As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 408 5
1997-1998 6
REPRESENTATIVE LAWRENCE 8
10
A B I L L
To amend sections 117.45, 124.26, 124.30, 127.16, 12
176.05, 307.01, 307.851, 319.16, 329.03, 329.04, 13
329.05, 329.051, 329.06, 329.09, 2151.011, 14
2151.10, 2151.31, 2151.421, 2301.03, 2301.35, 15
2301.351, 2301.357, 2301.36, 2301.372, 2329.66, 16
2715.041, 2715.045, 2716.13, 2901.30, 2921.13, 17
2951.02, 3101.01, 3107.01, 3109.051, 3111.09, 18
3113.06, 3113.07, 3113.215, 3113.216, 3115.24, 19
3301.0719, 3313.64, 3313.714, 3317.023, 3317.10, 20
3701.503, 3727.17, 4115.04, 4117.01, 4123.27, 21
4141.162, 4141.163, 5101.02, 5101.06, 5101.07, 23
5101.071, 5101.10, 5101.14, 5101.141, 5101.15, 24
5101.16, 5101.161, 5101.18, 5101.181, 5101.183, 25
5101.31, 5101.323, 5101.35, 5101.36, 5101.37, 26
5101.46, 5101.461, 5101.462, 5101.463, 5101.464, 27
5101.54, 5101.544, 5101.58, 5101.59, 5101.82, 28
5101.83, 5101.84, 5101.841, 5101.842, 5101.91, 29
5101.92, 5101.95, 5101.97, 5101.99, 5103.02, 30
5103.154, 5104.01, 5104.03, 5104.04, 5104.11, 31
5104.12, 5104.30, 5104.32, 5104.34, 5104.38, 32
5104.39, 5104.42, 5107.01, 5107.02, 5107.031, 33
5107.04, 5107.041, 5107.05, 5107.07, 5107.071, 35
5107.10, 5107.12, 5107.13, 5107.15, 5107.16, 36
5107.18, 5107.19, 5107.21, 5107.22, 5107.24, 37
5107.26, 5107.30, 5107.31, 5107.32, 5107.34, 38
5111.01, 5111.012, 5111.013, 5111.017, 5111.023, 39
5111.09, 5111.74, 5115.01, 5115.03, 5115.05, 40
5119.22, 5119.65, 5119.68, 5122.39, 5123.93, 41
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5139.18, 5153.01, 5153.02, 5153.03, 5153.04, 42
5153.05, 5153.07, 5153.08, 5153.091, 5153.10, 43
5153.11, 5153.111, 5153.12, 5153.13, 5153.131, 44
5153.14, 5153.16, 5153.161, 5153.162, 5153.163, 45
5153.164, 5153.165, 5153.17, 5153.18, 5153.19,
5153.20, 5153.21, 5153.22, 5153.23, 5153.25, 46
5153.26, 5153.27, 5153.28, 5153.29, 5153.30, 47
5153.31, 5153.32, 5153.33, 5153.34, 5153.35, 48
5153.36, 5153.49, 5153.53, 5502.13, 5709.64, and 49
5709.66; to amend for the purposes of adopting
new section numbers 5101.82 (5107.52), 5101.83 50
(5107.54), 5101.84 (5107.48), 5101.841 (5107.49), 51
5101.842 (5107.50), 5101.91 (5107.68), 5101.92 52
(5107.61), 5107.02 (5107.06), 5107.031 (5107.26),
5107.04 (5107.14), 5107.041 (5107.15), 5107.05 53
(5107.09), 5107.07 (5107.11), 5107.071 (5107.24), 54
5107.10 (5107.36), 5107.13 (5107.38), 5107.15 55
(329.022), 5107.16 (5107.03), 5107.18 (5107.32), 56
5107.19 (5107.321), 5107.21 (5107.322), 5107.22
(5107.323), 5107.23 (5107.324), 5107.24 57
(5107.325), 5107.25 (5107.326), 5107.26 58
(5107.327), 5107.31 (5107.28), and 5107.32
(5107.20); to revive and amend section 5101.323; 59
to enact new sections 5107.02, 5107.04, 5107.07, 60
and 5107.22, and sections 307.98, 5101.21, 61
5101.211, 5101.22, 5101.23, 5101.24, 5101.25,
5101.26, 5101.27, 5101.28, 5101.29, 5101.30, 62
5101.465, 5107.40, 5107.41, 5107.43, 5107.45, 63
5107.47, 5107.60, 5107.62, 5107.64, and 5107.66; 64
and to repeal sections 329.041, 329.07, 329.99,
4141.043, 4143.043, 5101.09, 5101.57, 5101.80, 65
5101.81, 5101.85, 5101.86, 5101.87, 5101.88, 66
5101.881, 5101.89, 5101.90, 5101.93, 5101.94,
5101.98, 5104.081, 5107.011, 5107.03, 5107.032, 67
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5107.033, 5107.034, 5107.06, 5107.08, 5107.09, 68
5107.11, 5107.14, 5107.151, 5107.17, 5107.20, 69
5107.23, 5107.25, 5107.33, 5107.99, and 5115.18
of the Revised Code to abolish the Aid to 71
Dependent Children and the Job Opportunities and 72
Basic Skills Training Programs, create the Ohio 73
Works First Program, and to revise the law
governing the Disability Assistance Program, 74
Title XX social services, day care, 75
confidentiality of public assistance records, and
administration of human services, children 76
services, and child support enforcement. 77
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 79
Section 1. That sections 117.45, 124.26, 124.30, 127.16, 81
176.05, 307.01, 307.851, 319.16, 329.03, 329.04, 329.05, 329.051, 83
329.06, 329.09, 2151.011, 2151.10, 2151.31, 2151.421, 2301.03, 84
2301.35, 2301.351, 2301.357, 2301.36, 2301.372, 2329.66, 85
2715.041, 2715.045, 2716.13, 2901.30, 2921.13, 2951.02, 3101.01, 86
3107.01, 3109.051, 3111.09, 3113.06, 3113.07, 3113.215, 3113.216, 87
3115.24, 3301.0719, 3313.64, 3313.714, 3317.023, 3317.10, 88
3701.503, 3727.17, 4115.04, 4117.01, 4123.27, 4141.162, 4141.163, 89
5101.02, 5101.06, 5101.07, 5101.071, 5101.10, 5101.14, 5101.141, 90
5101.15, 5101.16, 5101.161, 5101.18, 5101.181, 5101.183, 5101.31, 91
5101.323, 5101.35, 5101.36, 5101.37, 5101.46, 5101.461, 5101.462, 92
5101.463, 5101.464, 5101.54, 5101.544, 5101.58, 5101.59, 5101.82, 94
5101.83, 5101.84, 5101.841, 5101.842, 5101.91, 5101.92, 5101.95, 95
5101.97, 5101.99, 5103.02, 5103.154, 5104.01, 5104.03, 5104.04, 96
5104.11, 5104.12, 5104.30, 5104.32, 5104.34, 5104.38, 5104.39, 97
5104.42, 5107.01, 5107.02, 5107.031, 5107.04, 5107.041, 5107.05, 98
5107.07, 5107.071, 5107.10, 5107.12, 5107.13, 5107.15, 5107.16, 99
5107.18, 5107.19, 5107.21, 5107.22, 5107.24, 5107.26, 5107.30, 100
5107.31, 5107.32, 5107.34, 5111.01, 5111.012, 5111.013, 5111.017, 101
5111.023, 5111.09, 5111.74, 5115.01, 5115.03, 5115.05, 5119.22, 102
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5119.65, 5119.68, 5122.39, 5123.93, 5139.18, 5153.01, 5153.02, 103
5153.03, 5153.04, 5153.05, 5153.07, 5153.08, 5153.091, 5153.10, 104
5153.11, 5153.111, 5153.12, 5153.13, 5153.131, 5153.14, 5153.16, 105
5153.161, 5153.162, 5153.163, 5153.164, 5153.165, 5153.17, 106
5153.18, 5153.19, 5153.20, 5153.21, 5153.22, 5153.23, 5153.25, 107
5153.26, 5153.27, 5153.28, 5153.29, 5153.30, 5153.31, 5153.32, 108
5153.33, 5153.34, 5153.35, 5153.36, 5153.49, 5153.53, 5502.13, 109
5709.64, and 5709.66 be amended; sections 5101.82 (5107.52), 110
5101.83 (5107.54), 5101.84 (5107.48), 5101.841 (5107.49), 111
5101.842 (5107.50), 5101.91 (5107.68), 5101.92 (5107.61), 5107.02 112
(5107.06), 5107.031 (5107.26), 5107.04 (5107.14), 5107.041 113
(5107.15), 5107.05 (5107.09), 5107.07 (5107.11), 5107.071 114
(5107.24), 5107.10 (5107.36), 5107.13 (5107.38), 5107.15 115
(329.022), 5107.16 (5107.03), 5107.18 (5107.32), 5107.19 116
(5107.321), 5107.21 (5107.322), 5107.22 (5107.323), 5107.23 117
(5107.324), 5107.24 (5107.325), 5107.25 (5107.326), 5107.26 118
(5107.327), 5107.31 (5107.28), and 5107.32 (5107.20) be amended 119
for the purpose of adopting a new section number as indicated in 120
parentheses; section 5101.323 be revived and amended; and new 121
sections 5107.02, 5107.04, 5107.07, and 5107.22, and sections 122
307.98, 5101.21, 5101.211, 5101.22, 5101.23, 5101.24, 5101.25, 123
5101.26, 5101.27, 5101.28, 5101.29, 5101.30, 5101.465, 5107.40, 124
5107.41, 5107.43, 5107.45, 5107.47, 5107.60, 5107.62, 5107.64, 125
and 5107.66 of the Revised Code be enacted to read as follows: 126
Sec. 117.45. (A) The auditor of state shall draw warrants 135
against the treasurer of state pursuant to all requests for 136
payment that the director of budget and management has approved 137
under section 126.07 of the Revised Code. 138
(B) Unless the director of human services has provided for 140
the making of payments by electronic benefit transfer, if a 141
financial institution and account have been designated by the 142
recipient, payment by the auditor of state to a recipient of aid 143
to dependent children THE OHIO WORKS COMPONENT OF THE OHIO WORKS 145
FIRST PROGRAM pursuant to Chapter 5107. of the Revised Code or 147
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disability assistance pursuant to Chapter 5115. of the Revised 148
Code shall be made by direct deposit to the account of the 149
recipient in the financial institution. Payment by the auditor 150
of state to a recipient of public assistance pursuant to section 151
5101.33 of the Revised Code shall be by electronic benefit 152
transfer payment. PAYMENT by the auditor of state as 153
compensation to an employee of the state who has, pursuant to 154
section 124.151 of the Revised Code, designated a financial 155
institution and account for the direct deposit of such payments 156
shall be made by direct deposit to the account of the employee. 157
Payment to any other payee who has designated a financial 158
institution and account for the direct deposit of such payment 159
may be made by direct deposit to the account of the payee in the 160
financial institution as provided in section 9.37 of the Revised 161
Code. The auditor of state shall contract with an authorized 162
financial institution for the services necessary to make direct 163
deposits or electronic benefit transfers under this division and 164
draw lump sum warrants payable to that institution in the amount 165
to be transferred. Accounts maintained by the auditor of state 166
or his THE AUDITOR OF STATE'S agent in a financial institution 167
for the purpose of effectuating payment by direct deposit or 169
electronic benefit transfer shall be maintained in accordance 170
with section 135.18 of the Revised Code.
(C) All other payments from the state treasury shall be 172
made by paper warrants payable to the respective payees. The 173
auditor of state may mail the paper warrants to the respective 174
payees or distribute them through other state agencies, whichever 175
he THE AUDITOR OF STATE determines to be the better procedure. 176
(D) If the average per transaction cost the auditor of 178
state incurs in making direct deposits for a state agency exceeds 179
the average per transaction cost he THE AUDITOR OF STATE incurs 180
in drawing paper warrants for all public offices during the same 182
period of time, he THE AUDITOR OF STATE may certify the 183
difference in cost and the number of direct deposits for the 185
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agency to the director of administrative services. The director 186
shall reimburse the auditor of state for such additional costs 187
and add the amount to the processing charge assessed upon the 188
state agency.
Sec. 124.26. (A) Except as provided in divisions (B) and 197
(C) of this section, from the returns of the examinations the 198
director of administrative services shall prepare an eligible 199
list of the persons whose general average standing upon 200
examinations for such grade or class is not less than the minimum 201
fixed by the rules of the director, and who are otherwise 202
eligible; and such persons shall take rank upon the eligible list 203
as candidates in the order of their relative excellence as 204
determined by the examination without reference to priority of 205
the time of examination. In the event two or more applicants 206
receive the same mark in an open competitive examination, 207
priority in the time of filing the application with the director 208
shall determine the order in which their names shall be placed on 209
the eligible list; provided, that applicants eligible for 210
veteran's preference under section 124.23 of the Revised Code 211
shall receive priority in rank on the eligible list over 212
nonveterans on the list with a rating equal to that of the 213
veteran. Ties among veterans shall be decided by priority of 214
filing the application. In the event of two or more applicants 215
receiving the same mark on a promotional examination, seniority 216
shall determine the order in which their names shall be placed on 217
the eligible list. The term of eligibility of each list shall be 218
fixed by the director at not less than one nor more than two 219
years. When an eligible list is reduced to ten names or less, a 221
new list may be prepared. The director may consolidate two or
more eligible lists of the same kind by the rearranging of 222
eligibles named therein, according to their grades. 223
(B) A person serving as a provisional employee who passes 226
an examination, given for the department in which he THE PERSON 227
is employed, for the class or grade in which the person holds the 228
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position shall be appointed as a certified employee in the 229
position before the director of administrative services prepares 230
an eligible list.
(C) A RECIPIENT OF ASSISTANCE UNDER THE OHIO WORKS 232
COMPONENT OF THE OHIO WORKS FIRST PROGRAM PLACED IN A SUBSIDIZED 233
POSITION UNDER DIVISION (F) OR (G) OF SECTION 5107.52 OF THE 234
REVISED CODE WHO RECEIVES A SATISFACTORY EVALUATION AFTER 235
COMPLETING SIX MONTHS' SERVICE IN THE SUBSIDIZED POSITION AND 236
PASSES AN EXAMINATION FOR THE CLASS OR GRADE IN WHICH THE 237
RECIPIENT HOLDS THE SUBSIDIZED POSITION SHALL BE APPOINTED AS A
PERMANENT EMPLOYEE IN THE POSITION BEFORE THE DIRECTOR OF 238
ADMINISTRATIVE SERVICES PREPARES AN ELIGIBLE LIST. 239
Sec. 124.30. Positions in the classified service may be 248
filled without competition as follows: 249
(A) Whenever there are urgent reasons for filling a 251
vacancy in any position in the classified service and the 252
director of administrative services is unable to certify to the 253
appointing authority, upon requisition by the latter, a list of 254
persons eligible for appointment to such position after a 255
competitive examination, the appointing authority may nominate a 256
person to the director for noncompetitive examination, and if 257
such nominee is certified by the director as qualified after such 258
noncompetitive examination, the nominee may be appointed 259
provisionally to fill such vacancy until a selection and 261
appointment can be made after competitive examination; but such 262
provisional appointment shall continue in force only until a 263
regular appointment can be made from eligible lists prepared by 264
the director and such eligible lists shall be prepared within six 265
months, provided that an examination for the position must be 266
held within the six-month period from the date of such 267
provisional appointment. In the case of provisional appointees 268
in county agencies administering aid to the blind or aid to 269
dependent children DEPARTMENTS OF HUMAN SERVICES and in the 270
department of human services and department of health, if the 271
8
salary is paid in whole or in part from federal funds, such 272
eligible lists shall be prepared within six months, provided that 273
an examination for the position must be held within the six-month 274
period from the date of such provisional appointment. In case of 275
an emergency, an appointment may be made without regard to the 276
rules of sections 124.01 to 124.64 of the Revised Code, but in no 277
case to continue longer than thirty days, and in no case shall 278
successive appointments be made. Interim or temporary 279
appointments, made necessary by reason of sickness, disability, 280
or other approved leave of absence of regular officers or 281
employees shall continue only during such period of sickness, 282
disability, or other approved leave of absence, subject to rules 283
to be provided for by the director. 284
Persons who receive interim, temporary, or intermittent 286
appointments shall serve at the pleasure of their appointing 287
authority. Interim appointments shall be made only to fill a 288
vacancy that results from an employee's temporary absence, but 289
shall not be made to fill a vacancy that results because an 290
employee receives an interim appointment. 291
(B) In case of a vacancy in a position in the classified 293
service where peculiar and exceptional qualifications of a 294
scientific, managerial, professional, or educational character 295
are required, and upon satisfactory evidence that for specified 296
reasons competition in such special case is impracticable and 297
that the position can best be filled by a selection of some 298
designated person of high and recognized attainments in such 299
qualities, the director may suspend the provisions of sections 300
124.01 to 124.64 of the Revised Code, requiring competition in 301
such case, but no suspension shall be general in its application, 302
and all such cases of suspension shall be reported in the annual 303
report of the director with the reasons for the suspension. 304
(C) Where the services to be rendered by an appointee are 306
for a temporary period, not to exceed six months, and the need of 307
such service is important and urgent, the appointing authority 308
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may select for such temporary service any person on the proper 309
list of those eligible for permanent appointment. Successive 310
temporary appointments to the same position shall not be made 311
under this division. The acceptance or refusal by an eligible of 312
a temporary appointment shall not affect the person's standing on 313
the register for permanent employment; nor shall the period of 314
temporary service be counted as a part of the probationary 315
service in case of subsequent appointment to a permanent 316
position. 317
Sec. 127.16. (A) Upon the request of either a state 330
agency or the director of budget and management and after the 331
controlling board determines that an emergency or a sufficient 332
economic reason exists, the controlling board may approve the 333
making of a purchase without competitive selection as provided in 334
division (B) of this section. 335
(B) Except as otherwise provided in this section, no state 337
agency, using money that has been appropriated to it directly, 338
shall: 339
(1) Make any purchase from a particular supplier, that 341
would amount to fifty thousand dollars or more when combined with 342
both the amount of all disbursements to the supplier during the 343
fiscal year for purchases made by the agency and the amount of 344
all outstanding encumbrances for purchases made by the agency 345
from the supplier, unless the purchase is made by competitive 346
selection or with the approval of the controlling board; 347
(2) Lease real estate from a particular supplier, if the 349
lease would amount to seventy-five thousand dollars or more when 350
combined with both the amount of all disbursements to the 351
supplier during the fiscal year for real estate leases made by 352
the agency and the amount of all outstanding encumbrances for 353
real estate leases made by the agency from the supplier, unless 354
the lease is made by competitive selection or with the approval 355
of the controlling board. 356
(C) Any person who authorizes a purchase in violation of 358
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division (B) of this section shall be liable to the state for any 359
state funds spent on the purchase, and the attorney general shall 360
collect the amount from the person. 361
(D) Nothing in division (B) of this section shall be 363
construed as: 364
(1) A limitation upon the authority of the director of 366
transportation as granted in sections 5501.17, 5517.02, and 367
5525.14 of the Revised Code; 368
(2) Applying to medicaid provider agreements under Chapter 370
5111. of the Revised Code, payments for services provided prior 372
to July 17, 1995, under general assistance medical assistance 373
established under former Chapter 5113. of the Revised Code, or 374
payments or provider agreements under disability assistance 375
medical assistance established under Chapter 5115. of the Revised 376
Code;
(3) Applying to the purchase of examinations from a sole 378
supplier by a state licensing board under Title XLVII of the 379
Revised Code; 380
(4) Applying to entertainment contracts for the Ohio state 382
fair entered into by the Ohio expositions commission, provided 383
that the controlling board has given its approval to the 384
commission to enter into such contracts and has approved a total 385
budget amount for such contracts as agreed upon by commission 386
action, and that the commission causes to be kept itemized 387
records of the amounts of money spent under each contract and 388
annually files those records with the legislative clerk of the 389
house of representatives and the clerk of the senate following 390
the close of the fair; 391
(5) Limiting the authority of the chief of the division of 393
mines and reclamation to contract for reclamation work with an 394
operator mining adjacent land as provided in section 1513.27 of 395
the Revised Code; 396
(6) Applying to investment transactions and procedures of 398
any state agency, except that the agency shall file with the 399
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board the name of any person with whom the agency contracts to 400
make, broker, service, or otherwise manage its investments, as 401
well as the commission, rate, or schedule of charges of such 402
person with respect to any investment transactions to be 403
undertaken on behalf of the agency. The filing shall be in a 404
form and at such times as the board considers appropriate. 405
(7) Applying to purchases made with money for the per cent 407
for arts program established by section 3379.10 of the Revised 408
Code; 409
(8) Applying to purchases made by the rehabilitation 411
services commission of services, or supplies, that are provided 412
to persons with disabilities, or to purchases made by the 413
commission in connection with the eligibility determinations it 414
makes for applicants of programs administered by the social 415
security administration; 416
(9) Applying to payments by the department of human 418
services under section 5111.13 of the Revised Code for group 419
health plan premiums, deductibles, coinsurance, and other 420
cost-sharing expenses; 421
(10) Applying to any agency of the legislative branch of 423
the state government; 424
(11) Applying to agreements entered into under section 426
5101.21, 5101.211, OR 5101.11 of the Revised Code; 427
(12) Applying to purchases of services by the adult parole 429
authority under section 2967.14 of the Revised Code or by the 430
department of youth services under section 5139.08 of the Revised 431
Code; 432
(13) Applying to dues or fees paid for membership in an 434
organization or association; 435
(14) Applying to purchases of utility services pursuant to 437
section 9.30 of the Revised Code; 438
(15) Applying to purchases made in accordance with rules 440
adopted by the department of administrative services of motor 441
vehicle, aviation, or watercraft fuel, or emergency repairs of 442
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such vehicles; 443
(16) Applying to purchases of tickets for passenger air 445
transportation; 446
(17) Applying to purchases necessary to provide public 448
notifications required by law or to provide notifications of job 449
openings; 450
(18) Applying to the judicial branch of state government; 452
(19) Applying to purchases of liquor for resale by the 454
department or, on and after July 1, 1997, the division of liquor 455
control;
(20) Applying to purchases of motor courier and freight 457
services made in accordance with department of administrative 458
services rules; 459
(21) Applying to purchases from the United States postal 461
service and purchases of stamps and postal meter replenishment 462
from vendors at rates established by the United States postal 463
service; 464
(22) Applying to purchases of books, periodicals, 466
pamphlets, newspapers, maintenance subscriptions, and other 467
published materials; 468
(23) Applying to purchases from other state agencies, 470
including state-assisted institutions of higher education; 471
(24) Limiting the authority of the director of 473
environmental protection to enter into contracts under division 474
(D) of section 3745.14 of the Revised Code to conduct compliance 475
reviews, as defined in division (A) of that section; 476
(25) Applying to purchases from a qualified nonprofit 478
agency pursuant to sections 4115.31 to 4115.35 of the Revised 479
Code; 480
(26) Applying to payments by the department of human 482
services to the United States department of health and human 483
services for printing and mailing notices pertaining to the tax 484
refund offset program of the internal revenue service of the 485
United States department of the treasury; 486
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(27) Applying to contracts entered into by the department 488
of mental retardation and developmental disabilities under 489
sections 5123.18, 5123.182, and 5111.252 of the Revised Code; 490
(28) Applying to payments made by the department of mental 492
health under a physician recruitment program authorized by 493
section 5119.101 of the Revised Code. 494
(E) Notwithstanding division (B)(1) of this section, the 496
cumulative purchase threshold shall be seventy-five thousand 497
dollars for the departments of mental retardation and 498
developmental disabilities, mental health, rehabilitation and 499
correction, and youth services. 500
(F) When determining whether a state agency has reached 502
the cumulative purchase thresholds established in divisions 503
(B)(1), (B)(2), and (E) of this section, all of the following 504
purchases by such agency shall not be considered: 505
(1) Purchases made through competitive selection or with 507
controlling board approval; 508
(2) Purchases listed in division (D) of this section; 510
(3) For the purposes of the thresholds of divisions (B)(1) 512
and (E) of this section only, leases of real estate. 513
(G) As used in this section, "competitive selection," 515
"purchase," "supplies," and "services" have the same meanings as 516
in section 125.01 of the Revised Code. 517
Sec. 176.05. (A)(1) Notwithstanding any provision of law 526
to the contrary, the rate of wages payable for the various 527
occupations covered by sections 4115.03 to 4115.16 of the Revised 528
Code, to persons employed on a project who are not qualified 529
volunteers or persons required to participate in the job 530
opportunities and basic skills training program established A 531
WORK ACTIVITY OR ALTERNATIVE WORK ACTIVITY under section 5101.81 533
SECTIONS 5107.40 TO 5107.68 of the Revised Code, shall be 534
determined according to this section. An association 535
representing the general contractors or subcontractors that 536
engage in the business of residential construction in a certain 537
14
locality shall negotiate with the applicable building and 538
construction trades council in that locality an agreement or 539
understanding that sets forth the residential prevailing rate of 540
wages, payable on projects in that locality, for each of the 541
occupations employed on those projects.
(2) Notwithstanding any residential prevailing rate of 543
wages established prior to July 1, 1995, if, by October 1, 1995, 545
the parties are unable to agree under division (A)(1) of this 546
section as to the rate of wages payable for each occupation 547
covered by sections 4115.03 to 4115.16 of the Revised Code, the 548
administrator of the bureau of employment services shall 549
establish the rate of wages payable for each occupation. 550
(3) The residential prevailing rate of wages established 552
under division (A)(1) or (2) of this section shall not be equal 553
to or greater than the prevailing rate of wages determined by the 554
administrator pursuant to sections 4115.03 to 4115.16 of the 555
Revised Code for any of the occupations covered by those 556
sections.
(B) Except for the prevailing rate of wages determined by 558
the administrator pursuant to sections 4115.03 to 4115.16 of the 560
Revised Code, those sections and section 4115.99 of the Revised
Code apply to projects. 561
(C) The residential prevailing rate of wages established 563
under division (A) of this section is not payable to any 564
individual or member of that individual's family who provides 565
labor in exchange for acquisition of the property for 566
homeownership or who provides labor in place of or as a 567
supplement to any rental payments for the property. 568
(D) For the purposes of this section: 570
(1) "Project" means any construction, rehabilitation, 572
remodeling, or improvement of residential housing, whether on a 573
single or multiple site for which a person, as defined in section 574
1.59 of the Revised Code, or municipal corporation, county, or 575
township receives financing, that is financed in whole or in part 576
15
from state moneys or pursuant to this chapter, section 133.51 or 577
307.698 of the Revised Code, or Chapter 175. of the Revised Code, 578
except for any of the following: 579
(a) The single-family mortgage revenue bonds homeownership 581
program under Chapter 175. of the Revised Code, including 582
owner-occupied dwellings of one to four units; 583
(b) Projects consisting of fewer than six units developed 585
by any entity that is not a nonprofit organization exempt from 586
federal income tax under section 501(c)(3) of the Internal 587
Revenue Code; 588
(c) Projects of fewer than twenty-five units developed by 590
any nonprofit organization that is exempt from federal income tax 591
under section 501(c)(3) of the Internal Revenue Code; 592
(d) Programs undertaken by any municipal corporation, 594
county, or township, including lease-purchase programs, using 595
mortgage revenue bond financing; 596
(e) Any individual project, that is sponsored or developed 598
by a nonprofit organization that is exempt from federal income 599
tax under section 501(c)(3) of the Internal Revenue Code, for 600
which the federal government or any of its agencies furnishes by 601
loan, grant, low-income housing tax credit, or insurance more 602
than twelve per cent of the costs of the project. For purposes 603
of division (D)(2)(e) of this section, the value of the 604
low-income housing tax credits shall be calculated as the 605
proceeds from the sale of the tax credits, less the costs of the 606
sale. 607
As used in division (D)(1)(e) of this section, "sponsored" 609
means that the general partner of a limited partnership owning 610
the project is either a nonprofit organization that is exempt 611
from federal income tax under section 501(c)(3) of the Internal 612
Revenue Code or a person, as defined in section 1.59 of the 613
Revised Code, in which such a nonprofit organization maintains 614
controlling interest. 615
Nothing in division (D)(1)(e) of this section shall be 617
16
construed as permitting unrelated projects to be combined for the 618
sole purpose of determining the total percentage of project costs 619
furnished by the federal government or any of its agencies. 620
(2) A "project" is a "public improvement" and the state or 622
a political subdivision that undertakes or participates in the 623
financing of a project is a "public authority," as both of the 624
last two terms are defined in section 4115.03 of the Revised 625
Code. 626
(3) "Qualified volunteers" are volunteers who are working 628
without compensation for a nonprofit organization that is exempt 629
from federal income tax under section 501(c)(3) of the Internal 630
Revenue Code, and that is providing housing or housing assistance 631
only to families and individuals in a county whose incomes are 632
not greater than one hundred forty per cent of the median income 633
of that county as determined under section 175.23 of the Revised 634
Code. 635
Sec. 307.01. (A) A courthouse, jail, public comfort 644
station, offices for county officers, and a county home shall be 645
provided by the board of county commissioners when, in its 646
judgment, any of them are needed. The buildings and offices 647
shall be of such style, dimensions, and expense as the board 648
determines. All new jails and renovations to existing jails 649
shall be designed, and all existing jails shall be operated in 650
such a manner as to comply substantially with the minimum 651
standards for jails in Ohio promulgated by the department of 652
rehabilitation and correction. The board shall also provide 653
equipment, stationery, and postage, as it considers reasonably 654
necessary for the proper and convenient conduct of county 655
offices, and such facilities as will result in expeditious and 656
economical administration of such offices, except that, for the 657
purpose of obtaining federal or state reimbursement, the board 658
may impose on the county PUBLIC children services board or county 660
department of human services exercising the children services 661
function AGENCY reasonable charges, not exceeding the amount for 662
17
which reimbursement will be made and consistent with 664
cost-allocation standards adopted by the department of human 665
services, for the provision of office space, supplies, 666
stationery, utilities, telephone use, postage, and general 667
support services.
The board of county commissioners shall provide all rooms, 669
fireproof and burglarproof vaults, safes, and other means of 670
security in the office of the county treasurer that are necessary 671
for the protection of public moneys and property in the office. 672
(B) The court of common pleas shall annually submit a 674
written request for an appropriation to the board of county 675
commissioners that shall set forth estimated administrative 676
expenses of the court that the court considers reasonably 677
necessary for its operation. The board shall conduct a public 678
hearing with respect to the written request submitted by the 679
court and shall appropriate the amount of money each year that it 680
determines, after conducting the public hearing and considering 681
the written request of the court, is reasonably necessary to meet 682
all administrative expenses of the court. 683
If the court considers the appropriation made by the board 685
pursuant to this division insufficient to meet all the 686
administrative expenses of the court, it shall commence an action 687
under Chapter 2731. of the Revised Code in the court of appeals 688
for the judicial district for a determination of the duty of the 689
board of county commissioners to appropriate the amount of money 690
in dispute. The court of appeals shall give priority to the 691
action filed by the court of common pleas over all cases pending 692
on its docket. The burden shall be on the court of common pleas 693
to prove that the appropriation requested is reasonably necessary 694
to meet all its administrative expenses. If, prior to the filing 695
of an action under Chapter 2731. of the Revised Code or during 696
the pendency of the action, any judge of the court exercises the 697
contempt power of the court of common pleas in order to obtain 698
the amount of money in dispute, the judge shall not order the 699
18
imprisonment of any member of the board of county commissioners 700
notwithstanding sections 2705.02 to 2705.06 of the Revised Code. 701
(C) Division (B) of this section does not apply to 703
appropriations for the probate court or the juvenile court that 704
are subject to section 2101.11 or 2151.10 of the Revised Code. 705
Sec. 307.851. (A) Notwithstanding anything to the 714
contrary in the Revised Code, a board of county commissioners of 715
a county that has enacted a tax levy under section 5705.191 of 716
the Revised Code may, in addition to exercising the other powers 717
granted to a board of county commissioners, enter into a contract
with a nonprofit corporation or association for that corporation 718
or association to provide the services described in this section 719
and for the county to pay for those contracted services with the 720
proceeds of that tax levy, provided that proceeds from the tax 721
levy are used only for the purpose or purposes for which the tax 722
was levied. Services for which a contract may be entered into 723
under this section are either of the following:
(1) Children and youth services; alcohol, drug accition, 725
and mental health services; services for the mentally retarded or 726
developmentally disabled; and public health services; 727
(2) Health and human services for low-income persons, 729
including counseling, family support, legal services, day-care, 730
teen services, literacy, prescription assistance, homemaker 731
assistance, adult day-care, respite care services, attendant 732
care, hearing and speech services, adult protective services, and 733
transportation services.
(B) Before entering into a contract as provided in 735
division (A) of this section, the board of county commissioners 736
shall first notify, in writing, the PUBLIC children services 737
board AGENCY; the alcohol, drug addiction, and mental health 738
services board; the board of mental retardation and developmental 739
disabilities; the board of the health district or combined 741
general health district; or the human services department of that
county, as appropriate for the service to be provided under the 742
19
contract, of the board's intention to enter into a contract with 743
a nonprofit corporation or association to provide a particular 744
service. The notice shall delineate the particular service to be 745
provided, identify the corporation or association with which the 746
board proposes to contract, and the amount proposed to be paid to 747
the corporation or association for performing those services.
The notified board or boards, AGENCY, or department has thirty 748
days in which to inform the board of county commissioners of its 751
intention to provide that service itself or authorize the board 752
of county commissioners to contract with the proposed corporation 753
or association to provide the service. If the board of county
commissioners receives no response from a notified board, AGENCY, 755
or department within the thirty-day period, the notified board, 756
AGENCY, or department shall be deemed to have authorized the 757
proposed contract. Once the contract is authorized by each 758
notified board, AGENCY, or department, the board of county 760
commissioners may enter into a contract with the corporation or
association, as proposed. 761
(C) In addition to any other terms that the board finds 763
appropriate, any agreement entered into under division (A) of 764
this section shall provide all the following: 765
(1) That the nonprofit corporation or association shall 767
keep current and accurate accounts of its use of the moneys it 768
receives from the county;
(2) That the nonprofit corporation or association shall, 770
at least annually, have an audit performed in accordance with 771
rules adopted by the auditor of state under section 117.20 of the 772
Revised Code, of any services or programs it has performed with 773
county moneys. A copy of the fiscal audit report shall be 774
provided to the board of county commissioners, the county
auditor, and the auditor of state. 775
(3) That the nonprofit corporation or association is 777
liable to repay to the county any county moneys it receives that 778
are improperly used;
20
(4) That the nonprofit corporation or association shall 780
repay to the board all county moneys remaining unused at the end 781
of the fiscal year or other accounting period for which the board 782
paid the moneys, except that when the recipient is to receive 783
county moneys in the next succeeding fiscal year or other 784
accounting period following the fiscal year or other accounting
period for which the board paid the moneys, the recipient need 785
not repay the county moneys remaining unused. 786
(5) That the nonprofit corporation or association shall 788
provide the board of county commissioners annually a summary of 789
the program or service activities it has performed with county 790
moneys.
Sec. 307.98. (A) AS USED IN THIS SECTION: 793
(1) "COUNTY SOCIAL SERVICE AGENCY" MEANS ALL OF THE 795
FOLLOWING: 796
(a) A COUNTY DEPARTMENT OF HUMAN SERVICES; 798
(b) A CHILD SUPPORT ENFORCEMENT AGENCY; 800
(c) A PUBLIC CHILDREN SERVICES AGENCY; 802
(d) ANOTHER GOVERNMENT ENTITY THAT, PURSUANT TO AN 804
AGREEMENT ENTERED INTO UNDER DIVISION (D) OF THIS SECTION, 806
PERFORMS A SOCIAL SERVICE DUTY; 807
(e) A CORPORATION OR ASSOCIATION THAT, PURSUANT TO A 810
CONTRACT ENTERED INTO UNDER SECTION 307.851 OF THE REVISED CODE,
PERFORMS A SOCIAL SERVICE DUTY. 811
(2) "SOCIAL SERVICE DUTY" MEANS A DUTY THE REVISED CODE 815
REQUIRES OR ALLOWS A COUNTY DEPARTMENT OF HUMAN SERVICES, CHILD 816
SUPPORT ENFORCEMENT AGENCY, OR PUBLIC CHILDREN SERVICES AGENCY TO 817
ASSUME.
(B) EACH BOARD OF COUNTY COMMISSIONERS SHALL ENTER INTO A 820
WRITTEN AGREEMENT WITH THE DIRECTOR OF HUMAN SERVICES IN 821
ACCORDANCE WITH SECTION 5101.21 OF THE REVISED CODE. PRIOR TO
ENTERING INTO THE AGREEMENT, THE BOARD SHALL CONDUCT A PUBLIC 822
HEARING AND CONSULT WITH THE COUNTY HUMAN SERVICES PLANNING 823
COMMITTEE ESTABLISHED UNDER SECTION 329.06 OF THE REVISED CODE. 824
21
THROUGH THE HEARING AND CONSULTATION, THE BOARD SHALL OBTAIN 825
COMMENTS AND RECOMMENDATIONS CONCERNING WHAT WOULD BE THE 826
COUNTY'S OBLIGATIONS AND RESPONSIBILITIES UNDER THE AGREEMENT. 827
(C) EACH BOARD OF COUNTY COMMISSIONERS SHALL ENTER INTO A 830
WRITTEN AGREEMENT WITH THE COUNTY SOCIAL SERVICE AGENCIES SERVING 831
THE COUNTY. THE AGREEMENT SHALL ESTABLISH A PLAN OF COOPERATION 832
BETWEEN THE BOARD AND AGENCIES TO ENHANCE THE ADMINISTRATION OF 833
THE PREVENTION AND RETENTION ASSISTANCE COMPONENT OF THE OHIO 835
WORKS FIRST PROGRAM ESTABLISHED UNDER SECTION 5107.04 OF THE 836
REVISED CODE, IF IMPLEMENTED IN THE COUNTY, AND OTHER SOCIAL 837
SERVICE DUTIES THE BOARD AND AGENCIES AGREE TO INCLUDE IN THE 838
AGREEMENT. THE AGREEMENT SHALL SPECIFY HOW THE COUNTY SOCIAL 839
SERVICE AGENCIES ARE TO COORDINATE AND ENHANCE SERVICES AND 840
ASSISTANCE TO INDIVIDUALS AND FAMILIES. THE AGREEMENT SHALL 841
PROVIDE FOR THE COUNTY DEPARTMENT OF HUMAN SERVICES AND 842
GOVERNMENT ENTITIES, CORPORATIONS, AND ASSOCIATIONS PERFORMING A 843
COUNTY DEPARTMENT OF HUMAN SERVICES DUTY PURSUANT TO SECTION 844
307.851 OF THE REVISED CODE OR DIVISION (D) OF THIS SECTION TO 845
COMPLY WITH THE AGREEMENT ENTERED INTO UNDER DIVISION (B) OF THIS 847
SECTION. IF THE AGREEMENT UNDER DIVISION (B) OF THIS SECTION 849
INCLUDES THE DUTIES OF A CHILD SUPPORT ENFORCEMENT AGENCY AND 850
PUBLIC CHILDREN SERVICES AGENCY, THE AGREEMENT ALSO SHALL PROVIDE 851
FOR THE CHILD SUPPORT ENFORCEMENT AGENCY, PUBLIC CHILDREN 852
SERVICES AGENCY, GOVERNMENT ENTITIES PERFORMING A DUTY OF EITHER 853
OR BOTH OF THE AGENCIES PURSUANT TO DIVISION (D) OF THIS SECTION, 854
AND CORPORATIONS AND ASSOCIATIONS PERFORMING A DUTY OF THE PUBLIC 855
CHILDREN SERVICES AGENCY PURSUANT TO SECTION 307.851 OF THE 857
REVISED CODE TO COMPLY. 858
(D)(1) TO IMPROVE THE EFFICIENCY AND EFFECTIVENESS OF THE 861
PERFORMANCE OF SOCIAL SERVICE DUTIES, A BOARD OF COUNTY 862
COMMISSIONERS MAY DO THE FOLLOWING: 863
(a) ENTER INTO A WRITTEN AGREEMENT WITH A GOVERNMENT 866
ENTITY THAT SERVES THE COUNTY THE BOARD SERVES TO PERFORM ONE OR 867
MORE SOCIAL SERVICE DUTIES IN THAT COUNTY OR, PURSUANT TO 868
22
DIVISION (D)(1)(b) OF THIS SECTION, ANOTHER COUNTY. 869
(b) ENTER INTO A WRITTEN AGREEMENT WITH ANOTHER BOARD OF 872
COUNTY COMMISSIONERS TO HAVE A GOVERNMENT ENTITY THAT HAS ENTERED 873
INTO AN AGREEMENT UNDER DIVISION (D)(1)(a) OF THIS SECTION 875
PERFORM ONE OR MORE SOCIAL SERVICE DUTIES IN THE OTHER COUNTY. 876
(2) WHEN A GOVERNMENT ENTITY ASSUMES A SOCIAL SERVICE DUTY 879
UNDER DIVISION (D)(1) OF THIS SECTION, THE ENTITY SHALL BE DEEMED 880
TO BE THE COUNTY DEPARTMENT OF HUMAN SERVICES, CHILD SUPPORT 881
ENFORCEMENT AGENCY, OR PUBLIC CHILDREN SERVICES AGENCY FOR 882
PURPOSES OF FEDERAL LAW OR REGULATIONS, THE REVISED CODE, OR A 884
STATE RULE THAT REQUIRES, PERMITS, OR PROHIBITS AN ACTION 885
REGARDING THE SOCIAL SERVICE DUTY TO BE, OR FROM BEING, TAKEN. 886
(3) IF ONE OR MORE AGREEMENTS ENTERED INTO UNDER DIVISION 888
(D)(1) OF THIS SECTION OR CONTRACTS ENTERED INTO UNDER SECTION 890
307.851 OF THE REVISED CODE RESULT IN ALL THE DUTIES OF A COUNTY 891
DEPARTMENT OF HUMAN SERVICES, CHILD SUPPORT ENFORCEMENT AGENCY, 892
OR PUBLIC CHILDREN SERVICES AGENCY BEING ASSUMED BY ONE OR MORE 893
CORPORATIONS, ASSOCIATIONS, OR GOVERNMENT ENTITIES, THE 894
CORPORATION, ASSOCIATION, OR GOVERNMENT ENTITY THAT HAS ASSUMED 895
ALL OR MOST OF THE DUTIES OF THE COUNTY DEPARTMENT OF HUMAN 896
SERVICES, CHILD SUPPORT ENFORCEMENT AGENCY, OR PUBLIC CHILDREN 897
SERVICES AGENCY SHALL BE THE COUNTY DEPARTMENT OF HUMAN SERVICES, 898
CHILD SUPPORT ENFORCEMENT AGENCY, OR PUBLIC CHILDREN SERVICES 899
AGENCY FOR THAT COUNTY. 900
(E) A BOARD OF COUNTY COMMISSIONERS MAY ENTER INTO A 903
WRITTEN AGREEMENT WITH A PERSON OR GOVERNMENT ENTITY TO ESTABLISH 904
A COMPREHENSIVE PLAN FOR INDIVIDUALS AND FAMILIES RECEIVING 905
ASSISTANCE OR SERVICES FROM A COUNTY SOCIAL SERVICES AGENCY OR 906
PERSON OR GOVERNMENT ENTITY REPRESENTED ON THE FAMILY AND 907
CHILDREN FIRST COUNCIL OR LOCAL INTERSYSTEM SERVICES TO CHILDREN 908
CLUSTER SERVING THE COUNTY THE BOARD SERVES. AN AGREEMENT SHALL 909
PROVIDE FOR THE ENHANCEMENT OF THE ADMINISTRATION OF THE 910
ASSISTANCE AND SERVICES AND, TO THE EXTENT POSSIBLE, EMPLOYMENT 911
OPPORTUNITIES. THE BOARD SHALL DETERMINE THE SCOPE, DURATION, 912
23
AND TERMS OF AN AGREEMENT. IF THE PREVENTION AND RETENTION 913
ASSISTANCE COMPONENT OF THE OHIO WORKS FIRST PROGRAM IS 915
IMPLEMENTED IN THE COUNTY, ASSISTANCE PROVIDED UNDER THE
COMPONENT SHALL BE INCLUDED IN AN AGREEMENT. 916
(F) TO THE EXTENT FEDERAL STATUTES AND REGULATIONS AND THE 919
REVISED CODE PERMIT, AN AGREEMENT ENTERED INTO UNDER DIVISION (C) 922
OR (E) OF THIS SECTION MAY AUTHORIZE THE PARTIES TO THE AGREEMENT 924
TO EXCHANGE WITH EACH OTHER INFORMATION NEEDED TO IMPROVE 925
SERVICES AND ASSISTANCE TO INDIVIDUALS AND FAMILIES AND THE 926
PROTECTION OF CHILDREN.
(G) AN AGREEMENT ENTERED INTO UNDER THIS SECTION SHALL: 930
(1) BE COORDINATED AND NOT CONFLICT WITH ANOTHER AGREEMENT 933
ENTERED INTO UNDER THIS SECTION OR SECTION 329.05 OF THE REVISED
CODE;
(2) PROHIBIT DISCRIMINATION IN HIRING AND PROMOTION 935
AGAINST APPLICANTS FOR AND RECIPIENTS OF ASSISTANCE UNDER THE 937
OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER CHAPTER 5107. OF THE 939
REVISED CODE;
(3) COMPLY WITH FEDERAL STATUTES AND REGULATIONS AND THE 942
REVISED CODE; 943
(4) BE ADOPTED BY RESOLUTION OF A BOARD OF COUNTY 945
COMMISSIONERS. 946
(H) A BOARD OF COUNTY COMMISSIONERS OR COUNTY SOCIAL 949
SERVICE AGENCY SUBJECT TO AN AGREEMENT ENTERED INTO UNDER THIS 950
SECTION SHALL PROMPTLY AND WITHOUT CHARGE PROVIDE A COPY OF THE 951
AGREEMENT TO ANY PERSON OR GOVERNMENT ENTITY ON REQUEST. 952
Sec. 319.16. The county auditor shall issue warrants on 961
the county treasurer for all moneys payable from the county 962
treasury, upon presentation of the proper order or voucher and 963
evidentiary matter for the moneys, and keep a record of all such 964
warrants showing the number, date of issue, amount for which 965
drawn, in whose favor, for what purpose, and on what fund. The 966
auditor shall not issue a warrant for the payment of any claim 967
against the county, unless it is allowed by the board of county 968
24
commissioners, except where the amount due is fixed by law or is 969
allowed by an officer or tribunal, including a county board of 970
mental health or county board of mental retardation and 971
developmental disabilities, so authorized by law. If the auditor 972
questions the validity of an expenditure that is within available 973
appropriations and for which a proper order or voucher and 974
evidentiary matter is presented, the auditor shall notify the 975
board, officer, or tribunal who presented the voucher. If the 976
board, officer, or tribunal determines that the expenditure is 977
valid and the auditor continues to refuse to issue the 978
appropriate warrant on the county treasury, a writ of mandamus 979
may be sought. The court shall issue a writ of mandamus for 980
issuance of the warrant if the court determines that the claim is 981
valid. 982
Evidentiary matter includes original invoices, receipts, 984
bills and checks, and legible copies of contracts. 985
If a financial institution and account have been designated 987
under section 329.03 of the Revised Code, financial assistance 988
payments made by the county auditor to a recipient of disability 990
assistance pursuant to Chapter 5115. of the Revised Code shall be 991
made by direct deposit to the account of the recipient in the 992
financial institution. If payments to recipients of aid to 993
dependent children THE OHIO WORKS COMPONENT OF THE OHIO WORKS 994
FIRST PROGRAM ESTABLISHED under Chapter 5107. of the Revised Code 996
are being made by the county auditor under section 5107.01 of the 997
Revised Code and a financial institution and account have been 998
designated under section 329.03 of the Revised Code, payments for 999
aid to dependent children THE OHIO WORKS COMPONENT shall be made 1,001
by direct deposit to the account of the recipient in the
financial institution. The county auditor shall contract with an 1,002
authorized financial institution for the services necessary to 1,003
make such direct deposits and draw lump sum warrants payable to 1,004
that institution in the amount of the payments to be transferred. 1,005
Sec. 5107.15 329.022. Within the appropriation for 1,014
25
personal services, each county administration DEPARTMENT OF HUMAN 1,016
SERVICES may employ the necessary employees who, except for the 1,017
county director of human services as provided in section 329.02 1,018
of the Revised Code, shall be in the classified service. 1,019
Compensation for positions in each service, group, or grade 1,020
established by the director of administrative services shall not 1,022
be less than the minimum nor more than the maximum rates
established by the director for such positions. The department 1,023
of human services shall cooperate with the director in 1,024
establishing the qualifications of persons to be employed, and 1,026
the classification and rates of compensation of such positions 1,027
under sections 5107.01 to 5107.15 of the Revised Code COUNTY 1,028
DEPARTMENT EMPLOYEES. 1,029
Sec. 329.03. (A) As used in this section: 1,038
(1) "Applicant" or "recipient" means an applicant for or 1,040
recipient of aid to dependent children THE OHIO WORKS COMPONENT 1,042
OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED under Chapter 5107. 1,043
of the Revised Code or disability assistance under Chapter 5115. 1,044
of the Revised Code. 1,045
(2) "Voluntary direct deposit" means a system established 1,047
pursuant to this section under which assistance payments to 1,048
recipients who agree to direct deposit are made by direct deposit 1,049
by electronic transfer to an account in a financial institution 1,050
designated under this section. 1,051
(3) "Mandatory direct deposit" means a system established 1,053
pursuant to this section under which assistance payments to all 1,054
recipients of aid to dependent children THE OHIO WORKS COMPONENT 1,056
or disability assistance, other than those exempt under division 1,058
(E) of this section, are made by direct deposit by electronic 1,059
transfer to an account in a financial institution designated 1,060
under this section.
(B) Any board of county commissioners may by adoption of a 1,062
resolution require the county department of human services to 1,063
establish a direct deposit system for distributing assistance 1,064
26
payments under aid to dependent children THE OHIO WORKS 1,066
COMPONENT, disability assistance, or both programs, IF THE STATE 1,068
DEPARTMENT OF HUMAN SERVICES HAS PROVIDED PURSUANT TO SECTIONS 1,069
5107.01 AND 5115.02 OF THE REVISED CODE FOR COUNTIES TO
DISTRIBUTE THE ASSISTANCE PAYMENTS. Voluntary OR MANDATORY 1,071
direct deposit may be applied to either of the programs; 1,073
mandatory direct deposit may be applied to the disability
assistance program and, unless prohibited by federal law, to the 1,076
aid to dependent children program. The resolution shall specify 1,079
for each program for which direct deposit is to be established 1,080
whether direct deposit is voluntary or mandatory. The board may 1,081
require the department to change or terminate direct deposit by 1,082
adopting a resolution to change or terminate it. Within ninety 1,083
days after adopting a resolution under this division, the board 1,084
shall certify one copy of the resolution to the state director of 1,085
human services and one copy to the office of budget and 1,086
management. The state department of human services may adopt 1,087
rules governing establishment of direct deposit by county 1,088
departments of human services.
The county department of human services shall determine 1,090
what type of account will be used for direct deposit and 1,091
negotiate with financial institutions to determine the charges, 1,092
if any, to be imposed by a financial institution for establishing 1,093
and maintaining such accounts. Under voluntary direct deposit, 1,094
the county department of human services may pay all charges 1,095
imposed by a financial institution for establishing and 1,096
maintaining an account in which direct deposits are made for a 1,097
recipient. Under mandatory direct deposit, the county department 1,098
of human services shall pay all charges imposed by a financial 1,099
institution for establishing and maintaining such an account. No 1,100
financial institution shall impose any charge for such an account 1,101
that the institution does not impose on its other customers for 1,102
the same type of account. Direct deposit does not affect the 1,103
exemption of aid to dependent children THE OHIO WORKS COMPONENT 1,105
27
and disability assistance from attachment, garnishment, or other 1,106
like process afforded by sections 5107.12 and 5115.07 of the 1,107
Revised Code. 1,108
(C) The county department of human services shall, within 1,110
sixty days after a resolution requiring the establishment of 1,111
direct deposit is adopted, establish procedures governing direct 1,112
deposit. 1,113
Within one hundred eighty days after the resolution is 1,115
adopted, the county department shall: 1,116
(1) Inform each applicant or recipient of the procedures 1,118
governing direct deposit, including in the case of voluntary 1,119
direct deposit those that prescribe the conditions under which a 1,120
recipient may change from one method of payment to another; 1,121
(2) Obtain from each applicant or recipient an 1,123
authorization form to designate a financial institution equipped 1,126
for and authorized by law to accept direct deposits by electronic 1,127
transfer and the account into which the applicant or recipient 1,128
wishes the payments to be made, or in the case of voluntary 1,129
direct deposit states the applicant's or recipient's election to 1,130
receive such payments in the form of a paper warrant. 1,132
The department may require a recipient to complete a new 1,134
authorization form whenever the department considers it 1,135
necessary. 1,136
A recipient's designation of a financial institution and 1,138
account shall remain in effect until withdrawn in writing or 1,139
dishonored by the financial institution, except that no change 1,140
may be made in the authorization form until the next eligibility 1,141
redetermination of the recipient unless the department feels that 1,142
good grounds exist for an earlier change. 1,143
(D) An applicant or recipient without an account who 1,145
either agrees or is required to receive payments by direct 1,146
deposit shall have ten days after receiving the authorization 1,147
form to designate an account suitable for direct deposit. If 1,148
within the required time the applicant or recipient does not make 1,149
28
the designation or requests that the department make the 1,151
designation, the department shall designate a financial 1,153
institution and help the recipient to open an account. 1,154
(E) At the time of giving an applicant or recipient the 1,156
authorization form, the county department of human services of a 1,158
county with mandatory direct deposit shall inform each applicant 1,159
or recipient of the basis for exemption and the right to request 1,160
exemption from direct deposit. 1,161
Under mandatory direct deposit, an applicant or recipient 1,163
who wishes to receive payments in the form of a paper warrant 1,164
shall record on the authorization form a request for exemption 1,165
under this division and the basis for the exemption. 1,166
The department shall exempt from mandatory direct deposit 1,168
any recipient who requests exemption and is any of the following: 1,169
(1) Over age sixty-five; 1,171
(2) Blind or disabled; 1,173
(3) Likely, in the judgment of the department, to be 1,175
caused personal hardship by direct deposit. 1,176
A recipient granted an exemption under this division shall 1,178
receive payments for which the recipient is eligible in the form 1,179
of paper warrants. 1,180
(F) The county department of human services shall bear the 1,182
full cost of the amount of any replacement warrant issued to a 1,183
recipient for whom an authorization form as provided in this 1,184
section has not been obtained within one hundred eighty days 1,185
after the later of the date the board of county commissioners 1,186
adopts a resolution requiring payments of financial assistance by 1,187
direct deposit to accounts of recipients of aid to dependent 1,188
children THE OHIO WORKS COMPONENT or disability assistance or the 1,190
date the recipient made application for assistance, and shall not 1,191
be reimbursed by the state for any part of the cost. Thereafter, 1,192
the county department of human services shall continue to bear 1,193
the full cost of each replacement warrant issued until the board 1,194
of county commissioners requires the county department of human 1,195
29
services to obtain from each such recipient the authorization 1,196
forms as provided in this section.
Sec. 329.04. (A) The county department of human services 1,205
shall have, exercise, and perform, under the control and 1,206
direction of the board of county commissioners, the following 1,207
powers and duties: 1,208
(A) To be the "county administration" for all purposes of 1,211
Chapter 5107. of the Revised Code;
(B)(1) To perform PERFORM any duties assigned by the 1,214
department of human services regarding the provision of public
social services, including the provision of services authorized 1,215
under Title IV-A and Title XX of the "Social Security Act," 49 1,216
Stat. 620 (1935), 42 U.S.C.A. 301, as amended, to prevent or 1,217
reduce economic or personal dependency and to strengthen family 1,218
life, or, if the county department is designated as the child 1,219
support enforcement agency under section 2301.35 of the Revised 1,220
Code, to perform or contract with other government agencies to 1,221
perform services authorized under Title IV-D of the "Social 1,222
Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as 1,223
amended.;
(2) The county department of human services shall, in the 1,225
development of the county plan for the administration of public 1,226
social services under Title XX of the "Social Security Act," 88 1,227
Stat. 2337, 42 U.S.C. 1397, as amended, do both of the following: 1,228
(a) Consider the comments and recommendations made during 1,230
local public hearings held under section 329.07 of the Revised 1,231
Code; 1,232
(b) Prepare a local needs report analyzing local need for 1,234
Title XX services in compliance with the guidelines developed by 1,235
the department of human services pursuant to section 5101.461 of 1,236
the Revised Code. The county department of human services shall 1,237
consider the local needs report in the development of the county 1,238
Title XX plan. 1,239
The plan shall list the services for which descriptions are 1,241
30
established under division (D)(4) of section 5101.46 of the 1,242
Revised Code that will be provided by the county with Title XX 1,243
funds and the eligibility categories listed under divisions 1,244
(E)(1), (2), and (3) of section 5101.46 of the Revised Code that 1,245
will be provided with each of these services. 1,246
(3) The county department, upon approval of the 1,248
comprehensive social services program plan by the general 1,249
assembly under section 5101.461 of the Revised Code and prior to 1,250
the effective date of the plan, shall take steps necessary to 1,251
ensure the efficient administration of public social services 1,252
under the plan, including the negotiation of contracts with 1,253
providers of services and the performance of other duties 1,254
assigned to it by the department of human services. 1,255
(C) To administer ADMINISTER disability assistance under 1,257
Chapter 5115. of the Revised Code as required by the state 1,258
department of human services; 1,259
(D) To administer (3) ADMINISTER burials insofar as the 1,262
administration of burials was, prior to September 12, 1947,
imposed upon the board; 1,263
(E) To cooperate (4) COOPERATE with state and federal 1,265
authorities in any matter relating to human services and to act 1,266
as the agent of such authorities; 1,267
(F) To submit (5) SUBMIT an annual account of its work 1,270
and expenses to the board OF COUNTY COMMISSIONERS and to the
department of human services at the close of each fiscal year; 1,271
(G) To exercise (6) EXERCISE any powers and duties 1,273
relating to human services imposed upon the county department of 1,274
human services by law, by resolution of the board of county 1,275
commissioners, or by order of the governor, when authorized by 1,276
law, to meet emergencies during war or peace. The board may 1,277
designate the county department of human services to exercise and 1,278
perform any additional human services powers and duties which the 1,279
board has.
(H) To determine; 1,281
31
(7) EXCEPT AS PROVIDED IN SECTION 5111.012 OF THE REVISED 1,283
CODE, DETERMINE the eligibility for medical assistance of 1,284
recipients of aid under Title XVI of the "Social Security Act," 1,285
49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended; 1,286
(I)(8) If the county department is designated as the child 1,288
support enforcement agency under section 2301.35 of the Revised 1,289
Code, to operate the agency in accordance with sections 2301.34 1,290
to 2301.44 of the Revised Code; 1,291
(9) ENTER INTO A WRITTEN AGREEMENT WITH THE BOARD OF 1,293
COUNTY COMMISSIONERS UNDER DIVISION (C) OF SECTION 307.98 OF THE 1,294
REVISED CODE AND COMPLY WITH AGREEMENTS THE BOARD ENTERS INTO 1,295
UNDER THAT SECTION THAT AFFECT THE COUNTY DEPARTMENT.
(B) THE POWERS AND DUTIES OF A COUNTY DEPARTMENT OF HUMAN 1,298
SERVICES ARE, AND SHALL BE EXERCISED AND PERFORMED, UNDER THE 1,299
CONTROL AND DIRECTION OF THE BOARD OF COUNTY COMMISSIONERS. THE 1,300
BOARD MAY ASSIGN TO THE COUNTY DEPARTMENT ANY POWER OR DUTY OF 1,301
THE BOARD REGARDING HUMAN SERVICES.
Sec. 329.05. The county department of human services may 1,311
administer or assist in administering any state or local public 1,312
welfare HUMAN SERVICES activity other than IN ADDITION TO those 1,314
mentioned in section 329.04 of the Revised Code, supported wholly 1,315
or in part by public funds from any source provided by agreement 1,316
between the board of county commissioners and the officer, 1,317
department, board, or agency in which the administration of such 1,318
activity is vested. Such officer, department, board, or agency 1,319
may enter into such agreement and confer upon the county 1,320
department of human services, to the extent and in particulars 1,321
specified in the agreement, the performance of any duties and the 1,322
exercise of any powers imposed upon or vested in such officer, 1,323
board, department, or agency, with respect to the administration 1,324
of such activity. Such agreement shall be in the form of a 1,325
resolution of the board of county commissioners, accepted in 1,326
writing by the other party to the agreement, and filed in the 1,327
office of the county auditor, and when so filed, shall have the 1,328
32
effect of transferring the exercise of the powers and duties to 1,329
which the agreement relates and shall exempt the other party from 1,330
all further responsibility for the exercise of the powers and 1,331
duties so transferred, during the life of the agreement. Such 1,332
SUCH agreement SHALL BE COORDINATED AND NOT CONFLICT WITH 1,334
AN AGREEMENT ENTERED INTO UNDER SECTION 307.98 OF THE REVISED 1,335
CODE. IT may be revoked at the option of either party, by a 1,337
resolution or order of the revoking party filed in the office of 1,338
the auditor. Such revocation shall become effective at the end 1,339
of the fiscal year occurring at least six months following the 1,340
filing of the resolution or order. In the absence of such an 1,341
express revocation so filed, the agreement shall continue 1,342
indefinitely. This
THIS section does not permit a county department of human 1,343
services to manage or control county or district tuberculosis or 1,344
other hospitals, humane societies, detention homes, jails or 1,345
probation departments of courts, or veterans service commissions. 1,346
Sec. 329.051. The county department of human services 1,355
shall make available to persons who are applying for or receiving 1,356
assistance from the general assistance program, the disability 1,357
assistance program, the OHIO WORKS FIRST program for aid for 1,359
dependent children, and the medical assistance program, voter 1,360
registration applications as prescribed by the secretary of state 1,361
under section 3503.10 of the Revised Code. 1,362
Sec. 329.06. The (A) EXCEPT AS PROVIDED IN DIVISION (C) 1,372
OF THIS SECTION, THE board of county commissioners shall appoint 1,373
ESTABLISH a county welfare HUMAN SERVICES advisory board 1,374
COMMITTEE. The board shall have not less than nine nor more than 1,375
seventeen members, the majority of whom shall be consumers of 1,376
services offered by the county department of human services or by 1,377
nonprofit private or public agencies under contract with the 1,378
department, or representatives of such consumers. One member 1,379
shall be the juvenile judge, or his designee. At least one 1,380
member shall be a representative, other than an employee, of a 1,381
33
nonpublic agency providing health or social services in the 1,382
county, two shall be members of the county children services 1,383
board in counties where there is such a board, and at least one 1,384
shall be a social worker. At least one member shall be over 1,385
sixty years of age. The members from the county children 1,386
services board shall be appointed by the county children services 1,387
board and the other members, excluding the juvenile judge or his 1,388
designee, shall be appointed by the board of county
commissioners. The terms of office of all members except the 1,389
juvenile judge or his designee shall be for three years. The 1,390
executive directors of the board of alcohol, drug addiction, and 1,391
mental health services and the county children services board and 1,392
the superintendent of the county board of mental retardation and 1,393
developmental disabilities shall be ex officio nonvoting members 1,394
of the board. 1,395
The board of county commissioners shall remove from 1,397
membership on the county welfare advisory board any person having 1,398
three consecutive unexcused absences from regular meetings, as 1,399
"unexcused absences" are defined by the advisory board. 1,400
Each person appointed shall serve until his successor is 1,402
appointed and qualified. Any vacancy shall be filled for the 1,403
unexpired term in the same manner as an original appointment. 1,404
Members of the county welfare advisory board shall serve as such 1,405
without compensation, except that they shall receive 1,406
reimbursement for necessary and actual expenses incurred in the 1,407
performance of their duties. THE BOARD SHALL APPOINT A MEMBER TO 1,409
REPRESENT THE COUNTY DEPARTMENT OF HUMAN SERVICES. THE BOARD 1,410
SHALL APPOINT OTHER INDIVIDUALS TO THE COMMITTEE IN SUCH A MANNER 1,411
THAT THE COMMITTEE'S MEMBERSHIP IS BROADLY REPRESENTATIVE OF THE 1,412
GROUPS OF INDIVIDUALS AND THE PUBLIC AND PRIVATE ENTITIES THAT 1,413
HAVE AN INTEREST IN THE SOCIAL SERVICES PROVIDED IN THE COUNTY. 1,414
THE FOLLOWING GROUPS AND ENTITIES MAY BE REPRESENTED ON THE 1,415
COMMITTEE: 1,416
(1) CONSUMERS OF SOCIAL SERVICES; 1,418
34
(2) PUBLIC ENTITIES THAT PROVIDE SOCIAL SERVICES, 1,420
INCLUDING BOARDS OF HEALTH, BOARDS OF EDUCATION, THE COUNTY BOARD 1,422
OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, AND THE 1,423
BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES THAT 1,424
SERVES THE COUNTY;
(3) PRIVATE NONPROFIT AND FOR-PROFIT ENTITIES THAT PROVIDE 1,427
SOCIAL SERVICES IN THE COUNTY OR THAT ADVOCATE FOR CONSUMERS OF 1,428
SOCIAL SERVICES IN THE COUNTY;
(4) ANY OTHER GROUP OR ENTITY THAT HAS AN INTEREST IN THE 1,430
SOCIAL SERVICES PROVIDED IN THE COUNTY, INCLUDING GROUPS OR 1,431
ENTITIES THAT REPRESENT ANY OF THE COUNTY'S BUSINESS, URBAN, AND 1,432
RURAL SECTORS. 1,433
(B) THE COUNTY HUMAN SERVICES PLANNING COMMITTEE SHALL DO 1,436
ALL OF THE FOLLOWING: 1,437
(1) SERVE AS AN ADVISORY BODY TO THE BOARD OF COUNTY 1,439
COMMISSIONERS WITH REGARD TO THE SOCIAL SERVICES PROVIDED IN THE 1,440
COUNTY, INCLUDING ASSISTANCE UNDER CHAPTER 5107. OF THE REVISED 1,444
CODE, PUBLICLY FUNDED CHILD DAY-CARE UNDER CHAPTER 5104. OF THE 1,446
REVISED CODE, AND SOCIAL SERVICES PROVIDED UNDER SECTIONS 5101.45 1,448
AND 5101.461 TO 5101.465 OF THE REVISED CODE; 1,450
(2) PROVIDE COMMENTS AND RECOMMENDATIONS TO THE BOARD 1,452
PRIOR TO THE BOARD'S ENTERING INTO AN AGREEMENT UNDER DIVISION 1,454
(B) OF SECTION 307.98 OF THE REVISED CODE; 1,456
(3) IN ACCORDANCE WITH SECTION 5101.461 OF THE REVISED 1,460
CODE, CONDUCT PUBLIC HEARINGS ON PROPOSED COUNTY PROFILES FOR THE 1,461
PROVISION OF SOCIAL SERVICES UNDER SECTIONS 5101.46 AND 5101.461 1,462
TO 5101.465 OF THE REVISED CODE; 1,464
(4) AT THE REQUEST OF THE BOARD, MAKE RECOMMENDATIONS AND 1,466
PROVIDE ASSISTANCE REGARDING THE SOCIAL SERVICES PROVIDED IN THE 1,467
COUNTY; 1,468
(5) AT ANY OTHER TIME THE COMMITTEE CONSIDERS APPROPRIATE, 1,471
CONSULT WITH THE BOARD AND MAKE RECOMMENDATIONS REGARDING THE 1,472
SOCIAL SERVICES PROVIDED IN THE COUNTY. THE COMMITTEE'S 1,473
RECOMMENDATIONS MAY ADDRESS THE FOLLOWING:
35
(a) IMPLEMENTATION AND ADMINISTRATION OF SOCIAL SERVICE 1,476
PROGRAMS;
(b) USE OF FEDERAL, STATE, AND LOCAL FUNDS AVAILABLE FOR 1,479
SOCIAL SERVICE PROGRAMS;
(c) ESTABLISHMENT OF GOALS TO BE ACHIEVED BY SOCIAL 1,482
SERVICE PROGRAMS;
(d) EVALUATION OF THE OUTCOMES OF SOCIAL SERVICE PROGRAMS; 1,485
(e) ANY OTHER MATTER THE COMMITTEE CONSIDERS RELEVANT TO 1,488
THE PROVISION OF SOCIAL SERVICES.
(C) IF THERE IS A COMMITTEE IN EXISTENCE IN A COUNTY ON 1,491
THE EFFECTIVE DATE OF THIS AMENDMENT THAT THE BOARD OF COUNTY 1,492
COMMISSIONERS DETERMINES IS CAPABLE OF FULFILLING THE 1,493
RESPONSIBILITIES OF A COUNTY HUMAN SERVICES PLANNING COMMITTEE, 1,494
THE BOARD MAY DESIGNATE THE COMMITTEE AS THE COUNTY'S HUMAN 1,495
SERVICES PLANNING COMMITTEE AND THE COMMITTEE SHALL SERVE IN THAT 1,496
CAPACITY.
Sec. 329.09. All moneys received by each county from the 1,505
state, or from the federal government under the "Social Security 1,506
Act," or any act of the congress amendatory of or in substitution 1,507
for such act, for aid to dependent children OHIO WORKS FIRST 1,508
UNDER CHAPTER 5107. OF THE REVISED CODE or for any other welfare 1,509
activity, shall be considered appropriated for the purposes for 1,511
which such moneys were received.
Sec. 2151.011. (A) As used in the Revised Code: 1,523
(1) "Juvenile court" means the division of the court of 1,525
common pleas or a juvenile court separately and independently 1,526
created having jurisdiction under this chapter. 1,527
(2) "Juvenile judge" means a judge of a court having 1,529
jurisdiction under this chapter. 1,530
(3) "PRIVATE CHILD PLACING AGENCY" MEANS ANY ASSOCIATION, 1,532
AS DEFINED IN SECTION 5103.02 OF THE REVISED CODE, THAT IS 1,533
CERTIFIED PURSUANT TO SECTIONS 5103.03 TO 5103.05 OF THE REVISED 1,534
CODE TO ACCEPT TEMPORARY, PERMANENT, OR LEGAL CUSTODY OF CHILDREN 1,535
AND PLACE THE CHILDREN FOR EITHER FOSTER CARE OR ADOPTION. 1,536
36
(4) "PRIVATE NONCUSTODIAL AGENCY" MEANS ANY PERSON, 1,538
ORGANIZATION, ASSOCIATION, OR SOCIETY CERTIFIED BY THE DEPARTMENT 1,539
OF HUMAN SERVICES THAT DOES NOT ACCEPT TEMPORARY OR PERMANENT 1,540
LEGAL CUSTODY OF CHILDREN, THAT IS PRIVATELY OPERATED IN THIS 1,541
STATE, AND THAT DOES ONE OR MORE OF THE FOLLOWING: 1,542
(a) RECEIVES AND CARES FOR CHILDREN FOR TWO OR MORE 1,544
CONSECUTIVE WEEKS; 1,545
(b) PARTICIPATES IN THE PLACEMENT OF CHILDREN IN FAMILY 1,547
FOSTER HOMES; 1,548
(c) PROVIDES ADOPTION SERVICES IN CONJUNCTION WITH A 1,550
PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY. 1,551
(B) As used in this chapter: 1,553
(1) "ADEQUATE PARENTAL CARE" MEANS THE PROVISION BY A 1,555
CHILD'S PARENT OR PARENTS, GUARDIAN, OR CUSTODIAN OF ADEQUATE 1,556
FOOD, CLOTHING, AND SHELTER TO ENSURE THE CHILD'S HEALTH AND 1,557
PHYSICAL SAFETY AND THE PROVISION BY A CHILD'S PARENT OR PARENTS 1,558
OF SPECIALIZED SERVICES WARRANTED BY THE CHILD'S PHYSICAL OR 1,559
MENTAL NEEDS. 1,560
(2) "ADULT" MEANS AN INDIVIDUAL WHO IS EIGHTEEN YEARS OF 1,562
AGE OR OLDER. 1,563
(3) "AGREEMENT FOR TEMPORARY CUSTODY" MEANS A VOLUNTARY 1,565
AGREEMENT AUTHORIZED BY SECTION 5103.15 OF THE REVISED CODE THAT 1,567
TRANSFERS THE TEMPORARY CUSTODY OF A CHILD TO A PUBLIC CHILDREN 1,568
SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY. 1,569
(4) "BABYSITTING CARE" MEANS CARE PROVIDED FOR A CHILD 1,571
WHILE THE PARENTS, GUARDIAN, OR LEGAL CUSTODIAN OF THE CHILD ARE 1,572
TEMPORARILY AWAY. 1,573
(5) "CERTIFIED FAMILY FOSTER HOME" MEANS A FAMILY FOSTER 1,575
HOME OPERATED BY PERSONS HOLDING A CERTIFICATE IN FORCE, ISSUED 1,576
UNDER SECTION 5103.03 OF THE REVISED CODE. 1,577
(6)(a) "Child" means a person who is under eighteen years 1,580
of age, except as otherwise provided in divisions (B)(1)(6)(b) to 1,581
(f) of this section. 1,582
(b) Subject to division (B)(1)(6)(c) of this section, any 1,585
37
person who violates a federal or state law or municipal ordinance 1,586
prior to attaining eighteen years of age shall be deemed a
"child" irrespective of that person's age at the time the 1,587
complaint is filed or the hearing on the complaint is held. 1,588
(c) Any person who, while under eighteen years of age, 1,591
commits an act that would be a felony if committed by an adult 1,592
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 1,593
child in relation to that act. 1,594
(d) Any person whose case is transferred for criminal 1,596
prosecution pursuant to division (B) or (C) of section 2151.26 of 1,597
the Revised Code shall after the transfer be deemed not to be a 1,598
child in the transferred case. 1,599
(e) Subject to division (B)(1)(6)(f) of this section, any 1,602
person whose case is transferred for criminal prosecution 1,603
pursuant to division (B) or (C) of section 2151.26 of the Revised 1,604
Code and who subsequently is convicted of or pleads guilty to a 1,605
felony in that case shall after the transfer be deemed not to be 1,607
a child in any case in which the person is alleged to have 1,609
committed prior to or subsequent to the transfer an act that 1,611
would be an offense if committed by an adult. Division 1,612
(B)(1)(6)(e) of this section applies to a case regardless of 1,613
whether the prior or subsequent act that is alleged in the case 1,615
and that would be an offense if committed by an adult allegedly 1,616
was committed in the same county in which the case was 1,618
transferred or in another county and regardless of whether the
complaint in the case involved was filed in the same county in 1,619
which the case was transferred or in another county. Division 1,620
(B)(1)(6)(e) of this section applies to a case that involves an 1,622
act committed prior to the transfer only when the prior act 1,623
alleged in the case has not been disposed of by a juvenile court
or trial court. 1,624
(f) Notwithstanding division (B)(1)(6)(e) of this section, 1,627
if a person's case is transferred for criminal prosecution
38
pursuant to division (B) or (C) of section 2151.26 of the Revised 1,629
Code and if the person subsequently is convicted of or pleads 1,630
guilty to a felony in that case, thereafter, the person shall be
considered a child solely for the following purposes in relation 1,631
to any act the person subsequently commits that would be an 1,632
offense if committed by an adult: 1,633
(i) For purposes of the filing of a complaint alleging 1,635
that the child is a delinquent child for committing the act that 1,636
would be an offense if committed by an adult; 1,637
(ii) For purposes of the juvenile court conducting a 1,639
hearing under division (B) of section 2151.26 of the Revised Code 1,641
relative to the complaint described in division (B)(1)(6)(f)(i) 1,642
of this section to determine whether division (B)(1) of section 1,643
2151.26 of the Revised Code applies and requires that the case be 1,645
transferred for criminal prosecution to the appropriate court 1,646
having jurisdiction of the offense.
(2) "Adult" means an individual who is eighteen years of 1,648
age or older. 1,649
(3)(7) "CHILD DAY CAMP," "CHILD DAY-CARE," "CHILD DAY-CARE 1,651
CENTER," "PART-TIME CHILD DAY-CARE CENTER," "TYPE A FAMILY 1,654
DAY-CARE HOME," "CERTIFIED TYPE B FAMILY DAY-CARE HOME," "TYPE B 1,655
HOME," "ADMINISTRATOR OF A CHILD DAY-CARE CENTER," "ADMINISTRATOR 1,657
OF A TYPE A FAMILY DAY-CARE HOME," "IN-HOME AIDE," AND 1,658
"AUTHORIZED PROVIDER" HAVE THE SAME MEANINGS AS IN SECTION 1,659
5104.01 OF THE REVISED CODE.
(8) "CHILD DAY-CARE PROVIDER" MEANS AN INDIVIDUAL WHO IS A 1,662
CHILD-CARE STAFF MEMBER OR ADMINISTRATOR OF A CHILD DAY-CARE
CENTER, A TYPE A FAMILY DAY-CARE HOME, OR A TYPE B FAMILY 1,663
DAY-CARE HOME, OR AN IN-HOME AIDE OR AN INDIVIDUAL WHO IS 1,664
LICENSED, IS REGULATED, IS APPROVED, OPERATES UNDER THE DIRECTION 1,665
OF, OR OTHERWISE IS CERTIFIED BY THE DEPARTMENT OF HUMAN 1,666
SERVICES, DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL 1,667
DISABILITIES, OR THE EARLY CHILDHOOD PROGRAMS OF THE DEPARTMENT 1,668
OF EDUCATION. 1,669
39
(9) "COMMIT" MEANS TO VEST CUSTODY AS ORDERED BY THE 1,671
COURT. 1,672
(10) "COUNSELING" INCLUDES BOTH OF THE FOLLOWING: 1,674
(a) GENERAL COUNSELING SERVICES PERFORMED BY A PUBLIC 1,677
CHILDREN SERVICES AGENCY OR SHELTER FOR VICTIMS OF DOMESTIC 1,678
VIOLENCE TO ASSIST A CHILD, A CHILD'S PARENTS, AND A CHILD'S 1,679
SIBLINGS IN ALLEVIATING IDENTIFIED PROBLEMS THAT MAY CAUSE OR 1,681
HAVE CAUSED THE CHILD TO BE AN ABUSED, NEGLECTED, OR DEPENDENT 1,682
CHILD.
(b) PSYCHIATRIC OR PSYCHOLOGICAL THERAPEUTIC COUNSELING 1,685
SERVICES PROVIDED TO CORRECT OR ALLEVIATE ANY MENTAL OR EMOTIONAL 1,687
ILLNESS OR DISORDER AND PERFORMED BY A LICENSED PSYCHIATRIST,
LICENSED PSYCHOLOGIST, OR A PERSON LICENSED UNDER CHAPTER 4757. 1,688
OF THE REVISED CODE TO ENGAGE IN SOCIAL WORK OR PROFESSIONAL 1,689
COUNSELING.
(11) "CUSTODIAN" MEANS A PERSON WHO HAS LEGAL CUSTODY OF A 1,691
CHILD OR A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD 1,692
PLACING AGENCY THAT HAS PERMANENT, TEMPORARY, OR LEGAL CUSTODY OF 1,693
A CHILD. 1,694
(12) "Detention" means the temporary care of children 1,696
pending court adjudication or disposition, or execution of a 1,697
court order, in a public or private facility designed to 1,698
physically restrict the movement and activities of children. 1,699
(4)(13) "DEVELOPMENTAL DISABILITY" HAS THE SAME MEANING AS 1,701
IN SECTION 5123.01 OF THE REVISED CODE. 1,703
(14) "FAMILY FOSTER HOME" MEANS A PRIVATE RESIDENCE IN 1,705
WHICH CHILDREN ARE RECEIVED APART FROM THEIR PARENTS, GUARDIAN, 1,706
OR LEGAL CUSTODIAN BY AN INDIVIDUAL FOR HIRE, GAIN, OR REWARD FOR 1,707
NONSECURE CARE, SUPERVISION, OR TRAINING TWENTY-FOUR HOURS A DAY. 1,708
"FAMILY FOSTER HOME" DOES NOT INCLUDE BABYSITTING CARE PROVIDED 1,709
FOR A CHILD IN THE HOME OF A PERSON OTHER THAN THE HOME OF THE 1,710
PARENTS, GUARDIAN, OR LEGAL CUSTODIAN OF THE CHILD. 1,711
(15) "FOSTER HOME" MEANS A FAMILY HOME IN WHICH ANY CHILD 1,713
IS RECEIVED APART FROM THE CHILD'S PARENTS FOR CARE, SUPERVISION, 1,714
40
OR TRAINING. 1,716
(16) "GUARDIAN" MEANS A PERSON, ASSOCIATION, OR 1,718
CORPORATION THAT IS GRANTED AUTHORITY BY A PROBATE COURT PURSUANT 1,719
TO CHAPTER 2111. OF THE REVISED CODE TO EXERCISE PARENTAL RIGHTS 1,720
OVER A CHILD TO THE EXTENT PROVIDED IN THE COURT'S ORDER AND 1,721
SUBJECT TO THE RESIDUAL PARENTAL RIGHTS OF THE CHILD'S PARENTS. 1,722
(17) "LEGAL CUSTODY" MEANS A LEGAL STATUS THAT VESTS IN 1,724
THE CUSTODIAN THE RIGHT TO HAVE PHYSICAL CARE AND CONTROL OF THE 1,725
CHILD AND TO DETERMINE WHERE AND WITH WHOM THE CHILD SHALL LIVE, 1,726
AND THE RIGHT AND DUTY TO PROTECT, TRAIN, AND DISCIPLINE THE 1,728
CHILD AND TO PROVIDE THE CHILD WITH FOOD, SHELTER, EDUCATION, AND 1,729
MEDICAL CARE, ALL SUBJECT TO ANY RESIDUAL PARENTAL RIGHTS, 1,731
PRIVILEGES, AND RESPONSIBILITIES. AN INDIVIDUAL GRANTED LEGAL 1,732
CUSTODY SHALL EXERCISE THE RIGHTS AND RESPONSIBILITIES PERSONALLY 1,733
UNLESS OTHERWISE AUTHORIZED BY ANY SECTION OF THE REVISED CODE OR 1,734
BY THE COURT. 1,735
(18) "LONG-TERM FOSTER CARE" MEANS AN ORDER OF A JUVENILE 1,737
COURT PURSUANT TO WHICH BOTH OF THE FOLLOWING APPLY: 1,738
(a) LEGAL CUSTODY OF A CHILD IS GIVEN TO A PUBLIC CHILDREN 1,740
SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY WITHOUT THE 1,741
TERMINATION OF PARENTAL RIGHTS. 1,742
(b) THE AGENCY IS PERMITTED TO MAKE AN APPROPRIATE 1,744
PLACEMENT OF THE CHILD AND TO ENTER INTO A WRITTEN LONG-TERM 1,745
FOSTER CARE AGREEMENT WITH A FOSTER CARE PROVIDER OR WITH ANOTHER 1,746
PERSON OR AGENCY WITH WHOM THE CHILD IS PLACED. 1,747
(19) "MENTAL ILLNESS" AND "MENTALLY ILL PERSON SUBJECT TO 1,749
HOSPITALIZATION BY COURT ORDER" HAVE THE SAME MEANINGS AS IN 1,750
SECTION 5122.01 OF THE REVISED CODE. 1,751
(20) "MENTAL INJURY" MEANS ANY BEHAVIORAL, COGNITIVE, 1,753
EMOTIONAL, OR MENTAL DISORDER IN A CHILD CAUSED BY AN ACT OR 1,754
OMISSION THAT IS DESCRIBED IN SECTION 2919.22 OF THE REVISED CODE 1,755
AND IS COMMITTED BY THE PARENT OR OTHER PERSON RESPONSIBLE FOR 1,757
THE CHILD'S CARE.
(21) "MENTALLY RETARDED PERSON" HAS THE SAME MEANING AS IN 1,759
41
SECTION 5123.01 OF THE REVISED CODE. 1,760
(22) "NONSECURE CARE, SUPERVISION, OR TRAINING" MEANS 1,762
CARE, SUPERVISION, OR TRAINING OF A CHILD IN A FACILITY THAT DOES 1,763
NOT CONFINE OR PREVENT MOVEMENT OF THE CHILD WITHIN THE FACILITY 1,764
OR FROM THE FACILITY. 1,765
(23) "ORGANIZATION" MEANS ANY INSTITUTION, PUBLIC, 1,767
SEMIPUBLIC, OR PRIVATE, AND ANY PRIVATE ASSOCIATION, SOCIETY, OR 1,768
AGENCY LOCATED OR OPERATING IN THE STATE, INCORPORATED OR 1,769
UNINCORPORATED, HAVING AMONG ITS FUNCTIONS THE FURNISHING OF 1,770
PROTECTIVE SERVICES OR CARE FOR CHILDREN, OR THE PLACEMENT OF 1,771
CHILDREN IN FOSTER HOMES OR ELSEWHERE. 1,772
(24) "OUT-OF-HOME CARE" MEANS DETENTION FACILITIES, 1,774
SHELTER FACILITIES, FOSTER HOMES, CERTIFIED FOSTER HOMES, 1,775
PLACEMENT IN A PROSPECTIVE ADOPTIVE HOME PRIOR TO THE ISSUANCE OF 1,776
A FINAL DECREE OF ADOPTION, ORGANIZATIONS, CERTIFIED 1,777
ORGANIZATIONS, CHILD DAY-CARE CENTERS, TYPE A FAMILY DAY-CARE 1,778
HOMES, CHILD DAY-CARE PROVIDED BY TYPE B FAMILY DAY-CARE HOME 1,779
PROVIDERS AND BY IN-HOME AIDES, GROUP HOME PROVIDERS, GROUP 1,780
HOMES, INSTITUTIONS, STATE INSTITUTIONS, RESIDENTIAL FACILITIES, 1,781
RESIDENTIAL CARE FACILITIES, RESIDENTIAL CAMPS, DAY CAMPS, 1,782
HOSPITALS, AND MEDICAL CLINICS THAT ARE RESPONSIBLE FOR THE CARE, 1,783
PHYSICAL CUSTODY, OR CONTROL OF CHILDREN. 1,784
(25) "OUT-OF-HOME CARE CHILD ABUSE" MEANS ANY OF THE 1,786
FOLLOWING WHEN COMMITTED BY A PERSON RESPONSIBLE FOR THE CARE OF 1,787
A CHILD IN OUT-OF-HOME CARE: 1,788
(a) ENGAGING IN SEXUAL ACTIVITY WITH A CHILD IN THE 1,790
PERSON'S CARE; 1,791
(b) DENIAL TO A CHILD, AS A MEANS OF PUNISHMENT, OF PROPER 1,793
OR NECESSARY SUBSISTENCE, EDUCATION, MEDICAL CARE, OR OTHER CARE 1,794
NECESSARY FOR A CHILD'S HEALTH; 1,795
(c) USE OF RESTRAINT PROCEDURES ON A CHILD THAT CAUSE 1,797
INJURY OR PAIN; 1,798
(d) ADMINISTRATION OF PRESCRIPTION DRUGS OR PSYCHOTROPIC 1,800
MEDICATION TO THE CHILD WITHOUT THE WRITTEN APPROVAL AND ONGOING 1,801
42
SUPERVISION OF A LICENSED PHYSICIAN; 1,802
(e) COMMISSION OF ANY ACT, OTHER THAN BY ACCIDENTAL MEANS, 1,804
THAT RESULTS IN ANY INJURY TO OR DEATH OF THE CHILD IN 1,805
OUT-OF-HOME CARE OR COMMISSION OF ANY ACT BY ACCIDENTAL MEANS 1,806
THAT RESULTS IN AN INJURY TO OR DEATH OF A CHILD IN OUT-OF-HOME 1,807
CARE AND THAT IS AT VARIANCE WITH THE HISTORY GIVEN OF THE INJURY 1,808
OR DEATH.
(26) "OUT-OF-HOME CARE CHILD NEGLECT" MEANS ANY OF THE 1,810
FOLLOWING WHEN COMMITTED BY A PERSON RESPONSIBLE FOR THE CARE OF 1,811
A CHILD IN OUT-OF-HOME CARE: 1,812
(a) FAILURE TO PROVIDE REASONABLE SUPERVISION ACCORDING TO 1,814
THE STANDARDS OF CARE APPROPRIATE TO THE AGE, MENTAL AND PHYSICAL 1,815
CONDITION, OR OTHER SPECIAL NEEDS OF THE CHILD; 1,816
(b) FAILURE TO PROVIDE REASONABLE SUPERVISION ACCORDING TO 1,818
THE STANDARDS OF CARE APPROPRIATE TO THE AGE, MENTAL AND PHYSICAL 1,819
CONDITION, OR OTHER SPECIAL NEEDS OF THE CHILD, THAT RESULTS IN 1,820
SEXUAL OR PHYSICAL ABUSE OF THE CHILD BY ANY PERSON; 1,821
(c) FAILURE TO DEVELOP A PROCESS FOR ALL OF THE FOLLOWING: 1,823
(i) ADMINISTRATION OF PRESCRIPTION DRUGS OR PSYCHOTROPIC 1,825
DRUGS FOR THE CHILD; 1,826
(ii) ASSURING THAT THE INSTRUCTIONS OF THE LICENSED 1,828
PHYSICIAN WHO PRESCRIBED A DRUG FOR THE CHILD ARE FOLLOWED; 1,829
(iii) REPORTING TO THE LICENSED PHYSICIAN WHO PRESCRIBED 1,831
THE DRUG ALL UNFAVORABLE OR DANGEROUS SIDE EFFECTS FROM THE USE 1,832
OF THE DRUG. 1,833
(d) FAILURE TO PROVIDE PROPER OR NECESSARY SUBSISTENCE, 1,835
EDUCATION, MEDICAL CARE, OR OTHER INDIVIDUALIZED CARE NECESSARY 1,836
FOR THE HEALTH OR WELL-BEING OF THE CHILD; 1,837
(e) CONFINEMENT OF THE CHILD TO A LOCKED ROOM WITHOUT 1,839
MONITORING BY STAFF; 1,840
(f) FAILURE TO PROVIDE ONGOING SECURITY FOR ALL 1,842
PRESCRIPTION AND NONPRESCRIPTION MEDICATION; 1,843
(g) ISOLATION OF A CHILD FOR A PERIOD OF TIME WHEN THERE 1,845
IS SUBSTANTIAL RISK THAT THE ISOLATION, IF CONTINUED, WILL IMPAIR 1,846
43
OR RETARD THE MENTAL HEALTH OR PHYSICAL WELL-BEING OF THE CHILD. 1,847
(27) "PERMANENT CUSTODY" MEANS A LEGAL STATUS THAT VESTS 1,849
IN A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING 1,850
AGENCY, ALL PARENTAL RIGHTS, DUTIES, AND OBLIGATIONS, INCLUDING 1,851
THE RIGHT TO CONSENT TO ADOPTION, AND DIVESTS THE NATURAL PARENTS 1,852
OR ADOPTIVE PARENTS OF ALL PARENTAL RIGHTS, PRIVILEGES, AND 1,854
OBLIGATIONS, INCLUDING ALL RESIDUAL RIGHTS AND OBLIGATIONS.
(28) "PERMANENT SURRENDER" MEANS THE ACT OF THE PARENTS 1,856
OR, IF A CHILD HAS ONLY ONE PARENT, OF THE PARENT OF A CHILD, BY 1,857
A VOLUNTARY AGREEMENT AUTHORIZED BY SECTION 5103.15 OF THE 1,859
REVISED CODE, TO TRANSFER THE PERMANENT CUSTODY OF THE CHILD TO A
PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING 1,860
AGENCY. 1,861
(29) "PERSON RESPONSIBLE FOR A CHILD'S CARE IN OUT-OF-HOME 1,863
CARE" MEANS ANY OF THE FOLLOWING: 1,864
(a) ANY FOSTER PARENT, IN-HOME AIDE, OR PROVIDER; 1,866
(b) ANY ADMINISTRATOR, EMPLOYEE, OR AGENT OF ANY OF THE 1,868
FOLLOWING: A PUBLIC OR PRIVATE DETENTION FACILITY; SHELTER 1,869
FACILITY; ORGANIZATION; CERTIFIED ORGANIZATION; CHILD DAY-CARE 1,870
CENTER; TYPE A FAMILY DAY-CARE HOME; CERTIFIED TYPE B FAMILY 1,871
DAY-CARE HOME; GROUP HOME; INSTITUTION; STATE INSTITUTION; 1,872
RESIDENTIAL FACILITY; RESIDENTIAL CARE FACILITY; RESIDENTIAL 1,873
CAMP; DAY CAMP; HOSPITAL; OR MEDICAL CLINIC. 1,874
(c) ANY OTHER PERSON WHO PERFORMS A SIMILAR FUNCTION WITH 1,876
RESPECT TO, OR HAS A SIMILAR RELATIONSHIP TO, CHILDREN. 1,877
(30) "PHYSICALLY IMPAIRED" MEANS HAVING ONE OR MORE OF THE 1,880
FOLLOWING CONDITIONS THAT SUBSTANTIALLY LIMIT ONE OR MORE OF AN 1,881
INDIVIDUAL'S MAJOR LIFE ACTIVITIES, INCLUDING SELF-CARE,
RECEPTIVE AND EXPRESSIVE LANGUAGE, LEARNING, MOBILITY, AND 1,882
SELF-DIRECTION:
(a) A SUBSTANTIAL IMPAIRMENT OF VISION, SPEECH, OR 1,884
HEARING;
(b) A CONGENITAL ORTHOPEDIC IMPAIRMENT; 1,886
(c) AN ORTHOPEDIC IMPAIRMENT CAUSED BY DISEASE, RHEUMATIC 1,889
44
FEVER OR ANY OTHER SIMILAR CHRONIC OR ACUTE HEALTH PROBLEM, OR 1,890
AMPUTATION OR ANOTHER SIMILAR CAUSE.
