101.59, 5101.82, 5101.83, 5101.84, 5101.841, 5101.842, 5101.91, 5101.92, 5101.95, 5101.97, 5101.99, 5103.02, 5103.154, 5104.01, 5104.03, 5104.04, 5104.11, 5104.12, 5104.30, 5104.32, 5104.34, 5104.38, 5104.39, 5104.42, 5107.01, 5107.02, 5107.031, 5107.04, 5107.041, 5107.05, 5107.07, 5107.071, 5107.10, 5107.12, 5107.13, 5107.15, 5107.16, 5107.18, 5107.19, 5107.21, 5107.22, 5107.24, 5107.26, 5107.30, 5107.31, 5107.32, 5107.34, 5111.01, 5111.012, 5111.013, 5111.017, 5111.023, 5111.09, 5111.74, 5115.01, 5115.03, 5115.05, 5119.22, 5119.65, 5119.68, 5122.39, 5123.93, 5139.18, 5153.01, 5153.02, 5153.03, 5153.04, 5153.05, 5153.07, 5153.08, 5153.091, 5153.10, 5153.11, 5153.111, 5153.12, 5153.13, 5153.131, 5153.14, 5153.16, 5153.161, 5153.162, 5153.163, 5153.164, 5153.165, 5153.17, 5153.18, 5153.19, 5153.20, 5153.21, 5153.22, 5153.23, 5153.25, 5153.26, 5153.27, 5153.28, 5153.29, 5153.30, 5153.31, 5153.32, 5153.33, 5153.34, 5153.35, 5153.36, 5153.49, 5153.53, 5502.13, 5709.64, and 5709.66; to amend for the purposes of adopting new section numbers 5101.82 (5107.52), 5101.83 (5107.54), 5101.84 (5107.48), 5101.841 (5107.49), 5101.842 (5107.50), 5101.91 (5107.68), 5101.92 (5107.61), 5107.02 (5107.06), 5107.031 (5107.26), 5107.04 (5107.14), 5107.041 (5107.15), 5107.05 (5107.09), 5107.07 (5107.11), 5107.071 (5107.24), 5107.10 (5107.36), 5107.13 (5107.38), 5107.15 (329.022), 5107.16 (5107.03), 5107.18 (5107.32), 5107.19 (5107.321), 5107.21 (5107.322), 5107.22 (5107.323), 5107.23 (5107.324), 5107.24 (5107.325), 5107.25 (5107.326), 5107.26 (5107.327), 5107.31 (5107.28), and 5107.32 (5107.20); to revive and amend section 5101.323; to enact new sections 5107.02, 5107.04, 5107.07, and 5107.22, and sections 307.98, 5101.21, 5101.211, 5101.22, 5101.23, 5101.24, 5101.25, 5101.26, 5101.27, 5101.28, 5101.29, 5101.30, 5101.465, 5107.40, 5107.41, 5107.43, 5107.45, 5107.47, 5107.60, 5107.62, 5107.64, and 5107.66; and to repeal sections 329.041, 329.07, 329.99, 4141.043, 4143.043, 5101.09, 5101.57, 5101.80, 5101.81, 5101.85, 5101.86, 5101.87, 5101.88, 5101.881, 5101.89, 5101.90, 5101.93, 5101.94, 5101.98, 5104.081, 5107.011, 5107.03, 5107.032, 5107.033, 5107.034, 5107.06, 5107.08, 5107.09, 5107.11, 5107.14, 5107.151, 5107.17, 5107.20, 5107.23, 5107.25, 5107.33, 5107.99, and 5115.18 of the Revised Code to abolish the Aid to Dependent Children and the Job Opportunities and Basic Skills Training Programs, create the Ohio Works First Program, and to revise the law governing the Disability Assistance Program, Title XX social services, day care, confidentiality of public assistance records, and administration of human services, children services, and child support enforcement.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Sec. 117.45. (A) The auditor of state shall draw warrants against the treasurer of state pursuant to all requests for payment that the director of budget and management has approved under section 126.07 of the Revised Code.

(B) Unless the director of human services has provided for the making of payments by electronic benefit transfer, if a financial institution and account have been designated by the recipient, payment by the auditor of state to a recipient of aid to dependent children THE OHIO WORKS COMPONENT OF THE OHIO WORKS FIRST PROGRAM pursuant to Chapter 5107. of the Revised Code or disability assistance pursuant to Chapter 5115. of the Revised Code shall be made by direct deposit to the account of the recipient in the financial institution. Payment by the auditor of state to a recipient of public assistance pursuant to section 5101.33 of the Revised Code shall be by electronic benefit transfer payment. PAYMENT by the auditor of state as compensation to an employee of the state who has, pursuant to section 124.151 of the Revised Code, designated a financial institution and account for the direct deposit of such payments shall be made by direct deposit to the account of the employee. Payment to any other payee who has designated a financial institution and account for the direct deposit of such payment may be made by direct deposit to the account of the payee in the financial institution as provided in section 9.37 of the Revised Code. The auditor of state shall contract with an authorized financial institution for the services necessary to make direct deposits or electronic benefit transfers under this division and draw lump sum warrants payable to that institution in the amount to be transferred. Accounts maintained by the auditor of state or his THE AUDITOR OF STATE'S agent in a financial institution for the purpose of effectuating payment by direct deposit or electronic benefit transfer shall be maintained in accordance with section 135.18 of the Revised Code.

(C) All other payments from the state treasury shall be made by paper warrants payable to the respective payees. The auditor of state may mail the paper warrants to the respective payees or distribute them through other state agencies, whichever he THE AUDITOR OF STATE determines to be the better procedure.

(D) If the average per transaction cost the auditor of state incurs in making direct deposits for a state agency exceeds the average per transaction cost he THE AUDITOR OF STATE incurs in drawing paper warrants for all public offices during the same period of time, he THE AUDITOR OF STATE may certify the difference in cost and the number of direct deposits for the agency to the director of administrative services. The director shall reimburse the auditor of state for such additional costs and add the amount to the processing charge assessed upon the state agency.

Sec. 124.26. (A) Except as provided in divisions (B) and (C) of this section, from the returns of the examinations the director of administrative services shall prepare an eligible list of the persons whose general average standing upon examinations for such grade or class is not less than the minimum fixed by the rules of the director, and who are otherwise eligible; and such persons shall take rank upon the eligible list as candidates in the order of their relative excellence as determined by the examination without reference to priority of the time of examination. In the event two or more applicants receive the same mark in an open competitive examination, priority in the time of filing the application with the director shall determine the order in which their names shall be placed on the eligible list; provided, that applicants eligible for veteran's preference under section 124.23 of the Revised Code shall receive priority in rank on the eligible list over nonveterans on the list with a rating equal to that of the veteran. Ties among veterans shall be decided by priority of filing the application. In the event of two or more applicants receiving the same mark on a promotional examination, seniority shall determine the order in which their names shall be placed on the eligible list. The term of eligibility of each list shall be fixed by the director at not less than one nor more than two years. When an eligible list is reduced to ten names or less, a new list may be prepared. The director may consolidate two or more eligible lists of the same kind by the rearranging of eligibles named therein, according to their grades.

(B) A person serving as a provisional employee who passes an examination, given for the department in which he THE PERSON is employed, for the class or grade in which the person holds the position shall be appointed as a certified employee in the position before the director of administrative services prepares an eligible list.

(C) A RECIPIENT OF ASSISTANCE UNDER THE OHIO WORKS COMPONENT OF THE OHIO WORKS FIRST PROGRAM PLACED IN A SUBSIDIZED POSITION UNDER DIVISION (F) OR (G) OF SECTION 5107.52 of the Revised Code WHO RECEIVES A SATISFACTORY EVALUATION AFTER COMPLETING SIX MONTHS' SERVICE IN THE SUBSIDIZED POSITION AND PASSES AN EXAMINATION FOR THE CLASS OR GRADE IN WHICH THE RECIPIENT HOLDS THE SUBSIDIZED POSITION SHALL BE APPOINTED AS A PERMANENT EMPLOYEE IN THE POSITION BEFORE THE DIRECTOR OF ADMINISTRATIVE SERVICES PREPARES AN ELIGIBLE LIST.

Sec. 124.30. Positions in the classified service may be filled without competition as follows:

(A) Whenever there are urgent reasons for filling a vacancy in any position in the classified service and the director of administrative services is unable to certify to the appointing authority, upon requisition by the latter, a list of persons eligible for appointment to such position after a competitive examination, the appointing authority may nominate a person to the director for noncompetitive examination, and if such nominee is certified by the director as qualified after such noncompetitive examination, the nominee may be appointed provisionally to fill such vacancy until a selection and appointment can be made after competitive examination; but such provisional appointment shall continue in force only until a regular appointment can be made from eligible lists prepared by the director and such eligible lists shall be prepared within six months, provided that an examination for the position must be held within the six-month period from the date of such provisional appointment. In the case of provisional appointees in county agencies administering aid to the blind or aid to dependent children DEPARTMENTS OF HUMAN SERVICES and in the department of human services and department of health, if the salary is paid in whole or in part from federal funds, such eligible lists shall be prepared within six months, provided that an examination for the position must be held within the six-month period from the date of such provisional appointment. In case of an emergency, an appointment may be made without regard to the rules of sections 124.01 to 124.64 of the Revised Code, but in no case to continue longer than thirty days, and in no case shall successive appointments be made. Interim or temporary appointments, made necessary by reason of sickness, disability, or other approved leave of absence of regular officers or employees shall continue only during such period of sickness, disability, or other approved leave of absence, subject to rules to be provided for by the director.

Persons who receive interim, temporary, or intermittent appointments shall serve at the pleasure of their appointing authority. Interim appointments shall be made only to fill a vacancy that results from an employee's temporary absence, but shall not be made to fill a vacancy that results because an employee receives an interim appointment.

(B) In case of a vacancy in a position in the classified service where peculiar and exceptional qualifications of a scientific, managerial, professional, or educational character are required, and upon satisfactory evidence that for specified reasons competition in such special case is impracticable and that the position can best be filled by a selection of some designated person of high and recognized attainments in such qualities, the director may suspend the provisions of sections 124.01 to 124.64 of the Revised Code, requiring competition in such case, but no suspension shall be general in its application, and all such cases of suspension shall be reported in the annual report of the director with the reasons for the suspension.

(C) Where the services to be rendered by an appointee are for a temporary period, not to exceed six months, and the need of such service is important and urgent, the appointing authority may select for such temporary service any person on the proper list of those eligible for permanent appointment. Successive temporary appointments to the same position shall not be made under this division. The acceptance or refusal by an eligible of a temporary appointment shall not affect the person's standing on the register for permanent employment; nor shall the period of temporary service be counted as a part of the probationary service in case of subsequent appointment to a permanent position.

Sec. 127.16. (A) Upon the request of either a state agency or the director of budget and management and after the controlling board determines that an emergency or a sufficient economic reason exists, the controlling board may approve the making of a purchase without competitive selection as provided in division (B) of this section.

(B) Except as otherwise provided in this section, no state agency, using money that has been appropriated to it directly, shall:

(1) Make any purchase from a particular supplier, that would amount to fifty thousand dollars or more when combined with both the amount of all disbursements to the supplier during the fiscal year for purchases made by the agency and the amount of all outstanding encumbrances for purchases made by the agency from the supplier, unless the purchase is made by competitive selection or with the approval of the controlling board;

(2) Lease real estate from a particular supplier, if the lease would amount to seventy-five thousand dollars or more when combined with both the amount of all disbursements to the supplier during the fiscal year for real estate leases made by the agency and the amount of all outstanding encumbrances for real estate leases made by the agency from the supplier, unless the lease is made by competitive selection or with the approval of the controlling board.

(C) Any person who authorizes a purchase in violation of division (B) of this section shall be liable to the state for any state funds spent on the purchase, and the attorney general shall collect the amount from the person.

(D) Nothing in division (B) of this section shall be construed as:

(1) A limitation upon the authority of the director of transportation as granted in sections 5501.17, 5517.02, and 5525.14 of the Revised Code;

(2) Applying to medicaid provider agreements under Chapter 5111. of the Revised Code, payments for services provided prior to July 17, 1995, under general assistance medical assistance established under former Chapter 5113. of the Revised Code, or payments or provider agreements under disability assistance medical assistance established under Chapter 5115. of the Revised Code;

(3) Applying to the purchase of examinations from a sole supplier by a state licensing board under Title XLVII of the Revised Code;

(4) Applying to entertainment contracts for the Ohio state fair entered into by the Ohio expositions commission, provided that the controlling board has given its approval to the commission to enter into such contracts and has approved a total budget amount for such contracts as agreed upon by commission action, and that the commission causes to be kept itemized records of the amounts of money spent under each contract and annually files those records with the legislative clerk of the house of representatives and the clerk of the senate following the close of the fair;

(5) Limiting the authority of the chief of the division of mines and reclamation to contract for reclamation work with an operator mining adjacent land as provided in section 1513.27 of the Revised Code;

(6) Applying to investment transactions and procedures of any state agency, except that the agency shall file with the board the name of any person with whom the agency contracts to make, broker, service, or otherwise manage its investments, as well as the commission, rate, or schedule of charges of such person with respect to any investment transactions to be undertaken on behalf of the agency. The filing shall be in a form and at such times as the board considers appropriate.

(7) Applying to purchases made with money for the per cent for arts program established by section 3379.10 of the Revised Code;

(8) Applying to purchases made by the rehabilitation services commission of services, or supplies, that are provided to persons with disabilities, or to purchases made by the commission in connection with the eligibility determinations it makes for applicants of programs administered by the social security administration;

(9) Applying to payments by the department of human services under section 5111.13 of the Revised Code for group health plan premiums, deductibles, coinsurance, and other cost-sharing expenses;

(10) Applying to any agency of the legislative branch of the state government;

(11) Applying to agreements entered into under section 5101.21, 5101.211, OR 5101.11 of the Revised Code;

(12) Applying to purchases of services by the adult parole authority under section 2967.14 of the Revised Code or by the department of youth services under section 5139.08 of the Revised Code;

(13) Applying to dues or fees paid for membership in an organization or association;

(14) Applying to purchases of utility services pursuant to section 9.30 of the Revised Code;

(15) Applying to purchases made in accordance with rules adopted by the department of administrative services of motor vehicle, aviation, or watercraft fuel, or emergency repairs of such vehicles;

(16) Applying to purchases of tickets for passenger air transportation;

(17) Applying to purchases necessary to provide public notifications required by law or to provide notifications of job openings;

(18) Applying to the judicial branch of state government;

(19) Applying to purchases of liquor for resale by the department or, on and after July 1, 1997, the division of liquor control;

(20) Applying to purchases of motor courier and freight services made in accordance with department of administrative services rules;

(21) Applying to purchases from the United States postal service and purchases of stamps and postal meter replenishment from vendors at rates established by the United States postal service;

(22) Applying to purchases of books, periodicals, pamphlets, newspapers, maintenance subscriptions, and other published materials;

(23) Applying to purchases from other state agencies, including state-assisted institutions of higher education;

(24) Limiting the authority of the director of environmental protection to enter into contracts under division (D) of section 3745.14 of the Revised Code to conduct compliance reviews, as defined in division (A) of that section;

(25) Applying to purchases from a qualified nonprofit agency pursuant to sections 4115.31 to 4115.35 of the Revised Code;

(26) Applying to payments by the department of human services to the United States department of health and human services for printing and mailing notices pertaining to the tax refund offset program of the internal revenue service of the United States department of the treasury;

(27) Applying to contracts entered into by the department of mental retardation and developmental disabilities under sections 5123.18, 5123.182, and 5111.252 of the Revised Code;

(28) Applying to payments made by the department of mental health under a physician recruitment program authorized by section 5119.101 of the Revised Code.

(E) Notwithstanding division (B)(1) of this section, the cumulative purchase threshold shall be seventy-five thousand dollars for the departments of mental retardation and developmental disabilities, mental health, rehabilitation and correction, and youth services.

(F) When determining whether a state agency has reached the cumulative purchase thresholds established in divisions (B)(1), (B)(2), and (E) of this section, all of the following purchases by such agency shall not be considered:

(1) Purchases made through competitive selection or with controlling board approval;

(2) Purchases listed in division (D) of this section;

(3) For the purposes of the thresholds of divisions (B)(1) and (E) of this section only, leases of real estate.

(G) As used in this section, "competitive selection," "purchase," "supplies," and "services" have the same meanings as in section 125.01 of the Revised Code.

Sec. 176.05. (A)(1) Notwithstanding any provision of law to the contrary, the rate of wages payable for the various occupations covered by sections 4115.03 to 4115.16 of the Revised Code, to persons employed on a project who are not qualified volunteers or persons required to participate in the job opportunities and basic skills training program established A WORK ACTIVITY OR ALTERNATIVE WORK ACTIVITY under section 5101.81 SECTIONS 5107.40 TO 5107.68 of the Revised Code, shall be determined according to this section. An association representing the general contractors or subcontractors that engage in the business of residential construction in a certain locality shall negotiate with the applicable building and construction trades council in that locality an agreement or understanding that sets forth the residential prevailing rate of wages, payable on projects in that locality, for each of the occupations employed on those projects.

(2) Notwithstanding any residential prevailing rate of wages established prior to July 1, 1995, if, by October 1, 1995, the parties are unable to agree under division (A)(1) of this section as to the rate of wages payable for each occupation covered by sections 4115.03 to 4115.16 of the Revised Code, the administrator of the bureau of employment services shall establish the rate of wages payable for each occupation.

(3) The residential prevailing rate of wages established under division (A)(1) or (2) of this section shall not be equal to or greater than the prevailing rate of wages determined by the administrator pursuant to sections 4115.03 to 4115.16 of the Revised Code for any of the occupations covered by those sections.

(B) Except for the prevailing rate of wages determined by the administrator pursuant to sections 4115.03 to 4115.16 of the Revised Code, those sections and section 4115.99 of the Revised Code apply to projects.

(C) The residential prevailing rate of wages established under division (A) of this section is not payable to any individual or member of that individual's family who provides labor in exchange for acquisition of the property for homeownership or who provides labor in place of or as a supplement to any rental payments for the property.

(D) For the purposes of this section:

(1) "Project" means any construction, rehabilitation, remodeling, or improvement of residential housing, whether on a single or multiple site for which a person, as defined in section 1.59 of the Revised Code, or municipal corporation, county, or township receives financing, that is financed in whole or in part from state moneys or pursuant to this chapter, section 133.51 or 307.698 of the Revised Code, or Chapter 175. of the Revised Code, except for any of the following:

(a) The single-family mortgage revenue bonds homeownership program under Chapter 175. of the Revised Code, including owner-occupied dwellings of one to four units;

(b) Projects consisting of fewer than six units developed by any entity that is not a nonprofit organization exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code;

(c) Projects of fewer than twenty-five units developed by any nonprofit organization that is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code;

(d) Programs undertaken by any municipal corporation, county, or township, including lease-purchase programs, using mortgage revenue bond financing;

(e) Any individual project, that is sponsored or developed by a nonprofit organization that is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, for which the federal government or any of its agencies furnishes by loan, grant, low-income housing tax credit, or insurance more than twelve per cent of the costs of the project. For purposes of division (D)(2)(e) of this section, the value of the low-income housing tax credits shall be calculated as the proceeds from the sale of the tax credits, less the costs of the sale.

As used in division (D)(1)(e) of this section, "sponsored" means that the general partner of a limited partnership owning the project is either a nonprofit organization that is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code or a person, as defined in section 1.59 of the Revised Code, in which such a nonprofit organization maintains controlling interest.

Nothing in division (D)(1)(e) of this section shall be construed as permitting unrelated projects to be combined for the sole purpose of determining the total percentage of project costs furnished by the federal government or any of its agencies.

(2) A "project" is a "public improvement" and the state or a political subdivision that undertakes or participates in the financing of a project is a "public authority," as both of the last two terms are defined in section 4115.03 of the Revised Code.

(3) "Qualified volunteers" are volunteers who are working without compensation for a nonprofit organization that is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, and that is providing housing or housing assistance only to families and individuals in a county whose incomes are not greater than one hundred forty per cent of the median income of that county as determined under section 175.23 of the Revised Code.

Sec. 307.01. (A) A courthouse, jail, public comfort station, offices for county officers, and a county home shall be provided by the board of county commissioners when, in its judgment, any of them are needed. The buildings and offices shall be of such style, dimensions, and expense as the board determines. All new jails and renovations to existing jails shall be designed, and all existing jails shall be operated in such a manner as to comply substantially with the minimum standards for jails in Ohio promulgated by the department of rehabilitation and correction. The board shall also provide equipment, stationery, and postage, as it considers reasonably necessary for the proper and convenient conduct of county offices, and such facilities as will result in expeditious and economical administration of such offices, except that, for the purpose of obtaining federal or state reimbursement, the board may impose on the county PUBLIC children services board or county department of human services exercising the children services function AGENCY reasonable charges, not exceeding the amount for which reimbursement will be made and consistent with cost-allocation standards adopted by the department of human services, for the provision of office space, supplies, stationery, utilities, telephone use, postage, and general support services.

The board of county commissioners shall provide all rooms, fireproof and burglarproof vaults, safes, and other means of security in the office of the county treasurer that are necessary for the protection of public moneys and property in the office.

(B) The court of common pleas shall annually submit a written request for an appropriation to the board of county commissioners that shall set forth estimated administrative expenses of the court that the court considers reasonably necessary for its operation. The board shall conduct a public hearing with respect to the written request submitted by the court and shall appropriate the amount of money each year that it determines, after conducting the public hearing and considering the written request of the court, is reasonably necessary to meet all administrative expenses of the court.

If the court considers the appropriation made by the board pursuant to this division insufficient to meet all the administrative expenses of the court, it shall commence an action under Chapter 2731. of the Revised Code in the court of appeals for the judicial district for a determination of the duty of the board of county commissioners to appropriate the amount of money in dispute. The court of appeals shall give priority to the action filed by the court of common pleas over all cases pending on its docket. The burden shall be on the court of common pleas to prove that the appropriation requested is reasonably necessary to meet all its administrative expenses. If, prior to the filing of an action under Chapter 2731. of the Revised Code or during the pendency of the action, any judge of the court exercises the contempt power of the court of common pleas in order to obtain the amount of money in dispute, the judge shall not order the imprisonment of any member of the board of county commissioners notwithstanding sections 2705.02 to 2705.06 of the Revised Code.

(C) Division (B) of this section does not apply to appropriations for the probate court or the juvenile court that are subject to section 2101.11 or 2151.10 of the Revised Code.

Sec. 307.851. (A) Notwithstanding anything to the contrary in the Revised Code, a board of county commissioners of a county that has enacted a tax levy under section 5705.191 of the Revised Code may, in addition to exercising the other powers granted to a board of county commissioners, enter into a contract with a nonprofit corporation or association for that corporation or association to provide the services described in this section and for the county to pay for those contracted services with the proceeds of that tax levy, provided that proceeds from the tax levy are used only for the purpose or purposes for which the tax was levied. Services for which a contract may be entered into under this section are either of the following:

(1) Children and youth services; alcohol, drug accition, and mental health services; services for the mentally retarded or developmentally disabled; and public health services;

(2) Health and human services for low-income persons, including counseling, family support, legal services, day-care, teen services, literacy, prescription assistance, homemaker assistance, adult day-care, respite care services, attendant care, hearing and speech services, adult protective services, and transportation services.

(B) Before entering into a contract as provided in division (A) of this section, the board of county commissioners shall first notify, in writing, the PUBLIC children services board AGENCY; the alcohol, drug addiction, and mental health services board; the board of mental retardation and developmental disabilities; the board of the health district or combined general health district; or the human services department of that county, as appropriate for the service to be provided under the contract, of the board's intention to enter into a contract with a nonprofit corporation or association to provide a particular service. The notice shall delineate the particular service to be provided, identify the corporation or association with which the board proposes to contract, and the amount proposed to be paid to the corporation or association for performing those services. The notified board or boards, AGENCY, or department has thirty days in which to inform the board of county commissioners of its intention to provide that service itself or authorize the board of county commissioners to contract with the proposed corporation or association to provide the service. If the board of county commissioners receives no response from a notified board, AGENCY, or department within the thirty-day period, the notified board, AGENCY, or department shall be deemed to have authorized the proposed contract. Once the contract is authorized by each notified board, AGENCY, or department, the board of county commissioners may enter into a contract with the corporation or association, as proposed.

(C) In addition to any other terms that the board finds appropriate, any agreement entered into under division (A) of this section shall provide all the following:

(1) That the nonprofit corporation or association shall keep current and accurate accounts of its use of the moneys it receives from the county;

(2) That the nonprofit corporation or association shall, at least annually, have an audit performed in accordance with rules adopted by the auditor of state under section 117.20 of the Revised Code, of any services or programs it has performed with county moneys. A copy of the fiscal audit report shall be provided to the board of county commissioners, the county auditor, and the auditor of state.

(3) That the nonprofit corporation or association is liable to repay to the county any county moneys it receives that are improperly used;

(4) That the nonprofit corporation or association shall repay to the board all county moneys remaining unused at the end of the fiscal year or other accounting period for which the board paid the moneys, except that when the recipient is to receive county moneys in the next succeeding fiscal year or other accounting period following the fiscal year or other accounting period for which the board paid the moneys, the recipient need not repay the county moneys remaining unused.

(5) That the nonprofit corporation or association shall provide the board of county commissioners annually a summary of the program or service activities it has performed with county moneys.

Sec. 307.98. (A) AS USED IN THIS SECTION:

(1) "COUNTY SOCIAL SERVICE AGENCY" MEANS ALL OF THE FOLLOWING:

(a) A COUNTY DEPARTMENT OF HUMAN SERVICES;

(b) A CHILD SUPPORT ENFORCEMENT AGENCY;

(c) A PUBLIC CHILDREN SERVICES AGENCY;

(d) ANOTHER GOVERNMENT ENTITY THAT, PURSUANT TO AN AGREEMENT ENTERED INTO UNDER DIVISION (D) OF THIS SECTION, PERFORMS A SOCIAL SERVICE DUTY;

(e) A CORPORATION OR ASSOCIATION THAT, PURSUANT TO A CONTRACT ENTERED INTO UNDER SECTION 307.851 of the Revised Code, PERFORMS A SOCIAL SERVICE DUTY.

(2) "SOCIAL SERVICE DUTY" MEANS A DUTY THE REVISED CODE REQUIRES OR ALLOWS A COUNTY DEPARTMENT OF HUMAN SERVICES, CHILD SUPPORT ENFORCEMENT AGENCY, OR PUBLIC CHILDREN SERVICES AGENCY TO ASSUME.

(B) EACH BOARD OF COUNTY COMMISSIONERS SHALL ENTER INTO A WRITTEN AGREEMENT WITH THE DIRECTOR OF HUMAN SERVICES IN ACCORDANCE WITH SECTION 5101.21 of the Revised Code. PRIOR TO ENTERING INTO THE AGREEMENT, THE BOARD SHALL CONDUCT A PUBLIC HEARING AND CONSULT WITH THE COUNTY HUMAN SERVICES PLANNING COMMITTEE ESTABLISHED UNDER SECTION 329.06 of the Revised Code. THROUGH THE HEARING AND CONSULTATION, THE BOARD SHALL OBTAIN COMMENTS AND RECOMMENDATIONS CONCERNING WHAT WOULD BE THE COUNTY'S OBLIGATIONS AND RESPONSIBILITIES UNDER THE AGREEMENT.

(C) EACH BOARD OF COUNTY COMMISSIONERS SHALL ENTER INTO A WRITTEN AGREEMENT WITH THE COUNTY SOCIAL SERVICE AGENCIES SERVING THE COUNTY. THE AGREEMENT SHALL ESTABLISH A PLAN OF COOPERATION BETWEEN THE BOARD AND AGENCIES TO ENHANCE THE ADMINISTRATION OF THE PREVENTION AND RETENTION ASSISTANCE COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER SECTION 5107.04 of the Revised Code, IF IMPLEMENTED IN THE COUNTY, AND OTHER SOCIAL SERVICE DUTIES THE BOARD AND AGENCIES AGREE TO INCLUDE IN THE AGREEMENT. THE AGREEMENT SHALL SPECIFY HOW THE COUNTY SOCIAL SERVICE AGENCIES ARE TO COORDINATE AND ENHANCE SERVICES AND ASSISTANCE TO INDIVIDUALS AND FAMILIES. THE AGREEMENT SHALL PROVIDE FOR THE COUNTY DEPARTMENT OF HUMAN SERVICES AND GOVERNMENT ENTITIES, CORPORATIONS, AND ASSOCIATIONS PERFORMING A COUNTY DEPARTMENT OF HUMAN SERVICES DUTY PURSUANT TO SECTION 307.851 of the Revised Code OR DIVISION (D) OF THIS SECTION TO COMPLY WITH THE AGREEMENT ENTERED INTO UNDER DIVISION (B) OF THIS SECTION. IF THE AGREEMENT UNDER DIVISION (B) OF THIS SECTION INCLUDES THE DUTIES OF A CHILD SUPPORT ENFORCEMENT AGENCY AND PUBLIC CHILDREN SERVICES AGENCY, THE AGREEMENT ALSO SHALL PROVIDE FOR THE CHILD SUPPORT ENFORCEMENT AGENCY, PUBLIC CHILDREN SERVICES AGENCY, GOVERNMENT ENTITIES PERFORMING A DUTY OF EITHER OR BOTH OF THE AGENCIES PURSUANT TO DIVISION (D) OF THIS SECTION, AND CORPORATIONS AND ASSOCIATIONS PERFORMING A DUTY OF THE PUBLIC CHILDREN SERVICES AGENCY PURSUANT TO SECTION 307.851 OF THE REVISED CODE TO COMPLY.

(D)(1) TO IMPROVE THE EFFICIENCY AND EFFECTIVENESS OF THE PERFORMANCE OF SOCIAL SERVICE DUTIES, A BOARD OF COUNTY COMMISSIONERS MAY DO THE FOLLOWING:

(a) ENTER INTO A WRITTEN AGREEMENT WITH A GOVERNMENT ENTITY THAT SERVES THE COUNTY THE BOARD SERVES TO PERFORM ONE OR MORE SOCIAL SERVICE DUTIES IN THAT COUNTY OR, PURSUANT TO DIVISION (D)(1)(b)OF THIS SECTION, ANOTHER COUNTY.

(b) ENTER INTO A WRITTEN AGREEMENT WITH ANOTHER BOARD OF COUNTY COMMISSIONERS TO HAVE A GOVERNMENT ENTITY THAT HAS ENTERED INTO AN AGREEMENT UNDER DIVISION (D)(1)(a)OF THIS SECTION PERFORM ONE OR MORE SOCIAL SERVICE DUTIES IN THE OTHER COUNTY.

(2) WHEN A GOVERNMENT ENTITY ASSUMES A SOCIAL SERVICE DUTY UNDER DIVISION (D)(1) OF THIS SECTION, THE ENTITY SHALL BE DEEMED TO BE THE COUNTY DEPARTMENT OF HUMAN SERVICES, CHILD SUPPORT ENFORCEMENT AGENCY, OR PUBLIC CHILDREN SERVICES AGENCY FOR PURPOSES OF FEDERAL LAW OR REGULATIONS, THE REVISED CODE, OR A STATE RULE THAT REQUIRES, PERMITS, OR PROHIBITS AN ACTION REGARDING THE SOCIAL SERVICE DUTY TO BE, OR FROM BEING, TAKEN.

(3) IF ONE OR MORE AGREEMENTS ENTERED INTO UNDER DIVISION (D)(1) OF THIS SECTION OR CONTRACTS ENTERED INTO UNDER SECTION 307.851 of the Revised Code RESULT IN ALL THE DUTIES OF A COUNTY DEPARTMENT OF HUMAN SERVICES, CHILD SUPPORT ENFORCEMENT AGENCY, OR PUBLIC CHILDREN SERVICES AGENCY BEING ASSUMED BY ONE OR MORE CORPORATIONS, ASSOCIATIONS, OR GOVERNMENT ENTITIES, THE CORPORATION, ASSOCIATION, OR GOVERNMENT ENTITY THAT HAS ASSUMED ALL OR MOST OF THE DUTIES OF THE COUNTY DEPARTMENT OF HUMAN SERVICES, CHILD SUPPORT ENFORCEMENT AGENCY, OR PUBLIC CHILDREN SERVICES AGENCY SHALL BE THE COUNTY DEPARTMENT OF HUMAN SERVICES, CHILD SUPPORT ENFORCEMENT AGENCY, OR PUBLIC CHILDREN SERVICES AGENCY FOR THAT COUNTY.

(E) A BOARD OF COUNTY COMMISSIONERS MAY ENTER INTO A WRITTEN AGREEMENT WITH A PERSON OR GOVERNMENT ENTITY TO ESTABLISH A COMPREHENSIVE PLAN FOR INDIVIDUALS AND FAMILIES RECEIVING ASSISTANCE OR SERVICES FROM A COUNTY SOCIAL SERVICES AGENCY OR PERSON OR GOVERNMENT ENTITY REPRESENTED ON THE FAMILY AND CHILDREN FIRST COUNCIL OR LOCAL INTERSYSTEM SERVICES TO CHILDREN CLUSTER SERVING THE COUNTY THE BOARD SERVES. AN AGREEMENT SHALL PROVIDE FOR THE ENHANCEMENT OF THE ADMINISTRATION OF THE ASSISTANCE AND SERVICES AND, TO THE EXTENT POSSIBLE, EMPLOYMENT OPPORTUNITIES. THE BOARD SHALL DETERMINE THE SCOPE, DURATION, AND TERMS OF AN AGREEMENT. IF THE PREVENTION AND RETENTION ASSISTANCE COMPONENT OF THE OHIO WORKS FIRST PROGRAM IS IMPLEMENTED IN THE COUNTY, ASSISTANCE PROVIDED UNDER THE COMPONENT SHALL BE INCLUDED IN AN AGREEMENT.

(F) TO THE EXTENT FEDERAL STATUTES AND REGULATIONS AND THE REVISED CODE PERMIT, AN AGREEMENT ENTERED INTO UNDER DIVISION (C) OR (E) OF THIS SECTION MAY AUTHORIZE THE PARTIES TO THE AGREEMENT TO EXCHANGE WITH EACH OTHER INFORMATION NEEDED TO IMPROVE SERVICES AND ASSISTANCE TO INDIVIDUALS AND FAMILIES AND THE PROTECTION OF CHILDREN.

(G) AN AGREEMENT ENTERED INTO UNDER THIS SECTION SHALL:

(1) BE COORDINATED AND NOT CONFLICT WITH ANOTHER AGREEMENT ENTERED INTO UNDER THIS SECTION OR SECTION 329.05 of the Revised Code;

(2) PROHIBIT DISCRIMINATION IN HIRING AND PROMOTION AGAINST APPLICANTS FOR AND RECIPIENTS OF ASSISTANCE UNDER THE OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER CHAPTER 5107. of the Revised Code;

(3) COMPLY WITH FEDERAL STATUTES AND REGULATIONS AND THE REVISED CODE;

(4) BE ADOPTED BY RESOLUTION OF A BOARD OF COUNTY COMMISSIONERS.

(H) A BOARD OF COUNTY COMMISSIONERS OR COUNTY SOCIAL SERVICE AGENCY SUBJECT TO AN AGREEMENT ENTERED INTO UNDER THIS SECTION SHALL PROMPTLY AND WITHOUT CHARGE PROVIDE A COPY OF THE AGREEMENT TO ANY PERSON OR GOVERNMENT ENTITY ON REQUEST.

Sec. 319.16. The county auditor shall issue warrants on the county treasurer for all moneys payable from the county treasury, upon presentation of the proper order or voucher and evidentiary matter for the moneys, and keep a record of all such warrants showing the number, date of issue, amount for which drawn, in whose favor, for what purpose, and on what fund. The auditor shall not issue a warrant for the payment of any claim against the county, unless it is allowed by the board of county commissioners, except where the amount due is fixed by law or is allowed by an officer or tribunal, including a county board of mental health or county board of mental retardation and developmental disabilities, so authorized by law. If the auditor questions the validity of an expenditure that is within available appropriations and for which a proper order or voucher and evidentiary matter is presented, the auditor shall notify the board, officer, or tribunal who presented the voucher. If the board, officer, or tribunal determines that the expenditure is valid and the auditor continues to refuse to issue the appropriate warrant on the county treasury, a writ of mandamus may be sought. The court shall issue a writ of mandamus for issuance of the warrant if the court determines that the claim is valid.

Evidentiary matter includes original invoices, receipts, bills and checks, and legible copies of contracts.

If a financial institution and account have been designated under section 329.03 of the Revised Code, financial assistance payments made by the county auditor to a recipient of disability assistance pursuant to Chapter 5115. of the Revised Code shall be made by direct deposit to the account of the recipient in the financial institution. If payments to recipients of aid to dependent children THE OHIO WORKS COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED under Chapter 5107. of the Revised Code are being made by the county auditor under section 5107.01 of the Revised Code and a financial institution and account have been designated under section 329.03 of the Revised Code, payments for aid to dependent children THE OHIO WORKS COMPONENT shall be made by direct deposit to the account of the recipient in the financial institution. The county auditor shall contract with an authorized financial institution for the services necessary to make such direct deposits and draw lump sum warrants payable to that institution in the amount of the payments to be transferred.

Sec. 5107.15 329.022. Within the appropriation for personal services, each county administration DEPARTMENT OF HUMAN SERVICES may employ the necessary employees who, except for the county director of human services as provided in section 329.02 of the Revised Code, shall be in the classified service. Compensation for positions in each service, group, or grade established by the director of administrative services shall not be less than the minimum nor more than the maximum rates established by the director for such positions. The department of human services shall cooperate with the director in establishing the qualifications of persons to be employed, and the classification and rates of compensation of such positions under sections 5107.01 to 5107.15 of the Revised Code COUNTY DEPARTMENT EMPLOYEES.

Sec. 329.03. (A) As used in this section:

(1) "Applicant" or "recipient" means an applicant for or recipient of aid to dependent children THE OHIO WORKS COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED under Chapter 5107. of the Revised Code or disability assistance under Chapter 5115. of the Revised Code.

(2) "Voluntary direct deposit" means a system established pursuant to this section under which assistance payments to recipients who agree to direct deposit are made by direct deposit by electronic transfer to an account in a financial institution designated under this section.

(3) "Mandatory direct deposit" means a system established pursuant to this section under which assistance payments to all recipients of aid to dependent children THE OHIO WORKS COMPONENT or disability assistance, other than those exempt under division (E) of this section, are made by direct deposit by electronic transfer to an account in a financial institution designated under this section.

(B) Any board of county commissioners may by adoption of a resolution require the county department of human services to establish a direct deposit system for distributing assistance payments under aid to dependent children THE OHIO WORKS COMPONENT, disability assistance, or both programs, IF THE STATE DEPARTMENT OF HUMAN SERVICES HAS PROVIDED PURSUANT TO SECTIONS 5107.01 AND 5115.02 of the Revised Code FOR COUNTIES TO DISTRIBUTE THE ASSISTANCE PAYMENTS. Voluntary OR MANDATORY direct deposit may be applied to either of the programs; mandatory direct deposit may be applied to the disability assistance program and, unless prohibited by federal law, to the aid to dependent children program. The resolution shall specify for each program for which direct deposit is to be established whether direct deposit is voluntary or mandatory. The board may require the department to change or terminate direct deposit by adopting a resolution to change or terminate it. Within ninety days after adopting a resolution under this division, the board shall certify one copy of the resolution to the state director of human services and one copy to the office of budget and management. The state department of human services may adopt rules governing establishment of direct deposit by county departments of human services.

The county department of human services shall determine what type of account will be used for direct deposit and negotiate with financial institutions to determine the charges, if any, to be imposed by a financial institution for establishing and maintaining such accounts. Under voluntary direct deposit, the county department of human services may pay all charges imposed by a financial institution for establishing and maintaining an account in which direct deposits are made for a recipient. Under mandatory direct deposit, the county department of human services shall pay all charges imposed by a financial institution for establishing and maintaining such an account. No financial institution shall impose any charge for such an account that the institution does not impose on its other customers for the same type of account. Direct deposit does not affect the exemption of aid to dependent children THE OHIO WORKS COMPONENT and disability assistance from attachment, garnishment, or other like process afforded by sections 5107.12 and 5115.07 of the Revised Code.

(C) The county department of human services shall, within sixty days after a resolution requiring the establishment of direct deposit is adopted, establish procedures governing direct deposit.

Within one hundred eighty days after the resolution is adopted, the county department shall:

(1) Inform each applicant or recipient of the procedures governing direct deposit, including in the case of voluntary direct deposit those that prescribe the conditions under which a recipient may change from one method of payment to another;

(2) Obtain from each applicant or recipient an authorization form to designate a financial institution equipped for and authorized by law to accept direct deposits by electronic transfer and the account into which the applicant or recipient wishes the payments to be made, or in the case of voluntary direct deposit states the applicant's or recipient's election to receive such payments in the form of a paper warrant.

The department may require a recipient to complete a new authorization form whenever the department considers it necessary.

A recipient's designation of a financial institution and account shall remain in effect until withdrawn in writing or dishonored by the financial institution, except that no change may be made in the authorization form until the next eligibility redetermination of the recipient unless the department feels that good grounds exist for an earlier change.

(D) An applicant or recipient without an account who either agrees or is required to receive payments by direct deposit shall have ten days after receiving the authorization form to designate an account suitable for direct deposit. If within the required time the applicant or recipient does not make the designation or requests that the department make the designation, the department shall designate a financial institution and help the recipient to open an account.

(E) At the time of giving an applicant or recipient the authorization form, the county department of human services of a county with mandatory direct deposit shall inform each applicant or recipient of the basis for exemption and the right to request exemption from direct deposit.

Under mandatory direct deposit, an applicant or recipient who wishes to receive payments in the form of a paper warrant shall record on the authorization form a request for exemption under this division and the basis for the exemption.

The department shall exempt from mandatory direct deposit any recipient who requests exemption and is any of the following:

(1) Over age sixty-five;

(2) Blind or disabled;

(3) Likely, in the judgment of the department, to be caused personal hardship by direct deposit.

A recipient granted an exemption under this division shall receive payments for which the recipient is eligible in the form of paper warrants.

(F) The county department of human services shall bear the full cost of the amount of any replacement warrant issued to a recipient for whom an authorization form as provided in this section has not been obtained within one hundred eighty days after the later of the date the board of county commissioners adopts a resolution requiring payments of financial assistance by direct deposit to accounts of recipients of aid to dependent children THE OHIO WORKS COMPONENT or disability assistance or the date the recipient made application for assistance, and shall not be reimbursed by the state for any part of the cost. Thereafter, the county department of human services shall continue to bear the full cost of each replacement warrant issued until the board of county commissioners requires the county department of human services to obtain from each such recipient the authorization forms as provided in this section.

Sec. 329.04. (A) The county department of human services shall have, exercise, and perform, under the control and direction of the board of county commissioners, the following powers and duties:

(A) To be the "county administration" for all purposes of Chapter 5107. of the Revised Code;

(B)(1) To perform PERFORM any duties assigned by the department of human services regarding the provision of public social services, including the provision of services authorized under Title IV-A and Title XX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, to prevent or reduce economic or personal dependency and to strengthen family life, or, if the county department is designated as the child support enforcement agency under section 2301.35 of the Revised Code, to perform or contract with other government agencies to perform services authorized under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended.;

(2) The county department of human services shall, in the development of the county plan for the administration of public social services under Title XX of the "Social Security Act," 88 Stat. 2337, 42 U.S.C. 1397, as amended, do both of the following:

(a) Consider the comments and recommendations made during local public hearings held under section 329.07 of the Revised Code;

(b) Prepare a local needs report analyzing local need for Title XX services in compliance with the guidelines developed by the department of human services pursuant to section 5101.461 of the Revised Code. The county department of human services shall consider the local needs report in the development of the county Title XX plan.

The plan shall list the services for which descriptions are established under division (D)(4) of section 5101.46 of the Revised Code that will be provided by the county with Title XX funds and the eligibility categories listed under divisions (E)(1), (2), and (3) of section 5101.46 of the Revised Code that will be provided with each of these services.

(3) The county department, upon approval of the comprehensive social services program plan by the general assembly under section 5101.461 of the Revised Code and prior to the effective date of the plan, shall take steps necessary to ensure the efficient administration of public social services under the plan, including the negotiation of contracts with providers of services and the performance of other duties assigned to it by the department of human services.

(C) To administer ADMINISTER disability assistance under Chapter 5115. of the Revised Code as required by the state department of human services;

(D) To administer (3) ADMINISTER burials insofar as the administration of burials was, prior to September 12, 1947, imposed upon the board;

(E) To cooperate (4) COOPERATE with state and federal authorities in any matter relating to human services and to act as the agent of such authorities;

(F) To submit (5) SUBMIT an annual account of its work and expenses to the board OF COUNTY COMMISSIONERS and to the department of human services at the close of each fiscal year;

(G) To exercise (6) EXERCISE any powers and duties relating to human services imposed upon the county department of human services by law, by resolution of the board of county commissioners, or by order of the governor, when authorized by law, to meet emergencies during war or peace. The board may designate the county department of human services to exercise and perform any additional human services powers and duties which the board has.

(H) To determine;

(7) EXCEPT AS PROVIDED IN SECTION 5111.012 of the Revised Code, DETERMINE the eligibility for medical assistance of recipients of aid under Title XVI of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended;

(I)(8) If the county department is designated as the child support enforcement agency under section 2301.35 of the Revised Code, to operate the agency in accordance with sections 2301.34 to 2301.44 of the Revised Code;

(9) ENTER INTO A WRITTEN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS UNDER DIVISION (C) OF SECTION 307.98 of the Revised Code AND COMPLY WITH AGREEMENTS THE BOARD ENTERS INTO UNDER THAT SECTION THAT AFFECT THE COUNTY DEPARTMENT.

(B) THE POWERS AND DUTIES OF A COUNTY DEPARTMENT OF HUMAN SERVICES ARE, AND SHALL BE EXERCISED AND PERFORMED, UNDER THE CONTROL AND DIRECTION OF THE BOARD OF COUNTY COMMISSIONERS. THE BOARD MAY ASSIGN TO THE COUNTY DEPARTMENT ANY POWER OR DUTY OF THE BOARD REGARDING HUMAN SERVICES.

Sec. 329.05. The county department of human services may administer or assist in administering any state or local public welfare HUMAN SERVICES activity other than IN ADDITION TO those mentioned in section 329.04 of the Revised Code, supported wholly or in part by public funds from any source provided by agreement between the board of county commissioners and the officer, department, board, or agency in which the administration of such activity is vested. Such officer, department, board, or agency may enter into such agreement and confer upon the county department of human services, to the extent and in particulars specified in the agreement, the performance of any duties and the exercise of any powers imposed upon or vested in such officer, board, department, or agency, with respect to the administration of such activity. Such agreement shall be in the form of a resolution of the board of county commissioners, accepted in writing by the other party to the agreement, and filed in the office of the county auditor, and when so filed, shall have the effect of transferring the exercise of the powers and duties to which the agreement relates and shall exempt the other party from all further responsibility for the exercise of the powers and duties so transferred, during the life of the agreement. Such

SUCH agreement SHALL BE COORDINATED AND NOT CONFLICT WITH AN AGREEMENT ENTERED INTO UNDER SECTION 307.98 of the Revised Code. IT may be revoked at the option of either party, by a resolution or order of the revoking party filed in the office of the auditor. Such revocation shall become effective at the end of the fiscal year occurring at least six months following the filing of the resolution or order. In the absence of such an express revocation so filed, the agreement shall continue indefinitely. This

THIS section does not permit a county department of human services to manage or control county or district tuberculosis or other hospitals, humane societies, detention homes, jails or probation departments of courts, or veterans service commissions.

Sec. 329.051. The county department of human services shall make available to persons who are applying for or receiving assistance from the general assistance program, the disability assistance program, the OHIO WORKS FIRST program for aid for dependent children, and the medical assistance program, voter registration applications as prescribed by the secretary of state under section 3503.10 of the Revised Code.

Sec. 329.06. The (A) EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION, THE board of county commissioners shall appoint ESTABLISH a county welfare HUMAN SERVICES advisory board COMMITTEE. The board shall have not less than nine nor more than seventeen members, the majority of whom shall be consumers of services offered by the county department of human services or by nonprofit private or public agencies under contract with the department, or representatives of such consumers. One member shall be the juvenile judge, or his designee. At least one member shall be a representative, other than an employee, of a nonpublic agency providing health or social services in the county, two shall be members of the county children services board in counties where there is such a board, and at least one shall be a social worker. At least one member shall be over sixty years of age. The members from the county children services board shall be appointed by the county children services board and the other members, excluding the juvenile judge or his designee, shall be appointed by the board of county commissioners. The terms of office of all members except the juvenile judge or his designee shall be for three years. The executive directors of the board of alcohol, drug addiction, and mental health services and the county children services board and the superintendent of the county board of mental retardation and developmental disabilities shall be ex officio nonvoting members of the board.

The board of county commissioners shall remove from membership on the county welfare advisory board any person having three consecutive unexcused absences from regular meetings, as "unexcused absences" are defined by the advisory board.

Each person appointed shall serve until his successor is appointed and qualified. Any vacancy shall be filled for the unexpired term in the same manner as an original appointment. Members of the county welfare advisory board shall serve as such without compensation, except that they shall receive reimbursement for necessary and actual expenses incurred in the performance of their duties. THE BOARD SHALL APPOINT A MEMBER TO REPRESENT THE COUNTY DEPARTMENT OF HUMAN SERVICES. THE BOARD SHALL APPOINT OTHER INDIVIDUALS TO THE COMMITTEE IN SUCH A MANNER THAT THE COMMITTEE'S MEMBERSHIP IS BROADLY REPRESENTATIVE OF THE GROUPS OF INDIVIDUALS AND THE PUBLIC AND PRIVATE ENTITIES THAT HAVE AN INTEREST IN THE SOCIAL SERVICES PROVIDED IN THE COUNTY. THE FOLLOWING GROUPS AND ENTITIES MAY BE REPRESENTED ON THE COMMITTEE:

(1) CONSUMERS OF SOCIAL SERVICES;

(2) PUBLIC ENTITIES THAT PROVIDE SOCIAL SERVICES, INCLUDING BOARDS OF HEALTH, BOARDS OF EDUCATION, THE COUNTY BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, AND THE BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES THAT SERVES THE COUNTY;

(3) PRIVATE NONPROFIT AND FOR-PROFIT ENTITIES THAT PROVIDE SOCIAL SERVICES IN THE COUNTY OR THAT ADVOCATE FOR CONSUMERS OF SOCIAL SERVICES IN THE COUNTY;

(4) ANY OTHER GROUP OR ENTITY THAT HAS AN INTEREST IN THE SOCIAL SERVICES PROVIDED IN THE COUNTY, INCLUDING GROUPS OR ENTITIES THAT REPRESENT ANY OF THE COUNTY'S BUSINESS, URBAN, AND RURAL SECTORS.

(B) THE COUNTY HUMAN SERVICES PLANNING COMMITTEE SHALL DO ALL OF THE FOLLOWING:

(1) SERVE AS AN ADVISORY BODY TO THE BOARD OF COUNTY COMMISSIONERS WITH REGARD TO THE SOCIAL SERVICES PROVIDED IN THE COUNTY, INCLUDING ASSISTANCE UNDER CHAPTER 5107. OF THE REVISED CODE, PUBLICLY FUNDED CHILD DAY-CARE UNDER CHAPTER 5104. OF THE REVISED CODE, AND SOCIAL SERVICES PROVIDED UNDER SECTIONS 5101.45 AND 5101.461 TO 5101.465 OF THE REVISED CODE;

(2) PROVIDE COMMENTS AND RECOMMENDATIONS TO THE BOARD PRIOR TO THE BOARD'S ENTERING INTO AN AGREEMENT UNDER DIVISION (B) OF SECTION 307.98 OF THE REVISED CODE;

(3) IN ACCORDANCE WITH SECTION 5101.461 OF THE REVISED CODE, CONDUCT PUBLIC HEARINGS ON PROPOSED COUNTY PROFILES FOR THE PROVISION OF SOCIAL SERVICES UNDER SECTIONS 5101.46 AND 5101.461 TO 5101.465 OF THE REVISED CODE;

(4) AT THE REQUEST OF THE BOARD, MAKE RECOMMENDATIONS AND PROVIDE ASSISTANCE REGARDING THE SOCIAL SERVICES PROVIDED IN THE COUNTY;

(5) AT ANY OTHER TIME THE COMMITTEE CONSIDERS APPROPRIATE, CONSULT WITH THE BOARD AND MAKE RECOMMENDATIONS REGARDING THE SOCIAL SERVICES PROVIDED IN THE COUNTY. THE COMMITTEE'S RECOMMENDATIONS MAY ADDRESS THE FOLLOWING:

(a) IMPLEMENTATION AND ADMINISTRATION OF SOCIAL SERVICE PROGRAMS;

(b) USE OF FEDERAL, STATE, AND LOCAL FUNDS AVAILABLE FOR SOCIAL SERVICE PROGRAMS;

(c) ESTABLISHMENT OF GOALS TO BE ACHIEVED BY SOCIAL SERVICE PROGRAMS;

(d) EVALUATION OF THE OUTCOMES OF SOCIAL SERVICE PROGRAMS;

(e) ANY OTHER MATTER THE COMMITTEE CONSIDERS RELEVANT TO THE PROVISION OF SOCIAL SERVICES.

(C) IF THERE IS A COMMITTEE IN EXISTENCE IN A COUNTY ON THE EFFECTIVE DATE OF THIS AMENDMENT THAT THE BOARD OF COUNTY COMMISSIONERS DETERMINES IS CAPABLE OF FULFILLING THE RESPONSIBILITIES OF A COUNTY HUMAN SERVICES PLANNING COMMITTEE, THE BOARD MAY DESIGNATE THE COMMITTEE AS THE COUNTY'S HUMAN SERVICES PLANNING COMMITTEE AND THE COMMITTEE SHALL SERVE IN THAT CAPACITY.

Sec. 329.09. All moneys received by each county from the state, or from the federal government under the "Social Security Act," or any act of the congress amendatory of or in substitution for such act, for aid to dependent children OHIO WORKS FIRST UNDER CHAPTER 5107. of the Revised Code or for any other welfare activity, shall be considered appropriated for the purposes for which such moneys were received.

Sec. 2151.011. (A) As used in the Revised Code:

(1) "Juvenile court" means the division of the court of common pleas or a juvenile court separately and independently created having jurisdiction under this chapter.

(2) "Juvenile judge" means a judge of a court having jurisdiction under this chapter.

(3) "PRIVATE CHILD PLACING AGENCY" MEANS ANY ASSOCIATION, AS DEFINED IN SECTION 5103.02 of the Revised Code, THAT IS CERTIFIED PURSUANT TO SECTIONS 5103.03 TO 5103.05 of the Revised Code TO ACCEPT TEMPORARY, PERMANENT, OR LEGAL CUSTODY OF CHILDREN AND PLACE THE CHILDREN FOR EITHER FOSTER CARE OR ADOPTION.

(4) "PRIVATE NONCUSTODIAL AGENCY" MEANS ANY PERSON, ORGANIZATION, ASSOCIATION, OR SOCIETY CERTIFIED BY THE DEPARTMENT OF HUMAN SERVICES THAT DOES NOT ACCEPT TEMPORARY OR PERMANENT LEGAL CUSTODY OF CHILDREN, THAT IS PRIVATELY OPERATED IN THIS STATE, AND THAT DOES ONE OR MORE OF THE FOLLOWING:

(a) RECEIVES AND CARES FOR CHILDREN FOR TWO OR MORE CONSECUTIVE WEEKS;

(b) PARTICIPATES IN THE PLACEMENT OF CHILDREN IN FAMILY FOSTER HOMES;

(c) PROVIDES ADOPTION SERVICES IN CONJUNCTION WITH A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY.

(B) As used in this chapter:

(1) "ADEQUATE PARENTAL CARE" MEANS THE PROVISION BY A CHILD'S PARENT OR PARENTS, GUARDIAN, OR CUSTODIAN OF ADEQUATE FOOD, CLOTHING, AND SHELTER TO ENSURE THE CHILD'S HEALTH AND PHYSICAL SAFETY AND THE PROVISION BY A CHILD'S PARENT OR PARENTS OF SPECIALIZED SERVICES WARRANTED BY THE CHILD'S PHYSICAL OR MENTAL NEEDS.

(2) "ADULT" MEANS AN INDIVIDUAL WHO IS EIGHTEEN YEARS OF AGE OR OLDER.

(3) "AGREEMENT FOR TEMPORARY CUSTODY" MEANS A VOLUNTARY AGREEMENT AUTHORIZED BY SECTION 5103.15 of the Revised Code THAT TRANSFERS THE TEMPORARY CUSTODY OF A CHILD TO A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY.

(4) "BABYSITTING CARE" MEANS CARE PROVIDED FOR A CHILD WHILE THE PARENTS, GUARDIAN, OR LEGAL CUSTODIAN OF THE CHILD ARE TEMPORARILY AWAY.

(5) "CERTIFIED FAMILY FOSTER HOME" MEANS A FAMILY FOSTER HOME OPERATED BY PERSONS HOLDING A CERTIFICATE IN FORCE, ISSUED UNDER SECTION 5103.03 of the Revised Code.

(6)(a) "Child" means a person who is under eighteen years of age, except as otherwise provided in divisions (B)(1)(6)(b) to (f) of this section.

(b) Subject to division (B)(1)(6)(c) of this section, any person who violates a federal or state law or municipal ordinance prior to attaining eighteen years of age shall be deemed a "child" irrespective of that person's age at the time the complaint is filed or the hearing on the complaint is held.

(c) Any person who, while under eighteen years of age, commits an act that would be a felony if committed by an adult and who is not taken into custody or apprehended for that act until after the person attains twenty-one years of age is not a child in relation to that act.

(d) Any person whose case is transferred for criminal prosecution pursuant to division (B) or (C) of section 2151.26 of the Revised Code shall after the transfer be deemed not to be a child in the transferred case.

(e) Subject to division (B)(1)(6)(f) of this section, any person whose case is transferred for criminal prosecution pursuant to division (B) or (C) of section 2151.26 of the Revised Code and who subsequently is convicted of or pleads guilty to a felony in that case shall after the transfer be deemed not to be a child in any case in which the person is alleged to have committed prior to or subsequent to the transfer an act that would be an offense if committed by an adult. Division (B)(1)(6)(e) of this section applies to a case regardless of whether the prior or subsequent act that is alleged in the case and that would be an offense if committed by an adult allegedly was committed in the same county in which the case was transferred or in another county and regardless of whether the complaint in the case involved was filed in the same county in which the case was transferred or in another county. Division (B)(1)(6)(e) of this section applies to a case that involves an act committed prior to the transfer only when the prior act alleged in the case has not been disposed of by a juvenile court or trial court.

(f) Notwithstanding division (B)(1)(6)(e) of this section, if a person's case is transferred for criminal prosecution pursuant to division (B) or (C) of section 2151.26 of the Revised Code and if the person subsequently is convicted of or pleads guilty to a felony in that case, thereafter, the person shall be considered a child solely for the following purposes in relation to any act the person subsequently commits that would be an offense if committed by an adult:

(i) For purposes of the filing of a complaint alleging that the child is a delinquent child for committing the act that would be an offense if committed by an adult;

(ii) For purposes of the juvenile court conducting a hearing under division (B) of section 2151.26 of the Revised Code relative to the complaint described in division (B)(1)(6)(f)(i) of this section to determine whether division (B)(1) of section 2151.26 of the Revised Code applies and requires that the case be transferred for criminal prosecution to the appropriate court having jurisdiction of the offense.

(2) "Adult" means an individual who is eighteen years of age or older.

(3)(7) "CHILD DAY CAMP," "CHILD DAY-CARE," "CHILD DAY-CARE CENTER," "PART-TIME CHILD DAY-CARE CENTER," "TYPE A FAMILY DAY-CARE HOME," "CERTIFIED TYPE B FAMILY DAY-CARE HOME," "TYPE B HOME," "ADMINISTRATOR OF A CHILD DAY-CARE CENTER," "ADMINISTRATOR OF A TYPE A FAMILY DAY-CARE HOME," "IN-HOME AIDE," AND "AUTHORIZED PROVIDER" HAVE THE SAME MEANINGS AS IN SECTION 5104.01 of the Revised Code.

(8) "CHILD DAY-CARE PROVIDER" MEANS AN INDIVIDUAL WHO IS A CHILD-CARE STAFF MEMBER OR ADMINISTRATOR OF A CHILD DAY-CARE CENTER, A TYPE A FAMILY DAY-CARE HOME, OR A TYPE B FAMILY DAY-CARE HOME, OR AN IN-HOME AIDE OR AN INDIVIDUAL WHO IS LICENSED, IS REGULATED, IS APPROVED, OPERATES UNDER THE DIRECTION OF, OR OTHERWISE IS CERTIFIED BY THE DEPARTMENT OF HUMAN SERVICES, DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, OR THE EARLY CHILDHOOD PROGRAMS OF THE DEPARTMENT OF EDUCATION.

(9) "COMMIT" MEANS TO VEST CUSTODY AS ORDERED BY THE COURT.

(10) "COUNSELING" INCLUDES BOTH OF THE FOLLOWING:

(a) GENERAL COUNSELING SERVICES PERFORMED BY A PUBLIC CHILDREN SERVICES AGENCY OR SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE TO ASSIST A CHILD, A CHILD'S PARENTS, AND A CHILD'S SIBLINGS IN ALLEVIATING IDENTIFIED PROBLEMS THAT MAY CAUSE OR HAVE CAUSED THE CHILD TO BE AN ABUSED, NEGLECTED, OR DEPENDENT CHILD.

(b) PSYCHIATRIC OR PSYCHOLOGICAL THERAPEUTIC COUNSELING SERVICES PROVIDED TO CORRECT OR ALLEVIATE ANY MENTAL OR EMOTIONAL ILLNESS OR DISORDER AND PERFORMED BY A LICENSED PSYCHIATRIST, LICENSED PSYCHOLOGIST, OR A PERSON LICENSED UNDER CHAPTER 4757. of the Revised Code TO ENGAGE IN SOCIAL WORK OR PROFESSIONAL COUNSELING.

(11) "CUSTODIAN" MEANS A PERSON WHO HAS LEGAL CUSTODY OF A CHILD OR A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY THAT HAS PERMANENT, TEMPORARY, OR LEGAL CUSTODY OF A CHILD.

(12) "Detention" means the temporary care of children pending court adjudication or disposition, or execution of a court order, in a public or private facility designed to physically restrict the movement and activities of children.

(4)(13) "DEVELOPMENTAL DISABILITY" HAS THE SAME MEANING AS IN SECTION 5123.01 of the Revised Code.

(14) "FAMILY FOSTER HOME" MEANS A PRIVATE RESIDENCE IN WHICH CHILDREN ARE RECEIVED APART FROM THEIR PARENTS, GUARDIAN, OR LEGAL CUSTODIAN BY AN INDIVIDUAL FOR HIRE, GAIN, OR REWARD FOR NONSECURE CARE, SUPERVISION, OR TRAINING TWENTY-FOUR HOURS A DAY. "FAMILY FOSTER HOME" DOES NOT INCLUDE BABYSITTING CARE PROVIDED FOR A CHILD IN THE HOME OF A PERSON OTHER THAN THE HOME OF THE PARENTS, GUARDIAN, OR LEGAL CUSTODIAN OF THE CHILD.

(15) "FOSTER HOME" MEANS A FAMILY HOME IN WHICH ANY CHILD IS RECEIVED APART FROM THE CHILD'S PARENTS FOR CARE, SUPERVISION, OR TRAINING.

(16) "GUARDIAN" MEANS A PERSON, ASSOCIATION, OR CORPORATION THAT IS GRANTED AUTHORITY BY A PROBATE COURT PURSUANT TO CHAPTER 2111. of the Revised Code TO EXERCISE PARENTAL RIGHTS OVER A CHILD TO THE EXTENT PROVIDED IN THE COURT'S ORDER AND SUBJECT TO THE RESIDUAL PARENTAL RIGHTS OF THE CHILD'S PARENTS.

(17) "LEGAL CUSTODY" MEANS A LEGAL STATUS THAT VESTS IN THE CUSTODIAN THE RIGHT TO HAVE PHYSICAL CARE AND CONTROL OF THE CHILD AND TO DETERMINE WHERE AND WITH WHOM THE CHILD SHALL LIVE, AND THE RIGHT AND DUTY TO PROTECT, TRAIN, AND DISCIPLINE THE CHILD AND TO PROVIDE THE CHILD WITH FOOD, SHELTER, EDUCATION, AND MEDICAL CARE, ALL SUBJECT TO ANY RESIDUAL PARENTAL RIGHTS, PRIVILEGES, AND RESPONSIBILITIES. AN INDIVIDUAL GRANTED LEGAL CUSTODY SHALL EXERCISE THE RIGHTS AND RESPONSIBILITIES PERSONALLY UNLESS OTHERWISE AUTHORIZED BY ANY SECTION of the Revised Code OR BY THE COURT.

(18) "LONG-TERM FOSTER CARE" MEANS AN ORDER OF A JUVENILE COURT PURSUANT TO WHICH BOTH OF THE FOLLOWING APPLY:

(a) LEGAL CUSTODY OF A CHILD IS GIVEN TO A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY WITHOUT THE TERMINATION OF PARENTAL RIGHTS.

(b) THE AGENCY IS PERMITTED TO MAKE AN APPROPRIATE PLACEMENT OF THE CHILD AND TO ENTER INTO A WRITTEN LONG-TERM FOSTER CARE AGREEMENT WITH A FOSTER CARE PROVIDER OR WITH ANOTHER PERSON OR AGENCY WITH WHOM THE CHILD IS PLACED.

(19) "MENTAL ILLNESS" AND "MENTALLY ILL PERSON SUBJECT TO HOSPITALIZATION BY COURT ORDER" HAVE THE SAME MEANINGS AS IN SECTION 5122.01 of the Revised Code.

(20) "MENTAL INJURY" MEANS ANY BEHAVIORAL, COGNITIVE, EMOTIONAL, OR MENTAL DISORDER IN A CHILD CAUSED BY AN ACT OR OMISSION THAT IS DESCRIBED IN SECTION 2919.22 of the Revised Code AND IS COMMITTED BY THE PARENT OR OTHER PERSON RESPONSIBLE FOR THE CHILD'S CARE.

(21) "MENTALLY RETARDED PERSON" HAS THE SAME MEANING AS IN SECTION 5123.01 of the Revised Code.

(22) "NONSECURE CARE, SUPERVISION, OR TRAINING" MEANS CARE, SUPERVISION, OR TRAINING OF A CHILD IN A FACILITY THAT DOES NOT CONFINE OR PREVENT MOVEMENT OF THE CHILD WITHIN THE FACILITY OR FROM THE FACILITY.

(23) "ORGANIZATION" MEANS ANY INSTITUTION, PUBLIC, SEMIPUBLIC, OR PRIVATE, AND ANY PRIVATE ASSOCIATION, SOCIETY, OR AGENCY LOCATED OR OPERATING IN THE STATE, INCORPORATED OR UNINCORPORATED, HAVING AMONG ITS FUNCTIONS THE FURNISHING OF PROTECTIVE SERVICES OR CARE FOR CHILDREN, OR THE PLACEMENT OF CHILDREN IN FOSTER HOMES OR ELSEWHERE.

(24) "OUT-OF-HOME CARE" MEANS DETENTION FACILITIES, SHELTER FACILITIES, FOSTER HOMES, CERTIFIED FOSTER HOMES, PLACEMENT IN A PROSPECTIVE ADOPTIVE HOME PRIOR TO THE ISSUANCE OF A FINAL DECREE OF ADOPTION, ORGANIZATIONS, CERTIFIED ORGANIZATIONS, CHILD DAY-CARE CENTERS, TYPE A FAMILY DAY-CARE HOMES, CHILD DAY-CARE PROVIDED BY TYPE B FAMILY DAY-CARE HOME PROVIDERS AND BY IN-HOME AIDES, GROUP HOME PROVIDERS, GROUP HOMES, INSTITUTIONS, STATE INSTITUTIONS, RESIDENTIAL FACILITIES, RESIDENTIAL CARE FACILITIES, RESIDENTIAL CAMPS, DAY CAMPS, HOSPITALS, AND MEDICAL CLINICS THAT ARE RESPONSIBLE FOR THE CARE, PHYSICAL CUSTODY, OR CONTROL OF CHILDREN.

(25) "OUT-OF-HOME CARE CHILD ABUSE" MEANS ANY OF THE FOLLOWING WHEN COMMITTED BY A PERSON RESPONSIBLE FOR THE CARE OF A CHILD IN OUT-OF-HOME CARE:

(a) ENGAGING IN SEXUAL ACTIVITY WITH A CHILD IN THE PERSON'S CARE;

(b) DENIAL TO A CHILD, AS A MEANS OF PUNISHMENT, OF PROPER OR NECESSARY SUBSISTENCE, EDUCATION, MEDICAL CARE, OR OTHER CARE NECESSARY FOR A CHILD'S HEALTH;

(c) USE OF RESTRAINT PROCEDURES ON A CHILD THAT CAUSE INJURY OR PAIN;

(d) ADMINISTRATION OF PRESCRIPTION DRUGS OR PSYCHOTROPIC MEDICATION TO THE CHILD WITHOUT THE WRITTEN APPROVAL AND ONGOING SUPERVISION OF A LICENSED PHYSICIAN;

(e) COMMISSION OF ANY ACT, OTHER THAN BY ACCIDENTAL MEANS, THAT RESULTS IN ANY INJURY TO OR DEATH OF THE CHILD IN OUT-OF-HOME CARE OR COMMISSION OF ANY ACT BY ACCIDENTAL MEANS THAT RESULTS IN AN INJURY TO OR DEATH OF A CHILD IN OUT-OF-HOME CARE AND THAT IS AT VARIANCE WITH THE HISTORY GIVEN OF THE INJURY OR DEATH.

(26) "OUT-OF-HOME CARE CHILD NEGLECT" MEANS ANY OF THE FOLLOWING WHEN COMMITTED BY A PERSON RESPONSIBLE FOR THE CARE OF A CHILD IN OUT-OF-HOME CARE:

(a) FAILURE TO PROVIDE REASONABLE SUPERVISION ACCORDING TO THE STANDARDS OF CARE APPROPRIATE TO THE AGE, MENTAL AND PHYSICAL CONDITION, OR OTHER SPECIAL NEEDS OF THE CHILD;

(b) FAILURE TO PROVIDE REASONABLE SUPERVISION ACCORDING TO THE STANDARDS OF CARE APPROPRIATE TO THE AGE, MENTAL AND PHYSICAL CONDITION, OR OTHER SPECIAL NEEDS OF THE CHILD, THAT RESULTS IN SEXUAL OR PHYSICAL ABUSE OF THE CHILD BY ANY PERSON;

(c) FAILURE TO DEVELOP A PROCESS FOR ALL OF THE FOLLOWING:

(i) ADMINISTRATION OF PRESCRIPTION DRUGS OR PSYCHOTROPIC DRUGS FOR THE CHILD;

(ii) ASSURING THAT THE INSTRUCTIONS OF THE LICENSED PHYSICIAN WHO PRESCRIBED A DRUG FOR THE CHILD ARE FOLLOWED;

(iii) REPORTING TO THE LICENSED PHYSICIAN WHO PRESCRIBED THE DRUG ALL UNFAVORABLE OR DANGEROUS SIDE EFFECTS FROM THE USE OF THE DRUG.

(d) FAILURE TO PROVIDE PROPER OR NECESSARY SUBSISTENCE, EDUCATION, MEDICAL CARE, OR OTHER INDIVIDUALIZED CARE NECESSARY FOR THE HEALTH OR WELL-BEING OF THE CHILD;

(e) CONFINEMENT OF THE CHILD TO A LOCKED ROOM WITHOUT MONITORING BY STAFF;

(f) FAILURE TO PROVIDE ONGOING SECURITY FOR ALL PRESCRIPTION AND NONPRESCRIPTION MEDICATION;

(g) ISOLATION OF A CHILD FOR A PERIOD OF TIME WHEN THERE IS SUBSTANTIAL RISK THAT THE ISOLATION, IF CONTINUED, WILL IMPAIR OR RETARD THE MENTAL HEALTH OR PHYSICAL WELL-BEING OF THE CHILD.

(27) "PERMANENT CUSTODY" MEANS A LEGAL STATUS THAT VESTS IN A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY, ALL PARENTAL RIGHTS, DUTIES, AND OBLIGATIONS, INCLUDING THE RIGHT TO CONSENT TO ADOPTION, AND DIVESTS THE NATURAL PARENTS OR ADOPTIVE PARENTS OF ALL PARENTAL RIGHTS, PRIVILEGES, AND OBLIGATIONS, INCLUDING ALL RESIDUAL RIGHTS AND OBLIGATIONS.

(28) "PERMANENT SURRENDER" MEANS THE ACT OF THE PARENTS OR, IF A CHILD HAS ONLY ONE PARENT, OF THE PARENT OF A CHILD, BY A VOLUNTARY AGREEMENT AUTHORIZED BY SECTION 5103.15 of the Revised Code, TO TRANSFER THE PERMANENT CUSTODY OF THE CHILD TO A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY.

(29) "PERSON RESPONSIBLE FOR A CHILD'S CARE IN OUT-OF-HOME CARE" MEANS ANY OF THE FOLLOWING:

(a) ANY FOSTER PARENT, IN-HOME AIDE, OR PROVIDER;

(b) ANY ADMINISTRATOR, EMPLOYEE, OR AGENT OF ANY OF THE FOLLOWING: A PUBLIC OR PRIVATE DETENTION FACILITY; SHELTER FACILITY; ORGANIZATION; CERTIFIED ORGANIZATION; CHILD DAY-CARE CENTER; TYPE A FAMILY DAY-CARE HOME; CERTIFIED TYPE B FAMILY DAY-CARE HOME; GROUP HOME; INSTITUTION; STATE INSTITUTION; RESIDENTIAL FACILITY; RESIDENTIAL CARE FACILITY; RESIDENTIAL CAMP; DAY CAMP; HOSPITAL; OR MEDICAL CLINIC.

(c) ANY OTHER PERSON WHO PERFORMS A SIMILAR FUNCTION WITH RESPECT TO, OR HAS A SIMILAR RELATIONSHIP TO, CHILDREN.

(30) "PHYSICALLY IMPAIRED" MEANS HAVING ONE OR MORE OF THE FOLLOWING CONDITIONS THAT SUBSTANTIALLY LIMIT ONE OR MORE OF AN INDIVIDUAL'S MAJOR LIFE ACTIVITIES, INCLUDING SELF-CARE, RECEPTIVE AND EXPRESSIVE LANGUAGE, LEARNING, MOBILITY, AND SELF-DIRECTION:

(a) A SUBSTANTIAL IMPAIRMENT OF VISION, SPEECH, OR HEARING;

(b) A CONGENITAL ORTHOPEDIC IMPAIRMENT;

(c) AN ORTHOPEDIC IMPAIRMENT CAUSED BY DISEASE, RHEUMATIC FEVER OR ANY OTHER SIMILAR CHRONIC OR ACUTE HEALTH PROBLEM, OR AMPUTATION OR ANOTHER SIMILAR CAUSE.

(31) "PLACEMENT FOR ADOPTION" MEANS THE ARRANGEMENT BY A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY WITH A PERSON FOR THE CARE AND ADOPTION BY THAT PERSON OF A CHILD OF WHOM THE AGENCY HAS PERMANENT CUSTODY.

(32) "PLACEMENT IN FOSTER CARE" MEANS THE ARRANGEMENT BY A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY FOR THE OUT-OF-HOME CARE OF A CHILD OF WHOM THE AGENCY HAS TEMPORARY CUSTODY OR PERMANENT CUSTODY.

(33) "PRACTICE OF SOCIAL WORK" AND "PRACTICE OF PROFESSIONAL COUNSELING" HAVE THE SAME MEANINGS AS IN SECTION 4757.01 of the Revised Code.

(34) "PROBATION" MEANS A LEGAL STATUS CREATED BY COURT ORDER FOLLOWING AN ADJUDICATION THAT A CHILD IS A DELINQUENT CHILD, A JUVENILE TRAFFIC OFFENDER, OR AN UNRULY CHILD, WHEREBY THE CHILD IS PERMITTED TO REMAIN IN THE PARENT'S, GUARDIAN'S, OR CUSTODIAN'S HOME SUBJECT TO SUPERVISION, OR UNDER THE SUPERVISION OF ANY AGENCY DESIGNATED BY THE COURT AND RETURNED TO THE COURT FOR VIOLATION OF PROBATION AT ANY TIME DURING THE PERIOD OF PROBATION.

(35) "PROTECTIVE SUPERVISION" MEANS AN ORDER OF DISPOSITION PURSUANT TO WHICH THE COURT PERMITS AN ABUSED, NEGLECTED, DEPENDENT, UNRULY, OR DELINQUENT CHILD OR A JUVENILE TRAFFIC OFFENDER TO REMAIN IN THE CUSTODY OF THE CHILD'S PARENTS, GUARDIAN, OR CUSTODIAN AND STAY IN THE CHILD'S HOME, SUBJECT TO ANY CONDITIONS AND LIMITATIONS UPON THE CHILD, THE CHILD'S PARENTS, GUARDIAN, OR CUSTODIAN, OR ANY OTHER PERSON THAT THE COURT PRESCRIBES, INCLUDING SUPERVISION AS DIRECTED BY THE COURT FOR THE PROTECTION OF THE CHILD.

(36) "PSYCHIATRIST" HAS THE SAME MEANING AS IN SECTION 5122.01 of the Revised Code.

(37) "PSYCHOLOGIST" HAS THE SAME MEANING AS IN SECTION 4732.01 of the Revised Code.

(38) "RESIDENTIAL CAMP" MEANS A PUBLIC OR PRIVATE FACILITY THAT ENGAGES OR ACCEPTS THE CARE, PHYSICAL CUSTODY, OR CONTROL OF CHILDREN DURING SUMMER MONTHS AND THAT IS LICENSED, REGULATED, APPROVED, OPERATED UNDER THE DIRECTION OF, OR OTHERWISE CERTIFIED BY THE DEPARTMENT OF HEALTH OR THE AMERICAN CAMPING ASSOCIATION.

(39) "RESIDENTIAL CARE FACILITY" MEANS AN INSTITUTION, RESIDENCE, OR FACILITY THAT IS LICENSED BY THE DEPARTMENT OF MENTAL HEALTH UNDER SECTION 5119.22 of the Revised Code AND THAT PROVIDES CARE FOR A CHILD.

(40) "RESIDENTIAL FACILITY" MEANS A HOME OR FACILITY THAT IS LICENSED BY THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES UNDER SECTION 5123.19 of the Revised Code AND IN WHICH A CHILD WITH A DEVELOPMENTAL DISABILITY RESIDES.

(41) "RESIDUAL PARENTAL RIGHTS, PRIVILEGES, AND RESPONSIBILITIES" MEANS THOSE RIGHTS, PRIVILEGES, AND RESPONSIBILITIES REMAINING WITH THE NATURAL PARENT AFTER THE TRANSFER OF LEGAL CUSTODY OF THE CHILD, INCLUDING, BUT NOT NECESSARILY LIMITED TO, THE PRIVILEGE OF REASONABLE VISITATION, CONSENT TO ADOPTION, THE PRIVILEGE TO DETERMINE THE CHILD'S RELIGIOUS AFFILIATION, AND THE RESPONSIBILITY FOR SUPPORT.

(42) "SECURE CORRECTIONAL FACILITY" MEANS A FACILITY UNDER THE DIRECTION OF THE DEPARTMENT OF YOUTH SERVICES THAT IS DESIGNED TO PHYSICALLY RESTRICT THE MOVEMENT AND ACTIVITIES OF CHILDREN AND USED FOR THE PLACEMENT OF CHILDREN AFTER ADJUDICATION AND DISPOSITION.

(43) "SEXUAL ACTIVITY" HAS THE SAME MEANING AS IN SECTION 2907.01 of the Revised Code.

(44) "Shelter" means the temporary care of children in physically unrestricted facilities pending court adjudication or disposition.

(5) "Foster home" means a family home in which any child is received apart from the child's parents for care, supervision, or training.

(6) "Certified family foster home" means a family foster home operated by persons holding a certificate in force, issued under section 5103.03 of the Revised Code.

(7) "Organization" means any institution, public, semipublic, or private, and any private association, society, or agency located or operating in the state, incorporated or unincorporated, having among its functions the furnishing of protective services or care for children, or the placement of children in foster homes or elsewhere.

(8) "Private child placing agency" means any association, as defined in section 5103.02 of the Revised Code, that is certified pursuant to sections 5103.03 to 5103.05 of the Revised Code to accept temporary, permanent, or legal custody of children and place the children for either foster care or adoption.

(9) "Legal custody" means a legal status that vests in the custodian the right to have physical care and control of the child and to determine where and with whom the child shall live, and the right and duty to protect, train, and discipline the child and to provide the child with food, shelter, education, and medical care, all subject to any residual parental rights, privileges, and responsibilities. An individual granted legal custody shall exercise the rights and responsibilities personally unless otherwise authorized by any section of the Revised Code or by the court.

(10) "Residual parental rights, privileges, and responsibilities" means those rights, privileges, and responsibilities remaining with the natural parent after the transfer of legal custody of the child, including, but not necessarily limited to, the privilege of reasonable visitation, consent to adoption, the privilege to determine the child's religious affiliation, and the responsibility for support.

(11) "Permanent custody" means a legal status that vests in a public children services agency or a private child placing agency, all parental rights, duties, and obligations, including the right to consent to adoption, and divests the natural parents or adoptive parents of all parental rights, privileges, and obligations, including all residual rights and obligations.

(12) "Temporary custody" means legal custody of a child who is removed from the child's home, which custody may be terminated at any time at the discretion of the court or, if the legal custody is granted in an agreement for temporary custody, by the person who executed the agreement.

(13) "Commit" means to vest custody as ordered by the court.

(14) "Probation" means a legal status created by court order following an adjudication that a child is a delinquent child, a juvenile traffic offender, or an unruly child, whereby the child is permitted to remain in the parent's, guardian's, or custodian's home subject to supervision, or under the supervision of any agency designated by the court and returned to the court for violation of probation at any time during the period of probation.

(15) "Protective supervision" means an order of disposition pursuant to which the court permits an abused, neglected, dependent, unruly, or delinquent child or a juvenile traffic offender to remain in the custody of the child's parents, guardian, or custodian and stay in the child's home, subject to any conditions and limitations upon the child, the child's parents, guardian, or custodian, or any other person that the court prescribes, including supervision as directed by the court for the protection of the child.

(16) "Adequate parental care" means the provision by a child's parent or parents, guardian, or custodian of adequate food, clothing, and shelter to ensure the child's health and physical safety and the provision by a child's parent or parents of specialized services warranted by the child's physical or mental needs.

(17) "Agreement for temporary custody" means a voluntary agreement that is authorized by section 5103.15 of the Revised Code and that transfers the temporary custody of a child to a public children services agency or a private child placing agency.

(18) "Guardian" means a person, association, or corporation that is granted authority by a probate court pursuant to Chapter 2111. of the Revised Code to exercise parental rights over a child to the extent provided in the court's order and subject to the residual parental rights of the child's parents.

(19) "Mental illness" and "mentally ill person subject to hospitalization by court order" have the same meanings as in section 5122.01 of the Revised Code.

(20) "Mentally retarded person" has the same meaning as in section 5123.01 of the Revised Code.

(21) "Permanent surrender" means the act of the parents or, if a child has only one parent, of the parent of a child, by a voluntary agreement authorized by section 5103.15 of the Revised Code, to transfer the permanent custody of the child to a public children services agency or a private child placing agency.

(22) "Placement for foster care" means the arrangement by a public children services agency or a private child placing agency for the out-of-home care of a child of whom the agency has temporary custody or permanent custody.

(23) "Placement for adoption" means the arrangement by a public children services agency or a private child placing agency with a person for the care and adoption by that person of a child of whom the agency has permanent custody.

(25) "Public children services agency" means a children services board or a county department of human services that has assumed the administration of the children services function prescribed by Chapter 5153. of the Revised Code.

(26) "Custodian" means a person who has legal custody of a child or a public children services agency or private child placing agency that has permanent, temporary, or legal custody of a child.

(27) "Counseling" includes general counseling and therapeutic counseling.

(28) "General counseling" means those services performed by a county children services board, county department of human services exercising the children services function, or shelter for victims of domestic violence to assist a child, a child's parents, and a child's siblings in alleviating identified problems that may cause or have caused the child to be an abused, neglected, or dependent child.

(29) "Therapeutic counseling" means psychiatric or psychological services provided to correct or alleviate any mental or emotional illness or disorder and performed by a licensed psychiatrist, licensed psychologist, or a person licensed under Chapter 4757. of the Revised Code to engage in social work or professional counseling.

(30)(45) "Shelter for victims of domestic violence" has the same meaning as in section 3113.33 of the Revised Code.

(31) "Psychiatrist" has the same meaning as in section 5122.01 of the Revised Code.

(32) "Psychologist" has the same meaning as in section 4732.01 of the Revised Code.

(33) "Practice of social work" and "practice of professional counseling" have the same meanings as in section 4757.01 of the Revised Code.

(34) "Child day-care provider" means an individual who is a child-care staff member or administrator of a child day-care center, a type A family day-care home, or a type B family day-care home, or an in-home aide or an individual who is licensed, is regulated, is approved, operates under the direction of, or otherwise is certified by the department of human services, department of mental retardation and developmental disabilities, or the early childhood programs of the department of education.

(35) "Residential facility" means a home or facility that is licensed by the department of mental retardation and developmental disabilities under section 5123.19 of the Revised Code and in which a child with a developmental disability resides.

(36) "Residential care facility" means an institution, residence, or facility that is licensed by the department of mental health under section 5119.22 of the Revised Code and that provides care for a child.

(37) "Residential camp" means a public or private facility that engages or accepts the care, physical custody, or control of children during summer months and that is licensed, regulated, approved, operated under the direction of, or otherwise certified by the department of health or the American camping association.

(38) "Child day camp" has the same meaning as in section 5104.01 of the Revised Code.

(39) "Out-of-home care" means detention facilities, shelter facilities, foster homes, certified foster homes, placement in a prospective adoptive home prior to the issuance of a final decree of adoption, organizations, certified organizations, child day-care centers, type A family day-care homes, child day-care provided by type B family day-care home providers and by in-home aides, group home providers, group homes, institutions, state institutions, residential facilities, residential care facilities, residential camps, day camps, hospitals, and medical clinics that are responsible for the care, physical custody, or control of children.

(40) "Person responsible for a child's care in out-of-home care" means any of the following:

(a) Any foster parent, in-home aide, or provider;

(b) Any administrator, employee, or agent of any of the following: a public or private detention facility; shelter facility; organization; certified organization; child day-care center; type A family day-care home; certified type B family day-care home; group home; institution; state institution; residential facility; residential care facility; residential camp; day camp; hospital; or medical clinic.

(c) Any other person who performs a similar function with respect to, or has a similar relationship to, children.

(41) "Child day-care," "child day-care center," "part-time child day-care center," "type A family day-care home," "certified type B family day-care home," "type B home," "administrator of a child day-care center," "administrator of a type A family day-care home," "in-home aide," and "authorized provider" have the same meanings as in section 5104.01 of the Revised Code.

(42) "Developmental disability" has the same meaning as in section 5123.01 of the Revised Code.

(43) "Out-of-home care child neglect" means any of the following when committed by a person responsible for the care of a child in out-of-home care:

(a) Failure to provide reasonable supervision according to the standards of care appropriate to the age, mental and physical condition, or other special needs of the child;

(b) Failure to provide reasonable supervision according to the standards of care appropriate to the age, mental and physical condition, or other special needs of the child, that results in sexual or physical abuse of the child by any person;

(c) Failure to develop a process for all of the following:

(i) Administration of prescription drugs or psychotropic drugs for the child;

(ii) Assuring that the instructions of the licensed physician who prescribed a drug for the child are followed;

(iii) Reporting to the licensed physician who prescribed the drug all unfavorable or dangerous side effects from the use of the drug;

(d) Failure to provide proper or necessary subsistence, education, medical care, or other individualized care necessary for the health or well-being of the child;

(e) Confinement of the child to a locked room without monitoring by staff;

(f) Failure to provide ongoing security for all prescription and nonprescription medication;

(g) Isolation of a child for a period of time when there is substantial risk that the isolation, if continued, will impair or retard the mental health or physical well-being of the child.

(44) "Out-of-home care child abuse" means any of the following when committed by a person responsible for the care of a child in out-of-home care:

(a) Engaging in sexual activity with a child in the person's care;

(b) Denial to a child, as a means of punishment, of proper or necessary subsistence, education, medical care, or other care necessary for a child's health;

(c) Use of restraint procedures on a child that cause injury or pain;

(d) Administration of prescription drugs or psychotropic medication to the child without the written approval and ongoing supervision of a licensed physician;

(e) Commission of any act, other than by accidental means, that results in any injury to or death of the child in out-of-home care or commission of any act by accidental means that results in an injury to or death of a child in out-of-home care and that is at variance with the history given of the injury or death.

(45) "Sexual activity" has the same meaning as in section 2907.01 of the Revised Code.

(46) "Family foster home" means a private residence in which children are received apart from their parents, guardian, or legal custodian by an individual for hire, gain, or reward for nonsecure care, supervision, or training twenty-four hours a day. "Family foster home" does not include babysitting care provided for a child in the home of a person other than the home of the parents, guardian, or legal custodian of the child.

(47) "Nonsecure care, supervision, or training" means care, supervision, or training of a child in a facility that does not confine or prevent movement of the child within the facility or from the facility.

(48) "Private noncustodial agency" means any person, organization, association, or society certified by the department of human services that does not accept temporary or permanent legal custody of children, that is privately operated in this state, and that does one or more of the following:

(a) Receives and cares for children for two or more consecutive weeks;

(b) Participates in the placement of children in family foster homes;

(c) Provides adoption services in conjunction with a public children services agency or private child placing agency.

(49) "Treatment foster home" means a family foster home that incorporates special psychological or medical treatment designed to care for the specific needs of the children received in the family foster home and that receives and cares for children who are emotionally or behaviorally disturbed, medically fragile and require special medical treatment due to physical ailment or condition, or mentally retarded or developmentally disabled.

(50) "Babysitting care" means care provided for a child while the parents, guardian, or legal custodian of the child are temporarily away.

(53) "Mental injury" means any behavioral, cognitive, emotional, or mental disorder in a child caused by an act or omission that is described in section 2919.22 of the Revised Code and is committed by the parent or other person responsible for the child's care.

(54) "Physically impaired" means having one or more of the following conditions that substantially limit one or more of an individual's major life activities, including self-care, receptive and expressive language, learning, mobility, and self-direction:

(a) A substantial impairment of vision, speech, or hearing;

(b) A congenital orthopedic impairment;

(c) An orthopedic impairment caused by disease, rheumatic fever or any other similar chronic or acute health problem, or amputation or another similar cause.

(55) "Secure correctional facility" means a facility under the direction of the department of youth services that is designed to physically restrict the movement and activities of children and used for the placement of children after adjudication and disposition.

(46) "TEMPORARY CUSTODY" MEANS LEGAL CUSTODY OF A CHILD WHO IS REMOVED FROM THE CHILD'S HOME, WHICH CUSTODY MAY BE TERMINATED AT ANY TIME AT THE DISCRETION OF THE COURT OR, IF THE LEGAL CUSTODY IS GRANTED IN AN AGREEMENT FOR TEMPORARY CUSTODY, BY THE PERSON WHO EXECUTED THE AGREEMENT.

Sec. 2151.10. The juvenile judge shall annually submit a written request for an appropriation to the board of county commissioners that shall set forth estimated administrative expenses of the juvenile court that the judge considers reasonably necessary for the operation of the court, including reasonably necessary expenses of the judge and such officers and employees as he THE JUDGE may designate in attending conferences at which juvenile or welfare problems are discussed, and such sum each year as will provide for the maintenance and operation of the detention home, the care, maintenance, education, and support of neglected, abused, dependent, and delinquent children, other than children entitled to aid ASSISTANCE under sections 5107.01 to 5107.16 CHAPTER 5107. of the Revised Code, and for necessary orthopedic, surgical, and medical treatment, and special care as may be ordered by the court for any neglected, abused, dependent, or delinquent children. The board shall conduct a public hearing with respect to the written request submitted by the judge and shall appropriate such sum of money each year as it determines, after conducting the public hearing and considering the written request of the judge, is reasonably necessary to meet all the administrative expenses of the court. All disbursements from such appropriations shall be upon specifically itemized vouchers, certified to by the judge.

If the judge considers the appropriation made by the board pursuant to this section insufficient to meet all the administrative expenses of the court, he THE JUDGE shall commence an action under Chapter 2731. of the Revised Code in the court of appeals for the judicial district for a determination of the duty of the board of county commissioners to appropriate the amount of money in dispute. The court of appeals shall give priority to the action filed by the juvenile judge over all cases pending on its docket. The burden shall be on the juvenile judge to prove that the appropriation requested is reasonably necessary to meet all administrative expenses of the court. If, prior to the filing of an action under Chapter 2731. of the Revised Code or during the pendency of the action, the judge exercises his THE JUDGE'S contempt power in order to obtain the sum of money in dispute, he THE JUDGE shall not order the imprisonment of any member of the board of county commissioners notwithstanding sections 2705.02 to 2705.06 of the Revised Code.

Sec. 2151.31. (A) A child may be taken into custody in any of the following ways:

(1) Pursuant to an order of the court under this chapter;

(2) Pursuant to the laws of arrest;

(3) By a law enforcement officer or duly authorized officer of the court when any of the following conditions are present:

(a) There are reasonable grounds to believe that the child is suffering from illness or injury and is not receiving proper care, as described in section 2151.03 of the Revised Code, and his THE CHILD'S removal is necessary to prevent immediate or threatened physical or emotional harm;

(b) There are reasonable grounds to believe that the child is in immediate danger from his THE CHILD'S surroundings and that his THE CHILD'S removal is necessary to prevent immediate or threatened physical or emotional harm;

(c) There are reasonable grounds to believe that a parent, guardian, custodian, or other household member of the child's household has abused or neglected another child in the household and to believe that the child is in danger of immediate or threatened physical or emotional harm from that person.

(4) By an enforcement official, as defined in section 4109.01 of the Revised Code, under the circumstances set forth in section 4109.08 of the Revised Code;

(5) By a law enforcement officer or duly authorized officer of the court when there are reasonable grounds to believe that the child has run away from his THE CHILD'S parents, guardian, or other custodian;

(6) By a law enforcement officer or duly authorized officer of the court when any of the following apply:

(a) There are reasonable grounds to believe that the conduct, conditions, or surroundings of the child are endangering the health, welfare, or safety of the child;

(b) A complaint has been filed with respect to the child under section 2151.27 of the Revised Code and there are reasonable grounds to believe that the child may abscond or be removed from the jurisdiction of the court;

(c) The child is required to appear in court and there are reasonable grounds to believe that the child will not be brought before the court when required.

(B)(1) The taking of a child into custody is not and shall not be deemed an arrest except for the purpose of determining its validity under the constitution of this state or of the United States.

(2) Except as provided in division (C) of section 2151.311 of the Revised Code, a child taken into custody shall not be held in any state correctional institution, county, multicounty, or municipal jail or workhouse, or any other place where any adult convicted of crime, under arrest, or charged with crime is held.

(C) A child taken into custody shall not be confined in a place of juvenile detention or placed in shelter care prior to the implementation of the court's final order of disposition, unless his detention or shelter care is required to protect the child from immediate or threatened physical or emotional harm, because the child may abscond or be removed from the jurisdiction of the court, because the child has no parents, guardian, or custodian or other person able to provide supervision and care for him THE CHILD and return him THE CHILD to the court when required, or because an order for placement of the child in detention or shelter care has been made by the court pursuant to this chapter.

(D) Upon receipt of notice from a person that the person intends to take an alleged abused, neglected, or dependent child into custody pursuant to division (A)(3) of this section, a juvenile judge or a designated referee may grant by telephone an ex parte emergency order authorizing the taking of the child into custody if there is probable cause to believe that any of the conditions set forth in divisions (A)(3)(a) to (c) of this section are present. The judge or referee shall journalize any ex parte emergency order issued pursuant to this division. If an order is issued pursuant to this division and the child is taken into custody pursuant to the order, a sworn complaint shall be filed with respect to the child before the end of the next business day after the day on which the child is taken into custody and a hearing shall be held pursuant to division (E) of this section and the Juvenile Rules. A juvenile judge or referee shall not grant an emergency order by telephone pursuant to this division until after he THE JUDGE OR REFEREE determines that reasonable efforts have been made to notify the parents, guardian, or custodian of the child that the child may be placed into shelter care and of the reasons for placing the child into shelter care, except that, if the requirement for notification would jeopardize the physical or emotional safety of the child or result in the child being removed from the court's jurisdiction, the judge or referee may issue the order for taking the child into custody and placing the child into shelter care prior to giving notice to the parents, guardian, or custodian of the child.

(E) If a judge or referee pursuant to division (D) of this section issues an ex parte emergency order for taking a child into custody, the court shall hold a hearing to determine whether there is probable cause for the emergency order. The hearing shall be held before the end of the next business day after the day on which the emergency order is issued, except that it shall not be held later than seventy-two hours after the emergency order is issued.

If the court determines at the hearing that there is not probable cause for the issuance of the emergency order issued pursuant to division (D) of this section, it shall order the child released to the custody of his THE CHILD'S parents, guardian, or custodian. If the court determines at the hearing that there is probable cause for the issuance of the emergency order issued pursuant to division (D) of this section, the court shall do all of the following:

(1) Ensure that a complaint is filed or has been filed;

(2) Hold a hearing pursuant to section 2151.314 of the Revised Code to determine if the child should remain in shelter care;

(3) At the hearing held pursuant to section 2151.314 of the Revised Code, make the determination and issue the written finding of facts required by section 2151.419 of the Revised Code.

(F) If the court determines at the hearing held pursuant to division (E) of this section that there is probable cause to believe that the child is an abused child, as defined in division (A) of section 2151.031 of the Revised Code, the court may do any of the following:

(1) Upon the motion of any party, the guardian ad litem, the prosecuting attorney, or an employee of the PUBLIC children services board or the county department of human services exercising the children services function AGENCY, or its own motion, issue reasonable protective orders with respect to the interviewing or deposition of the child;

(2) Order that the child's testimony be videotaped for preservation of the testimony for possible use in any other proceedings in the case;

(3) Set any additional conditions with respect to the child or the case involving the child that are in the best interest of the child.

(G) This section is not intended, and shall not be construed, to prevent any person from taking a child into custody, if taking the child into custody is necessary in an emergency to prevent the physical injury, emotional harm, or neglect of the child.

Sec. 2151.421. (A)(1)(a) No attorney, physician, including a hospital intern or resident, dentist, podiatrist, practitioner of a limited branch of medicine or surgery as defined in section 4731.15 of the Revised Code, registered nurse, licensed practical nurse, visiting nurse, other health care professional, licensed psychologist, licensed school psychologist, speech pathologist or audiologist, coroner, administrator or employee of a child day-care center, administrator or employee of a certified child care agency or other public or private children services agency, school teacher, school employee, school authority, person engaged in social work or the practice of professional counseling, or person rendering spiritual treatment through prayer in accordance with the tenets of a well-recognized religion, PERSON LISTED IN DIVISION (A)(1)(b) OF THIS SECTION who is acting in an official or professional capacity and knows or suspects that a child under eighteen years of age or a mentally retarded, developmentally disabled, or physically impaired child under twenty-one years of age has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the child, shall fail to immediately report that knowledge or suspicion to the PUBLIC children services board, the county department of human services exercising the children services function, AGENCY or a municipal or county peace officer in the county in which the child resides or in which the abuse or neglect is occurring or has occurred.

(b) DIVISION (A)(1)(a) OF THIS SECTION APPLIES TO A PERSON WHO IS AN ATTORNEY; PHYSICIAN, INCLUDING A HOSPITAL INTERN OR RESIDENT; DENTIST; PODIATRIST; PRACTITIONER OF A LIMITED BRANCH OF MEDICINE OR SURGERY AS DEFINED IN SECTION 4731.15 of the Revised Code; REGISTERED NURSE; LICENSED PRACTICAL NURSE; VISITING NURSE; OTHER HEALTH CARE PROFESSIONAL; LICENSED PSYCHOLOGIST; LICENSED SCHOOL PSYCHOLOGIST; SPEECH PATHOLOGIST OR AUDIOLOGIST; CORONER; ADMINISTRATOR OR EMPLOYEE OF A CHILD DAY-CARE CENTER; ADMINISTRATOR OR EMPLOYEE OF A CERTIFIED CHILD CARE AGENCY OR OTHER PUBLIC OR PRIVATE CHILDREN SERVICES AGENCY; SCHOOL TEACHER; SCHOOL EMPLOYEE; SCHOOL AUTHORITY; PERSON ENGAGED IN SOCIAL WORK OR THE PRACTICE OF PROFESSIONAL COUNSELING; OR PERSON RENDERING SPIRITUAL TREATMENT THROUGH PRAYER IN ACCORDANCE WITH THE TENETS OF A WELL-RECOGNIZED RELIGION.

(2) An attorney is not required to make a report pursuant to division (A)(1) of this section concerning any communication the attorney the attorney's a client the attorney receives from a client in an attorney-client relationship, if, in accordance with division (A) of section 2317.02 of the Revised Code, the attorney could not testify with respect to that communication in a civil or criminal proceeding, except that the client is deemed to have waived any testimonial privilege under division (A) of section 2317.02 of the Revised Code with respect to that communication and the attorney shall make a report pursuant to division (A)(1) of this section with respect to that communication, if all of the following apply:

(a) The client, at the time of the communication, is either a child under eighteen years of age or a mentally retarded, developmentally disabled, or physically impaired person under twenty-one years of age.

(b) The attorney knows or suspects, as a result of the communication or any observations made during that communication, that the client has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the client.

(c) The attorney-client relationship does not arise out of the client's attempt to have an abortion without the notification of her parents, guardian, or custodian in accordance with section 2151.85 of the Revised Code.

(3) A physician is not required to make a report pursuant to division (A)(1) of this section concerning any communication the physician the physician's the patient the physician receives from a patient in a physician-patient relationship, if, in accordance with division (B) of section 2317.02 of the Revised Code, the physician could not testify with respect to that communication in a civil or criminal proceeding, except that the patient is deemed to have waived any testimonial privilege under division (B) of section 2317.02 of the Revised Code with respect to that communication and the physician shall make a report pursuant to division (A)(1) of this section with respect to that communication, if all of the following apply:

(a) The patient, at the time of the communication, is either a child under eighteen years of age or a mentally retarded, developmentally disabled, or physically impaired person under twenty-one years of age.

(b) The physician knows or suspects, as a result of the communication or any observations made during that communication, that the patient has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the patient.

(c) The physician-patient relationship does not arise out of the patient's attempt to have an abortion without the notification of her parents, guardian, or custodian in accordance with section 2151.85 of the Revised Code.

(B) Anyone, who knows or suspects that a child under eighteen years of age or a mentally retarded, developmentally disabled, or physically impaired person under twenty-one years of age has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or other condition of a nature that reasonably indicates abuse or neglect of the child, may report or cause reports to be made of that knowledge or suspicion to the PUBLIC children services board, the county department of human services exercising the children services function, AGENCY or to a municipal or county peace officer.

(C) Any report made pursuant to division (A) or (B) of this section shall be made forthwith either by telephone or in person and shall be followed by a written report, if requested by the receiving agency or officer. The written report shall contain:

(1) The names and addresses of the child and the child's parents or the person or persons having custody of the child, if known;

(2) The child's age and the nature and extent of the child's known or suspected injuries, abuse, or neglect or of the known or suspected threat of injury, abuse, or neglect, including any evidence of previous injuries, abuse, or neglect;

(3) Any other information that might be helpful in establishing the cause of the known or suspected injury, abuse, or neglect or of the known or suspected threat of injury, abuse, or neglect.

Any person, who is required by division (A) of this section to report known or suspected child abuse or child neglect, may take or cause to be taken color photographs of areas of trauma visible on a child and, if medically indicated, cause to be performed radiological examinations of the child.

(D) Upon the receipt of a report concerning the possible abuse or neglect of a child or the possible threat of abuse or neglect of a child, the municipal or county peace officer who receives the report shall refer the report to the appropriate county department of human services or PUBLIC children services board AGENCY.

(E) No township, municipal, or county peace officer shall remove a child about whom a report is made pursuant to this section from the child's parents, stepparents, or guardian or any other persons having custody of the child without consultation with the PUBLIC children services board or the county department of human services exercising the children services function AGENCY, unless, in the judgment of the reporting physician and the officer, immediate removal is considered essential to protect the child from further abuse or neglect.

(F)(1) The county department of human services or PUBLIC children services board AGENCY shall investigate, within twenty-four hours, each report of known or suspected child abuse or child neglect and of a known or suspected threat of child abuse or child neglect that is referred to it under this section to determine the circumstances surrounding the injuries, abuse, or neglect or the threat of injury, abuse, or neglect, the cause of the injuries, abuse, neglect, or threat, and the person or persons responsible. The investigation shall be made in cooperation with the law enforcement agency and in accordance with the plan of cooperation for the county adopted under division (J) of this section. A failure to make the investigation in accordance with the plan of cooperation is not grounds for, and shall not result in, the dismissal of any charges or complaint arising from the report or the suppression of any evidence obtained as a result of the report and does not give, and shall not be construed as giving, any rights or any grounds for appeal or post-conviction relief to any person. The county department of human services or PUBLIC children services board AGENCY shall report each case to a central registry which the state department of human services shall maintain in order to determine whether prior reports have been made in other counties concerning the child or other principals in the case. The department or board PUBLIC CHILDREN SERVICES AGENCY shall submit a report of its investigation, in writing to the law enforcement agency.

(2) The county department of human services or PUBLIC children services board AGENCY shall make any recommendations to the county prosecuting attorney or city director of law that it considers necessary to protect any children that are brought to its attention.

(G)(1) Except as provided in division (H)(3) of this section, anyone or any hospital, institution, school, health department, or agency participating in the making of reports under division (A) of this section, anyone or any hospital, institution, school, health department, or agency participating in good faith in the making of reports under division (B) of this section, and anyone participating in good faith in a judicial proceeding resulting from the reports, shall be immune from any civil or criminal liability for injury, death, or loss to person or property that otherwise might be incurred or imposed as a result of the making of the reports or the participation in the judicial proceeding. Notwithstanding section 4731.22 of the Revised Code, the physician-patient privilege shall not be a ground for excluding evidence regarding a child's injuries, abuse, or neglect, or the cause of the injuries, abuse, or neglect in any judicial proceeding resulting from a report submitted pursuant to this section.

(2) In any civil or criminal action or proceeding in which it is alleged and proved that participation in the making of a report under this section was not in good faith or participation in a judicial proceeding resulting from a report made under this section was not in good faith, the court shall award the prevailing party reasonable attorney's fees and costs and, if a civil action or proceeding is voluntarily dismissed, may award reasonable attorney's fees and costs to the party against whom the civil action or proceeding is brought.

(H)(1) Except as provided in division (H)(4) of this section, a report made under this section is confidential. The information provided in a report made pursuant to this section and the name of the person who made the report shall not be released for use, and shall not be used, as evidence in any civil action or proceeding brought against the person who made the report. In a criminal proceeding, the report is admissible in evidence in accordance with the Rules of Evidence and is subject to discovery in accordance with the Rules of Criminal Procedure.

(2) No person shall permit or encourage the unauthorized dissemination of the contents of any report made under this section.

(3) A person who knowingly makes or causes another person to make a false report under division (B) of this section that alleges that any person has committed an act or omission that resulted in a child being an abused child or a neglected child is guilty of a violation of section 2921.14 of the Revised Code.

(4) A public children services agency shall advise a person alleged to have inflicted abuse or neglect on a child who is the subject of a report made pursuant to this section of the disposition of the investigation. The agency shall not provide to the person a statement of the allegations, statements of witnesses, or police or other investigative reports.

(I) Any report that is required by this section shall result in protective services and emergency supportive services being made available by the county department of human services or PUBLIC children services board AGENCY on behalf of the children about whom the report is made, in an effort to prevent further neglect or abuse, to enhance their welfare, and, whenever possible, to preserve the family unit intact.

(J) There shall be placed on file with the juvenile court in each county and the department of human services an initial plan of cooperation jointly prepared and subscribed to by a committee consisting of the presiding judge of the court of common pleas of the county or a the presiding judge's representative; if there is only one juvenile judge in the county, the juvenile judge of the county or a the juvenile judge's representative; if there is more than one juvenile judge in the county, a juvenile judge or a the judge's JUVENILE JUDGES' representative selected by the juvenile judges or, if they are unable to do so for any reason, the juvenile judge who is senior in point of service or a the senior juvenile judge's representative; the county peace officer; all chief municipal peace officers within the county; all chief township peace officers within the county; the prosecuting attorney of the county; the director of law of each city within the county; the village solicitor of each village within the county; and the PUBLIC children services board or county department of human services exercising the children services function AGENCY as convened by the county director of human services. The plan shall set forth the normal operating procedure to be employed by all concerned officials in the execution of their respective responsibilities under this section and division (C) of section 2919.21, division (B)(1) of section 2919.22, division (B) of section 2919.23, and section 2919.24 of the Revised Code and shall have as two of its primary goals the elimination of all unnecessary interviews of children who are the subject of reports made pursuant to division (A) or (B) of this section and, when feasible, providing for only one interview of a child who is the subject of any report made pursuant to division (A) or (B) of this section. A failure to follow the procedure set forth in the plan in the execution of those responsibilities by the concerned officials is not grounds for, and shall not result in, the dismissal of any charges or complaint arising from any reported case of abuse or neglect or the suppression of any evidence obtained as a result of any reported child abuse or child neglect and does not give, and shall not be construed as giving, any rights or any grounds for appeal or post-conviction relief to any person. The plan shall include all of the following:

(1) A system for cross-referral of reported cases of abuse and neglect as necessary;

(2) Standards and procedures to be used in handling and coordinating investigations of reported cases of child abuse and reported cases of child neglect, methods to be used in interviewing the child who is the subject of the report and who allegedly was abused or neglected, standards and procedures addressing the categories of persons who may interview the child who is the subject of the report and who allegedly was abused or neglected, standards and procedures governing the making of a videotape of any interview if an interview is videotaped, a system for sharing the information obtained as a result of any interview and any videotape made of it, and a system for reducing the number of times that the child who is the subject of the report and who allegedly was abused or neglected is interviewed;

(3) Any other standards, procedures, or systems that the committee believes may minimize damage and trauma to the child who is the subject of a reported case of child abuse or child neglect;

(4) The name and title of the official directly responsible for making reports to the central registry.

(K)(1) the person of receiving A person who is required to make a report pursuant to division (A) of this section the person making the report the person's the person of making the person's the person making the report may make a reasonable number of requests of the county department of human services or PUBLIC children services board AGENCY that receives or is referred the report to the person making the report be provided with the following information:

(a) Whether the department or board AGENCY has initiated an investigation of the report;

(b) Whether the department or board AGENCY is continuing to investigate the report;

(c) Whether the department or board AGENCY is otherwise involved with the child who is the subject of the report;

(d) The general status of the health and safety of the child who is the subject of the report;

(e) Whether the report has resulted in the filing of a complaint in juvenile court or of criminal charges in another court.

(2) A person may request the information specified in division (K)(1) of this section only if, at the time the report is made, the person's name, address, and telephone number are provided to the person who receives the report.

When a municipal or county peace officer or employee of a county department of human services or PUBLIC children services board AGENCY receives a report pursuant to division (A) or (B) of this section the recipient of the report shall inform the person of the right to request the information described in division (K)(1) of this section. The recipient of the report shall include in the initial child abuse or child neglect report that the person making the report was so informed and, if provided at the time of the making of the report, shall include the person's name, address, and telephone number in the report.

the person's the person of making the person

Each request is subject to verification of the identity the that person's the person of making of the person making the report. If that person's identity is verified, the department or board shall provide the person with the information described in division (K)(1) of this section a reasonable number of times, except that the department or board AGENCY shall not disclose any confidential information regarding the child who is the subject of the report other than the information described in those divisions.

(3) A request made pursuant to division (K)(1) of this section is not a substitute for any report required to be made pursuant to division (A) of this section.

(L) The department of human services shall exercise rule-making authority under Chapter 119. of the Revised Code to aid in the implementation of this section. The department may enter into a plan of cooperation with any other governmental entity to aid in ensuring that children are protected from abuse and neglect. The department shall make recommendations to the attorney general that the department determines are necessary to protect children from child abuse and child neglect.

(M) No later than the end of the day following the day on which a PUBLIC children services board or county department of human services exercising the children services function AGENCY receives a report of alleged child abuse or child neglect, or a report of an alleged threat of child abuse or child neglect, that allegedly occurred in or involved an out-of-home care entity, the board or department AGENCY shall provide written notice of the allegations contained in and the person named as the alleged perpetrator in the report to the administrator, director, or other chief administrative officer of the out-of-home care entity that is the subject of the report unless the administrator, director, or other chief administrative officer is named as an alleged perpetrator in the report. If the administrator, director, or other chief administrative officer of an out-of-home care entity is named as an alleged perpetrator in a report of alleged child abuse or child neglect, or a report of an alleged threat of child abuse or child neglect, that allegedly occurred in or involved the out-of-home care entity, the board or department AGENCY shall provide the written notice to the owner or governing board of the out-of-home care entity that is the subject of the report. The board or department AGENCY shall not provide witness statements or police or other investigative reports.

(N) No later than three days after the day on which a PUBLIC children services board or county department of human services exercising the children services function AGENCY makes a disposition of an investigation involving a report of alleged child abuse or child neglect, or a report of an alleged threat of child abuse or child neglect, that allegedly occurred in or involved an out-of-home care entity, the board or department AGENCY shall provide written notice of the disposition of the investigation to the administrator, director, or other chief administrative officer and the owner or governing board of the out-of-home care entity. The board or department AGENCY shall not provide witness statements or police or other investigative reports.

Sec. 2301.03. (A) In Franklin county, the judges of the court of common pleas whose terms begin on January 1, 1953, January 2, 1953, January 5, 1969, January 5, 1977, and January 2, 1997, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Franklin county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. They shall have all the powers relating to juvenile courts, and all cases under Chapter 2151. of the Revised Code, all parentage proceedings under Chapter 3111. of the Revised Code over which the juvenile court has jurisdiction, and all divorce, dissolution of marriage, legal separation, and annulment cases shall be assigned to them. In addition to the judge's regular duties, the judge who is senior in point of service shall serve on the children services board and the county advisory board and shall be the administrator of the domestic relations division and its subdivisions and departments.

(B)(1) In Hamilton county, the judge of the court of common pleas, whose term begins on January 1, 1957, and successors, and the judge of the court of common pleas, whose term begins on February 14, 1967, and successors, shall be the juvenile judges as provided in Chapter 2151. of the Revised Code, with the powers and jurisdiction conferred by that chapter.

(2) The judges of the court of common pleas whose terms begin on January 5, 1957, January 16, 1981, and July 1, 1991, and successors, shall be elected and designated as judges of the court of common pleas, division of domestic relations, and shall have assigned to them all divorce, dissolution of marriage, legal separation, and annulment cases coming before the court. On or after the first day of July and before the first day of August of 1991 and each year thereafter, a majority of the judges of the division of domestic relations shall elect one of the judges of the division as administrative judge of that division. If a majority of the judges of the division of domestic relations are unable for any reason to elect an administrative judge for the division before the first day of August, a majority of the judges of the Hamilton county court of common pleas, as soon as possible after that date, shall elect one of the judges of the division of domestic relations as administrative judge of that division. The term of the administrative judge shall begin on the earlier of the first day of August of the year in which the administrative judge is elected or the date on which the administrative judge is elected by a majority of the judges of the Hamilton county court of common pleas and shall terminate on the date on which the administrative judge's successor is elected in the following year.

In addition to the judge's regular duties, the administrative judge of the division of domestic relations shall be the administrator of the domestic relations division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the division engaged in handling, servicing, or investigating divorce, dissolution of marriage, legal separation, and annulment cases, including any referees considered necessary by the judges in the discharge of their various duties.

The administrative judge of the division of domestic relations also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division, and shall fix the duties of its personnel. The duties of the personnel, in addition to those provided for in other sections of the Revised Code, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and counseling and conciliation services that may be made available to persons requesting them, whether or not the persons are parties to an action pending in the division.

The board of county commissioners shall appropriate the sum of money each year as will meet all the administrative expenses of the division of domestic relations, including reasonable expenses of the domestic relations judges and the division counselors and other employees designated to conduct the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases, conciliation and counseling, and all matters relating to those cases and counseling, and the expenses involved in the attendance of division personnel at domestic relations and welfare conferences designated by the division, and the further sum each year as will provide for the adequate operation of the division of domestic relations.

The compensation and expenses of all employees and the salary and expenses of the judges shall be paid by the county treasurer from the money appropriated for the operation of the division, upon the warrant of the county auditor, certified to by the administrative judge of the division of domestic relations.

The summonses, warrants, citations, subpoenas, and other writs of the division may issue to a bailiff, constable, or staff investigator of the division or to the sheriff of any county or any marshal, constable, or police officer, and the provisions of law relating to the subpoenaing of witnesses in other cases shall apply insofar as they are applicable. When a summons, warrant, citation, subpoena, or other writ is issued to an officer, other than a bailiff, constable, or staff investigator of the division, the expense of serving it shall be assessed as a part of the costs in the case involved.

(3) The judge of the court of common pleas of Hamilton County whose term begins on January 3, 1997, shall be elected and designated for one term only as the drug court judge of the court of common pleas of Hamilton County, and the successors to that judge shall be elected and designated as judges of the general division of the court of common pleas of Hamilton county and shall not have the authority granted by division (B)(3) of this section. The drug court judge may accept or reject any case referred to the drug court judge under division (B)(3) of this section. After the drug court judge accepts a referred case, the drug court judge has full authority over the case, including the authority to conduct arraignment, accept pleas, enter findings and dispositions, conduct trials, order treatment, and if treatment is not successfully completed pronounce and enter sentence.

A judge of the general division of the court of common pleas of Hamilton County and a judge of the Hamilton County municipal court may refer to the drug court judge any case, and any companion cases, the judge determines meet the criteria described under divisions (B)(3)(a) and (b) of this section. If the drug court judge accepts referral of a referred case, the case, and any companion cases, shall be transferred to the drug court judge. A judge may refer a case meeting the criteria described in divisions (B)(3)(a) and (b) of this section that involves a violation of a term of probation to the drug court judge, and, if the drug court judge accepts the referral, the referring judge and the drug court judge have concurrent jurisdiction over the case.

A judge of the general division of the court of common pleas of Hamilton County and a judge of the Hamilton County municipal court may refer a case to the drug court judge under division (B)(3) of this section if the judge determines that both of the following apply:

(a) One of the following applies:

(i) The case involves a drug abuse offense, as defined in section 2925.01 of the Revised Code, that is a felony of the third or fourth degree if the offense is committed prior to July 1, 1996, a felony of the third, fourth, or fifth degree if the offense is committed on or after July 1, 1996, or a misdemeanor.

(ii) The case involves a theft offense, as defined in section 2913.01 of the Revised Code, that is a felony of the third or fourth degree if the offense is committed prior to July 1, 1996, a felony of the third, fourth, or fifth degree if the offense is committed on or after July 1, 1996, or a misdemeanor, and the defendant is drug or alcohol dependent or in danger of becoming drug or alcohol dependent and would benefit from treatment.

(b) All of the following apply:

(i) The case involves a probationable offense or a case in which a mandatory prison term is not required to be imposed.

(ii) The defendant has no history of violent behavior.

(iii) The defendant has no history of mental illness.

(iv) The defendant's current or past behavior, or both, is drug or alcohol driven.

(v) The defendant demonstrates a sincere willingness to participate in a fifteen-month treatment process.

(vi) The defendant has no acute health condition.

(vii) If the defendant is incarcerated, the county prosecutor approves of the referral.

(4) If the administrative judge of the court of common pleas of Hamilton county determines that the volume of cases pending before the drug court judge does not constitute a sufficient caseload for the drug court judge, the administrative judge, in accordance with the Rules of Superintendance SUPERINTENDENCE for Courts of Common Pleas, shall assign individual cases to the drug court judge from the general docket of the court. If the assignments so occur, the administrative judge shall cease the assignments when the administrative judge determines that the volume of cases pending before the drug court judge constitutes a sufficient caseload for the drug court judge.

(C) In Lorain county, the judges of the court of common pleas whose terms begin on January 3, 1959, and January 4, 1989, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Lorain county and shall be elected and designated as the judges of the court of common pleas, division of domestic relations. They shall have all of the powers relating to juvenile courts, and all cases under Chapter 2151. of the Revised Code, all parentage proceedings over which the juvenile court has jurisdiction, and all divorce, dissolution of marriage, legal separation, and annulment cases shall be assigned to them, except in any cases that for some special reason are assigned to some other judge of the court of common pleas.

(D)(1) In Lucas county, the judges of the court of common pleas whose terms begin on January 1, 1955, and January 3, 1965, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Lucas county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. All divorce, dissolution of marriage, legal separation, and annulment cases shall be assigned to them.

The judge of the division of domestic relations, senior in point of service, shall be considered as the presiding judge of the court of common pleas, division of domestic relations, and shall be charged exclusively with the assignment and division of the work of the division and the employment and supervision of all other personnel of the domestic relations division.

(2) The judges of the court of common pleas whose terms begin on January 5, 1977, and January 2, 1991, and successors shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Lucas county, shall be elected and designated as judges of the court of common pleas, juvenile division, and shall be the juvenile judges as provided in Chapter 2151. of the Revised Code with the powers and jurisdictions conferred by that chapter. In addition to the judge's regular duties, the judge of the court of common pleas, juvenile division, senior in point of service, shall be the administrator of the juvenile division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the division engaged in handling, servicing, or investigating juvenile cases, including any referees considered necessary by the judges of the division in the discharge of their various duties.

The judge of the court of common pleas, juvenile division, senior in point of service, also shall designate the title, compensation, expense allowance, hours, leaves of absence, and vacation of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel, in addition to other statutory duties include the handling, servicing, and investigation of juvenile cases and counseling and conciliation services that may be made available to persons requesting them, whether or not the persons are parties to an action pending in the division.

(3) If one of the judges of the court of common pleas, division of domestic relations, or one of the judges of the juvenile division is sick, absent, or unable to perform that the judge's judicial duties or the volume of cases pending in that judge's division necessitates it, the duties shall be performed by the judges of the other of those divisions.

(E)(1) In Mahoning county, the judge of the court of common pleas whose term began on January 1, 1955, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Mahoning county, shall be elected and designated as judge of the court of common pleas, division of domestic relations, and shall be assigned all the divorce, dissolution of marriage, legal separation, and annulment cases coming before the court. In addition to the judge's regular duties, the judge of the court of common pleas, division of domestic relations, shall be the administrator of the domestic relations division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the division engaged in handling, servicing, or investigating divorce, dissolution of marriage, legal separation, and annulment cases, including any referees considered necessary in the discharge of the various duties of the judge's office.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and counseling and conciliation services that may be made available to persons requesting them, whether or not the persons are parties to an action pending in the division.

(2) The judge of the court of common pleas whose term began on January 2, 1969, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Mahoning county, shall be elected and designated as judge of court of common pleas, juvenile division, and shall be the juvenile judge as provided in Chapter 2151. of the Revised Code, with the powers and jurisdictions conferred by that chapter. In addition to the judge's regular duties, the judge of the court of common pleas, juvenile division, shall be the administrator of the juvenile division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the division engaged in handling, servicing, or investigating juvenile cases, including any referees considered necessary by the judge in the discharge of the judge's various duties.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of juvenile cases and counseling and conciliation services that may be made available to persons requesting them, whether or not the persons are parties to an action pending in the division.

(3) If a judge of the court of common pleas, division of domestic relations or juvenile division, is sick, absent, or unable to perform that judge's judicial duties, or the volume of cases pending in that judge's division necessitates it, that the judge's duties shall be performed by another judge of the court of common pleas.

(F)(1) In Montgomery county, the judges of the court of common pleas whose terms begin on January 2, 1953, and January 4, 1977, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Montgomery county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. These judges shall have assigned to them all divorce, dissolution of marriage, legal separation, and annulment cases.

The judge of the division of domestic relations, senior in point of service, shall be charged exclusively with the assignment and division of the work of the division and shall have charge of the employment and supervision of the personnel of the division engaged in handling, servicing, or investigating divorce, dissolution of marriage, legal separation, and annulment cases, including any necessary referees, except those employees who may be appointed by the judge, junior in point of service, under this section and sections 2301.12, 2301.18, and 2301.19 of the Revised Code. The judge of the division of domestic relations, senior in point of service, also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix their duties.

(2) The judges of the court of common pleas whose terms begin on January 1, 1953, and January 1, 1993, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Montgomery county, shall be elected and designated as judges of the court of common pleas, juvenile division, and shall be, and have the powers and jurisdiction of, the juvenile judge as provided in Chapter 2151. of the Revised Code.

In addition to the judge's regular duties, the judge of the court of common pleas, juvenile division, senior in point of service, shall be the administrator of the juvenile division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the juvenile division, including any necessary referees, who are engaged in handling, servicing, or investigating juvenile cases. The judge, senior in point of service, also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of juvenile cases and of any counseling and conciliation services that are available upon request to persons, whether or not they are parties to an action pending in the division.

If one of the judges of the court of common pleas, division of domestic relations, or one of the judges of the court of common pleas, juvenile division, is sick, absent, or unable to perform that the judge's duties or the volume of cases pending in that judge's division necessitates it, the duties of that judge may be performed by the judge or judges of the other of those divisions.

(G) In Richland county, the judge of the court of common pleas whose term begins on January 1, 1957, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Richland county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. That judge shall have all of the powers relating to juvenile courts, and all cases under Chapter 2151. of the Revised Code, all parentage proceedings over which the juvenile court has jurisdiction, and all divorce, dissolution of marriage, legal separation, and annulment cases shall be assigned to that judge, except in cases that for some special reason are assigned to some other judge of the court of common pleas.

(H) In Stark county, the judges of the court of common pleas whose terms begin on January 1, 1953, January 2, 1959, and January 1, 1993, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Stark county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. They shall have all the powers relating to juvenile courts, and all cases under Chapter 2151. of the Revised Code, all parentage proceedings over which the juvenile court has jurisdiction, and all divorce, dissolution of marriage, legal separation, and annulment cases, except cases that are assigned to some other judge of the court of common pleas for some special reason, shall be assigned to the judges.

The judge of the division of domestic relations, second most senior in point of service, shall have charge of the employment and supervision of the personnel of the division engaged in handling, servicing, or investigating divorce, dissolution of marriage, legal separation, and annulment cases, and necessary referees required for his THE JUDGE'S respective court.

The judge of the division of domestic relations, senior in point of service, shall be charged exclusively with the administration of sections 2151.13, 2151.16, 2151.17, and 2151.18 of the Revised Code and with the assignment and division of the work of the division and the employment and supervision of all other personnel of the division, including, but not limited to, that judge's necessary referees, but excepting those employees who may be appointed by the judge second most senior in point of service. The senior judge further shall serve as administrator of the bureau of aid to dependent children and shall serve in every other position in which the statutes permit or require a juvenile judge to serve.

(I) In Summit county:

(1) The judges of the court of common pleas whose terms begin on January 4, 1967, and January 6, 1993, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Summit county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. The judges of the division of domestic relations shall have assigned to them and hear all divorce, dissolution of marriage, legal separation, and annulment cases that come before the court.

The judge of the division of domestic relations, senior in point of service, shall be the administrator of the domestic relations division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the division, including any necessary referees, who are engaged in handling, servicing, or investigating divorce, dissolution of marriage, legal separation, and annulment cases. That judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and of any counseling and conciliation services that are available upon request to all persons, whether or not they are parties to an action pending in the division.

(2) The judge of the court of common pleas whose term begins on January 1, 1955, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Summit county, shall be elected and designated as judge of the court of common pleas, juvenile division, and shall be, and have the powers and jurisdiction of, the juvenile judge as provided in Chapter 2151. of the Revised Code.

The juvenile judge shall be the administrator of the juvenile division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the juvenile division, including any necessary referees, who are engaged in handling, servicing, or investigating juvenile cases. The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of juvenile cases and of any counseling and conciliation services that are available upon request to persons, whether or not they are parties to an action pending in the division.

(J) In Trumbull county, the judges of the court of common pleas whose terms begin on January 1, 1953, and January 2, 1977, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Trumbull county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. They shall have all the powers relating to juvenile courts, and all cases under Chapter 2151. of the Revised Code, all parentage proceedings over which the juvenile court has jurisdiction, and all divorce, dissolution of marriage, legal separation, and annulment cases shall be assigned to them, except cases that for some special reason are assigned to some other judge of the court of common pleas.

(K) In Butler county:

(1) The judges of the court of common pleas whose terms begin on January 1, 1957, and January 4, 1993, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Butler county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. The judges of the division of domestic relations shall have assigned to them all divorce, dissolution of marriage, legal separation, and annulment cases coming before the court, except in cases that for some special reason are assigned to some other judge of the court of common pleas. The judge senior in point of service shall be charged with the assignment and division of the work of the division and with the employment and supervision of all other personnel of the domestic relations division.

The judge senior in point of service also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(2) The judge of the court of common pleas whose term begins on January 3, 1987, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Butler county, shall be elected and designated as judge of the court of common pleas, juvenile division, and shall be the juvenile judge as provided in Chapter 2151. of the Revised Code, with the powers and jurisdictions conferred by that chapter. The judge of the court of common pleas, juvenile division, shall be the administrator of the juvenile division and its subdivisions and departments. The judge shall have charge of the employment, assignment, and supervision of the personnel of the juvenile division who are engaged in handling, servicing, or investigating juvenile cases, including any referees whom the judge considers necessary for the discharge of the judge's various duties.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of juvenile cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(3) If a judge of the court of common pleas, division of domestic relations or juvenile division, is sick, absent, or unable to perform that the judge's judicial duties or the volume of cases pending in the judge's division necessitates it, the duties of that judge shall be performed by the other judges of the domestic relations and juvenile divisions.

(L)(1) In Cuyahoga county, the judges of the court of common pleas whose terms begin on January 8, 1961, January 9, 1961, January 18, 1975, January 19, 1975, and January 13, 1987, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Cuyahoga county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. They shall have all the powers relating to all divorce, dissolution of marriage, legal separation, and annulment cases, except in cases that are assigned to some other judge of the court of common pleas for some special reason.

(2) The administrative judge is administrator of the domestic relations division and its subdivisions and departments and has the following powers concerning division personnel:

(a) Full charge of the employment, assignment, and supervision;

(b) Sole determination of compensation, duties, expenses, allowances, hours, leaves, and vacations.

(3) "Division personnel" include persons employed or referees engaged in hearing, servicing, investigating, counseling, or conciliating divorce, dissolution of marriage, legal separation and annulment matters.

(M) In Lake county:

(1) The judge of the court of common pleas whose term begins on January 2, 1961, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Lake county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all the divorce, dissolution of marriage, legal separation, and annulment cases coming before the court, except in cases that for some special reason are assigned to some other judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of all other personnel of the domestic relations division.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(2) The judge of the court of common pleas whose term begins on January 4, 1979, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Lake county, shall be elected and designated as judge of the court of common pleas, juvenile division, and shall be the juvenile judge as provided in Chapter 2151. of the Revised Code, with the powers and jurisdictions conferred by that chapter. The judge of the court of common pleas, juvenile division, shall be the administrator of the juvenile division and its subdivisions and departments. The judge shall have charge of the employment, assignment, and supervision of the personnel of the juvenile division who are engaged in handling, servicing, or investigating juvenile cases, including any referees whom the judge considers necessary for the discharge of the judge's various duties.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of juvenile cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(3) If a judge of the court of common pleas, division of domestic relations or juvenile division, is sick, absent, or unable to perform that the judge's judicial duties or the volume of cases pending in the judge's division necessitates it, the duties of that judge shall be performed by the other judges of the domestic relations and juvenile divisions.

(N) In Erie county, the judge of the court of common pleas whose term begins on January 2, 1971, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judge of the court of common pleas of Erie county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall have all the powers relating to juvenile courts, and shall be assigned all cases under Chapter 2151. of the Revised Code, parentage proceedings over which the juvenile court has jurisdiction, and divorce, dissolution of marriage, legal separation, and annulment cases, except cases that for some special reason are assigned to some other judge.

(O) In Greene county:

(1) The judge of the court of common pleas whose term begins on January 1, 1961, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Greene county and shall be elected and designated as the judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, annulment, uniform reciprocal support enforcement, and domestic violence cases and all other cases related to domestic relations, except cases that for some special reason are assigned to some other judge of the court of common pleas.

The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of all other personnel of the division. The judge also shall designate the title, compensation, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel of the division, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and the provision of counseling and conciliation services that the division considers necessary and makes available to persons who request the services, whether or not the persons are parties in an action pending in the division. The compensation for the personnel shall be paid from the overall court budget and shall be included in the appropriations for the existing judges of the general division of the court of common pleas.

(2) The judge of the court of common pleas whose term begins on January 1, 1995, and successors shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Greene county, shall be elected and designated as judge of the court of common pleas, juvenile division, and, on or after January 1, 1995, shall be the juvenile judge as provided in Chapter 2151. of the Revised Code with the powers and jurisdiction conferred by that chapter. The judge of the court of common pleas, juvenile division, shall be the administrator of the juvenile division and its subdivisions and departments. The judge shall have charge of the employment, assignment, and supervision of the personnel of the juvenile division who are engaged in handling, servicing, or investigating juvenile cases, including any referees whom the judge considers necessary for the discharge of the judge's various duties.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of juvenile cases and providing any counseling and conciliation services that the court makes available to persons, whether or not the persons are parties to an action pending in the court, who request the services.

(3) If one of the judges of the court of common pleas, general division, is sick, absent, or unable to perform that the judge's judicial duties or the volume of cases pending in the general division necessitates it, the duties of that judge of the general division shall be performed by the judge of the division of domestic relations and the judge of the juvenile division.

(P) In Portage county, the judge of the court of common pleas, whose term begins January 2, 1987, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Portage county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases coming before the court, except in cases that for some special reason are assigned to some other judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of all other personnel of the domestic relations division.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(Q) In Clermont county, the judge of the court of common pleas, whose term begins January 2, 1987, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Clermont county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases coming before the court, except in cases that for some special reason are assigned to some other judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of all other personnel of the domestic relations division.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(R) In Warren county, the judge of the court of common pleas, whose term begins January 1, 1987, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Warren county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases coming before the court, except in cases that for some special reason are assigned to some other judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of all other personnel of the domestic relations division.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(S) In Licking county, the judge of the court of common pleas, whose term begins January 1, 1991, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Licking county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases, all cases arising under Chapter 3111. of the Revised Code, all proceedings involving child support, the allocation of parental rights and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation, and all post-decree proceedings and matters arising from those cases and proceedings, except in cases that for some special reason are assigned to another judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of the personnel of the division.

The judge shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel of the division, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases, cases arising under Chapter 3111. of the Revised Code, and proceedings involving child support, the allocation of parental rights and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(T) In Allen county, the judge of the court of common pleas, whose term begins January 1, 1993, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Allen county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases, all cases arising under Chapter 3111. of the Revised Code, all proceedings involving child support, the allocation of parental rights and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation, and all post-decree proceedings and matters arising from those cases and proceedings, except in cases that for some special reason are assigned to another judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of the personnel of the division.

The judge shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel of the division, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases, cases arising under Chapter 3111. of the Revised Code, and proceedings involving child support, the allocation of parental rights and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation, and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(U) In Medina county, the judge of the court of common pleas whose term begins January 1, 1995, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Medina county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases, all cases arising under Chapter 3111. of the Revised Code, all proceedings involving child support, the allocation of parental rights and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation, and all post-decree proceedings and matters arising from those cases and proceedings, except in cases that for some special reason are assigned to another judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of the personnel of the division.

The judge shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases, cases arising under Chapter 3111. of the Revised Code, and proceedings involving child support, the allocation of parental rights and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation, and providing counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(V) In Fairfield county, the judge of the court of common pleas whose term begins January 2, 1995, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Fairfield county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases, all cases arising under Chapter 3111. of the Revised Code, all proceedings involving child support, the allocation of parental rights and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation, and all post-decree proceedings and matters arising from those cases and proceedings, except in cases that for some special reason are assigned to another judge of the court of common pleas. The judge also has concurrent jurisdiction with the probate-juvenile division of the court of common pleas of Fairfield county with respect to and may hear cases to determine the custody of a child, as defined in section 2151.011 of the Revised Code, who is not the ward of another court of this state, cases that are commenced by a parent, guardian, or custodian of a child, as defined in section 2151.011 of the Revised Code, to obtain an order requiring a parent of the child to pay child support for that child when the request for that order is not ancillary to an action for divorce, dissolution of marriage, annulment, or legal separation, a criminal or civil action involving an allegation of domestic violence, an action for support under Chapter 3115. of the Revised Code, or an action that is within the exclusive original jurisdiction of the probate-juvenile division of the court of common pleas of Fairfield county and that involves an allegation that the child is an abused, neglected, or dependent child, and post-decree proceedings and matters arising from those types of cases.

The judge of the domestic relations division shall be charged with the assignment and division of the work of the division and with the employment and supervision of the personnel of the division.

The judge shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel of the division, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases, cases arising under Chapter 3111. of the Revised Code, and proceedings involving child support, the allocation of parental rights and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation, and providing any counseling and conciliation services that the division makes available to persons, regardless of whether the persons are parties to an action pending in the division, who request the services. When the judge hears a case to determine the custody of a child, as defined in section 2151.011 of the Revised Code, who is not the ward of another court of this state or a case that is commenced by a parent, guardian, or custodian of a child, as defined in section 2151.011 of the Revised Code, to obtain an order requiring a parent of the child to pay child support for that child when the request for that order is not ancillary to an action for divorce, dissolution of marriage, annulment, or legal separation, a criminal or civil action involving an allegation of domestic violence, an action for support under Chapter 3115. of the Revised Code, or an action that is within the exclusive original jurisdiction of the probate-juvenile division of the court of common pleas of Fairfiled FAIRFIELD county and that involves an allegation that the child is an abused, neglected, or dependent child, the duties of the personnel of the domestic relations division also include the handling, servicing, and investigation of those types of cases.

(W)(1) In Clark county, the judge of the court of common pleas whose term begins on January 2, 1995, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Clark county and shall be elected and designated as judge of the court of common pleas, domestic relations division. The judge shall have all the powers relating to juvenile courts, and all cases under Chapter 2151. of the Revised Code and all parentage proceedings under Chapter 3111. of the Revised Code over which the juvenile court has jurisdiction shall be assigned to the judge of the division of domestic relations. All divorce, dissolution of marriage, legal separation, annulment, uniform reciprocal support enforcement, and other cases related to domestic relations shall be assigned to the domestic relations division, and the presiding judge of the court of common pleas shall assign the cases to the judge of the domestic relations division and the judges of the general division.

(2) In addition to the judge's regular duties, the judge of the division of domestic relations shall serve on the children services board and the county advisory board.

(3) If the judge of the court of common pleas of Clark county, division of domestic relations, is sick, absent, or unable to perform that the judge's judicial duties or if the presiding judge of the court of common pleas of Clark county determines that the volume of cases pending in the division of domestic relations necessitates it, the duties of the judge of the division of domestic relations shall be performed by the judges of the general division or probate division of the court of common pleas of Clark county, as assigned for that purpose by the presiding judge of that court, and the judges so assigned shall act in conjunction with the judge of the division of domestic relations of that court.

(X) In Scioto county, the judge of the court of common pleas whose term begins January 2, 1995, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Scioto county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases, all cases arising under Chapter 3111. of the Revised Code, all proceedings involving child support, the allocation of parental rights and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, visitation, and all post-decree proceedings and matters arising from those cases and proceedings, except in cases that for some special reason are assigned to another judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of the personnel of the division.

The judge shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases, cases arising under Chapter 3111. of the Revised Code, and proceedings involving child support, the allocation of parental rights and responsibilities for the care of children and the designation for the children of a place of residence and legal custodian, and visitation, and providing counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(Y) In Auglaize county, the judge of the probate and juvenile divisions of the Auglaize county court of common pleas also shall be the administrative judge of the domestic relations division of the court and shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases coming before the court. The judge shall have all powers as administrator of the domestic relations division and shall have charge of the personnel engaged in handling, servicing, or investigating divorce, dissolution of marriage, legal separation, and annulment cases, including any referees considered necessary for the discharge of the judge's various duties.

(Z) If a judge of the court of common pleas, division of domestic relations, or juvenile judge, of any of the counties mentioned in this section is sick, absent, or unable to perform that the judge's judicial duties or the volume of cases pending in the judge's division necessitates it, the duties of that judge shall be performed by another judge of the court of common pleas of that county, assigned for that purpose by the presiding judge of the court of common pleas of that county to act in place of or in conjunction with that judge, as the case may require.

Sec. 2301.35. (A) The board of county commissioners in each county, by resolution, shall designate one of the following A PERSON OR GOVERNMENT ENTITY WITHIN OR OUTSIDE THE COUNTY as the child support enforcement agency for the county: the county department of human services, the office of the prosecuting attorney, a bureau within the court of common pleas, or. A DESIGNATED GOVERNMENT ENTITY MAY BE a separate agency under the direct control of the board and administered by an official appointed by the board OR ANY OTHER GOVERNMENT ENTITY. The board shall enter into a contract with the designated entity as required by division (B) of this section. If, on or before December 31, 1987, the board does not designate and enter into a contract with an entity to be the county's child support enforcement agency, the county department of human services is hereby designated as the child support enforcement agency for the county THE BOARD, BY RESOLUTION, MAY CHANGE ITS DESIGNATION OF THE CHILD SUPPORT ENFORCEMENT AGENCY BY DESIGNATING ANOTHER PERSON OR GOVERNMENT ENTITY UNDER THIS DIVISION OR PURSUANT TO ONE OR MORE AGREEMENTS UNDER DIVISION (D) OF SECTION 307.98 of the Revised Code. A GOVERNMENT ENTITY THAT BECOMES A CHILD SUPPORT ENFORCEMENT AGENCY PURSUANT TO DIVISION (D) OF SECTION 307.98 of the Revised Code IS HEREBY DEEMED TO HAVE BEEN DESIGNATED UNDER THIS SECTION. IF THE BOARD CHANGES ITS DESIGNATION, IT SHALL PROVIDE AT LEAST SIXTY DAYS' NOTICE TO THE STATE DEPARTMENT OF HUMAN SERVICES AND PUBLISH NOTICE OF THE INTENT TO MAKE THE CHANGE IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN THE COUNTY AT LEAST SIXTY DAYS BEFORE THE CHANGE IS TO TAKE EFFECT.

(B)(1) Each TIME A CHILD SUPPORT ENFORCEMENT AGENCY IS DESIGNATED UNDER THIS SECTION, THE board of county commissioners shall enter into a contract with the child support enforcement agency for the county served by the board, as designated under division (A) of this section. The contract shall specify the services the agency is to provide and may contain other provisions relating to the operation of the agency. The form and terms of the contract shall be consistent with the rules adopted by the state department of human services under division (D) of this section. The board thereafter, by resolution, may change its designation of the child support enforcement agency after providing at least sixty days' notice to the state department of human services and publishing notice of intent to change the designation in a newspaper of general circulation within the county at least sixty days before the change takes effect. The board shall enter into a contract under this division with any child support enforcement agency it designates under this section.

(2)(a) If a board of county commissioners, by resolution, changes its designation of the child support enforcement agency by designating a new department, office, bureau, or agency as the designated child support enforcement agency for the county, the board, notwithstanding any other section of the Revised Code, shall adopt a resolution stating that any employees of the previously designated child support enforcement agency for that county who also are employees of the newly designated child support enforcement agency for that county and who are not otherwise covered by a collective bargaining agreement shall be treated as transfers to the newly designated agency. The board of county commissioners shall state all of the following in the resolution:

(i) That the conditions of employment, compensation, and benefits of the transferred employees shall be consistent with the conditions of employment, compensation, and benefits of the other employees of the department, office, bureau, or agency that is the newly designated child support enforcement agency for that county;

(ii) That the transferred employees of the previously designated child support enforcement agency who become employees of the newly designated child support enforcement agency shall retain any rights they have as to classification status and benefits;

(iii) That those transferred employees may transfer vacation leave, sick leave, and other earned benefits that they earned while employed at the previously designated child support enforcement agency to the newly designated child support enforcement agency or that they may be paid for the earned benefits;

(iv) That, if the action taken by the board of county commissioners in the resolution transferring the employees to the newly designated child support enforcement agency results in a reduction in pay for the employees, the reduction in pay shall not be considered a reduction in pay pursuant to section 124.34 of the Revised Code;

(v) That the parties to the collective bargaining agreement shall agree to include any comparable classified employee into the existing bargaining unit for the newly designated child support enforcement agency.

(b) The employees of a previously designated child support enforcement agency who also are employees of the newly designated child support enforcement agency for that county and who are covered by a collective bargaining agreement shall continue to be covered by that agreement until the agreement expires or is renegotiated. The parties to the collective bargaining agreement shall agree to include any comparable classified employee in the existing bargaining unit for the newly designated child support enforcement agency at any time the transferred employee is not otherwise covered by a collective bargaining agreement IN ADDITION TO THE CONTRACT ENTERED INTO UNDER DIVISION (B)(1) OF THIS SECTION, EACH CHILD SUPPORT ENFORCEMENT AGENCY SHALL ENTER INTO A WRITTEN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS UNDER DIVISION (C) OF SECTION 307.98 of the Revised Code AND COMPLY WITH AGREEMENTS THE BOARD ENTERS INTO UNDER THAT SECTION THAT AFFECT THE AGENCY.

(C) The child support enforcement agency for a county is the local Title IV-D agency for the county and shall operate a program for support enforcement in the county, which program shall comply with Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, any rules adopted pursuant to that title, and sections 2151.23, 2151.33, 2301.34 to 2301.42, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3111.20, 3111.21, 3111.22, 3113.04, 3113.21 to 3113.219, 3113.31, and 3115.22 of the Revised Code. Each child support enforcement agency shall be operated under the supervision of the state department of human services in accordance with the program of child support enforcement established pursuant to section 5101.31 of the Revised Code, shall be responsible in the county it serves for the collection of payments due under support orders, and shall perform all administrative duties related to the collection of payments due under any support order. No child support enforcement agency shall use any social security number made available to it under section 3705.07 of the Revised Code for any purpose other than child support enforcement. The department shall ensure that all child support enforcement agencies comply with all applicable state and federal support regulations, including the affirmative duties of Title IV-D of the Social Security Act.

Each child support enforcement agency may enter into contracts with public agencies and private vendors for the collection of amounts due under support orders, for assistance in establishing paternity or support obligations, or for the performance of other administrative duties of the agency. Each child support enforcement agency may contract with a collection agent in accordance with section 2301.42 of the Revised Code for the collection of arrearages described in that section. Before entering into a contract for the collection of support, assistance in establishing paternity or support obligations, or for other administrative services, a child support enforcement agency shall comply with sections 307.86 to 307.92 of the Revised Code and any rules adopted by the state department of human services pursuant to division (D)(1) of this section.

(D)(1) The state department of human services shall adopt rules under Chapter 119. of the Revised Code governing the operation of support enforcement by child support enforcement agencies. The rules shall include, but shall not be limited to, provisions relating to contracts between the agencies and boards of county commissioners entered into under division (B)(1) of this section, requirements for public hearings by the agencies, and provisions for appeals of agency decisions under procedures established by the department.

(2) The state department of human services shall adopt in accordance with Chapter 119. of the Revised Code rules governing the establishment by child support enforcement agencies of on-site genetic testing programs to be used in actions under sections 3111.01 to 3111.19 of the Revised Code and in administrative procedures under sections 3111.20 to 3111.29 of the Revised Code. The rules shall include, but are not limited to, provisions relating to the environment in which a blood or buccal cell sample may be drawn, the medical personnel who may draw a sample, the trained personnel who may perform the genetic comparison, the types of genetic testing that may be performed on a sample, and the procedure for notifying the court of the location at which the sample will be drawn, who will draw the sample, and who will perform the genetic testing on the sample, and any other procedures or standards the department determines are necessary for the implementation of on-site genetic testing.

(E)(1) The state department of human services shall adopt, under Chapter 119. of the Revised Code, support enforcement performance standards and rules establishing financial sanctions for counties that fail to comply with the standards and shall make the standards and rules available to the public, boards of county commissioners, and child support enforcement agencies. The department shall determine the degree to which each child support enforcement agency is complying with the standards. If the department finds any child support enforcement agency to be substantially out of compliance with the standards, it shall require the agency and the board of county commissioners of the county served by the agency to prepare a plan to bring the agency into compliance with the standards. The plan may include a change in the designation of the child support enforcement agency. If the plan does not result in compliance with the standards, the department shall impose a financial sanction upon the county. The board of county commissioners shall make a separate appropriation for the child support enforcement agency in the amount of the sanction and transfer that amount to the agency. The child support enforcement agency shall not pay any part of the sanction, and the board of county commissioners shall not decrease county funding for the agency because of the sanction. If the board of county commissioners fails to make the full appropriation and transfer as required by this division, the department shall certify to the tax commissioner the amount of the sanction. The tax commissioner shall deduct that amount from the local government fund distribution to which the county itself would otherwise be entitled and remit the amount directly to the child support enforcement agency to be deposited by the agency into a separate account to be used solely for support enforcement purposes. If the department subsequently determines that the agency has attained substantial compliance with the standards and that the county has appropriated sufficient funds for the agency to maintain its budget at the level necessary to continue to be in substantial compliance, the department shall certify its determination to the tax commissioner, and the tax commissioner shall resume remitting to the county the entire amount of the local government fund distribution. The board of county commissioners may appeal a financial sanction under Chapter 119. of the Revised Code.