(31) "PLACEMENT FOR ADOPTION" MEANS THE ARRANGEMENT BY A 1,892
PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY 1,893
WITH A PERSON FOR THE CARE AND ADOPTION BY THAT PERSON OF A CHILD 1,894
OF WHOM THE AGENCY HAS PERMANENT CUSTODY. 1,895
(32) "PLACEMENT IN FOSTER CARE" MEANS THE ARRANGEMENT BY A 1,898
PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY 1,899
FOR THE OUT-OF-HOME CARE OF A CHILD OF WHOM THE AGENCY HAS
TEMPORARY CUSTODY OR PERMANENT CUSTODY. 1,900
(33) "PRACTICE OF SOCIAL WORK" AND "PRACTICE OF 1,902
PROFESSIONAL COUNSELING" HAVE THE SAME MEANINGS AS IN SECTION 1,903
4757.01 OF THE REVISED CODE. 1,904
(34) "PROBATION" MEANS A LEGAL STATUS CREATED BY COURT 1,906
ORDER FOLLOWING AN ADJUDICATION THAT A CHILD IS A DELINQUENT 1,907
CHILD, A JUVENILE TRAFFIC OFFENDER, OR AN UNRULY CHILD, WHEREBY 1,908
THE CHILD IS PERMITTED TO REMAIN IN THE PARENT'S, GUARDIAN'S, OR 1,909
CUSTODIAN'S HOME SUBJECT TO SUPERVISION, OR UNDER THE SUPERVISION 1,910
OF ANY AGENCY DESIGNATED BY THE COURT AND RETURNED TO THE COURT 1,911
FOR VIOLATION OF PROBATION AT ANY TIME DURING THE PERIOD OF 1,912
PROBATION. 1,913
(35) "PROTECTIVE SUPERVISION" MEANS AN ORDER OF 1,915
DISPOSITION PURSUANT TO WHICH THE COURT PERMITS AN ABUSED, 1,916
NEGLECTED, DEPENDENT, UNRULY, OR DELINQUENT CHILD OR A JUVENILE 1,917
TRAFFIC OFFENDER TO REMAIN IN THE CUSTODY OF THE CHILD'S PARENTS, 1,918
GUARDIAN, OR CUSTODIAN AND STAY IN THE CHILD'S HOME, SUBJECT TO 1,919
ANY CONDITIONS AND LIMITATIONS UPON THE CHILD, THE CHILD'S 1,921
PARENTS, GUARDIAN, OR CUSTODIAN, OR ANY OTHER PERSON THAT THE 1,923
COURT PRESCRIBES, INCLUDING SUPERVISION AS DIRECTED BY THE COURT 1,924
FOR THE PROTECTION OF THE CHILD. 1,925
(36) "PSYCHIATRIST" HAS THE SAME MEANING AS IN SECTION 1,927
5122.01 OF THE REVISED CODE. 1,928
(37) "PSYCHOLOGIST" HAS THE SAME MEANING AS IN SECTION 1,930
4732.01 OF THE REVISED CODE. 1,931
45
(38) "RESIDENTIAL CAMP" MEANS A PUBLIC OR PRIVATE FACILITY 1,933
THAT ENGAGES OR ACCEPTS THE CARE, PHYSICAL CUSTODY, OR CONTROL OF 1,934
CHILDREN DURING SUMMER MONTHS AND THAT IS LICENSED, REGULATED, 1,935
APPROVED, OPERATED UNDER THE DIRECTION OF, OR OTHERWISE CERTIFIED 1,936
BY THE DEPARTMENT OF HEALTH OR THE AMERICAN CAMPING ASSOCIATION. 1,937
(39) "RESIDENTIAL CARE FACILITY" MEANS AN INSTITUTION, 1,939
RESIDENCE, OR FACILITY THAT IS LICENSED BY THE DEPARTMENT OF 1,940
MENTAL HEALTH UNDER SECTION 5119.22 OF THE REVISED CODE AND THAT 1,941
PROVIDES CARE FOR A CHILD. 1,942
(40) "RESIDENTIAL FACILITY" MEANS A HOME OR FACILITY THAT 1,944
IS LICENSED BY THE DEPARTMENT OF MENTAL RETARDATION AND 1,945
DEVELOPMENTAL DISABILITIES UNDER SECTION 5123.19 OF THE REVISED 1,946
CODE AND IN WHICH A CHILD WITH A DEVELOPMENTAL DISABILITY 1,947
RESIDES. 1,948
(41) "RESIDUAL PARENTAL RIGHTS, PRIVILEGES, AND 1,950
RESPONSIBILITIES" MEANS THOSE RIGHTS, PRIVILEGES, AND 1,951
RESPONSIBILITIES REMAINING WITH THE NATURAL PARENT AFTER THE 1,952
TRANSFER OF LEGAL CUSTODY OF THE CHILD, INCLUDING, BUT NOT 1,953
NECESSARILY LIMITED TO, THE PRIVILEGE OF REASONABLE VISITATION, 1,954
CONSENT TO ADOPTION, THE PRIVILEGE TO DETERMINE THE CHILD'S 1,955
RELIGIOUS AFFILIATION, AND THE RESPONSIBILITY FOR SUPPORT. 1,956
(42) "SECURE CORRECTIONAL FACILITY" MEANS A FACILITY UNDER 1,959
THE DIRECTION OF THE DEPARTMENT OF YOUTH SERVICES THAT IS
DESIGNED TO PHYSICALLY RESTRICT THE MOVEMENT AND ACTIVITIES OF 1,960
CHILDREN AND USED FOR THE PLACEMENT OF CHILDREN AFTER 1,961
ADJUDICATION AND DISPOSITION.
(43) "SEXUAL ACTIVITY" HAS THE SAME MEANING AS IN SECTION 1,963
2907.01 OF THE REVISED CODE. 1,964
(44) "Shelter" means the temporary care of children in 1,966
physically unrestricted facilities pending court adjudication or 1,967
disposition. 1,968
(5) "Foster home" means a family home in which any child 1,970
is received apart from the child's parents for care, supervision, 1,971
or training. 1,973
46
(6) "Certified family foster home" means a family foster 1,975
home operated by persons holding a certificate in force, issued 1,976
under section 5103.03 of the Revised Code. 1,977
(7) "Organization" means any institution, public, 1,979
semipublic, or private, and any private association, society, or 1,980
agency located or operating in the state, incorporated or 1,981
unincorporated, having among its functions the furnishing of 1,982
protective services or care for children, or the placement of 1,983
children in foster homes or elsewhere. 1,984
(8) "Private child placing agency" means any association, 1,986
as defined in section 5103.02 of the Revised Code, that is 1,987
certified pursuant to sections 5103.03 to 5103.05 of the Revised 1,988
Code to accept temporary, permanent, or legal custody of children 1,989
and place the children for either foster care or adoption. 1,990
(9) "Legal custody" means a legal status that vests in the 1,993
custodian the right to have physical care and control of the
child and to determine where and with whom the child shall live, 1,994
and the right and duty to protect, train, and discipline the 1,996
child and to provide the child with food, shelter, education, and 1,997
medical care, all subject to any residual parental rights, 1,999
privileges, and responsibilities. An individual granted legal 2,000
custody shall exercise the rights and responsibilities personally 2,001
unless otherwise authorized by any section of the Revised Code or 2,002
by the court. 2,003
(10) "Residual parental rights, privileges, and 2,005
responsibilities" means those rights, privileges, and 2,006
responsibilities remaining with the natural parent after the 2,007
transfer of legal custody of the child, including, but not 2,008
necessarily limited to, the privilege of reasonable visitation, 2,009
consent to adoption, the privilege to determine the child's 2,010
religious affiliation, and the responsibility for support. 2,011
(11) "Permanent custody" means a legal status that vests 2,013
in a public children services agency or a private child placing 2,014
agency, all parental rights, duties, and obligations, including 2,015
47
the right to consent to adoption, and divests the natural parents 2,016
or adoptive parents of all parental rights, privileges, and 2,018
obligations, including all residual rights and obligations.
(12) "Temporary custody" means legal custody of a child 2,020
who is removed from the child's home, which custody may be 2,021
terminated at any time at the discretion of the court or, if the 2,023
legal custody is granted in an agreement for temporary custody, 2,024
by the person who executed the agreement. 2,025
(13) "Commit" means to vest custody as ordered by the 2,027
court. 2,028
(14) "Probation" means a legal status created by court 2,030
order following an adjudication that a child is a delinquent 2,031
child, a juvenile traffic offender, or an unruly child, whereby 2,032
the child is permitted to remain in the parent's, guardian's, or 2,033
custodian's home subject to supervision, or under the supervision 2,034
of any agency designated by the court and returned to the court 2,035
for violation of probation at any time during the period of 2,036
probation. 2,037
(15) "Protective supervision" means an order of 2,039
disposition pursuant to which the court permits an abused, 2,040
neglected, dependent, unruly, or delinquent child or a juvenile 2,041
traffic offender to remain in the custody of the child's parents, 2,042
guardian, or custodian and stay in the child's home, subject to 2,043
any conditions and limitations upon the child, the child's 2,045
parents, guardian, or custodian, or any other person that the 2,047
court prescribes, including supervision as directed by the court 2,048
for the protection of the child. 2,049
(16) "Adequate parental care" means the provision by a 2,051
child's parent or parents, guardian, or custodian of adequate 2,052
food, clothing, and shelter to ensure the child's health and 2,053
physical safety and the provision by a child's parent or parents 2,054
of specialized services warranted by the child's physical or 2,055
mental needs. 2,056
(17) "Agreement for temporary custody" means a voluntary 2,058
48
agreement that is authorized by section 5103.15 of the Revised 2,059
Code and that transfers the temporary custody of a child to a 2,060
public children services agency or a private child placing 2,061
agency. 2,062
(18) "Guardian" means a person, association, or 2,064
corporation that is granted authority by a probate court pursuant 2,065
to Chapter 2111. of the Revised Code to exercise parental rights 2,066
over a child to the extent provided in the court's order and 2,067
subject to the residual parental rights of the child's parents. 2,068
(19) "Mental illness" and "mentally ill person subject to 2,070
hospitalization by court order" have the same meanings as in 2,071
section 5122.01 of the Revised Code. 2,072
(20) "Mentally retarded person" has the same meaning as in 2,074
section 5123.01 of the Revised Code. 2,075
(21) "Permanent surrender" means the act of the parents 2,077
or, if a child has only one parent, of the parent of a child, by 2,078
a voluntary agreement authorized by section 5103.15 of the 2,079
Revised Code, to transfer the permanent custody of the child to a 2,080
public children services agency or a private child placing 2,081
agency. 2,082
(22) "Placement for foster care" means the arrangement by 2,084
a public children services agency or a private child placing 2,085
agency for the out-of-home care of a child of whom the agency has 2,086
temporary custody or permanent custody. 2,087
(23) "Placement for adoption" means the arrangement by a 2,089
public children services agency or a private child placing agency 2,090
with a person for the care and adoption by that person of a child 2,091
of whom the agency has permanent custody. 2,092
(25) "Public children services agency" means a children 2,094
services board or a county department of human services that has 2,095
assumed the administration of the children services function 2,096
prescribed by Chapter 5153. of the Revised Code. 2,097
(26) "Custodian" means a person who has legal custody of a 2,099
child or a public children services agency or private child 2,100
49
placing agency that has permanent, temporary, or legal custody of 2,101
a child. 2,102
(27) "Counseling" includes general counseling and 2,104
therapeutic counseling. 2,105
(28) "General counseling" means those services performed 2,107
by a county children services board, county department of human 2,108
services exercising the children services function, or shelter 2,109
for victims of domestic violence to assist a child, a child's 2,110
parents, and a child's siblings in alleviating identified 2,111
problems that may cause or have caused the child to be an abused, 2,113
neglected, or dependent child. 2,114
(29) "Therapeutic counseling" means psychiatric or 2,116
psychological services provided to correct or alleviate any 2,118
mental or emotional illness or disorder and performed by a 2,119
licensed psychiatrist, licensed psychologist, or a person 2,120
licensed under Chapter 4757. of the Revised Code to engage in 2,121
social work or professional counseling.
(30)(45) "Shelter for victims of domestic violence" has 2,123
the same meaning as in section 3113.33 of the Revised Code. 2,124
(31) "Psychiatrist" has the same meaning as in section 2,126
5122.01 of the Revised Code. 2,127
(32) "Psychologist" has the same meaning as in section 2,129
4732.01 of the Revised Code. 2,130
(33) "Practice of social work" and "practice of 2,132
professional counseling" have the same meanings as in section 2,133
4757.01 of the Revised Code. 2,134
(34) "Child day-care provider" means an individual who is 2,136
a child-care staff member or administrator of a child day-care 2,137
center, a type A family day-care home, or a type B family 2,138
day-care home, or an in-home aide or an individual who is 2,139
licensed, is regulated, is approved, operates under the direction 2,140
of, or otherwise is certified by the department of human 2,141
services, department of mental retardation and developmental 2,142
disabilities, or the early childhood programs of the department 2,143
50
of education. 2,144
(35) "Residential facility" means a home or facility that 2,146
is licensed by the department of mental retardation and 2,147
developmental disabilities under section 5123.19 of the Revised 2,148
Code and in which a child with a developmental disability 2,149
resides. 2,150
(36) "Residential care facility" means an institution, 2,152
residence, or facility that is licensed by the department of 2,153
mental health under section 5119.22 of the Revised Code and that 2,154
provides care for a child. 2,155
(37) "Residential camp" means a public or private facility 2,157
that engages or accepts the care, physical custody, or control of 2,158
children during summer months and that is licensed, regulated, 2,159
approved, operated under the direction of, or otherwise certified 2,160
by the department of health or the American camping association. 2,161
(38) "Child day camp" has the same meaning as in section 2,163
5104.01 of the Revised Code. 2,164
(39) "Out-of-home care" means detention facilities, 2,166
shelter facilities, foster homes, certified foster homes, 2,167
placement in a prospective adoptive home prior to the issuance of 2,168
a final decree of adoption, organizations, certified 2,169
organizations, child day-care centers, type A family day-care 2,170
homes, child day-care provided by type B family day-care home 2,171
providers and by in-home aides, group home providers, group 2,172
homes, institutions, state institutions, residential facilities, 2,173
residential care facilities, residential camps, day camps, 2,174
hospitals, and medical clinics that are responsible for the care, 2,175
physical custody, or control of children. 2,176
(40) "Person responsible for a child's care in out-of-home 2,178
care" means any of the following: 2,179
(a) Any foster parent, in-home aide, or provider; 2,181
(b) Any administrator, employee, or agent of any of the 2,183
following: a public or private detention facility; shelter 2,184
facility; organization; certified organization; child day-care 2,185
51
center; type A family day-care home; certified type B family 2,186
day-care home; group home; institution; state institution; 2,187
residential facility; residential care facility; residential 2,188
camp; day camp; hospital; or medical clinic. 2,189
(c) Any other person who performs a similar function with 2,191
respect to, or has a similar relationship to, children. 2,192
(41) "Child day-care," "child day-care center," "part-time 2,194
child day-care center," "type A family day-care home," "certified 2,195
type B family day-care home," "type B home," "administrator of a 2,196
child day-care center," "administrator of a type A family 2,197
day-care home," "in-home aide," and "authorized provider" have 2,198
the same meanings as in section 5104.01 of the Revised Code. 2,199
(42) "Developmental disability" has the same meaning as in 2,201
section 5123.01 of the Revised Code. 2,202
(43) "Out-of-home care child neglect" means any of the 2,204
following when committed by a person responsible for the care of 2,205
a child in out-of-home care: 2,206
(a) Failure to provide reasonable supervision according to 2,208
the standards of care appropriate to the age, mental and physical 2,209
condition, or other special needs of the child; 2,210
(b) Failure to provide reasonable supervision according to 2,212
the standards of care appropriate to the age, mental and physical 2,213
condition, or other special needs of the child, that results in 2,214
sexual or physical abuse of the child by any person; 2,215
(c) Failure to develop a process for all of the following: 2,217
(i) Administration of prescription drugs or psychotropic 2,219
drugs for the child; 2,220
(ii) Assuring that the instructions of the licensed 2,222
physician who prescribed a drug for the child are followed; 2,223
(iii) Reporting to the licensed physician who prescribed 2,225
the drug all unfavorable or dangerous side effects from the use 2,226
of the drug; 2,227
(d) Failure to provide proper or necessary subsistence, 2,229
education, medical care, or other individualized care necessary 2,230
52
for the health or well-being of the child; 2,231
(e) Confinement of the child to a locked room without 2,233
monitoring by staff; 2,234
(f) Failure to provide ongoing security for all 2,236
prescription and nonprescription medication; 2,237
(g) Isolation of a child for a period of time when there 2,239
is substantial risk that the isolation, if continued, will impair 2,240
or retard the mental health or physical well-being of the child. 2,241
(44) "Out-of-home care child abuse" means any of the 2,243
following when committed by a person responsible for the care of 2,244
a child in out-of-home care: 2,245
(a) Engaging in sexual activity with a child in the 2,247
person's care;
(b) Denial to a child, as a means of punishment, of proper 2,249
or necessary subsistence, education, medical care, or other care 2,250
necessary for a child's health; 2,251
(c) Use of restraint procedures on a child that cause 2,253
injury or pain; 2,254
(d) Administration of prescription drugs or psychotropic 2,256
medication to the child without the written approval and ongoing 2,257
supervision of a licensed physician; 2,258
(e) Commission of any act, other than by accidental means, 2,260
that results in any injury to or death of the child in 2,261
out-of-home care or commission of any act by accidental means 2,262
that results in an injury to or death of a child in out-of-home 2,263
care and that is at variance with the history given of the injury 2,264
or death.
(45) "Sexual activity" has the same meaning as in section 2,266
2907.01 of the Revised Code. 2,267
(46) "Family foster home" means a private residence in 2,269
which children are received apart from their parents, guardian, 2,270
or legal custodian by an individual for hire, gain, or reward for 2,271
nonsecure care, supervision, or training twenty-four hours a day. 2,272
"Family foster home" does not include babysitting care provided 2,273
53
for a child in the home of a person other than the home of the 2,274
parents, guardian, or legal custodian of the child. 2,275
(47) "Nonsecure care, supervision, or training" means 2,277
care, supervision, or training of a child in a facility that does 2,278
not confine or prevent movement of the child within the facility 2,279
or from the facility. 2,280
(48) "Private noncustodial agency" means any person, 2,282
organization, association, or society certified by the department 2,283
of human services that does not accept temporary or permanent 2,284
legal custody of children, that is privately operated in this 2,285
state, and that does one or more of the following: 2,286
(a) Receives and cares for children for two or more 2,288
consecutive weeks; 2,289
(b) Participates in the placement of children in family 2,291
foster homes; 2,292
(c) Provides adoption services in conjunction with a 2,294
public children services agency or private child placing agency. 2,295
(49) "Treatment foster home" means a family foster home 2,297
that incorporates special psychological or medical treatment 2,298
designed to care for the specific needs of the children received 2,299
in the family foster home and that receives and cares for 2,300
children who are emotionally or behaviorally disturbed, medically 2,301
fragile and require special medical treatment due to physical 2,302
ailment or condition, or mentally retarded or developmentally 2,303
disabled. 2,304
(50) "Babysitting care" means care provided for a child 2,306
while the parents, guardian, or legal custodian of the child are 2,307
temporarily away. 2,308
(53) "Mental injury" means any behavioral, cognitive, 2,310
emotional, or mental disorder in a child caused by an act or 2,311
omission that is described in section 2919.22 of the Revised Code 2,312
and is committed by the parent or other person responsible for 2,314
the child's care.
(54) "Physically impaired" means having one or more of the 2,317
54
following conditions that substantially limit one or more of an 2,318
individual's major life activities, including self-care,
receptive and expressive language, learning, mobility, and 2,319
self-direction:
(a) A substantial impairment of vision, speech, or 2,321
hearing;
(b) A congenital orthopedic impairment; 2,323
(c) An orthopedic impairment caused by disease, rheumatic 2,326
fever or any other similar chronic or acute health problem, or 2,327
amputation or another similar cause.
(55) "Secure correctional facility" means a facility under 2,330
the direction of the department of youth services that is
designed to physically restrict the movement and activities of 2,331
children and used for the placement of children after 2,332
adjudication and disposition.
(46) "TEMPORARY CUSTODY" MEANS LEGAL CUSTODY OF A CHILD 2,334
WHO IS REMOVED FROM THE CHILD'S HOME, WHICH CUSTODY MAY BE 2,335
TERMINATED AT ANY TIME AT THE DISCRETION OF THE COURT OR, IF THE 2,337
LEGAL CUSTODY IS GRANTED IN AN AGREEMENT FOR TEMPORARY CUSTODY, 2,338
BY THE PERSON WHO EXECUTED THE AGREEMENT. 2,339
Sec. 2151.10. The juvenile judge shall annually submit a 2,348
written request for an appropriation to the board of county 2,349
commissioners that shall set forth estimated administrative 2,350
expenses of the juvenile court that the judge considers 2,351
reasonably necessary for the operation of the court, including 2,352
reasonably necessary expenses of the judge and such officers and 2,353
employees as he THE JUDGE may designate in attending conferences 2,354
at which juvenile or welfare problems are discussed, and such sum 2,356
each year as will provide for the maintenance and operation of 2,357
the detention home, the care, maintenance, education, and support 2,358
of neglected, abused, dependent, and delinquent children, other 2,359
than children entitled to aid ASSISTANCE under sections 5107.01 2,360
to 5107.16 CHAPTER 5107. of the Revised Code, and for necessary 2,362
orthopedic, surgical, and medical treatment, and special care as 2,363
55
may be ordered by the court for any neglected, abused, dependent, 2,364
or delinquent children. The board shall conduct a public hearing 2,365
with respect to the written request submitted by the judge and 2,366
shall appropriate such sum of money each year as it determines, 2,367
after conducting the public hearing and considering the written 2,368
request of the judge, is reasonably necessary to meet all the 2,369
administrative expenses of the court. All disbursements from 2,370
such appropriations shall be upon specifically itemized vouchers, 2,371
certified to by the judge.
If the judge considers the appropriation made by the board 2,373
pursuant to this section insufficient to meet all the 2,374
administrative expenses of the court, he THE JUDGE shall commence 2,376
an action under Chapter 2731. of the Revised Code in the court of 2,377
appeals for the judicial district for a determination of the duty 2,378
of the board of county commissioners to appropriate the amount of 2,379
money in dispute. The court of appeals shall give priority to the 2,380
action filed by the juvenile judge over all cases pending on its 2,381
docket. The burden shall be on the juvenile judge to prove that 2,382
the appropriation requested is reasonably necessary to meet all 2,383
administrative expenses of the court. If, prior to the filing of 2,384
an action under Chapter 2731. of the Revised Code or during the 2,385
pendency of the action, the judge exercises his THE JUDGE'S 2,386
contempt power in order to obtain the sum of money in dispute, he 2,388
THE JUDGE shall not order the imprisonment of any member of the 2,390
board of county commissioners notwithstanding sections 2705.02 to 2,391
2705.06 of the Revised Code. 2,392
Sec. 2151.31. (A) A child may be taken into custody in 2,401
any of the following ways: 2,402
(1) Pursuant to an order of the court under this chapter; 2,404
(2) Pursuant to the laws of arrest; 2,406
(3) By a law enforcement officer or duly authorized 2,408
officer of the court when any of the following conditions are 2,409
present: 2,410
(a) There are reasonable grounds to believe that the child 2,412
56
is suffering from illness or injury and is not receiving proper 2,413
care, as described in section 2151.03 of the Revised Code, and 2,414
his THE CHILD'S removal is necessary to prevent immediate or 2,415
threatened physical or emotional harm; 2,417
(b) There are reasonable grounds to believe that the child 2,419
is in immediate danger from his THE CHILD'S surroundings and that 2,421
his THE CHILD'S removal is necessary to prevent immediate or 2,422
threatened physical or emotional harm; 2,423
(c) There are reasonable grounds to believe that a parent, 2,425
guardian, custodian, or other household member of the child's 2,426
household has abused or neglected another child in the household 2,427
and to believe that the child is in danger of immediate or 2,428
threatened physical or emotional harm from that person. 2,429
(4) By an enforcement official, as defined in section 2,431
4109.01 of the Revised Code, under the circumstances set forth in 2,432
section 4109.08 of the Revised Code; 2,433
(5) By a law enforcement officer or duly authorized 2,435
officer of the court when there are reasonable grounds to believe 2,436
that the child has run away from his THE CHILD'S parents, 2,437
guardian, or other custodian; 2,439
(6) By a law enforcement officer or duly authorized 2,441
officer of the court when any of the following apply: 2,442
(a) There are reasonable grounds to believe that the 2,444
conduct, conditions, or surroundings of the child are endangering 2,445
the health, welfare, or safety of the child; 2,446
(b) A complaint has been filed with respect to the child 2,448
under section 2151.27 of the Revised Code and there are 2,449
reasonable grounds to believe that the child may abscond or be 2,450
removed from the jurisdiction of the court; 2,451
(c) The child is required to appear in court and there are 2,453
reasonable grounds to believe that the child will not be brought 2,454
before the court when required. 2,455
(B)(1) The taking of a child into custody is not and shall 2,457
not be deemed an arrest except for the purpose of determining its 2,458
57
validity under the constitution of this state or of the United 2,459
States. 2,460
(2) Except as provided in division (C) of section 2151.311 2,462
of the Revised Code, a child taken into custody shall not be held 2,463
in any state correctional institution, county, multicounty, or 2,465
municipal jail or workhouse, or any other place where any adult 2,466
convicted of crime, under arrest, or charged with crime is held. 2,467
(C) A child taken into custody shall not be confined in a 2,469
place of juvenile detention or placed in shelter care prior to 2,470
the implementation of the court's final order of disposition, 2,471
unless his detention or shelter care is required to protect the 2,472
child from immediate or threatened physical or emotional harm, 2,473
because the child may abscond or be removed from the jurisdiction 2,474
of the court, because the child has no parents, guardian, or 2,475
custodian or other person able to provide supervision and care 2,476
for him THE CHILD and return him THE CHILD to the court when 2,478
required, or because an order for placement of the child in 2,479
detention or shelter care has been made by the court pursuant to 2,480
this chapter.
(D) Upon receipt of notice from a person that the person 2,482
intends to take an alleged abused, neglected, or dependent child 2,483
into custody pursuant to division (A)(3) of this section, a 2,484
juvenile judge or a designated referee may grant by telephone an 2,485
ex parte emergency order authorizing the taking of the child into 2,486
custody if there is probable cause to believe that any of the 2,487
conditions set forth in divisions (A)(3)(a) to (c) of this 2,488
section are present. The judge or referee shall journalize any 2,489
ex parte emergency order issued pursuant to this division. If an 2,490
order is issued pursuant to this division and the child is taken 2,491
into custody pursuant to the order, a sworn complaint shall be 2,492
filed with respect to the child before the end of the next 2,493
business day after the day on which the child is taken into 2,494
custody and a hearing shall be held pursuant to division (E) of 2,495
this section and the Juvenile Rules. A juvenile judge or referee 2,496
58
shall not grant an emergency order by telephone pursuant to this 2,497
division until after he THE JUDGE OR REFEREE determines that 2,498
reasonable efforts have been made to notify the parents, 2,500
guardian, or custodian of the child that the child may be placed 2,501
into shelter care and of the reasons for placing the child into 2,502
shelter care, except that, if the requirement for notification 2,503
would jeopardize the physical or emotional safety of the child or 2,504
result in the child being removed from the court's jurisdiction, 2,505
the judge or referee may issue the order for taking the child 2,506
into custody and placing the child into shelter care prior to 2,507
giving notice to the parents, guardian, or custodian of the 2,508
child.
(E) If a judge or referee pursuant to division (D) of this 2,510
section issues an ex parte emergency order for taking a child 2,511
into custody, the court shall hold a hearing to determine whether 2,512
there is probable cause for the emergency order. The hearing 2,513
shall be held before the end of the next business day after the 2,514
day on which the emergency order is issued, except that it shall 2,515
not be held later than seventy-two hours after the emergency 2,516
order is issued. 2,517
If the court determines at the hearing that there is not 2,519
probable cause for the issuance of the emergency order issued 2,520
pursuant to division (D) of this section, it shall order the 2,521
child released to the custody of his THE CHILD'S parents, 2,522
guardian, or custodian. If the court determines at the hearing 2,524
that there is probable cause for the issuance of the emergency 2,525
order issued pursuant to division (D) of this section, the court 2,526
shall do all of the following: 2,527
(1) Ensure that a complaint is filed or has been filed; 2,529
(2) Hold a hearing pursuant to section 2151.314 of the 2,531
Revised Code to determine if the child should remain in shelter 2,532
care; 2,533
(3) At the hearing held pursuant to section 2151.314 of 2,535
the Revised Code, make the determination and issue the written 2,536
59
finding of facts required by section 2151.419 of the Revised 2,537
Code. 2,538
(F) If the court determines at the hearing held pursuant 2,540
to division (E) of this section that there is probable cause to 2,541
believe that the child is an abused child, as defined in division 2,542
(A) of section 2151.031 of the Revised Code, the court may do any 2,543
of the following: 2,544
(1) Upon the motion of any party, the guardian ad litem, 2,546
the prosecuting attorney, or an employee of the PUBLIC children 2,547
services board or the county department of human services 2,549
exercising the children services function AGENCY, or its own 2,550
motion, issue reasonable protective orders with respect to the 2,552
interviewing or deposition of the child; 2,553
(2) Order that the child's testimony be videotaped for 2,555
preservation of the testimony for possible use in any other 2,556
proceedings in the case; 2,557
(3) Set any additional conditions with respect to the 2,559
child or the case involving the child that are in the best 2,560
interest of the child. 2,561
(G) This section is not intended, and shall not be 2,563
construed, to prevent any person from taking a child into 2,564
custody, if taking the child into custody is necessary in an 2,565
emergency to prevent the physical injury, emotional harm, or 2,566
neglect of the child. 2,567
Sec. 2151.421. (A)(1)(a) No attorney, physician, 2,580
including a hospital intern or resident, dentist, podiatrist, 2,581
practitioner of a limited branch of medicine or surgery as 2,582
defined in section 4731.15 of the Revised Code, registered nurse, 2,583
licensed practical nurse, visiting nurse, other health care 2,584
professional, licensed psychologist, licensed school 2,585
psychologist, speech pathologist or audiologist, coroner, 2,586
administrator or employee of a child day-care center, 2,587
administrator or employee of a certified child care agency or 2,588
other public or private children services agency, school teacher, 2,589
60
school employee, school authority, person engaged in social work 2,590
or the practice of professional counseling, or person rendering
spiritual treatment through prayer in accordance with the tenets 2,591
of a well-recognized religion, PERSON LISTED IN DIVISION 2,593
(A)(1)(b) OF THIS SECTION who is acting in an official or 2,594
professional capacity and knows or suspects that a child under 2,595
eighteen years of age or a mentally retarded, developmentally 2,597
disabled, or physically impaired child under twenty-one years of 2,598
age has suffered or faces a threat of suffering any physical or 2,599
mental wound, injury, disability, or condition of a nature that 2,600
reasonably indicates abuse or neglect of the child, shall fail to 2,601
immediately report that knowledge or suspicion to the PUBLIC 2,603
children services board, the county department of human services 2,604
exercising the children services function, AGENCY or a municipal 2,605
or county peace officer in the county in which the child resides 2,606
or in which the abuse or neglect is occurring or has occurred. 2,607
(b) DIVISION (A)(1)(a) OF THIS SECTION APPLIES TO A PERSON 2,610
WHO IS AN ATTORNEY; PHYSICIAN, INCLUDING A HOSPITAL INTERN OR 2,612
RESIDENT; DENTIST; PODIATRIST; PRACTITIONER OF A LIMITED BRANCH 2,613
OF MEDICINE OR SURGERY AS DEFINED IN SECTION 4731.15 OF THE 2,614
REVISED CODE; REGISTERED NURSE; LICENSED PRACTICAL NURSE; 2,615
VISITING NURSE; OTHER HEALTH CARE PROFESSIONAL; LICENSED
PSYCHOLOGIST; LICENSED SCHOOL PSYCHOLOGIST; SPEECH PATHOLOGIST OR 2,616
AUDIOLOGIST; CORONER; ADMINISTRATOR OR EMPLOYEE OF A CHILD 2,617
DAY-CARE CENTER; ADMINISTRATOR OR EMPLOYEE OF A CERTIFIED CHILD 2,618
CARE AGENCY OR OTHER PUBLIC OR PRIVATE CHILDREN SERVICES AGENCY; 2,619
SCHOOL TEACHER; SCHOOL EMPLOYEE; SCHOOL AUTHORITY; PERSON ENGAGED 2,620
IN SOCIAL WORK OR THE PRACTICE OF PROFESSIONAL COUNSELING; OR 2,621
PERSON RENDERING SPIRITUAL TREATMENT THROUGH PRAYER IN ACCORDANCE 2,622
WITH THE TENETS OF A WELL-RECOGNIZED RELIGION. 2,623
(2) An attorney is not required to make a report pursuant 2,625
to division (A)(1) of this section concerning any communication 2,626
the attorney the attorney's a client the attorney receives from a 2,627
client in an attorney-client relationship, if, in accordance with 2,628
61
division (A) of section 2317.02 of the Revised Code, the attorney 2,630
could not testify with respect to that communication in a civil 2,631
or criminal proceeding, except that the client is deemed to have 2,632
waived any testimonial privilege under division (A) of section 2,633
2317.02 of the Revised Code with respect to that communication 2,634
and the attorney shall make a report pursuant to division (A)(1) 2,635
of this section with respect to that communication, if all of the 2,636
following apply:
(a) The client, at the time of the communication, is 2,638
either a child under eighteen years of age or a mentally 2,640
retarded, developmentally disabled, or physically impaired person 2,641
under twenty-one years of age. 2,642
(b) The attorney knows or suspects, as a result of the 2,644
communication or any observations made during that communication, 2,645
that the client has suffered or faces a threat of suffering any 2,646
physical or mental wound, injury, disability, or condition of a 2,647
nature that reasonably indicates abuse or neglect of the client. 2,648
(c) The attorney-client relationship does not arise out of 2,650
the client's attempt to have an abortion without the notification 2,651
of her parents, guardian, or custodian in accordance with section 2,652
2151.85 of the Revised Code. 2,653
(3) A physician is not required to make a report pursuant 2,655
to division (A)(1) of this section concerning any communication 2,656
the physician the physician's the patient the physician receives 2,657
from a patient in a physician-patient relationship, if, in 2,658
accordance with division (B) of section 2317.02 of the Revised 2,660
Code, the physician could not testify with respect to that 2,661
communication in a civil or criminal proceeding, except that the 2,662
patient is deemed to have waived any testimonial privilege under 2,663
division (B) of section 2317.02 of the Revised Code with respect 2,664
to that communication and the physician shall make a report 2,665
pursuant to division (A)(1) of this section with respect to that 2,666
communication, if all of the following apply:
(a) The patient, at the time of the communication, is 2,668
62
either a child under eighteen years of age or a mentally 2,670
retarded, developmentally disabled, or physically impaired person 2,671
under twenty-one years of age. 2,672
(b) The physician knows or suspects, as a result of the 2,674
communication or any observations made during that communication, 2,675
that the patient has suffered or faces a threat of suffering any 2,676
physical or mental wound, injury, disability, or condition of a 2,677
nature that reasonably indicates abuse or neglect of the patient. 2,678
(c) The physician-patient relationship does not arise out 2,680
of the patient's attempt to have an abortion without the 2,681
notification of her parents, guardian, or custodian in accordance 2,682
with section 2151.85 of the Revised Code. 2,683
(B) Anyone, who knows or suspects that a child under 2,685
eighteen years of age or a mentally retarded, developmentally 2,687
disabled, or physically impaired person under twenty-one years of 2,688
age has suffered or faces a threat of suffering any physical or 2,689
mental wound, injury, disability, or other condition of a nature 2,690
that reasonably indicates abuse or neglect of the child, may 2,691
report or cause reports to be made of that knowledge or suspicion 2,692
to the PUBLIC children services board, the county department of 2,694
human services exercising the children services function, AGENCY 2,695
or to a municipal or county peace officer. 2,697
(C) Any report made pursuant to division (A) or (B) of 2,699
this section shall be made forthwith either by telephone or in 2,700
person and shall be followed by a written report, if requested by 2,702
the receiving agency or officer. The written report shall
contain: 2,703
(1) The names and addresses of the child and the child's 2,705
parents or the person or persons having custody of the child, if 2,706
known;
(2) The child's age and the nature and extent of the 2,708
child's known or suspected injuries, abuse, or neglect or of the 2,709
known or suspected threat of injury, abuse, or neglect, including 2,710
any evidence of previous injuries, abuse, or neglect; 2,711
63
(3) Any other information that might be helpful in 2,713
establishing the cause of the known or suspected injury, abuse, 2,714
or neglect or of the known or suspected threat of injury, abuse, 2,715
or neglect. 2,716
Any person, who is required by division (A) of this section 2,718
to report known or suspected child abuse or child neglect, may 2,719
take or cause to be taken color photographs of areas of trauma 2,720
visible on a child and, if medically indicated, cause to be 2,721
performed radiological examinations of the child. 2,722
(D) Upon the receipt of a report concerning the possible 2,724
abuse or neglect of a child or the possible threat of abuse or 2,725
neglect of a child, the municipal or county peace officer who 2,726
receives the report shall refer the report to the appropriate 2,727
county department of human services or PUBLIC children services 2,728
board AGENCY. 2,729
(E) No township, municipal, or county peace officer shall 2,731
remove a child about whom a report is made pursuant to this 2,732
section from the child's parents, stepparents, or guardian or any 2,733
other persons having custody of the child without consultation 2,734
with the PUBLIC children services board or the county department 2,735
of human services exercising the children services function 2,736
AGENCY, unless, in the judgment of the reporting physician and 2,738
the officer, immediate removal is considered essential to protect 2,739
the child from further abuse or neglect. 2,740
(F)(1) The county department of human services or PUBLIC 2,742
children services board AGENCY shall investigate, within 2,744
twenty-four hours, each report of known or suspected child abuse 2,746
or child neglect and of a known or suspected threat of child 2,747
abuse or child neglect that is referred to it under this section 2,748
to determine the circumstances surrounding the injuries, abuse, 2,749
or neglect or the threat of injury, abuse, or neglect, the cause 2,750
of the injuries, abuse, neglect, or threat, and the person or 2,751
persons responsible. The investigation shall be made in 2,752
cooperation with the law enforcement agency and in accordance 2,753
64
with the plan of cooperation for the county adopted under 2,754
division (J) of this section. A failure to make the 2,755
investigation in accordance with the plan of cooperation is not 2,756
grounds for, and shall not result in, the dismissal of any 2,757
charges or complaint arising from the report or the suppression 2,758
of any evidence obtained as a result of the report and does not 2,759
give, and shall not be construed as giving, any rights or any 2,760
grounds for appeal or post-conviction relief to any person. The 2,761
county department of human services or PUBLIC children services 2,763
board AGENCY shall report each case to a central registry which 2,764
the state department of human services shall maintain in order to 2,765
determine whether prior reports have been made in other counties 2,766
concerning the child or other principals in the case. The 2,767
department or board PUBLIC CHILDREN SERVICES AGENCY shall submit 2,768
a report of its investigation, in writing to the law enforcement 2,770
agency.
(2) The county department of human services or PUBLIC 2,772
children services board AGENCY shall make any recommendations to 2,773
the county prosecuting attorney or city director of law that it 2,775
considers necessary to protect any children that are brought to 2,776
its attention. 2,777
(G)(1) Except as provided in division (H)(3) of this 2,779
section, anyone or any hospital, institution, school, health 2,780
department, or agency participating in the making of reports 2,781
under division (A) of this section, anyone or any hospital, 2,782
institution, school, health department, or agency participating 2,783
in good faith in the making of reports under division (B) of this 2,784
section, and anyone participating in good faith in a judicial 2,785
proceeding resulting from the reports, shall be immune from any 2,786
civil or criminal liability for injury, death, or loss to person 2,787
or property that otherwise might be incurred or imposed as a 2,788
result of the making of the reports or the participation in the 2,789
judicial proceeding. Notwithstanding section 4731.22 of the 2,790
Revised Code, the physician-patient privilege shall not be a 2,791
65
ground for excluding evidence regarding a child's injuries, 2,792
abuse, or neglect, or the cause of the injuries, abuse, or 2,793
neglect in any judicial proceeding resulting from a report 2,794
submitted pursuant to this section. 2,795
(2) In any civil or criminal action or proceeding in which 2,797
it is alleged and proved that participation in the making of a 2,798
report under this section was not in good faith or participation 2,799
in a judicial proceeding resulting from a report made under this 2,800
section was not in good faith, the court shall award the 2,801
prevailing party reasonable attorney's fees and costs and, if a 2,802
civil action or proceeding is voluntarily dismissed, may award 2,803
reasonable attorney's fees and costs to the party against whom 2,804
the civil action or proceeding is brought. 2,805
(H)(1) Except as provided in division (H)(4) of this 2,807
section, a report made under this section is confidential. The 2,809
information provided in a report made pursuant to this section 2,810
and the name of the person who made the report shall not be 2,811
released for use, and shall not be used, as evidence in any civil 2,812
action or proceeding brought against the person who made the 2,813
report. In a criminal proceeding, the report is admissible in 2,814
evidence in accordance with the Rules of Evidence and is subject 2,815
to discovery in accordance with the Rules of Criminal Procedure. 2,816
(2) No person shall permit or encourage the unauthorized 2,818
dissemination of the contents of any report made under this 2,819
section. 2,820
(3) A person who knowingly makes or causes another person 2,822
to make a false report under division (B) of this section that 2,823
alleges that any person has committed an act or omission that 2,824
resulted in a child being an abused child or a neglected child is 2,825
guilty of a violation of section 2921.14 of the Revised Code. 2,826
(4) A public children services agency shall advise a 2,829
person alleged to have inflicted abuse or neglect on a child who 2,830
is the subject of a report made pursuant to this section of the
disposition of the investigation. The agency shall not provide 2,831
66
to the person a statement of the allegations, statements of 2,832
witnesses, or police or other investigative reports. 2,833
(I) Any report that is required by this section shall 2,835
result in protective services and emergency supportive services 2,836
being made available by the county department of human services 2,837
or PUBLIC children services board AGENCY on behalf of the 2,839
children about whom the report is made, in an effort to prevent 2,840
further neglect or abuse, to enhance their welfare, and, whenever 2,841
possible, to preserve the family unit intact. 2,842
(J) There shall be placed on file with the juvenile court 2,844
in each county and the department of human services an initial 2,845
plan of cooperation jointly prepared and subscribed to by a 2,846
committee consisting of the presiding judge of the court of 2,847
common pleas of the county or a the presiding judge's 2,848
representative; if there is only one juvenile judge in the 2,850
county, the juvenile judge of the county or a the juvenile 2,851
judge's representative; if there is more than one juvenile judge 2,853
in the county, a juvenile judge or a the judge's JUVENILE JUDGES' 2,854
representative selected by the juvenile judges or, if they are 2,855
unable to do so for any reason, the juvenile judge who is senior 2,856
in point of service or a the senior juvenile judge's 2,857
representative; the county peace officer; all chief municipal 2,859
peace officers within the county; all chief township peace 2,860
officers within the county; the prosecuting attorney of the 2,861
county; the director of law of each city within the county; the 2,862
village solicitor of each village within the county; and the 2,863
PUBLIC children services board or county department of human 2,865
services exercising the children services function AGENCY as
convened by the county director of human services. The plan 2,866
shall set forth the normal operating procedure to be employed by 2,867
all concerned officials in the execution of their respective 2,868
responsibilities under this section and division (C) of section 2,869
2919.21, division (B)(1) of section 2919.22, division (B) of 2,870
section 2919.23, and section 2919.24 of the Revised Code and 2,871
67
shall have as two of its primary goals the elimination of all 2,872
unnecessary interviews of children who are the subject of reports 2,873
made pursuant to division (A) or (B) of this section and, when 2,874
feasible, providing for only one interview of a child who is the 2,875
subject of any report made pursuant to division (A) or (B) of 2,876
this section. A failure to follow the procedure set forth in the 2,877
plan in the execution of those responsibilities by the concerned 2,878
officials is not grounds for, and shall not result in, the 2,879
dismissal of any charges or complaint arising from any reported 2,880
case of abuse or neglect or the suppression of any evidence 2,881
obtained as a result of any reported child abuse or child neglect 2,882
and does not give, and shall not be construed as giving, any 2,883
rights or any grounds for appeal or post-conviction relief to any 2,884
person. The plan shall include all of the following: 2,885
(1) A system for cross-referral of reported cases of abuse 2,887
and neglect as necessary; 2,888
(2) Standards and procedures to be used in handling and 2,890
coordinating investigations of reported cases of child abuse and 2,891
reported cases of child neglect, methods to be used in 2,892
interviewing the child who is the subject of the report and who 2,893
allegedly was abused or neglected, standards and procedures 2,894
addressing the categories of persons who may interview the child 2,895
who is the subject of the report and who allegedly was abused or 2,896
neglected, standards and procedures governing the making of a 2,897
videotape of any interview if an interview is videotaped, a 2,898
system for sharing the information obtained as a result of any 2,899
interview and any videotape made of it, and a system for reducing 2,900
the number of times that the child who is the subject of the 2,901
report and who allegedly was abused or neglected is interviewed; 2,902
(3) Any other standards, procedures, or systems that the 2,904
committee believes may minimize damage and trauma to the child 2,905
who is the subject of a reported case of child abuse or child 2,906
neglect; 2,907
(4) The name and title of the official directly 2,909
68
responsible for making reports to the central registry. 2,910
(K)(1) the person of receiving A person who is required to 2,912
make a report pursuant to division (A) of this section the person 2,913
making the report the person's the person of making the person's 2,914
the person making the report may make a reasonable number of 2,916
requests of the county department of human services or PUBLIC 2,917
children services board AGENCY that receives or is referred the 2,919
report to the person making the report be provided with the 2,920
following information:
(a) Whether the department or board AGENCY has initiated 2,922
an investigation of the report; 2,923
(b) Whether the department or board AGENCY is continuing 2,925
to investigate the report; 2,926
(c) Whether the department or board AGENCY is otherwise 2,928
involved with the child who is the subject of the report; 2,930
(d) The general status of the health and safety of the 2,932
child who is the subject of the report; 2,933
(e) Whether the report has resulted in the filing of a 2,935
complaint in juvenile court or of criminal charges in another 2,936
court. 2,937
(2) A person may request the information specified in 2,939
division (K)(1) of this section only if, at the time the report 2,940
is made, the person's name, address, and telephone number are 2,941
provided to the person who receives the report.
When a municipal or county peace officer or employee of a 2,943
county department of human services or PUBLIC children services 2,944
board AGENCY receives a report pursuant to division (A) or (B) of 2,947
this section the recipient of the report shall inform the person
of the right to request the information described in division 2,949
(K)(1) of this section. The recipient of the report shall 2,950
include in the initial child abuse or child neglect report that 2,951
the person making the report was so informed and, if provided at 2,952
the time of the making of the report, shall include the person's 2,953
name, address, and telephone number in the report.
69
the person's the person of making the person 2,955
Each request is subject to verification of the identity the 2,957
that person's the person of making of the person making the 2,958
report. If that person's identity is verified, the department or 2,959
board shall provide the person with the information described in 2,960
division (K)(1) of this section a reasonable number of times, 2,961
except that the department or board AGENCY shall not disclose any 2,962
confidential information regarding the child who is the subject 2,963
of the report other than the information described in those 2,964
divisions.
(3) A request made pursuant to division (K)(1) of this 2,966
section is not a substitute for any report required to be made 2,967
pursuant to division (A) of this section. 2,968
(L) The department of human services shall exercise 2,970
rule-making authority under Chapter 119. of the Revised Code to 2,971
aid in the implementation of this section. The department may 2,973
enter into a plan of cooperation with any other governmental 2,975
entity to aid in ensuring that children are protected from abuse 2,976
and neglect. The department shall make recommendations to the 2,977
attorney general that the department determines are necessary to 2,978
protect children from child abuse and child neglect. 2,979
(M) No later than the end of the day following the day on 2,982
which a PUBLIC children services board or county department of 2,984
human services exercising the children services function AGENCY 2,985
receives a report of alleged child abuse or child neglect, or a 2,986
report of an alleged threat of child abuse or child neglect, that 2,987
allegedly occurred in or involved an out-of-home care entity, the 2,988
board or department AGENCY shall provide written notice of the 2,990
allegations contained in and the person named as the alleged
perpetrator in the report to the administrator, director, or 2,991
other chief administrative officer of the out-of-home care entity 2,992
that is the subject of the report unless the administrator, 2,993
director, or other chief administrative officer is named as an 2,994
alleged perpetrator in the report. If the administrator, 2,995
70
director, or other chief administrative officer of an out-of-home 2,996
care entity is named as an alleged perpetrator in a report of 2,997
alleged child abuse or child neglect, or a report of an alleged 2,998
threat of child abuse or child neglect, that allegedly occurred 2,999
in or involved the out-of-home care entity, the board or 3,000
department AGENCY shall provide the written notice to the owner 3,002
or governing board of the out-of-home care entity that is the 3,003
subject of the report. The board or department AGENCY shall not 3,004
provide witness statements or police or other investigative 3,005
reports.
(N) No later than three days after the day on which a 3,008
PUBLIC children services board or county department of human
services exercising the children services function AGENCY makes a 3,009
disposition of an investigation involving a report of alleged 3,010
child abuse or child neglect, or a report of an alleged threat of 3,011
child abuse or child neglect, that allegedly occurred in or 3,012
involved an out-of-home care entity, the board or department 3,013
AGENCY shall provide written notice of the disposition of the 3,015
investigation to the administrator, director, or other chief 3,016
administrative officer and the owner or governing board of the 3,017
out-of-home care entity. The board or department AGENCY shall 3,018
not provide witness statements or police or other investigative 3,020
reports.
Sec. 2301.03. (A) In Franklin county, the judges of the 3,030
court of common pleas whose terms begin on January 1, 1953, 3,031
January 2, 1953, January 5, 1969, January 5, 1977, and January 2, 3,032
1997, and successors, shall have the same qualifications, 3,033
exercise the same powers and jurisdiction, and receive the same 3,034
compensation as other judges of the court of common pleas of 3,035
Franklin county and shall be elected and designated as judges of 3,036
the court of common pleas, division of domestic relations. They 3,037
shall have all the powers relating to juvenile courts, and all 3,038
cases under Chapter 2151. of the Revised Code, all parentage 3,039
proceedings under Chapter 3111. of the Revised Code over which 3,040
71
the juvenile court has jurisdiction, and all divorce, dissolution 3,041
of marriage, legal separation, and annulment cases shall be 3,042
assigned to them. In addition to the judge's regular duties, the 3,043
judge who is senior in point of service shall serve on the 3,045
children services board and the county advisory board and shall 3,046
be the administrator of the domestic relations division and its 3,047
subdivisions and departments.
(B)(1) In Hamilton county, the judge of the court of 3,049
common pleas, whose term begins on January 1, 1957, and 3,050
successors, and the judge of the court of common pleas, whose 3,051
term begins on February 14, 1967, and successors, shall be the 3,052
juvenile judges as provided in Chapter 2151. of the Revised Code, 3,053
with the powers and jurisdiction conferred by that chapter. 3,054
(2) The judges of the court of common pleas whose terms 3,056
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and 3,057
successors, shall be elected and designated as judges of the 3,058
court of common pleas, division of domestic relations, and shall 3,059
have assigned to them all divorce, dissolution of marriage, legal 3,060
separation, and annulment cases coming before the court. On or 3,061
after the first day of July and before the first day of August of 3,062
1991 and each year thereafter, a majority of the judges of the 3,063
division of domestic relations shall elect one of the judges of 3,064
the division as administrative judge of that division. If a 3,065
majority of the judges of the division of domestic relations are 3,066
unable for any reason to elect an administrative judge for the 3,068
division before the first day of August, a majority of the judges 3,069
of the Hamilton county court of common pleas, as soon as possible 3,070
after that date, shall elect one of the judges of the division of 3,071
domestic relations as administrative judge of that division. The 3,072
term of the administrative judge shall begin on the earlier of 3,073
the first day of August of the year in which the administrative 3,074
judge is elected or the date on which the administrative judge is 3,076
elected by a majority of the judges of the Hamilton county court 3,079
of common pleas and shall terminate on the date on which the 3,080
72
administrative judge's successor is elected in the following 3,081
year. 3,082
In addition to the judge's regular duties, the 3,084
administrative judge of the division of domestic relations shall 3,086
be the administrator of the domestic relations division and its 3,087
subdivisions and departments and shall have charge of the 3,088
employment, assignment, and supervision of the personnel of the 3,089
division engaged in handling, servicing, or investigating 3,090
divorce, dissolution of marriage, legal separation, and annulment 3,091
cases, including any referees considered necessary by the judges 3,092
in the discharge of their various duties. 3,093
The administrative judge of the division of domestic 3,095
relations also shall designate the title, compensation, expense 3,096
allowances, hours, leaves of absence, and vacations of the 3,097
personnel of the division, and shall fix the duties of its 3,098
personnel. The duties of the personnel, in addition to those 3,099
provided for in other sections of the Revised Code, shall include 3,100
the handling, servicing, and investigation of divorce, 3,101
dissolution of marriage, legal separation, and annulment cases 3,102
and counseling and conciliation services that may be made 3,103
available to persons requesting them, whether or not the persons 3,104
are parties to an action pending in the division. 3,105
The board of county commissioners shall appropriate the sum 3,107
of money each year as will meet all the administrative expenses 3,108
of the division of domestic relations, including reasonable 3,109
expenses of the domestic relations judges and the division 3,110
counselors and other employees designated to conduct the 3,111
handling, servicing, and investigation of divorce, dissolution of 3,112
marriage, legal separation, and annulment cases, conciliation and 3,113
counseling, and all matters relating to those cases and 3,114
counseling, and the expenses involved in the attendance of 3,115
division personnel at domestic relations and welfare conferences 3,116
designated by the division, and the further sum each year as will 3,117
provide for the adequate operation of the division of domestic 3,118
73
relations. 3,119
The compensation and expenses of all employees and the 3,121
salary and expenses of the judges shall be paid by the county 3,122
treasurer from the money appropriated for the operation of the 3,123
division, upon the warrant of the county auditor, certified to by 3,124
the administrative judge of the division of domestic relations. 3,125
The summonses, warrants, citations, subpoenas, and other 3,127
writs of the division may issue to a bailiff, constable, or staff 3,128
investigator of the division or to the sheriff of any county or 3,129
any marshal, constable, or police officer, and the provisions of 3,130
law relating to the subpoenaing of witnesses in other cases shall 3,131
apply insofar as they are applicable. When a summons, warrant, 3,132
citation, subpoena, or other writ is issued to an officer, other 3,133
than a bailiff, constable, or staff investigator of the division, 3,134
the expense of serving it shall be assessed as a part of the 3,135
costs in the case involved. 3,136
(3) The judge of the court of common pleas of Hamilton 3,139
County whose term begins on January 3, 1997, shall be elected and 3,140
designated for one term only as the drug court judge of the court 3,141
of common pleas of Hamilton County, and the successors to that 3,143
judge shall be elected and designated as judges of the general 3,144
division of the court of common pleas of Hamilton county and 3,145
shall not have the authority granted by division (B)(3) of this 3,146
section. The drug court judge may accept or reject any case 3,147
referred to the drug court judge under division (B)(3) of this 3,148
section. After the drug court judge accepts a referred case, the 3,149
drug court judge has full authority over the case, including the 3,150
authority to conduct arraignment, accept pleas, enter findings 3,151
and dispositions, conduct trials, order treatment, and if 3,152
treatment is not successfully completed pronounce and enter 3,153
sentence.
A judge of the general division of the court of common 3,155
pleas of Hamilton County and a judge of the Hamilton County 3,157
municipal court may refer to the drug court judge any case, and 3,158
74
any companion cases, the judge determines meet the criteria 3,159
described under divisions (B)(3)(a) and (b) of this section. If 3,161
the drug court judge accepts referral of a referred case, the 3,162
case, and any companion cases, shall be transferred to the drug 3,164
court judge. A judge may refer a case meeting the criteria
described in divisions (B)(3)(a) and (b) of this section that 3,166
involves a violation of a term of probation to the drug court 3,167
judge, and, if the drug court judge accepts the referral, the 3,169
referring judge and the drug court judge have concurrent 3,170
jurisdiction over the case.
A judge of the general division of the court of common 3,172
pleas of Hamilton County and a judge of the Hamilton County 3,173
municipal court may refer a case to the drug court judge under 3,174
division (B)(3) of this section if the judge determines that both 3,175
of the following apply:
(a) One of the following applies: 3,177
(i) The case involves a drug abuse offense, as defined in 3,179
section 2925.01 of the Revised Code, that is a felony of the 3,181
third or fourth degree if the offense is committed prior to July 3,182
1, 1996, a felony of the third, fourth, or fifth degree if the 3,183
offense is committed on or after July 1, 1996, or a misdemeanor. 3,184
(ii) The case involves a theft offense, as defined in 3,186
section 2913.01 of the Revised Code, that is a felony of the 3,188
third or fourth degree if the offense is committed prior to July 3,189
1, 1996, a felony of the third, fourth, or fifth degree if the 3,190
offense is committed on or after July 1, 1996, or a misdemeanor, 3,191
and the defendant is drug or alcohol dependent or in danger of 3,192
becoming drug or alcohol dependent and would benefit from 3,193
treatment.
(b) All of the following apply: 3,195
(i) The case involves a probationable offense or a case in 3,197
which a mandatory prison term is not required to be imposed. 3,198
(ii) The defendant has no history of violent behavior. 3,200
(iii) The defendant has no history of mental illness. 3,202
75
(iv) The defendant's current or past behavior, or both, is 3,204
drug or alcohol driven. 3,205
(v) The defendant demonstrates a sincere willingness to 3,207
participate in a fifteen-month treatment process. 3,208
(vi) The defendant has no acute health condition. 3,210
(vii) If the defendant is incarcerated, the county 3,212
prosecutor approves of the referral. 3,213
(4) If the administrative judge of the court of common 3,215
pleas of Hamilton county determines that the volume of cases 3,216
pending before the drug court judge does not constitute a 3,217
sufficient caseload for the drug court judge, the administrative 3,218
judge, in accordance with the Rules of Superintendance 3,219
SUPERINTENDENCE for Courts of Common Pleas, shall assign 3,220
individual cases to the drug court judge from the general docket 3,221
of the court. If the assignments so occur, the administrative
judge shall cease the assignments when the administrative judge 3,222
determines that the volume of cases pending before the drug court 3,223
judge constitutes a sufficient caseload for the drug court judge. 3,224
(C) In Lorain county, the judges of the court of common 3,226
pleas whose terms begin on January 3, 1959, and January 4, 1989, 3,227
and successors, shall have the same qualifications, exercise the 3,228
same powers and jurisdiction, and receive the same compensation 3,229
as the other judges of the court of common pleas of Lorain county 3,230
and shall be elected and designated as the judges of the court of 3,231
common pleas, division of domestic relations. They shall have 3,232
all of the powers relating to juvenile courts, and all cases 3,233
under Chapter 2151. of the Revised Code, all parentage 3,234
proceedings over which the juvenile court has jurisdiction, and 3,235
all divorce, dissolution of marriage, legal separation, and 3,236
annulment cases shall be assigned to them, except in any cases 3,237
that for some special reason are assigned to some other judge of 3,238
the court of common pleas. 3,239
(D)(1) In Lucas county, the judges of the court of common 3,241
pleas whose terms begin on January 1, 1955, and January 3, 1965, 3,242
76
and successors, shall have the same qualifications, exercise the 3,243
same powers and jurisdiction, and receive the same compensation 3,244
as other judges of the court of common pleas of Lucas county and 3,245
shall be elected and designated as judges of the court of common 3,246
pleas, division of domestic relations. All divorce, dissolution 3,247
of marriage, legal separation, and annulment cases shall be 3,248
assigned to them. 3,249
The judge of the division of domestic relations, senior in 3,251
point of service, shall be considered as the presiding judge of 3,252
the court of common pleas, division of domestic relations, and 3,253
shall be charged exclusively with the assignment and division of 3,254
the work of the division and the employment and supervision of 3,255
all other personnel of the domestic relations division. 3,256
(2) The judges of the court of common pleas whose terms 3,258
begin on January 5, 1977, and January 2, 1991, and successors 3,259
shall have the same qualifications, exercise the same powers and 3,260
jurisdiction, and receive the same compensation as other judges 3,261
of the court of common pleas of Lucas county, shall be elected 3,262
and designated as judges of the court of common pleas, juvenile 3,263
division, and shall be the juvenile judges as provided in Chapter 3,264
2151. of the Revised Code with the powers and jurisdictions 3,265
conferred by that chapter. In addition to the judge's regular 3,267
duties, the judge of the court of common pleas, juvenile 3,268
division, senior in point of service, shall be the administrator 3,269
of the juvenile division and its subdivisions and departments and 3,270
shall have charge of the employment, assignment, and supervision 3,271
of the personnel of the division engaged in handling, servicing, 3,272
or investigating juvenile cases, including any referees 3,273
considered necessary by the judges of the division in the 3,274
discharge of their various duties. 3,275
The judge of the court of common pleas, juvenile division, 3,277
senior in point of service, also shall designate the title, 3,278
compensation, expense allowance, hours, leaves of absence, and 3,279
vacation of the personnel of the division and shall fix the 3,280
77
duties of the personnel of the division. The duties of the 3,281
personnel, in addition to other statutory duties include the 3,282
handling, servicing, and investigation of juvenile cases and 3,283
counseling and conciliation services that may be made available 3,284
to persons requesting them, whether or not the persons are 3,285
parties to an action pending in the division. 3,286
(3) If one of the judges of the court of common pleas, 3,288
division of domestic relations, or one of the judges of the 3,289
juvenile division is sick, absent, or unable to perform that the 3,290
judge's judicial duties or the volume of cases pending in that 3,292
judge's division necessitates it, the duties shall be performed 3,293
by the judges of the other of those divisions. 3,295
(E)(1) In Mahoning county, the judge of the court of 3,297
common pleas whose term began on January 1, 1955, and successors, 3,298
shall have the same qualifications, exercise the same powers and 3,299
jurisdiction, and receive the same compensation as other judges 3,300
of the court of common pleas of Mahoning county, shall be elected 3,301
and designated as judge of the court of common pleas, division of 3,302
domestic relations, and shall be assigned all the divorce, 3,305
dissolution of marriage, legal separation, and annulment cases 3,306
coming before the court. In addition to the judge's regular 3,307
duties, the judge of the court of common pleas, division of
domestic relations, shall be the administrator of the domestic 3,308
relations division and its subdivisions and departments and shall 3,309
have charge of the employment, assignment, and supervision of the 3,310
personnel of the division engaged in handling, servicing, or 3,311
investigating divorce, dissolution of marriage, legal separation, 3,312
and annulment cases, including any referees considered necessary 3,313
in the discharge of the various duties of the judge's office. 3,315
The judge also shall designate the title, compensation, 3,317
expense allowances, hours, leaves of absence, and vacations of 3,318
the personnel of the division and shall fix the duties of the 3,319
personnel of the division. The duties of the personnel, in 3,320
addition to other statutory duties, include the handling, 3,321
78
servicing, and investigation of divorce, dissolution of marriage, 3,322
legal separation, and annulment cases and counseling and 3,323
conciliation services that may be made available to persons 3,324
requesting them, whether or not the persons are parties to an 3,325
action pending in the division. 3,326
(2) The judge of the court of common pleas whose term 3,328
began on January 2, 1969, and successors, shall have the same 3,329
qualifications, exercise the same powers and jurisdiction, and 3,330
receive the same compensation as other judges of the court of 3,331
common pleas of Mahoning county, shall be elected and designated 3,332
as judge of court of common pleas, juvenile division, and shall 3,333
be the juvenile judge as provided in Chapter 2151. of the Revised 3,334
Code, with the powers and jurisdictions conferred by that 3,335
chapter. In addition to the judge's regular duties, the judge of 3,337
the court of common pleas, juvenile division, shall be the 3,338
administrator of the juvenile division and its subdivisions and 3,339
departments and shall have charge of the employment, assignment, 3,340
and supervision of the personnel of the division engaged in 3,341
handling, servicing, or investigating juvenile cases, including 3,342
any referees considered necessary by the judge in the discharge 3,343
of the judge's various duties. 3,344
The judge also shall designate the title, compensation, 3,346
expense allowances, hours, leaves of absence, and vacation of the 3,347
personnel of the division and shall fix the duties of the 3,348
personnel of the division. The duties of the personnel, in 3,349
addition to other statutory duties, include the handling, 3,350
servicing, and investigation of juvenile cases and counseling and 3,351
conciliation services that may be made available to persons 3,352
requesting them, whether or not the persons are parties to an 3,353
action pending in the division. 3,354
(3) If a judge of the court of common pleas, division of 3,356
domestic relations or juvenile division, is sick, absent, or 3,357
unable to perform that judge's judicial duties, or the volume of 3,359
cases pending in that judge's division necessitates it, that the 3,361
79
judge's duties shall be performed by another judge of the court 3,362
of common pleas.
(F)(1) In Montgomery county, the judges of the court of 3,364
common pleas whose terms begin on January 2, 1953, and January 4, 3,365
1977, and successors, shall have the same qualifications, 3,366
exercise the same powers and jurisdiction, and receive the same 3,367
compensation as other judges of the court of common pleas of 3,368
Montgomery county and shall be elected and designated as judges 3,369
of the court of common pleas, division of domestic relations. 3,370
These judges shall have assigned to them all divorce, dissolution 3,371
of marriage, legal separation, and annulment cases. 3,372
The judge of the division of domestic relations, senior in 3,374
point of service, shall be charged exclusively with the 3,375
assignment and division of the work of the division and shall 3,376
have charge of the employment and supervision of the personnel of 3,377
the division engaged in handling, servicing, or investigating 3,378
divorce, dissolution of marriage, legal separation, and annulment 3,379
cases, including any necessary referees, except those employees 3,380
who may be appointed by the judge, junior in point of service, 3,381
under this section and sections 2301.12, 2301.18, and 2301.19 of 3,382
the Revised Code. The judge of the division of domestic 3,383
relations, senior in point of service, also shall designate the 3,384
title, compensation, expense allowances, hours, leaves of 3,385
absence, and vacation of the personnel of the division and shall 3,386
fix their duties. 3,387
(2) The judges of the court of common pleas whose terms 3,389
begin on January 1, 1953, and January 1, 1993, and successors, 3,390
shall have the same qualifications, exercise the same powers and 3,391
jurisdiction, and receive the same compensation as other judges 3,392
of the court of common pleas of Montgomery county, shall be 3,393
elected and designated as judges of the court of common pleas, 3,394
juvenile division, and shall be, and have the powers and 3,395
jurisdiction of, the juvenile judge as provided in Chapter 2151. 3,396
of the Revised Code. 3,397
80
In addition to the judge's regular duties, the judge of the 3,399
court of common pleas, juvenile division, senior in point of 3,401
service, shall be the administrator of the juvenile division and 3,402
its subdivisions and departments and shall have charge of the 3,403
employment, assignment, and supervision of the personnel of the 3,404
juvenile division, including any necessary referees, who are 3,405
engaged in handling, servicing, or investigating juvenile cases. 3,406
The judge, senior in point of service, also shall designate the 3,407
title, compensation, expense allowances, hours, leaves of 3,408
absence, and vacation of the personnel of the division and shall 3,409
fix their duties. The duties of the personnel, in addition to 3,410
other statutory duties, shall include the handling, servicing, 3,411
and investigation of juvenile cases and of any counseling and 3,412
conciliation services that are available upon request to persons, 3,413
whether or not they are parties to an action pending in the 3,414
division. 3,415
If one of the judges of the court of common pleas, division 3,417
of domestic relations, or one of the judges of the court of 3,418
common pleas, juvenile division, is sick, absent, or unable to 3,419
perform that the judge's duties or the volume of cases pending in 3,421
that judge's division necessitates it, the duties of that judge 3,423
may be performed by the judge or judges of the other of those 3,424
divisions.
(G) In Richland county, the judge of the court of common 3,426
pleas whose term begins on January 1, 1957, and successors, shall 3,427
have the same qualifications, exercise the same powers and 3,428
jurisdiction, and receive the same compensation as the other 3,429
judges of the court of common pleas of Richland county and shall 3,430
be elected and designated as judge of the court of common pleas, 3,431
division of domestic relations. That judge shall have all of the 3,433
powers relating to juvenile courts, and all cases under Chapter 3,434
2151. of the Revised Code, all parentage proceedings over which 3,435
the juvenile court has jurisdiction, and all divorce, dissolution 3,436
of marriage, legal separation, and annulment cases shall be 3,437
81
assigned to that judge, except in cases that for some special 3,438
reason are assigned to some other judge of the court of common 3,440
pleas.
(H) In Stark county, the judges of the court of common 3,442
pleas whose terms begin on January 1, 1953, January 2, 1959, and 3,443
January 1, 1993, and successors, shall have the same 3,444
qualifications, exercise the same powers and jurisdiction, and 3,445
receive the same compensation as other judges of the court of 3,446
common pleas of Stark county and shall be elected and designated 3,447
as judges of the court of common pleas, division of domestic 3,448
relations. They shall have all the powers relating to juvenile 3,449
courts, and all cases under Chapter 2151. of the Revised Code, 3,450
all parentage proceedings over which the juvenile court has 3,451
jurisdiction, and all divorce, dissolution of marriage, legal 3,452
separation, and annulment cases, except cases that are assigned 3,453
to some other judge of the court of common pleas for some special 3,454
reason, shall be assigned to the judges. 3,455
The judge of the division of domestic relations, second 3,457
most senior in point of service, shall have charge of the 3,458
employment and supervision of the personnel of the division 3,459
engaged in handling, servicing, or investigating divorce, 3,460
dissolution of marriage, legal separation, and annulment cases, 3,461
and necessary referees required for his THE JUDGE'S respective 3,462
court. 3,463
The judge of the division of domestic relations, senior in 3,465
point of service, shall be charged exclusively with the 3,466
administration of sections 2151.13, 2151.16, 2151.17, and 2151.18 3,467
of the Revised Code and with the assignment and division of the 3,468
work of the division and the employment and supervision of all 3,469
other personnel of the division, including, but not limited to, 3,470
that judge's necessary referees, but excepting those employees 3,472
who may be appointed by the judge second most senior in point of 3,473
service. The senior judge further shall serve as administrator 3,474
of the bureau of aid to dependent children and shall serve in 3,475
82
every other position in which the statutes permit or require a 3,476
juvenile judge to serve. 3,477
(I) In Summit county: 3,479
(1) The judges of the court of common pleas whose terms 3,481
begin on January 4, 1967, and January 6, 1993, and successors, 3,482
shall have the same qualifications, exercise the same powers and 3,483
jurisdiction, and receive the same compensation as other judges 3,484
of the court of common pleas of Summit county and shall be 3,485
elected and designated as judges of the court of common pleas, 3,486
division of domestic relations. The judges of the division of 3,487
domestic relations shall have assigned to them and hear all 3,488
divorce, dissolution of marriage, legal separation, and annulment 3,489
cases that come before the court. 3,490
The judge of the division of domestic relations, senior in 3,492
point of service, shall be the administrator of the domestic 3,493
relations division and its subdivisions and departments and shall 3,494
have charge of the employment, assignment, and supervision of the 3,495
personnel of the division, including any necessary referees, who 3,496
are engaged in handling, servicing, or investigating divorce, 3,497
dissolution of marriage, legal separation, and annulment cases. 3,498
That judge also shall designate the title, compensation, expense 3,499
allowances, hours, leaves of absence, and vacations of the 3,500
personnel of the division and shall fix their duties. The duties 3,501
of the personnel, in addition to other statutory duties, shall 3,502
include the handling, servicing, and investigation of divorce, 3,503
dissolution of marriage, legal separation, and annulment cases 3,504
and of any counseling and conciliation services that are 3,505
available upon request to all persons, whether or not they are 3,506
parties to an action pending in the division. 3,507
(2) The judge of the court of common pleas whose term 3,509
begins on January 1, 1955, and successors, shall have the same 3,510
qualifications, exercise the same powers and jurisdiction, and 3,511
receive the same compensation as other judges of the court of 3,512
common pleas of Summit county, shall be elected and designated as 3,513
83
judge of the court of common pleas, juvenile division, and shall 3,514
be, and have the powers and jurisdiction of, the juvenile judge 3,515
as provided in Chapter 2151. of the Revised Code. 3,516
The juvenile judge shall be the administrator of the 3,518
juvenile division and its subdivisions and departments and shall 3,519
have charge of the employment, assignment, and supervision of the 3,520
personnel of the juvenile division, including any necessary 3,521
referees, who are engaged in handling, servicing, or 3,522
investigating juvenile cases. The judge also shall designate the 3,523
title, compensation, expense allowances, hours, leaves of 3,524
absence, and vacation of the personnel of the division and shall 3,525
fix their duties. The duties of the personnel, in addition to 3,526
other statutory duties, shall include the handling, servicing, 3,527
and investigation of juvenile cases and of any counseling and 3,528
conciliation services that are available upon request to persons, 3,529
whether or not they are parties to an action pending in the 3,530
division. 3,531
(J) In Trumbull county, the judges of the court of common 3,533
pleas whose terms begin on January 1, 1953, and January 2, 1977, 3,534
and successors, shall have the same qualifications, exercise the 3,535
same powers and jurisdiction, and receive the same compensation 3,536
as other judges of the court of common pleas of Trumbull county 3,537
and shall be elected and designated as judges of the court of 3,538
common pleas, division of domestic relations. They shall have 3,539
all the powers relating to juvenile courts, and all cases under 3,540
Chapter 2151. of the Revised Code, all parentage proceedings over 3,541
which the juvenile court has jurisdiction, and all divorce, 3,542
dissolution of marriage, legal separation, and annulment cases 3,543
shall be assigned to them, except cases that for some special 3,544
reason are assigned to some other judge of the court of common 3,545
pleas. 3,546
(K) In Butler county: 3,548
(1) The judges of the court of common pleas whose terms 3,550
begin on January 1, 1957, and January 4, 1993, and successors, 3,551
84
shall have the same qualifications, exercise the same powers and 3,552
jurisdiction, and receive the same compensation as other judges 3,553
of the court of common pleas of Butler county and shall be 3,554
elected and designated as judges of the court of common pleas, 3,555
division of domestic relations. The judges of the division of 3,556
domestic relations shall have assigned to them all divorce, 3,557
dissolution of marriage, legal separation, and annulment cases 3,558
coming before the court, except in cases that for some special 3,559
reason are assigned to some other judge of the court of common 3,560
pleas. The judge senior in point of service shall be charged 3,561
with the assignment and division of the work of the division and 3,562
with the employment and supervision of all other personnel of the 3,563
domestic relations division. 3,564
The judge senior in point of service also shall designate 3,566
the title, compensation, expense allowances, hours, leaves of 3,567
absence, and vacations of the personnel of the division and shall 3,568
fix their duties. The duties of the personnel, in addition to 3,569
other statutory duties, shall include the handling, servicing, 3,570
and investigation of divorce, dissolution of marriage, legal 3,571
separation, and annulment cases and providing any counseling and 3,572
conciliation services that the division makes available to 3,573
persons, whether or not the persons are parties to an action 3,574
pending in the division, who request the services. 3,575
(2) The judge of the court of common pleas whose term 3,577
begins on January 3, 1987, and successors, shall have the same 3,578
qualifications, exercise the same powers and jurisdiction, and 3,579
receive the same compensation as other judges of the court of 3,580
common pleas of Butler county, shall be elected and designated as 3,581
judge of the court of common pleas, juvenile division, and shall 3,582
be the juvenile judge as provided in Chapter 2151. of the Revised 3,583
Code, with the powers and jurisdictions conferred by that 3,584
chapter. The judge of the court of common pleas, juvenile 3,585
division, shall be the administrator of the juvenile division and 3,586
its subdivisions and departments. The judge shall have charge of 3,587
85
the employment, assignment, and supervision of the personnel of 3,588
the juvenile division who are engaged in handling, servicing, or 3,589
investigating juvenile cases, including any referees whom the 3,590
judge considers necessary for the discharge of the judge's 3,591
various duties. 3,592
The judge also shall designate the title, compensation, 3,594
expense allowances, hours, leaves of absence, and vacation of the 3,595
personnel of the division and shall fix their duties. The duties 3,596
of the personnel, in addition to other statutory duties, include 3,597
the handling, servicing, and investigation of juvenile cases and 3,598
providing any counseling and conciliation services that the 3,599
division makes available to persons, whether or not the persons 3,600
are parties to an action pending in the division, who request the 3,601
services. 3,602
(3) If a judge of the court of common pleas, division of 3,604
domestic relations or juvenile division, is sick, absent, or 3,605
unable to perform that the judge's judicial duties or the volume 3,606
of cases pending in the judge's division necessitates it, the 3,609
duties of that judge shall be performed by the other judges of 3,610
the domestic relations and juvenile divisions. 3,611
(L)(1) In Cuyahoga county, the judges of the court of 3,613
common pleas whose terms begin on January 8, 1961, January 9, 3,614
1961, January 18, 1975, January 19, 1975, and January 13, 1987, 3,615
and successors, shall have the same qualifications, exercise the 3,616
same powers and jurisdiction, and receive the same compensation 3,617
as other judges of the court of common pleas of Cuyahoga county 3,618
and shall be elected and designated as judges of the court of 3,619
common pleas, division of domestic relations. They shall have 3,620
all the powers relating to all divorce, dissolution of marriage, 3,621
legal separation, and annulment cases, except in cases that are 3,622
assigned to some other judge of the court of common pleas for 3,623
some special reason. 3,624
(2) The administrative judge is administrator of the 3,626
domestic relations division and its subdivisions and departments 3,627
86
and has the following powers concerning division personnel: 3,628
(a) Full charge of the employment, assignment, and 3,630
supervision; 3,631
(b) Sole determination of compensation, duties, expenses, 3,633
allowances, hours, leaves, and vacations. 3,634
(3) "Division personnel" include persons employed or 3,636
referees engaged in hearing, servicing, investigating, 3,637
counseling, or conciliating divorce, dissolution of marriage, 3,638
legal separation and annulment matters. 3,639
(M) In Lake county: 3,641
(1) The judge of the court of common pleas whose term 3,643
begins on January 2, 1961, and successors, shall have the same 3,644
qualifications, exercise the same powers and jurisdiction, and 3,645
receive the same compensation as the other judges of the court of 3,646
common pleas of Lake county and shall be elected and designated 3,647
as judge of the court of common pleas, division of domestic 3,648
relations. The judge shall be assigned all the divorce, 3,650
dissolution of marriage, legal separation, and annulment cases 3,651
coming before the court, except in cases that for some special 3,652
reason are assigned to some other judge of the court of common 3,653
pleas. The judge shall be charged with the assignment and 3,654
division of the work of the division and with the employment and 3,655
supervision of all other personnel of the domestic relations 3,656
division. 3,657
The judge also shall designate the title, compensation, 3,659
expense allowances, hours, leaves of absence, and vacations of 3,660
the personnel of the division and shall fix their duties. The 3,661
duties of the personnel, in addition to other statutory duties, 3,662
shall include the handling, servicing, and investigation of 3,663
divorce, dissolution of marriage, legal separation, and annulment 3,664
cases and providing any counseling and conciliation services that 3,665
the division makes available to persons, whether or not the 3,666
persons are parties to an action pending in the division, who 3,667
request the services. 3,668
87
(2) The judge of the court of common pleas whose term 3,670
begins on January 4, 1979, and successors, shall have the same 3,671
qualifications, exercise the same powers and jurisdiction, and 3,672
receive the same compensation as other judges of the court of 3,673
common pleas of Lake county, shall be elected and designated as 3,674
judge of the court of common pleas, juvenile division, and shall 3,675
be the juvenile judge as provided in Chapter 2151. of the Revised 3,676
Code, with the powers and jurisdictions conferred by that 3,677
chapter. The judge of the court of common pleas, juvenile 3,678
division, shall be the administrator of the juvenile division and 3,679
its subdivisions and departments. The judge shall have charge of 3,680
the employment, assignment, and supervision of the personnel of 3,681
the juvenile division who are engaged in handling, servicing, or 3,682
investigating juvenile cases, including any referees whom the 3,683
judge considers necessary for the discharge of the judge's 3,684
various duties. 3,685
The judge also shall designate the title, compensation, 3,687
expense allowances, hours, leaves of absence, and vacation of the 3,688
personnel of the division and shall fix their duties. The duties 3,689
of the personnel, in addition to other statutory duties, include 3,690
the handling, servicing, and investigation of juvenile cases and 3,691
providing any counseling and conciliation services that the 3,692
division makes available to persons, whether or not the persons 3,693
are parties to an action pending in the division, who request the 3,694
services. 3,695
(3) If a judge of the court of common pleas, division of 3,697
domestic relations or juvenile division, is sick, absent, or 3,698
unable to perform that the judge's judicial duties or the volume 3,699
of cases pending in the judge's division necessitates it, the 3,702
duties of that judge shall be performed by the other judges of 3,703
the domestic relations and juvenile divisions. 3,704
(N) In Erie county, the judge of the court of common pleas 3,706
whose term begins on January 2, 1971, and successors, shall have 3,707
the same qualifications, exercise the same powers and 3,708
88
jurisdiction, and receive the same compensation as the other 3,709
judge of the court of common pleas of Erie county and shall be 3,710
elected and designated as judge of the court of common pleas, 3,711
division of domestic relations. The judge shall have all the 3,712
powers relating to juvenile courts, and shall be assigned all 3,713
cases under Chapter 2151. of the Revised Code, parentage 3,715
proceedings over which the juvenile court has jurisdiction, and 3,717
divorce, dissolution of marriage, legal separation, and annulment 3,718
cases, except cases that for some special reason are assigned to 3,719
some other judge. 3,720
(O) In Greene county: 3,722
(1) The judge of the court of common pleas whose term 3,724
begins on January 1, 1961, and successors, shall have the same 3,725
qualifications, exercise the same powers and jurisdiction, and 3,726
receive the same compensation as the other judges of the court of 3,727
common pleas of Greene county and shall be elected and designated 3,728
as the judge of the court of common pleas, division of domestic 3,729
relations. The judge shall be assigned all divorce, dissolution 3,731
of marriage, legal separation, annulment, uniform reciprocal 3,732
support enforcement, and domestic violence cases and all other 3,733
cases related to domestic relations, except cases that for some 3,734
special reason are assigned to some other judge of the court of 3,735
common pleas.
The judge shall be charged with the assignment and division 3,737
of the work of the division and with the employment and 3,738
supervision of all other personnel of the division. The judge 3,740
also shall designate the title, compensation, hours, leaves of 3,742
absence, and vacations of the personnel of the division and shall 3,743
fix their duties. The duties of the personnel of the division, 3,744
in addition to other statutory duties, shall include the 3,745
handling, servicing, and investigation of divorce, dissolution of 3,746
marriage, legal separation, and annulment cases and the provision 3,747
of counseling and conciliation services that the division 3,748
considers necessary and makes available to persons who request 3,749
89
the services, whether or not the persons are parties in an action 3,750
pending in the division. The compensation for the personnel 3,751
shall be paid from the overall court budget and shall be included 3,752
in the appropriations for the existing judges of the general 3,753
division of the court of common pleas.
(2) The judge of the court of common pleas whose term 3,755
begins on January 1, 1995, and successors shall have the same 3,756
qualifications, exercise the same powers and jurisdiction, and 3,757
receive the same compensation as the other judges of the court of 3,758
common pleas of Greene county, shall be elected and designated as 3,759
judge of the court of common pleas, juvenile division, and, on or 3,760
after January 1, 1995, shall be the juvenile judge as provided in 3,761
Chapter 2151. of the Revised Code with the powers and 3,762
jurisdiction conferred by that chapter. The judge of the court 3,763
of common pleas, juvenile division, shall be the administrator of 3,764
the juvenile division and its subdivisions and departments. The 3,765
judge shall have charge of the employment, assignment, and 3,766
supervision of the personnel of the juvenile division who are 3,767
engaged in handling, servicing, or investigating juvenile cases, 3,768
including any referees whom the judge considers necessary for the 3,769
discharge of the judge's various duties. 3,770
The judge also shall designate the title, compensation, 3,772
expense allowances, hours, leaves of absence, and vacation of the 3,773
personnel of the division and shall fix their duties. The duties 3,774
of the personnel, in addition to other statutory duties, include 3,775
the handling, servicing, and investigation of juvenile cases and 3,776
providing any counseling and conciliation services that the court 3,777
makes available to persons, whether or not the persons are 3,778
parties to an action pending in the court, who request the 3,779
services. 3,780
(3) If one of the judges of the court of common pleas, 3,782
general division, is sick, absent, or unable to perform that the 3,783
judge's judicial duties or the volume of cases pending in the 3,784
general division necessitates it, the duties of that judge of the 3,786
90
general division shall be performed by the judge of the division 3,787
of domestic relations and the judge of the juvenile division. 3,788
(P) In Portage county, the judge of the court of common 3,790
pleas, whose term begins January 2, 1987, and successors, shall 3,791
have the same qualifications, exercise the same powers and 3,792
jurisdiction, and receive the same compensation as the other 3,793
judges of the court of common pleas of Portage county and shall 3,794
be elected and designated as judge of the court of common pleas, 3,795
division of domestic relations. The judge shall be assigned all 3,797
divorce, dissolution of marriage, legal separation, and annulment 3,799
cases coming before the court, except in cases that for some 3,800
special reason are assigned to some other judge of the court of 3,801
common pleas. The judge shall be charged with the assignment and 3,802
division of the work of the division and with the employment and 3,803
supervision of all other personnel of the domestic relations 3,804
division.
The judge also shall designate the title, compensation, 3,806
expense allowances, hours, leaves of absence, and vacations of 3,807
the personnel of the division and shall fix their duties. The 3,808
duties of the personnel, in addition to other statutory duties, 3,809
shall include the handling, servicing, and investigation of 3,810
divorce, dissolution of marriage, legal separation, and annulment 3,811
cases and providing any counseling and conciliation services that 3,812
the division makes available to persons, whether or not the 3,813
persons are parties to an action pending in the division, who 3,814
request the services. 3,815
(Q) In Clermont county, the judge of the court of common 3,817
pleas, whose term begins January 2, 1987, and successors, shall 3,818
have the same qualifications, exercise the same powers and 3,819
jurisdiction, and receive the same compensation as the other 3,820
judges of the court of common pleas of Clermont county and shall 3,821
be elected and designated as judge of the court of common pleas, 3,822
division of domestic relations. The judge shall be assigned all 3,824
divorce, dissolution of marriage, legal separation, and annulment 3,826
91
cases coming before the court, except in cases that for some 3,827
special reason are assigned to some other judge of the court of 3,828
common pleas. The judge shall be charged with the assignment and 3,829
division of the work of the division and with the employment and 3,830
supervision of all other personnel of the domestic relations 3,831
division.
The judge also shall designate the title, compensation, 3,833
expense allowances, hours, leaves of absence, and vacations of 3,834
the personnel of the division and shall fix their duties. The 3,835
duties of the personnel, in addition to other statutory duties, 3,836
shall include the handling, servicing, and investigation of 3,837
divorce, dissolution of marriage, legal separation, and annulment 3,838
cases and providing any counseling and conciliation services that 3,839
the division makes available to persons, whether or not the 3,840
persons are parties to an action pending in the division, who 3,841
request the services. 3,842
(R) In Warren county, the judge of the court of common 3,844
pleas, whose term begins January 1, 1987, and successors, shall 3,845
have the same qualifications, exercise the same powers and 3,846
jurisdiction, and receive the same compensation as the other 3,847
judges of the court of common pleas of Warren county and shall be 3,848
elected and designated as judge of the court of common pleas, 3,849
division of domestic relations. The judge shall be assigned all 3,851
divorce, dissolution of marriage, legal separation, and annulment 3,853
cases coming before the court, except in cases that for some 3,854
special reason are assigned to some other judge of the court of 3,855
common pleas. The judge shall be charged with the assignment and 3,856
division of the work of the division and with the employment and 3,857
supervision of all other personnel of the domestic relations 3,858
division.
The judge also shall designate the title, compensation, 3,860
expense allowances, hours, leaves of absence, and vacations of 3,861
the personnel of the division and shall fix their duties. The 3,862
duties of the personnel, in addition to other statutory duties, 3,863
92
shall include the handling, servicing, and investigation of 3,864
divorce, dissolution of marriage, legal separation, and annulment 3,865
cases and providing any counseling and conciliation services that 3,866
the division makes available to persons, whether or not the 3,867
persons are parties to an action pending in the division, who 3,868
request the services. 3,869
(S) In Licking county, the judge of the court of common 3,871
pleas, whose term begins January 1, 1991, and successors, shall 3,872
have the same qualifications, exercise the same powers and 3,873
jurisdiction, and receive the same compensation as the other 3,874
judges of the court of common pleas of Licking county and shall 3,875
be elected and designated as judge of the court of common pleas, 3,876
division of domestic relations. The judge shall be assigned all 3,878
divorce, dissolution of marriage, legal separation, and annulment 3,880
cases, all cases arising under Chapter 3111. of the Revised Code, 3,881
all proceedings involving child support, the allocation of 3,882
parental rights and responsibilities for the care of children and 3,883
the designation for the children of a place of residence and 3,884
legal custodian, and visitation, and all post-decree proceedings 3,885
and matters arising from those cases and proceedings, except in 3,886
cases that for some special reason are assigned to another judge 3,887
of the court of common pleas. The judge shall be charged with 3,888
the assignment and division of the work of the division and with 3,889
the employment and supervision of the personnel of the division. 3,890
The judge shall designate the title, compensation, expense 3,892
allowances, hours, leaves of absence, and vacations of the 3,893
personnel of the division and shall fix the duties of the 3,894
personnel of the division. The duties of the personnel of the 3,895
division, in addition to other statutory duties, shall include 3,896
the handling, servicing, and investigation of divorce, 3,897
dissolution of marriage, legal separation, and annulment cases, 3,898
cases arising under Chapter 3111. of the Revised Code, and 3,899
proceedings involving child support, the allocation of parental 3,900
rights and responsibilities for the care of children and the 3,901
93
designation for the children of a place of residence and legal 3,902
custodian, and visitation and providing any counseling and 3,903
conciliation services that the division makes available to 3,904
persons, whether or not the persons are parties to an action 3,905
pending in the division, who request the services. 3,906
(T) In Allen county, the judge of the court of common 3,908
pleas, whose term begins January 1, 1993, and successors, shall 3,909
have the same qualifications, exercise the same powers and 3,910
jurisdiction, and receive the same compensation as the other 3,911
judges of the court of common pleas of Allen county and shall be 3,912
elected and designated as judge of the court of common pleas, 3,913
division of domestic relations. The judge shall be assigned all 3,915
divorce, dissolution of marriage, legal separation, and annulment 3,917
cases, all cases arising under Chapter 3111. of the Revised Code, 3,918
all proceedings involving child support, the allocation of 3,919
parental rights and responsibilities for the care of children and 3,920
the designation for the children of a place of residence and 3,921
legal custodian, and visitation, and all post-decree proceedings 3,922
and matters arising from those cases and proceedings, except in 3,923
cases that for some special reason are assigned to another judge 3,924
of the court of common pleas. The judge shall be charged with 3,925
the assignment and division of the work of the division and with 3,926
the employment and supervision of the personnel of the division. 3,927
The judge shall designate the title, compensation, expense 3,929
allowances, hours, leaves of absence, and vacations of the 3,930
personnel of the division and shall fix the duties of the 3,931
personnel of the division. The duties of the personnel of the 3,932
division, in addition to other statutory duties, shall include 3,933
the handling, servicing, and investigation of divorce, 3,934
dissolution of marriage, legal separation, and annulment cases, 3,935
cases arising under Chapter 3111. of the Revised Code, and 3,936
proceedings involving child support, the allocation of parental 3,937
rights and responsibilities for the care of children and the 3,938
designation for the children of a place of residence and legal 3,939
94
custodian, and visitation, and providing any counseling and 3,940
conciliation services that the division makes available to 3,941
persons, whether or not the persons are parties to an action 3,942
pending in the division, who request the services. 3,943
(U) In Medina county, the judge of the court of common 3,945
pleas whose term begins January 1, 1995, and successors, shall 3,946
have the same qualifications, exercise the same powers and 3,947
jurisdiction, and receive the same compensation as other judges 3,948
of the court of common pleas of Medina county and shall be 3,949
elected and designated as judge of the court of common pleas, 3,950
division of domestic relations. The judge shall be assigned all 3,952
divorce, dissolution of marriage, legal separation, and annulment 3,954
cases, all cases arising under Chapter 3111. of the Revised Code, 3,955
all proceedings involving child support, the allocation of 3,956
parental rights and responsibilities for the care of children and 3,957
the designation for the children of a place of residence and 3,958
legal custodian, and visitation, and all post-decree proceedings 3,959
and matters arising from those cases and proceedings, except in 3,960
cases that for some special reason are assigned to another judge 3,961
of the court of common pleas. The judge shall be charged with 3,962
the assignment and division of the work of the division and with 3,963
the employment and supervision of the personnel of the division. 3,964
The judge shall designate the title, compensation, expense 3,966
allowances, hours, leaves of absence, and vacations of the 3,967
personnel of the division and shall fix the duties of the 3,968
personnel of the division. The duties of the personnel, in 3,969
addition to other statutory duties, include the handling, 3,970
servicing, and investigation of divorce, dissolution of marriage, 3,971
legal separation, and annulment cases, cases arising under 3,972
Chapter 3111. of the Revised Code, and proceedings involving 3,973
child support, the allocation of parental rights and 3,974
responsibilities for the care of children and the designation for 3,975
the children of a place of residence and legal custodian, and 3,976
visitation, and providing counseling and conciliation services 3,977
95
that the division makes available to persons, whether or not the 3,978
persons are parties to an action pending in the division, who 3,979
request the services. 3,980
(V) In Fairfield county, the judge of the court of common 3,982
pleas whose term begins January 2, 1995, and successors, shall 3,983
have the same qualifications, exercise the same powers and 3,984
jurisdiction, and receive the same compensation as the other 3,985
judges of the court of common pleas of Fairfield county and shall 3,986
be elected and designated as judge of the court of common pleas, 3,987
division of domestic relations. The judge shall be assigned all 3,989
divorce, dissolution of marriage, legal separation, and annulment 3,991
cases, all cases arising under Chapter 3111. of the Revised Code, 3,992
all proceedings involving child support, the allocation of 3,993
parental rights and responsibilities for the care of children and 3,994
the designation for the children of a place of residence and 3,995
legal custodian, and visitation, and all post-decree proceedings 3,996
and matters arising from those cases and proceedings, except in 3,997
cases that for some special reason are assigned to another judge 3,998
of the court of common pleas. The judge also has concurrent 3,999
jurisdiction with the probate-juvenile division of the court of
common pleas of Fairfield county with respect to and may hear 4,000
cases to determine the custody of a child, as defined in section 4,001
2151.011 of the Revised Code, who is not the ward of another 4,002
court of this state, cases that are commenced by a parent, 4,003
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 4,004
child to pay child support for that child when the request for 4,005
that order is not ancillary to an action for divorce, dissolution 4,006
of marriage, annulment, or legal separation, a criminal or civil 4,007
action involving an allegation of domestic violence, an action 4,008
for support under Chapter 3115. of the Revised Code, or an action
that is within the exclusive original jurisdiction of the 4,009
probate-juvenile division of the court of common pleas of 4,010
Fairfield county and that involves an allegation that the child 4,011
96
is an abused, neglected, or dependent child, and post-decree 4,012
proceedings and matters arising from those types of cases.