(2) The state department of human services shall adopt, under Chapter 119. of the Revised Code, rules requiring each child support enforcement agency to complete within designated periods of time specified percentages of parentage cases in which the agency or the mother of a child is attempting to establish a parent and child relationship between the child and the father of the child and rules establishing financial sanctions for counties that fail to comply with the requirements. The department shall make copies of the rules available upon request to the public, boards of county commissioners, and child support enforcement agencies. The department shall determine the degree to which each child support enforcement agency is complying with the requirements. If the department finds any child support enforcement agency to be substantially out of compliance with the requirements, it shall require the agency and the board of county commissioners of the county served by the agency to prepare a plan to bring the agency into compliance with the requirements and to submit the plan to the department. The plan may include a change in the designation of the child support enforcement agency. If the plan does not result in compliance with the requirements, the department shall impose a financial sanction upon the county. If a financial sanction is imposed upon a county, the board of county commissioners may appeal the sanction under Chapter 119. of the Revised Code.

(F) Each child support enforcement agency designated under this section shall enter into written agreements with the courts, the prosecuting attorney, and law enforcement officials of the county it serves, which agreements shall establish cooperative working arrangements and specify areas of responsibility for the enforcement of support among the agency, courts, and officials. The agreements shall provide for the reimbursement of the courts and law enforcement officials for the responsibilities they assume and actions they undertake pursuant to such agreements.

(G)(F)(1) Every child support enforcement agency shall maintain records listing the date a support order was entered, the amount of any payment made under it, the date on which payments are required to be made, the names and addresses of the parties affected by the order, and the current records of payments and disbursements.

(2) Each obligor and each obligee under a support order may review all records maintained under division (G)(F)(1) of this section that pertain to the support order and any other information in any file maintained by the child support enforcement agency, except to the extent prohibited by state or federal law.

(H)(G)(1) If a court or administrative agency issues or modifies a support order on or after October 5, 1987, regardless of when the modified support order was issued, the child support enforcement agency of the county shall collect the greater of two per cent of the support payment to be collected under a support order or one dollar per month from the obligor under the support order. The child support enforcement agency and the court shall enter into an agreement that provides for the application by December 31, 1988, of that amount to all support orders issued prior to October 5, 1987, unless the date for the application of that amount to those orders is extended by mutual agreement between the child support enforcement agency and the court. The obligor shall pay the amount with every current support payment, and with every payment on arrearages. If an obligor fails to pay the required amount with each support payment due in increments specified under the support order, the child support enforcement agency shall maintain a separate arrearage account of that amount for that obligor. The agency shall not deduct the unpaid amount from any support payment due to the obligee in increments specified under the support order. If an obligor pays the required amount, the child support enforcement agency is not required to apply that payment toward any arrearages under the support payment. No moneys received by a child support enforcement agency pursuant to this division shall be used for any purpose other than the provision of funds for the administration of its program of support enforcement.

(2) The board of county commissioners of each county shall budget and appropriate to the child support enforcement agency serving the county all of the following:

(a) Money collected pursuant to division (H)(G)(1) of this section;

(b) All federal money payable to the county on the basis of its success in collecting overdue support obligations, establishing paternity, and implementing other activities related to child support enforcement under Title IV-D of the Social Security Act;

(c) Any funds that may be received from other federal or state sources for the child support enforcement agency;

(d) Notwithstanding any provision of the Revised Code that provides otherwise, all interest earned on moneys in the child support enforcement agency's depository accounts.

(3) All moneys received from the federal or state government for reimbursement for support enforcement activities shall be used solely for support enforcement activities.

(4) A board of county commissioners may request that the department of human services grant a waiver of the requirement that the money specified in division (H)(G)(2)(b) of this section be budgeted and appropriated to the child support enforcement agency if the board can demonstrate, by meeting criteria established by the department, that the child support enforcement agency is effectively using procedures for establishing paternity, meeting the mandated service needs of clients, and complying with all applicable state and federal support rules and regulations.

(I)(H) A child support enforcement agency may invest any of the moneys collected pursuant to the performance of its duties under sections 2301.34 to 2301.42 of the Revised Code in a repurchase agreement in which a bank agrees to sell short-term federally guaranteed securities with an obligation of the bank to repurchase the securities. All interest derived pursuant to investments made under this division shall be retained by the child support enforcement agency and used solely for support enforcement activities.

(J)(I)(1) Subject to division (J)(I)(2) of this section, all support orders that are administered by a child support enforcement agency designated under this section and are eligible for Title IV-D services shall be Title IV-D cases under Title IV-D of the "Social Security Act." Subject to division (J)(I)(2) of this section, all obligees of support orders administered by the child support enforcement agency shall be considered to have filed a signed application for Title IV-D services.

(2) A court that, on or after July 1, 1990, issues or modifies a support order shall require the obligee under the order to sign, at the time of the issuance or modification of the order, an application for Title IV-D services and to file, as soon as possible, the signed application with the child support enforcement agency that will administer the order. The application shall be on a form prescribed by the department of human services. A support order that is issued or modified on or after July 1, 1990, that is administered by a child support enforcement agency, and that is eligible for Title IV-D services shall be a Title IV-D case under Title IV-D of the "Social Security Act" only upon the filing of the signed application for Title IV-D services.

(3) A child support enforcement agency shall make available an application for Title IV-D services to all persons requesting a child support enforcement agency's assistance in an action under sections 3111.01 to 3111.19 of the Revised Code or in an administrative proceeding brought under sections 3111.20 to 3111.29 of the Revised Code.

(K)(J)(1) As used in this section, "current support payment" means the amount of support due an obligee that an obligor is required to pay in a particular payment for the current month as specified in a support order. "Current support payment" does not include payments on arrearages under the support order.

(2) As used in the Revised Code, "child support enforcement agency" means the child support enforcement agency designated under this section, INCLUDING A GOVERNMENT ENTITY THAT BECOMES A CHILD SUPPORT ENFORCEMENT AGENCY PURSUANT TO DIVISION (D) OF SECTION 307.98 of the Revised Code.

Sec. 2301.351. (A) Each child support enforcement agency designated under section 2301.35 of the Revised Code shall report to the director of human services or to the county director of human services the amounts of support payments required by a court-ordered support order or an administrative support order to be made to each person whose name or social security number or other identification number is the same as that of a recipient of public assistance whose name is submitted to the agency by the director under section 5101.36 of the Revised Code. The agency also shall report the name and social security number or other identification number of the person responsible for the support payments and the amounts of support payments made to third parties on behalf of such persons, except for payments made to the county department of human services. The agency shall comply with the rules of the department of human services restricting the disclosure of information concerning recipients of public assistance.

(B) Each court or child support enforcement agency that issues a court-ordered support order or an administrative support order for the payment of support pursuant to Chapter 3115. or section 2151.23, 2151.231, 2151.33, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3111.20, 3111.21, 3111.22, 3111.23, 3113.04, or 3113.31 of the Revised Code shall report to the director of human services the name, address, and social security number or other identification number of each person responsible for the support payments under the support order, regardless of whether the person to whom payments are to be made is a recipient of public assistance. The report also shall indicate whether the support order is being administered by the child support enforcement agency of the county.

(C) The reports sent to the director pursuant to divisions (A) and (B) of this section shall be maintained in accordance with section 5101.311 of the Revised Code in an alphabetical list of support orders by the division of child support in the department of human services.

(D) For the purposes of this section:

(1) "Public assistance" means medical assistance under section 5111.01 of the Revised Code, aid to dependent children OHIO WORKS FIRST under Chapter 5107. of the Revised Code, or disability assistance under Chapter 5115. of the Revised Code.

(2) "Administrative support order" means a support order issued by a child support enforcement agency pursuant to section 3111.20, 3111.21, 3111.22, or 3111.23 of the Revised Code.

Sec. 2301.357. (A) Each child support enforcement agency shall adopt a paternity compliance plan, establish a paternity compliance unit, and submit the adopted plan to the division of support of the department of human services in accordance with the rules adopted pursuant to section 5101.324 of the Revised Code, except that, if a child support enforcement agency submitted a CORRECTIVE ACTION plan to the department pursuant to division (E)(2) (A)(1) of section 2301.35 5101.24 of the Revised Code and if that plan is currently in effect, the agency is not required to comply with this division.

(B) The department of human services shall enter into a contract with the department of health that requires the department of health to enter into a contract with local hospitals for the provision of staff by the hospitals to meet with unmarried women who give birth in or en route to the particular hospital. The contract between the department of human services and the department of health shall provide for reimbursement to the hospitals for the administrative cost of providing staff to meet the responsibilities set forth in section 3727.17 of the Revised Code. The contract between the department of health and a local hospital shall require all of the following:

(1) That a hospital staff person meet with each unmarried mother who gave birth in or en route to the hospital within twenty-four hours of the birth or before the mother is released from the hospital;

(2) That the staff person attempt to meet with the father of the unmarried mother's child if possible;

(3) That the staff person explain to the unmarried mother and the father, if he is present, the benefit to the child of establishing a parent and child relationship between the father and the child and the various proper procedures for establishing a parent and child relationship;

(4) That the staff person present to the unmarried mother and, if possible, the father a pamphlet or statement regarding the rights and responsibilities of a natural parent that is prepared and provided by the department of human services;

(5) That the staff person provide the mother and, if possible, the father, all forms, statements, and agreements necessary to voluntarily establish a parent and child relationship, including, but not limited to, the acknowledgment of paternity required by section 2105.18 of the Revised Code and the voluntary agreement to be bound by the results of genetic testing described in section 3111.21 of the Revised Code;

(6) That the staff person, at the request of both the mother and father, help the mother and father complete any form, statement, or agreement necessary to establish a parent and child relationship;

(7) That the staff person present to an unmarried mother who is not a recipient of medicaid or aid to dependent children ASSISTANCE UNDER CHAPTER 5107. OR 5111. of the Revised Code an application for Title IV-D services;

(8) That the staff person forward any completed acknowledgment of paternity to the probate court in the county in which the child or the guardian or legal custodian of the child resides.

Sec. 2301.36. (A) Upon issuing or modifying a support order, issuing any withholding or deduction notice described in division (D) of section 3113.21 of the Revised Code, or issuing a court order described in division (D)(6) or (7) of that section, the court shall require that support payments be made to the child support enforcement agency of the county as trustee for remittance to the person entitled to receive payments, except as otherwise provided in sections 2151.49 and 3113.07 of the Revised Code. Any payment of money by the person responsible for the support payments under a support order to the person entitled to receive the support payments that is not made to the child support enforcement agency in accordance with the applicable support order shall not be considered as a payment of support and, unless the payment is made to discharge an obligation other than support, shall be deemed to be a gift. Section 329.043 and division (C) of section 3113.211 of the Revised Code apply to support payments made to the child support enforcement agency.

(B) Upon issuing or modifying a support order, issuing any withholding or deduction notice described in division (D) of section 3113.21 of the Revised Code, or issuing a court order described in division (D)(6) or (7) of that section or at any time after the issuance or modification of the order, the court may order the child support enforcement agency to transmit the payments or make them payable to any third person that is either agreed upon by the parties and approved by the court or appointed by the court. Third persons include, but are not limited to, a trustee, a custodian, the guardian of the estate of the child, the county department of human services, county children's PUBLIC CHILDREN services board AGENCY, or any appropriate social agency.

(C) Any person named pursuant to division (B) of this section is entitled to receive the support payments. The court may allow the person to receive a reasonable fee for services rendered pursuant to this section. The person shall make financial reports in connection with these services at the time and in the manner prescribed by the court or as required by law.

(D) The parties affected by the support order shall inform the child support enforcement agency of any change of name or address or other change of conditions that may affect the administration of the order.

(E) Any person entitled to receive support payments either personally or on behalf of another person, by reason of any support order that does not direct that payments be made to the child support enforcement agency, may apply to the appropriate agency for the administration of the order. Upon receipt of the application, the agency has the same powers to administer the order as it would have had if the order had been entered under division (A) of this section. The agency shall notify the obligor by any method of service authorized under the Civil Rules to make all support payments due after service of the notice upon him THE OBLIGOR to the agency. An obligor so notified by a child support enforcement agency shall make all subsequent payments to the agency unless the involved court, upon the obligor's application filed within thirty days after service of the notice upon him THE OBLIGOR, orders the agency not to administer the support order.

Sec. 2301.372. If a court or a child support enforcement agency fails to comply with the requirements of section 2301.37 or 3113.21 of the Revised Code and if the rights to support have been assigned to the department of human services under section 5107.07 5107.11 of the Revised Code or the responsibility for the collection of support has been assumed under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, the child support enforcement agency shall, unless the office of the prosecuting attorney has been designated as the child support enforcement agency for the county under section 2301.35 of the Revised Code, notify the prosecuting attorney of the county in which the obligee resides. If the office of the prosecuting attorney has been designated as the child support enforcement agency, the board of county commissioners of the county shall seek a writ of mandamus under Chapter 2731. of the Revised Code directing the prosecuting attorney to comply with the requirements of this section and section 2301.37 or 3113.21 of the Revised Code. Upon receipt of the notice or the issuance of the writ of mandamus, the prosecuting attorney shall commence either or both of the following:

(A) Proceedings under section 3113.21 of the Revised Code requesting the issuance of one or more orders under division (D) of that section;

(B) A civil action in the small claims division of the municipal or county court within whose jurisdiction the obligor resides.

Sec. 2329.66. (A) Every person who is domiciled in this state may hold property exempt from execution, garnishment, attachment, or sale to satisfy a judgment or order, as follows:

(1)(a) In the case of a judgment or order regarding money owed for health care services rendered or health care supplies provided to the person or a dependent of the person, one parcel or item of real or personal property that the person or a dependent of the person uses as a residence. Division (A)(1)(a) of this section does not preclude, affect, or invalidate the creation under this chapter of a judgment lien upon the exempted property but only delays the enforcement of the lien until the property is sold or otherwise transferred by the owner or in accordance with other applicable laws to a person or entity other than the surviving spouse or surviving minor children of the judgment debtor. Every person who is domiciled in this state may hold exempt from a judgment lien created pursuant to division (A)(1)(a) of this section the person's interest, not to exceed five thousand dollars, in the exempted property.

(b) In the case of all other judgments and orders, the person's interest, not to exceed five thousand dollars, in one parcel or item of real or personal property that the person or a dependent of the person uses as a residence.

(2) The person's interest, not to exceed one thousand dollars, in one motor vehicle;

(3) The person's interest, not to exceed two hundred dollars in any particular item, in wearing apparel, beds, and bedding, and the person's interest, not to exceed three hundred dollars in each item, in one cooking unit and one refrigerator or other food preservation unit;

(4)(a) The person's interest, not to exceed four hundred dollars, in cash on hand, money due and payable, money to become due within ninety days, tax refunds, and money on deposit with a bank, savings and loan association, credit union, public utility, landlord, or other person. Division (A)(4)(a) of this section applies only in bankruptcy proceedings. This exemption may include the portion of personal earnings that is not exempt under division (A)(13) of this section.

(b) Subject to division (A)(4)(d) of this section, the person's interest, not to exceed two hundred dollars in any particular item, in household furnishings, household goods, appliances, books, animals, crops, musical instruments, firearms, and hunting and fishing equipment, that are held primarily for the personal, family, or household use of the person.

(c) Subject to division (A)(4)(d) of this section, the person's interest in one or more items of jewelry, not to exceed four hundred dollars in one item of jewelry and not to exceed two hundred dollars in every other item of jewelry.

(d) Divisions (A)(4)(b) and (c) of this section do not include items of personal property listed in division (A)(3) of this section.

If the person does not claim an exemption under division (A)(1) of this section, the total exemption claimed under division (A)(4)(b) of this section shall be added to the total exemption claimed under division (A)(4)(c) of this section, and the total shall not exceed two thousand dollars. If the person claims an exemption under division (A)(1) of this section, the total exemption claimed under division (A)(4)(b) of this section shall be added to the total exemption claimed under division (A)(4)(c) of this section, and the total shall not exceed one thousand five hundred dollars.

(5) The person's interest, not to exceed an aggregate of seven hundred fifty dollars, in all implements, professional books, or tools of the person's profession, trade, or business, including agriculture;

(6)(a) The person's interest in a beneficiary fund set apart, appropriated, or paid by a benevolent association or society, as exempted by section 2329.63 of the Revised Code;

(b) The person's interest in contracts of life or endowment insurance or annuities, as exempted by section 3911.10 of the Revised Code;

(c) The person's interest in a policy of group insurance or the proceeds of a policy of group insurance, as exempted by section 3917.05 of the Revised Code;

(d) The person's interest in money, benefits, charity, relief, or aid to be paid, provided, or rendered by a fraternal benefit society, as exempted by section 3921.18 of the Revised Code;

(e) The person's interest in the portion of benefits under policies of sickness and accident insurance and in lump-sum payments for dismemberment and other losses insured under those policies, as exempted by section 3923.19 of the Revised Code.

(7) The person's professionally prescribed or medically necessary health aids;

(8) The person's interest in a burial lot, including, but not limited to, exemptions under section 517.09 or 1721.07 of the Revised Code;

(9) The person's interest in the following:

(a) Moneys paid or payable for living maintenance or rights, as exempted by section 3304.19 of the Revised Code;

(b) Workers' compensation, as exempted by section 4123.67 of the Revised Code;

(c) Unemployment compensation benefits, as exempted by section 4141.32 of the Revised Code;

(d) Aid to dependent children OHIO WORKS FIRST payments, as exempted by section 5107.12 of the Revised Code;

(e) Disability assistance payments, as exempted by section 5115.07 of the Revised Code.

(10)(a) Except in cases in which the person was convicted of or pleaded guilty to a violation of section 2921.41 of the Revised Code and in which an order for the withholding of restitution from payments was issued under division (C)(2)(b) of that section or in cases in which an order for withholding was issued under section 2907.15 of the Revised Code, and only to the extent provided in the order, and except as provided in sections 2929.181, 3105.171, 3105.63, 3111.23, and 3113.21 of the Revised Code, the person's right to a pension, benefit, annuity, retirement allowance, or accumulated contributions, the person's right to a participant account in any deferred compensation program offered by the Ohio public employees deferred compensation board, a government unit, or a municipal corporation, or the person's other accrued or accruing rights, as exempted by section 145.56, 145.75, 146.13, 742.47, 3307.71, 3309.66, or 5505.22 of the Revised Code, and the person's right to benefits from the firemen and policemen's death benefit fund;

(b) Except as provided in sections 3111.23 and 3113.21 of the Revised Code, the person's right to receive a payment under any pension, annuity, or similar plan or contract, not including a payment from a stock bonus or profit-sharing plan or a payment included in division (A)(6)(b) or (10)(a) of this section, on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the person and any of the person's dependents, except if all the following apply:

(i) The plan or contract was established by or under the auspices of an insider that employed the person at the time the person's rights under the plan or contract arose.

(ii) The payment is on account of age or length of service.

(iii) The plan or contract is not qualified under the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended.

(c) Except for any portion of the assets that were deposited for the purpose of evading the payment of any debt and except as provided in sections 3111.23 and 3113.21 of the Revised Code, the person's right in the assets held in, or to receive any payment under, any individual retirement account, individual retirement annuity, or Keogh or "H.R. 10" plan that provides benefits by reason of illness, disability, death, or age, to the extent reasonably necessary for the support of the person and any of the person's dependents.

(11) The person's right to receive spousal support, child support, an allowance, or other maintenance to the extent reasonably necessary for the support of the person and any of the person's dependents;

(12) The person's right to receive, or moneys received during the preceding twelve calendar months from, any of the following:

(a) An award of reparations under sections 2743.51 to 2743.72 of the Revised Code, to the extent exempted by division (D) of section 2743.66 of the Revised Code;

(b) A payment on account of the wrongful death of an individual of whom the person was a dependent on the date of the individual's death, to the extent reasonably necessary for the support of the person and any of the person's dependents;

(c) Except in cases in which the person who receives the payment is an inmate, as defined in section 2969.21 of the Revised Code, and in which the payment resulted from a civil action or appeal against a government entity or employee, as defined in section 2969.21 of the Revised Code, a payment, not to exceed five thousand dollars, on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the person or an individual for whom the person is a dependent;

(d) A payment in compensation for loss of future earnings of the person or an individual of whom the person is or was a dependent, to the extent reasonably necessary for the support of the debtor and any of the debtor's dependents.

(13) Except as provided in sections 3111.23 and 3113.21 of the Revised Code, personal earnings of the person owed to the person for services rendered within thirty days before the issuing of an attachment or other process, the rendition of a judgment, or the making of an order, under which the attempt may be made to subject those earnings to the payment of a debt, damage, fine, or amercement, in an amount equal to the greater of the following amounts:

(a) If paid weekly, thirty times the current federal minimum hourly wage; if paid biweekly, sixty times the current federal minimum hourly wage; if paid semimonthly, sixty-five times the current federal minimum hourly wage; or if paid monthly, one hundred thirty times the current federal minimum hourly wage that is in effect at the time the earnings are payable, as prescribed by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C. 206(a)(1), as amended;

(b) Seventy-five per cent of the disposable earnings owed to the person.

(14) The person's right in specific partnership property, as exempted by division (B)(3) of section 1775.24 of the Revised Code;

(15) A seal and official register of a notary public, as exempted by section 147.04 of the Revised Code;

(16) The person's interest in a tuition credit or a payment under section 3334.09 of the Revised Code pursuant to a tuition credit contract, as exempted by section 3334.15 of the Revised Code;

(17) Any other property that is specifically exempted from execution, attachment, garnishment, or sale by federal statutes other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 U.S.C.A. 101, as amended;

(18) The person's interest, not to exceed four hundred dollars, in any property, except that division (A)(18) of this section applies only in bankruptcy proceedings.

(B) As used in this section:

(1) "Disposable earnings" means net earnings after the garnishee has made deductions required by law, excluding the deductions ordered pursuant to section 3111.23 or 3113.21 of the Revised Code.

(2) "Insider" means:

(a) If the person who claims an exemption is an individual, a relative of the individual, a relative of a general partner of the individual, a partnership in which the individual is a general partner, a general partner of the individual, or a corporation of which the individual is a director, officer, or in control;

(b) If the person who claims an exemption is a corporation, a director or officer of the corporation; a person in control of the corporation; a partnership in which the corporation is a general partner; a general partner of the corporation; or a relative of a general partner, director, officer, or person in control of the corporation;

(c) If the person who claims an exemption is a partnership, a general partner in the partnership; a general partner of the partnership; a person in control of the partnership; a partnership in which the partnership is a general partner; or a relative in, a general partner of, or a person in control of the partnership;

(d) An entity or person to which or whom any of the following applies:

(i) The entity directly or indirectly owns, controls, or holds with power to vote, twenty per cent or more of the outstanding voting securities of the person who claims an exemption, unless the entity holds the securities in a fiduciary or agency capacity without sole discretionary power to vote the securities or holds the securities solely to secure to debt and the entity has not in fact exercised the power to vote.

(ii) The entity is a corporation, twenty per cent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the person who claims an exemption or by an entity to which division (B)(2)(d)(i) of this section applies.

(iii) A person whose business is operated under a lease or operating agreement by the person who claims an exemption, or a person substantially all of whose business is operated under an operating agreement with the person who claims an exemption.

(iv) The entity operates the business or all or substantially all of the property of the person who claims an exemption under a lease or operating agreement.

(e) An insider, as otherwise defined in this section, of a person or entity to which division (B)(2)(d)(i), (ii), (iii), or (iv) of this section applies, as if the person or entity were a person who claims an exemption;

(f) A managing agent of the person who claims an exemption.

(3) "Participant account" has the same meaning as in section 145.71 of the Revised Code.

(4) "Government unit" has the same meaning as in section 145.74 of the Revised Code.

(C) For purposes of this section, "interest" shall be determined as follows:

(1) In bankruptcy proceedings, as of the date a petition is filed with the bankruptcy court commencing a case under Title 11 of the United States Code;

(2) In all cases other than bankruptcy proceedings, as of the date of an appraisal, if necessary under section 2329.68 of the Revised Code, or the issuance of a writ of execution.

An interest, as determined under division (C)(1) or (2) of this section, shall not include the amount of any lien otherwise valid pursuant to section 2329.661 of the Revised Code.

Sec. 2715.041. (A) Upon the filing of a motion for an order of attachment pursuant to section 2715.03 of the Revised Code, the plaintiff shall file with the clerk of the court a praecipe instructing the clerk to issue to the defendant against whom the motion was filed a notice of the proceeding. Upon receipt of the praecipe, the clerk shall issue the notice which shall be in substantially the following form:

	"(Name and Address of Court)
	Case No...................

(Case Caption)

You are hereby notified that (name and address of plaintiff), the plaintiff in this proceeding, has applied to this court for the attachment of property in your possession. The basis for this application is indicated in the documents that are enclosed with this notice.

The law of Ohio and the United States provides that certain benefit payments cannot be taken from you to pay a debt. Typical among the benefits that cannot be attached or executed on by a creditor are:

(1) Workers' compensation benefits;

(2) Unemployment compensation payments;

(3) Aid to dependent children (A.D.C.) OHIO WORKS FIRST;

(4) Disability assistance administered by the Ohio department of human services;

(5) Social security benefits;

(6) Supplemental security income (S.S.I.);

(7) Veteran's benefits;

(8) Black lung benefits;

(9) Certain pensions.

Additionally, your wages never can be taken to pay a debt until a judgment has been obtained against you. There may be other benefits not included in this list that apply in your case.

If you dispute the plaintiff's claim and believe that you are entitled to retain possession of the property because it is exempt or for any other reason, you may request a hearing before this court by disputing the claim in the request for hearing form appearing below, or in a substantially similar form, and delivering the request for the hearing to this court, at the office of the clerk of this court, not later than the end of the fifth business day after you receive this notice. You may state your reasons for disputing the claim in the space provided on the form, but you are not required to do so. If you do state your reasons for disputing the claim in the space provided on the form, you are not prohibited from stating any other reasons at the hearing, and if you do not state your reasons, it will not be held against you by the court and you can state your reasons at the hearing.

If you request a hearing, it will be conducted in ................... courtroom ........, (address of court), at .............m. on ............., 19.....

You may avoid having a hearing but retain possession of the property until the entry of final judgment in the action by filing with the court, at the office of the clerk of this court, not later than the end of the fifth business day after you receive this notice, a bond executed by an acceptable surety in the amount of $............

If you do not request a hearing or file a bond on or before the end of the fifth business day after you receive this notice, the court, without further notice to you, may order a law enforcement officer or bailiff to take possession of the property. Notice of the dates, times, places, and purposes of any subsequent hearings and of the date, time, and place of the trial of the action will be sent to you.

	Clerk of the Court
	Date: "

(B) Along with the notice required by division (A) of this section, the clerk of the court also shall deliver to the defendant, in accordance with division (C) of this section, a request for hearing form together with a postage-paid, self-addressed envelope or a request for hearing form on a postage-paid, self-addressed postcard. The request for hearing shall be in substantially the following form:

Case Number ....................... Date ...............

I dispute the claim for the attachment of property in the above case and request that a hearing in this matter be held at the time and place set forth in the notice that I previously received.

I dispute the claim for the following reasons:

(Optional)

	(Name of Defendant)
	(Signature)
	(Date)

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY BE REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING."

(C) The notice required by division (A) of this section shall be served on the defendant in duplicate not less than seven business days prior to the date on which the hearing is scheduled, together with a copy of the complaint and summons, if not previously served, and a copy of the motion for the attachment of property and the affidavit attached to the motion, in the same manner as provided in the Rules of Civil Procedure for the service of process. Service may be effected by publication as provided in the Rules of Civil Procedure except that the number of weeks for publication may be reduced by the court to the extent appropriate.

Sec. 2715.045. (A) Upon the filing of a motion for attachment, a court may issue an order of attachment without issuing notice to the defendant against whom the motion was filed and without conducting a hearing if the court finds that there is probable cause to support the motion and that the plaintiff that filed the motion for attachment will suffer irreparable injury if the order is delayed until the defendant against whom the motion has been filed has been given the opportunity for a hearing. The court's findings shall be based upon the motion and affidavit filed pursuant to section 2715.03 of the Revised Code and any other relevant evidence that it may wish to consider.

(B) A finding by the court that the plaintiff will suffer irreparable injury may be made only if the court finds the existence of either of the following circumstances:

(1) There is present danger that the property will be immediately disposed of, concealed, or placed beyond the jurisdiction of the court.

(2) The value of the property will be impaired substantially if the issuance of an order of attachment is delayed.

(C)(1) Upon the issuance by a court of an order of attachment without notice and hearing pursuant to this section, the plaintiff shall file the order with the clerk of the court, together with a praecipe instructing the clerk to issue to the defendant against whom the order was issued a copy of the motion, affidavit, and order of attachment, and a notice that an order of attachment was issued and that the defendant has a right to a hearing on the matter. The clerk then immediately shall serve upon the defendant, in the manner provided by the Rules of Civil Procedure for service of process, a copy of the complaint and summons, if not previously served, a copy of the motion, affidavit, and order of attachment, and the following notice:

You are hereby notified that this court has issued an order in the above case in favor of (name and address of plaintiff), the plaintiff in this proceeding, directing that property now in your possession, be taken from you. This order was issued on the basis of the plaintiff's claim against you as indicated in the documents that are enclosed with this notice.

The law of Ohio and the United States provides that certain benefit payments cannot be taken from you to pay a debt. Typical among the benefits that cannot be attached or executed on by a creditor are:

(1) Workers' compensation benefits;

(2) Unemployment compensation payments;

(3) Aid to dependent children (A.D.C.) OHIO WORKS FIRST;

(4) Disability assistance administered by the Ohio department of human services;

(5) Social security benefits;

(6) Supplemental security income (S.S.I.);

(7) Veteran's benefits;

(8) Black lung benefits;

(9) Certain pensions.

Additionally, your wages never can be taken to pay a debt until a judgment has been obtained against you. There may be other benefits not included in this list that apply in your case.

If you dispute the plaintiff's claim and believe that you are entitled to possession of the property because it is exempt or for any other reason, you may request a hearing before this court by disputing the claim in the request for hearing form, appearing below, or in a substantially similar form, and delivering the request for hearing to this court at the above address, at the office of the clerk of this court, no later than the end of the fifth business day after you receive this notice. You may state your reasons for disputing the claim in the space provided on the form; however, you are not required to do so. If you do state your reasons for disputing the claim, you are not prohibited from stating any other reasons at the hearing, and if you do not state your reasons, it will not be held against you by the court and you can state your reasons at the hearing. If you request a hearing, it will be held within three business days after delivery of your request for hearing and notice of the date, time, and place of the hearing will be sent to you.

You may avoid a hearing but recover and retain possession of the property until the entry of final judgment in the action by filing with the court, at the office of the clerk of this court, not later than the end of the fifth business day after you receive this notice, a bond executed by an acceptable surety in the amount of $.........

If you do not request a hearing or file a bond before the end of the fifth business day after you receive this notice, possession of the property will be withheld from you during the pendency of the action. Notice of the dates, times, places, and purposes of any subsequent hearings and of the date, time, and place of the trial of the action will be sent to you.

	Clerk of the Court
	Date"

(2) Along with the notice required by division (C)(1) of this section, the clerk of the court also shall deliver to the defendant a request for hearing form together with a postage-paid, self-addressed envelope or a request for hearing form on a postage-paid, self-addressed postcard. The request for hearing shall be in substantially the following form:

Case Number ...................... Date .............

I dispute the claim for possession of property in the above case and request that a hearing in this matter be held within three business days after delivery of this request to the court.

I dispute the claim for the following reasons:

(Optional)

	(Name of Defendant)
	(Signature)
	(Date)

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AND POSSESSION OF THE PROPERTY WILL BE WITHHELD FROM YOU DURING THE PENDENCY OF THE ACTION."

(D) The defendant may receive a hearing in accordance with section 2715.043 of the Revised Code by delivering a written request for hearing to the court within five business days after receipt of the notice provided pursuant to division (C) of this section. The request may set forth the defendant's reasons for disputing the plaintiff's claim for possession of property. However, neither the defendant's inclusion of nor his failure to include such reasons upon the request constitutes a waiver of any defense of the defendant or affects the defendant's right to produce evidence at any hearing or at the trial of the action. If the request is made by the defendant, the court shall schedule a hearing within three business days after the request is made, send notice to the parties of the date, time, and place of the hearing, and hold the hearing accordingly.

(E) If, after hearing, the court finds that there is not probable cause to support the motion, it shall order that the property be redelivered to the defendant without the condition of bond.

Sec. 2716.13. (A) Upon the filing of a proceeding in garnishment of property, other than personal earnings, under section 2716.11 of the Revised Code, the court shall cause the matter to be set for hearing within twelve days thereafter.

(B) Upon the scheduling of a hearing relative to a proceeding in garnishment of property, other than personal earnings, under division (A) of this section, the clerk of the court immediately shall issue to the garnishee three copies of the order of garnishment of property, other than personal earnings, together with the garnishee's fee required by section 2716.12 of the Revised Code and with a written notice that the garnishee answer as provided in section 2716.21 of the Revised Code. The copies of the order and notice shall be served upon the garnishee in the same manner as for the service of a summons. In no case shall the order and notice be served later than seven days prior to the date on which the hearing is scheduled. The order shall bind the property, other than personal earnings, of the judgment debtor in the possession of the garnishee at the time of service.

The order of garnishment of property, other than personal earnings, and notice to answer, three copies of which shall be served upon the garnishee, shall be in substantially the following form:

The State of Ohio

County of ............, ss

..................., Judgment Creditor

vs

..................., Judgment Debtor

The judgment creditor in the above case has filed an affidavit, satisfactory to the undersigned, in the .............. Court stating that you have money, property, or credits, other than personal earnings, in your hands or under your control that belong to the judgment debtor in the case, and that some of the money, property, or credits may not be exempt from execution or garnishment under the laws of the State of Ohio or the laws of the United States.

You are therefore ordered to complete section (B) of this form, and return the completed original of this form, together with any amount shown due on it, to the ........... Court not later than ........... Deliver one completed copy of this form to the indicated judgment debtor. Keep the other copy for your files.

The total probable amount now due on this judgment, including interest and court costs, is $................

You also are ordered to hold safely anything of value that belongs to the indicated judgment debtor that has to be paid to the court, as determined under section (B) of this form, but that is of such a nature that it cannot be so delivered, until further order of the court.

Witness my hand and the seal of this court this .......... day of .........., 19...... ............................... Judge

Now comes ........., the garnishee who says:

1. That the garnishee has money, property, or credits, other than personal earnings, of the indicated judgment debtor under the garnishee's control and in the garnishee's possession.

yes	no	if yes amount

2. Said property is described as:

3. If the answer to line 1 is "yes" and the amount is less than the probable amount now due on the judgment, including interest and costs, as indicated in section (A) of this form, sign and return this form and pay the amount of line 1 to the clerk of this court.

4. If the answer to line 1 is "yes" and the amount is greater than that probable amount now due, sign and return this form and pay that probable amount now due to the clerk of this court.

5. If the answer to line 1 is "yes" but the money, property, or credits are of such a nature that they cannot be delivered to the clerk of the court, indicate that by placing an "X" in this space: ...... Do not dispose of that money, property, or credits or give them to anyone else until further order of the court.

6. If the answer to line 1 is "no"", sign and return this form to the clerk of this court.

I certify that the statements above are true. ............................. (Print Name of Garnishee) ............................. (Print Name and Title of Person Who Completed Form)

Signed

(Signature of Person Completing Form)

Dated this .......... day of .......... 19....."

Section A of the form described in this division shall be filled in before service. Section B of the form shall be filled in by the garnishee and the original filed with the court as the garnishee's answer. The garnishee may keep one completed copy and shall deliver the other completed copy to the judgment debtor.

If there are several orders of garnishment of property, other than personal earnings, against the same judgment debtor, they shall be issued in the same order in which they were received by the clerk.

(C)(1) At the time of the filing of a proceeding in garnishment of property, other than personal earnings, under section 2716.11 of the Revised Code, the judgment creditor also shall file with the clerk of the court a praecipe instructing the clerk to issue to the judgment debtor a notice and a hearing request form. Upon receipt of the praecipe and the scheduling of a hearing relative to an action in garnishment of property, other than personal earnings, under division (A) of this section, the clerk of the court immediately shall serve upon the judgment debtor, in accordance with division (D) of this section, two copies of the notice to the judgment debtor and hearing request form. In no case shall the copies of the notice and hearing request form be served later than seven days prior to the date on which the hearing is scheduled.

(a) The notice to the judgment debtor that must be served upon the judgment debtor shall be in substantially the following form:

(Case Caption) ........... Case No. ...........

You are hereby notified that this court has issued an order in the above case in favor of (name and address of judgment creditor), the judgment creditor in this proceeding, directing that some of your money, property, or credits, other than personal earnings, now in the possession of (name and address of garnishee), the garnishee in this proceeding, be used to satisfy your debt to the judgment creditor. This order was issued on the basis of the judgment creditor's judgment against you that was obtained in (name of court) in (case number) on (date). Upon your receipt of this notice, you are prohibited from removing or attempting to remove such money, property, or credits until expressly permitted by the court. Any violation of this prohibition subjects you to punishment for contempt of court.

The law of Ohio and the United States provides that certain benefit payments cannot be taken from you to pay a debt. Typical among the benefits that cannot be attached or executed upon by a creditor are:

(1) Workers' compensation benefits;

(2) Unemployment compensation payments;

(3) Aid to dependent children (A.D.C.) OHIO WORKS FIRST;

(4) Disability assistance administered by the Ohio department of human services;

(5) Social security benefits;

(6) Supplemental security income (S.S.I.);

(7) Veteran's benefits;

(8) Black lung benefits;

(9) Certain pensions.

Additionally, wages under a certain amount may not be taken to pay the debt. There may be other benefits not included in the above list that apply in your case.

If you dispute the judgment creditor's right to garnish your property and believe that the judgment creditor should not be given your money, property, or credits, other than personal earnings, now in the possession of the indicated garnishee because they are exempt or if you feel that this order is improper for any other reason, you may request a hearing before this court by disputing the claim in the request for hearing form, appearing below, or in a substantially similar form, and delivering the request for hearing to this court at the above address, at the office of the clerk of this court no later than the end of the fifth business day after you receive this notice. You may state your reasons for disputing the judgment creditor's right to garnish your property in the space provided on the form but you are not required to do so. If you do state your reasons for disputing the judgment creditor's right, you are not prohibited from stating any other reason at the hearing, and if you do not state your reasons, it will not be held against you by the court and you can state your reasons at the hearing.

If you request a hearing, the hearing will be limited to a consideration of the amount of your money, property, or credits, other than personal earnings, in the possession or control of the indicated garnishee, if any, that can be used to satisfy all or part of the judgment you owe to the judgment creditor. No objections to the judgment itself will be heard or considered at any such hearing.

If you request a hearing by delivering your request for hearing no later than the end of the fifth business day after you receive this notice, it will be conducted in .......... courtroom .........., (address of court), at ..... m. on .........., 19...... You may request the court to conduct the hearing before this date by indicating your request in the space provided on the form; the court then will send you notice of any change in the date, time, or place of the hearing. If you do not request a hearing by delivering your request for hearing no later than the end of the fifth business day after you receive this notice, some of your money, property, or credits, other than personal earnings, will be paid to the judgment creditor.

If you have any questions concerning this matter, you may contact the office of the clerk of this court. If you want legal representation, you should contact your lawyer immediately. If you need the name of a lawyer, contact the local bar association. ............................. Clerk of the Court ............................. Date

(b) The hearing request form that must be served upon the judgment debtor shall have attached to it a postage-paid, self-addressed envelope or shall be on a postage-paid self-addressed postcard, and shall be in substantially the following form:

Case Number.......... Date..........

I dispute the judgment creditor's right to garnish my money, property, or credits, other than personal earnings, in the above case and request that a hearing in this matter be held the date and time set

(Insert "on" or "earlier than")

forth in the document entitled "NOTICE OF THE JUDGMENT DEBTOR" that I received with this request form.

I dispute the judgment creditor's right to garnish my property for the following reasons:

(Optional)

	(Name of Judgment Debtor)
	(Signature)
	(Date)

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AND SOME OF YOUR MONEY, PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, NOW IN THE POSSESSION OF (GARNISHEE'S NAME) WILL BE PAID TO (JUDGMENT CREDITOR'S NAME) TO SATISFY SOME OF YOUR DEBT TO HIM (JUDGEMENT JUDGMENT CREDITOR'S NAME)."

(2) The judgment debtor may receive a hearing in accordance with this division by delivering a written request for hearing to the court within five business days after receipt of the notice provided pursuant to division (C)(1) of this section. The request may set forth the judgment debtor's reasons for disputing the judgment creditor's right to garnish the money, property, or credits, other than wages; however, neither the judgment debtor's inclusion of nor failure to include such reasons upon the request constitutes a waiver of any defense of the judgment debtor or affects the judgment debtor's right to produce evidence at any hearing. If the request is made by the judgment debtor within the prescribed time, the hearing shall be limited to a consideration of the amount of money, property, or credits, other than wages, of the judgment debtor in the hands of the garnishee, if any, that can be used to satisfy all or part of the debt owed by the judgment debtor to the judgment creditor. If a request for a hearing is not received by the court within the prescribed time, the hearing scheduled pursuant to division (A) of this section shall be canceled unless the court grants the judgment debtor a continuance in accordance with division (C)(3) of this section.

(3) If the judgment debtor does not request a hearing in the action within the prescribed time pursuant to division (C)(2) of this section, the court nevertheless may grant a continuance of the scheduled hearing if the judgment debtor, prior to the time at which the hearing was scheduled, as indicated on the notice to the judgment debtor required by division (C)(1) of this section, establishes a reasonable justification for his failure to request the hearing within the prescribed time. If the court grants such a continuance of the hearing, it shall cause the matter to be set for hearing as soon as practicable thereafter. The continued hearing shall be conducted in accordance with division (C)(2) of this section.

(4) The court may conduct the hearing on the matter prior to the time at which the hearing was scheduled, as indicated on the notice to the judgment debtor required by division (C)(1) of this section, upon the request of the judgment debtor. The parties shall be sent notice, by the clerk of the court, by regular mail, of any change in the date, time, or place of the hearing.

(5) If the scheduled hearing is canceled and no continuance is granted, the court shall issue an order to the garnishee to pay all or some of the money, property, or credits, other than wages, of the judgment debtor in the possession of the garnishee at the time of service of the notice and order into court if they have not already been paid to the court. This order shall be based on the answer of the garnishee filed pursuant to this section. If the scheduled hearing is conducted or if it is continued and conducted, the court shall determine at the hearing the amount of the money, property, or credits, other than wages, of the judgment debtor in the possession of the garnishee at the time of service of the notice and order, if any, that can be used to satisfy all or part of the debt owed by the judgment debtor to the judgment creditor, and issue an order, accordingly, to the garnishee to pay that amount into court if it has not already been paid to the court.

(D) The notice to the judgment debtor and hearing request form, as described in division (C) of this section, shall be sent by the clerk by ordinary or regular mail service unless the judgment creditor requests that service be made in accordance with the Rules of Civil Procedure, in which case the notice and form shall be served in accordance with the Rules of Civil Procedure. Any court of common pleas that issues an order of garnishment of property, other than personal earnings, under this section has jurisdiction to serve process pursuant to this section upon a garnishee who does not reside within the jurisdiction of the court. Any county court or municipal court that issues an order of garnishment of property, other than personal earnings, under this section has jurisdiction to serve process pursuant to this section upon a garnishee who does not reside within the jurisdiction of the court.

Sec. 2901.30. (A) As used in sections 2901.30 to 2901.32 of the Revised Code:

(1) "Information" means information that can be integrated into the computer system and that relates to the physical or mental description of a minor including, but not limited to, height, weight, color of hair and eyes, use of eyeglasses or contact lenses, skin coloring, physical or mental handicaps, special medical conditions or needs, abnormalities, problems, scars and marks, and distinguishing characteristics, and other information that could assist in identifying a minor including, but not limited to, full name and nickname, date and place of birth, age, names and addresses of parents and other relatives, fingerprints, dental records, photographs, social security number, driver's license number, credit card numbers, bank account numbers, and clothing.

(2) "Minor" means a person under eighteen years of age.

(3) "Missing children" or "missing child" means either of the following:

(a) A minor who has run away from or who otherwise is missing from the home of, or the care, custody, and control of, the minor's parents, parent who is the residential parent and legal custodian, guardian, legal custodian, or other person having responsibility for the care of the minor;

(b) A minor who is missing and about whom there is reason to believe the minor could be the victim of a violation of section 2905.01, 2905.02, 2905.03, or 2919.23 of the Revised Code or of a violation of section 2905.04 of the Revised Code as it existed prior to the effective date of this amendment.

(B) When a law enforcement agency in this state that has jurisdiction in the matter is informed that a minor is or may be a missing child and that the person providing the information wishes to file a missing child report, the law enforcement agency shall take that report. Upon taking the report, the law enforcement agency shall take prompt action upon it, including, but not limited to, concerted efforts to locate the missing child. No law enforcement agency in this state shall have a rule or policy that prohibits or discourages the filing of or the taking of action upon a missing child report, within a specified period following the discovery or formulation of a belief that a minor is or could be a missing child.

(C) If a missing child report is made to a law enforcement agency in this state that has jurisdiction in the matter, the law enforcement agency shall gather readily available information about the missing child and integrate it into the national crime information center computer within twelve hours following the making of the report. The law enforcement agency shall make reasonable efforts to acquire additional information about the missing child following the transmittal of the initially available information, and promptly integrate any additional information acquired into such computer systems.

Whenever a law enforcement agency integrates information about a missing child into the national crime information center computer, the law enforcement agency promptly shall notify the missing child's parents, parent who is the residential parent and legal custodian, guardian, or legal custodian, or any other person responsible for the care of the missing child, that it has so integrated the information.

The parents, parent who is the residential parent and legal custodian, guardian, legal custodian, or other person responsible for the care of the missing child shall provide available information upon request, and may provide information voluntarily, to the law enforcement agency during the information gathering process. The law enforcement agency also may obtain available information about the missing child from other persons, subject to constitutional and statutory limitations.

(D) Upon the filing of a missing child report, the law enforcement agency involved promptly shall make a reasonable attempt to notify other law enforcement agencies within its county and, if the agency has jurisdiction in a municipal corporation or township that borders another county, to notify the law enforcement agency for the municipal corporation or township in the other county with which it shares the border, that it has taken a missing child report and may be requesting assistance or cooperation in the case, and provide relevant information to the other law enforcement agencies. The agency may notify additional law enforcement agencies, appropriate county PUBLIC children services boards, and appropriate county departments of human services exercising children services functions AGENCIES, about the case, request their assistance or cooperation in the case, and provide them with relevant information.

Upon request from a law enforcement agency, a county PUBLIC children services board or a county department of human services exercising children services functions AGENCY shall grant the law enforcement agency access to all information concerning a missing child that the board or department AGENCY possesses that may be relevant to the law enforcement agency in investigating a missing child report concerning that child. The information obtained by the law enforcement agency shall be used only to further the investigation to locate the missing child.

(E) Upon request, law enforcement agencies in this state shall provide assistance to, and cooperate with, other law enforcement agencies in their investigation of missing child cases.

The information in any missing child report made to a law enforcement agency shall be made available, upon request, to law enforcement personnel of this state, other states, and the federal government when the law enforcement personnel indicate that the request is to aid in identifying or locating a missing child or the possible identification of a deceased minor who, upon discovery, cannot be identified.

(F) When a missing child has not been located within thirty days after the date on which the missing child report pertaining to the child was filed with a law enforcement agency, that law enforcement agency shall request the missing child's parents, parent who is the residential parent and legal custodian, guardian, or legal custodian, or any other person responsible for the care of the missing child, to provide written consent for the law enforcement agency to contact the missing child's dentist and request the missing child's dental records. Upon receipt of such written consent, the dentist shall release a copy of the missing child's dental records to the law enforcement agency and shall provide and encode the records in such form as requested by the law enforcement agency. The law enforcement agency then shall integrate information in the records into the national crime information center computer in order to compare the records to those of unidentified deceased persons. This division does not prevent a law enforcement agency from seeking consent to obtain copies of a missing child's dental records, or prevent a missing child's parents, parent who is the residential parent and legal custodian, guardian, or legal custodian, or any other person responsible for the care of the missing child, from granting consent for the release of copies of the missing child's dental records to a law enforcement agency, at any time.

(G) A missing child's parents, parent who is the residential parent and legal custodian, guardian, or legal custodian, or any other persons responsible for the care of a missing child, immediately shall notify the law enforcement agency with which they filed the missing child report whenever the child has returned to their home or to their care, custody, and control, has been released if the missing child was the victim of an offense listed in division (A)(3)(b) of this section, or otherwise has been located. Upon such notification or upon otherwise learning that a missing child has returned to the home of, or to the care, custody, and control of the missing child's parents, parent who is the residential parent and legal custodian, guardian, legal custodian, or other person responsible for the missing child's care, has been released if THE MISSING CHILD was the victim of an offense listed in division (A)(3)(b) of this section, or otherwise has been located, the law enforcement agency involved promptly shall integrate the fact that the minor no longer is a missing child into the national crime information center computer.

(H) Nothing contained in this section shall be construed to impair the confidentiality of services provided to runaway minors by shelters for runaway minors pursuant to sections 5119.64 to 5119.68 of the Revised Code.

Sec. 2921.13. (A) No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when any of the following applies:

(1) The statement is made in any official proceeding.

(2) The statement is made with purpose to incriminate another.

(3) The statement is made with purpose to mislead a public official in performing the public official's official function.

(4) The statement is made with purpose to secure the payment of unemployment compensation, aid to dependent children OHIO WORKS FIRST, disability assistance, retirement benefits, economic development assistance, as defined in section 9.66 of the Revised Code, or other benefits administered by a governmental agency or paid out of a public treasury.

(5) The statement is made with purpose to secure the issuance by a governmental agency of a license, permit, authorization, certificate, registration, release, or provider agreement.

(6) The statement is sworn or affirmed before a notary public or another person empowered to administer oaths.

(7) The statement is in writing on or in connection with a report or return that is required or authorized by law.

(8) The statement is in writing and is made with purpose to induce another to extend credit to or employ the offender, to confer any degree, diploma, certificate of attainment, award of excellence, or honor on the offender, or to extend to or bestow upon the offender any other valuable benefit or distinction, when the person to whom the statement is directed relies upon it to that person's detriment.

(9) The statement is made with purpose to commit or facilitate the commission of a theft offense.

(10) The statement is knowingly made to a probate court in connection with any action, proceeding, or other matter within its jurisdiction, either orally or in a written document, including, but not limited to, an application, petition, complaint, or other pleading, or an inventory, account, or report.

(11) The statement is made on an account, form, record, stamp, label, or other writing that is required by law.

(12)(19) The statement is made in connection with the purchase of a firearm, as defined in section 2923.11 of the Revised Code, and in conjunction with the furnishing to the seller of the firearm of a fictitious or altered driver's or commercial driver's license or permit, a fictitious or altered identification card, or any other document that contains false information about the purchaser's identity.

(20)(13) The statement is made in a document or instrument of writing that purports to be a judgment, lien, or claim of indebtedness and is filed or recorded with the secretary of state, a county recorder, or the clerk of a court of record.

(B) No person, in connection with the purchase of a firearm, as defined in section 2923.11 of the Revised Code, shall knowingly furnish to the seller of the firearm a fictitious or altered driver's or commercial driver's license or permit, a fictitious or altered identification card, or any other document that contains false information about the purchaser's identity.

(C) It is no defense to a charge under division (A)(4) of this section that the oath or affirmation was administered or taken in an irregular manner.

(D) If contradictory statements relating to the same fact are made by the offender within the period of the statute of limitations for falsification, it is not necessary for the prosecution to prove which statement was false but only that one or the other was false.

(E)(1) Whoever violates division (A)(1), (2), (3), (4), (5), (6), (7), (8), (10), or (11), or (20)(13) of this section is guilty of falsification, a misdemeanor of the first degree.

(2) Whoever violates division (A)(9) of this section is guilty of falsification in a theft offense. Except as otherwise provided in this division, falsification in a theft offense is a misdemeanor of the first degree. If the value of the property or services stolen is five hundred dollars or more and is less than five thousand dollars, falsification in a theft offense is a felony of the fifth degree. If the value of the property or services stolen is five thousand dollars or more and is less than one hundred thousand dollars, falsification in a theft offense is a felony of the fourth degree. If the value of the property or services stolen is one hundred thousand dollars or more, falsification in a theft offense is a felony of the third degree.

(3)(4) Whoever violates division (A)(12)(19) or (B) of this section is guilty of falsification to purchase a firearm, a felony of the fifth degree.

(F) A person who violates this section is liable in a civil action to any person harmed by the violation for injury, death, or loss to person or property incurred as a result of the commission of the offense and for reasonable attorney's fees, court costs, and other expenses incurred as a result of prosecuting the civil action commenced under this division. A civil action under this division is not the exclusive remedy of a person who incurs injury, death, or loss to person or property as a result of a violation of this section.

Sec. 2951.02. (A)(1) In determining whether to suspend a sentence of imprisonment imposed upon an offender for a misdemeanor and place the offender on probation or whether to otherwise suspend a sentence of imprisonment imposed upon an offender for a misdemeanor pursuant to division (A) of section 2929.51 of the Revised Code, the court shall consider the risk that the offender will commit another offense and the need for protecting the public from the risk, the nature and circumstances of the offense, and the history, character, and condition of the offender.

(2) An offender who has been convicted of or pleaded guilty to a misdemeanor shall not be placed on probation and shall not otherwise have the sentence of imprisonment imposed upon the offender suspended pursuant to division (A) of section 2929.51 of the Revised Code if any of the following applies:

(a) The offender is a repeat or dangerous offender, as defined in section 2935.36 of the Revised Code.

(b) The misdemeanor offense involved was not a violation of section 2923.12 of the Revised Code and was committed while the offender was armed with a firearm or dangerous ordnance, as defined in section 2923.11 of the Revised Code.

(c) Under division (C) of section 2903.07 of the Revised Code, the offender is not eligible for probation.

(B) The following do not control the court's discretion but the court shall consider them in favor of placing an offender who has been convicted of or pleaded guilty to a misdemeanor on probation or in favor of otherwise suspending the offender's sentence of imprisonment pursuant to division (A) of section 2929.51 of the Revised Code:

(1) The offense neither caused nor threatened serious harm to persons or property, or the offender did not contemplate that it would do so.

(2) The offense was the result of circumstances unlikely to recur.

(3) The victim of the offense induced or facilitated it.

(4) There are substantial grounds tending to excuse or justify the offense, though failing to establish a defense.

(5) The offender acted under strong provocation.

(6) The offender has no history of prior delinquency or criminal activity, or has led a law-abiding life for a substantial period before commission of the present offense.

(7) The offender is likely to respond affirmatively to probationary or other court-imposed treatment.

(8) The character and attitudes of the offender indicate that the offender is unlikely to commit another offense.

(9) The offender has made or will make restitution or reparation to the victim of the offender's offense for the injury, damage, or loss sustained.

(10) Imprisonment of the offender will entail undue hardship to the offender or the offender's dependents.

(C)(1)(a) When an offender who has been convicted of or pleaded guilty to a misdemeanor is placed on probation or the sentence of that type of offender otherwise is suspended pursuant to division (A) of section 2929.51 of the Revised Code, the probation or other suspension shall be at least on condition that, during the period of probation or other suspension, the offender shall abide by the law, including, but not limited to, complying with the provisions of Chapter 2923. of the Revised Code relating to the possession, sale, furnishing, transfer, disposition, purchase, acquisition, carrying, conveying, or use of, or other conduct involving, a firearm or dangerous ordnance, as defined in section 2923.11 of the Revised Code, and shall not leave the state without the permission of the court or the offender's probation officer. In the interests of doing justice, rehabilitating the offender, and ensuring the offender's good behavior, the court may impose additional requirements on the offender, including, but not limited to, requiring the offender to make restitution pursuant to section 2929.21 of the Revised Code for all or part of the property damage that is caused by the offender's offense and for all or part of the value of the property that is the subject of any theft offense, as defined in division (K) of section 2913.01 of the Revised Code, that the offender committed. Compliance with the additional requirements also shall be a condition of the offender's probation or other suspension.

(b) When an offender who has been convicted of or pleaded guilty to a felony is sentenced to a nonresidential sanction pursuant to section 2929.17 of the Revised Code, the court shall impose as a condition of the sanction that, during the period of the nonresidential sanction, the offender shall abide by the law, including, but not limited to, complying with the provisions of Chapter 2923. of the Revised Code identified in division (C)(1)(a) of this section.

(2) During the period of a misdemeanor offender's probation or other suspension or during the period of a felon's nonresidential sanction, authorized probation officers who are engaged within the scope of their supervisory duties or responsibilities may search, with or without a warrant, the person of the offender, the place of residence of the offender, and a motor vehicle, another item of tangible or intangible personal property, or other real property in which the offender has a right, title, or interest or for which the offender has the express or implied permission of a person with a right, title, or interest to use, occupy, or possess if the probation officers have reasonable grounds to believe that the offender is not abiding by the law or otherwise is not complying with the conditions of the offender's probation or other suspension or the conditions of the offender's nonresidential sanction. If a felon who is sentenced to a nonresidential sanction is under the general control and supervision of the adult parole authority, as described in division (A)(2)(a) of section 2929.15 of the Revised Code, adult parole authority field officers with supervisory responsibilities over the felon shall have the same search authority relative to the felon during the period of the sanction as is described under this division for probation officers. The court that places the offender on probation or suspends the misdemeanor offender's sentence of imprisonment pursuant to division (D)(2) or (4) of section 2929.51 of the Revised Code or that sentences the felon to a nonresidential sanction pursuant to section 2929.17 of the Revised Code shall provide the offender with a written notice that informs the offender that authorized probation officers or adult parole authority field officers with supervisory responsibilities over the offender who are engaged within the scope of their supervisory duties or responsibilities may conduct those types of searches during the period of probation or other suspension or during the period of the nonresidential sanction if they have reasonable grounds to believe that the offender is not abiding by the law or otherwise is not complying with the conditions of the offender's probation or other suspension or the conditions of the offender's nonresidential sanction.

(D) The following do not control the court's discretion but the court shall consider them against placing an offender who has been convicted of or pleaded guilty to a misdemeanor on probation and against otherwise suspending the offender's sentence of imprisonment pursuant to division (A) of section 2929.51 of the Revised Code:

(1) The offender recently violated the conditions of pardon, post-release control pursuant to section 2967.28 of the Revised Code, or a probation or suspension pursuant to division (A) of section 2929.51 of the Revised Code, previously granted the offender.

(2) There is a substantial risk that, while at liberty during the period of probation or other suspension, the offender will commit another offense.

(3) The offender is in need of correctional or rehabilitative treatment that can be provided best by the offender's commitment to a locally governed and operated residential facility.

(4) Regardless of whether the offender knew the age of the victim, the victim of the offense was sixty-five years of age or older or permanently and totally disabled at the time of the commission of the offense.

(E) The criteria listed in divisions (B) and (D) of this section shall not be construed to limit the matters that may be considered in determining whether to suspend sentence of imprisonment and place an offender who has been convicted of or pleaded guilty to a misdemeanor on probation or whether to otherwise suspend the offender's sentence of imprisonment pursuant to division (A) of section 2929.51 of the Revised Code.

(F)(1) When an offender is convicted of or pleads guilty to a misdemeanor, the court may require the offender, as a condition of probation or as a condition of otherwise suspending the offender's sentence pursuant to division (A) of section 2929.51 of the Revised Code, in addition to the conditions of probation or other suspension imposed pursuant to division (C) of this section, to perform supervised community service work under the authority of health districts, park districts, counties, municipal corporations, townships, other political subdivisions of the state, or agencies of the state or any of its political subdivisions, or under the authority of charitable organizations that render services to the community or its citizens, in accordance with this division. Supervised community service work shall not be required as a condition of probation or other suspension under this division unless the offender agrees to perform the work offered as a condition of probation or other suspension by the court. The court may require an offender who agrees to perform the work to pay to it a reasonable fee to cover the costs of the offender's participation in the work, including, but not limited to, the costs of procuring a policy or policies of liability insurance to cover the period during which the offender will perform the work.

A court may permit any offender convicted of a misdemeanor to satisfy the payment of a fine imposed for the offense by performing supervised community service work as described in this division if the offender requests an opportunity to satisfy the payment by this means and if the court determines the offender is financially unable to pay the fine.

The supervised community service work that may be imposed under this division shall be subject to the following limitations:

(a) The court shall fix the period of the work and, if necessary, shall distribute it over weekends or over other appropriate times that will allow the offender to continue at the offender's occupation or to care for the offender's family. The period of the work as fixed by the court shall not exceed an aggregate of two hundred hours.

(b) An agency, political subdivision, or charitable organization must agree to accept the offender for the work before the court requires the offender to perform the work for the entity. A court shall not require an offender to perform supervised community service work for an agency, political subdivision, or charitable organization at a location that is an unreasonable distance from the offender's residence or domicile, unless the offender is provided with transportation to the location where the work is to be performed.

(c) A court may enter into an agreement with a county department of human services for the management, placement, and supervision of offenders eligible for community service work in department of human services programs established pursuant to WORK ACTIVITIES AND ALTERNATIVE WORK ACTIVITIES UNDER sections 5101.80 5107.40 to 5101.94 or section 5101.21 or 5107.30 5107.68 of the Revised Code. If a court and a county department of human services have entered into an agreement of that nature, the clerk of that court is authorized to pay directly to the department of human services all or a portion of the fees collected by the court pursuant to this division in accordance with the terms of its agreement.

(d) Community service work that a court requires under this division shall be supervised by an official of the agency, political subdivision, or charitable organization for which the work is performed or by a person designated by the agency, political subdivision, or charitable organization. The official or designated person shall be qualified for the supervision by education, training, or experience, and periodically shall report, in writing, to the court and to the offender's probation officer concerning the conduct of the offender in performing the work.

(2) When an offender is convicted of a felony, the court may impose pursuant to sections 2929.15 and 2929.17 of the Revised Code a sanction that requires the offender to perform supervised community service work in accordance with this division and under the authority of any agency, political subdivision, or charitable organization as described in division (F)(1) of this section. The court may require an offender who is ordered to perform the work to pay to it a reasonable fee to cover the costs of the offender's participation in the work, including, but not limited to, the costs of procuring a policy or policies of liability insurance to cover the period during which the offender will perform the work.

A court may permit an offender convicted of a felony to satisfy the payment of a fine imposed for the offense pursuant to section 2929.18 of the Revised Code by performing supervised community service work as described in this division if the court determines that the offender is financially unable to pay the fine.

The supervised community service work that may be imposed under this division shall be subject to the limitations specified in divisions (F)(1)(a) to (d) of this section, except that the court is not required to obtain the agreement of the offender to impose supervised community work as a sanction. Additionally, the total of any period of supervised community service work imposed on an offender under this division plus the period of all other sanctions imposed pursuant to sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised Code shall not exceed five years.

(G)(1) When an offender is convicted of a violation of section 4511.19 of the Revised Code, a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine or of a misdemeanor violation of section 2903.07 of the Revised Code or an equivalent violation of a municipal ordinance that is substantially similar to section 2903.07 of the Revised Code and that provides for that type of finding by a jury or judge in a case in which the jury or judge found that the offender was under the influence of alcohol at the time of the commission of the offense, the court may require, as a condition of probation in addition to the required conditions of probation and the discretionary conditions of probation that may be imposed pursuant to division (C) of this section, any suspension or revocation of a driver's or commercial driver's license or permit or nonresident operating privilege, and all other penalties provided by law or by ordinance, that the offender operate only a motor vehicle equipped with an ignition interlock device that is certified pursuant to section 4511.83 of the Revised Code.

(2) When a court requires an offender, as a condition of probation pursuant to division (G)(1) of this section, to operate only a motor vehicle equipped with an ignition interlock device that is certified pursuant to section 4511.83 of the Revised Code, the offender immediately shall surrender the offender's driver's or commercial driver's license or permit to the court. Upon the receipt of the offender's license or permit, the court shall issue an order authorizing the offender to operate a motor vehicle equipped with a certified ignition interlock device, deliver the offender's license or permit to the bureau of motor vehicles, and include in the abstract of the case forwarded to the bureau pursuant to section 4507.021 of the Revised Code the conditions of probation imposed pursuant to division (G)(1) of this section. The court shall give the offender a copy of its order, and that copy shall be used by the offender in lieu of a driver's or commercial driver's license or permit until the bureau issues a restricted license to the offender.

(3) Upon receipt of an offender's driver's or commercial driver's license or permit pursuant to division (G)(2) of this section, the bureau of motor vehicles shall issue a restricted license to the offender. The restricted license shall be identical to the surrendered license, except that it shall have printed on its face a statement that the offender is prohibited from operating a motor vehicle that is not equipped with an ignition interlock device that is certified pursuant to section 4511.83 of the Revised Code. The bureau shall deliver the offender's surrendered license or permit to the court upon receipt of a court order requiring it to do so, or reissue the offender's license or permit under section 4507.54 of the Revised Code if the registrar destroyed the offender's license or permit under that section. The offender shall surrender the restricted license to the court upon receipt of the offender's surrendered license or permit.

(4) If an offender violates a requirement of the court imposed under division (G)(1) of this section, the offender's driver's or commercial driver's license or permit or nonresident operating privilege may be suspended as provided in section 4507.16 of the Revised Code.

(5) As used in this division, "ignition interlock device" has the same meaning as in section 4511.83 of the Revised Code.

Sec. 3101.01. Male persons of the age of eighteen years, and female persons of the age of sixteen years, not nearer of kin than second cousins, and not having a husband or wife living, may be joined in marriage. A minor must first obtain the consent of his THE MINOR'S parents, surviving parent, parent who is designated the residential parent and legal custodian of the child by a court of competent jurisdiction, the guardian of his person GUARDIAN, or any one of the following who has been awarded permanent custody of him THE MINOR by a court exercising juvenile jurisdiction:

(A) An adult person;

(B) The department of human services or any child welfare organization certified by such department;

(C) A county department of human services or a county PUBLIC children services board AGENCY.

A minor shall not be required to obtain the consent of a parent who resides in a foreign country, has neglected or abandoned such minor for a period of one year or longer immediately preceding his THE application for a marriage license, has been adjudged incompetent, is an inmate of a state mental or correctional institution, has been permanently deprived of his parental rights and responsibilities for the care of the child and the right to have the child live with him THE PARENT and to be the legal custodian of the child by a court exercising juvenile jurisdiction, or has been deprived of his parental rights and responsibilities for the care of the child and the right to have the child live with him THE PARENT and to be the legal custodian of the child by the appointment of a guardian of the person of the minor by the probate court or by any other court of competent jurisdiction.

Sec. 3107.01. As used in sections 3107.01 to 3107.19 of the Revised Code:

(A) "Agency" means any public or private organization certified, licensed, or otherwise specially empowered by law or rule to place minors for adoption.

(B) "Attorney" means a person who has been admitted to the bar by order of the Ohio supreme court.

(C) "Child" means a son or daughter, whether by birth or by adoption.

(D) "Court" means the probate courts of this state, and when the context requires, means the court of any other state empowered to grant petitions for adoption.

(E) "Identifying information" means any of the following with regard to a person: first name, last name, maiden name, alias, social security number, address, telephone number, place of employment, number used to identify the person for the purpose of the statewide education management information system established pursuant to section 3301.0714 of the Revised Code, and any other number federal or state law requires or permits to be used to identify the person.

(F) "Minor" means a person under the age of eighteen years.

(G) "Private child placing agency," "private noncustodial agency," and "public children services agency" have the same meanings as in section 2151.011 of the Revised Code.

(H) "Putative father" means a man, including one under age eighteen, who may be a child's father and to whom all of the following apply:

(1) He is not married to the child's mother at the time of the child's conception or birth;

(2) He has not adopted the child;

(3) He has not been determined, prior to the date a petition to adopt the child is filed, to have a parent and child relationship with the child by a court proceeding pursuant to sections 3111.01 to 3111.19 of the Revised Code, a court proceeding in another state, an administrative agency proceeding pursuant to sections 3111.20 to 3111.29 of the Revised Code, or an administrative agency proceeding in another state;

(4) He has not acknowledged paternity of the child pursuant to section 2105.18 of the Revised Code.

Sec. 3109.051. (A) If a divorce, dissolution, legal separation, or annulment proceeding involves a child and if the court has not issued a shared parenting decree, the court shall consider any mediation report filed pursuant to section 3109.052 of the Revised Code and, in accordance with division (C) of this section, shall make a just and reasonable order or decree permitting each parent who is not the residential parent to visit the child at the time and under the conditions that the court directs, unless the court determines that it would not be in the best interest of the child to permit that parent to visit the child and includes in the journal its findings of fact and conclusions of law. Whenever possible, the order or decree permitting the visitation shall ensure the opportunity for both parents to have frequent and continuing contact with the child, unless frequent and continuing contact by either parent with the child would not be in the best interest of the child. The court shall include in its final decree a specific schedule of visitation for that parent. Except as provided in division (E)(6) of section 3113.31 of the Revised Code, if the court, pursuant to this section, grants any person companionship or visitation rights with respect to any child, it shall not require the public children services agency to provide supervision of or other services related to that person's exercise of companionship or visitation rights with respect to the child. This section does not limit the power of a juvenile court pursuant to Chapter 2151. of the Revised Code to issue orders with respect to children who are alleged to be abused, neglected, or dependent children or to make dispositions of children who are adjudicated abused, neglected, or dependent children or of a common pleas court to issue orders pursuant to section 3113.31 of the Revised Code.

(B)(1) In a divorce, dissolution of marriage, legal separation, annulment, or child support proceeding that involves a child, the court may grant reasonable companionship or visitation rights to any grandparent, any person related to the child by consanguinity or affinity, or any other person other than a parent, if all of the following apply:

(a) The grandparent, relative, or other person files a motion with the court seeking companionship or visitation rights.

(b) The court determines that the grandparent, relative, or other person has an interest in the welfare of the child.

(c) The court determines that the granting of the companionship or visitation rights is in the best interest of the child.

(2) A motion may be filed under division (B)(1) of this section during the pendency of the divorce, dissolution of marriage, legal separation, annulment, or child support proceeding or, if a motion was not filed at that time or was filed at that time and the circumstances in the case have changed, at any time after a decree or final order is issued in the case.

(C) When determining whether to grant companionship or visitation rights to a parent, grandparent, relative, or other person pursuant to this section or section 3109.11 or 3109.12 of the Revised Code, when establishing a specific visitation schedule, and when determining other visitation matters under this section or section 3109.11 or 3109.12 of the Revised Code, the court shall consider any mediation report that is filed pursuant to section 3109.052 of the Revised Code and shall consider all other relevant factors, including, but not limited to, all of the factors listed in division (D) of this section. In considering the factors listed in division (D) of this section for purposes of determining whether to grant visitation rights, establishing a specific visitation schedule, determining other visitation matters under this section or under section 3109.11 or 3109.12 of the Revised Code, and resolving any issues related to the making of any determination with respect to visitation rights or the establishment of any specific visitation schedule, the court, in its discretion, may interview in chambers any or all involved children regarding their wishes and concerns. If the court interviews any child concerning the child's wishes and concerns regarding those visitation matters, the interview shall be conducted in chambers, and no person other than the child, the child's attorney, the judge, any necessary court personnel, and, in the judge's discretion, the attorney of each parent shall be permitted to be present in the chambers during the interview. No person shall obtain or attempt to obtain from a child a written or recorded statement or affidavit setting forth the wishes and concerns of the child regarding those visitation matters. A court, in considering the factors listed in division (D) of this section for purposes of determining whether to grant any visitation rights, establishing a visitation schedule, determining other visitation matters under this section or under section 3109.11 or 3109.12 of the Revised Code, or resolving any issues related to the making of any determination with respect to visitation rights or the establishment of any specific visitation schedule, shall not accept or consider a written or recorded statement or affidavit that purports to set forth the child's wishes or concerns regarding those visitation matters.

(D) In determining whether to grant companionship or visitation rights to a parent, grandparent, relative, or other person pursuant to this section or section 3109.11 or 3109.12 of the Revised Code, in establishing a specific visitation schedule, and in determining other visitation matters under this section or section 3109.11 or 3109.12 of the Revised Code, the court shall consider all of the following factors:

(1) The prior interaction and interrelationships of the child with the child's parents, siblings, and other persons related by consanguinity or affinity, and with the person who requested companionship or visitation if that person is not a parent, sibling, or relative of the child;

(2) The geographical location of the residence of each parent and the distance between those residences, and if the person who requested companionship or visitation is not a parent, the geographical location of that person's residence and the distance between that person's residence and the child's residence;

(3) The child's and parents' available time, including, but not limited to, each parent's employment schedule, the child's school schedule, and the child's and the parents' holiday and vacation schedule;

(4) The age of the child;

(5) The child's adjustment to home, school, and community;

(6) If the court has interviewed the child in chambers, pursuant to division (C) of this section, regarding the wishes and concerns of the child as to visitation by the parent who is not the residential parent or companionship or visitation by the grandparent, relative, or other person who requested the companionship or visitation, as to a specific visitation schedule, or as to other visitation matters, the wishes and concerns of the child, as expressed to the court;

(7) The health and safety of the child;

(8) The amount of time that will be available for the child to spend with siblings;

(9) The mental and physical health of all parties;

(10) Each parent's willingness to reschedule missed visitation and to facilitate the other parent's visitation rights, and if the person who requested companionship or visitation is not a parent, the willingness of that person to reschedule missed visitation;

(11) In relation to visitation by a parent, whether either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child; whether either parent, in a case in which a child has been adjudicated an abused child or a neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of the adjudication; and whether there is reason to believe that either parent has acted in a manner resulting in a child being an abused child or a neglected child;

(12) In relation to requested companionship or visitation by a person other than a parent, whether the person previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child; whether the person, in a case in which a child has been adjudicated an abused child or a neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of the adjudication; whether either parent previously has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding; whether either parent previously has been convicted of an offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding and caused physical harm to the victim in the commission of the offense; and whether there is reason to believe that the person has acted in a manner resulting in a child being an abused child or a neglected child;

(13) Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent his or her PARENT'S right to visitation in accordance with an order of the court;

(14) Whether either parent has established a residence or is planning to establish a residence outside this state;

(15) Any other factor in the best interest of the child.

(E) The remarriage of a residential parent of a child does not affect the authority of a court under this section to grant visitation rights with respect to the child to the parent who is not the residential parent or to grant reasonable companionship or visitation rights with respect to the child to any grandparent, any person related by consanguinity or affinity, or any other person.

(F)(1) If the court, pursuant to division (A) of this section, denies visitation to a parent who is not the residential parent or denies a motion for reasonable companionship or visitation rights filed under division (B) of this section and the parent or movant files a written request for findings of fact and conclusions of law, the court shall state in writing its findings of fact and conclusions of law in accordance with Civil Rule 52.

(2) On or before July 1, 1991, each court of common pleas, by rule, shall adopt standard visitation guidelines. A court shall have discretion to deviate from its standard visitation guidelines based upon factors set forth in division (D) of this section.

(G)(1) If the residential parent intends to move to a residence other than the residence specified in the visitation order or decree of the court, the parent shall file a notice of intent to relocate with the court that issued the order or decree. Except as provided in divisions (G)(2), (3), and (4) of this section, the court shall send a copy of the notice to the parent who is not the residential parent. Upon receipt of the notice, the court, on its own motion or the motion of the parent who is not the residential parent, may schedule a hearing with notice to both parents to determine whether it is in the best interest of the child to revise the visitation schedule for the child.

(2) When a court grants visitation or companionship rights to a parent who is not the residential parent, the court shall determine whether that parent has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding, has been convicted of or pleaded guilty to any other offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding and caused physical harm to the victim in the commission of the offense, or has been determined to be the perpetrator of the abusive act that is the basis of an adjudication that a child is an abused child. If the court determines that that parent has not been so convicted and has not been determined to be the perpetrator of an abusive act that is the basis of a child abuse adjudication, the court shall issue an order stating that a copy of any notice of relocation that is filed with the court pursuant to division (G)(1) of this section will be sent to the parent who is given the visitation or companionship rights in accordance with division (G)(1) of this section.

If the court determines that the parent who is granted the visitation or companionship rights has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding, has been convicted of or pleaded guilty to any other offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding and caused physical harm to the victim in the commission of the offense, or has been determined to be the perpetrator of the abusive act that is the basis of an adjudication that a child is an abused child, it shall issue an order stating that that parent will not be given a copy of any notice of relocation that is filed with the court pursuant to division (G)(1) of this section unless the court determines that it is in the best interest of the children to give that parent a copy of the notice of relocation, issues an order stating that that parent will be given a copy of any notice of relocation filed pursuant to division (G)(1) of this section, and issues specific written findings of fact in support of its determination.

(3) If a court, prior to April 11, 1991, issued an order granting visitation or companionship rights to a parent who is not the residential parent and did not require the residential parent in that order to give the parent who is granted the visitation or companionship rights notice of any change of address and if the residential parent files a notice of relocation pursuant to division (G)(1) of this section, the court shall determine if the parent who is granted the visitation or companionship rights has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding, has been convicted of or pleaded guilty to any other offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding and caused physical harm to the victim in the commission of the offense, or has been determined to be the perpetrator of the abusive act that is the basis of an adjudication that a child is an abused child. If the court determines that the parent who is granted the visitation or companionship rights has not been so convicted and has not been determined to be the perpetrator of an abusive act that is the basis of a child abuse adjudication, the court shall issue an order stating that a copy of any notice of relocation that is filed with the court pursuant to division (G)(1) of this section will be sent to the parent who is granted visitation or companionship rights in accordance with division (G)(1) of this section.

If the court determines that the parent who is granted the visitation or companionship rights has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding, has been convicted of or pleaded guilty to any other offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding and caused physical harm to the victim in the commission of the offense, or has been determined to be the perpetrator of the abusive act that is the basis of an adjudication that a child is an abused child, it shall issue an order stating that that parent will not be given a copy of any notice of relocation that is filed with the court pursuant to division (G)(1) of this section unless the court determines that it is in the best interest of the children to give that parent a copy of the notice of relocation, issues an order stating that that parent will be given a copy of any notice of relocation filed pursuant to division (G)(1) of this section, and issues specific written findings of fact in support of its determination.

(4) If a parent who is granted visitation or companionship rights pursuant to this section or any other section of the Revised Code is authorized by an order issued pursuant to this section or any other court order to receive a copy of any notice of relocation that is filed pursuant to division (G)(1) of this section or pursuant to court order, if the residential parent intends to move to a residence other than the residence address specified in the visitation or companionship order, and if the residential parent does not want the parent who is granted the visitation or companionship rights to receive a copy of the relocation notice because he THE PARENT WITH VISITATION OR COMPANIONSHIP RIGHTS has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding, has been convicted of or pleaded guilty to any other offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding and caused physical harm to the victim in the commission of the offense, or has been determined to be the perpetrator of the abusive act that is the basis of an adjudication that a child is an abused child, the residential parent may file a motion with the court requesting that the parent who is granted the visitation or companionship rights not receive a copy of any notice of relocation. Upon the filing of the motion, the court shall schedule a hearing on the motion and give both parents notice of the date, time, and location of the hearing. If the court determines that the parent who is granted the visitation or companionship rights has been so convicted or has been determined to be the perpetrator of an abusive act that is the basis of a child abuse adjudication, the court shall issue an order stating that the parent who is granted the visitation or companionship rights will not be given a copy of any notice of relocation that is filed with the court pursuant to division (G)(1) of this section or that the residential parent is no longer required to give that parent a copy of any notice of relocation unless the court determines that it is in the best interest of the children to give that parent a copy of the notice of relocation, issues an order stating that that parent will be given a copy of any notice of relocation filed pursuant to division (G)(1) of this section, and issues specific written findings of fact in support of its determination. If it does not so find, it shall dismiss the motion.

(H)(1) Subject to division (G)(F)(2) of section 2301.35 and division (F) of section 3319.321 of the Revised Code, a parent of a child who is not the residential parent of the child is entitled to access, under the same terms and conditions under which access is provided to the residential parent, to any record that is related to the child and to which the residential parent of the child legally is provided access, unless the court determines that it would not be in the best interest of the child for the parent who is not the residential parent to have access to the records under those same terms and conditions. If the court determines that the parent of a child who is not the residential parent should not have access to records related to the child under the same terms and conditions as provided for the residential parent, the court shall specify the terms and conditions under which the parent who is not the residential parent is to have access to those records, shall enter its written findings of facts and opinion in the journal, and shall issue an order containing the terms and conditions to both the residential parent and the parent of the child who is not the residential parent. The court shall include in every order issued pursuant to this division notice that any keeper of a record who knowingly fails to comply with the order or division (H) of this section is in contempt of court.

(2) Subject to division (G)(F)(2) of section 2301.35 and division (F) of section 3319.321 of the Revised Code, subsequent to the issuance of an order under division (H)(1) of this section, the keeper of any record that is related to a particular child and to which the residential parent legally is provided access shall permit the parent of the child who is not the residential parent to have access to the record under the same terms and conditions under which access is provided to the residential parent, unless the residential parent has presented the keeper of the record with a copy of an order issued under division (H)(1) of this section that limits the terms and conditions under which the parent who is not the residential parent is to have access to records pertaining to the child and the order pertains to the record in question. If the residential parent presents the keeper of the record with a copy of that type of order, the keeper of the record shall permit the parent who is not the residential parent to have access to the record only in accordance with the most recent order that has been issued pursuant to division (H)(1) of this section and presented to the keeper by the residential parent or the parent who is not the residential parent. Any keeper of any record who knowingly fails to comply with division (H) of this section or with any order issued pursuant to division (H)(1) of this section is in contempt of court.

(3) The prosecuting attorney of any county may file a complaint with the court of common pleas of that county requesting the court to issue a protective order preventing the disclosure pursuant to division (H)(1) or (2) of this section of any confidential law enforcement investigatory record. The court shall schedule a hearing on the motion and give notice of the date, time, and location of the hearing to all parties.

(I) A court that issues a visitation order or decree pursuant to this section, section 3109.11 or 3109.12 of the Revised Code, or any other provision of the Revised Code shall determine whether the parent granted the right of visitation is to be permitted access, in accordance with section 5104.011 of the Revised Code, to any child day-care center that is, or that in the future may be, attended by the children with whom the right of visitation is granted. Unless the court determines that the parent who is not the residential parent should not have access to the center to the same extent that the residential parent is granted access to the center, the parent who is not the residential parent and who is granted visitation or companionship rights is entitled to access to the center to the same extent that the residential parent is granted access to the center. If the court determines that the parent who is not the residential parent should not have access to the center to the same extent that the residential parent is granted such access under division (C) of section 5104.011 of the Revised Code, the court shall specify the terms and conditions under which the parent who is not the residential parent is to have access to the center, provided that the access shall not be greater than the access that is provided to the residential parent under division (C) of section 5104.011 of the Revised Code, the court shall enter its written findings of fact and opinions in the journal, and the court shall include the terms and conditions of access in the visitation order or decree.

(J)(1) Subject to division (F) of section 3319.321 of the Revised Code, when a court issues an order or decree allocating parental rights and responsibilities for the care of a child, the parent of the child who is not the residential parent of the child is entitled to access, under the same terms and conditions under which access is provided to the residential parent, to any student activity that is related to the child and to which the residential parent of the child legally is provided access, unless the court determines that it would not be in the best interest of the child to grant the parent who is not the residential parent access to the student activities under those same terms and conditions. If the court determines that the parent of the child who is not the residential parent should not have access to any student activity that is related to the child under the same terms and conditions as provided for the residential parent, the court shall specify the terms and conditions under which the parent who is not the residential parent is to have access to those student activities, shall enter its written findings of facts and opinion in the journal, and shall issue an order containing the terms and conditions to both the residential parent and the parent of the child who is not the residential parent. The court shall include in every order issued pursuant to this division notice that any school official or employee who knowingly fails to comply with the order or division (J) of this section is in contempt of court.

(2) Subject to division (F) of section 3319.321 of the Revised Code, subsequent to the issuance of an order under division (J)(1) of this section, all school officials and employees shall permit the parent of the child who is not the residential parent to have access to any student activity under the same terms and conditions under which access is provided to the residential parent of the child, unless the residential parent has presented the school official or employee, the board of education of the school, or the governing body of the chartered nonpublic school with a copy of an order issued under division (J)(1) of this section that limits the terms and conditions under which the parent who is not the residential parent is to have access to student activities related to the child and the order pertains to the student activity in question. If the residential parent presents the school official or employee, the board of education of the school, or the governing body of the chartered nonpublic school with a copy of that type of order, the school official or employee shall permit the parent who is not the residential parent to have access to the student activity only in accordance with the most recent order that has been issued pursuant to division (J)(1) of this section and presented to the school official or employee, the board of education of the school, or the governing body of the chartered nonpublic school by the residential parent or the parent who is not the residential parent. Any school official or employee who knowingly fails to comply with division (J) of this section or with any order issued pursuant to division (J)(1) of this section is in contempt of court.

(K) If any person is found in contempt of court for failing to comply with or interfering with any order or decree granting companionship or visitation rights that is issued pursuant to this section, section 3109.11 or 3109.12 of the Revised Code, or any other provision of the Revised Code, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt, and may award reasonable compensatory visitation to the person whose right of visitation was affected by the failure or interference if such compensatory visitation is in the best interest of the child. Any compensatory visitation awarded under this division shall be included in an order issued by the court and, to the extent possible, shall be governed by the same terms and conditions as was the visitation that was affected by the failure or interference.

(L) Any person who requests reasonable companionship or visitation rights with respect to a child under this section, section 3109.11 or 3109.12 of the Revised Code, or any other provision of the Revised Code may file a motion with the court requesting that it waive all or any part of the costs that may accrue in the proceedings under this section, section 3109.11, or section 3109.12 of the Revised Code. If the court determines that the movant is indigent and that the waiver is in the best interest of the child, the court, in its discretion, may waive payment of all or any part of the costs of those proceedings.

(M) The juvenile court has exclusive jurisdiction to enter the orders in any case certified to it from another court.

(N) As used in this section:

(1) "Abused child" has the same meaning as in section 2151.031 of the Revised Code, and "neglected child" has the same meaning as in section 2151.03 of the Revised Code.

(2) "Record" means any record, document, file, or other material that contains information directly related to a child, including, but not limited to, any of the following:

(a) Records maintained by public and nonpublic schools;

(b) Records maintained by facilities that provide child day-care, as defined in section 5104.01 of the Revised Code, publicly funded child day-care, as defined in section 5104.01 of the Revised Code, or pre-school services operated by or under the supervision of a school district board of education or a nonpublic school;

(c) Records maintained by hospitals, other facilities, or persons providing medical or surgical care or treatment for the child;

(d) Records maintained by agencies, departments, instrumentalities, or other entities of the state or any political subdivision of the state, other than a child support enforcement agency. Access to records maintained by a child support enforcement agency is governed by division (G)(F)(2) of section 2301.35 of the Revised Code.

(3) "Confidential law enforcement investigatory record" has the same meaning as in section 149.43 of the Revised Code.

Sec. 3111.09. (A) In any action instituted under sections 3111.01 to 3111.19 of the Revised Code, the court, upon its own motion, may order and, upon the motion of any party to the action, shall order the child's mother, the child, the alleged father, and any other person who is a defendant in the action to submit to genetic tests. If genetic tests are ordered upon the motion of a party or the court, the court shall order that the child's mother, the child, the alleged father, and any other defendant submit to genetic testing. Instead of or in addition to genetic testing ordered pursuant to this section, the court may order the superintendent of the bureau of criminal identification and investigation to disclose information regarding a DNA record of the child's mother, the child, the alleged father, or any other defendant that is stored in the DNA database pursuant to section 109.573 of the Revised Code and may use that information to determine the existence of a parent and child relationship between the child and the child's mother, the alleged father, or another defendant. If the child support enforcement agency is not made a party to the action, the clerk of the court shall schedule the genetic testing no later than thirty days after the court issues its order. If the agency is made a party to the action, the agency shall schedule the genetic testing in accordance with the rules adopted by the department of human services pursuant to section 2301.35 of the Revised Code. If the alleged father of a child brings an action under sections 3111.01 to 3111.19 of the Revised Code and if the mother of the child willfully fails to submit to genetic testing or if the mother is the custodian of the child and willfully fails to submit the child to genetic testing, the court shall issue an order determining the existence of a parent and child relationship between the father and the child without genetic testing. If the mother or other guardian or custodian of the child brings an action under sections 3111.01 to 3111.19 of the Revised Code and if the alleged father of the child willfully fails to submit himself to genetic testing or, if the alleged father is the custodian of the child and willfully fails to submit the child to genetic testing, the court shall issue an order determining the existence of a parent and child relationship between the father and the child without genetic testing. If a party shows good cause for failing to submit to genetic testing or for failing to submit the child to genetic testing, the court shall not consider the failure to be willful. Any

ANY fees charged for the tests shall be paid by the party that requests them, unless the custodian of the child is represented by the child support enforcement agency in its role as the agency providing enforcement of child support orders under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, the custodian is a recipient of aid to dependent children OHIO WORKS FIRST under Chapter 5107. of the Revised Code for the benefit of the child, or the defendant in the action is found to be indigent, in which case the child support enforcement agency shall pay the costs of genetic testing. The child support enforcement agency, within guidelines contained in that federal law, shall use funds received pursuant to Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, to pay the fees charged for the tests. If there is a dispute as to who shall pay the fees charged for genetic testing, the child support enforcement agency shall pay the fees, but neither the court nor the agency shall delay genetic testing due to a dispute as to who shall pay the genetic testing fees. The child support enforcement agency or the person who paid the fees charged for the genetic testing may seek reimbursement for the genetic testing fees from the person against whom the court assesses the costs of the action. Any funds used in accordance with this division by the child support enforcement agency shall be in addition to any other funds that the agency is entitled to receive as a result of any contractual provision for specific funding allocations for the agency between the county, the state, and the federal government.

(B)(1) The genetic tests shall be made by qualified examiners who are authorized by the court or the department of human services. An examiner conducting a genetic test, upon the completion of the test, shall send a complete report of the test results to the clerk of the court that ordered the test or, if the agency is a party to the action, to the child support enforcement agency of the county in which the court that ordered the test is located.

(2) If a court orders the superintendent of the bureau of criminal identification and investigation to disclose information regarding a DNA record stored in the DNA database pursuant to section 109.573 of the Revised Code, the superintendent shall send the information to the clerk of the court that issued the order or, if the agency is a party to the action, to the child support enforcement agency of the county in which the court that issued the order is located.

(3) The clerk or agency that receives a report or information pursuant to division (B)(1) of this section shall mail a copy of the report or information to the attorney of record for each party or, if a party is not represented by an attorney, to the party. The clerk or agency that receives a copy of the report or information shall include with the report or information sent to an attorney of record of a party or a party a notice that the party may object to the admission into evidence of the report or information by filing a written objection as described in division (D) of section 3111.12 of the Revised Code with the court that ordered the tests or ordered the disclosure of the information no later than fourteen days after the report or information was mailed to the attorney of record or to the party. The examiners may be called as witnesses to testify as to their findings. Any party may demand that other qualified examiners perform independent genetic tests under order of the court. The number and qualifications of the independent examiners shall be determined by the court.

(C) Nothing in this section prevents any party to the action from producing other expert evidence on the issue covered by this section, but, if other expert witnesses are called by a party to the action, the fees of these expert witnesses shall be paid by the party calling the witnesses and only ordinary witness fees for these expert witnesses shall be taxed as costs in the action.

(D) If the court finds that the conclusions of all the examiners are that the alleged father is not the father of the child, the court shall enter judgment that the alleged father is not the father of the child. If the examiners disagree in their findings or conclusions, the court or jury shall determine the father of the child based upon all the evidence.

(E) As used in sections 3111.01 to 3111.29 of the Revised Code:

(1) "Genetic tests" and "genetic testing" mean either of the following:

(a) Tissue or blood tests, including tests that identify the presence or absence of common blood group antigens, the red blood cell antigens, human lymphocyte antigens, serum enzymes, serum proteins, or genetic markers;

(b) Deoxyribonucleic acid typing of blood or buccal cell samples.

"Genetic test" and "genetic testing" may include the typing and comparison of deoxyribonucleic acid derived from the blood of one individual and buccal cells of another.

(2) "DNA record" and "DNA database" have the same meanings as in section 109.573 of the Revised Code.

Sec. 3113.06. No father, or mother when she is charged with the maintenance, of a child under eighteen years of age, or a mentally or physically handicapped child under age twenty-one, who is legally a ward of a county PUBLIC children services board or of a county department of human services AGENCY or is the recipient of aid pursuant to Chapter 5107. or 5115. of the Revised Code, shall neglect or refuse to pay such board or department AGENCY the reasonable cost of maintaining such child when such father or mother is able to do so by reason of property, labor, or earnings.

An offense under this section shall be held committed in the county in which the board or department AGENCY is located. The board or department AGENCY shall file charges against any parent who violates this section, unless the board or department AGENCY files charges under section 2919.21 of the Revised Code, or unless charges of nonsupport are filed by a relative or guardian of the child, or unless an action to enforce support is brought under Chapter 3115. of the Revised Code.

Sec. 3113.07. As used in this section, "executive director" has the same meaning as in section 5153.01 of the Revised Code.

Sentence may be suspended, if a person, after conviction under section 3113.06 of the Revised Code and before sentence thereunder, appears before the court of common pleas in which such conviction took place and enters into bond to the state in a sum fixed by the court at not less than five hundred dollars, with sureties approved by such court, conditioned that such person will pay, so long as the child remains a ward of the county PUBLIC children services board or county department of human services AGENCY or a recipient of aid pursuant to Chapter 5107. or 5115. of the Revised Code, to the executive director thereof or to a trustee to be named by the court, for the benefit of such department or board AGENCY or if the child is a recipient of aid pursuant to Chapter 5107. or 5115. of the Revised Code, to the county department of human services, the reasonable cost of keeping such child. The amount of such costs and the time of payment shall be fixed by the court.

Sec. 3113.215. (A) As used in this section:

(1) "Income" means either of the following:

(a) For a parent who is employed to full capacity, the gross income of the parent;

(b) For a parent who is unemployed or underemployed, the sum of the gross income of the parent, and any potential income of the parent.

(2) "Gross income" means, except as excluded in this division, the total of all earned and unearned income from all sources during a calendar year, whether or not the income is taxable, and includes, but is not limited to, income from salaries, wages, overtime pay and bonuses to the extent described in division (B)(5)(d) of this section, commissions, royalties, tips, rents, dividends, severance pay, pensions, interest, trust income, annuities, social security benefits, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, benefits received by and in the possession of the veteran who is the beneficiary for any service-connected disability under a program or law administered by the United States department of veterans' affairs or veterans' administration, spousal support actually received from a person not a party to the support proceeding for which actual gross income is being determined, and all other sources of income; income of members of any branch of the United States armed services or national guard, including, but not limited to, amounts representing base pay, basic allowance for quarters, basic allowance for subsistence, supplemental subsistence allowance, cost of living adjustment, specialty pay, variable housing allowance, and pay for training or other types of required drills; self-generated income; and potential cash flow from any source.

"Gross income" does not include any benefits received from means-tested public assistance programs, including, but not limited to, aid to families with dependent children OHIO WORKS FIRST, supplemental security income, food stamps, or disability assistance, does not include any benefits for any service-connected disability under a program or law administered by the United States department of veterans' affairs or veterans' administration that have not been distributed to the veteran who is the beneficiary of the benefits and that are in the possession of the United States department of veterans' affairs or veterans' administration, does not include any child support received for children who were not born or adopted during the marriage at issue, does not include amounts paid for mandatory deductions from wages other than taxes, social security, or retirement in lieu of social security, including, but not limited to, union dues, and does not include nonrecurring or unsustainable income or cash flow items.

(3) "Self-generated income" means gross receipts received by a parent from self-employment, proprietorship of a business, joint ownership of a partnership or closely held corporation, and rents minus ordinary and necessary expenses incurred by the parent in generating the gross receipts. "Self-generated income" includes expense reimbursements or in-kind payments received by a parent from self-employment, the operation of a business, or rents, including, but not limited to, company cars, free housing, reimbursed meals, and other benefits, if the reimbursements are significant and reduce personal living expenses.

(4)(a) "Ordinary and necessary expenses incurred in generating gross receipts" means actual cash items expended by the parent or the parent's business and includes depreciation expenses of replacement business equipment as shown on the books of a business entity.

(b) Except as specifically included in "ordinary and necessary expenses incurred in generating gross receipts" by division (A)(4)(a) of this section, "ordinary and necessary expenses incurred in generating gross receipts" does not include depreciation expenses and other noncash items that are allowed as deductions on any federal tax return of the parent or the parent's business.

(5) "Potential income" means both of the following for a parent that the court, or a child support enforcement agency pursuant to sections 3111.20, 3111.21, and 3111.22 of the Revised Code, determines is voluntarily unemployed or voluntarily underemployed:

(a) Imputed income that the court or agency determines the parent would have earned if fully employed as determined from the parent's employment potential and probable earnings based on the parent's recent work history, the parent's occupational qualifications, and the prevailing job opportunities and salary levels in the community in which the parent resides;

(b) Imputed income from any nonincome-producing assets of a parent, as determined from the local passbook savings rate or another appropriate rate as determined by the court or agency, not to exceed the rate of interest specified in division (A) of section 1343.03 of the Revised Code, if the income is significant.

(6) "Child support order" means an order for the payment of child support.

(7) "Combined gross income" means the combined gross income of both parents.

(8) "Split parental rights and responsibilities" means a situation in which there is more than one child who is the subject of an allocation of parental rights and responsibilities and each parent is the residential parent and legal custodian of at least one of those children.

(9) "Schedule" means the basic child support schedule set forth in division (D) of this section.

(10) "Worksheet" means the applicable worksheet that is used to calculate a parent's child support obligation and that is set forth in divisions (E) and (F) of this section.

(11) "Nonrecurring or unsustainable income or cash flow item" means any income or cash flow item that the parent receives in any year or for any number of years not to exceed three years and that the parent does not expect to continue to receive on a regular basis. "Nonrecurring or unsustainable income or cash flow item" does not include a lottery prize award that is not paid in a lump sum or any other item of income or cash flow that the parent receives or expects to receive for each year for a period of more than three years or that the parent receives and invests or otherwise utilizes to produce income or cash flow for a period of more than three years.

(12) "Extraordinary medical expenses" means any uninsured medical expenses that are incurred for a child during a calendar year and that exceed one hundred dollars for that child during that calendar year.

(B)(1) In any action in which a child support order is issued or modified under Chapter 3115. or section 2151.23, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, in any other proceeding in which the court determines the amount of child support that will be ordered to be paid pursuant to a child support order, or when a child support enforcement agency determines the amount of child support that will be paid pursuant to an administrative child support order issued pursuant to sections 3111.20, 3111.21, and 3111.22 of the Revised Code, the court or agency shall calculate the amount of the obligor's child support obligation in accordance with the basic child support schedule in division (D) of this section, the applicable worksheet in division (E) or (F) of this section, and the other provisions of this section, shall specify the support obligation as a monthly amount due, and shall order the support obligation to be paid in periodic increments as it determines to be in the best interest of the children. In performing its duties under this section, the court or agency is not required to accept any calculations in a worksheet prepared by any party to the action or proceeding. In any action or proceeding in which the court determines the amount of child support that will be ordered to be paid pursuant to a child support order or when a child support enforcement agency determines the amount of child support that will be paid pursuant to an administrative child support order issued pursuant to sections 3111.20, 3111.21, and 3111.22 of the Revised Code, the amount of child support that would be payable under a child support order, as calculated pursuant to the basic child support schedule in division (D) of this section and pursuant to the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, is rebuttably presumed to be the correct amount of child support due, and the court or agency shall order that amount to be paid as child support unless both of the following apply with respect to an order issued by a court:

(a) The court, after considering the factors and criteria set forth in division (B)(3) of this section, determines that the amount calculated pursuant to the basic child support schedule and pursuant to the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, would be unjust or inappropriate and would not be in the best interest of the child.

(b) The court enters in the journal the amount of child support calculated pursuant to the basic child support schedule and pursuant to the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, its determination that that amount would be unjust or inappropriate and would not be in the best interest of the child, and findings of fact supporting that determination.

(2) In determining the amount of child support to be paid under any child support order, the court, upon its own recommendation or upon the recommendation of the child support enforcement agency, shall or the child support enforcement agency, pursuant to sections 3111.20, 3111.21, and 3111.22 of the Revised Code, shall do all of the following:

(a) If the combined gross income of both parents is less than six thousand six hundred dollars per year, the court or agency shall determine the amount of the obligor's child support obligation on a case-by-case basis using the schedule as a guideline. The court or agency shall review the obligor's gross income and living expenses to determine the maximum amount of child support that it reasonably can order without denying the obligor the means for self-support at a minimum subsistence level and shall order a specific amount of child support, unless the obligor proves to the court or agency that the obligor is totally unable to pay child support and the court or agency determines that it would be unjust or inappropriate to order the payment of child support and enters its determination and supporting findings of fact in the journal.

(b) If the combined gross income of both parents is greater than one hundred fifty thousand dollars per year, the court or agency shall determine the amount of the obligor's child support obligation on a case-by-case basis and shall consider the needs and the standard of living of the children who are the subject of the child support order and of the parents. When the court or agency determines the amount of the obligor's child support obligation for parents with a combined gross income greater than one hundred fifty thousand dollars, the court or agency shall compute a basic combined child support obligation that is no less than the same percentage of the parents' combined annual income that would have been computed under the basic child support schedule and under the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, for a combined gross income of one hundred fifty thousand dollars, unless the court or agency determines that it would be unjust or inappropriate and would not be in the best interest of the child, obligor, or obligee to order that amount and enters in the journal the figure, determination, and findings.

(c) The court shall not order an amount of child support that deviates from the amount of child support that would otherwise result from the use of the basic child support schedule and the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, unless both of the following apply:

(i) The court, after considering the factors and criteria set forth in division (B)(3) of this section, determines that the amount calculated pursuant to the basic child support schedule and pursuant to the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, would be unjust or inappropriate and would not be in the best interest of the child;

(ii) The court enters in the journal the amount of child support calculated pursuant to the basic child support schedule and pursuant to the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, its determination that that amount would be unjust or inappropriate and would not be in the best interest of the child, and findings of fact supporting that determination.

(3) The court, in accordance with divisions (B)(1) and (2)(c) of this section, may deviate from the amount of support that otherwise would result from the use of the schedule and the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, in cases in which the application of the schedule and the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, would be unjust or inappropriate and would not be in the best interest of the child. In determining whether that amount would be unjust or inappropriate and would not be in the best interest of the child, the court may consider any of the following factors and criteria:

(a) Special and unusual needs of the children;

(b) Extraordinary obligations for minor children or obligations for handicapped children who are not stepchildren and who are not offspring from the marriage or relationship that is the basis of the immediate child support determination;

(c) Other court-ordered payments;

(d) Extended times of visitation or extraordinary costs associated with visitation, provided that this division does not authorize and shall not be construed as authorizing any deviation from the schedule and the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, or any escrowing, impoundment, or withholding of child support because of a denial of or interference with a right of companionship or visitation granted by court order;

(e) The obligor obtains additional employment after a child support order is issued in order to support a second family;

(f) The financial resources and the earning ability of the child;

(g) Disparity in income between parties or households;

(h) Benefits that either parent receives from remarriage or sharing living expenses with another person;

(i) The amount of federal, state, and local taxes actually paid or estimated to be paid by a parent or both of the parents;

(j) Significant in-kind contributions from a parent, including, but not limited to, direct payment for lessons, sports equipment, schooling, or clothing;

(k) The relative financial resources, other assets and resources, and needs of each parent;

(l) The standard of living and circumstances of each parent and the standard of living the child would have enjoyed had the marriage continued or had the parents been married;

(m) The physical and emotional condition and needs of the child;

(n) The need and capacity of the child for an education and the educational opportunities that would have been available to the child had the circumstances requiring a court order for support not arisen;

(o) The responsibility of each parent for the support of others;

(p) Any other relevant factor.

The court may accept an agreement of the parents that assigns a monetary value to any of the factors and criteria listed in division (B)(3) of this section that are applicable to their situation.

(4) If an obligor or obligee under a child support order requests the court to modify the amount of support required to be paid pursuant to the child support order, the court shall recalculate the amount of support that would be required to be paid under the support order in accordance with the schedule and pursuant to the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, and if that amount as recalculated is more than ten per cent greater than or more than ten per cent less than the amount of child support that is required to be paid pursuant to the existing child support order, the deviation from the recalculated amount that would be required to be paid under the schedule and the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, shall be considered by the court as a change of circumstance that is substantial enough to require a modification of the amount of the child support order. In determining pursuant to this division the recalculated amount of support that would be required to be paid under the support order for purposes of determining whether that recalculated amount is more than ten per cent greater than or more than ten per cent less than the amount of child support that is required to be paid pursuant to the existing child support order, the court shall consider, in addition to all other factors required by law to be considered, the cost of health insurance which the obligor, the obligee, or both the obligor and the obligee have been ordered to obtain for the children specified in the order. Additionally, if an obligor or obligee under a child support order requests the court to modify the amount of support required to be paid pursuant to the child support order and if the court determines that the amount of support does not adequately meet the medical needs of the child, the inadequate coverage shall be considered by the court as a change of circumstance that is substantial enough to require a modification of the amount of the child support order. If the court determines that the amount of child support required to be paid under the child support order should be changed due to a substantial change of circumstances that was not contemplated at the time of the issuance of the original child support order or the last modification of the child support order, the court shall modify the amount of child support required to be paid under the child support order to comply with the schedule and the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, unless the court determines that the amount calculated pursuant to the basic child support schedule and pursuant to the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, would be unjust or inappropriate and would not be in the best interest of the child and enters in the journal the figure, determination, and findings specified in division (B)(2)(c) of this section.

(5) When a court computes the amount of child support required to be paid under a child support order or a child support enforcement agency computes the amount of child support to be paid pursuant to an administrative child support order issued pursuant to section 3111.20, 3111.21, or 3111.22 of the Revised Code, all of the following apply:

(a) The parents shall verify current and past income and personal earnings with suitable documents, including, but not limited to, paystubs, employer statements, receipts and expense vouchers related to self-generated income, tax returns, and all supporting documentation and schedules for the tax returns.

(b) The amount of any pre-existing child support obligation of a parent under a child support order and the amount of any court-ordered spousal support paid to a former spouse shall be deducted from the gross income of that parent to the extent that payment under the child support order or that payment of the court-ordered spousal support is verified by supporting documentation.

(c) If other minor children who were born to the parent and a person other than the other parent who is involved in the immediate child support determination live with the parent, the court or agency shall deduct an amount from that parent's gross income that equals the number of such minor children times the federal income tax exemption for such children less child support received for them for the year, not exceeding the federal income tax exemption.

(d) When the court or agency calculates the gross income of a parent, it shall include the lesser of the following as income from overtime and bonuses:

(i) The yearly average of all overtime and bonuses received during the three years immediately prior to the time when the person's child support obligation is being computed;

(ii) The total overtime and bonuses received during the year immediately prior to the time when the person's child support obligation is being computed.

(e) When the court or agency calculates the gross income of a parent, it shall not include any income earned by the spouse of that parent.

(f) The court shall not order an amount of child support for reasonable and ordinary uninsured medical or dental expenses in addition to the amount of the child support obligation determined in accordance with the schedule. The court shall issue a separate order for extraordinary medical or dental expenses, including, but not limited to, orthodontia, psychological, appropriate private education, and other expenses, and may consider the expenses in adjusting a child support order.

(g) When a court or agency calculates the amount of child support to be paid pursuant to a child support order or an administrative child support order, if the combined gross income of both parents is an amount that is between two amounts set forth in the first column of the schedule, the court or agency may use the basic child support obligation that corresponds to the higher of the two amounts in the first column of the schedule, use the basic child support obligation that corresponds to the lower of the two amounts in the first column of the schedule, or calculate a basic child support obligation that is between those two amounts and corresponds proportionally to the parents' actual combined gross income.

(h) When the court or agency calculates gross income, the court or agency, when appropriate, may average income over a reasonable period of years.

(6)(a) If the court issues a shared parenting order in accordance with section 3109.04 of the Revised Code, the court shall order an amount of child support to be paid under the child support order that is calculated in accordance with the schedule and with the worksheet set forth in division (E) of this section, through line 24, except that, if the application of the schedule and the worksheet, through line 24, would be unjust or inappropriate to the children or either parent and would not be in the best interest of the child because of the extraordinary circumstances of the parents or because of any other factors or criteria set forth in division (B)(3) of this section, the court may deviate from the amount of child support that would be ordered in accordance with the schedule and worksheet, through line 24, shall consider those extraordinary circumstances and other factors or criteria if it deviates from that amount, and shall enter in the journal the amount of child support calculated pursuant to the basic child support schedule and pursuant to the applicable worksheet, through line 24, its determination that that amount would be unjust or inappropriate and would not be in the best interest of the child, and findings of fact supporting that determination.

(b) For the purposes of this division, "extraordinary circumstances of the parents" includes, but is not limited to, all of the following:

(i) The amount of time that the children spend with each parent;

(ii) The ability of each parent to maintain adequate housing for the children;

(iii) Each parent's expenses, including, but not limited to, child care expenses, school tuition, medical expenses, and dental expenses.

(7)(a) In any action in which a child support order is issued or modified under Chapter 3115. or section 2151.23, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, or 3113.31 of the Revised Code or in any other proceeding in which the court determines the amount of child support that will be ordered to be paid pursuant to a child support order and except as otherwise provided in this division, the court shall issue a minimum support order requiring the obligor to pay a minimum amount of fifty dollars a month for child support under the child support order. The court, in its discretion and in appropriate circumstances, may issue a minimum support order requiring the obligor to pay an amount of child support that is less than fifty dollars a month or not requiring the obligor to pay an amount for support. The appropriate circumstances for which a court may issue a minimum support order requiring an obligor to pay an amount of child support that is less than fifty dollars a month or not requiring the obligor to pay an amount for support include, but are not limited to, the nonresidential parent's medically verified or documented physical or mental disability or institutionalization in a facility for persons with a mental illness. If the court issues a minimum support order pursuant to this division and the obligor under the support order is the recipient of need-based public assistance, any unpaid amounts of support due under the support order shall accrue as arrearages from month to month, the obligor's current obligation to pay the support due under the support order is suspended during any period of time that the obligor is receiving need-based public assistance and is complying with any seek work orders issued pursuant to division (D)(7) of section 3113.21 of the Revised Code, and the court, obligee, and child support enforcement agency shall not enforce the obligation of the obligor to pay the amount of support due under the support order during any period of time that the obligor is receiving need-based public assistance and is complying with any seek work orders issued pursuant to division (D)(7) of section 3113.21 of the Revised Code.

(b) Notwithstanding division (B)(7)(a) of this section, if the amount of support payments that federal law requires or permits to be disregarded in determining eligibility for aid under Chapter 5107. of the Revised Code exceeds fifty dollars, instead of fifty dollars the amount of a minimum support order described in division (B)(7)(a) of this section shall be the amount federal law requires or permits to be disregarded.

(C) Except when the parents have split parental rights and responsibilities, a parent's child support obligation for a child for whom the parent is the residential parent and legal custodian shall be presumed to be spent on that child and shall not become part of a child support order, and a parent's child support obligation for a child for whom the parent is not the residential parent and legal custodian shall become part of a child support order. If the parents have split parental rights and responsibilities, the child support obligations of the parents shall be offset, and the court shall issue a child support order requiring the parent with the larger child support obligation to pay the net amount pursuant to the child support order. If neither parent of a child who is the subject of a child support order is the residential parent and legal custodian of the child and the child resides with a third party who is the legal custodian of the child, the court shall issue a child support order requiring each parent to pay that parent's child support obligation pursuant to the child support order.

Whenever a court issues a child support order, it shall include in the order specific provisions for regular, holiday, vacation, and special visitation in accordance with section 3109.05, 3109.11, or 3109.12 of the Revised Code or in accordance with any other applicable section of the Revised Code. The court shall not authorize or permit the escrowing, impoundment, or withholding of any child support payment because of a denial of or interference with a right of visitation included as a specific provision of the child support order or as a method of enforcing the specific provisions of the child support order dealing with visitation.

(D)(1) Except as provided in divisions (D)(2) and (3) of this section, the following basic child support schedule shall be used by all courts and child support enforcement agencies when calculating the amount of child support that will be paid pursuant to a child support order or an administrative child support order, unless the combined gross income of the parents is less than sixty-six hundred dollars or more than one hundred fifty thousand dollars:

(2) Until July 1, 1994, or a later date specified pursuant to division (D)(3) of this section, the following basic child support schedule shall be used by all courts and child support enforcement agencies to calculate the amount of child support that will be paid pursuant to a child support order or an administrative child support order when combined gross income is at least six thousand dollars but not more than twenty-one thousand six hundred dollars:

(3) The office of budget and management and the department of human services shall conduct a study of the impact on the general revenue fund of implementing the basic child support schedule in division (D)(1) of this section for combined gross incomes of at least six thousand dollars but not more than twenty-one thousand six hundred dollars. If, prior to July 1, 1994, the department and the office conclude from the study that implementing the basic child support schedule in division (D)(1) of this section for those incomes will have a negative impact on the general revenue fund, the department shall inform the controlling board of the impact and recommend to the board continued use of the schedule in division (D)(2) until a date which the department shall specify. On receipt of the department's recommendation, the board shall specify a date for discontinuance of the schedule in division (D)(2), which may be the date recommended by the department or any other date considered appropriate by the board. On the date specified by the board, the schedule in division (D)(2) shall cease to be used and child support shall be calculated pursuant to the schedule in division (D)(1) of this section.

(E) When a court or child support enforcement agency calculates the amount of child support that will be required to be paid pursuant to a child support order or an administrative child support order in a proceeding in which one parent is the residential parent and legal custodian of all of the children who are the subject of the child support order or the court issues a shared parenting order, the court or child support enforcement agency shall use a worksheet that is identical in content and form to the following worksheet:

Name of parties .................................................

Case No. ..........

Number of minor children ...... The following parent was designated as the residential parent and legal custodian (disregard if shared parenting order):

............. mother; ............ father.

Father has ..... pay periods annually; mother has ..... pay periods annually.

	Column I Father	Column II Mother	Column III Combined

1a. Annual gross income from employment or, when determined appropriate by the court or agency, average annual gross income from employment over a reasonable period of years (exclude overtime and bonuses)	$......	$......
b. Amount of overtime and bonuses	Father	Mother
Yr. 3
(Three years ago)	$......	$......
Yr. 2
(Two years ago)	$......	$......
Yr. 1
(Last calendar year)	$......	$......
Average:	$......	$......
(Include in Column I and/or Column II the average of the three years or the year 1 amount, whichever is less, if there exists a reasonable expectation that the total earnings from overtime and/or bonuses during the current calendar year will meet or exceed the amount that is the lower of the average of the three years or the year 1 amount. If, however, there exists a reasonable expectation that the total earnings from overtime/bonuses during the current calendar year will be less than the lower of the average of the three years or the year 1 amount, include only the amount reasonably expected to be earned this year.)	$......	$......
2. Annual income from interest and dividends (whether or not taxable)	$......	$......
3. Annual income from unemployment compensation	$......	$......
4. Annual income from workers' compensation or disability insurance benefits	$......	$......
5. Other annual income (identify)	$......	$......
6. Total annual gross income (add lines 1-5)	$......	$......
7. Annual court-ordered support paid for other children	$......	$......
8. Adjustment for minor children born to either parent and another parent, which children are living with this parent (number of children times federal income tax exemption less child support received for the year, not to exceed the federal tax exemption)	$......	$......
9. Annual court-ordered spousal support paid to a former spouse	$......	$......
10. Amount of local income taxes actually paid or estimated to be paid	$......	$......
11. For self-employed individuals, deduct 5.6% of adjusted gross income or the actual marginal difference between the actual rate paid by the self-employed individual and the F.I.C.A. rate	$......	$......
12. For self-employed individuals, deduct ordinary and necessary business expenses	$......	$......
13. Total gross income adjustments (add lines 7-12)	$......	$......
14. Adjusted annual gross income (subtract line 13 from line 6)	$......	$......
15. Combined annual income that is basis for child support order (add line 14, Col. I and Col. II)			$......
16. Percentage parent's income to total income
a. Father (divide line 14, Col. I by line 15, Col. III)	%
b. Mother (divide line 14, Col. II by line 15, Col. III)		+ %	= 100%
17. Basic combined child support obligation (Refer to basic child support schedule in division (D) of section 3113.215 of the Revised Code; in the first column of the schedule, locate the sum that is nearest to the combined annual income listed in line 15, Col. III of this worksheet, then refer to the column of the schedule that corresponds to the number of children in this family. If the income of the parents is more than one sum, and less than another sum, in the first column of the schedule, you may calculate the basic combined child support obligation based upon the obligation for those two sums.)		$......
18. Annual child care expenses for the children who are the subject of this order that are work, employment training, or education related, as approved by the court or agency (deduct the tax credit from annual cost, whether or not claimed)	$......	$......
19. Marginal, out-of-pocket costs, necessary to provide for health insurance for the children who are the subject of this order	$......	$......
20. Total child care and medical expenses (add lines 18 and 19, Column I and Column II)	$......	$......
21. Combined annual child support obligation for this family (add lines 17 and 20, Column I and Column II)	.......		$......
22. Annual support obligation/parent
a. Father (multiply line 21, Col. III, by line 16a)	$......
b. Mother (multiply line 21, Col. III, by line 16b)		$......
23. Adjustment for actual expenses paid for annual child care expenses and marginal, out-of-pocket costs, necessary to provide for health insurance (enter number from line 18 or 19 if applicable)	$......	$......
24. Actual annual obligation (subtract line 23 from line 22a or 22b)	$......	$......

25. GROSS HOUSEHOLD INCOME PER PARTY AFTER EXCHANGE OF CHILD SUPPORT (ADD LINES 14 AND 24 COLUMN I OR II FOR RESIDENTIAL PARENT OR, IN THE CASE OF SHARED PARENTING ORDER, THE PARENT TO WHOM CHILD SUPPORT WILL BE PAID; SUBTRACT LINE 24 COLUMN I OR II FROM LINE 14 FOR PARENT WHO IS NOT THE RESIDENTIAL PARENT OR, IN THE CASE OF SHARED PARENTING ORDER, THE PARENT WHO WILL PAY CHILD SUPPORT)	$......	$......
26. Comments, rebuttal, or adjustments to correct figures in lines 24, Column I and 24, Column II if they would be unjust or inappropriate and would not be in best interest of the child or children (specific facts to support adjustments must be included)	$......	$......

(Addendum sheet may be attached)

27. Final figure (this amount reflects final annual child support obligation)	$......	father/mother obligor

28. For decree: child support per child per week or per month (divide obligor's annual share, line 27, by 12 or 52 and by number of children)	$......
29. For deduction order: child support per pay period (calculate support per pay period from figure on line 28) plus appropriate poundage	$......

Calculations have been reviewed.

Signatures
	Father
	I do/do not consent.

Sworn to before me and suscribed SUBSCRIBED in my presence, this ..... day of .........., 19...

	Notary Public
	Mother
	I do/do not consent.

Sworn to before me and suscribed SUBSCRIBED in my presence, this ..... day of .........., 19...

	Notary Public
Attorney for father	Attorney for mother"

(F) When a court or child support enforcement agency calculates the amount of child support that will be required to be paid pursuant to a child support order in a proceeding in which both parents have split parental rights and responsibilities with respect to the children who are the subject of the child support order, the court or child support enforcement agency shall use a worksheet that is identical in content and form to the following worksheet:

Name of parties .............................

Case No. ..........

Number of minor children ...... The following parent was designated residential parent and legal custodian:

............ mother; ............ father.

Father has ..... pay periods annually; mother has ..... pay periods annually.

	Column I Father	Column II Mother	Column III Combined

1a. Annual gross income from employment or, when determined to be appropriate by the court or agency, average annual gross income from employment over a reasonable period of years (exclude overtime and bonuses)	$......	$......
b. Amount of overtime and bonuses	Father	Mother
Yr. 3
(Three years ago)	$......	$......
Yr. 2
(Two years ago)	$......	$......
Yr. 1
(Last calendar year)	$......	$......
Average:	$......	$......
(Include in Column I and/or Column II the average of the three years or the year 1 amount, whichever is less, if there exists a reasonable expectation that the total earnings from overtime and/or bonuses during the current calendar year will meet or exceed the amount that is the lower of the average of the three years or the year 1 amount. If, however, there exists a reasonable expectation that the total earnings from overtime/bonuses during the current calendar year will be less than the lower of the average of the three years or the year 1 amount, include only the amount reasonably expected to be earned this year.)	$......	$.......
2. Annual income from interest and dividends (whether or not taxable)	$......	$......
3. Annual income from unemployment compensation	$......	$......
4. Annual income from workers' compensation or disability insurance benefits	$......	$......
5. Other annual income (identify)	$......	$......
6. Total annual gross income (add lines 1-5)	$......	$......
7. Annual court-ordered support paid for other children	$......	$......
8. Adjustment for minor children born to either parent and another parent, which children are living with this parent (number of children times federal income tax exemption less child support received for the year, not to exceed the federal tax exemption)	$......	$......
9. Annual court-ordered spousal support paid to a former spouse	$......	$......
10. Amount of local income taxes actually paid or estimated to be paid	$......	$......
11. For self-employed individuals, deduct 5.6% of adjusted gross income or the actual marginal difference between the actual rate paid by the self-employed individual and the F.I.C.A. rate	$......	$......
12. For self-employed individuals, deduct ordinary and necessary business expenses	$......	$......
13. Total gross income adjustments (add lines 7-12)	$......	$......
14. Adjusted annual gross income (subtract line 13 from line 6)	$......	$......
15. Combined annual income that is basis for child support order (add line 14, Col. I and Col. II)			$.....
16. Percentage parent's income to total income
a. Father (divide line 14, Col. I by line 15, Col. III)	%
b. Mother (divide line 14, Col. II by line 15, Col. III)		+ %	= 100%
17. Basic combined child support obligation/household
a. For children for whom the father is the residential parent and legal custodian (Refer to basic child support schedule in division (D) of section 3113.215 of the Revised Code; in the first column of the schedule, locate the sum that is nearest to the combined annual income listed in line 15, Col. III of this worksheet, then refer to the column of the schedule that corresponds to the number of children for whom the father is the residential parent and legal custodian. If the income of the parents is more than one sum, and less than another sum, in the first column of the schedule, you may calculate the basic combined child support obligation based upon the obligation for those two sums.)			$......
b. For children for whom the mother is the RESIDENTIAL parent and the legal custodian. (Refer to basic child support schedule in division (D) of section 3313.215 3113.215 of the Revised Code; in the first column of the schedule, locate the sum that is nearest to the combined annual income listed in line 15, Col. III of this worksheet, then refer to the column of the schedule that corresponds to the number of children for whom the mother is the residential parent and the legal custodian. If the income of the parents is more than one sum, and less than another sum, in the first column of the schedule, you may calculate the basic combined child support obligation based upon the obligation for those two sums.)			$......
18. Annual child care expenses for the children who are the subject of this order that are work, employment training, or education related, as approved by the court or agency (deduct the as approved by the court or agency (deduct the tax credit from annual cost, whether or not claimed)
a. Expenses paid by the father	$......
b. Expenses paid by the mother		$......
19. Marginal, out-of-pocket costs, necessary to provide for health insurance for the children who are the subject of this order
a. Costs paid by the father	$......
b. Costs paid by the mother		$......
20. Total annual child care and medical expenses
a. Of father (add lines 18a and 19a)	$......
b. Of mother (add lines 18b and 19b)		$......
21. Total annual child support obligation
a. Of father for child(ren) for whom the mother is the residential parent and legal custodian (add lines 20a and 17b and multiply by line 16a)	$......
b. Of mother for child(ren) for whom the father is the residential parent and legal custodian (add lines 20b and 17b 17a and multiply by line 16b)		$......
22. Adjustment for actual expenses paid for annual child care expenses, and marginal, out-of-pocket costs, necessary to provide for health insurance
a. For father (enter number from line 20a)	$......
b. For mother (enter number from line 20b)		$......
23. Actual annual obligation (subtract line 22a from line 21a and insert in Column I; subtract line 22b from line 21b and insert in Column II)	$......	$......
24. Net annual support obligation (greater amount on line 23 Column I or line 23 Column II minus lesser amount on line 23 Column I or line 23 Column II)	$......	$......
25. Gross household income per party after exchange of child support	$......	$......
(add line 14 and line 24 for the parent receiving a child support payment; subtract line 24 from line 14 for the parent making a child support payment)
26. Comments, rebuttal, or adjustments to correct figures in lines 24, Column I and 24, Column II if they would be unjust or inappropriate and would not be in best interest of the children (specific facts to support adjustments must be included)	$......	$......

(Addendum sheet may be attached)

27. Final figure (this amount reflects final annual child support obligation)	$......	father/mother obligor

28. For decree: child support per child per week or per month (divide obligor's annual share, line 27, by 12 or 52 and by the number of children)	$......
29. For deduction order: child support per day (calculate support per pay period from figure on line 28) and add appropriate poundage		$......

Calculations have been reviewed.

Signatures
	Father
	I do/do not consent.

Sworn to before me and suscribed SUBSCRIBED in my presence, this ..... day of .........., 19...

	Notary Public
	Mother
	I do/do not consent.

Sworn to before me and suscribed SUBSCRIBED in my presence, this ..... day of .........., 19...

	Notary Public
Attorney for father	Attorney for mother"

(G) At least once every four years, the department of human services shall review the basic child support schedule set forth in division (D) of this section to determine whether support orders issued in accordance with the schedule and the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, adequately provide for the needs of the children who are subject to the support orders, prepare a report of its review, and submit a copy of the report to both houses of the general assembly. For each review, the department shall establish a child support guideline advisory council to assist the department in the completion of its reviews and reports. Each council shall be composed of obligors, obligees, judges of courts of common pleas who have jurisdiction over domestic relations cases, attorneys whose practice includes a significant number of domestic relations cases, representatives of child support enforcement agencies, other persons interested in the welfare of children, three members of the senate appointed by the president of the senate, no more than two of whom are members of the same party, and three members of the house of representatives appointed by the speaker of the house, no more than two of whom are members of the same party. The department shall consider input from the council prior to the completion of any report under this section. The advisory council shall cease to exist at the time that it submits its report to the general assembly. Any expenses incurred by an advisory council shall be paid by the department.

On or before March 1, 1993, the department shall submit its initial report under this division to both houses of the general assembly. On or before the first day of March of every fourth year after 1993, the department shall submit a report under this division to both houses of the general assembly.

Sec. 3113.216. (A) As used in this section, "obligor," "obligee," and "child support enforcement agency" have the same meanings as in section 3113.21 of the Revised Code.

(B) No later than October 13, 1990, the department of human services shall adopt rules pursuant to Chapter 119. of the Revised Code establishing a procedure for determining when existing child support orders should be reviewed to determine whether it is necessary and in the best interest of the children who are the subject of the child support order to change the child support order. The rules shall include, but are not limited to, all of the following:

(1) Any procedures necessary to comply with section 666(a)(10) of Title 42 of the U.S. Code, "Family Support Act of 1988," 102 Stat. 2346, 42 U.S.C. 666(a)(10), as amended, and any regulations adopted pursuant to, or to enforce, that section;

(2) Procedures for determining what child support orders are to be subject to review upon the request of either the obligor or the obligee or periodically by the child support enforcement agency administering the child support order;

(3) Procedures for the child support enforcement agency to periodically review and to review, upon the request of the obligor or the obligee, any child support order that is subject to review to determine whether the amount of child support paid under the child support order should be adjusted in accordance with the basic child support schedule set forth in division (D) of section 3113.215 of the Revised Code;

(4) Procedures for giving obligors and obligees notice of their right to request a review of a child support order that is determined to be subject to review, notice of any proposed revision of the amount of child support to be paid under the child support order, notice of the procedures for requesting a hearing on any proposed revision of the amount of child support to be paid under a child support order, notice of any administrative hearing to be held on a proposed revision of the amount of child support to be paid under a child support order, at least sixty days' prior notice of any review of their child support order, and notice that a failure to comply with any request for documents or information to be used in the review of a child support order is contempt of court;

(5) Procedures for obtaining the necessary documents and information necessary to review child support orders and for holding administrative hearings on a proposed revision of the amount of child support to be paid under a child support order;

(6) Procedures for adjusting child support orders in accordance with the basic child support schedule set forth in division (D) of section 3113.215 of the Revised Code and the applicable worksheet in division (E) of that section, through line 24 or in division (F) of that section, through line 23.

(C)(1) If a child support enforcement agency, periodically or upon request of an obligor or obligee, plans to review a child support order in accordance with the rules adopted pursuant to division (B) of this section or otherwise plans to review a child support order, it shall do all of the following prior to formally beginning the review:

(a) Establish a date certain upon which the review will formally begin;

(b) At least sixty days before formally beginning the review, send the obligor and the obligee notice of the planned review and of the date when the review will formally begin;

(c) Request the obligor to provide the agency, no later than the scheduled date for formally beginning the review, with a copy of the obligor's federal income tax return from the previous year, a copy of all pay stubs obtained by the obligor within the preceding six months, a copy of all other records evidencing the receipt of any other salary, wages, or compensation by the obligor within the preceding six months, and any other information necessary to properly review the child support order, and request the obligee to provide the agency, no later than the scheduled date for formally beginning the review, with a copy of the obligee's federal income tax return from the previous year, a copy of all pay stubs obtained by the obligee within the preceding six months, a copy of all other records evidencing the receipt of any other salary, wages, or compensation by the obligee within the preceding six months, and any other information necessary to properly review the child support order;

(d) Include in the notice sent pursuant to division (C)(1)(b) of this section, a notice that a willful failure to provide the documents and other information requested pursuant to division (C)(1)(c) of this section is contempt of court.

(2) If either the obligor or the obligee fails to comply with a request for information made pursuant to division (C)(1)(c) of this section, it is contempt of court, and the agency shall notify the court of the failure to comply with the request for information. The agency may request the court to issue an order requiring the obligor or the obligee to provide the information as requested or take whatever action is necessary to obtain the information and make any reasonable assumptions necessary with respect to the income of the person in contempt of court to ensure a fair and equitable review of the child support order. If the agency decides to conduct the review based upon reasonable assumptions with respect to the income of the person in contempt of court, it shall proceed under division (C)(3) of this section in the same manner as if all requested information has been received.

(3) Upon the date established pursuant to division (C)(1)(a) of this section for formally beginning the review of a child support order, the agency shall review the child support order and shall do all of the following:

(a) Calculate a revised amount of child support to be paid under the child support order;

(b) Give the obligor and obligee notice of the revised amount of child support to be paid under the child support order, of their right to request an administrative hearing on the revised amount of child support, of the procedures and time deadlines for requesting the hearing, and that the revised amount of child support will be submitted to the court for inclusion in a revised child support order unless the obligor or obligee requests an administrative hearing on the proposed change within thirty days after receipt of the notice under this division;

(c) If neither the obligor nor the obligee timely requests an administrative hearing on the revised amount of child support to be paid under the child support order, submit the revised amount of child support to the court for inclusion in a revised child support order;

(d) If the obligor or the obligee timely requests an administrative hearing on the revised amount of child support to be paid under the child support order, the agency shall schedule a hearing on the issue, give the obligor and obligee notice of the date, time, and location of the hearing, conduct the hearing in accordance with the rules adopted under division (B) of this section, redetermine at the hearing a revised amount of child support to be paid under the child support order, and give notice of all of the following to the obligor and obligee:

(i) The revised amount of child support to be paid under the child support order;

(ii) That they may request a court hearing on the revised amount of child support;

(iii) That the agency will submit the revised amount of child support to the court for inclusion in a revised child support order, if neither the obligor nor the obligee requests a court hearing on the revised amount of child support.

(e) If neither the obligor nor the obligee requests a court hearing on the revised amount of child support to be paid under the child support order, submit the revised amount of child support to the court for inclusion in a revised child support order.

(4) In calculating a revised amount of child support to be paid under a child support order under division (C)(3)(a) of this section, and in redetermining, at an administrative hearing conducted under division (C)(3)(d) of this section, a revised amount of child support to be paid under a child support order, the child support enforcement agency shall consider, in addition to all other factors required by law to be considered, the cost of health insurance which the obligor, the obligee, or both the obligor and the obligee have been ordered to obtain for the children specified in the order.

(D) If an obligor or obligee files a request for a court hearing on a revised amount of child support to be paid under a child support order in accordance with division (C) of this section and the rules adopted under division (B) of this section, the court shall conduct a hearing in accordance with division (C)(1)(c) of section 3113.21 of the Revised Code.

(E) A child support enforcement agency is not required to review a child support order pursuant to this section if the review is not otherwise required by section 666(a)(10) of Title 42 of the U.S. Code, "Family Support Act of 1988," 102 Stat. 2346, 42 U.S.C. 666(a)(10), as amended, and any regulations adopted pursuant to, or to enforce, that section and if either of the following apply:

(1) The obligee has made an assignment under section 5107.07 of the Revised Code of his THE right to receive child support payments, the agency determines that the review would not be in the best interest of the children who are the subject of the child support order, and neither the obligor nor the obligee has requested that the review be conducted;

(2) The obligee has not made an assignment under section 5107.07 5107.11 of the Revised Code of his THE right to receive child support payments, neither the obligor nor the obligee has requested that the review be conducted.

Sec. 3115.24. (A) A court shall give full faith and credit to a parentage determination made under the laws of a state, regardless of whether the parentage determination was made pursuant to a voluntary acknowledgement of paternity, an administrative procedure, or a court proceeding.

(B) If the obligor asserts as a defense that he is not the father of the child for whom support is sought, and if the issue of parentage previously has not been determined by a court or administrative body of this state or another state, the court, upon its own motion or the motion of any party to the action, shall order the child's mother, the child, the alleged father of the child, and any other person who is a defendant in the action to submit to genetic tests for use in determining the paternity of the child in accordance with divisions (B), (C), and (D) of section 3111.09 of the Revised Code.

(C) If the court orders any persons to submit to genetic tests pursuant to division (B) of this section, the fees charged for the tests shall be paid by the party that requested the genetic tests unless the custodian of the child is represented by the child support enforcement agency in its role as the agency providing enforcement of child support orders under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, the custodian of the child is a recipient of aid to dependent children OHIO WORKS FIRST under Chapter 5107. of the Revised Code for the benefit of the child or the defendant in the action is found to be indigent, in which case the child support enforcement agency shall pay the costs of the genetic testing. The child support enforcement agency, within guidelines contained in that federal law, shall use funds received pursuant to Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, to pay the fees charged for the tests. If there is a dispute as to who shall pay the fees charged for genetic testing, the child support enforcement agency shall pay the fees, but in no instance shall genetic testing be delayed due to a dispute as to who shall pay the genetic testing fees. The child support enforcement agency or the person who paid the fees charged for the genetic tests may seek reimbursement for the fees charged for the genetic tests from the person against whom the court assesses the costs of the action. Any funds used in accordance with this division by the child support enforcement agency shall be in addition to any other funds that the agency is entitled to receive as a result of any contractual provision for specific funding allocations for the agency between the county, the state, and the federal government.

Sec. 3301.0719. (A) As used in this section:

(1) "Aid-to-dependent-children OHIO WORKS FIRST rate" means the percentage that equals the quotient obtained by dividing the number of children ages five to seventeen residing in the district and living in a family receiving aid to dependent children OHIO WORKS FIRST, as certified for the most recent year under section 3317.10 of the Revised Code, by the total of the number of students in average daily membership in grades kindergarten through twelve, as certified for the most recent year under section 3317.03 of the Revised Code.

(2) "At-risk school district" means any city, exempted village, or local school district that has a dropout rate, rounded to the nearest one-half per cent, of thirty per cent or more and to whom one or both of the following apply:

(a) The aid-to-dependent-children OHIO WORKS FIRST rate of the district is more than thirty per cent.

(b) The amount of the average personal income per tax return of the district, as reported for the most recent tax year by the department of taxation to the department of education, is less than eighty per cent of the amount of the statewide average personal income per tax return for that tax year.

(3) "Dropout rate" for any at-risk school district means the percentage that equals the difference between one hundred per cent and the graduation rate for the most recent school year calculated in accordance with division (B)(1)(r) of section 3301.0714 of the Revised Code.

(B) During the first two weeks of July each year, beginning in 1992, the state board of education shall determine each school district that is an at-risk school district and that receives at least three hundred thousand dollars under division (B)(3) of section 3317.023 of the Revised Code and shall notify any such district of this determination and the requirements of division (B)(4) of section 3317.023 of the Revised Code.

Notwithstanding division (B)(4) of section 3317.023 of the Revised Code, in the school year in which a school district is initially identified as at-risk, in lieu of the expenditure required by that division, each district board shall expend at least one-eightieth of the amount designated under that division on preparation for the implementation of the programs required by that division for the following school year. Such preparation shall include submission of a report to the state board of education detailing the preparation and the actual plans for implementation of the specified programs and the provision of at least ten days of in-service training for teachers who will be participating in such programs. The preparation may include the purchase of materials and the hiring of consultants.

Sec. 3313.64. (A) As used in this section and in section 3313.65 of the Revised Code:

(1) "Parent" means either parent, unless the parents are separated or divorced or their marriage has been dissolved or annulled, in which case "parent" means the parent who is the residential parent and legal custodian of the child. When a child is in the legal custody of a government agency or a person other than the child's natural or adoptive parent, "parent" means the parent with residual parental rights, privileges, and responsibilities. When a child is in the permanent custody of a government agency or a person other than the child's natural or adoptive parent, "parent" means the parent who was divested of parental rights and responsibilities for the care of the child and the right to have the child live with the parent and be the legal custodian of the child and all residual parental rights, privileges, and responsibilities.

(2) "Legal custody," "permanent custody," and "residual parental rights, privileges, and responsibilities" have the same meanings as in section 2151.011 of the Revised Code.

(3) "School district" or "district" means a city, local, or exempted village school district and excludes any school operated in an institution maintained by the department of youth services.

(4) Except as used in division (C)(2) of this section, "home" means a home, institution, family foster home, group home, or other residential facility in this state that receives and cares for children, to which any of the following applies:

(a) The home is licensed, certified, or approved for such purpose by the state or is maintained by the department of youth services.

(b) The home is operated by a person who is licensed, certified, or approved by the state to operate the home for such purpose.

(c) The home accepted the child through a placement by a person licensed, certified, or approved to place a child in such a home by the state.

(d) The home is a children's home created under section 5153.21 or 5153.36 of the Revised Code.

(5) "Agency" means all of the following:

(a) A PUBLIC children services board or county department of human services that has assumed the administration of child welfare functions prescribed by Chapter 5153. of the Revised Code AGENCY;

(b) An organization that holds a certificate issued by the Ohio department of human services in accordance with the requirements of section 5103.03 of the Revised Code and assumes temporary or permanent custody of children through commitment, agreement, or surrender, and places children in family homes for the purpose of adoption;

(c) Comparable agencies of other states or countries that have complied with applicable requirements of section 2151.39, or sections 5103.20 to 5103.28 of the Revised Code.

(6) A child is placed for adoption if either of the following occurs:

(a) An agency to which the child has been permanently committed or surrendered enters into an agreement with a person pursuant to section 5103.06 of the Revised Code for the care and adoption of the child.

(b) The child's natural parent places the child pursuant to section 5103.16 of the Revised Code with a person who will care for and adopt the child.

(7) "Handicapped preschool child" means a handicapped child, as defined by division (A) of section 3323.01 of the Revised Code, who is at least three years of age but is not of compulsory school age, as defined in section 3321.01 of the Revised Code, and who has not entered kindergarten.

(8) "Child," unless otherwise indicated, includes handicapped preschool children.

(B) Except as otherwise provided in section 3321.01 of the Revised Code for admittance to kindergarten and first grade, a child who is at least five but under twenty-two years of age and any handicapped preschool child shall be admitted to school as provided in this division.

(1) A child shall be admitted to the schools of the school district in which the child's parent resides.

(2) A child who does not reside in the district where the child's parent resides shall be admitted to the schools of the district in which the child resides if any of the following applies:

(a) The child is in the legal or permanent custody of a government agency or a person other than the child's natural or adoptive parent.

(b) The child resides in a home.

(c) The child requires special education.

(3) A child who is not entitled under division (B)(2) of this section to be admitted to the schools of the district where the child resides and who is residing with a resident of this state with whom the child has been placed for adoption shall be admitted to the schools of the district where the child resides unless either of the following applies:

(a) The placement for adoption has been terminated.

(b) Another school district is required to admit the child under division (B)(1) of this section.

Division (B) of this section does not prohibit the board of education of a school district from placing a handicapped child who resides in the district in a special education program outside of the district or its schools in compliance with Chapter 3323. of the Revised Code.

(C) A district shall not charge tuition for children admitted under division (B)(1) or (3) of this section. If the district admits a child under division (B)(2) of this section, tuition shall be paid to the district that admits the child as follows:

(1) If the child receives special education in accordance with Chapter 3323. of the Revised Code, tuition shall be paid in accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code regardless of who has custody of the child or whether the child resides in a home.

(2) Except as otherwise provided in division (C)(2)(d) of this section, if the child is in the permanent or legal custody of a government agency or person other than the child's parent, tuition shall be paid by:

(a) The district in which the child's parent resided at the time the court removed the child from home or at the time the court vested legal or permanent custody of the child in the person or government agency, whichever occurred first; or

(b) If the parent's residence at the time the court removed the child from home or placed the child in the legal or permanent custody of the person or government agency is unknown, tuition shall be paid by the district in which the child resided at the time the child was removed from home or placed in legal or permanent custody, whichever occurred first; or

(c) If a school district cannot be established under division (C)(2)(a) or (b) of this section, tuition shall be paid by the district determined as required by section 2151.357 of the Revised Code by the court at the time it vests custody of the child in the person or government agency.

(d) If at the time the court removed the child from home or vested legal or permanent custody of the child in the person or government agency, whichever occurred first, one parent was in a residential or correctional facility or a juvenile residential placement and the other parent, if living and not in such a facility or placement, was not known to reside in this state, tuition shall be paid by the district determined under division (D) of section 3313.65 of the Revised Code as the district required to pay any tuition while the parent was in such facility or placement.

(3) If the child is not in the permanent or legal custody of a government agency or person other than the child's parent and the child resides in a home, tuition shall be paid by one of the following:

(a) The school district in which the child's parent resides;

(b) If the child's parent is not a resident of this state, the home in which the child resides.

(D) Tuition required to be paid under divisions (C)(2) and (3)(a) of this section shall be computed in accordance with section 3317.08 of the Revised Code. Tuition required to be paid under division (C)(3)(b) of this section shall be computed in accordance with section 3317.081 of the Revised Code. If a home fails to pay the tuition required by division (C)(3)(b) of this section, the board of education providing the education may recover in a civil action the tuition and the expenses incurred in prosecuting the action, including court costs and reasonable attorney's fees. If the prosecuting attorney or city director of law represents the board in such action, costs and reasonable attorney's fees awarded by the court, based upon the prosecuting attorney's, director's, or one of their designee's time spent preparing and presenting the case, shall be deposited in the county or city general fund.

(E) A board of education may enroll a child free of any tuition obligation for a period not to exceed sixty days, on the sworn statement of an adult resident of the district that the resident has initiated legal proceedings for custody of the child.

(F) In the case of any individual entitled to attend school under this division, no tuition shall be charged by the school district of attendance and no other school district shall be required to pay tuition for the individual's attendance. Notwithstanding division (B), (C), or (E) of this section:

(1) All persons at least eighteen but under twenty-two years of age who live apart from their parents, support themselves by their own labor, and have not successfully completed the high school curriculum or the individualized education program developed for the person by the high school pursuant to section 3323.08 of the Revised Code, are entitled to attend school in the district in which they reside.

(2) Any child under eighteen years of age who is married is entitled to attend school in the child's district of residence.

(3) A child is entitled to attend school in the district in which either of the child's parents is employed if the child has a medical condition that may require emergency medical attention. The parent of a child entitled to attend school under division (F)(3) of this section shall submit to the board of education of the district in which the parent is employed a statement from the child's physician certifying that the child's medical condition may require emergency medical attention. The statement shall be supported by such other evidence as the board may require.

(4) Any child residing with a person other than the child's parent is entitled, for a period not to exceed twelve months, to attend school in the district in which that person resides if the child's parent files an affidavit with the superintendent of the district in which the person with whom the child is living resides stating all of the following:

(a) That the parent is serving outside of the state in the armed services of the United States;

(b) That the parent intends to reside in the district upon returning to this state;

(c) The name and address of the person with whom the child is living while the parent is outside the state.

(5) Any child under the age of twenty-two who, after the death of a parent, resides in a school district other than the district in which the child attended school at the time of the parent's death is entitled to continue to attend school in the district in which the child attended school at the time of the parent's death for the remainder of the school year, subject to approval of that district board.

(6) A child under the age of twenty-two years who resides with a parent who is having a new house built in a school district outside the district where the parent is residing is entitled to attend school for a period of time in the district where the new house is being built. In order to be entitled to such attendance, the parent shall provide the district superintendent with the following:

(a) A sworn statement explaining the situation, revealing the location of the house being built, and stating the parent's intention to reside there upon its completion;

(b) A statement from the builder confirming that a new house is being built for the parent and that the house is at the location indicated in the parent's statement.

(7) A child under the age of twenty-two residing with a parent who has a contract to purchase a house in a school district outside the district where the parent is residing and who is waiting upon the date of closing of the mortgage loan for the purchase of such house is entitled to attend school for a period of time in the district where the house is being purchased. In order to be entitled to such attendance, the parent shall provide the district superintendent with the following:

(a) A sworn statement explaining the situation, revealing the location of the house being purchased, and stating the parent's intent to reside there;

(b) A statement from a real estate broker or bank officer confirming that the parent has a contract to purchase the house, that the parent is waiting upon the date of closing of the mortgage loan, and that the house is at the location indicated in the parent's statement.

The district superintendent shall establish a period of time not to exceed ninety days during which the child entitled to attend school under division (F)(6) or (7) of this section may attend without tuition obligation. A student attending a school under division (F)(6) or (7) of this section shall be eligible to participate in interscholastic athletics under the auspices of that school, provided the board of education of the school district where the student's parent resides, by a formal action, releases the student to participate in interscholastic athletics at the school where the student is attending, and provided the student receives any authorization required by a public agency or private organization of which the school district is a member exercising authority over interscholastic sports.

(8) A child whose parent is a full-time employee of a city, local, or exempted village school district may be admitted to the schools of the district where the child's parent is employed, provided the board of education establishes such an admission policy by resolution adopted by a majority of its members. Any such policy shall take effect on the first day of the school year and the effective date of any amendment or repeal may not be prior to the first day of the subsequent school year. The policy shall be uniformly applied to all such children and shall provide for the admission of any such child upon request of the parent. No child may be admitted under this policy after the first day of classes of any school year.

(9) A child who is with the child's parent under the care of a shelter for victims of domestic violence, as defined in section 3113.33 of the Revised Code, is entitled to attend school free in the district in which the child is with his parent, and no other school district shall be required to pay tuition for the child's attendance in that school district.

The enrollment of a child in a school district under this division shall not be denied due to a delay in the school district's receipt of any records required under section 3313.672 of the Revised Code or any other records required for enrollment. Any days of attendance and any credits earned by a child while enrolled in a school district under this division shall be transferred to and accepted by any school district in which the child subsequently enrolls. The state board of education shall adopt rules to ensure compliance with this division.

(10) Any child under the age of twenty-two whose parent has moved out of the school district after the commencement of classes in the child's senior year of high school is entitled, subject to the approval of that district board, to attend school in the district in which the child attended school at the time of the parental move for the remainder of the school year and for one additional semester or equivalent term. A district board may also adopt a policy specifying extenuating circumstances under which a student may continue to attend school under division (F)(10) of this section for an additional period of time in order to successfully complete the high school curriculum for the individualized education program developed for the student by the high school pursuant to section 3323.08 of the Revised Code.

(11) As used in this division, "grandparent" means a parent of a parent of a child. A child under the age of twenty-two years who is in the custody of the child's parent, resides with a grandparent, and does not require special education is entitled to attend the schools of the district in which the child's grandparent resides, provided that, prior to such attendance in any school year, the board of education of the school district in which the child's grandparent resides and the board of education of the school district in which the child's parent resides enter into a written agreement specifying that good cause exists for such attendance, describing the nature of this good cause, and consenting to such attendance.

In lieu of a consent form signed by a parent, a board of education may request the grandparent of a child attending school in the district in which the grandparent resides pursuant to division (F)(11) of this section to complete any consent form required by the district, including any authorization required by sections 3313.712 and 3313.713 of the Revised Code. Upon request, the grandparent shall complete any consent form required by the district. A school district shall not incur any liability solely because of its receipt of a consent form from a grandparent in lieu of a parent.

Division (F)(11) of this section does not create, and shall not be construed as creating, a new cause of action or substantive legal right against a school district, a member of a board of education, or an employee of a school district. This section does not affect, and shall not be construed as affecting, any immunities from defenses to tort liability created or recognized by Chapter 2744. of the Revised Code for a school district, member, or employee.

(12) A child under the age of twenty-two years is entitled to attend school in a school district other than the district in which the child is entitled to attend school under division (B), (C), or (E) of this section provided that, prior to such attendance in any school year, both of the following occur:

(a) The superintendent of the district in which the child is entitled to attend school under division (B), (C), or (E) of this section contacts the superintendent of another district for purposes of this division;

(b) The superintendents of both districts enter into a written agreement that consents to the attendance and specifies that the purpose of such attendance is to protect the student's physical or mental well-being or to deal with other extenuating circumstances deemed appropriate by the superintendents.

While an agreement is in effect under this division for a student who is not receiving special education under Chapter 3323. of the Revised Code and notwithstanding Chapter 3327. of the Revised Code, the board of education of neither school district involved in the agreement is required to provide transportation for the student to and from the school where the student attends.

A student attending a school of a district pursuant to this division shall be allowed to participate in all student activities, including interscholastic athletics, at the school where the student is attending on the same basis as any student who has always attended the schools of that district while of compulsory school age.

(G) A board of education, after approving admission, may waive tuition for students who will temporarily reside in the district and who are either of the following:

(1) Residents or domiciliaries of a foreign nation who request admission as foreign exchange students;

(2) Residents or domiciliaries of the United States but not of Ohio who request admission as participants in an exchange program operated by a student exchange organization.