The judge of the domestic relations division shall be 4,014
charged with the assignment and division of the work of the 4,017
division and with the employment and supervision of the personnel 4,018
of the division.
The judge shall designate the title, compensation, expense 4,020
allowances, hours, leaves of absence, and vacations of the 4,021
personnel of the division and shall fix the duties of the 4,022
personnel of the division. The duties of the personnel of the 4,023
division, in addition to other statutory duties, shall include 4,024
the handling, servicing, and investigation of divorce, 4,025
dissolution of marriage, legal separation, and annulment cases, 4,026
cases arising under Chapter 3111. of the Revised Code, and 4,027
proceedings involving child support, the allocation of parental 4,028
rights and responsibilities for the care of children and the 4,029
designation for the children of a place of residence and legal 4,030
custodian, and visitation, and providing any counseling and 4,031
conciliation services that the division makes available to 4,032
persons, regardless of whether the persons are parties to an 4,033
action pending in the division, who request the services. When 4,035
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 4,036
ward of another court of this state or a case that is commenced 4,037
by a parent, guardian, or custodian of a child, as defined in 4,038
section 2151.011 of the Revised Code, to obtain an order 4,039
requiring a parent of the child to pay child support for that
child when the request for that order is not ancillary to an 4,040
action for divorce, dissolution of marriage, annulment, or legal 4,041
separation, a criminal or civil action involving an allegation of 4,042
domestic violence, an action for support under Chapter 3115. of 4,043
the Revised Code, or an action that is within the exclusive 4,044
original jurisdiction of the probate-juvenile division of the
court of common pleas of Fairfiled FAIRFIELD county and that 4,045
97
involves an allegation that the child is an abused, neglected, or 4,047
dependent child, the duties of the personnel of the domestic 4,048
relations division also include the handling, servicing, and
investigation of those types of cases. 4,049
(W)(1) In Clark county, the judge of the court of common 4,051
pleas whose term begins on January 2, 1995, and successors, shall 4,052
have the same qualifications, exercise the same powers and 4,053
jurisdiction, and receive the same compensation as other judges 4,054
of the court of common pleas of Clark county and shall be elected 4,055
and designated as judge of the court of common pleas, domestic 4,056
relations division. The judge shall have all the powers relating 4,058
to juvenile courts, and all cases under Chapter 2151. of the 4,059
Revised Code and all parentage proceedings under Chapter 3111. of 4,060
the Revised Code over which the juvenile court has jurisdiction 4,061
shall be assigned to the judge of the division of domestic 4,062
relations. All divorce, dissolution of marriage, legal 4,063
separation, annulment, uniform reciprocal support enforcement, 4,064
and other cases related to domestic relations shall be assigned 4,065
to the domestic relations division, and the presiding judge of 4,066
the court of common pleas shall assign the cases to the judge of 4,067
the domestic relations division and the judges of the general 4,068
division. 4,069
(2) In addition to the judge's regular duties, the judge 4,071
of the division of domestic relations shall serve on the children 4,073
services board and the county advisory board. 4,074
(3) If the judge of the court of common pleas of Clark 4,076
county, division of domestic relations, is sick, absent, or 4,077
unable to perform that the judge's judicial duties or if the 4,078
presiding judge of the court of common pleas of Clark county 4,081
determines that the volume of cases pending in the division of 4,082
domestic relations necessitates it, the duties of the judge of 4,083
the division of domestic relations shall be performed by the 4,084
judges of the general division or probate division of the court 4,085
of common pleas of Clark county, as assigned for that purpose by 4,086
98
the presiding judge of that court, and the judges so assigned 4,087
shall act in conjunction with the judge of the division of 4,088
domestic relations of that court. 4,089
(X) In Scioto county, the judge of the court of common 4,091
pleas whose term begins January 2, 1995, and successors, shall 4,093
have the same qualifications, exercise the same powers and 4,094
jurisdiction, and receive the same compensation as other judges 4,095
of the court of common pleas of Scioto county and shall be 4,096
elected and designated as judge of the court of common pleas, 4,097
division of domestic relations. The judge shall be assigned all 4,099
divorce, dissolution of marriage, legal separation, and annulment 4,101
cases, all cases arising under Chapter 3111. of the Revised Code, 4,102
all proceedings involving child support, the allocation of 4,103
parental rights and responsibilities for the care of children and 4,104
the designation for the children of a place of residence and 4,105
legal custodian, visitation, and all post-decree proceedings and 4,106
matters arising from those cases and proceedings, except in cases 4,107
that for some special reason are assigned to another judge of the 4,108
court of common pleas. The judge shall be charged with the 4,109
assignment and division of the work of the division and with the 4,110
employment and supervision of the personnel of the division. 4,111
The judge shall designate the title, compensation, expense 4,113
allowances, hours, leaves of absence, and vacations of the 4,114
personnel of the division and shall fix the duties of the 4,115
personnel of the division. The duties of the personnel, in 4,116
addition to other statutory duties, include the handling, 4,117
servicing, and investigation of divorce, dissolution of marriage, 4,118
legal separation, and annulment cases, cases arising under 4,119
Chapter 3111. of the Revised Code, and proceedings involving 4,120
child support, the allocation of parental rights and 4,121
responsibilities for the care of children and the designation for 4,122
the children of a place of residence and legal custodian, and 4,123
visitation, and providing counseling and conciliation services 4,124
that the division makes available to persons, whether or not the 4,125
99
persons are parties to an action pending in the division, who 4,126
request the services. 4,127
(Y) In Auglaize county, the judge of the probate and 4,129
juvenile divisions of the Auglaize county court of common pleas 4,130
also shall be the administrative judge of the domestic relations 4,131
division of the court and shall be assigned all divorce, 4,133
dissolution of marriage, legal separation, and annulment cases 4,134
coming before the court. The judge shall have all powers as 4,135
administrator of the domestic relations division and shall have 4,136
charge of the personnel engaged in handling, servicing, or 4,137
investigating divorce, dissolution of marriage, legal separation, 4,138
and annulment cases, including any referees considered necessary 4,139
for the discharge of the judge's various duties. 4,140
(Z) If a judge of the court of common pleas, division of 4,142
domestic relations, or juvenile judge, of any of the counties 4,143
mentioned in this section is sick, absent, or unable to perform 4,144
that the judge's judicial duties or the volume of cases pending 4,145
in the judge's division necessitates it, the duties of that judge 4,148
shall be performed by another judge of the court of common pleas 4,149
of that county, assigned for that purpose by the presiding judge 4,150
of the court of common pleas of that county to act in place of or 4,151
in conjunction with that judge, as the case may require. 4,152
Sec. 2301.35. (A) The board of county commissioners in 4,163
each county, by resolution, shall designate one of the following 4,165
A PERSON OR GOVERNMENT ENTITY WITHIN OR OUTSIDE THE COUNTY as the 4,166
child support enforcement agency for the county: the county 4,167
department of human services, the office of the prosecuting 4,168
attorney, a bureau within the court of common pleas, or. A 4,169
DESIGNATED GOVERNMENT ENTITY MAY BE a separate agency under the 4,170
direct control of the board and administered by an official 4,171
appointed by the board OR ANY OTHER GOVERNMENT ENTITY. The board 4,172
shall enter into a contract with the designated entity as 4,174
required by division (B) of this section. If, on or before 4,175
December 31, 1987, the board does not designate and enter into a 4,176
100
contract with an entity to be the county's child support 4,177
enforcement agency, the county department of human services is 4,178
hereby designated as the child support enforcement agency for the 4,179
county THE BOARD, BY RESOLUTION, MAY CHANGE ITS DESIGNATION OF 4,180
THE CHILD SUPPORT ENFORCEMENT AGENCY BY DESIGNATING ANOTHER 4,181
PERSON OR GOVERNMENT ENTITY UNDER THIS DIVISION OR PURSUANT TO
ONE OR MORE AGREEMENTS UNDER DIVISION (D) OF SECTION 307.98 OF 4,182
THE REVISED CODE. A GOVERNMENT ENTITY THAT BECOMES A CHILD 4,183
SUPPORT ENFORCEMENT AGENCY PURSUANT TO DIVISION (D) OF SECTION 4,184
307.98 OF THE REVISED CODE IS HEREBY DEEMED TO HAVE BEEN
DESIGNATED UNDER THIS SECTION. IF THE BOARD CHANGES ITS 4,185
DESIGNATION, IT SHALL PROVIDE AT LEAST SIXTY DAYS' NOTICE TO THE 4,186
STATE DEPARTMENT OF HUMAN SERVICES AND PUBLISH NOTICE OF THE 4,187
INTENT TO MAKE THE CHANGE IN A NEWSPAPER OF GENERAL CIRCULATION 4,188
WITHIN THE COUNTY AT LEAST SIXTY DAYS BEFORE THE CHANGE IS TO
TAKE EFFECT. 4,189
(B)(1) Each TIME A CHILD SUPPORT ENFORCEMENT AGENCY IS 4,191
DESIGNATED UNDER THIS SECTION, THE board of county commissioners 4,193
shall enter into a contract with the child support enforcement 4,194
agency for the county served by the board, as designated under 4,195
division (A) of this section. The contract shall specify the 4,196
services the agency is to provide and may contain other 4,197
provisions relating to the operation of the agency. The form and 4,198
terms of the contract shall be consistent with the rules adopted 4,199
by the state department of human services under division (D) of 4,200
this section. The board thereafter, by resolution, may change 4,201
its designation of the child support enforcement agency after 4,202
providing at least sixty days' notice to the state department of 4,203
human services and publishing notice of intent to change the 4,204
designation in a newspaper of general circulation within the 4,205
county at least sixty days before the change takes effect. The 4,206
board shall enter into a contract under this division with any 4,207
child support enforcement agency it designates under this 4,208
section.
101
(2)(a) If a board of county commissioners, by resolution, 4,210
changes its designation of the child support enforcement agency 4,211
by designating a new department, office, bureau, or agency as the 4,212
designated child support enforcement agency for the county, the 4,213
board, notwithstanding any other section of the Revised Code, 4,214
shall adopt a resolution stating that any employees of the 4,215
previously designated child support enforcement agency for that 4,216
county who also are employees of the newly designated child 4,217
support enforcement agency for that county and who are not 4,218
otherwise covered by a collective bargaining agreement shall be 4,219
treated as transfers to the newly designated agency. The board 4,220
of county commissioners shall state all of the following in the 4,221
resolution: 4,222
(i) That the conditions of employment, compensation, and 4,224
benefits of the transferred employees shall be consistent with 4,225
the conditions of employment, compensation, and benefits of the 4,226
other employees of the department, office, bureau, or agency that 4,227
is the newly designated child support enforcement agency for that 4,228
county; 4,229
(ii) That the transferred employees of the previously 4,231
designated child support enforcement agency who become employees 4,232
of the newly designated child support enforcement agency shall 4,233
retain any rights they have as to classification status and 4,234
benefits; 4,235
(iii) That those transferred employees may transfer 4,237
vacation leave, sick leave, and other earned benefits that they 4,238
earned while employed at the previously designated child support 4,239
enforcement agency to the newly designated child support 4,240
enforcement agency or that they may be paid for the earned 4,241
benefits; 4,242
(iv) That, if the action taken by the board of county 4,244
commissioners in the resolution transferring the employees to the 4,245
newly designated child support enforcement agency results in a 4,246
reduction in pay for the employees, the reduction in pay shall 4,247
102
not be considered a reduction in pay pursuant to section 124.34 4,248
of the Revised Code; 4,249
(v) That the parties to the collective bargaining 4,251
agreement shall agree to include any comparable classified 4,252
employee into the existing bargaining unit for the newly 4,253
designated child support enforcement agency. 4,254
(b) The employees of a previously designated child support 4,256
enforcement agency who also are employees of the newly designated 4,257
child support enforcement agency for that county and who are 4,258
covered by a collective bargaining agreement shall continue to be 4,259
covered by that agreement until the agreement expires or is 4,260
renegotiated. The parties to the collective bargaining agreement 4,261
shall agree to include any comparable classified employee in the 4,262
existing bargaining unit for the newly designated child support 4,263
enforcement agency at any time the transferred employee is not 4,264
otherwise covered by a collective bargaining agreement IN 4,265
ADDITION TO THE CONTRACT ENTERED INTO UNDER DIVISION (B)(1) OF 4,266
THIS SECTION, EACH CHILD SUPPORT ENFORCEMENT AGENCY SHALL ENTER 4,267
INTO A WRITTEN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS 4,268
UNDER DIVISION (C) OF SECTION 307.98 OF THE REVISED CODE AND 4,269
COMPLY WITH AGREEMENTS THE BOARD ENTERS INTO UNDER THAT SECTION
THAT AFFECT THE AGENCY. 4,270
(C) The child support enforcement agency for a county is 4,272
the local Title IV-D agency for the county and shall operate a 4,273
program for support enforcement in the county, which program 4,274
shall comply with Title IV-D of the "Social Security Act," 88 4,275
Stat. 2351 (1975), 42 U.S.C. 651, as amended, any rules adopted 4,276
pursuant to that title, and sections 2151.23, 2151.33, 2301.34 to 4,277
2301.42, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3111.20, 4,278
3111.21, 3111.22, 3113.04, 3113.21 to 3113.219, 3113.31, and 4,280
3115.22 of the Revised Code. Each child support enforcement 4,281
agency shall be operated under the supervision of the state 4,282
department of human services in accordance with the program of 4,283
child support enforcement established pursuant to section 5101.31 4,284
103
of the Revised Code, shall be responsible in the county it serves 4,285
for the collection of payments due under support orders, and 4,286
shall perform all administrative duties related to the collection 4,287
of payments due under any support order. No child support 4,288
enforcement agency shall use any social security number made 4,289
available to it under section 3705.07 of the Revised Code for any 4,290
purpose other than child support enforcement. The department 4,291
shall ensure that all child support enforcement agencies comply 4,292
with all applicable state and federal support regulations, 4,293
including the affirmative duties of Title IV-D of the Social 4,294
Security Act.
Each child support enforcement agency may enter into 4,296
contracts with public agencies and private vendors for the 4,297
collection of amounts due under support orders, for assistance in 4,298
establishing paternity or support obligations, or for the 4,299
performance of other administrative duties of the agency. Each 4,300
child support enforcement agency may contract with a collection 4,301
agent in accordance with section 2301.42 of the Revised Code for 4,302
the collection of arrearages described in that section. Before 4,303
entering into a contract for the collection of support, 4,304
assistance in establishing paternity or support obligations, or
for other administrative services, a child support enforcement 4,305
agency shall comply with sections 307.86 to 307.92 of the Revised 4,306
Code and any rules adopted by the state department of human 4,307
services pursuant to division (D)(1) of this section. 4,308
(D)(1) The state department of human services shall adopt 4,311
rules under Chapter 119. of the Revised Code governing the 4,312
operation of support enforcement by child support enforcement 4,313
agencies. The rules shall include, but shall not be limited to, 4,314
provisions relating to contracts between the agencies and boards 4,315
of county commissioners entered into under division (B)(1) of 4,316
this section, requirements for public hearings by the agencies, 4,317
and provisions for appeals of agency decisions under procedures 4,318
established by the department.
104
(2) The state department of human services shall adopt in 4,321
accordance with Chapter 119. of the Revised Code rules governing 4,322
the establishment by child support enforcement agencies of 4,323
on-site genetic testing programs to be used in actions under 4,324
sections 3111.01 to 3111.19 of the Revised Code and in 4,325
administrative procedures under sections 3111.20 to 3111.29 of 4,326
the Revised Code. The rules shall include, but are not limited 4,327
to, provisions relating to the environment in which a blood or 4,328
buccal cell sample may be drawn, the medical personnel who may
draw a sample, the trained personnel who may perform the genetic 4,329
comparison, the types of genetic testing that may be performed on 4,330
a sample, and the procedure for notifying the court of the 4,331
location at which the sample will be drawn, who will draw the 4,333
sample, and who will perform the genetic testing on the sample, 4,334
and any other procedures or standards the department determines 4,335
are necessary for the implementation of on-site genetic testing. 4,336
(E)(1) The state department of human services shall adopt, 4,339
under Chapter 119. of the Revised Code, support enforcement 4,340
performance standards and rules establishing financial sanctions 4,341
for counties that fail to comply with the standards and shall 4,342
make the standards and rules available to the public, boards of 4,343
county commissioners, and child support enforcement agencies. 4,344
The department shall determine the degree to which each child 4,345
support enforcement agency is complying with the standards. If 4,346
the department finds any child support enforcement agency to be 4,347
substantially out of compliance with the standards, it shall 4,348
require the agency and the board of county commissioners of the 4,349
county served by the agency to prepare a plan to bring the agency 4,350
into compliance with the standards. The plan may include a 4,351
change in the designation of the child support enforcement 4,352
agency. If the plan does not result in compliance with the 4,353
standards, the department shall impose a financial sanction upon 4,354
the county. The board of county commissioners shall make a 4,355
separate appropriation for the child support enforcement agency 4,356
105
in the amount of the sanction and transfer that amount to the 4,357
agency. The child support enforcement agency shall not pay any 4,358
part of the sanction, and the board of county commissioners shall 4,359
not decrease county funding for the agency because of the 4,360
sanction. If the board of county commissioners fails to make the 4,361
full appropriation and transfer as required by this division, the 4,362
department shall certify to the tax commissioner the amount of 4,363
the sanction. The tax commissioner shall deduct that amount from 4,364
the local government fund distribution to which the county itself 4,365
would otherwise be entitled and remit the amount directly to the 4,366
child support enforcement agency to be deposited by the agency 4,367
into a separate account to be used solely for support enforcement 4,368
purposes. If the department subsequently determines that the 4,369
agency has attained substantial compliance with the standards and 4,370
that the county has appropriated sufficient funds for the agency 4,371
to maintain its budget at the level necessary to continue to be 4,372
in substantial compliance, the department shall certify its 4,373
determination to the tax commissioner, and the tax commissioner 4,374
shall resume remitting to the county the entire amount of the 4,375
local government fund distribution. The board of county 4,376
commissioners may appeal a financial sanction under Chapter 119. 4,377
of the Revised Code. 4,378
(2) The state department of human services shall adopt, 4,380
under Chapter 119. of the Revised Code, rules requiring each 4,381
child support enforcement agency to complete within designated 4,382
periods of time specified percentages of parentage cases in which 4,383
the agency or the mother of a child is attempting to establish a 4,384
parent and child relationship between the child and the father of 4,385
the child and rules establishing financial sanctions for counties 4,386
that fail to comply with the requirements. The department shall 4,387
make copies of the rules available upon request to the public, 4,388
boards of county commissioners, and child support enforcement 4,389
agencies. The department shall determine the degree to which 4,390
each child support enforcement agency is complying with the 4,391
106
requirements. If the department finds any child support 4,392
enforcement agency to be substantially out of compliance with the 4,393
requirements, it shall require the agency and the board of county 4,394
commissioners of the county served by the agency to prepare a 4,395
plan to bring the agency into compliance with the requirements 4,396
and to submit the plan to the department. The plan may include a 4,397
change in the designation of the child support enforcement 4,398
agency. If the plan does not result in compliance with the 4,399
requirements, the department shall impose a financial sanction 4,400
upon the county. If a financial sanction is imposed upon a 4,401
county, the board of county commissioners may appeal the sanction 4,402
under Chapter 119. of the Revised Code. 4,403
(F) Each child support enforcement agency designated under 4,405
this section shall enter into written agreements with the courts, 4,406
the prosecuting attorney, and law enforcement officials of the 4,407
county it serves, which agreements shall establish cooperative 4,408
working arrangements and specify areas of responsibility for the 4,409
enforcement of support among the agency, courts, and officials. 4,410
The agreements shall provide for the reimbursement of the courts 4,411
and law enforcement officials for the responsibilities they 4,412
assume and actions they undertake pursuant to such agreements. 4,413
(G)(F)(1) Every child support enforcement agency shall 4,415
maintain records listing the date a support order was entered, 4,416
the amount of any payment made under it, the date on which 4,417
payments are required to be made, the names and addresses of the 4,418
parties affected by the order, and the current records of 4,419
payments and disbursements. 4,420
(2) Each obligor and each obligee under a support order 4,422
may review all records maintained under division (G)(F)(1) of 4,423
this section that pertain to the support order and any other 4,425
information in any file maintained by the child support 4,426
enforcement agency, except to the extent prohibited by state or 4,427
federal law. 4,428
(H)(G)(1) If a court or administrative agency issues or 4,430
107
modifies a support order on or after October 5, 1987, regardless 4,431
of when the modified support order was issued, the child support 4,432
enforcement agency of the county shall collect the greater of two 4,433
per cent of the support payment to be collected under a support 4,434
order or one dollar per month from the obligor under the support 4,435
order. The child support enforcement agency and the court shall 4,436
enter into an agreement that provides for the application by 4,437
December 31, 1988, of that amount to all support orders issued 4,438
prior to October 5, 1987, unless the date for the application of 4,439
that amount to those orders is extended by mutual agreement 4,440
between the child support enforcement agency and the court. The 4,441
obligor shall pay the amount with every current support payment, 4,442
and with every payment on arrearages. If an obligor fails to pay 4,443
the required amount with each support payment due in increments 4,444
specified under the support order, the child support enforcement 4,445
agency shall maintain a separate arrearage account of that amount 4,446
for that obligor. The agency shall not deduct the unpaid amount 4,447
from any support payment due to the obligee in increments 4,448
specified under the support order. If an obligor pays the 4,449
required amount, the child support enforcement agency is not 4,450
required to apply that payment toward any arrearages under the 4,451
support payment. No moneys received by a child support 4,452
enforcement agency pursuant to this division shall be used for 4,453
any purpose other than the provision of funds for the 4,454
administration of its program of support enforcement. 4,455
(2) The board of county commissioners of each county shall 4,457
budget and appropriate to the child support enforcement agency 4,458
serving the county all of the following: 4,459
(a) Money collected pursuant to division (H)(G)(1) of this 4,461
section; 4,462
(b) All federal money payable to the county on the basis 4,464
of its success in collecting overdue support obligations, 4,465
establishing paternity, and implementing other activities related 4,466
to child support enforcement under Title IV-D of the Social 4,467
108
Security Act; 4,468
(c) Any funds that may be received from other federal or 4,470
state sources for the child support enforcement agency; 4,471
(d) Notwithstanding any provision of the Revised Code that 4,473
provides otherwise, all interest earned on moneys in the child 4,474
support enforcement agency's depository accounts. 4,475
(3) All moneys received from the federal or state 4,477
government for reimbursement for support enforcement activities 4,478
shall be used solely for support enforcement activities. 4,479
(4) A board of county commissioners may request that the 4,481
department of human services grant a waiver of the requirement 4,482
that the money specified in division (H)(G)(2)(b) of this section 4,484
be budgeted and appropriated to the child support enforcement 4,485
agency if the board can demonstrate, by meeting criteria 4,486
established by the department, that the child support enforcement 4,487
agency is effectively using procedures for establishing 4,488
paternity, meeting the mandated service needs of clients, and 4,489
complying with all applicable state and federal support rules and 4,490
regulations.
(I)(H) A child support enforcement agency may invest any 4,492
of the moneys collected pursuant to the performance of its duties 4,493
under sections 2301.34 to 2301.42 of the Revised Code in a 4,494
repurchase agreement in which a bank agrees to sell short-term 4,495
federally guaranteed securities with an obligation of the bank to 4,496
repurchase the securities. All interest derived pursuant to 4,497
investments made under this division shall be retained by the 4,498
child support enforcement agency and used solely for support 4,499
enforcement activities. 4,500
(J)(I)(1) Subject to division (J)(I)(2) of this section, 4,503
all support orders that are administered by a child support 4,504
enforcement agency designated under this section and are eligible 4,505
for Title IV-D services shall be Title IV-D cases under Title 4,506
IV-D of the "Social Security Act." Subject to division (J)(I)(2) 4,508
of this section, all obligees of support orders administered by 4,509
109
the child support enforcement agency shall be considered to have 4,510
filed a signed application for Title IV-D services. 4,511
(2) A court that, on or after July 1, 1990, issues or 4,513
modifies a support order shall require the obligee under the 4,514
order to sign, at the time of the issuance or modification of the 4,515
order, an application for Title IV-D services and to file, as 4,516
soon as possible, the signed application with the child support 4,517
enforcement agency that will administer the order. The 4,518
application shall be on a form prescribed by the department of 4,519
human services. A support order that is issued or modified on or 4,520
after July 1, 1990, that is administered by a child support 4,521
enforcement agency, and that is eligible for Title IV-D services 4,522
shall be a Title IV-D case under Title IV-D of the "Social 4,523
Security Act" only upon the filing of the signed application for 4,524
Title IV-D services. 4,525
(3) A child support enforcement agency shall make 4,527
available an application for Title IV-D services to all persons 4,528
requesting a child support enforcement agency's assistance in an 4,529
action under sections 3111.01 to 3111.19 of the Revised Code or 4,530
in an administrative proceeding brought under sections 3111.20 to 4,531
3111.29 of the Revised Code. 4,532
(K)(J)(1) As used in this section, "current support 4,534
payment" means the amount of support due an obligee that an 4,535
obligor is required to pay in a particular payment for the 4,536
current month as specified in a support order. "Current support 4,537
payment" does not include payments on arrearages under the 4,538
support order.
(2) As used in the Revised Code, "child support 4,540
enforcement agency" means the child support enforcement agency 4,541
designated under this section, INCLUDING A GOVERNMENT ENTITY THAT 4,542
BECOMES A CHILD SUPPORT ENFORCEMENT AGENCY PURSUANT TO DIVISION 4,543
(D) OF SECTION 307.98 OF THE REVISED CODE. 4,544
Sec. 2301.351. (A) Each child support enforcement agency 4,553
designated under section 2301.35 of the Revised Code shall report 4,554
110
to the director of human services or to the county director of 4,555
human services the amounts of support payments required by a 4,556
court-ordered support order or an administrative support order to 4,557
be made to each person whose name or social security number or 4,558
other identification number is the same as that of a recipient of 4,559
public assistance whose name is submitted to the agency by the 4,560
director under section 5101.36 of the Revised Code. The agency 4,561
also shall report the name and social security number or other 4,562
identification number of the person responsible for the support 4,563
payments and the amounts of support payments made to third 4,564
parties on behalf of such persons, except for payments made to 4,565
the county department of human services. The agency shall comply 4,566
with the rules of the department of human services restricting 4,567
the disclosure of information concerning recipients of public 4,568
assistance. 4,569
(B) Each court or child support enforcement agency that 4,571
issues a court-ordered support order or an administrative support 4,572
order for the payment of support pursuant to Chapter 3115. or 4,573
section 2151.23, 2151.231, 2151.33, 3105.18, 3105.21, 3109.05, 4,574
3109.19, 3111.13, 3111.20, 3111.21, 3111.22, 3111.23, 3113.04, or 4,578
3113.31 of the Revised Code shall report to the director of human 4,579
services the name, address, and social security number or other 4,580
identification number of each person responsible for the support 4,581
payments under the support order, regardless of whether the 4,582
person to whom payments are to be made is a recipient of public 4,583
assistance. The report also shall indicate whether the support 4,584
order is being administered by the child support enforcement 4,585
agency of the county. 4,586
(C) The reports sent to the director pursuant to divisions 4,588
(A) and (B) of this section shall be maintained in accordance 4,589
with section 5101.311 of the Revised Code in an alphabetical list 4,590
of support orders by the division of child support in the 4,591
department of human services. 4,592
(D) For the purposes of this section: 4,594
111
(1) "Public assistance" means medical assistance under 4,596
section 5111.01 of the Revised Code, aid to dependent children 4,598
OHIO WORKS FIRST under Chapter 5107. of the Revised Code, or
disability assistance under Chapter 5115. of the Revised Code. 4,600
(2) "Administrative support order" means a support order 4,602
issued by a child support enforcement agency pursuant to section 4,603
3111.20, 3111.21, 3111.22, or 3111.23 of the Revised Code. 4,604
Sec. 2301.357. (A) Each child support enforcement agency 4,614
shall adopt a paternity compliance plan, establish a paternity 4,615
compliance unit, and submit the adopted plan to the division of 4,616
support of the department of human services in accordance with 4,617
the rules adopted pursuant to section 5101.324 of the Revised 4,618
Code, except that, if a child support enforcement agency 4,619
submitted a CORRECTIVE ACTION plan to the department pursuant to 4,620
division (E)(2) (A)(1) of section 2301.35 5101.24 of the Revised 4,622
Code and if that plan is currently in effect, the agency is not 4,624
required to comply with this division. 4,625
(B) The department of human services shall enter into a 4,627
contract with the department of health that requires the 4,628
department of health to enter into a contract with local 4,629
hospitals for the provision of staff by the hospitals to meet 4,630
with unmarried women who give birth in or en route to the 4,631
particular hospital. The contract between the department of 4,632
human services and the department of health shall provide for 4,633
reimbursement to the hospitals for the administrative cost of 4,634
providing staff to meet the responsibilities set forth in section 4,635
3727.17 of the Revised Code. The contract between the department 4,636
of health and a local hospital shall require all of the 4,637
following: 4,638
(1) That a hospital staff person meet with each unmarried 4,640
mother who gave birth in or en route to the hospital within 4,641
twenty-four hours of the birth or before the mother is released 4,642
from the hospital; 4,643
(2) That the staff person attempt to meet with the father 4,645
112
of the unmarried mother's child if possible; 4,646
(3) That the staff person explain to the unmarried mother 4,648
and the father, if he is present, the benefit to the child of 4,649
establishing a parent and child relationship between the father 4,650
and the child and the various proper procedures for establishing 4,651
a parent and child relationship; 4,652
(4) That the staff person present to the unmarried mother 4,654
and, if possible, the father a pamphlet or statement regarding 4,655
the rights and responsibilities of a natural parent that is 4,656
prepared and provided by the department of human services; 4,657
(5) That the staff person provide the mother and, if 4,659
possible, the father, all forms, statements, and agreements 4,660
necessary to voluntarily establish a parent and child 4,661
relationship, including, but not limited to, the acknowledgment 4,662
of paternity required by section 2105.18 of the Revised Code and 4,663
the voluntary agreement to be bound by the results of genetic 4,664
testing described in section 3111.21 of the Revised Code; 4,665
(6) That the staff person, at the request of both the 4,667
mother and father, help the mother and father complete any form, 4,668
statement, or agreement necessary to establish a parent and child 4,669
relationship; 4,670
(7) That the staff person present to an unmarried mother 4,672
who is not a recipient of medicaid or aid to dependent children 4,673
ASSISTANCE UNDER CHAPTER 5107. OR 5111. OF THE REVISED CODE an 4,674
application for Title IV-D services; 4,675
(8) That the staff person forward any completed 4,677
acknowledgment of paternity to the probate court in the county in 4,678
which the child or the guardian or legal custodian of the child 4,679
resides. 4,680
Sec. 2301.36. (A) Upon issuing or modifying a support 4,689
order, issuing any withholding or deduction notice described in 4,690
division (D) of section 3113.21 of the Revised Code, or issuing a 4,691
court order described in division (D)(6) or (7) of that section, 4,692
the court shall require that support payments be made to the 4,693
113
child support enforcement agency of the county as trustee for 4,694
remittance to the person entitled to receive payments, except as 4,695
otherwise provided in sections 2151.49 and 3113.07 of the Revised 4,696
Code. Any payment of money by the person responsible for the 4,697
support payments under a support order to the person entitled to 4,698
receive the support payments that is not made to the child 4,699
support enforcement agency in accordance with the applicable 4,700
support order shall not be considered as a payment of support 4,701
and, unless the payment is made to discharge an obligation other 4,702
than support, shall be deemed to be a gift. Section 329.043 and 4,703
division (C) of section 3113.211 of the Revised Code apply to 4,704
support payments made to the child support enforcement agency. 4,705
(B) Upon issuing or modifying a support order, issuing any 4,707
withholding or deduction notice described in division (D) of 4,708
section 3113.21 of the Revised Code, or issuing a court order 4,709
described in division (D)(6) or (7) of that section or at any 4,710
time after the issuance or modification of the order, the court 4,711
may order the child support enforcement agency to transmit the 4,712
payments or make them payable to any third person that is either 4,713
agreed upon by the parties and approved by the court or appointed 4,714
by the court. Third persons include, but are not limited to, a 4,715
trustee, a custodian, the guardian of the estate of the child, 4,716
the county department of human services, county children's PUBLIC 4,717
CHILDREN services board AGENCY, or any appropriate social agency. 4,719
(C) Any person named pursuant to division (B) of this 4,721
section is entitled to receive the support payments. The court 4,722
may allow the person to receive a reasonable fee for services 4,723
rendered pursuant to this section. The person shall make 4,724
financial reports in connection with these services at the time 4,725
and in the manner prescribed by the court or as required by law. 4,726
(D) The parties affected by the support order shall inform 4,728
the child support enforcement agency of any change of name or 4,729
address or other change of conditions that may affect the 4,730
administration of the order. 4,731
114
(E) Any person entitled to receive support payments either 4,733
personally or on behalf of another person, by reason of any 4,734
support order that does not direct that payments be made to the 4,735
child support enforcement agency, may apply to the appropriate 4,736
agency for the administration of the order. Upon receipt of the 4,737
application, the agency has the same powers to administer the 4,738
order as it would have had if the order had been entered under 4,739
division (A) of this section. The agency shall notify the 4,740
obligor by any method of service authorized under the Civil Rules 4,741
to make all support payments due after service of the notice upon 4,742
him THE OBLIGOR to the agency. An obligor so notified by a child 4,744
support enforcement agency shall make all subsequent payments to 4,745
the agency unless the involved court, upon the obligor's 4,746
application filed within thirty days after service of the notice 4,747
upon him THE OBLIGOR, orders the agency not to administer the 4,748
support order.
Sec. 2301.372. If a court or a child support enforcement 4,758
agency fails to comply with the requirements of section 2301.37 4,759
or 3113.21 of the Revised Code and if the rights to support have 4,760
been assigned to the department of human services under section 4,761
5107.07 5107.11 of the Revised Code or the responsibility for the 4,763
collection of support has been assumed under Title IV-D of the 4,764
"Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as 4,765
amended, the child support enforcement agency shall, unless the 4,766
office of the prosecuting attorney has been designated as the 4,767
child support enforcement agency for the county under section 4,768
2301.35 of the Revised Code, notify the prosecuting attorney of 4,769
the county in which the obligee resides. If the office of the 4,770
prosecuting attorney has been designated as the child support 4,771
enforcement agency, the board of county commissioners of the 4,772
county shall seek a writ of mandamus under Chapter 2731. of the 4,773
Revised Code directing the prosecuting attorney to comply with 4,774
the requirements of this section and section 2301.37 or 3113.21 4,775
of the Revised Code. Upon receipt of the notice or the issuance 4,776
115
of the writ of mandamus, the prosecuting attorney shall commence 4,777
either or both of the following: 4,778
(A) Proceedings under section 3113.21 of the Revised Code 4,780
requesting the issuance of one or more orders under division (D) 4,781
of that section; 4,782
(B) A civil action in the small claims division of the 4,784
municipal or county court within whose jurisdiction the obligor 4,785
resides. 4,786
Sec. 2329.66. (A) Every person who is domiciled in this 4,795
state may hold property exempt from execution, garnishment, 4,796
attachment, or sale to satisfy a judgment or order, as follows: 4,797
(1)(a) In the case of a judgment or order regarding money 4,799
owed for health care services rendered or health care supplies 4,800
provided to the person or a dependent of the person, one parcel 4,801
or item of real or personal property that the person or a 4,802
dependent of the person uses as a residence. Division (A)(1)(a) 4,803
of this section does not preclude, affect, or invalidate the 4,804
creation under this chapter of a judgment lien upon the exempted 4,805
property but only delays the enforcement of the lien until the 4,806
property is sold or otherwise transferred by the owner or in 4,807
accordance with other applicable laws to a person or entity other 4,808
than the surviving spouse or surviving minor children of the 4,809
judgment debtor. Every person who is domiciled in this state may 4,810
hold exempt from a judgment lien created pursuant to division 4,811
(A)(1)(a) of this section the person's interest, not to exceed 4,812
five thousand dollars, in the exempted property. 4,813
(b) In the case of all other judgments and orders, the 4,815
person's interest, not to exceed five thousand dollars, in one 4,816
parcel or item of real or personal property that the person or a 4,817
dependent of the person uses as a residence. 4,818
(2) The person's interest, not to exceed one thousand 4,820
dollars, in one motor vehicle; 4,821
(3) The person's interest, not to exceed two hundred 4,823
dollars in any particular item, in wearing apparel, beds, and 4,824
116
bedding, and the person's interest, not to exceed three hundred 4,825
dollars in each item, in one cooking unit and one refrigerator or 4,826
other food preservation unit; 4,827
(4)(a) The person's interest, not to exceed four hundred 4,829
dollars, in cash on hand, money due and payable, money to become 4,830
due within ninety days, tax refunds, and money on deposit with a 4,831
bank, savings and loan association, credit union, public utility, 4,832
landlord, or other person. Division (A)(4)(a) of this section 4,833
applies only in bankruptcy proceedings. This exemption may 4,834
include the portion of personal earnings that is not exempt under 4,835
division (A)(13) of this section. 4,836
(b) Subject to division (A)(4)(d) of this section, the 4,838
person's interest, not to exceed two hundred dollars in any 4,839
particular item, in household furnishings, household goods, 4,840
appliances, books, animals, crops, musical instruments, firearms, 4,841
and hunting and fishing equipment, that are held primarily for 4,842
the personal, family, or household use of the person. 4,843
(c) Subject to division (A)(4)(d) of this section, the 4,845
person's interest in one or more items of jewelry, not to exceed 4,846
four hundred dollars in one item of jewelry and not to exceed two 4,847
hundred dollars in every other item of jewelry. 4,848
(d) Divisions (A)(4)(b) and (c) of this section do not 4,850
include items of personal property listed in division (A)(3) of 4,851
this section. 4,852
If the person does not claim an exemption under division 4,854
(A)(1) of this section, the total exemption claimed under 4,855
division (A)(4)(b) of this section shall be added to the total 4,856
exemption claimed under division (A)(4)(c) of this section, and 4,857
the total shall not exceed two thousand dollars. If the person 4,858
claims an exemption under division (A)(1) of this section, the 4,859
total exemption claimed under division (A)(4)(b) of this section 4,860
shall be added to the total exemption claimed under division 4,861
(A)(4)(c) of this section, and the total shall not exceed one 4,862
thousand five hundred dollars. 4,863
117
(5) The person's interest, not to exceed an aggregate of 4,865
seven hundred fifty dollars, in all implements, professional 4,866
books, or tools of the person's profession, trade, or business, 4,867
including agriculture; 4,869
(6)(a) The person's interest in a beneficiary fund set 4,871
apart, appropriated, or paid by a benevolent association or 4,872
society, as exempted by section 2329.63 of the Revised Code; 4,873
(b) The person's interest in contracts of life or 4,875
endowment insurance or annuities, as exempted by section 3911.10 4,876
of the Revised Code; 4,877
(c) The person's interest in a policy of group insurance 4,879
or the proceeds of a policy of group insurance, as exempted by 4,880
section 3917.05 of the Revised Code; 4,881
(d) The person's interest in money, benefits, charity, 4,883
relief, or aid to be paid, provided, or rendered by a fraternal 4,884
benefit society, as exempted by section 3921.18 of the Revised 4,885
Code; 4,886
(e) The person's interest in the portion of benefits under 4,888
policies of sickness and accident insurance and in lump-sum 4,889
payments for dismemberment and other losses insured under those 4,890
policies, as exempted by section 3923.19 of the Revised Code. 4,891
(7) The person's professionally prescribed or medically 4,893
necessary health aids; 4,894
(8) The person's interest in a burial lot, including, but 4,896
not limited to, exemptions under section 517.09 or 1721.07 of the 4,897
Revised Code; 4,898
(9) The person's interest in the following: 4,900
(a) Moneys paid or payable for living maintenance or 4,902
rights, as exempted by section 3304.19 of the Revised Code; 4,903
(b) Workers' compensation, as exempted by section 4123.67 4,906
of the Revised Code; 4,907
(c) Unemployment compensation benefits, as exempted by 4,909
section 4141.32 of the Revised Code; 4,910
(d) Aid to dependent children OHIO WORKS FIRST payments, 4,913
118
as exempted by section 5107.12 of the Revised Code; 4,914
(e) Disability assistance payments, as exempted by section 4,916
5115.07 of the Revised Code. 4,917
(10)(a) Except in cases in which the person was convicted 4,919
of or pleaded guilty to a violation of section 2921.41 of the 4,920
Revised Code and in which an order for the withholding of 4,921
restitution from payments was issued under division (C)(2)(b) of 4,922
that section or in cases in which an order for withholding was 4,923
issued under section 2907.15 of the Revised Code, and only to the 4,924
extent provided in the order, and except as provided in sections 4,928
2929.181, 3105.171, 3105.63, 3111.23, and 3113.21 of the Revised 4,929
Code, the person's right to a pension, benefit, annuity, 4,930
retirement allowance, or accumulated contributions, the person's 4,931
right to a participant account in any deferred compensation 4,932
program offered by the Ohio public employees deferred 4,933
compensation board, a government unit, or a municipal 4,934
corporation, or the person's other accrued or accruing rights, as 4,935
exempted by section 145.56, 145.75, 146.13, 742.47, 3307.71, 4,936
3309.66, or 5505.22 of the Revised Code, and the person's right 4,937
to benefits from the firemen and policemen's death benefit fund; 4,938
(b) Except as provided in sections 3111.23 and 3113.21 of 4,941
the Revised Code, the person's right to receive a payment under 4,942
any pension, annuity, or similar plan or contract, not including 4,943
a payment from a stock bonus or profit-sharing plan or a payment 4,944
included in division (A)(6)(b) or (10)(a) of this section, on 4,945
account of illness, disability, death, age, or length of service, 4,946
to the extent reasonably necessary for the support of the person 4,947
and any of the person's dependents, except if all the following 4,948
apply: 4,949
(i) The plan or contract was established by or under the 4,951
auspices of an insider that employed the person at the time the 4,952
person's rights under the plan or contract arose. 4,953
(ii) The payment is on account of age or length of 4,955
service. 4,956
119
(iii) The plan or contract is not qualified under the 4,958
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as 4,959
amended. 4,960
(c) Except for any portion of the assets that were 4,962
deposited for the purpose of evading the payment of any debt and 4,963
except as provided in sections 3111.23 and 3113.21 of the Revised 4,965
Code, the person's right in the assets held in, or to receive any 4,966
payment under, any individual retirement account, individual 4,967
retirement annuity, or Keogh or "H.R. 10" plan that provides 4,968
benefits by reason of illness, disability, death, or age, to the 4,969
extent reasonably necessary for the support of the person and any 4,970
of the person's dependents. 4,971
(11) The person's right to receive spousal support, child 4,973
support, an allowance, or other maintenance to the extent 4,974
reasonably necessary for the support of the person and any of the 4,975
person's dependents; 4,977
(12) The person's right to receive, or moneys received 4,979
during the preceding twelve calendar months from, any of the 4,980
following: 4,981
(a) An award of reparations under sections 2743.51 to 4,983
2743.72 of the Revised Code, to the extent exempted by division 4,984
(D) of section 2743.66 of the Revised Code; 4,985
(b) A payment on account of the wrongful death of an 4,987
individual of whom the person was a dependent on the date of the 4,988
individual's death, to the extent reasonably necessary for the 4,989
support of the person and any of the person's dependents; 4,990
(c) Except in cases in which the person who receives the 4,992
payment is an inmate, as defined in section 2969.21 of the 4,993
Revised Code, and in which the payment resulted from a civil 4,994
action or appeal against a government entity or employee, as 4,995
defined in section 2969.21 of the Revised Code, a payment, not to
exceed five thousand dollars, on account of personal bodily 4,997
injury, not including pain and suffering or compensation for 4,998
actual pecuniary loss, of the person or an individual for whom 4,999
120
the person is a dependent;
(d) A payment in compensation for loss of future earnings 5,001
of the person or an individual of whom the person is or was a 5,002
dependent, to the extent reasonably necessary for the support of 5,003
the debtor and any of the debtor's dependents. 5,004
(13) Except as provided in sections 3111.23 and 3113.21 of 5,007
the Revised Code, personal earnings of the person owed to the
person for services rendered within thirty days before the 5,009
issuing of an attachment or other process, the rendition of a 5,010
judgment, or the making of an order, under which the attempt may 5,011
be made to subject those earnings to the payment of a debt, 5,012
damage, fine, or amercement, in an amount equal to the greater of 5,013
the following amounts:
(a) If paid weekly, thirty times the current federal 5,015
minimum hourly wage; if paid biweekly, sixty times the current 5,016
federal minimum hourly wage; if paid semimonthly, sixty-five 5,017
times the current federal minimum hourly wage; or if paid 5,018
monthly, one hundred thirty times the current federal minimum 5,019
hourly wage that is in effect at the time the earnings are 5,020
payable, as prescribed by the "Fair Labor Standards Act of 1938," 5,021
52 Stat. 1060, 29 U.S.C. 206(a)(1), as amended; 5,022
(b) Seventy-five per cent of the disposable earnings owed 5,024
to the person. 5,025
(14) The person's right in specific partnership property, 5,027
as exempted by division (B)(3) of section 1775.24 of the Revised 5,028
Code; 5,029
(15) A seal and official register of a notary public, as 5,031
exempted by section 147.04 of the Revised Code; 5,032
(16) The person's interest in a tuition credit or a 5,034
payment under section 3334.09 of the Revised Code pursuant to a 5,035
tuition credit contract, as exempted by section 3334.15 of the 5,036
Revised Code;
(17) Any other property that is specifically exempted from 5,038
execution, attachment, garnishment, or sale by federal statutes 5,039
121
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 5,040
U.S.C.A. 101, as amended; 5,041
(18) The person's interest, not to exceed four hundred 5,043
dollars, in any property, except that division (A)(18) of this 5,044
section applies only in bankruptcy proceedings. 5,045
(B) As used in this section: 5,047
(1) "Disposable earnings" means net earnings after the 5,049
garnishee has made deductions required by law, excluding the 5,050
deductions ordered pursuant to section 3111.23 or 3113.21 of the 5,052
Revised Code. 5,053
(2) "Insider" means: 5,055
(a) If the person who claims an exemption is an 5,057
individual, a relative of the individual, a relative of a general 5,058
partner of the individual, a partnership in which the individual 5,059
is a general partner, a general partner of the individual, or a 5,060
corporation of which the individual is a director, officer, or in 5,061
control; 5,062
(b) If the person who claims an exemption is a 5,064
corporation, a director or officer of the corporation; a person 5,065
in control of the corporation; a partnership in which the 5,066
corporation is a general partner; a general partner of the 5,067
corporation; or a relative of a general partner, director, 5,068
officer, or person in control of the corporation; 5,069
(c) If the person who claims an exemption is a 5,071
partnership, a general partner in the partnership; a general 5,072
partner of the partnership; a person in control of the 5,073
partnership; a partnership in which the partnership is a general 5,074
partner; or a relative in, a general partner of, or a person in 5,075
control of the partnership; 5,076
(d) An entity or person to which or whom any of the 5,078
following applies: 5,079
(i) The entity directly or indirectly owns, controls, or 5,081
holds with power to vote, twenty per cent or more of the 5,082
outstanding voting securities of the person who claims an 5,083
122
exemption, unless the entity holds the securities in a fiduciary 5,084
or agency capacity without sole discretionary power to vote the 5,085
securities or holds the securities solely to secure to debt and 5,086
the entity has not in fact exercised the power to vote. 5,087
(ii) The entity is a corporation, twenty per cent or more 5,089
of whose outstanding voting securities are directly or indirectly 5,090
owned, controlled, or held with power to vote, by the person who 5,091
claims an exemption or by an entity to which division 5,092
(B)(2)(d)(i) of this section applies. 5,093
(iii) A person whose business is operated under a lease or 5,095
operating agreement by the person who claims an exemption, or a 5,096
person substantially all of whose business is operated under an 5,097
operating agreement with the person who claims an exemption. 5,098
(iv) The entity operates the business or all or 5,100
substantially all of the property of the person who claims an 5,101
exemption under a lease or operating agreement. 5,102
(e) An insider, as otherwise defined in this section, of a 5,104
person or entity to which division (B)(2)(d)(i), (ii), (iii), or 5,105
(iv) of this section applies, as if the person or entity were a 5,106
person who claims an exemption; 5,107
(f) A managing agent of the person who claims an 5,109
exemption. 5,110
(3) "Participant account" has the same meaning as in 5,112
section 145.71 of the Revised Code. 5,113
(4) "Government unit" has the same meaning as in section 5,115
145.74 of the Revised Code. 5,116
(C) For purposes of this section, "interest" shall be 5,118
determined as follows: 5,119
(1) In bankruptcy proceedings, as of the date a petition 5,121
is filed with the bankruptcy court commencing a case under Title 5,122
11 of the United States Code; 5,123
(2) In all cases other than bankruptcy proceedings, as of 5,125
the date of an appraisal, if necessary under section 2329.68 of 5,126
the Revised Code, or the issuance of a writ of execution. 5,127
123
An interest, as determined under division (C)(1) or (2) of 5,129
this section, shall not include the amount of any lien otherwise 5,130
valid pursuant to section 2329.661 of the Revised Code. 5,131
Sec. 2715.041. (A) Upon the filing of a motion for an 5,140
order of attachment pursuant to section 2715.03 of the Revised 5,141
Code, the plaintiff shall file with the clerk of the court a 5,142
praecipe instructing the clerk to issue to the defendant against 5,143
whom the motion was filed a notice of the proceeding. Upon 5,144
receipt of the praecipe, the clerk shall issue the notice which 5,145
shall be in substantially the following form: 5,146
"(Name and Address of Court) 5,148
Case No................... 5,149
(Case Caption) 5,151
NOTICE 5,153
You are hereby notified that (name and address of 5,155
plaintiff), the plaintiff in this proceeding, has applied to this 5,156
court for the attachment of property in your possession. The 5,157
basis for this application is indicated in the documents that are 5,158
enclosed with this notice. 5,159
The law of Ohio and the United States provides that certain 5,161
benefit payments cannot be taken from you to pay a debt. Typical 5,162
among the benefits that cannot be attached or executed on by a 5,163
creditor are: 5,164
(1) Workers' compensation benefits; 5,166
(2) Unemployment compensation payments; 5,168
(3) Aid to dependent children (A.D.C.) OHIO WORKS FIRST; 5,171
(4) Disability assistance administered by the Ohio 5,173
department of human services; 5,174
(5) Social security benefits; 5,176
(6) Supplemental security income (S.S.I.); 5,178
(7) Veteran's benefits; 5,180
(8) Black lung benefits; 5,182
(9) Certain pensions. 5,184
Additionally, your wages never can be taken to pay a debt 5,186
124
until a judgment has been obtained against you. There may be 5,187
other benefits not included in this list that apply in your case. 5,188
If you dispute the plaintiff's claim and believe that you 5,190
are entitled to retain possession of the property because it is 5,191
exempt or for any other reason, you may request a hearing before 5,192
this court by disputing the claim in the request for hearing form 5,193
appearing below, or in a substantially similar form, and 5,194
delivering the request for the hearing to this court, at the 5,195
office of the clerk of this court, not later than the end of the 5,196
fifth business day after you receive this notice. You may state 5,197
your reasons for disputing the claim in the space provided on the 5,198
form, but you are not required to do so. If you do state your 5,199
reasons for disputing the claim in the space provided on the 5,200
form, you are not prohibited from stating any other reasons at 5,201
the hearing, and if you do not state your reasons, it will not be 5,202
held against you by the court and you can state your reasons at 5,203
the hearing. 5,204
If you request a hearing, it will be conducted in 5,206
................... courtroom ........, (address of court), at 5,207
.............m. on ............., 19..... 5,208
You may avoid having a hearing but retain possession of the 5,210
property until the entry of final judgment in the action by 5,211
filing with the court, at the office of the clerk of this court, 5,212
not later than the end of the fifth business day after you 5,213
receive this notice, a bond executed by an acceptable surety in 5,214
the amount of $............ 5,215
If you do not request a hearing or file a bond on or before 5,217
the end of the fifth business day after you receive this notice, 5,218
the court, without further notice to you, may order a law 5,219
enforcement officer or bailiff to take possession of the 5,220
property. Notice of the dates, times, places, and purposes of 5,221
any subsequent hearings and of the date, time, and place of the 5,222
trial of the action will be sent to you. 5,223
.............................. 5,225
125
Clerk of the Court 5,226
Date: ......................." 5,227
(B) Along with the notice required by division (A) of this 5,229
section, the clerk of the court also shall deliver to the 5,230
defendant, in accordance with division (C) of this section, a 5,231
request for hearing form together with a postage-paid, 5,232
self-addressed envelope or a request for hearing form on a 5,233
postage-paid, self-addressed postcard. The request for hearing 5,234
shall be in substantially the following form: 5,235
"(Name and Address of Court) 5,237
Case Number ....................... Date ............... 5,239
REQUEST FOR HEARING 5,241
I dispute the claim for the attachment of property in the 5,243
above case and request that a hearing in this matter be held at 5,244
the time and place set forth in the notice that I previously 5,245
received. 5,246
I dispute the claim for the following reasons: 5,248
................................................................. 5,250
(Optional) 5,252
................................................................. 5,254
................................................................. 5,256
.............................. 5,257
(Name of Defendant) 5,258
............................. 5,260
(Signature) 5,261
.............................. 5,262
(Date) 5,263
5,264
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 5,266
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 5,267
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 5,268
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY 5,269
BE REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING." 5,270
(C) The notice required by division (A) of this section 5,272
126
shall be served on the defendant in duplicate not less than seven 5,273
business days prior to the date on which the hearing is 5,274
scheduled, together with a copy of the complaint and summons, if 5,275
not previously served, and a copy of the motion for the 5,276
attachment of property and the affidavit attached to the motion, 5,277
in the same manner as provided in the Rules of Civil Procedure 5,278
for the service of process. Service may be effected by 5,279
publication as provided in the Rules of Civil Procedure except 5,280
that the number of weeks for publication may be reduced by the 5,281
court to the extent appropriate. 5,282
Sec. 2715.045. (A) Upon the filing of a motion for 5,291
attachment, a court may issue an order of attachment without 5,292
issuing notice to the defendant against whom the motion was filed 5,293
and without conducting a hearing if the court finds that there is 5,294
probable cause to support the motion and that the plaintiff that 5,295
filed the motion for attachment will suffer irreparable injury if 5,296
the order is delayed until the defendant against whom the motion 5,297
has been filed has been given the opportunity for a hearing. The 5,298
court's findings shall be based upon the motion and affidavit 5,299
filed pursuant to section 2715.03 of the Revised Code and any 5,300
other relevant evidence that it may wish to consider. 5,301
(B) A finding by the court that the plaintiff will suffer 5,303
irreparable injury may be made only if the court finds the 5,304
existence of either of the following circumstances: 5,305
(1) There is present danger that the property will be 5,307
immediately disposed of, concealed, or placed beyond the 5,308
jurisdiction of the court. 5,309
(2) The value of the property will be impaired 5,311
substantially if the issuance of an order of attachment is 5,312
delayed. 5,313
(C)(1) Upon the issuance by a court of an order of 5,315
attachment without notice and hearing pursuant to this section, 5,316
the plaintiff shall file the order with the clerk of the court, 5,317
together with a praecipe instructing the clerk to issue to the 5,318
127
defendant against whom the order was issued a copy of the motion, 5,319
affidavit, and order of attachment, and a notice that an order of 5,320
attachment was issued and that the defendant has a right to a 5,321
hearing on the matter. The clerk then immediately shall serve 5,322
upon the defendant, in the manner provided by the Rules of Civil 5,323
Procedure for service of process, a copy of the complaint and 5,324
summons, if not previously served, a copy of the motion, 5,325
affidavit, and order of attachment, and the following notice: 5,326
"(Name and Address of the Court) 5,328
(Case Caption) Case No. ..................... 5,330
NOTICE 5,333
You are hereby notified that this court has issued an order 5,335
in the above case in favor of (name and address of plaintiff), 5,336
the plaintiff in this proceeding, directing that property now in 5,337
your possession, be taken from you. This order was issued on the 5,338
basis of the plaintiff's claim against you as indicated in the 5,339
documents that are enclosed with this notice. 5,340
The law of Ohio and the United States provides that certain 5,342
benefit payments cannot be taken from you to pay a debt. Typical 5,343
among the benefits that cannot be attached or executed on by a 5,344
creditor are: 5,345
(1) Workers' compensation benefits; 5,347
(2) Unemployment compensation payments; 5,349
(3) Aid to dependent children (A.D.C.) OHIO WORKS FIRST; 5,352
(4) Disability assistance administered by the Ohio 5,354
department of human services; 5,355
(5) Social security benefits; 5,357
(6) Supplemental security income (S.S.I.); 5,359
(7) Veteran's benefits; 5,361
(8) Black lung benefits; 5,363
(9) Certain pensions. 5,365
Additionally, your wages never can be taken to pay a debt 5,367
until a judgment has been obtained against you. There may be 5,368
other benefits not included in this list that apply in your case. 5,369
128
If you dispute the plaintiff's claim and believe that you 5,371
are entitled to possession of the property because it is exempt 5,372
or for any other reason, you may request a hearing before this 5,373
court by disputing the claim in the request for hearing form, 5,374
appearing below, or in a substantially similar form, and 5,375
delivering the request for hearing to this court at the above 5,376
address, at the office of the clerk of this court, no later than 5,377
the end of the fifth business day after you receive this notice. 5,378
You may state your reasons for disputing the claim in the space 5,379
provided on the form; however, you are not required to do so. If 5,380
you do state your reasons for disputing the claim, you are not 5,381
prohibited from stating any other reasons at the hearing, and if 5,382
you do not state your reasons, it will not be held against you by 5,383
the court and you can state your reasons at the hearing. If you 5,384
request a hearing, it will be held within three business days 5,385
after delivery of your request for hearing and notice of the 5,386
date, time, and place of the hearing will be sent to you. 5,387
You may avoid a hearing but recover and retain possession 5,389
of the property until the entry of final judgment in the action 5,390
by filing with the court, at the office of the clerk of this 5,391
court, not later than the end of the fifth business day after you 5,392
receive this notice, a bond executed by an acceptable surety in 5,393
the amount of $......... 5,394
If you do not request a hearing or file a bond before the 5,396
end of the fifth business day after you receive this notice, 5,397
possession of the property will be withheld from you during the 5,398
pendency of the action. Notice of the dates, times, places, and 5,399
purposes of any subsequent hearings and of the date, time, and 5,400
place of the trial of the action will be sent to you. 5,401
.............................. 5,402
Clerk of the Court 5,403
.............................. 5,404
Date" 5,405
(2) Along with the notice required by division (C)(1) of 5,407
129
this section, the clerk of the court also shall deliver to the 5,408
defendant a request for hearing form together with a 5,409
postage-paid, self-addressed envelope or a request for hearing 5,410
form on a postage-paid, self-addressed postcard. The request for 5,411
hearing shall be in substantially the following form: 5,412
"(Name and Address of Court) 5,414
Case Number ...................... Date ............. 5,416
REQUEST FOR HEARING 5,418
I dispute the claim for possession of property in the above 5,420
case and request that a hearing in this matter be held within 5,421
three business days after delivery of this request to the court. 5,422
I dispute the claim for the following reasons: 5,424
................................................................. 5,426
(Optional) 5,428
................................................................. 5,430
................................................................. 5,432
.............................. 5,434
(Name of Defendant) 5,435
.............................. 5,436
(Signature) 5,437
.............................. 5,438
(Date) 5,439
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 5,441
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 5,442
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 5,443
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AND POSSESSION OF THE 5,444
PROPERTY WILL BE WITHHELD FROM YOU DURING THE PENDENCY OF THE 5,445
ACTION." 5,446
(D) The defendant may receive a hearing in accordance with 5,448
section 2715.043 of the Revised Code by delivering a written 5,449
request for hearing to the court within five business days after 5,450
receipt of the notice provided pursuant to division (C) of this 5,451
section. The request may set forth the defendant's reasons for 5,452
disputing the plaintiff's claim for possession of property. 5,453
130
However, neither the defendant's inclusion of nor his failure to 5,455
include such reasons upon the request constitutes a waiver of any 5,456
defense of the defendant or affects the defendant's right to 5,457
produce evidence at any hearing or at the trial of the action. If 5,459
the request is made by the defendant, the court shall schedule a 5,460
hearing within three business days after the request is made,
send notice to the parties of the date, time, and place of the 5,461
hearing, and hold the hearing accordingly. 5,462
(E) If, after hearing, the court finds that there is not 5,464
probable cause to support the motion, it shall order that the 5,465
property be redelivered to the defendant without the condition of 5,466
bond. 5,467
Sec. 2716.13. (A) Upon the filing of a proceeding in 5,476
garnishment of property, other than personal earnings, under 5,477
section 2716.11 of the Revised Code, the court shall cause the 5,478
matter to be set for hearing within twelve days thereafter. 5,479
(B) Upon the scheduling of a hearing relative to a 5,481
proceeding in garnishment of property, other than personal 5,482
earnings, under division (A) of this section, the clerk of the 5,483
court immediately shall issue to the garnishee three copies of 5,484
the order of garnishment of property, other than personal 5,485
earnings, together with the garnishee's fee required by section 5,486
2716.12 of the Revised Code and with a written notice that the 5,487
garnishee answer as provided in section 2716.21 of the Revised 5,488
Code. The copies of the order and notice shall be served upon 5,489
the garnishee in the same manner as for the service of a summons. 5,490
In no case shall the order and notice be served later than seven 5,491
days prior to the date on which the hearing is scheduled. The 5,492
order shall bind the property, other than personal earnings, of 5,493
the judgment debtor in the possession of the garnishee at the 5,494
time of service. 5,495
The order of garnishment of property, other than personal 5,497
earnings, and notice to answer, three copies of which shall be 5,498
served upon the garnishee, shall be in substantially the 5,499
131
following form: 5,500
"ORDER AND NOTICE OF GARNISHMENT 5,502
OF PROPERTY OTHER THAN PERSONAL EARNINGS 5,503
AND ANSWER OF GARNISHEE 5,504
Docket No. ............. 5,506
Case No. ............... 5,507
In the ........... Court 5,508
.................., Ohio 5,509
The State of Ohio 5,510
County of ............, ss 5,511
..................., Judgment Creditor 5,512
vs 5,513
..................., Judgment Debtor 5,514
SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT 5,515
To: ...................., Garnishee 5,516
The judgment creditor in the above case has filed an 5,518
affidavit, satisfactory to the undersigned, in the .............. 5,519
Court stating that you have money, property, or credits, other 5,520
than personal earnings, in your hands or under your control that 5,521
belong to the judgment debtor in the case, and that some of the 5,522
money, property, or credits may not be exempt from execution or 5,523
garnishment under the laws of the State of Ohio or the laws of 5,524
the United States. 5,525
You are therefore ordered to complete section (B) of this 5,527
form, and return the completed original of this form, together 5,528
with any amount shown due on it, to the ........... Court not 5,529
later than ........... Deliver one completed copy of this form 5,530
to the indicated judgment debtor. Keep the other copy for your 5,531
files. 5,532
The total probable amount now due on this judgment, 5,534
including interest and court costs, is $................ 5,535
You also are ordered to hold safely anything of value that 5,537
belongs to the indicated judgment debtor that has to be paid to 5,538
the court, as determined under section (B) of this form, but that 5,539
132
is of such a nature that it cannot be so delivered, until further 5,540
order of the court. 5,541
Witness my hand and the seal of this court this .......... 5,543
day of .........., 19...... 5,544
............................... 5,546
Judge 5,547
SECTION B. ANSWER OF GARNISHEE 5,549
Now comes ........., the garnishee who says: 5,551
1. That the garnishee has money, property, or credits, 5,553
other than personal earnings, of the indicated judgment debtor 5,554
under the garnishee's control and in the garnishee's possession. 5,555
.......... .......... ................................... 5,559
yes no if yes amount 5,562
2. Said property is described as: 5,565
3. If the answer to line 1 is "yes" and the amount is less 5,567
than the probable amount now due on the judgment, including 5,568
interest and costs, as indicated in section (A) of this form, 5,569
sign and return this form and pay the amount of line 1 to the 5,570
clerk of this court. 5,571
4. If the answer to line 1 is "yes" and the amount is 5,573
greater than that probable amount now due, sign and return this 5,574
form and pay that probable amount now due to the clerk of this 5,575
court. 5,576
5. If the answer to line 1 is "yes" but the money, 5,578
property, or credits are of such a nature that they cannot be 5,579
delivered to the clerk of the court, indicate that by placing an 5,580
"X" in this space: ...... Do not dispose of that money, 5,581
property, or credits or give them to anyone else until further 5,582
order of the court. 5,583
6. If the answer to line 1 is "no"", sign and return this 5,585
form to the clerk of this court. 5,586
I certify that the statements above are true. 5,589
............................. 5,589
133
(Print Name of Garnishee) 5,591
............................. 5,593
(Print Name and Title of 5,595
Person Who Completed Form) 5,597
Signed .................................................... 5,599
(Signature of Person Completing Form) 5,601
Dated this .......... day of .......... 19....." 5,603
Section A of the form described in this division shall be 5,605
filled in before service. Section B of the form shall be filled 5,606
in by the garnishee and the original filed with the court as the 5,607
garnishee's answer. The garnishee may keep one completed copy 5,608
and shall deliver the other completed copy to the judgment 5,609
debtor.
If there are several orders of garnishment of property, 5,611
other than personal earnings, against the same judgment debtor, 5,612
they shall be issued in the same order in which they were 5,613
received by the clerk. 5,614
(C)(1) At the time of the filing of a proceeding in 5,616
garnishment of property, other than personal earnings, under 5,617
section 2716.11 of the Revised Code, the judgment creditor also 5,618
shall file with the clerk of the court a praecipe instructing the 5,619
clerk to issue to the judgment debtor a notice and a hearing 5,620
request form. Upon receipt of the praecipe and the scheduling of 5,621
a hearing relative to an action in garnishment of property, other 5,622
than personal earnings, under division (A) of this section, the 5,623
clerk of the court immediately shall serve upon the judgment 5,624
debtor, in accordance with division (D) of this section, two 5,625
copies of the notice to the judgment debtor and hearing request 5,626
form. In no case shall the copies of the notice and hearing 5,627
request form be served later than seven days prior to the date on 5,628
which the hearing is scheduled. 5,629
(a) The notice to the judgment debtor that must be served 5,631
upon the judgment debtor shall be in substantially the following 5,632
form: 5,633
134
"(Name and Address of the Court) 5,635
(Case Caption) ........... Case No. ........... 5,637
NOTICE TO THE JUDGMENT DEBTOR 5,639
You are hereby notified that this court has issued an order 5,641
in the above case in favor of (name and address of judgment 5,642
creditor), the judgment creditor in this proceeding, directing 5,643
that some of your money, property, or credits, other than 5,644
personal earnings, now in the possession of (name and address of 5,645
garnishee), the garnishee in this proceeding, be used to satisfy 5,646
your debt to the judgment creditor. This order was issued on the 5,647
basis of the judgment creditor's judgment against you that was 5,648
obtained in (name of court) in (case number) on (date). Upon 5,649
your receipt of this notice, you are prohibited from removing or 5,650
attempting to remove such money, property, or credits until 5,651
expressly permitted by the court. Any violation of this 5,652
prohibition subjects you to punishment for contempt of court. 5,653
The law of Ohio and the United States provides that certain 5,655
benefit payments cannot be taken from you to pay a debt. Typical 5,656
among the benefits that cannot be attached or executed upon by a 5,657
creditor are: 5,658
(1) Workers' compensation benefits; 5,660
(2) Unemployment compensation payments; 5,662
(3) Aid to dependent children (A.D.C.) OHIO WORKS FIRST; 5,665
(4) Disability assistance administered by the Ohio 5,667
department of human services; 5,668
(5) Social security benefits; 5,670
(6) Supplemental security income (S.S.I.); 5,672
(7) Veteran's benefits; 5,674
(8) Black lung benefits; 5,676
(9) Certain pensions. 5,678
Additionally, wages under a certain amount may not be taken 5,680
to pay the debt. There may be other benefits not included in the 5,681
above list that apply in your case. 5,682
If you dispute the judgment creditor's right to garnish 5,684
135
your property and believe that the judgment creditor should not 5,685
be given your money, property, or credits, other than personal 5,686
earnings, now in the possession of the indicated garnishee 5,687
because they are exempt or if you feel that this order is 5,688
improper for any other reason, you may request a hearing before 5,689
this court by disputing the claim in the request for hearing 5,690
form, appearing below, or in a substantially similar form, and 5,691
delivering the request for hearing to this court at the above 5,692
address, at the office of the clerk of this court no later than 5,693
the end of the fifth business day after you receive this notice. 5,694
You may state your reasons for disputing the judgment creditor's 5,695
right to garnish your property in the space provided on the form 5,696
but you are not required to do so. If you do state your reasons 5,697
for disputing the judgment creditor's right, you are not 5,698
prohibited from stating any other reason at the hearing, and if 5,699
you do not state your reasons, it will not be held against you by 5,700
the court and you can state your reasons at the hearing. 5,701
If you request a hearing, the hearing will be limited to a 5,703
consideration of the amount of your money, property, or credits, 5,704
other than personal earnings, in the possession or control of the 5,705
indicated garnishee, if any, that can be used to satisfy all or 5,706
part of the judgment you owe to the judgment creditor. No 5,707
objections to the judgment itself will be heard or considered at 5,708
any such hearing. 5,709
If you request a hearing by delivering your request for 5,711
hearing no later than the end of the fifth business day after you 5,712
receive this notice, it will be conducted in .......... courtroom 5,713
.........., (address of court), at ..... m. on .........., 5,714
19...... You may request the court to conduct the hearing before 5,715
this date by indicating your request in the space provided on the 5,716
form; the court then will send you notice of any change in the 5,717
date, time, or place of the hearing. If you do not request a 5,718
hearing by delivering your request for hearing no later than the 5,719
end of the fifth business day after you receive this notice, some 5,720
136
of your money, property, or credits, other than personal 5,721
earnings, will be paid to the judgment creditor. 5,722
If you have any questions concerning this matter, you may 5,724
contact the office of the clerk of this court. If you want legal 5,725
representation, you should contact your lawyer immediately. If 5,726
you need the name of a lawyer, contact the local bar association. 5,728
............................. 5,729
Clerk of the Court 5,731
............................. 5,733
Date 5,735
(b) The hearing request form that must be served upon the 5,737
judgment debtor shall have attached to it a postage-paid, 5,738
self-addressed envelope or shall be on a postage-paid 5,739
self-addressed postcard, and shall be in substantially the 5,740
following form: 5,741
"(Name and Address of Court) 5,743
Case Number.......... Date.......... 5,745
REQUEST FOR HEARING 5,747
I dispute the judgment creditor's right to garnish my 5,749
money, property, or credits, other than personal earnings, in the 5,750
above case and request that a hearing in this matter be held 5,752
........................................... the date and time set 5,752
(Insert "on" or "earlier than") 5,754
forth in the document entitled "NOTICE OF THE JUDGMENT DEBTOR" 5,756
that I received with this request form. 5,757
I dispute the judgment creditor's right to garnish my 5,760
property for the following reasons:
................................................................. 5,761
(Optional) 5,762
................................................................. 5,763
................................................................. 5,764
5,765
.............................. 5,766
(Name of Judgment Debtor) 5,767
137
.............................. 5,768
(Signature) 5,769
.............................. 5,770
(Date) 5,771
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 5,774
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 5,775
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 5,776
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AND SOME OF YOUR MONEY, 5,777
PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, NOW IN THE 5,778
POSSESSION OF (GARNISHEE'S NAME) WILL BE PAID TO (JUDGMENT 5,779
CREDITOR'S NAME) TO SATISFY SOME OF YOUR DEBT TO HIM (JUDGEMENT 5,781
JUDGMENT CREDITOR'S NAME)." 5,782
(2) The judgment debtor may receive a hearing in 5,784
accordance with this division by delivering a written request for 5,785
hearing to the court within five business days after receipt of 5,786
the notice provided pursuant to division (C)(1) of this section. 5,787
The request may set forth the judgment debtor's reasons for 5,788
disputing the judgment creditor's right to garnish the money, 5,789
property, or credits, other than wages; however, neither the 5,790
judgment debtor's inclusion of nor failure to include such 5,791
reasons upon the request constitutes a waiver of any defense of 5,792
the judgment debtor or affects the judgment debtor's right to 5,793
produce evidence at any hearing. If the request is made by the 5,794
judgment debtor within the prescribed time, the hearing shall be 5,795
limited to a consideration of the amount of money, property, or 5,796
credits, other than wages, of the judgment debtor in the hands of 5,797
the garnishee, if any, that can be used to satisfy all or part of 5,798
the debt owed by the judgment debtor to the judgment creditor. If 5,800
a request for a hearing is not received by the court within the 5,801
prescribed time, the hearing scheduled pursuant to division (A) 5,802
of this section shall be canceled unless the court grants the
judgment debtor a continuance in accordance with division (C)(3) 5,803
of this section. 5,804
(3) If the judgment debtor does not request a hearing in 5,806
138
the action within the prescribed time pursuant to division (C)(2) 5,807
of this section, the court nevertheless may grant a continuance 5,808
of the scheduled hearing if the judgment debtor, prior to the 5,809
time at which the hearing was scheduled, as indicated on the 5,810
notice to the judgment debtor required by division (C)(1) of this 5,811
section, establishes a reasonable justification for his failure 5,812
to request the hearing within the prescribed time. If the court 5,813
grants such a continuance of the hearing, it shall cause the 5,814
matter to be set for hearing as soon as practicable thereafter. 5,815
The continued hearing shall be conducted in accordance with 5,816
division (C)(2) of this section. 5,817
(4) The court may conduct the hearing on the matter prior 5,819
to the time at which the hearing was scheduled, as indicated on 5,820
the notice to the judgment debtor required by division (C)(1) of 5,821
this section, upon the request of the judgment debtor. The 5,822
parties shall be sent notice, by the clerk of the court, by 5,823
regular mail, of any change in the date, time, or place of the 5,824
hearing. 5,825
(5) If the scheduled hearing is canceled and no 5,827
continuance is granted, the court shall issue an order to the 5,828
garnishee to pay all or some of the money, property, or credits, 5,829
other than wages, of the judgment debtor in the possession of the 5,830
garnishee at the time of service of the notice and order into 5,831
court if they have not already been paid to the court. This 5,832
order shall be based on the answer of the garnishee filed 5,833
pursuant to this section. If the scheduled hearing is conducted 5,834
or if it is continued and conducted, the court shall determine at 5,835
the hearing the amount of the money, property, or credits, other 5,836
than wages, of the judgment debtor in the possession of the 5,837
garnishee at the time of service of the notice and order, if any, 5,838
that can be used to satisfy all or part of the debt owed by the 5,840
judgment debtor to the judgment creditor, and issue an order, 5,841
accordingly, to the garnishee to pay that amount into court if it 5,842
has not already been paid to the court.
139
(D) The notice to the judgment debtor and hearing request 5,844
form, as described in division (C) of this section, shall be sent 5,845
by the clerk by ordinary or regular mail service unless the 5,846
judgment creditor requests that service be made in accordance 5,847
with the Rules of Civil Procedure, in which case the notice and 5,848
form shall be served in accordance with the Rules of Civil 5,849
Procedure. Any court of common pleas that issues an order of 5,850
garnishment of property, other than personal earnings, under this 5,851
section has jurisdiction to serve process pursuant to this 5,852
section upon a garnishee who does not reside within the 5,853
jurisdiction of the court. Any county court or municipal court 5,854
that issues an order of garnishment of property, other than 5,855
personal earnings, under this section has jurisdiction to serve 5,856
process pursuant to this section upon a garnishee who does not 5,857
reside within the jurisdiction of the court. 5,858
Sec. 2901.30. (A) As used in sections 2901.30 to 2901.32 5,868
of the Revised Code: 5,869
(1) "Information" means information that can be integrated 5,871
into the computer system and that relates to the physical or 5,872
mental description of a minor including, but not limited to, 5,873
height, weight, color of hair and eyes, use of eyeglasses or 5,874
contact lenses, skin coloring, physical or mental handicaps, 5,875
special medical conditions or needs, abnormalities, problems, 5,876
scars and marks, and distinguishing characteristics, and other 5,877
information that could assist in identifying a minor including, 5,878
but not limited to, full name and nickname, date and place of 5,879
birth, age, names and addresses of parents and other relatives, 5,880
fingerprints, dental records, photographs, social security 5,881
number, driver's license number, credit card numbers, bank 5,882
account numbers, and clothing. 5,883
(2) "Minor" means a person under eighteen years of age. 5,885
(3) "Missing children" or "missing child" means either of 5,887
the following: 5,888
(a) A minor who has run away from or who otherwise is 5,890
140
missing from the home of, or the care, custody, and control of, 5,891
the minor's parents, parent who is the residential parent and 5,892
legal custodian, guardian, legal custodian, or other person 5,893
having responsibility for the care of the minor; 5,894
(b) A minor who is missing and about whom there is reason 5,896
to believe the minor could be the victim of a violation of 5,897
section 2905.01, 2905.02, 2905.03, or 2919.23 of the Revised Code 5,899
or of a violation of section 2905.04 of the Revised Code as it 5,900
existed prior to the effective date of this amendment.
(B) When a law enforcement agency in this state that has 5,902
jurisdiction in the matter is informed that a minor is or may be 5,903
a missing child and that the person providing the information 5,904
wishes to file a missing child report, the law enforcement agency 5,905
shall take that report. Upon taking the report, the law 5,906
enforcement agency shall take prompt action upon it, including, 5,907
but not limited to, concerted efforts to locate the missing 5,908
child. No law enforcement agency in this state shall have a rule 5,909
or policy that prohibits or discourages the filing of or the 5,910
taking of action upon a missing child report, within a specified 5,911
period following the discovery or formulation of a belief that a 5,912
minor is or could be a missing child. 5,913
(C) If a missing child report is made to a law enforcement 5,915
agency in this state that has jurisdiction in the matter, the law 5,916
enforcement agency shall gather readily available information 5,917
about the missing child and integrate it into the national crime 5,918
information center computer within twelve hours following the 5,919
making of the report. The law enforcement agency shall make 5,920
reasonable efforts to acquire additional information about the 5,921
missing child following the transmittal of the initially 5,922
available information, and promptly integrate any additional 5,923
information acquired into such computer systems. 5,924
Whenever a law enforcement agency integrates information 5,926
about a missing child into the national crime information center 5,927
computer, the law enforcement agency promptly shall notify the 5,928
141
missing child's parents, parent who is the residential parent and 5,929
legal custodian, guardian, or legal custodian, or any other 5,930
person responsible for the care of the missing child, that it has 5,931
so integrated the information. 5,932
The parents, parent who is the residential parent and legal 5,934
custodian, guardian, legal custodian, or other person responsible 5,935
for the care of the missing child shall provide available 5,936
information upon request, and may provide information 5,937
voluntarily, to the law enforcement agency during the information 5,938
gathering process. The law enforcement agency also may obtain 5,939
available information about the missing child from other persons, 5,940
subject to constitutional and statutory limitations. 5,941
(D) Upon the filing of a missing child report, the law 5,943
enforcement agency involved promptly shall make a reasonable 5,944
attempt to notify other law enforcement agencies within its 5,945
county and, if the agency has jurisdiction in a municipal 5,946
corporation or township that borders another county, to notify 5,947
the law enforcement agency for the municipal corporation or 5,948
township in the other county with which it shares the border, 5,949
that it has taken a missing child report and may be requesting 5,950
assistance or cooperation in the case, and provide relevant 5,951
information to the other law enforcement agencies. The agency 5,952
may notify additional law enforcement agencies, appropriate 5,953
county PUBLIC children services boards, and appropriate county 5,955
departments of human services exercising children services 5,956
functions AGENCIES, about the case, request their assistance or 5,957
cooperation in the case, and provide them with relevant 5,958
information. 5,959
Upon request from a law enforcement agency, a county PUBLIC 5,961
children services board or a county department of human services 5,962
exercising children services functions AGENCY shall grant the law 5,963
enforcement agency access to all information concerning a missing 5,964
child that the board or department AGENCY possesses that may be 5,965
relevant to the law enforcement agency in investigating a missing 5,967
142
child report concerning that child. The information obtained by 5,968
the law enforcement agency shall be used only to further the 5,969
investigation to locate the missing child. 5,970
(E) Upon request, law enforcement agencies in this state 5,972
shall provide assistance to, and cooperate with, other law 5,973
enforcement agencies in their investigation of missing child 5,974
cases. 5,975
The information in any missing child report made to a law 5,977
enforcement agency shall be made available, upon request, to law 5,978
enforcement personnel of this state, other states, and the 5,979
federal government when the law enforcement personnel indicate 5,980
that the request is to aid in identifying or locating a missing 5,981
child or the possible identification of a deceased minor who, 5,982
upon discovery, cannot be identified. 5,983
(F) When a missing child has not been located within 5,985
thirty days after the date on which the missing child report 5,986
pertaining to the child was filed with a law enforcement agency, 5,987
that law enforcement agency shall request the missing child's 5,989
parents, parent who is the residential parent and legal 5,990
custodian, guardian, or legal custodian, or any other person 5,991
responsible for the care of the missing child, to provide written 5,992
consent for the law enforcement agency to contact the missing 5,993
child's dentist and request the missing child's dental records. 5,994
Upon receipt of such written consent, the dentist shall release a 5,995
copy of the missing child's dental records to the law enforcement 5,996
agency and shall provide and encode the records in such form as 5,997
requested by the law enforcement agency. The law enforcement 5,998
agency then shall integrate information in the records into the 5,999
national crime information center computer in order to compare 6,000
the records to those of unidentified deceased persons. This 6,001
division does not prevent a law enforcement agency from seeking 6,002
consent to obtain copies of a missing child's dental records, or 6,003
prevent a missing child's parents, parent who is the residential 6,004
parent and legal custodian, guardian, or legal custodian, or any 6,005
143
other person responsible for the care of the missing child, from 6,006
granting consent for the release of copies of the missing child's 6,007
dental records to a law enforcement agency, at any time. 6,008
(G) A missing child's parents, parent who is the 6,010
residential parent and legal custodian, guardian, or legal 6,011
custodian, or any other persons responsible for the care of a 6,012
missing child, immediately shall notify the law enforcement 6,013
agency with which they filed the missing child report whenever 6,014
the child has returned to their home or to their care, custody, 6,015
and control, has been released if the missing child was the 6,016
victim of an offense listed in division (A)(3)(b) of this 6,018
section, or otherwise has been located. Upon such notification 6,019
or upon otherwise learning that a missing child has returned to 6,020
the home of, or to the care, custody, and control of the missing 6,021
child's parents, parent who is the residential parent and legal 6,023
custodian, guardian, legal custodian, or other person responsible 6,024
for the missing child's care, has been released if THE MISSING 6,026
CHILD was the victim of an offense listed in division (A)(3)(b) 6,028
of this section, or otherwise has been located, the law
enforcement agency involved promptly shall integrate the fact 6,029
that the minor no longer is a missing child into the national 6,030
crime information center computer. 6,031
(H) Nothing contained in this section shall be construed 6,033
to impair the confidentiality of services provided to runaway 6,034
minors by shelters for runaway minors pursuant to sections 6,035
5119.64 to 5119.68 of the Revised Code. 6,036
Sec. 2921.13. (A) No person shall knowingly make a false 6,045
statement, or knowingly swear or affirm the truth of a false 6,046
statement previously made, when any of the following applies: 6,047
(1) The statement is made in any official proceeding. 6,049
(2) The statement is made with purpose to incriminate 6,051
another. 6,052
(3) The statement is made with purpose to mislead a public 6,054
official in performing the public official's official function. 6,055
144
(4) The statement is made with purpose to secure the 6,057
payment of unemployment compensation, aid to dependent children 6,058
OHIO WORKS FIRST, disability assistance, retirement benefits, 6,060
economic development assistance, as defined in section 9.66 of
the Revised Code, or other benefits administered by a 6,061
governmental agency or paid out of a public treasury. 6,063
(5) The statement is made with purpose to secure the 6,065
issuance by a governmental agency of a license, permit, 6,066
authorization, certificate, registration, release, or provider 6,067
agreement. 6,068
(6) The statement is sworn or affirmed before a notary 6,070
public or another person empowered to administer oaths. 6,071
(7) The statement is in writing on or in connection with a 6,073
report or return that is required or authorized by law. 6,074
(8) The statement is in writing and is made with purpose 6,076
to induce another to extend credit to or employ the offender, to 6,077
confer any degree, diploma, certificate of attainment, award of 6,079
excellence, or honor on the offender, or to extend to or bestow 6,080
upon the offender any other valuable benefit or distinction, when 6,081
the person to whom the statement is directed relies upon it to 6,082
that person's detriment.
(9) The statement is made with purpose to commit or 6,084
facilitate the commission of a theft offense. 6,085
(10) The statement is knowingly made to a probate court in 6,087
connection with any action, proceeding, or other matter within 6,088
its jurisdiction, either orally or in a written document, 6,089
including, but not limited to, an application, petition, 6,090
complaint, or other pleading, or an inventory, account, or 6,091
report. 6,092
(11) The statement is made on an account, form, record, 6,094
stamp, label, or other writing that is required by law. 6,095
(12)(19) The statement is made in connection with the 6,097
purchase of a firearm, as defined in section 2923.11 of the 6,099
Revised Code, and in conjunction with the furnishing to the 6,100
145
seller of the firearm of a fictitious or altered driver's or 6,101
commercial driver's license or permit, a fictitious or altered
identification card, or any other document that contains false 6,102
information about the purchaser's identity. 6,103
(20)(13) The statement is made in a document or instrument 6,105
of writing that purports to be a judgment, lien, or claim of 6,107
indebtedness and is filed or recorded with the secretary of 6,108
state, a county recorder, or the clerk of a court of record. 6,109
(B) No person, in connection with the purchase of a 6,111
firearm, as defined in section 2923.11 of the Revised Code, shall 6,113
knowingly furnish to the seller of the firearm a fictitious or 6,114
altered driver's or commercial driver's license or permit, a 6,115
fictitious or altered identification card, or any other document
that contains false information about the purchaser's identity. 6,116
(C) It is no defense to a charge under division (A)(4) of 6,118
this section that the oath or affirmation was administered or 6,119
taken in an irregular manner. 6,120
(D) If contradictory statements relating to the same fact 6,123
are made by the offender within the period of the statute of
limitations for falsification, it is not necessary for the 6,124
prosecution to prove which statement was false but only that one 6,125
or the other was false. 6,126
(E)(1) Whoever violates division (A)(1), (2), (3), (4), 6,128
(5), (6), (7), (8), (10), or (11), or (20)(13) of this section is 6,130
guilty of falsification, a misdemeanor of the first degree. 6,131
(2) Whoever violates division (A)(9) of this section is 6,133
guilty of falsification in a theft offense. Except as otherwise 6,134
provided in this division, falsification in a theft offense is a 6,136
misdemeanor of the first degree. If the value of the property or
services stolen is five hundred dollars or more and is less than 6,137
five thousand dollars, falsification in a theft offense is a 6,138
felony of the fifth degree. If the value of the property or 6,139
services stolen is five thousand dollars or more and is less than 6,140
one hundred thousand dollars, falsification in a theft offense is 6,141
146
a felony of the fourth degree. If the value of the property or
services stolen is one hundred thousand dollars or more, 6,142
falsification in a theft offense is a felony of the third degree. 6,143
(3)(4) Whoever violates division (A)(12)(19) or (B) of 6,146
this section is guilty of falsification to purchase a firearm, a
felony of the fifth degree. 6,147
(F) A person who violates this section is liable in a 6,149
civil action to any person harmed by the violation for injury, 6,150
death, or loss to person or property incurred as a result of the 6,152
commission of the offense and for reasonable attorney's fees, 6,153
court costs, and other expenses incurred as a result of 6,154
prosecuting the civil action commenced under this division. A
civil action under this division is not the exclusive remedy of a 6,155
person who incurs injury, death, or loss to person or property as 6,156
a result of a violation of this section. 6,157
Sec. 2951.02. (A)(1) In determining whether to suspend a 6,167
sentence of imprisonment imposed upon an offender for a
misdemeanor and place the offender on probation or whether to 6,169
otherwise suspend a sentence of imprisonment imposed upon an
offender for a misdemeanor pursuant to division (A) of section 6,170
2929.51 of the Revised Code, the court shall consider the risk 6,171
that the offender will commit another offense and the need for 6,172
protecting the public from the risk, the nature and circumstances 6,173
of the offense, and the history, character, and condition of the 6,174
offender. 6,175
(2) An offender who has been convicted of or pleaded 6,177
guilty to a misdemeanor shall not be placed on probation and 6,178
shall not otherwise have the sentence of imprisonment imposed 6,179
upon the offender suspended pursuant to division (A) of section 6,181
2929.51 of the Revised Code if any of the following applies: 6,183
(a) The offender is a repeat or dangerous offender, as 6,186
defined in section 2935.36 of the Revised Code. 6,187
(b) The misdemeanor offense involved was not a violation 6,190
of section 2923.12 of the Revised Code and was committed while 6,191
147
the offender was armed with a firearm or dangerous ordnance, as 6,192
defined in section 2923.11 of the Revised Code. 6,194
(c) Under division (C) of section 2903.07 of the Revised 6,196
Code, the offender is not eligible for probation. 6,197
(B) The following do not control the court's discretion 6,199
but the court shall consider them in favor of placing an offender 6,200
who has been convicted of or pleaded guilty to a misdemeanor on 6,201
probation or in favor of otherwise suspending the offender's 6,202
sentence of imprisonment pursuant to division (A) of section 6,203
2929.51 of the Revised Code: 6,204
(1) The offense neither caused nor threatened serious harm 6,206
to persons or property, or the offender did not contemplate that 6,207
it would do so. 6,208
(2) The offense was the result of circumstances unlikely 6,210
to recur. 6,211
(3) The victim of the offense induced or facilitated it. 6,213
(4) There are substantial grounds tending to excuse or 6,215
justify the offense, though failing to establish a defense. 6,216
(5) The offender acted under strong provocation. 6,218
(6) The offender has no history of prior delinquency or 6,220
criminal activity, or has led a law-abiding life for a 6,221
substantial period before commission of the present offense. 6,222
(7) The offender is likely to respond affirmatively to 6,224
probationary or other court-imposed treatment. 6,225
(8) The character and attitudes of the offender indicate 6,227
that the offender is unlikely to commit another offense. 6,228
(9) The offender has made or will make restitution or 6,230
reparation to the victim of the offender's offense for the 6,231
injury, damage, or loss sustained. 6,232
(10) Imprisonment of the offender will entail undue 6,234
hardship to the offender or the offender's dependents. 6,235
(C)(1)(a) When an offender who has been convicted of or 6,237
pleaded guilty to a misdemeanor is placed on probation or the 6,239
sentence of that type of offender otherwise is suspended pursuant 6,240
148
to division (A) of section 2929.51 of the Revised Code, the 6,242
probation or other suspension shall be at least on condition 6,243
that, during the period of probation or other suspension, the 6,244
offender shall abide by the law, including, but not limited to, 6,245
complying with the provisions of Chapter 2923. of the Revised 6,246
Code relating to the possession, sale, furnishing, transfer, 6,247
disposition, purchase, acquisition, carrying, conveying, or use 6,248
of, or other conduct involving, a firearm or dangerous ordnance,
as defined in section 2923.11 of the Revised Code, and shall not 6,249
leave the state without the permission of the court or the 6,252
offender's probation officer. In the interests of doing justice,
rehabilitating the offender, and ensuring the offender's good 6,253
behavior, the court may impose additional requirements on the 6,254
offender, including, but not limited to, requiring the offender 6,255
to make restitution pursuant to section 2929.21 of the Revised 6,256
Code for all or part of the property damage that is caused by the 6,258
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 6,259
division (K) of section 2913.01 of the Revised Code, that the 6,260
offender committed. Compliance with the additional requirements 6,261
also shall be a condition of the offender's probation or other 6,262
suspension. 6,263
(b) When an offender who has been convicted of or pleaded 6,265
guilty to a felony is sentenced to a nonresidential sanction 6,266
pursuant to section 2929.17 of the Revised Code, the court shall 6,268
impose as a condition of the sanction that, during the period of 6,269
the nonresidential sanction, the offender shall abide by the law, 6,270
including, but not limited to, complying with the provisions of 6,271
Chapter 2923. of the Revised Code identified in division 6,273
(C)(1)(a) of this section. 6,274
(2) During the period of a misdemeanor offender's 6,276
probation or other suspension or during the period of a felon's 6,277
nonresidential sanction, authorized probation officers who are 6,279
engaged within the scope of their supervisory duties or 6,280
149
responsibilities may search, with or without a warrant, the 6,281
person of the offender, the place of residence of the offender,
and a motor vehicle, another item of tangible or intangible 6,282
personal property, or other real property in which the offender 6,283
has a right, title, or interest or for which the offender has the 6,284
express or implied permission of a person with a right, title, or 6,286
interest to use, occupy, or possess if the probation officers
have reasonable grounds to believe that the offender is not 6,287
abiding by the law or otherwise is not complying with the 6,288
conditions of the offender's probation or other suspension or the 6,290
conditions of the offender's nonresidential sanction. If a felon 6,291
who is sentenced to a nonresidential sanction is under the
general control and supervision of the adult parole authority, as 6,292
described in division (A)(2)(a) of section 2929.15 of the Revised 6,293
Code, adult parole authority field officers with supervisory 6,294
responsibilities over the felon shall have the same search 6,295
authority relative to the felon during the period of the sanction 6,296
as is described under this division for probation officers. The 6,297
court that places the offender on probation or suspends the 6,299
misdemeanor offender's sentence of imprisonment pursuant to
division (D)(2) or (4) of section 2929.51 of the Revised Code or 6,301
that sentences the felon to a nonresidential sanction pursuant to 6,302
section 2929.17 of the Revised Code shall provide the offender 6,303
with a written notice that informs the offender that authorized 6,304
probation officers or adult parole authority field officers with 6,305
supervisory responsibilities over the offender who are engaged 6,306
within the scope of their supervisory duties or responsibilities 6,307
may conduct those types of searches during the period of 6,309
probation or other suspension or during the period of the 6,310
nonresidential sanction if they have reasonable grounds to 6,311
believe that the offender is not abiding by the law or otherwise 6,312
is not complying with the conditions of the offender's probation
or other suspension or the conditions of the offender's 6,313
nonresidential sanction. 6,314
150
(D) The following do not control the court's discretion 6,316
but the court shall consider them against placing an offender who 6,317
has been convicted of or pleaded guilty to a misdemeanor on 6,318
probation and against otherwise suspending the offender's 6,319
sentence of imprisonment pursuant to division (A) of section 6,320
2929.51 of the Revised Code:
(1) The offender recently violated the conditions of 6,322
pardon, post-release control pursuant to section 2967.28 of the 6,324
Revised Code, or a probation or suspension pursuant to division 6,326
(A) of section 2929.51 of the Revised Code, previously granted 6,327
the offender.