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04, 3327.04, and 3327.06 of the Revised Code, a child may attend school or participate in a special education program in a school district other than in the district where the child is entitled to attend school under division (B) of this section.

(I) This division does not apply to a child receiving special education.

A school district required to pay tuition pursuant to division (C)(2) or (3) of this section or section 3313.65 of the Revised Code shall have an amount deducted under division (G) of section 3317.023 of the Revised Code equal to its own tuition rate for the same period of attendance. A school district entitled to receive tuition pursuant to division (C)(2) or (3) of this section or section 3313.65 of the Revised Code shall have an amount credited under division (G) of section 3317.023 of the Revised Code equal to its own tuition rate for the same period of attendance. If the tuition rate credited to the district of attendance exceeds the rate deducted from the district required to pay tuition, the department of education shall pay the district of attendance the difference from amounts deducted from all districts' payments under division (G) of section 3317.023 of the Revised Code but not credited to other school districts under such division and from appropriations made for such purpose. The treasurer of each school district shall, by the fifteenth day of January and July, furnish the superintendent of public instruction a report of the names of each child who attended the district's schools under divisions (C)(2) and (3) of this section or section 3313.65 of the Revised Code during the preceding six calendar months, the duration of the attendance of those children, the school district responsible for tuition on behalf of the child, and any other information that the superintendent requires.

Upon receipt of the report the superintendent, pursuant to division (G) of section 3317.023 of the Revised Code, shall deduct each district's tuition obligations under divisions (C)(2) and (3) of this section or section 3313.65 of the Revised Code and pay to the district of attendance that amount plus any amount required to be paid by the state.

(J) In the event of a disagreement, the superintendent of public instruction shall determine the school district in which the parent resides.

(K) Nothing in this section requires or authorizes, or shall be construed to require or authorize, the admission to a public school in this state of a pupil who has been permanently excluded from public school attendance by the superintendent of public instruction pursuant to sections 3301.121 and 3313.662 of the Revised Code.

Sec. 3313.714. (A) As used in this section:

(1) "Board of education" means the board of education of a city, local, exempted village, or joint vocational school district.

(2) "Healthcheck" means the early and periodic screening, diagnosis, and treatment program, a component of the medical assistance program established under Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 302, as amended, and Chapter 5111. of the Revised Code.

(3) "Pupil" means a person under age twenty-two enrolled in the schools of a city, local, exempted village, or joint vocational school district.

(4) "Parent" means either parent with the following exceptions:

(a) If one parent has custody by court order, "parent" means the parent with custody.

(b) If neither parent has legal custody, "parent" means the person or government entity with legal custody.

(c) The child's legal guardian or a person who has accepted responsibility for the health, safety, and welfare of the child.

(B) At the request of the state department of human services, a board of education shall establish and conduct a healthcheck program for pupils enrolled in the schools of the district who are recipients of medical assistance under Chapter 5111. of the Revised Code. At the request of a board of education, the state department may authorize the board to establish a healthcheck program. A board that establishes a healthcheck program shall enter into a medical assistance provider agreement with the state department.

A healthcheck program established by a board of education shall be conducted in accordance with rules adopted by the director of human services under division (F) of this section. The healthcheck program shall include all of the following components:

(1) A comprehensive health and development history;

(2) A comprehensive physical examination;

(3) A developmental assessment;

(4) A nutritional assessment;

(5) A vision assessment;

(6) A hearing assessment;

(7) An immunization assessment;

(8) Lead screening and laboratory tests ordered by a doctor of medicine or osteopathic medicine as part of one of the other components;

(9) Such other assessment as may be required by the state department of human services in accordance with the requirements of the healthcheck program.

All services included in a board of education's healthcheck program that the board provided under sections 3313.67, 3313.673, 3313.68, 3313.69, and 3313.71 of the Revised Code during the 1990-1991 school year shall continue to be provided to medical assistance recipients by the board pursuant to those sections. The services shall be considered part of the healthcheck program for recipients of medical assistance, and the board shall be eligible for reimbursement from the state department in accordance with this division for providing the services.

The state department shall reimburse boards of education for healthcheck program services provided under this division at the rates paid under the medical assistance program to physicians, dentists, nurses, and other providers of healthcheck services.

(C) Each board of education that conducts a healthcheck program shall determine for each pupil enrolled in the schools of the district whether the pupil is a medical assistance recipient. The state department of human services and, county departments of human services, AND PERSONS AND GOVERNMENT ENTITIES UNDER CONTRACT WITH THE STATE DEPARTMENT UNDER SECTION 5111.012 of the Revised Code shall assist the board in making these determinations. Except as necessary to carry out the purposes of this section, all information received by a board under this division shall be confidential.

Before the first day of October of each year, each board that conducts a healthcheck program shall send the parent of each pupil who is under age eighteen and a recipient of medical assistance notice that the pupil will be examined under the district's healthcheck program unless the parent notifies the board that he THE PARENT denies consent for the examination. The notice shall include a form to be used by the parent to indicate that he THE PARENT denies consent. The denial shall be effective only if the form is signed by the parent and returned to the board or the school in which the pupil is enrolled. If the parent does not return a signed form indicating denial of consent within two weeks after the date the notice is sent, the school district and the department of human services shall deem the parent to have consented to examination of his THE PARENT'S child under the healthcheck program. In the case of a pupil age eighteen or older, the notice shall be given to the pupil, and the school district and the department of human services shall deem the pupil to have consented to examination unless he THE PUPIL returns the signed form indicating his THE PUPIL'S denial of consent.

(D)(1) As used in this division:

(a) "Nonfederal share" means the portion of expenditures for services that is required under the medical assistance program to be paid for with state or local government funds.

(b) "Federal financial participation" means the portion of expenditures for services that is reimbursed under the medical assistance program with federal funds.

(2) At the request of a board of education, the state department may enter into an agreement with board under which the board provides medical services to a recipient of medical assistance that are reimbursable under the medical assistance program but not under the healthcheck program. The agreement may be for a term specified in the agreement and renewable by mutual consent of the board and the department, or may continue in force as long as agreeable to the board and the department.

The board shall use state or local funds of the district to pay the nonfederal share of expenditures for services provided under this division. Prior to entering into or renewing an agreement and at any other time requested by the state department while the agreement is in force, the board shall certify to the state department in accordance with the rules adopted under division (F) of this section that it will have sufficient state or local funds to pay the nonfederal share of expenditures under this division. If the board fails to make the certification, the state department shall not enter into or renew the agreement. If an agreement has been entered into, it shall be void unless the board makes the certification not later than fifteen days after receiving notice from the state department that the certification is due. The board shall report to the state department, in accordance with the rules, the amount of state or local funds it spends to provide services under this division.

The state department shall reimburse the board the federal financial participation allowed for the board's expenditures for services under this division. The total of the nonfederal share spent by the board and the federal financial participation reimbursed by the state department for a service rendered under this division shall be an amount agreed to by the board and the state department, but shall not exceed the maximum reimbursable for that service under rules adopted by the department under Chapter 5111. of the Revised Code. The rules adopted under division (F) of this section shall include procedures under which the department will recover from a board overpayments and subsequent federal audit disallowances of federal financial participation reimbursed by the department.

(E) A board of education shall provide services under division (D) of this section and under its healthcheck program as provided in division (E)(1), (2), or (3) of this section:

(1) By having the services performed by physicians, dentists, AND nurses, employed by the board;

(2) By contracting with physicians, dentists, nurses, and other providers of services who have medical assistance provider agreements with the state department of human services;

(3) By having some of the services performed by persons described in division (E)(1) of this section and others performed by persons described in division (E)(2) of this section.

(F) The director of human services shall adopt rules in accordance with Chapter 119. of the Revised Code governing healthcheck programs conducted under this section and services provided under division (D) of this section.

Sec. 3317.023. (A) Notwithstanding section 3317.022 of the Revised Code, the amounts required to be paid to a district under that section shall be adjusted by the amount of the computations made under divisions (B) to (L) of this section.

As used in this section:

(1) "Classroom teacher" means a licensed employee who provides direct instruction to pupils, excluding teachers funded from money paid to the district from federal sources; educational service personnel; and vocational and special education teachers.

(2) "Educational service personnel" shall not include such specialists funded from money paid to the district from federal sources or assigned full-time to vocational or special education students and classes and may only include those persons employed in the eight specialist areas in a pattern approved by the department of education under guidelines established by the state board of education.

(3) "Annual salary" means the annual base salary stated in the state minimum salary schedule for the performance of the teacher's regular teaching duties that the teacher earns for services rendered for the first full week of October of the fiscal year for which the adjustment is made under division (D) of this section. It shall not include any salary payments for supplemental teachers contracts.

(B)(1) As used in this division, "per cent figure" means a school district's three-year average number of ADC children RECEIVING OHIO WORKS FIRST (OWF) UNDER CHAPTER 5107. of the Revised Code divided by the district's three-year average of the average daily membership in grades one through twelve and one-half the kindergarten average daily membership, multiplied by one hundred.

If the three-year average of the number of children ages five to seventeen residing in the district and living in a family receiving aid to dependent children OHIO WORKS FIRST, as certified or adjusted under section 3317.10 of the Revised Code for the current and preceding two fiscal years, is equal to five per cent or more of the number of pupils in the three-year average of the average daily membership in grades one through twelve and one-half the kindergarten average daily membership, certified under section 3317.03 of the Revised Code for the current and preceding two fiscal years, add the amount computed for the district in accordance with the following schedule:

THREE-YEAR AVERAGE NUMBER OF
ADC OWF CHILDREN DIVIDED BY THREE-YEAR
AVERAGE OF THE AVERAGE DAILY MEMBERSHIP
IN GRADES ONE THROUGH TWELVE AND
ONE-HALF THE KINDERGARTEN AVERAGE	PAYMENT PER ADC OWF CHILD IN
DAILY MEMBERSHIP	THE THREE-YEAR AVERAGE

At least 5%, but less than 10%	$198.00 x number of ADC OWF children
At least 10%, but less than 20%	(($101.50 x per cent figure) minus $817.00) x number of ADC OWF children
At least 20%, but less than 30%	(($7.50 x per cent figure) plus $1,063.00) x number of ADC OWF children
At least 30%	$1,288.00 x number of ADC OWF children

(2) If in any year the sum of the additions made under this division is less than ninety-seven per cent of the amount appropriated for this division for that year, the department of education shall increase the amount added for each district under this division. The amount so added for each district shall equal (1) the difference between ninety-seven per cent of the amount appropriated and the total amount of the additions prior to such increase, times (2) the percentage that the amount added for the district prior to the increase was of the total of such amount added for all districts.

(3) Except as provided in division (B)(4) of this section, a district shall expend at least seventy per cent of any addition received under this division for any of the following:

(a) The purchase of technology for instructional purposes;

(b) All-day kindergarten;

(c) Reduction of class sizes;

(d) Summer school remediation or other remedial programs;

(e) Dropout prevention programs;

(f) Guaranteeing that all third graders are ready to progress to more advanced work;

(g) Summer education and work programs;

(h) Adolescent pregnancy programs;

(i) Head start or preschool programs;

(j) Reading improvement programs described by the department of education;

(k) Programs designed to ensure that schools are free of drugs and violence and have a disciplined environment conducive to learning;

(l) Furnishing free of charge materials used in courses of instruction, except for the necessary textbooks required to be furnished without charge pursuant to section 3329.06 of the Revised Code, to pupils living in families receiving aid to dependent children OHIO WORKS FIRST in accordance with section 3313.642 of the Revised Code;

(m) School breakfasts provided pursuant to section 3313.813 of the Revised Code.

(4) Except as provided in division (B) of section 3301.0719 of the Revised Code, each at-risk school district, as defined in division (A)(2) of section 3301.0719 of the Revised Code, that receives at least three hundred thousand dollars under divisions (B)(1) and (2) of this section shall expend at least one-tenth of the amount described in division (B)(3) of this section for either all-day kindergarten classes with a student teacher ratio of fifteen to one or for reduction of class sizes in grades kindergarten to four to a fifteen to one student teacher ratio, or both. Such districts shall also expend such funds to provide training for teachers participating in such programs on an ongoing basis, including at least six days of training each school year. Amounts expended for all-day kindergarten under this section shall only be expended to provide additional all-day kindergarten classes not in existence on July 26, 1991. Upon the request of a board of education, the state board of education may grant an exemption from the requirement of division (B)(4) of this section if the district board satisfies the state board that the district has insufficient physical facilities to implement this requirement.

(5) Each district shall maintain the portion required to be spent under division (B)(3) of this section in a separate district account. Each district shall submit to the department, in such format and at such time as the department shall specify, a report on the programs for which it expended funds under this division.

(C) If the district employs less than one full-time equivalent classroom teacher for each twenty-five pupils in ADM in any school district, deduct the sum of the amounts obtained from the following computations:

(1) Divide the number of the district's full-time equivalent classroom teachers employed by one twenty-fifth;

(2) Subtract the quotient in (1) from the district's ADM;

(3) Multiply the difference in (2) by seven hundred fifty-two dollars.

(D) If a positive amount, add one-half of the amount obtained by multiplying the number of full-time equivalent classroom teachers by:

(1) The mean annual salary of all full-time equivalent classroom teachers employed by the district at their respective training and experience levels minus;

(2) The mean annual salary of all such teachers at their respective levels in all school districts receiving payments under this section.

The number of full-time equivalent classroom teachers used in this computation shall not exceed one twenty-fifth of the district's ADM. In calculating the district's mean salary under this division, those full-time equivalent classroom teachers with the highest training level shall be counted first, those with the next highest training level second, and so on, in descending order. Within the respective training levels, teachers with the highest years of service shall be counted first, the next highest years of service second, and so on, in descending order.

(E) This division does not apply to a school district that has entered into an agreement under division (A) of section 3313.42 of the Revised Code. Deduct the amount obtained from the following computations if the district employs fewer than five full-time equivalent educational service personnel, including elementary school art, music, and physical education teachers, counselors, librarians, visiting teachers, school social workers, and school nurses for each one thousand pupils in ADM:

(1) Divide the number of full-time equivalent educational service personnel employed by the district by five one-thousandths;

(2) Subtract the quotient in (1) from the district's ADM;

(3) Multiply the difference in (2) by ninety-four dollars.

(F) If a local school district, or a city or exempted village school district to which a governing board of an educational service center provides services pursuant to section 3313.843 of the Revised Code, deduct the amount of the payment required for the reimbursement of the governing board under section 3317.11 of the Revised Code.

(G)(1) If the district is required to pay to or entitled to receive tuition from another school district under division (C)(2) or (3) of section 3313.64 or section 3313.65 of the Revised Code, or if the superintendent of public instruction is required to determine the correct amount of tuition and make a deduction or credit under section 3317.08 of the Revised Code, deduct and credit such amounts as provided in division (I) of section 3313.64 or section 3317.08 of the Revised Code.

(2) For each child for whom the district is responsible for tuition under division (A)(1) of section 3317.082 or under division (B)(1) of section 3323.091 of the Revised Code, deduct the amount of tuition for which the district is responsible.

(H) If the district has been certified by the superintendent of public instruction under section 3313.90 of the Revised Code as not in compliance with the requirements of that section, deduct an amount equal to ten per cent of the amount computed for the district under section 3317.022 of the Revised Code.

(I) If the amount computed by the department of education under division (I)(1) of this section is less than the amount computed under division (I)(2) of this section, add an amount equal to the result obtained by subtracting the amount computed under division (I)(1) from the amount computed under division (I)(2) of this section.

The department of education shall compute both of the following for each district:

(1) The sum of the amounts computed for the district under section 3317.022 and division (N) of section 3317.024 of the Revised Code for units approved under division (B) of section 3317.05 of the Revised Code.

(2) The amount the district would be entitled to receive under section 3317.022 of the Revised Code if the ADM used in the computation required by that section included the number of full-time equivalent pupils enrolled in the units for handicapped children approved under division (B) of section 3317.05 of the Revised Code that are used to make the computation required by division (N)(1)(a) of section 3317.024 of the Revised Code.

(J) If the district has received a loan from a commercial lending institution for which payments are made by the superintendent of public instruction pursuant to division (E)(3) of section 3313.483 of the Revised Code, deduct an amount equal to such payments.

(K)(1) If the district is a party to an agreement entered into under division (D), (E), or (F) of section 3311.06 or division (B) of section 3311.24 of the Revised Code and is obligated to make payments to another district under such an agreement, deduct an amount equal to such payments if the district school board notifies the department in writing that it wishes to have such payments deducted.

(2) If the district is entitled to receive payments from another district that has notified the department to deduct such payments under division (K)(1) of this section, add the amount of such payments.

(L) If the district is required to pay an amount of funds to a cooperative education district pursuant to a provision described by division (B)(4) of section 3311.52 or division (B)(8) of section 3311.521 of the Revised Code, deduct such amounts as provided under that provision and credit those amounts to the cooperative education district for payment to the district under division (B)(1) of section 3317.19 of the Revised Code.

Sec. 3317.10. (A)(1) On or before the first day of March of each year, the department of human services shall certify to the state board of education the number of children ages five through seventeen residing in each school district and living in a family that received aid to dependent children OHIO WORKS FIRST UNDER CHAPTER 5107. of the Revised Code during the preceding October according to the school district of residence for each child. Except as provided under division (B) of this section, the number of children so certified in any year shall be used by the department of education in the calculation of the distribution of moneys for the ensuing fiscal year provided in division (B) of section 3317.023 of the Revised Code.

(B) Upon the transfer of part of the territory of one school district to the territory of one or more other school districts, the department of education may adjust the number certified under division (A)(1) of this section for any district gaining or losing territory in such a transfer in order to take into account the effect of the transfer on the number of children ages five through seventeen who reside in the district and live in a family that receives aid to dependent children OHIO WORKS FIRST. Within sixty days of receipt of a request for information from the department of education, the department of human services shall provide any information the department of education determines is necessary to make such adjustments. The department of education may use the adjusted number for any district for the applicable fiscal year in lieu of the number certified for the district for that fiscal year under division (A)(1) of this section in the calculation of the distribution of moneys provided in division (B) of section 3317.023 and of the Revised Code.

Sec. 3701.503. As used in sections 3701.504 to 3701.507 of the Revised Code:

(A) "Parent" means either parent, unless the parents are separated or divorced or their marriage has been dissolved or annulled, in which case "parent" means the parent who is the residential parent and legal custodian.

(B) "Guardian" has the same meaning as in section 2111.01 of the Revised Code.

(C) "Custodian" means, except as used in division (A) of this section, a government agency or an individual, other than the parent or guardian, with legal or permanent custody of a child as defined in divisions (B)(8)(17) and (10)(27) of section 2151.011 of the Revised Code.

(D) "Address," in the case of an individual, means the individual's residence and, in the case of a government agency, means the office at which the records pertaining to a particular child are maintained.

(E) "Risk screening" means the identification of infants who are at risk of hearing impairment, through the use of a high-risk questionnaire developed by the department of health under division (A) of section 3701.504 of the Revised Code.

(F) "Hearing assessment" means the use of audiological procedures by or under the supervision of an audiologist licensed under section 4753.07 of the Revised Code, or by a neurologist or otolaryngologist, to identify infants who are at risk of hearing impairment.

Sec. 3727.17. Each hospital shall provide a staff person to do all of the following:

(A) Meet with each unmarried mother who gave birth in or en route to the hospital within twenty-four hours after the birth or before the mother is released from the hospital;

(B) Attempt to meet with the father of the unmarried mother's child if possible;

(C) Explain to the unmarried mother and the father, if he THE FATHER is present, the benefit to the child of establishing a parent and child relationship between the father and the child and the various proper procedures for establishing a parent and child relationship;

(D) Present to the unmarried mother and, if possible, the father, a pamphlet or statement regarding the rights and responsibilities of a natural parent prepared by the department of human services;

(E) Provide the unmarried mother, and if possible the father, all forms, statements, or agreements necessary to voluntarily establish a parent and child relationship, including the acknowledgment of paternity form prescribed under section 2105.18 of the Revised Code and the voluntary agreement to be bound by the results of genetic testing set forth in section 2301.373 or 3111.21 of the Revised Code;

(F) Upon both the mother's and father's request, help the mother and father complete any specific form, statement, or agreement necessary to establish a parent and child relationship;

(G) Present to an unmarried mother who is not a recipient of medicaid or aid to dependent children OHIO WORKS FIRST an application for Title IV-D services;

(H) Upon both the mother's and father's request, mail the voluntary acknowledgment of paternity to the probate court in the county in which the father, the mother, or the child resides.

Sec. 4115.04. Every public authority authorized to contract for or construct with its own forces a public improvement, before advertising for bids or undertaking such construction with its own forces, shall have the bureau of employment services determine the prevailing rates of wages of mechanics and laborers in accordance with section 4115.05 of the Revised Code for the class of work called for by the public improvement, in the locality where the work is to be performed. Such schedule of wages shall be attached to and made part of the specifications for the work, and shall be printed on the bidding blanks where the work is done by contract. A copy of the bidding blank shall be filed with the bureau before such contract is awarded. A minimum rate of wages for common laborers, on work coming under the jurisdiction of the department of transportation, shall be fixed in each county of the state by said department of transportation, in accordance with section 4115.05 of the Revised Code.

Sections 4115.03 to 4115.16 of the Revised Code do not apply to:

(A) Public improvements in any case where the federal government or any of its agencies furnishes by loan or grant all or any part of the funds used in constructing such improvements, provided the federal government or any of its agencies prescribes predetermined minimum wages to be paid to mechanics and laborers employed in the construction of such improvements;

(B) A participant of the subsidized employment program established under section 5101.82 of the Revised Code A WORK ACTIVITY or the AN ALTERNATIVE work experience program established ACTIVITY under section 5101.83 SECTIONS 5107.40 TO 5107.68 of the Revised Code when a public authority directly uses the labor of the participant to construct a public improvement.

Sec. 4117.01. As used in this chapter:

(A) "Person," in addition to those included in division (C) of section 1.59 of the Revised Code, includes employee organizations, public employees, and public employers.

(B) "Public employer" means the state or any political subdivision of the state located entirely within the state, including, without limitation, any municipal corporation with a population of at least five thousand according to the most recent federal decennial census; county; township with a population of at least five thousand in the unincorporated area of the township according to the most recent federal decennial census; school district; state institution of higher learning; public or special district; state agency, authority, commission, or board; or other branch of public employment.

(C) "Public employee" means any person holding a position by appointment or employment in the service of a public employer, including any person working pursuant to a contract between a public employer and a private employer and over whom the national labor relations board has declined jurisdiction on the basis that the involved employees are employees of a public employer, except:

(1) Persons holding elective office;

(2) Employees of the general assembly and employees of any other legislative body of the public employer whose principal duties are directly related to the legislative functions of the body;

(3) Employees on the staff of the governor or the chief executive of the public employer whose principal duties are directly related to the performance of the executive functions of the governor or the chief executive;

(4) Persons who are members of the organized militia, while on active duty;

(5) Employees of the state employment relations board;

(6) Confidential employees;

(7) Management level employees;

(8) Employees and officers of the courts, assistants to the attorney general, assistant prosecuting attorneys, and employees of the clerks of courts who perform a judicial function;

(9) Employees of a public official who act in a fiduciary capacity, appointed pursuant to section 124.11 of the Revised Code;

(10) Supervisors;

(11) Students whose primary purpose is educational training, including graduate assistants or associates, residents, interns, or other students working as part-time public employees less than fifty per cent of the normal year in the employee's bargaining unit;

(12) Employees of county boards of election;

(13) Seasonal and casual employees as determined by the state employment relations board;

(14) Part-time faculty members of an institution of higher education;

(15) Employees of the state personnel board of review;

(16) Employees of the board of directors of the Ohio low-level radioactive waste facility development authority created in section 3747.05 of the Revised Code.

(17) Participants of the subsidized employment program established under section 5101.82 5107.52 of the Revised Code or the work experience program established under section 5101.83 5107.54 of the Revised Code who perform a service for a public employer that the public employer needs but is not performed by an employee of the public employer.

(D) "Employee organization" means any labor or bona fide organization in which public employees participate and that exists for the purpose, in whole or in part, of dealing with public employers concerning grievances, labor disputes, wages, hours, terms, and other conditions of employment.

(E) "Exclusive representative" means the employee organization certified or recognized as an exclusive representative under section 4117.05 of the Revised Code.

(F) "Supervisor" means any individual who has authority, in the interest of the public employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other public employees; to responsibly direct them; to adjust their grievances; or to effectively recommend such action, if the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment, provided that:

(1) Employees of school districts who are department chairmen CHAIRPERSONS or consulting teachers shall not be deemed supervisors;

(2) With respect to members of a police or fire department, no person shall be deemed a supervisor except the chief of the department or those individuals who, in the absence of the chief, are authorized to exercise the authority and perform the duties of the chief of the department. Where prior to June 1, 1982, a public employer pursuant to a judicial decision, rendered in litigation to which the public employer was a party, has declined to engage in collective bargaining with members of a police or fire department on the basis that those members are supervisors, those members of a police or fire department do not have the rights specified in this chapter for the purposes of future collective bargaining. The state employment relations board shall decide all disputes concerning the application of division (F)(2) of this section.

(3) With respect to faculty members of a state institution of higher education, heads of departments or divisions are supervisors; however, no other faculty member or group of faculty members is a supervisor solely because the faculty member or group of faculty members participate in decisions with respect to courses, curriculum, personnel, or other matters of academic policy;

(4) No teacher as defined in section 3319.09 of the Revised Code shall be designated as a supervisor or a management level employee unless the teacher is employed under a contract governed by section 3319.01, 3319.011, or 3319.02 of the Revised Code and is assigned to a position for which a license deemed to be for administrators under state board rules is required pursuant to section 3319.22 of the Revised Code.

(G) "To bargain collectively" means to perform the mutual obligation of the public employer, by its representatives, and the representatives of its employees to negotiate in good faith at reasonable times and places with respect to wages, hours, terms, and other conditions of employment and the continuation, modification, or deletion of an existing provision of a collective bargaining agreement, with the intention of reaching an agreement, or to resolve questions arising under the agreement. "To bargain collectively" includes executing a written contract incorporating the terms of any agreement reached. The obligation to bargain collectively does not mean that either party is compelled to agree to a proposal nor does it require the making of a concession.

(H) "Strike" means continuous concerted action in failing to report to duty; willful absence from one's position; or stoppage of work in whole from the full, faithful, and proper performance of the duties of employment, for the purpose of inducing, influencing, or coercing a change in wages, hours, terms, and other conditions of employment. "Strike" does not include a stoppage of work by employees in good faith because of dangerous or unhealthful working conditions at the place of employment that are abnormal to the place of employment.

(I) "Unauthorized strike" includes, but is not limited to, concerted action during the term or extended term of a collective bargaining agreement or during the pendency of the settlement procedures set forth in section 4117.14 of the Revised Code in failing to report to duty; willful absence from one's position; stoppage of work; slowdown, or abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in wages, hours, terms, and other conditions of employment. "Unauthorized strike" includes any such action, absence, stoppage, slowdown, or abstinence when done partially or intermittently, whether during or after the expiration of the term or extended term of a collective bargaining agreement or during or after the pendency of the settlement procedures set forth in section 4117.14 of the Revised Code.

(J) "Professional employee" means any employee engaged in work that is predominantly intellectual, involving the consistent exercise of discretion and judgment in its performance and requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship; or an employee who has completed the courses of specialized intellectual instruction and is performing related work under the supervision of a professional person to become qualified as a professional employee.

(K) "Confidential employee" means any employee who works in the personnel offices of a public employer and deals with information to be used by the public employer in collective bargaining; or any employee who works in a close continuing relationship with public officers or representatives directly participating in collective bargaining on behalf of the employer.

(L) "Management level employee" means an individual who formulates policy on behalf of the public employer, who responsibly directs the implementation of policy, or who may reasonably be required on behalf of the public employer to assist in the preparation for the conduct of collective negotiations, administer collectively negotiated agreements, or have a major role in personnel administration. Assistant superintendents, principals, and assistant principals whose employment is governed by section 3319.02 of the Revised Code are management level employees. With respect to members of a faculty of a state institution of higher education, no person is a management level employee because of the person's involvement in the formulation or implementation of academic or institution policy.

(M) "Wages" means hourly rates of pay, salaries, or other forms of compensation for services rendered.

(N) "Member of a police department" means a person who is in the employ of a police department of a municipal corporation as a full-time regular police officer as the result of an appointment from a duly established civil service eligibility list or under section 737.15 or 737.16 of the Revised Code, a full-time deputy sheriff appointed under section 311.04 of the Revised Code, a township constable appointed under section 509.01 of the Revised Code, or a member of a township police district police department appointed under section 505.49 of the Revised Code.

(O) "Members of the state highway patrol" means highway patrol troopers and radio operators appointed under section 5503.01 of the Revised Code.

(P) "Member of a fire department" means a person who is in the employ of a fire department of a municipal corporation or a township as a fire cadet, full-time regular fire fighter, or promoted rank as the result of an appointment from a duly established civil service eligibility list or under section 505.38, 709.012, or 737.22 of the Revised Code.

(Q) "Day" means calendar day.

Sec. 4123.27. Information contained in the annual statement provided for in section 4123.26 of the Revised Code, and such other information as may be furnished to the bureau of workers' compensation by employers in pursuance of that section, is for the exclusive use and information of the bureau in the discharge of its official duties, and shall not be open to the public nor be used in any court in any action or proceeding pending therein unless the bureau is a party to the action or proceeding; but the information contained in the statement may be tabulated and published by the bureau in statistical form for the use and information of other state departments and the public. No person in the employ of the bureau, except those who are authorized by the administrator of workers' compensation, shall divulge any information secured by him THE PERSON while in the employ of the bureau in respect to the transactions, property, claim files, records, or papers of the bureau or in respect to the business or mechanical, chemical, or other industrial process of any company, firm, corporation, person, association, partnership, or public utility to any person other than the administrator or to the superior of such employee of the bureau.

Notwithstanding the restrictions imposed by this section, the governor, select or standing committees of the general assembly, the auditor of state, the attorney general, or their designees, pursuant to the authority granted in this chapter and Chapter 4121. of the Revised Code, may examine any records, claim files, or papers in possession of the industrial commission or the bureau. They also are bound by the privilege that attaches to these papers.

The administrator shall report to the director of human services or to the county director of human services the name, address, and social security number or other identification number of any person receiving workers' compensation whose name or social security number or other identification number is the same as that of a person required by a court or child support enforcement agency to provide support payments to a recipient of public assistance, and whose name is submitted to the administrator by the director under section 5101.36 of the Revised Code. The administrator also shall inform the director of the amount of workers' compensation paid to the person during such period as the director specifies.

Within fourteen days after receiving from the director of human services a list of the names and social security numbers of recipients of public assistance pursuant to section 5101.181 of the Revised Code, the administrator shall inform the auditor of state of the name, current or most recent address, and social security number of each person receiving workers' compensation pursuant to this chapter whose name and social security number are the same as that of a person whose name or social security number was submitted by the director. The administrator also shall inform the auditor of state of the amount of workers' compensation paid to the person during such period as the director specifies.

The bureau and its employees, except for purposes of furnishing the auditor of state with information required by this section, shall preserve the confidentiality of recipients of public assistance in compliance with division (A) of section 5101.181 of the Revised Code.

For the purposes of this section, "public assistance" means medical assistance provided through the medical assistance program established under section 5111.01 of the Revised Code, aid to dependent children OHIO WORKS FIRST provided under Chapter 5107. of the Revised Code, or disability assistance provided under Chapter 5115. of the Revised Code.

Sec. 4141.162. (A) The administrator of the bureau of employment services shall establish an income and eligibility verification system that complies with section 1137 of the "Social Security Act." The programs included in the system are:

(1) Unemployment compensation pursuant to section 3304 of the "Internal Revenue Code of 1954";

(2) Aid to families with dependent children OHIO WORKS FIRST pursuant to part A of Title IV of the "Social Security Act" CHAPTER 5107. of the Revised Code;

(3) Medicaid assistance pursuant to Title XIX of the "Social Security Act";

(4) Food stamps pursuant to the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2012 2011, as amended;

(5) Any Ohio program under a plan approved under Title I, X, XIV, or XVI of the "Social Security Act."

Wage information provided by employers to the bureau shall be furnished to the income and eligibility verification system. Such information shall be used by the bureau to determine eligibility of individuals for unemployment compensation benefits and the amount of those benefits and used by the agencies that administer the programs identified in divisions (A)(2) to (5) of this section to determine or verify eligibility for or the amount of benefits under those programs.

The bureau shall fully implement the use of wage information to determine eligibility for and the amount of unemployment compensation benefits by September 30, 1988.

Information furnished under the system shall also be made available to the appropriate state or local child support enforcement agency for the purposes of an approved plan under part D of Title IV IV-D of the "Social Security Act" and to the appropriate federal agency for the purposes of Titles II and XVI of the "Social Security Act."

(B) The administrator shall adopt rules as necessary under which the bureau of employment services, the department of human services, and other state agencies the administrator determines must participate in order to ensure compliance with section 1137 of the "Social Security Act" exchange information with each other or authorized federal agencies about individuals who are applicants for or recipients of benefits under any of the programs enumerated in division (A) of this section. The rules shall extend to:

(1) A requirement for standardized formats and procedures for a participating agency to request and receive information about an individual, which information shall include the individual's social security number;

(2) A requirement that all applicants for and recipients of benefits under any program enumerated in division (A) of this section be notified at the time of application, and periodically thereafter, that information available through the system may be shared with agencies that administer other benefit programs and utilized in establishing or verifying eligibility or benefit amounts under the other programs enumerated in division (A) of this section;

(3) A requirement that information is made available only to the extent necessary to assist in the valid administrative needs of the program receiving the information and is targeted for use in ways which are most likely to be productive in identifying and preventing ineligibility and incorrect payments;

(4) A requirement that information is adequately protected against unauthorized disclosures for purposes other than to establish or verify eligibility or benefit amounts under the programs enumerated in division (A) of this section;

(5) A requirement that a program providing information is reimbursed by the program using the information for the actual costs of furnishing the information and that the administrator be reimbursed by the participating programs for any actual costs incurred in operating the system;

(6) Requirements for any other matters necessary to ensure the effective, efficient, and timely exchange of necessary information or that the administrator determines must be addressed in order to ensure compliance with the requirements of section 1137 of the "Social Security Act."

(C) Each participating agency shall furnish to the income and eligibility verification system established in division (A) of this section that information, which the administrator, by rule, determines is necessary in order to comply with section 1137 of the "Social Security Act."

(D) Notwithstanding the information disclosure requirements of this section and sections 4141.16, 4141.161, 4141.21, and division (D)(4)(a) of section 4141.28 of the Revised Code, the administrator shall administer those provisions of law so as to comply with section 1137 of the "Social Security Act."

(E) Requirements in section 4141.21 of the Revised Code with respect to confidentiality of information obtained in the administration of Chapter 4141. of the Revised Code and any sanctions imposed for improper disclosure of such information shall apply to the redisclosure of information disclosed under this section.

Sec. 4141.163. The administrator of the bureau of employment services shall disclose wage information, as defined by the administrator, to a requesting agency only by agreement between the agency and the administrator. The administrator shall be paid by the requesting agency for the actual cost of providing the information.

As used in this section, "requesting agency" means a state agency, including the auditor of state, charged with the responsibility of enforcing any of the following:

(A) The aid to families of dependent children OHIO WORKS FIRST program under part A of Title IV of the "Social Security Act" CHAPTER 5107. of the Revised Code;

(B) The medical assistance program under Title XIX of the "Social Security Act";

(C) The food stamp program under the "Food Stamp Act of 1977";

(D) A program under a plan approved under Title I, X, XIV, or XVI of the "Social Security Act."

Information disclosed under this section shall be used only for the enforcement of the programs listed in divisions (A) to (D) of this section. Requirements with respect to the confidentiality of information obtained in the administration of Chapter 4141. of the Revised Code and any sanctions imposed for improper disclosure of information obtained therein shall apply to the redisclosure of information disclosed under this section.

Sec. 5101.02. The director of human services is the executive head of the department of human services. All duties conferred on the various OFFICES, divisions, BUREAUS, SECTIONS, and institutions of the department by law or by order of the director shall be performed under such rules as the director prescribes, and shall be under the director's control.

The director of human services may enter into agreements with county boards of commissioners, as provided in section 329.05 of the Revised Code, to create a single administrative unit within the county for the administration of the aid to dependent children and disability assistance programs.

Any such agreement entered into shall provide, either in specific terms or by prescribing a method for determining the amounts, for any payments to be made into the county treasury in consideration of the performance of the agreement, and may provide for the transfer to the board of county commissioners of any property, real or personal, used or useful in the performance of functions or the rendering of services under such agreement. Such transfer may limit the power of the board to dispose of such property, and may provide for its return, disposition, division, or distribution, in the event of the rescission or expiration of the agreement.

To the extent provided by such agreement the functions and duties of the department of human services shall be vested in the board of county commissioners.

Payments authorized by the agreement shall be made by the state not less than four times during each fiscal year on vouchers prepared by the department of human services and may include any funds appropriated or allocated to the department of human services for carrying out the duties and responsibilities which, under terms of the agreement, are transferred to the board of county commissioners, including, but not limited to, funds for personal service and maintenance.

Sec. 5101.06. The director of human services may establish OFFICES, divisions, BUREAUS, AND SECTIONS and prescribe their powers and duties.

Sec. 5101.07. Each OFFICE, division, BUREAU, AND SECTION authorized by section 5101.06 of the Revised Code shall consist of a chief and the officers and employees, including those in institutions, necessary for the performance of the functions assigned to it. The director of human services shall supervise the work of each OFFICE, division, BUREAU, AND SECTION and SHALL be responsible for the determination of general policies in the exercise of powers vested in the department and powers assigned to each OFFICE, division, BUREAU, AND SECTION. The chief of each OFFICE, division, BUREAU, AND SECTION shall be responsible to the director for the organization, direction, and supervision of the work of the OFFICE, division, BUREAU, OR SECTION and the exercise of the powers and the performance of the duties of the department assigned to such OFFICE, division, BUREAU, OR SECTION, and, with the approval of the director, may establish bureaus or other administrative units therein. The director shall appoint the chief of each OFFICE, division, BUREAU, AND SECTION, who, unless placed in the unclassified service under section 124.11 of the Revised Code, shall be in the classified service, and all other employees of the department. The chief of each OFFICE, division, BUREAU, AND SECTION shall be a person who has had special training and experience in the type of work with the performance of which the OFFICE, division, BUREAU, OR SECTION is charged. If the director certifies that any such position can best be filled under division (B) of section 124.30 of the Revised Code or without regard to residence of the appointee, the department of administrative services shall be governed by such certification. Each chief of a AN OFFICE, division, BUREAU, OR SECTION, under the director of human services, shall have entire executive charge of the OFFICE, division, BUREAU, OR SECTION for which he THE CHIEF is appointed.

All employees holding positions in the classified service within the department on June 30, 1966, shall continue to hold such positions and this section does not affect their civil service status.

Employees of any division that is abolished by Amended Substitute House Bill No. 376 of the 106th general assembly shall be transferred to a comparable position in another division of the department.

Sec. 5101.071. (A) Not later than ninety days after the effective date of this section, the director of human services shall develop and provide a training program to assist caseworkers in county departments of human services and county PUBLIC children services boards AGENCIES in understanding the dynamics of domestic violence and the relationship domestic violence has to child abuse. The program shall be coordinated with other department programs regarding family violence.

(B) Not later than ninety days after the effective date of this section, the director of human services shall adopt rules in accordance with section 111.15 of the Revised Code establishing policies for dealing with domestic violence and the victims of domestic violence. The rules shall include all of the following:

(1) A rule designating types and categories of employees of county departments of human services and employees of county PUBLIC children services boards AGENCIES to receive training in the handling of domestic violence cases and a policy for the training of the designated types and categories of employees in the handling of those cases.

(2) Guidelines directing how county departments of human services and county children services boards shall respond to identified domestic violence problems and to the needs of children directly or indirectly involved in situations involving domestic violence.

(C) Each county department of human services and each county PUBLIC children services board AGENCY shall require its employees to complete the training described in divisions (A) and (B) of this section in accordance with the rules adopted by the director of human services pursuant to division (B) of this section.

Sec. 5101.10. The director of human services may expend funds appropriated or available to the department of human services to match federal funds that are or may become available for the purposes of personnel THE ADMINISTRATION OF, AND training, education, and research in, human services, and the delivery of human services from public or private entities, including other governmental agencies; public or private institutions, organizations, agencies, and corporations; and individuals. For purposes of this section, the director may enter into contracts or agreements with public and private entities and make grants to public and private entities.

THE DEPARTMENT MAY ADOPT RULES IN ACCORDANCE WITH SECTION 111.15 of the Revised Code TO DEFINE TERMS AND ADOPT PROCEDURES AND OTHER PROVISIONS NECESSARY TO IMPLEMENT THIS SECTION.

Sec. 5101.14. (A) Within available funds, the department of human services shall make payments to the counties within thirty days after the beginning of each calendar quarter for a part of their costs for services to children performed pursuant to Chapter 5153. of the Revised Code. The

Funds provided to the county under this section shall be deposited in a special fund in the county treasury, known as the children services fund, and shall be used for no other purpose than to meet expenses of the children services program.

(B) THE funds distributed under this section shall be used to provide home-based services to children and families; to provide protective services to children; to find, develop, and approve adoptive homes; and to provide short-term, out-of-home care and treatment for children. No funds shall be used for the costs of maintaining a child in a children's home owned and operated by the county.

In each fiscal year, the amount of funds available for distribution under this section shall be allocated to counties as follows:

(1) If the amount is less than the amount initially appropriated for the immediately preceding fiscal year, each county shall receive an amount equal to the percentage of the funding it received in the immediately preceding fiscal year, exclusive of any releases from or additions to the allocation or any sanctions imposed under this section;

(2) If the amount is equal to the amount initially appropriated for the immediately preceding fiscal year, each county shall receive an amount equal to the amount it received in the preceding fiscal year, exclusive of any releases from or additions to the allocation or any sanctions imposed under this section;

(3) If the amount is greater than the amount initially appropriated for the immediately preceding fiscal year, each county shall receive the amount determined under division (A)(2) of this section as a base allocation, plus a percentage of the amount that exceeds the amount initially appropriated for the immediately preceding fiscal year. The amount exceeding the amount initially appropriated in the immediately preceding fiscal year shall be allocated to the counties as follows:

(a) Twelve per cent divided equally among all counties;

(b) Forty-eight per cent in the ratio that the number of residents of the county under the age of eighteen bears to the total number of such persons residing in this state;

(c) Forty per cent in the ratio that the number of residents of the county with incomes under the federal poverty line bears to the total number of such persons in this state.

As used in this division, "federal poverty guideline" means the poverty guideline as defined by the United States office of management and budget and revised by the United States secretary of health and human services in accordance with section 673 of the "Community Services Block Grant Act," 95 Stat. 511 (1981), 42 U.S.C.A. 9902, as amended.

(B)(C) The department may adopt rules as necessary for the allocation of funds under this section. The rules shall be adopted in accordance with section 111.15 of the Revised Code.

(C)(D)(1) As used in this division, "services to children" includes only children's protective services, home-based services to children and families, family foster home services, residential treatment services, adoptive services, and independent living services.

(2) Except as otherwise provided in this section, the allocation of funds for a fiscal year to a county under this section shall be reduced by the department if in the preceding calendar year the total amount expended for services to children from local funds and funds distributed to the county under section 5101.462 of the Revised Code was less than the total expended from those sources in the second preceding calendar year. The reduction shall be equal to the difference between the total expended in the preceding calendar year and the total expended in the second preceding calendar year.

The determination of whether the amount expended for services to children was less in the preceding calendar year than in the second preceding calendar year shall not include a difference due to any of the following factors to the extent that the difference does not exceed the amount attributable to that factor:

(a) An across-the-board reduction in the county budget as a whole;

(b) A reduced or failed levy specifically earmarked for children services;

(c) A reduced allocation of funds to the county under section 5101.462 of the Revised Code;

(d) The closure of, or a reduction in the operating capacity of, a children's home owned and operated by the county.

(3) Funds withheld under this division may be reallocated by the department to other counties. The department may grant whole or partial waivers of the provisions of this division.

(D)(E) No funds shall be paid to any county under this section until the director of human services has approved a plan for services to children submitted by the county department of human services or the county PUBLIC children services board AGENCY for the current calendar year. The department of human services shall adopt rules prescribing the general content of the county children services plan and the general content of the evaluation required by division (B)(16) of section 5153.16 of the Revised Code.

(E)(F) Children who are in the temporary or permanent custody of a certified public or private nonprofit agency or institution, or who are in adoptions subsidized under division (B) of section 5153.163 of the Revised Code are eligible for medical assistance through the medical assistance program established under section 5111.01 of the Revised Code.

(F)(G) Within ninety days after the end of each fiscal year, each county shall return any unspent funds to the department.

(G)(H) The department shall prepare an annual report detailing on a county-by-county basis the services provided with funds distributed under this section. The report shall be submitted to the general assembly by the thirtieth day of September each year and also shall be made available to the public.

(H)(I) In accordance with Chapter 119. of the Revised Code, the director shall adopt, and may amend and rescind, rules prescribing reports on expenditures to be submitted by the counties as necessary for the implementation of this section.

Sec. 5101.141. (A) The state department of human services shall act as the single state agency to administer federal payments for foster care and adoption assistance made pursuant to Title IV-E of the "Social Security Act," 94 Stat. 501, 42 U.S.C.A. 670 (1980), as amended, and shall adopt rules pursuant to Chapter 119. of the Revised Code to implement this authority. Title IV-E funds distributed by the state department to a county PUBLIC children services board or county department of human services that has assumed the administration of child welfare AGENCY shall be administered by the board or county department AGENCY in accordance with those rules.

(B)(1) The county shall, on behalf of each child eligible for foster care maintenance payments under Title IV-E of the "Social Security Act," make payments to cover the cost of providing all of the following:

(a) The child's food, clothing, shelter, daily supervision, and school supplies;

(b) The child's personal incidentals;

(c) Reasonable travel to the child's home for visitation.

(2) With respect to a child who is in a child-care institution, including any type of group home designed for the care of children or any privately operated program consisting of two or more family foster homes operated by a common administrative unit, the foster care maintenance payments made by the county on behalf of the child shall include the reasonable cost of the administration and operation of the institution, group home, or program, as necessary to provide the items described in division (B)(1) of this section.

(C) To the extent that either foster care maintenance payments under division (B) of this section or Title IV-E adoption assistance payments for maintenance costs require the expenditure of county funds, the board of county commissioners shall report the nature and amount of each expenditure of county funds to the state department of human services.

(D) The state department shall distribute to counties that incur and report such expenditures federal financial participation received for administrative and training costs incurred in the operation of foster care maintenance and adoption assistance programs. The department may withhold not more than two per cent of the federal financial participation received. The funds withheld shall be in addition to any administration and training cost for which the department is reimbursed through its own cost allocation plan.

(E) All federal funds received by a county pursuant to this section shall be deposited in the county's children services fund created pursuant to division (A) of section 5101.14 of the Revised Code and shall be used solely for services to children under Chapter 5153. of the Revised Code. This requirement is satisfied if, by clear audit trail, the county can demonstrate that those funds were properly used to reimburse the county general fund for children services expenditures made pursuant to Chapter 5153. of the Revised Code.

(F) The department of human services shall periodically publish and distribute the maximum amounts that the department will reimburse county PUBLIC children services boards and county departments of human services AGENCIES for making payments on behalf of children eligible for foster care maintenance payments.

Sec. 5101.15. Within available funds the department of human services may reimburse counties in accordance with this section for a portion of the salaries paid to child welfare workers employed under section 5153.12 of the Revised Code. No county with a population of eighty thousand or less, according to the latest census accepted by the department as official, shall be entitled to reimbursement on the salaries of more than two child welfare workers, and no county with a population of more than eighty thousand, according to such census, shall be entitled to reimbursement on the salaries of more than two child welfare workers plus one additional child welfare worker for each one hundred thousand of population in excess of eighty thousand.

The maximum reimbursement to which a county may be entitled on any child welfare worker shall be as follows:

(A) Twenty-seven hundred dollars a year for a child welfare worker who is a graduate of an accredited high school, college, or university;

(B) Thirty-three hundred dollars a year for a child welfare worker who has one year or more of graduate training in social work or a field which the department finds to be related to social work;

(C) Thirty-nine hundred dollars a year for a child welfare worker who has completed two years of social work training.

The salary of the executive director, designated in accordance with section 5153.10 of the Revised Code, shall be subject to reimbursement under this section, provided that the executive director qualifies under division (A), (B), or (C) of this section. No funds shall be allocated under this section until the director of human services has approved a plan of child welfare services for the county submitted by the county department of human services or county PUBLIC children services board AGENCY.

Sec. 5101.16. (A) As used in this section and section 5101.161 of the Revised Code:

(1) "Aid to dependent children" means the program established by Chapter 5107. of the Revised Code, excluding publicly funded child day-care provided to aid to dependent children recipients under Chapter 5104. of the Revised Code and transitional child day-care provided to former aid to dependent children recipients under section 5104.32 of the Revised Code.

(2) "Disability assistance" means financial and medical assistance provided under Chapter 5115. of the Revised Code.

(3)(2) "Food stamps" means the program established by the "Food Stamp Act of 1977," 92 Stat. 856, 7 U.S.C. 2026, as amended ADMINISTERED BY THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 5101.54 of the Revised Code.

(4)(3) "Medicaid" means the medical assistance program established by Chapter 5111. of the Revised Code, excluding transportation services provided under that chapter.

(5) "Public assistance expenditures" means expenditures for all of the following:

(a) Aid to dependent children;

(b) County administration of aid to dependent children;

(c) Disability assistance;

(d) County administration of disability assistance;

(e) County administration of food stamps;

(f) County administration of medicaid.

(4) "OHIO WORKS FIRST" MEANS THE PROGRAM ESTABLISHED BY CHAPTER 5107. of the Revised Code.

(B) Each BOARD OF county COMMISSIONERS shall pay the county share of public assistance expenditures as specified in this division. Payment of the county share shall be made as provided FOR DISABILITY ASSISTANCE, OHIO WORKS FIRST, AND COUNTY ADMINISTRATION OF DISABILITY ASSISTANCE, OHIO WORKS FIRST, FOOD STAMPS, AND MEDICAID in ACCORDANCE WITH section 5101.161 of the Revised Code.

(1). Except as provided in division (B)(2)(C) of this section for calendar year 1997 and each calendar year thereafter, a county's share of THOSE public assistance expenditures is the sum of ALL OF the county's shares determined under divisions (C), (D)(1), and (D)(2) of this section.

(2) A county's share of public assistance expenditures for a calendar year shall not exceed one hundred ten per cent of the county's share of public assistance expenditures for the immediately preceding calendar year. If a county's share determined under division (B)(1) of this section exceeds this limit, the department of human services shall reduce each of the county's shares determined under divisions (C), (D)(1), and (D)(2) of this section so that the total of those county shares equals one hundred ten per cent of the county's share of public assistance expenditures for the immediately preceding calendar year.

(C) For calendar FOLLOWING FOR STATE FISCAL year 1997 1998 and each calendar STATE FISCAL year thereafter, a county's share of expenditures for aid to dependent children and county administration of aid to dependent children, food stamps, and medicaid is an amount equal to ten per cent, or other percentage determined under division (E) of this section, of the amount of such expenditures that is chargeable to the county for the state fiscal year that ended in the previous calendar year less the amount of federal reimbursement credited to the county for such expenditures under division (F) of this section for the state fiscal year that ended the previous calendar year.

(D)(1) For calendar year 1997 and each calendar year thereafter, a county's share of expenditures for disability assistance is an amount equal to:

(1) THE AMOUNT THAT IS twenty-five per cent of the amount of such COUNTY'S TOTAL expenditures chargeable to the county for DISABILITY ASSISTANCE AND COUNTY ADMINISTRATION OF DISABILITY ASSISTANCE DURING the state fiscal year that ended ENDING in the previous calendar year THAT THE DEPARTMENT OF HUMAN SERVICES DETERMINES ARE ALLOWABLE.

(2) For calendar year 1997 and each calendar year thereafter, a county's share of expenditures for county administration of disability assistance is an THE amount equal to twenty-five THAT IS TEN per cent, OR OTHER PERCENTAGE DETERMINED UNDER DIVISION (D) OF THIS SECTION, of the COUNTY'S total amount the county, EXPENDITURES FOR COUNTY ADMINISTRATION OF FOOD STAMPS AND MEDICAID during the state fiscal year that ended ENDING in the previous calendar year, spent for such expenditures that the department determines are allowable administrative expenditures, LESS THE AMOUNT OF FEDERAL REIMBURSEMENT CREDITED TO THE COUNTY UNDER DIVISION (E) OF THIS SECTION FOR THE STATE FISCAL YEAR ENDING IN THE PREVIOUS CALENDAR YEAR;

(3)(a) EXCEPT AS PROVIDED IN DIVISION (B)(3)(b) OF THIS SECTION, THE ACTUAL AMOUNT, AS DETERMINED BY THE DEPARTMENT OF HUMAN SERVICES FROM EXPENDITURE REPORTS SUBMITTED TO THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, OF THE COUNTY SHARE OF PROGRAM AND ADMINISTRATIVE EXPENDITURES DURING FEDERAL FISCAL YEAR 1994 FOR ASSISTANCE AND SERVICES, OTHER THAN CHILD DAY-CARE, PROVIDED UNDER TITLES IV-A AND IV-F OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C. 301, AS THOSE TITLES EXISTED PRIOR TO THE ENACTMENT OF THE "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105.

(b) FOR STATE FISCAL YEARS 1998 AND 1999, EIGHTY PER CENT OF THE AMOUNT DETERMINED UNDER DIVISION (B)(3)(a) OF THIS SECTION.

(C)(1) IF A COUNTY'S SHARE OF PUBLIC ASSISTANCE EXPENDITURES DETERMINED UNDER DIVISIONS (B)(1) AND (2) OF THIS SECTION FOR A STATE FISCAL YEAR EXCEEDS ONE HUNDRED TEN PER CENT OF THE COUNTY'S SHARE FOR THOSE EXPENDITURES FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR, THE DEPARTMENT OF HUMAN SERVICES SHALL REDUCE THE COUNTY'S SHARE FOR THOSE EXPENDITURES SO THAT THE TOTAL OF THE COUNTY'S SHARE FOR THOSE EXPENDITURES EQUALS ONE HUNDRED TEN PER CENT OF THE COUNTY'S SHARE OF THOSE EXPENDITURES FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR.

(2) A COUNTY'S SHARE OF PUBLIC ASSISTANCE EXPENDITURES DETERMINED UNDER DIVISION (B) OF THIS SECTION MAY BE DECREASED PURSUANT TO AN INCENTIVE AWARD UNDER SECTION 5101.23 OR INCREASED PURSUANT TO A SANCTION UNDER SECTION 5101.24 OF THE REVISED CODE.

(E)(D)(1) If the per capita tax duplicate of a county is less than the per capita tax duplicate of the state as a whole and division (E)(D)(2) of this section does not apply to the county, the percentage to be used for the purpose of division (C)(B)(2) of this section is the product of ten multiplied by a fraction of which the numerator is the per capita tax duplicate of the county and the denominator is the per capita tax duplicate of the state as a whole. The department of human services shall compute the per capita tax duplicate for the state and for each county by dividing the tax duplicate for the most recent available year by the current estimate of population prepared by the department of development.

(2) If the percentage of families in a county with an annual income of less than three thousand dollars is greater than the percentage of such families in the state and division (E)(D)(1) of this section does not apply to the county, the percentage to be used for the purpose of division (C)(B)(2) of this section is the product of ten multiplied by a fraction of which the numerator is the percentage of families in the state with an annual income of less than three thousand dollars a year and the denominator is the percentage of such families in the county. The department of human services shall compute the percentage of families with an annual income of less than three thousand dollars for the state and for each county by multiplying the most recent estimate of such families published by the department of development, by a fraction, the numerator of which is the estimate of average annual personal income published by the bureau of economic analysis of the United States department of commerce for the year on which the census estimate is based and the denominator of which is the most recent such estimate published by the bureau.

(3) If divisions (E)(1) and (E)(2) of this section apply to the PER CAPITA TAX DUPLICATE OF A county IS LESS THAN THE PER CAPITA TAX DUPLICATE OF THE STATE AS A WHOLE AND THE PERCENTAGE OF FAMILIES IN THE COUNTY WITH AN ANNUAL INCOME OF LESS THAN THREE THOUSAND DOLLARS IS GREATER THAN THE PERCENTAGE OF SUCH FAMILIES IN THE STATE, the percentage to be used for the purpose of division (C)(B)(2) of this section shall be determined as follows:

(a) Multiply ten by the fraction determined under division (E)(D)(1) of this section;

(b) Multiply the product determined under division (E)(D)(3)(a) of this section by the fraction determined under division (E)(D)(2) of this section.

(4) The department of human services shall determine, for each county, the percentage to be used for the purpose of division (C)(B)(2) of this section not later than the first day of July of the year preceding the calendar STATE FISCAL year for which the percentage is used.

(F)(E) The department of human services shall credit to a county the amount of federal reimbursement the department receives from the United States department of health and human services for the county's total gross expenditures for aid to dependent children, less the amount of any canceled or voided warrants for aid to dependent children. The department shall credit to a county the amount of federal reimbursement the department receives from the United States department DEPARTMENTS of AGRICULTURE AND health and human services for the county's expenditures for administration of aid to dependent children, food stamps, and medicaid that the department determines are allowable administrative expenditures.

(G)(F) The department of human services may SHALL adopt INTERNAL MANAGEMENT rules in accordance with section 111.15 of the Revised Code to implement this section. If the department adopts such rules, the rules shall specify the ESTABLISH ALL OF THE FOLLOWING:

(1) THE method the department is to use to reduce CHANGE a county's shares SHARE OF PUBLIC ASSISTANCE EXPENDITURES determined under divisions (C), (D)(1), and (D)(2) DIVISION (B) of this section for the purpose of AS PROVIDED IN division (B)(2)(C) of this section;

(2) THE ALLOCATION METHODOLOGY AND FORMULA THE DEPARTMENT WILL USE TO DETERMINE THE AMOUNT OF FUNDS TO CREDIT TO A COUNTY UNDER THIS SECTION;

(3) THE METHOD THE DEPARTMENT WILL USE TO CHANGE THE PAYMENT OF THE COUNTY SHARE OF PUBLIC ASSISTANCE EXPENDITURES FROM A CALENDAR-YEAR BASIS TO A STATE FISCAL YEAR BASIS;

(4) OTHER PROCEDURES AND REQUIREMENTS NECESSARY TO IMPLEMENT THIS SECTION.

Sec. 5101.161. Prior AS USED IN THIS SECTION, "PUBLIC ASSISTANCE EXPENDITURES" MEANS EXPENDITURES FOR DISABILITY ASSISTANCE, OHIO WORKS FIRST, AND COUNTY ADMINISTRATION OF DISABILITY ASSISTANCE, OHIO WORKS FIRST, FOOD STAMPS, AND MEDICAID.

PRIOR to the sixteenth day of December MAY annually, the department of human services shall certify to the board of county commissioners of each county the amount estimated by the department to be needed in the following calendar STATE FISCAL year to meet the county share, as determined under division (B) of section 5101.16 of the Revised Code, of public assistance expenditures. At the beginning of the calendar STATE FISCAL year, the board of county commissioners shall appropriate the amount certified by the department for the current calendar STATE FISCAL year, reduced or increased by the amount of the adjusted balance or deficit in the public assistance fund at the end of the preceding calendar STATE FISCAL year as determined by department of human services THE DEPARTMENT'S rules. THE BOARD SHALL TRANSFER THE APPROPRIATED FUNDS TO THE PUBLIC ASSISTANCE FUND IN ACCORDANCE WITH A TIME SCHEDULE ESTABLISHED BY THE DEPARTMENT'S RULES. The attorney general shall bring mandamus proceedings IN THE FRANKLIN COUNTY COURT OF APPEALS against any board which fails to make such an appropriation and timely transfer to the public assistance fund as directed by department of human services rules.

The department of human services shall divide each calendar year into quarterly or more frequent payment periods for the purpose of paying counties the state and federal share of public assistance expenditures. Before the beginning of each payment period THE DEPARTMENT ESTABLISHES BY RULE, the department shall pay a county the estimated state and federal share of the county's public assistance expenditures for the payment period about to begin increased or decreased by the amount the department underpaid or overpaid the county for the most recent payment period for which it is known that THE DEPARTMENT KNOWS an underpayment or overpayment was made. IF THE DEPARTMENT MAKES PAYMENTS FOR OHIO WORKS FIRST AND MEDICAID PURSUANT TO SECTION 5107.01 of the Revised Code, IT SHALL DEDUCT FROM THE STATE AND FEDERAL SHARE PAID TO COUNTIES THE AMOUNT NECESSARY TO MAKE THE PAYMENTS, AND COUNTIES SHALL PAY THE COUNTY SHARE OF THOSE PAYMENTS TO THE DEPARTMENT.

If the department establishes a maximum amount that a county may spend for aid to dependent children or county administration of aid to dependent children, food stamps, or medicaid ON PUBLIC ASSISTANCE EXPENDITURES and a county spends more for such an expenditure than is allowed, the department shall not pay the county a state OR FEDERAL share for the amount of the expenditure that exceeds the maximum allowable amount. COUNTY EXPENDITURES THAT EXCEED THE MAXIMUM ALLOWABLE AMOUNT SHALL NOT BE CREDITED TO A COUNTY'S SHARE OF PUBLIC ASSISTANCE EXPENDITURES UNDER SECTION 5101.16 of the Revised Code. The department also shall not pay a county a state OR FEDERAL share for an administrative expenditure that is not allowed by the department.

A county shall deposit all funds appropriated by a board of county commissioners and received from the department of human services under this section in a special fund in the county treasury known as the public assistance fund. A county shall make payments for public assistance expenditures from the public assistance fund.

The department of human services may SHALL adopt INTERNAL MANAGEMENT rules in accordance with section 111.15 of the Revised Code to implement this section. If the department adopts such rules, the rules shall do all of the following:

(A) Establish the method by which the department is to make payments to counties under this section;

(B) Establish procedures for payment by counties of the county share of PUBLIC ASSISTANCE expenditures for disability assistance benefits;

(C) ESTABLISH THE METHOD BY WHICH THE DEPARTMENT WILL DETERMINE THE AMOUNT OF THE ADJUSTED BALANCE OR DEFICIT IN A COUNTY'S PUBLIC ASSISTANCE FUND AT THE END OF A STATE FISCAL YEAR;

(D) ESTABLISH THE TIME SCHEDULE FOR A BOARD OF COUNTY COMMISSIONERS TO TRANSFER FUNDS TO THE PUBLIC ASSISTANCE FUND;

(E) ESTABLISH PAYMENT PERIODS FOR PAYING A COUNTY ITS ESTIMATED STATE AND FEDERAL SHARE OF PUBLIC ASSISTANCE EXPENDITURES;

(F) Allow county departments of human services to use the public assistance fund for other purposes and programs similar to the purposes and programs specified in this section.

THE DEPARTMENT MAY ADOPT INTERNAL MANAGEMENT RULES IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE TO ESTABLISH A MAXIMUM AMOUNT THAT A COUNTY MAY SPEND ON PUBLIC ASSISTANCE EXPENDITURES.

Sec. 5101.18. (A) The director of human services shall determine what payments to any individual applying for or receiving aid under Chapter 5107. or 5115. of the Revised Code shall be regarded as income or resources. In making this determination, the director shall consider:

(1) The source of the payment;

(2) The amount of the payment;

(3) The purpose for which the payment was made;

(4) Whether regarding the payment as income would be in the public interest.

(B) The director also shall take into consideration whether treating the payment as income would be detrimental to any of the programs administered in whole or in part by the department of human services and whether such determination would jeopardize the receipt of any federal grant or payment by the state or any receipt of aid under Chapter 5107. of the Revised Code. The director shall establish such rules as are necessary for carrying out this section and shall revise such rules at such times as he finds it necessary.

Any recipient of aid ASSISTANCE UNDER THE OHIO WORKS COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED under Chapter 5107. of the Revised Code or RECIPIENT OF AID UNDER Title XVI of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, whose money payment is discontinued as the result of a general increase in old-age, survivors, and disability insurance benefits under such act, shall remain a recipient of aid for the purpose of receiving medical assistance through the medical assistance program established under section 5111.01 of the Revised Code.

Sec. 5101.181. (A) As used in this section and section 5101.182 of the Revised Code, "public assistance" includes, in addition to aid to dependent children OHIO WORKS FIRST, medicaid, and disability assistance, general assistance provided prior to the effective date of this amendment JULY 17, 1995, under former Chapter 5113. of the Revised Code.

(B) As part of the procedure for the determination of overpayment to a recipient of public assistance under Chapter 5107., 5111., or 5115. of the Revised Code, the director of human services shall furnish quarterly the name and social security number of each individual who receives public assistance to the director of administrative services, the administrator of the bureau of workers' compensation, and each of the state's retirement boards. Within fourteen days after receiving the name and social security number of an individual who receives public assistance, the director of administrative services, administrator, or board shall inform the auditor of state as to whether such individual is receiving wages or benefits, the amount of any wages or benefits being received, the social security number, and the address of the individual. The director of administrative services, administrator, boards, and any agent or employee of those officials and boards shall comply with the rules of the department of human services restricting the disclosure of information regarding recipients of public assistance. Any person who violates this provision shall thereafter be disqualified from acting as an agent or employee or in any other capacity under appointment or employment of any state board, commission, or agency.

(C) The auditor of state may enter into a reciprocal agreement with the director of human services or comparable officer of any other state for the exchange of names, current or most recent addresses, or social security numbers of persons receiving public assistance under part A of Title IV IV-A or under Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.

(D)(1) The auditor of state shall retain, for not less than two years, at least one copy of all information received under this section and sections 145.27, 742.41, 3307.21, 3309.22, 4123.27, 5101.182, and 5505.04 of the Revised Code. The auditor shall review the information to determine whether overpayments were made to recipients of public assistance under Chapters 5107., 5111., and 5115. of the Revised Code. The auditor of state shall initiate action leading to prosecution, where warranted, of recipients who received overpayments by forwarding the name of each recipient who received overpayment, together with other pertinent information, to the director of human services and the attorney general, to the district director of human services of the district through which public assistance was received, and to the county director of human services and county prosecutor of the county through which public assistance was received.

(2) The auditor of state and the attorney general or their designees may examine any records, whether in computer or printed format, in the possession of the director of human services or any county director of human services. They shall provide safeguards which restrict access to such records to purposes directly connected with an audit or investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of the programs and shall comply with the rules of the department of human services restricting the disclosure of information regarding recipients of public assistance. Any person who violates this provision shall thereafter be disqualified from acting as an agent or employee or in any other capacity under appointment or employment of any state board, commission, or agency.

(3) Costs incurred by the auditor of state in carrying out his THE AUDITOR OF STATE'S duties under this division shall be borne by the auditor of state.

Sec. 5101.183. (A) The department of human services, in accordance with section 111.15 of the Revised Code, may adopt rules under which county departments of human services or county PUBLIC children services boards AGENCIES shall take action to recover the cost of social services provided to any of the following:

(1) Persons who were not eligible for social services but who secured social services through fraud or misrepresentation;

(2) Persons who were eligible for social services but who intentionally diverted the services to other persons who were not eligible for the services.

(B) A county department of human services or county PUBLIC children services board AGENCY may bring a civil action against a recipient of social services to recover any costs described in division (A) of this section. In seeking to recover those costs, the department or board shall not terminate or reduce social services to any person who is entitled to them.

(C) A county department of human services or county PUBLIC children services board AGENCY shall retain any money it recovers under division (A) of this section and shall use the money for the provision of social services, except that, if federal law requires the state department of human services to return any portion of the money so recovered to the federal government, the county department or county board AGENCY shall pay that portion to the state department.

Sec. 5101.21. (A) AS USED IN SECTIONS 5101.21 TO 5101.25 of the Revised Code, "COUNTY SOCIAL SERVICE AGENCY" AND "SOCIAL SERVICE DUTY" HAVE THE SAME MEANINGS AS IN SECTION 307.98 of the Revised Code.

(B) THE DIRECTOR OF HUMAN SERVICES SHALL ENTER INTO A WRITTEN AGREEMENT WITH EACH BOARD OF COUNTY COMMISSIONERS REGARDING THE DUTIES OF THE COUNTY DEPARTMENT OF HUMAN SERVICES THAT THE DIRECTOR AND BOARD AGREE TO INCLUDE IN THE AGREEMENT. DUTIES ASSUMED PURSUANT TO AN AGREEMENT ENTERED INTO UNDER SECTION 329.05 of the Revised Code SHALL BE INCLUDED IN THE AGREEMENT ENTERED INTO UNDER THIS SECTION. THE DIRECTOR AND BOARD MAY INCLUDE IN THE AGREEMENT DUTIES OF CHILD SUPPORT ENFORCEMENT AGENCIES AND PUBLIC CHILDREN SERVICES AGENCIES THAT THE DIRECTOR AND BOARD AGREE TO INCLUDE IN THE AGREEMENT. SOCIAL SERVICE DUTIES THAT A COUNTY SOCIAL SERVICE AGENCY HAS UNDER THE AGREEMENT SHALL BE VESTED IN THE BOARD. AN AGREEMENT SHALL COMPLY WITH FEDERAL STATUTES AND REGULATIONS, THE REVISED CODE, AND, EXCEPT AS PROVIDED IN DIVISION (B)(9) OF THIS SECTION, STATE RULES GOVERNING THE PROGRAMS INCLUDED IN THE AGREEMENT.

AN AGREEMENT SHALL SPECIFY, AT A MINIMUM, ALL OF THE FOLLOWING:

(1) HOW THE SOCIAL SERVICE DUTIES ARE TO BE ADMINISTERED;

(2) EXPECTED OUTCOMES OF THE SOCIAL SERVICE DUTIES AND ADMINISTRATION OF THE DUTIES;

(3) TECHNICAL SUPPORT THE STATE DEPARTMENT OF HUMAN SERVICES WILL PROVIDE TO ASSIST IN THE ACHIEVEMENT OF THE EXPECTED OUTCOMES;

(4) PERFORMANCE STANDARDS FOR THE SOCIAL SERVICE DUTIES AND CRITERIA AND METHODOLOGY THE STATE DEPARTMENT WILL USE TO EVALUATE WHETHER THE PERFORMANCE STANDARDS ARE MET;

(5) ANNUAL FINANCIAL, ADMINISTRATIVE, OR OTHER INCENTIVE AWARDS, IF ANY, TO BE PROVIDED IN ACCORDANCE WITH SECTION 5101.22 of the Revised Code FOR EXCEEDING PERFORMANCE STANDARDS;

(6) THAT THE STATE DEPARTMENT MAY TAKE ACTION AGAINST A COUNTY SOCIAL SERVICE AGENCY PURSUANT TO DIVISION (A) OF SECTION 5101.24 of the Revised Code IF DIVISION (B)(1), (2), OR (3) OF THAT SECTION APPLIES TO THE AGENCY;

(7) HOW THE SOCIAL SERVICE DUTIES ARE TO BE FUNDED AND WHETHER THE STATE DEPARTMENT WILL PROVIDE FUNDING FOR TWO OR MORE OF A COUNTY DEPARTMENT OF HUMAN SERVICES' DUTIES PURSUANT TO A COMBINED FUNDING ALLOCATION UNDER DIVISION (C) OF THIS SECTION. THE AGREEMENT SHALL EITHER SPECIFY THE AMOUNT OF PAYMENTS TO BE MADE OR THE METHOD THAT WILL BE USED TO DETERMINE THE AMOUNT OF PAYMENTS.

(8) AUDITS THAT MUST BE CONDUCTED IN ACCORDANCE WITH FEDERAL STATUTES AND REGULATIONS, THE REVISED CODE, AND, UNLESS WAIVED UNDER DIVISION (B)(9) OF THIS SECTION, THE STATE DEPARTMENT'S RULES;

(9) WHICH, IF ANY, OF THE STATE DEPARTMENT'S RULES WILL BE WAIVED SO THAT A POLICY PROVIDED FOR IN THE AGREEMENT MAY BE IMPLEMENTED;

(10) HOW THE AGREEMENT MAY BE AMENDED OR TERMINATED;

(11) THE DATE THE AGREEMENT IS TO COMMENCE AND END. AN AGREEMENT MAY NOT COMMENCE BEFORE IT IS ENTERED INTO NOR END LATER THAN THE LAST DAY OF THE STATE FISCAL BIENNIUM FOR WHICH IT IS ENTERED INTO.

(C) THE STATE DEPARTMENT SHALL MAKE PAYMENTS AUTHORIZED BY AN AGREEMENT ENTERED INTO UNDER THIS SECTION ON VOUCHERS IT PREPARES AND MAY INCLUDE ANY FUNDS APPROPRIATED OR ALLOCATED TO IT FOR CARRYING OUT SOCIAL SERVICE DUTIES VESTED IN THE BOARD OF COUNTY COMMISSIONERS UNDER THE AGREEMENT, INCLUDING FUNDS FOR PERSONAL SERVICES AND MAINTENANCE.

TO THE EXTENT PRACTICABLE AND NOT IN CONFLICT WITH FEDERAL STATUTES OR REGULATIONS, THE REVISED CODE, OR AN APPROPRIATION MADE BY THE GENERAL ASSEMBLY, THE DEPARTMENT MAY ESTABLISH A CONSOLIDATED FUNDING ALLOCATION FOR TWO OR MORE OF A COUNTY DEPARTMENT OF HUMAN SERVICES' DUTIES INCLUDED IN THE AGREEMENT. A COUNTY DEPARTMENT OF HUMAN SERVICES OR GOVERNMENT ENTITY, CORPORATION, OR ASSOCIATION PERFORMING A COUNTY DEPARTMENT OF HUMAN SERVICES DUTY PURSUANT TO SECTION 307.851 OR DIVISION (D) OF SECTION 307.98 of the Revised Code SHALL USE FUNDS AVAILABLE IN A CONSOLIDATED FUNDING ALLOCATION ONLY FOR THE PURPOSE FOR WHICH THE FUNDS WERE APPROPRIATED.

(D) IF AUTHORIZED BY AN AGREEMENT ENTERED INTO UNDER THIS SECTION, A COUNTY DEPARTMENT OF HUMAN SERVICES OR GOVERNMENT ENTITY, CORPORATION, OR ASSOCIATION PERFORMING A COUNTY DEPARTMENT OF HUMAN SERVICES DUTY PURSUANT TO SECTION 307.851 OR DIVISION (D) OF SECTION 307.98 of the Revised Code THAT MEETS OR EXCEEDS A DUTY'S PERFORMANCE STANDARDS SPECIFIED IN THE AGREEMENT MAY RETAIN UNSPENT FUNDS THAT ARE APPROPRIATED FOR THE DUTY FOR THE FIRST FISCAL YEAR OF A STATE FISCAL BIENNIUM. THE COUNTY DEPARTMENT, GOVERNMENT ENTITY, CORPORATION, OR ASSOCIATION MAY RETAIN AND SPEND THE FUNDS ONLY DURING THE SECOND FISCAL YEAR OF THE SAME STATE FISCAL BIENNIUM AND ONLY FOR THE PURPOSE FOR WHICH THE FUNDS ARE APPROPRIATED. UNSPENT FUNDS APPROPRIATED FOR A STATE FISCAL BIENNIUM MAY NOT BE RETAINED AND SPENT IN A FUTURE STATE FISCAL BIENNIUM.