(2) There is a substantial risk that, while at liberty 6,329
during the period of probation or other suspension, the offender 6,330
will commit another offense. 6,331
(3) The offender is in need of correctional or 6,333
rehabilitative treatment that can be provided best by the 6,334
offender's commitment to a locally governed and operated 6,335
residential facility.
(4) Regardless of whether the offender knew the age of the 6,337
victim, the victim of the offense was sixty-five years of age or 6,338
older or permanently and totally disabled at the time of the 6,339
commission of the offense. 6,340
(E) The criteria listed in divisions (B) and (D) of this 6,342
section shall not be construed to limit the matters that may be 6,343
considered in determining whether to suspend sentence of 6,344
imprisonment and place an offender who has been convicted of or 6,345
pleaded guilty to a misdemeanor on probation or whether to 6,346
otherwise suspend the offender's sentence of imprisonment 6,347
pursuant to division (A) of section 2929.51 of the Revised Code. 6,349
(F)(1) When an offender is convicted of or pleads guilty 6,353
to a misdemeanor, the court may require the offender, as a 6,354
condition of probation or as a condition of otherwise suspending 6,355
the offender's sentence pursuant to division (A) of section 6,356
2929.51 of the Revised Code, in addition to the conditions of 6,357
151
probation or other suspension imposed pursuant to division (C) of 6,358
this section, to perform supervised community service work under 6,359
the authority of health districts, park districts, counties, 6,360
municipal corporations, townships, other political subdivisions 6,361
of the state, or agencies of the state or any of its political 6,362
subdivisions, or under the authority of charitable organizations 6,363
that render services to the community or its citizens, in 6,364
accordance with this division. Supervised community service work 6,365
shall not be required as a condition of probation or other 6,366
suspension under this division unless the offender agrees to 6,367
perform the work offered as a condition of probation or other 6,368
suspension by the court. The court may require an offender who 6,369
agrees to perform the work to pay to it a reasonable fee to cover 6,370
the costs of the offender's participation in the work, including, 6,371
but not limited to, the costs of procuring a policy or policies 6,372
of liability insurance to cover the period during which the 6,373
offender will perform the work.
A court may permit any offender convicted of a misdemeanor 6,375
to satisfy the payment of a fine imposed for the offense by 6,376
performing supervised community service work as described in this 6,377
division if the offender requests an opportunity to satisfy the 6,378
payment by this means and if the court determines the offender is 6,379
financially unable to pay the fine. 6,380
The supervised community service work that may be imposed 6,382
under this division shall be subject to the following 6,383
limitations: 6,384
(a) The court shall fix the period of the work and, if 6,386
necessary, shall distribute it over weekends or over other 6,387
appropriate times that will allow the offender to continue at the 6,388
offender's occupation or to care for the offender's family. The 6,389
period of the work as fixed by the court shall not exceed an 6,390
aggregate of two hundred hours. 6,391
(b) An agency, political subdivision, or charitable 6,393
organization must agree to accept the offender for the work 6,394
152
before the court requires the offender to perform the work for 6,395
the entity. A court shall not require an offender to perform 6,396
supervised community service work for an agency, political 6,397
subdivision, or charitable organization at a location that is an 6,398
unreasonable distance from the offender's residence or domicile, 6,399
unless the offender is provided with transportation to the 6,400
location where the work is to be performed. 6,401
(c) A court may enter into an agreement with a county 6,403
department of human services for the management, placement, and 6,404
supervision of offenders eligible for community service work in 6,405
department of human services programs established pursuant to 6,407
WORK ACTIVITIES AND ALTERNATIVE WORK ACTIVITIES UNDER sections 6,408
5101.80 5107.40 to 5101.94 or section 5101.21 or 5107.30 5107.68 6,409
of the Revised Code. If a court and a county department of human 6,411
services have entered into an agreement of that nature, the clerk 6,412
of that court is authorized to pay directly to the department of 6,413
human services all or a portion of the fees collected by the 6,414
court pursuant to this division in accordance with the terms of 6,415
its agreement.
(d) Community service work that a court requires under 6,417
this division shall be supervised by an official of the agency, 6,418
political subdivision, or charitable organization for which the 6,419
work is performed or by a person designated by the agency, 6,420
political subdivision, or charitable organization. The official 6,421
or designated person shall be qualified for the supervision by 6,422
education, training, or experience, and periodically shall 6,423
report, in writing, to the court and to the offender's probation 6,424
officer concerning the conduct of the offender in performing the 6,425
work. 6,426
(2) When an offender is convicted of a felony, the court 6,428
may impose pursuant to sections 2929.15 and 2929.17 of the 6,429
Revised Code a sanction that requires the offender to perform 6,430
supervised community service work in accordance with this 6,431
division and under the authority of any agency, political 6,432
153
subdivision, or charitable organization as described in division 6,433
(F)(1) of this section. The court may require an offender who is 6,434
ordered to perform the work to pay to it a reasonable fee to 6,435
cover the costs of the offender's participation in the work, 6,436
including, but not limited to, the costs of procuring a policy or 6,437
policies of liability insurance to cover the period during which 6,438
the offender will perform the work. 6,439
A court may permit an offender convicted of a felony to 6,441
satisfy the payment of a fine imposed for the offense pursuant to 6,442
section 2929.18 of the Revised Code by performing supervised 6,443
community service work as described in this division if the court 6,445
determines that the offender is financially unable to pay the 6,446
fine.
The supervised community service work that may be imposed 6,448
under this division shall be subject to the limitations specified 6,449
in divisions (F)(1)(a) to (d) of this section, except that the 6,450
court is not required to obtain the agreement of the offender to 6,451
impose supervised community work as a sanction. Additionally, 6,452
the total of any period of supervised community service work 6,453
imposed on an offender under this division plus the period of all 6,454
other sanctions imposed pursuant to sections 2929.15, 2929.16, 6,455
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 6,457
section 4511.19 of the Revised Code, a municipal ordinance 6,458
relating to operating a vehicle while under the influence of 6,459
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 6,460
municipal ordinance relating to operating a vehicle with a 6,461
prohibited concentration of alcohol in the blood, breath, or 6,462
urine or of a misdemeanor violation of section 2903.07 of the 6,463
Revised Code or an equivalent violation of a municipal ordinance 6,465
that is substantially similar to section 2903.07 of the Revised 6,467
Code and that provides for that type of finding by a jury or 6,468
judge in a case in which the jury or judge found that the 6,469
154
offender was under the influence of alcohol at the time of the 6,470
commission of the offense, the court may require, as a condition 6,471
of probation in addition to the required conditions of probation 6,472
and the discretionary conditions of probation that may be imposed 6,473
pursuant to division (C) of this section, any suspension or 6,474
revocation of a driver's or commercial driver's license or permit 6,475
or nonresident operating privilege, and all other penalties 6,476
provided by law or by ordinance, that the offender operate only a 6,477
motor vehicle equipped with an ignition interlock device that is 6,478
certified pursuant to section 4511.83 of the Revised Code. 6,479
(2) When a court requires an offender, as a condition of 6,481
probation pursuant to division (G)(1) of this section, to operate 6,482
only a motor vehicle equipped with an ignition interlock device 6,483
that is certified pursuant to section 4511.83 of the Revised 6,484
Code, the offender immediately shall surrender the offender's 6,485
driver's or commercial driver's license or permit to the court. 6,486
Upon the receipt of the offender's license or permit, the court 6,487
shall issue an order authorizing the offender to operate a motor 6,488
vehicle equipped with a certified ignition interlock device, 6,489
deliver the offender's license or permit to the bureau of motor 6,490
vehicles, and include in the abstract of the case forwarded to 6,491
the bureau pursuant to section 4507.021 of the Revised Code the 6,492
conditions of probation imposed pursuant to division (G)(1) of 6,493
this section. The court shall give the offender a copy of its 6,494
order, and that copy shall be used by the offender in lieu of a 6,495
driver's or commercial driver's license or permit until the 6,496
bureau issues a restricted license to the offender. 6,497
(3) Upon receipt of an offender's driver's or commercial 6,499
driver's license or permit pursuant to division (G)(2) of this 6,500
section, the bureau of motor vehicles shall issue a restricted 6,501
license to the offender. The restricted license shall be 6,502
identical to the surrendered license, except that it shall have 6,503
printed on its face a statement that the offender is prohibited 6,504
from operating a motor vehicle that is not equipped with an 6,505
155
ignition interlock device that is certified pursuant to section 6,506
4511.83 of the Revised Code. The bureau shall deliver the 6,507
offender's surrendered license or permit to the court upon 6,508
receipt of a court order requiring it to do so, or reissue the 6,509
offender's license or permit under section 4507.54 of the Revised 6,510
Code if the registrar destroyed the offender's license or permit 6,511
under that section. The offender shall surrender the restricted 6,512
license to the court upon receipt of the offender's surrendered 6,513
license or permit. 6,514
(4) If an offender violates a requirement of the court 6,516
imposed under division (G)(1) of this section, the offender's 6,517
driver's or commercial driver's license or permit or nonresident 6,518
operating privilege may be suspended as provided in section 6,519
4507.16 of the Revised Code. 6,520
(5) As used in this division, "ignition interlock device" 6,522
has the same meaning as in section 4511.83 of the Revised Code. 6,523
Sec. 3101.01. Male persons of the age of eighteen years, 6,533
and female persons of the age of sixteen years, not nearer of kin 6,534
than second cousins, and not having a husband or wife living, may 6,535
be joined in marriage. A minor must first obtain the consent of 6,536
his THE MINOR'S parents, surviving parent, parent who is 6,537
designated the residential parent and legal custodian of the 6,539
child by a court of competent jurisdiction, the guardian of his 6,540
person GUARDIAN, or any one of the following who has been awarded 6,542
permanent custody of him THE MINOR by a court exercising juvenile 6,544
jurisdiction:
(A) An adult person; 6,546
(B) The department of human services or any child welfare 6,548
organization certified by such department; 6,549
(C) A county department of human services or a county 6,551
PUBLIC children services board AGENCY. 6,552
A minor shall not be required to obtain the consent of a 6,554
parent who resides in a foreign country, has neglected or 6,555
abandoned such minor for a period of one year or longer 6,556
156
immediately preceding his THE application for a marriage license, 6,558
has been adjudged incompetent, is an inmate of a state mental or 6,559
correctional institution, has been permanently deprived of his 6,560
parental rights and responsibilities for the care of the child 6,561
and the right to have the child live with him THE PARENT and to 6,562
be the legal custodian of the child by a court exercising 6,564
juvenile jurisdiction, or has been deprived of his parental 6,565
rights and responsibilities for the care of the child and the 6,566
right to have the child live with him THE PARENT and to be the 6,567
legal custodian of the child by the appointment of a guardian of 6,569
the person of the minor by the probate court or by any other 6,570
court of competent jurisdiction. 6,571
Sec. 3107.01. As used in sections 3107.01 to 3107.19 of 6,580
the Revised Code:
(A) "Agency" means any public or private organization 6,582
certified, licensed, or otherwise specially empowered by law or 6,583
rule to place minors for adoption. 6,584
(B) "Attorney" means a person who has been admitted to the 6,586
bar by order of the Ohio supreme court. 6,587
(C) "Child" means a son or daughter, whether by birth or 6,589
by adoption. 6,590
(D) "Court" means the probate courts of this state, and 6,592
when the context requires, means the court of any other state 6,594
empowered to grant petitions for adoption. 6,595
(E) "Identifying information" means any of the following 6,598
with regard to a person: first name, last name, maiden name, 6,599
alias, social security number, address, telephone number, place 6,600
of employment, number used to identify the person for the purpose 6,601
of the statewide education management information system
established pursuant to section 3301.0714 of the Revised Code, 6,602
and any other number federal or state law requires or permits to 6,603
be used to identify the person.
(F) "Minor" means a person under the age of eighteen 6,605
years. 6,606
157
(G) "Private child placing agency," "private noncustodial 6,609
agency," and "public children services agency" have the same
meanings as in section 2151.011 of the Revised Code. 6,610
(H) "Putative father" means a man, including one under age 6,613
eighteen, who may be a child's father and to whom all of the 6,614
following apply:
(1) He is not married to the child's mother at the time of 6,616
the child's conception or birth; 6,617
(2) He has not adopted the child; 6,619
(3) He has not been determined, prior to the date a 6,621
petition to adopt the child is filed, to have a parent and child 6,622
relationship with the child by a court proceeding pursuant to 6,623
sections 3111.01 to 3111.19 of the Revised Code, a court 6,624
proceeding in another state, an administrative agency proceeding 6,625
pursuant to sections 3111.20 to 3111.29 of the Revised Code, or 6,627
an administrative agency proceeding in another state;
(4) He has not acknowledged paternity of the child 6,629
pursuant to section 2105.18 of the Revised Code. 6,630
Sec. 3109.051. (A) If a divorce, dissolution, legal 6,640
separation, or annulment proceeding involves a child and if the 6,641
court has not issued a shared parenting decree, the court shall 6,642
consider any mediation report filed pursuant to section 3109.052 6,643
of the Revised Code and, in accordance with division (C) of this 6,644
section, shall make a just and reasonable order or decree 6,645
permitting each parent who is not the residential parent to visit 6,646
the child at the time and under the conditions that the court 6,647
directs, unless the court determines that it would not be in the 6,648
best interest of the child to permit that parent to visit the 6,649
child and includes in the journal its findings of fact and 6,650
conclusions of law. Whenever possible, the order or decree 6,651
permitting the visitation shall ensure the opportunity for both 6,652
parents to have frequent and continuing contact with the child, 6,653
unless frequent and continuing contact by either parent with the 6,654
child would not be in the best interest of the child. The court 6,655
158
shall include in its final decree a specific schedule of 6,656
visitation for that parent. Except as provided in division 6,657
(E)(6) of section 3113.31 of the Revised Code, if the court, 6,658
pursuant to this section, grants any person companionship or 6,659
visitation rights with respect to any child, it shall not require 6,660
the public children services agency to provide supervision of or 6,661
other services related to that person's exercise of companionship
or visitation rights with respect to the child. This section 6,662
does not limit the power of a juvenile court pursuant to Chapter 6,663
2151. of the Revised Code to issue orders with respect to 6,664
children who are alleged to be abused, neglected, or dependent 6,665
children or to make dispositions of children who are adjudicated 6,666
abused, neglected, or dependent children or of a common pleas 6,667
court to issue orders pursuant to section 3113.31 of the Revised 6,668
Code.
(B)(1) In a divorce, dissolution of marriage, legal 6,670
separation, annulment, or child support proceeding that involves 6,671
a child, the court may grant reasonable companionship or 6,672
visitation rights to any grandparent, any person related to the 6,673
child by consanguinity or affinity, or any other person other 6,674
than a parent, if all of the following apply: 6,675
(a) The grandparent, relative, or other person files a 6,677
motion with the court seeking companionship or visitation rights. 6,678
(b) The court determines that the grandparent, relative, 6,680
or other person has an interest in the welfare of the child. 6,681
(c) The court determines that the granting of the 6,683
companionship or visitation rights is in the best interest of the 6,684
child. 6,685
(2) A motion may be filed under division (B)(1) of this 6,687
section during the pendency of the divorce, dissolution of 6,688
marriage, legal separation, annulment, or child support 6,689
proceeding or, if a motion was not filed at that time or was 6,690
filed at that time and the circumstances in the case have 6,691
changed, at any time after a decree or final order is issued in 6,692
159
the case. 6,693
(C) When determining whether to grant companionship or 6,695
visitation rights to a parent, grandparent, relative, or other 6,696
person pursuant to this section or section 3109.11 or 3109.12 of 6,697
the Revised Code, when establishing a specific visitation 6,698
schedule, and when determining other visitation matters under 6,699
this section or section 3109.11 or 3109.12 of the Revised Code, 6,700
the court shall consider any mediation report that is filed 6,701
pursuant to section 3109.052 of the Revised Code and shall 6,702
consider all other relevant factors, including, but not limited 6,703
to, all of the factors listed in division (D) of this section. In 6,705
considering the factors listed in division (D) of this section
for purposes of determining whether to grant visitation rights, 6,706
establishing a specific visitation schedule, determining other 6,707
visitation matters under this section or under section 3109.11 or 6,708
3109.12 of the Revised Code, and resolving any issues related to 6,709
the making of any determination with respect to visitation rights 6,710
or the establishment of any specific visitation schedule, the 6,711
court, in its discretion, may interview in chambers any or all 6,712
involved children regarding their wishes and concerns. If the 6,713
court interviews any child concerning the child's wishes and 6,714
concerns regarding those visitation matters, the interview shall 6,715
be conducted in chambers, and no person other than the child, the 6,716
child's attorney, the judge, any necessary court personnel, and, 6,717
in the judge's discretion, the attorney of each parent shall be 6,718
permitted to be present in the chambers during the interview. No 6,719
person shall obtain or attempt to obtain from a child a written 6,720
or recorded statement or affidavit setting forth the wishes and 6,721
concerns of the child regarding those visitation matters. A 6,722
court, in considering the factors listed in division (D) of this 6,723
section for purposes of determining whether to grant any 6,724
visitation rights, establishing a visitation schedule, 6,725
determining other visitation matters under this section or under 6,726
section 3109.11 or 3109.12 of the Revised Code, or resolving any 6,727
160
issues related to the making of any determination with respect to 6,728
visitation rights or the establishment of any specific visitation 6,729
schedule, shall not accept or consider a written or recorded 6,730
statement or affidavit that purports to set forth the child's 6,731
wishes or concerns regarding those visitation matters. 6,732
(D) In determining whether to grant companionship or 6,734
visitation rights to a parent, grandparent, relative, or other 6,735
person pursuant to this section or section 3109.11 or 3109.12 of 6,736
the Revised Code, in establishing a specific visitation schedule, 6,737
and in determining other visitation matters under this section or 6,738
section 3109.11 or 3109.12 of the Revised Code, the court shall 6,739
consider all of the following factors: 6,740
(1) The prior interaction and interrelationships of the 6,742
child with the child's parents, siblings, and other persons 6,743
related by consanguinity or affinity, and with the person who 6,744
requested companionship or visitation if that person is not a 6,745
parent, sibling, or relative of the child; 6,746
(2) The geographical location of the residence of each 6,748
parent and the distance between those residences, and if the 6,749
person who requested companionship or visitation is not a parent, 6,750
the geographical location of that person's residence and the 6,751
distance between that person's residence and the child's 6,752
residence; 6,753
(3) The child's and parents' available time, including, 6,755
but not limited to, each parent's employment schedule, the 6,756
child's school schedule, and the child's and the parents' holiday 6,757
and vacation schedule; 6,758
(4) The age of the child; 6,760
(5) The child's adjustment to home, school, and community; 6,763
(6) If the court has interviewed the child in chambers, 6,765
pursuant to division (C) of this section, regarding the wishes 6,766
and concerns of the child as to visitation by the parent who is 6,767
not the residential parent or companionship or visitation by the 6,768
grandparent, relative, or other person who requested the 6,769
161
companionship or visitation, as to a specific visitation 6,770
schedule, or as to other visitation matters, the wishes and 6,771
concerns of the child, as expressed to the court; 6,772
(7) The health and safety of the child; 6,774
(8) The amount of time that will be available for the 6,776
child to spend with siblings; 6,777
(9) The mental and physical health of all parties; 6,779
(10) Each parent's willingness to reschedule missed 6,781
visitation and to facilitate the other parent's visitation 6,782
rights, and if the person who requested companionship or 6,783
visitation is not a parent, the willingness of that person to 6,784
reschedule missed visitation; 6,785
(11) In relation to visitation by a parent, whether either 6,787
parent previously has been convicted of or pleaded guilty to any 6,788
criminal offense involving any act that resulted in a child being 6,789
an abused child or a neglected child; whether either parent, in a 6,790
case in which a child has been adjudicated an abused child or a 6,791
neglected child, previously has been determined to be the 6,792
perpetrator of the abusive or neglectful act that is the basis of 6,793
the adjudication; and whether there is reason to believe that 6,794
either parent has acted in a manner resulting in a child being an 6,795
abused child or a neglected child; 6,796
(12) In relation to requested companionship or visitation 6,798
by a person other than a parent, whether the person previously 6,799
has been convicted of or pleaded guilty to any criminal offense 6,800
involving any act that resulted in a child being an abused child 6,801
or a neglected child; whether the person, in a case in which a 6,802
child has been adjudicated an abused child or a neglected child, 6,803
previously has been determined to be the perpetrator of the 6,804
abusive or neglectful act that is the basis of the adjudication; 6,805
whether either parent previously has been convicted of or pleaded 6,806
guilty to a violation of section 2919.25 of the Revised Code 6,807
involving a victim who at the time of the commission of the 6,808
offense was a member of the family or household that is the 6,809
162
subject of the current proceeding; whether either parent 6,810
previously has been convicted of an offense involving a victim 6,811
who at the time of the commission of the offense was a member of 6,812
the family or household that is the subject of the current 6,813
proceeding and caused physical harm to the victim in the 6,814
commission of the offense; and whether there is reason to believe 6,815
that the person has acted in a manner resulting in a child being 6,816
an abused child or a neglected child; 6,817
(13) Whether the residential parent or one of the parents 6,819
subject to a shared parenting decree has continuously and 6,820
willfully denied the other parent his or her PARENT'S right to 6,821
visitation in accordance with an order of the court; 6,823
(14) Whether either parent has established a residence or 6,825
is planning to establish a residence outside this state; 6,826
(15) Any other factor in the best interest of the child. 6,828
(E) The remarriage of a residential parent of a child does 6,830
not affect the authority of a court under this section to grant 6,831
visitation rights with respect to the child to the parent who is 6,832
not the residential parent or to grant reasonable companionship 6,833
or visitation rights with respect to the child to any 6,834
grandparent, any person related by consanguinity or affinity, or 6,835
any other person. 6,836
(F)(1) If the court, pursuant to division (A) of this 6,838
section, denies visitation to a parent who is not the residential 6,839
parent or denies a motion for reasonable companionship or 6,840
visitation rights filed under division (B) of this section and 6,841
the parent or movant files a written request for findings of fact 6,842
and conclusions of law, the court shall state in writing its 6,843
findings of fact and conclusions of law in accordance with Civil 6,844
Rule 52. 6,845
(2) On or before July 1, 1991, each court of common pleas, 6,847
by rule, shall adopt standard visitation guidelines. A court 6,848
shall have discretion to deviate from its standard visitation 6,849
guidelines based upon factors set forth in division (D) of this 6,850
163
section. 6,851
(G)(1) If the residential parent intends to move to a 6,853
residence other than the residence specified in the visitation 6,854
order or decree of the court, the parent shall file a notice of 6,855
intent to relocate with the court that issued the order or 6,856
decree. Except as provided in divisions (G)(2), (3), and (4) of 6,857
this section, the court shall send a copy of the notice to the 6,858
parent who is not the residential parent. Upon receipt of the 6,859
notice, the court, on its own motion or the motion of the parent 6,860
who is not the residential parent, may schedule a hearing with 6,861
notice to both parents to determine whether it is in the best 6,862
interest of the child to revise the visitation schedule for the 6,863
child. 6,864
(2) When a court grants visitation or companionship rights 6,866
to a parent who is not the residential parent, the court shall 6,867
determine whether that parent has been convicted of or pleaded 6,868
guilty to a violation of section 2919.25 of the Revised Code 6,869
involving a victim who at the time of the commission of the 6,870
offense was a member of the family or household that is the 6,871
subject of the proceeding, has been convicted of or pleaded 6,872
guilty to any other offense involving a victim who at the time of 6,873
the commission of the offense was a member of the family or 6,874
household that is the subject of the proceeding and caused 6,875
physical harm to the victim in the commission of the offense, or 6,876
has been determined to be the perpetrator of the abusive act that 6,877
is the basis of an adjudication that a child is an abused child. 6,878
If the court determines that that parent has not been so 6,879
convicted and has not been determined to be the perpetrator of an 6,880
abusive act that is the basis of a child abuse adjudication, the 6,881
court shall issue an order stating that a copy of any notice of 6,882
relocation that is filed with the court pursuant to division 6,883
(G)(1) of this section will be sent to the parent who is given 6,884
the visitation or companionship rights in accordance with 6,885
division (G)(1) of this section. 6,886
164
If the court determines that the parent who is granted the 6,888
visitation or companionship rights has been convicted of or 6,889
pleaded guilty to a violation of section 2919.25 of the Revised 6,890
Code involving a victim who at the time of the commission of the 6,891
offense was a member of the family or household that is the 6,892
subject of the proceeding, has been convicted of or pleaded 6,893
guilty to any other offense involving a victim who at the time of 6,894
the commission of the offense was a member of the family or 6,895
household that is the subject of the proceeding and caused 6,896
physical harm to the victim in the commission of the offense, or 6,897
has been determined to be the perpetrator of the abusive act that 6,898
is the basis of an adjudication that a child is an abused child, 6,899
it shall issue an order stating that that parent will not be 6,900
given a copy of any notice of relocation that is filed with the 6,901
court pursuant to division (G)(1) of this section unless the 6,902
court determines that it is in the best interest of the children 6,903
to give that parent a copy of the notice of relocation, issues an 6,904
order stating that that parent will be given a copy of any notice 6,905
of relocation filed pursuant to division (G)(1) of this section, 6,906
and issues specific written findings of fact in support of its 6,907
determination. 6,908
(3) If a court, prior to April 11, 1991, issued an order 6,910
granting visitation or companionship rights to a parent who is 6,911
not the residential parent and did not require the residential 6,912
parent in that order to give the parent who is granted the 6,913
visitation or companionship rights notice of any change of 6,914
address and if the residential parent files a notice of 6,915
relocation pursuant to division (G)(1) of this section, the court 6,916
shall determine if the parent who is granted the visitation or 6,917
companionship rights has been convicted of or pleaded guilty to a 6,918
violation of section 2919.25 of the Revised Code involving a 6,919
victim who at the time of the commission of the offense was a 6,920
member of the family or household that is the subject of the 6,921
proceeding, has been convicted of or pleaded guilty to any other 6,922
165
offense involving a victim who at the time of the commission of 6,923
the offense was a member of the family or household that is the 6,924
subject of the proceeding and caused physical harm to the victim 6,925
in the commission of the offense, or has been determined to be 6,926
the perpetrator of the abusive act that is the basis of an 6,927
adjudication that a child is an abused child. If the court 6,928
determines that the parent who is granted the visitation or 6,929
companionship rights has not been so convicted and has not been 6,930
determined to be the perpetrator of an abusive act that is the 6,931
basis of a child abuse adjudication, the court shall issue an 6,932
order stating that a copy of any notice of relocation that is 6,933
filed with the court pursuant to division (G)(1) of this section 6,934
will be sent to the parent who is granted visitation or 6,935
companionship rights in accordance with division (G)(1) of this 6,936
section. 6,937
If the court determines that the parent who is granted the 6,939
visitation or companionship rights has been convicted of or 6,940
pleaded guilty to a violation of section 2919.25 of the Revised 6,941
Code involving a victim who at the time of the commission of the 6,942
offense was a member of the family or household that is the 6,943
subject of the proceeding, has been convicted of or pleaded 6,944
guilty to any other offense involving a victim who at the time of 6,945
the commission of the offense was a member of the family or 6,946
household that is the subject of the proceeding and caused 6,947
physical harm to the victim in the commission of the offense, or 6,948
has been determined to be the perpetrator of the abusive act that 6,949
is the basis of an adjudication that a child is an abused child, 6,950
it shall issue an order stating that that parent will not be 6,951
given a copy of any notice of relocation that is filed with the 6,952
court pursuant to division (G)(1) of this section unless the 6,953
court determines that it is in the best interest of the children 6,954
to give that parent a copy of the notice of relocation, issues an 6,955
order stating that that parent will be given a copy of any notice 6,956
of relocation filed pursuant to division (G)(1) of this section, 6,957
166
and issues specific written findings of fact in support of its 6,958
determination. 6,959
(4) If a parent who is granted visitation or companionship 6,961
rights pursuant to this section or any other section of the 6,962
Revised Code is authorized by an order issued pursuant to this 6,963
section or any other court order to receive a copy of any notice 6,964
of relocation that is filed pursuant to division (G)(1) of this 6,965
section or pursuant to court order, if the residential parent 6,966
intends to move to a residence other than the residence address 6,967
specified in the visitation or companionship order, and if the 6,968
residential parent does not want the parent who is granted the 6,969
visitation or companionship rights to receive a copy of the 6,970
relocation notice because he THE PARENT WITH VISITATION OR 6,971
COMPANIONSHIP RIGHTS has been convicted of or pleaded guilty to a 6,974
violation of section 2919.25 of the Revised Code involving a 6,975
victim who at the time of the commission of the offense was a 6,976
member of the family or household that is the subject of the 6,977
proceeding, has been convicted of or pleaded guilty to any other 6,978
offense involving a victim who at the time of the commission of 6,979
the offense was a member of the family or household that is the 6,980
subject of the proceeding and caused physical harm to the victim 6,981
in the commission of the offense, or has been determined to be 6,982
the perpetrator of the abusive act that is the basis of an 6,983
adjudication that a child is an abused child, the residential 6,984
parent may file a motion with the court requesting that the 6,985
parent who is granted the visitation or companionship rights not 6,986
receive a copy of any notice of relocation. Upon the filing of 6,987
the motion, the court shall schedule a hearing on the motion and 6,988
give both parents notice of the date, time, and location of the 6,989
hearing. If the court determines that the parent who is granted 6,990
the visitation or companionship rights has been so convicted or 6,991
has been determined to be the perpetrator of an abusive act that 6,992
is the basis of a child abuse adjudication, the court shall issue 6,993
an order stating that the parent who is granted the visitation or 6,994
167
companionship rights will not be given a copy of any notice of 6,995
relocation that is filed with the court pursuant to division 6,996
(G)(1) of this section or that the residential parent is no 6,997
longer required to give that parent a copy of any notice of 6,998
relocation unless the court determines that it is in the best 6,999
interest of the children to give that parent a copy of the notice 7,000
of relocation, issues an order stating that that parent will be 7,001
given a copy of any notice of relocation filed pursuant to 7,002
division (G)(1) of this section, and issues specific written 7,003
findings of fact in support of its determination. If it does not 7,004
so find, it shall dismiss the motion. 7,005
(H)(1) Subject to division (G)(F)(2) of section 2301.35 7,008
and division (F) of section 3319.321 of the Revised Code, a 7,009
parent of a child who is not the residential parent of the child 7,010
is entitled to access, under the same terms and conditions under 7,011
which access is provided to the residential parent, to any record 7,012
that is related to the child and to which the residential parent 7,013
of the child legally is provided access, unless the court 7,014
determines that it would not be in the best interest of the child 7,015
for the parent who is not the residential parent to have access 7,016
to the records under those same terms and conditions. If the 7,017
court determines that the parent of a child who is not the 7,018
residential parent should not have access to records related to 7,019
the child under the same terms and conditions as provided for the 7,020
residential parent, the court shall specify the terms and 7,021
conditions under which the parent who is not the residential 7,022
parent is to have access to those records, shall enter its 7,023
written findings of facts and opinion in the journal, and shall 7,024
issue an order containing the terms and conditions to both the 7,025
residential parent and the parent of the child who is not the 7,026
residential parent. The court shall include in every order 7,027
issued pursuant to this division notice that any keeper of a 7,028
record who knowingly fails to comply with the order or division 7,029
(H) of this section is in contempt of court. 7,030
168
(2) Subject to division (G)(F)(2) of section 2301.35 and 7,033
division (F) of section 3319.321 of the Revised Code, subsequent 7,034
to the issuance of an order under division (H)(1) of this 7,035
section, the keeper of any record that is related to a particular 7,036
child and to which the residential parent legally is provided 7,037
access shall permit the parent of the child who is not the 7,038
residential parent to have access to the record under the same 7,039
terms and conditions under which access is provided to the 7,040
residential parent, unless the residential parent has presented 7,041
the keeper of the record with a copy of an order issued under 7,042
division (H)(1) of this section that limits the terms and 7,043
conditions under which the parent who is not the residential 7,044
parent is to have access to records pertaining to the child and 7,045
the order pertains to the record in question. If the residential 7,046
parent presents the keeper of the record with a copy of that type 7,047
of order, the keeper of the record shall permit the parent who is 7,048
not the residential parent to have access to the record only in 7,049
accordance with the most recent order that has been issued 7,050
pursuant to division (H)(1) of this section and presented to the 7,051
keeper by the residential parent or the parent who is not the 7,052
residential parent. Any keeper of any record who knowingly fails 7,053
to comply with division (H) of this section or with any order 7,054
issued pursuant to division (H)(1) of this section is in contempt 7,055
of court. 7,056
(3) The prosecuting attorney of any county may file a 7,058
complaint with the court of common pleas of that county 7,059
requesting the court to issue a protective order preventing the 7,060
disclosure pursuant to division (H)(1) or (2) of this section of 7,061
any confidential law enforcement investigatory record. The court 7,062
shall schedule a hearing on the motion and give notice of the 7,063
date, time, and location of the hearing to all parties. 7,064
(I) A court that issues a visitation order or decree 7,066
pursuant to this section, section 3109.11 or 3109.12 of the 7,067
Revised Code, or any other provision of the Revised Code shall 7,068
169
determine whether the parent granted the right of visitation is 7,069
to be permitted access, in accordance with section 5104.011 of 7,070
the Revised Code, to any child day-care center that is, or that 7,071
in the future may be, attended by the children with whom the 7,072
right of visitation is granted. Unless the court determines that 7,073
the parent who is not the residential parent should not have 7,074
access to the center to the same extent that the residential 7,075
parent is granted access to the center, the parent who is not the 7,076
residential parent and who is granted visitation or companionship 7,077
rights is entitled to access to the center to the same extent 7,078
that the residential parent is granted access to the center. If 7,079
the court determines that the parent who is not the residential 7,080
parent should not have access to the center to the same extent 7,081
that the residential parent is granted such access under division 7,082
(C) of section 5104.011 of the Revised Code, the court shall 7,083
specify the terms and conditions under which the parent who is 7,084
not the residential parent is to have access to the center, 7,085
provided that the access shall not be greater than the access 7,086
that is provided to the residential parent under division (C) of 7,087
section 5104.011 of the Revised Code, the court shall enter its 7,088
written findings of fact and opinions in the journal, and the 7,089
court shall include the terms and conditions of access in the 7,090
visitation order or decree. 7,091
(J)(1) Subject to division (F) of section 3319.321 of the 7,093
Revised Code, when a court issues an order or decree allocating 7,094
parental rights and responsibilities for the care of a child, the 7,095
parent of the child who is not the residential parent of the 7,096
child is entitled to access, under the same terms and conditions 7,097
under which access is provided to the residential parent, to any 7,098
student activity that is related to the child and to which the 7,099
residential parent of the child legally is provided access, 7,100
unless the court determines that it would not be in the best 7,101
interest of the child to grant the parent who is not the 7,102
residential parent access to the student activities under those 7,103
170
same terms and conditions. If the court determines that the 7,104
parent of the child who is not the residential parent should not 7,105
have access to any student activity that is related to the child 7,106
under the same terms and conditions as provided for the 7,107
residential parent, the court shall specify the terms and 7,108
conditions under which the parent who is not the residential 7,109
parent is to have access to those student activities, shall enter 7,110
its written findings of facts and opinion in the journal, and 7,111
shall issue an order containing the terms and conditions to both 7,112
the residential parent and the parent of the child who is not the 7,113
residential parent. The court shall include in every order 7,114
issued pursuant to this division notice that any school official 7,115
or employee who knowingly fails to comply with the order or 7,116
division (J) of this section is in contempt of court. 7,117
(2) Subject to division (F) of section 3319.321 of the 7,119
Revised Code, subsequent to the issuance of an order under 7,120
division (J)(1) of this section, all school officials and 7,121
employees shall permit the parent of the child who is not the 7,122
residential parent to have access to any student activity under 7,123
the same terms and conditions under which access is provided to 7,124
the residential parent of the child, unless the residential 7,125
parent has presented the school official or employee, the board 7,126
of education of the school, or the governing body of the 7,127
chartered nonpublic school with a copy of an order issued under 7,128
division (J)(1) of this section that limits the terms and 7,129
conditions under which the parent who is not the residential 7,130
parent is to have access to student activities related to the 7,131
child and the order pertains to the student activity in question. 7,132
If the residential parent presents the school official or 7,133
employee, the board of education of the school, or the governing 7,134
body of the chartered nonpublic school with a copy of that type 7,135
of order, the school official or employee shall permit the parent 7,136
who is not the residential parent to have access to the student 7,137
activity only in accordance with the most recent order that has 7,138
171
been issued pursuant to division (J)(1) of this section and 7,139
presented to the school official or employee, the board of 7,140
education of the school, or the governing body of the chartered 7,141
nonpublic school by the residential parent or the parent who is 7,142
not the residential parent. Any school official or employee who 7,143
knowingly fails to comply with division (J) of this section or 7,144
with any order issued pursuant to division (J)(1) of this section 7,145
is in contempt of court. 7,146
(K) If any person is found in contempt of court for 7,148
failing to comply with or interfering with any order or decree 7,149
granting companionship or visitation rights that is issued 7,150
pursuant to this section, section 3109.11 or 3109.12 of the 7,151
Revised Code, or any other provision of the Revised Code, the 7,152
court that makes the finding, in addition to any other penalty or 7,153
remedy imposed, shall assess all court costs arising out of the 7,154
contempt proceeding against the person and require the person to 7,155
pay any reasonable attorney's fees of any adverse party, as 7,156
determined by the court, that arose in relation to the act of 7,157
contempt, and may award reasonable compensatory visitation to the 7,158
person whose right of visitation was affected by the failure or 7,159
interference if such compensatory visitation is in the best 7,160
interest of the child. Any compensatory visitation awarded under 7,161
this division shall be included in an order issued by the court 7,162
and, to the extent possible, shall be governed by the same terms 7,163
and conditions as was the visitation that was affected by the 7,164
failure or interference. 7,165
(L) Any person who requests reasonable companionship or 7,167
visitation rights with respect to a child under this section, 7,168
section 3109.11 or 3109.12 of the Revised Code, or any other 7,169
provision of the Revised Code may file a motion with the court 7,170
requesting that it waive all or any part of the costs that may 7,171
accrue in the proceedings under this section, section 3109.11, or 7,172
section 3109.12 of the Revised Code. If the court determines 7,173
that the movant is indigent and that the waiver is in the best 7,174
172
interest of the child, the court, in its discretion, may waive 7,175
payment of all or any part of the costs of those proceedings. 7,176
(M) The juvenile court has exclusive jurisdiction to enter 7,178
the orders in any case certified to it from another court. 7,179
(N) As used in this section: 7,181
(1) "Abused child" has the same meaning as in section 7,183
2151.031 of the Revised Code, and "neglected child" has the same 7,184
meaning as in section 2151.03 of the Revised Code. 7,185
(2) "Record" means any record, document, file, or other 7,187
material that contains information directly related to a child, 7,188
including, but not limited to, any of the following: 7,189
(a) Records maintained by public and nonpublic schools; 7,191
(b) Records maintained by facilities that provide child 7,193
day-care, as defined in section 5104.01 of the Revised Code, 7,194
publicly funded child day-care, as defined in section 5104.01 of 7,195
the Revised Code, or pre-school services operated by or under the 7,196
supervision of a school district board of education or a 7,197
nonpublic school; 7,198
(c) Records maintained by hospitals, other facilities, or 7,200
persons providing medical or surgical care or treatment for the 7,201
child; 7,202
(d) Records maintained by agencies, departments, 7,204
instrumentalities, or other entities of the state or any 7,205
political subdivision of the state, other than a child support 7,206
enforcement agency. Access to records maintained by a child 7,207
support enforcement agency is governed by division (G)(F)(2) of 7,209
section 2301.35 of the Revised Code. 7,210
(3) "Confidential law enforcement investigatory record" 7,212
has the same meaning as in section 149.43 of the Revised Code. 7,213
Sec. 3111.09. (A) In any action instituted under sections 7,223
3111.01 to 3111.19 of the Revised Code, the court, upon its own 7,224
motion, may order and, upon the motion of any party to the 7,225
action, shall order the child's mother, the child, the alleged 7,226
father, and any other person who is a defendant in the action to 7,227
173
submit to genetic tests. If genetic tests are ordered upon the 7,228
motion of a party or the court, the court shall order that the 7,229
child's mother, the child, the alleged father, and any other 7,230
defendant submit to genetic testing. Instead of or in addition 7,231
to genetic testing ordered pursuant to this section, the court 7,232
may order the superintendent of the bureau of criminal 7,233
identification and investigation to disclose information 7,234
regarding a DNA record of the child's mother, the child, the 7,235
alleged father, or any other defendant that is stored in the DNA 7,236
database pursuant to section 109.573 of the Revised Code and may
use that information to determine the existence of a parent and 7,237
child relationship between the child and the child's mother, the 7,238
alleged father, or another defendant. If the child support 7,239
enforcement agency is not made a party to the action, the clerk 7,240
of the court shall schedule the genetic testing no later than 7,241
thirty days after the court issues its order. If the agency is 7,242
made a party to the action, the agency shall schedule the genetic 7,243
testing in accordance with the rules adopted by the department of 7,244
human services pursuant to section 2301.35 of the Revised Code. 7,245
If the alleged father of a child brings an action under sections 7,246
3111.01 to 3111.19 of the Revised Code and if the mother of the 7,247
child willfully fails to submit to genetic testing or if the 7,248
mother is the custodian of the child and willfully fails to 7,249
submit the child to genetic testing, the court shall issue an 7,250
order determining the existence of a parent and child 7,251
relationship between the father and the child without genetic 7,252
testing. If the mother or other guardian or custodian of the 7,253
child brings an action under sections 3111.01 to 3111.19 of the 7,254
Revised Code and if the alleged father of the child willfully 7,255
fails to submit himself to genetic testing or, if the alleged 7,256
father is the custodian of the child and willfully fails to 7,257
submit the child to genetic testing, the court shall issue an 7,258
order determining the existence of a parent and child 7,259
relationship between the father and the child without genetic 7,260
174
testing. If a party shows good cause for failing to submit to 7,261
genetic testing or for failing to submit the child to genetic 7,262
testing, the court shall not consider the failure to be willful. 7,263
Any
ANY fees charged for the tests shall be paid by the party 7,266
that requests them, unless the custodian of the child is 7,267
represented by the child support enforcement agency in its role 7,268
as the agency providing enforcement of child support orders under 7,269
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 7,270
U.S.C. 651, as amended, the custodian is a recipient of aid to 7,271
dependent children OHIO WORKS FIRST under Chapter 5107. of the 7,272
Revised Code for the benefit of the child, or the defendant in 7,274
the action is found to be indigent, in which case the child 7,275
support enforcement agency shall pay the costs of genetic 7,276
testing. The child support enforcement agency, within guidelines 7,277
contained in that federal law, shall use funds received pursuant 7,278
to Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 7,279
42 U.S.C. 651, as amended, to pay the fees charged for the tests. 7,280
If there is a dispute as to who shall pay the fees charged for 7,281
genetic testing, the child support enforcement agency shall pay 7,282
the fees, but neither the court nor the agency shall delay 7,283
genetic testing due to a dispute as to who shall pay the genetic 7,284
testing fees. The child support enforcement agency or the person 7,285
who paid the fees charged for the genetic testing may seek 7,286
reimbursement for the genetic testing fees from the person 7,287
against whom the court assesses the costs of the action. Any 7,288
funds used in accordance with this division by the child support 7,289
enforcement agency shall be in addition to any other funds that 7,290
the agency is entitled to receive as a result of any contractual 7,291
provision for specific funding allocations for the agency between 7,292
the county, the state, and the federal government. 7,293
(B)(1) The genetic tests shall be made by qualified 7,295
examiners who are authorized by the court or the department of 7,296
human services. An examiner conducting a genetic test, upon the 7,297
175
completion of the test, shall send a complete report of the test 7,298
results to the clerk of the court that ordered the test or, if 7,299
the agency is a party to the action, to the child support 7,300
enforcement agency of the county in which the court that ordered
the test is located. 7,301
(2) If a court orders the superintendent of the bureau of 7,303
criminal identification and investigation to disclose information 7,304
regarding a DNA record stored in the DNA database pursuant to 7,305
section 109.573 of the Revised Code, the superintendent shall 7,306
send the information to the clerk of the court that issued the 7,308
order or, if the agency is a party to the action, to the child 7,309
support enforcement agency of the county in which the court that
issued the order is located. 7,310
(3) The clerk or agency that receives a report or 7,312
information pursuant to division (B)(1) of this section shall 7,313
mail a copy of the report or information to the attorney of 7,314
record for each party or, if a party is not represented by an 7,316
attorney, to the party. The clerk or agency that receives a copy 7,317
of the report or information shall include with the report or 7,318
information sent to an attorney of record of a party or a party a 7,319
notice that the party may object to the admission into evidence
of the report or information by filing a written objection as 7,321
described in division (D) of section 3111.12 of the Revised Code 7,322
with the court that ordered the tests or ordered the disclosure
of the information no later than fourteen days after the report 7,324
or information was mailed to the attorney of record or to the 7,325
party. The examiners may be called as witnesses to testify as to 7,327
their findings. Any party may demand that other qualified
examiners perform independent genetic tests under order of the 7,328
court. The number and qualifications of the independent 7,329
examiners shall be determined by the court. 7,330
(C) Nothing in this section prevents any party to the 7,332
action from producing other expert evidence on the issue covered 7,333
by this section, but, if other expert witnesses are called by a 7,334
176
party to the action, the fees of these expert witnesses shall be 7,335
paid by the party calling the witnesses and only ordinary witness 7,336
fees for these expert witnesses shall be taxed as costs in the 7,337
action. 7,338
(D) If the court finds that the conclusions of all the 7,340
examiners are that the alleged father is not the father of the 7,341
child, the court shall enter judgment that the alleged father is 7,342
not the father of the child. If the examiners disagree in their 7,343
findings or conclusions, the court or jury shall determine the 7,344
father of the child based upon all the evidence. 7,345
(E) As used in sections 3111.01 to 3111.29 of the Revised 7,347
Code:
(1) "Genetic tests" and "genetic testing" mean either of 7,349
the following:
(a) Tissue or blood tests, including tests that identify 7,353
the presence or absence of common blood group antigens, the red 7,354
blood cell antigens, human lymphocyte antigens, serum enzymes, 7,355
serum proteins, or genetic markers; 7,356
(b) Deoxyribonucleic acid typing of blood or buccal cell 7,358
samples.
"Genetic test" and "genetic testing" may include the typing 7,360
and comparison of deoxyribonucleic acid derived from the blood of 7,361
one individual and buccal cells of another. 7,362
(2) "DNA record" and "DNA database" have the same meanings 7,365
as in section 109.573 of the Revised Code.
Sec. 3113.06. No father, or mother when she is charged 7,374
with the maintenance, of a child under eighteen years of age, or 7,376
a mentally or physically handicapped child under age twenty-one, 7,377
who is legally a ward of a county PUBLIC children services board 7,378
or of a county department of human services AGENCY or is the 7,379
recipient of aid pursuant to Chapter 5107. or 5115. of the 7,381
Revised Code, shall neglect or refuse to pay such board or 7,382
department AGENCY the reasonable cost of maintaining such child 7,384
when such father or mother is able to do so by reason of 7,385
177
property, labor, or earnings.
An offense under this section shall be held committed in 7,387
the county in which the board or department AGENCY is located. 7,388
The board or department AGENCY shall file charges against any 7,389
parent who violates this section, unless the board or department 7,390
AGENCY files charges under section 2919.21 of the Revised Code, 7,392
or unless charges of nonsupport are filed by a relative or 7,393
guardian of the child, or unless an action to enforce support is 7,394
brought under Chapter 3115. of the Revised Code. 7,395
Sec. 3113.07. As used in this section, "executive 7,405
director" has the same meaning as in section 5153.01 of the 7,406
Revised Code. 7,407
Sentence may be suspended, if a person, after conviction 7,409
under section 3113.06 of the Revised Code and before sentence 7,410
thereunder, appears before the court of common pleas in which 7,411
such conviction took place and enters into bond to the state in a 7,412
sum fixed by the court at not less than five hundred dollars, 7,413
with sureties approved by such court, conditioned that such 7,414
person will pay, so long as the child remains a ward of the 7,415
county PUBLIC children services board or county department of 7,416
human services AGENCY or a recipient of aid pursuant to Chapter 7,417
5107. or 5115. of the Revised Code, to the executive director 7,419
thereof or to a trustee to be named by the court, for the benefit 7,420
of such department or board AGENCY or if the child is a recipient 7,421
of aid pursuant to Chapter 5107. or 5115. of the Revised Code, to 7,423
the county department of human services, the reasonable cost of 7,424
keeping such child. The amount of such costs and the time of
payment shall be fixed by the court. 7,425
Sec. 3113.215. (A) As used in this section: 7,435
(1) "Income" means either of the following: 7,437
(a) For a parent who is employed to full capacity, the 7,439
gross income of the parent; 7,440
(b) For a parent who is unemployed or underemployed, the 7,442
sum of the gross income of the parent, and any potential income 7,443
178
of the parent. 7,444
(2) "Gross income" means, except as excluded in this 7,446
division, the total of all earned and unearned income from all 7,447
sources during a calendar year, whether or not the income is 7,448
taxable, and includes, but is not limited to, income from 7,449
salaries, wages, overtime pay and bonuses to the extent described 7,450
in division (B)(5)(d) of this section, commissions, royalties, 7,451
tips, rents, dividends, severance pay, pensions, interest, trust 7,452
income, annuities, social security benefits, workers' 7,453
compensation benefits, unemployment insurance benefits, 7,454
disability insurance benefits, benefits received by and in the 7,455
possession of the veteran who is the beneficiary for any 7,456
service-connected disability under a program or law administered 7,457
by the United States department of veterans' affairs or veterans' 7,458
administration, spousal support actually received from a person 7,459
not a party to the support proceeding for which actual gross 7,460
income is being determined, and all other sources of income; 7,461
income of members of any branch of the United States armed 7,462
services or national guard, including, but not limited to,
amounts representing base pay, basic allowance for quarters, 7,463
basic allowance for subsistence, supplemental subsistence 7,464
allowance, cost of living adjustment, specialty pay, variable 7,465
housing allowance, and pay for training or other types of 7,466
required drills; self-generated income; and potential cash flow 7,467
from any source. 7,468
"Gross income" does not include any benefits received from 7,470
means-tested public assistance programs, including, but not 7,471
limited to, aid to families with dependent children OHIO WORKS 7,473
FIRST, supplemental security income, food stamps, or disability 7,474
assistance, does not include any benefits for any 7,475
service-connected disability under a program or law administered 7,476
by the United States department of veterans' affairs or veterans' 7,477
administration that have not been distributed to the veteran who 7,478
is the beneficiary of the benefits and that are in the possession 7,479
179
of the United States department of veterans' affairs or veterans' 7,480
administration, does not include any child support received for 7,481
children who were not born or adopted during the marriage at 7,482
issue, does not include amounts paid for mandatory deductions 7,483
from wages other than taxes, social security, or retirement in 7,484
lieu of social security, including, but not limited to, union 7,485
dues, and does not include nonrecurring or unsustainable income 7,486
or cash flow items. 7,487
(3) "Self-generated income" means gross receipts received 7,489
by a parent from self-employment, proprietorship of a business, 7,490
joint ownership of a partnership or closely held corporation, and 7,491
rents minus ordinary and necessary expenses incurred by the 7,492
parent in generating the gross receipts. "Self-generated income" 7,493
includes expense reimbursements or in-kind payments received by a 7,494
parent from self-employment, the operation of a business, or 7,495
rents, including, but not limited to, company cars, free housing, 7,496
reimbursed meals, and other benefits, if the reimbursements are 7,497
significant and reduce personal living expenses. 7,498
(4)(a) "Ordinary and necessary expenses incurred in 7,500
generating gross receipts" means actual cash items expended by 7,501
the parent or the parent's business and includes depreciation 7,503
expenses of replacement business equipment as shown on the books 7,504
of a business entity. 7,505
(b) Except as specifically included in "ordinary and 7,507
necessary expenses incurred in generating gross receipts" by 7,508
division (A)(4)(a) of this section, "ordinary and necessary 7,509
expenses incurred in generating gross receipts" does not include 7,510
depreciation expenses and other noncash items that are allowed as 7,511
deductions on any federal tax return of the parent or the 7,512
parent's business. 7,513
(5) "Potential income" means both of the following for a 7,515
parent that the court, or a child support enforcement agency 7,516
pursuant to sections 3111.20, 3111.21, and 3111.22 of the Revised 7,518
Code, determines is voluntarily unemployed or voluntarily
180
underemployed: 7,519
(a) Imputed income that the court or agency determines the 7,521
parent would have earned if fully employed as determined from the 7,522
parent's employment potential and probable earnings based on the 7,523
parent's recent work history, the parent's occupational 7,524
qualifications, and the prevailing job opportunities and salary 7,525
levels in the community in which the parent resides; 7,526
(b) Imputed income from any nonincome-producing assets of 7,528
a parent, as determined from the local passbook savings rate or 7,529
another appropriate rate as determined by the court or agency, 7,530
not to exceed the rate of interest specified in division (A) of 7,531
section 1343.03 of the Revised Code, if the income is 7,532
significant. 7,533
(6) "Child support order" means an order for the payment 7,535
of child support. 7,536
(7) "Combined gross income" means the combined gross 7,538
income of both parents. 7,539
(8) "Split parental rights and responsibilities" means a 7,541
situation in which there is more than one child who is the 7,542
subject of an allocation of parental rights and responsibilities 7,543
and each parent is the residential parent and legal custodian of 7,544
at least one of those children. 7,545
(9) "Schedule" means the basic child support schedule set 7,547
forth in division (D) of this section. 7,548
(10) "Worksheet" means the applicable worksheet that is 7,550
used to calculate a parent's child support obligation and that is 7,551
set forth in divisions (E) and (F) of this section. 7,552
(11) "Nonrecurring or unsustainable income or cash flow 7,554
item" means any income or cash flow item that the parent receives 7,555
in any year or for any number of years not to exceed three years 7,556
and that the parent does not expect to continue to receive on a 7,557
regular basis. "Nonrecurring or unsustainable income or cash 7,558
flow item" does not include a lottery prize award that is not 7,559
paid in a lump sum or any other item of income or cash flow that 7,560
181
the parent receives or expects to receive for each year for a 7,561
period of more than three years or that the parent receives and 7,562
invests or otherwise utilizes to produce income or cash flow for 7,563
a period of more than three years. 7,564
(12) "Extraordinary medical expenses" means any uninsured 7,566
medical expenses that are incurred for a child during a calendar 7,567
year and that exceed one hundred dollars for that child during 7,568
that calendar year. 7,569
(B)(1) In any action in which a child support order is 7,571
issued or modified under Chapter 3115. or section 2151.23, 7,572
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 7,573
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 7,574
Code, in any other proceeding in which the court determines the 7,575
amount of child support that will be ordered to be paid pursuant 7,576
to a child support order, or when a child support enforcement 7,577
agency determines the amount of child support that will be paid 7,578
pursuant to an administrative child support order issued pursuant 7,579
to sections 3111.20, 3111.21, and 3111.22 of the Revised Code, 7,580
the court or agency shall calculate the amount of the obligor's 7,581
child support obligation in accordance with the basic child 7,582
support schedule in division (D) of this section, the applicable 7,583
worksheet in division (E) or (F) of this section, and the other 7,584
provisions of this section, shall specify the support obligation 7,585
as a monthly amount due, and shall order the support obligation 7,586
to be paid in periodic increments as it determines to be in the 7,587
best interest of the children. In performing its duties under 7,588
this section, the court or agency is not required to accept any 7,589
calculations in a worksheet prepared by any party to the action 7,590
or proceeding. In any action or proceeding in which the court 7,591
determines the amount of child support that will be ordered to be 7,592
paid pursuant to a child support order or when a child support 7,593
enforcement agency determines the amount of child support that 7,594
will be paid pursuant to an administrative child support order 7,595
issued pursuant to sections 3111.20, 3111.21, and 3111.22 of the 7,596
182
Revised Code, the amount of child support that would be payable 7,597
under a child support order, as calculated pursuant to the basic 7,598
child support schedule in division (D) of this section and 7,599
pursuant to the applicable worksheet in division (E) of this 7,600
section, through line 24, or in division (F) of this section, 7,601
through line 23, is rebuttably presumed to be the correct amount 7,602
of child support due, and the court or agency shall order that 7,603
amount to be paid as child support unless both of the following 7,604
apply with respect to an order issued by a court: 7,605
(a) The court, after considering the factors and criteria 7,607
set forth in division (B)(3) of this section, determines that the 7,608
amount calculated pursuant to the basic child support schedule 7,609
and pursuant to the applicable worksheet in division (E) of this 7,610
section, through line 24, or in division (F) of this section, 7,611
through line 23, would be unjust or inappropriate and would not 7,612
be in the best interest of the child. 7,613
(b) The court enters in the journal the amount of child 7,615
support calculated pursuant to the basic child support schedule 7,616
and pursuant to the applicable worksheet in division (E) of this 7,617
section, through line 24, or in division (F) of this section, 7,618
through line 23, its determination that that amount would be 7,619
unjust or inappropriate and would not be in the best interest of 7,620
the child, and findings of fact supporting that determination. 7,621
(2) In determining the amount of child support to be paid 7,623
under any child support order, the court, upon its own 7,624
recommendation or upon the recommendation of the child support 7,625
enforcement agency, shall or the child support enforcement 7,626
agency, pursuant to sections 3111.20, 3111.21, and 3111.22 of the 7,628
Revised Code, shall do all of the following: 7,629
(a) If the combined gross income of both parents is less 7,631
than six thousand six hundred dollars per year, the court or 7,632
agency shall determine the amount of the obligor's child support 7,633
obligation on a case-by-case basis using the schedule as a 7,634
guideline. The court or agency shall review the obligor's gross 7,635
183
income and living expenses to determine the maximum amount of 7,636
child support that it reasonably can order without denying the 7,637
obligor the means for self-support at a minimum subsistence level 7,638
and shall order a specific amount of child support, unless the 7,639
obligor proves to the court or agency that the obligor is totally 7,640
unable to pay child support and the court or agency determines 7,641
that it would be unjust or inappropriate to order the payment of 7,642
child support and enters its determination and supporting 7,643
findings of fact in the journal. 7,644
(b) If the combined gross income of both parents is 7,646
greater than one hundred fifty thousand dollars per year, the 7,647
court or agency shall determine the amount of the obligor's child 7,648
support obligation on a case-by-case basis and shall consider the 7,649
needs and the standard of living of the children who are the 7,650
subject of the child support order and of the parents. When the 7,651
court or agency determines the amount of the obligor's child 7,652
support obligation for parents with a combined gross income 7,653
greater than one hundred fifty thousand dollars, the court or 7,654
agency shall compute a basic combined child support obligation 7,655
that is no less than the same percentage of the parents' combined 7,656
annual income that would have been computed under the basic child 7,657
support schedule and under the applicable worksheet in division 7,658
(E) of this section, through line 24, or in division (F) of this 7,659
section, through line 23, for a combined gross income of one 7,660
hundred fifty thousand dollars, unless the court or agency 7,661
determines that it would be unjust or inappropriate and would not 7,662
be in the best interest of the child, obligor, or obligee to 7,663
order that amount and enters in the journal the figure, 7,664
determination, and findings. 7,665
(c) The court shall not order an amount of child support 7,667
that deviates from the amount of child support that would 7,668
otherwise result from the use of the basic child support schedule 7,669
and the applicable worksheet in division (E) of this section, 7,670
through line 24, or in division (F) of this section, through line 7,671
184
23, unless both of the following apply: 7,672
(i) The court, after considering the factors and criteria 7,674
set forth in division (B)(3) of this section, determines that the 7,675
amount calculated pursuant to the basic child support schedule 7,676
and pursuant to the applicable worksheet in division (E) of this 7,677
section, through line 24, or in division (F) of this section, 7,678
through line 23, would be unjust or inappropriate and would not 7,679
be in the best interest of the child; 7,680
(ii) The court enters in the journal the amount of child 7,682
support calculated pursuant to the basic child support schedule 7,683
and pursuant to the applicable worksheet in division (E) of this 7,684
section, through line 24, or in division (F) of this section, 7,685
through line 23, its determination that that amount would be 7,686
unjust or inappropriate and would not be in the best interest of 7,687
the child, and findings of fact supporting that determination. 7,688
(3) The court, in accordance with divisions (B)(1) and 7,690
(2)(c) of this section, may deviate from the amount of support 7,691
that otherwise would result from the use of the schedule and the 7,692
applicable worksheet in division (E) of this section, through 7,693
line 24, or in division (F) of this section, through line 23, in 7,694
cases in which the application of the schedule and the applicable 7,695
worksheet in division (E) of this section, through line 24, or in 7,696
division (F) of this section, through line 23, would be unjust or 7,697
inappropriate and would not be in the best interest of the child. 7,698
In determining whether that amount would be unjust or 7,699
inappropriate and would not be in the best interest of the child, 7,700
the court may consider any of the following factors and criteria: 7,701
(a) Special and unusual needs of the children; 7,703
(b) Extraordinary obligations for minor children or 7,705
obligations for handicapped children who are not stepchildren and 7,706
who are not offspring from the marriage or relationship that is 7,707
the basis of the immediate child support determination; 7,708
(c) Other court-ordered payments; 7,710
(d) Extended times of visitation or extraordinary costs 7,712
185
associated with visitation, provided that this division does not 7,713
authorize and shall not be construed as authorizing any deviation 7,714
from the schedule and the applicable worksheet in division (E) of 7,715
this section, through line 24, or in division (F) of this 7,716
section, through line 23, or any escrowing, impoundment, or 7,717
withholding of child support because of a denial of or 7,718
interference with a right of companionship or visitation granted 7,719
by court order; 7,720
(e) The obligor obtains additional employment after a 7,722
child support order is issued in order to support a second 7,723
family; 7,724
(f) The financial resources and the earning ability of the 7,726
child; 7,727
(g) Disparity in income between parties or households; 7,729
(h) Benefits that either parent receives from remarriage 7,731
or sharing living expenses with another person; 7,732
(i) The amount of federal, state, and local taxes actually 7,734
paid or estimated to be paid by a parent or both of the parents; 7,735
(j) Significant in-kind contributions from a parent, 7,737
including, but not limited to, direct payment for lessons, sports 7,738
equipment, schooling, or clothing; 7,739
(k) The relative financial resources, other assets and 7,741
resources, and needs of each parent; 7,742
(l) The standard of living and circumstances of each 7,744
parent and the standard of living the child would have enjoyed 7,745
had the marriage continued or had the parents been married; 7,746
(m) The physical and emotional condition and needs of the 7,748
child; 7,749
(n) The need and capacity of the child for an education 7,751
and the educational opportunities that would have been available 7,752
to the child had the circumstances requiring a court order for 7,753
support not arisen; 7,754
(o) The responsibility of each parent for the support of 7,756
others; 7,757
186
(p) Any other relevant factor. 7,759
The court may accept an agreement of the parents that 7,761
assigns a monetary value to any of the factors and criteria 7,762
listed in division (B)(3) of this section that are applicable to 7,763
their situation. 7,764
(4) If an obligor or obligee under a child support order 7,766
requests the court to modify the amount of support required to be 7,767
paid pursuant to the child support order, the court shall 7,768
recalculate the amount of support that would be required to be 7,769
paid under the support order in accordance with the schedule and 7,770
pursuant to the applicable worksheet in division (E) of this 7,771
section, through line 24, or in division (F) of this section, 7,772
through line 23, and if that amount as recalculated is more than 7,773
ten per cent greater than or more than ten per cent less than the 7,774
amount of child support that is required to be paid pursuant to 7,775
the existing child support order, the deviation from the 7,776
recalculated amount that would be required to be paid under the 7,777
schedule and the applicable worksheet in division (E) of this 7,778
section, through line 24, or in division (F) of this section, 7,779
through line 23, shall be considered by the court as a change of 7,780
circumstance that is substantial enough to require a modification 7,781
of the amount of the child support order. In determining 7,782
pursuant to this division the recalculated amount of support that 7,783
would be required to be paid under the support order for purposes 7,784
of determining whether that recalculated amount is more than ten 7,785
per cent greater than or more than ten per cent less than the 7,786
amount of child support that is required to be paid pursuant to 7,787
the existing child support order, the court shall consider, in 7,788
addition to all other factors required by law to be considered, 7,789
the cost of health insurance which the obligor, the obligee, or 7,790
both the obligor and the obligee have been ordered to obtain for 7,791
the children specified in the order. Additionally, if an obligor 7,792
or obligee under a child support order requests the court to 7,793
modify the amount of support required to be paid pursuant to the 7,794
187
child support order and if the court determines that the amount 7,795
of support does not adequately meet the medical needs of the 7,796
child, the inadequate coverage shall be considered by the court 7,797
as a change of circumstance that is substantial enough to require 7,798
a modification of the amount of the child support order. If the 7,799
court determines that the amount of child support required to be 7,800
paid under the child support order should be changed due to a 7,801
substantial change of circumstances that was not contemplated at 7,802
the time of the issuance of the original child support order or 7,803
the last modification of the child support order, the court shall 7,804
modify the amount of child support required to be paid under the 7,805
child support order to comply with the schedule and the 7,806
applicable worksheet in division (E) of this section, through 7,807
line 24, or in division (F) of this section, through line 23, 7,808
unless the court determines that the amount calculated pursuant 7,809
to the basic child support schedule and pursuant to the 7,810
applicable worksheet in division (E) of this section, through 7,811
line 24, or in division (F) of this section, through line 23, 7,812
would be unjust or inappropriate and would not be in the best 7,813
interest of the child and enters in the journal the figure, 7,814
determination, and findings specified in division (B)(2)(c) of 7,815
this section. 7,816
(5) When a court computes the amount of child support 7,818
required to be paid under a child support order or a child 7,819
support enforcement agency computes the amount of child support 7,820
to be paid pursuant to an administrative child support order 7,821
issued pursuant to section 3111.20, 3111.21, or 3111.22 of the 7,822
Revised Code, all of the following apply: 7,824
(a) The parents shall verify current and past income and 7,826
personal earnings with suitable documents, including, but not 7,827
limited to, paystubs, employer statements, receipts and expense 7,828
vouchers related to self-generated income, tax returns, and all 7,829
supporting documentation and schedules for the tax returns. 7,830
(b) The amount of any pre-existing child support 7,832
188
obligation of a parent under a child support order and the amount 7,833
of any court-ordered spousal support paid to a former spouse 7,834
shall be deducted from the gross income of that parent to the 7,835
extent that payment under the child support order or that payment 7,836
of the court-ordered spousal support is verified by supporting 7,837
documentation. 7,838
(c) If other minor children who were born to the parent 7,841
and a person other than the other parent who is involved in the 7,843
immediate child support determination live with the parent, the 7,844
court or agency shall deduct an amount from that parent's gross 7,845
income that equals the number of such minor children times the 7,846
federal income tax exemption for such children less child support 7,847
received for them for the year, not exceeding the federal income 7,848
tax exemption. 7,849
(d) When the court or agency calculates the gross income 7,851
of a parent, it shall include the lesser of the following as 7,852
income from overtime and bonuses: 7,853
(i) The yearly average of all overtime and bonuses 7,855
received during the three years immediately prior to the time 7,856
when the person's child support obligation is being computed; 7,857
(ii) The total overtime and bonuses received during the 7,859
year immediately prior to the time when the person's child 7,860
support obligation is being computed. 7,861
(e) When the court or agency calculates the gross income 7,863
of a parent, it shall not include any income earned by the spouse 7,864
of that parent. 7,865
(f) The court shall not order an amount of child support 7,868
for reasonable and ordinary uninsured medical or dental expenses 7,869
in addition to the amount of the child support obligation 7,870
determined in accordance with the schedule. The court shall 7,871
issue a separate order for extraordinary medical or dental 7,872
expenses, including, but not limited to, orthodontia,
psychological, appropriate private education, and other expenses, 7,873
and may consider the expenses in adjusting a child support order. 7,874
189
(g) When a court or agency calculates the amount of child 7,876
support to be paid pursuant to a child support order or an 7,877
administrative child support order, if the combined gross income 7,878
of both parents is an amount that is between two amounts set 7,879
forth in the first column of the schedule, the court or agency 7,880
may use the basic child support obligation that corresponds to 7,881
the higher of the two amounts in the first column of the 7,882
schedule, use the basic child support obligation that corresponds 7,883
to the lower of the two amounts in the first column of the 7,884
schedule, or calculate a basic child support obligation that is 7,885
between those two amounts and corresponds proportionally to the 7,886
parents' actual combined gross income. 7,887
(h) When the court or agency calculates gross income, the 7,889
court or agency, when appropriate, may average income over a 7,890
reasonable period of years. 7,891
(6)(a) If the court issues a shared parenting order in 7,893
accordance with section 3109.04 of the Revised Code, the court 7,894
shall order an amount of child support to be paid under the child 7,895
support order that is calculated in accordance with the schedule 7,896
and with the worksheet set forth in division (E) of this section, 7,897
through line 24, except that, if the application of the schedule 7,898
and the worksheet, through line 24, would be unjust or 7,899
inappropriate to the children or either parent and would not be 7,900
in the best interest of the child because of the extraordinary 7,901
circumstances of the parents or because of any other factors or 7,902
criteria set forth in division (B)(3) of this section, the court 7,903
may deviate from the amount of child support that would be 7,904
ordered in accordance with the schedule and worksheet, through 7,905
line 24, shall consider those extraordinary circumstances and 7,906
other factors or criteria if it deviates from that amount, and 7,907
shall enter in the journal the amount of child support calculated 7,908
pursuant to the basic child support schedule and pursuant to the 7,909
applicable worksheet, through line 24, its determination that 7,910
that amount would be unjust or inappropriate and would not be in 7,911
190
the best interest of the child, and findings of fact supporting 7,912
that determination. 7,913
(b) For the purposes of this division, "extraordinary 7,915
circumstances of the parents" includes, but is not limited to, 7,916
all of the following: 7,917
(i) The amount of time that the children spend with each 7,919
parent; 7,920
(ii) The ability of each parent to maintain adequate 7,922
housing for the children; 7,923
(iii) Each parent's expenses, including, but not limited 7,925
to, child care expenses, school tuition, medical expenses, and 7,926
dental expenses. 7,927
(7)(a) In any action in which a child support order is 7,929
issued or modified under Chapter 3115. or section 2151.23, 7,930
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 7,931
3111.13, 3113.04, or 3113.31 of the Revised Code or in any other 7,933
proceeding in which the court determines the amount of child 7,934
support that will be ordered to be paid pursuant to a child 7,935
support order and except as otherwise provided in this division, 7,936
the court shall issue a minimum support order requiring the 7,937
obligor to pay a minimum amount of fifty dollars a month for 7,938
child support under the child support order. The court, in its 7,939
discretion and in appropriate circumstances, may issue a minimum 7,940
support order requiring the obligor to pay an amount of child 7,941
support that is less than fifty dollars a month or not requiring 7,942
the obligor to pay an amount for support. The appropriate 7,943
circumstances for which a court may issue a minimum support order 7,944
requiring an obligor to pay an amount of child support that is 7,945
less than fifty dollars a month or not requiring the obligor to 7,946
pay an amount for support include, but are not limited to, the 7,947
nonresidential parent's medically verified or documented physical 7,948
or mental disability or institutionalization in a facility for 7,949
persons with a mental illness. If the court issues a minimum 7,950
support order pursuant to this division and the obligor under the 7,951
191
support order is the recipient of need-based public assistance, 7,952
any unpaid amounts of support due under the support order shall 7,953
accrue as arrearages from month to month, the obligor's current 7,954
obligation to pay the support due under the support order is 7,955
suspended during any period of time that the obligor is receiving 7,956
need-based public assistance and is complying with any seek work 7,957
orders issued pursuant to division (D)(7) of section 3113.21 of 7,958
the Revised Code, and the court, obligee, and child support 7,959
enforcement agency shall not enforce the obligation of the 7,960
obligor to pay the amount of support due under the support order 7,961
during any period of time that the obligor is receiving 7,962
need-based public assistance and is complying with any seek work 7,963
orders issued pursuant to division (D)(7) of section 3113.21 of 7,964
the Revised Code. 7,965
(b) Notwithstanding division (B)(7)(a) of this section, if 7,967
the amount of support payments that federal law requires or 7,968
permits to be disregarded in determining eligibility for aid 7,969
under Chapter 5107. of the Revised Code exceeds fifty dollars, 7,970
instead of fifty dollars the amount of a minimum support order 7,971
described in division (B)(7)(a) of this section shall be the 7,972
amount federal law requires or permits to be disregarded. 7,973
(C) Except when the parents have split parental rights and 7,975
responsibilities, a parent's child support obligation for a child 7,976
for whom the parent is the residential parent and legal custodian 7,977
shall be presumed to be spent on that child and shall not become 7,978
part of a child support order, and a parent's child support 7,979
obligation for a child for whom the parent is not the residential 7,980
parent and legal custodian shall become part of a child support 7,981
order. If the parents have split parental rights and 7,982
responsibilities, the child support obligations of the parents 7,983
shall be offset, and the court shall issue a child support order 7,984
requiring the parent with the larger child support obligation to 7,985
pay the net amount pursuant to the child support order. If 7,986
neither parent of a child who is the subject of a child support 7,987
192
order is the residential parent and legal custodian of the child 7,988
and the child resides with a third party who is the legal 7,989
custodian of the child, the court shall issue a child support 7,990
order requiring each parent to pay that parent's child support 7,992
obligation pursuant to the child support order. 7,993
Whenever a court issues a child support order, it shall 7,995
include in the order specific provisions for regular, holiday, 7,996
vacation, and special visitation in accordance with section 7,997
3109.05, 3109.11, or 3109.12 of the Revised Code or in accordance 7,998
with any other applicable section of the Revised Code. The court 7,999
shall not authorize or permit the escrowing, impoundment, or 8,000
withholding of any child support payment because of a denial of 8,001
or interference with a right of visitation included as a specific 8,002
provision of the child support order or as a method of enforcing 8,003
the specific provisions of the child support order dealing with 8,004
visitation. 8,005
(D)(1) Except as provided in divisions (D)(2) and (3) of 8,007
this section, the following basic child support schedule shall be 8,008
used by all courts and child support enforcement agencies when 8,009
calculating the amount of child support that will be paid 8,010
pursuant to a child support order or an administrative child 8,011
support order, unless the combined gross income of the parents is 8,012
less than sixty-six hundred dollars or more than one hundred 8,013
fifty thousand dollars: 8,014
Basic Child Support Schedule 8,015
Combined 8,017
Gross Number of Children 8,019
INCOME One Two Three Four Five Six 8,022
6600 600 600 600 600 600 600 8,023
7200 600 600 600 600 600 600 8,024
7800 600 600 600 600 600 600 8,025
8400 600 600 600 600 600 600 8,026
9000 849 859 868 878 887 896 8,027
9600 1259 1273 1287 1301 1315 1329 8,028
193
10200 1669 1687 1706 1724 1743 1761 8,029
10800 2076 2099 2122 2145 2168 2192 8,030
11400 2331 2505 2533 2560 2588 2616 8,031
12000 2439 2911 2943 2975 3007 3039 8,032
12600 2546 3318 3354 3390 3427 3463 8,033
13200 2654 3724 3765 3806 3846 3887 8,034
13800 2761 4029 4175 4221 4266 4311 8,035
14400 2869 4186 4586 4636 4685 4735 8,036
15000 2976 4342 4996 5051 5105 5159 8,037
15600 3079 4491 5321 5466 5524 5583 8,038
16200 3179 4635 5490 5877 5940 6003 8,039
16800 3278 4780 5660 6254 6355 6423 8,040
17400 3378 4924 5830 6442 6771 6843 8,041
18000 3478 5069 5999 6629 7186 7262 8,042
18600 3578 5213 6169 6816 7389 7682 8,043
19200 3678 5358 6339 7004 7592 8102 8,044
19800 3778 5502 6508 7191 7796 8341 8,045
20400 3878 5647 6678 7378 7999 8558 8,046
21000 3977 5790 6847 7565 8201 8774 8,047
21600 4076 5933 7015 7750 8402 8989 8,048
22200 4176 6075 7182 7936 8602 9204 8,049
22800 4275 6216 7345 8116 8798 9413 8,050
23400 4373 6357 7509 8297 8994 9623 8,051
24000 4471 6498 7672 8478 9190 9832 8,052
24600 4570 6639 7836 8658 9386 10042 8,053
25200 4668 6780 8000 8839 9582 10251 8,054
25800 4767 6920 8163 9020 9778 10461 8,055
26400 4865 7061 8327 9200 9974 10670 8,056
27000 4963 7202 8490 9381 10170 10880 8,057
27600 5054 7332 8642 9548 10351 11074 8,058
28200 5135 7448 8776 9697 10512 11246 8,059
28800 5216 7564 8911 9845 10673 11418 8,060
29400 5297 7678 9045 9995 10833 11592 8,061
30000 5377 7792 9179 10143 10994 11764 8,062
194
30600 5456 7907 9313 10291 11154 11936 8,063
31200 5535 8022 9447 10439 11315 12107 8,064
31800 5615 8136 9581 10587 11476 12279 8,065
32400 5694 8251 9715 10736 11636 12451 8,066
33000 5774 8366 9849 10884 11797 12623 8,067
33600 5853 8480 9983 11032 11957 12794 8,068
34200 5933 8595 10117 11180 12118 12966 8,069
34800 6012 8709 10251 11328 12279 13138 8,070
35400 6091 8824 10385 11476 12439 13310 8,071
36000 6171 8939 10519 11624 12600 13482 8,072
36600 6250 9053 10653 11772 12761 13653 8,073
37200 6330 9168 10787 11920 12921 13825 8,074
37800 6406 9275 10913 12058 13071 13988 8,075
38400 6447 9335 10984 12137 13156 14079 8,076
39000 6489 9395 11055 12215 13242 14170 8,077
39600 6530 9455 11126 12294 13328 14261 8,078
40200 6571 9515 11197 12373 13413 14353 8,079
40800 6613 9575 11268 12451 13499 14444 8,080
41400 6653 9634 11338 12529 13583 14534 8,081
42000 6694 9693 11409 12607 13667 14624 8,082
42600 6735 9752 11479 12684 13752 14714 8,083
43200 6776 9811 11549 12762 13836 14804 8,084
43800 6817 9871 11619 12840 13921 14894 8,085
44400 6857 9930 11690 12917 14005 14985 8,086
45000 6898 9989 11760 12995 14090 15075 8,087
45600 6939 10049 11830 13073 14174 15165 8,088
46200 6978 10103 11897 13146 14251 15250 8,089
46800 7013 10150 11949 13203 14313 15316 8,090
47400 7048 10197 12000 13260 14375 15382 8,091
48000 7083 10245 12052 13317 14437 15448 8,092
48600 7117 10292 12103 13374 14498 15514 8,093
49200 7152 10339 12155 13432 14560 15580 8,094
49800 7187 10386 12206 13489 14622 15646 8,095
50400 7222 10433 12258 13546 14684 15712 8,096
195
51000 7257 10481 12309 13603 14745 15778 8,097
51600 7291 10528 12360 13660 14807 15844 8,098
52200 7326 10575 12412 13717 14869 15910 8,099
52800 7361 10622 12463 13774 14931 15976 8,100
53400 7396 10669 12515 13832 14992 16042 8,101
54000 7431 10717 12566 13889 15054 16108 8,102
54600 7468 10765 12622 13946 15120 16178 8,103
55200 7524 10845 12716 14050 15232 16298 8,104
55800 7582 10929 12814 14159 15350 16425 8,105
56400 7643 11016 12918 14273 15474 16558 8,106
57000 7704 11104 13021 14388 15598 16691 8,107
57600 7765 11192 13125 14502 15722 16824 8,108
58200 7825 11277 13225 14613 15842 16953 8,109
58800 7883 11361 13324 14723 15961 17079 8,110
59400 7941 11445 13423 14832 16079 17206 8,111
60000 8000 11529 13522 14941 16197 17333 8,112
60600 8058 11612 13620 15050 16315 17460 8,113
61200 8116 11696 13719 15160 16433 17587 8,114
61800 8175 11780 13818 15269 16552 17714 8,115
62400 8233 11864 13917 15378 16670 17840 8,116
63000 8288 11945 14011 15481 16783 17958 8,117
63600 8344 12024 14102 15582 16893 18075 8,118
64200 8399 12103 14194 15683 17002 18193 8,119
64800 8454 12183 14285 15784 17111 18310 8,120
65400 8510 12262 14376 15885 17220 18427 8,121
66000 8565 12341 14468 15986 17330 18544 8,122
66600 8620 12421 14559 16087 17439 18661 8,123
67200 8676 12500 14650 16188 17548 18778 8,124
67800 8731 12579 14741 16289 17657 18895 8,125
68400 8786 12659 14833 16390 17767 19012 8,126
69000 8842 12738 14924 16491 17876 19129 8,127
69600 8897 12817 15015 16592 17985 19246 8,128
70200 8953 12897 15107 16693 18094 19363 8,129
70800 9008 12974 15196 16791 18201 19476 8,130
196
71400 9060 13047 15281 16885 18302 19585 8,131
72000 9111 13120 15366 16979 18404 19694 8,132
72600 9163 13194 15451 17073 18506 19803 8,133
73200 9214 13267 15536 17167 18608 19912 8,134
73800 9266 13340 15621 17261 18709 20021 8,135
74400 9318 13413 15706 17355 18811 20130 8,136
75000 9369 13487 15791 17449 18913 20239 8,137
75600 9421 13560 15876 17543 19015 20347 8,138
76200 9473 13633 15961 17636 19116 20456 8,139
76800 9524 13707 16046 17730 19218 20565 8,140
77400 9576 13780 16131 17824 19320 20674 8,141
78000 9627 13853 16216 17918 19422 20783 8,142
78600 9679 13927 16300 18012 19523 20892 8,143
79200 9731 14000 16385 18106 19625 21001 8,144
79800 9782 14073 16470 18200 19727 21109 8,145
80400 9834 14147 16555 18294 19829 21218 8,146
81000 9885 14220 16640 18387 19930 21326 8,147
81600 9936 14292 16723 18480 20030 21434 8,148
82200 9987 14364 16807 18573 20131 21541 8,149
82800 10038 14439 16891 18665 20235 21651 8,150
83400 10090 14514 16979 18762 20340 21763 8,151
84000 10142 14589 17066 18859 20444 21875 8,152
84600 10194 14663 17154 18956 20549 21987 8,153
85200 10246 14738 17241 19052 20653 22099 8,154
85800 10298 14813 17329 19149 20758 22211 8,155
86400 10350 14887 17417 19246 20863 22323 8,156
87000 10403 14962 17504 19343 20967 22435 8,157
87600 10455 15037 17592 19440 21072 22547 8,158
88200 10507 15111 17679 19537 21176 22659 8,159
88800 10559 15186 17767 19633 21281 22771 8,160
89400 10611 15261 17855 19730 21386 22883 8,161
90000 10663 15335 17942 19827 21490 22995 8,162
90600 10715 15410 18030 19924 21595 23107 8,163
91200 10767 15485 18118 20021 21700 23219 8,164
197
91800 10819 15559 18205 20118 21804 23331 8,165
92400 10872 15634 18293 20215 21909 23443 8,166
93000 10924 15709 18380 20311 22013 23555 8,167
93600 10976 15783 18468 20408 22118 23667 8,168
94200 11028 15858 18556 20505 22223 23779 8,169
94800 11080 15933 18643 20602 22327 23891 8,170
95400 11132 16007 18731 20699 22432 24003 8,171
96000 11184 16082 18818 20796 22536 24115 8,172
96600 11236 16157 18906 20892 22641 24227 8,173
97200 11289 16231 18994 20989 22746 24339 8,174
97800 11341 16306 19081 21086 22850 24451 8,175
98400 11393 16381 19169 21183 22955 24563 8,176
99000 11446 16450 19255 21279 23062 24676 8,177
99600 11491 16516 19334 21366 23156 24777 8,178
100200 11536 16583 19413 21453 23250 24878 8,179
100800 11581 16649 19491 21539 23345 24978 8,180
101400 11625 16714 19569 21625 23437 25077 8,181
102000 11670 16779 19646 21710 23530 25177 8,182
102600 11714 16844 19724 21796 23623 25276 8,183
103200 11759 16909 19801 21881 23715 25375 8,184
103800 11803 16974 19879 21967 23808 25475 8,185
104400 11847 17039 19956 22052 23901 25574 8,186
105000 11892 17104 20034 22138 23994 25673 8,187
105600 11934 17167 20108 22220 24083 25769 8,188
106200 11979 17232 20186 22305 24176 25868 8,189
106800 12023 17297 20263 22391 24269 25968 8,190
107400 12068 17362 20341 22476 24361 26067 8,191
108000 12110 17425 20415 22559 24451 26162 8,192
108600 12155 17490 20493 22644 24543 26262 8,193
109200 12199 17555 20570 22730 24636 26361 8,194
109800 12243 17620 20648 22815 24729 26460 8,195
110400 12286 17683 20722 22897 24818 26556 8,196
111000 12331 17748 20800 22983 24911 26655 8,197
111600 12375 17813 20877 23068 25004 26755 8,198
198
112200 12419 17878 20955 23154 25096 26854 8,199
112800 12462 17941 21029 23236 25186 26949 8,200
113400 12506 18006 21107 23322 25278 27049 8,201
114000 12551 18071 21184 23407 25371 27148 8,202
114600 12595 18136 21262 23493 25464 27247 8,203
115200 12640 18202 21339 23578 25557 27347 8,204
115800 12682 18264 21414 23660 25646 27442 8,205
116400 12727 18329 21491 23746 25739 27542 8,206
117000 12771 18394 21569 23831 25832 27641 8,207
117600 12815 18460 21646 23917 25924 27740 8,208
118200 12858 18522 21721 23999 26013 27836 8,209
118800 12902 18587 21798 24084 26106 27935 8,210
119400 12947 18652 21876 24170 26199 28034 8,211
120000 12991 18718 21953 24256 26292 28134 8,212
120600 13034 18780 22028 24338 26381 28229 8,213
121200 13078 18845 22105 24423 26474 28329 8,214
121800 13123 18910 22183 24509 26567 28428 8,215
122400 13167 18976 22260 24594 26659 28527 8,216
123000 13210 19038 22335 24676 26749 28623 8,217
123600 13254 19103 22412 24762 26841 28722 8,218
124200 13299 19168 22490 24847 26934 28821 8,219
124800 13343 19234 22567 24933 27027 28921 8,220
125400 13386 19296 22642 25015 27116 29016 8,221
126000 13430 19361 22719 25101 27209 29115 8,222
126600 13474 19426 22797 25186 27302 29215 8,223
127200 13519 19492 22874 25272 27395 29314 8,224
127800 13561 19554 22949 25354 27484 29410 8,225
128400 13606 19619 23026 25439 27576 29509 8,226
129000 13650 19684 23104 25525 27669 29608 8,227
129600 13695 19750 23181 25610 27762 29708 8,228
130200 13739 19815 23259 25696 27855 29807 8,229
130800 13783 19879 23335 25780 27946 29905 8,230
131400 13828 19945 23414 25868 28041 30007 8,231
132000 13874 20012 23494 25955 28136 30108 8,232
199
132600 13919 20079 23573 26043 28231 30210 8,233
133200 13963 20143 23649 26127 28323 30308 8,234
133800 14008 20210 23729 26215 28418 30410 8,235
134400 14054 20276 23808 26302 28513 30511 8,236
135000 14099 20343 23887 26390 28608 30613 8,237
135600 14143 20407 23964 26474 28699 30711 8,238
136200 14188 20474 24043 26561 28794 30813 8,239
136800 14234 20541 24123 26649 28889 30914 8,240
137400 14279 20607 24202 26737 28984 31016 8,241
138000 14323 20671 24278 26821 29075 31114 8,242
138600 14368 20738 24358 26908 29170 31215 8,243
139200 14414 20805 24437 26996 29265 31317 8,244
139800 14459 20872 24516 27083 29361 31419 8,245
140400 14503 20936 24593 27168 29452 31517 8,246
141000 14549 21002 24672 27255 29547 31618 8,247
141600 14594 21069 24751 27343 29642 31720 8,248
142200 14639 21136 24831 27430 29737 31822 8,249
142800 14683 21200 24907 27515 29828 31920 8,250
143400 14729 21267 24986 27602 29923 32021 8,251
144000 14774 21333 25066 27690 30018 32123 8,252
144600 14820 21400 25145 27777 30113 32225 8,253
145200 14865 21467 25225 27865 30208 32327 8,254
145800 14909 21531 25301 27949 30300 32424 8,255
146400 14963 21596 25377 28041 30396 32526 8,256
147000 15006 21659 25452 28124 30486 32622 8,257
147600 15049 21722 25527 28207 30576 32718 8,258
148200 15090 21782 25599 28286 30662 32810 8,259
148800 15133 21845 25674 28369 30752 32907 8,260
149400 15176 21908 25749 28452 30842 33003 8,261
150000 15218 21971 25823 28534 30931 33099 8,262
(2) Until July 1, 1994, or a later date specified pursuant 8,265
to division (D)(3) of this section, the following basic child 8,266
support schedule shall be used by all courts and child support 8,267
enforcement agencies to calculate the amount of child support 8,268
200
that will be paid pursuant to a child support order or an 8,269
administrative child support order when combined gross income is 8,270
at least six thousand dollars but not more than twenty-one 8,271
thousand six hundred dollars: 8,272
Basic Child Support Schedule 8,273
Gross Number of Children 8,275
Income One Two Three Four Five Six 8,278
6000 240 372 468 528 576 612 8,279
7200 1068 1308 1428 1608 1656 1692 8,280
8400 1884 2244 2388 2688 2736 2784 8,281
9600 2052 3180 3348 3768 3816 3876 8,282
10800 2208 3432 4308 4848 4896 4968 8,283
12000 2439 3684 4620 5208 5676 6060 8,284
13200 2654 3924 4920 5556 6048 6456 8,285
14400 2869 4186 5208 5880 6408 6840 8,286
15600 3079 4491 5508 6204 6756 7224 8,287
16800 3278 4780 5796 6528 7116 7608 8,288
18000 3478 5069 6072 6840 7464 7980 8,289
19200 3678 5358 6339 7140 7788 8352 8,290
20400 3878 5647 6678 7440 8112 8688 8,291
21600 4078 5935 7018 7755 8448 9036 8,292
(3) The office of budget and management and the department 8,295
of human services shall conduct a study of the impact on the 8,296
general revenue fund of implementing the basic child support 8,297
schedule in division (D)(1) of this section for combined gross 8,298
incomes of at least six thousand dollars but not more than 8,299
twenty-one thousand six hundred dollars. If, prior to July 1, 8,300
1994, the department and the office conclude from the study that 8,301
implementing the basic child support schedule in division (D)(1) 8,302
of this section for those incomes will have a negative impact on 8,303
the general revenue fund, the department shall inform the 8,304
controlling board of the impact and recommend to the board 8,305
continued use of the schedule in division (D)(2) until a date 8,306
which the department shall specify. On receipt of the 8,307
201
department's recommendation, the board shall specify a date for 8,308
discontinuance of the schedule in division (D)(2), which may be 8,309
the date recommended by the department or any other date 8,310
considered appropriate by the board. On the date specified by 8,311
the board, the schedule in division (D)(2) shall cease to be used 8,312
and child support shall be calculated pursuant to the schedule in 8,313
division (D)(1) of this section. 8,314
(E) When a court or child support enforcement agency 8,316
calculates the amount of child support that will be required to 8,317
be paid pursuant to a child support order or an administrative 8,318
child support order in a proceeding in which one parent is the 8,319
residential parent and legal custodian of all of the children who 8,320
are the subject of the child support order or the court issues a 8,321
shared parenting order, the court or child support enforcement 8,322
agency shall use a worksheet that is identical in content and 8,323
form to the following worksheet: 8,324
"Worksheet 8,325
............... County Domestic Relations Court (or) 8,326
............... County Child Support Enforcement Agency 8,327
Child Support Computation 8,328
Sole Residential Parent or 8,329
Shared Parenting Order 8,330
Name of parties ................................................. 8,332
Case No. .......... 8,334
Number of minor children ...... The following parent was 8,336
designated as the residential parent and legal custodian 8,337
(disregard if shared parenting order): 8,338
............. mother; ............ father. 8,340
Father has ..... pay periods annually; mother has ..... pay 8,342
periods annually. 8,343
Column I Column II Column III 8,345
Father Mother Combined
1a. Annual gross income from 8,348
employment or, when
202
determined appropriate by 8,349
the court or agency,
average annual gross income
from employment over a
reasonable period of years 8,350
(exclude overtime and
bonuses)................... $...... $...... 8,352
b. Amount of overtime and 8,353
bonuses Father Mother 8,354
Yr. 3 8,355
(Three years ago) $...... $...... 8,357
Yr. 2 8,358
(Two years ago) $...... $...... 8,360
Yr. 1 8,361
(Last calendar year) $...... $...... 8,363
Average: $...... $...... 8,365
(Include in Column I and/or 8,366
Column II the average of
the three years or the year 8,367
1 amount, whichever is
less, if there exists a
reasonable expectation that 8,368
the total earnings from
overtime and/or bonuses
during the current calendar 8,369
year will meet or exceed
the amount that is the
lower of the average of the 8,370
three years or the year 1
amount. If, however, there
exists a reasonable 8,371
expectation that the total
earnings from
overtime/bonuses during the 8,372
203
current calendar year will
be less than the lower of
the average of the three 8,373
years or the year 1 amount,
include only the amount
reasonably expected to be 8,374
earned this year.)......... $...... $...... 8,375
2. Annual income from interest 8,376
and dividends (whether or
not taxable)............... $...... $...... 8,378
3. Annual income from 8,379
unemployment compensation.. $...... $...... 8,380
4. Annual income from workers' 8,381
compensation or disability
insurance benefits......... $...... $...... 8,383
5. Other annual income 8,384
(identify)................. $...... $...... 8,385
6. Total annual gross income 8,386
(add lines 1-5)............ $...... $...... 8,387
7. Annual court-ordered support 8,388
paid for other children.... $...... $...... 8,389
8. Adjustment for minor 8,390
children born to either
parent and another parent, 8,391
which children are living
with this parent (number of
children times federal 8,392
income tax exemption less
child support received for
the year, not to exceed the 8,393
federal tax exemption)..... $...... $...... 8,394
9. Annual court-ordered spousal 8,395
support paid to a former
spouse..................... $...... $...... 8,397
204
10. Amount of local income taxes 8,398
actually paid or estimated
to be paid................. $...... $...... 8,400
11. For self-employed 8,401
individuals, deduct 5.6% of
adjusted gross income or 8,402
the actual marginal
difference between the
actual rate paid by the
self-employed individual 8,403
and the F.I.C.A. rate...... $...... $...... 8,404
12. For self-employed 8,405
individuals, deduct
ordinary and necessary
business expenses.......... $...... $...... 8,407
13. Total gross income 8,408
adjustments (add lines
7-12)...................... $...... $...... 8,409
14. Adjusted annual gross income 8,410
(subtract line 13 from line
6)......................... $...... $...... 8,412
15. Combined annual income that 8,413
is basis for child support
order (add line 14, Col. I 8,414
and Col. II)......................... $......