(E) THE DIRECTOR OF HUMAN SERVICES MAY ENTER INTO AGREEMENTS UNDER THIS SECTION WITH ONE OR MORE BOARDS OF COUNTY COMMISSIONERS AT A TIME BUT AN AGREEMENT MUST BE ENTERED INTO WITH EACH BOARD NOT LATER THAN JUNE 30, 2000. UNTIL AN AGREEMENT WITH A BOARD IS ENTERED INTO AND IMPLEMENTED, A COUNTY SOCIAL SERVICE AGENCY SERVING THE COUNTY THAT THE BOARD SERVES SHALL PERFORM ITS SOCIAL SERVICE DUTIES IN THE MANNER THEY ARE PERFORMED ON THE EFFECTIVE DATE OF THIS SECTION WITH THE EXCEPTION THAT A COUNTY SOCIAL SERVICES AGENCY MAY IMPLEMENT CHANGES AUTHORIZED BY FEDERAL STATUTES OR REGULATIONS, THE REVISED CODE, OR STATE DEPARTMENT RULES.

(F) THE STATE DEPARTMENT SHALL ESTABLISH ADMINISTRATIVE REVIEW PROCEDURES AND MAY ESTABLISH DISPUTE RESOLUTION PROCEDURES FOR AGREEMENTS ENTERED UNDER THIS SECTION. THE DEPARTMENT IS NOT SUBJECT TO CHAPTER 119. of the Revised Code WHEN MAKING DECISIONS OR ORDERS PURSUANT TO AN ADMINISTRATIVE REVIEW OR DISPUTE RESOLUTION. THE DEPARTMENT'S DECISION OR ORDER IN AN ADMINISTRATIVE REVIEW OR DISPUTE RESOLUTION IS FINAL AND ENFORCEABLE AND NOT SUBJECT TO JUDICIAL REVIEW.

Sec. 5101.211. THE DIRECTOR OF HUMAN SERVICES MAY ENTER INTO A WRITTEN AGREEMENT WITH ONE OR MORE STATE AGENCIES, AS DEFINED IN SECTION 117.01 of the Revised Code, TO ASSIST IN THE COORDINATION, PROVISION, OR ENHANCEMENT OF THE SOCIAL SERVICE DUTIES OF A COUNTY DEPARTMENT OF HUMAN SERVICES, CHILD SUPPORT ENFORCEMENT AGENCY, OR PUBLIC CHILDREN SERVICES AGENCY. THE TERMS OF AN AGREEMENT ENTERED UNDER THIS SECTION MAY BE INCORPORATED INTO AN AGREEMENT ENTERED INTO UNDER SECTION 5101.21 of the Revised Code.

Sec. 5101.22. THE DEPARTMENT OF HUMAN SERVICES MAY ESTABLISH PERFORMANCE STANDARDS FOR THE ADMINISTRATION OF SOCIAL SERVICE DUTIES AND DETERMINE AT INTERVALS THE DEPARTMENT DECIDES THE DEGREE TO WHICH A COUNTY SOCIAL SERVICE AGENCY COMPLIES WITH A PERFORMANCE STANDARD. THE DEPARTMENT MAY USE STATISTICAL SAMPLING, PERFORMANCE AUDITS, CASE REVIEWS, OR OTHER METHODS IT DETERMINES NECESSARY AND APPROPRIATE TO DETERMINE COMPLIANCE WITH PERFORMANCE STANDARDS.

Sec. 5101.23. SUBJECT TO THE AVAILABILITY OF FUNDS, THE DEPARTMENT OF HUMAN SERVICES MAY PROVIDE ANNUAL FINANCIAL, ADMINISTRATIVE, OR OTHER INCENTIVE AWARDS TO COUNTY SOCIAL SERVICE AGENCIES THAT EXCEED PERFORMANCE STANDARDS SPECIFIED IN AN AGREEMENT ENTERED INTO UNDER SECTION 5101.21 OR ESTABLISHED UNDER SECTION 5101.22 of the Revised Code. THE AMOUNT OF A FINANCIAL INCENTIVE AWARD SHALL BE BASED ON THE DEGREE TO WHICH A COUNTY SOCIAL SERVICE AGENCY EXCEEDS A PERFORMANCE STANDARD AND THE AMOUNT OF MONEY AVAILABLE IN THE SOCIAL SERVICES INCENTIVE FUND ESTABLISHED UNDER THIS SECTION. A COUNTY SOCIAL SERVICE AGENCY MAY SPEND FUNDS PROVIDED AS A FINANCIAL INCENTIVE AWARD ONLY FOR THE PURPOSE FOR WHICH THE FUNDS ARE APPROPRIATED.

THERE IS HEREBY CREATED IN THE STATE TREASURY THE SOCIAL SERVICES INCENTIVE FUND. THE DIRECTOR OF HUMAN SERVICES MAY REQUEST THAT THE DIRECTOR OF BUDGET AND MANAGEMENT TRANSFER FUNDS APPROPRIATED FOR SOCIAL SERVICE DUTIES INTO THE FUND. IF THE DIRECTOR OF BUDGET AND MANAGEMENT DETERMINES THAT THE FUNDS IDENTIFIED BY THE DIRECTOR OF HUMAN SERVICES ARE AVAILABLE AND APPROPRIATE FOR TRANSFER, THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL MAKE THE TRANSFER. MONEY IN THE FUND SHALL BE USED TO PROVIDE INCENTIVE AWARDS UNDER THIS SECTION.

Sec. 5101.24. (A) THE DEPARTMENT OF HUMAN SERVICES MAY TAKE ONE OR MORE OF THE FOLLOWING ACTIONS AGAINST A COUNTY SOCIAL SERVICE AGENCY IF DIVISION (B)(1), (2), OR (3) OF THIS SECTION APPLIES TO THE AGENCY:

(1) REQUIRE THE AGENCY TO SUBMIT TO AND COMPLY WITH A CORRECTIVE ACTION PLAN PURSUANT TO A TIME SCHEDULE SPECIFIED BY THE DEPARTMENT;

(2) IMPOSE A FINANCIAL OR ADMINISTRATIVE SANCTION AGAINST THE AGENCY, WHICH MAY INCLUDE REQUIRING THE AGENCY TO SHARE WITH THE DEPARTMENT A FINAL DISALLOWANCE OF FEDERAL FINANCIAL PARTICIPATION OR OTHER SANCTION OR PENALTY. A SANCTION SHALL BE INCREASED IF THE DEPARTMENT HAS PREVIOUSLY TAKEN ACTION AGAINST THE AGENCY UNDER THIS DIVISION.

(3) PERFORM A SOCIAL SERVICE DUTY FOR THE AGENCY UNTIL THE DEPARTMENT IS SATISFIED THAT THE AGENCY WILL PERFORM THE DUTY SATISFACTORILY. IF THE DEPARTMENT ADMINISTERS A SOCIAL SERVICE DUTY UNDER DIVISION (A)(3) OF THIS SECTION, THE DEPARTMENT MAY SPEND FUNDS IN THE COUNTY TREASURY APPROPRIATED FOR THE DUTY.

(4) REQUEST THAT THE ATTORNEY GENERAL BRING MANDAMUS PROCEEDINGS TO COMPEL THE AGENCY TO TAKE OR CEASE THE ACTION THAT CAUSES DIVISION (B)(1), (2), OR (3) OF THIS SECTION TO APPLY TO THE AGENCY. THE ATTORNEY GENERAL SHALL BRING MANDAMUS PROCEEDINGS IN THE FRANKLIN COUNTY COURT OF APPEALS AT THE DEPARTMENT'S REQUEST.

(B) THE DEPARTMENT MAY TAKE ACTION AGAINST A COUNTY SOCIAL SERVICE AGENCY UNDER DIVISION (A) OF THIS SECTION IF ANY OF THE FOLLOWING APPLY TO THE AGENCY AS REGARDS A SOCIAL SERVICE DUTY:

(1) THE AGENCY FAILS TO MEET A PERFORMANCE STANDARD SPECIFIED IN AN AGREEMENT ENTERED INTO UNDER SECTION 5101.21 OR ESTABLISHED UNDER SECTION 5101.22 of the Revised Code;

(2) THE AGENCY FAILS TO COMPLY WITH A REQUIREMENT ESTABLISHED BY FEDERAL STATUTE OR REGULATIONS, THE REVISED CODE, OR A DEPARTMENT RULE;

(3) THE AGENCY IS SOLELY OR PARTIALLY RESPONSIBLE FOR, OR CONTRIBUTES TO, AN ADVERSE AUDIT OR QUALITY CONTROL FINDING, FINAL DISALLOWANCE OF FEDERAL FINANCIAL PARTICIPATION, OR OTHER SANCTION OR PENALTY.

(C) IF THE DEPARTMENT DECIDES TO TAKE ACTION AGAINST A COUNTY SOCIAL SERVICE AGENCY UNDER DIVISION (A) OF THIS SECTION, THE DEPARTMENT SHALL NOTIFY THE AGENCY, BOARD OF COUNTY COMMISSIONERS, AND COUNTY AUDITOR IN WRITING. A CASE REVIEWER EMPLOYED OR UNDER CONTRACT WITH THE DEPARTMENT SHALL CONDUCT AN ADMINISTRATIVE REVIEW BEFORE THE DEPARTMENT TAKES ACTION IF THE COUNTY SOCIAL SERVICE AGENCY, NOT LATER THAN FORTY-FIVE DAYS AFTER RECEIVING THE NOTICE, REQUESTS THE REVIEW. IF THE DEPARTMENT AND AGENCY AGREE, A DISPUTE RESOLUTION PROCEDURE MAY SERVE AS THE REVIEW. THE CASE REVIEWER SHALL CONDUCT THE REVIEW IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 5101.25 of the Revised Code. IF THE AGENCY DISPUTES THE CASE REVIEWER'S FINDINGS, IT MAY PROVIDE ITS OBJECTIONS TO THE CASE REVIEWER NOT LATER THAN THIRTY DAYS AFTER THE CASE REVIEWER ISSUES THE FINDINGS. THE CASE REVIEWER SHALL SUBMIT THE FINDINGS, THE AGENCY'S OBJECTIONS, AND THE CASE REVIEWER'S RESPONSE TO THE OBJECTIONS TO THE DIRECTOR OF HUMAN SERVICES IN THE FORM OF A FINAL CASE REVIEW REPORT. THE DIRECTOR, OR A DESIGNEE, SHALL EXAMINE THE FINAL CASE REVIEW REPORT AND DETERMINE WHETHER THE DEPARTMENT SHOULD TAKE ACTION AGAINST THE AGENCY. THE DIRECTOR'S OR DESIGNEE'S DETERMINATION IS FINAL AND NOT SUBJECT TO JUDICIAL REVIEW. IF A FINANCIAL SANCTION IS IMPOSED, THE AGENCY SHALL PROMPTLY PAY IT.

(D) THE DETERMINATION OF WHETHER TO TAKE ACTION AGAINST A COUNTY SOCIAL SERVICE AGENCY, AN ADMINISTRATIVE REVIEW, AND A DETERMINATION MADE BY THE DIRECTOR OF HUMAN SERVICES OR A DESIGNEE UNDER THIS SECTION ARE NOT SUBJECT TO CHAPTER 119. of the Revised Code.

Sec. 5101.25. THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. of the Revised Code TO IMPLEMENT SECTIONS 5101.21 TO 5101.24 of the Revised Code, INCLUDING THE FOLLOWING:

(A) RULES ESTABLISHING REQUIREMENTS, TERMS, AND CONDITIONS OF AGREEMENTS ENTERED INTO UNDER SECTION 5101.21 of the Revised Code. THE RULES MAY NOT PROVIDE FOR AGREEMENTS TO VIOLATE FEDERAL STATUTES OR REGULATIONS OR THE REVISED CODE.

(B) RULES GOVERNING ADMINISTRATIVE REVIEWS CONDUCTED UNDER SECTION 5101.24 of the Revised Code.

Sec. 5101.26. AS USED IN SECTIONS 5101.26 TO 5101.30 of the Revised Code:

(A) "COUNTY AGENCY" MEANS A COUNTY DEPARTMENT OF HUMAN SERVICES OR A PUBLIC CHILDREN SERVICES AGENCY.

(B) "FUGITIVE FELON" MEANS AN INDIVIDUAL WHO IS FLEEING TO AVOID PROSECUTION, OR CUSTODY OR CONFINEMENT AFTER CONVICTION, UNDER THE LAWS OF THE PLACE FROM WHICH THE INDIVIDUAL IS FLEEING, FOR A CRIME OR AN ATTEMPT TO COMMIT A CRIME THAT IS A FELONY UNDER THE LAWS OF THE PLACE FROM WHICH THE INDIVIDUAL IS FLEEING OR, IN THE CASE OF NEW JERSEY, A HIGH MISDEMEANOR, REGARDLESS OF WHETHER THE INDIVIDUAL HAS DEPARTED FROM THE INDIVIDUAL'S USUAL PLACE OF RESIDENCE.

(C) "INFORMATION" MEANS RECORDS AS DEFINED IN SECTION 149.011 of the Revised Code, ANY OTHER DOCUMENTS IN ANY FORMAT, AND DATA DERIVED FROM RECORDS AND DOCUMENTS THAT ARE GENERATED, ACQUIRED, OR MAINTAINED BY THE STATE DEPARTMENT OF HUMAN SERVICES, A COUNTY AGENCY, OR AN ENTITY PERFORMING DUTIES ON BEHALF OF THE STATE DEPARTMENT OR A COUNTY AGENCY.

(D) "LAW ENFORCEMENT AGENCY" MEANS THE STATE HIGHWAY PATROL, AN AGENCY THAT EMPLOYS PEACE OFFICERS AS DEFINED IN SECTION 109.71 of the Revised Code, THE ATTORNEY GENERAL, SIMILAR AGENCIES OF OTHER STATES, FEDERAL LAW ENFORCEMENT AGENCIES, AND POSTAL INSPECTORS. "LAW ENFORCEMENT AGENCY" INCLUDES THE PEACE OFFICERS AND OTHER LAW ENFORCEMENT OFFICERS EMPLOYED BY THE AGENCY.

(E) "PUBLIC ASSISTANCE" MEANS FINANCIAL ASSISTANCE, MEDICAL ASSISTANCE, OR SOCIAL SERVICES PROVIDED UNDER A PROGRAM ADMINISTERED BY THE STATE DEPARTMENT OR A COUNTY AGENCY PURSUANT TO CHAPTER 329., 5101., 5104., 5107., 5111., OR 5115. of the Revised Code. "PUBLIC ASSISTANCE" DOES NOT INCLUDE CHILD SUPPORT ENFORCEMENT SERVICES OR CHILD PROTECTIVE SERVICES.

(F) "PUBLIC ASSISTANCE RECIPIENT" MEANS AN APPLICANT FOR OR RECIPIENT OR FORMER RECIPIENT OF PUBLIC ASSISTANCE.

Sec. 5101.27. (A) EXCEPT AS PERMITTED BY THIS SECTION, SECTION 5101.28 OR 5101.29 of the Revised Code, OR THE RULES ADOPTED UNDER DIVISION (A) OF SECTION 5101.30 of the Revised Code, OR REQUIRED BY FEDERAL LAW, NO PERSON OR GOVERNMENT ENTITY SHALL SOLICIT, DISCLOSE, RECEIVE, USE, OR KNOWINGLY PERMIT, OR PARTICIPATE IN THE USE OF ANY INFORMATION REGARDING A PUBLIC ASSISTANCE RECIPIENT FOR ANY PURPOSE NOT DIRECTLY CONNECTED WITH THE ADMINISTRATION OF A PUBLIC ASSISTANCE PROGRAM.

(B)(1) TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE DEPARTMENT OF HUMAN SERVICES AND COUNTY AGENCIES SHALL RELEASE INFORMATION REGARDING A PUBLIC ASSISTANCE RECIPIENT FOR PURPOSES DIRECTLY CONNECTED TO THE ADMINISTRATION OF THE PROGRAM TO A GOVERNMENT ENTITY RESPONSIBLE FOR ADMINISTERING A PUBLIC ASSISTANCE PROGRAM OR ANY OTHER STATE, FEDERAL, OR FEDERALLY ASSISTED PROGRAM THAT PROVIDES CASH OR IN-KIND ASSISTANCE OR SERVICES DIRECTLY TO INDIVIDUALS BASED ON NEED OR FOR THE PURPOSE OF PROTECTING CHILDREN TO A GOVERNMENT ENTITY RESPONSIBLE FOR ADMINISTERING A CHILDREN'S PROTECTIVE SERVICES PROGRAM.

(2) TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE DEPARTMENT AND COUNTY AGENCIES SHALL PROVIDE INFORMATION REGARDING A PUBLIC ASSISTANCE RECIPIENT TO A LAW ENFORCEMENT AGENCY FOR THE PURPOSE OF ANY INVESTIGATION, PROSECUTION, OR CRIMINAL OR CIVIL PROCEEDING RELATING TO THE ADMINISTRATION OF A PUBLIC ASSISTANCE PROGRAM.

(C) TO THE EXTENT PERMITTED BY FEDERAL LAW AND SECTION 1347.08 of the Revised Code, THE STATE DEPARTMENT AND COUNTY AGENCIES SHALL PROVIDE ACCESS TO INFORMATION REGARDING A PUBLIC ASSISTANCE RECIPIENT TO ALL OF THE FOLLOWING:

(1) THE RECIPIENT;

(2) THE AUTHORIZED REPRESENTATIVE, AS DEFINED IN RULES ADOPTED UNDER SECTION 5101.30 of the Revised Code, OF THE RECIPIENT;

(3) THE PARENT OR GUARDIAN OF THE RECIPIENT;

(4) THE ATTORNEY OF THE RECIPIENT, IF THE ATTORNEY HAS WRITTEN AUTHORIZATION FROM THE RECIPIENT.

(D) TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE DEPARTMENT AND COUNTY AGENCIES MAY RELEASE INFORMATION ABOUT A PUBLIC ASSISTANCE RECIPIENT IF THE RECIPIENT GIVES VOLUNTARY, WRITTEN CONSENT THAT SPECIFICALLY IDENTIFIES THE PERSONS OR GOVERNMENT ENTITIES TO WHICH THE INFORMATION MAY BE RELEASED.

THE STATE DEPARTMENT OR COUNTY AGENCY SHALL RELEASE THE INFORMATION ONLY TO THE PERSONS OR GOVERNMENT ENTITIES SPECIFIED IN THE DOCUMENT EVIDENCING CONSENT. CONSENT MAY BE TIME-LIMITED OR ONGOING, AT THE DISCRETION OF THE INDIVIDUAL GIVING IT, AND MAY BE RESCINDED AT ANY TIME; HOWEVER, AN INDIVIDUAL CANNOT RESCIND CONSENT RETROACTIVELY. THE DOCUMENT EVIDENCING CONSENT MUST STATE THAT CONSENT MAY BE RESCINDED.

THE STATE DEPARTMENT OR A COUNTY AGENCY MAY RELEASE INFORMATION UNDER THIS DIVISION CONCERNING A RECEIPT OF MEDICAL ASSISTANCE UNDER CHAPTER 5111. of the Revised Code ONLY IF BOTH OF THE FOLLOWING ARE THE CASE:

(1) THE RELEASE OF INFORMATION IS FOR PURPOSES DIRECTLY CONNECTED TO THE ADMINISTRATION OF PROGRAMS CREATED UNDER CHAPTER 5111. of the Revised Code OR SERVICES PROVIDED UNDER PROGRAMS CREATED UNDER THAT CHAPTER;

(2) THE INFORMATION IS RELEASED TO PERSONS OR GOVERNMENT ENTITIES THAT ARE SUBJECT TO STANDARDS OF CONFIDENTIALITY AND SAFEGUARDING INFORMATION SUBSTANTIALLY COMPARABLE TO THOSE ESTABLISHED FOR PROGRAMS CREATED UNDER CHAPTER 5111. of the Revised Code.

Sec. 5101.28. (A) THE STATE DEPARTMENT OF HUMAN SERVICES MAY ENTER INTO AGREEMENTS WITH LAW ENFORCEMENT AGENCIES TO OBTAIN INFORMATION REGARDING PUBLIC ASSISTANCE RECIPIENTS TO ENABLE THE STATE DEPARTMENT, COUNTY AGENCIES, AND LAW ENFORCEMENT AGENCIES TO DETERMINE WHETHER A RECIPIENT IS A FUGITIVE FELON OR VIOLATING A CONDITION OF PROBATION, A COMMUNITY CONTROL SANCTION, PAROLE, OR A POST-RELEASE CONTROL SANCTION IMPOSED UNDER STATE OR FEDERAL LAW.

(B) THE STATE DEPARTMENT OR A COUNTY AGENCY SHALL PROVIDE THE CURRENT ADDRESS OF A RECIPIENT OF ASSISTANCE UNDER A PROGRAM ADMINISTERED PURSUANT TO CHAPTER 5107. OR 5115. of the Revised Code TO A LAW ENFORCEMENT AGENCY ON REQUEST FOR ANY OF THE FOLLOWING PURPOSES:

(1) TO ASSIST THE LAW ENFORCEMENT AGENCY IN LOCATING A FUGITIVE FELON;

(2) TO ASSIST THE LAW ENFORCEMENT AGENCY IN LOCATING AN INDIVIDUAL WHO IS VIOLATING A CONDITION OF PROBATION, A COMMUNITY CONTROL SANCTION, PAROLE, OR A POST-RELEASE CONTROL SANCTION IMPOSED UNDER STATE OR FEDERAL LAW;

(3) INVESTIGATIONS, PROSECUTIONS, AND CRIMINAL AND CIVIL PROCEEDINGS THAT ARE WITHIN THE SCOPE OF THE LAW ENFORCEMENT AGENCY'S OFFICIAL DUTIES.

(C) TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE DEPARTMENT AND COUNTY AGENCIES SHALL PROVIDE THE CURRENT ADDRESS, SOCIAL SECURITY NUMBER, AND PHOTOGRAPH, IF AVAILABLE, OF A RECIPIENT OF ASSISTANCE ADMINISTERED PURSUANT TO SECTION 5101.54 of the Revised Code TO A LAW ENFORCEMENT AGENCY ON REQUEST TO ASSIST A LAW ENFORCEMENT AGENCY IN LOCATING A FUGITIVE FELON OR AN INDIVIDUAL WHO IS VIOLATING A CONDITION OF PROBATION, A COMMUNITY CONTROL SANCTION, PAROLE, OR A POST-RELEASE CONTROL SANCTION IMPOSED UNDER STATE OR FEDERAL LAW.

(D) THE STATE DEPARTMENT AND ITS OFFICERS AND EMPLOYEES ARE NOT LIABLE IN DAMAGES IN A CIVIL ACTION FOR ANY INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT ALLEGEDLY ARISES FROM THE RELEASE OF INFORMATION REQUIRED BY DIVISION (B) OR (C) OF THIS SECTION. THIS SECTION DOES NOT AFFECT ANY IMMUNITY OR DEFENSE THAT THE STATE DEPARTMENT AND ITS OFFICERS AND EMPLOYEES MAY BE ENTITLED TO UNDER ANOTHER SECTION of the Revised Code OR THE COMMON LAW OF THIS STATE, INCLUDING SECTION 9.86 of the Revised Code.

THE COUNTY AGENCIES AND THEIR EMPLOYEES ARE NOT LIABLE IN DAMAGES IN A CIVIL ACTION FOR ANY INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT ALLEGEDLY ARISES FROM THE RELEASE OF INFORMATION REQUIRED BY DIVISION (B) OR (C) OF THIS SECTION. "EMPLOYEE" HAS THE SAME MEANING AS IN DIVISION (E) OF SECTION 2744.01 of the Revised Code. THIS SECTION DOES NOT AFFECT ANY IMMUNITY OR DEFENSE THAT COUNTY AGENCIES AND THEIR EMPLOYEES MAY BE ENTITLED TO UNDER ANOTHER SECTION of the Revised Code OR THE COMMON LAW OF THIS STATE, INCLUDING SECTION 2744.02 AND DIVISION (A)(6) OF SECTION 2744.03 of the Revised Code.

(E) TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE DEPARTMENT AND COUNTY AGENCIES SHALL PROVIDE ACCESS TO INFORMATION TO THE AUDITOR OF STATE ACTING PURSUANT TO CHAPTER 117. OR SECTIONS 5101.181 AND 5101.182 of the Revised Code AND TO ANY OTHER GOVERNMENT ENTITY AUTHORIZED BY STATE OR FEDERAL LAW TO CONDUCT AN AUDIT OF OR SIMILAR ACTIVITY INVOLVING A PUBLIC ASSISTANCE PROGRAM.

(F) TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE DEPARTMENT OF HUMAN SERVICES, COUNTY DEPARTMENTS OF HUMAN SERVICES, AND EMPLOYEES OF THE DEPARTMENTS MAY REPORT TO A PUBLIC CHILDREN SERVICES AGENCY OR OTHER APPROPRIATE AGENCY INFORMATION ON KNOWN OR SUSPECTED PHYSICAL OR MENTAL INJURY, SEXUAL ABUSE OR EXPLOITATION, OR NEGLIGENT TREATMENT OR MALTREATMENT, OF A CHILD RECEIVING PUBLIC ASSISTANCE, IF CIRCUMSTANCES INDICATE THAT THE CHILD'S HEALTH OR WELFARE IS THREATENED.

Sec. 5101.29.WHEN CONTAINED IN A RECORD HELD BY THE STATE DEPARTMENT OF HUMAN SERVICES OR A COUNTY AGENCY, THE FOLLOWING ARE NOT PUBLIC RECORDS FOR PURPOSES OF SECTION 149.43 of the Revised Code:

(A) NAMES AND OTHER IDENTIFYING INFORMATION REGARDING CHILDREN ENROLLED IN OR ATTENDING A CHILD DAY-CARE CENTER OR HOME LICENSED, CERTIFIED, OR REGISTERED UNDER CHAPTER 5104. of the Revised Code;

(B) NAMES AND OTHER IDENTIFYING INFORMATION REGARDING A PERSON WHO MAKES AN ORAL OR WRITTEN COMPLAINT REGARDING A LICENSED, CERTIFIED, OR REGISTERED CHILD DAY-CARE CENTER OR HOME TO THE STATE DEPARTMENT OR OTHER STATE OR COUNTY ENTITY RESPONSIBLE FOR ENFORCING CHAPTER 5104. of the Revised Code.

Sec. 5101.30. (A) THE STATE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. of the Revised Code IMPLEMENTING SECTIONS 5101.26 TO 5101.30 of the Revised Code AND GOVERNING THE CUSTODY, USE, AND PRESERVATION OF THE INFORMATION GENERATED OR RECEIVED BY THE STATE DEPARTMENT, COUNTY AGENCIES, OTHER STATE AND COUNTY ENTITIES, CONTRACTORS, GRANTEES, PRIVATE ENTITIES, OR OFFICIALS PARTICIPATING IN THE ADMINISTRATION OF PUBLIC ASSISTANCE PROGRAMS. THE RULES SHALL SPECIFY CONDITIONS AND PROCEDURES FOR THE RELEASE OF INFORMATION. THE RULES SHALL COMPLY WITH APPLICABLE FEDERAL STATUTES AND REGULATIONS. TO THE EXTENT PERMITTED BY FEDERAL LAW:

(1) THE RULES MAY PERMIT PROVIDERS OF SERVICES OR ASSISTANCE UNDER PUBLIC ASSISTANCE PROGRAMS LIMITED ACCESS TO INFORMATION THAT IS ESSENTIAL FOR THE PROVIDERS TO RENDER SERVICES OR ASSISTANCE OR TO BILL FOR SERVICES OR ASSISTANCE RENDERED. THE DEPARTMENT OF AGING, WHEN INVESTIGATING A COMPLAINT UNDER SECTION 173.20 of the Revised Code, SHALL BE GRANTED ANY LIMITED ACCESS PERMITTED IN THE RULES PURSUANT TO DIVISION (A)(1) OF THIS SECTION.

(2) THE RULES MAY PERMIT A CONTRACTOR, GRANTEE, OR OTHER STATE OR COUNTY ENTITY LIMITED ACCESS TO INFORMATION THAT IS ESSENTIAL FOR THE CONTRACTOR, GRANTEE, OR ENTITY TO PERFORM ADMINISTRATIVE OR OTHER DUTIES ON BEHALF OF THE STATE DEPARTMENT OR COUNTY AGENCY. A CONTRACTOR, GRANTEE, OR ENTITY GIVEN ACCESS TO INFORMATION PURSUANT TO DIVISION (A)(2) OF THIS SECTION IS BOUND BY THE STATE DEPARTMENT'S RULES, AND DISCLOSURE OF THE INFORMATION BY THE CONTRACTOR, GRANTEE, OR ENTITY IN A MANNER NOT AUTHORIZED BY THE RULES IS A VIOLATION OF SECTION 5101.27 of the Revised Code.

(B) WHENEVER NAMES, ADDRESSES, OR OTHER INFORMATION RELATING TO PUBLIC ASSISTANCE RECIPIENTS IS HELD BY ANY AGENCY OTHER THAN THE STATE DEPARTMENT OR A COUNTY AGENCY, THAT OTHER AGENCY SHALL ADOPT RULES CONSISTENT WITH SECTIONS 5101.26 TO 5101.30 of the Revised Code TO PREVENT THE PUBLICATION OR DISCLOSURE OF NAMES, LISTS, OR OTHER INFORMATION CONCERNING THOSE RECIPIENTS.

Sec. 5101.31. (A) As used in this section:

(1) "Child support enforcement agency" means an agency designated as a child support enforcement agency under section 2301.25 of the Revised Code.

(2) "Law enforcement entity" means a public entity that employs a law enforcement officer.

(B) The division of child support is hereby created in the department of human services. The division shall establish and administer a program of child support enforcement, which program shall meet the requirements of Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, and any rules promulgated under Title IV-D. The program of child support enforcement shall include, but not be limited to, the location of absent parents, the establishment of parentage, the establishment and modification of child support orders and medical support orders, the enforcement of support orders, and the collection of support obligations.

The department shall charge an application fee of up to twenty-five dollars, as determined by rule adopted by the department pursuant to Chapter 119. of the Revised Code, for furnishing services under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, to persons not receiving aid to dependent children OHIO WORKS FIRST UNDER CHAPTER 5107. of the Revised Code. The department shall adopt rules pursuant to Chapter 119. of the Revised Code authorizing counties, at their option, to waive the payment of the fee. The application fee, unless waived pursuant to rules adopted by the department pursuant to this section, shall be paid by those persons.

(C) The division of child support shall establish, by rule adopted pursuant to Chapter 119. of the Revised Code, a program of spousal support enforcement in conjunction with child support enforcement. The program shall conform, to the extent practicable, to the program for child support enforcement established pursuant to division (B) of this section.

(D) The department of human services shall enter into an agreement with the secretary of health and human services, as authorized by the "Parental Kidnapping Prevention Act of 1980," 94 Stat. 3572, 42 U.S.C. 663, as amended, under which the services of the parent locater service established pursuant to Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, shall be made available to this state for the purpose of determining the whereabouts of any absent parent or child in order to enforce a law with respect to the unlawful taking or restraint of a child, or to make or enforce a determination as to the allocation, between the parents of a child, of the parental rights and responsibilities for the care of a child and the designation of the residential parent and legal custodian of a child or otherwise as to the custody of a child.

(E) The division of child support shall not use any social security number made available to it under section 3705.07 of the Revised Code for any purpose other than child support enforcement.

(F) Except as provided by the rules adopted pursuant to this division, no person shall disclose information concerning applicants for and recipients of Title IV-D support enforcement program services provided by a child support enforcement agency. The department of human services shall adopt rules governing access to, and use and disclosure of, information concerning applicants for and recipients of Title IV-D support enforcement program services provided by a child support enforcement agency. The rules shall be consistent with the requirements of Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, and any rules adopted under Title IV-D.

(G)(1) Except as provided in division (G)(2) of this section, the department of human services shall have access to any information in the possession of any officer, board, commission, or agency of the state that would aid the department in locating an absent parent or child pursuant to division (D) of this section, unless release of the information is prohibited by federal law.

(2) The department of taxation, the bureau of motor vehicles, and a law enforcement entity shall provide information the division of child support requests from the department, bureau, or entity that will enable the division to locate a parent the division or a child support enforcement agency is seeking pursuant to child support enforcement activities. The department, bureau, or entity may provide such information to a child support enforcement agency at the agency's request or require the agency to request that the division of child support request the information for the agency. The division shall request the information from the department, bureau, or entity on the request of a child support enforcement agency.

The only information the department shall provide the division or an agency under this section is the name and address of a parent the division or agency is seeking. The information the bureau or entity shall provide to the division or an agency under this section is the information Title IV-D of the "Social Security Act" requires the division or agency be able to receive.

The division or agency shall reimburse the department, bureau, or entity for the cost of providing the information. If the division requests the information for an agency, the agency shall reimburse the division for reimbursing the department, bureau, or entity.

Sec. 5101.323. (A)(1) The division of child support in the department of human services shall establish a program to increase child support collections by publishing and distributing a series of posters displaying child support obligors who are delinquent in their support payments. Each poster shall display photographs of, and information about, ten obligors who are liable for support arrearages and whose whereabouts are unknown to child support enforcement agencies. Each poster shall list a toll-free telephone number for the division of child support that may be called to report information regarding the whereabouts of any of the obligors displayed on a poster. The division may include any other information on the poster that it considers appropriate.

(2) Any child support enforcement agency that chooses to participate in the poster program established under division (A)(1) of this section may submit names of obligors that meet the criteria in division (B) of this section to the division. The division shall select obligors to be displayed on a poster from the names submitted by the agencies.

(3) The division shall send notice to each obligor whose name was submitted to be displayed on the poster. The notice shall be sent by regular mail to the obligor's last known address and shall state that the obligor may avoid being included on the poster by doing all of the following within ninety days after receipt of the notice:

(a) Make a payment to the child support enforcement agency that is at least equal to the amount of support the obligor is required to pay each month under the support order;

(b) Provide the agency with the obligor's current address;

(c) Provide the agency with evidence from each of the obligor's current employers of the obligor's current wages, salary, and other compensation;

(d) Provide the agency with evidence that the obligor has arranged for withholding from the obligor's wages, salary, or other compensation to pay support and for payment of arrearages.

(4) The child support enforcement agency shall determine whether any obligor whose name was submitted to be displayed on a poster has met all the conditions of division (A)(3) of this section. If it determines that an obligor has done so, it shall give the division notice of its determination. On receipt of the notice from the agency, the division shall remove the obligor from the list of obligors submitted by that agency before making the final selection of obligors for the poster.

(5) The division shall publish and distribute the first set of posters throughout the state not later than October 1, 1992. The division shall publish and distribute subsequent sets of posters not less than twice annually.

(B) A child support enforcement agency may submit the name of a delinquent obligor to the division for inclusion on a poster only if all of the following apply:

(1) The obligor is subject to a support order and there has been an attempt to enforce the order through a public notice, a wage withholding order, a lien on property, a financial institution deduction order, or other court-ordered procedures.

(2) The department of human services reviewed the obligor's records and confirms the child support enforcement agency's finding that the obligor's name and photograph may be submitted to be displayed on a poster.

(3) The agency does not know or is unable to verify the obligor's whereabouts.

(4) The obligor is not a recipient of aid to dependent children OHIO WORKS FIRST, disability assistance, supplemental security income, or food stamps.

(5) The child support enforcement agency does not have evidence that the obligor has filed for protection under the federal Bankruptcy Code, 11 U.S.C.A. 101, as amended.

(6) The obligee gave written authorization to the agency to display the obligor on a poster.

(7) A legal representative of the agency and a child support enforcement administrator reviewed the case.

(8) The agency is able to submit to the department a description and photograph of the obligor, a statement of the possible locations of the obligor, and any other information required by the department.

(C) When the agency submits the name of an obligor to the division, it also shall submit the photograph and information described in division (B)(8) of this section. It shall not submit to the division the address of the obligee or any other personal information about the obligee.

(D) In accordance with Chapter 119. of the Revised Code, the division shall adopt rules for the operation of the poster program under this section. The rules shall specify the following:

(1) Criteria and procedures for the division to use in reviewing the names of obligors submitted by child support enforcement agencies to be displayed on a poster and selecting the delinquent obligors to be included on a poster;

(2) Procedures for providing the notice specified in division (A)(3) of this section;

(3) Any other procedures necessary for the operation of the poster program.

(E) The division shall use funds appropriated by the general assembly for child support administration to conduct the poster program under this section.

Sec. 5101.35. (A) As used in this section:

(1) "AGENCY" MEANS THE FOLLOWING ENTITIES THAT ADMINISTER A HUMAN SERVICES PROGRAM:

(a) THE DEPARTMENT OF HUMAN SERVICES;

(b) THE DEPARTMENT OF AGING;

(c) A COUNTY DEPARTMENT OF HUMAN SERVICES;

(d) A PUBLIC CHILDREN SERVICES AGENCY;

(e) A GOVERNMENT ENTITY ADMINISTERING A HUMAN SERVICES PROGRAM FOR A COUNTY DEPARTMENT OF HUMAN SERVICE OR PUBLIC CHILDREN SERVICES AGENCY PURSUANT TO DIVISION (D) OF SECTION 307.98 OF THE REVISED CODE;

(f) A CORPORATION OR ASSOCIATION ADMINISTERING A HUMAN SERVICES PROGRAM FOR A COUNTY DEPARTMENT OF HUMAN SERVICES OR PUBLIC CHILDREN SERVICES AGENCY PURSUANT TO SECTION 307.851 OF THE REVISED CODE.

(2) "Appellant" means an applicant, participant, former participant, recipient, or former recipient of any of the following A HUMAN SERVICES PROGRAM who is entitled by federal or state law to a hearing regarding a decision or order of the state department, a county department, or the department of aging:

(a) Aid to dependent children;

(b) Disability assistance;

(c) Food stamps;

(d) Publicly funded child day-care;

(e) Residential state supplement payments;

(f) Assistance under Title IV-E, XIX, or XX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended;

(g) Assistance under the "Child Care and Development Block Grant Act of 1990," established in section 5082 of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat. 1388-236 (1990), 42 U.S.C. 9858, as amended;

(h) Assistance under section 5081 of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat. 1388-233 (1990), 42 U.S.C. 602(i), as amended;

(i) The job opportunities and basic skills training program.

(2) "State department" means the Ohio department of human services.

(3) "County department" means a county department of human services or a county children services board.

(4) "Designated county department" means the county department responsible for compliance with a state hearing decision or an administrative appeal decision AGENCY THAT ADMINISTERS THE PROGRAM.

(3) "HUMAN SERVICES PROGRAM" MEANS ASSISTANCE PROVIDED UNDER CHAPTER 5104., 5107., 5111., OR 5115. OR SECTION 173.35, 5101.141, 5101.46, 5101.54, 5153.163, OR 5153.165 OF THE REVISED CODE, OTHER THAN ASSISTANCE PROVIDED UNDER SECTION 5101.46 OF THE REVISED CODE BY THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES, OR A COUNTY BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES.

(B) An appellant who appeals under federal or state law a decision or order of the state department, a county department, or the department of aging AN AGENCY ADMINISTERING A HUMAN SERVICES PROGRAM shall, at his THE APPELLANT'S request, be granted a STATE hearing by the state department OF HUMAN SERVICES. This state hearing shall be conducted in accordance with rules adopted by the state department pursuant to UNDER THIS section 119.03 of the Revised Code. The state hearing shall be tape-recorded, but neither the recording nor a transcript of the recording shall be part of the official record of the proceeding. A state hearing decision is binding upon the state AGENCY AND department, the designated county department, and the department of aging, unless it is reversed or modified on appeal to the director of human services or a court of common pleas.

(C) An appellant who disagrees with a state hearing decision may make an administrative appeal to the director of the state department HUMAN SERVICES in accordance with rules adopted by that department pursuant to UNDER THIS section 119.03 of the Revised Code. This administrative appeal does not require a hearing, but the director of the state department or his THE DIRECTOR'S designee shall review the state hearing decision and previous administrative action and may affirm, modify, remand, or reverse the state hearing decision. Any person designated to make an administrative appeal decision on behalf of the director shall have been admitted to the practice of law in this state. An administrative appeal decision is the final decision of the state department and is binding upon the state department, the designated county department, and the department of aging AGENCY, unless it is reversed or modified on appeal to the court of common pleas.

(D) The designated county department and the department of aging AN AGENCY shall comply with a decision issued pursuant to division (B) or (C) of this section within the time limits established by rule by the state department RULES ADOPTED UNDER THIS SECTION. If the designated county department AGENCY fails to comply within these time limits, the state department may withhold from the designated county department monetary advances for county administrative expenses and impose other fiscal sanctions. The withholding of any such monetary advance or the imposition of any other fiscal sanction shall be in accordance with rules adopted by the state department pursuant to TAKE ACTION PURSUANT TO section 119.03 5101.24 of the Revised Code. THE DEPARTMENT OF HUMAN SERVICES MAY FORCE COMPLIANCE BY THE DEPARTMENT OF AGING WITH THE TIME LIMITS BY WITHHOLDING FUNDS DUE THE DEPARTMENT OF AGING OR IMPOSING ANOTHER SANCTION ESTABLISHED BY RULES ADOPTED UNDER THIS SECTION.

(E) An appellant who disagrees with an administrative appeal decision of the state department DIRECTOR OF HUMAN SERVICES OR THE DIRECTOR'S DESIGNEE issued under division (C) of this section may appeal from the decision to the court of common pleas pursuant to section 119.12 of the Revised Code. The appeal shall be governed by section 119.12 of the Revised Code except that:

(1) The person may appeal to the court of common pleas of the county in which he THE PERSON resides, or to the court of common pleas of Franklin county if he THE PERSON does not reside in this state.

(2) The person may apply to the court for designation as an indigent and, if the court grants this application, the appellant shall not be required to furnish the costs of the appeal.

(3) The appellant shall mail his THE notice of appeal to the state department OF HUMAN SERVICES and file notice of appeal with the court within thirty days after the state department mails the administrative appeal decision to the appellant. For good cause shown, the court may extend the time for mailing and filing notice of appeal, but such time shall not exceed six months from the date the state department mails the administrative appeal decision. Filing notice of appeal with the court shall be the only act necessary to vest jurisdiction in the court.

(4) The state department shall be required to file a transcript of the testimony of the state hearing with the court only if the court orders the department to file the transcript. The court shall make such an order only if it finds that the department and the appellant are unable to stipulate to the facts of the case and that the transcript is essential to a determination of the appeal. The state department shall file the transcript not later than thirty days after the day such an order is issued.

(F) THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT THIS SECTION, INCLUDING RULES GOVERNING THE FOLLOWING:

(1) STATE HEARINGS UNDER DIVISION (B) OF THIS SECTION;

(2) ADMINISTRATIVE APPEALS UNDER DIVISION (C) OF THIS SECTION;

(3) TIME LIMITS FOR COMPLYING WITH A DECISION ISSUED UNDER DIVISION (B) OR (C) OF THIS SECTION;

(4) SANCTIONS THAT MAY BE APPLIED AGAINST THE DEPARTMENT OF AGING UNDER DIVISION (D) OF THIS SECTION.

Sec. 5101.36. Any application for public assistance gives a right of subrogation to the department of human services for any workers' compensation benefits payable to a person who is subject to a support order, as defined in section 2301.34 of the Revised Code or to an administrative support order, as defined in section 3111.20 of the Revised Code, on behalf of the applicant, to the extent of any public assistance payments made on the applicant's behalf. If the director of human services, in consultation with a child support enforcement agency and the administrator of the bureau of workers' compensation, determines that a person responsible for support payments to a recipient of public assistance is receiving workers' compensation, he THE DIRECTOR shall notify the administrator of the amount of the benefit to be paid to the department of human services.

For purposes of this section, "public assistance" means medical assistance provided through the medical assistance program established under section 5111.01 of the Revised Code, aid to dependent children OHIO WORKS FIRST provided under Chapter 5107. of the Revised Code, or disability assistance provided under Chapter 5115. of the Revised Code.

Sec. 5101.37. (A) The department of human services and each COUNTY DEPARTMENT OF HUMAN SERVICES AND child support enforcement agency may make any investigations that are necessary in the performance of its THEIR duties, and to that end they shall have the same power as a judge of a county court to administer oaths and to enforce the attendance and testimony of witnesses and the production of books or papers.

The department and each child support enforcement COUNTY DEPARTMENT AND agency shall keep a record of its THEIR investigations stating the time, place, charges or subject, witnesses summoned and examined, and its THEIR conclusions.

In matters involving the conduct of an officer, a stenographic report of the evidence shall be taken and a copy of the report, with all documents introduced, kept on file at the office of the department, COUNTY DEPARTMENT, or the agency.

The fees of witnesses for attendance and travel shall be the same as in the court of common pleas, but no officer or employee of the institution under investigation is entitled to such fees.

(B) In conducting hearings pursuant to sections 3113.21 to 3113.217 or pursuant to division (B) of section 5101.35 of the Revised Code, the department and each child support enforcement agency have the same power as a judge of a county court to administer oaths and to enforce the attendance and testimony of witnesses and the production of books or papers. The department and each agency shall keep a record of those hearings stating the time, place, charges or subject, witnesses summoned and examined, and its THEIR conclusions.

The issuance of a subpoena by the department or a child support enforcement agency to enforce attendance and testimony of witnesses and the production of books or papers at a hearing is discretionary and the department or agency is not required to pay the fees of witnesses for attendance and travel.

(C) Any judge of the probate court or ANY DIVISION of the court of common pleas, upon application of the department or a COUNTY DEPARTMENT OR child support enforcement agency, may compel the attendance of witnesses, the production of books or papers, and the giving of testimony before the department, COUNTY DEPARTMENT, or agency, by a judgment for contempt or otherwise, in the same manner as in cases before those courts.

Sec. 5101.46. (A) AS USED IN THIS SECTION AND IN SECTIONS 5101.461 TO 5101.465 OF THE REVISED CODE:

(1) "TITLE XX" MEANS TITLE XX OF THE "SOCIAL SECURITY ACT," 88 STAT. 2337 (1974), 42 U.S.C.A. 1397, AS AMENDED.

(2) "RESPECTIVE LOCAL AGENCIES" MEANS, WITH RESPECT TO THE DEPARTMENT OF HUMAN SERVICES, THE COUNTY DEPARTMENTS OF HUMAN SERVICES; WITH RESPECT TO THE DEPARTMENT OF MENTAL HEALTH, THE BOARDS OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES; AND WITH RESPECT TO THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, THE COUNTY BOARDS OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES.

(3) "MINIMUM STANDARD OF NEED" MEANS THE MINIMUM AMOUNTS OF INCOME AND RESOURCES NECESSARY FOR AN INDIVIDUAL OR A FAMILY TO MAINTAIN HEALTH AND DECENCY, AS DETERMINED AND UPDATED ANNUALLY BY THE DEPARTMENT OF HUMAN SERVICES UNDER SECTION 5107.06 of the Revised Code.

(B) The departments of human services, mental health, and mental retardation and developmental disabilities shall administer the A program for the provision of social services authorized by Title XX of the "Social Security Act," 88 Stat. 2337, 42 U.S.C. 1397, as amended SOCIAL SERVICES. The departments may assign ANY OF their administrative responsibilities to their respective county departments of human services; boards of alcohol, drug addiction, and mental health services; and county boards of mental retardation and developmental disabilities. The departments may adopt rules establishing sanctions against their respective departments and boards LOCAL AGENCIES. THE ASSIGNMENT OF ADMINISTRATIVE RESPONSIBILITIES SHALL BE MADE IN ACCORDANCE WITH RULES EACH DEPARTMENT SHALL ADOPT IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. THE RULES MAY ESTABLISH CONDITIONS FOR THE ASSIGNMENT OF RESPONSIBILITIES AND MAY ESTABLISH SANCTIONS AGAINST THE LOCAL AGENCIES for noncompliance with the terms of any assignment of administrative responsibilities.

(B)(C) The department of human services is responsible for the preparation and revision of a biennial comprehensive TITLE XX social services program plan that meets all the requirements of applicable state LAWS AND RULES and federal laws and regulations. The departments of mental health and of mental retardation and developmental disabilities shall prepare portions of the STATE TITLE XX plan that apply to mental health and to mental retardation and developmental disabilities services for inclusion in the plan prepared by the department of human services. The plan shall constitute the report on the intended use of Title XX funds that is required by federal law, and shall comply with all federal requirements for such report.

(C) The department of human services shall provide

(D) EACH COUNTY DEPARTMENT OF HUMAN SERVICES SHALL ADOPT A COUNTY PROFILE FOR THE ADMINISTRATION AND PROVISION OF TITLE XX SOCIAL SERVICES IN THAT COUNTY. IN DEVELOPING ITS COUNTY PROFILE, THE COUNTY DEPARTMENT MAY CONSIDER PUBLIC COMMENTS AND RECOMMENDATIONS RECEIVED PURSUANT TO SECTION 5101.461 OF THE REVISED CODE. THE COUNTY DEPARTMENT ALSO MAY PREPARE A LOCAL NEEDS REPORT ANALYZING LOCAL NEED FOR TITLE XX SOCIAL SERVICES. LOCAL NEEDS SHALL BE ANALYZED IN ACCORDANCE WITH GUIDELINES DEVELOPED BY THE BOARD OF COUNTY COMMISSIONERS.

THE COUNTY DEPARTMENT SHALL FILE A COPY OF THE PROFILE WITH THE DEPARTMENT OF HUMAN SERVICES. THE DEPARTMENT SHALL APPROVE THE COUNTY PROFILE ONLY IF THE PROFILE CONTAINS PROVISIONS THAT, AT A MINIMUM, DO ALL OF THE FOLLOWING:

(1) LIST ALL TITLE XX SOCIAL SERVICES TO BE PROVIDED IN THE COUNTY, INCLUDING at least one service under the social services program to achieve each of the following goals:

(1)(a) Achieving or maintaining economic self-support to prevent, reduce, or eliminate dependency;

(2)(b) Achieving or maintaining self-sufficiency, including reduction or prevention of dependency;

(3)(c) Preventing or remedying neglect, abuse, or exploitation of children and adults unable to protect their own interests, or preserving, rehabilitating, or reuniting families;

(4)(d) Preventing or reducing inappropriate institutional care by providing for community-based care, home-based care, or other forms of less intensive care;

(5)(e) Securing referral or admission for institutional care when other forms of care are not appropriate, or providing services to individuals in institutions.

(D) The plan shall:

(1)(2) Authorize the provision or the purchase of any service on a multicounty basis when considerations relating to the nature of the service, accessibility factors, characteristics of persons to receive the service, and ongoing programs or planning areas for other programs lead to the reasonable conclusion that the larger geographic area constitutes a more efficient basis for furnishing the service;. THE PROFILE SHALL CONTAIN PROVISIONS TO ENSURE THAT WHENEVER SERVICES ARE TO BE PROVIDED OR PURCHASED ON A MULTICOUNTY BASIS, THE APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY INVOLVED WILL BE OBTAINED.

(2) Require that whenever federal laws and regulations with respect to children who are receiving aid under Title IV-A of the "Social Security Act," 49 Stat. 627, 42 U.S.C.A. 601, as amended, permit the implementation of such a policy, the income of stepparents who reside in the same household shall be considered available to their stepchildren in determining the eligibility of children for services;

(3) Include the A formula or schedule establishing the fees or other charges to be imposed by each THE county department of human services under division (E)(2) of this section;

(4) Establish uniformly applied service descriptions and definitions of units of service;

(5) Present in the section of the plan COUNTY PROFILE specifically designated for such purpose, for each service category, eligibility category, and geographic area, ALL OF THE FOLLOWING:

(a) The estimated number of individuals to be served, counting each individual no more than once in any service category;

(b) THE ESTIMATED NUMBER OF INDIVIDUALS AND FAMILIES TO BE SERVED WHOSE INCOME AND RESOURCES ARE AT OR BELOW ONE HUNDRED PER CENT OF THE MINIMUM STANDARD OF NEED;

(c) The estimated expenditures;

(c)(d) Any other information required by state law OR RULE or federal law or regulations.

(6) List the scheduled times, dates, and locations of local public hearings to be held on the proposed state plan and the dates in which the public comment period shall be held ESTABLISH ELIGIBILITY CRITERIA, INCLUDING CRITERIA REGARDING INCOME, RESOURCES, AND OTHER FACTORS, THAT WILL BE USED BY THE COUNTY DEPARTMENT IN DETERMINING WHO WILL BE ELIGIBLE TO RECEIVE EACH SERVICE SPECIFIED IN THE COUNTY PROFILE;

(7) SPECIFY WHICH SERVICES, IF ANY, MAY BE PROVIDED WITHOUT CHARGE;

(8) ESTABLISH PROCEDURES FOR THE COUNTY DEPARTMENT TO FOLLOW IN PREPARING REPORTS AND CONDUCTING AUDITS REGARDING ITS USE OF TITLE XX FUNDS;

(9) ESTABLISH CRITERIA FOR THE EVALUATION OF THE SOCIAL SERVICES NEEDED OR PROVIDED IN THE COUNTY;

(10) ESTABLISH REQUIREMENTS FOR THE COUNTY DEPARTMENT TO FOLLOW IN RETAINING RECORDS AND SAFEGUARDING INFORMATION THAT PERTAINS TO THE INDIVIDUALS AND FAMILIES WHO APPLY FOR OR RECEIVE TITLE XX SOCIAL SERVICES;

(11) ESTABLISH ANY OTHER ADMINISTRATIVE AND OPERATIONAL REQUIREMENTS REGARDING TITLE XX SOCIAL SERVICES THAT THE COUNTY DEPARTMENT CONSIDERS NECESSARY.

(E) Services other than child day-care shall be provided under the social services program as follows:

(1) Without fees or other charges to:

(a) Recipients of aid to dependent children;

(b) Recipients of disability assistance provided under Chapter 5115. of the Revised Code;

(c) Recipients of supplemental security income under Title XVI of the Social Security Act;

(d) Recipients of medical assistance under Chapter 5111. of the Revised Code;

(e) Individuals sixty years of age and over;

(f) Families and individuals whose income and resources are less than one hundred fifty per cent of the minimum standard of need.

Services provided without charge on the basis of eligibility under division (E)(1)(e) of this section shall be limited to home-delivered meals, congregate meals, homemaker and home health aide services, transportation, chore services, health-related services, and community-based care. Providers of these services shall post for public display the average per unit cost of each service. Persons who are eligible for services under division (E)(1)(e) or (3) of this section may voluntarily contribute a portion of the cost of service.

(2) To persons other than those eligible under division (E)(1) of this section for day-care services to adults, homemaker and home health aide services, and for any other services designated by the county department to be provided for a fee, upon the payment of fees or other charges established by the formula or schedule in the plan to individuals and families whose income and resources exceed one hundred fifty per cent of the minimum standard of need but are less than the statewide median income.

(3) The following services shall be provided without regard to income or resources and without the payment of fees or other charges to persons in need of such services:

(a) Information and referral;

(b) Protective services for children;

(c) Protective services for adults, unless a county department of human services determines that an adult in need of protective services has sufficient financial means to pay for the services or if a court orders an adult to pay for court-ordered protective services as provided for under section 5101.70 of the Revised Code.

(F) Child day-care provided under the social services program shall be provided in accordance with Chapter 5104. of the Revised Code.

(G) As used in this section:

(1) "Minimum standard of need" means the minimum amounts of income and resources necessary for an individual or a family of the same size to maintain health and decency as determined and updated annually by the department under section 5107.02 of the Revised Code.

(2) "Median income" means the median income for an individual or a family of the same size in this state, as determined by the United States department of labor.

(3) "Protective services" means services for the prevention or remedying of the neglect, abuse, or exploitation of children or adults who are unable to protect their own interests.

(H) The department of human services may adopt ANY rules under Chapter 119. of the Revised Code necessary to carry out the purposes of this section AND SECTIONS 5101.461 TO 5101.465 OF THE REVISED CODE. THE RULES MAY INCLUDE GUIDELINES FOR THE PREPARATION, REVISION, AND REVIEW OF THE STATE TITLE XX SOCIAL SERVICES PLAN AND COUNTY TITLE XX PROFILES; REQUIREMENTS OR PROHIBITIONS ESTABLISHED BY THE FEDERAL GOVERNMENT REGARDING THE PROVISION OF TITLE XX SOCIAL SERVICES; AND OPERATIONAL REQUIREMENTS THAT MUST BE FOLLOWED FOR COMPLIANCE WITH FEDERAL LAW AND REGULATIONS.

ALL RULES ADOPTED UNDER THIS DIVISION SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, UNLESS THEY ARE INTERNAL MANAGEMENT RULES GOVERNING THE FISCAL, ADMINISTRATIVE, AND REPORTING REQUIREMENTS APPLICABLE TO COUNTY DEPARTMENTS OF HUMAN SERVICES. INTERNAL MANAGEMENT RULES MAY BE ADOPTED IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE.

Sec. 5101.461. (A) The department of aging shall have the right to review and comment upon any portion or any revision of any portion of the comprehensive social services plan that is directed toward persons who are sixty years of age or older.

(B) Prior to one hundred fifty days before the proposed effective date of any proposed plan, the departments of mental health and mental retardation and developmental disabilities shall make those portions of the plan that apply to mental health and mental retardation and developmental disabilities services available to the department of human services for inclusion in the comprehensive social services plan.

(C) No later than one hundred fifty days before the proposed effective date of any proposed plan, the department of human services shall submit the plan to the speaker of the house of representatives and the president of the senate. The speaker and the president shall refer the plan to the standing committee of his respective house that has the primary responsibility for the consideration of human services legislation, for review and recommendation for favorable or unfavorable consideration.

(D) No later than one hundred fifty days before the effective date of any proposed state plan, the department of human services shall hold a public comment period for a period of not less than forty-five days. Members of the public may submit written comments and recommendations on the proposed plan to the department during the public comment period.

(E) No later than ninety days before the effective date of the proposed plan, the department shall submit to the speaker of the house of representatives and the president of the senate all comments and recommendations received during the public comment period and a summary of the comments and recommendations made at county hearings held pursuant to section 329.07 of the Revised Code. The speaker and president shall refer the testimony to the respective standing committees to which the plan was referred for review.

(F) No later than ninety days before the effective date of the proposed state plan, the department of human services shall submit its proposed revisions to the plan, including any revisions in the portions of the plan that apply to mental health and mental retardation and developmental disabilities, to the speaker and the president, who shall refer the proposed revisions to the respective standing committees to which the plan was referred for review. The department shall consider comments and recommendations received during the public comment period or made at county hearings in proposing revisions to the plan. The departments of mental health and mental retardation and developmental disabilities shall submit any proposed revisions in the portions of the plan applying to their respective departments in time to permit their incorporation into the revisions proposed by the department of human services.

(G)(1) The respective standing committees shall review the proposed state plan, the comments and recommendations from the public comment period and county hearings, and any proposed revisions to the plan made pursuant to division (F) of this section. Either committee reviewing the plan may recommend a concurrent resolution modifying the proposed plan or may recommend that the department submit a modified plan to the speaker and the president, who shall each refer the modified plan to the standing committees to which the plan was referred for review. The resolution may include any revisions proposed by the department of human services and any other revisions or modifications the general assembly considers necessary for the effective administration of social services.

If the general assembly fails to pass a concurrent resolution modifying the plan within forty-five days of the effective date of the plan, the modified plan most recently submitted to the speaker and the president, or, if no modified plan was submitted, the proposed plan, including any revisions proposed under division (F) of this section, shall be considered to have been adopted.

(H) After adoption of the plan under division (G) of this section, the department shall submit any proposed revision of any portion of the plan to the speaker and the president, who shall refer the proposed revision to the standing committees to which the plan was referred for review. If neither standing committee recommends a concurrent resolution opposing the proposed revision within thirty days after its submission, the proposed revision shall be considered to have been adopted and the department shall incorporate the revision into the plan.

(I) The department of human services shall adopt rules under section 111.15 of the Revised Code governing the preparation, review, and revision DEVELOP A METHOD TO OBTAIN PUBLIC COMMENT DURING THE DEVELOPMENT of the comprehensive STATE TITLE XX social services plan AND AFTER ITS COMPLETION. These rules shall include:

(1) Guidelines for the preparation of a local needs report by county departments of human services pursuant to section 329.04 of the Revised Code, including the contents of the report and any guidelines or criteria for evaluation of local services or needs;

(2) The procedure for review and evaluation by the department of local needs reports and county plans prepared pursuant to section 329.04 of the Revised Code.

(B) PUBLIC HEARINGS TO OBTAIN COMMENTS AND RECOMMENDATIONS ON PROPOSED COUNTY PROFILES FOR THE ADMINISTRATION OF TITLE XX SOCIAL SERVICES SHALL BE HELD BY THE COUNTY HUMAN SERVICES ADVISORY COMMITTEE ESTABLISHED UNDER SECTION 329.06 OF THE REVISED CODE. THE COMMITTEE SHALL FORWARD TO THE BOARD OF COUNTY COMMISSIONERS A SUMMARY OF THE COMMENTS AND RECOMMENDATIONS MADE AT THE HEARING.

Sec. 5101.462. (A) As used in this section:

(1) "Local share" means any funds used to match the federal funds as required under division (D) of this section. The local share may be provided from any source, except from sources prohibited under federal law or from state funds appropriated specifically to supplement federal Title XX funds under division (B) of this section.

(2) "Median income" has the same meaning as in section 5101.46 of the Revised Code.

(B) All federal funds received under Title XX of the "Social Security Act," 88 Stat. 2337, 42 U.S.C. 1397, as amended, shall be appropriated to the departments of human services, mental health, and mental retardation and developmental disabilities in the following manner:

(1) Department of human services, seventy-two and one-half per cent;

(2) Department of mental health, twelve and ninety-three one-hundredths per cent;

(3) Department of mental retardation and developmental disabilities, fourteen and fifty-seven one-hundredths per cent.

Of the amount appropriated to the (B) THE department of human services, the director of human services shall allocate to county departments of human services all federal funds received under division (B)(A)(1) of this section, except those required for state administration under division (C) of this section and two per cent for the training of employees of county THE FOLLOWING:

(1) COUNTY departments of human services; providers

(2) PROVIDERS of services under contract with county departments of human services or with boards of alcohol, drug addiction, and mental health services or county boards of mental retardation and developmental disabilities ANY OF THE THREE STATE DEPARTMENTS' RESPECTIVE LOCAL AGENCIES; and county

(3) COUNTY children services boards that are directly engaged in providing TITLE XX services under the program.

A county department of human services shall use twenty per cent of the Title XX funds allocated to department of human services it under this section for the provision of child day-care, except that, at the request of a county department of human services and in accordance with rules adopted pursuant to division (I) of this section, the department of human services may waive the twenty per cent requirement and permit the county department to use a smaller percentage but no less than ten per cent of the federal funds allocated to it under this section to provide children's day-care services. A county department may spend more than twenty per cent of its allocation of Title XX funds to provide child day-care. All Title XX funds used to provide child day-care shall be used in accordance with Chapter 5104. of the Revised Code.

(C) Each department shall expend no more than three per cent of its appropriation under division (B)(A) of this section for state administration.

(D) Each county department of human services; board of alcohol, drug addiction, and mental health services; and county board of mental retardation and developmental disabilities OF THE THREE STATE DEPARTMENTS' RESPECTIVE LOCAL AGENCIES shall provide a ten per cent local share OF LOCAL FUNDS to match THE federal funds received by the department or board LOCAL AGENCY, unless the department or board LOCAL AGENCY obtains a waiver for OF part or all of its local share, except that no local share shall be required to match federal funds that are allocated for child day-care, or for training, or for services provided directly by county departments of human services. The county department or board EACH RESPECTIVE LOCAL AGENCY'S LOCAL SHARE IS AN AMOUNT EQUAL TO TEN PER CENT OF THE AMOUNT ALLOCATED TO THE AGENCY. THE LOCAL SHARE MAY BE PROVIDED FROM ANY SOURCE, EXCEPT FROM SOURCES PROHIBITED UNDER FEDERAL LAW OR FROM STATE FUNDS APPROPRIATED SPECIFICALLY TO SUPPLEMENT THE FEDERAL FUNDS APPROPRIATED UNDER DIVISION (A) OF THIS SECTION.

THE RESPECTIVE LOCAL AGENCIES MAY REQUIRE PROVIDERS OF TITLE XX SOCIAL SERVICES TO PROVIDE MATCHING FUNDS. THE AGENCIES may vary the match rate required from providers from zero to fifty per cent in accordance with local needs and resources available, but the aggregate total for the local share shall be equal to at least ten per cent of the amount allocated to the county department or board LOCAL AGENCY or the percentage determined under a waiver made under this section.

The departments of human services, mental health, and mental retardation and developmental disabilities may grant waivers of part or all of the local share of their respective departments or boards LOCAL AGENCIES upon request. Each department shall develop ADOPT rules governing the procedure for requesting a waiver, the criteria for granting a waiver, and the duration of the waiver. The following counties shall be granted an automatic waiver of the local share requirement: Adams, Athens, Belmont, Brown, Carroll, Clermont, Columbiana, Coshocton, Gallia, Guernsey, Harrison, Highland, Hocking, Holmes, Jackson, Jefferson, Lawrence, Meigs, Monroe, Morgan, Muskingum, Noble, Perry, Pike, Ross, Scioto, Tuscarawas, Vinton, and Washington.

(E) Each department is responsible for taking corrective action on any audit findings, deferrals, or disallowances, OR PENALTIES concerning federal, state, or local funds it received under Title XX of the Social Security Act. WHEN A COUNTY DEPARTMENT OF HUMAN SERVICES IS RESPONSIBLE OR PARTIALLY RESPONSIBLE FOR A FEDERAL DISALLOWANCE OR PENALTY, THE COUNTY DEPARTMENT SHALL REPAY TO THE DEPARTMENT OF HUMAN SERVICES AN AMOUNT EQUAL TO THE FEDERAL DISALLOWANCE OR PENALTY. THE DEPARTMENT MAY TAKE ANY ACTION NECESSARY AGAINST THE COUNTY DEPARTMENT TO RECOVER THE AMOUNT.

(F) The directors of human services, mental health, and mental retardation and developmental disabilities EACH DEPARTMENT shall, subject to the approval of the controlling board, develop formulas for the distribution to county departments of human services; boards of alcohol, drug addiction, and mental health services; and county boards of mental retardation and developmental disabilities of THEIR RESPECTIVE LOCAL AGENCIES OF TITLE XX funds appropriated to their respective departments under divisions (A) and DIVISION (B) of this section. The formulas shall take into account the total population and the population with income and resources below the one hundred per cent standard of need of each county and the county's history of and ability to utilize funds received under Title XX of the "Social Security Act," 88 Stat 2337, 42 U.S.C. 1397, as amended. The distributions shall not include the amounts of any contracts entered into between a provider and the department of mental health or the department of mental retardation and developmental disabilities ONE OF THE STATE DEPARTMENTS for services on a statewide or regional basis. Such contracts shall be subject to the requirements of division (B) of section 5101.463 of the Revised Code.

(G) The departments of human services, mental health, and mental retardation and developmental disabilities shall notify their respective departments or boards of the formula used to compute the amount of the allocation to each department or board for social services under Title XX, and shall provide an estimate of the amount of each allocation. Each department shall adopt rules pursuant to section 111.15 of the Revised Code governing the procedure for notification of its departments or boards as required in this division, including the time of notification.

(H) If, on October 5, 1987, the children services functions of a county are being performed by the county department of human services and, after October 5, 1987, the county establishes a county children services board, the board of county commissioners may, by resolution adopted by a majority of the members of the board, direct the county department of human services to transfer to the county children services board a portion of the funds allocated to the county department of human services under division (B) of this section or received by that department from funds appropriated by the state for county administration. The amount transferred shall be the amount determined by the county commissioners to be necessary for providing children services. On receipt of the direction, the county department of human services shall make the transfer required by this division. A transfer of funds pursuant to this division shall not affect the amount of any funds allocated to the county by the state department of human services pursuant to division (B) of this section.

(I) The department of human services, in accordance with section 111.15 of the Revised Code, shall adopt rules establishing criteria for waiving the requirement in division (B) of this section that a county department of human services use twenty per cent of its allocation of federal funds under this section to provide children's day-care services and establishing procedures for a county department of human services to request the waiver.

Sec. 5101.463. (A) As used in this section, "combined federal and state funds" refers to the amount of federal Title XX funds appropriated under division (B) of section 5101.462 of the Revised Code and to any state funds appropriated specifically to supplement those federal funds.

(B) Except for contracts entered into directly between providers and the departments of human services, mental health, and mental retardation and developmental disabilities, purchases of TITLE XX SOCIAL services other than child day-care under the Title XX social services program shall be made under a contract entered into by the provider of the services and the county department of human services; board of alcohol, drug addiction, and mental health services; or county board of mental retardation and developmental disabilities DEPARTMENTS' RESPECTIVE LOCAL AGENCIES. The directors of human services, mental health, and mental retardation and developmental disabilities DEPARTMENTS shall each prescribe a standard form for such contracts.

(B) Each contract BETWEEN A PROVIDER OF TITLE XX SOCIAL SERVICES AND ONE OF THE STATE DEPARTMENTS OR THEIR RESPECTIVE LOCAL AGENCIES shall specify ALL OF THE FOLLOWING:

(1) The period covered by the contract, not to exceed two years;

(2) The amounts AMOUNT of combined federal and state funds and TO BE EXPENDED, CONSISTING OF FUNDS FROM THE FEDERAL TITLE XX FUNDS APPROPRIATED UNDER DIVISION (A) OF SECTION 5101.462 OF THE REVISED CODE AND ANY STATE FUNDS APPROPRIATED SPECIFICALLY TO SUPPLEMENT THOSE FEDERAL FUNDS, AND THE AMOUNT OF local funds to be expended;

(3) That the provider agrees to submit MONTHLY, QUARTERLY, OR semiannual reports showing the number of persons served and actual expenditures of Title XX funds in each eligibility category for each service covered in the contract, within thirty days of the end of each six-month REPORTING period;

(4) That the provider agrees to determine eligibility for all service recipients, except as provided under division (H) of this section, directly or through a subcontract or other agreement with a county department of human services, or a public or private nonprofit agency or organization;

(5) The units by which the amounts of services provided are to be measured, and codes to be used to identify the units;

(6) Estimated costs by category of expense;

(7) That the provider agrees to meet the requirements of federal and LAWS AND REGULATIONS, state laws and rules and, the state TITLE XX plan, AND, IF APPLICABLE TO THE CONTRACT, THE COUNTY PROFILE FOR ADMINISTRATION OF TITLE XX SOCIAL SERVICES;

(8)(7) That the state DEPARTMENT OR LOCAL AGENCY agrees to meet the requirements of federal and LAWS AND REGULATIONS, state laws and rules and, the state TITLE XX plan, AND, IF APPLICABLE TO THE CONTRACT, THE COUNTY PROFILE FOR ADMINISTRATION OF TITLE XX SOCIAL SERVICES;

(9)(8) That the provider agrees to have prepared an annual financial statement and, if applicable, a review of determinations of eligibility under the program FOR SERVICES, and agrees, within thirty days of the end of the fiscal year, to make copies of the financial statement and review available to the county department of human services; board of alcohol, drug addiction, and mental health services; county board of mental retardation and developmental disabilities; or department of human services, mental health, or mental retardation and developmental disabilities DEPARTMENT OR LOCAL AGENCY contracting for the services;

(10)(9) That the provider agrees, if required to do so by the director of the county department of human services; board of alcohol, drug addiction, and mental health services; or county board of mental retardation and developmental disabilities DEPARTMENT OR LOCAL AGENCY on the basis of evidence of misuse or improper accounting of funds or substantial errors in determinations of eligibility for which the provider is responsible, to have conducted an independent audit of TITLE XX expenditures or determinations of eligibility, or both under the program, and TO make copies of the audit available to the county department of human services; board of alcohol, drug addiction, and mental health services; county board of mental retardation and developmental disabilities, or department of human services, mental health, or mental retardation and developmental disabilities DEPARTMENT OR LOCAL AGENCY contracting for the services. The amount of any adverse findings against a provider shall not be subject to payment from combined federal and state funds or local share. A department or board may terminate or refuse to enter into a provider contract on the basis of adverse findings in an audit required under this division. The cost of conducting audits required under this division shall be reimbursed under a subsequent or amended provider contract.

(11);

(10) That the provider agrees to retain all records pertaining to the provision of social services under the contract for at least three years after the end of the period covered by the contract and to make those records available for purposes of any audit required under division (B)(10) of this section BY THE DEPARTMENT OR LOCAL AGENCY CONTRACTING FOR SERVICES or conducted by the COUNTY AUDITOR, THE auditor of state, the federal government, or the department of human services, mental health, or mental retardation and developmental disabilities.

(11) ANY OTHER TERMS THAT THE BOARD OF COUNTY COMMISSIONERS OR THE COUNTY PROSECUTING ATTORNEY MAY REQUIRE.

(C) ANY OF THE THREE STATE DEPARTMENTS OR THEIR RESPECTIVE LOCAL AGENCIES MAY TERMINATE OR REFUSE TO ENTER INTO A PROVIDER CONTRACT IF THERE ARE ADVERSE FINDINGS IN AN AUDIT THE DEPARTMENT OR AGENCY REQUIRES TO BE CONDUCTED ON THE BASIS OF EVIDENCE OF MISUSE OR IMPROPER ACCOUNTING OF FUNDS OR SUBSTANTIAL ERRORS IN DETERMINATIONS OF ELIGIBILITY FOR WHICH THE PROVIDER IS RESPONSIBLE.

THE AMOUNT OF ANY ADVERSE FINDINGS AGAINST A PROVIDER SHALL NOT BE SUBJECT TO PAYMENT FROM THE FEDERAL FUNDS APPROPRIATED UNDER DIVISION (A) OF SECTION 5101.462 of the Revised Code, ANY STATE FUNDS APPROPRIATED SPECIFICALLY TO SUPPLEMENT THOSE FEDERAL FUNDS, OR ANY LOCAL SHARE OF TITLE XX FUNDS.

THE COST OF CONDUCTING AN AUDIT REQUIRED BY A DEPARTMENT OR ITS RESPECTIVE LOCAL AGENCY SHALL BE REIMBURSED UNDER A SUBSEQUENT OR AMENDED PROVIDER CONTRACT.

(C)(D) Purchases of child day-care under the WITH Title XX program FUNDS shall be made under a contract entered into by the provider of the services and the county department of human services in accordance with section 5104.32 of the Revised Code.

(D)(E) The departments of human services, mental health, and mental retardation and developmental disabilities shall adopt rules pursuant to section 111.15 IN ACCORDANCE WITH CHAPTER 119. of the Revised Code establishing sanctions against providers of services for noncompliance with the contract provisions required under division (B) of this section or for an adverse audit finding made under division (B)(10) of this section IN AN AUDIT REQUIRED BY THE DEPARTMENT OR LOCAL AGENCY CONTRACTING FOR SERVICES.

(E)(F) Except with regard to child day-care services, each county department of human services; board of alcohol, drug addiction, and mental health services; and county board of mental retardation and developmental disabilities OF THE DEPARTMENTS AND THEIR RESPECTIVE LOCAL AGENCIES shall establish a limit on its reimbursement of the unit costs of providers of services under contract with the department or board LOCAL AGENCY.

(F)(G) The county departments of human services; boards of alcohol, drug addiction, and mental health services; and county boards of mental retardation and developmental disabilities DEPARTMENTS AND THEIR RESPECTIVE LOCAL AGENCIES shall determine the eligibility of persons each serves directly. They THE RESPECTIVE LOCAL AGENCIES shall also complete MONTHLY, QUARTERLY, OR semiannual reports for THE services provided THEY PROVIDE directly in the same format as that required under division (B)(3) of this section OF PROVIDERS UNDER CONTRACT TO PROVIDE SERVICES. Each county department of human services; board of alcohol, drug addiction, and mental health services; and county board of mental retardation and developmental disabilities LOCAL AGENCY shall retain records pertaining to Title XX social services for at least three years. The departments and boards LOCAL AGENCIES shall provide their respective state departments with copies of provider monthly reports and the semiannual reports on direct services within thirty days of the end of each six-month REPORTING period. EACH LOCAL AGENCY ALSO SHALL SUBMIT TO ITS RESPECTIVE STATE DEPARTMENT A COPY OF EACH REPORT RECEIVED FROM THE PROVIDERS WITH WHICH THEY CONTRACT. THE COPY SHALL BE SUBMITTED WITHIN THIRTY DAYS AFTER THE LOCAL AGENCY RECEIVES THE REPORT FROM THE PROVIDER.

(G) No county department of human services; board of alcohol, drug addiction, and mental health services; or county board of mental retardation and developmental disabilities shall require fees or other charges from a provider of services as a condition for receiving a contract for the purchase of services.

(H) The county department of human services may make eligibility determinations if it concludes that doing so would benefit clients or result in more efficient operation ADMINISTRATION OR PROVISION of the Title XX social services program in the county, or if it concludes that a provider is making unsatisfactory eligibility determinations.

Sec. 5101.464. (A) The FOR EACH STATE FISCAL YEAR, THE departments of human services, mental health, and mental retardation and developmental disabilities shall, no later than one hundred eighty days following the end of each biennium, prepare a report of the number of persons served and expenditures for each service and eligibility category. During the biennium ON ITS ACTIVITIES CARRIED OUT WITH THE FUNDS IT RECEIVES FOR TITLE XX SOCIAL SERVICES. THE REPORTS SHALL BE COMPLETED NOT LATER THAN ONE HUNDRED EIGHTY DAYS FOLLOWING THE END OF THE FISCAL YEAR. IN COMPLETING THE REPORTS, THE DEPARTMENTS AND THEIR RESPECTIVE LOCAL AGENCIES SHALL PROVIDE INFORMATION AS NECESSARY TO COMPLETE THE REPORTS IN ACCORDANCE WITH DIVISION (B) OF SECTION 5101.97 of the Revised Code. THE DEPARTMENTS OF MENTAL HEALTH AND MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES SHALL SUBMIT THEIR REPORTS TO the department of human services, WHICH shall combine the reports from the departments of mental health and mental retardation and developmental disabilities with its report and. ON COMPLETION OF THE COMBINED REPORT, THE DEPARTMENT shall submit a copy of the combined report to the governor, the speaker of the house of representatives, the president of the senate, and the secretary OF THE UNITED STATES DEPARTMENT of health and human services. The

THE department of human services shall make all reports received under this division available for inspection by the public.

(B) Not less often than every two years, each department shall commission an entity independent of the department to conduct an audit of the department's TITLE XX expenditures under the Title XX program, in accordance with generally accepted auditing principles. Within thirty days following the completion of each audit, each department shall submit a copy of its audit to the general assembly and to the secretary UNITED STATES DEPARTMENT of health and human services.

Sec. 5101.465. WITH THE APPROVAL OF THE CONTROLLING BOARD, THE DEPARTMENT OF HUMAN SERVICES MAY TRANSFER STATE OR FEDERAL FUNDS APPROPRIATED FOR PURPOSES OF CHAPTER 5107. of the Revised Code TO BE USED FOR THE PROVISION OF TITLE XX SOCIAL SERVICES. NOTWITHSTANDING THE PROVISIONS OF SECTIONS 5101.46 AND 5101.462 of the Revised Code THAT SPECIFY THE MANNER IN WHICH TITLE XX FUNDS ARE TO BE DISTRIBUTED, THE DEPARTMENT MAY DIRECT THE FUNDS TRANSFERRED UNDER THIS SECTION SOLELY TO THE COUNTY DEPARTMENT OF HUMAN SERVICES OR A PUBLIC CHILDREN SERVICES AGENCY TO BE USED AS DIRECTED BY THE DEPARTMENT.

THE DEPARTMENT MAY ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. of the Revised Code AS NECESSARY TO IMPLEMENT THIS SECTION. THE RULES MAY DESIGNATE THE SOCIAL SERVICES FOR WHICH THE FUNDS TRANSFERRED UNDER THIS SECTION MAY BE USED, ESTABLISH ELIGIBILITY CRITERIA TO BE USED IN PROVIDING SOCIAL SERVICES WITH THE FUNDS, AND ESTABLISH OTHER CONDITIONS OR REQUIREMENTS FOR THE PROVISION OF SOCIAL SERVICES WITH FUNDS RECEIVED PURSUANT TO THIS SECTION. THE RULES SHALL BE CONSISTENT WITH 42 U.S.C.A. 604(d).

Sec. 5101.54. (A) The department of human services shall administer THE food stamp assistance under PROGRAM IN ACCORDANCE WITH the "Food Stamp Act of 1977," 78 91 Stat. 703 958, 7 U.S.C.A. 2011, as amended. The department may:

(1) Prepare and submit to the secretary of the United States department of agriculture a plan for the administration of the food stamp program;

(2) Prescribe forms for applications, certificates, reports, records, and accounts of county departments of human services, and other matters;

(3) Require such reports and information from each county department of human services as may be necessary and advisable;

(4) Administer and expend any sums appropriated by the general assembly for the purposes of this section and all sums paid to the state by the United States as authorized by the Food Stamp Act of 1977;

(5) Conduct such investigations as are necessary;

(6) Enter into interagency agreements and cooperate with investigations conducted by the department of public safety, including providing information for investigative purposes, exchanging property and records, passing through federal financial participation, modifying any agreements with the United States department of agriculture, providing for the supply, security, and accounting of food stamp coupons for investigative purposes, and meeting any other requirements necessary for the detection and deterrence of illegal activities in the state food stamp program;

(7) Adopt rules for participation by IN ACCORDANCE WITH CHAPTER 119. of the Revised Code GOVERNING EMPLOYMENT AND TRAINING REQUIREMENTS OF recipients of food stamps in theJOBSprogram established under sections 5101.80 to 5101.94 STAMP BENEFITS, INCLUDING RULES SPECIFYING WHICH RECIPIENTS ARE SUBJECT TO THE REQUIREMENTS AND ESTABLISHING SANCTIONS FOR FAILURE TO SATISFY THE REQUIREMENTS. THE RULES SHALL BE CONSISTENT WITH 7 U.S.C.A. 2015 AND, TO THE EXTENT PRACTICABLE, MAY PROVIDE FOR FOOD STAMP BENEFIT RECIPIENTS TO UTILIZE EMPLOYMENT AND TRAINING PROGRAMS ESTABLISHED UNDER CHAPTER 5107. of the Revised Code as required by the "Food Security Act," 99 Stat. 1354 (1985), THAT ARE COMPARABLE TO PROGRAMS AUTHORIZED BY 7 U.S.C.A. 2011, as amended; 2015(d)(4). THE RULES MAY REFERENCE RULES ADOPTED UNDER CHAPTER 5107. of the Revised Code GOVERNING EMPLOYMENT AND TRAINING PROGRAMS ESTABLISHED UNDER THAT CHAPTER.

(8) Provide, by rule or otherwise, for procedures to carry out ADOPT RULES IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE THAT ARE CONSISTENT WITH THE FOOD STAMP ACT OF 1977, AS AMENDED, AND REGULATIONS PROMULGATED THEREUNDER GOVERNING THE FOLLOWING:

(a) ELIGIBILITY REQUIREMENTS FOR THE FOOD STAMP PROGRAM;

(b) SANCTIONS FOR FAILURE TO COMPLY WITH ELIGIBILITY REQUIREMENTS;

(c) ALLOTMENT OF FOOD STAMP COUPONS;

(d) TO THE EXTENT PERMITTED UNDER FEDERAL STATUTES AND REGULATIONS, A SYSTEM UNDER WHICH SOME OR ALL RECIPIENTS OF FOOD STAMP BENEFITS SUBJECT TO EMPLOYMENT AND TRAINING REQUIREMENTS ESTABLISHED BY RULES ADOPTED UNDER DIVISION (A)(7) OF THIS SECTION RECEIVE FOOD STAMP BENEFITS AFTER SATISFYING THE REQUIREMENTS;

(e) ADMINISTRATION OF THE PROGRAM BY COUNTY DEPARTMENTS OF HUMAN SERVICES;

(f) OTHER REQUIREMENTS NECESSARY FOR THE efficient administration of the program by county departments of human services.

(9) SUBMIT A PLAN TO THE UNITED STATES SECRETARY OF AGRICULTURE FOR THE DEPARTMENT TO OPERATE A SIMPLIFIED FOOD STAMP PROGRAM PURSUANT TO 7 U.S.C.A. 2035 UNDER WHICH REQUIREMENTS GOVERNING ASSISTANCE PROVIDED UNDER CHAPTER 5107. OF THE REVISED CODE ALSO GOVERN THE FOOD STAMP PROGRAM IN THE CASE OF HOUSEHOLDS RECEIVING FOOD STAMP BENEFITS AND ASSISTANCE UNDER THAT CHAPTER.

(B) Except while in the custody of the United States postal service, food stamps and any document necessary to obtain food stamps are the property of the department of human services from the time they are received in accordance with federal regulations by the department from the federal agency responsible for such delivery until they are received by a household entitled to receive them or by the authorized representative of the household.

(C) A household that is entitled to receive food stamps under the "Food Stamp Act of 1977," 78 91 Stat. 703 958, 7 U.S.C.A. 2011, as amended, and that is determined to be in immediate need of food assistance, shall receive certification of eligibility for program benefits, pending verification, within twenty-four SEVENTY-TWO hours after application, if:

(1) The results of the application interview indicate that the household will be eligible upon full verification;

(2) Information sufficient to confirm the statements in the application has been obtained from at least one additional source, not a member of the applicant's household. Such information shall be recorded in the case file, and shall include:

(a) The name of the person who provided the name of the information source;

(b) The name and address of the information source;

(c) A summary of the information obtained.

The period of temporary eligibility shall not exceed one month from the date of certification of temporary eligibility. If eligibility is established by full verification, benefits shall continue without interruption as long as eligibility continues.

(D) All applications shall be approved or denied through full verification within thirty days from receipt of the application by the county department of human services.

(E) Nothing in this section shall be construed to prohibit the certification of households that qualify under federal regulations to receive food stamps without charge under the "Food Stamp Act of 1964 1977," 78 91 Stat. 703 958, 7 U.S.C.A. 2011, as amended.

(F) Any person who applies for food stamps under this section shall receive a voter registration application under section 3503.10 of the Revised Code.

Sec. 5101.544. Subject to the terms and conditions of IF THE BENEFITS OF A HOUSEHOLD ARE REDUCED UNDER A FEDERAL, STATE, OR LOCAL MEANS-TESTED PUBLIC ASSISTANCE PROGRAM FOR FAILURE OF A MEMBER OF THE HOUSEHOLD TO PERFORM AN ACTION REQUIRED UNDER THE PROGRAM, THE HOUSEHOLD MAY NOT RECEIVE, FOR THE DURATION OF THE REDUCTION, AN INCREASED ALLOTMENT OF FOOD STAMP BENEFITS AS THE RESULT OF A DECREASE IN THE INCOME OF THE HOUSEHOLD TO THE EXTENT THAT THE DECREASE IS THE RESULT OF THE REDUCTION. TO THE EXTENT FEDERAL LAW AND REGULATIONS OR A federal waivers granted pursuant to an application made under section 5101.09 of the Revised Code, a sanction or WAIVER PERMIT, AN incentive payment under the LEAP program established under section 5107.30 of the Revised Code and a sanction under theJOBSprogram established under sections 5101.80 to 5101.94 of the Revised Code shall not change the amount RESULT IN A DECREASE IN THE ALLOTMENT of food stamps a food stamps recipient is eligible to receive STAMP BENEFITS A HOUSEHOLD RECEIVES.

If any provision of this section conflicts with the terms and conditions of a federal waiver granted pursuant to an application made under section 5101.09 THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. of the Revised Code, TO IMPLEMENT THIS SECTION. THE RULES SHALL BE CONSISTENT WITH 7 U.S.C.A. 2017(d), FEDERAL REGULATIONS, AND the terms and conditions of the federal waiver prevail AUTHORIZING THE LEAP PROGRAM.

Sec. 5101.58. The acceptance of aid pursuant to Chapter 5107., 5111., or 5115. of the Revised Code gives a right of subrogation to the department of human services and the department of human services of any county against the liability of a third party for the cost of medical services and care arising out of injury, disease, or disability of the recipient. When an action or claim is brought against a third party by a recipient of aid under Chapter 5107., 5111., or 5115. of the Revised Code, the entire amount of any settlement or compromise of the action or claim, or any court award or judgment, is subject to the subrogation right of the department of human services or the department of human services of any county. The department's subrogated claim shall not exceed the amount of medical expenses paid by the departments on behalf of the recipient. Any settlement, compromise, judgment, or award that excludes the cost of medical services or care shall not preclude the departments from enforcing their rights under this section.

Prior to initiating any recovery action, the recipient or his THE RECIPIENT'S representative shall disclose the identity of any third party against whom the recipient has or may have a right of recovery. Disclosure shall be made to the department of human services when medical expenses have been paid pursuant to Chapter 5107., 5111., or 5115. of the Revised Code. Disclosure shall be made to both the department of human services and the appropriate county department of human services when medical expenses have been paid pursuant to Chapter 5115. of the Revised Code. No settlement, compromise, judgment, or award or any recovery in any action or claim by a recipient where the departments have a right of subrogation shall be made final without first giving the appropriate departments notice and a reasonable opportunity to perfect their rights of subrogation. If the departments are not given appropriate notice, the recipient is liable to reimburse the departments for the recovery received to the extent of medical payments made by the departments. The departments shall be permitted to enforce their subrogation rights against the third party even though they accepted prior payments in discharge of their rights under this section if, at the time the departments received such payments, they were not aware that additional medical expenses had been incurred but had not yet been paid by the departments. The third party becomes liable to the department of human services or county department of human services as soon as the third party is notified in writing of the valid claims for subrogation under this section.

Subrogation does not apply to that portion of any judgment, award, settlement, or compromise of a claim, to the extent of attorneys' fees, costs, or other expenses incurred by a recipient in securing the judgment, award, settlement, or compromise, or to the extent of medical, surgical, and hospital expenses paid by such recipient from his THE RECIPIENT'S own resources. Attorney fees and costs or other expenses in securing any recovery shall not be assessed against any subrogated claims of the departments.

To enforce their subrogation rights, the departments may do any of the following:

(A) Intervene or join in any action or proceeding brought by the recipient or on his THE RECIPIENT'S behalf against any third party who may be liable for the cost of medical services and care arising out of the recipient's injury, disease, or disability;

(B) Institute and pursue legal proceedings against any third party who may be liable for the cost of medical services and care arising out of the recipient's injury, disease, or disability;

(C) Initiate legal proceedings in conjunction with the injured, diseased, or disabled recipient or his THE RECIPIENT'S legal representative.

Subrogation rights created by this section may be enforced separately or jointly by the department of human services and the county department of human services.

The right of subrogation given to the department under this section does not include rights to support from any other person assigned to the state under sections 5107.07 5107.11 and 5115.13 of the Revised Code, but includes payments made by a third party under contract with a person having a duty to support.

Sec. 5101.59. (A) The application for or acceptance of aid under Chapter 5107., 5111., or 5115. of the Revised Code constitutes an automatic assignment of certain rights to the department of human services. This assignment includes the rights of the applicant or recipient and also the rights of any other member of the assistance group for whom the applicant or recipient can legally make an assignment.

Pursuant to this section, the applicant or recipient assigns to the department any rights to medical support available to him THE RECIPIENT or for other members of the assistance group under an order of a court or administrative agency, and any rights to payments from any third party liable to pay for the cost of medical care and services arising out of injury, disease, or disability of the applicant or recipient or other members of the assistance group.

Medicare benefits shall not be assigned pursuant to this section. Benefits assigned to the department by operation of this section are directly reimbursable to the department by liable third parties.

(B) Refusal by the applicant or recipient to cooperate in obtaining medical support and payments for himself SELF or any other member of the assistance group renders the applicant or recipient ineligible for assistance, unless cooperation is waived by the department. Eligibility shall continue for any individual who cannot legally assign his THE INDIVIDUAL'S own rights and who would have been eligible for assistance but for the refusal to assign his THE INDIVIDUAL'S rights or to cooperate as required by this section by another person legally able to assign his THE INDIVIDUAL'S rights.

If the applicant or recipient or any member of the assistance group becomes ineligible for aid under Chapter 5107., 5111., or 5115. of the Revised Code, the department shall restore to him THE APPLICANT, RECIPIENT, OR MEMBER OF THE ASSISTANCE GROUP any future rights to benefits assigned under this section.

The rights of assignment given to the department under this section do not include rights to support assigned under section 5107.07 5107.11 or 5115.13 of the Revised Code.

(C) THE DEPARTMENT MAY ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. of the Revised Code TO IMPLEMENT THIS SECTION, INCLUDING RULES THAT SPECIFY WHAT CONSTITUTES COOPERATING WITH EFFORTS TO OBTAIN MEDICAL SUPPORT AND PAYMENTS AND WHEN THE COOPERATION REQUIREMENT MAY BE WAIVED.

Sec. 5101.95. (A) The department of human services may require, as a condition of continued eligibility for assistance, proof of immunizations of all children under age nineteen in assistance groups receiving benefits under any of the following:

(1) The OHIO WORKS COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER CHAPTER 5107. of the Revised Code OR THE disability assistance program established under Chapter 5115. of the Revised Code;

(2) To the extent permitted by federal law, the aid to dependent children program established under Chapter 5107. of the Revised Code, the medical assistance program established under section 5111.01 of the Revised Code, or Title XX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended.

The immunizations for which the department may require proof under this section may only include immunization against mumps, poliomyelitis, diphtheria, pertussis, tetanus, rubeola, and rubella. The department shall not require proof of immunization of applicants for assistance who are not currently receiving assistance.

The department may pay the cost of the immunizations. If the department does not pay the cost, boards of health shall provide at the public expense, without delay, the immunizations required for assistance groups to continue eligibility for assistance.

(B) If the department of human services implements division (A) of this section and a member of an aid to dependent children assistance group RECEIVING BENEFITS UNDER THE OHIO WORKS COMPONENT who is responsible for another member of the assistance group for whom proof of immunization is required as condition of eligibility for aid to dependent children OHIO WORKS fails to provide the proof, ineligibility for aid to dependent children OHIO WORKS shall result as follows:

(1) For a first failure, the responsible member of the assistance group is ineligible for aid to dependent children until the failure ceases or one payment month, whichever is longer COUNTY DEPARTMENT OF HUMAN SERVICES SHALL ISSUE A WRITTEN WARNING TO THE ASSISTANCE GROUP ADVISING THAT A SECOND OR SUBSEQUENT VIOLATION WILL RESULT IN SANCTION UNDER DIVISION (B)(2) OR (3) OF THIS SECTION;

(2) For a second failure, each member of the assistance group is ineligible for aid to dependent children until the failure ceases or one payment month, whichever is longer;

(3) For a third OR SUBSEQUENT failure, each member of the assistance group is ineligible for aid to dependent children until the failure ceases or two SIX payment months, whichever is longer;

(4) For a fourth or subsequent failure, each member of the assistance group is ineligible for aid to dependent children until the failure ceases or six payment months, whichever is longer.

(C) If a MINOR CHILD recipient of aid to dependent children under age eighteen THE OHIO WORKS COMPONENT is a member of an assistance group sanctioned under division (B)(2), OR (3), or (4) of this section, the sanction applied to the recipient shall cease if the recipient ceases to reside with a specified relative, as defined by rules adopted pursuant to section 5107.03 of the Revised Code, AN ADULT who was a member of the sanctioned assistance group, unless the recipient is the responsible member of the assistance group who caused the sanction. The sanction shall continue for all other members of the assistance group for the amount of time specified in division (B)(2), OR (3), or (4) of this section. AS USED IN THIS DIVISION, "ADULT" AND "MINOR CHILD" HAVE THE SAME MEANINGS AS IN SECTION 5107.01 of the Revised Code.

(D) A person who would be eligible for aid to dependent children BENEFITS UNDER THE OHIO WORKS COMPONENT if not for this section is eligible for medical assistance under Chapter 5111. of the Revised Code.

(E) The department OF HUMAN SERVICES may adopt rules in accordance with section 111.15 CHAPTER 119. of the Revised Code to implement this section.

Sec. 5101.97. (A) Not later than January 1, 1996, and the first day of each July and January thereafter, the department of human services shall submit four reports, one for each of the following:

(A) The job opportunities and basic skills training program (1) WORK ACTIVITIES AND ALTERNATIVE WORK ACTIVITIES established under section 5101.81 SECTIONS 5107.40 TO 5107.68 of the Revised Code;

(B)(2) Programs of publicly funded child day-care, as defined in section 5104.01 of the Revised Code;

(C)(3) Child support enforcement programs;

(D)(4) Births to recipients of the medical assistance program established under Chapter 5111. of the Revised Code.

The department shall submit the four semiannual reports to the speaker and minority leader of the house of representatives, the president and minority leader of the senate, the legislative budget officer, the director of budget and management, and each board of county commissioners. Each report shall address the six-month period that ended six months prior to the deadline for the report to be submitted. The department shall provide copies of each report to any person or government entity on request.

In designing the format for each report, the department shall consult with individuals, organizations, and government entities interested in the operation of the program to which the report will pertain, so that it is designed to enable the general assembly and the public to evaluate the program's effectiveness and identify any needs the program is not meeting. The department shall complete the format for each of the four reports no later than September 30, 1995.

(B) WHENEVER THE FEDERAL GOVERNMENT REQUIRES THAT THE DEPARTMENT SUBMIT A REPORT ON A PROGRAM THAT IS OPERATED BY THE DEPARTMENT OR IS OTHERWISE UNDER THE DEPARTMENT'S JURISDICTION, THE DEPARTMENT SHALL PREPARE AND SUBMIT THE REPORT IN ACCORDANCE WITH THE FEDERAL REQUIREMENTS APPLICABLE TO THAT REPORT. TO THE EXTENT POSSIBLE, THE DEPARTMENT MAY COORDINATE THE PREPARATION AND SUBMISSION OF A PARTICULAR REPORT WITH ANY OTHER REPORT, PLAN, OR OTHER DOCUMENT REQUIRED TO BE SUBMITTED TO THE FEDERAL GOVERNMENT, AS WELL AS WITH THE REPORTS REQUIRED TO BE SUBMITTED TO THE GENERAL ASSEMBLY, INCLUDING THE REPORTS PREPARED PURSUANT TO THIS SECTION AND SECTIONS 5101.14, 5101.324, 5101.46, 5101.461, 5101.464, 5101.71, 5103.154, 5104.39, 5107.18, 5111.09, 5111.34, 5111.341, AND 5115.012 OF THE REVISED CODE.

Sec. 5101.99. (A) Except as provided under section 5101.88 or 5101.881 of the Revised Code, any person, other than an employer of persons under sections 5101.80 to 5101.94 of the Revised Code, who violates section 5101.94 of the Revised Code shall be denied assistance under Chapter 5107. of the Revised Code for six months following the determination of such violation.

(B) Any employer who violates section 5101.94 of the Revised Code shall be subject to a fine of one thousand dollars and imprisonment for six months.

(C) Whoever violates division (A) or (B) of section 5101.61 of the Revised Code shall be fined not more than five hundred dollars.

(D)(B) Whoever violates division (F) of section 5101.31 of the Revised Code shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both.

(C) WHOEVER VIOLATES DIVISION (A) OF SECTION 5101.27 of the Revised Code IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.

Sec. 5103.02. As used in sections 5103.03 to 5103.19 of the Revised Code:

(A) "Institution" or "association" includes any incorporated or unincorporated organization, society, association, or agency, public or private, that receives or cares for children for two or more consecutive weeks; any individual who, for hire, gain, or reward, receives or cares for children for two or more consecutive weeks, unless the individual is related to them by blood or marriage; and any individual not in the regular employ of a court, or of an institution or association certified in accordance with section 5103.03 of the Revised Code, who in any manner becomes a party to the placing of children in foster homes, unless the individual is related to such children by blood or marriage, or is the appointed guardian of such children; provided, that any organization, society, association, school, agency, child guidance center, detention or rehabilitation facility, or children's clinic licensed, regulated, approved, operated under the direction of, or otherwise certified by the department of education, a local board of education, the department of youth services, the department of mental health, or the department of mental retardation and developmental disabilities, or any individual who provides care for only a single-family group, placed there by their parents or other relative having custody, shall not be considered as being within the purview of these sections.

(B) "Family foster home," "foster home," "private child placing agency," "private noncustodial agency," "public children services agency," and "treatment foster home" have HAS the same meanings MEANING as in section 2151.011 of the Revised Code.

(C) "TREATMENT FOSTER HOME" MEANS A FAMILY FOSTER HOME THAT INCORPORATES SPECIAL PSYCHOLOGICAL OR MEDICAL TREATMENT DESIGNED TO CARE FOR THE SPECIFIC NEEDS OF THE CHILDREN RECEIVED IN THE FAMILY FOSTER HOME AND THAT RECEIVES AND CARES FOR CHILDREN WHO ARE EMOTIONALLY OR BEHAVIORALLY DISTURBED, MEDICALLY FRAGILE REQUIRING SPECIAL MEDICAL TREATMENT DUE TO PHYSICAL AILMENT OR CONDITION, MENTALLY RETARDED, OR DEVELOPMENTALLY DISABLED.

Sec. 5103.154. (A) Information concerning all children who are, pursuant to section 2151.353 or 5103.15 of the Revised Code, in the permanent custody of an institution or association certified by the department of human services under section 5103.03 of the Revised Code shall be listed with the department of human services within ninety days after permanent custody is effective, unless the child has been placed for adoption or unless an application for placement was initiated under section 5103.16 of the Revised Code.

(B) All persons who wish to adopt children, and are approved by an agency so empowered under this chapter, shall be listed with the department of human services within ninety days of approval, unless a person requests in writing that that person's name not be so listed, or has had a child placed in that person's home in preparation for adoption, or has filed a petition for adoption.

(C) All persons who wish to adopt a child with special needs as defined in rules adopted under section 5153.163 of the Revised Code, and who are approved by an agency so empowered under this chapter, shall be listed separately by the department of human services within ninety days of approval, unless a person requests in writing that that person's name not be so listed, or has had a child with special needs placed in that person's home in preparation for adoption, or has filed a petition for adoption.

(D) The department shall forward information on such children and listed persons at least quarterly, to all county departments of human services, county PUBLIC children services boards, AGENCIES and all certified agencies.

(E) The appropriate listed names shall be removed when a child is placed in an adoptive home or when a person withdraws an application for adoption.

(F) No later than six months after the end of each fiscal year, the department of human services shall compile a report of its conclusions regarding the effectiveness of its actions pursuant to this section and of the restrictions on placement under division (E) of section 5153.163 of the Revised Code in increasing adoptive placements of children with special needs, together with its recommendations, and shall submit a copy of the report to the chairpersons of the principal committees of the senate and the house of representatives who consider welfare legislation.

Sec. 5104.01. As used in this chapter:

(A) "ADJUSTED INCOME" MEANS INCOME, AS DEFINED IN RULES ADOPTED UNDER SECTION 5107.07 of the Revised Code, MINUS ANY ADJUSTMENTS ALLOWED IN RULES ADOPTED UNDER SECTION 5104.38 of the Revised Code.

(B) "ADMINISTRATOR" MEANS THE PERSON RESPONSIBLE FOR THE DAILY OPERATION OF A CENTER OR TYPE A HOME. THE ADMINISTRATOR AND THE OWNER MAY BE THE SAME PERSON.

(C) "APPROVED CHILD DAY CAMP" MEANS A CHILD DAY CAMP APPROVED PURSUANT TO SECTION 5104.22 of the Revised Code.

(D) "AUTHORIZED PROVIDER" MEANS A PERSON AUTHORIZED BY A COUNTY DIRECTOR OF HUMAN SERVICES TO OPERATE A CERTIFIED TYPE B FAMILY DAY-CARE HOME.

(E) "AVERAGE HOURLY COST OF CARE" MEANS THE AVERAGE AMOUNT CHARGED BY A PARTICULAR LICENSED CHILD DAY-CARE CENTER, LICENSED TYPE A FAMILY DAY-CARE HOME, CERTIFIED TYPE B FAMILY DAY-CARE HOME, CERTIFIED IN-HOME AIDE, APPROVED CHILD DAY CAMP, LICENSED PRESCHOOL PROGRAM, OR LICENSED SCHOOL CHILD PROGRAM FOR PROVIDING CHILD CARE SERVICES TO ONE CHILD FOR ONE HOUR, WHICH SHALL BE CALCULATED FOR EACH AGE CATEGORY OF CHILD SERVED IN ACCORDANCE WITH RULES ADOPTED PURSUANT TO CHAPTER 119. of the Revised Code.

(F) "CARETAKER PARENT" MEANS THE FATHER OR MOTHER OF A CHILD WHOSE PRESENCE IN THE HOME IS NEEDED AS THE CARETAKER OF THE CHILD, A PERSON WHO HAS LEGAL CUSTODY OF A CHILD AND WHOSE PRESENCE IN THE HOME IS NEEDED AS THE CARETAKER OF THE CHILD, A GUARDIAN OF A CHILD WHOSE PRESENCE IN THE HOME IS NEEDED AS THE CARETAKER OF THE CHILD, AND ANY OTHER PERSON WHO STANDS IN LOCO PARENTIS WITH RESPECT TO THE CHILD AND WHOSE PRESENCE IN THE HOME IS NEEDED AS THE CARETAKER OF THE CHILD.

(G) "CERTIFIED TYPE B FAMILY DAY-CARE HOME" AND "CERTIFIED TYPE B HOME" MEAN A TYPE B FAMILY DAY-CARE HOME THAT IS CERTIFIED BY THE DIRECTOR OF THE COUNTY DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 5104.11 of the Revised Code TO RECEIVE PUBLIC FUNDS FOR PROVIDING CHILD DAY-CARE PURSUANT TO THIS CHAPTER AND ANY RULES ADOPTED UNDER IT.

(H) "CHARTERED NONPUBLIC SCHOOL" MEANS A SCHOOL THAT MEETS STANDARDS FOR NONPUBLIC SCHOOLS PRESCRIBED BY THE STATE BOARD OF EDUCATION FOR NONPUBLIC SCHOOLS PURSUANT TO SECTION 3301.07 of the Revised Code.

(I) "CHILD" INCLUDES AN INFANT, TODDLER, PRESCHOOL CHILD, OR SCHOOL CHILD.

(J) "CHILD CARE BLOCK GRANT ACT" MEANS THE "CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990," ESTABLISHED IN SECTION 5082 OF THE "OMNIBUS BUDGET RECONCILIATION ACT OF 1990," 104 STAT. 1388-236 (1990), 42 U.S.C. 9858, AS AMENDED.

(K) "CHILD DAY CAMP" MEANS A PROGRAM IN WHICH ONLY SCHOOL CHILDREN ATTEND OR PARTICIPATE, THAT OPERATES FOR NO MORE THAN SEVEN HOURS PER DAY, THAT OPERATES ONLY DURING ONE OR MORE PUBLIC SCHOOL DISTRICT'S REGULAR VACATION PERIODS OR FOR NO MORE THAN FIFTEEN WEEKS DURING THE SUMMER, AND THAT OPERATES OUTDOOR ACTIVITIES FOR EACH CHILD WHO ATTENDS OR PARTICIPATES IN THE PROGRAM FOR A MINIMUM OF FIFTY PER CENT OF EACH DAY THAT CHILDREN ATTEND OR PARTICIPATE IN THE PROGRAM, EXCEPT FOR ANY DAY WHEN HAZARDOUS WEATHER CONDITIONS PREVENT THE PROGRAM FROM OPERATING OUTDOOR ACTIVITIES FOR A MINIMUM OF FIFTY PER CENT OF THAT DAY. FOR PURPOSES OF THIS DIVISION, THE MAXIMUM SEVEN HOURS OF OPERATION TIME DOES NOT INCLUDE TRANSPORTATION TIME FROM A CHILD'S HOME TO A CHILD DAY CAMP AND FROM A CHILD DAY CAMP TO A CHILD'S HOME.

(L) "Child day-care" means administering to the needs of infants, toddlers, pre-school PRESCHOOL children, and school children outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage, or adoption for any part of the twenty-four-hour day in a place or residence other than a child's own home.

(B)(M) "CHILD DAY-CARE CENTER" AND "CENTER" MEAN ANY PLACE IN WHICH CHILD DAY-CARE OR PUBLICLY FUNDED CHILD DAY-CARE IS PROVIDED FOR THIRTEEN OR MORE CHILDREN AT ONE TIME OR ANY PLACE THAT IS NOT THE PERMANENT RESIDENCE OF THE LICENSEE OR ADMINISTRATOR IN WHICH CHILD DAY-CARE OR PUBLICLY FUNDED CHILD DAY-CARE IS PROVIDED FOR SEVEN TO TWELVE CHILDREN AT ONE TIME. IN COUNTING CHILDREN FOR THE PURPOSES OF THIS DIVISION, ANY CHILDREN UNDER SIX YEARS OF AGE WHO ARE RELATED TO A LICENSEE, ADMINISTRATOR, OR EMPLOYEE AND WHO ARE ON THE PREMISES OF THE CENTER SHALL BE COUNTED. "CHILD DAY-CARE CENTER" AND "CENTER" DO NOT INCLUDE ANY OF THE FOLLOWING:

(1) A PLACE LOCATED IN AND OPERATED BY A HOSPITAL, AS DEFINED IN SECTION 3727.01 of the Revised Code, IN WHICH THE NEEDS OF CHILDREN ARE ADMINISTERED TO, IF ALL THE CHILDREN WHOSE NEEDS ARE BEING ADMINISTERED TO ARE MONITORED UNDER THE ON-SITE SUPERVISION OF A PHYSICIAN LICENSED UNDER CHAPTER 4731. of the Revised Code OR A REGISTERED NURSE LICENSED UNDER CHAPTER 4723. of the Revised Code, AND THE SERVICES ARE PROVIDED ONLY FOR CHILDREN WHO, IN THE OPINION OF THE CHILD'S PARENT, GUARDIAN, OR CUSTODIAN, ARE EXHIBITING SYMPTOMS OF A COMMUNICABLE DISEASE OR OTHER ILLNESS OR ARE INJURED;

(2) A CHILD DAY CAMP;

(3) A PLACE LOCATED AT A CHILD DAY CAMP THAT PROVIDES CHILD DAY-CARE, BUT NOT PUBLICLY FUNDED CHILD DAY-CARE, TO PRESCHOOL CHILDREN IF ALL OF THE FOLLOWING APPLY:

(a) AN ORGANIZED RELIGIOUS BODY OPERATES THE CHILD DAY CAMP AND PROVIDES THE CHILD DAY-CARE;

(b) THE CHILD DAY CAMP IS REGISTERED WITH THE DEPARTMENT OF HUMAN SERVICES UNDER SECTION 5104.21 of the Revised Code;

(c) A PARENT, CUSTODIAN, OR GUARDIAN OF AT LEAST ONE PRESCHOOL CHILD RECEIVING CHILD DAY-CARE AT THE CHILD DAY CAMP IS ON THE PREMISES AND READILY ACCESSIBLE AT ALL TIMES;

(d) THE CHILD DAY-CARE IS NOT PROVIDED FOR MORE THAN THIRTY DAYS A YEAR;

(e) THE CHILD DAY-CARE IS PROVIDED WHILE SCHOOL CHILDREN ATTEND THE CHILD DAY CAMP.

(N) "CHILD DAY-CARE RESOURCE AND REFERRAL SERVICE ORGANIZATION" MEANS A COMMUNITY-BASED NONPROFIT ORGANIZATION THAT PROVIDES CHILD DAY-CARE RESOURCE AND REFERRAL SERVICES BUT NOT CHILD DAY-CARE.

(O) "CHILD DAY-CARE RESOURCE AND REFERRAL SERVICES" MEANS ALL OF THE FOLLOWING SERVICES:

(1) MAINTENANCE OF A UNIFORM DATA BASE OF ALL CHILD DAY-CARE PROVIDERS IN THE COMMUNITY THAT ARE IN COMPLIANCE WITH THIS CHAPTER, INCLUDING CURRENT OCCUPANCY AND VACANCY DATA;

(2) PROVISION OF INDIVIDUALIZED CONSUMER EDUCATION TO FAMILIES SEEKING CHILD DAY-CARE;

(3) PROVISION OF TIMELY REFERRALS OF AVAILABLE CHILD DAY-CARE PROVIDERS TO FAMILIES SEEKING CHILD DAY-CARE;

(4) RECRUITMENT OF CHILD DAY-CARE PROVIDERS;

(5) ASSISTANCE IN THE DEVELOPMENT, CONDUCT, AND DISSEMINATION OF TRAINING FOR CHILD DAY-CARE PROVIDERS AND PROVISION OF TECHNICAL ASSISTANCE TO CURRENT AND POTENTIAL CHILD DAY-CARE PROVIDERS, EMPLOYERS, AND THE COMMUNITY;

(6) COLLECTION AND ANALYSIS OF DATA ON THE SUPPLY OF AND DEMAND FOR CHILD DAY-CARE IN THE COMMUNITY;

(7) TECHNICAL ASSISTANCE CONCERNING LOCALLY, STATE, AND FEDERALLY FUNDED CHILD DAY-CARE AND EARLY CHILDHOOD EDUCATION PROGRAMS;

(8) STIMULATION OF EMPLOYER INVOLVEMENT IN MAKING CHILD DAY-CARE MORE AFFORDABLE, MORE AVAILABLE, SAFER, AND OF HIGHER QUALITY FOR THEIR EMPLOYEES AND FOR THE COMMUNITY;

(9) PROVISION OF WRITTEN EDUCATIONAL MATERIALS TO CARETAKER PARENTS AND INFORMATIONAL RESOURCES TO CHILD DAY-CARE PROVIDERS;

(10) COORDINATION OF SERVICES AMONG CHILD DAY-CARE RESOURCE AND REFERRAL SERVICE ORGANIZATIONS TO ASSIST IN DEVELOPING AND MAINTAINING A STATEWIDE SYSTEM OF CHILD DAY-CARE RESOURCE AND REFERRAL SERVICES IF REQUIRED BY THE DEPARTMENT OF HUMAN SERVICES.

(P) "CHILD-CARE STAFF MEMBER" MEANS AN EMPLOYEE OF A CHILD DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME WHO IS PRIMARILY RESPONSIBLE FOR THE CARE AND SUPERVISION OF CHILDREN. THE ADMINISTRATOR MAY BE A PART-TIME CHILD-CARE STAFF MEMBER WHEN NOT INVOLVED IN OTHER DUTIES.

(Q) "DROP-IN CHILD DAY-CARE CENTER," "DROP-IN CENTER," "DROP-IN TYPE A FAMILY DAY-CARE HOME," AND "DROP-IN TYPE A HOME" MEAN A CENTER OR TYPE A HOME THAT PROVIDES CHILD DAY-CARE OR PUBLICLY FUNDED CHILD DAY-CARE FOR CHILDREN ON A TEMPORARY, IRREGULAR BASIS.

(R) "EMPLOYEE" MEANS A PERSON WHO EITHER:

(1) RECEIVES COMPENSATION FOR DUTIES PERFORMED IN A CHILD DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME;

(2) IS ASSIGNED SPECIFIC WORKING HOURS OR DUTIES IN A CHILD DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME.

(S) "EMPLOYER" MEANS A PERSON, FIRM, INSTITUTION, ORGANIZATION, OR AGENCY THAT OPERATES A CHILD DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME SUBJECT TO LICENSURE UNDER THIS CHAPTER.

(T) "FEDERAL POVERTY LINE" MEANS THE OFFICIAL POVERTY GUIDELINE AS REVISED ANNUALLY IN ACCORDANCE WITH SECTION 673(2) OF THE "OMNIBUS BUDGET RECONCILIATION ACT OF 1981," 95 STAT. 511, 42 U.S.C. 9902, AS AMENDED, FOR A FAMILY SIZE EQUAL TO THE SIZE OF THE FAMILY OF THE PERSON WHOSE INCOME IS BEING DETERMINED.

(U) "HEAD START PROGRAM" MEANS A COMPREHENSIVE CHILD DEVELOPMENT PROGRAM THAT RECEIVES FUNDS DISTRIBUTED UNDER THE "HEAD START ACT," 95 STAT. 499 (1981), 42 U.S.C. 9831, AS AMENDED, OR UNDER SECTION 3301.31 of the Revised Code.

(V) "INDICATOR CHECKLIST" MEANS AN INSPECTION TOOL, USED IN CONJUNCTION WITH AN INSTRUMENT-BASED PROGRAM MONITORING INFORMATION SYSTEM, THAT CONTAINS SELECTED LICENSING REQUIREMENTS THAT ARE STATISTICALLY RELIABLE INDICATORS OR PREDICTORS OF A CHILD DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME'S COMPLIANCE WITH LICENSING REQUIREMENTS.

(W) "INFANT" MEANS A CHILD WHO IS LESS THAN TWELVE MONTHS OF AGE, OR A CHILD WHO IS AT LEAST TWELVE MONTHS OF AGE BUT IS LESS THAN EIGHTEEN MONTHS OF AGE.

(X) "IN-HOME AIDE" MEANS A PERSON CERTIFIED BY A COUNTY DIRECTOR OF HUMAN SERVICES PURSUANT TO SECTION 5104.12 of the Revised Code TO PROVIDE PUBLICLY FUNDED CHILD DAY-CARE TO A CHILD IN A CHILD'S OWN HOME PURSUANT TO THIS CHAPTER AND ANY RULES ADOPTED UNDER IT.

(Y) "INSTRUMENT-BASED PROGRAM MONITORING INFORMATION SYSTEM" MEANS A METHOD TO ASSESS COMPLIANCE WITH LICENSING REQUIREMENTS FOR CHILD DAY-CARE CENTERS AND TYPE A FAMILY DAY-CARE HOMES IN WHICH EACH LICENSING REQUIREMENT IS ASSIGNED A WEIGHT INDICATIVE OF THE RELATIVE IMPORTANCE OF THE REQUIREMENT TO THE HEALTH, GROWTH, AND SAFETY OF THE CHILDREN THAT IS USED TO DEVELOP AN INDICATOR CHECKLIST.

(Z) "LICENSE CAPACITY" MEANS THE MAXIMUM NUMBER IN EACH AGE CATEGORY OF CHILDREN WHO MAY BE CARED FOR IN A CHILD DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME AT ONE TIME AS DETERMINED BY THE DIRECTOR OF HUMAN SERVICES CONSIDERING BUILDING OCCUPANCY LIMITS ESTABLISHED BY THE DEPARTMENT OF COMMERCE, NUMBER OF AVAILABLE CHILD-CARE STAFF MEMBERS, AMOUNT OF AVAILABLE INDOOR FLOOR SPACE AND OUTDOOR PLAY SPACE, AND AMOUNT OF AVAILABLE PLAY EQUIPMENT, MATERIALS, AND SUPPLIES.

(AA) "LICENSED PRESCHOOL PROGRAM" OR "LICENSED SCHOOL CHILD PROGRAM" MEANS A PRESCHOOL PROGRAM OR SCHOOL CHILD PROGRAM, AS DEFINED IN SECTION 3301.52 of the Revised Code, THAT IS LICENSED BY THE DEPARTMENT OF EDUCATION PURSUANT TO SECTIONS 3301.52 TO 3301.59 of the Revised Code.

(BB) "LICENSEE" MEANS THE OWNER OF A CHILD DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME THAT IS LICENSED PURSUANT TO THIS CHAPTER AND WHO IS RESPONSIBLE FOR ENSURING ITS COMPLIANCE WITH THIS CHAPTER AND RULES PROMULGATED PURSUANT TO THIS CHAPTER.

(CC) "OPERATE A CHILD DAY CAMP" MEANS TO OPERATE, ESTABLISH, MANAGE, CONDUCT, OR MAINTAIN A CHILD DAY CAMP.

(DD) "OWNER" INCLUDES A PERSON, AS DEFINED IN SECTION 1.59 of the Revised Code, OR GOVERNMENT ENTITY.

(EE) "PARENT COOPERATIVE CHILD DAY-CARE CENTER," "PARENT COOPERATIVE CENTER," "PARENT COOPERATIVE TYPE A FAMILY DAY-CARE HOME," AND "PARENT COOPERATIVE TYPE A HOME" MEAN A CORPORATION OR ASSOCIATION ORGANIZED FOR PROVIDING EDUCATIONAL SERVICES TO THE CHILDREN OF MEMBERS OF THE CORPORATION OR ASSOCIATION, WITHOUT GAIN TO THE CORPORATION OR ASSOCIATION AS AN ENTITY, IN WHICH THE SERVICES OF THE CORPORATION OR ASSOCIATION ARE PROVIDED ONLY TO CHILDREN OF THE MEMBERS OF THE CORPORATION OR ASSOCIATION, OWNERSHIP AND CONTROL OF THE CORPORATION OR ASSOCIATION RESTS SOLELY WITH THE MEMBERS OF THE CORPORATION OR ASSOCIATION, AND AT LEAST ONE PARENT-MEMBER OF THE CORPORATION OR ASSOCIATION IS ON THE PREMISES OF THE CENTER OR TYPE A HOME DURING ITS HOURS OF OPERATION.

(FF) "PART-TIME CHILD DAY-CARE CENTER," "PART-TIME CENTER," "PART-TIME TYPE A FAMILY DAY-CARE HOME," AND "PART-TIME TYPE A HOME" MEAN A CENTER OR TYPE A HOME THAT PROVIDES CHILD DAY-CARE OR PUBLICLY FUNDED CHILD DAY-CARE FOR NO MORE THAN FOUR HOURS A DAY FOR ANY CHILD.

(GG) "PLACE OF WORSHIP" MEANS A BUILDING WHERE ACTIVITIES OF AN ORGANIZED RELIGIOUS GROUP ARE CONDUCTED AND INCLUDES THE GROUNDS AND ANY OTHER BUILDINGS ON THE GROUNDS USED FOR SUCH ACTIVITIES.

(HH) "PRESCHOOL CHILD" MEANS A CHILD WHO IS THREE YEARS OLD OR OLDER BUT IS NOT A SCHOOL CHILD.

(II) "PROTECTIVE DAY-CARE" MEANS PUBLICLY FUNDED CHILD DAY-CARE FOR THE DIRECT CARE AND PROTECTION OF A CHILD TO WHOM EITHER OF THE FOLLOWING APPLIES:

(1) A CASE PLAN PREPARED AND MAINTAINED FOR THE CHILD PURSUANT TO SECTION 2151.412 of the Revised Code INDICATES A NEED FOR PROTECTIVE DAY-CARE AND THE CHILD RESIDES WITH A PARENT, STEPPARENT, GUARDIAN, OR ANOTHER PERSON WHO STANDS IN LOCO PARENTIS AS DEFINED IN RULES ADOPTED UNDER SECTION 5104.38 of the Revised Code;

(2) THE CHILD AND THE CHILD'S CARETAKER EITHER TEMPORARILY RESIDE IN A FACILITY PROVIDING EMERGENCY SHELTER FOR HOMELESS FAMILIES OR ARE DETERMINED BY THE COUNTY DEPARTMENT OF HUMAN SERVICES TO BE HOMELESS, AND ARE OTHERWISE INELIGIBLE FOR PUBLICLY FUNDED CHILD DAY-CARE.

(JJ) "Publicly funded child day-care" means administering to the needs of infants, toddlers, pre-school PRESCHOOL children, and school children during any part of the twenty-four-hour day by persons other than their caretaker parents for remuneration wholly or in part with federal or state funds distributed by the department of human services.

(C) "Child day-care center" and "center" mean any place in which child day-care or publicly funded child day-care is provided for thirteen or more children at one time or any place that is not the permanent residence of the licensee or administrator in which child day-care or publicly funded child day-care is provided for seven to twelve children at one time. In counting children for the purposes of this division, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises of the center shall be counted. "Child day-care center" and "center" do not include any of the following:

(1) A place located in and operated by a hospital, as defined in section 3727.01 of the Revised Code, in which the needs of children are administered to, if all the children whose needs are being administered to are monitored under the on-site supervision of a physician licensed under Chapter 4731. of the Revised Code or a registered nurse licensed under Chapter 4723. of the Revised Code, and the services are provided only for children who, in the opinion of the child's parent, guardian, or custodian, are exhibiting symptoms of a communicable disease or other illness or are injured;

(2) A child day camp;

(3) A place located at a child day camp that provides child day-care, but not publicly funded child day-care, to pre-school children if all of the following apply:

(a) An organized religious body operates the child day camp and provides the child day-care;

(b) The child day camp is registered with the department of human services under section 5104.21 of the Revised Code;

(c) A parent, custodian, or guardian of at least one pre-school child receiving child day-care at the child day camp is on the premises and readily accessible at all times;

(d) The child day-care is not provided for more than thirty days a year;

(e) The child day-care is provided while school children attend the child day camp.

(D)(KK) "RELIGIOUS ACTIVITIES" MEANS ANY OF THE FOLLOWING: WORSHIP OR OTHER RELIGIOUS SERVICES; RELIGIOUS INSTRUCTION; SUNDAY SCHOOL CLASSES OR OTHER RELIGIOUS CLASSES CONDUCTED DURING OR PRIOR TO WORSHIP OR OTHER RELIGIOUS SERVICES; YOUTH OR ADULT FELLOWSHIP ACTIVITIES; CHOIR OR OTHER MUSICAL GROUP PRACTICES OR PROGRAMS; MEALS; FESTIVALS; OR MEETINGS CONDUCTED BY AN ORGANIZED RELIGIOUS GROUP.

(LL) "SCHOOL CHILD" MEANS A CHILD WHO IS ENROLLED IN OR IS ELIGIBLE TO BE ENROLLED IN A GRADE OF KINDERGARTEN OR ABOVE BUT IS LESS THAN FIFTEEN YEARS OLD.

(MM) "SCHOOL CHILD DAY-CARE CENTER," "SCHOOL CHILD CENTER," "SCHOOL CHILD TYPE A FAMILY DAY-CARE HOME," AND "SCHOOL CHILD TYPE A FAMILY HOME" MEAN A CENTER OR TYPE A HOME THAT PROVIDES CHILD DAY-CARE FOR SCHOOL CHILDREN ONLY AND THAT DOES EITHER OR BOTH OF THE FOLLOWING:

(1) OPERATES ONLY DURING THAT PART OF THE DAY THAT IMMEDIATELY PRECEDES OR FOLLOWS THE PUBLIC SCHOOL DAY OF THE SCHOOL DISTRICT IN WHICH THE CENTER OR TYPE A HOME IS LOCATED;

(2) OPERATES ONLY WHEN THE PUBLIC SCHOOLS IN THE SCHOOL DISTRICT IN WHICH THE CENTER OR TYPE A HOME IS LOCATED ARE NOT OPEN FOR INSTRUCTION WITH PUPILS IN ATTENDANCE.

(NN) "SPECIAL NEEDS DAY-CARE" MEANS PUBLICLY FUNDED CHILD DAY-CARE THAT IS PROVIDED FOR A CHILD WHO IS PHYSICALLY OR DEVELOPMENTALLY HANDICAPPED, MENTALLY RETARDED, OR MENTALLY ILL.

(OO) "STATE MEDIAN INCOME" MEANS THE STATE MEDIAN INCOME CALCULATED BY THE DEPARTMENT OF DEVELOPMENT PURSUANT TO DIVISION (A)(1)(g) OF SECTION 5709.61 of the Revised Code.

(PP) "TODDLER" MEANS A CHILD WHO IS AT LEAST EIGHTEEN MONTHS OF AGE BUT LESS THAN THIRTY MONTHS OF AGE, OR A CHILD WHO IS AT LEAST THIRTY MONTHS OF AGE BUT LESS THAN THREE YEARS OF AGE.

(QQ) "Type A family day-care home" and "type A home" mean a permanent residence of the administrator in which child day-care or publicly funded child day-care is provided for seven to twelve children at one time or a permanent residence of the administrator in which child day-care is provided for four to twelve children at one time if four or more children at one time are under two years of age. In counting children for the purposes of this division, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises of the type A home shall be counted. "Type A family day-care home" does not include a residence in which the needs of children are administered to, if all of the children whose needs are being administered to are siblings of the same immediate family and the residence is the home of the siblings. "Type A family day-care home" and "type A home" do not include any child day camp.

(E)(RR) "Type B family day-care home" and "type B home" mean a permanent residence of the provider in which child day-care is provided for one to six children at one time and in which no more than three children are under two years of age at one time. In counting children for the purposes of this division, any children under six years of age who are related to the provider and who are on the premises of the type B home shall be counted. "Type B family day-care home" does not include a residence in which the needs of children are administered to, if all of the children whose needs are being administered to are siblings of the same immediate family and the residence is the home of the siblings. "Type B family day-care home" and "type B home" do not include any child day camp.

(F) "Certified type B family day-care home" and "certified type B home" mean a type B family day-care home that is certified by the director of the county department of human services pursuant to section 5104.11 of the Revised Code to receive public funds for providing child day-care pursuant to this chapter and any rules adopted under it.

(G) "Infant" means a child who is less than twelve months of age, or a child who is at least twelve months of age but is less than eighteen months of age.

(H) "Toddler" means a child who is at least eighteen months of age but less than thirty months of age, or a child who is at least thirty months of age but less than three years of age.

(I) "Pre-school child" means a child who is three years old, or is four or five years old but is not a school child.

(J) "School child" means a child who is enrolled in or is eligible to be enrolled in a grade of kindergarten or above but is less than eleven years old, or a child who is at least eleven years old but is less than fifteen years old.

(K) "Child" includes an infant, toddler, pre-school child, or school child.

(L) "Administrator" means the person responsible for the daily operation of the center or type A home. The administrator and the owner may be the same person.

(M) "Owner" includes a person, firm, organization, institution, or agency.

(N) "Child-care staff member" means any employee of a child day-care center or type A family day-care home who is primarily responsible for the care and supervision of children. The administrator may be a part-time child-care staff member when not involved in other duties.

(O) "Authorized provider" means a person authorized by a county director of human services to operate a certified type B family day-care home.

(P) "License capacity" means the maximum number in each age category of children, as established in divisions (G) to (J) of this section, who may be cared for in a child day-care center or type A family day-care home at one time as determined by the director of human services considering building occupancy limits established by the department of commerce, number of available child-care staff members, amount of available indoor floor space and outdoor play space, and amount of available play equipment, materials, and supplies. The license capacity specified on the provisional license or license issued under section 5104.03 of the Revised Code shall be the maximum number of children in each age category of children who may be cared for in the center or type A home at one time.

(Q) "Employee" means a person who either:

(1) Receives compensation for duties performed in a child day-care center or type A family day-care home;

(2) Is assigned specific working hours or duties in a child day-care center or type A family day-care home.

(R) "Employer" means a person, firm, institution, organization, or agency that operates a child day-care center or type A family day-care home that is subject to licensure pursuant to this chapter.

(S) "In-home aide" means a person certified by a county director of human services pursuant to section 5104.12 of the Revised Code to provide publicly funded child day-care to a child in a child's own home pursuant to this chapter and any rules adopted under it.

(T) "Parent cooperative child day-care center," "parent cooperative center," "parent cooperative type A family day-care home," and "parent cooperative type A home" mean a corporation or association organized for providing educational services to the children of members of the corporation or association, without gain to the corporation or association as an entity, in which the services of the corporation or association are provided only to children of the members of the corporation or association, ownership and control of the corporation or association rests solely with the members of the corporation or association, and at least one parent-member of the corporation or association is on the premises of the center or type A home during its hours of operation.

(U) "Part-time child day-care center," "part-time center," "part-time type A family day-care home," and "part-time type A home" mean a center or type A home that provides child day-care or publicly funded child day-care for no more than four hours a day for any child.

(V) "Drop-in child day-care center," "drop-in center," "drop-in type A family day-care home," and "drop-in type A home" mean a center or type A home that provides child day-care or publicly funded child day-care for children on a temporary, irregular basis.

(W) "School child day-care center," "school child center," "school child type A family day-care home," and "school child type A family home" mean a center or type A home that provides child day-care for school children only and that does either or both of the following:

(1) Operates only during that part of the day that immediately precedes or follows the public school day of the school district in which the center or type A home is located;

(2) Operates only when the public schools in the school district in which the center or type A home is located are not open for instruction with pupils in attendance.

(X) "Place of worship" means a cathedral, chapel, church, mosque, synagogue, temple, or other building where activities of an organized religious group are conducted and includes the grounds and any other buildings on the grounds used for such activities.

(Y) "Religious activities" means: worship or other religious services; religious instruction; Sunday school classes or other religious classes conducted during or prior to worship or other religious services; youth or adult fellowship activities; choir or other musical group practices or programs; meals; festivals; or meetings conducted by an organized religious group.

(Z) "Licensee" means the owner of a child day-care center or type A family day-care home that is licensed pursuant to this chapter and who is responsible for ensuring its compliance with this chapter and rules promulgated pursuant to this chapter.

(AA) "Chartered nonpublic school" means a school that meets standards for nonpublic schools prescribed by the state board of education for nonpublic schools pursuant to section 3301.07 of the Revised Code.

(BB) "Caretaker parent" means the father or mother of a child whose presence in the home is needed as the caretaker of the child, a person who has legal custody of a child and whose presence in the home is needed as the caretaker of the child, a guardian of a child whose presence in the home is needed as the caretaker of the child, and any other person who stands in loco parentis with respect to the child and whose presence in the home is needed as the caretaker of the child.

(CC) "Protective day-care" means publicly funded child day-care for the direct care and protection of a child to whom either of the following applies:

(1) A case plan prepared and maintained for the child pursuant to section 2151.412 of the Revised Code indicates a need for protective day-care and the child resides with a parent, stepparent, guardian, or another person who stands in loco parentis as defined in rules adopted under section 5104.38 of the Revised Code;

(2) The child and the child's caretaker either temporarily reside in a facility providing emergency shelter for homeless families or are determined by the county department of human services to be homeless, and are otherwise ineligible for publicly funded child day-care.

(DD) "Special needs day-care" means publicly funded child day-care that is provided for a child who is physically or developmentally handicapped, mentally retarded, or mentally ill.

(EE) "Federal poverty line" means the official poverty guideline as revised annually in accordance with section 673(2) of the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family size equal to the size of the family of the person whose income is being determined.

(FF) "Child day-care resource and referral service organization" means any community-based nonprofit organization that does not provide child day-care and that provides child day-care resource and referral services.

(GG) "Child day-care resource and referral services" means all of the following services:

(1) Maintenance of a uniform data base of all child day-care providers in the community that are in compliance with this chapter, including current occupancy and vacancy data;

(2) Provision of individualized consumer education to families seeking child day-care;

(3) Provision of timely referrals of available child day-care providers to families seeking child day-care;

(4) Recruitment of child day-care providers;

(5) Coordination of training for child day-care providers and provision of technical assistance to current and potential child day-care providers, employers, and the community;

(6) Collection and analysis of data on the supply of and demand for child day-care in the community;

(7) Coordination of locally, state, and federally funded child day-care and early childhood education programs;

(8) Stimulation of employer involvement in making child day-care more affordable, more available, safer, and of higher quality for their employees and for the community;

(9) Provision of written educational materials to caretaker parents and informational resources to child day-care providers.

(HH) "Head start program" means a comprehensive child development program that receives funds distributed under the "Head Start Act," 95 Stat. 499 (1981), 42 U.S.C. 9831, as amended.

(II) "Child care block grant act" means the "Child Care and Development Block Grant Act of 1990," established in section 5082 of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat. 1388-236 (1990), 42 U.S.C. 9858, as amended.

(JJ) "Licensed preschool program" or "licensed school child program" means a preschool program or school child program, as defined in section 3301.52 of the Revised Code, that is licensed by the department of education pursuant to sections 3301.52 to 3301.59 of the Revised Code.

(KK) "Adjusted income" means adjusted gross income, as defined in section 5747.01 of the Revised Code, minus any adjustments allowed in rules adopted under section 5104.38 of the Revised Code.

(LL) "State median income" means the state median income calculated by the department of development pursuant to division (A)(1)(g) of section 5709.61 of the Revised Code.

(MM) "Child day camp" means a program in which only school children attend or participate, that operates for no more than seven hours per day, that operates only during one or more public school district's regular vacation periods or for no more than fifteen weeks during the summer, and that operates outdoor activities for each child who attends or participates in the program for a minimum of fifty per cent of each day that children attend or participate in the program, except for any day when hazardous weather conditions prevent the program from operating outdoor activities for a minimum of fifty per cent of that day. For purposes of this division, the maximum seven hours of operation time does not include transportation time from a child's home to a child day camp and from a child day camp to a child's home.

(NN) "Operate a child day camp" means to operate, establish, manage, conduct, or maintain a child day camp.

(OO) "Approved child day camp" means a child day camp approved pursuant to section 5104.22 of the Revised Code.

Sec. 5104.03. (A) Any person, firm, organization, institution, or agency desiring to establish a child day-care center or type A family day-care home shall apply for a license to the director of human services on such form as the director prescribes. The director shall provide at no charge to each applicant for licensure a copy of the day-care license requirements in Chapter 5104. of the Revised Code and of the rules promulgated pursuant to Chapter 5104. of the Revised Code. The director shall mail application forms for renewal of license at least one hundred twenty days prior to the date of expiration of the license, and the application for renewal shall be filed with the director at least sixty days before the date of expiration. Fees shall be set by the director pursuant to section 5104.011 of the Revised Code and shall be paid at the time of application for or renewal of a license to operate a center or type A home. Fees collected under this section shall be paid into the state treasury to the credit of the general revenue fund.

(B) Upon filing of the application for a license, the director shall investigate and inspect the center or type A home to determine the license capacity for each age category of children of the center or type A home and to determine whether the center or type A home complies with Chapter 5104. of the Revised Code and rules promulgated pursuant to Chapter 5104. of the Revised Code. When, after investigation and inspection, the director is satisfied that Chapter 5104. of the Revised Code and rules promulgated pursuant to Chapter 5104. of the Revised Code are complied with, a provisional license shall be issued as soon as practicable in such form and manner as prescribed by the director. The provisional license shall be valid for six months from the date of issuance unless revoked.

(C) The director shall investigate and inspect the center or type A home at least once during operation under the provisional license. If after the investigation and inspection the director determines that the requirements of Chapter 5104. of the Revised Code and rules promulgated pursuant to Chapter 5104. of the Revised Code are met, the director shall issue a license to be effective for two years from the date of issuance of the provisional license.

(D) Upon the filing of an application for renewal of a license by the center or type A home, the director shall investigate and inspect the center or type A home. If the director determines that the requirements of Chapter 5104. and rules promulgated pursuant to Chapter 5104. of the Revised Code are met, the director shall renew the license to be effective for two years from the expiration date of the previous license.

(E) The license or provisional license shall state the name of the licensee, the name of the administrator, the address of the center or type A home, THE AVERAGE HOURLY COST OF CARE, and the license capacity for each age category of children. After THE AVERAGE HOURLY COST OF CARE SHALL BE CALCULATED FOR EACH AGE CATEGORY OF CHILDREN IN ACCORDANCE WITH RULES WHICH SHALL BE ADOPTED BY THE DEPARTMENT OF HUMAN SERVICES IN ACCORDANCE WITH CHAPTER 119. of the Revised Code.

AFTER July 1, 1987, the provisional license or license shall include thereon, in accordance with section 5104.011 of the Revised Code, the toll-free TELEPHONE number to be used by persons suspecting that the center or type A home has violated a provision of Chapter 5104., or rules promulgated pursuant to Chapter 5104. of the Revised Code. A license or provisional license is valid only for the licensee, administrator, address, and license capacity for each age category of children designated on the license. The LICENSE CAPACITY SPECIFIED ON THE LICENSE OR PROVISIONAL LICENSE IS THE MAXIMUM NUMBER OF CHILDREN IN EACH AGE CATEGORY THAT MAY BE CARED FOR IN THE CENTER OR TYPE A HOME AT ONE TIME.

THE center or type A home licensee shall notify the director when the administrator of the center or home changes. The director shall amend the current license or provisional license to reflect a change in an administrator, if the administrator meets the requirements of Chapter 5104. of the Revised Code and rules promulgated pursuant to Chapter 5104. of the Revised Code, or a change in license capacity for any age category of children as determined by the director of human services.

(F) If the director revokes a license or refuses to renew a license to a center or a type A home, he THE DIRECTOR shall not issue a license to the owner of the center or type A home within two years from the date of the revocation of a license or refusal to renew a license. If during the application for licensure or renewal of licensure process the director determines that the license of the owner has been revoked or renewal of licensure has been denied, the investigation of the center or type A home shall cease, and shall not constitute denial of the application. All actions of the director with respect to licensing centers or type A homes, renewing a license, refusal to license or renew a license, and revocation of a license shall be in accordance with Chapter 119. of the Revised Code. Any applicant who is denied a license or any owner whose license is not renewed or is revoked may appeal in accordance with section 119.12 of the Revised Code.

Sec. 5104.04. (A) The director DEPARTMENT of human services shall establish procedures to be followed in investigating, inspecting, and licensing child day-care centers and type A family day-care homes.

(B)(1) The director DEPARTMENT shall, at least twice ONCE during every twelve-month period of operation of a center or type A home, inspect the center or type A home and provide a written inspection report to the licensee within a reasonable time after each inspection. THE LICENSEE SHALL DISPLAY ALL WRITTEN REPORTS OF INSPECTIONS CONDUCTED DURING THE CURRENT LICENSING PERIOD IN A CONSPICUOUS PLACE IN THE CENTER OR TYPE A HOME.

At least one inspection shall be unannounced and all ALL inspections may be unannounced. No person, firm, organization, institution, or agency shall interfere with the inspection of a center or type A home by any state or local official when he is ENGAGED IN performing duties required of him THE STATE OR LOCAL OFFICIAL by Chapter 5104. of the Revised Code or rules promulgated pursuant to Chapter 5104. of the Revised Code, including inspecting the center or type A home, reviewing records, or interviewing licensees, employees, children, or parents.

Upon receipt of any complaint that a center or type A home is out of compliance with the requirements of Chapter 5104. of the Revised Code or rules promulgated pursuant to Chapter 5104. of the Revised Code, the director shall investigate and may inspect a center or type A home.

(2) IF THE DEPARTMENT IMPLEMENTS AN INSTRUMENT-BASED PROGRAM MONITORING INFORMATION SYSTEM, IT MAY USE AN INDICATOR CHECKLIST TO COMPLY WITH DIVISION (B)(1) OF THIS SECTION.

(C) In the event a licensed center or type A home is determined to be out of compliance with the requirements of Chapter 5104. of the Revised Code or rules promulgated pursuant to Chapter 5104. of the Revised Code, the director shall notify the licensee of the center or type A home in writing regarding the nature of the violation, what must be done to correct the violation, and by what date the correction must be made. If the correction is not made by the date established by the director, he THE DIRECTOR may commence action under Chapter 119. of the Revised Code to revoke the license.

(D) The director may deny or revoke a license, or refuse to renew a license of a center or type A home, if the applicant knowingly makes a false statement on the application, does not comply with the requirements of Chapter 5104. or rules promulgated pursuant to Chapter 5104. of the Revised Code, or has pleaded guilty TO or been convicted of an offense described in section 5104.09 of the Revised Code.

(E) If the director finds, after notice and hearing pursuant to Chapter 119. of the Revised Code, that any person, firm, organization, institution, or agency licensed under section 5104.03 of the Revised Code is in violation of any provision of Chapter 5104. of the Revised Code or rules promulgated pursuant to Chapter 5104. of the Revised Code, the director may issue an order of revocation to the center or type A home revoking the license previously issued by him THE DIRECTOR. Upon the issuance of any order of revocation, the person whose license is revoked may appeal in accordance with section 119.12 of the Revised Code.

(F) The surrender of a center or type A home license to the director or the withdrawal of an application for licensure by the owner or administrator of the center or type A home shall not prohibit the director from instituting any of the actions set forth in this section.

(G) Whenever the director receives a complaint, is advised, or otherwise has any reason to believe that a center or type A home is providing child day-care without a license issued or renewed pursuant to section 5104.03 and is not exempt from licensing pursuant to section 5104.02 of the Revised Code, he THE DIRECTOR shall investigate the center or type A home and may inspect the areas children have access to or areas necessary for the care of children in the center or type A home during suspected hours of operation to determine whether the center or type A home is subject to the requirements of Chapter 5104. or rules promulgated pursuant to Chapter 5104. of the Revised Code.

(H) The director, upon determining that the center or type A home is operating without a license, shall notify the attorney general, the prosecuting attorney of the county in which the center or type A home is located, or the city attorney, village solicitor, or other chief legal officer of the municipal corporation in which the center or type A home is located, that the center or type A home is operating without a license. Upon receipt of the notification, the attorney general, prosecuting attorney, city attorney, village solicitor, or other chief legal officer of a municipal corporation shall file a complaint in the court of common pleas of the county in which the center or type A home is located requesting that the court grant an order enjoining the owner from operating the center or type A home. The court shall grant such injunctive relief upon a showing that the respondent named in the complaint is operating a center or type A home and is doing so without a license.

Sec. 5104.11. (A) After receipt of an application for certification from a type B family day-care home, the county director of human services shall inspect. If it complies with this chapter and any applicable rules adopted under this chapter, the county department shall certify the type B family day-care home to provide publicly funded child day-care pursuant to this chapter and any rules adopted under it. A THE DIRECTOR OF HUMAN SERVICES OR A county director of human services may contract with A GOVERNMENT ENTITY OR a private nonprofit entity for that entity to inspect and certify type B family day-care homes pursuant to this section. The county department of human services or nonprofit entity shall conduct the inspection prior to the issuance of a certificate for the type B home and, as part of that inspection, shall ensure that the type B home is safe and sanitary. An authorized provider of a type B family day-care home that receives a certificate pursuant to this section to provide publicly funded child day-care is an independent contractor and is not an employee of the county department of human services that issues the certificate.

(B) Every person desiring to receive certification for a type B family day-care home shall apply for certification to the county director of human services on such forms as the director of human services prescribes. The county director shall provide at no charge to each applicant a copy of rules for certifying type B family day-care homes adopted pursuant to this chapter.

(C) If the county director of human services determines that the type B family day-care home complies with this chapter and any rules adopted under it, he THE COUNTY DIRECTOR shall issue to the provider a certificate to provide publicly funded child day-care for twelve months. The county director may revoke the certificate when he determines AFTER DETERMINING that revocation is necessary. The authorized provider shall post the certificate in a conspicuous place in the certified type B home that is accessible to parents, custodians, or guardians at all times. The certificate shall state the name and address of the authorized provider, the maximum number of children who may be cared for at any one time in the certified type B home, the expiration date of the certification, THE AVERAGE HOURLY COST OF CARE, and the name and telephone number of the county director who issued the certificate.

(D) The county director shall inspect every certified type B family day-care home at least twice within each twelve-month period of the operation of the certified type B home. A minimum of one inspection shall be unannounced and all inspections may be unannounced. Upon receipt of a complaint, the county director shall investigate and may inspect the certified type B home. The authorized provider shall permit the county director to inspect any part of the certified type B home. The county director shall prepare a written inspection report and furnish one copy to the authorized provider within a reasonable time after the inspection.

(E) The county director of human services, in accordance with rules adopted pursuant to section 5104.052 of the Revised Code regarding fire safety and fire prevention, shall inspect each type B home that applies to be certified that is providing or is to provide publicly funded child day-care.

(F) All materials that are supplied by the department of human services to type A family day-care home providers, type B family day-care home providers, in-home aides, persons who desire to be type A family day-care home providers, type B family day-care home providers, or in-home aides, and caretaker parents shall be written at no higher than the sixth grade reading level. The department may employ a readability expert to verify its compliance with this division.

Sec. 5104.12. (A) The county director of human services may certify in-home aides to provide publicly funded child day-care pursuant to this chapter and any rules adopted under it. Any in-home aide who receives a certificate pursuant to this section to provide publicly funded child day-care is an independent contractor and is not an employee of the county department of human services that issues the certificate.

(B) Every person desiring to receive certification as an in-home aide shall apply for certification to the county director of human services on such forms as the director of human services prescribes. The county director shall provide at no charge to each applicant a copy of rules for certifying in-home aides adopted pursuant to this chapter.

(C) If the county director of human services determines that public funds are available and that the person complies with this chapter and any rules adopted under it, he THE COUNTY DIRECTOR shall certify the person as an in-home aide and issue the person a certificate to provide publicly funded child day-care for twelve months. The county director may revoke the certificate when he determines AFTER DETERMINING that revocation is necessary. The county director shall furnish a copy of the certificate to the parent, custodian, or guardian. The certificate shall state the name and address of the in-home aide, the expiration date of the certification, THE AVERAGE HOURLY COST OF CARE, and the name and telephone number of the county director who issued the certificate.

(D) The county director of human services shall inspect every home of a child who is receiving publicly funded child day-care in the child's own home while the in-home aide is providing the services. Inspections may be unannounced. Upon receipt of a complaint, the county director shall investigate the in-home aide and shall investigate and may inspect the home of a child who is receiving publicly funded child day-care in the child's own home. The caretaker parent shall permit the county director to inspect any part of the child's home. The county director shall prepare a written inspection report and furnish one copy each to the in-home aide and the caretaker parent within a reasonable time after the inspection.

Sec. 5104.30. (A) The department of human services is hereby designated as the state agency responsible for administration and coordination of federal and state funding for publicly funded child day-care in this state. The PUBLICLY FUNDED CHILD DAY-CARE SHALL BE PROVIDED TO THE FOLLOWING:

(1) RECIPIENTS OF TRANSITIONAL CHILD DAY-CARE AS PROVIDED UNDER SECTION 5104.34 of the Revised Code;

(2) RECIPIENTS OF THE OHIO WORKS COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER CHAPTER 5107. of the Revised Code;

(3) SUBJECT TO AVAILABLE FUNDS, OTHER INDIVIDUALS DETERMINED ELIGIBLE IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 5104.38 of the Revised Code.

THE department shall apply to the United States department of health and human services for authority to operate a coordinated program for publicly funded child day-care, if the director of human services determines that the application is necessary. For purposes of this section, the department of human services may enter into agreements with other state agencies that are involved in regulation or funding of child day-care. The department shall consider the special needs of migrant workers when it administers and coordinates publicly funded child day-care and shall develop appropriate procedures for accommodating the needs of migrant workers for publicly funded child day-care.