16. Percentage parent's income 8,415
to total income
a. Father (divide line 14, Col. 8,416
I by line 15, Col. III) .........% 8,417
b. Mother (divide line 14, Col. 8,418
II by line 15, Col. III) .......... + .......% = 100% 8,419
17. Basic combined child support 8,420
obligation (Refer to basic
child support schedule in 8,421
205
division (D) of section
3113.215 of the Revised
Code; in the first column 8,422
of the schedule, locate the
sum that is nearest to the
combined annual income 8,423
listed in line 15, Col. III
of this worksheet, then
refer to the column of the 8,424
schedule that corresponds
to the number of children
in this family. If the 8,425
income of the parents is
more than one sum, and less
than another sum, in the 8,426
first column of the
schedule, you may calculate
the basic combined child 8,427
support obligation based
upon the obligation for
those two sums.)........... $...... 8,429
18. Annual child care expenses 8,430
for the children who are
the subject of this order 8,431
that are work, employment
training, or education 8,432
related, as approved by the
court or agency (deduct the
tax credit from annual 8,433
cost, whether or not
claimed)................... $...... $...... 8,434
19. Marginal, out-of-pocket 8,435
costs, necessary to provide
for health insurance for 8,436
206
the children who are the
subject of this order...... $...... $...... 8,437
20. Total child care and medical 8,438
expenses (add lines 18 and
19, Column I and Column II). $...... $...... 8,440
21. Combined annual child 8,441
support obligation for this
family (add lines 17 and 8,442
20, Column I and Column II). ....... $...... 8,443
22. Annual support 8,444
obligation/parent
a. Father (multiply line 21, 8,445
Col. III, by line 16a)..... $...... 8,446
b. Mother (multiply line 21, 8,447
Col. III, by line 16b)..... $...... 8,448
23. Adjustment for actual 8,449
expenses paid for annual
child care expenses and 8,450
marginal, out-of-pocket
costs, necessary to provide
for health insurance (enter 8,451
number from line 18 or 19
if applicable)............. $...... $...... 8,452
24. Actual annual obligation 8,453
(subtract line 23 from line
22a or 22b)................ $...... $...... 8,455
25. GROSS HOUSEHOLD INCOME PER 8,458
PARTY AFTER EXCHANGE OF
CHILD SUPPORT (ADD LINES 14 8,460
AND 24 COLUMN I OR II FOR
RESIDENTIAL PARENT OR, IN 8,461
THE CASE OF SHARED 8,462
PARENTING ORDER, THE PARENT
TO WHOM CHILD SUPPORT WILL
207
BE PAID; SUBTRACT LINE 24 8,463
COLUMN I OR II FROM LINE 14
FOR PARENT WHO IS NOT THE 8,464
RESIDENTIAL PARENT OR, IN 8,465
THE CASE OF SHARED
PARENTING ORDER, THE PARENT
WHO WILL PAY CHILD SUPPORT). $...... $...... 8,467
26. Comments, rebuttal, or 8,468
adjustments to correct
figures in lines 24, Column 8,469
I and 24, Column II if they
would be unjust or
inappropriate and would not 8,470
be in best interest of the
child or children (specific
facts to support
adjustments must be 8,471
included).................. $...... $...... 8,472
................................................................. 8,474
................................................................. 8,475
................................................................. 8,476
(Addendum sheet may be attached) 8,477
27. Final figure (this amount 8,479
reflects final annual child
support obligation)........ $...... father/mother 8,481
obligor
28. For decree: child support 8,484
per child per week or per
month (divide obligor's 8,485
annual share, line 27, by
12 or 52 and by number of
children).................. $...... 8,487
29. For deduction order: child 8,488
support per pay period
208
(calculate support per pay 8,489
period from figure on line
28) plus appropriate
poundage................... $...... 8,491
Calculations have been reviewed. 8,494
Signatures .............................. 8,496
Father 8,497
I do/do not consent. 8,498
Sworn to before me and suscribed SUBSCRIBED in my presence, 8,500
this ..... day of .........., 19... 8,501
.............................. 8,503
Notary Public 8,504
.............................. 8,505
Mother 8,506
I do/do not consent. 8,507
Sworn to before me and suscribed SUBSCRIBED in my presence, 8,510
this ..... day of .........., 19... 8,511
.............................. 8,512
Notary Public 8,513
.............................. .............................. 8,514
Attorney for father Attorney for mother" 8,516
(F) When a court or child support enforcement agency 8,519
calculates the amount of child support that will be required to 8,520
be paid pursuant to a child support order in a proceeding in 8,521
which both parents have split parental rights and 8,522
responsibilities with respect to the children who are the subject 8,523
of the child support order, the court or child support 8,524
enforcement agency shall use a worksheet that is identical in 8,525
content and form to the following worksheet: 8,526
"Worksheet 8,527
............... County Domestic Relations Court (or) 8,528
............... County Child Support Enforcement Agency 8,529
Child Support Computation 8,530
Split Parental Rights and Responsibilities 8,531
209
Name of parties ............................. 8,533
Case No. .......... 8,535
Number of minor children ...... The following parent was 8,537
designated residential parent and legal custodian: 8,538
............ mother; ............ father. 8,540
Father has ..... pay periods annually; mother has ..... pay 8,542
periods annually.
Column I Column II Column III 8,544
Father Mother Combined
1a. Annual gross income from 8,547
employment or, when
determined to be
appropriate by the court or 8,548
agency, average annual
gross income from
employment over a 8,549
reasonable period of years
(exclude overtime and
bonuses)................... $...... $...... 8,551
b. Amount of overtime and 8,552
bonuses Father Mother 8,553
Yr. 3 8,554
(Three years ago) $...... $...... 8,555
Yr. 2 8,556
(Two years ago) $...... $...... 8,557
Yr. 1 8,558
(Last calendar year) $...... $...... 8,559
Average: $...... $...... 8,560
(Include in Column I and/or 8,561
Column II the average of
the three years or the year 8,562
1 amount, whichever is
less, if there exists a
reasonable expectation that 8,563
210
the total earnings from
overtime and/or bonuses 8,564
during the current calendar
year will meet or exceed
the amount that is the 8,565
lower of the average of the
three years or the year 1
amount. If, however, there 8,566
exists a reasonable 8,567
expectation that the total
earnings from
overtime/bonuses during the 8,568
current calendar year will
be less than the lower of
the average of the three 8,569
years or the year 1 amount,
include only the amount
reasonably expected to be 8,571
earned this year.)......... $...... $....... 8,572
2. Annual income from interest 8,573
and dividends (whether or
not taxable)............... $...... $...... 8,575
3. Annual income from 8,576
unemployment compensation.. $...... $...... 8,577
4. Annual income from workers' 8,578
compensation or disability
insurance benefits......... $...... $...... 8,580
5. Other annual income 8,581
(identify)................. $...... $...... 8,582
6. Total annual gross income 8,583
(add lines 1-5)............ $...... $...... 8,584
7. Annual court-ordered support 8,585
paid for other children.... $...... $...... 8,586
8. Adjustment for minor 8,587
211
children born to either
parent and another parent, 8,588
which children are living
with this parent (number of
children times federal 8,589
income tax exemption less
child support received for
the year, not to exceed the 8,590
federal tax exemption)..... $...... $...... 8,591
9. Annual court-ordered spousal 8,592
support paid to a former
spouse..................... $...... $...... 8,594
10. Amount of local income taxes 8,595
actually paid or estimated
to be paid................. $...... $...... 8,597
11. For self-employed 8,598
individuals, deduct 5.6% of
adjusted gross income or 8,599
the actual marginal
difference between the
actual rate paid by the
self-employed individual 8,600
and the F.I.C.A. rate...... $...... $...... 8,601
12. For self-employed 8,602
individuals, deduct
ordinary and necessary
business expenses.......... $...... $...... 8,604
13. Total gross income 8,605
adjustments (add lines
7-12)...................... $...... $...... 8,606
14. Adjusted annual gross income 8,607
(subtract line 13 from line
6)......................... $...... $...... 8,609
15. Combined annual income that 8,610
212
is basis for child support
order (add line 14, Col. I 8,611
and Col. II)............... $..... 8,612
16. Percentage parent's income 8,613
to total income
a. Father (divide line 14, Col. 8,614
I by line 15, Col. III) .........% 8,615
b. Mother (divide line 14, Col. 8,616
II by line 15, Col. III)... + .......% = 100% 8,617
17. Basic combined child support 8,618
obligation/household
a. For children for whom the 8,619
father is the residential
parent and legal custodian 8,620
(Refer to basic child
support schedule in
division (D) of section 8,621
3113.215 of the Revised
Code; in the first column
of the schedule, locate the 8,622
sum that is nearest to the
combined annual income
listed in line 15, Col. III 8,623
of this worksheet, then
refer to the column of the
schedule that corresponds 8,624
to the number of children
for whom the father is the
residential parent and 8,625
legal custodian. If the
income of the parents is
more than one sum, and less 8,626
than another sum, in the
first column of the
213
schedule, you may calculate 8,627
the basic combined child
support obligation based
upon the obligation for 8,628
those two sums.)........... $...... 8,629
b. For children for whom the 8,630
mother is the RESIDENTIAL
parent and the legal 8,631
custodian. (Refer to basic
child support schedule in
division (D) of section 8,632
3313.215 3113.215 of the
Revised Code; in the first 8,633
column of the schedule,
locate the sum that is
nearest to the combined
annual income listed in 8,634
line 15, Col. III of this
worksheet, then refer to
the column of the schedule 8,635
that corresponds to the
number of children for whom
the mother is the 8,636
residential parent and the 8,637
legal custodian. If the
income of the parents is
more than one sum, and less 8,638
than another sum, in the
first column of the
schedule, you may calculate 8,639
the basic combined child
support obligation based
upon the obligation for 8,640
those two sums.)........... $...... 8,641
214
18. Annual child care expenses 8,642
for the children who are
the subject of this order 8,643
that are work, employment
training, or education 8,644
related, as approved by the
court or agency (deduct the
as approved by the court or 8,645
agency (deduct the tax
credit from annual cost, 8,646
whether or not claimed)
a. Expenses paid by the father. $...... 8,648
b. Expenses paid by the mother. $...... 8,650
19. Marginal, out-of-pocket 8,651
costs, necessary to provide
for health insurance for 8,652
the children who are the
subject of this order
a. Costs paid by the father.... $...... 8,654
b. Costs paid by the mother.... $...... 8,656
20. Total annual child care and 8,657
medical expenses
a. Of father (add lines 18a and 8,658
19a)....................... $...... 8,659
b. Of mother (add lines 18b and 8,660
19b)....................... $...... 8,661
21. Total annual child support 8,662
obligation
a. Of father for child(ren) for 8,663
whom the mother is the
residential parent and 8,664
legal custodian (add lines
20a and 17b and multiply by
line 16a).................. $...... 8,666
215
b. Of mother for child(ren) for 8,667
whom the father is the
residential parent and 8,668
legal custodian (add lines
20b and 17b 17a and
multiply by line 16b)...... $...... 8,670
22. Adjustment for actual 8,671
expenses paid for annual
child care expenses, and 8,672
marginal, out-of-pocket
costs, necessary to provide
for health insurance
a. For father (enter number 8,673
from line 20a)............. $...... 8,674
b. For mother (enter number 8,675
from line 20b)............. $...... 8,676
23. Actual annual obligation 8,677
(subtract line 22a from
line 21a and insert in 8,678
Column I; subtract line 22b
from line 21b and insert in
Column II)................. $...... $...... 8,680
24. Net annual support 8,681
obligation (greater amount
on line 23 Column I or line 8,682
23 Column II minus lesser
amount on line 23 Column I
or line 23 Column II)...... $...... $...... 8,684
25. Gross household income per 8,685
party after exchange of
child support.............. $...... $...... 8,687
(add line 14 and line 24 8,688
for the parent receiving a
child support payment; 8,689
216
subtract line 24 from line
14 for the parent making a
child support payment) 8,690
26. Comments, rebuttal, or 8,691
adjustments to correct
figures in lines 24, Column 8,692
I and 24, Column II if they
would be unjust or
inappropriate and would not 8,693
be in best interest of the
children (specific facts to
support adjustments must be 8,694
included).................. $...... $...... 8,695
................................................................. 8,697
................................................................. 8,698
................................................................. 8,699
(Addendum sheet may be attached) 8,700
27. Final figure (this amount 8,702
reflects final annual child
support obligation)........ $...... father/mother 8,704
obligor
28. For decree: child support 8,707
per child per week or per
month (divide obligor's 8,708
annual share, line 27, by
12 or 52 and by the number
of children)............... $...... 8,710
29. For deduction order: child 8,711
support per day (calculate
support per pay period from 8,712
figure on line 28) and add
appropriate poundage....... $...... 8,713
Calculations have been reviewed. 8,716
Signatures .............................. 8,718
217
Father 8,719
I do/do not consent. 8,720
Sworn to before me and suscribed SUBSCRIBED in my presence, 8,723
this ..... day of .........., 19... 8,724
.............................. 8,726
Notary Public 8,727
.............................. 8,728
Mother 8,729
I do/do not consent. 8,730
Sworn to before me and suscribed SUBSCRIBED in my presence, 8,733
this ..... day of .........., 19... 8,734
.............................. 8,736
Notary Public 8,737
.............................. .............................. 8,738
Attorney for father Attorney for mother" 8,739
(G) At least once every four years, the department of 8,742
human services shall review the basic child support schedule set 8,743
forth in division (D) of this section to determine whether 8,744
support orders issued in accordance with the schedule and the 8,745
applicable worksheet in division (E) of this section, through 8,746
line 24, or in division (F) of this section, through line 23, 8,747
adequately provide for the needs of the children who are subject 8,748
to the support orders, prepare a report of its review, and submit 8,749
a copy of the report to both houses of the general assembly. For 8,750
each review, the department shall establish a child support 8,751
guideline advisory council to assist the department in the 8,753
completion of its reviews and reports. Each council shall be 8,755
composed of obligors, obligees, judges of courts of common pleas
who have jurisdiction over domestic relations cases, attorneys 8,756
whose practice includes a significant number of domestic 8,757
relations cases, representatives of child support enforcement 8,758
agencies, other persons interested in the welfare of children, 8,759
three members of the senate appointed by the president of the 8,760
senate, no more than two of whom are members of the same party, 8,761
218
and three members of the house of representatives appointed by 8,762
the speaker of the house, no more than two of whom are members of 8,763
the same party. The department shall consider input from the 8,764
council prior to the completion of any report under this section. 8,766
The advisory council shall cease to exist at the time that it 8,770
submits its report to the general assembly. Any expenses 8,771
incurred by an advisory council shall be paid by the department. 8,772
On or before March 1, 1993, the department shall submit its 8,774
initial report under this division to both houses of the general 8,775
assembly. On or before the first day of March of every fourth 8,776
year after 1993, the department shall submit a report under this 8,777
division to both houses of the general assembly. 8,778
Sec. 3113.216. (A) As used in this section, "obligor," 8,787
"obligee," and "child support enforcement agency" have the same 8,788
meanings as in section 3113.21 of the Revised Code. 8,789
(B) No later than October 13, 1990, the department of 8,791
human services shall adopt rules pursuant to Chapter 119. of the 8,792
Revised Code establishing a procedure for determining when 8,793
existing child support orders should be reviewed to determine 8,794
whether it is necessary and in the best interest of the children 8,795
who are the subject of the child support order to change the 8,796
child support order. The rules shall include, but are not 8,797
limited to, all of the following: 8,798
(1) Any procedures necessary to comply with section 8,800
666(a)(10) of Title 42 of the U.S. Code, "Family Support Act of 8,801
1988," 102 Stat. 2346, 42 U.S.C. 666(a)(10), as amended, and any 8,802
regulations adopted pursuant to, or to enforce, that section; 8,803
(2) Procedures for determining what child support orders 8,805
are to be subject to review upon the request of either the 8,806
obligor or the obligee or periodically by the child support 8,807
enforcement agency administering the child support order; 8,808
(3) Procedures for the child support enforcement agency to 8,810
periodically review and to review, upon the request of the 8,811
obligor or the obligee, any child support order that is subject 8,812
219
to review to determine whether the amount of child support paid 8,813
under the child support order should be adjusted in accordance 8,814
with the basic child support schedule set forth in division (D) 8,815
of section 3113.215 of the Revised Code; 8,816
(4) Procedures for giving obligors and obligees notice of 8,818
their right to request a review of a child support order that is 8,819
determined to be subject to review, notice of any proposed 8,820
revision of the amount of child support to be paid under the 8,821
child support order, notice of the procedures for requesting a 8,822
hearing on any proposed revision of the amount of child support 8,823
to be paid under a child support order, notice of any 8,824
administrative hearing to be held on a proposed revision of the 8,825
amount of child support to be paid under a child support order, 8,826
at least sixty days' prior notice of any review of their child 8,827
support order, and notice that a failure to comply with any 8,828
request for documents or information to be used in the review of 8,829
a child support order is contempt of court; 8,830
(5) Procedures for obtaining the necessary documents and 8,832
information necessary to review child support orders and for 8,833
holding administrative hearings on a proposed revision of the 8,834
amount of child support to be paid under a child support order; 8,835
(6) Procedures for adjusting child support orders in 8,837
accordance with the basic child support schedule set forth in 8,838
division (D) of section 3113.215 of the Revised Code and the 8,839
applicable worksheet in division (E) of that section, through 8,840
line 24 or in division (F) of that section, through line 23. 8,841
(C)(1) If a child support enforcement agency, periodically 8,843
or upon request of an obligor or obligee, plans to review a child 8,844
support order in accordance with the rules adopted pursuant to 8,845
division (B) of this section or otherwise plans to review a child 8,846
support order, it shall do all of the following prior to formally 8,847
beginning the review: 8,848
(a) Establish a date certain upon which the review will 8,850
formally begin; 8,851
220
(b) At least sixty days before formally beginning the 8,853
review, send the obligor and the obligee notice of the planned 8,854
review and of the date when the review will formally begin; 8,855
(c) Request the obligor to provide the agency, no later 8,857
than the scheduled date for formally beginning the review, with a 8,858
copy of the obligor's federal income tax return from the previous 8,859
year, a copy of all pay stubs obtained by the obligor within the 8,860
preceding six months, a copy of all other records evidencing the 8,861
receipt of any other salary, wages, or compensation by the 8,862
obligor within the preceding six months, and any other 8,863
information necessary to properly review the child support order, 8,864
and request the obligee to provide the agency, no later than the 8,865
scheduled date for formally beginning the review, with a copy of 8,866
the obligee's federal income tax return from the previous year, a 8,867
copy of all pay stubs obtained by the obligee within the 8,868
preceding six months, a copy of all other records evidencing the 8,869
receipt of any other salary, wages, or compensation by the 8,870
obligee within the preceding six months, and any other 8,871
information necessary to properly review the child support order; 8,872
(d) Include in the notice sent pursuant to division 8,874
(C)(1)(b) of this section, a notice that a willful failure to 8,875
provide the documents and other information requested pursuant to 8,876
division (C)(1)(c) of this section is contempt of court. 8,877
(2) If either the obligor or the obligee fails to comply 8,879
with a request for information made pursuant to division 8,880
(C)(1)(c) of this section, it is contempt of court, and the 8,881
agency shall notify the court of the failure to comply with the 8,882
request for information. The agency may request the court to 8,883
issue an order requiring the obligor or the obligee to provide 8,884
the information as requested or take whatever action is necessary 8,885
to obtain the information and make any reasonable assumptions 8,886
necessary with respect to the income of the person in contempt of 8,887
court to ensure a fair and equitable review of the child support 8,888
order. If the agency decides to conduct the review based upon 8,889
221
reasonable assumptions with respect to the income of the person 8,890
in contempt of court, it shall proceed under division (C)(3) of 8,891
this section in the same manner as if all requested information 8,892
has been received. 8,893
(3) Upon the date established pursuant to division 8,895
(C)(1)(a) of this section for formally beginning the review of a 8,896
child support order, the agency shall review the child support 8,897
order and shall do all of the following: 8,898
(a) Calculate a revised amount of child support to be paid 8,900
under the child support order; 8,901
(b) Give the obligor and obligee notice of the revised 8,903
amount of child support to be paid under the child support order, 8,904
of their right to request an administrative hearing on the 8,905
revised amount of child support, of the procedures and time 8,906
deadlines for requesting the hearing, and that the revised amount 8,907
of child support will be submitted to the court for inclusion in 8,908
a revised child support order unless the obligor or obligee 8,909
requests an administrative hearing on the proposed change within 8,910
thirty days after receipt of the notice under this division; 8,911
(c) If neither the obligor nor the obligee timely requests 8,913
an administrative hearing on the revised amount of child support 8,914
to be paid under the child support order, submit the revised 8,915
amount of child support to the court for inclusion in a revised 8,916
child support order; 8,917
(d) If the obligor or the obligee timely requests an 8,919
administrative hearing on the revised amount of child support to 8,920
be paid under the child support order, the agency shall schedule 8,921
a hearing on the issue, give the obligor and obligee notice of 8,922
the date, time, and location of the hearing, conduct the hearing 8,923
in accordance with the rules adopted under division (B) of this 8,924
section, redetermine at the hearing a revised amount of child 8,925
support to be paid under the child support order, and give notice 8,926
of all of the following to the obligor and obligee: 8,927
(i) The revised amount of child support to be paid under 8,929
222
the child support order; 8,930
(ii) That they may request a court hearing on the revised 8,932
amount of child support; 8,933
(iii) That the agency will submit the revised amount of 8,935
child support to the court for inclusion in a revised child 8,936
support order, if neither the obligor nor the obligee requests a 8,937
court hearing on the revised amount of child support. 8,938
(e) If neither the obligor nor the obligee requests a 8,940
court hearing on the revised amount of child support to be paid 8,941
under the child support order, submit the revised amount of child 8,942
support to the court for inclusion in a revised child support 8,943
order. 8,944
(4) In calculating a revised amount of child support to be 8,946
paid under a child support order under division (C)(3)(a) of this 8,947
section, and in redetermining, at an administrative hearing 8,948
conducted under division (C)(3)(d) of this section, a revised 8,949
amount of child support to be paid under a child support order, 8,950
the child support enforcement agency shall consider, in addition 8,951
to all other factors required by law to be considered, the cost 8,952
of health insurance which the obligor, the obligee, or both the 8,953
obligor and the obligee have been ordered to obtain for the 8,954
children specified in the order. 8,955
(D) If an obligor or obligee files a request for a court 8,957
hearing on a revised amount of child support to be paid under a 8,958
child support order in accordance with division (C) of this 8,959
section and the rules adopted under division (B) of this section, 8,960
the court shall conduct a hearing in accordance with division 8,961
(C)(1)(c) of section 3113.21 of the Revised Code. 8,962
(E) A child support enforcement agency is not required to 8,964
review a child support order pursuant to this section if the 8,965
review is not otherwise required by section 666(a)(10) of Title 8,966
42 of the U.S. Code, "Family Support Act of 1988," 102 Stat. 8,967
2346, 42 U.S.C. 666(a)(10), as amended, and any regulations 8,968
adopted pursuant to, or to enforce, that section and if either of 8,969
223
the following apply: 8,970
(1) The obligee has made an assignment under section 8,972
5107.07 of the Revised Code of his THE right to receive child 8,973
support payments, the agency determines that the review would not 8,975
be in the best interest of the children who are the subject of 8,976
the child support order, and neither the obligor nor the obligee 8,977
has requested that the review be conducted; 8,978
(2) The obligee has not made an assignment under section 8,980
5107.07 5107.11 of the Revised Code of his THE right to receive 8,982
child support payments, neither the obligor nor the obligee has 8,984
requested that the review be conducted. 8,985
Sec. 3115.24. (A) A court shall give full faith and 8,994
credit to a parentage determination made under the laws of a 8,995
state, regardless of whether the parentage determination was made 8,996
pursuant to a voluntary acknowledgement of paternity, an 8,997
administrative procedure, or a court proceeding.
(B) If the obligor asserts as a defense that he is not the 9,000
father of the child for whom support is sought, and if the issue 9,001
of parentage previously has not been determined by a court or 9,002
administrative body of this state or another state, the court,
upon its own motion or the motion of any party to the action, 9,003
shall order the child's mother, the child, the alleged father of 9,004
the child, and any other person who is a defendant in the action 9,006
to submit to genetic tests for use in determining the paternity
of the child in accordance with divisions (B), (C), and (D) of 9,007
section 3111.09 of the Revised Code. 9,008
(C) If the court orders any persons to submit to genetic 9,010
tests pursuant to division (B) of this section, the fees charged 9,011
for the tests shall be paid by the party that requested the 9,012
genetic tests unless the custodian of the child is represented by 9,013
the child support enforcement agency in its role as the agency 9,014
providing enforcement of child support orders under Title IV-D of 9,015
the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, 9,016
as amended, the custodian of the child is a recipient of aid to 9,017
224
dependent children OHIO WORKS FIRST under Chapter 5107. of the 9,019
Revised Code for the benefit of the child or the defendant in the 9,020
action is found to be indigent, in which case the child support 9,021
enforcement agency shall pay the costs of the genetic testing. 9,022
The child support enforcement agency, within guidelines contained 9,023
in that federal law, shall use funds received pursuant to Title 9,024
IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 9,025
U.S.C. 651, as amended, to pay the fees charged for the tests. 9,026
If there is a dispute as to who shall pay the fees charged for 9,027
genetic testing, the child support enforcement agency shall pay 9,028
the fees, but in no instance shall genetic testing be delayed due 9,029
to a dispute as to who shall pay the genetic testing fees. The 9,030
child support enforcement agency or the person who paid the fees 9,031
charged for the genetic tests may seek reimbursement for the fees 9,032
charged for the genetic tests from the person against whom the 9,033
court assesses the costs of the action. Any funds used in 9,034
accordance with this division by the child support enforcement 9,035
agency shall be in addition to any other funds that the agency is 9,036
entitled to receive as a result of any contractual provision for 9,037
specific funding allocations for the agency between the county, 9,038
the state, and the federal government. 9,039
Sec. 3301.0719. (A) As used in this section: 9,048
(1) "Aid-to-dependent-children OHIO WORKS FIRST rate" 9,050
means the percentage that equals the quotient obtained by 9,052
dividing the number of children ages five to seventeen residing 9,053
in the district and living in a family receiving aid to dependent 9,054
children OHIO WORKS FIRST, as certified for the most recent year 9,056
under section 3317.10 of the Revised Code, by the total of the 9,057
number of students in average daily membership in grades 9,058
kindergarten through twelve, as certified for the most recent 9,059
year under section 3317.03 of the Revised Code. 9,060
(2) "At-risk school district" means any city, exempted 9,062
village, or local school district that has a dropout rate, 9,063
rounded to the nearest one-half per cent, of thirty per cent or 9,064
225
more and to whom one or both of the following apply: 9,065
(a) The aid-to-dependent-children OHIO WORKS FIRST rate of 9,068
the district is more than thirty per cent. 9,069
(b) The amount of the average personal income per tax 9,071
return of the district, as reported for the most recent tax year 9,072
by the department of taxation to the department of education, is 9,073
less than eighty per cent of the amount of the statewide average 9,074
personal income per tax return for that tax year. 9,075
(3) "Dropout rate" for any at-risk school district means 9,077
the percentage that equals the difference between one hundred per 9,078
cent and the graduation rate for the most recent school year 9,079
calculated in accordance with division (B)(1)(r) of section 9,080
3301.0714 of the Revised Code. 9,081
(B) During the first two weeks of July each year, 9,083
beginning in 1992, the state board of education shall determine 9,084
each school district that is an at-risk school district and that 9,085
receives at least three hundred thousand dollars under division 9,086
(B)(3) of section 3317.023 of the Revised Code and shall notify 9,087
any such district of this determination and the requirements of 9,088
division (B)(4) of section 3317.023 of the Revised Code. 9,089
Notwithstanding division (B)(4) of section 3317.023 of the 9,091
Revised Code, in the school year in which a school district is 9,092
initially identified as at-risk, in lieu of the expenditure 9,093
required by that division, each district board shall expend at 9,094
least one-eightieth of the amount designated under that division 9,095
on preparation for the implementation of the programs required by 9,096
that division for the following school year. Such preparation 9,097
shall include submission of a report to the state board of 9,098
education detailing the preparation and the actual plans for 9,099
implementation of the specified programs and the provision of at 9,100
least ten days of in-service training for teachers who will be 9,101
participating in such programs. The preparation may include the 9,102
purchase of materials and the hiring of consultants. 9,103
Sec. 3313.64. (A) As used in this section and in section 9,112
226
3313.65 of the Revised Code: 9,113
(1) "Parent" means either parent, unless the parents are 9,115
separated or divorced or their marriage has been dissolved or 9,116
annulled, in which case "parent" means the parent who is the 9,117
residential parent and legal custodian of the child. When a 9,118
child is in the legal custody of a government agency or a person 9,119
other than the child's natural or adoptive parent, "parent" means 9,120
the parent with residual parental rights, privileges, and 9,122
responsibilities. When a child is in the permanent custody of a 9,123
government agency or a person other than the child's natural or 9,124
adoptive parent, "parent" means the parent who was divested of 9,126
parental rights and responsibilities for the care of the child 9,127
and the right to have the child live with the parent and be the 9,128
legal custodian of the child and all residual parental rights, 9,130
privileges, and responsibilities. 9,131
(2) "Legal custody," "permanent custody," and "residual 9,133
parental rights, privileges, and responsibilities" have the same 9,134
meanings as in section 2151.011 of the Revised Code. 9,135
(3) "School district" or "district" means a city, local, 9,137
or exempted village school district and excludes any school 9,138
operated in an institution maintained by the department of youth 9,139
services. 9,140
(4) Except as used in division (C)(2) of this section, 9,142
"home" means a home, institution, family foster home, group home, 9,143
or other residential facility in this state that receives and 9,144
cares for children, to which any of the following applies: 9,145
(a) The home is licensed, certified, or approved for such 9,147
purpose by the state or is maintained by the department of youth 9,148
services. 9,149
(b) The home is operated by a person who is licensed, 9,151
certified, or approved by the state to operate the home for such 9,152
purpose. 9,153
(c) The home accepted the child through a placement by a 9,155
person licensed, certified, or approved to place a child in such 9,156
227
a home by the state. 9,157
(d) The home is a children's home created under section 9,159
5153.21 or 5153.36 of the Revised Code. 9,160
(5) "Agency" means all of the following: 9,162
(a) A PUBLIC children services board or county department 9,164
of human services that has assumed the administration of child 9,165
welfare functions prescribed by Chapter 5153. of the Revised Code 9,167
AGENCY;
(b) An organization that holds a certificate issued by the 9,169
Ohio department of human services in accordance with the 9,170
requirements of section 5103.03 of the Revised Code and assumes 9,171
temporary or permanent custody of children through commitment, 9,172
agreement, or surrender, and places children in family homes for 9,173
the purpose of adoption; 9,174
(c) Comparable agencies of other states or countries that 9,176
have complied with applicable requirements of section 2151.39, or 9,177
sections 5103.20 to 5103.28 of the Revised Code. 9,178
(6) A child is placed for adoption if either of the 9,180
following occurs: 9,181
(a) An agency to which the child has been permanently 9,183
committed or surrendered enters into an agreement with a person 9,184
pursuant to section 5103.06 of the Revised Code for the care and 9,185
adoption of the child. 9,186
(b) The child's natural parent places the child pursuant 9,188
to section 5103.16 of the Revised Code with a person who will 9,189
care for and adopt the child. 9,190
(7) "Handicapped preschool child" means a handicapped 9,192
child, as defined by division (A) of section 3323.01 of the 9,193
Revised Code, who is at least three years of age but is not of 9,194
compulsory school age, as defined in section 3321.01 of the 9,195
Revised Code, and who has not entered kindergarten. 9,196
(8) "Child," unless otherwise indicated, includes 9,198
handicapped preschool children. 9,199
(B) Except as otherwise provided in section 3321.01 of the 9,201
228
Revised Code for admittance to kindergarten and first grade, a 9,202
child who is at least five but under twenty-two years of age and 9,203
any handicapped preschool child shall be admitted to school as 9,204
provided in this division. 9,205
(1) A child shall be admitted to the schools of the school 9,207
district in which the child's parent resides. 9,208
(2) A child who does not reside in the district where the 9,211
child's parent resides shall be admitted to the schools of the
district in which the child resides if any of the following 9,213
applies:
(a) The child is in the legal or permanent custody of a 9,215
government agency or a person other than the child's natural or 9,217
adoptive parent. 9,218
(b) The child resides in a home. 9,220
(c) The child requires special education. 9,222
(3) A child who is not entitled under division (B)(2) of 9,224
this section to be admitted to the schools of the district where 9,225
the child resides and who is residing with a resident of this 9,226
state with whom the child has been placed for adoption shall be 9,228
admitted to the schools of the district where the child resides 9,230
unless either of the following applies: 9,231
(a) The placement for adoption has been terminated. 9,233
(b) Another school district is required to admit the child 9,235
under division (B)(1) of this section. 9,236
Division (B) of this section does not prohibit the board of 9,238
education of a school district from placing a handicapped child 9,239
who resides in the district in a special education program 9,240
outside of the district or its schools in compliance with Chapter 9,241
3323. of the Revised Code. 9,242
(C) A district shall not charge tuition for children 9,244
admitted under division (B)(1) or (3) of this section. If the 9,245
district admits a child under division (B)(2) of this section, 9,246
tuition shall be paid to the district that admits the child as 9,247
follows: 9,248
229
(1) If the child receives special education in accordance 9,250
with Chapter 3323. of the Revised Code, tuition shall be paid in 9,251
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 9,252
of the Revised Code regardless of who has custody of the child or 9,253
whether the child resides in a home. 9,254
(2) Except as otherwise provided in division (C)(2)(d) of 9,256
this section, if the child is in the permanent or legal custody 9,257
of a government agency or person other than the child's parent, 9,258
tuition shall be paid by: 9,259
(a) The district in which the child's parent resided at 9,261
the time the court removed the child from home or at the time the 9,263
court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first; or 9,264
(b) If the parent's residence at the time the court 9,266
removed the child from home or placed the child in the legal or 9,268
permanent custody of the person or government agency is unknown, 9,269
tuition shall be paid by the district in which the child resided 9,270
at the time the child was removed from home or placed in legal or 9,272
permanent custody, whichever occurred first; or 9,273
(c) If a school district cannot be established under 9,275
division (C)(2)(a) or (b) of this section, tuition shall be paid 9,276
by the district determined as required by section 2151.357 of the 9,277
Revised Code by the court at the time it vests custody of the 9,278
child in the person or government agency. 9,279
(d) If at the time the court removed the child from home 9,282
or vested legal or permanent custody of the child in the person 9,283
or government agency, whichever occurred first, one parent was in 9,284
a residential or correctional facility or a juvenile residential 9,285
placement and the other parent, if living and not in such a 9,286
facility or placement, was not known to reside in this state, 9,287
tuition shall be paid by the district determined under division 9,288
(D) of section 3313.65 of the Revised Code as the district 9,289
required to pay any tuition while the parent was in such facility 9,290
or placement.
230
(3) If the child is not in the permanent or legal custody 9,292
of a government agency or person other than the child's parent 9,294
and the child resides in a home, tuition shall be paid by one of 9,295
the following:
(a) The school district in which the child's parent 9,297
resides; 9,298
(b) If the child's parent is not a resident of this state, 9,300
the home in which the child resides. 9,301
(D) Tuition required to be paid under divisions (C)(2) and 9,303
(3)(a) of this section shall be computed in accordance with 9,304
section 3317.08 of the Revised Code. Tuition required to be paid 9,305
under division (C)(3)(b) of this section shall be computed in 9,306
accordance with section 3317.081 of the Revised Code. If a home 9,307
fails to pay the tuition required by division (C)(3)(b) of this 9,308
section, the board of education providing the education may 9,309
recover in a civil action the tuition and the expenses incurred 9,310
in prosecuting the action, including court costs and reasonable 9,311
attorney's fees. If the prosecuting attorney or city director of 9,312
law represents the board in such action, costs and reasonable 9,313
attorney's fees awarded by the court, based upon the prosecuting 9,314
attorney's, director's, or one of their designee's time spent 9,316
preparing and presenting the case, shall be deposited in the 9,317
county or city general fund. 9,318
(E) A board of education may enroll a child free of any 9,320
tuition obligation for a period not to exceed sixty days, on the 9,321
sworn statement of an adult resident of the district that the 9,322
resident has initiated legal proceedings for custody of the 9,324
child.
(F) In the case of any individual entitled to attend 9,326
school under this division, no tuition shall be charged by the 9,327
school district of attendance and no other school district shall 9,328
be required to pay tuition for the individual's attendance. 9,329
Notwithstanding division (B), (C), or (E) of this section: 9,330
(1) All persons at least eighteen but under twenty-two 9,332
231
years of age who live apart from their parents, support 9,333
themselves by their own labor, and have not successfully 9,334
completed the high school curriculum or the individualized 9,335
education program developed for the person by the high school 9,336
pursuant to section 3323.08 of the Revised Code, are entitled to 9,337
attend school in the district in which they reside. 9,338
(2) Any child under eighteen years of age who is married 9,340
is entitled to attend school in the child's district of 9,341
residence. 9,342
(3) A child is entitled to attend school in the district 9,344
in which either of the child's parents is employed if the child 9,346
has a medical condition that may require emergency medical 9,347
attention. The parent of a child entitled to attend school under 9,348
division (F)(3) of this section shall submit to the board of 9,349
education of the district in which the parent is employed a 9,350
statement from the child's physician certifying that the child's 9,351
medical condition may require emergency medical attention. The 9,352
statement shall be supported by such other evidence as the board 9,353
may require.
(4) Any child residing with a person other than the 9,355
child's parent is entitled, for a period not to exceed twelve 9,357
months, to attend school in the district in which that person 9,358
resides if the child's parent files an affidavit with the 9,359
superintendent of the district in which the person with whom the 9,360
child is living resides stating all of the following: 9,361
(a) That the parent is serving outside of the state in the 9,363
armed services of the United States; 9,364
(b) That the parent intends to reside in the district upon 9,366
returning to this state; 9,367
(c) The name and address of the person with whom the child 9,369
is living while the parent is outside the state. 9,370
(5) Any child under the age of twenty-two who, after the 9,372
death of a parent, resides in a school district other than the 9,373
district in which the child attended school at the time of the 9,374
232
parent's death is entitled to continue to attend school in the 9,375
district in which the child attended school at the time of the 9,376
parent's death for the remainder of the school year, subject to 9,377
approval of that district board. 9,378
(6) A child under the age of twenty-two years who resides 9,380
with a parent who is having a new house built in a school 9,381
district outside the district where the parent is residing is 9,382
entitled to attend school for a period of time in the district 9,383
where the new house is being built. In order to be entitled to 9,384
such attendance, the parent shall provide the district 9,385
superintendent with the following: 9,386
(a) A sworn statement explaining the situation, revealing 9,388
the location of the house being built, and stating the parent's 9,389
intention to reside there upon its completion; 9,390
(b) A statement from the builder confirming that a new 9,392
house is being built for the parent and that the house is at the 9,393
location indicated in the parent's statement. 9,394
(7) A child under the age of twenty-two residing with a 9,396
parent who has a contract to purchase a house in a school 9,397
district outside the district where the parent is residing and 9,398
who is waiting upon the date of closing of the mortgage loan for 9,399
the purchase of such house is entitled to attend school for a 9,400
period of time in the district where the house is being 9,401
purchased. In order to be entitled to such attendance, the 9,402
parent shall provide the district superintendent with the 9,403
following: 9,404
(a) A sworn statement explaining the situation, revealing 9,406
the location of the house being purchased, and stating the 9,407
parent's intent to reside there; 9,408
(b) A statement from a real estate broker or bank officer 9,410
confirming that the parent has a contract to purchase the house, 9,411
that the parent is waiting upon the date of closing of the 9,412
mortgage loan, and that the house is at the location indicated in 9,413
the parent's statement. 9,414
233
The district superintendent shall establish a period of 9,416
time not to exceed ninety days during which the child entitled to 9,417
attend school under division (F)(6) or (7) of this section may 9,418
attend without tuition obligation. A student attending a school 9,419
under division (F)(6) or (7) of this section shall be eligible to 9,420
participate in interscholastic athletics under the auspices of 9,421
that school, provided the board of education of the school 9,422
district where the student's parent resides, by a formal action, 9,423
releases the student to participate in interscholastic athletics 9,424
at the school where the student is attending, and provided the 9,425
student receives any authorization required by a public agency or 9,426
private organization of which the school district is a member 9,427
exercising authority over interscholastic sports. 9,428
(8) A child whose parent is a full-time employee of a 9,430
city, local, or exempted village school district may be admitted 9,431
to the schools of the district where the child's parent is 9,432
employed, provided the board of education establishes such an 9,434
admission policy by resolution adopted by a majority of its 9,435
members. Any such policy shall take effect on the first day of 9,436
the school year and the effective date of any amendment or repeal 9,437
may not be prior to the first day of the subsequent school year. 9,438
The policy shall be uniformly applied to all such children and 9,439
shall provide for the admission of any such child upon request of 9,440
the parent. No child may be admitted under this policy after the 9,441
first day of classes of any school year. 9,442
(9) A child who is with the child's parent under the care 9,444
of a shelter for victims of domestic violence, as defined in 9,446
section 3113.33 of the Revised Code, is entitled to attend school 9,447
free in the district in which the child is with his parent, and 9,448
no other school district shall be required to pay tuition for the 9,450
child's attendance in that school district. 9,452
The enrollment of a child in a school district under this 9,454
division shall not be denied due to a delay in the school 9,455
district's receipt of any records required under section 3313.672 9,456
234
of the Revised Code or any other records required for enrollment. 9,457
Any days of attendance and any credits earned by a child while 9,458
enrolled in a school district under this division shall be 9,459
transferred to and accepted by any school district in which the 9,460
child subsequently enrolls. The state board of education shall 9,461
adopt rules to ensure compliance with this division. 9,462
(10) Any child under the age of twenty-two whose parent 9,464
has moved out of the school district after the commencement of 9,465
classes in the child's senior year of high school is entitled, 9,466
subject to the approval of that district board, to attend school 9,467
in the district in which the child attended school at the time of 9,469
the parental move for the remainder of the school year and for 9,470
one additional semester or equivalent term. A district board may 9,471
also adopt a policy specifying extenuating circumstances under 9,472
which a student may continue to attend school under division 9,473
(F)(10) of this section for an additional period of time in order 9,474
to successfully complete the high school curriculum for the 9,475
individualized education program developed for the student by the 9,476
high school pursuant to section 3323.08 of the Revised Code. 9,477
(11) As used in this division, "grandparent" means a 9,479
parent of a parent of a child. A child under the age of 9,480
twenty-two years who is in the custody of the child's parent, 9,482
resides with a grandparent, and does not require special 9,483
education is entitled to attend the schools of the district in 9,484
which the child's grandparent resides, provided that, prior to 9,486
such attendance in any school year, the board of education of the 9,487
school district in which the child's grandparent resides and the 9,488
board of education of the school district in which the child's 9,490
parent resides enter into a written agreement specifying that 9,492
good cause exists for such attendance, describing the nature of 9,493
this good cause, and consenting to such attendance. 9,494
In lieu of a consent form signed by a parent, a board of 9,496
education may request the grandparent of a child attending school 9,497
in the district in which the grandparent resides pursuant to 9,498
235
division (F)(11) of this section to complete any consent form 9,499
required by the district, including any authorization required by 9,500
sections 3313.712 and 3313.713 of the Revised Code. Upon 9,501
request, the grandparent shall complete any consent form required 9,502
by the district. A school district shall not incur any liability 9,503
solely because of its receipt of a consent form from a 9,504
grandparent in lieu of a parent. 9,505
Division (F)(11) of this section does not create, and shall 9,508
not be construed as creating, a new cause of action or 9,509
substantive legal right against a school district, a member of a 9,510
board of education, or an employee of a school district. This 9,511
section does not affect, and shall not be construed as affecting, 9,512
any immunities from defenses to tort liability created or 9,513
recognized by Chapter 2744. of the Revised Code for a school 9,514
district, member, or employee.
(12) A child under the age of twenty-two years is entitled 9,517
to attend school in a school district other than the district in
which the child is entitled to attend school under division (B), 9,519
(C), or (E) of this section provided that, prior to such 9,521
attendance in any school year, both of the following occur: 9,522
(a) The superintendent of the district in which the child 9,524
is entitled to attend school under division (B), (C), or (E) of 9,527
this section contacts the superintendent of another district for
purposes of this division; 9,529
(b) The superintendents of both districts enter into a 9,532
written agreement that consents to the attendance and specifies
that the purpose of such attendance is to protect the student's 9,534
physical or mental well-being or to deal with other extenuating 9,535
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a 9,537
student who is not receiving special education under Chapter 9,538
3323. of the Revised Code and notwithstanding Chapter 3327. of 9,539
the Revised Code, the board of education of neither school 9,540
district involved in the agreement is required to provide 9,541
236
transportation for the student to and from the school where the 9,542
student attends.
A student attending a school of a district pursuant to this 9,544
division shall be allowed to participate in all student 9,545
activities, including interscholastic athletics, at the school 9,546
where the student is attending on the same basis as any student 9,547
who has always attended the schools of that district while of 9,548
compulsory school age.
(G) A board of education, after approving admission, may 9,550
waive tuition for students who will temporarily reside in the 9,551
district and who are either of the following: 9,552
(1) Residents or domiciliaries of a foreign nation who 9,554
request admission as foreign exchange students; 9,555
(2) Residents or domiciliaries of the United States but 9,557
not of Ohio who request admission as participants in an exchange 9,558
program operated by a student exchange organization. 9,559
(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 9,561
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may 9,562
attend school or participate in a special education program in a 9,563
school district other than in the district where the child is 9,564
entitled to attend school under division (B) of this section. 9,566
(I) This division does not apply to a child receiving 9,568
special education. 9,569
A school district required to pay tuition pursuant to 9,571
division (C)(2) or (3) of this section or section 3313.65 of the 9,572
Revised Code shall have an amount deducted under division (G) of 9,573
section 3317.023 of the Revised Code equal to its own tuition 9,574
rate for the same period of attendance. A school district 9,575
entitled to receive tuition pursuant to division (C)(2) or (3) of 9,576
this section or section 3313.65 of the Revised Code shall have an 9,577
amount credited under division (G) of section 3317.023 of the 9,578
Revised Code equal to its own tuition rate for the same period of 9,579
attendance. If the tuition rate credited to the district of 9,580
attendance exceeds the rate deducted from the district required 9,581
237
to pay tuition, the department of education shall pay the 9,582
district of attendance the difference from amounts deducted from 9,583
all districts' payments under division (G) of section 3317.023 of 9,584
the Revised Code but not credited to other school districts under 9,585
such division and from appropriations made for such purpose. The 9,586
treasurer of each school district shall, by the fifteenth day of 9,587
January and July, furnish the superintendent of public 9,588
instruction a report of the names of each child who attended the 9,589
district's schools under divisions (C)(2) and (3) of this section 9,590
or section 3313.65 of the Revised Code during the preceding six 9,591
calendar months, the duration of the attendance of those 9,592
children, the school district responsible for tuition on behalf 9,593
of the child, and any other information that the superintendent 9,594
requires. 9,595
Upon receipt of the report the superintendent, pursuant to 9,597
division (G) of section 3317.023 of the Revised Code, shall 9,598
deduct each district's tuition obligations under divisions (C)(2) 9,599
and (3) of this section or section 3313.65 of the Revised Code 9,600
and pay to the district of attendance that amount plus any amount 9,601
required to be paid by the state. 9,602
(J) In the event of a disagreement, the superintendent of 9,604
public instruction shall determine the school district in which 9,605
the parent resides. 9,606
(K) Nothing in this section requires or authorizes, or 9,608
shall be construed to require or authorize, the admission to a 9,609
public school in this state of a pupil who has been permanently 9,610
excluded from public school attendance by the superintendent of 9,611
public instruction pursuant to sections 3301.121 and 3313.662 of 9,612
the Revised Code. 9,613
Sec. 3313.714. (A) As used in this section: 9,623
(1) "Board of education" means the board of education of a 9,625
city, local, exempted village, or joint vocational school 9,626
district. 9,627
(2) "Healthcheck" means the early and periodic screening, 9,629
238
diagnosis, and treatment program, a component of the medical 9,630
assistance program established under Title XIX of the "Social 9,631
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 302, as amended, 9,632
and Chapter 5111. of the Revised Code. 9,633
(3) "Pupil" means a person under age twenty-two enrolled 9,635
in the schools of a city, local, exempted village, or joint 9,636
vocational school district. 9,637
(4) "Parent" means either parent with the following 9,639
exceptions: 9,640
(a) If one parent has custody by court order, "parent" 9,642
means the parent with custody. 9,643
(b) If neither parent has legal custody, "parent" means 9,645
the person or government entity with legal custody. 9,646
(c) The child's legal guardian or a person who has 9,648
accepted responsibility for the health, safety, and welfare of 9,649
the child. 9,650
(B) At the request of the state department of human 9,652
services, a board of education shall establish and conduct a 9,653
healthcheck program for pupils enrolled in the schools of the 9,654
district who are recipients of medical assistance under Chapter 9,655
5111. of the Revised Code. At the request of a board of 9,656
education, the state department may authorize the board to 9,657
establish a healthcheck program. A board that establishes a 9,658
healthcheck program shall enter into a medical assistance 9,659
provider agreement with the state department. 9,660
A healthcheck program established by a board of education 9,662
shall be conducted in accordance with rules adopted by the 9,663
director of human services under division (F) of this section. 9,664
The healthcheck program shall include all of the following 9,665
components: 9,666
(1) A comprehensive health and development history; 9,668
(2) A comprehensive physical examination; 9,670
(3) A developmental assessment; 9,672
(4) A nutritional assessment; 9,674
239
(5) A vision assessment; 9,676
(6) A hearing assessment; 9,678
(7) An immunization assessment; 9,680
(8) Lead screening and laboratory tests ordered by a 9,682
doctor of medicine or osteopathic medicine as part of one of the 9,683
other components; 9,684
(9) Such other assessment as may be required by the state 9,686
department of human services in accordance with the requirements 9,687
of the healthcheck program. 9,688
All services included in a board of education's healthcheck 9,690
program that the board provided under sections 3313.67, 3313.673, 9,691
3313.68, 3313.69, and 3313.71 of the Revised Code during the 9,692
1990-1991 school year shall continue to be provided to medical 9,693
assistance recipients by the board pursuant to those sections. 9,694
The services shall be considered part of the healthcheck program 9,695
for recipients of medical assistance, and the board shall be 9,696
eligible for reimbursement from the state department in 9,697
accordance with this division for providing the services. 9,698
The state department shall reimburse boards of education 9,700
for healthcheck program services provided under this division at 9,701
the rates paid under the medical assistance program to 9,702
physicians, dentists, nurses, and other providers of healthcheck 9,703
services. 9,704
(C) Each board of education that conducts a healthcheck 9,706
program shall determine for each pupil enrolled in the schools of 9,707
the district whether the pupil is a medical assistance recipient. 9,708
The state department of human services and, county departments of 9,710
human services, AND PERSONS AND GOVERNMENT ENTITIES UNDER 9,711
CONTRACT WITH THE STATE DEPARTMENT UNDER SECTION 5111.012 OF THE 9,712
REVISED CODE shall assist the board in making these 9,713
determinations. Except as necessary to carry out the purposes of 9,714
this section, all information received by a board under this 9,715
division shall be confidential. 9,716
Before the first day of October of each year, each board 9,718
240
that conducts a healthcheck program shall send the parent of each 9,719
pupil who is under age eighteen and a recipient of medical 9,720
assistance notice that the pupil will be examined under the 9,721
district's healthcheck program unless the parent notifies the 9,722
board that he THE PARENT denies consent for the examination. The 9,724
notice shall include a form to be used by the parent to indicate 9,726
that he THE PARENT denies consent. The denial shall be effective 9,727
only if the form is signed by the parent and returned to the 9,729
board or the school in which the pupil is enrolled. If the 9,730
parent does not return a signed form indicating denial of consent 9,731
within two weeks after the date the notice is sent, the school 9,732
district and the department of human services shall deem the 9,733
parent to have consented to examination of his THE PARENT'S child 9,734
under the healthcheck program. In the case of a pupil age 9,735
eighteen or older, the notice shall be given to the pupil, and 9,736
the school district and the department of human services shall 9,737
deem the pupil to have consented to examination unless he THE 9,738
PUPIL returns the signed form indicating his THE PUPIL'S denial 9,739
of consent.
(D)(1) As used in this division: 9,741
(a) "Nonfederal share" means the portion of expenditures 9,743
for services that is required under the medical assistance 9,744
program to be paid for with state or local government funds. 9,745
(b) "Federal financial participation" means the portion of 9,747
expenditures for services that is reimbursed under the medical 9,748
assistance program with federal funds. 9,749
(2) At the request of a board of education, the state 9,751
department may enter into an agreement with board under which the 9,752
board provides medical services to a recipient of medical 9,753
assistance that are reimbursable under the medical assistance 9,754
program but not under the healthcheck program. The agreement may 9,755
be for a term specified in the agreement and renewable by mutual 9,756
consent of the board and the department, or may continue in force 9,757
as long as agreeable to the board and the department. 9,758
241
The board shall use state or local funds of the district to 9,760
pay the nonfederal share of expenditures for services provided 9,761
under this division. Prior to entering into or renewing an 9,762
agreement and at any other time requested by the state department 9,763
while the agreement is in force, the board shall certify to the 9,764
state department in accordance with the rules adopted under 9,765
division (F) of this section that it will have sufficient state 9,766
or local funds to pay the nonfederal share of expenditures under 9,767
this division. If the board fails to make the certification, the 9,768
state department shall not enter into or renew the agreement. If 9,769
an agreement has been entered into, it shall be void unless the 9,770
board makes the certification not later than fifteen days after 9,771
receiving notice from the state department that the certification 9,772
is due. The board shall report to the state department, in 9,773
accordance with the rules, the amount of state or local funds it 9,774
spends to provide services under this division. 9,775
The state department shall reimburse the board the federal 9,777
financial participation allowed for the board's expenditures for 9,778
services under this division. The total of the nonfederal share 9,779
spent by the board and the federal financial participation 9,780
reimbursed by the state department for a service rendered under 9,781
this division shall be an amount agreed to by the board and the 9,782
state department, but shall not exceed the maximum reimbursable 9,783
for that service under rules adopted by the department under 9,784
Chapter 5111. of the Revised Code. The rules adopted under 9,785
division (F) of this section shall include procedures under which 9,786
the department will recover from a board overpayments and 9,787
subsequent federal audit disallowances of federal financial 9,788
participation reimbursed by the department. 9,789
(E) A board of education shall provide services under 9,791
division (D) of this section and under its healthcheck program as 9,792
provided in division (E)(1), (2), or (3) of this section: 9,793
(1) By having the services performed by physicians, 9,795
dentists, AND nurses, employed by the board; 9,796
242
(2) By contracting with physicians, dentists, nurses, and 9,798
other providers of services who have medical assistance provider 9,799
agreements with the state department of human services; 9,800
(3) By having some of the services performed by persons 9,802
described in division (E)(1) of this section and others performed 9,803
by persons described in division (E)(2) of this section. 9,804
(F) The director of human services shall adopt rules in 9,806
accordance with Chapter 119. of the Revised Code governing 9,807
healthcheck programs conducted under this section and services 9,808
provided under division (D) of this section. 9,809
Sec. 3317.023. (A) Notwithstanding section 3317.022 of 9,818
the Revised Code, the amounts required to be paid to a district 9,819
under that section shall be adjusted by the amount of the 9,820
computations made under divisions (B) to (L) of this section. 9,821
As used in this section: 9,823
(1) "Classroom teacher" means a licensed employee who 9,825
provides direct instruction to pupils, excluding teachers funded 9,826
from money paid to the district from federal sources; educational 9,827
service personnel; and vocational and special education teachers. 9,828
(2) "Educational service personnel" shall not include such 9,830
specialists funded from money paid to the district from federal 9,831
sources or assigned full-time to vocational or special education 9,832
students and classes and may only include those persons employed 9,833
in the eight specialist areas in a pattern approved by the 9,834
department of education under guidelines established by the state 9,835
board of education. 9,836
(3) "Annual salary" means the annual base salary stated in 9,838
the state minimum salary schedule for the performance of the 9,839
teacher's regular teaching duties that the teacher earns for 9,840
services rendered for the first full week of October of the 9,841
fiscal year for which the adjustment is made under division (D) 9,842
of this section. It shall not include any salary payments for 9,843
supplemental teachers contracts. 9,844
(B)(1) As used in this division, "per cent figure" means a 9,846
243
school district's three-year average number of ADC children 9,847
RECEIVING OHIO WORKS FIRST (OWF) UNDER CHAPTER 5107. OF THE 9,849
REVISED CODE divided by the district's three-year average of the 9,850
average daily membership in grades one through twelve and 9,851
one-half the kindergarten average daily membership, multiplied by 9,852
one hundred. 9,853
If the three-year average of the number of children ages 9,856
five to seventeen residing in the district and living in a family 9,857
receiving aid to dependent children OHIO WORKS FIRST, as 9,858
certified or adjusted under section 3317.10 of the Revised Code 9,859
for the current and preceding two fiscal years, is equal to five 9,861
per cent or more of the number of pupils in the three-year 9,862
average of the average daily membership in grades one through 9,863
twelve and one-half the kindergarten average daily membership, 9,864
certified under section 3317.03 of the Revised Code for the 9,865
current and preceding two fiscal years, add the amount computed 9,866
for the district in accordance with the following schedule: 9,867
THREE-YEAR AVERAGE NUMBER OF 9,869
ADC OWF CHILDREN DIVIDED BY THREE-YEAR 9,871
AVERAGE OF THE AVERAGE DAILY MEMBERSHIP 9,872
IN GRADES ONE THROUGH TWELVE AND 9,873
ONE-HALF THE KINDERGARTEN AVERAGE PAYMENT PER ADC OWF 9,875
CHILD IN
DAILY MEMBERSHIP THE THREE-YEAR AVERAGE 9,877
At least 5%, but less than 10% $198.00 x number of ADC 9,881
OWF children 9,882
At least 10%, but less than 20% (($101.50 x per cent 9,885
figure) minus $817.00) 9,886
x number of ADC OWF 9,887
children
At least 20%, but less than 30% (($7.50 x per cent 9,889
figure) plus $1,063.00) 9,890
x number of ADC OWF 9,891
children
244
At least 30% $1,288.00 x number of 9,893
ADC OWF children
(2) If in any year the sum of the additions made under 9,896
this division is less than ninety-seven per cent of the amount 9,897
appropriated for this division for that year, the department of 9,898
education shall increase the amount added for each district under 9,899
this division. The amount so added for each district shall equal 9,900
(1) the difference between ninety-seven per cent of the amount 9,901
appropriated and the total amount of the additions prior to such 9,902
increase, times (2) the percentage that the amount added for the 9,903
district prior to the increase was of the total of such amount 9,904
added for all districts. 9,905
(3) Except as provided in division (B)(4) of this section, 9,907
a district shall expend at least seventy per cent of any addition 9,909
received under this division for any of the following: 9,910
(a) The purchase of technology for instructional purposes; 9,913
(b) All-day kindergarten; 9,915
(c) Reduction of class sizes; 9,917
(d) Summer school remediation or other remedial programs; 9,919
(e) Dropout prevention programs; 9,921
(f) Guaranteeing that all third graders are ready to 9,923
progress to more advanced work; 9,924
(g) Summer education and work programs; 9,926
(h) Adolescent pregnancy programs; 9,928
(i) Head start or preschool programs; 9,930
(j) Reading improvement programs described by the 9,932
department of education; 9,933
(k) Programs designed to ensure that schools are free of 9,935
drugs and violence and have a disciplined environment conducive 9,936
to learning; 9,937
(l) Furnishing free of charge materials used in courses of 9,939
instruction, except for the necessary textbooks required to be 9,940
furnished without charge pursuant to section 3329.06 of the 9,941
Revised Code, to pupils living in families receiving aid to 9,942
245
dependent children OHIO WORKS FIRST in accordance with section 9,944
3313.642 of the Revised Code; 9,945
(m) School breakfasts provided pursuant to section 9,947
3313.813 of the Revised Code. 9,948
(4) Except as provided in division (B) of section 9,950
3301.0719 of the Revised Code, each at-risk school district, as 9,951
defined in division (A)(2) of section 3301.0719 of the Revised 9,952
Code, that receives at least three hundred thousand dollars under 9,953
divisions (B)(1) and (2) of this section shall expend at least 9,954
one-tenth of the amount described in division (B)(3) of this 9,955
section for either all-day kindergarten classes with a student 9,956
teacher ratio of fifteen to one or for reduction of class sizes 9,957
in grades kindergarten to four to a fifteen to one student 9,958
teacher ratio, or both. Such districts shall also expend such 9,959
funds to provide training for teachers participating in such 9,960
programs on an ongoing basis, including at least six days of 9,961
training each school year. Amounts expended for all-day 9,962
kindergarten under this section shall only be expended to provide 9,963
additional all-day kindergarten classes not in existence on July 9,964
26, 1991. Upon the request of a board of education, the state 9,965
board of education may grant an exemption from the requirement of 9,966
division (B)(4) of this section if the district board satisfies 9,967
the state board that the district has insufficient physical 9,968
facilities to implement this requirement. 9,969
(5) Each district shall maintain the portion required to 9,971
be spent under division (B)(3) of this section in a separate 9,972
district account. Each district shall submit to the department, 9,973
in such format and at such time as the department shall specify, 9,974
a report on the programs for which it expended funds under this 9,975
division. 9,976
(C) If the district employs less than one full-time 9,978
equivalent classroom teacher for each twenty-five pupils in ADM 9,979
in any school district, deduct the sum of the amounts obtained 9,980
from the following computations: 9,981
246
(1) Divide the number of the district's full-time 9,983
equivalent classroom teachers employed by one twenty-fifth; 9,984
(2) Subtract the quotient in (1) from the district's ADM; 9,986
(3) Multiply the difference in (2) by seven hundred 9,988
fifty-two dollars. 9,989
(D) If a positive amount, add one-half of the amount 9,991
obtained by multiplying the number of full-time equivalent 9,992
classroom teachers by: 9,993
(1) The mean annual salary of all full-time equivalent 9,995
classroom teachers employed by the district at their respective 9,996
training and experience levels minus; 9,997
(2) The mean annual salary of all such teachers at their 9,999
respective levels in all school districts receiving payments 10,000
under this section. 10,001
The number of full-time equivalent classroom teachers used 10,003
in this computation shall not exceed one twenty-fifth of the 10,004
district's ADM. In calculating the district's mean salary under 10,005
this division, those full-time equivalent classroom teachers with 10,006
the highest training level shall be counted first, those with the 10,007
next highest training level second, and so on, in descending 10,008
order. Within the respective training levels, teachers with the 10,009
highest years of service shall be counted first, the next highest 10,010
years of service second, and so on, in descending order. 10,011
(E) This division does not apply to a school district that 10,013
has entered into an agreement under division (A) of section 10,014
3313.42 of the Revised Code. Deduct the amount obtained from the 10,015
following computations if the district employs fewer than five 10,016
full-time equivalent educational service personnel, including 10,017
elementary school art, music, and physical education teachers, 10,018
counselors, librarians, visiting teachers, school social workers, 10,019
and school nurses for each one thousand pupils in ADM: 10,020
(1) Divide the number of full-time equivalent educational 10,022
service personnel employed by the district by five 10,023
one-thousandths; 10,024
247
(2) Subtract the quotient in (1) from the district's ADM; 10,026
(3) Multiply the difference in (2) by ninety-four dollars. 10,028
(F) If a local school district, or a city or exempted 10,030
village school district to which a governing board of an 10,032
educational service center provides services pursuant to section 10,033
3313.843 of the Revised Code, deduct the amount of the payment 10,034
required for the reimbursement of the governing board under 10,036
section 3317.11 of the Revised Code. 10,037
(G)(1) If the district is required to pay to or entitled 10,039
to receive tuition from another school district under division 10,040
(C)(2) or (3) of section 3313.64 or section 3313.65 of the 10,041
Revised Code, or if the superintendent of public instruction is 10,042
required to determine the correct amount of tuition and make a 10,043
deduction or credit under section 3317.08 of the Revised Code, 10,044
deduct and credit such amounts as provided in division (I) of 10,045
section 3313.64 or section 3317.08 of the Revised Code. 10,046
(2) For each child for whom the district is responsible 10,048
for tuition under division (A)(1) of section 3317.082 or under 10,049
division (B)(1) of section 3323.091 of the Revised Code, deduct 10,050
the amount of tuition for which the district is responsible. 10,051
(H) If the district has been certified by the 10,053
superintendent of public instruction under section 3313.90 of the 10,054
Revised Code as not in compliance with the requirements of that 10,055
section, deduct an amount equal to ten per cent of the amount 10,056
computed for the district under section 3317.022 of the Revised 10,057
Code. 10,058
(I) If the amount computed by the department of education 10,060
under division (I)(1) of this section is less than the amount 10,061
computed under division (I)(2) of this section, add an amount 10,062
equal to the result obtained by subtracting the amount computed 10,063
under division (I)(1) from the amount computed under division 10,064
(I)(2) of this section. 10,065
The department of education shall compute both of the 10,067
following for each district: 10,068
248
(1) The sum of the amounts computed for the district under 10,070
section 3317.022 and division (N) of section 3317.024 of the 10,071
Revised Code for units approved under division (B) of section 10,072
3317.05 of the Revised Code. 10,073
(2) The amount the district would be entitled to receive 10,075
under section 3317.022 of the Revised Code if the ADM used in the 10,076
computation required by that section included the number of 10,077
full-time equivalent pupils enrolled in the units for handicapped 10,078
children approved under division (B) of section 3317.05 of the 10,079
Revised Code that are used to make the computation required by 10,080
division (N)(1)(a) of section 3317.024 of the Revised Code. 10,081
(J) If the district has received a loan from a commercial 10,083
lending institution for which payments are made by the 10,084
superintendent of public instruction pursuant to division (E)(3) 10,085
of section 3313.483 of the Revised Code, deduct an amount equal 10,086
to such payments. 10,087
(K)(1) If the district is a party to an agreement entered 10,089
into under division (D), (E), or (F) of section 3311.06 or 10,090
division (B) of section 3311.24 of the Revised Code and is 10,091
obligated to make payments to another district under such an 10,092
agreement, deduct an amount equal to such payments if the 10,093
district school board notifies the department in writing that it 10,094
wishes to have such payments deducted. 10,095
(2) If the district is entitled to receive payments from 10,097
another district that has notified the department to deduct such 10,098
payments under division (K)(1) of this section, add the amount of 10,099
such payments. 10,100
(L) If the district is required to pay an amount of funds 10,102
to a cooperative education district pursuant to a provision 10,103
described by division (B)(4) of section 3311.52 or division 10,104
(B)(8) of section 3311.521 of the Revised Code, deduct such 10,105
amounts as provided under that provision and credit those amounts 10,106
to the cooperative education district for payment to the district 10,107
under division (B)(1) of section 3317.19 of the Revised Code. 10,108
249
Sec. 3317.10. (A)(1) On or before the first day of March 10,118
of each year, the department of human services shall certify to 10,119
the state board of education the number of children ages five 10,120
through seventeen residing in each school district and living in 10,121
a family that received aid to dependent children OHIO WORKS FIRST 10,122
UNDER CHAPTER 5107. OF THE REVISED CODE during the preceding 10,123
October according to the school district of residence for each 10,124
child. Except as provided under division (B) of this section, 10,125
the number of children so certified in any year shall be used by 10,126
the department of education in the calculation of the 10,127
distribution of moneys for the ensuing fiscal year provided in 10,128
division (B) of section 3317.023 of the Revised Code. 10,129
(B) Upon the transfer of part of the territory of one 10,131
school district to the territory of one or more other school 10,132
districts, the department of education may adjust the number 10,133
certified under division (A)(1) of this section for any district 10,134
gaining or losing territory in such a transfer in order to take 10,135
into account the effect of the transfer on the number of children 10,136
ages five through seventeen who reside in the district and live 10,137
in a family that receives aid to dependent children OHIO WORKS 10,139
FIRST. Within sixty days of receipt of a request for information 10,140
from the department of education, the department of human 10,141
services shall provide any information the department of 10,142
education determines is necessary to make such adjustments. The 10,143
department of education may use the adjusted number for any 10,144
district for the applicable fiscal year in lieu of the number 10,145
certified for the district for that fiscal year under division 10,146
(A)(1) of this section in the calculation of the distribution of 10,147
moneys provided in division (B) of section 3317.023 and of the 10,149
Revised Code.
Sec. 3701.503. As used in sections 3701.504 to 3701.507 of 10,158
the Revised Code: 10,159
(A) "Parent" means either parent, unless the parents are 10,161
separated or divorced or their marriage has been dissolved or 10,162
250
annulled, in which case "parent" means the parent who is the 10,163
residential parent and legal custodian. 10,164
(B) "Guardian" has the same meaning as in section 2111.01 10,166
of the Revised Code. 10,167
(C) "Custodian" means, except as used in division (A) of 10,169
this section, a government agency or an individual, other than 10,170
the parent or guardian, with legal or permanent custody of a 10,171
child as defined in divisions (B)(8)(17) and (10)(27) of section 10,173
2151.011 of the Revised Code. 10,174
(D) "Address," in the case of an individual, means the 10,176
individual's residence and, in the case of a government agency, 10,177
means the office at which the records pertaining to a particular 10,178
child are maintained. 10,179
(E) "Risk screening" means the identification of infants 10,181
who are at risk of hearing impairment, through the use of a 10,182
high-risk questionnaire developed by the department of health 10,183
under division (A) of section 3701.504 of the Revised Code. 10,184
(F) "Hearing assessment" means the use of audiological 10,186
procedures by or under the supervision of an audiologist licensed 10,187
under section 4753.07 of the Revised Code, or by a neurologist or 10,188
otolaryngologist, to identify infants who are at risk of hearing 10,189
impairment. 10,190
Sec. 3727.17. Each hospital shall provide a staff person 10,200
to do all of the following: 10,201
(A) Meet with each unmarried mother who gave birth in or 10,203
en route to the hospital within twenty-four hours after the birth 10,204
or before the mother is released from the hospital; 10,205
(B) Attempt to meet with the father of the unmarried 10,207
mother's child if possible; 10,208
(C) Explain to the unmarried mother and the father, if he 10,210
THE FATHER is present, the benefit to the child of establishing a 10,212
parent and child relationship between the father and the child 10,213
and the various proper procedures for establishing a parent and 10,214
child relationship; 10,215
251
(D) Present to the unmarried mother and, if possible, the 10,217
father, a pamphlet or statement regarding the rights and 10,218
responsibilities of a natural parent prepared by the department 10,219
of human services; 10,220
(E) Provide the unmarried mother, and if possible the 10,222
father, all forms, statements, or agreements necessary to 10,223
voluntarily establish a parent and child relationship, including 10,224
the acknowledgment of paternity form prescribed under section 10,225
2105.18 of the Revised Code and the voluntary agreement to be 10,226
bound by the results of genetic testing set forth in section 10,227
2301.373 or 3111.21 of the Revised Code; 10,228
(F) Upon both the mother's and father's request, help the 10,230
mother and father complete any specific form, statement, or 10,231
agreement necessary to establish a parent and child relationship; 10,232
(G) Present to an unmarried mother who is not a recipient 10,234
of medicaid or aid to dependent children OHIO WORKS FIRST an 10,236
application for Title IV-D services; 10,237
(H) Upon both the mother's and father's request, mail the 10,239
voluntary acknowledgment of paternity to the probate court in the 10,240
county in which the father, the mother, or the child resides. 10,241
Sec. 4115.04. Every public authority authorized to 10,250
contract for or construct with its own forces a public 10,251
improvement, before advertising for bids or undertaking such 10,252
construction with its own forces, shall have the bureau of 10,253
employment services determine the prevailing rates of wages of 10,254
mechanics and laborers in accordance with section 4115.05 of the 10,255
Revised Code for the class of work called for by the public 10,256
improvement, in the locality where the work is to be performed. 10,257
Such schedule of wages shall be attached to and made part of the 10,258
specifications for the work, and shall be printed on the bidding 10,259
blanks where the work is done by contract. A copy of the bidding 10,260
blank shall be filed with the bureau before such contract is 10,261
awarded. A minimum rate of wages for common laborers, on work 10,263
coming under the jurisdiction of the department of 10,264
252
transportation, shall be fixed in each county of the state by 10,265
said department of transportation, in accordance with section 10,266
4115.05 of the Revised Code.
Sections 4115.03 to 4115.16 of the Revised Code do not 10,268
apply to:
(A) Public improvements in any case where the federal 10,270
government or any of its agencies furnishes by loan or grant all 10,272
or any part of the funds used in constructing such improvements, 10,273
provided the federal government or any of its agencies prescribes 10,274
predetermined minimum wages to be paid to mechanics and laborers 10,275
employed in the construction of such improvements; 10,276
(B) A participant of the subsidized employment program 10,278
established under section 5101.82 of the Revised Code A WORK 10,279
ACTIVITY or the AN ALTERNATIVE work experience program 10,280
established ACTIVITY under section 5101.83 SECTIONS 5107.40 TO 10,282
5107.68 of the Revised Code when a public authority directly uses 10,283
the labor of the participant to construct a public improvement. 10,284
Sec. 4117.01. As used in this chapter: 10,293
(A) "Person," in addition to those included in division 10,295
(C) of section 1.59 of the Revised Code, includes employee 10,296
organizations, public employees, and public employers. 10,297
(B) "Public employer" means the state or any political 10,299
subdivision of the state located entirely within the state, 10,300
including, without limitation, any municipal corporation with a 10,301
population of at least five thousand according to the most recent 10,302
federal decennial census; county; township with a population of 10,303
at least five thousand in the unincorporated area of the township 10,304
according to the most recent federal decennial census; school 10,305
district; state institution of higher learning; public or special 10,307
district; state agency, authority, commission, or board; or other 10,308
branch of public employment.
(C) "Public employee" means any person holding a position 10,310
by appointment or employment in the service of a public employer, 10,311
including any person working pursuant to a contract between a 10,312
253
public employer and a private employer and over whom the national 10,313
labor relations board has declined jurisdiction on the basis that 10,314
the involved employees are employees of a public employer, 10,315
except: 10,316
(1) Persons holding elective office; 10,318
(2) Employees of the general assembly and employees of any 10,320
other legislative body of the public employer whose principal 10,321
duties are directly related to the legislative functions of the 10,322
body; 10,323
(3) Employees on the staff of the governor or the chief 10,325
executive of the public employer whose principal duties are 10,326
directly related to the performance of the executive functions of 10,327
the governor or the chief executive; 10,328
(4) Persons who are members of the organized militia, 10,330
while on active duty; 10,331
(5) Employees of the state employment relations board; 10,333
(6) Confidential employees; 10,335
(7) Management level employees; 10,337
(8) Employees and officers of the courts, assistants to 10,339
the attorney general, assistant prosecuting attorneys, and 10,340
employees of the clerks of courts who perform a judicial 10,341
function; 10,342
(9) Employees of a public official who act in a fiduciary 10,344
capacity, appointed pursuant to section 124.11 of the Revised 10,345
Code; 10,346
(10) Supervisors; 10,348
(11) Students whose primary purpose is educational 10,350
training, including graduate assistants or associates, residents, 10,351
interns, or other students working as part-time public employees 10,352
less than fifty per cent of the normal year in the employee's 10,353
bargaining unit; 10,354
(12) Employees of county boards of election; 10,356
(13) Seasonal and casual employees as determined by the 10,358
state employment relations board; 10,359
254
(14) Part-time faculty members of an institution of higher 10,361
education; 10,362
(15) Employees of the state personnel board of review; 10,364
(16) Employees of the board of directors of the Ohio 10,366
low-level radioactive waste facility development authority 10,367
created in section 3747.05 of the Revised Code. 10,368
(17) Participants of the subsidized employment program 10,370
established under section 5101.82 5107.52 of the Revised Code or 10,372
the work experience program established under section 5101.83 10,373
5107.54 of the Revised Code who perform a service for a public 10,375
employer that the public employer needs but is not performed by 10,376
an employee of the public employer.
(D) "Employee organization" means any labor or bona fide 10,378
organization in which public employees participate and that 10,379
exists for the purpose, in whole or in part, of dealing with 10,380
public employers concerning grievances, labor disputes, wages, 10,381
hours, terms, and other conditions of employment. 10,382
(E) "Exclusive representative" means the employee 10,384
organization certified or recognized as an exclusive 10,385
representative under section 4117.05 of the Revised Code. 10,386
(F) "Supervisor" means any individual who has authority, 10,388
in the interest of the public employer, to hire, transfer, 10,389
suspend, lay off, recall, promote, discharge, assign, reward, or 10,390
discipline other public employees; to responsibly direct them; to 10,391
adjust their grievances; or to effectively recommend such action, 10,392
if the exercise of that authority is not of a merely routine or 10,393
clerical nature, but requires the use of independent judgment, 10,394
provided that: 10,395
(1) Employees of school districts who are department 10,397
chairmen CHAIRPERSONS or consulting teachers shall not be deemed 10,398
supervisors; 10,399
(2) With respect to members of a police or fire 10,401
department, no person shall be deemed a supervisor except the 10,402
chief of the department or those individuals who, in the absence 10,403
255
of the chief, are authorized to exercise the authority and 10,404
perform the duties of the chief of the department. Where prior 10,405
to June 1, 1982, a public employer pursuant to a judicial 10,406
decision, rendered in litigation to which the public employer was 10,407
a party, has declined to engage in collective bargaining with 10,408
members of a police or fire department on the basis that those 10,409
members are supervisors, those members of a police or fire 10,410
department do not have the rights specified in this chapter for 10,411
the purposes of future collective bargaining. The state 10,412
employment relations board shall decide all disputes concerning 10,413
the application of division (F)(2) of this section. 10,414
(3) With respect to faculty members of a state institution 10,416
of higher education, heads of departments or divisions are 10,417
supervisors; however, no other faculty member or group of faculty 10,418
members is a supervisor solely because the faculty member or 10,419
group of faculty members participate in decisions with respect to 10,420
courses, curriculum, personnel, or other matters of academic 10,421
policy; 10,422
(4) No teacher as defined in section 3319.09 of the 10,424
Revised Code shall be designated as a supervisor or a management 10,425
level employee unless the teacher is employed under a contract 10,426
governed by section 3319.01, 3319.011, or 3319.02 of the Revised 10,427
Code and is assigned to a position for which a license deemed to 10,429
be for administrators under state board rules is required 10,430
pursuant to section 3319.22 of the Revised Code.
(G) "To bargain collectively" means to perform the mutual 10,432
obligation of the public employer, by its representatives, and 10,433
the representatives of its employees to negotiate in good faith 10,434
at reasonable times and places with respect to wages, hours, 10,435
terms, and other conditions of employment and the continuation, 10,436
modification, or deletion of an existing provision of a 10,437
collective bargaining agreement, with the intention of reaching 10,438
an agreement, or to resolve questions arising under the 10,439
agreement. "To bargain collectively" includes executing a 10,440
256
written contract incorporating the terms of any agreement 10,441
reached. The obligation to bargain collectively does not mean 10,442
that either party is compelled to agree to a proposal nor does it 10,443
require the making of a concession. 10,444
(H) "Strike" means continuous concerted action in failing 10,446
to report to duty; willful absence from one's position; or 10,447
stoppage of work in whole from the full, faithful, and proper 10,448
performance of the duties of employment, for the purpose of 10,449
inducing, influencing, or coercing a change in wages, hours, 10,450
terms, and other conditions of employment. "Strike" does not
include a stoppage of work by employees in good faith because of 10,451
dangerous or unhealthful working conditions at the place of 10,452
employment that are abnormal to the place of employment. 10,453
(I) "Unauthorized strike" includes, but is not limited to, 10,455
concerted action during the term or extended term of a collective 10,456
bargaining agreement or during the pendency of the settlement 10,457
procedures set forth in section 4117.14 of the Revised Code in 10,458
failing to report to duty; willful absence from one's position; 10,459
stoppage of work; slowdown, or abstinence in whole or in part
from the full, faithful, and proper performance of the duties of 10,460
employment for the purpose of inducing, influencing, or coercing 10,461
a change in wages, hours, terms, and other conditions of 10,462
employment. "Unauthorized strike" includes any such action, 10,463
absence, stoppage, slowdown, or abstinence when done partially or 10,464
intermittently, whether during or after the expiration of the
term or extended term of a collective bargaining agreement or 10,465
during or after the pendency of the settlement procedures set 10,466
forth in section 4117.14 of the Revised Code. 10,467
(J) "Professional employee" means any employee engaged in 10,469
work that is predominantly intellectual, involving the consistent 10,471
exercise of discretion and judgment in its performance and 10,472
requiring knowledge of an advanced type in a field of science or 10,473
learning customarily acquired by a prolonged course in an
institution of higher learning or a hospital, as distinguished 10,474
257
from a general academic education or from an apprenticeship; or 10,475
an employee who has completed the courses of specialized 10,476
intellectual instruction and is performing related work under the 10,477
supervision of a professional person to become qualified as a 10,479
professional employee.
(K) "Confidential employee" means any employee who works 10,481
in the personnel offices of a public employer and deals with 10,482
information to be used by the public employer in collective 10,483
bargaining; or any employee who works in a close continuing 10,484
relationship with public officers or representatives directly 10,485
participating in collective bargaining on behalf of the employer. 10,486
(L) "Management level employee" means an individual who 10,488
formulates policy on behalf of the public employer, who 10,489
responsibly directs the implementation of policy, or who may 10,490
reasonably be required on behalf of the public employer to assist 10,491
in the preparation for the conduct of collective negotiations, 10,492
administer collectively negotiated agreements, or have a major 10,493
role in personnel administration. Assistant superintendents, 10,494
principals, and assistant principals whose employment is governed 10,495
by section 3319.02 of the Revised Code are management level 10,496
employees. With respect to members of a faculty of a state 10,497
institution of higher education, no person is a management level 10,498
employee because of the person's involvement in the formulation 10,499
or implementation of academic or institution policy. 10,500
(M) "Wages" means hourly rates of pay, salaries, or other 10,502
forms of compensation for services rendered. 10,503
(N) "Member of a police department" means a person who is 10,505
in the employ of a police department of a municipal corporation 10,506
as a full-time regular police officer as the result of an 10,508
appointment from a duly established civil service eligibility
list or under section 737.15 or 737.16 of the Revised Code, a 10,509
full-time deputy sheriff appointed under section 311.04 of the 10,510
Revised Code, a township constable appointed under section 509.01 10,512
of the Revised Code, or a member of a township police district 10,513
258
police department appointed under section 505.49 of the Revised 10,514
Code.
(O) "Members of the state highway patrol" means highway 10,516
patrol troopers and radio operators appointed under section 10,517
5503.01 of the Revised Code. 10,518
(P) "Member of a fire department" means a person who is in 10,520
the employ of a fire department of a municipal corporation or a 10,521
township as a fire cadet, full-time regular fire fighter, or 10,522
promoted rank as the result of an appointment from a duly 10,523
established civil service eligibility list or under section 10,524
505.38, 709.012, or 737.22 of the Revised Code. 10,525
(Q) "Day" means calendar day. 10,527
Sec. 4123.27. Information contained in the annual 10,536
statement provided for in section 4123.26 of the Revised Code, 10,537
and such other information as may be furnished to the bureau of 10,538
workers' compensation by employers in pursuance of that section, 10,539
is for the exclusive use and information of the bureau in the 10,540
discharge of its official duties, and shall not be open to the 10,541
public nor be used in any court in any action or proceeding 10,542
pending therein unless the bureau is a party to the action or 10,543
proceeding; but the information contained in the statement may be 10,544
tabulated and published by the bureau in statistical form for the 10,545
use and information of other state departments and the public. 10,546
No person in the employ of the bureau, except those who are 10,547
authorized by the administrator of workers' compensation, shall 10,548
divulge any information secured by him THE PERSON while in the 10,550
employ of the bureau in respect to the transactions, property, 10,552
claim files, records, or papers of the bureau or in respect to 10,553
the business or mechanical, chemical, or other industrial process 10,555
of any company, firm, corporation, person, association, 10,556
partnership, or public utility to any person other than the 10,557
administrator or to the superior of such employee of the bureau. 10,558
Notwithstanding the restrictions imposed by this section, 10,560
the governor, select or standing committees of the general 10,561
259
assembly, the auditor of state, the attorney general, or their 10,562
designees, pursuant to the authority granted in this chapter and 10,563
Chapter 4121. of the Revised Code, may examine any records, claim 10,564
files, or papers in possession of the industrial commission or 10,565
the bureau. They also are bound by the privilege that attaches 10,566
to these papers. 10,567
The administrator shall report to the director of human 10,569
services or to the county director of human services the name, 10,570
address, and social security number or other identification 10,571
number of any person receiving workers' compensation whose name 10,572
or social security number or other identification number is the 10,573
same as that of a person required by a court or child support 10,574
enforcement agency to provide support payments to a recipient of 10,575
public assistance, and whose name is submitted to the 10,576
administrator by the director under section 5101.36 of the 10,577
Revised Code. The administrator also shall inform the director 10,578
of the amount of workers' compensation paid to the person during 10,579
such period as the director specifies. 10,580
Within fourteen days after receiving from the director of 10,582
human services a list of the names and social security numbers of 10,583
recipients of public assistance pursuant to section 5101.181 of 10,584
the Revised Code, the administrator shall inform the auditor of 10,585
state of the name, current or most recent address, and social 10,586
security number of each person receiving workers' compensation 10,587
pursuant to this chapter whose name and social security number 10,588
are the same as that of a person whose name or social security 10,589
number was submitted by the director. The administrator also 10,591
shall inform the auditor of state of the amount of workers'
compensation paid to the person during such period as the 10,592
director specifies. 10,593
The bureau and its employees, except for purposes of 10,595
furnishing the auditor of state with information required by this 10,596
section, shall preserve the confidentiality of recipients of 10,597
public assistance in compliance with division (A) of section 10,598
260
5101.181 of the Revised Code. 10,599
For the purposes of this section, "public assistance" means 10,601
medical assistance provided through the medical assistance 10,602
program established under section 5111.01 of the Revised Code, 10,603
aid to dependent children OHIO WORKS FIRST provided under Chapter 10,605
5107. of the Revised Code, or disability assistance provided 10,606
under Chapter 5115. of the Revised Code. 10,607
Sec. 4141.162. (A) The administrator of the bureau of 10,616
employment services shall establish an income and eligibility 10,617
verification system that complies with section 1137 of the 10,618
"Social Security Act." The programs included in the system are: 10,619
(1) Unemployment compensation pursuant to section 3304 of 10,621
the "Internal Revenue Code of 1954"; 10,622
(2) Aid to families with dependent children OHIO WORKS 10,624
FIRST pursuant to part A of Title IV of the "Social Security Act" 10,626
CHAPTER 5107. OF THE REVISED CODE; 10,627
(3) Medicaid assistance pursuant to Title XIX of the 10,629
"Social Security Act"; 10,630
(4) Food stamps pursuant to the "Food Stamp Act of 1977," 10,632
91 Stat. 958, 7 U.S.C.A. 2012 2011, as amended; 10,633
(5) Any Ohio program under a plan approved under Title I, 10,635
X, XIV, or XVI of the "Social Security Act." 10,636
Wage information provided by employers to the bureau shall 10,638
be furnished to the income and eligibility verification system. 10,639
Such information shall be used by the bureau to determine 10,640
eligibility of individuals for unemployment compensation benefits 10,641
and the amount of those benefits and used by the agencies that 10,642
administer the programs identified in divisions (A)(2) to (5) of 10,643
this section to determine or verify eligibility for or the amount 10,644
of benefits under those programs. 10,645
The bureau shall fully implement the use of wage 10,647
information to determine eligibility for and the amount of 10,648
unemployment compensation benefits by September 30, 1988. 10,649
Information furnished under the system shall also be made 10,651
261
available to the appropriate state or local child support 10,652
enforcement agency for the purposes of an approved plan under 10,653
part D of Title IV IV-D of the "Social Security Act" and to the 10,655
appropriate federal agency for the purposes of Titles II and XVI 10,656
of the "Social Security Act." 10,657
(B) The administrator shall adopt rules as necessary under 10,659
which the bureau of employment services, the department of human 10,660
services, and other state agencies the administrator determines 10,661
must participate in order to ensure compliance with section 1137 10,662
of the "Social Security Act" exchange information with each other 10,663
or authorized federal agencies about individuals who are 10,664
applicants for or recipients of benefits under any of the 10,665
programs enumerated in division (A) of this section. The rules 10,666
shall extend to: 10,667
(1) A requirement for standardized formats and procedures 10,669
for a participating agency to request and receive information 10,670
about an individual, which information shall include the 10,671
individual's social security number; 10,672
(2) A requirement that all applicants for and recipients 10,674
of benefits under any program enumerated in division (A) of this 10,675
section be notified at the time of application, and periodically 10,676
thereafter, that information available through the system may be 10,677
shared with agencies that administer other benefit programs and 10,678
utilized in establishing or verifying eligibility or benefit 10,679
amounts under the other programs enumerated in division (A) of 10,680
this section; 10,681
(3) A requirement that information is made available only 10,683
to the extent necessary to assist in the valid administrative 10,684
needs of the program receiving the information and is targeted 10,685
for use in ways which are most likely to be productive in 10,686
identifying and preventing ineligibility and incorrect payments; 10,687
(4) A requirement that information is adequately protected 10,689
against unauthorized disclosures for purposes other than to 10,690
establish or verify eligibility or benefit amounts under the 10,691
262
programs enumerated in division (A) of this section; 10,692
(5) A requirement that a program providing information is 10,694
reimbursed by the program using the information for the actual 10,695
costs of furnishing the information and that the administrator be 10,696
reimbursed by the participating programs for any actual costs 10,697
incurred in operating the system; 10,698
(6) Requirements for any other matters necessary to ensure 10,700
the effective, efficient, and timely exchange of necessary 10,701
information or that the administrator determines must be 10,702
addressed in order to ensure compliance with the requirements of 10,703
section 1137 of the "Social Security Act." 10,704
(C) Each participating agency shall furnish to the income 10,706
and eligibility verification system established in division (A) 10,707
of this section that information, which the administrator, by 10,708
rule, determines is necessary in order to comply with section 10,709
1137 of the "Social Security Act." 10,710
(D) Notwithstanding the information disclosure 10,712
requirements of this section and sections 4141.16, 4141.161, 10,713
4141.21, and division (D)(4)(a) of section 4141.28 of the Revised 10,714
Code, the administrator shall administer those provisions of law 10,715
so as to comply with section 1137 of the "Social Security Act." 10,716
(E) Requirements in section 4141.21 of the Revised Code 10,718
with respect to confidentiality of information obtained in the 10,719
administration of Chapter 4141. of the Revised Code and any 10,720
sanctions imposed for improper disclosure of such information 10,721
shall apply to the redisclosure of information disclosed under 10,722
this section. 10,723
Sec. 4141.163. The administrator of the bureau of 10,732
employment services shall disclose wage information, as defined 10,733
by the administrator, to a requesting agency only by agreement 10,734
between the agency and the administrator. The administrator 10,735
shall be paid by the requesting agency for the actual cost of 10,736
providing the information. 10,737
As used in this section, "requesting agency" means a state 10,739
263
agency, including the auditor of state, charged with the 10,740
responsibility of enforcing any of the following: 10,741
(A) The aid to families of dependent children OHIO WORKS 10,743
FIRST program under part A of Title IV of the "Social Security 10,745
Act" CHAPTER 5107. OF THE REVISED CODE; 10,746
(B) The medical assistance program under Title XIX of the 10,748
"Social Security Act"; 10,749
(C) The food stamp program under the "Food Stamp Act of 10,751
1977"; 10,752
(D) A program under a plan approved under Title I, X, XIV, 10,754
or XVI of the "Social Security Act." 10,755
Information disclosed under this section shall be used only 10,757
for the enforcement of the programs listed in divisions (A) to 10,758
(D) of this section. Requirements with respect to the 10,759
confidentiality of information obtained in the administration of 10,760
Chapter 4141. of the Revised Code and any sanctions imposed for 10,761
improper disclosure of information obtained therein shall apply 10,762
to the redisclosure of information disclosed under this section. 10,763
Sec. 5101.02. The director of human services is the 10,772
executive head of the department of human services. All duties 10,773
conferred on the various OFFICES, divisions, BUREAUS, SECTIONS, 10,775
and institutions of the department by law or by order of the 10,776
director shall be performed under such rules as the director 10,777
prescribes, and shall be under the director's control. 10,778
The director of human services may enter into agreements 10,780
with county boards of commissioners, as provided in section 10,781
329.05 of the Revised Code, to create a single administrative 10,782
unit within the county for the administration of the aid to 10,783
dependent children and disability assistance programs. 10,785
Any such agreement entered into shall provide, either in 10,787
specific terms or by prescribing a method for determining the 10,788
amounts, for any payments to be made into the county treasury in 10,789
consideration of the performance of the agreement, and may 10,790
provide for the transfer to the board of county commissioners of 10,791
264
any property, real or personal, used or useful in the performance 10,792
of functions or the rendering of services under such agreement. 10,793
Such transfer may limit the power of the board to dispose of such 10,794
property, and may provide for its return, disposition, division, 10,795
or distribution, in the event of the rescission or expiration of 10,796
the agreement. 10,797
To the extent provided by such agreement the functions and 10,799
duties of the department of human services shall be vested in the 10,800
board of county commissioners. 10,801
Payments authorized by the agreement shall be made by the 10,803
state not less than four times during each fiscal year on 10,804
vouchers prepared by the department of human services and may 10,805
include any funds appropriated or allocated to the department of 10,806
human services for carrying out the duties and responsibilities 10,807
which, under terms of the agreement, are transferred to the board 10,808
of county commissioners, including, but not limited to, funds for 10,809
personal service and maintenance. 10,810
Sec. 5101.06. The director of human services may establish 10,819
OFFICES, divisions, BUREAUS, AND SECTIONS and prescribe their 10,821
powers and duties.