(B) The department of human services shall distribute state and federal funds for publicly funded child day-care, including appropriations of state funds for publicly funded child day-care and appropriations of federal funds for publicly funded child day-care under Title IV-A of the "Social Security Act," 49 Stat. 627 (1935), 42 U.S.C.A. 601, as amended, Title XX of the "Social Security Act," 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended, the "Family Support Act of 1988," 102 Stat. 2343, 42 U.S.C.A. 1305 note, as amended, section 5081 of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat. 1388-233, 42 U.S.C. 602(i), as amended, and the child care block grant act. The department may use any state funds appropriated for publicly funded child day-care as the state share required to match any federal funds appropriated for publicly funded child day-care.

(C) The department may use federal funds available under the child care block grant act to hire staff to prepare any rules required under this chapter and to administer and coordinate federal and state funding for publicly funded child day-care. In accordance with the applicable provisions of sections 658(E)(c)(3)(C), (G), and (H) of the child care block grant act, 42 U.S.C. 9858(c)(c)(3)(C), (e), and (f), the department shall allocate and use at least twenty-five per cent of those federal funds for a program of grants and loans that are distributed upon application for proposals to improve the quality, and increase the supply, of child day-care and to provide before school, after school, and early childhood development services, shall use not less than seventy-five per cent of the twenty-five per cent allocated for the grant and loan program to establish or to expand and conduct, through grants or contracts, early childhood development programs or before school and after school child day-care programs, and shall use not less than twenty per cent of the twenty-five per cent allocated for the grant and loan program for child day-care resource and referral services, for grants and loans to assist providers of child day-care in meeting the requirements of this chapter, to monitor compliance with this chapter, to provide training and technical assistance relative to child day-care, and to improve compensation paid to child day-care staff.

The department shall establish procedures for requesting proposals and awarding grants under this division for expanding and conducting early childhood development programs or before school and after school child day-care programs. Each county may submit only one coordinated proposal. The proposal shall include a community needs assessment and evidence of broad community participation in the proposal's development. The proposal may provide that funds are to be divided among several child care programs or prospective child care programs. At minimum, the county coordinated proposal shall be endorsed by a majority of the following: the director of the county department of human services, the superintendents of school districts in which the programs are proposed, the head start programs in the county, and the child day-care resource and referral service organizations serving the county.

(D) The department shall ensure that any federal funds received by the state under the child care block grant act will be used only to supplement, and will not be used to supplant, federal, state, and local funds available on the effective date of that act for publicly funded child day-care and related programs. A county department of human services may purchase child day-care from funds obtained through any other means.

(E) The department shall encourage the development of suitable child day-care throughout the state, especially in areas with high concentrations of recipients of public assistance and families with low adjusted incomes. The department shall encourage the development of suitable child day-care designed to accommodate the special needs of migrant workers. On request, the department, through its employees or contracts with state or community child day-care resource and referral service organizations, shall provide consultation to groups and individuals interested in developing child day-care. The department of human services may enter into interagency agreements with the department of education, the board of regents, the department of development, and other state agencies and entities whenever the cooperative efforts of the other state agencies and entities are necessary for the department of human services to fulfill its duties and responsibilities under this chapter.

THE DEPARTMENT MAY DEVELOP AND MAINTAIN A REGISTRY OF PERSONS PROVIDING CHILD DAY-CARE AND MAY ADOPT RULES PURSUANT TO CHAPTER 119. of the Revised Code ESTABLISHING PROCEDURES AND REQUIREMENTS FOR ITS ADMINISTRATION.

(F) Based upon the market rate surveys it conducts in accordance with rules adopted under Chapter 119. of the Revised Code, the department of human services shall establish a maximum rate of assistance that it will reimburse county departments of human services for payments made to a child day-care center, type A family day-care home, certified type B family day-care home, certified in-home aide, approved child day camp, licensed school child program, or licensed preschool program, which rate of assistance may include a specific maximum rate for child day-care that meets the performance standards of the "Head Start Act," 95 Stat. 499, 42 U.S.C. 9831 (1981), as amended, or that is accredited by a nationally recognized early childhood education or child care organization that provides on-site peer review and has written standards exceeding the child day-care licensing standards of this state that are reviewed periodically by its members. If the department chooses to include a specific maximum rate for child day-care received from providers accredited by nationally recognized organizations, the department may annually compile and publish a list of the organizations that qualify as such accrediting organizations under this division. The department may adopt rules regarding specific maximum rates, but shall not implement them prior to July 1, 1992. The department shall use the rate adopted for day-care of school children during vacation hours when determining the maximum rate of assistance that it will reimburse county departments of human services for payments made to an approved child day camp.

The maximum rate may be waived by the department upon the request of a county department of human services for an increase in the rate of assistance based on the special needs of a child, the special circumstances of a family, or unique child day-care market conditions. The maximum rate may vary from county to county according to variations in the cost of their services.

(G) The department shall adopt rules in accordance with Chapter 119. of the Revised Code establishing A PROCEDURE FOR DETERMINING MAXIMUM RATES OF REIMBURSEMENT AND a procedure for paying providers of publicly funded child day-care.

Sec. 5104.32. (A) Except as provided in divisions (C) and (D) of this section, all purchases of publicly funded child day-care shall be made under a contract entered into by a licensed child day-care center, licensed type A family day-care home, certified type B family day-care home, certified in-home aide, approved child day camp, licensed preschool program, or licensed school child program and the county department of human services. A county department of human services may enter into a contract with a provider for publicly funded child day-care for a specified period of time or upon a continuous basis for an unspecified period of time. All contracts for publicly funded child day-care shall be contingent upon the availability of state and federal funds. The department of human services shall prescribe a standard form to be used for all contracts for the purchase of publicly funded child day-care, regardless of the source of public funds used to purchase the child day-care. To the extent permitted by federal law and notwithstanding any other provision of the Revised Code that regulates state or county contracts or contracts involving the expenditure of state, county, or federal funds, all contracts for publicly funded child day-care shall be entered into in accordance with the provisions of this chapter and are exempt from any other provision of the Revised Code that regulates state or county contracts or contracts involving the expenditure of state, county, or federal funds.

(B) Each contract for publicly funded child day-care shall specify at least the following:

(1) That the provider of publicly funded child day-care agrees to be paid for rendering services at the lower of the rate customarily charged by the provider for children enrolled for child day-care or the maximum rate of assistance established under section 5104.30 of the Revised Code AVERAGE HOURLY COST OF CARE;

(2) That, if a provider provides child day-care to an individual potentially eligible for publicly funded child day-care who is subsequently determined to be eligible, the county department agrees to pay for all child day-care provided between the date the county department receives the individual's completed application and the date the individual's eligibility is determined;

(3) Whether the county department of human services, the provider, or a child day-care resource and referral service organization will make eligibility determinations, whether the provider or a child day-care resource and referral service organization will be required to collect information to be used by the county department to make eligibility determinations, and the time period within which the provider or child day-care resource and referral service organization is required to complete required eligibility determinations or to transmit to the county department any information collected for the purpose of making eligibility determinations;

(4) That the provider shall continue to be licensed, approved, or certified pursuant to this chapter or sections 3301.52 to 3301.59 of the Revised Code and shall comply with all standards and other requirements in this chapter and those sections and in rules adopted pursuant to this chapter or those sections for maintaining the provider's license, approval, or certification;

(5) Whether the provider will be paid by the county department of human services or the state department of human services;

(6) That the contract is subject to the availability of state and federal funds.

(C) Unless specifically prohibited by federal law, the county department of human services shall give individuals eligible for publicly funded child day-care the option of obtaining certificates for payment that the individual may use to purchase services from any provider qualified to provide publicly funded child day-care under section 5104.31 of the Revised Code. Providers of publicly funded child day-care may present these certificates for payment for reimbursement in accordance with rules that the department of human services shall adopt. Only providers may receive reimbursement for certificates for payment. The value of the certificate for payment shall be based on the lower of the rate customarily charged by the provider or the maximum rate of assistance established under section 5104.30 of the Revised Code AVERAGE HOURLY COST OF CARE. The county department may provide the certificates for payment to the individuals or may contract with child day-care providers or child day-care resource and referral service organizations that make determinations of eligibility for publicly funded child day-care pursuant to contracts entered into under section 5104.34 of the Revised Code for the providers or resource and referral service organizations to provide the certificates for payment to individuals whom they determine are eligible for publicly funded child day-care.

(D) As used in this division, "transitional child day-care" means the child day-care provided in accordance with Title IV-A of the "Social Security Act," 49 Stat. 627 (1935), 42 U.S.C. 602(g), as amended, for a period of twelve months, to a family that has ceased to receive assistance under Chapter 5107. of the Revised Code due to employment.

Families eligible for retroactive transitional child day-care may be reimbursed directly for the cost of child day-care provided during the family's period of eligibility for transitional child day-care. EACH PROVIDER SHALL SUBMIT ITS AVERAGE HOURLY COST OF CARE TO THE STATE DEPARTMENT FOR USE IN DETERMINING THE RATE OF REIMBURSEMENT FOR PUBLICLY FUNDED CHILD DAY-CARE SERVICES. THE STATE DEPARTMENT MAY AUDIT THE PROVIDER'S FINANCIAL RECORDS OR MAY ARRANGE FOR AN INDEPENDENT AUDIT OF A PROVIDER'S FINANCIAL RECORDS TO VERIFY ITS AVERAGE HOURLY COST OF CARE. FOR THE PURPOSES OF THIS DIVISION, A PROVIDER SHALL PROVIDE ACCESS TO ITS FINANCIAL RECORDS TO THE STATE DEPARTMENT OR ITS DESIGNEE ON REQUEST.

(E) THE STATE DEPARTMENT MAY ESTABLISH A MAXIMUM RATE OF REIMBURSEMENT, WHICH MAY VARY BY AGE GROUP AND TYPE OF PROVIDER, FOR CHILD DAY-CARE PROVIDERS WHOSE CHILD CLIENT POPULATION IS MORE THAN SEVENTY-FIVE PER CENT PUBLICLY FUNDED. THE MAXIMUM RATE MAY BE APPLIED TO ANY PROVIDER DESCRIBED IN THIS SECTION.

Sec. 5104.34. (A)(1) Each county department of human services shall implement procedures for making determinations of eligibility for publicly funded child day-care. Under those procedures, the eligibility determination for each applicant shall be made no later than thirty calendar days from the date the county department receives a completed application for publicly funded child day-care. Each applicant shall be notified promptly of the results of the eligibility determination. An applicant aggrieved by a decision or delay in making an eligibility determination may appeal the decision or delay to the department of human services in accordance with section 5101.35 of the Revised Code. The due process rights of applicants shall be protected.

To the extent permitted by federal law, the county department may make all determinations of eligibility for publicly funded child day-care, may contract with child day-care providers or child day-care resource and referral service organizations for the providers or resource and referral service organizations to make all or any part of the determinations, and may contract with child day-care providers or child day-care resource and referral service organizations for the providers or resource and referral service organizations to collect specified information for use by the county department in making determinations. If a county department contracts with a child day-care provider or a child day-care resource and referral service organization for eligibility determinations or for the collection of information, the contract shall require the provider or resource and referral service organization to make each eligibility determination no later than thirty calendar days from the date the provider or resource and referral organization receives a completed application that is the basis of the determination and to collect and transmit all necessary information to the county department within a period of time that enables the county department to make each eligibility determination no later than thirty days after the filing of the application that is the basis of the determination.

The county department may station employees of the department in various locations throughout the county and may assign employees of the department to hours of employment outside the normal working hours of the department to collect information relevant to applications for publicly funded child day-care and to make eligibility determinations. The county department, child day-care provider, and child day-care resource and referral service organization shall make each determination of eligibility for publicly funded child day-care no later than thirty days after the filing of the application that is the basis of the determination, shall make each determination in accordance with any relevant rules adopted pursuant to section 5104.38 of the Revised Code, and shall notify promptly each applicant for publicly funded child day-care of the results of the determination of the applicant's eligibility.

On or before October 1, 1991, the department of human services shall adopt rules in accordance with Chapter 119. of the Revised Code for monitoring the eligibility determination process. In accordance with those rules, the state department shall monitor eligibility determinations made by county departments of human services and shall direct any entity that is not in compliance with this division or any rule adopted under this division to implement corrective action specified by the department.

(2) FOR AN APPLICANT TO BE ELIGIBLE FOR PUBLICLY FUNDED CHILD DAY-CARE, THE CARETAKER PARENT MUST BE EMPLOYED OR PARTICIPATING IN A PROGRAM OF EDUCATION OR TRAINING FOR AN AMOUNT OF TIME REASONABLY RELATED TO THE TIME THAT THE PARENT'S CHILDREN ARE RECEIVING PUBLICLY FUNDED CHILD DAY-CARE. THIS RESTRICTION DOES NOT APPLY TO FAMILIES WHOSE CHILDREN ARE ELIGIBLE FOR PROTECTIVE OR SPECIAL NEEDS DAY-CARE. All eligibility determinations for publicly funded child day-care shall be made in accordance with rules adopted by the department of human services pursuant to division (A) of section 5104.38 of the Revised Code.

(3) AN ASSISTANCE GROUP THAT CEASES TO RECEIVE ASSISTANCE UNDER THE OHIO WORKS COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER CHAPTER 5107. of the Revised Code IS ELIGIBLE FOR TRANSITIONAL CHILD DAY-CARE FOR THE IMMEDIATELY FOLLOWING TWELVE-MONTH PERIOD IF ALL OF THE FOLLOWING APPLY:

(a) THE ASSISTANCE GROUP CEASED RECEIVING ASSISTANCE DUE TO EMPLOYMENT;

(b) THE ASSISTANCE GROUP REQUIRES CHILD DAY-CARE DUE TO EMPLOYMENT;

(c) THE ASSISTANCE GROUP'S INCOME IS NOT MORE THAN ONE HUNDRED THIRTY-FIVE PER CENT OF THE FEDERAL POVERTY LINE.

AN ASSISTANCE GROUP INELIGIBLE FOR ASSISTANCE UNDER THE OHIO WORKS COMPONENT PURSUANT TO SECTION 5107.15 of the Revised Code IS NOT ELIGIBLE FOR TRANSITIONAL CHILD DAY-CARE. Families eligible for transitional child day-care, as defined in division (D) of section 5104.32 of the Revised Code, may be eligible for retroactive transitional child day-care benefits, reimbursement of costs for child day-care provided during the family's period of eligibility for transitional child day-care, or both. ASSISTANCE GROUPS ELIGIBLE FOR RETROACTIVE TRANSITIONAL CHILD DAY-CARE MAY BE REIMBURSED DIRECTLY FOR THE COST OF CHILD DAY-CARE PROVIDED DURING THE ASSISTANCE GROUP'S PERIOD OF ELIGIBILITY FOR TRANSITIONAL CHILD DAY-CARE.

(B) To the extent permitted by federal law, a county department of human services may require a caretaker parent determined to be eligible for publicly funded child day-care to pay a fee according to the schedule of fees established in rules adopted under section 5104.38 of the Revised Code, except that a county department shall not require any caretaker parent to pay a fee for protective day-care. Each county department shall make protective day-care services available to children without regard to the adjusted income or assets of the caretaker parent of the child.

(C) A caretaker parent receiving publicly funded child day-care shall report to the entity that determined eligibility any changes in status with respect to employment or participation in a program of education or training.

Sec. 5104.38. In addition to any other rules adopted under this chapter, the department of human services shall adopt rules in accordance with Chapter 119. SECTION 111.15 of the Revised Code that establish GOVERNING FINANCIAL AND ADMINISTRATIVE REQUIREMENTS FOR PUBLICLY FUNDED CHILD DAY-CARE AND ESTABLISHING all of the following:

(A) Procedures and criteria to be used in making determinations of eligibility for publicly funded child day-care that give priority to children of families with lower adjusted incomes, including any amounts to be deducted from adjusted gross income for the purpose of determining adjusted income, and procedures and criteria for eligibility for publicly funded protective day-care;

(B) A schedule of fees requiring any or all eligible caretaker parents to pay a fee for publicly funded child day-care according to adjusted income and family size, which schedule of fees shall be uniform for all types of publicly funded child day-care, shall not apply to caretaker parents whose children receive protective day-care EXCEPT AS AUTHORIZED BY RULE, and, to the extent permitted by federal law, shall permit the use of state and federal funds to pay the customary deposits and other advance payments that a provider charges all children who receive child day-care from that provider;

(C) A formula based upon a percentage of the county's total expenditures for publicly funded child day-care for determining the maximum amount of state and federal funds appropriated for publicly funded child day-care that a county department may use for administrative purposes; a definition of administrative purposes that specifies that recruiting child day-care providers, providing child day-care resource and referral services through a nonprofit organization or a county department of human services, certifying child day-care providers, and providing technical assistance training are not administrative purposes; a formula for allocating, during the first year after July 22, 1991, state and federal funds available for publicly funded child day-care to county departments of human services to begin to recruit and certify type B family child day-care homes, which formula is based upon the same criteria as are used to determine state allotments under section 658(O)(b) of the child care block grant act, 42 U.S.C. 9858(m)(b); and a formula for allocating, after that first year, state and federal funds available for publicly funded child day-care to county departments for those purposes upon the basis of the number of children receiving publicly funded child day-care in type B family day-care homes and other performance related standards;

(D) Procedures to be followed by the department and county departments in recruiting individuals and groups to become providers of child day-care;

(E) Procedures to be followed in establishing state or local programs designed to assist individuals who are eligible for publicly funded child day-care in identifying the resources available to them and to refer the individuals to appropriate sources to obtain child day-care;

(F) Procedures to deal with fraud and abuse committed by either recipients or providers of publicly funded child day-care;

(G) Procedures for establishing a child day-care grant or loan program in accordance with the child care block grant act;

(H) Standards and procedures for applicants to apply for grants and loans, and for the department to make grants and loans, under the grant and loan program established pursuant to division (C) of section 5104.30 of the Revised Code;

(I) A definition of "person who stands in loco parentis" for the purposes of division (CC)(II)(1) of section 5104.01 of the Revised Code;

(J) Any other rules necessary to carry out sections 5104.30 to 5104.39 of the Revised Code.

Sec. 5104.39. (A) The state department of human services shall adopt rules in accordance with Chapter 119. of the Revised Code establishing a procedure for monitoring the expenditures of county departments of human services to ensure that expenditures do not exceed the available federal and state funds for publicly funded child day-care. The state department, with the assistance of the office of budget and management, shall monitor the anticipated future expenditures of county departments for publicly funded child day-care and shall compare those anticipated future expenditures to available federal and state funds for publicly funded child day-care. Whenever the state department determines that the anticipated future expenditures of the county departments will exceed the available federal and state funds for publicly funded child day-care, it promptly shall notify the county departments and, before the available state and federal funds are used, the director of human services shall issue and implement an administrative order that shall specify both of the following:

(1) Priorities for allocating the remaining available federal and state funds for publicly funded child day-care;

(2) Instructions and procedures to be used by the county departments.

The order may suspend enrollment of all new participants in any program of publicly funded child day-care or may limit enrollment of new participants to those with adjusted incomes at or below a specified percentage below the federal poverty line, but it shall not limit enrollment by otherwise narrowing eligibility standards established in statute for publicly funded child day-care.

Each county department shall comply with the order no later than thirty days after it is issued. If the state department fails to notify the county departments and to implement the reallocation priorities specified in the order before the available federal and state funds for publicly funded child day-care are used, the state department shall provide sufficient funds to the county departments for publicly funded child day-care to enable each county department to pay for all publicly funded child day-care that was provided by providers pursuant to contract prior to the date that the county department received notice under this division and the state department implemented in that county the priorities.

If after issuing an order under this division to suspend or limit enrollment of new participants the state department determines that available state and federal funds for publicly funded child day-care exceed the anticipated future expenditures of the county departments, the director may issue and implement another administrative order increasing income eligibility levels to a specified percentage of the federal poverty line. The order shall include instructions and procedures to be used by the county departments. Each county department shall comply with the order not later than thirty days after it is issued.

(B) The state department of human services shall conduct an annual evaluation of the program of publicly funded child day-care that is operated pursuant to sections 5104.30 to 5104.39 of the Revised Code, prepare an annual report based upon the evaluation, and file a copy of the report with both houses of the general assembly. The report shall comply with the report required to be filed by section 658(K) of the child care block grant act, 42 U.S.C. 9858(i) BE PREPARED IN ACCORDANCE WITH DIVISION (B) OF SECTION 5101.97 of the Revised Code.

Sec. 5104.42. The state department of human services SHALL ADOPT RULES PURSUANT TO SECTION 111.15 of the Revised Code ESTABLISHING A PAYMENT PROCEDURE FOR PUBLICLY FUNDED CHILD DAY-CARE. THE RULES MAY PROVIDE THAT THE STATE DEPARTMENT WILL EITHER REIMBURSE COUNTY DEPARTMENTS OF HUMAN SERVICES FOR PAYMENTS MADE TO PROVIDERS OF PUBLICLY FUNDED CHILD DAY-CARE PURSUANT TO CONTRACTS ENTERED INTO BETWEEN PROVIDERS AND COUNTY DEPARTMENTS AND INVOICES SUBMITTED BY THE COUNTY DEPARTMENTS OR WILL USE A COMBINATION OF REIMBURSEMENTS TO COUNTY DEPARTMENTS AND DIRECT PAYMENTS TO PROVIDERS.

ALTERNATELY, THE STATE DEPARTMENT, by rule adopted in accordance with section 111.15 of the Revised Code, may establish a methodology for allocating among the county departments of human services the state and federal funds appropriated for all publicly funded child day-care services other than the following:

(A) Child day-care services provided to participants of the job opportunities and basic skills training program established under sections 5101.80 to 5101.91 of the Revised Code;

(B) Child day-care services provided to participants of the learning, earning, and parenting program established under section 5107.30 of the Revised Code;

(C) Transitional child day-care, as defined in section 5104.32 of the Revised Code. IF THE

The state department CHOOSES TO ALLOCATE FUNDS FOR PUBLICLY FUNDED CHILD DAY-CARE, IT may provide the funds to each county department, up to the limit of the county's allocation, by advancing the funds or reimbursing county day-care expenditures. The rules adopted under this section may prescribe procedures for making the advances or reimbursements. The rules may establish a method under which the state department may determine which county expenditures for day-care services, other than those described in divisions (A) to (C) of this section, are allowable for use of state and federal funds.

The rules may establish procedures that a county department shall follow when the county department determines that its anticipated future expenditures for publicly funded child day-care services, other than those described in divisions (A) to (C) of this section, will exceed the amount of state and federal funds allocated by the state department. The procedures may include suspending or limiting enrollment of new participants.

Sec. 5107.01. (A) As used in this section, "health care" means assistance provided under the medical assistance program established pursuant to Chapter 5111. of the Revised Code CHAPTER:

(1) "ADULT" MEANS AN INDIVIDUAL WHO IS NOT A MINOR CHILD.

(2) "ASSISTANCE GROUP" MEANS A GROUP OF INDIVIDUALS TREATED AS A UNIT FOR PURPOSES OF DETERMINING ELIGIBILITY FOR AND THE AMOUNT OF ASSISTANCE PROVIDED UNDER OHIO WORKS FIRST THAT INCLUDES AT LEAST ONE OF THE FOLLOWING:

(a) A MINOR CHILD WHO RESIDES WITH A CUSTODIAL PARENT OR OTHER CARETAKER RELATIVE OF THE CHILD;

(b) A WOMAN AT LEAST SIX MONTHS PREGNANT.

(3) "EMERGENCY ASSISTANCE" MEANS THE COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER SECTION 5107.03 OF THE REVISED CODE.

(4) "MINOR CHILD" MEANS EITHER OF THE FOLLOWING:

(a) AN INDIVIDUAL WHO HAS NOT ATTAINED AGE EIGHTEEN;

(b) AN INDIVIDUAL WHO HAS NOT ATTAINED AGE NINETEEN AND IS A FULL-TIME STUDENT IN A SECONDARY SCHOOL OR IN THE EQUIVALENT LEVEL OF VOCATIONAL OR TECHNICAL TRAINING.

(5) "OHIO WORKS" MEANS THE COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER SECTION 5107.02 OF THE REVISED CODE.

(6) "OHIO WORKS FIRST" MEANS THE PROGRAM ESTABLISHED BY THIS CHAPTER KNOWN AS TEMPORARY ASSISTANCE FOR NEEDY FAMILIES IN TITLE IV-A.

(7) "PREVENTION AND RETENTION ASSISTANCE" MEANS THE COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER SECTION 5107.04 OF THE REVISED CODE.

(8) "TITLE IV-A" OR "TITLE IV-D" MEAN TITLE IV-A OR TITLE IV-D OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C. 301, AS AMENDED.

(B) THERE IS HEREBY ESTABLISHED THE OHIO WORKS FIRST PROGRAM CONSISTING OF THREE COMPONENTS: OHIO WORKS, EMERGENCY ASSISTANCE, AND PREVENTION AND RETENTION ASSISTANCE. The department of human services shall administer aid to dependent children under this chapter THE PROGRAM in accordance with Title IV-A of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, FEDERAL REGULATIONS, THE REVISED CODE, AND THE STATE PLAN PREPARED UNDER SECTION 5107.06 of the Revised Code as long as federal funds are provided for such aid THE PROGRAM.

(C) All THE DEPARTMENT OF HUMAN SERVICES SHALL MAKE ALL payments for aid to dependent children OHIO WORKS FIRST AND MEDICAL ASSISTANCE PROVIDED UNDER CHAPTER 5111. of the Revised Code TO RECIPIENTS OF THE OHIO WORKS COMPONENT, except FOR COUNTIES' SHARE OF THE expenditures for county administration DETERMINED UNDER SECTION 5101.16 of the Revised Code, shall be made by the director of human services from funds appropriated for that purpose THE OHIO WORKS FIRST AND MEDICAL ASSISTANCE PROGRAMS, unless the director determines that DEPARTMENT ADOPTS A RULE UNDER SECTION 5107.07 of the Revised Code REQUIRING COUNTIES TO MAKE ALL OR A PORTION OF THE payments for aid and health care should be made by the county. If the director so determines, the director shall adopt a DEPARTMENT ADOPTS THE rule to that effect and, THE COUNTY TREASURER ON WARRANT OF THE COUNTY AUDITOR SHALL MAKE THE payments made after the rule's effective date shall be made by the county treasurer on warrant of the county auditor SPECIFIED IN THE RULE. The department shall thereafter advance from state and federal funds sufficient funds to provide the county treasurer with FUNDS IN the amount estimated to represent the state and federal shares of such THE payments THE COUNTY MAKES. State and federal moneys received by the county shall be deposited in the public assistance fund established under section 5101.161 of the Revised Code, and all payments shall be made from that fund. Expenditures for county administration shall be paid by the county treasurer on warrant of the county auditor.

(D) The director may apply to the United States secretary of health and human services for a waiver of federal requirements to implement this division. Subject to the terms and conditions of the waiver, the director may authorize one or more counties to implement a program under which, in lieu of the sanctions prescribed in sections 5101.88 and 5101.881 of the Revised Code, payments for cash assistance under this chapter to an assistance group that includes a member participating in theJOBSprogram established under sections 5101.80 to 5101.94 of the Revised Code shall be made after the member has participated in the program a period of time specified in rules the department shall adopt in accordance with Chapter 119. of the Revised Code.

Sec. 5107.02. SUBJECT TO THE AVAILABILITY OF FUNDS, THE DEPARTMENT OF HUMAN SERVICES SHALL ESTABLISH AS A COMPONENT OF THE OHIO WORKS FIRST PROGRAM AN OHIO WORKS PROGRAM. UNDER THE OHIO WORKS COMPONENT, A RECIPIENT SHALL RECEIVE, EXCEPT AS OTHERWISE PROVIDED BY THIS CHAPTER AND SECTIONS 5101.95 AND 5111.017 of the Revised Code, ONGOING BUT TIME-LIMITED CASH ASSISTANCE IN EXCHANGE FOR SATISFYING WORK RESPONSIBILITIES AND OTHER REQUIREMENTS FOR ASSISTANCE.

A RECIPIENT OF OHIO WORKS IS ELIGIBLE FOR MEDICAL ASSISTANCE UNDER CHAPTER 5111. of the Revised Code.

Sec. 5107.16 5107.03. The SUBJECT TO THE AVAILABILITY OF FUNDS, THE department of human services shall implement the family ESTABLISH AS A COMPONENT OF THE OHIO WORKS FIRST PROGRAM AN emergency assistance program to provide emergency assistance to families with children, INCLUDING FAMILIES IN NEED OF EMERGENCY ASSISTANCE UNDER SECTION 5153.165 of the Revised Code. The program shall be operated COUNTY DEPARTMENTS OF HUMAN SERVICES SHALL ADMINISTER THIS COMPONENT in accordance with section 406(e) of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 606, as amended. To implement this section, the department shall amend THE PROVISIONS OF the state plan for aid to dependent children OHIO WORKS FIRST prepared in accordance with section 5107.02 5107.06 of the Revised Code THAT CONCERN THE EMERGENCY ASSISTANCE COMPONENT AND RULES ADOPTED UNDER SECTION 5107.07 of the Revised Code. The department shall adopt rules as needed for purposes of implementing and operating the program. On receiving federal approval of state plan amendments made pursuant to division (B) of section 5153.165 of the Revised Code, the department shall promptly adopt rules governing the provision of assistance through the program under that section. All rules adopted under this section shall be adopted in accordance with section 111.15 of the Revised Code. ASSISTANCE PROVIDED UNDER THE EMERGENCY ASSISTANCE COMPONENT SHALL BE COORDINATED WITH ASSISTANCE PROVIDED UNDER THE PREVENTION AND RETENTION ASSISTANCE COMPONENT.

EXCEPT AS PROVIDED IN RULES ADOPTED UNDER SECTION 5107.07 OF THE REVISED CODE, THE REQUIREMENTS OF THE OHIO WORKS COMPONENT DO NOT APPLY TO THE EMERGENCY ASSISTANCE COMPONENT.

AN INDIVIDUAL ELIGIBLE FOR THE EMERGENCY ASSISTANCE COMPONENT IS NOT ELIGIBLE FOR MEDICAL ASSISTANCE UNDER CHAPTER 5111. of the Revised Code UNLESS THE INDIVIDUAL IS ELIGIBLE PURSUANT TO SECTION 5111.01 of the Revised Code.

Sec. 5107.04. SUBJECT TO THE AVAILABILITY OF FUNDS, THE DEPARTMENT OF HUMAN SERVICES SHALL ESTABLISH AS A COMPONENT OF THE OHIO WORKS FIRST PROGRAM A PREVENTION AND RETENTION ASSISTANCE PROGRAM TO PROVIDE ASSISTANCE TO FAMILIES WITH CHILDREN THAT NEED ASSISTANCE IN OVERCOMING IMMEDIATE BARRIERS TO ACHIEVING OR MAINTAINING SELF-SUFFICIENCY AND, WITHOUT THE ASSISTANCE, WOULD REQUIRE ASSISTANCE UNDER THE OHIO WORKS COMPONENT. A BOARD OF COUNTY COMMISSIONERS, AFTER CONSULTING WITH THE COUNTY DEPARTMENT OF HUMAN SERVICES, MAY ADOPT A RESOLUTION PROVIDING FOR THE COUNTY NOT TO IMPLEMENT THE PREVENTION AND RETENTION ASSISTANCE COMPONENT IN THE COUNTY. ASSISTANCE PROVIDED UNDER THE PREVENTION AND RETENTION ASSISTANCE COMPONENT SHALL BE COORDINATED WITH ASSISTANCE PROVIDED UNDER THE EMERGENCY ASSISTANCE COMPONENT.

EXCEPT AS PROVIDED IN RULES ADOPTED UNDER SECTION 5107.07 of the Revised Code, THE REQUIREMENTS OF THE OHIO WORKS COMPONENT DO NOT APPLY TO THE PREVENTION AND RETENTION ASSISTANCE COMPONENT.

AN INDIVIDUAL ELIGIBLE FOR THE PREVENTION AND RETENTION ASSISTANCE COMPONENT IS NOT ELIGIBLE FOR MEDICAL ASSISTANCE UNDER CHAPTER 5111. of the Revised Code UNLESS THE INDIVIDUAL IS ELIGIBLE PURSUANT TO SECTION 5111.01 of the Revised Code.

Sec. 5107.02 5107.06. (A) The department of human services shall:

(1) Prepare and submit to the United States secretary of health and human services a STATE plan for aid to dependent children THE OHIO WORKS FIRST PROGRAM AND AMENDMENTS TO THE PLAN THAT THE DEPARTMENT DETERMINES NECESSARY;

(2) Prescribe forms for applications, certificates, reports, records and accounts of the county administration DEPARTMENTS OF HUMAN SERVICES, and other matters;

(3) Make such reports, in such form and containing such information as the administration DEPARTMENT may find necessary to assure the correctness and verification of such reports;

(4) Require such reports and information from each county administration DEPARTMENT OF HUMAN SERVICES as may be necessary or advisable;

(5) Provide, by rules or otherwise, for putting into effect such methods of administration and procedure as are found by the administration or the department to be necessary to the efficient operation of the plan in the respective counties;

(6) Afford a fair hearing IN ACCORDANCE WITH SECTION 5101.35 of the Revised Code to any individual entitled thereto under section 5107.05 of the Revised Code, in which case the finding and order of the department shall be final APPLICANT FOR, OR RECIPIENT OR FORMER RECIPIENT OF, OHIO WORKS FIRST AGGRIEVED BY A DECISION REGARDING THE PROGRAM;

(7)(6) Administer and expend, pursuant to this chapter, any sums appropriated by the general assembly for the purpose of this chapter and all sums paid to the state by the secretary of the treasury of the United States as authorized by Title IV-A of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended;

(8)(7) Conduct such investigations as are necessary;

(9)(8) Enter into reciprocal agreements with other states relative to the provision of aid to dependent children OHIO WORKS FIRST to residents and nonresidents;

(10) Adopt rules establishing eligibility requirements for aid and the method of determining the amount of aid an assistance group may receive under this chapter. The rules shall specify what is considered countable income for the purpose of determining financial eligibility and the amount of assistance an assistance group may receive under this chapter. The rules shall be consistent with Title IV-A of the "Social Security Act," regulations promulgated by and the plan for aid to dependent children approved by the United States secretary of health and human services under Title IV-A of that act, this chapter, and any other section of the Revised Code establishing conditions and requirements of aid under this chapter.

(B)(1) The department shall (9) ANNUALLY determine a minimum standard as of January 1, 1979, and shall update the minimum standard annually. "Minimum standard" means the minimum amounts of income and resources necessary for persons to maintain health and decency.

(2) The department shall establish, by rule, a payment standard based on state appropriations that is the maximum amount of aid an assistance group may receive under this chapter.

(C) For the purpose of investigations, any authorized representative of the department shall have access to all records and information bearing thereon.

The department may adopt reasonable rules governing the custody, use, and preservation of the records, papers, files, and communications of the department, the county administration for aid to dependent children, and all other state and county officials participating in the administration of this chapter. Wherever names and addresses of recipients of aid to dependent children or applicants for such aid or any other disclosure of information concerning such recipients or applicants are furnished to or held by any other agency, department, or officer of government, such agency, department, or officer of government shall adopt rules necessary to prevent the publication of lists thereof or the disclosure of information concerning applicants and recipients or the use of such lists or information for purposes not directly connected with the administration of aid to dependent children.

No person shall, except for purposes directly connected with the administration of public assistance, and in accordance with the rules of the department solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, any list of or names of, persons applying for or receiving such assistance, directly or indirectly derived from the records, papers, files, or communications of the department or county administrations or agencies thereof, or acquired in the course of the performance of official duties.

(D) Each county administration shall comply with the rules, determinations, and orders of the department.

(B) AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT OR A COUNTY DEPARTMENT OF HUMAN SERVICES SHALL HAVE ACCESS TO ALL RECORDS AND INFORMATION BEARING THEREON FOR THE PURPOSES OF INVESTIGATIONS CONDUCTED PURSUANT TO THIS SECTION.

Sec. 5107.07. (A) THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES TO IMPLEMENT THIS CHAPTER. THE RULES SHALL BE CONSISTENT WITH TITLE IV-A, TITLE IV-D, FEDERAL REGULATIONS, THE REVISED CODE, THE STATE PLAN FOR OHIO WORKS FIRST PREPARED UNDER SECTION 5107.06 of the Revised Code, AND WAIVERS GRANTED BY THE UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES. RULES GOVERNING ELIGIBILITY, PROGRAM PARTICIPATION, AND OTHER APPLICANT AND RECIPIENT REQUIREMENTS SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. of the Revised Code. RULES GOVERNING FINANCIAL AND OTHER ADMINISTRATIVE REQUIREMENTS APPLICABLE TO THE DEPARTMENT AND COUNTY DEPARTMENTS OF HUMAN SERVICES SHALL BE ADOPTED IN ACCORDANCE WITH SECTION 111.15 of the Revised Code.

(1) THE RULES SHALL SPECIFY, ESTABLISH, OR PROVIDE FOR ALL OF THE FOLLOWING:

(a) METHODS OF ADMINISTRATION AND PROCEDURE THAT THE DEPARTMENT DETERMINES NECESSARY FOR THE EFFICIENT OPERATION OF THE OHIO WORKS FIRST PROGRAM BY THE DEPARTMENT AND COUNTY DEPARTMENTS OF HUMAN SERVICES;

(b) A PAYMENT STANDARD BASED ON FEDERAL AND STATE APPROPRIATIONS THAT IS THE MAXIMUM AMOUNT OF ASSISTANCE AN ASSISTANCE GROUP MAY RECEIVE UNDER THE OHIO WORKS COMPONENT FROM FEDERAL AND STATE FUNDS. A COUNTY MAY USE COUNTY FUNDS TO INCREASE THE AMOUNT AN ASSISTANCE GROUP RECEIVES.

(c) REQUIREMENTS FOR INITIAL AND CONTINUED ELIGIBILITY FOR OHIO WORKS, INCLUDING REQUIREMENTS REGARDING INCOME, CITIZENSHIP, AGE, RESIDENCE, AND ASSISTANCE GROUP COMPOSITION. THE DEPARTMENT MAY ESTABLISH RESOURCE LIMITS.

(d) REQUIREMENTS FOR ELIGIBILITY FOR EMERGENCY ASSISTANCE, INCLUDING WHAT CONSTITUTES AN EMERGENCY AND THE FREQUENCY WITH WHICH A FAMILY MAY RECEIVE EMERGENCY ASSISTANCE. THE RULES SHALL SPECIFY WHICH REQUIREMENTS OF THE OHIO WORKS COMPONENT APPLY TO EMERGENCY ASSISTANCE.

(e) REQUIREMENTS FOR PREVENTION AND RETENTION ASSISTANCE. THE RULES SHALL SPECIFY WHICH REQUIREMENTS OF THE OHIO WORKS COMPONENT APPLY TO PREVENTION AND RETENTION ASSISTANCE.

(f) FOR THE PURPOSE OF SECTION 5107.09 of the Revised Code, APPLICATION AND VERIFICATION PROCEDURES, INCLUDING THE INFORMATION AN APPLICATION MUST CONTAIN;

(g) THE METHOD TO DETERMINE THE AMOUNT OF ASSISTANCE AN ASSISTANCE GROUP RECEIVES;

(h) SERVICES PROVIDED TO ASSISTANCE GROUPS;

(i) SPECIAL PROJECTS AND REQUIREMENTS THE DEPARTMENT DETERMINES ARE NECESSARY TO ACCOMPLISH THE GOALS OF OHIO WORKS FIRST;

(j) THE EXTENT TO WHICH A RECIPIENT OF THE OHIO WORKS COMPONENT MUST NOTIFY, PURSUANT TO SECTION 5107.09 of the Revised Code, A COUNTY DEPARTMENT OF ADDITIONAL INCOME OR, IF A RESOURCE LIMIT IS ESTABLISHED, RESOURCES NOT PREVIOUSLY REPORTED TO THE COUNTY DEPARTMENT;

(k) REQUIREMENTS FOR COLLECTION AND DISTRIBUTION OF SUPPORT PAYMENTS OWED RECIPIENTS OF THE OHIO WORKS FIRST PROGRAM PURSUANT TO SECTION 5107.11 of the Revised Code;

(l) REQUIREMENTS GOVERNING SELF-SUFFICIENCY CONTRACTS UNDER SECTION 5107.20 of the Revised Code;

(m) FOR THE PURPOSE OF SECTION 5107.24 of the Revised Code, WHAT CONSTITUTES COOPERATING IN ESTABLISHING A CHILD'S PATERNITY OR ESTABLISHING, MODIFYING, OR ENFORCING A CHILD SUPPORT ORDER AND GOOD CAUSE FOR FAILURE OR REFUSAL TO COOPERATE. THE RULE SHALL BE CONSISTENT WITH 42 U.S.C. 654(29).

(n) THE DEFINITION OF "OTHER ADULT RELATIVE" FOR THE PURPOSE OF SECTION 5107.26 of the Revised Code;

(o) THE ADMINISTRATION OF THE LEAP PROGRAM PROVIDED FOR UNDER SECTION 5107.30 of the Revised Code;

(p) THE ADMINISTRATION OF THE LEARNFARE PROGRAM ESTABLISHED UNDER SECTION 5107.32 of the Revised Code, INCLUDING ALL OF THE FOLLOWING:

(i) THE SCHOOL ATTENDANCE REQUIREMENT FOR LEARNFARE PARTICIPANTS;

(ii) AN INCENTIVE TO ENCOURAGE A PARENT OR, IF THE PARTICIPANT IS AGE EIGHTEEN OR NINETEEN, A PARTICIPANT TO CONSENT TO THE RELEASE OF THE PARTICIPANT'S SCHOOL ATTENDANCE RECORDS AND THE PARTICIPANT TO COMPLY WITH THE PROGRAM'S ATTENDANCE REQUIREMENT;

(iii) ANY PROCEDURES OR REQUIREMENTS THE DEPARTMENT CONSIDERS NECESSARY FOR IMPLEMENTATION OF THE PROGRAM.

THE DEPARTMENT SHALL ADOPT RULES UNDER DIVISION (A)(1)(p)OF THIS SECTION IN CONSULTATION WITH THE STATE BOARD OF EDUCATION.

(q) HOW TO DETERMINE WHETHER A PERSON IS DEVELOPMENTALLY DISABLED OR MENTALLY ILL FOR THE PURPOSE OF SECTION 5107.34 of the Revised Code. THE DEPARTMENT SHALL ADOPT THIS RULE IN COLLABORATION WITH THE DEPARTMENTS OF MENTAL HEALTH AND MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES.

(r) HOW TO DETERMINE WHETHER A PERSON HAS A SEVERE LEARNING DISABILITY FOR THE PURPOSE OF SECTION 5107.34 of the Revised Code. THE DEPARTMENT SHALL ADOPT THIS RULE IN CONSULTATION WITH THE DEPARTMENT OF EDUCATION.

(s) THE ADMINISTRATION OF WORK RESPONSIBILITIES UNDER THE OHIO WORKS COMPONENT ESTABLISHED BY SECTIONS 5107.40 TO 5107.68 of the Revised Code. THE RULES SHALL SPECIFY, ESTABLISH, OR PROVIDE FOR ALL OF THE FOLLOWING:

(i) APPLICANT AND RECIPIENT PARTICIPATION REQUIREMENTS;

(ii) THE METHOD TO BE USED TO DETERMINE THE NUMBER OF HOURS A RECIPIENT MUST PARTICIPATE IN A WORK ACTIVITY OR ALTERNATIVE WORK ACTIVITY, WHICH SHALL NOT BE LESS THAN TWENTY AND NOT MORE THAN FORTY HOURS A WEEK;

(iii) FOR THE PURPOSE OF DIVISION (B)(5) OF SECTION 5107.47 of the Revised Code, CIRCUMSTANCES CONSIDERED TO BE A BARRIER TO EMPLOYMENT. THE LIMIT ON SUPPORT SERVICES ESTABLISHED BY DIVISION (A)(3) OF SECTION 5107.60 of the Revised Code IS NOT A BARRIER TO EMPLOYMENT.

(iv) FOR THE PURPOSE OF SECTION 5107.52 of the Revised Code, THE METHOD BY WHICH THE DEPARTMENT MAY SHARE THE COSTS OF WAGES AND OTHER BENEFITS UNDER THE SUBSIDIZED EMPLOYMENT PROGRAM WITH A PUBLIC AGENCY HIRING AN OHIO WORKS RECIPIENT AND THE PERIOD OF TIME A POSITION MAY BE SUBSIDIZED UNDER THE PROGRAM;

(v) REQUIREMENTS FOR ESTABLISHING WORK ACTIVITIES AND ALTERNATIVE WORK ACTIVITIES UNDER SECTION 5107.60 of the Revised Code;

(vi) FOR THE PURPOSE OF DIVISION (A)(2) OF SECTION 5107.60 of the Revised Code, MINIMUM STANDARDS FOR VOCATIONAL EDUCATION PROGRAMS AND OTHER EDUCATIONAL PROGRAMS;

(vii) THE METHOD BY WHICH AN APPLICANT OR RECIPIENT MAY DEMONSTRATE TO THE COUNTY DEPARTMENT A WILLINGNESS TO CEASE A VIOLATION OF THE WORK RESPONSIBILITY;

(viii) FOR THE PURPOSE OF SECTION 5107.61 of the Revised Code, SUPPORT SERVICES THAT ARE NECESSARY FOR AN OHIO WORKS RECIPIENT TO PARTICIPATE IN A WORK ACTIVITY OR ALTERNATIVE WORK ACTIVITY.

(2) THE RULES MAY SPECIFY, ESTABLISH, OR PROVIDE FOR THE FOLLOWING:

(a) THAT COUNTIES MAKE ALL OR A PORTION OF PAYMENTS UNDER SECTION 5107.01 of the Revised Code FOR OHIO WORKS FIRST AND MEDICAL ASSISTANCE PROVIDED UNDER CHAPTER 5111. of the Revised Code TO RECIPIENTS OF THE OHIO WORKS COMPONENT;

(b) THAT A COUNTY DEPARTMENT OF HUMAN SERVICES IS NOT REQUIRED TO TAKE ACTION UNDER SECTION 5107.14 of the Revised Code TO RECOVER AN ERRONEOUS PAYMENT THAT IS BELOW AN AMOUNT THE DEPARTMENT SPECIFIES;

(c) THAT THE DEPARTMENT PAY WORKERS' COMPENSATION PREMIUMS FOR AGENCIES AND ORGANIZATIONS PURSUANT TO DIVISION (C) OF SECTION 5107.54 of the Revised Code.

(B) EACH COUNTY DEPARTMENT OF HUMAN SERVICES SHALL COMPLY WITH THE STATE DEPARTMENT'S RULES, DETERMINATIONS, AND ORDERS.

Sec. 5107.05 5107.09. Application for aid AN ASSISTANCE GROUP SEEKING ASSISTANCE under this chapter OHIO WORKS FIRST shall be made APPLY to the A county administration and the DEPARTMENT OF HUMAN SERVICES USING AN application shall contain such CONTAINING information as the STATE department of human services may require REQUIRES PURSUANT TO RULES ADOPTED UNDER SECTION 5107.07 of the Revised Code. Unless THE ASSISTANCE GROUP SHALL USE THE APPLICATION APPROPRIATE FOR THE COMPONENT OF OHIO WORKS FIRST SOUGHT.

UNLESS the director of human services has provided for the making of payments of aid ASSISTANCE under this chapter THE OHIO WORKS COMPONENT by electronic benefit transfer pursuant to section 5101.33 of the Revised Code, accompanying the application in any county with a system of direct deposit for payments of such aid ASSISTANCE shall be the authorization form that contains the statement required by section 329.03 of the Revised Code. If the assistance is to be paid by the auditor of state through the medium of direct deposit, the application shall be accompanied by an authorization form on which the applicant states one the following:

(A) The applicant's designation of a financial institution that is equipped for electronic fund transfers and authorized by law to accept direct deposits by electronic transfer and the account to which the applicant wishes the payments to be made by direct deposit;

(B) The applicant's desire to receive such payments in the form of a paper warrant.

When a county administration DEPARTMENT receives an application for aid ASSISTANCE under this chapter OHIO WORKS FIRST, it shall promptly make an investigation and record of the circumstances of the applicant in order to ascertain the facts surrounding the application and to obtain such other information as may be required. Upon the completion of the investigation, the county administration DEPARTMENT shall determine whether the applicant is eligible for aid ASSISTANCE, the amount of aid ASSISTANCE the applicant should receive, and the approximate date when such aid THE ASSISTANCE shall begin. The amount so determined shall be certified to the STATE department of human services in such form as the department shall prescribe. Warrants, direct deposits, or debit cards shall be delivered or made payable to the caretaker of the child, or the child's duly appointed guardian, or another individual who is concerned with the welfare of the recipient, or vendor payments may be made on behalf of such child under conditions that would qualify such payments for federal matching, by the department in such THE manner as the STATE department may prescribe except that warrants for the payment of health care or foster care shall, at the option of the department, be made payable to, and delivered to, the persons or agencies furnishing such care.

If, during the continuance of aid, the recipient becomes possessed of income or resources in excess of the amount previously reported, the TO THE EXTENT REQUIRED BY RULES ADOPTED UNDER SECTION 5107.07 of the Revised Code, A recipient OF THE OHIO WORKS COMPONENT shall notify the county administration of this fact DEPARTMENT immediately upon the receipt or possession of such additional income or, IF A RESOURCE LIMIT IS ESTABLISHED BY THOSE RULES, resources NOT PREVIOUSLY REPORTED TO THE COUNTY DEPARTMENT. Any failure to report a possession of income or resources in excess of the amount previously reported by the recipient in compliance with this chapter to the SO NOTIFY A county administration DEPARTMENT shall be regarded as prima-facie evidence of an intent to defraud.

An applicant or recipient aggrieved because of a county administration's decision or delay in making a decision may appeal to the department in the manner prescribed by the department and shall be afforded reasonable notice and opportunity for a fair hearing. All decisions of the department made on appeal shall be final and binding upon and complied with by the county administration.

Any person who applies for aid under this section shall receive a voter registration application under section 3503.10 of the Revised Code.

Sec. 5107.07 5107.11. (A) The acceptance of aid ASSISTANCE under this chapter THE OHIO WORKS FIRST PROGRAM constitutes an assignment to the department of human services of any rights an individual receiving aid ASSISTANCE has to support from any other person, excluding medical support assigned pursuant to section 5101.59 of the Revised Code. The rights to support assigned to the department pursuant to this section constitute an obligation of the person who is responsible for providing the support to the state for the amount of aid payments ASSISTANCE PROVIDED to the recipient or recipients whose needs are included in determining the amount of aid received THE MEMBERS OF THE RECIPIENT'S ASSISTANCE GROUP. Support

A CHILD SUPPORT ENFORCEMENT AGENCY SHALL COLLECT AND DISTRIBUTE SUPPORT payments assigned to the state pursuant to this section shall be collected by the county administration, and reimbursements for aid payments shall be credited to the county, state, and federal governments in the same proportions as they participate in the financing of such payments. Support obligations owed to children shall be distributed OHIO WORKS FIRST RECIPIENTS, WHETHER ASSIGNED TO THE DEPARTMENT OR UNASSIGNED, in accordance with laws and rules applicable to the federal child support program under the "Social Services Amendments of 1974," 88 Stat. 2351, 42 U.S.C.A. 651, as amended TITLE IV-D, FEDERAL REGULATIONS, THE REVISED CODE, AND RULES ADOPTED UNDER SECTION 5107.07 of the Revised Code.

(B) If a A child support enforcement agency THAT receives in any month support payments that are made in accordance with a support order and that are subject to division (A) of this section, the agency, in accordance with division (A) of this section and the rules adopted pursuant to division (D) of this section, ASSIGNED TO THE DEPARTMENT shall pay the support payments to the department of human services. Upon receipt of any support payments pursuant to this division, the department, in accordance with the rules adopted pursuant to division (D) of this section and to the extent applicable, shall do all of the following:

(1) If any of the IF A CHILD SUPPORT ENFORCEMENT AGENCY RECEIVES, IN THE MONTH IN WHICH IT IS DUE UNDER A SUPPORT ORDER, A support payments are received by the child support enforcement agency PAYMENT ASSIGNED TO THE DEPARTMENT OR AN OBLIGOR MAKES, in the month in which they were IT IS due under the A support order, A SUPPORT PAYMENT ASSIGNED TO THE DEPARTMENT AND THE CHILD SUPPORT ENFORCEMENT AGENCY RECEIVES THE SUPPORT PAYMENT IN A SUBSEQUENT MONTH, THE DEPARTMENT SHALL pay the first fifty dollars of those payments or the amount payable pursuant to division (E) of this section THE SUPPORT PAYMENT to the obligee no later than fifteen days after the last of those payments were received in the applicable month by the agency;

(2) If any of the support payments are received by the child support enforcement agency in a month subsequent to the month in which the payments were due under the support order and if the obligor made the support payments in the month in which they were due under the support order, pay the first fifty dollars of those support payments or the amount payable pursuant to division (E) of this section to the obligee no later than fifteen days after the last of those payments were received in the applicable month by the agency;

(3) If divisions (B)(1) and (2) of this section are not applicable, pay the full amount of the support payments to the appropriate governmental entities in accordance with division (A) of this section and the rules adopted pursuant to division (D) of this section. THE PAYMENT TO THE OBLIGEE SHALL BE CREDITED TO THE OBLIGEE FOR THE MONTH IT IS DUE REGARDLESS OF WHEN IT IS RECEIVED.

(C) Child support collections received by the state THE DEPARTMENT SHALL DEPOSIT SUPPORT PAYMENTS IT RECEIVES pursuant to DIVISION (B) OF this section shall be deposited in INTO the state treasury to the credit of the child support collections fund, which is hereby created. Money credited to the fund shall be used to make aid ASSISTANCE payments under this chapter THE OHIO WORKS FIRST PROGRAM.

(D) The department of human services, in accordance with section 111.15 of the Revised Code, shall adopt rules establishing procedures for the administration of this section. The rules shall include, but are not limited to, all of the following:

(1) Procedures to ensure that the payments required by divisions (B)(1) and (2) of this section are made within the required period of time;

(2) Procedures establishing a period of time within which child support enforcement agencies are required to pay support payments to the department of human services pursuant to division (B) of this section, which specified period of time shall enable the department to comply with the time deadlines in divisions (B)(1) and (2) of this section;

(3) Procedures to ensure compliance with division (E) of this section;

(4) Any other procedures necessary to ensure compliance with any applicable state or federal laws.

(E) If the amount of support payments that federal law requires to be disregarded in determining eligibility for aid under this chapter exceeds fifty dollars, the amount paid to an obligee pursuant to divisions (B)(1) and (2) of this section shall be the amount that federal law requires to be disregarded when determining the eligibility of the family of an obligee for aid under this chapter.

(F) As used in this section, "support order," "support," "obligee," and "obligor" have the same meanings as in section 3113.21 of the Revised Code.

Sec. 5107.12. Aid ASSISTANCE under this chapter shall be THE OHIO WORKS FIRST PROGRAM IS inalienable whether by way of assignment, charge, or otherwise, and exempt from execution, attachment, garnishment, and other like process.

Sec. 5107.04 5107.14. (A) As used in this section, "erroneous payments" means payments of aid ASSISTANCE made under this chapter THE OHIO WORKS FIRST PROGRAM to persons who are ASSISTANCE GROUPS not entitled ELIGIBLE to receive them, including aid ASSISTANCE paid as a result of misrepresentation or fraud, and aid ASSISTANCE paid due to an error by the recipient A MEMBER OF AN ASSISTANCE GROUP or by the A county department of human services that made the payment.

(B) The amount of aid payable under this chapter in respect to any children living in the same home shall be determined on the basis of actual need as determined by the state department of human services based on state appropriations, taking into account the resources and income from other sources of such children, their parents, and the relatives in whose home they are living.

(C) The EXCEPT AS PROVIDED IN RULES ADOPTED UNDER SECTION 5107.07 of the Revised Code, EACH county department of human services shall take action to recover erroneous payments, which. ACTION may include REDUCING PAYMENTS OF ASSISTANCE MADE UNDER OHIO WORKS FIRST TO ASSISTANCE GROUPS THAT RECEIVE ERRONEOUS PAYMENTS OR instituting a civil action. Whenever aid has been furnished to a recipient for whose support another person is responsible such other person shall, in addition to the liability otherwise imposed, as a consequence of failure to support such recipient, be liable for all aid furnished to such recipient. The value of the aid so furnished may be recovered in a civil action brought by the county department.

(D) Each county department of human services shall retain fifty per cent of the nonfederal share of the erroneous payments it recovers, PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT, DETERMINES OCCURRED under this section, REGARDLESS OF WHEN RECOVERY IS MADE. The department of human services shall receive the remaining fifty per cent of the nonfederal share of the recovered THOSE payments. EACH COUNTY DEPARTMENT SHALL RETAIN TWENTY-FIVE PER CENT OF ERRONEOUS PAYMENTS IT, ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, DETERMINES OCCURRED AND RECOVERS AND THE STATE DEPARTMENT SHALL RECEIVE THE REMAINING SEVENTY-FIVE PER CENT.

Sec. 5107.041 5107.15. As used in this section, "fraudulent payment" means a payment of aid ASSISTANCE under this chapter THE OHIO WORKS FIRST PROGRAM to or on behalf of an assistance group that is made as a result of fraud by a member of the assistance group. "Fraudulent payment" does not include a payment under this chapter THE OHIO WORKS FIRST PROGRAM to or on behalf of an assistance group that is made as a result of an error that is the fault of a county department of human services or the state department of human services.

Subject to the terms and conditions of federal waivers granted pursuant to an application made under section 5101.09 of the Revised Code, if IF a county director of human services determines that an assistance group has received a fraudulent payment, the assistance group is ineligible for aid ASSISTANCE under this chapter THE OHIO WORKS FIRST PROGRAM until a member of the assistance group repays the fraudulent payment. The assistance group's eligibility for aid under this chapter shall not be terminated until after the assistance group has exhausted its appeals under section 5101.35 of the Revised Code if the assistance group appeals under that section. If a member repays the fraudulent payment and the assistance group otherwise meets the eligibility requirements for aid under this chapter THE OHIO WORKS FIRST PROGRAM, the assistance group is eligible for resumed aid under this chapter SHALL NOT BE DENIED ASSISTANCE UNDER THE PROGRAM. A person who would be eligible for aid under this chapter if not for this section is eligible for medical assistance under Chapter 5111. of the Revised Code.

If any provision of this section conflicts with the terms and conditions of a federal waiver granted pursuant to an application made under section 5101.09 of the Revised Code, the terms and conditions of the federal waiver prevail.

THIS SECTION DOES NOT LIMIT THE ABILITY OF A COUNTY DEPARTMENT OF HUMAN SERVICES TO RECOVER ERRONEOUS PAYMENTS UNDER SECTION 5107.14 of the Revised Code.

Sec. 5107.32 5107.20. (A) As used in this section, "adult" means a person age eighteen or older.

(B) Subject to the terms and conditions of federal waivers granted pursuant to an application made under section 5101.09 of the Revised Code, an AN assistance group is ineligible for aid ASSISTANCE under this chapter THE OHIO WORKS COMPONENT unless each adult member of the assistance group, at the time the assistance group applies for aid ASSISTANCE or is undergoing a redetermination of eligibility for aid ASSISTANCE under this chapter THE COMPONENT, enters into a WRITTEN self-sufficiency contract with the county department of human services under which. THE CONTRACT SHALL PROVIDE FOR the assistance group agrees, IN EXCHANGE FOR ASSISTANCE PROVIDED UNDER THE COMPONENT, to comply with all requirements for aid ASSISTANCE under this chapter THE COMPONENT, including theJOBSprogram WORK RESPONSIBILITIES established under sections 5101.80 5107.40 to 5101.94 5107.68 of the Revised Code and other education and work training activities REQUIREMENTS designed to assist persons in obtaining employment. THE COUNTY DEPARTMENT SHALL PROVIDE WITHOUT CHARGE A COPY OF THE CONTRACT TO EACH ASSISTANCE GROUP MEMBER WHO SIGNS IT. A person who would be eligible for aid ASSISTANCE under this chapter THE COMPONENT if not for this section is eligible for medical assistance under Chapter 5111. of the Revised Code.

The department of human services shall adopt rules in accordance with Chapter 119. of the Revised Code that are necessary to implement this section. The rules shall include the contract document that adult assistance group members must sign under this section. The contract shall state the responsibilities of applicants for and recipients of aid under this chapter.

If any provision of this section conflicts with the terms and conditions of a federal waiver granted pursuant to an application made under section 5101.09 of the Revised Code, the terms and conditions of the federal waiver prevail.

EACH SELF-SUFFICIENCY CONTRACT SHALL INCLUDE, BASED ON ASSESSMENTS PERFORMED UNDER SECTION 5107.43 OF THE REVISED CODE, THE FOLLOWING:

(A) EMPLOYMENT GOALS FOR MEMBERS OF THE ASSISTANCE GROUP DEVELOPED UNDER SECTION 5107.45 OF THE REVISED CODE AND ACTIONS THE MEMBERS ARE TO TAKE TO ACHIEVE THE GOALS. THE ACTIONS MAY INCLUDE WORK ACTIVITIES AND ALTERNATIVE WORK ACTIVITIES UNDER SECTIONS 5107.40 TO 5107.68 OF THE REVISED CODE THAT ASSIST IN ACHIEVING THE GOALS.

(B) THE RESPONSIBILITIES OF THE ASSISTANCE GROUP AND THE CONSEQUENCES FOR FAILURE OR REFUSAL TO SATISFY THE RESPONSIBILITIES;

(C) ASSISTANCE THE ASSISTANCE GROUP IS TO RECEIVE;

(D) OTHER PROVISIONS DESIGNED TO ASSIST THE ASSISTANCE GROUP IN BECOMING SELF-SUFFICIENT;

(E) PROCEDURES FOR REVIEWING WHETHER RESPONSIBILITIES ARE BEING SATISFIED AND AMENDING THE CONTRACT TO REFLECT CHANGES IN STATUS OR GOALS;

(F) A STATEMENT THAT THE PURPOSE OF THE OHIO WORKS COMPONENT IS TO PROVIDE ASSISTANCE IN EXCHANGE FOR AN ASSISTANCE GROUP SATISFYING REQUIREMENTS DESIGNED TO LEAD TO SELF-SUFFICIENCY.

Sec. 5107.22. (A) EXCEPT AS PROVIDED IN DIVISIONS (B), (C), AND (D) OF THIS SECTION, AN ASSISTANCE GROUP IS INELIGIBLE FOR ASSISTANCE UNDER THE OHIO WORKS COMPONENT IF THE ASSISTANCE GROUP INCLUDES AN ADULT WHO HAS RECEIVED FOR THIRTY-SIX MONTHS ASSISTANCE FUNDED AT LEAST IN PART WITH FEDERAL FUNDS PROVIDED UNDER TITLE IV-A. ONLY ASSISTANCE PROVIDED ON OR AFTER OCTOBER 1, 1997, APPLIES TO THE TIME LIMIT. THE TIME LIMIT APPLIES REGARDLESS OF WHETHER THE ASSISTANCE IS RECEIVED IN CONSECUTIVE MONTHS OR IN THIS OR ANOTHER STATE. THE TIME LIMIT IS A LIFETIME LIMIT.

AN ASSISTANCE GROUP THAT WOULD RECEIVE ASSISTANCE UNDER THE OHIO WORKS COMPONENT IF NOT FOR THIS SECTION IS OTHERWISE ELIGIBLE FOR, AND SUBJECT TO ALL THE REQUIREMENTS OF, PUBLICLY FUNDED CHILD DAY-CARE UNDER CHAPTER 5104. AND MEDICAL ASSISTANCE PROVIDED UNDER CHAPTER 5111. of the Revised Code.

(B) IN DETERMINING THE NUMBER OF MONTHS FOR WHICH A PARENT OR PREGNANT WOMAN HAS RECEIVED ASSISTANCE FUNDED AT LEAST IN PART WITH FEDERAL FUNDS PROVIDED UNDER TITLE IV-A, A COUNTY DEPARTMENT OF HUMAN SERVICES SHALL DISREGARD ANY MONTH FOR WHICH THE ASSISTANCE WAS PROVIDED WHILE THE PARENT OR PREGNANT WOMAN WAS A MINOR CHILD AND NOT THE HEAD OF AN ASSISTANCE GROUP OR MARRIED TO THE HEAD OF AN ASSISTANCE GROUP.

(C) IN DETERMINING THE NUMBER OF MONTHS FOR WHICH AN ADULT HAS RECEIVED ASSISTANCE FUNDED AT LEAST IN PART WITH FEDERAL FUNDS PROVIDED UNDER TITLE IV-A, A COUNTY DEPARTMENT OF HUMAN SERVICES SHALL DISREGARD ANY MONTH DURING WHICH THE ADULT LIVED ON AN INDIAN RESERVATION OR IN AN ALASKA NATIVE VILLAGE, AS THOSE TERMS ARE USED IN 42 U.S.C. 608(a)(7)(D), IF, DURING THE MONTH, AT LEAST ONE THOUSAND INDIVIDUALS LIVED ON THE RESERVATION OR IN THE VILLAGE AND AT LEAST FIFTY PER CENT OF THE ADULTS LIVING ON THE RESERVATION OR IN THE VILLAGE WERE UNEMPLOYED.

(D) A COUNTY DEPARTMENT OF HUMAN SERVICES MAY EXEMPT NOT MORE THAN TWENTY PER CENT OF THE AVERAGE MONTHLY NUMBER OF OHIO WORKS FIRST RECIPIENTS FROM THE TIME LIMIT ESTABLISHED BY DIVISION (A) OF THIS SECTION ON THE GROUNDS THAT THE TIME LIMIT IS A HARDSHIP OR THAT AN ASSISTANCE GROUP INCLUDES A MEMBER WHO HAS SUFFERED ANY OF THE FOLLOWING:

(1) PHYSICAL ACTS THAT RESULTED IN, OR THREATENED TO RESULT IN, PHYSICAL INJURY TO THE MEMBER;

(2) SEXUAL ABUSE;

(3) SEXUAL ACTIVITY INVOLVING A DEPENDENT CHILD;

(4) BEING FORCED AS THE CARETAKER RELATIVE OF A DEPENDENT CHILD TO ENGAGE IN NONCONSENSUAL SEXUAL ACTS;

(5) THREATS OF, OR ATTEMPTS AT, PHYSICAL OR SEXUAL ABUSE;

(6) MENTAL ABUSE;

(7) NEGLECT OR DEPRIVATION OF MEDICAL CARE.

Sec. 5107.071 5107.24. (A) As used in this section:

(1) "Caretaker" means the parent of a child or a relative acting in the parent's place.

(2) "Child support enforcement agency" means the entity designated as the child support enforcement agency under section 2301.35 of the Revised Code.

(3) "Paternity establishment or child support proceeding" means an interview or administrative hearing to establish a child's paternity or a support order for a child or a court proceeding to establish a child's paternity or establish, modify, or enforce a child support order.

(4) "The implementation date of this section" means the date this section is implemented as provided in rules adopted under section 5101.09 of the Revised Code.

(B) Unless good cause for failure or refusal exists AS DETERMINED PURSUANT TO RULES ADOPTED UNDER SECTION 5107.07 of the Revised Code, the caretaker of a child shall cooperate, if the caretaker is a member of the child's assistance group, in establishing the child's paternity and establishing, modifying, and enforcing a support order for the child. The child support enforcement agency with responsibility for administering the assistance group's paternity and support order requirements shall determine whether the caretaker is cooperating under this section. Cooperation includes providing sufficient information available to the caretaker to verify the identity of the child's father and establish, modify, and enforce a support order. Sufficient information may include, but is not limited to, the following about the father or each man suspected of being the father:

(1) Name, past or present address, and telephone number;

(2) Date of birth;

(3) Social security number;

(4) Past or present place of employment or school;

(5) The names and past or present addresses and telephone numbers of relatives or friends;

(6) Other information the agency determines is necessary to identify the father and establish a support order.

Information is available to the caretaker if the caretaker can obtain the information through reasonable, diligent efforts.

Cooperation includes submitting, or having the child submit, to genetic tests that the child support enforcement acency or court requires. Cooperation may also include not failing or refusing to appear at two or more consecutive paternity establishment or child support proceedings.

(C)(1) A caretaker has good cause for failure or refusal to cooperate under this section if the child support enforcement agency determines that cooperation is against the best interest of the child because of any of the following:

(a) Cooperation is reasonably anticipated to result in physical harm to the child;

(b) Cooperation is reasonably anticipated to result in physical harm to the caretaker which would reduce the caretaker's ability to care for the child adequately;

(c) The child was conceived as the result of incest or forcible rape.

(2) A caretaker who claims good cause for failure or refusal to cooperate under this section shall provide the child support enforcement agency corroborative evidence supporting the claim. A good-cause claim may be corroborated with either of the following evidence:

(a) A court, medical, criminal, child protective services, social services, psychological, or law enforcement record, or other credible and competent evidence, that indicates that the person who could be determined to be the father or against whom a support order could be established might inflict physical harm on the child or caretaker;

(b) A birth certificate or medical or law enforcement record that indicates the child was conceived as the result of incest or forcible rape.

(D) A child support enforcement agency shall notify the county department of human services serving the county in which a caretaker resides if the agency determines that the caretaker has failed or refused to cooperate under this section without good cause and the caretaker is a member of an assistance group determined or redetermined eligible for aid RECEIVING ASSISTANCE under this chapter on or after the implementation date of this section THE OHIO WORKS COMPONENT. Subject to the terms and conditions of federal waivers granted pursuant to an application made under section 5101.09 of the Revised Code, the THE county department, on receipt of the notice, shall terminate the caretaker's eligibility for aid under this chapter DEDUCT AN AMOUNT EQUAL TO TWENTY-FIVE PER CENT OF THE ASSISTANCE PAYMENT OTHERWISE PAYABLE UNDER THE OHIO WORKS COMPONENT TO THE ASSISTANCE GROUP OF THE CARETAKER. Unless the caretaker subsequently reapplies for aid under this chapter and cooperates BEGINS TO COOPERATE in establishing the child's paternity and establishing, modifying, and enforcing a child support order for the child not later than two years after losing eligibility BEING SANCTIONED under this section, the county department shall terminate the eligibility for aid ASSISTANCE under this chapter THE OHIO WORKS COMPONENT of each member of the caretaker's former assistance group. If the assistance group subsequently reapplies for aid under this chapter and the caretaker cooperates in establishing the child's paternity and establishing, modifying, and enforcing a child support order for the child, the county department shall reinstate the assistance group's eligibility for aid ASSISTANCE under this chapter THE OHIO WORKS COMPONENT if the assistance group meets all other requirements for aid under this chapter THE COMPONENT.

(E)(D) A CARETAKER SUBJECT TO A SANCTION UNDER THIS SECTION IS INELIGIBLE FOR MEDICAL ASSISTANCE UNDER CHAPTER 5111. of the Revised Code. A person, OTHER THAN A CARETAKER WHO CAUSED THE INELIGIBILITY, who would be eligible for aid ASSISTANCE under this chapter THE OHIO WORKS COMPONENT if not for this section is eligible for THE medical assistance under Chapter 5111. of the Revised Code.

(F) If any provision of this section conflicts with the terms and conditions of a federal waiver granted pursuant to an application made under section 5101.09 of the Revised Code, the terms and conditions of the federal waiver prevail.

Sec. 5107.031 5107.26. (A) As used in this section:

(1) "Adult-supervised living arrangement" means a family setting approved, licensed, or certified by the department of human services, the department of mental health, the department of mental retardation and developmental disabilities, the department of youth services, a public children services agency, or a private child placing agency, OR A PRIVATE NONCUSTODIAL AGENCY that is maintained by a person age eighteen or older who assumes responsibility for the care and control of a minor parent, pregnant minor, or child of a minor parent or provides the minor parent, pregnant minor, or child of a minor parent supportive services, including counseling, guidance, and supervision. "Adult-supervised living arrangement" does not mean a public institution.

(2) "Child of a minor parent" means a child born to a minor parent, except that the child ceases to be considered a child of a minor parent when the minor parent attains age eighteen.

(3) "Minor parent" means a parent who is under age eighteen and has never IS NOT married.

(4) "Other adult relative" has the meaning given in rules adopted by the department of human services under this section 5107.07 of the Revised Code.

(5) "Pregnant minor" means a pregnant person who is under age eighteen and has never NOT married.

(6) "Private child placing agency" and "public children services agency" have the same meanings as in section 2151.011 of the Revised Code.

(B)(1) Except as provided in division (C)(B)(2) of this section, beginning on the effective date of the rules adopted under division (F) of this section, a pregnant minor, minor parent, or child of a minor parent must reside in an adult-supervised living arrangement A PLACE OF RESIDENCE MAINTAINED BY A PARENT, LEGAL GUARDIAN, OR OTHER ADULT RELATIVE OF THE PREGNANT MINOR OR MINOR PARENT AS THE PARENT'S, GUARDIAN'S, OR ADULT RELATIVE'S OWN HOME to be eligible for assistance under this chapter THE OHIO WORKS COMPONENT.

(C)(2) A pregnant minor, minor parent, or child of a minor parent is exempt from the requirement of division (B)(1) of this section if any of the following apply:

(1)(a) The minor parent or pregnant minor does not have a parent or, legal guardian, OR OTHER ADULT RELATIVE LIVING OR WHOSE WHEREABOUTS ARE known to be residing in this state.

(2) The (b) NO parent or, legal guardian, OR OTHER ADULT RELATIVE of the minor parent or pregnant minor will not allow the pregnant minor, minor parent, or minor parent's child to live in the parent's or, legal guardian's, OR ADULT RELATIVE'S home.

(3)(c) The department of human services, a county department of human services, or a public children services agency determines that the physical or emotional health or safety of the pregnant minor, minor parent, or minor parent's child would be in jeopardy if the pregnant minor, minor parent, or minor parent's child lived in the same home as the parent or, legal guardian, OR OTHER ADULT RELATIVE.

(4) The pregnant minor or minor parent did not live in an adult-supervised living arrangement for a period of not less than one year before the date of making application for assistance under this chapter, or, in the case of a minor parent, not less than one year before the date the minor parent most recently became a parent.

(5)(d) The department of human services, A COUNTY DEPARTMENT OF HUMAN SERVICES, OR A PUBLIC CHILDREN SERVICES AGENCY OTHERWISE determines that there is other good cause for exemption IT IS IN THE BEST INTEREST OF THE PREGNANT MINOR, MINOR PARENT, OR MINOR PARENT'S CHILD TO WAIVE THE REQUIREMENT OF DIVISION (B)(1) OF THIS SECTION.

(C) A PREGNANT MINOR, MINOR PARENT, OR CHILD OF A MINOR PARENT EXEMPT FROM THE REQUIREMENT OF DIVISION (B)(1) OF THIS SECTION MUST RESIDE IN AN ADULT-SUPERVISED LIVING ARRANGEMENT TO BE ELIGIBLE FOR ASSISTANCE UNDER THE OHIO WORKS COMPONENT.

(D) The department of human services, whenever possible, shall provide assistance under this chapter to the parent, legal guardian, or other adult relative of a pregnant minor, minor parent, or child of a minor parent on behalf of the pregnant minor, minor parent, or minor parent's child.

(E) A child of a minor parent who would be eligible for aid ASSISTANCE under this chapter THE OHIO WORKS COMPONENT if not for this section is eligible for medical assistance under Chapter 5111. of the Revised Code.