Sec. 5101.07. Each OFFICE, division, BUREAU, AND SECTION 10,832
authorized by section 5101.06 of the Revised Code shall consist 10,833
of a chief and the officers and employees, including those in 10,834
institutions, necessary for the performance of the functions 10,835
assigned to it. The director of human services shall supervise 10,836
the work of each OFFICE, division, BUREAU, AND SECTION and SHALL 10,837
be responsible for the determination of general policies in the 10,838
exercise of powers vested in the department and powers assigned 10,839
to each OFFICE, division, BUREAU, AND SECTION. The chief of each 10,841
OFFICE, division, BUREAU, AND SECTION shall be responsible to the 10,843
director for the organization, direction, and supervision of the 10,844
work of the OFFICE, division, BUREAU, OR SECTION and the exercise 10,845
of the powers and the performance of the duties of the department 10,846
assigned to such OFFICE, division, BUREAU, OR SECTION, and, with 10,848
265
the approval of the director, may establish bureaus or other 10,849
administrative units therein. The director shall appoint the 10,850
chief of each OFFICE, division, BUREAU, AND SECTION, who, unless 10,852
placed in the unclassified service under section 124.11 of the 10,853
Revised Code, shall be in the classified service, and all other
employees of the department. The chief of each OFFICE, division, 10,855
BUREAU, AND SECTION shall be a person who has had special 10,856
training and experience in the type of work with the performance 10,857
of which the OFFICE, division, BUREAU, OR SECTION is charged. If 10,859
the director certifies that any such position can best be filled 10,860
under division (B) of section 124.30 of the Revised Code or 10,861
without regard to residence of the appointee, the department of 10,862
administrative services shall be governed by such certification. 10,863
Each chief of a AN OFFICE, division, BUREAU, OR SECTION, under 10,865
the director of human services, shall have entire executive 10,866
charge of the OFFICE, division, BUREAU, OR SECTION for which he 10,867
THE CHIEF is appointed. 10,868
All employees holding positions in the classified service 10,870
within the department on June 30, 1966, shall continue to hold 10,871
such positions and this section does not affect their civil 10,872
service status. 10,873
Employees of any division that is abolished by Amended 10,875
Substitute House Bill No. 376 of the 106th general assembly shall 10,876
be transferred to a comparable position in another division of 10,877
the department. 10,878
Sec. 5101.071. (A) Not later than ninety days after the 10,887
effective date of this section, the director of human services 10,888
shall develop and provide a training program to assist 10,889
caseworkers in county departments of human services and county 10,890
PUBLIC children services boards AGENCIES in understanding the 10,891
dynamics of domestic violence and the relationship domestic 10,892
violence has to child abuse. The program shall be coordinated 10,893
with other department programs regarding family violence. 10,894
(B) Not later than ninety days after the effective date of 10,896
266
this section, the director of human services shall adopt rules in 10,897
accordance with section 111.15 of the Revised Code establishing 10,898
policies for dealing with domestic violence and the victims of 10,899
domestic violence. The rules shall include all of the following: 10,900
(1) A rule designating types and categories of employees 10,902
of county departments of human services and employees of county 10,903
PUBLIC children services boards AGENCIES to receive training in 10,905
the handling of domestic violence cases and a policy for the 10,906
training of the designated types and categories of employees in 10,907
the handling of those cases.
(2) Guidelines directing how county departments of human 10,909
services and county children services boards shall respond to 10,910
identified domestic violence problems and to the needs of 10,911
children directly or indirectly involved in situations involving 10,912
domestic violence.
(C) Each county department of human services and each 10,914
county PUBLIC children services board AGENCY shall require its 10,916
employees to complete the training described in divisions (A) and 10,918
(B) of this section in accordance with the rules adopted by the 10,919
director of human services pursuant to division (B) of this
section.
Sec. 5101.10. The director of human services may expend 10,928
funds appropriated or available to the department of human 10,929
services to match federal funds that are or may become available 10,930
for the purposes of personnel THE ADMINISTRATION OF, AND 10,931
training, education, and research in, human services, and the 10,933
delivery of human services from public or private entities, 10,935
including other governmental agencies; public or private
institutions, organizations, agencies, and corporations; and 10,936
individuals. For purposes of this section, the director may 10,937
enter into contracts or agreements with public and private 10,938
entities and make grants to public and private entities. 10,939
THE DEPARTMENT MAY ADOPT RULES IN ACCORDANCE WITH SECTION 10,941
111.15 OF THE REVISED CODE TO DEFINE TERMS AND ADOPT PROCEDURES 10,942
267
AND OTHER PROVISIONS NECESSARY TO IMPLEMENT THIS SECTION. 10,943
Sec. 5101.14. (A) Within available funds, the department 10,952
of human services shall make payments to the counties within 10,953
thirty days after the beginning of each calendar quarter for a 10,954
part of their costs for services to children performed pursuant 10,955
to Chapter 5153. of the Revised Code. The 10,956
Funds provided to the county under this section shall be 10,958
deposited in a special fund in the county treasury, known as the 10,959
children services fund, and shall be used for no other purpose 10,960
than to meet expenses of the children services program. 10,961
(B) THE funds distributed under this section shall be used 10,963
to provide home-based services to children and families; to 10,964
provide protective services to children; to find, develop, and 10,965
approve adoptive homes; and to provide short-term, out-of-home 10,966
care and treatment for children. No funds shall be used for the 10,967
costs of maintaining a child in a children's home owned and 10,968
operated by the county. 10,969
In each fiscal year, the amount of funds available for 10,971
distribution under this section shall be allocated to counties as 10,973
follows:
(1) If the amount is less than the amount initially 10,975
appropriated for the immediately preceding fiscal year, each 10,976
county shall receive an amount equal to the percentage of the 10,977
funding it received in the immediately preceding fiscal year, 10,978
exclusive of any releases from or additions to the allocation or 10,979
any sanctions imposed under this section; 10,980
(2) If the amount is equal to the amount initially 10,982
appropriated for the immediately preceding fiscal year, each 10,983
county shall receive an amount equal to the amount it received in 10,985
the preceding fiscal year, exclusive of any releases from or
additions to the allocation or any sanctions imposed under this 10,986
section; 10,987
(3) If the amount is greater than the amount initially 10,989
appropriated for the immediately preceding fiscal year, each 10,990
268
county shall receive the amount determined under division (A)(2) 10,992
of this section as a base allocation, plus a percentage of the 10,993
amount that exceeds the amount initially appropriated for the 10,994
immediately preceding fiscal year. The amount exceeding the 10,995
amount initially appropriated in the immediately preceding fiscal 10,996
year shall be allocated to the counties as follows: 10,997
(a) Twelve per cent divided equally among all counties; 10,999
(b) Forty-eight per cent in the ratio that the number of 11,001
residents of the county under the age of eighteen bears to the 11,003
total number of such persons residing in this state; 11,004
(c) Forty per cent in the ratio that the number of 11,006
residents of the county with incomes under the federal poverty 11,007
line bears to the total number of such persons in this state. 11,008
As used in this division, "federal poverty guideline" means 11,010
the poverty guideline as defined by the United States office of 11,012
management and budget and revised by the United States secretary 11,013
of health and human services in accordance with section 673 of 11,014
the "Community Services Block Grant Act," 95 Stat. 511 (1981), 42 11,016
U.S.C.A. 9902, as amended.
(B)(C) The department may adopt rules as necessary for the 11,019
allocation of funds under this section. The rules shall be 11,020
adopted in accordance with section 111.15 of the Revised Code. 11,021
(C)(D)(1) As used in this division, "services to children" 11,023
includes only children's protective services, home-based services 11,024
to children and families, family foster home services, 11,025
residential treatment services, adoptive services, and 11,026
independent living services. 11,027
(2) Except as otherwise provided in this section, the 11,029
allocation of funds for a fiscal year to a county under this 11,030
section shall be reduced by the department if in the preceding 11,031
calendar year the total amount expended for services to children 11,032
from local funds and funds distributed to the county under 11,033
section 5101.462 of the Revised Code was less than the total 11,034
expended from those sources in the second preceding calendar 11,035
269
year. The reduction shall be equal to the difference between the 11,036
total expended in the preceding calendar year and the total 11,037
expended in the second preceding calendar year. 11,038
The determination of whether the amount expended for 11,040
services to children was less in the preceding calendar year than 11,041
in the second preceding calendar year shall not include a 11,042
difference due to any of the following factors to the extent that 11,043
the difference does not exceed the amount attributable to that 11,044
factor: 11,045
(a) An across-the-board reduction in the county budget as 11,047
a whole; 11,048
(b) A reduced or failed levy specifically earmarked for 11,050
children services; 11,051
(c) A reduced allocation of funds to the county under 11,053
section 5101.462 of the Revised Code; 11,054
(d) The closure of, or a reduction in the operating 11,056
capacity of, a children's home owned and operated by the county. 11,057
(3) Funds withheld under this division may be reallocated 11,059
by the department to other counties. The department may grant 11,060
whole or partial waivers of the provisions of this division. 11,061
(D)(E) No funds shall be paid to any county under this 11,063
section until the director of human services has approved a plan 11,064
for services to children submitted by the county department of 11,065
human services or the county PUBLIC children services board 11,067
AGENCY for the current calendar year. The department of human 11,068
services shall adopt rules prescribing the general content of the 11,069
county children services plan and the general content of the 11,070
evaluation required by division (B)(16) of section 5153.16 of the 11,071
Revised Code. 11,072
(E)(F) Children who are in the temporary or permanent 11,074
custody of a certified public or private nonprofit agency or 11,075
institution, or who are in adoptions subsidized under division 11,076
(B) of section 5153.163 of the Revised Code are eligible for 11,077
medical assistance through the medical assistance program 11,078
270
established under section 5111.01 of the Revised Code. 11,079
(F)(G) Within ninety days after the end of each fiscal 11,081
year, each county shall return any unspent funds to the 11,082
department.
(G)(H) The department shall prepare an annual report 11,084
detailing on a county-by-county basis the services provided with 11,085
funds distributed under this section. The report shall be 11,086
submitted to the general assembly by the thirtieth day of 11,087
September each year and also shall be made available to the 11,088
public. 11,089
(H)(I) In accordance with Chapter 119. of the Revised 11,091
Code, the director shall adopt, and may amend and rescind, rules 11,092
prescribing reports on expenditures to be submitted by the 11,093
counties as necessary for the implementation of this section. 11,094
Sec. 5101.141. (A) The state department of human services 11,103
shall act as the single state agency to administer federal 11,104
payments for foster care and adoption assistance made pursuant to 11,105
Title IV-E of the "Social Security Act," 94 Stat. 501, 42 11,106
U.S.C.A. 670 (1980), as amended, and shall adopt rules pursuant 11,107
to Chapter 119. of the Revised Code to implement this authority. 11,108
Title IV-E funds distributed by the state department to a county 11,109
PUBLIC children services board or county department of human 11,111
services that has assumed the administration of child welfare 11,112
AGENCY shall be administered by the board or county department 11,114
AGENCY in accordance with those rules. 11,116
(B)(1) The county shall, on behalf of each child eligible 11,118
for foster care maintenance payments under Title IV-E of the 11,119
"Social Security Act," make payments to cover the cost of 11,120
providing all of the following: 11,121
(a) The child's food, clothing, shelter, daily 11,123
supervision, and school supplies; 11,124
(b) The child's personal incidentals; 11,126
(c) Reasonable travel to the child's home for visitation. 11,128
(2) With respect to a child who is in a child-care 11,130
271
institution, including any type of group home designed for the 11,131
care of children or any privately operated program consisting of 11,132
two or more family foster homes operated by a common 11,133
administrative unit, the foster care maintenance payments made by 11,134
the county on behalf of the child shall include the reasonable 11,135
cost of the administration and operation of the institution, 11,136
group home, or program, as necessary to provide the items 11,137
described in division (B)(1) of this section. 11,138
(C) To the extent that either foster care maintenance 11,140
payments under division (B) of this section or Title IV-E 11,141
adoption assistance payments for maintenance costs require the 11,142
expenditure of county funds, the board of county commissioners 11,143
shall report the nature and amount of each expenditure of county 11,144
funds to the state department of human services. 11,145
(D) The state department shall distribute to counties that 11,147
incur and report such expenditures federal financial 11,148
participation received for administrative and training costs 11,149
incurred in the operation of foster care maintenance and adoption 11,150
assistance programs. The department may withhold not more than 11,151
two per cent of the federal financial participation received. The 11,153
funds withheld shall be in addition to any administration and
training cost for which the department is reimbursed through its 11,154
own cost allocation plan. 11,155
(E) All federal funds received by a county pursuant to 11,157
this section shall be deposited in the county's children services 11,158
fund created pursuant to division (A) of section 5101.14 of the 11,159
Revised Code and shall be used solely for services to children 11,160
under Chapter 5153. of the Revised Code. This requirement is 11,161
satisfied if, by clear audit trail, the county can demonstrate 11,162
that those funds were properly used to reimburse the county 11,163
general fund for children services expenditures made pursuant to 11,164
Chapter 5153. of the Revised Code. 11,165
(F) The department of human services shall periodically 11,167
publish and distribute the maximum amounts that the department 11,168
272
will reimburse county PUBLIC children services boards and county 11,170
departments of human services AGENCIES for making payments on 11,171
behalf of children eligible for foster care maintenance payments. 11,173
Sec. 5101.15. Within available funds the department of 11,182
human services may reimburse counties in accordance with this 11,183
section for a portion of the salaries paid to child welfare 11,184
workers employed under section 5153.12 of the Revised Code. No 11,185
county with a population of eighty thousand or less, according to 11,186
the latest census accepted by the department as official, shall 11,187
be entitled to reimbursement on the salaries of more than two 11,188
child welfare workers, and no county with a population of more 11,189
than eighty thousand, according to such census, shall be entitled 11,190
to reimbursement on the salaries of more than two child welfare 11,191
workers plus one additional child welfare worker for each one 11,192
hundred thousand of population in excess of eighty thousand. 11,193
The maximum reimbursement to which a county may be entitled 11,195
on any child welfare worker shall be as follows: 11,196
(A) Twenty-seven hundred dollars a year for a child 11,198
welfare worker who is a graduate of an accredited high school, 11,199
college, or university; 11,200
(B) Thirty-three hundred dollars a year for a child 11,202
welfare worker who has one year or more of graduate training in 11,203
social work or a field which the department finds to be related 11,204
to social work; 11,205
(C) Thirty-nine hundred dollars a year for a child welfare 11,207
worker who has completed two years of social work training. 11,208
The salary of the executive director, designated in 11,210
accordance with section 5153.10 of the Revised Code, shall be 11,211
subject to reimbursement under this section, provided that the 11,212
executive director qualifies under division (A), (B), or (C) of 11,213
this section. No funds shall be allocated under this section 11,214
until the director of human services has approved a plan of child 11,215
welfare services for the county submitted by the county 11,216
department of human services or county PUBLIC children services 11,217
273
board AGENCY. 11,218
Sec. 5101.16. (A) As used in this section and section 11,227
5101.161 of the Revised Code: 11,228
(1) "Aid to dependent children" means the program 11,230
established by Chapter 5107. of the Revised Code, excluding 11,231
publicly funded child day-care provided to aid to dependent 11,232
children recipients under Chapter 5104. of the Revised Code and 11,233
transitional child day-care provided to former aid to dependent 11,234
children recipients under section 5104.32 of the Revised Code. 11,235
(2) "Disability assistance" means financial and medical 11,237
assistance provided under Chapter 5115. of the Revised Code. 11,238
(3)(2) "Food stamps" means the program established by the 11,240
"Food Stamp Act of 1977," 92 Stat. 856, 7 U.S.C. 2026, as amended 11,242
ADMINISTERED BY THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO 11,243
SECTION 5101.54 OF THE REVISED CODE.
(4)(3) "Medicaid" means the medical assistance program 11,245
established by Chapter 5111. of the Revised Code, excluding 11,248
transportation services provided under that chapter. 11,249
(5) "Public assistance expenditures" means expenditures 11,251
for all of the following: 11,252
(a) Aid to dependent children; 11,254
(b) County administration of aid to dependent children; 11,256
(c) Disability assistance; 11,258
(d) County administration of disability assistance; 11,260
(e) County administration of food stamps; 11,262
(f) County administration of medicaid. 11,264
(4) "OHIO WORKS FIRST" MEANS THE PROGRAM ESTABLISHED BY 11,267
CHAPTER 5107. OF THE REVISED CODE.
(B) Each BOARD OF county COMMISSIONERS shall pay the 11,269
county share of public assistance expenditures as specified in 11,271
this division. Payment of the county share shall be made as 11,272
provided FOR DISABILITY ASSISTANCE, OHIO WORKS FIRST, AND COUNTY 11,273
ADMINISTRATION OF DISABILITY ASSISTANCE, OHIO WORKS FIRST, FOOD 11,274
STAMPS, AND MEDICAID in ACCORDANCE WITH section 5101.161 of the 11,276
274
Revised Code.
(1). Except as provided in division (B)(2)(C) of this 11,279
section for calendar year 1997 and each calendar year thereafter, 11,280
a county's share of THOSE public assistance expenditures is the 11,281
sum of ALL OF the county's shares determined under divisions (C), 11,282
(D)(1), and (D)(2) of this section. 11,284
(2) A county's share of public assistance expenditures for 11,286
a calendar year shall not exceed one hundred ten per cent of the 11,288
county's share of public assistance expenditures for the
immediately preceding calendar year. If a county's share 11,289
determined under division (B)(1) of this section exceeds this 11,291
limit, the department of human services shall reduce each of the 11,292
county's shares determined under divisions (C), (D)(1), and 11,293
(D)(2) of this section so that the total of those county shares 11,296
equals one hundred ten per cent of the county's share of public 11,297
assistance expenditures for the immediately preceding calendar 11,298
year.
(C) For calendar FOLLOWING FOR STATE FISCAL year 1997 1998 11,301
and each calendar STATE FISCAL year thereafter, a county's share 11,303
of expenditures for aid to dependent children and county 11,305
administration of aid to dependent children, food stamps, and 11,306
medicaid is an amount equal to ten per cent, or other percentage 11,307
determined under division (E) of this section, of the amount of 11,309
such expenditures that is chargeable to the county for the state 11,310
fiscal year that ended in the previous calendar year less the 11,311
amount of federal reimbursement credited to the county for such 11,312
expenditures under division (F) of this section for the state 11,313
fiscal year that ended the previous calendar year. 11,314
(D)(1) For calendar year 1997 and each calendar year 11,316
thereafter, a county's share of expenditures for disability 11,317
assistance is an amount equal to: 11,319
(1) THE AMOUNT THAT IS twenty-five per cent of the amount 11,321
of such COUNTY'S TOTAL expenditures chargeable to the county for 11,324
DISABILITY ASSISTANCE AND COUNTY ADMINISTRATION OF DISABILITY 11,325
275
ASSISTANCE DURING the state fiscal year that ended ENDING in the 11,327
previous calendar year THAT THE DEPARTMENT OF HUMAN SERVICES
DETERMINES ARE ALLOWABLE. 11,328
(2) For calendar year 1997 and each calendar year 11,330
thereafter, a county's share of expenditures for county 11,332
administration of disability assistance is an THE amount equal to 11,334
twenty-five THAT IS TEN per cent, OR OTHER PERCENTAGE DETERMINED 11,335
UNDER DIVISION (D) OF THIS SECTION, of the COUNTY'S total amount 11,336
the county, EXPENDITURES FOR COUNTY ADMINISTRATION OF FOOD STAMPS 11,337
AND MEDICAID during the state fiscal year that ended ENDING in 11,338
the previous calendar year, spent for such expenditures that the 11,340
department determines are allowable administrative expenditures, 11,341
LESS THE AMOUNT OF FEDERAL REIMBURSEMENT CREDITED TO THE COUNTY 11,343
UNDER DIVISION (E) OF THIS SECTION FOR THE STATE FISCAL YEAR 11,344
ENDING IN THE PREVIOUS CALENDAR YEAR;
(3)(a) EXCEPT AS PROVIDED IN DIVISION (B)(3)(b) OF THIS 11,347
SECTION, THE ACTUAL AMOUNT, AS DETERMINED BY THE DEPARTMENT OF 11,348
HUMAN SERVICES FROM EXPENDITURE REPORTS SUBMITTED TO THE UNITED 11,349
STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, OF THE COUNTY 11,350
SHARE OF PROGRAM AND ADMINISTRATIVE EXPENDITURES DURING FEDERAL 11,351
FISCAL YEAR 1994 FOR ASSISTANCE AND SERVICES, OTHER THAN CHILD 11,352
DAY-CARE, PROVIDED UNDER TITLES IV-A AND IV-F OF THE "SOCIAL 11,354
SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C. 301, AS THOSE 11,355
TITLES EXISTED PRIOR TO THE ENACTMENT OF THE "PERSONAL 11,357
RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996," 11,358
110 STAT. 2105. 11,359
(b) FOR STATE FISCAL YEARS 1998 AND 1999, EIGHTY PER CENT 11,362
OF THE AMOUNT DETERMINED UNDER DIVISION (B)(3)(a) OF THIS 11,363
SECTION.
(C)(1) IF A COUNTY'S SHARE OF PUBLIC ASSISTANCE 11,365
EXPENDITURES DETERMINED UNDER DIVISIONS (B)(1) AND (2) OF THIS 11,367
SECTION FOR A STATE FISCAL YEAR EXCEEDS ONE HUNDRED TEN PER CENT 11,368
OF THE COUNTY'S SHARE FOR THOSE EXPENDITURES FOR THE IMMEDIATELY 11,369
PRECEDING STATE FISCAL YEAR, THE DEPARTMENT OF HUMAN SERVICES 11,370
276
SHALL REDUCE THE COUNTY'S SHARE FOR THOSE EXPENDITURES SO THAT 11,371
THE TOTAL OF THE COUNTY'S SHARE FOR THOSE EXPENDITURES EQUALS ONE 11,372
HUNDRED TEN PER CENT OF THE COUNTY'S SHARE OF THOSE EXPENDITURES 11,373
FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR.
(2) A COUNTY'S SHARE OF PUBLIC ASSISTANCE EXPENDITURES 11,375
DETERMINED UNDER DIVISION (B) OF THIS SECTION MAY BE DECREASED 11,377
PURSUANT TO AN INCENTIVE AWARD UNDER SECTION 5101.23 OR INCREASED 11,378
PURSUANT TO A SANCTION UNDER SECTION 5101.24 OF THE REVISED CODE. 11,379
(E)(D)(1) If the per capita tax duplicate of a county is 11,382
less than the per capita tax duplicate of the state as a whole 11,383
and division (E)(D)(2) of this section does not apply to the 11,384
county, the percentage to be used for the purpose of division 11,387
(C)(B)(2) of this section is the product of ten multiplied by a 11,388
fraction of which the numerator is the per capita tax duplicate 11,389
of the county and the denominator is the per capita tax duplicate 11,390
of the state as a whole. The department of human services shall 11,391
compute the per capita tax duplicate for the state and for each 11,392
county by dividing the tax duplicate for the most recent 11,393
available year by the current estimate of population prepared by 11,394
the department of development. 11,395
(2) If the percentage of families in a county with an 11,397
annual income of less than three thousand dollars is greater than 11,398
the percentage of such families in the state and division 11,400
(E)(D)(1) of this section does not apply to the county, the 11,401
percentage to be used for the purpose of division (C)(B)(2) of 11,402
this section is the product of ten multiplied by a fraction of 11,403
which the numerator is the percentage of families in the state 11,404
with an annual income of less than three thousand dollars a year 11,405
and the denominator is the percentage of such families in the 11,406
county. The department of human services shall compute the 11,407
percentage of families with an annual income of less than three 11,408
thousand dollars for the state and for each county by multiplying 11,411
the most recent estimate of such families published by the 11,412
department of development, by a fraction, the numerator of which 11,413
277
is the estimate of average annual personal income published by 11,414
the bureau of economic analysis of the United States department 11,415
of commerce for the year on which the census estimate is based 11,416
and the denominator of which is the most recent such estimate 11,417
published by the bureau.
(3) If divisions (E)(1) and (E)(2) of this section apply 11,420
to the PER CAPITA TAX DUPLICATE OF A county IS LESS THAN THE PER 11,421
CAPITA TAX DUPLICATE OF THE STATE AS A WHOLE AND THE PERCENTAGE 11,422
OF FAMILIES IN THE COUNTY WITH AN ANNUAL INCOME OF LESS THAN 11,423
THREE THOUSAND DOLLARS IS GREATER THAN THE PERCENTAGE OF SUCH
FAMILIES IN THE STATE, the percentage to be used for the purpose 11,425
of division (C)(B)(2) of this section shall be determined as 11,426
follows: 11,427
(a) Multiply ten by the fraction determined under division 11,431
(E)(D)(1) of this section;
(b) Multiply the product determined under division 11,435
(E)(D)(3)(a) of this section by the fraction determined under 11,436
division (E)(D)(2) of this section. 11,437
(4) The department of human services shall determine, for 11,439
each county, the percentage to be used for the purpose of 11,441
division (C)(B)(2) of this section not later than the first day 11,443
of July of the year preceding the calendar STATE FISCAL year for 11,444
which the percentage is used.
(F)(E) The department of human services shall credit to a 11,446
county the amount of federal reimbursement the department 11,448
receives from the United States department of health and human 11,449
services for the county's total gross expenditures for aid to 11,450
dependent children, less the amount of any canceled or voided 11,451
warrants for aid to dependent children. The department shall 11,452
credit to a county the amount of federal reimbursement the 11,453
department receives from the United States department DEPARTMENTS 11,455
of AGRICULTURE AND health and human services for the county's 11,457
expenditures for administration of aid to dependent children, 11,458
food stamps, and medicaid that the department determines are 11,459
278
allowable administrative expenditures. 11,460
(G)(F) The department of human services may SHALL adopt 11,463
INTERNAL MANAGEMENT rules in accordance with section 111.15 of 11,464
the Revised Code to implement this section. If the department 11,466
adopts such rules, the rules shall specify the ESTABLISH ALL OF 11,468
THE FOLLOWING:
(1) THE method the department is to use to reduce CHANGE a 11,471
county's shares SHARE OF PUBLIC ASSISTANCE EXPENDITURES 11,472
determined under divisions (C), (D)(1), and (D)(2) DIVISION (B) 11,475
of this section for the purpose of AS PROVIDED IN division 11,477
(B)(2)(C) of this section; 11,478
(2) THE ALLOCATION METHODOLOGY AND FORMULA THE DEPARTMENT 11,480
WILL USE TO DETERMINE THE AMOUNT OF FUNDS TO CREDIT TO A COUNTY 11,481
UNDER THIS SECTION; 11,482
(3) THE METHOD THE DEPARTMENT WILL USE TO CHANGE THE 11,484
PAYMENT OF THE COUNTY SHARE OF PUBLIC ASSISTANCE EXPENDITURES 11,485
FROM A CALENDAR-YEAR BASIS TO A STATE FISCAL YEAR BASIS; 11,486
(4) OTHER PROCEDURES AND REQUIREMENTS NECESSARY TO 11,488
IMPLEMENT THIS SECTION. 11,489
Sec. 5101.161. Prior AS USED IN THIS SECTION, "PUBLIC 11,498
ASSISTANCE EXPENDITURES" MEANS EXPENDITURES FOR DISABILITY 11,500
ASSISTANCE, OHIO WORKS FIRST, AND COUNTY ADMINISTRATION OF 11,501
DISABILITY ASSISTANCE, OHIO WORKS FIRST, FOOD STAMPS, AND 11,502
MEDICAID.
PRIOR to the sixteenth day of December MAY annually, the 11,505
department of human services shall certify to the board of county 11,506
commissioners of each county the amount estimated by the 11,507
department to be needed in the following calendar STATE FISCAL 11,508
year to meet the county share, as determined under division (B) 11,510
of section 5101.16 of the Revised Code, of public assistance 11,511
expenditures. At the beginning of the calendar STATE FISCAL 11,512
year, the board of county commissioners shall appropriate the 11,514
amount certified by the department for the current calendar STATE 11,515
FISCAL year, reduced or increased by the amount of the adjusted 11,517
279
balance or deficit in the public assistance fund at the end of 11,518
the preceding calendar STATE FISCAL year as determined by 11,520
department of human services THE DEPARTMENT'S rules. THE BOARD 11,521
SHALL TRANSFER THE APPROPRIATED FUNDS TO THE PUBLIC ASSISTANCE 11,522
FUND IN ACCORDANCE WITH A TIME SCHEDULE ESTABLISHED BY THE
DEPARTMENT'S RULES. The attorney general shall bring mandamus 11,524
proceedings IN THE FRANKLIN COUNTY COURT OF APPEALS against any 11,525
board which fails to make such an appropriation and timely 11,526
transfer to the public assistance fund as directed by department 11,527
of human services rules. 11,528
The department of human services shall divide each calendar 11,531
year into quarterly or more frequent payment periods for the 11,533
purpose of paying counties the state and federal share of public 11,535
assistance expenditures. Before the beginning of each payment 11,537
period THE DEPARTMENT ESTABLISHES BY RULE, the department shall 11,538
pay a county the estimated state and federal share of the 11,540
county's public assistance expenditures for the payment period 11,542
about to begin increased or decreased by the amount the 11,544
department underpaid or overpaid the county for the most recent 11,545
payment period for which it is known that THE DEPARTMENT KNOWS an 11,547
underpayment or overpayment was made. IF THE DEPARTMENT MAKES
PAYMENTS FOR OHIO WORKS FIRST AND MEDICAID PURSUANT TO SECTION 11,548
5107.01 OF THE REVISED CODE, IT SHALL DEDUCT FROM THE STATE AND 11,549
FEDERAL SHARE PAID TO COUNTIES THE AMOUNT NECESSARY TO MAKE THE 11,550
PAYMENTS, AND COUNTIES SHALL PAY THE COUNTY SHARE OF THOSE 11,551
PAYMENTS TO THE DEPARTMENT.
If the department establishes a maximum amount that a 11,553
county may spend for aid to dependent children or county 11,555
administration of aid to dependent children, food stamps, or 11,557
medicaid ON PUBLIC ASSISTANCE EXPENDITURES and a county spends 11,558
more for such an expenditure than is allowed, the department 11,561
shall not pay the county a state OR FEDERAL share for the amount 11,562
of the expenditure that exceeds the maximum allowable amount. 11,565
COUNTY EXPENDITURES THAT EXCEED THE MAXIMUM ALLOWABLE AMOUNT 11,566
280
SHALL NOT BE CREDITED TO A COUNTY'S SHARE OF PUBLIC ASSISTANCE
EXPENDITURES UNDER SECTION 5101.16 OF THE REVISED CODE. The 11,567
department also shall not pay a county a state OR FEDERAL share 11,570
for an administrative expenditure that is not allowed by the 11,571
department. 11,572
A county shall deposit all funds appropriated by a board of 11,574
county commissioners and received from the department of human 11,576
services under this section in a special fund in the county 11,578
treasury known as the public assistance fund. A county shall 11,580
make payments for public assistance expenditures from the public 11,581
assistance fund.
The department of human services may SHALL adopt INTERNAL 11,583
MANAGEMENT rules in accordance with section 111.15 of the Revised 11,585
Code to implement this section. If the department adopts such 11,587
rules, the rules shall do all of the following: 11,588
(A) Establish the method by which the department is to 11,591
make payments to counties under this section;
(B) Establish procedures for payment by counties of the 11,594
county share of PUBLIC ASSISTANCE expenditures for disability
assistance benefits; 11,595
(C) ESTABLISH THE METHOD BY WHICH THE DEPARTMENT WILL 11,597
DETERMINE THE AMOUNT OF THE ADJUSTED BALANCE OR DEFICIT IN A 11,598
COUNTY'S PUBLIC ASSISTANCE FUND AT THE END OF A STATE FISCAL 11,599
YEAR;
(D) ESTABLISH THE TIME SCHEDULE FOR A BOARD OF COUNTY 11,601
COMMISSIONERS TO TRANSFER FUNDS TO THE PUBLIC ASSISTANCE FUND; 11,602
(E) ESTABLISH PAYMENT PERIODS FOR PAYING A COUNTY ITS 11,604
ESTIMATED STATE AND FEDERAL SHARE OF PUBLIC ASSISTANCE 11,605
EXPENDITURES; 11,606
(F) Allow county departments of human services to use the 11,608
public assistance fund for other purposes and programs similar to 11,609
the purposes and programs specified in this section. 11,610
THE DEPARTMENT MAY ADOPT INTERNAL MANAGEMENT RULES IN 11,612
ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE TO ESTABLISH A 11,614
281
MAXIMUM AMOUNT THAT A COUNTY MAY SPEND ON PUBLIC ASSISTANCE 11,615
EXPENDITURES.
Sec. 5101.18. (A) The director of human services shall 11,624
determine what payments to any individual applying for or 11,625
receiving aid under Chapter 5107. or 5115. of the Revised Code 11,627
shall be regarded as income or resources. In making this
determination, the director shall consider: 11,628
(1) The source of the payment; 11,630
(2) The amount of the payment; 11,632
(3) The purpose for which the payment was made; 11,634
(4) Whether regarding the payment as income would be in 11,636
the public interest. 11,637
(B) The director also shall take into consideration 11,639
whether treating the payment as income would be detrimental to 11,640
any of the programs administered in whole or in part by the 11,641
department of human services and whether such determination would 11,642
jeopardize the receipt of any federal grant or payment by the 11,643
state or any receipt of aid under Chapter 5107. of the Revised 11,644
Code. The director shall establish such rules as are necessary 11,645
for carrying out this section and shall revise such rules at such 11,646
times as he finds it necessary. 11,647
Any recipient of aid ASSISTANCE UNDER THE OHIO WORKS 11,649
COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED under 11,650
Chapter 5107. of the Revised Code or RECIPIENT OF AID UNDER Title 11,652
XVI of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 11,654
301, as amended, whose money payment is discontinued as the 11,655
result of a general increase in old-age, survivors, and 11,656
disability insurance benefits under such act, shall remain a 11,657
recipient of aid for the purpose of receiving medical assistance 11,658
through the medical assistance program established under section 11,659
5111.01 of the Revised Code.
Sec. 5101.181. (A) As used in this section and section 11,668
5101.182 of the Revised Code, "public assistance" includes, in 11,669
addition to aid to dependent children OHIO WORKS FIRST, medicaid, 11,670
282
and disability assistance, general assistance provided prior to 11,672
the effective date of this amendment JULY 17, 1995, under former 11,673
Chapter 5113. of the Revised Code. 11,674
(B) As part of the procedure for the determination of 11,677
overpayment to a recipient of public assistance under Chapter 11,678
5107., 5111., or 5115. of the Revised Code, the director of human 11,679
services shall furnish quarterly the name and social security 11,680
number of each individual who receives public assistance to the 11,681
director of administrative services, the administrator of the 11,682
bureau of workers' compensation, and each of the state's 11,683
retirement boards. Within fourteen days after receiving the name 11,684
and social security number of an individual who receives public 11,685
assistance, the director of administrative services, 11,686
administrator, or board shall inform the auditor of state as to 11,687
whether such individual is receiving wages or benefits, the 11,688
amount of any wages or benefits being received, the social 11,689
security number, and the address of the individual. The director 11,690
of administrative services, administrator, boards, and any agent 11,691
or employee of those officials and boards shall comply with the 11,692
rules of the department of human services restricting the 11,693
disclosure of information regarding recipients of public
assistance. Any person who violates this provision shall 11,694
thereafter be disqualified from acting as an agent or employee or 11,695
in any other capacity under appointment or employment of any 11,696
state board, commission, or agency. 11,697
(C) The auditor of state may enter into a reciprocal 11,699
agreement with the director of human services or comparable 11,700
officer of any other state for the exchange of names, current or 11,701
most recent addresses, or social security numbers of persons 11,702
receiving public assistance under part A of Title IV IV-A or 11,704
under Title XIX of the "Social Security Act," 49 Stat. 620 11,705
(1935), 42 U.S.C. 301, as amended. 11,706
(D)(1) The auditor of state shall retain, for not less 11,708
than two years, at least one copy of all information received 11,710
283
under this section and sections 145.27, 742.41, 3307.21, 3309.22, 11,711
4123.27, 5101.182, and 5505.04 of the Revised Code. The auditor 11,712
shall review the information to determine whether overpayments 11,713
were made to recipients of public assistance under Chapters 11,714
5107., 5111., and 5115. of the Revised Code. The auditor of 11,715
state shall initiate action leading to prosecution, where 11,716
warranted, of recipients who received overpayments by forwarding 11,717
the name of each recipient who received overpayment, together 11,718
with other pertinent information, to the director of human 11,719
services and the attorney general, to the district director of 11,720
human services of the district through which public assistance 11,721
was received, and to the county director of human services and 11,722
county prosecutor of the county through which public assistance 11,723
was received.
(2) The auditor of state and the attorney general or their 11,725
designees may examine any records, whether in computer or printed 11,726
format, in the possession of the director of human services or 11,727
any county director of human services. They shall provide 11,728
safeguards which restrict access to such records to purposes 11,729
directly connected with an audit or investigation, prosecution, 11,730
or criminal or civil proceeding conducted in connection with the 11,731
administration of the programs and shall comply with the rules of 11,732
the department of human services restricting the disclosure of 11,733
information regarding recipients of public assistance. Any 11,734
person who violates this provision shall thereafter be 11,735
disqualified from acting as an agent or employee or in any other 11,736
capacity under appointment or employment of any state board, 11,737
commission, or agency. 11,738
(3) Costs incurred by the auditor of state in carrying out 11,740
his THE AUDITOR OF STATE'S duties under this division shall be 11,741
borne by the auditor of state. 11,743
Sec. 5101.183. (A) The department of human services, in 11,752
accordance with section 111.15 of the Revised Code, may adopt 11,753
rules under which county departments of human services or county 11,754
284
PUBLIC children services boards AGENCIES shall take action to 11,756
recover the cost of social services provided to any of the 11,758
following:
(1) Persons who were not eligible for social services but 11,760
who secured social services through fraud or misrepresentation; 11,761
(2) Persons who were eligible for social services but who 11,763
intentionally diverted the services to other persons who were not 11,764
eligible for the services. 11,765
(B) A county department of human services or county PUBLIC 11,767
children services board AGENCY may bring a civil action against a 11,769
recipient of social services to recover any costs described in 11,770
division (A) of this section. In seeking to recover those costs, 11,771
the department or board shall not terminate or reduce social 11,772
services to any person who is entitled to them. 11,773
(C) A county department of human services or county PUBLIC 11,775
children services board AGENCY shall retain any money it recovers 11,777
under division (A) of this section and shall use the money for 11,778
the provision of social services, except that, if federal law 11,779
requires the state department of human services to return any 11,780
portion of the money so recovered to the federal government, the 11,781
county department or county board AGENCY shall pay that portion 11,782
to the state department. 11,783
Sec. 5101.21. (A) AS USED IN SECTIONS 5101.21 TO 5101.25 11,786
OF THE REVISED CODE, "COUNTY SOCIAL SERVICE AGENCY" AND "SOCIAL 11,787
SERVICE DUTY" HAVE THE SAME MEANINGS AS IN SECTION 307.98 OF THE 11,788
REVISED CODE.
(B) THE DIRECTOR OF HUMAN SERVICES SHALL ENTER INTO A 11,791
WRITTEN AGREEMENT WITH EACH BOARD OF COUNTY COMMISSIONERS 11,792
REGARDING THE DUTIES OF THE COUNTY DEPARTMENT OF HUMAN SERVICES 11,793
THAT THE DIRECTOR AND BOARD AGREE TO INCLUDE IN THE AGREEMENT. 11,794
DUTIES ASSUMED PURSUANT TO AN AGREEMENT ENTERED INTO UNDER 11,795
SECTION 329.05 OF THE REVISED CODE SHALL BE INCLUDED IN THE
AGREEMENT ENTERED INTO UNDER THIS SECTION. THE DIRECTOR AND 11,796
BOARD MAY INCLUDE IN THE AGREEMENT DUTIES OF CHILD SUPPORT 11,797
285
ENFORCEMENT AGENCIES AND PUBLIC CHILDREN SERVICES AGENCIES THAT 11,798
THE DIRECTOR AND BOARD AGREE TO INCLUDE IN THE AGREEMENT. SOCIAL 11,800
SERVICE DUTIES THAT A COUNTY SOCIAL SERVICE AGENCY HAS UNDER THE 11,801
AGREEMENT SHALL BE VESTED IN THE BOARD. AN AGREEMENT SHALL 11,802
COMPLY WITH FEDERAL STATUTES AND REGULATIONS, THE REVISED CODE, 11,804
AND, EXCEPT AS PROVIDED IN DIVISION (B)(9) OF THIS SECTION, STATE 11,806
RULES GOVERNING THE PROGRAMS INCLUDED IN THE AGREEMENT. 11,807
AN AGREEMENT SHALL SPECIFY, AT A MINIMUM, ALL OF THE 11,809
FOLLOWING: 11,810
(1) HOW THE SOCIAL SERVICE DUTIES ARE TO BE ADMINISTERED; 11,813
(2) EXPECTED OUTCOMES OF THE SOCIAL SERVICE DUTIES AND 11,815
ADMINISTRATION OF THE DUTIES; 11,816
(3) TECHNICAL SUPPORT THE STATE DEPARTMENT OF HUMAN 11,818
SERVICES WILL PROVIDE TO ASSIST IN THE ACHIEVEMENT OF THE 11,819
EXPECTED OUTCOMES; 11,820
(4) PERFORMANCE STANDARDS FOR THE SOCIAL SERVICE DUTIES 11,822
AND CRITERIA AND METHODOLOGY THE STATE DEPARTMENT WILL USE TO 11,823
EVALUATE WHETHER THE PERFORMANCE STANDARDS ARE MET; 11,824
(5) ANNUAL FINANCIAL, ADMINISTRATIVE, OR OTHER INCENTIVE 11,826
AWARDS, IF ANY, TO BE PROVIDED IN ACCORDANCE WITH SECTION 5101.22 11,828
OF THE REVISED CODE FOR EXCEEDING PERFORMANCE STANDARDS; 11,829
(6) THAT THE STATE DEPARTMENT MAY TAKE ACTION AGAINST A 11,831
COUNTY SOCIAL SERVICE AGENCY PURSUANT TO DIVISION (A) OF SECTION 11,833
5101.24 OF THE REVISED CODE IF DIVISION (B)(1), (2), OR (3) OF 11,834
THAT SECTION APPLIES TO THE AGENCY; 11,835
(7) HOW THE SOCIAL SERVICE DUTIES ARE TO BE FUNDED AND 11,837
WHETHER THE STATE DEPARTMENT WILL PROVIDE FUNDING FOR TWO OR MORE 11,839
OF A COUNTY DEPARTMENT OF HUMAN SERVICES' DUTIES PURSUANT TO A 11,840
COMBINED FUNDING ALLOCATION UNDER DIVISION (C) OF THIS SECTION. 11,841
THE AGREEMENT SHALL EITHER SPECIFY THE AMOUNT OF PAYMENTS TO BE 11,842
MADE OR THE METHOD THAT WILL BE USED TO DETERMINE THE AMOUNT OF 11,843
PAYMENTS. 11,844
(8) AUDITS THAT MUST BE CONDUCTED IN ACCORDANCE WITH 11,846
FEDERAL STATUTES AND REGULATIONS, THE REVISED CODE, AND, UNLESS 11,849
286
WAIVED UNDER DIVISION (B)(9) OF THIS SECTION, THE STATE 11,851
DEPARTMENT'S RULES;
(9) WHICH, IF ANY, OF THE STATE DEPARTMENT'S RULES WILL BE 11,854
WAIVED SO THAT A POLICY PROVIDED FOR IN THE AGREEMENT MAY BE
IMPLEMENTED; 11,855
(10) HOW THE AGREEMENT MAY BE AMENDED OR TERMINATED; 11,858
(11) THE DATE THE AGREEMENT IS TO COMMENCE AND END. AN 11,860
AGREEMENT MAY NOT COMMENCE BEFORE IT IS ENTERED INTO NOR END 11,861
LATER THAN THE LAST DAY OF THE STATE FISCAL BIENNIUM FOR WHICH IT 11,863
IS ENTERED INTO.
(C) THE STATE DEPARTMENT SHALL MAKE PAYMENTS AUTHORIZED BY 11,866
AN AGREEMENT ENTERED INTO UNDER THIS SECTION ON VOUCHERS IT 11,867
PREPARES AND MAY INCLUDE ANY FUNDS APPROPRIATED OR ALLOCATED TO 11,868
IT FOR CARRYING OUT SOCIAL SERVICE DUTIES VESTED IN THE BOARD OF 11,869
COUNTY COMMISSIONERS UNDER THE AGREEMENT, INCLUDING FUNDS FOR 11,870
PERSONAL SERVICES AND MAINTENANCE. 11,871
TO THE EXTENT PRACTICABLE AND NOT IN CONFLICT WITH FEDERAL 11,873
STATUTES OR REGULATIONS, THE REVISED CODE, OR AN APPROPRIATION 11,876
MADE BY THE GENERAL ASSEMBLY, THE DEPARTMENT MAY ESTABLISH A 11,877
CONSOLIDATED FUNDING ALLOCATION FOR TWO OR MORE OF A COUNTY 11,878
DEPARTMENT OF HUMAN SERVICES' DUTIES INCLUDED IN THE AGREEMENT. 11,880
A COUNTY DEPARTMENT OF HUMAN SERVICES OR GOVERNMENT ENTITY, 11,881
CORPORATION, OR ASSOCIATION PERFORMING A COUNTY DEPARTMENT OF 11,882
HUMAN SERVICES DUTY PURSUANT TO SECTION 307.851 OR DIVISION (D) 11,883
OF SECTION 307.98 OF THE REVISED CODE SHALL USE FUNDS AVAILABLE 11,884
IN A CONSOLIDATED FUNDING ALLOCATION ONLY FOR THE PURPOSE FOR 11,885
WHICH THE FUNDS WERE APPROPRIATED. 11,886
(D) IF AUTHORIZED BY AN AGREEMENT ENTERED INTO UNDER THIS 11,889
SECTION, A COUNTY DEPARTMENT OF HUMAN SERVICES OR GOVERNMENT 11,890
ENTITY, CORPORATION, OR ASSOCIATION PERFORMING A COUNTY 11,891
DEPARTMENT OF HUMAN SERVICES DUTY PURSUANT TO SECTION 307.851 OR 11,892
DIVISION (D) OF SECTION 307.98 OF THE REVISED CODE THAT MEETS OR 11,893
EXCEEDS A DUTY'S PERFORMANCE STANDARDS SPECIFIED IN THE AGREEMENT 11,894
MAY RETAIN UNSPENT FUNDS THAT ARE APPROPRIATED FOR THE DUTY FOR 11,895
287
THE FIRST FISCAL YEAR OF A STATE FISCAL BIENNIUM. THE COUNTY 11,896
DEPARTMENT, GOVERNMENT ENTITY, CORPORATION, OR ASSOCIATION MAY 11,897
RETAIN AND SPEND THE FUNDS ONLY DURING THE SECOND FISCAL YEAR OF 11,898
THE SAME STATE FISCAL BIENNIUM AND ONLY FOR THE PURPOSE FOR WHICH 11,900
THE FUNDS ARE APPROPRIATED. UNSPENT FUNDS APPROPRIATED FOR A 11,901
STATE FISCAL BIENNIUM MAY NOT BE RETAINED AND SPENT IN A FUTURE 11,902
STATE FISCAL BIENNIUM.
(E) THE DIRECTOR OF HUMAN SERVICES MAY ENTER INTO 11,905
AGREEMENTS UNDER THIS SECTION WITH ONE OR MORE BOARDS OF COUNTY 11,906
COMMISSIONERS AT A TIME BUT AN AGREEMENT MUST BE ENTERED INTO 11,907
WITH EACH BOARD NOT LATER THAN JUNE 30, 2000. UNTIL AN AGREEMENT 11,909
WITH A BOARD IS ENTERED INTO AND IMPLEMENTED, A COUNTY SOCIAL 11,910
SERVICE AGENCY SERVING THE COUNTY THAT THE BOARD SERVES SHALL 11,911
PERFORM ITS SOCIAL SERVICE DUTIES IN THE MANNER THEY ARE
PERFORMED ON THE EFFECTIVE DATE OF THIS SECTION WITH THE 11,912
EXCEPTION THAT A COUNTY SOCIAL SERVICES AGENCY MAY IMPLEMENT 11,913
CHANGES AUTHORIZED BY FEDERAL STATUTES OR REGULATIONS, THE 11,915
REVISED CODE, OR STATE DEPARTMENT RULES. 11,917
(F) THE STATE DEPARTMENT SHALL ESTABLISH ADMINISTRATIVE 11,920
REVIEW PROCEDURES AND MAY ESTABLISH DISPUTE RESOLUTION PROCEDURES 11,921
FOR AGREEMENTS ENTERED UNDER THIS SECTION. THE DEPARTMENT IS NOT 11,922
SUBJECT TO CHAPTER 119. OF THE REVISED CODE WHEN MAKING DECISIONS 11,923
OR ORDERS PURSUANT TO AN ADMINISTRATIVE REVIEW OR DISPUTE 11,924
RESOLUTION. THE DEPARTMENT'S DECISION OR ORDER IN AN 11,925
ADMINISTRATIVE REVIEW OR DISPUTE RESOLUTION IS FINAL AND 11,926
ENFORCEABLE AND NOT SUBJECT TO JUDICIAL REVIEW. 11,927
Sec. 5101.211. THE DIRECTOR OF HUMAN SERVICES MAY ENTER 11,929
INTO A WRITTEN AGREEMENT WITH ONE OR MORE STATE AGENCIES, AS 11,930
DEFINED IN SECTION 117.01 OF THE REVISED CODE, TO ASSIST IN THE 11,931
COORDINATION, PROVISION, OR ENHANCEMENT OF THE SOCIAL SERVICE 11,932
DUTIES OF A COUNTY DEPARTMENT OF HUMAN SERVICES, CHILD SUPPORT 11,933
ENFORCEMENT AGENCY, OR PUBLIC CHILDREN SERVICES AGENCY. THE 11,934
TERMS OF AN AGREEMENT ENTERED UNDER THIS SECTION MAY BE 11,935
INCORPORATED INTO AN AGREEMENT ENTERED INTO UNDER SECTION 5101.21 11,937
288
OF THE REVISED CODE.
Sec. 5101.22. THE DEPARTMENT OF HUMAN SERVICES MAY 11,939
ESTABLISH PERFORMANCE STANDARDS FOR THE ADMINISTRATION OF SOCIAL 11,940
SERVICE DUTIES AND DETERMINE AT INTERVALS THE DEPARTMENT DECIDES 11,942
THE DEGREE TO WHICH A COUNTY SOCIAL SERVICE AGENCY COMPLIES WITH 11,943
A PERFORMANCE STANDARD. THE DEPARTMENT MAY USE STATISTICAL 11,944
SAMPLING, PERFORMANCE AUDITS, CASE REVIEWS, OR OTHER METHODS IT 11,945
DETERMINES NECESSARY AND APPROPRIATE TO DETERMINE COMPLIANCE WITH 11,946
PERFORMANCE STANDARDS.
Sec. 5101.23. SUBJECT TO THE AVAILABILITY OF FUNDS, THE 11,948
DEPARTMENT OF HUMAN SERVICES MAY PROVIDE ANNUAL FINANCIAL, 11,949
ADMINISTRATIVE, OR OTHER INCENTIVE AWARDS TO COUNTY SOCIAL 11,950
SERVICE AGENCIES THAT EXCEED PERFORMANCE STANDARDS SPECIFIED IN 11,951
AN AGREEMENT ENTERED INTO UNDER SECTION 5101.21 OR ESTABLISHED 11,952
UNDER SECTION 5101.22 OF THE REVISED CODE. THE AMOUNT OF A 11,953
FINANCIAL INCENTIVE AWARD SHALL BE BASED ON THE DEGREE TO WHICH A 11,955
COUNTY SOCIAL SERVICE AGENCY EXCEEDS A PERFORMANCE STANDARD AND 11,956
THE AMOUNT OF MONEY AVAILABLE IN THE SOCIAL SERVICES INCENTIVE 11,957
FUND ESTABLISHED UNDER THIS SECTION. A COUNTY SOCIAL SERVICE 11,958
AGENCY MAY SPEND FUNDS PROVIDED AS A FINANCIAL INCENTIVE AWARD 11,959
ONLY FOR THE PURPOSE FOR WHICH THE FUNDS ARE APPROPRIATED.
THERE IS HEREBY CREATED IN THE STATE TREASURY THE SOCIAL 11,962
SERVICES INCENTIVE FUND. THE DIRECTOR OF HUMAN SERVICES MAY 11,963
REQUEST THAT THE DIRECTOR OF BUDGET AND MANAGEMENT TRANSFER FUNDS 11,965
APPROPRIATED FOR SOCIAL SERVICE DUTIES INTO THE FUND. IF THE 11,966
DIRECTOR OF BUDGET AND MANAGEMENT DETERMINES THAT THE FUNDS
IDENTIFIED BY THE DIRECTOR OF HUMAN SERVICES ARE AVAILABLE AND 11,967
APPROPRIATE FOR TRANSFER, THE DIRECTOR OF BUDGET AND MANAGEMENT 11,968
SHALL MAKE THE TRANSFER. MONEY IN THE FUND SHALL BE USED TO 11,969
PROVIDE INCENTIVE AWARDS UNDER THIS SECTION. 11,970
Sec. 5101.24. (A) THE DEPARTMENT OF HUMAN SERVICES MAY 11,973
TAKE ONE OR MORE OF THE FOLLOWING ACTIONS AGAINST A COUNTY SOCIAL 11,974
SERVICE AGENCY IF DIVISION (B)(1), (2), OR (3) OF THIS SECTION 11,976
APPLIES TO THE AGENCY:
289
(1) REQUIRE THE AGENCY TO SUBMIT TO AND COMPLY WITH A 11,978
CORRECTIVE ACTION PLAN PURSUANT TO A TIME SCHEDULE SPECIFIED BY 11,979
THE DEPARTMENT; 11,980
(2) IMPOSE A FINANCIAL OR ADMINISTRATIVE SANCTION AGAINST 11,982
THE AGENCY, WHICH MAY INCLUDE REQUIRING THE AGENCY TO SHARE WITH 11,983
THE DEPARTMENT A FINAL DISALLOWANCE OF FEDERAL FINANCIAL 11,984
PARTICIPATION OR OTHER SANCTION OR PENALTY. A SANCTION SHALL BE 11,985
INCREASED IF THE DEPARTMENT HAS PREVIOUSLY TAKEN ACTION AGAINST 11,986
THE AGENCY UNDER THIS DIVISION. 11,987
(3) PERFORM A SOCIAL SERVICE DUTY FOR THE AGENCY UNTIL THE 11,990
DEPARTMENT IS SATISFIED THAT THE AGENCY WILL PERFORM THE DUTY 11,991
SATISFACTORILY. IF THE DEPARTMENT ADMINISTERS A SOCIAL SERVICE 11,992
DUTY UNDER DIVISION (A)(3) OF THIS SECTION, THE DEPARTMENT MAY 11,994
SPEND FUNDS IN THE COUNTY TREASURY APPROPRIATED FOR THE DUTY. 11,995
(4) REQUEST THAT THE ATTORNEY GENERAL BRING MANDAMUS 11,997
PROCEEDINGS TO COMPEL THE AGENCY TO TAKE OR CEASE THE ACTION THAT 11,999
CAUSES DIVISION (B)(1), (2), OR (3) OF THIS SECTION TO APPLY TO 12,000
THE AGENCY. THE ATTORNEY GENERAL SHALL BRING MANDAMUS 12,001
PROCEEDINGS IN THE FRANKLIN COUNTY COURT OF APPEALS AT THE 12,003
DEPARTMENT'S REQUEST.
(B) THE DEPARTMENT MAY TAKE ACTION AGAINST A COUNTY SOCIAL 12,006
SERVICE AGENCY UNDER DIVISION (A) OF THIS SECTION IF ANY OF THE 12,008
FOLLOWING APPLY TO THE AGENCY AS REGARDS A SOCIAL SERVICE DUTY: 12,009
(1) THE AGENCY FAILS TO MEET A PERFORMANCE STANDARD 12,011
SPECIFIED IN AN AGREEMENT ENTERED INTO UNDER SECTION 5101.21 OR 12,012
ESTABLISHED UNDER SECTION 5101.22 OF THE REVISED CODE; 12,013
(2) THE AGENCY FAILS TO COMPLY WITH A REQUIREMENT 12,015
ESTABLISHED BY FEDERAL STATUTE OR REGULATIONS, THE REVISED CODE, 12,018
OR A DEPARTMENT RULE; 12,019
(3) THE AGENCY IS SOLELY OR PARTIALLY RESPONSIBLE FOR, OR 12,021
CONTRIBUTES TO, AN ADVERSE AUDIT OR QUALITY CONTROL FINDING, 12,022
FINAL DISALLOWANCE OF FEDERAL FINANCIAL PARTICIPATION, OR OTHER 12,023
SANCTION OR PENALTY. 12,024
(C) IF THE DEPARTMENT DECIDES TO TAKE ACTION AGAINST A 12,027
290
COUNTY SOCIAL SERVICE AGENCY UNDER DIVISION (A) OF THIS SECTION, 12,029
THE DEPARTMENT SHALL NOTIFY THE AGENCY, BOARD OF COUNTY
COMMISSIONERS, AND COUNTY AUDITOR IN WRITING. A CASE REVIEWER 12,030
EMPLOYED OR UNDER CONTRACT WITH THE DEPARTMENT SHALL CONDUCT AN 12,031
ADMINISTRATIVE REVIEW BEFORE THE DEPARTMENT TAKES ACTION IF THE 12,032
COUNTY SOCIAL SERVICE AGENCY, NOT LATER THAN FORTY-FIVE DAYS 12,033
AFTER RECEIVING THE NOTICE, REQUESTS THE REVIEW. IF THE 12,034
DEPARTMENT AND AGENCY AGREE, A DISPUTE RESOLUTION PROCEDURE MAY 12,035
SERVE AS THE REVIEW. THE CASE REVIEWER SHALL CONDUCT THE REVIEW 12,036
IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 5101.25 OF THE 12,037
REVISED CODE. IF THE AGENCY DISPUTES THE CASE REVIEWER'S 12,038
FINDINGS, IT MAY PROVIDE ITS OBJECTIONS TO THE CASE REVIEWER NOT 12,039
LATER THAN THIRTY DAYS AFTER THE CASE REVIEWER ISSUES THE 12,040
FINDINGS. THE CASE REVIEWER SHALL SUBMIT THE FINDINGS, THE 12,041
AGENCY'S OBJECTIONS, AND THE CASE REVIEWER'S RESPONSE TO THE 12,042
OBJECTIONS TO THE DIRECTOR OF HUMAN SERVICES IN THE FORM OF A 12,043
FINAL CASE REVIEW REPORT. THE DIRECTOR, OR A DESIGNEE, SHALL 12,044
EXAMINE THE FINAL CASE REVIEW REPORT AND DETERMINE WHETHER THE 12,045
DEPARTMENT SHOULD TAKE ACTION AGAINST THE AGENCY. THE DIRECTOR'S 12,046
OR DESIGNEE'S DETERMINATION IS FINAL AND NOT SUBJECT TO JUDICIAL 12,047
REVIEW. IF A FINANCIAL SANCTION IS IMPOSED, THE AGENCY SHALL 12,048
PROMPTLY PAY IT.
(D) THE DETERMINATION OF WHETHER TO TAKE ACTION AGAINST A 12,051
COUNTY SOCIAL SERVICE AGENCY, AN ADMINISTRATIVE REVIEW, AND A 12,052
DETERMINATION MADE BY THE DIRECTOR OF HUMAN SERVICES OR A 12,053
DESIGNEE UNDER THIS SECTION ARE NOT SUBJECT TO CHAPTER 119. OF 12,054
THE REVISED CODE.
Sec. 5101.25. THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT 12,057
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO 12,058
IMPLEMENT SECTIONS 5101.21 TO 5101.24 OF THE REVISED CODE, 12,059
INCLUDING THE FOLLOWING: 12,060
(A) RULES ESTABLISHING REQUIREMENTS, TERMS, AND CONDITIONS 12,063
OF AGREEMENTS ENTERED INTO UNDER SECTION 5101.21 OF THE REVISED 12,064
CODE. THE RULES MAY NOT PROVIDE FOR AGREEMENTS TO VIOLATE 12,065
291
FEDERAL STATUTES OR REGULATIONS OR THE REVISED CODE. 12,067
(B) RULES GOVERNING ADMINISTRATIVE REVIEWS CONDUCTED UNDER 12,070
SECTION 5101.24 OF THE REVISED CODE.
Sec. 5101.26. AS USED IN SECTIONS 5101.26 TO 5101.30 OF 12,072
THE REVISED CODE:
(A) "COUNTY AGENCY" MEANS A COUNTY DEPARTMENT OF HUMAN 12,075
SERVICES OR A PUBLIC CHILDREN SERVICES AGENCY. 12,076
(B) "FUGITIVE FELON" MEANS AN INDIVIDUAL WHO IS FLEEING TO 12,079
AVOID PROSECUTION, OR CUSTODY OR CONFINEMENT AFTER CONVICTION, 12,080
UNDER THE LAWS OF THE PLACE FROM WHICH THE INDIVIDUAL IS FLEEING, 12,081
FOR A CRIME OR AN ATTEMPT TO COMMIT A CRIME THAT IS A FELONY 12,082
UNDER THE LAWS OF THE PLACE FROM WHICH THE INDIVIDUAL IS FLEEING 12,083
OR, IN THE CASE OF NEW JERSEY, A HIGH MISDEMEANOR, REGARDLESS OF 12,086
WHETHER THE INDIVIDUAL HAS DEPARTED FROM THE INDIVIDUAL'S USUAL 12,087
PLACE OF RESIDENCE.
(C) "INFORMATION" MEANS RECORDS AS DEFINED IN SECTION 12,090
149.011 OF THE REVISED CODE, ANY OTHER DOCUMENTS IN ANY FORMAT, 12,091
AND DATA DERIVED FROM RECORDS AND DOCUMENTS THAT ARE GENERATED, 12,092
ACQUIRED, OR MAINTAINED BY THE STATE DEPARTMENT OF HUMAN 12,093
SERVICES, A COUNTY AGENCY, OR AN ENTITY PERFORMING DUTIES ON 12,094
BEHALF OF THE STATE DEPARTMENT OR A COUNTY AGENCY.
(D) "LAW ENFORCEMENT AGENCY" MEANS THE STATE HIGHWAY 12,097
PATROL, AN AGENCY THAT EMPLOYS PEACE OFFICERS AS DEFINED IN 12,098
SECTION 109.71 OF THE REVISED CODE, THE ATTORNEY GENERAL, SIMILAR 12,099
AGENCIES OF OTHER STATES, FEDERAL LAW ENFORCEMENT AGENCIES, AND 12,100
POSTAL INSPECTORS. "LAW ENFORCEMENT AGENCY" INCLUDES THE PEACE 12,101
OFFICERS AND OTHER LAW ENFORCEMENT OFFICERS EMPLOYED BY THE 12,102
AGENCY.
(E) "PUBLIC ASSISTANCE" MEANS FINANCIAL ASSISTANCE, 12,105
MEDICAL ASSISTANCE, OR SOCIAL SERVICES PROVIDED UNDER A PROGRAM 12,106
ADMINISTERED BY THE STATE DEPARTMENT OR A COUNTY AGENCY PURSUANT 12,107
TO CHAPTER 329., 5101., 5104., 5107., 5111., OR 5115. OF THE 12,109
REVISED CODE. "PUBLIC ASSISTANCE" DOES NOT INCLUDE CHILD SUPPORT 12,110
ENFORCEMENT SERVICES OR CHILD PROTECTIVE SERVICES. 12,111
292
(F) "PUBLIC ASSISTANCE RECIPIENT" MEANS AN APPLICANT FOR 12,114
OR RECIPIENT OR FORMER RECIPIENT OF PUBLIC ASSISTANCE. 12,115
Sec. 5101.27. (A) EXCEPT AS PERMITTED BY THIS SECTION, 12,118
SECTION 5101.28 OR 5101.29 OF THE REVISED CODE, OR THE RULES 12,119
ADOPTED UNDER DIVISION (A) OF SECTION 5101.30 OF THE REVISED 12,121
CODE, OR REQUIRED BY FEDERAL LAW, NO PERSON OR GOVERNMENT ENTITY 12,122
SHALL SOLICIT, DISCLOSE, RECEIVE, USE, OR KNOWINGLY PERMIT, OR 12,123
PARTICIPATE IN THE USE OF ANY INFORMATION REGARDING A PUBLIC 12,124
ASSISTANCE RECIPIENT FOR ANY PURPOSE NOT DIRECTLY CONNECTED WITH 12,125
THE ADMINISTRATION OF A PUBLIC ASSISTANCE PROGRAM. 12,126
(B)(1) TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE 12,129
DEPARTMENT OF HUMAN SERVICES AND COUNTY AGENCIES SHALL RELEASE 12,130
INFORMATION REGARDING A PUBLIC ASSISTANCE RECIPIENT FOR PURPOSES 12,131
DIRECTLY CONNECTED TO THE ADMINISTRATION OF THE PROGRAM TO A 12,132
GOVERNMENT ENTITY RESPONSIBLE FOR ADMINISTERING A PUBLIC 12,133
ASSISTANCE PROGRAM OR ANY OTHER STATE, FEDERAL, OR FEDERALLY 12,134
ASSISTED PROGRAM THAT PROVIDES CASH OR IN-KIND ASSISTANCE OR 12,135
SERVICES DIRECTLY TO INDIVIDUALS BASED ON NEED OR FOR THE PURPOSE 12,136
OF PROTECTING CHILDREN TO A GOVERNMENT ENTITY RESPONSIBLE FOR 12,137
ADMINISTERING A CHILDREN'S PROTECTIVE SERVICES PROGRAM. 12,138
(2) TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE 12,140
DEPARTMENT AND COUNTY AGENCIES SHALL PROVIDE INFORMATION 12,141
REGARDING A PUBLIC ASSISTANCE RECIPIENT TO A LAW ENFORCEMENT 12,142
AGENCY FOR THE PURPOSE OF ANY INVESTIGATION, PROSECUTION, OR 12,143
CRIMINAL OR CIVIL PROCEEDING RELATING TO THE ADMINISTRATION OF A 12,144
PUBLIC ASSISTANCE PROGRAM. 12,145
(C) TO THE EXTENT PERMITTED BY FEDERAL LAW AND SECTION 12,148
1347.08 OF THE REVISED CODE, THE STATE DEPARTMENT AND COUNTY 12,149
AGENCIES SHALL PROVIDE ACCESS TO INFORMATION REGARDING A PUBLIC 12,150
ASSISTANCE RECIPIENT TO ALL OF THE FOLLOWING: 12,151
(1) THE RECIPIENT; 12,153
(2) THE AUTHORIZED REPRESENTATIVE, AS DEFINED IN RULES 12,155
ADOPTED UNDER SECTION 5101.30 OF THE REVISED CODE, OF THE 12,156
RECIPIENT;
293
(3) THE PARENT OR GUARDIAN OF THE RECIPIENT; 12,158
(4) THE ATTORNEY OF THE RECIPIENT, IF THE ATTORNEY HAS 12,160
WRITTEN AUTHORIZATION FROM THE RECIPIENT. 12,161
(D) TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE 12,164
DEPARTMENT AND COUNTY AGENCIES MAY RELEASE INFORMATION ABOUT A 12,165
PUBLIC ASSISTANCE RECIPIENT IF THE RECIPIENT GIVES VOLUNTARY, 12,166
WRITTEN CONSENT THAT SPECIFICALLY IDENTIFIES THE PERSONS OR 12,167
GOVERNMENT ENTITIES TO WHICH THE INFORMATION MAY BE RELEASED. 12,168
THE STATE DEPARTMENT OR COUNTY AGENCY SHALL RELEASE THE 12,170
INFORMATION ONLY TO THE PERSONS OR GOVERNMENT ENTITIES SPECIFIED 12,171
IN THE DOCUMENT EVIDENCING CONSENT. CONSENT MAY BE TIME-LIMITED 12,172
OR ONGOING, AT THE DISCRETION OF THE INDIVIDUAL GIVING IT, AND 12,173
MAY BE RESCINDED AT ANY TIME; HOWEVER, AN INDIVIDUAL CANNOT 12,174
RESCIND CONSENT RETROACTIVELY. THE DOCUMENT EVIDENCING CONSENT 12,175
MUST STATE THAT CONSENT MAY BE RESCINDED. 12,176
THE STATE DEPARTMENT OR A COUNTY AGENCY MAY RELEASE 12,178
INFORMATION UNDER THIS DIVISION CONCERNING A RECEIPT OF MEDICAL 12,179
ASSISTANCE UNDER CHAPTER 5111. OF THE REVISED CODE ONLY IF BOTH 12,181
OF THE FOLLOWING ARE THE CASE: 12,182
(1) THE RELEASE OF INFORMATION IS FOR PURPOSES DIRECTLY 12,184
CONNECTED TO THE ADMINISTRATION OF PROGRAMS CREATED UNDER CHAPTER 12,186
5111. OF THE REVISED CODE OR SERVICES PROVIDED UNDER PROGRAMS 12,187
CREATED UNDER THAT CHAPTER;
(2) THE INFORMATION IS RELEASED TO PERSONS OR GOVERNMENT 12,189
ENTITIES THAT ARE SUBJECT TO STANDARDS OF CONFIDENTIALITY AND 12,190
SAFEGUARDING INFORMATION SUBSTANTIALLY COMPARABLE TO THOSE 12,191
ESTABLISHED FOR PROGRAMS CREATED UNDER CHAPTER 5111. OF THE 12,193
REVISED CODE.
Sec. 5101.28. (A) THE STATE DEPARTMENT OF HUMAN SERVICES 12,196
MAY ENTER INTO AGREEMENTS WITH LAW ENFORCEMENT AGENCIES TO OBTAIN 12,197
INFORMATION REGARDING PUBLIC ASSISTANCE RECIPIENTS TO ENABLE THE 12,198
STATE DEPARTMENT, COUNTY AGENCIES, AND LAW ENFORCEMENT AGENCIES 12,199
TO DETERMINE WHETHER A RECIPIENT IS A FUGITIVE FELON OR VIOLATING 12,200
A CONDITION OF PROBATION, A COMMUNITY CONTROL SANCTION, PAROLE, 12,201
294
OR A POST-RELEASE CONTROL SANCTION IMPOSED UNDER STATE OR FEDERAL 12,202
LAW. 12,203
(B) THE STATE DEPARTMENT OR A COUNTY AGENCY SHALL PROVIDE 12,206
THE CURRENT ADDRESS OF A RECIPIENT OF ASSISTANCE UNDER A PROGRAM 12,207
ADMINISTERED PURSUANT TO CHAPTER 5107. OR 5115. OF THE REVISED 12,208
CODE TO A LAW ENFORCEMENT AGENCY ON REQUEST FOR ANY OF THE 12,209
FOLLOWING PURPOSES:
(1) TO ASSIST THE LAW ENFORCEMENT AGENCY IN LOCATING A 12,211
FUGITIVE FELON; 12,212
(2) TO ASSIST THE LAW ENFORCEMENT AGENCY IN LOCATING AN 12,214
INDIVIDUAL WHO IS VIOLATING A CONDITION OF PROBATION, A COMMUNITY 12,216
CONTROL SANCTION, PAROLE, OR A POST-RELEASE CONTROL SANCTION 12,217
IMPOSED UNDER STATE OR FEDERAL LAW;
(3) INVESTIGATIONS, PROSECUTIONS, AND CRIMINAL AND CIVIL 12,219
PROCEEDINGS THAT ARE WITHIN THE SCOPE OF THE LAW ENFORCEMENT 12,220
AGENCY'S OFFICIAL DUTIES. 12,221
(C) TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE 12,224
DEPARTMENT AND COUNTY AGENCIES SHALL PROVIDE THE CURRENT ADDRESS, 12,225
SOCIAL SECURITY NUMBER, AND PHOTOGRAPH, IF AVAILABLE, OF A 12,226
RECIPIENT OF ASSISTANCE ADMINISTERED PURSUANT TO SECTION 5101.54 12,227
OF THE REVISED CODE TO A LAW ENFORCEMENT AGENCY ON REQUEST TO 12,228
ASSIST A LAW ENFORCEMENT AGENCY IN LOCATING A FUGITIVE FELON OR 12,229
AN INDIVIDUAL WHO IS VIOLATING A CONDITION OF PROBATION, A 12,230
COMMUNITY CONTROL SANCTION, PAROLE, OR A POST-RELEASE CONTROL 12,231
SANCTION IMPOSED UNDER STATE OR FEDERAL LAW. 12,232
(D) THE STATE DEPARTMENT AND ITS OFFICERS AND EMPLOYEES 12,235
ARE NOT LIABLE IN DAMAGES IN A CIVIL ACTION FOR ANY INJURY, 12,236
DEATH, OR LOSS TO PERSON OR PROPERTY THAT ALLEGEDLY ARISES FROM 12,237
THE RELEASE OF INFORMATION REQUIRED BY DIVISION (B) OR (C) OF 12,239
THIS SECTION. THIS SECTION DOES NOT AFFECT ANY IMMUNITY OR 12,240
DEFENSE THAT THE STATE DEPARTMENT AND ITS OFFICERS AND EMPLOYEES 12,241
MAY BE ENTITLED TO UNDER ANOTHER SECTION OF THE REVISED CODE OR 12,242
THE COMMON LAW OF THIS STATE, INCLUDING SECTION 9.86 OF THE 12,243
REVISED CODE.
295
THE COUNTY AGENCIES AND THEIR EMPLOYEES ARE NOT LIABLE IN 12,245
DAMAGES IN A CIVIL ACTION FOR ANY INJURY, DEATH, OR LOSS TO 12,246
PERSON OR PROPERTY THAT ALLEGEDLY ARISES FROM THE RELEASE OF 12,247
INFORMATION REQUIRED BY DIVISION (B) OR (C) OF THIS SECTION. 12,250
"EMPLOYEE" HAS THE SAME MEANING AS IN DIVISION (E) OF SECTION 12,252
2744.01 OF THE REVISED CODE. THIS SECTION DOES NOT AFFECT ANY 12,253
IMMUNITY OR DEFENSE THAT COUNTY AGENCIES AND THEIR EMPLOYEES MAY 12,254
BE ENTITLED TO UNDER ANOTHER SECTION OF THE REVISED CODE OR THE
COMMON LAW OF THIS STATE, INCLUDING SECTION 2744.02 AND DIVISION 12,255
(A)(6) OF SECTION 2744.03 OF THE REVISED CODE. 12,256
(E) TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE 12,259
DEPARTMENT AND COUNTY AGENCIES SHALL PROVIDE ACCESS TO 12,260
INFORMATION TO THE AUDITOR OF STATE ACTING PURSUANT TO CHAPTER 12,262
117. OR SECTIONS 5101.181 AND 5101.182 OF THE REVISED CODE AND TO 12,263
ANY OTHER GOVERNMENT ENTITY AUTHORIZED BY STATE OR FEDERAL LAW TO 12,264
CONDUCT AN AUDIT OF OR SIMILAR ACTIVITY INVOLVING A PUBLIC 12,265
ASSISTANCE PROGRAM. 12,266
(F) TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE 12,269
DEPARTMENT OF HUMAN SERVICES, COUNTY DEPARTMENTS OF HUMAN 12,270
SERVICES, AND EMPLOYEES OF THE DEPARTMENTS MAY REPORT TO A PUBLIC 12,271
CHILDREN SERVICES AGENCY OR OTHER APPROPRIATE AGENCY INFORMATION 12,272
ON KNOWN OR SUSPECTED PHYSICAL OR MENTAL INJURY, SEXUAL ABUSE OR 12,273
EXPLOITATION, OR NEGLIGENT TREATMENT OR MALTREATMENT, OF A CHILD 12,274
RECEIVING PUBLIC ASSISTANCE, IF CIRCUMSTANCES INDICATE THAT THE 12,275
CHILD'S HEALTH OR WELFARE IS THREATENED. 12,276
Sec. 5101.29. WHEN CONTAINED IN A RECORD HELD BY THE STATE 12,279
DEPARTMENT OF HUMAN SERVICES OR A COUNTY AGENCY, THE FOLLOWING 12,280
ARE NOT PUBLIC RECORDS FOR PURPOSES OF SECTION 149.43 OF THE 12,281
REVISED CODE:
(A) NAMES AND OTHER IDENTIFYING INFORMATION REGARDING 12,284
CHILDREN ENROLLED IN OR ATTENDING A CHILD DAY-CARE CENTER OR HOME 12,285
LICENSED, CERTIFIED, OR REGISTERED UNDER CHAPTER 5104. OF THE 12,287
REVISED CODE;
(B) NAMES AND OTHER IDENTIFYING INFORMATION REGARDING A 12,290
296
PERSON WHO MAKES AN ORAL OR WRITTEN COMPLAINT REGARDING A 12,291
LICENSED, CERTIFIED, OR REGISTERED CHILD DAY-CARE CENTER OR HOME 12,292
TO THE STATE DEPARTMENT OR OTHER STATE OR COUNTY ENTITY 12,293
RESPONSIBLE FOR ENFORCING CHAPTER 5104. OF THE REVISED CODE. 12,294
Sec. 5101.30. (A) THE STATE DEPARTMENT OF HUMAN SERVICES 12,297
SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 12,298
CODE IMPLEMENTING SECTIONS 5101.26 TO 5101.30 OF THE REVISED CODE 12,299
AND GOVERNING THE CUSTODY, USE, AND PRESERVATION OF THE 12,300
INFORMATION GENERATED OR RECEIVED BY THE STATE DEPARTMENT, COUNTY 12,301
AGENCIES, OTHER STATE AND COUNTY ENTITIES, CONTRACTORS, GRANTEES, 12,302
PRIVATE ENTITIES, OR OFFICIALS PARTICIPATING IN THE 12,303
ADMINISTRATION OF PUBLIC ASSISTANCE PROGRAMS. THE RULES SHALL 12,304
SPECIFY CONDITIONS AND PROCEDURES FOR THE RELEASE OF INFORMATION. 12,305
THE RULES SHALL COMPLY WITH APPLICABLE FEDERAL STATUTES AND 12,306
REGULATIONS. TO THE EXTENT PERMITTED BY FEDERAL LAW: 12,307
(1) THE RULES MAY PERMIT PROVIDERS OF SERVICES OR 12,309
ASSISTANCE UNDER PUBLIC ASSISTANCE PROGRAMS LIMITED ACCESS TO 12,310
INFORMATION THAT IS ESSENTIAL FOR THE PROVIDERS TO RENDER 12,311
SERVICES OR ASSISTANCE OR TO BILL FOR SERVICES OR ASSISTANCE 12,312
RENDERED. THE DEPARTMENT OF AGING, WHEN INVESTIGATING A 12,313
COMPLAINT UNDER SECTION 173.20 OF THE REVISED CODE, SHALL BE 12,314
GRANTED ANY LIMITED ACCESS PERMITTED IN THE RULES PURSUANT TO 12,315
DIVISION (A)(1) OF THIS SECTION. 12,316
(2) THE RULES MAY PERMIT A CONTRACTOR, GRANTEE, OR OTHER 12,318
STATE OR COUNTY ENTITY LIMITED ACCESS TO INFORMATION THAT IS 12,319
ESSENTIAL FOR THE CONTRACTOR, GRANTEE, OR ENTITY TO PERFORM 12,320
ADMINISTRATIVE OR OTHER DUTIES ON BEHALF OF THE STATE DEPARTMENT 12,321
OR COUNTY AGENCY. A CONTRACTOR, GRANTEE, OR ENTITY GIVEN ACCESS 12,322
TO INFORMATION PURSUANT TO DIVISION (A)(2) OF THIS SECTION IS 12,324
BOUND BY THE STATE DEPARTMENT'S RULES, AND DISCLOSURE OF THE 12,325
INFORMATION BY THE CONTRACTOR, GRANTEE, OR ENTITY IN A MANNER NOT 12,327
AUTHORIZED BY THE RULES IS A VIOLATION OF SECTION 5101.27 OF THE
REVISED CODE.
(B) WHENEVER NAMES, ADDRESSES, OR OTHER INFORMATION 12,330
297
RELATING TO PUBLIC ASSISTANCE RECIPIENTS IS HELD BY ANY AGENCY 12,331
OTHER THAN THE STATE DEPARTMENT OR A COUNTY AGENCY, THAT OTHER 12,332
AGENCY SHALL ADOPT RULES CONSISTENT WITH SECTIONS 5101.26 TO 12,333
5101.30 OF THE REVISED CODE TO PREVENT THE PUBLICATION OR 12,334
DISCLOSURE OF NAMES, LISTS, OR OTHER INFORMATION CONCERNING THOSE 12,335
RECIPIENTS.
Sec. 5101.31. (A) As used in this section: 12,344
(1) "Child support enforcement agency" means an agency 12,346
designated as a child support enforcement agency under section 12,347
2301.25 of the Revised Code. 12,348
(2) "Law enforcement entity" means a public entity that 12,350
employs a law enforcement officer. 12,351
(B) The division of child support is hereby created in the 12,354
department of human services. The division shall establish and 12,355
administer a program of child support enforcement, which program 12,356
shall meet the requirements of Title IV-D of the "Social Security 12,357
Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, and any 12,358
rules promulgated under Title IV-D. The program of child support 12,359
enforcement shall include, but not be limited to, the location of 12,360
absent parents, the establishment of parentage, the establishment 12,361
and modification of child support orders and medical support 12,362
orders, the enforcement of support orders, and the collection of 12,363
support obligations.
The department shall charge an application fee of up to 12,365
twenty-five dollars, as determined by rule adopted by the 12,366
department pursuant to Chapter 119. of the Revised Code, for 12,367
furnishing services under Title IV-D of the "Social Security 12,368
Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, to persons 12,369
not receiving aid to dependent children OHIO WORKS FIRST UNDER 12,371
CHAPTER 5107. OF THE REVISED CODE. The department shall adopt 12,372
rules pursuant to Chapter 119. of the Revised Code authorizing 12,373
counties, at their option, to waive the payment of the fee. The 12,374
application fee, unless waived pursuant to rules adopted by the 12,375
department pursuant to this section, shall be paid by those 12,376
298
persons.
(C) The division of child support shall establish, by rule 12,378
adopted pursuant to Chapter 119. of the Revised Code, a program 12,379
of spousal support enforcement in conjunction with child support 12,380
enforcement. The program shall conform, to the extent 12,381
practicable, to the program for child support enforcement 12,382
established pursuant to division (B) of this section. 12,383
(D) The department of human services shall enter into an 12,385
agreement with the secretary of health and human services, as 12,386
authorized by the "Parental Kidnapping Prevention Act of 1980," 12,387
94 Stat. 3572, 42 U.S.C. 663, as amended, under which the 12,388
services of the parent locater service established pursuant to 12,389
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 12,390
U.S.C. 651, as amended, shall be made available to this state for 12,391
the purpose of determining the whereabouts of any absent parent 12,392
or child in order to enforce a law with respect to the unlawful 12,393
taking or restraint of a child, or to make or enforce a 12,394
determination as to the allocation, between the parents of a 12,395
child, of the parental rights and responsibilities for the care 12,396
of a child and the designation of the residential parent and 12,397
legal custodian of a child or otherwise as to the custody of a 12,398
child. 12,399
(E) The division of child support shall not use any social 12,401
security number made available to it under section 3705.07 of the 12,402
Revised Code for any purpose other than child support 12,403
enforcement. 12,404
(F) Except as provided by the rules adopted pursuant to 12,406
this division, no person shall disclose information concerning 12,407
applicants for and recipients of Title IV-D support enforcement 12,408
program services provided by a child support enforcement agency. 12,409
The department of human services shall adopt rules governing 12,410
access to, and use and disclosure of, information concerning 12,411
applicants for and recipients of Title IV-D support enforcement 12,412
program services provided by a child support enforcement agency. 12,413
299
The rules shall be consistent with the requirements of Title IV-D 12,414
of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.
651, as amended, and any rules adopted under Title IV-D. 12,415
(G)(1) Except as provided in division (G)(2) of this 12,418
section, the department of human services shall have access to 12,419
any information in the possession of any officer, board,
commission, or agency of the state that would aid the department 12,420
in locating an absent parent or child pursuant to division (D) of 12,422
this section, unless release of the information is prohibited by 12,423
federal law.
(2) The department of taxation, the bureau of motor 12,425
vehicles, and a law enforcement entity shall provide information 12,426
the division of child support requests from the department, 12,427
bureau, or entity that will enable the division to locate a 12,428
parent the division or a child support enforcement agency is 12,429
seeking pursuant to child support enforcement activities. The 12,430
department, bureau, or entity may provide such information to a 12,431
child support enforcement agency at the agency's request or 12,432
require the agency to request that the division of child support 12,433
request the information for the agency. The division shall 12,434
request the information from the department, bureau, or entity on 12,436
the request of a child support enforcement agency.
The only information the department shall provide the 12,438
division or an agency under this section is the name and address 12,439
of a parent the division or agency is seeking. The information 12,440
the bureau or entity shall provide to the division or an agency 12,441
under this section is the information Title IV-D of the "Social 12,442
Security Act" requires the division or agency be able to receive. 12,443
The division or agency shall reimburse the department, 12,445
bureau, or entity for the cost of providing the information. If 12,447
the division requests the information for an agency, the agency 12,448
shall reimburse the division for reimbursing the department, 12,449
bureau, or entity.
Sec. 5101.323. (A)(1) The division of child support in 12,459
300
the department of human services shall establish a program to 12,460
increase child support collections by publishing and distributing 12,461
a series of posters displaying child support obligors who are 12,462
delinquent in their support payments. Each poster shall display 12,463
photographs of, and information about, ten obligors who are 12,464
liable for support arrearages and whose whereabouts are unknown 12,465
to child support enforcement agencies. Each poster shall list a 12,466
toll-free telephone number for the division of child support that 12,467
may be called to report information regarding the whereabouts of 12,468
any of the obligors displayed on a poster. The division may 12,469
include any other information on the poster that it considers 12,470
appropriate. 12,471
(2) Any child support enforcement agency that chooses to 12,473
participate in the poster program established under division 12,474
(A)(1) of this section may submit names of obligors that meet the 12,475
criteria in division (B) of this section to the division. The 12,476
division shall select obligors to be displayed on a poster from 12,477
the names submitted by the agencies. 12,478
(3) The division shall send notice to each obligor whose 12,480
name was submitted to be displayed on the poster. The notice 12,481
shall be sent by regular mail to the obligor's last known address 12,482
and shall state that the obligor may avoid being included on the 12,483
poster by doing all of the following within ninety days after 12,484
receipt of the notice: 12,485
(a) Make a payment to the child support enforcement agency 12,487
that is at least equal to the amount of support the obligor is 12,488
required to pay each month under the support order; 12,489
(b) Provide the agency with the obligor's current address; 12,491
(c) Provide the agency with evidence from each of the 12,493
obligor's current employers of the obligor's current wages, 12,494
salary, and other compensation; 12,495
(d) Provide the agency with evidence that the obligor has 12,497
arranged for withholding from the obligor's wages, salary, or 12,498
other compensation to pay support and for payment of arrearages. 12,499
301
(4) The child support enforcement agency shall determine 12,501
whether any obligor whose name was submitted to be displayed on a 12,502
poster has met all the conditions of division (A)(3) of this 12,503
section. If it determines that an obligor has done so, it shall 12,504
give the division notice of its determination. On receipt of the 12,505
notice from the agency, the division shall remove the obligor 12,506
from the list of obligors submitted by that agency before making 12,507
the final selection of obligors for the poster. 12,508
(5) The division shall publish and distribute the first 12,510
set of posters throughout the state not later than October 1, 12,511
1992. The division shall publish and distribute subsequent sets 12,512
of posters not less than twice annually. 12,513
(B) A child support enforcement agency may submit the name 12,515
of a delinquent obligor to the division for inclusion on a poster 12,516
only if all of the following apply: 12,517
(1) The obligor is subject to a support order and there 12,519
has been an attempt to enforce the order through a public notice, 12,520
a wage withholding order, a lien on property, a financial 12,521
institution deduction order, or other court-ordered procedures. 12,522
(2) The department of human services reviewed the 12,524
obligor's records and confirms the child support enforcement 12,525
agency's finding that the obligor's name and photograph may be 12,526
submitted to be displayed on a poster. 12,527
(3) The agency does not know or is unable to verify the 12,529
obligor's whereabouts. 12,530
(4) The obligor is not a recipient of aid to dependent 12,532
children OHIO WORKS FIRST, disability assistance, supplemental 12,534
security income, or food stamps. 12,535
(5) The child support enforcement agency does not have 12,537
evidence that the obligor has filed for protection under the 12,538
federal Bankruptcy Code, 11 U.S.C.A. 101, as amended. 12,539
(6) The obligee gave written authorization to the agency 12,541
to display the obligor on a poster. 12,542
(7) A legal representative of the agency and a child 12,544
302
support enforcement administrator reviewed the case. 12,545
(8) The agency is able to submit to the department a 12,547
description and photograph of the obligor, a statement of the 12,548
possible locations of the obligor, and any other information 12,549
required by the department. 12,550
(C) When the agency submits the name of an obligor to the 12,552
division, it also shall submit the photograph and information 12,553
described in division (B)(8) of this section. It shall not 12,554
submit to the division the address of the obligee or any other 12,555
personal information about the obligee. 12,556
(D) In accordance with Chapter 119. of the Revised Code, 12,558
the division shall adopt rules for the operation of the poster 12,559
program under this section. The rules shall specify the 12,560
following: 12,561
(1) Criteria and procedures for the division to use in 12,563
reviewing the names of obligors submitted by child support 12,564
enforcement agencies to be displayed on a poster and selecting 12,565
the delinquent obligors to be included on a poster; 12,566
(2) Procedures for providing the notice specified in 12,568
division (A)(3) of this section; 12,569
(3) Any other procedures necessary for the operation of 12,571
the poster program. 12,572
(E) The division shall use funds appropriated by the 12,574
general assembly for child support administration to conduct the 12,575
poster program under this section. 12,576
Sec. 5101.35. (A) As used in this section: 12,585
(1) "AGENCY" MEANS THE FOLLOWING ENTITIES THAT ADMINISTER 12,587
A HUMAN SERVICES PROGRAM: 12,588
(a) THE DEPARTMENT OF HUMAN SERVICES; 12,590
(b) THE DEPARTMENT OF AGING; 12,592
(c) A COUNTY DEPARTMENT OF HUMAN SERVICES; 12,594
(d) A PUBLIC CHILDREN SERVICES AGENCY; 12,596
(e) A GOVERNMENT ENTITY ADMINISTERING A HUMAN SERVICES 12,598
PROGRAM FOR A COUNTY DEPARTMENT OF HUMAN SERVICE OR PUBLIC 12,599
303
CHILDREN SERVICES AGENCY PURSUANT TO DIVISION (D) OF SECTION 12,601
307.98 OF THE REVISED CODE;
(f) A CORPORATION OR ASSOCIATION ADMINISTERING A HUMAN 12,603
SERVICES PROGRAM FOR A COUNTY DEPARTMENT OF HUMAN SERVICES OR 12,604
PUBLIC CHILDREN SERVICES AGENCY PURSUANT TO SECTION 307.851 OF 12,605
THE REVISED CODE. 12,606
(2) "Appellant" means an applicant, participant, former 12,608
participant, recipient, or former recipient of any of the 12,609
following A HUMAN SERVICES PROGRAM who is entitled by federal or 12,610
state law to a hearing regarding a decision or order of the state 12,612
department, a county department, or the department of aging: 12,613
(a) Aid to dependent children; 12,615
(b) Disability assistance; 12,617
(c) Food stamps; 12,619
(d) Publicly funded child day-care; 12,621
(e) Residential state supplement payments; 12,623
(f) Assistance under Title IV-E, XIX, or XX of the "Social 12,625
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended; 12,626
(g) Assistance under the "Child Care and Development Block 12,628
Grant Act of 1990," established in section 5082 of the "Omnibus 12,629
Budget Reconciliation Act of 1990," 104 Stat. 1388-236 (1990), 42 12,630
U.S.C. 9858, as amended; 12,631
(h) Assistance under section 5081 of the "Omnibus Budget 12,633
Reconciliation Act of 1990," 104 Stat. 1388-233 (1990), 42 U.S.C. 12,634
602(i), as amended; 12,635
(i) The job opportunities and basic skills training 12,637
program. 12,638
(2) "State department" means the Ohio department of human 12,640
services. 12,641
(3) "County department" means a county department of human 12,643
services or a county children services board. 12,644
(4) "Designated county department" means the county 12,646
department responsible for compliance with a state hearing 12,647
decision or an administrative appeal decision AGENCY THAT 12,649
304
ADMINISTERS THE PROGRAM.
(3) "HUMAN SERVICES PROGRAM" MEANS ASSISTANCE PROVIDED 12,651
UNDER CHAPTER 5104., 5107., 5111., OR 5115. OR SECTION 173.35, 12,652
5101.141, 5101.46, 5101.54, 5153.163, OR 5153.165 OF THE REVISED 12,654
CODE, OTHER THAN ASSISTANCE PROVIDED UNDER SECTION 5101.46 OF THE 12,655
REVISED CODE BY THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT 12,657
OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, A BOARD OF 12,658
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES, OR A COUNTY 12,659
BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES. 12,660
(B) An appellant who appeals under federal or state law a 12,662
decision or order of the state department, a county department, 12,663
or the department of aging AN AGENCY ADMINISTERING A HUMAN 12,664
SERVICES PROGRAM shall, at his THE APPELLANT'S request, be 12,666
granted a STATE hearing by the state department OF HUMAN 12,667
SERVICES. This state hearing shall be conducted in accordance 12,669
with rules adopted by the state department pursuant to UNDER THIS 12,670
section 119.03 of the Revised Code. The state hearing shall be 12,672
tape-recorded, but neither the recording nor a transcript of the 12,673
recording shall be part of the official record of the proceeding. 12,674
A state hearing decision is binding upon the state AGENCY AND 12,675
department, the designated county department, and the department 12,677
of aging, unless it is reversed or modified on appeal to the 12,678
director of human services or a court of common pleas. 12,679
(C) An appellant who disagrees with a state hearing 12,681
decision may make an administrative appeal to the director of the 12,682
state department HUMAN SERVICES in accordance with rules adopted 12,683
by that department pursuant to UNDER THIS section 119.03 of the 12,685
Revised Code. This administrative appeal does not require a 12,687
hearing, but the director of the state department or his THE 12,688
DIRECTOR'S designee shall review the state hearing decision and 12,691
previous administrative action and may affirm, modify, remand, or 12,692
reverse the state hearing decision. Any person designated to make 12,693
an administrative appeal decision on behalf of the director shall 12,694
have been admitted to the practice of law in this state. An 12,695
305
administrative appeal decision is the final decision of the state 12,696
department and is binding upon the state department, the 12,697
designated county department, and the department of aging AGENCY, 12,699
unless it is reversed or modified on appeal to the court of 12,701
common pleas.
(D) The designated county department and the department of 12,703
aging AN AGENCY shall comply with a decision issued pursuant to 12,704
division (B) or (C) of this section within the time limits 12,706
established by rule by the state department RULES ADOPTED UNDER 12,707
THIS SECTION. If the designated county department AGENCY fails 12,709
to comply within these time limits, the state department may 12,711
withhold from the designated county department monetary advances 12,712
for county administrative expenses and impose other fiscal 12,713
sanctions. The withholding of any such monetary advance or the 12,714
imposition of any other fiscal sanction shall be in accordance 12,715
with rules adopted by the state department pursuant to TAKE 12,716
ACTION PURSUANT TO section 119.03 5101.24 of the Revised Code. 12,717
THE DEPARTMENT OF HUMAN SERVICES MAY FORCE COMPLIANCE BY THE 12,719
DEPARTMENT OF AGING WITH THE TIME LIMITS BY WITHHOLDING FUNDS DUE 12,720
THE DEPARTMENT OF AGING OR IMPOSING ANOTHER SANCTION ESTABLISHED 12,721
BY RULES ADOPTED UNDER THIS SECTION.
(E) An appellant who disagrees with an administrative 12,723
appeal decision of the state department DIRECTOR OF HUMAN 12,724
SERVICES OR THE DIRECTOR'S DESIGNEE issued under division (C) of 12,726
this section may appeal from the decision to the court of common 12,727
pleas pursuant to section 119.12 of the Revised Code. The appeal 12,728
shall be governed by section 119.12 of the Revised Code except 12,729
that:
(1) The person may appeal to the court of common pleas of 12,731
the county in which he THE PERSON resides, or to the court of 12,732
common pleas of Franklin county if he THE PERSON does not reside 12,734
in this state. 12,735
(2) The person may apply to the court for designation as 12,737
an indigent and, if the court grants this application, the 12,738
306
appellant shall not be required to furnish the costs of the 12,739
appeal. 12,740
(3) The appellant shall mail his THE notice of appeal to 12,742
the state department OF HUMAN SERVICES and file notice of appeal 12,743
with the court within thirty days after the state department 12,746
mails the administrative appeal decision to the appellant. For 12,747
good cause shown, the court may extend the time for mailing and 12,748
filing notice of appeal, but such time shall not exceed six 12,749
months from the date the state department mails the 12,750
administrative appeal decision. Filing notice of appeal with the 12,751
court shall be the only act necessary to vest jurisdiction in the 12,752
court.
(4) The state department shall be required to file a 12,754
transcript of the testimony of the state hearing with the court 12,755
only if the court orders the department to file the transcript. 12,756
The court shall make such an order only if it finds that the 12,757
department and the appellant are unable to stipulate to the facts 12,758
of the case and that the transcript is essential to a 12,759
determination of the appeal. The state department shall file the 12,760
transcript not later than thirty days after the day such an order 12,761
is issued. 12,762
(F) THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN 12,765
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT 12,766
THIS SECTION, INCLUDING RULES GOVERNING THE FOLLOWING: 12,767
(1) STATE HEARINGS UNDER DIVISION (B) OF THIS SECTION; 12,769
(2) ADMINISTRATIVE APPEALS UNDER DIVISION (C) OF THIS 12,771
SECTION; 12,772
(3) TIME LIMITS FOR COMPLYING WITH A DECISION ISSUED UNDER 12,774
DIVISION (B) OR (C) OF THIS SECTION; 12,775
(4) SANCTIONS THAT MAY BE APPLIED AGAINST THE DEPARTMENT 12,777
OF AGING UNDER DIVISION (D) OF THIS SECTION. 12,778
Sec. 5101.36. Any application for public assistance gives 12,787
a right of subrogation to the department of human services for 12,788
any workers' compensation benefits payable to a person who is 12,789
307
subject to a support order, as defined in section 2301.34 of the 12,790
Revised Code or to an administrative support order, as defined in 12,791
section 3111.20 of the Revised Code, on behalf of the applicant, 12,792
to the extent of any public assistance payments made on the 12,793
applicant's behalf. If the director of human services, in 12,794
consultation with a child support enforcement agency and the 12,795
administrator of the bureau of workers' compensation, determines 12,796
that a person responsible for support payments to a recipient of 12,797
public assistance is receiving workers' compensation, he THE 12,798
DIRECTOR shall notify the administrator of the amount of the 12,799
benefit to be paid to the department of human services. 12,800
For purposes of this section, "public assistance" means 12,802
medical assistance provided through the medical assistance 12,803
program established under section 5111.01 of the Revised Code, 12,804
aid to dependent children OHIO WORKS FIRST provided under Chapter 12,806
5107. of the Revised Code, or disability assistance provided 12,807
under Chapter 5115. of the Revised Code. 12,808
Sec. 5101.37. (A) The department of human services and 12,818
each COUNTY DEPARTMENT OF HUMAN SERVICES AND child support 12,819
enforcement agency may make any investigations that are necessary 12,821
in the performance of its THEIR duties, and to that end they 12,822
shall have the same power as a judge of a county court to 12,823
administer oaths and to enforce the attendance and testimony of 12,824
witnesses and the production of books or papers.
The department and each child support enforcement COUNTY 12,826
DEPARTMENT AND agency shall keep a record of its THEIR 12,828
investigations stating the time, place, charges or subject, 12,829
witnesses summoned and examined, and its THEIR conclusions. 12,830
In matters involving the conduct of an officer, a 12,832
stenographic report of the evidence shall be taken and a copy of 12,833
the report, with all documents introduced, kept on file at the 12,834
office of the department, COUNTY DEPARTMENT, or the agency. 12,836
The fees of witnesses for attendance and travel shall be 12,838
the same as in the court of common pleas, but no officer or 12,839
308
employee of the institution under investigation is entitled to 12,840
such fees. 12,841
(B) In conducting hearings pursuant to sections 3113.21 to 12,843
3113.217 or pursuant to division (B) of section 5101.35 of the 12,844
Revised Code, the department and each child support enforcement 12,845
agency have the same power as a judge of a county court to 12,846
administer oaths and to enforce the attendance and testimony of 12,847
witnesses and the production of books or papers. The department 12,848
and each agency shall keep a record of those hearings stating the 12,849
time, place, charges or subject, witnesses summoned and examined, 12,850
and its THEIR conclusions. 12,851
The issuance of a subpoena by the department or a child 12,853
support enforcement agency to enforce attendance and testimony of 12,854
witnesses and the production of books or papers at a hearing is 12,855
discretionary and the department or agency is not required to pay 12,856
the fees of witnesses for attendance and travel. 12,857
(C) Any judge of the probate court or ANY DIVISION of the 12,859
court of common pleas, upon application of the department or a 12,861
COUNTY DEPARTMENT OR child support enforcement agency, may compel 12,863
the attendance of witnesses, the production of books or papers, 12,864
and the giving of testimony before the department, COUNTY 12,865
DEPARTMENT, or agency, by a judgment for contempt or otherwise, 12,867
in the same manner as in cases before those courts. 12,868
Sec. 5101.46. (A) AS USED IN THIS SECTION AND IN SECTIONS 12,877
5101.461 TO 5101.465 OF THE REVISED CODE: 12,878
(1) "TITLE XX" MEANS TITLE XX OF THE "SOCIAL SECURITY 12,880
ACT," 88 STAT. 2337 (1974), 42 U.S.C.A. 1397, AS AMENDED. 12,881
(2) "RESPECTIVE LOCAL AGENCIES" MEANS, WITH RESPECT TO THE 12,884
DEPARTMENT OF HUMAN SERVICES, THE COUNTY DEPARTMENTS OF HUMAN 12,885
SERVICES; WITH RESPECT TO THE DEPARTMENT OF MENTAL HEALTH, THE 12,886
BOARDS OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES; 12,887
AND WITH RESPECT TO THE DEPARTMENT OF MENTAL RETARDATION AND 12,888
DEVELOPMENTAL DISABILITIES, THE COUNTY BOARDS OF MENTAL 12,889
RETARDATION AND DEVELOPMENTAL DISABILITIES.
309
(3) "MINIMUM STANDARD OF NEED" MEANS THE MINIMUM AMOUNTS 12,891
OF INCOME AND RESOURCES NECESSARY FOR AN INDIVIDUAL OR A FAMILY 12,893
TO MAINTAIN HEALTH AND DECENCY, AS DETERMINED AND UPDATED 12,894
ANNUALLY BY THE DEPARTMENT OF HUMAN SERVICES UNDER SECTION 12,895
5107.06 OF THE REVISED CODE.
(B) The departments of human services, mental health, and 12,897
mental retardation and developmental disabilities shall 12,898
administer the A program for the provision of social services 12,899
authorized by Title XX of the "Social Security Act," 88 Stat. 12,901
2337, 42 U.S.C. 1397, as amended SOCIAL SERVICES. The 12,902
departments may assign ANY OF their administrative
responsibilities to their respective county departments of human 12,903
services; boards of alcohol, drug addiction, and mental health 12,904
services; and county boards of mental retardation and 12,905
developmental disabilities. The departments may adopt rules 12,906
establishing sanctions against their respective departments and 12,907
boards LOCAL AGENCIES. THE ASSIGNMENT OF ADMINISTRATIVE 12,908
RESPONSIBILITIES SHALL BE MADE IN ACCORDANCE WITH RULES EACH 12,909
DEPARTMENT SHALL ADOPT IN ACCORDANCE WITH CHAPTER 119. OF THE 12,911
REVISED CODE. THE RULES MAY ESTABLISH CONDITIONS FOR THE 12,912
ASSIGNMENT OF RESPONSIBILITIES AND MAY ESTABLISH SANCTIONS 12,913
AGAINST THE LOCAL AGENCIES for noncompliance with the terms of 12,914
any assignment of administrative responsibilities. 12,915
(B)(C) The department of human services is responsible for 12,917
the preparation and revision of a biennial comprehensive TITLE XX 12,919
social services program plan that meets all the requirements of 12,920
applicable state LAWS AND RULES and federal laws and regulations. 12,921
The departments of mental health and of mental retardation and 12,922
developmental disabilities shall prepare portions of the STATE 12,924
TITLE XX plan that apply to mental health and to mental
retardation and developmental disabilities services for inclusion 12,926
in the plan prepared by the department of human services. The 12,927
plan shall constitute the report on the intended use of Title XX 12,928
funds that is required by federal law, and shall comply with all 12,929
310
federal requirements for such report. 12,930
(C) The department of human services shall provide 12,932
(D) EACH COUNTY DEPARTMENT OF HUMAN SERVICES SHALL ADOPT A 12,935
COUNTY PROFILE FOR THE ADMINISTRATION AND PROVISION OF TITLE XX 12,936
SOCIAL SERVICES IN THAT COUNTY. IN DEVELOPING ITS COUNTY 12,937
PROFILE, THE COUNTY DEPARTMENT MAY CONSIDER PUBLIC COMMENTS AND 12,938
RECOMMENDATIONS RECEIVED PURSUANT TO SECTION 5101.461 OF THE 12,939
REVISED CODE. THE COUNTY DEPARTMENT ALSO MAY PREPARE A LOCAL 12,940
NEEDS REPORT ANALYZING LOCAL NEED FOR TITLE XX SOCIAL SERVICES. 12,942
LOCAL NEEDS SHALL BE ANALYZED IN ACCORDANCE WITH GUIDELINES 12,943
DEVELOPED BY THE BOARD OF COUNTY COMMISSIONERS. 12,944
THE COUNTY DEPARTMENT SHALL FILE A COPY OF THE PROFILE WITH 12,947
THE DEPARTMENT OF HUMAN SERVICES. THE DEPARTMENT SHALL APPROVE 12,948
THE COUNTY PROFILE ONLY IF THE PROFILE CONTAINS PROVISIONS THAT, 12,949
AT A MINIMUM, DO ALL OF THE FOLLOWING:
(1) LIST ALL TITLE XX SOCIAL SERVICES TO BE PROVIDED IN 12,951
THE COUNTY, INCLUDING at least one service under the social 12,952
services program to achieve each of the following goals: 12,953
(1)(a) Achieving or maintaining economic self-support to 12,955
prevent, reduce, or eliminate dependency; 12,956
(2)(b) Achieving or maintaining self-sufficiency, 12,958
including reduction or prevention of dependency; 12,959
(3)(c) Preventing or remedying neglect, abuse, or 12,961
exploitation of children and adults unable to protect their own 12,962
interests, or preserving, rehabilitating, or reuniting families; 12,963
(4)(d) Preventing or reducing inappropriate institutional 12,965
care by providing for community-based care, home-based care, or 12,966
other forms of less intensive care; 12,967
(5)(e) Securing referral or admission for institutional 12,969
care when other forms of care are not appropriate, or providing 12,970
services to individuals in institutions. 12,971
(D) The plan shall: 12,973
(1)(2) Authorize the provision or the purchase of any 12,975
service on a multicounty basis when considerations relating to 12,976
311
the nature of the service, accessibility factors, characteristics 12,977
of persons to receive the service, and ongoing programs or 12,978
planning areas for other programs lead to the reasonable 12,979
conclusion that the larger geographic area constitutes a more 12,980
efficient basis for furnishing the service;. THE PROFILE SHALL 12,981
CONTAIN PROVISIONS TO ENSURE THAT WHENEVER SERVICES ARE TO BE 12,983
PROVIDED OR PURCHASED ON A MULTICOUNTY BASIS, THE APPROVAL OF THE 12,984
BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY INVOLVED WILL BE 12,985
OBTAINED.
(2) Require that whenever federal laws and regulations 12,987
with respect to children who are receiving aid under Title IV-A 12,988
of the "Social Security Act," 49 Stat. 627, 42 U.S.C.A. 601, as 12,989
amended, permit the implementation of such a policy, the income 12,990
of stepparents who reside in the same household shall be 12,991
considered available to their stepchildren in determining the 12,992
eligibility of children for services; 12,993
(3) Include the A formula or schedule establishing the 12,995
fees or other charges to be imposed by each THE county department 12,996
of human services under division (E)(2) of this section; 12,997
(4) Establish uniformly applied service descriptions and 12,999
definitions of units of service; 13,000
(5) Present in the section of the plan COUNTY PROFILE 13,002
specifically designated for such purpose, for each service 13,003
category, eligibility category, and geographic area, ALL OF THE 13,004
FOLLOWING:
(a) The estimated number of individuals to be served, 13,006
counting each individual no more than once in any service 13,007
category; 13,008
(b) THE ESTIMATED NUMBER OF INDIVIDUALS AND FAMILIES TO BE 13,010
SERVED WHOSE INCOME AND RESOURCES ARE AT OR BELOW ONE HUNDRED PER 13,012
CENT OF THE MINIMUM STANDARD OF NEED;
(c) The estimated expenditures; 13,014
(c)(d) Any other information required by state law OR RULE 13,017
or federal law or regulations.
312
(6) List the scheduled times, dates, and locations of 13,019
local public hearings to be held on the proposed state plan and 13,020
the dates in which the public comment period shall be held 13,021
ESTABLISH ELIGIBILITY CRITERIA, INCLUDING CRITERIA REGARDING 13,023
INCOME, RESOURCES, AND OTHER FACTORS, THAT WILL BE USED BY THE 13,024
COUNTY DEPARTMENT IN DETERMINING WHO WILL BE ELIGIBLE TO RECEIVE 13,025
EACH SERVICE SPECIFIED IN THE COUNTY PROFILE; 13,026
(7) SPECIFY WHICH SERVICES, IF ANY, MAY BE PROVIDED 13,028
WITHOUT CHARGE; 13,029
(8) ESTABLISH PROCEDURES FOR THE COUNTY DEPARTMENT TO 13,031
FOLLOW IN PREPARING REPORTS AND CONDUCTING AUDITS REGARDING ITS 13,032
USE OF TITLE XX FUNDS; 13,033
(9) ESTABLISH CRITERIA FOR THE EVALUATION OF THE SOCIAL 13,036
SERVICES NEEDED OR PROVIDED IN THE COUNTY;
(10) ESTABLISH REQUIREMENTS FOR THE COUNTY DEPARTMENT TO 13,039
FOLLOW IN RETAINING RECORDS AND SAFEGUARDING INFORMATION THAT
PERTAINS TO THE INDIVIDUALS AND FAMILIES WHO APPLY FOR OR RECEIVE 13,041
TITLE XX SOCIAL SERVICES;
(11) ESTABLISH ANY OTHER ADMINISTRATIVE AND OPERATIONAL 13,044
REQUIREMENTS REGARDING TITLE XX SOCIAL SERVICES THAT THE COUNTY 13,045
DEPARTMENT CONSIDERS NECESSARY.
(E) Services other than child day-care shall be provided 13,047
under the social services program as follows: 13,048
(1) Without fees or other charges to: 13,050
(a) Recipients of aid to dependent children; 13,052
(b) Recipients of disability assistance provided under 13,054
Chapter 5115. of the Revised Code; 13,055
(c) Recipients of supplemental security income under Title 13,057
XVI of the Social Security Act; 13,058
(d) Recipients of medical assistance under Chapter 5111. 13,060
of the Revised Code; 13,061
(e) Individuals sixty years of age and over; 13,063
(f) Families and individuals whose income and resources 13,065
are less than one hundred fifty per cent of the minimum standard 13,066
313
of need. 13,067
Services provided without charge on the basis of 13,069
eligibility under division (E)(1)(e) of this section shall be 13,070
limited to home-delivered meals, congregate meals, homemaker and 13,071
home health aide services, transportation, chore services, 13,072
health-related services, and community-based care. Providers of 13,073
these services shall post for public display the average per unit 13,074
cost of each service. Persons who are eligible for services 13,075
under division (E)(1)(e) or (3) of this section may voluntarily 13,076
contribute a portion of the cost of service. 13,077
(2) To persons other than those eligible under division 13,079
(E)(1) of this section for day-care services to adults, homemaker 13,080
and home health aide services, and for any other services 13,081
designated by the county department to be provided for a fee, 13,082
upon the payment of fees or other charges established by the 13,083
formula or schedule in the plan to individuals and families whose 13,084
income and resources exceed one hundred fifty per cent of the 13,085
minimum standard of need but are less than the statewide median 13,086
income. 13,087
(3) The following services shall be provided without 13,089
regard to income or resources and without the payment of fees or 13,090
other charges to persons in need of such services: 13,091
(a) Information and referral; 13,093
(b) Protective services for children; 13,095
(c) Protective services for adults, unless a county 13,097
department of human services determines that an adult in need of 13,098
protective services has sufficient financial means to pay for the 13,099
services or if a court orders an adult to pay for court-ordered 13,100
protective services as provided for under section 5101.70 of the 13,101
Revised Code. 13,102
(F) Child day-care provided under the social services 13,104
program shall be provided in accordance with Chapter 5104. of the 13,105
Revised Code. 13,106
(G) As used in this section: 13,108
314
(1) "Minimum standard of need" means the minimum amounts 13,110
of income and resources necessary for an individual or a family 13,111
of the same size to maintain health and decency as determined and 13,112
updated annually by the department under section 5107.02 of the 13,113
Revised Code. 13,114
(2) "Median income" means the median income for an 13,116
individual or a family of the same size in this state, as 13,117
determined by the United States department of labor. 13,118
(3) "Protective services" means services for the 13,120
prevention or remedying of the neglect, abuse, or exploitation of 13,121
children or adults who are unable to protect their own interests. 13,122
(H) The department of human services may adopt ANY rules 13,124
under Chapter 119. of the Revised Code necessary to carry out the 13,125
purposes of this section AND SECTIONS 5101.461 TO 5101.465 OF THE 13,126
REVISED CODE. THE RULES MAY INCLUDE GUIDELINES FOR THE 13,128
PREPARATION, REVISION, AND REVIEW OF THE STATE TITLE XX SOCIAL 13,129
SERVICES PLAN AND COUNTY TITLE XX PROFILES; REQUIREMENTS OR 13,130
PROHIBITIONS ESTABLISHED BY THE FEDERAL GOVERNMENT REGARDING THE 13,131
PROVISION OF TITLE XX SOCIAL SERVICES; AND OPERATIONAL 13,134
REQUIREMENTS THAT MUST BE FOLLOWED FOR COMPLIANCE WITH FEDERAL 13,135
LAW AND REGULATIONS.
ALL RULES ADOPTED UNDER THIS DIVISION SHALL BE ADOPTED IN 13,138
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, UNLESS THEY ARE 13,139
INTERNAL MANAGEMENT RULES GOVERNING THE FISCAL, ADMINISTRATIVE, 13,140
AND REPORTING REQUIREMENTS APPLICABLE TO COUNTY DEPARTMENTS OF 13,141
HUMAN SERVICES. INTERNAL MANAGEMENT RULES MAY BE ADOPTED IN 13,142
ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE. 13,143
Sec. 5101.461. (A) The department of aging shall have the 13,153
right to review and comment upon any portion or any revision of 13,154
any portion of the comprehensive social services plan that is 13,155
directed toward persons who are sixty years of age or older. 13,156
(B) Prior to one hundred fifty days before the proposed 13,158
effective date of any proposed plan, the departments of mental 13,159
health and mental retardation and developmental disabilities 13,160
315
shall make those portions of the plan that apply to mental health 13,161
and mental retardation and developmental disabilities services 13,162
available to the department of human services for inclusion in 13,163
the comprehensive social services plan. 13,164
(C) No later than one hundred fifty days before the 13,166
proposed effective date of any proposed plan, the department of 13,167
human services shall submit the plan to the speaker of the house 13,168
of representatives and the president of the senate. The speaker 13,169
and the president shall refer the plan to the standing committee 13,170
of his respective house that has the primary responsibility for 13,172
the consideration of human services legislation, for review and
recommendation for favorable or unfavorable consideration. 13,173
(D) No later than one hundred fifty days before the 13,175
effective date of any proposed state plan, the department of 13,176
human services shall hold a public comment period for a period of 13,177
not less than forty-five days. Members of the public may submit 13,178
written comments and recommendations on the proposed plan to the 13,179
department during the public comment period. 13,180
(E) No later than ninety days before the effective date of 13,182
the proposed plan, the department shall submit to the speaker of 13,183
the house of representatives and the president of the senate all 13,184
comments and recommendations received during the public comment 13,185
period and a summary of the comments and recommendations made at 13,186
county hearings held pursuant to section 329.07 of the Revised 13,187
Code. The speaker and president shall refer the testimony to the 13,188
respective standing committees to which the plan was referred for 13,189
review. 13,190
(F) No later than ninety days before the effective date of 13,192
the proposed state plan, the department of human services shall 13,193
submit its proposed revisions to the plan, including any 13,194
revisions in the portions of the plan that apply to mental health 13,195
and mental retardation and developmental disabilities, to the 13,196
speaker and the president, who shall refer the proposed revisions 13,197
to the respective standing committees to which the plan was 13,198
316
referred for review. The department shall consider comments and 13,199
recommendations received during the public comment period or made 13,200
at county hearings in proposing revisions to the plan. The 13,201
departments of mental health and mental retardation and 13,202
developmental disabilities shall submit any proposed revisions in 13,203
the portions of the plan applying to their respective departments 13,204
in time to permit their incorporation into the revisions proposed 13,205
by the department of human services. 13,206
(G)(1) The respective standing committees shall review the 13,208
proposed state plan, the comments and recommendations from the 13,209
public comment period and county hearings, and any proposed 13,210
revisions to the plan made pursuant to division (F) of this 13,211
section. Either committee reviewing the plan may recommend a 13,212
concurrent resolution modifying the proposed plan or may 13,213
recommend that the department submit a modified plan to the 13,214
speaker and the president, who shall each refer the modified plan 13,215
to the standing committees to which the plan was referred for 13,216
review. The resolution may include any revisions proposed by the 13,217
department of human services and any other revisions or 13,218
modifications the general assembly considers necessary for the 13,219
effective administration of social services. 13,220
If the general assembly fails to pass a concurrent 13,222
resolution modifying the plan within forty-five days of the 13,223
effective date of the plan, the modified plan most recently 13,224
submitted to the speaker and the president, or, if no modified 13,225
plan was submitted, the proposed plan, including any revisions 13,226
proposed under division (F) of this section, shall be considered 13,227
to have been adopted. 13,228
(H) After adoption of the plan under division (G) of this 13,230
section, the department shall submit any proposed revision of any 13,231
portion of the plan to the speaker and the president, who shall 13,232
refer the proposed revision to the standing committees to which 13,233
the plan was referred for review. If neither standing committee 13,234
recommends a concurrent resolution opposing the proposed revision 13,235
317
within thirty days after its submission, the proposed revision 13,236
shall be considered to have been adopted and the department shall 13,237
incorporate the revision into the plan. 13,238
(I) The department of human services shall adopt rules 13,240
under section 111.15 of the Revised Code governing the 13,241
preparation, review, and revision DEVELOP A METHOD TO OBTAIN 13,242
PUBLIC COMMENT DURING THE DEVELOPMENT of the comprehensive STATE 13,243
TITLE XX social services plan AND AFTER ITS COMPLETION. These 13,245
rules shall include:
(1) Guidelines for the preparation of a local needs report 13,247
by county departments of human services pursuant to section 13,248
329.04 of the Revised Code, including the contents of the report 13,249
and any guidelines or criteria for evaluation of local services 13,250
or needs; 13,251
(2) The procedure for review and evaluation by the 13,253
department of local needs reports and county plans prepared 13,254
pursuant to section 329.04 of the Revised Code. 13,255
(B) PUBLIC HEARINGS TO OBTAIN COMMENTS AND RECOMMENDATIONS 13,258
ON PROPOSED COUNTY PROFILES FOR THE ADMINISTRATION OF TITLE XX 13,259
SOCIAL SERVICES SHALL BE HELD BY THE COUNTY HUMAN SERVICES 13,260
ADVISORY COMMITTEE ESTABLISHED UNDER SECTION 329.06 OF THE 13,261
REVISED CODE. THE COMMITTEE SHALL FORWARD TO THE BOARD OF COUNTY 13,263
COMMISSIONERS A SUMMARY OF THE COMMENTS AND RECOMMENDATIONS MADE 13,265
AT THE HEARING.
Sec. 5101.462. (A) As used in this section: 13,279
(1) "Local share" means any funds used to match the 13,281
federal funds as required under division (D) of this section. The 13,283
local share may be provided from any source, except from sources 13,284
prohibited under federal law or from state funds appropriated 13,285
specifically to supplement federal Title XX funds under division 13,286
(B) of this section.
(2) "Median income" has the same meaning as in section 13,288
5101.46 of the Revised Code. 13,289
(B) All federal funds received under Title XX of the 13,291
318
"Social Security Act," 88 Stat. 2337, 42 U.S.C. 1397, as amended, 13,292
shall be appropriated to the departments of human services, 13,293
mental health, and mental retardation and developmental 13,294
disabilities in the following manner: 13,295
(1) Department of human services, seventy-two and one-half 13,297
per cent; 13,298
(2) Department of mental health, twelve and ninety-three 13,300
one-hundredths per cent; 13,301
(3) Department of mental retardation and developmental 13,303
disabilities, fourteen and fifty-seven one-hundredths per cent. 13,304
Of the amount appropriated to the (B) THE department of 13,307
human services, the director of human services shall allocate to 13,308
county departments of human services all federal funds received 13,309
under division (B)(A)(1) of this section, except those required 13,310
for state administration under division (C) of this section and 13,312
two per cent for the training of employees of county THE 13,313
FOLLOWING:
(1) COUNTY departments of human services; providers 13,315
(2) PROVIDERS of services under contract with county 13,317
departments of human services or with boards of alcohol, drug 13,318
addiction, and mental health services or county boards of mental 13,319
retardation and developmental disabilities ANY OF THE THREE STATE 13,320
DEPARTMENTS' RESPECTIVE LOCAL AGENCIES; and county 13,321
(3) COUNTY children services boards that are directly 13,324
engaged in providing TITLE XX services under the program. 13,325
A county department of human services shall use twenty per 13,327
cent of the Title XX funds allocated to department of human 13,328
services it under this section for the provision of child 13,329
day-care, except that, at the request of a county department of 13,330
human services and in accordance with rules adopted pursuant to 13,331
division (I) of this section, the department of human services 13,332
may waive the twenty per cent requirement and permit the county 13,333
department to use a smaller percentage but no less than ten per 13,334
cent of the federal funds allocated to it under this section to 13,335
319
provide children's day-care services. A county department may 13,337
spend more than twenty per cent of its allocation of Title XX
funds to provide child day-care. All Title XX funds used to 13,338
provide child day-care shall be used in accordance with Chapter 13,339
5104. of the Revised Code. 13,340
(C) Each department shall expend no more than three per 13,342
cent of its appropriation under division (B)(A) of this section 13,344
for state administration.
(D) Each county department of human services; board of 13,346
alcohol, drug addiction, and mental health services; and county 13,347
board of mental retardation and developmental disabilities OF THE 13,348
THREE STATE DEPARTMENTS' RESPECTIVE LOCAL AGENCIES shall provide 13,350
a ten per cent local share OF LOCAL FUNDS to match THE federal 13,351
funds received by the department or board LOCAL AGENCY, unless 13,352
the department or board LOCAL AGENCY obtains a waiver for OF part 13,353
or all of its local share, except that no local share shall be 13,355
required to match federal funds that are allocated for child 13,356
day-care, or for training, or for services provided directly by 13,357
county departments of human services. The county department or 13,358
board EACH RESPECTIVE LOCAL AGENCY'S LOCAL SHARE IS AN AMOUNT 13,359
EQUAL TO TEN PER CENT OF THE AMOUNT ALLOCATED TO THE AGENCY. THE 13,361
LOCAL SHARE MAY BE PROVIDED FROM ANY SOURCE, EXCEPT FROM SOURCES 13,362
PROHIBITED UNDER FEDERAL LAW OR FROM STATE FUNDS APPROPRIATED 13,363
SPECIFICALLY TO SUPPLEMENT THE FEDERAL FUNDS APPROPRIATED UNDER 13,364
DIVISION (A) OF THIS SECTION. 13,365
THE RESPECTIVE LOCAL AGENCIES MAY REQUIRE PROVIDERS OF 13,368
TITLE XX SOCIAL SERVICES TO PROVIDE MATCHING FUNDS. THE AGENCIES 13,369
may vary the match rate required from providers from zero to 13,370
fifty per cent in accordance with local needs and resources 13,371
available, but the aggregate total for the local share shall be 13,372
equal to at least ten per cent of the amount allocated to the 13,373
county department or board LOCAL AGENCY or the percentage 13,374
determined under a waiver made under this section. 13,375
The departments of human services, mental health, and 13,377
320
mental retardation and developmental disabilities may grant 13,378
waivers of part or all of the local share of their respective 13,379
departments or boards LOCAL AGENCIES upon request. Each 13,380
department shall develop ADOPT rules governing the procedure for 13,381
requesting a waiver, the criteria for granting a waiver, and the 13,382
duration of the waiver. The following counties shall be granted 13,384
an automatic waiver of the local share requirement: Adams, 13,385
Athens, Belmont, Brown, Carroll, Clermont, Columbiana, Coshocton, 13,386
Gallia, Guernsey, Harrison, Highland, Hocking, Holmes, Jackson, 13,387
Jefferson, Lawrence, Meigs, Monroe, Morgan, Muskingum, Noble, 13,388
Perry, Pike, Ross, Scioto, Tuscarawas, Vinton, and Washington. 13,389
(E) Each department is responsible for taking corrective 13,391
action on any audit findings, deferrals, or disallowances, OR 13,392
PENALTIES concerning federal, state, or local funds it received 13,393
under Title XX of the Social Security Act. WHEN A COUNTY 13,394
DEPARTMENT OF HUMAN SERVICES IS RESPONSIBLE OR PARTIALLY 13,396
RESPONSIBLE FOR A FEDERAL DISALLOWANCE OR PENALTY, THE COUNTY 13,397
DEPARTMENT SHALL REPAY TO THE DEPARTMENT OF HUMAN SERVICES AN 13,398
AMOUNT EQUAL TO THE FEDERAL DISALLOWANCE OR PENALTY. THE 13,399
DEPARTMENT MAY TAKE ANY ACTION NECESSARY AGAINST THE COUNTY 13,400
DEPARTMENT TO RECOVER THE AMOUNT.
(F) The directors of human services, mental health, and 13,402
mental retardation and developmental disabilities EACH DEPARTMENT 13,403
shall, subject to the approval of the controlling board, develop 13,404
formulas for the distribution to county departments of human 13,405
services; boards of alcohol, drug addiction, and mental health 13,406
services; and county boards of mental retardation and 13,407
developmental disabilities of THEIR RESPECTIVE LOCAL AGENCIES OF 13,408
TITLE XX funds appropriated to their respective departments under 13,410
divisions (A) and DIVISION (B) of this section. The formulas 13,412
shall take into account the total population and the population 13,413
with income and resources below the one hundred per cent standard 13,414
of need of each county and the county's history of and ability to 13,415
utilize funds received under Title XX of the "Social Security 13,416
321
Act," 88 Stat 2337, 42 U.S.C. 1397, as amended. The
distributions shall not include the amounts of any contracts 13,417
entered into between a provider and the department of mental 13,418
health or the department of mental retardation and developmental 13,419
disabilities ONE OF THE STATE DEPARTMENTS for services on a 13,420
statewide or regional basis. Such contracts shall be subject to 13,422
the requirements of division (B) of section 5101.463 of the 13,423
Revised Code.
(G) The departments of human services, mental health, and 13,425
mental retardation and developmental disabilities shall notify 13,426
their respective departments or boards of the formula used to 13,427
compute the amount of the allocation to each department or board 13,428
for social services under Title XX, and shall provide an estimate 13,429
of the amount of each allocation. Each department shall adopt 13,430
rules pursuant to section 111.15 of the Revised Code governing 13,431
the procedure for notification of its departments or boards as 13,432
required in this division, including the time of notification. 13,433
(H) If, on October 5, 1987, the children services 13,435
functions of a county are being performed by the county 13,436
department of human services and, after October 5, 1987, the 13,437
county establishes a county children services board, the board of 13,438
county commissioners may, by resolution adopted by a majority of 13,439
the members of the board, direct the county department of human 13,440
services to transfer to the county children services board a 13,441
portion of the funds allocated to the county department of human 13,442
services under division (B) of this section or received by that 13,443
department from funds appropriated by the state for county 13,444
administration. The amount transferred shall be the amount 13,445
determined by the county commissioners to be necessary for 13,446
providing children services. On receipt of the direction, the 13,447
county department of human services shall make the transfer 13,448
required by this division. A transfer of funds pursuant to this 13,449
division shall not affect the amount of any funds allocated to 13,450
the county by the state department of human services pursuant to 13,451
322
division (B) of this section. 13,452
(I) The department of human services, in accordance with 13,454
section 111.15 of the Revised Code, shall adopt rules 13,455
establishing criteria for waiving the requirement in division (B) 13,456
of this section that a county department of human services use 13,457
twenty per cent of its allocation of federal funds under this 13,458
section to provide children's day-care services and establishing 13,460
procedures for a county department of human services to request 13,461
the waiver.
Sec. 5101.463. (A) As used in this section, "combined 13,470
federal and state funds" refers to the amount of federal Title XX 13,471
funds appropriated under division (B) of section 5101.462 of the 13,472
Revised Code and to any state funds appropriated specifically to 13,473
supplement those federal funds. 13,474
(B) Except for contracts entered into directly between 13,476
providers and the departments of human services, mental health, 13,477
and mental retardation and developmental disabilities, purchases 13,478
of TITLE XX SOCIAL services other than child day-care under the 13,480
Title XX social services program shall be made under a contract 13,481
entered into by the provider of the services and the county 13,482
department of human services; board of alcohol, drug addiction, 13,483
and mental health services; or county board of mental retardation 13,484
and developmental disabilities DEPARTMENTS' RESPECTIVE LOCAL 13,485
AGENCIES. The directors of human services, mental health, and 13,487
mental retardation and developmental disabilities DEPARTMENTS
shall each prescribe a standard form for such contracts. 13,488
(B) Each contract BETWEEN A PROVIDER OF TITLE XX SOCIAL 13,491
SERVICES AND ONE OF THE STATE DEPARTMENTS OR THEIR RESPECTIVE 13,492
LOCAL AGENCIES shall specify ALL OF THE FOLLOWING: 13,493
(1) The period covered by the contract, not to exceed two 13,495
years; 13,496
(2) The amounts AMOUNT of combined federal and state funds 13,498
and TO BE EXPENDED, CONSISTING OF FUNDS FROM THE FEDERAL TITLE XX 13,500
FUNDS APPROPRIATED UNDER DIVISION (A) OF SECTION 5101.462 OF THE 13,501
323
REVISED CODE AND ANY STATE FUNDS APPROPRIATED SPECIFICALLY TO 13,502
SUPPLEMENT THOSE FEDERAL FUNDS, AND THE AMOUNT OF local funds to 13,503
be expended;
(3) That the provider agrees to submit MONTHLY, QUARTERLY, 13,505
OR semiannual reports showing the number of persons served and 13,506
actual expenditures of Title XX funds in each eligibility 13,508
category for each service covered in the contract, within thirty 13,509
days of the end of each six-month REPORTING period; 13,510
(4) That the provider agrees to determine eligibility for 13,512
all service recipients, except as provided under division (H) of 13,514
this section, directly or through a subcontract or other 13,515
agreement with a county department of human services, or a public 13,516
or private nonprofit agency or organization; 13,517
(5) The units by which the amounts of services provided 13,519
are to be measured, and codes to be used to identify the units; 13,520
(6) Estimated costs by category of expense; 13,522
(7) That the provider agrees to meet the requirements of 13,524
federal and LAWS AND REGULATIONS, state laws and rules and, the 13,526
state TITLE XX plan, AND, IF APPLICABLE TO THE CONTRACT, THE 13,527
COUNTY PROFILE FOR ADMINISTRATION OF TITLE XX SOCIAL SERVICES; 13,528
(8)(7) That the state DEPARTMENT OR LOCAL AGENCY agrees to 13,531
meet the requirements of federal and LAWS AND REGULATIONS, state 13,532
laws and rules and, the state TITLE XX plan, AND, IF APPLICABLE 13,533
TO THE CONTRACT, THE COUNTY PROFILE FOR ADMINISTRATION OF TITLE 13,534
XX SOCIAL SERVICES; 13,535
(9)(8) That the provider agrees to have prepared an annual 13,537
financial statement and, if applicable, a review of 13,538
determinations of eligibility under the program FOR SERVICES, and 13,540
agrees, within thirty days of the end of the fiscal year, to make
copies of the financial statement and review available to the 13,541
county department of human services; board of alcohol, drug 13,542
addiction, and mental health services; county board of mental 13,543
retardation and developmental disabilities; or department of 13,544
human services, mental health, or mental retardation and 13,545
324
developmental disabilities DEPARTMENT OR LOCAL AGENCY contracting 13,546
for the services; 13,547
(10)(9) That the provider agrees, if required to do so by 13,549
the director of the county department of human services; board of 13,550
alcohol, drug addiction, and mental health services; or county 13,551
board of mental retardation and developmental disabilities 13,552
DEPARTMENT OR LOCAL AGENCY on the basis of evidence of misuse or 13,553
improper accounting of funds or substantial errors in 13,554
determinations of eligibility for which the provider is 13,555
responsible, to have conducted an independent audit of TITLE XX 13,556
expenditures or determinations of eligibility, or both under the 13,557
program, and TO make copies of the audit available to the county 13,558
department of human services; board of alcohol, drug addiction, 13,559
and mental health services; county board of mental retardation 13,560
and developmental disabilities, or department of human services, 13,561
mental health, or mental retardation and developmental 13,562
disabilities DEPARTMENT OR LOCAL AGENCY contracting for the 13,563
services. The amount of any adverse findings against a provider 13,565
shall not be subject to payment from combined federal and state 13,566
funds or local share. A department or board may terminate or 13,567
refuse to enter into a provider contract on the basis of adverse 13,568
findings in an audit required under this division. The cost of 13,569
conducting audits required under this division shall be 13,570
reimbursed under a subsequent or amended provider contract. 13,571
(11); 13,573
(10) That the provider agrees to retain all records 13,575
pertaining to the provision of social services under the contract 13,576
for at least three years after the end of the period covered by 13,577
the contract and to make those records available for purposes of 13,578
any audit required under division (B)(10) of this section BY THE 13,579
DEPARTMENT OR LOCAL AGENCY CONTRACTING FOR SERVICES or conducted 13,580
by the COUNTY AUDITOR, THE auditor of state, the federal 13,581
government, or the department of human services, mental health, 13,582
or mental retardation and developmental disabilities. 13,583
325
(11) ANY OTHER TERMS THAT THE BOARD OF COUNTY 13,586
COMMISSIONERS OR THE COUNTY PROSECUTING ATTORNEY MAY REQUIRE. 13,587
(C) ANY OF THE THREE STATE DEPARTMENTS OR THEIR RESPECTIVE 13,590
LOCAL AGENCIES MAY TERMINATE OR REFUSE TO ENTER INTO A PROVIDER 13,591
CONTRACT IF THERE ARE ADVERSE FINDINGS IN AN AUDIT THE DEPARTMENT 13,592
OR AGENCY REQUIRES TO BE CONDUCTED ON THE BASIS OF EVIDENCE OF 13,593
MISUSE OR IMPROPER ACCOUNTING OF FUNDS OR SUBSTANTIAL ERRORS IN 13,594
DETERMINATIONS OF ELIGIBILITY FOR WHICH THE PROVIDER IS 13,595
RESPONSIBLE. 13,596
THE AMOUNT OF ANY ADVERSE FINDINGS AGAINST A PROVIDER SHALL 13,599
NOT BE SUBJECT TO PAYMENT FROM THE FEDERAL FUNDS APPROPRIATED 13,600
UNDER DIVISION (A) OF SECTION 5101.462 OF THE REVISED CODE, ANY 13,601
STATE FUNDS APPROPRIATED SPECIFICALLY TO SUPPLEMENT THOSE FEDERAL 13,602
FUNDS, OR ANY LOCAL SHARE OF TITLE XX FUNDS. 13,603
THE COST OF CONDUCTING AN AUDIT REQUIRED BY A DEPARTMENT OR 13,606
ITS RESPECTIVE LOCAL AGENCY SHALL BE REIMBURSED UNDER A 13,607
SUBSEQUENT OR AMENDED PROVIDER CONTRACT.
(C)(D) Purchases of child day-care under the WITH Title XX 13,610
program FUNDS shall be made under a contract entered into by the 13,611
provider of the services and the county department of human 13,613
services in accordance with section 5104.32 of the Revised Code. 13,614
(D)(E) The departments of human services, mental health, 13,616
and mental retardation and developmental disabilities shall adopt 13,617
rules pursuant to section 111.15 IN ACCORDANCE WITH CHAPTER 119. 13,619
of the Revised Code establishing sanctions against providers of 13,620
services for noncompliance with the contract provisions required 13,621
under division (B) of this section or for an adverse audit 13,622
finding made under division (B)(10) of this section IN AN AUDIT 13,623
REQUIRED BY THE DEPARTMENT OR LOCAL AGENCY CONTRACTING FOR 13,624
SERVICES.
(E)(F) Except with regard to child day-care services, each 13,626
county department of human services; board of alcohol, drug 13,627
addiction, and mental health services; and county board of mental 13,628
retardation and developmental disabilities OF THE DEPARTMENTS AND 13,629
326
THEIR RESPECTIVE LOCAL AGENCIES shall establish a limit on its 13,631
reimbursement of the unit costs of providers of services under 13,632
contract with the department or board LOCAL AGENCY. 13,633
(F)(G) The county departments of human services; boards of 13,635
alcohol, drug addiction, and mental health services; and county 13,636
boards of mental retardation and developmental disabilities 13,637
DEPARTMENTS AND THEIR RESPECTIVE LOCAL AGENCIES shall determine 13,639
the eligibility of persons each serves directly. They THE
RESPECTIVE LOCAL AGENCIES shall also complete MONTHLY, QUARTERLY, 13,641
OR semiannual reports for THE services provided THEY PROVIDE 13,642
directly in the same format as that required under division 13,643
(B)(3) of this section OF PROVIDERS UNDER CONTRACT TO PROVIDE 13,644
SERVICES. Each county department of human services; board of 13,646
alcohol, drug addiction, and mental health services; and county 13,647
board of mental retardation and developmental disabilities LOCAL 13,648
AGENCY shall retain records pertaining to Title XX social 13,651
services for at least three years. The departments and boards 13,652
LOCAL AGENCIES shall provide their respective state departments 13,653
with copies of provider monthly reports and the semiannual 13,654
reports on direct services within thirty days of the end of each 13,655
six-month REPORTING period. EACH LOCAL AGENCY ALSO SHALL SUBMIT 13,657
TO ITS RESPECTIVE STATE DEPARTMENT A COPY OF EACH REPORT RECEIVED
FROM THE PROVIDERS WITH WHICH THEY CONTRACT. THE COPY SHALL BE 13,658
SUBMITTED WITHIN THIRTY DAYS AFTER THE LOCAL AGENCY RECEIVES THE 13,659
REPORT FROM THE PROVIDER.
(G) No county department of human services; board of 13,661
alcohol, drug addiction, and mental health services; or county 13,662
board of mental retardation and developmental disabilities shall 13,663
require fees or other charges from a provider of services as a 13,664
condition for receiving a contract for the purchase of services. 13,665
(H) The county department of human services may make 13,667
eligibility determinations if it concludes that doing so would 13,668
benefit clients or result in more efficient operation 13,669
ADMINISTRATION OR PROVISION of the Title XX social services 13,670
327
program in the county, or if it concludes that a provider is 13,671
making unsatisfactory eligibility determinations. 13,672
Sec. 5101.464. (A) The FOR EACH STATE FISCAL YEAR, THE 13,681
departments of human services, mental health, and mental 13,682
retardation and developmental disabilities shall, no later than 13,684
one hundred eighty days following the end of each biennium, 13,685
prepare a report of the number of persons served and expenditures 13,686
for each service and eligibility category. During the biennium 13,687
ON ITS ACTIVITIES CARRIED OUT WITH THE FUNDS IT RECEIVES FOR 13,688
TITLE XX SOCIAL SERVICES. THE REPORTS SHALL BE COMPLETED NOT 13,690
LATER THAN ONE HUNDRED EIGHTY DAYS FOLLOWING THE END OF THE 13,691
FISCAL YEAR. IN COMPLETING THE REPORTS, THE DEPARTMENTS AND 13,692
THEIR RESPECTIVE LOCAL AGENCIES SHALL PROVIDE INFORMATION AS 13,693
NECESSARY TO COMPLETE THE REPORTS IN ACCORDANCE WITH DIVISION (B) 13,694
OF SECTION 5101.97 OF THE REVISED CODE. THE DEPARTMENTS OF
MENTAL HEALTH AND MENTAL RETARDATION AND DEVELOPMENTAL 13,695
DISABILITIES SHALL SUBMIT THEIR REPORTS TO the department of 13,697
human services, WHICH shall combine the reports from the 13,698
departments of mental health and mental retardation and 13,699
developmental disabilities with its report and. ON COMPLETION OF 13,700
THE COMBINED REPORT, THE DEPARTMENT shall submit a copy of the 13,701
combined report to the governor, the speaker of the house of 13,702
representatives, the president of the senate, and the secretary 13,704
OF THE UNITED STATES DEPARTMENT of health and human services. 13,706
The
THE department of human services shall make all reports 13,708
received under this division available for inspection by the 13,709
public.
(B) Not less often than every two years, each department 13,711
shall commission an entity independent of the department to 13,712
conduct an audit of the department's TITLE XX expenditures under 13,714
the Title XX program, in accordance with generally accepted 13,715
auditing principles. Within thirty days following the completion 13,716
of each audit, each department shall submit a copy of its audit 13,717
328
to the general assembly and to the secretary UNITED STATES 13,719
DEPARTMENT of health and human services.
Sec. 5101.465. WITH THE APPROVAL OF THE CONTROLLING BOARD, 13,722
THE DEPARTMENT OF HUMAN SERVICES MAY TRANSFER STATE OR FEDERAL 13,723
FUNDS APPROPRIATED FOR PURPOSES OF CHAPTER 5107. OF THE REVISED 13,724
CODE TO BE USED FOR THE PROVISION OF TITLE XX SOCIAL SERVICES. 13,726
NOTWITHSTANDING THE PROVISIONS OF SECTIONS 5101.46 AND 5101.462 13,727
OF THE REVISED CODE THAT SPECIFY THE MANNER IN WHICH TITLE XX 13,730
FUNDS ARE TO BE DISTRIBUTED, THE DEPARTMENT MAY DIRECT THE FUNDS 13,731
TRANSFERRED UNDER THIS SECTION SOLELY TO THE COUNTY DEPARTMENT OF 13,732
HUMAN SERVICES OR A PUBLIC CHILDREN SERVICES AGENCY TO BE USED AS 13,733
DIRECTED BY THE DEPARTMENT. 13,734
THE DEPARTMENT MAY ADOPT RULES IN ACCORDANCE WITH CHAPTER 13,737
119. OF THE REVISED CODE AS NECESSARY TO IMPLEMENT THIS SECTION. 13,738
THE RULES MAY DESIGNATE THE SOCIAL SERVICES FOR WHICH THE FUNDS 13,739
TRANSFERRED UNDER THIS SECTION MAY BE USED, ESTABLISH ELIGIBILITY 13,740
CRITERIA TO BE USED IN PROVIDING SOCIAL SERVICES WITH THE FUNDS, 13,741
AND ESTABLISH OTHER CONDITIONS OR REQUIREMENTS FOR THE PROVISION 13,742
OF SOCIAL SERVICES WITH FUNDS RECEIVED PURSUANT TO THIS SECTION. 13,743
THE RULES SHALL BE CONSISTENT WITH 42 U.S.C.A. 604(d). 13,744
Sec. 5101.54. (A) The department of human services shall 13,753
administer THE food stamp assistance under PROGRAM IN ACCORDANCE 13,755
WITH the "Food Stamp Act of 1977," 78 91 Stat. 703 958, 7 13,756
U.S.C.A. 2011, as amended. The department may: 13,758
(1) Prepare and submit to the secretary of the United 13,760
States department of agriculture a plan for the administration of 13,761
the food stamp program; 13,762
(2) Prescribe forms for applications, certificates, 13,764
reports, records, and accounts of county departments of human 13,765
services, and other matters; 13,766
(3) Require such reports and information from each county 13,768
department of human services as may be necessary and advisable; 13,769
(4) Administer and expend any sums appropriated by the 13,771
general assembly for the purposes of this section and all sums 13,772
329
paid to the state by the United States as authorized by the Food 13,773
Stamp Act of 1977; 13,774
(5) Conduct such investigations as are necessary; 13,776
(6) Enter into interagency agreements and cooperate with 13,778
investigations conducted by the department of public safety, 13,779
including providing information for investigative purposes, 13,780
exchanging property and records, passing through federal 13,781
financial participation, modifying any agreements with the United 13,782
States department of agriculture, providing for the supply, 13,783
security, and accounting of food stamp coupons for investigative 13,784
purposes, and meeting any other requirements necessary for the
detection and deterrence of illegal activities in the state food 13,785
stamp program; 13,786
(7) Adopt rules for participation by IN ACCORDANCE WITH 13,789
CHAPTER 119. OF THE REVISED CODE GOVERNING EMPLOYMENT AND
TRAINING REQUIREMENTS OF recipients of food stamps in the JOBSprogram established under sections 5101.80 to 5101.94 STAMP 13,794
BENEFITS, INCLUDING RULES SPECIFYING WHICH RECIPIENTS ARE SUBJECT 13,795
TO THE REQUIREMENTS AND ESTABLISHING SANCTIONS FOR FAILURE TO 13,796
SATISFY THE REQUIREMENTS. THE RULES SHALL BE CONSISTENT WITH 7 13,797
U.S.C.A. 2015 AND, TO THE EXTENT PRACTICABLE, MAY PROVIDE FOR 13,798
FOOD STAMP BENEFIT RECIPIENTS TO UTILIZE EMPLOYMENT AND TRAINING 13,799
PROGRAMS ESTABLISHED UNDER CHAPTER 5107. of the Revised Code as 13,801
required by the "Food Security Act," 99 Stat. 1354 (1985), THAT 13,802
ARE COMPARABLE TO PROGRAMS AUTHORIZED BY 7 U.S.C.A. 2011, as 13,803
amended; 2015(d)(4). THE RULES MAY REFERENCE RULES ADOPTED UNDER 13,804
CHAPTER 5107. OF THE REVISED CODE GOVERNING EMPLOYMENT AND 13,805
TRAINING PROGRAMS ESTABLISHED UNDER THAT CHAPTER.
(8) Provide, by rule or otherwise, for procedures to carry 13,807
out ADOPT RULES IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED 13,809
CODE THAT ARE CONSISTENT WITH THE FOOD STAMP ACT OF 1977, AS 13,810
AMENDED, AND REGULATIONS PROMULGATED THEREUNDER GOVERNING THE 13,811
FOLLOWING:
(a) ELIGIBILITY REQUIREMENTS FOR THE FOOD STAMP PROGRAM; 13,813
330
(b) SANCTIONS FOR FAILURE TO COMPLY WITH ELIGIBILITY 13,815
REQUIREMENTS; 13,816
(c) ALLOTMENT OF FOOD STAMP COUPONS; 13,818
(d) TO THE EXTENT PERMITTED UNDER FEDERAL STATUTES AND 13,820
REGULATIONS, A SYSTEM UNDER WHICH SOME OR ALL RECIPIENTS OF FOOD 13,821
STAMP BENEFITS SUBJECT TO EMPLOYMENT AND TRAINING REQUIREMENTS 13,822
ESTABLISHED BY RULES ADOPTED UNDER DIVISION (A)(7) OF THIS 13,824
SECTION RECEIVE FOOD STAMP BENEFITS AFTER SATISFYING THE
REQUIREMENTS; 13,825
(e) ADMINISTRATION OF THE PROGRAM BY COUNTY DEPARTMENTS OF 13,827
HUMAN SERVICES; 13,828
(f) OTHER REQUIREMENTS NECESSARY FOR THE efficient 13,830
administration of the program by county departments of human 13,832
services.
(9) SUBMIT A PLAN TO THE UNITED STATES SECRETARY OF 13,835
AGRICULTURE FOR THE DEPARTMENT TO OPERATE A SIMPLIFIED FOOD STAMP 13,836
PROGRAM PURSUANT TO 7 U.S.C.A. 2035 UNDER WHICH REQUIREMENTS 13,838
GOVERNING ASSISTANCE PROVIDED UNDER CHAPTER 5107. OF THE REVISED 13,839
CODE ALSO GOVERN THE FOOD STAMP PROGRAM IN THE CASE OF HOUSEHOLDS 13,840
RECEIVING FOOD STAMP BENEFITS AND ASSISTANCE UNDER THAT CHAPTER. 13,841
(B) Except while in the custody of the United States 13,843
postal service, food stamps and any document necessary to obtain 13,844
food stamps are the property of the department of human services 13,845
from the time they are received in accordance with federal 13,846
regulations by the department from the federal agency responsible 13,847
for such delivery until they are received by a household entitled 13,848
to receive them or by the authorized representative of the 13,849
household. 13,850
(C) A household that is entitled to receive food stamps 13,852
under the "Food Stamp Act of 1977," 78 91 Stat. 703 958, 7 13,855
U.S.C.A. 2011, as amended, and that is determined to be in
immediate need of food assistance, shall receive certification of 13,856
eligibility for program benefits, pending verification, within 13,858
twenty-four SEVENTY-TWO hours after application, if:
331
(1) The results of the application interview indicate that 13,860
the household will be eligible upon full verification; 13,861
(2) Information sufficient to confirm the statements in 13,863
the application has been obtained from at least one additional 13,864
source, not a member of the applicant's household. Such 13,865
information shall be recorded in the case file, and shall 13,866
include: 13,867
(a) The name of the person who provided the name of the 13,869
information source; 13,870
(b) The name and address of the information source; 13,872
(c) A summary of the information obtained. 13,874
The period of temporary eligibility shall not exceed one 13,876
month from the date of certification of temporary eligibility. 13,877
If eligibility is established by full verification, benefits 13,878
shall continue without interruption as long as eligibility 13,879
continues. 13,880
(D) All applications shall be approved or denied through 13,882
full verification within thirty days from receipt of the 13,883
application by the county department of human services. 13,884
(E) Nothing in this section shall be construed to prohibit 13,886
the certification of households that qualify under federal 13,887
regulations to receive food stamps without charge under the "Food 13,888
Stamp Act of 1964 1977," 78 91 Stat. 703 958, 7 U.S.C.A. 2011, as 13,890
amended. 13,891
(F) Any person who applies for food stamps under this 13,893
section shall receive a voter registration application under 13,894
section 3503.10 of the Revised Code.
Sec. 5101.544. Subject to the terms and conditions of IF 13,904
THE BENEFITS OF A HOUSEHOLD ARE REDUCED UNDER A FEDERAL, STATE, 13,905
OR LOCAL MEANS-TESTED PUBLIC ASSISTANCE PROGRAM FOR FAILURE OF A 13,906
MEMBER OF THE HOUSEHOLD TO PERFORM AN ACTION REQUIRED UNDER THE 13,907
PROGRAM, THE HOUSEHOLD MAY NOT RECEIVE, FOR THE DURATION OF THE 13,908
REDUCTION, AN INCREASED ALLOTMENT OF FOOD STAMP BENEFITS AS THE 13,909
RESULT OF A DECREASE IN THE INCOME OF THE HOUSEHOLD TO THE EXTENT 13,910
332
THAT THE DECREASE IS THE RESULT OF THE REDUCTION. TO THE EXTENT 13,911
FEDERAL LAW AND REGULATIONS OR A federal waivers granted pursuant 13,913
to an application made under section 5101.09 of the Revised Code, 13,914
a sanction or WAIVER PERMIT, AN incentive payment under the LEAP 13,915
program established under section 5107.30 of the Revised Code and 13,917
a sanction under the JOBS program established under sections 13,918
5101.80 to 5101.94 of the Revised Code shall not change the 13,919
amount RESULT IN A DECREASE IN THE ALLOTMENT of food stamps a 13,921
food stamps recipient is eligible to receive STAMP BENEFITS A 13,922
HOUSEHOLD RECEIVES. 13,923
If any provision of this section conflicts with the terms 13,925
and conditions of a federal waiver granted pursuant to an 13,926
application made under section 5101.09 THE DEPARTMENT OF HUMAN 13,927
SERVICES SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. of the 13,929
Revised Code, TO IMPLEMENT THIS SECTION. THE RULES SHALL BE
CONSISTENT WITH 7 U.S.C.A. 2017(d), FEDERAL REGULATIONS, AND the 13,931
terms and conditions of the federal waiver prevail AUTHORIZING 13,932
THE LEAP PROGRAM.
Sec. 5101.58. The acceptance of aid pursuant to Chapter 13,941
5107., 5111., or 5115. of the Revised Code gives a right of 13,943
subrogation to the department of human services and the
department of human services of any county against the liability 13,944
of a third party for the cost of medical services and care 13,945
arising out of injury, disease, or disability of the recipient. 13,946
When an action or claim is brought against a third party by a 13,947
recipient of aid under Chapter 5107., 5111., or 5115. of the 13,949
Revised Code, the entire amount of any settlement or compromise 13,950
of the action or claim, or any court award or judgment, is 13,951
subject to the subrogation right of the department of human 13,952
services or the department of human services of any county. The 13,953
department's subrogated claim shall not exceed the amount of 13,954
medical expenses paid by the departments on behalf of the 13,955
recipient. Any settlement, compromise, judgment, or award that 13,956
excludes the cost of medical services or care shall not preclude 13,957
333
the departments from enforcing their rights under this section. 13,958
Prior to initiating any recovery action, the recipient or 13,960
his THE RECIPIENT'S representative shall disclose the identity of 13,962
any third party against whom the recipient has or may have a 13,963
right of recovery. Disclosure shall be made to the department of 13,964
human services when medical expenses have been paid pursuant to 13,965
Chapter 5107., 5111., or 5115. of the Revised Code. Disclosure 13,966
shall be made to both the department of human services and the 13,967
appropriate county department of human services when medical 13,968
expenses have been paid pursuant to Chapter 5115. of the Revised 13,969
Code. No settlement, compromise, judgment, or award or any 13,970
recovery in any action or claim by a recipient where the 13,971
departments have a right of subrogation shall be made final 13,972
without first giving the appropriate departments notice and a 13,973
reasonable opportunity to perfect their rights of subrogation. 13,974
If the departments are not given appropriate notice, the 13,975
recipient is liable to reimburse the departments for the recovery 13,976
received to the extent of medical payments made by the 13,977
departments. The departments shall be permitted to enforce their 13,978
subrogation rights against the third party even though they 13,979
accepted prior payments in discharge of their rights under this 13,980
section if, at the time the departments received such payments, 13,981
they were not aware that additional medical expenses had been 13,982
incurred but had not yet been paid by the departments. The third 13,983
party becomes liable to the department of human services or 13,984
county department of human services as soon as the third party is 13,985
notified in writing of the valid claims for subrogation under 13,986
this section.
Subrogation does not apply to that portion of any judgment, 13,988
award, settlement, or compromise of a claim, to the extent of 13,989
attorneys' fees, costs, or other expenses incurred by a recipient 13,990
in securing the judgment, award, settlement, or compromise, or to 13,991
the extent of medical, surgical, and hospital expenses paid by 13,992
such recipient from his THE RECIPIENT'S own resources. Attorney 13,993
334
fees and costs or other expenses in securing any recovery shall 13,995
not be assessed against any subrogated claims of the departments. 13,996
To enforce their subrogation rights, the departments may do 13,998
any of the following: 13,999
(A) Intervene or join in any action or proceeding brought 14,001
by the recipient or on his THE RECIPIENT'S behalf against any 14,002
third party who may be liable for the cost of medical services 14,004
and care arising out of the recipient's injury, disease, or 14,005
disability;
(B) Institute and pursue legal proceedings against any 14,007
third party who may be liable for the cost of medical services 14,008
and care arising out of the recipient's injury, disease, or 14,009
disability; 14,010
(C) Initiate legal proceedings in conjunction with the 14,012
injured, diseased, or disabled recipient or his THE RECIPIENT'S 14,013
legal representative. 14,015
Subrogation rights created by this section may be enforced 14,017
separately or jointly by the department of human services and the 14,018
county department of human services. 14,019
The right of subrogation given to the department under this 14,021
section does not include rights to support from any other person 14,022
assigned to the state under sections 5107.07 5107.11 and 5115.13 14,024
of the Revised Code, but includes payments made by a third party 14,025
under contract with a person having a duty to support. 14,026
Sec. 5101.59. (A) The application for or acceptance of 14,035
aid under Chapter 5107., 5111., or 5115. of the Revised Code 14,037
constitutes an automatic assignment of certain rights to the
department of human services. This assignment includes the 14,038
rights of the applicant or recipient and also the rights of any 14,039
other member of the assistance group for whom the applicant or 14,040
recipient can legally make an assignment. 14,041
Pursuant to this section, the applicant or recipient 14,043
assigns to the department any rights to medical support available 14,044
to him THE RECIPIENT or for other members of the assistance group 14,046
335
under an order of a court or administrative agency, and any 14,047
rights to payments from any third party liable to pay for the 14,048
cost of medical care and services arising out of injury, disease, 14,049
or disability of the applicant or recipient or other members of 14,050
the assistance group. 14,051
Medicare benefits shall not be assigned pursuant to this 14,053
section. Benefits assigned to the department by operation of 14,054
this section are directly reimbursable to the department by 14,055
liable third parties. 14,056
(B) Refusal by the applicant or recipient to cooperate in 14,058
obtaining medical support and payments for himself SELF or any 14,059
other member of the assistance group renders the applicant or 14,061
recipient ineligible for assistance, unless cooperation is waived 14,062
by the department. Eligibility shall continue for any individual 14,063
who cannot legally assign his THE INDIVIDUAL'S own rights and who 14,064
would have been eligible for assistance but for the refusal to 14,066
assign his THE INDIVIDUAL'S rights or to cooperate as required by 14,068
this section by another person legally able to assign his THE 14,069
INDIVIDUAL'S rights.
If the applicant or recipient or any member of the 14,071
assistance group becomes ineligible for aid under Chapter 5107., 14,072
5111., or 5115. of the Revised Code, the department shall restore 14,074
to him THE APPLICANT, RECIPIENT, OR MEMBER OF THE ASSISTANCE 14,075
GROUP any future rights to benefits assigned under this section. 14,076
The rights of assignment given to the department under this 14,078
section do not include rights to support assigned under section 14,079
5107.07 5107.11 or 5115.13 of the Revised Code. 14,080
(C) THE DEPARTMENT MAY ADOPT RULES IN ACCORDANCE WITH 14,083
CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT THIS SECTION,
INCLUDING RULES THAT SPECIFY WHAT CONSTITUTES COOPERATING WITH 14,084
EFFORTS TO OBTAIN MEDICAL SUPPORT AND PAYMENTS AND WHEN THE 14,085
COOPERATION REQUIREMENT MAY BE WAIVED.
Sec. 5101.95. (A) The department of human services may 14,094
require, as a condition of continued eligibility for assistance, 14,095
336
proof of immunizations of all children under age nineteen in 14,096
assistance groups receiving benefits under any of the following: 14,097
(1) The OHIO WORKS COMPONENT OF THE OHIO WORKS FIRST 14,099
PROGRAM ESTABLISHED UNDER CHAPTER 5107. OF THE REVISED CODE OR 14,100
THE disability assistance program established under Chapter 5115. 14,102
of the Revised Code;
(2) To the extent permitted by federal law, the aid to 14,104
dependent children program established under Chapter 5107. of the 14,105
Revised Code, the medical assistance program established under 14,106
section 5111.01 of the Revised Code, or Title XX of the "Social 14,107
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended. 14,108
The immunizations for which the department may require 14,110
proof under this section may only include immunization against 14,111
mumps, poliomyelitis, diphtheria, pertussis, tetanus, rubeola, 14,112
and rubella. The department shall not require proof of 14,113
immunization of applicants for assistance who are not currently 14,114
receiving assistance. 14,115
The department may pay the cost of the immunizations. If 14,117
the department does not pay the cost, boards of health shall 14,118
provide at the public expense, without delay, the immunizations 14,119
required for assistance groups to continue eligibility for 14,120
assistance. 14,121
(B) If the department of human services implements 14,123
division (A) of this section and a member of an aid to dependent 14,124
children assistance group RECEIVING BENEFITS UNDER THE OHIO WORKS 14,125
COMPONENT who is responsible for another member of the assistance 14,126
group for whom proof of immunization is required as condition of 14,127
eligibility for aid to dependent children OHIO WORKS fails to 14,128
provide the proof, ineligibility for aid to dependent children 14,130
OHIO WORKS shall result as follows: 14,132
(1) For a first failure, the responsible member of the 14,134
assistance group is ineligible for aid to dependent children 14,135
until the failure ceases or one payment month, whichever is 14,136
longer COUNTY DEPARTMENT OF HUMAN SERVICES SHALL ISSUE A WRITTEN 14,138
337
WARNING TO THE ASSISTANCE GROUP ADVISING THAT A SECOND OR 14,139
SUBSEQUENT VIOLATION WILL RESULT IN SANCTION UNDER DIVISION 14,141
(B)(2) OR (3) OF THIS SECTION;
(2) For a second failure, each member of the assistance 14,143
group is ineligible for aid to dependent children until the 14,144
failure ceases or one payment month, whichever is longer; 14,145
(3) For a third OR SUBSEQUENT failure, each member of the 14,147
assistance group is ineligible for aid to dependent children 14,148
until the failure ceases or two SIX payment months, whichever is 14,149
longer; 14,150
(4) For a fourth or subsequent failure, each member of the 14,153
assistance group is ineligible for aid to dependent children
until the failure ceases or six payment months, whichever is 14,154
longer.
(C) If a MINOR CHILD recipient of aid to dependent 14,157
children under age eighteen THE OHIO WORKS COMPONENT is a member 14,158
of an assistance group sanctioned under division (B)(2), OR (3), 14,160
or (4) of this section, the sanction applied to the recipient 14,161
shall cease if the recipient ceases to reside with a specified 14,162
relative, as defined by rules adopted pursuant to section 5107.03 14,164
of the Revised Code, AN ADULT who was a member of the sanctioned 14,166
assistance group, unless the recipient is the responsible member 14,167
of the assistance group who caused the sanction. The sanction
shall continue for all other members of the assistance group for 14,168
the amount of time specified in division (B)(2), OR (3), or (4) 14,170
of this section. AS USED IN THIS DIVISION, "ADULT" AND "MINOR 14,171
CHILD" HAVE THE SAME MEANINGS AS IN SECTION 5107.01 OF THE 14,172
REVISED CODE.
(D) A person who would be eligible for aid to dependent 14,175
children BENEFITS UNDER THE OHIO WORKS COMPONENT if not for this 14,176
section is eligible for medical assistance under Chapter 5111. of 14,177
the Revised Code.
(E) The department OF HUMAN SERVICES may adopt rules in 14,179
accordance with section 111.15 CHAPTER 119. of the Revised Code 14,182
338
to implement this section.
Sec. 5101.97. (A) Not later than January 1, 1996, and the 14,192
first day of each July and January thereafter, the department of 14,195
human services shall submit four reports, one for each of the 14,196
following:
(A) The job opportunities and basic skills training 14,198
program (1) WORK ACTIVITIES AND ALTERNATIVE WORK ACTIVITIES 14,199
established under section 5101.81 SECTIONS 5107.40 TO 5107.68 of 14,201
the Revised Code; 14,202
(B)(2) Programs of publicly funded child day-care, as 14,204
defined in section 5104.01 of the Revised Code; 14,206
(C)(3) Child support enforcement programs; 14,208
(D)(4) Births to recipients of the medical assistance 14,210
program established under Chapter 5111. of the Revised Code. 14,212
The department shall submit the four semiannual reports to 14,215
the speaker and minority leader of the house of representatives, 14,216
the president and minority leader of the senate, the legislative 14,217
budget officer, the director of budget and management, and each 14,218
board of county commissioners. Each report shall address the 14,219
six-month period that ended six months prior to the deadline for 14,220
the report to be submitted. The department shall provide copies 14,221
of each report to any person or government entity on request. 14,222
In designing the format for each report, the department 14,224
shall consult with individuals, organizations, and government 14,225
entities interested in the operation of the program to which the 14,226
report will pertain, so that it is designed to enable the general 14,228
assembly and the public to evaluate the program's effectiveness 14,229
and identify any needs the program is not meeting. The 14,230
department shall complete the format for each of the four reports
no later than September 30, 1995. 14,231
(B) WHENEVER THE FEDERAL GOVERNMENT REQUIRES THAT THE 14,234
DEPARTMENT SUBMIT A REPORT ON A PROGRAM THAT IS OPERATED BY THE 14,235
DEPARTMENT OR IS OTHERWISE UNDER THE DEPARTMENT'S JURISDICTION, 14,236
THE DEPARTMENT SHALL PREPARE AND SUBMIT THE REPORT IN ACCORDANCE 14,237
339
WITH THE FEDERAL REQUIREMENTS APPLICABLE TO THAT REPORT. TO THE 14,238
EXTENT POSSIBLE, THE DEPARTMENT MAY COORDINATE THE PREPARATION 14,239
AND SUBMISSION OF A PARTICULAR REPORT WITH ANY OTHER REPORT, 14,240
PLAN, OR OTHER DOCUMENT REQUIRED TO BE SUBMITTED TO THE FEDERAL 14,241
GOVERNMENT, AS WELL AS WITH THE REPORTS REQUIRED TO BE SUBMITTED 14,242
TO THE GENERAL ASSEMBLY, INCLUDING THE REPORTS PREPARED PURSUANT 14,243
TO THIS SECTION AND SECTIONS 5101.14, 5101.324, 5101.46, 14,244
5101.461, 5101.464, 5101.71, 5103.154, 5104.39, 5107.18, 5111.09, 14,245
5111.34, 5111.341, AND 5115.012 OF THE REVISED CODE. 14,248
Sec. 5101.99. (A) Except as provided under section 14,257
5101.88 or 5101.881 of the Revised Code, any person, other than 14,260
an employer of persons under sections 5101.80 to 5101.94 of the 14,261
Revised Code, who violates section 5101.94 of the Revised Code 14,263
shall be denied assistance under Chapter 5107. of the Revised 14,265
Code for six months following the determination of such 14,266
violation.
(B) Any employer who violates section 5101.94 of the 14,268
Revised Code shall be subject to a fine of one thousand dollars 14,269
and imprisonment for six months. 14,270
(C) Whoever violates division (A) or (B) of section 14,272
5101.61 of the Revised Code shall be fined not more than five 14,274
hundred dollars.
(D)(B) Whoever violates division (F) of section 5101.31 of 14,277
the Revised Code shall be fined not more than five hundred
dollars, or imprisoned not more than six months, or both. 14,279
(C) WHOEVER VIOLATES DIVISION (A) OF SECTION 5101.27 OF 14,282
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 14,291
the Revised Code: 14,292
(A) "Institution" or "association" includes any 14,294
incorporated or unincorporated organization, society, 14,295
association, or agency, public or private, that receives or cares 14,296
for children for two or more consecutive weeks; any individual 14,298
who, for hire, gain, or reward, receives or cares for children 14,299
340
for two or more consecutive weeks, unless the individual is
related to them by blood or marriage; and any individual not in 14,300
the regular employ of a court, or of an institution or 14,302
association certified in accordance with section 5103.03 of the 14,303
Revised Code, who in any manner becomes a party to the placing of 14,304
children in foster homes, unless the individual is related to 14,305
such children by blood or marriage, or is the appointed guardian
of such children; provided, that any organization, society, 14,306
association, school, agency, child guidance center, detention or 14,307
rehabilitation facility, or children's clinic licensed, 14,308
regulated, approved, operated under the direction of, or 14,309
otherwise certified by the department of education, a local board 14,310
of education, the department of youth services, the department of 14,311
mental health, or the department of mental retardation and 14,312
developmental disabilities, or any individual who provides care 14,313
for only a single-family group, placed there by their parents or 14,314
other relative having custody, shall not be considered as being 14,315
within the purview of these sections. 14,316
(B) "Family foster home," "foster home," "private child 14,319
placing agency," "private noncustodial agency," "public children 14,320
services agency," and "treatment foster home" have HAS the same 14,321
meanings MEANING as in section 2151.011 of the Revised Code. 14,322
(C) "TREATMENT FOSTER HOME" MEANS A FAMILY FOSTER HOME 14,324
THAT INCORPORATES SPECIAL PSYCHOLOGICAL OR MEDICAL TREATMENT 14,325
DESIGNED TO CARE FOR THE SPECIFIC NEEDS OF THE CHILDREN RECEIVED 14,326
IN THE FAMILY FOSTER HOME AND THAT RECEIVES AND CARES FOR 14,327
CHILDREN WHO ARE EMOTIONALLY OR BEHAVIORALLY DISTURBED, MEDICALLY 14,328
FRAGILE REQUIRING SPECIAL MEDICAL TREATMENT DUE TO PHYSICAL
AILMENT OR CONDITION, MENTALLY RETARDED, OR DEVELOPMENTALLY 14,329
DISABLED.
Sec. 5103.154. (A) Information concerning all children 14,339
who are, pursuant to section 2151.353 or 5103.15 of the Revised 14,340
Code, in the permanent custody of an institution or association 14,341
certified by the department of human services under section
341
5103.03 of the Revised Code shall be listed with the department 14,342
of human services within ninety days after permanent custody is 14,344
effective, unless the child has been placed for adoption or 14,345
unless an application for placement was initiated under section 14,346
5103.16 of the Revised Code.
(B) All persons who wish to adopt children, and are 14,348
approved by an agency so empowered under this chapter, shall be 14,349
listed with the department of human services within ninety days 14,350
of approval, unless a person requests in writing that that 14,351
person's name not be so listed, or has had a child placed in that 14,353
person's home in preparation for adoption, or has filed a 14,354
petition for adoption.
(C) All persons who wish to adopt a child with special 14,356
needs as defined in rules adopted under section 5153.163 of the 14,357
Revised Code, and who are approved by an agency so empowered 14,358
under this chapter, shall be listed separately by the department 14,359
of human services within ninety days of approval, unless a person 14,360
requests in writing that that person's name not be so listed, or 14,361
has had a child with special needs placed in that person's home 14,362
in preparation for adoption, or has filed a petition for 14,364
adoption.
(D) The department shall forward information on such 14,366
children and listed persons at least quarterly, to all county 14,367
departments of human services, county PUBLIC children services 14,368
boards, AGENCIES and all certified agencies. 14,369
(E) The appropriate listed names shall be removed when a 14,371
child is placed in an adoptive home or when a person withdraws an 14,372
application for adoption. 14,373
(F) No later than six months after the end of each fiscal 14,375
year, the department of human services shall compile a report of 14,376
its conclusions regarding the effectiveness of its actions 14,377
pursuant to this section and of the restrictions on placement 14,378
under division (E) of section 5153.163 of the Revised Code in 14,380
increasing adoptive placements of children with special needs,
342
together with its recommendations, and shall submit a copy of the 14,381
report to the chairpersons of the principal committees of the 14,382
senate and the house of representatives who consider welfare 14,383
legislation.
Sec. 5104.01. As used in this chapter: 14,393
(A) "ADJUSTED INCOME" MEANS INCOME, AS DEFINED IN RULES 14,396
ADOPTED UNDER SECTION 5107.07 OF THE REVISED CODE, MINUS ANY
ADJUSTMENTS ALLOWED IN RULES ADOPTED UNDER SECTION 5104.38 OF THE 14,397
REVISED CODE.
(B) "ADMINISTRATOR" MEANS THE PERSON RESPONSIBLE FOR THE 14,399
DAILY OPERATION OF A CENTER OR TYPE A HOME. THE ADMINISTRATOR 14,400
AND THE OWNER MAY BE THE SAME PERSON. 14,401
(C) "APPROVED CHILD DAY CAMP" MEANS A CHILD DAY CAMP 14,403
APPROVED PURSUANT TO SECTION 5104.22 OF THE REVISED CODE. 14,404
(D) "AUTHORIZED PROVIDER" MEANS A PERSON AUTHORIZED BY A 14,406
COUNTY DIRECTOR OF HUMAN SERVICES TO OPERATE A CERTIFIED TYPE B 14,407
FAMILY DAY-CARE HOME. 14,408
(E) "AVERAGE HOURLY COST OF CARE" MEANS THE AVERAGE AMOUNT 14,410
CHARGED BY A PARTICULAR LICENSED CHILD DAY-CARE CENTER, LICENSED 14,411
TYPE A FAMILY DAY-CARE HOME, CERTIFIED TYPE B FAMILY DAY-CARE 14,412
HOME, CERTIFIED IN-HOME AIDE, APPROVED CHILD DAY CAMP, LICENSED 14,413
PRESCHOOL PROGRAM, OR LICENSED SCHOOL CHILD PROGRAM FOR PROVIDING 14,414
CHILD CARE SERVICES TO ONE CHILD FOR ONE HOUR, WHICH SHALL BE 14,415
CALCULATED FOR EACH AGE CATEGORY OF CHILD SERVED IN ACCORDANCE 14,416
WITH RULES ADOPTED PURSUANT TO CHAPTER 119. OF THE REVISED CODE. 14,417
(F) "CARETAKER PARENT" MEANS THE FATHER OR MOTHER OF A 14,419
CHILD WHOSE PRESENCE IN THE HOME IS NEEDED AS THE CARETAKER OF 14,420
THE CHILD, A PERSON WHO HAS LEGAL CUSTODY OF A CHILD AND WHOSE 14,421
PRESENCE IN THE HOME IS NEEDED AS THE CARETAKER OF THE CHILD, A 14,422
GUARDIAN OF A CHILD WHOSE PRESENCE IN THE HOME IS NEEDED AS THE 14,423
CARETAKER OF THE CHILD, AND ANY OTHER PERSON WHO STANDS IN LOCO 14,424
PARENTIS WITH RESPECT TO THE CHILD AND WHOSE PRESENCE IN THE HOME 14,425
IS NEEDED AS THE CARETAKER OF THE CHILD. 14,426
(G) "CERTIFIED TYPE B FAMILY DAY-CARE HOME" AND "CERTIFIED 14,429
343
TYPE B HOME" MEAN A TYPE B FAMILY DAY-CARE HOME THAT IS CERTIFIED 14,430
BY THE DIRECTOR OF THE COUNTY DEPARTMENT OF HUMAN SERVICES
PURSUANT TO SECTION 5104.11 OF THE REVISED CODE TO RECEIVE PUBLIC 14,431
FUNDS FOR PROVIDING CHILD DAY-CARE PURSUANT TO THIS CHAPTER AND 14,432
ANY RULES ADOPTED UNDER IT. 14,433
(H) "CHARTERED NONPUBLIC SCHOOL" MEANS A SCHOOL THAT MEETS 14,436
STANDARDS FOR NONPUBLIC SCHOOLS PRESCRIBED BY THE STATE BOARD OF 14,437
EDUCATION FOR NONPUBLIC SCHOOLS PURSUANT TO SECTION 3301.07 OF 14,438
THE REVISED CODE.
(I) "CHILD" INCLUDES AN INFANT, TODDLER, PRESCHOOL CHILD, 14,440
OR SCHOOL CHILD. 14,441
(J) "CHILD CARE BLOCK GRANT ACT" MEANS THE "CHILD CARE AND 14,444
DEVELOPMENT BLOCK GRANT ACT OF 1990," ESTABLISHED IN SECTION 5082 14,445
OF THE "OMNIBUS BUDGET RECONCILIATION ACT OF 1990," 104 STAT. 14,447
1388-236 (1990), 42 U.S.C. 9858, AS AMENDED.
(K) "CHILD DAY CAMP" MEANS A PROGRAM IN WHICH ONLY SCHOOL 14,449
CHILDREN ATTEND OR PARTICIPATE, THAT OPERATES FOR NO MORE THAN 14,450
SEVEN HOURS PER DAY, THAT OPERATES ONLY DURING ONE OR MORE PUBLIC 14,451
SCHOOL DISTRICT'S REGULAR VACATION PERIODS OR FOR NO MORE THAN 14,452
FIFTEEN WEEKS DURING THE SUMMER, AND THAT OPERATES OUTDOOR 14,453
ACTIVITIES FOR EACH CHILD WHO ATTENDS OR PARTICIPATES IN THE 14,454
PROGRAM FOR A MINIMUM OF FIFTY PER CENT OF EACH DAY THAT CHILDREN 14,455
ATTEND OR PARTICIPATE IN THE PROGRAM, EXCEPT FOR ANY DAY WHEN 14,456
HAZARDOUS WEATHER CONDITIONS PREVENT THE PROGRAM FROM OPERATING 14,457
OUTDOOR ACTIVITIES FOR A MINIMUM OF FIFTY PER CENT OF THAT DAY. 14,458
FOR PURPOSES OF THIS DIVISION, THE MAXIMUM SEVEN HOURS OF 14,459
OPERATION TIME DOES NOT INCLUDE TRANSPORTATION TIME FROM A 14,460
CHILD'S HOME TO A CHILD DAY CAMP AND FROM A CHILD DAY CAMP TO A 14,461
CHILD'S HOME. 14,462
(L) "Child day-care" means administering to the needs of 14,464
infants, toddlers, pre-school PRESCHOOL children, and school 14,465
children outside of school hours by persons other than their 14,466
parents or guardians, custodians, or relatives by blood, 14,467
marriage, or adoption for any part of the twenty-four-hour day in 14,468
344
a place or residence other than a child's own home. 14,469
(B)(M) "CHILD DAY-CARE CENTER" AND "CENTER" MEAN ANY PLACE 14,471
IN WHICH CHILD DAY-CARE OR PUBLICLY FUNDED CHILD DAY-CARE IS 14,473
PROVIDED FOR THIRTEEN OR MORE CHILDREN AT ONE TIME OR ANY PLACE 14,474
THAT IS NOT THE PERMANENT RESIDENCE OF THE LICENSEE OR 14,475
ADMINISTRATOR IN WHICH CHILD DAY-CARE OR PUBLICLY FUNDED CHILD 14,476
DAY-CARE IS PROVIDED FOR SEVEN TO TWELVE CHILDREN AT ONE TIME. 14,477
IN COUNTING CHILDREN FOR THE PURPOSES OF THIS DIVISION, ANY 14,478
CHILDREN UNDER SIX YEARS OF AGE WHO ARE RELATED TO A LICENSEE, 14,479
ADMINISTRATOR, OR EMPLOYEE AND WHO ARE ON THE PREMISES OF THE 14,480
CENTER SHALL BE COUNTED. "CHILD DAY-CARE CENTER" AND "CENTER" DO 14,481
NOT INCLUDE ANY OF THE FOLLOWING: 14,482
(1) A PLACE LOCATED IN AND OPERATED BY A HOSPITAL, AS 14,484
DEFINED IN SECTION 3727.01 OF THE REVISED CODE, IN WHICH THE 14,485
NEEDS OF CHILDREN ARE ADMINISTERED TO, IF ALL THE CHILDREN WHOSE 14,486
NEEDS ARE BEING ADMINISTERED TO ARE MONITORED UNDER THE ON-SITE 14,487
SUPERVISION OF A PHYSICIAN LICENSED UNDER CHAPTER 4731. OF THE 14,488
REVISED CODE OR A REGISTERED NURSE LICENSED UNDER CHAPTER 4723. 14,489
OF THE REVISED CODE, AND THE SERVICES ARE PROVIDED ONLY FOR 14,490
CHILDREN WHO, IN THE OPINION OF THE CHILD'S PARENT, GUARDIAN, OR 14,491
CUSTODIAN, ARE EXHIBITING SYMPTOMS OF A COMMUNICABLE DISEASE OR 14,492
OTHER ILLNESS OR ARE INJURED; 14,493
(2) A CHILD DAY CAMP; 14,495
(3) A PLACE LOCATED AT A CHILD DAY CAMP THAT PROVIDES 14,497
CHILD DAY-CARE, BUT NOT PUBLICLY FUNDED CHILD DAY-CARE, TO 14,498
PRESCHOOL CHILDREN IF ALL OF THE FOLLOWING APPLY: 14,499
(a) AN ORGANIZED RELIGIOUS BODY OPERATES THE CHILD DAY 14,501
CAMP AND PROVIDES THE CHILD DAY-CARE; 14,502
(b) THE CHILD DAY CAMP IS REGISTERED WITH THE DEPARTMENT 14,504
OF HUMAN SERVICES UNDER SECTION 5104.21 OF THE REVISED CODE; 14,505
(c) A PARENT, CUSTODIAN, OR GUARDIAN OF AT LEAST ONE 14,507
PRESCHOOL CHILD RECEIVING CHILD DAY-CARE AT THE CHILD DAY CAMP IS 14,508
ON THE PREMISES AND READILY ACCESSIBLE AT ALL TIMES; 14,509
(d) THE CHILD DAY-CARE IS NOT PROVIDED FOR MORE THAN 14,511
345
THIRTY DAYS A YEAR; 14,512
(e) THE CHILD DAY-CARE IS PROVIDED WHILE SCHOOL CHILDREN 14,514
ATTEND THE CHILD DAY CAMP. 14,515
(N) "CHILD DAY-CARE RESOURCE AND REFERRAL SERVICE 14,517
ORGANIZATION" MEANS A COMMUNITY-BASED NONPROFIT ORGANIZATION THAT 14,518
PROVIDES CHILD DAY-CARE RESOURCE AND REFERRAL SERVICES BUT NOT 14,519
CHILD DAY-CARE.
(O) "CHILD DAY-CARE RESOURCE AND REFERRAL SERVICES" MEANS 14,521
ALL OF THE FOLLOWING SERVICES: 14,522
(1) MAINTENANCE OF A UNIFORM DATA BASE OF ALL CHILD 14,524
DAY-CARE PROVIDERS IN THE COMMUNITY THAT ARE IN COMPLIANCE WITH 14,525
THIS CHAPTER, INCLUDING CURRENT OCCUPANCY AND VACANCY DATA; 14,526
(2) PROVISION OF INDIVIDUALIZED CONSUMER EDUCATION TO 14,528
FAMILIES SEEKING CHILD DAY-CARE; 14,529
(3) PROVISION OF TIMELY REFERRALS OF AVAILABLE CHILD 14,531
DAY-CARE PROVIDERS TO FAMILIES SEEKING CHILD DAY-CARE; 14,532
(4) RECRUITMENT OF CHILD DAY-CARE PROVIDERS; 14,534
(5) ASSISTANCE IN THE DEVELOPMENT, CONDUCT, AND 14,536
DISSEMINATION OF TRAINING FOR CHILD DAY-CARE PROVIDERS AND 14,538
PROVISION OF TECHNICAL ASSISTANCE TO CURRENT AND POTENTIAL CHILD 14,539
DAY-CARE PROVIDERS, EMPLOYERS, AND THE COMMUNITY;
(6) COLLECTION AND ANALYSIS OF DATA ON THE SUPPLY OF AND 14,541
DEMAND FOR CHILD DAY-CARE IN THE COMMUNITY; 14,542
(7) TECHNICAL ASSISTANCE CONCERNING LOCALLY, STATE, AND 14,544
FEDERALLY FUNDED CHILD DAY-CARE AND EARLY CHILDHOOD EDUCATION 14,545
PROGRAMS;
(8) STIMULATION OF EMPLOYER INVOLVEMENT IN MAKING CHILD 14,547
DAY-CARE MORE AFFORDABLE, MORE AVAILABLE, SAFER, AND OF HIGHER 14,548
QUALITY FOR THEIR EMPLOYEES AND FOR THE COMMUNITY; 14,549
(9) PROVISION OF WRITTEN EDUCATIONAL MATERIALS TO 14,551
CARETAKER PARENTS AND INFORMATIONAL RESOURCES TO CHILD DAY-CARE 14,552
PROVIDERS; 14,553
(10) COORDINATION OF SERVICES AMONG CHILD DAY-CARE 14,555
RESOURCE AND REFERRAL SERVICE ORGANIZATIONS TO ASSIST IN 14,556
346
DEVELOPING AND MAINTAINING A STATEWIDE SYSTEM OF CHILD DAY-CARE 14,557
RESOURCE AND REFERRAL SERVICES IF REQUIRED BY THE DEPARTMENT OF 14,558
HUMAN SERVICES.
(P) "CHILD-CARE STAFF MEMBER" MEANS AN EMPLOYEE OF A CHILD 14,561
DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME WHO IS PRIMARILY 14,562
RESPONSIBLE FOR THE CARE AND SUPERVISION OF CHILDREN. THE 14,563
ADMINISTRATOR MAY BE A PART-TIME CHILD-CARE STAFF MEMBER WHEN NOT 14,564
INVOLVED IN OTHER DUTIES.
(Q) "DROP-IN CHILD DAY-CARE CENTER," "DROP-IN CENTER," 14,566
"DROP-IN TYPE A FAMILY DAY-CARE HOME," AND "DROP-IN TYPE A HOME" 14,568
MEAN A CENTER OR TYPE A HOME THAT PROVIDES CHILD DAY-CARE OR
PUBLICLY FUNDED CHILD DAY-CARE FOR CHILDREN ON A TEMPORARY, 14,569
IRREGULAR BASIS. 14,570
(R) "EMPLOYEE" MEANS A PERSON WHO EITHER: 14,572
(1) RECEIVES COMPENSATION FOR DUTIES PERFORMED IN A CHILD 14,574
DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME; 14,575
(2) IS ASSIGNED SPECIFIC WORKING HOURS OR DUTIES IN A 14,577
CHILD DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME. 14,578
(S) "EMPLOYER" MEANS A PERSON, FIRM, INSTITUTION, 14,580
ORGANIZATION, OR AGENCY THAT OPERATES A CHILD DAY-CARE CENTER OR 14,581
TYPE A FAMILY DAY-CARE HOME SUBJECT TO LICENSURE UNDER THIS 14,582
CHAPTER.
(T) "FEDERAL POVERTY LINE" MEANS THE OFFICIAL POVERTY 14,584
GUIDELINE AS REVISED ANNUALLY IN ACCORDANCE WITH SECTION 673(2) 14,585
OF THE "OMNIBUS BUDGET RECONCILIATION ACT OF 1981," 95 STAT. 511, 14,587
42 U.S.C. 9902, AS AMENDED, FOR A FAMILY SIZE EQUAL TO THE SIZE 14,588
OF THE FAMILY OF THE PERSON WHOSE INCOME IS BEING DETERMINED. 14,589
(U) "HEAD START PROGRAM" MEANS A COMPREHENSIVE CHILD 14,591
DEVELOPMENT PROGRAM THAT RECEIVES FUNDS DISTRIBUTED UNDER THE 14,593
"HEAD START ACT," 95 STAT. 499 (1981), 42 U.S.C. 9831, AS 14,594
AMENDED, OR UNDER SECTION 3301.31 OF THE REVISED CODE.
(V) "INDICATOR CHECKLIST" MEANS AN INSPECTION TOOL, USED 14,596
IN CONJUNCTION WITH AN INSTRUMENT-BASED PROGRAM MONITORING 14,597
INFORMATION SYSTEM, THAT CONTAINS SELECTED LICENSING REQUIREMENTS 14,598
347
THAT ARE STATISTICALLY RELIABLE INDICATORS OR PREDICTORS OF A 14,599
CHILD DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME'S COMPLIANCE 14,600
WITH LICENSING REQUIREMENTS.
(W) "INFANT" MEANS A CHILD WHO IS LESS THAN TWELVE MONTHS 14,602
OF AGE, OR A CHILD WHO IS AT LEAST TWELVE MONTHS OF AGE BUT IS 14,603
LESS THAN EIGHTEEN MONTHS OF AGE. 14,604
(X) "IN-HOME AIDE" MEANS A PERSON CERTIFIED BY A COUNTY 14,606
DIRECTOR OF HUMAN SERVICES PURSUANT TO SECTION 5104.12 OF THE 14,607
REVISED CODE TO PROVIDE PUBLICLY FUNDED CHILD DAY-CARE TO A CHILD 14,608
IN A CHILD'S OWN HOME PURSUANT TO THIS CHAPTER AND ANY RULES 14,609
ADOPTED UNDER IT. 14,610
(Y) "INSTRUMENT-BASED PROGRAM MONITORING INFORMATION 14,612
SYSTEM" MEANS A METHOD TO ASSESS COMPLIANCE WITH LICENSING 14,613
REQUIREMENTS FOR CHILD DAY-CARE CENTERS AND TYPE A FAMILY 14,614
DAY-CARE HOMES IN WHICH EACH LICENSING REQUIREMENT IS ASSIGNED A 14,615
WEIGHT INDICATIVE OF THE RELATIVE IMPORTANCE OF THE REQUIREMENT 14,616
TO THE HEALTH, GROWTH, AND SAFETY OF THE CHILDREN THAT IS USED TO 14,617
DEVELOP AN INDICATOR CHECKLIST.
(Z) "LICENSE CAPACITY" MEANS THE MAXIMUM NUMBER IN EACH 14,619
AGE CATEGORY OF CHILDREN WHO MAY BE CARED FOR IN A CHILD DAY-CARE 14,620
CENTER OR TYPE A FAMILY DAY-CARE HOME AT ONE TIME AS DETERMINED 14,621
BY THE DIRECTOR OF HUMAN SERVICES CONSIDERING BUILDING OCCUPANCY 14,622
LIMITS ESTABLISHED BY THE DEPARTMENT OF COMMERCE, NUMBER OF 14,623
AVAILABLE CHILD-CARE STAFF MEMBERS, AMOUNT OF AVAILABLE INDOOR 14,624
FLOOR SPACE AND OUTDOOR PLAY SPACE, AND AMOUNT OF AVAILABLE PLAY 14,625
EQUIPMENT, MATERIALS, AND SUPPLIES.
(AA) "LICENSED PRESCHOOL PROGRAM" OR "LICENSED SCHOOL 14,627
CHILD PROGRAM" MEANS A PRESCHOOL PROGRAM OR SCHOOL CHILD PROGRAM, 14,628
AS DEFINED IN SECTION 3301.52 OF THE REVISED CODE, THAT IS 14,629
LICENSED BY THE DEPARTMENT OF EDUCATION PURSUANT TO SECTIONS 14,630
3301.52 TO 3301.59 OF THE REVISED CODE. 14,631
(BB) "LICENSEE" MEANS THE OWNER OF A CHILD DAY-CARE CENTER 14,633
OR TYPE A FAMILY DAY-CARE HOME THAT IS LICENSED PURSUANT TO THIS 14,634
CHAPTER AND WHO IS RESPONSIBLE FOR ENSURING ITS COMPLIANCE WITH 14,635
348
THIS CHAPTER AND RULES PROMULGATED PURSUANT TO THIS CHAPTER. 14,636
(CC) "OPERATE A CHILD DAY CAMP" MEANS TO OPERATE, 14,638
ESTABLISH, MANAGE, CONDUCT, OR MAINTAIN A CHILD DAY CAMP. 14,639
(DD) "OWNER" INCLUDES A PERSON, AS DEFINED IN SECTION 1.59 14,641
OF THE REVISED CODE, OR GOVERNMENT ENTITY. 14,642
(EE) "PARENT COOPERATIVE CHILD DAY-CARE CENTER," "PARENT 14,644
COOPERATIVE CENTER," "PARENT COOPERATIVE TYPE A FAMILY DAY-CARE 14,645
HOME," AND "PARENT COOPERATIVE TYPE A HOME" MEAN A CORPORATION OR 14,646
ASSOCIATION ORGANIZED FOR PROVIDING EDUCATIONAL SERVICES TO THE 14,647
CHILDREN OF MEMBERS OF THE CORPORATION OR ASSOCIATION, WITHOUT 14,648
GAIN TO THE CORPORATION OR ASSOCIATION AS AN ENTITY, IN WHICH THE 14,649
SERVICES OF THE CORPORATION OR ASSOCIATION ARE PROVIDED ONLY TO 14,650
CHILDREN OF THE MEMBERS OF THE CORPORATION OR ASSOCIATION, 14,651
OWNERSHIP AND CONTROL OF THE CORPORATION OR ASSOCIATION RESTS 14,652
SOLELY WITH THE MEMBERS OF THE CORPORATION OR ASSOCIATION, AND AT 14,653
LEAST ONE PARENT-MEMBER OF THE CORPORATION OR ASSOCIATION IS ON 14,654
THE PREMISES OF THE CENTER OR TYPE A HOME DURING ITS HOURS OF 14,655
OPERATION. 14,656
(FF) "PART-TIME CHILD DAY-CARE CENTER," "PART-TIME 14,658
CENTER," "PART-TIME TYPE A FAMILY DAY-CARE HOME," AND "PART-TIME 14,659
TYPE A HOME" MEAN A CENTER OR TYPE A HOME THAT PROVIDES CHILD 14,660
DAY-CARE OR PUBLICLY FUNDED CHILD DAY-CARE FOR NO MORE THAN FOUR 14,661
HOURS A DAY FOR ANY CHILD. 14,662
(GG) "PLACE OF WORSHIP" MEANS A BUILDING WHERE ACTIVITIES 14,664
OF AN ORGANIZED RELIGIOUS GROUP ARE CONDUCTED AND INCLUDES THE 14,665
GROUNDS AND ANY OTHER BUILDINGS ON THE GROUNDS USED FOR SUCH 14,666
ACTIVITIES. 14,667
(HH) "PRESCHOOL CHILD" MEANS A CHILD WHO IS THREE YEARS 14,669
OLD OR OLDER BUT IS NOT A SCHOOL CHILD. 14,670
(II) "PROTECTIVE DAY-CARE" MEANS PUBLICLY FUNDED CHILD 14,672
DAY-CARE FOR THE DIRECT CARE AND PROTECTION OF A CHILD TO WHOM 14,673
EITHER OF THE FOLLOWING APPLIES: 14,674
(1) A CASE PLAN PREPARED AND MAINTAINED FOR THE CHILD 14,676
PURSUANT TO SECTION 2151.412 OF THE REVISED CODE INDICATES A NEED 14,677
349
FOR PROTECTIVE DAY-CARE AND THE CHILD RESIDES WITH A PARENT, 14,678
STEPPARENT, GUARDIAN, OR ANOTHER PERSON WHO STANDS IN LOCO 14,679
PARENTIS AS DEFINED IN RULES ADOPTED UNDER SECTION 5104.38 OF THE 14,680
REVISED CODE;
(2) THE CHILD AND THE CHILD'S CARETAKER EITHER TEMPORARILY 14,682
RESIDE IN A FACILITY PROVIDING EMERGENCY SHELTER FOR HOMELESS 14,684
FAMILIES OR ARE DETERMINED BY THE COUNTY DEPARTMENT OF HUMAN 14,685
SERVICES TO BE HOMELESS, AND ARE OTHERWISE INELIGIBLE FOR 14,686
PUBLICLY FUNDED CHILD DAY-CARE. 14,687
(JJ) "Publicly funded child day-care" means administering 14,689
to the needs of infants, toddlers, pre-school PRESCHOOL children, 14,691
and school children during any part of the twenty-four-hour day
by persons other than their caretaker parents for remuneration 14,692
wholly or in part with federal or state funds distributed by the 14,693
department of human services. 14,694
(C) "Child day-care center" and "center" mean any place in 14,696
which child day-care or publicly funded child day-care is 14,697
provided for thirteen or more children at one time or any place 14,698
that is not the permanent residence of the licensee or 14,699
administrator in which child day-care or publicly funded child 14,700
day-care is provided for seven to twelve children at one time. 14,701
In counting children for the purposes of this division, any 14,702
children under six years of age who are related to a licensee, 14,703
administrator, or employee and who are on the premises of the 14,704
center shall be counted. "Child day-care center" and "center" do 14,705
not include any of the following: 14,706
(1) A place located in and operated by a hospital, as 14,708
defined in section 3727.01 of the Revised Code, in which the 14,709
needs of children are administered to, if all the children whose 14,710
needs are being administered to are monitored under the on-site 14,711
supervision of a physician licensed under Chapter 4731. of the 14,712
Revised Code or a registered nurse licensed under Chapter 4723. 14,713
of the Revised Code, and the services are provided only for 14,714
children who, in the opinion of the child's parent, guardian, or 14,715
350
custodian, are exhibiting symptoms of a communicable disease or 14,716
other illness or are injured; 14,717
(2) A child day camp; 14,719
(3) A place located at a child day camp that provides 14,721
child day-care, but not publicly funded child day-care, to 14,722
pre-school children if all of the following apply: 14,723
(a) An organized religious body operates the child day 14,725
camp and provides the child day-care; 14,726
(b) The child day camp is registered with the department 14,728
of human services under section 5104.21 of the Revised Code; 14,729
(c) A parent, custodian, or guardian of at least one 14,731
pre-school child receiving child day-care at the child day camp 14,732
is on the premises and readily accessible at all times; 14,733
(d) The child day-care is not provided for more than 14,735
thirty days a year; 14,736
(e) The child day-care is provided while school children 14,738
attend the child day camp. 14,739
(D)(KK) "RELIGIOUS ACTIVITIES" MEANS ANY OF THE FOLLOWING: 14,741
WORSHIP OR OTHER RELIGIOUS SERVICES; RELIGIOUS INSTRUCTION; 14,742
SUNDAY SCHOOL CLASSES OR OTHER RELIGIOUS CLASSES CONDUCTED DURING 14,743
OR PRIOR TO WORSHIP OR OTHER RELIGIOUS SERVICES; YOUTH OR ADULT 14,744
FELLOWSHIP ACTIVITIES; CHOIR OR OTHER MUSICAL GROUP PRACTICES OR 14,745
PROGRAMS; MEALS; FESTIVALS; OR MEETINGS CONDUCTED BY AN ORGANIZED 14,746
RELIGIOUS GROUP. 14,747
(LL) "SCHOOL CHILD" MEANS A CHILD WHO IS ENROLLED IN OR IS 14,749
ELIGIBLE TO BE ENROLLED IN A GRADE OF KINDERGARTEN OR ABOVE BUT 14,750
IS LESS THAN FIFTEEN YEARS OLD. 14,751
(MM) "SCHOOL CHILD DAY-CARE CENTER," "SCHOOL CHILD 14,753
CENTER," "SCHOOL CHILD TYPE A FAMILY DAY-CARE HOME," AND "SCHOOL 14,754
CHILD TYPE A FAMILY HOME" MEAN A CENTER OR TYPE A HOME THAT 14,755
PROVIDES CHILD DAY-CARE FOR SCHOOL CHILDREN ONLY AND THAT DOES 14,757
EITHER OR BOTH OF THE FOLLOWING: 14,758
(1) OPERATES ONLY DURING THAT PART OF THE DAY THAT 14,760
IMMEDIATELY PRECEDES OR FOLLOWS THE PUBLIC SCHOOL DAY OF THE 14,761
351
SCHOOL DISTRICT IN WHICH THE CENTER OR TYPE A HOME IS LOCATED; 14,762
(2) OPERATES ONLY WHEN THE PUBLIC SCHOOLS IN THE SCHOOL 14,764
DISTRICT IN WHICH THE CENTER OR TYPE A HOME IS LOCATED ARE NOT 14,765
OPEN FOR INSTRUCTION WITH PUPILS IN ATTENDANCE. 14,766
(NN) "SPECIAL NEEDS DAY-CARE" MEANS PUBLICLY FUNDED CHILD 14,768
DAY-CARE THAT IS PROVIDED FOR A CHILD WHO IS PHYSICALLY OR 14,769
DEVELOPMENTALLY HANDICAPPED, MENTALLY RETARDED, OR MENTALLY ILL. 14,770
(OO) "STATE MEDIAN INCOME" MEANS THE STATE MEDIAN INCOME 14,772
CALCULATED BY THE DEPARTMENT OF DEVELOPMENT PURSUANT TO DIVISION 14,773
(A)(1)(g) OF SECTION 5709.61 OF THE REVISED CODE. 14,774
(PP) "TODDLER" MEANS A CHILD WHO IS AT LEAST EIGHTEEN 14,776
MONTHS OF AGE BUT LESS THAN THIRTY MONTHS OF AGE, OR A CHILD WHO 14,777
IS AT LEAST THIRTY MONTHS OF AGE BUT LESS THAN THREE YEARS OF 14,778
AGE. 14,779
(QQ) "Type A family day-care home" and "type A home" mean 14,781
a permanent residence of the administrator in which child 14,782
day-care or publicly funded child day-care is provided for seven 14,783
to twelve children at one time or a permanent residence of the 14,784
administrator in which child day-care is provided for four to 14,785
twelve children at one time if four or more children at one time 14,786
are under two years of age. In counting children for the 14,787
purposes of this division, any children under six years of age 14,788
who are related to a licensee, administrator, or employee and who 14,789
are on the premises of the type A home shall be counted. "Type A 14,790
family day-care home" does not include a residence in which the 14,791
needs of children are administered to, if all of the children 14,792
whose needs are being administered to are siblings of the same 14,793
immediate family and the residence is the home of the siblings. 14,794
"Type A family day-care home" and "type A home" do not include 14,795
any child day camp. 14,796
(E)(RR) "Type B family day-care home" and "type B home" 14,798
mean a permanent residence of the provider in which child 14,799
day-care is provided for one to six children at one time and in 14,800
which no more than three children are under two years of age at 14,801
352
one time. In counting children for the purposes of this 14,802
division, any children under six years of age who are related to 14,803
the provider and who are on the premises of the type B home shall 14,804
be counted. "Type B family day-care home" does not include a 14,805
residence in which the needs of children are administered to, if 14,806
all of the children whose needs are being administered to are 14,807
siblings of the same immediate family and the residence is the 14,808
home of the siblings. "Type B family day-care home" and "type B 14,809
home" do not include any child day camp. 14,810
(F) "Certified type B family day-care home" and "certified 14,812
type B home" mean a type B family day-care home that is certified 14,813
by the director of the county department of human services 14,814
pursuant to section 5104.11 of the Revised Code to receive public 14,815
funds for providing child day-care pursuant to this chapter and 14,816
any rules adopted under it. 14,817
(G) "Infant" means a child who is less than twelve months 14,819
of age, or a child who is at least twelve months of age but is 14,820
less than eighteen months of age. 14,821
(H) "Toddler" means a child who is at least eighteen 14,823
months of age but less than thirty months of age, or a child who 14,824
is at least thirty months of age but less than three years of 14,825
age. 14,826
(I) "Pre-school child" means a child who is three years 14,828
old, or is four or five years old but is not a school child. 14,829
(J) "School child" means a child who is enrolled in or is 14,831
eligible to be enrolled in a grade of kindergarten or above but 14,832
is less than eleven years old, or a child who is at least eleven 14,833
years old but is less than fifteen years old. 14,834
(K) "Child" includes an infant, toddler, pre-school child, 14,836
or school child. 14,837
(L) "Administrator" means the person responsible for the 14,839
daily operation of the center or type A home. The administrator 14,840
and the owner may be the same person. 14,841
(M) "Owner" includes a person, firm, organization, 14,843
353
institution, or agency. 14,844
(N) "Child-care staff member" means any employee of a 14,846
child day-care center or type A family day-care home who is 14,847
primarily responsible for the care and supervision of children. 14,848
The administrator may be a part-time child-care staff member when 14,849
not involved in other duties. 14,850
(O) "Authorized provider" means a person authorized by a 14,852
county director of human services to operate a certified type B 14,853
family day-care home. 14,854
(P) "License capacity" means the maximum number in each 14,856
age category of children, as established in divisions (G) to (J) 14,857
of this section, who may be cared for in a child day-care center 14,858
or type A family day-care home at one time as determined by the 14,859
director of human services considering building occupancy limits 14,860
established by the department of commerce, number of available 14,861
child-care staff members, amount of available indoor floor space 14,863
and outdoor play space, and amount of available play equipment, 14,864
materials, and supplies. The license capacity specified on the 14,865
provisional license or license issued under section 5104.03 of 14,866
the Revised Code shall be the maximum number of children in each 14,867
age category of children who may be cared for in the center or 14,868
type A home at one time.
(Q) "Employee" means a person who either: 14,870
(1) Receives compensation for duties performed in a child 14,872
day-care center or type A family day-care home; 14,873
(2) Is assigned specific working hours or duties in a 14,875
child day-care center or type A family day-care home. 14,876
(R) "Employer" means a person, firm, institution, 14,878
organization, or agency that operates a child day-care center or 14,879
type A family day-care home that is subject to licensure pursuant 14,880
to this chapter. 14,881
(S) "In-home aide" means a person certified by a county 14,883
director of human services pursuant to section 5104.12 of the 14,884
Revised Code to provide publicly funded child day-care to a child 14,885
354
in a child's own home pursuant to this chapter and any rules 14,886
adopted under it. 14,887
(T) "Parent cooperative child day-care center," "parent 14,889
cooperative center," "parent cooperative type A family day-care 14,890
home," and "parent cooperative type A home" mean a corporation or 14,891
association organized for providing educational services to the 14,892
children of members of the corporation or association, without 14,893
gain to the corporation or association as an entity, in which the 14,894
services of the corporation or association are provided only to 14,895
children of the members of the corporation or association, 14,896
ownership and control of the corporation or association rests 14,897
solely with the members of the corporation or association, and at 14,898
least one parent-member of the corporation or association is on 14,899
the premises of the center or type A home during its hours of 14,900
operation. 14,901
(U) "Part-time child day-care center," "part-time center," 14,903
"part-time type A family day-care home," and "part-time type A 14,904
home" mean a center or type A home that provides child day-care 14,905
or publicly funded child day-care for no more than four hours a 14,906
day for any child. 14,907
(V) "Drop-in child day-care center," "drop-in center," 14,909
"drop-in type A family day-care home," and "drop-in type A home" 14,910
mean a center or type A home that provides child day-care or 14,911
publicly funded child day-care for children on a temporary, 14,912
irregular basis. 14,913
(W) "School child day-care center," "school child center," 14,915
"school child type A family day-care home," and "school child 14,916
type A family home" mean a center or type A home that provides 14,917
child day-care for school children only and that does either or 14,918
both of the following: 14,919
(1) Operates only during that part of the day that 14,921
immediately precedes or follows the public school day of the 14,922
school district in which the center or type A home is located; 14,923
(2) Operates only when the public schools in the school 14,925
355
district in which the center or type A home is located are not 14,926
open for instruction with pupils in attendance. 14,927
(X) "Place of worship" means a cathedral, chapel, church, 14,929
mosque, synagogue, temple, or other building where activities of 14,930
an organized religious group are conducted and includes the 14,931
grounds and any other buildings on the grounds used for such 14,932
activities. 14,933
(Y) "Religious activities" means: worship or other 14,935
religious services; religious instruction; Sunday school classes 14,936
or other religious classes conducted during or prior to worship 14,937
or other religious services; youth or adult fellowship 14,938
activities; choir or other musical group practices or programs; 14,939
meals; festivals; or meetings conducted by an organized religious 14,940
group. 14,941
(Z) "Licensee" means the owner of a child day-care center 14,943
or type A family day-care home that is licensed pursuant to this 14,944
chapter and who is responsible for ensuring its compliance with 14,945
this chapter and rules promulgated pursuant to this chapter. 14,946
(AA) "Chartered nonpublic school" means a school that 14,948
meets standards for nonpublic schools prescribed by the state 14,949
board of education for nonpublic schools pursuant to section 14,950
3301.07 of the Revised Code. 14,951
(BB) "Caretaker parent" means the father or mother of a 14,953
child whose presence in the home is needed as the caretaker of 14,954
the child, a person who has legal custody of a child and whose 14,955
presence in the home is needed as the caretaker of the child, a 14,956
guardian of a child whose presence in the home is needed as the 14,957
caretaker of the child, and any other person who stands in loco 14,958
parentis with respect to the child and whose presence in the home 14,959
is needed as the caretaker of the child. 14,960
(CC) "Protective day-care" means publicly funded child 14,962
day-care for the direct care and protection of a child to whom 14,963
either of the following applies: 14,964
(1) A case plan prepared and maintained for the child 14,966
356
pursuant to section 2151.412 of the Revised Code indicates a need 14,967
for protective day-care and the child resides with a parent, 14,968
stepparent, guardian, or another person who stands in loco 14,969
parentis as defined in rules adopted under section 5104.38 of the 14,970
Revised Code; 14,971
(2) The child and the child's caretaker either temporarily 14,973
reside in a facility providing emergency shelter for homeless 14,975
families or are determined by the county department of human 14,976
services to be homeless, and are otherwise ineligible for 14,977
publicly funded child day-care. 14,978
(DD) "Special needs day-care" means publicly funded child 14,980
day-care that is provided for a child who is physically or 14,981
developmentally handicapped, mentally retarded, or mentally ill. 14,982
(EE) "Federal poverty line" means the official poverty 14,984
guideline as revised annually in accordance with section 673(2) 14,985
of the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 14,986
42 U.S.C. 9902, as amended, for a family size equal to the size 14,987
of the family of the person whose income is being determined. 14,988
(FF) "Child day-care resource and referral service 14,990
organization" means any community-based nonprofit organization 14,991
that does not provide child day-care and that provides child 14,992
day-care resource and referral services. 14,993
(GG) "Child day-care resource and referral services" means 14,995
all of the following services: 14,996
(1) Maintenance of a uniform data base of all child 14,998
day-care providers in the community that are in compliance with 14,999
this chapter, including current occupancy and vacancy data; 15,000
(2) Provision of individualized consumer education to 15,002
families seeking child day-care; 15,003
(3) Provision of timely referrals of available child 15,005
day-care providers to families seeking child day-care; 15,006
(4) Recruitment of child day-care providers; 15,008
(5) Coordination of training for child day-care providers 15,010
and provision of technical assistance to current and potential 15,011
357
child day-care providers, employers, and the community; 15,012
(6) Collection and analysis of data on the supply of and 15,014
demand for child day-care in the community; 15,015
(7) Coordination of locally, state, and federally funded 15,017
child day-care and early childhood education programs; 15,018
(8) Stimulation of employer involvement in making child 15,020
day-care more affordable, more available, safer, and of higher 15,021
quality for their employees and for the community; 15,022
(9) Provision of written educational materials to 15,024
caretaker parents and informational resources to child day-care 15,025
providers. 15,026
(HH) "Head start program" means a comprehensive child 15,028
development program that receives funds distributed under the 15,029
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C. 9831, as 15,030
amended. 15,031
(II) "Child care block grant act" means the "Child Care 15,033
and Development Block Grant Act of 1990," established in section 15,034
5082 of the "Omnibus Budget Reconciliation Act of 1990," 104 15,035
Stat. 1388-236 (1990), 42 U.S.C. 9858, as amended. 15,036
(JJ) "Licensed preschool program" or "licensed school 15,038
child program" means a preschool program or school child program, 15,039
as defined in section 3301.52 of the Revised Code, that is 15,040
licensed by the department of education pursuant to sections 15,041
3301.52 to 3301.59 of the Revised Code. 15,042
(KK) "Adjusted income" means adjusted gross income, as 15,044
defined in section 5747.01 of the Revised Code, minus any 15,045
adjustments allowed in rules adopted under section 5104.38 of the 15,046
Revised Code.
(LL) "State median income" means the state median income 15,048
calculated by the department of development pursuant to division 15,049
(A)(1)(g) of section 5709.61 of the Revised Code. 15,050
(MM) "Child day camp" means a program in which only school 15,052
children attend or participate, that operates for no more than 15,053
seven hours per day, that operates only during one or more public 15,054
358
school district's regular vacation periods or for no more than 15,055
fifteen weeks during the summer, and that operates outdoor 15,056
activities for each child who attends or participates in the 15,057
program for a minimum of fifty per cent of each day that children 15,058
attend or participate in the program, except for any day when 15,059
hazardous weather conditions prevent the program from operating 15,060
outdoor activities for a minimum of fifty per cent of that day. 15,061
For purposes of this division, the maximum seven hours of 15,062
operation time does not include transportation time from a 15,063
child's home to a child day camp and from a child day camp to a 15,064
child's home. 15,065
(NN) "Operate a child day camp" means to operate, 15,067
establish, manage, conduct, or maintain a child day camp. 15,068
(OO) "Approved child day camp" means a child day camp 15,070
approved pursuant to section 5104.22 of the Revised Code. 15,071
Sec. 5104.03. (A) Any person, firm, organization, 15,080
institution, or agency desiring to establish a child day-care 15,081
center or type A family day-care home shall apply for a license 15,082
to the director of human services on such form as the director 15,083
prescribes. The director shall provide at no charge to each 15,084
applicant for licensure a copy of the day-care license 15,085
requirements in Chapter 5104. of the Revised Code and of the 15,086
rules promulgated pursuant to Chapter 5104. of the Revised Code. 15,087
The director shall mail application forms for renewal of license 15,088
at least one hundred twenty days prior to the date of expiration 15,089
of the license, and the application for renewal shall be filed 15,090
with the director at least sixty days before the date of 15,091
expiration. Fees shall be set by the director pursuant to 15,092
section 5104.011 of the Revised Code and shall be paid at the 15,093
time of application for or renewal of a license to operate a 15,094
center or type A home. Fees collected under this section shall 15,095
be paid into the state treasury to the credit of the general 15,096
revenue fund. 15,097
(B) Upon filing of the application for a license, the 15,099
359
director shall investigate and inspect the center or type A home 15,100
to determine the license capacity for each age category of 15,101
children of the center or type A home and to determine whether 15,102
the center or type A home complies with Chapter 5104. of the 15,103
Revised Code and rules promulgated pursuant to Chapter 5104. of 15,104
the Revised Code. When, after investigation and inspection, the 15,105
director is satisfied that Chapter 5104. of the Revised Code and 15,106
rules promulgated pursuant to Chapter 5104. of the Revised Code 15,107
are complied with, a provisional license shall be issued as soon 15,108
as practicable in such form and manner as prescribed by the 15,109
director. The provisional license shall be valid for six months 15,110
from the date of issuance unless revoked. 15,111
(C) The director shall investigate and inspect the center 15,113
or type A home at least once during operation under the 15,114
provisional license. If after the investigation and inspection 15,115
the director determines that the requirements of Chapter 5104. of 15,116
the Revised Code and rules promulgated pursuant to Chapter 5104. 15,117
of the Revised Code are met, the director shall issue a license 15,118
to be effective for two years from the date of issuance of the 15,119
provisional license. 15,120
(D) Upon the filing of an application for renewal of a 15,122
license by the center or type A home, the director shall 15,123
investigate and inspect the center or type A home. If the 15,124
director determines that the requirements of Chapter 5104. and 15,125
rules promulgated pursuant to Chapter 5104. of the Revised Code 15,126
are met, the director shall renew the license to be effective for 15,127
two years from the expiration date of the previous license. 15,128
(E) The license or provisional license shall state the 15,130
name of the licensee, the name of the administrator, the address 15,131
of the center or type A home, THE AVERAGE HOURLY COST OF CARE, 15,132
and the license capacity for each age category of children. 15,134
After THE AVERAGE HOURLY COST OF CARE SHALL BE CALCULATED FOR 15,135
EACH AGE CATEGORY OF CHILDREN IN ACCORDANCE WITH RULES WHICH 15,136
SHALL BE ADOPTED BY THE DEPARTMENT OF HUMAN SERVICES IN
360
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 15,137
AFTER July 1, 1987, the provisional license or license 15,140
shall include thereon, in accordance with section 5104.011 of the 15,141
Revised Code, the toll-free TELEPHONE number to be used by 15,143
persons suspecting that the center or type A home has violated a 15,144
provision of Chapter 5104., or rules promulgated pursuant to 15,145
Chapter 5104. of the Revised Code. A license or provisional 15,146
license is valid only for the licensee, administrator, address, 15,147
and license capacity for each age category of children designated 15,148
on the license. The LICENSE CAPACITY SPECIFIED ON THE LICENSE OR 15,149
PROVISIONAL LICENSE IS THE MAXIMUM NUMBER OF CHILDREN IN EACH AGE 15,150
CATEGORY THAT MAY BE CARED FOR IN THE CENTER OR TYPE A HOME AT 15,151
ONE TIME.
THE center or type A home licensee shall notify the 15,154
director when the administrator of the center or home changes. 15,155
The director shall amend the current license or provisional 15,156
license to reflect a change in an administrator, if the 15,157
administrator meets the requirements of Chapter 5104. of the 15,158
Revised Code and rules promulgated pursuant to Chapter 5104. of 15,159
the Revised Code, or a change in license capacity for any age 15,160
category of children as determined by the director of human 15,161
services.
(F) If the director revokes a license or refuses to renew 15,163
a license to a center or a type A home, he THE DIRECTOR shall not 15,165
issue a license to the owner of the center or type A home within 15,166
two years from the date of the revocation of a license or refusal 15,167
to renew a license. If during the application for licensure or 15,168
renewal of licensure process the director determines that the 15,169
license of the owner has been revoked or renewal of licensure has 15,170
been denied, the investigation of the center or type A home shall 15,171
cease, and shall not constitute denial of the application. All 15,172
actions of the director with respect to licensing centers or type 15,173
A homes, renewing a license, refusal to license or renew a 15,174
license, and revocation of a license shall be in accordance with 15,175
361
Chapter 119. of the Revised Code. Any applicant who is denied a 15,176
license or any owner whose license is not renewed or is revoked 15,177
may appeal in accordance with section 119.12 of the Revised Code. 15,178
Sec. 5104.04. (A) The director DEPARTMENT of human 15,187
services shall establish procedures to be followed in 15,189
investigating, inspecting, and licensing child day-care centers 15,190
and type A family day-care homes. 15,191
(B)(1) The director DEPARTMENT shall, at least twice ONCE 15,194
during every twelve-month period of operation of a center or type 15,195
A home, inspect the center or type A home and provide a written 15,196
inspection report to the licensee within a reasonable time after 15,197
each inspection. THE LICENSEE SHALL DISPLAY ALL WRITTEN REPORTS 15,198
OF INSPECTIONS CONDUCTED DURING THE CURRENT LICENSING PERIOD IN A 15,199
CONSPICUOUS PLACE IN THE CENTER OR TYPE A HOME. 15,200
At least one inspection shall be unannounced and all ALL 15,202
inspections may be unannounced. No person, firm, organization, 15,203
institution, or agency shall interfere with the inspection of a 15,204
center or type A home by any state or local official when he is 15,205
ENGAGED IN performing duties required of him THE STATE OR LOCAL 15,207
OFFICIAL by Chapter 5104. of the Revised Code or rules 15,209
promulgated pursuant to Chapter 5104. of the Revised Code, 15,210
including inspecting the center or type A home, reviewing 15,211
records, or interviewing licensees, employees, children, or 15,212
parents.
Upon receipt of any complaint that a center or type A home 15,214
is out of compliance with the requirements of Chapter 5104. of 15,215
the Revised Code or rules promulgated pursuant to Chapter 5104. 15,216
of the Revised Code, the director shall investigate and may 15,217
inspect a center or type A home. 15,218
(2) IF THE DEPARTMENT IMPLEMENTS AN INSTRUMENT-BASED 15,220
PROGRAM MONITORING INFORMATION SYSTEM, IT MAY USE AN INDICATOR 15,221
CHECKLIST TO COMPLY WITH DIVISION (B)(1) OF THIS SECTION. 15,222
(C) In the event a licensed center or type A home is 15,224
determined to be out of compliance with the requirements of 15,225
362
Chapter 5104. of the Revised Code or rules promulgated pursuant 15,226
to Chapter 5104. of the Revised Code, the director shall notify 15,227
the licensee of the center or type A home in writing regarding 15,228
the nature of the violation, what must be done to correct the 15,229
violation, and by what date the correction must be made. If the 15,230
correction is not made by the date established by the director, 15,231
he THE DIRECTOR may commence action under Chapter 119. of the 15,232
Revised Code to revoke the license. 15,234
(D) The director may deny or revoke a license, or refuse 15,236
to renew a license of a center or type A home, if the applicant 15,237
knowingly makes a false statement on the application, does not 15,238
comply with the requirements of Chapter 5104. or rules 15,239
promulgated pursuant to Chapter 5104. of the Revised Code, or has 15,240
pleaded guilty TO or been convicted of an offense described in 15,241
section 5104.09 of the Revised Code. 15,242
(E) If the director finds, after notice and hearing 15,244
pursuant to Chapter 119. of the Revised Code, that any person, 15,245
firm, organization, institution, or agency licensed under section 15,246
5104.03 of the Revised Code is in violation of any provision of 15,247
Chapter 5104. of the Revised Code or rules promulgated pursuant 15,248
to Chapter 5104. of the Revised Code, the director may issue an 15,249
order of revocation to the center or type A home revoking the 15,250
license previously issued by him THE DIRECTOR. Upon the issuance 15,252
of any order of revocation, the person whose license is revoked 15,253
may appeal in accordance with section 119.12 of the Revised Code. 15,254
(F) The surrender of a center or type A home license to 15,256
the director or the withdrawal of an application for licensure by 15,257
the owner or administrator of the center or type A home shall not 15,258
prohibit the director from instituting any of the actions set 15,259
forth in this section. 15,260
(G) Whenever the director receives a complaint, is 15,262
advised, or otherwise has any reason to believe that a center or 15,263
type A home is providing child day-care without a license issued 15,264
or renewed pursuant to section 5104.03 and is not exempt from 15,265
363
licensing pursuant to section 5104.02 of the Revised Code, he THE 15,266
DIRECTOR shall investigate the center or type A home and may 15,268
inspect the areas children have access to or areas necessary for 15,269
the care of children in the center or type A home during 15,270
suspected hours of operation to determine whether the center or 15,271
type A home is subject to the requirements of Chapter 5104. or 15,272
rules promulgated pursuant to Chapter 5104. of the Revised Code. 15,273
(H) The director, upon determining that the center or type 15,275
A home is operating without a license, shall notify the attorney 15,276
general, the prosecuting attorney of the county in which the 15,277
center or type A home is located, or the city attorney, village 15,278
solicitor, or other chief legal officer of the municipal 15,279
corporation in which the center or type A home is located, that 15,280
the center or type A home is operating without a license. Upon 15,281
receipt of the notification, the attorney general, prosecuting 15,282
attorney, city attorney, village solicitor, or other chief legal 15,283
officer of a municipal corporation shall file a complaint in the 15,284
court of common pleas of the county in which the center or type A 15,285
home is located requesting that the court grant an order 15,286
enjoining the owner from operating the center or type A home. The 15,288
court shall grant such injunctive relief upon a showing that the 15,289
respondent named in the complaint is operating a center or type A 15,290
home and is doing so without a license.
Sec. 5104.11. (A) After receipt of an application for 15,300
certification from a type B family day-care home, the county 15,301
director of human services shall inspect. If it complies with 15,303
this chapter and any applicable rules adopted under this chapter, 15,304
the county department shall certify the type B family day-care 15,305
home to provide publicly funded child day-care pursuant to this 15,306
chapter and any rules adopted under it. A THE DIRECTOR OF HUMAN 15,307
SERVICES OR A county director of human services may contract with 15,308
A GOVERNMENT ENTITY OR a private nonprofit entity for that entity 15,309
to inspect and certify type B family day-care homes pursuant to 15,310
this section. The county department of human services or 15,311
364
nonprofit entity shall conduct the inspection prior to the 15,312
issuance of a certificate for the type B home and, as part of 15,313
that inspection, shall ensure that the type B home is safe and 15,314
sanitary. An authorized provider of a type B family day-care 15,315
home that receives a certificate pursuant to this section to 15,316
provide publicly funded child day-care is an independent 15,317
contractor and is not an employee of the county department of 15,318
human services that issues the certificate. 15,319
(B) Every person desiring to receive certification for a 15,321
type B family day-care home shall apply for certification to the 15,322
county director of human services on such forms as the director 15,323
of human services prescribes. The county director shall provide 15,324
at no charge to each applicant a copy of rules for certifying 15,325
type B family day-care homes adopted pursuant to this chapter. 15,326
(C) If the county director of human services determines 15,328
that the type B family day-care home complies with this chapter 15,329
and any rules adopted under it, he THE COUNTY DIRECTOR shall 15,330
issue to the provider a certificate to provide publicly funded 15,332
child day-care for twelve months. The county director may revoke 15,333
the certificate when he determines AFTER DETERMINING that 15,334
revocation is necessary. The authorized provider shall post the 15,336
certificate in a conspicuous place in the certified type B home 15,337
that is accessible to parents, custodians, or guardians at all 15,338
times. The certificate shall state the name and address of the 15,339
authorized provider, the maximum number of children who may be 15,340
cared for at any one time in the certified type B home, the 15,341
expiration date of the certification, THE AVERAGE HOURLY COST OF 15,342
CARE, and the name and telephone number of the county director 15,343
who issued the certificate. 15,344
(D) The county director shall inspect every certified type 15,346
B family day-care home at least twice within each twelve-month 15,347
period of the operation of the certified type B home. A minimum 15,348
of one inspection shall be unannounced and all inspections may be 15,349
unannounced. Upon receipt of a complaint, the county director 15,350
365
shall investigate and may inspect the certified type B home. The 15,351
authorized provider shall permit the county director to inspect 15,352
any part of the certified type B home. The county director shall 15,353
prepare a written inspection report and furnish one copy to the 15,354
authorized provider within a reasonable time after the 15,355
inspection. 15,356
(E) The county director of human services, in accordance 15,358
with rules adopted pursuant to section 5104.052 of the Revised 15,359
Code regarding fire safety and fire prevention, shall inspect 15,360
each type B home that applies to be certified that is providing 15,361
or is to provide publicly funded child day-care. 15,362
(F) All materials that are supplied by the department of 15,364
human services to type A family day-care home providers, type B 15,365
family day-care home providers, in-home aides, persons who desire 15,366
to be type A family day-care home providers, type B family 15,367
day-care home providers, or in-home aides, and caretaker parents 15,368
shall be written at no higher than the sixth grade reading level. 15,369
The department may employ a readability expert to verify its 15,370
compliance with this division. 15,371
Sec. 5104.12. (A) The county director of human services 15,380
may certify in-home aides to provide publicly funded child 15,381
day-care pursuant to this chapter and any rules adopted under it. 15,382
Any in-home aide who receives a certificate pursuant to this 15,383
section to provide publicly funded child day-care is an 15,384
independent contractor and is not an employee of the county 15,385
department of human services that issues the certificate. 15,386
(B) Every person desiring to receive certification as an 15,388
in-home aide shall apply for certification to the county director 15,389
of human services on such forms as the director of human services 15,390
prescribes. The county director shall provide at no charge to 15,391
each applicant a copy of rules for certifying in-home aides 15,392
adopted pursuant to this chapter. 15,393
(C) If the county director of human services determines 15,395
that public funds are available and that the person complies with 15,396
366
this chapter and any rules adopted under it, he THE COUNTY 15,397
DIRECTOR shall certify the person as an in-home aide and issue 15,399
the person a certificate to provide publicly funded child 15,400
day-care for twelve months. The county director may revoke the 15,401
certificate when he determines AFTER DETERMINING that revocation 15,403
is necessary. The county director shall furnish a copy of the 15,404
certificate to the parent, custodian, or guardian. The 15,405
certificate shall state the name and address of the in-home aide, 15,406
the expiration date of the certification, THE AVERAGE HOURLY COST
OF CARE, and the name and telephone number of the county director 15,408
who issued the certificate. 15,409
(D) The county director of human services shall inspect 15,411
every home of a child who is receiving publicly funded child 15,412
day-care in the child's own home while the in-home aide is 15,413
providing the services. Inspections may be unannounced. Upon 15,414
receipt of a complaint, the county director shall investigate the 15,415
in-home aide and shall investigate and may inspect the home of a 15,416
child who is receiving publicly funded child day-care in the 15,417
child's own home. The caretaker parent shall permit the county 15,418
director to inspect any part of the child's home. The county 15,419
director shall prepare a written inspection report and furnish 15,420
one copy each to the in-home aide and the caretaker parent within 15,421
a reasonable time after the inspection. 15,422
Sec. 5104.30. (A) The department of human services is 15,431
hereby designated as the state agency responsible for 15,432
administration and coordination of federal and state funding for 15,433
publicly funded child day-care in this state. The PUBLICLY 15,434
FUNDED CHILD DAY-CARE SHALL BE PROVIDED TO THE FOLLOWING: 15,435
(1) RECIPIENTS OF TRANSITIONAL CHILD DAY-CARE AS PROVIDED 15,437
UNDER SECTION 5104.34 OF THE REVISED CODE; 15,438
(2) RECIPIENTS OF THE OHIO WORKS COMPONENT OF THE OHIO 15,440
WORKS FIRST PROGRAM ESTABLISHED UNDER CHAPTER 5107. OF THE 15,441
REVISED CODE;
(3) SUBJECT TO AVAILABLE FUNDS, OTHER INDIVIDUALS 15,443
367
DETERMINED ELIGIBLE IN ACCORDANCE WITH RULES ADOPTED UNDER 15,444
SECTION 5104.38 OF THE REVISED CODE.
THE department shall apply to the United States department 15,447
of health and human services for authority to operate a 15,448
coordinated program for publicly funded child day-care, if the 15,449
director of human services determines that the application is 15,450
necessary. For purposes of this section, the department of human 15,451
services may enter into agreements with other state agencies that 15,452
are involved in regulation or funding of child day-care. The 15,453
department shall consider the special needs of migrant workers 15,454
when it administers and coordinates publicly funded child 15,455
day-care and shall develop appropriate procedures for 15,456
accommodating the needs of migrant workers for publicly funded 15,457
child day-care.
(B) The department of human services shall distribute 15,459
state and federal funds for publicly funded child day-care, 15,460
including appropriations of state funds for publicly funded child 15,461
day-care and appropriations of federal funds for publicly funded 15,462
child day-care under Title IV-A of the "Social Security Act," 49 15,463
Stat. 627 (1935), 42 U.S.C.A. 601, as amended, Title XX of the 15,464
"Social Security Act," 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as 15,465
amended, the "Family Support Act of 1988," 102 Stat. 2343, 42 15,466
U.S.C.A. 1305 note, as amended, section 5081 of the "Omnibus 15,467
Budget Reconciliation Act of 1990," 104 Stat. 1388-233, 42 U.S.C. 15,468
602(i), as amended, and the child care block grant act. The 15,469
department may use any state funds appropriated for publicly 15,470
funded child day-care as the state share required to match any 15,471
federal funds appropriated for publicly funded child day-care. 15,472
(C) The department may use federal funds available under 15,474
the child care block grant act to hire staff to prepare any rules 15,475
required under this chapter and to administer and coordinate 15,476
federal and state funding for publicly funded child day-care. In 15,477
accordance with the applicable provisions of sections 15,478
658(E)(c)(3)(C), (G), and (H) of the child care block grant act, 15,479
368
42 U.S.C. 9858(c)(c)(3)(C), (e), and (f), the department shall 15,480
allocate and use at least twenty-five per cent of those federal 15,481
funds for a program of grants and loans that are distributed upon 15,482
application for proposals to improve the quality, and increase 15,483
the supply, of child day-care and to provide before school, after 15,484
school, and early childhood development services, shall use not 15,485
less than seventy-five per cent of the twenty-five per cent 15,486
allocated for the grant and loan program to establish or to 15,487
expand and conduct, through grants or contracts, early childhood 15,488
development programs or before school and after school child 15,489
day-care programs, and shall use not less than twenty per cent of 15,490
the twenty-five per cent allocated for the grant and loan program 15,491
for child day-care resource and referral services, for grants and 15,492
loans to assist providers of child day-care in meeting the 15,493
requirements of this chapter, to monitor compliance with this 15,494
chapter, to provide training and technical assistance relative to 15,495
child day-care, and to improve compensation paid to child 15,496
day-care staff.
The department shall establish procedures for requesting 15,498
proposals and awarding grants under this division for expanding 15,499
and conducting early childhood development programs or before 15,500
school and after school child day-care programs. Each county may 15,501
submit only one coordinated proposal. The proposal shall include 15,502
a community needs assessment and evidence of broad community 15,503
participation in the proposal's development. The proposal may 15,504
provide that funds are to be divided among several child care 15,505
programs or prospective child care programs. At minimum, the 15,506
county coordinated proposal shall be endorsed by a majority of 15,507
the following: the director of the county department of human 15,508
services, the superintendents of school districts in which the 15,509
programs are proposed, the head start programs in the county, and 15,510
the child day-care resource and referral service organizations 15,511
serving the county. 15,512
(D) The department shall ensure that any federal funds 15,514
369
received by the state under the child care block grant act will 15,515
be used only to supplement, and will not be used to supplant, 15,516
federal, state, and local funds available on the effective date 15,517
of that act for publicly funded child day-care and related 15,518
programs. A county department of human services may purchase 15,519
child day-care from funds obtained through any other means. 15,520
(E) The department shall encourage the development of 15,522
suitable child day-care throughout the state, especially in areas 15,523
with high concentrations of recipients of public assistance and 15,524
families with low adjusted incomes. The department shall 15,525
encourage the development of suitable child day-care designed to 15,526
accommodate the special needs of migrant workers. On request, 15,527
the department, through its employees or contracts with state or 15,528
community child day-care resource and referral service 15,529
organizations, shall provide consultation to groups and 15,530
individuals interested in developing child day-care. The 15,531
department of human services may enter into interagency 15,532
agreements with the department of education, the board of 15,533
regents, the department of development, and other state agencies 15,534
and entities whenever the cooperative efforts of the other state 15,535
agencies and entities are necessary for the department of human 15,536
services to fulfill its duties and responsibilities under this 15,537
chapter. 15,538
THE DEPARTMENT MAY DEVELOP AND MAINTAIN A REGISTRY OF 15,540
PERSONS PROVIDING CHILD DAY-CARE AND MAY ADOPT RULES PURSUANT TO 15,541
CHAPTER 119. OF THE REVISED CODE ESTABLISHING PROCEDURES AND 15,542
REQUIREMENTS FOR ITS ADMINISTRATION.
(F) Based upon the market rate surveys it conducts in 15,544
accordance with rules adopted under Chapter 119. of the Revised 15,545
Code, the department of human services shall establish a maximum 15,546
rate of assistance that it will reimburse county departments of 15,547
human services for payments made to a child day-care center, type 15,548
A family day-care home, certified type B family day-care home, 15,549
certified in-home aide, approved child day camp, licensed school 15,550
370
child program, or licensed preschool program, which rate of 15,551
assistance may include a specific maximum rate for child day-care 15,552
that meets the performance standards of the "Head Start Act," 95 15,553
Stat. 499, 42 U.S.C. 9831 (1981), as amended, or that is 15,554
accredited by a nationally recognized early childhood education 15,555
or child care organization that provides on-site peer review and 15,556
has written standards exceeding the child day-care licensing 15,557
standards of this state that are reviewed periodically by its 15,558
members. If the department chooses to include a specific maximum 15,559
rate for child day-care received from providers accredited by 15,560
nationally recognized organizations, the department may annually 15,561
compile and publish a list of the organizations that qualify as 15,562
such accrediting organizations under this division. The 15,563
department may adopt rules regarding specific maximum rates, but 15,564
shall not implement them prior to July 1, 1992. The department 15,565
shall use the rate adopted for day-care of school children during 15,566
vacation hours when determining the maximum rate of assistance 15,567
that it will reimburse county departments of human services for 15,568
payments made to an approved child day camp. 15,569
The maximum rate may be waived by the department upon the 15,571
request of a county department of human services for an increase 15,572
in the rate of assistance based on the special needs of a child, 15,573
the special circumstances of a family, or unique child day-care 15,574
market conditions. The maximum rate may vary from county to 15,575
county according to variations in the cost of their services. 15,576
(G) The department shall adopt rules in accordance with 15,578
Chapter 119. of the Revised Code establishing A PROCEDURE FOR 15,579
DETERMINING MAXIMUM RATES OF REIMBURSEMENT AND a procedure for 15,580
paying providers of publicly funded child day-care. 15,581
Sec. 5104.32. (A) Except as provided in divisions (C) and 15,590
(D) of this section, all purchases of publicly funded child 15,591
day-care shall be made under a contract entered into by a 15,592
licensed child day-care center, licensed type A family day-care 15,593
home, certified type B family day-care home, certified in-home 15,594
371
aide, approved child day camp, licensed preschool program, or 15,595
licensed school child program and the county department of human 15,596
services. A county department of human services may enter into a 15,597
contract with a provider for publicly funded child day-care for a 15,598
specified period of time or upon a continuous basis for an 15,599
unspecified period of time. All contracts for publicly funded 15,600
child day-care shall be contingent upon the availability of state 15,601
and federal funds. The department of human services shall 15,602
prescribe a standard form to be used for all contracts for the 15,603
purchase of publicly funded child day-care, regardless of the 15,604
source of public funds used to purchase the child day-care. To 15,605
the extent permitted by federal law and notwithstanding any other 15,606
provision of the Revised Code that regulates state or county 15,607
contracts or contracts involving the expenditure of state, 15,608
county, or federal funds, all contracts for publicly funded child 15,609
day-care shall be entered into in accordance with the provisions 15,610
of this chapter and are exempt from any other provision of the 15,611
Revised Code that regulates state or county contracts or 15,612
contracts involving the expenditure of state, county, or federal 15,613
funds. 15,614
(B) Each contract for publicly funded child day-care shall 15,616
specify at least the following: 15,617
(1) That the provider of publicly funded child day-care 15,619
agrees to be paid for rendering services at the lower of the rate 15,620
customarily charged by the provider for children enrolled for 15,621
child day-care or the maximum rate of assistance established 15,622
under section 5104.30 of the Revised Code AVERAGE HOURLY COST OF 15,623
CARE; 15,624
(2) That, if a provider provides child day-care to an 15,626
individual potentially eligible for publicly funded child 15,627
day-care who is subsequently determined to be eligible, the 15,628
county department agrees to pay for all child day-care provided 15,629
between the date the county department receives the individual's 15,630
completed application and the date the individual's eligibility 15,631
372
is determined; 15,632
(3) Whether the county department of human services, the 15,634
provider, or a child day-care resource and referral service 15,635
organization will make eligibility determinations, whether the 15,636
provider or a child day-care resource and referral service 15,637
organization will be required to collect information to be used 15,638
by the county department to make eligibility determinations, and 15,639
the time period within which the provider or child day-care 15,640
resource and referral service organization is required to 15,641
complete required eligibility determinations or to transmit to 15,642
the county department any information collected for the purpose 15,643
of making eligibility determinations; 15,644
(4) That the provider shall continue to be licensed, 15,646
approved, or certified pursuant to this chapter or sections 15,647
3301.52 to 3301.59 of the Revised Code and shall comply with all 15,648
standards and other requirements in this chapter and those 15,649
sections and in rules adopted pursuant to this chapter or those 15,650
sections for maintaining the provider's license, approval, or 15,651
certification; 15,652
(5) Whether the provider will be paid by the county 15,654
department of human services or the state department of human 15,655
services; 15,656
(6) That the contract is subject to the availability of 15,658
state and federal funds. 15,659
(C) Unless specifically prohibited by federal law, the 15,661
county department of human services shall give individuals 15,662
eligible for publicly funded child day-care the option of 15,663
obtaining certificates for payment that the individual may use to 15,664
purchase services from any provider qualified to provide publicly 15,665
funded child day-care under section 5104.31 of the Revised Code. 15,666
Providers of publicly funded child day-care may present these 15,667
certificates for payment for reimbursement in accordance with 15,668
rules that the department of human services shall adopt. Only 15,669
providers may receive reimbursement for certificates for payment. 15,670
373
The value of the certificate for payment shall be based on the 15,671
lower of the rate customarily charged by the provider or the 15,672
maximum rate of assistance established under section 5104.30 of 15,673
the Revised Code AVERAGE HOURLY COST OF CARE. The county 15,674
department may provide the certificates for payment to the 15,676
individuals or may contract with child day-care providers or 15,677
child day-care resource and referral service organizations that 15,678
make determinations of eligibility for publicly funded child 15,679
day-care pursuant to contracts entered into under section 5104.34 15,680
of the Revised Code for the providers or resource and referral 15,681
service organizations to provide the certificates for payment to 15,682
individuals whom they determine are eligible for publicly funded 15,683
child day-care.
(D) As used in this division, "transitional child 15,685
day-care" means the child day-care provided in accordance with 15,686
Title IV-A of the "Social Security Act," 49 Stat. 627 (1935), 42 15,687
U.S.C. 602(g), as amended, for a period of twelve months, to a 15,688
family that has ceased to receive assistance under Chapter 5107. 15,689
of the Revised Code due to employment. 15,690
Families eligible for retroactive transitional child 15,692
day-care may be reimbursed directly for the cost of child 15,693
day-care provided during the family's period of eligibility for 15,694
transitional child day-care. EACH PROVIDER SHALL SUBMIT ITS 15,695
AVERAGE HOURLY COST OF CARE TO THE STATE DEPARTMENT FOR USE IN 15,696
DETERMINING THE RATE OF REIMBURSEMENT FOR PUBLICLY FUNDED CHILD 15,697
DAY-CARE SERVICES. THE STATE DEPARTMENT MAY AUDIT THE PROVIDER'S 15,698
FINANCIAL RECORDS OR MAY ARRANGE FOR AN INDEPENDENT AUDIT OF A 15,699
PROVIDER'S FINANCIAL RECORDS TO VERIFY ITS AVERAGE HOURLY COST OF 15,700
CARE. FOR THE PURPOSES OF THIS DIVISION, A PROVIDER SHALL
PROVIDE ACCESS TO ITS FINANCIAL RECORDS TO THE STATE DEPARTMENT 15,702
OR ITS DESIGNEE ON REQUEST. 15,703
(E) THE STATE DEPARTMENT MAY ESTABLISH A MAXIMUM RATE OF 15,705
REIMBURSEMENT, WHICH MAY VARY BY AGE GROUP AND TYPE OF PROVIDER, 15,706
FOR CHILD DAY-CARE PROVIDERS WHOSE CHILD CLIENT POPULATION IS 15,707
374
MORE THAN SEVENTY-FIVE PER CENT PUBLICLY FUNDED. THE MAXIMUM 15,708
RATE MAY BE APPLIED TO ANY PROVIDER DESCRIBED IN THIS SECTION. 15,709
Sec. 5104.34. (A)(1) Each county department of human 15,718
services shall implement procedures for making determinations of 15,719
eligibility for publicly funded child day-care. Under those 15,720
procedures, the eligibility determination for each applicant 15,721
shall be made no later than thirty calendar days from the date 15,722
the county department receives a completed application for 15,723
publicly funded child day-care. Each applicant shall be notified 15,724
promptly of the results of the eligibility determination. An 15,725
applicant aggrieved by a decision or delay in making an 15,726
eligibility determination may appeal the decision or delay to the 15,727
department of human services in accordance with section 5101.35 15,728
of the Revised Code. The due process rights of applicants shall 15,729
be protected. 15,730
To the extent permitted by federal law, the county 15,732
department may make all determinations of eligibility for 15,733
publicly funded child day-care, may contract with child day-care 15,734
providers or child day-care resource and referral service 15,735
organizations for the providers or resource and referral service 15,736
organizations to make all or any part of the determinations, and 15,737
may contract with child day-care providers or child day-care 15,738
resource and referral service organizations for the providers or 15,739
resource and referral service organizations to collect specified 15,740
information for use by the county department in making 15,741
determinations. If a county department contracts with a child 15,742
day-care provider or a child day-care resource and referral 15,743
service organization for eligibility determinations or for the 15,744
collection of information, the contract shall require the 15,745
provider or resource and referral service organization to make 15,746
each eligibility determination no later than thirty calendar days 15,747
from the date the provider or resource and referral organization 15,748
receives a completed application that is the basis of the 15,749
determination and to collect and transmit all necessary 15,750
375
information to the county department within a period of time that 15,751
enables the county department to make each eligibility 15,752
determination no later than thirty days after the filing of the 15,753
application that is the basis of the determination. 15,754
The county department may station employees of the 15,756
department in various locations throughout the county and may 15,757
assign employees of the department to hours of employment outside 15,758
the normal working hours of the department to collect information 15,759
relevant to applications for publicly funded child day-care and 15,760
to make eligibility determinations. The county department, child 15,761
day-care provider, and child day-care resource and referral 15,762
service organization shall make each determination of eligibility 15,763
for publicly funded child day-care no later than thirty days 15,764
after the filing of the application that is the basis of the 15,765
determination, shall make each determination in accordance with 15,766
any relevant rules adopted pursuant to section 5104.38 of the 15,767
Revised Code, and shall notify promptly each applicant for 15,768
publicly funded child day-care of the results of the 15,769
determination of the applicant's eligibility. 15,770
On or before October 1, 1991, the department of human 15,772
services shall adopt rules in accordance with Chapter 119. of the 15,773
Revised Code for monitoring the eligibility determination 15,774
process. In accordance with those rules, the state department 15,775
shall monitor eligibility determinations made by county 15,776
departments of human services and shall direct any entity that is 15,777
not in compliance with this division or any rule adopted under 15,778
this division to implement corrective action specified by the 15,779
department. 15,780
(2) FOR AN APPLICANT TO BE ELIGIBLE FOR PUBLICLY FUNDED 15,782
CHILD DAY-CARE, THE CARETAKER PARENT MUST BE EMPLOYED OR 15,783
PARTICIPATING IN A PROGRAM OF EDUCATION OR TRAINING FOR AN AMOUNT 15,784
OF TIME REASONABLY RELATED TO THE TIME THAT THE PARENT'S CHILDREN 15,785
ARE RECEIVING PUBLICLY FUNDED CHILD DAY-CARE. THIS RESTRICTION 15,786
DOES NOT APPLY TO FAMILIES WHOSE CHILDREN ARE ELIGIBLE FOR
376
PROTECTIVE OR SPECIAL NEEDS DAY-CARE. All eligibility 15,787
determinations for publicly funded child day-care shall be made 15,789
in accordance with rules adopted by the department of human 15,790
services pursuant to division (A) of section 5104.38 of the 15,791
Revised Code.
(3) AN ASSISTANCE GROUP THAT CEASES TO RECEIVE ASSISTANCE 15,793
UNDER THE OHIO WORKS COMPONENT OF THE OHIO WORKS FIRST PROGRAM 15,794
ESTABLISHED UNDER CHAPTER 5107. OF THE REVISED CODE IS ELIGIBLE 15,795
FOR TRANSITIONAL CHILD DAY-CARE FOR THE IMMEDIATELY FOLLOWING 15,796
TWELVE-MONTH PERIOD IF ALL OF THE FOLLOWING APPLY: 15,797
(a) THE ASSISTANCE GROUP CEASED RECEIVING ASSISTANCE DUE 15,799
TO EMPLOYMENT; 15,800
(b) THE ASSISTANCE GROUP REQUIRES CHILD DAY-CARE DUE TO 15,802
EMPLOYMENT; 15,803
(c) THE ASSISTANCE GROUP'S INCOME IS NOT MORE THAN ONE 15,805
HUNDRED THIRTY-FIVE PER CENT OF THE FEDERAL POVERTY LINE. 15,806
AN ASSISTANCE GROUP INELIGIBLE FOR ASSISTANCE UNDER THE 15,808
OHIO WORKS COMPONENT PURSUANT TO SECTION 5107.15 OF THE REVISED 15,809
CODE IS NOT ELIGIBLE FOR TRANSITIONAL CHILD DAY-CARE. Families 15,810
eligible for transitional child day-care, as defined in division 15,812
(D) of section 5104.32 of the Revised Code, may be eligible for 15,813
retroactive transitional child day-care benefits, reimbursement 15,814
of costs for child day-care provided during the family's period 15,815
of eligibility for transitional child day-care, or both. 15,816
ASSISTANCE GROUPS ELIGIBLE FOR RETROACTIVE TRANSITIONAL CHILD 15,817
DAY-CARE MAY BE REIMBURSED DIRECTLY FOR THE COST OF CHILD
DAY-CARE PROVIDED DURING THE ASSISTANCE GROUP'S PERIOD OF 15,818
ELIGIBILITY FOR TRANSITIONAL CHILD DAY-CARE. 15,819
(B) To the extent permitted by federal law, a county 15,821
department of human services may require a caretaker parent 15,822
determined to be eligible for publicly funded child day-care to 15,823
pay a fee according to the schedule of fees established in rules 15,824
adopted under section 5104.38 of the Revised Code, except that a 15,825
county department shall not require any caretaker parent to pay a 15,826
377
fee for protective day-care. Each county department shall make 15,827
protective day-care services available to children without regard 15,828
to the adjusted income or assets of the caretaker parent of the 15,830
child.
(C) A caretaker parent receiving publicly funded child 15,832
day-care shall report to the entity that determined eligibility 15,834
any changes in status with respect to employment or participation 15,835
in a program of education or training.
Sec. 5104.38. In addition to any other rules adopted under 15,844
this chapter, the department of human services shall adopt rules 15,845
in accordance with Chapter 119. SECTION 111.15 of the Revised 15,847
Code that establish GOVERNING FINANCIAL AND ADMINISTRATIVE 15,849
REQUIREMENTS FOR PUBLICLY FUNDED CHILD DAY-CARE AND ESTABLISHING 15,850
all of the following:
(A) Procedures and criteria to be used in making 15,852
determinations of eligibility for publicly funded child day-care 15,853
that give priority to children of families with lower adjusted 15,854
incomes, including any amounts to be deducted from adjusted gross 15,855
income for the purpose of determining adjusted income, and 15,856
procedures and criteria for eligibility for publicly funded 15,858
protective day-care;
(B) A schedule of fees requiring any or all eligible 15,860
caretaker parents to pay a fee for publicly funded child day-care 15,861
according to adjusted income and family size, which schedule of 15,863
fees shall be uniform for all types of publicly funded child 15,864
day-care, shall not apply to caretaker parents whose children 15,865
receive protective day-care EXCEPT AS AUTHORIZED BY RULE, and, to 15,866
the extent permitted by federal law, shall permit the use of 15,867
state and federal funds to pay the customary deposits and other 15,868
advance payments that a provider charges all children who receive 15,869
child day-care from that provider; 15,870
(C) A formula based upon a percentage of the county's 15,872
total expenditures for publicly funded child day-care for 15,873
determining the maximum amount of state and federal funds 15,874
378
appropriated for publicly funded child day-care that a county 15,875
department may use for administrative purposes; a definition of 15,876
administrative purposes that specifies that recruiting child 15,877
day-care providers, providing child day-care resource and 15,878
referral services through a nonprofit organization or a county 15,879
department of human services, certifying child day-care 15,880
providers, and providing technical assistance training are not 15,881
administrative purposes; a formula for allocating, during the 15,882
first year after July 22, 1991, state and federal funds available 15,883
for publicly funded child day-care to county departments of human 15,884
services to begin to recruit and certify type B family child 15,885
day-care homes, which formula is based upon the same criteria as 15,886
are used to determine state allotments under section 658(O)(b) of 15,887
the child care block grant act, 42 U.S.C. 9858(m)(b); and a 15,888
formula for allocating, after that first year, state and federal 15,889
funds available for publicly funded child day-care to county 15,890
departments for those purposes upon the basis of the number of 15,891
children receiving publicly funded child day-care in type B 15,892
family day-care homes and other performance related standards; 15,893
(D) Procedures to be followed by the department and county 15,895
departments in recruiting individuals and groups to become 15,896
providers of child day-care; 15,897
(E) Procedures to be followed in establishing state or 15,899
local programs designed to assist individuals who are eligible 15,900
for publicly funded child day-care in identifying the resources 15,901
available to them and to refer the individuals to appropriate 15,902
sources to obtain child day-care; 15,903
(F) Procedures to deal with fraud and abuse committed by 15,905
either recipients or providers of publicly funded child day-care; 15,906
(G) Procedures for establishing a child day-care grant or 15,908
loan program in accordance with the child care block grant act; 15,909
(H) Standards and procedures for applicants to apply for 15,911
grants and loans, and for the department to make grants and 15,913
loans, under the grant and loan program established pursuant to
379
division (C) of section 5104.30 of the Revised Code; 15,914
(I) A definition of "person who stands in loco parentis" 15,916
for the purposes of division (CC)(II)(1) of section 5104.01 of 15,918
the Revised Code; 15,919
(J) Any other rules necessary to carry out sections 15,921
5104.30 to 5104.39 of the Revised Code. 15,922
Sec. 5104.39. (A) The state department of human services 15,931
shall adopt rules in accordance with Chapter 119. of the Revised 15,932
Code establishing a procedure for monitoring the expenditures of 15,933
county departments of human services to ensure that expenditures 15,934
do not exceed the available federal and state funds for publicly 15,935
funded child day-care. The state department, with the assistance 15,936
of the office of budget and management, shall monitor the 15,938
anticipated future expenditures of county departments for 15,939
publicly funded child day-care and shall compare those
anticipated future expenditures to available federal and state 15,940
funds for publicly funded child day-care. Whenever the state 15,941
department determines that the anticipated future expenditures of 15,942
the county departments will exceed the available federal and 15,943
state funds for publicly funded child day-care, it promptly shall 15,944
notify the county departments and, before the available state and 15,945
federal funds are used, the director of human services shall 15,946
issue and implement an administrative order that shall specify 15,947
both of the following: 15,948
(1) Priorities for allocating the remaining available 15,950
federal and state funds for publicly funded child day-care; 15,951
(2) Instructions and procedures to be used by the county 15,953
departments. 15,954
The order may suspend enrollment of all new participants in 15,956
any program of publicly funded child day-care or may limit 15,957
enrollment of new participants to those with adjusted incomes at 15,958
or below a specified percentage below the federal poverty line, 15,959
but it shall not limit enrollment by otherwise narrowing 15,960
eligibility standards established in statute for publicly funded 15,961
380
child day-care. 15,962
Each county department shall comply with the order no later 15,964
than thirty days after it is issued. If the state department 15,965
fails to notify the county departments and to implement the 15,966
reallocation priorities specified in the order before the 15,967
available federal and state funds for publicly funded child 15,968
day-care are used, the state department shall provide sufficient 15,969
funds to the county departments for publicly funded child 15,970
day-care to enable each county department to pay for all publicly 15,971
funded child day-care that was provided by providers pursuant to 15,972
contract prior to the date that the county department received 15,973
notice under this division and the state department implemented 15,974
in that county the priorities. 15,975
If after issuing an order under this division to suspend or 15,977
limit enrollment of new participants the state department 15,979
determines that available state and federal funds for publicly 15,980
funded child day-care exceed the anticipated future expenditures 15,981
of the county departments, the director may issue and implement 15,982
another administrative order increasing income eligibility levels 15,983
to a specified percentage of the federal poverty line. The order 15,984
shall include instructions and procedures to be used by the
county departments. Each county department shall comply with the 15,985
order not later than thirty days after it is issued. 15,986
(B) The state department of human services shall conduct 15,988
an annual evaluation of the program of publicly funded child 15,989
day-care that is operated pursuant to sections 5104.30 to 5104.39 15,990
of the Revised Code, prepare an annual report based upon the 15,991
evaluation, and file a copy of the report with both houses of the 15,992
general assembly. The report shall comply with the report 15,993
required to be filed by section 658(K) of the child care block 15,994
grant act, 42 U.S.C. 9858(i) BE PREPARED IN ACCORDANCE WITH 15,995
DIVISION (B) OF SECTION 5101.97 OF THE REVISED CODE. 15,996
Sec. 5104.42. The state department of human services SHALL 16,006
ADOPT RULES PURSUANT TO SECTION 111.15 OF THE REVISED CODE
381
ESTABLISHING A PAYMENT PROCEDURE FOR PUBLICLY FUNDED CHILD 16,007
DAY-CARE. THE RULES MAY PROVIDE THAT THE STATE DEPARTMENT WILL 16,008
EITHER REIMBURSE COUNTY DEPARTMENTS OF HUMAN SERVICES FOR 16,009
PAYMENTS MADE TO PROVIDERS OF PUBLICLY FUNDED CHILD DAY-CARE
PURSUANT TO CONTRACTS ENTERED INTO BETWEEN PROVIDERS AND COUNTY 16,010
DEPARTMENTS AND INVOICES SUBMITTED BY THE COUNTY DEPARTMENTS OR 16,011
WILL USE A COMBINATION OF REIMBURSEMENTS TO COUNTY DEPARTMENTS 16,012
AND DIRECT PAYMENTS TO PROVIDERS.
ALTERNATELY, THE STATE DEPARTMENT, by rule adopted in 16,014
accordance with section 111.15 of the Revised Code, may establish 16,015
a methodology for allocating among the county departments of 16,017
human services the state and federal funds appropriated for all 16,018
publicly funded child day-care services other than the following: 16,019
(A) Child day-care services provided to participants of 16,021
the job opportunities and basic skills training program 16,022
established under sections 5101.80 to 5101.91 of the Revised 16,023
Code;
(B) Child day-care services provided to participants of 16,025
the learning, earning, and parenting program established under 16,026
section 5107.30 of the Revised Code; 16,027
(C) Transitional child day-care, as defined in section 16,029
5104.32 of the Revised Code. IF THE 16,030
The state department CHOOSES TO ALLOCATE FUNDS FOR PUBLICLY 16,032
FUNDED CHILD DAY-CARE, IT may provide the funds to each county 16,033
department, up to the limit of the county's allocation, by 16,035
advancing the funds or reimbursing county day-care expenditures. 16,036
The rules adopted under this section may prescribe procedures for 16,037
making the advances or reimbursements. The rules may establish a 16,038
method under which the state department may determine which
county expenditures for day-care services, other than those 16,039
described in divisions (A) to (C) of this section, are allowable 16,040
for use of state and federal funds. 16,041
The rules may establish procedures that a county department 16,043
shall follow when the county department determines that its 16,045
382
anticipated future expenditures for publicly funded child 16,046
day-care services, other than those described in divisions (A) to 16,047
(C) of this section, will exceed the amount of state and federal 16,048
funds allocated by the state department. The procedures may 16,049
include suspending or limiting enrollment of new participants.
Sec. 5107.01. (A) As used in this section, "health care" 16,058
means assistance provided under the medical assistance program 16,059
established pursuant to Chapter 5111. of the Revised Code 16,061
CHAPTER:
(1) "ADULT" MEANS AN INDIVIDUAL WHO IS NOT A MINOR CHILD. 16,063
(2) "ASSISTANCE GROUP" MEANS A GROUP OF INDIVIDUALS 16,065
TREATED AS A UNIT FOR PURPOSES OF DETERMINING ELIGIBILITY FOR AND 16,066
THE AMOUNT OF ASSISTANCE PROVIDED UNDER OHIO WORKS FIRST THAT 16,067
INCLUDES AT LEAST ONE OF THE FOLLOWING: 16,068
(a) A MINOR CHILD WHO RESIDES WITH A CUSTODIAL PARENT OR 16,070
OTHER CARETAKER RELATIVE OF THE CHILD; 16,071
(b) A WOMAN AT LEAST SIX MONTHS PREGNANT. 16,073
(3) "EMERGENCY ASSISTANCE" MEANS THE COMPONENT OF THE OHIO 16,076
WORKS FIRST PROGRAM ESTABLISHED UNDER SECTION 5107.03 OF THE 16,077
REVISED CODE.
(4) "MINOR CHILD" MEANS EITHER OF THE FOLLOWING: 16,079
(a) AN INDIVIDUAL WHO HAS NOT ATTAINED AGE EIGHTEEN; 16,081
(b) AN INDIVIDUAL WHO HAS NOT ATTAINED AGE NINETEEN AND IS 16,084
A FULL-TIME STUDENT IN A SECONDARY SCHOOL OR IN THE EQUIVALENT 16,085
LEVEL OF VOCATIONAL OR TECHNICAL TRAINING.
(5) "OHIO WORKS" MEANS THE COMPONENT OF THE OHIO WORKS 16,088
FIRST PROGRAM ESTABLISHED UNDER SECTION 5107.02 OF THE REVISED 16,089
CODE.
(6) "OHIO WORKS FIRST" MEANS THE PROGRAM ESTABLISHED BY 16,091
THIS CHAPTER KNOWN AS TEMPORARY ASSISTANCE FOR NEEDY FAMILIES IN 16,092
TITLE IV-A. 16,093
(7) "PREVENTION AND RETENTION ASSISTANCE" MEANS THE 16,095
COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER 16,096
SECTION 5107.04 OF THE REVISED CODE. 16,097
383
(8) "TITLE IV-A" OR "TITLE IV-D" MEAN TITLE IV-A OR TITLE 16,101
IV-D OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C. 16,103
301, AS AMENDED.
(B) THERE IS HEREBY ESTABLISHED THE OHIO WORKS FIRST 16,105
PROGRAM CONSISTING OF THREE COMPONENTS: OHIO WORKS, EMERGENCY 16,106
ASSISTANCE, AND PREVENTION AND RETENTION ASSISTANCE. The 16,108
department of human services shall administer aid to dependent 16,109
children under this chapter THE PROGRAM in accordance with Title 16,110
IV-A of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 16,111
301, as amended, FEDERAL REGULATIONS, THE REVISED CODE, AND THE 16,113
STATE PLAN PREPARED UNDER SECTION 5107.06 OF THE REVISED CODE as
long as federal funds are provided for such aid THE PROGRAM. 16,115
(C) All THE DEPARTMENT OF HUMAN SERVICES SHALL MAKE ALL 16,117
payments for aid to dependent children OHIO WORKS FIRST AND 16,118
MEDICAL ASSISTANCE PROVIDED UNDER CHAPTER 5111. OF THE REVISED 16,119
CODE TO RECIPIENTS OF THE OHIO WORKS COMPONENT, except FOR 16,120
COUNTIES' SHARE OF THE expenditures for county administration 16,122
DETERMINED UNDER SECTION 5101.16 OF THE REVISED CODE, shall be 16,123
made by the director of human services from funds appropriated 16,124
for that purpose THE OHIO WORKS FIRST AND MEDICAL ASSISTANCE 16,125
PROGRAMS, unless the director determines that DEPARTMENT ADOPTS A 16,127
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 16,129
should be made by the county. If the director so determines, the 16,130
director shall adopt a DEPARTMENT ADOPTS THE rule to that effect 16,131
and, THE COUNTY TREASURER ON WARRANT OF THE COUNTY AUDITOR SHALL 16,133
MAKE THE payments made after the rule's effective date shall be 16,134
made by the county treasurer on warrant of the county auditor 16,135
SPECIFIED IN THE RULE. The department shall thereafter advance 16,137
from state and federal funds sufficient funds to provide the 16,138
county treasurer with FUNDS IN the amount estimated to represent 16,140
the state and federal shares of such THE payments THE COUNTY 16,141
MAKES. State and federal moneys received by the county shall be 16,142
deposited in the public assistance fund established under section 16,143
384
5101.161 of the Revised Code, and all payments shall be made from 16,144
that fund. Expenditures for county administration shall be paid 16,145
by the county treasurer on warrant of the county auditor. 16,146
(D) The director may apply to the United States secretary 16,149
of health and human services for a waiver of federal requirements
to implement this division. Subject to the terms and conditions 16,151
of the waiver, the director may authorize one or more counties to 16,152
implement a program under which, in lieu of the sanctions 16,153
prescribed in sections 5101.88 and 5101.881 of the Revised Code, 16,154
payments for cash assistance under this chapter to an assistance 16,155
group that includes a member participating in the JOBS program 16,156
established under sections 5101.80 to 5101.94 of the Revised Code 16,159
shall be made after the member has participated in the program a 16,160
period of time specified in rules the department shall adopt in 16,161
accordance with Chapter 119. of the Revised Code.
Sec. 5107.02. SUBJECT TO THE AVAILABILITY OF FUNDS, THE 16,163
DEPARTMENT OF HUMAN SERVICES SHALL ESTABLISH AS A COMPONENT OF 16,164
THE OHIO WORKS FIRST PROGRAM AN OHIO WORKS PROGRAM. UNDER THE 16,167
OHIO WORKS COMPONENT, A RECIPIENT SHALL RECEIVE, EXCEPT AS 16,168
OTHERWISE PROVIDED BY THIS CHAPTER AND SECTIONS 5101.95 AND 16,169
5111.017 OF THE REVISED CODE, ONGOING BUT TIME-LIMITED CASH 16,170
ASSISTANCE IN EXCHANGE FOR SATISFYING WORK RESPONSIBILITIES AND 16,171
OTHER REQUIREMENTS FOR ASSISTANCE.
A RECIPIENT OF OHIO WORKS IS ELIGIBLE FOR MEDICAL 16,174
ASSISTANCE UNDER CHAPTER 5111. OF THE REVISED CODE. 16,175
Sec. 5107.16 5107.03. The SUBJECT TO THE AVAILABILITY OF 16,186
FUNDS, THE department of human services shall implement the 16,187
family ESTABLISH AS A COMPONENT OF THE OHIO WORKS FIRST PROGRAM 16,188
AN emergency assistance program to provide emergency assistance 16,189
to families with children, INCLUDING FAMILIES IN NEED OF 16,190
EMERGENCY ASSISTANCE UNDER SECTION 5153.165 OF THE REVISED CODE. 16,191
The program shall be operated COUNTY DEPARTMENTS OF HUMAN 16,192
SERVICES SHALL ADMINISTER THIS COMPONENT in accordance with 16,193
section 406(e) of the "Social Security Act," 49 Stat. 620 (1935), 16,194
385
42 U.S.C. 606, as amended. To implement this section, the 16,195
department shall amend THE PROVISIONS OF the state plan for aid 16,196
to dependent children OHIO WORKS FIRST prepared in accordance 16,197
with section 5107.02 5107.06 of the Revised Code THAT CONCERN THE 16,199
EMERGENCY ASSISTANCE COMPONENT AND RULES ADOPTED UNDER SECTION 16,200
5107.07 OF THE REVISED CODE. The department shall adopt rules as
needed for purposes of implementing and operating the program. 16,202
On receiving federal approval of state plan amendments made 16,203
pursuant to division (B) of section 5153.165 of the Revised Code, 16,204
the department shall promptly adopt rules governing the provision
of assistance through the program under that section. All rules 16,205
adopted under this section shall be adopted in accordance with 16,206
section 111.15 of the Revised Code. ASSISTANCE PROVIDED UNDER 16,208
THE EMERGENCY ASSISTANCE COMPONENT SHALL BE COORDINATED WITH 16,209
ASSISTANCE PROVIDED UNDER THE PREVENTION AND RETENTION ASSISTANCE 16,210
COMPONENT.
EXCEPT AS PROVIDED IN RULES ADOPTED UNDER SECTION 5107.07 16,212
OF THE REVISED CODE, THE REQUIREMENTS OF THE OHIO WORKS COMPONENT 16,214
DO NOT APPLY TO THE EMERGENCY ASSISTANCE COMPONENT. 16,215
AN INDIVIDUAL ELIGIBLE FOR THE EMERGENCY ASSISTANCE 16,217
COMPONENT IS NOT ELIGIBLE FOR MEDICAL ASSISTANCE UNDER CHAPTER 16,218
5111. OF THE REVISED CODE UNLESS THE INDIVIDUAL IS ELIGIBLE 16,219
PURSUANT TO SECTION 5111.01 OF THE REVISED CODE. 16,220
Sec. 5107.04. SUBJECT TO THE AVAILABILITY OF FUNDS, THE 16,222
DEPARTMENT OF HUMAN SERVICES SHALL ESTABLISH AS A COMPONENT OF 16,223
THE OHIO WORKS FIRST PROGRAM A PREVENTION AND RETENTION 16,225
ASSISTANCE PROGRAM TO PROVIDE ASSISTANCE TO FAMILIES WITH 16,226
CHILDREN THAT NEED ASSISTANCE IN OVERCOMING IMMEDIATE BARRIERS TO 16,227
ACHIEVING OR MAINTAINING SELF-SUFFICIENCY AND, WITHOUT THE 16,228
ASSISTANCE, WOULD REQUIRE ASSISTANCE UNDER THE OHIO WORKS 16,229
COMPONENT. A BOARD OF COUNTY COMMISSIONERS, AFTER CONSULTING 16,230
WITH THE COUNTY DEPARTMENT OF HUMAN SERVICES, MAY ADOPT A 16,231
RESOLUTION PROVIDING FOR THE COUNTY NOT TO IMPLEMENT THE 16,232
PREVENTION AND RETENTION ASSISTANCE COMPONENT IN THE COUNTY. 16,233
386
ASSISTANCE PROVIDED UNDER THE PREVENTION AND RETENTION ASSISTANCE 16,235
COMPONENT SHALL BE COORDINATED WITH ASSISTANCE PROVIDED UNDER THE 16,236
EMERGENCY ASSISTANCE COMPONENT.
EXCEPT AS PROVIDED IN RULES ADOPTED UNDER SECTION 5107.07 16,238
OF THE REVISED CODE, THE REQUIREMENTS OF THE OHIO WORKS COMPONENT 16,240
DO NOT APPLY TO THE PREVENTION AND RETENTION ASSISTANCE 16,241
COMPONENT. 16,242
AN INDIVIDUAL ELIGIBLE FOR THE PREVENTION AND RETENTION 16,244
ASSISTANCE COMPONENT IS NOT ELIGIBLE FOR MEDICAL ASSISTANCE UNDER 16,246
CHAPTER 5111. OF THE REVISED CODE UNLESS THE INDIVIDUAL IS
ELIGIBLE PURSUANT TO SECTION 5111.01 OF THE REVISED CODE. 16,247
Sec. 5107.02 5107.06. (A) The department of human 16,256
services shall: 16,257
(1) Prepare and submit to the United States secretary of 16,259
health and human services a STATE plan for aid to dependent 16,260
children THE OHIO WORKS FIRST PROGRAM AND AMENDMENTS TO THE PLAN 16,262
THAT THE DEPARTMENT DETERMINES NECESSARY;
(2) Prescribe forms for applications, certificates, 16,264
reports, records and accounts of the county administration 16,265
DEPARTMENTS OF HUMAN SERVICES, and other matters; 16,267
(3) Make such reports, in such form and containing such 16,269
information as the administration DEPARTMENT may find necessary 16,270
to assure the correctness and verification of such reports; 16,272
(4) Require such reports and information from each county 16,274
administration DEPARTMENT OF HUMAN SERVICES as may be necessary 16,275
or advisable; 16,276
(5) Provide, by rules or otherwise, for putting into 16,278
effect such methods of administration and procedure as are found 16,279
by the administration or the department to be necessary to the 16,280
efficient operation of the plan in the respective counties; 16,281
(6) Afford a fair hearing IN ACCORDANCE WITH SECTION 16,283
5101.35 OF THE REVISED CODE to any individual entitled thereto 16,285
under section 5107.05 of the Revised Code, in which case the 16,286
finding and order of the department shall be final APPLICANT FOR,
387
OR RECIPIENT OR FORMER RECIPIENT OF, OHIO WORKS FIRST AGGRIEVED 16,287
BY A DECISION REGARDING THE PROGRAM; 16,288
(7)(6) Administer and expend, pursuant to this chapter, 16,290
any sums appropriated by the general assembly for the purpose of 16,291
this chapter and all sums paid to the state by the secretary of 16,293
the treasury of the United States as authorized by Title IV-A of 16,295
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 16,297
amended;
(8)(7) Conduct such investigations as are necessary; 16,299
(9)(8) Enter into reciprocal agreements with other states 16,301
relative to the provision of aid to dependent children OHIO WORKS 16,303
FIRST to residents and nonresidents; 16,304
(10) Adopt rules establishing eligibility requirements for 16,306
aid and the method of determining the amount of aid an assistance 16,307
group may receive under this chapter. The rules shall specify 16,308
what is considered countable income for the purpose of 16,309
determining financial eligibility and the amount of assistance an 16,310
assistance group may receive under this chapter. The rules shall 16,311
be consistent with Title IV-A of the "Social Security Act," 16,314
regulations promulgated by and the plan for aid to dependent 16,315
children approved by the United States secretary of health and 16,316
human services under Title IV-A of that act, this chapter, and 16,317
any other section of the Revised Code establishing conditions and 16,318
requirements of aid under this chapter. 16,320
(B)(1) The department shall (9) ANNUALLY determine a 16,322
minimum standard as of January 1, 1979, and shall update the 16,324
minimum standard annually. "Minimum standard" means the minimum 16,325
amounts of income and resources necessary for persons to maintain 16,326
health and decency. 16,327
(2) The department shall establish, by rule, a payment 16,329
standard based on state appropriations that is the maximum amount 16,330
of aid an assistance group may receive under this chapter. 16,331
(C) For the purpose of investigations, any authorized 16,333
representative of the department shall have access to all records 16,334
388
and information bearing thereon. 16,335
The department may adopt reasonable rules governing the 16,337
custody, use, and preservation of the records, papers, files, and 16,338
communications of the department, the county administration for 16,339
aid to dependent children, and all other state and county 16,340
officials participating in the administration of this chapter. 16,341
Wherever names and addresses of recipients of aid to dependent 16,342
children or applicants for such aid or any other disclosure of 16,343
information concerning such recipients or applicants are 16,344
furnished to or held by any other agency, department, or officer 16,345
of government, such agency, department, or officer of government 16,346
shall adopt rules necessary to prevent the publication of lists 16,347
thereof or the disclosure of information concerning applicants 16,348
and recipients or the use of such lists or information for 16,349
purposes not directly connected with the administration of aid to 16,350
dependent children. 16,351
No person shall, except for purposes directly connected 16,353
with the administration of public assistance, and in accordance 16,354
with the rules of the department solicit, disclose, receive, make 16,355
use of, or authorize, knowingly permit, participate in, or 16,356
acquiesce in the use of, any list of or names of, persons 16,357
applying for or receiving such assistance, directly or indirectly 16,358
derived from the records, papers, files, or communications of the 16,359
department or county administrations or agencies thereof, or 16,360
acquired in the course of the performance of official duties. 16,361
(D) Each county administration shall comply with the 16,363
rules, determinations, and orders of the department. 16,364
(B) AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT OR A 16,366
COUNTY DEPARTMENT OF HUMAN SERVICES SHALL HAVE ACCESS TO ALL 16,367
RECORDS AND INFORMATION BEARING THEREON FOR THE PURPOSES OF 16,368
INVESTIGATIONS CONDUCTED PURSUANT TO THIS SECTION. 16,369
Sec. 5107.07. (A) THE DEPARTMENT OF HUMAN SERVICES SHALL 16,372
ADOPT RULES TO IMPLEMENT THIS CHAPTER. THE RULES SHALL BE 16,373
CONSISTENT WITH TITLE IV-A, TITLE IV-D, FEDERAL REGULATIONS, THE 16,378
389
REVISED CODE, THE STATE PLAN FOR OHIO WORKS FIRST PREPARED UNDER 16,381
SECTION 5107.06 OF THE REVISED CODE, AND WAIVERS GRANTED BY THE 16,383
UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES. RULES 16,385
GOVERNING ELIGIBILITY, PROGRAM PARTICIPATION, AND OTHER APPLICANT 16,386
AND RECIPIENT REQUIREMENTS SHALL BE ADOPTED IN ACCORDANCE WITH 16,388
CHAPTER 119. OF THE REVISED CODE. RULES GOVERNING FINANCIAL AND 16,389
OTHER ADMINISTRATIVE REQUIREMENTS APPLICABLE TO THE DEPARTMENT 16,390
AND COUNTY DEPARTMENTS OF HUMAN SERVICES SHALL BE ADOPTED IN 16,391
ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE.
(1) THE RULES SHALL SPECIFY, ESTABLISH, OR PROVIDE FOR ALL 16,394
OF THE FOLLOWING:
(a) METHODS OF ADMINISTRATION AND PROCEDURE THAT THE 16,397
DEPARTMENT DETERMINES NECESSARY FOR THE EFFICIENT OPERATION OF 16,398
THE OHIO WORKS FIRST PROGRAM BY THE DEPARTMENT AND COUNTY 16,399
DEPARTMENTS OF HUMAN SERVICES; 16,400
(b) A PAYMENT STANDARD BASED ON FEDERAL AND STATE 16,402
APPROPRIATIONS THAT IS THE MAXIMUM AMOUNT OF ASSISTANCE AN 16,403
ASSISTANCE GROUP MAY RECEIVE UNDER THE OHIO WORKS COMPONENT FROM 16,405
FEDERAL AND STATE FUNDS. A COUNTY MAY USE COUNTY FUNDS TO 16,406
INCREASE THE AMOUNT AN ASSISTANCE GROUP RECEIVES. 16,407
(c) REQUIREMENTS FOR INITIAL AND CONTINUED ELIGIBILITY FOR 16,410
OHIO WORKS, INCLUDING REQUIREMENTS REGARDING INCOME, CITIZENSHIP, 16,411
AGE, RESIDENCE, AND ASSISTANCE GROUP COMPOSITION. THE DEPARTMENT 16,412
MAY ESTABLISH RESOURCE LIMITS. 16,413
(d) REQUIREMENTS FOR ELIGIBILITY FOR EMERGENCY ASSISTANCE, 16,416
INCLUDING WHAT CONSTITUTES AN EMERGENCY AND THE FREQUENCY WITH 16,417
WHICH A FAMILY MAY RECEIVE EMERGENCY ASSISTANCE. THE RULES SHALL 16,418
SPECIFY WHICH REQUIREMENTS OF THE OHIO WORKS COMPONENT APPLY TO 16,419
EMERGENCY ASSISTANCE. 16,420
(e) REQUIREMENTS FOR PREVENTION AND RETENTION ASSISTANCE. 16,423
THE RULES SHALL SPECIFY WHICH REQUIREMENTS OF THE OHIO WORKS 16,424
COMPONENT APPLY TO PREVENTION AND RETENTION ASSISTANCE. 16,425
(f) FOR THE PURPOSE OF SECTION 5107.09 OF THE REVISED 16,427
CODE, APPLICATION AND VERIFICATION PROCEDURES, INCLUDING THE 16,428
390
INFORMATION AN APPLICATION MUST CONTAIN; 16,429
(g) THE METHOD TO DETERMINE THE AMOUNT OF ASSISTANCE AN 16,432
ASSISTANCE GROUP RECEIVES;
(h) SERVICES PROVIDED TO ASSISTANCE GROUPS; 16,434
(i) SPECIAL PROJECTS AND REQUIREMENTS THE DEPARTMENT 16,437
DETERMINES ARE NECESSARY TO ACCOMPLISH THE GOALS OF OHIO WORKS 16,438
FIRST;
(j) THE EXTENT TO WHICH A RECIPIENT OF THE OHIO WORKS 16,441
COMPONENT MUST NOTIFY, PURSUANT TO SECTION 5107.09 OF THE REVISED 16,442
CODE, A COUNTY DEPARTMENT OF ADDITIONAL INCOME OR, IF A RESOURCE 16,443
LIMIT IS ESTABLISHED, RESOURCES NOT PREVIOUSLY REPORTED TO THE 16,444
COUNTY DEPARTMENT; 16,445
(k) REQUIREMENTS FOR COLLECTION AND DISTRIBUTION OF 16,448
SUPPORT PAYMENTS OWED RECIPIENTS OF THE OHIO WORKS FIRST PROGRAM 16,449
PURSUANT TO SECTION 5107.11 OF THE REVISED CODE; 16,450
(l) REQUIREMENTS GOVERNING SELF-SUFFICIENCY CONTRACTS 16,453
UNDER SECTION 5107.20 OF THE REVISED CODE;
(m) FOR THE PURPOSE OF SECTION 5107.24 OF THE REVISED 16,455
CODE, WHAT CONSTITUTES COOPERATING IN ESTABLISHING A CHILD'S 16,456
PATERNITY OR ESTABLISHING, MODIFYING, OR ENFORCING A CHILD 16,457
SUPPORT ORDER AND GOOD CAUSE FOR FAILURE OR REFUSAL TO COOPERATE. 16,458
THE RULE SHALL BE CONSISTENT WITH 42 U.S.C. 654(29). 16,461
(n) THE DEFINITION OF "OTHER ADULT RELATIVE" FOR THE 16,464
PURPOSE OF SECTION 5107.26 OF THE REVISED CODE;
(o) THE ADMINISTRATION OF THE LEAP PROGRAM PROVIDED FOR 16,467
UNDER SECTION 5107.30 OF THE REVISED CODE; 16,468
(p) THE ADMINISTRATION OF THE LEARNFARE PROGRAM 16,470
ESTABLISHED UNDER SECTION 5107.32 OF THE REVISED CODE, INCLUDING 16,471
ALL OF THE FOLLOWING: 16,472
(i) THE SCHOOL ATTENDANCE REQUIREMENT FOR LEARNFARE 16,475
PARTICIPANTS;
(ii) AN INCENTIVE TO ENCOURAGE A PARENT OR, IF THE 16,477
PARTICIPANT IS AGE EIGHTEEN OR NINETEEN, A PARTICIPANT TO CONSENT 16,479
TO THE RELEASE OF THE PARTICIPANT'S SCHOOL ATTENDANCE RECORDS AND 16,480
391
THE PARTICIPANT TO COMPLY WITH THE PROGRAM'S ATTENDANCE 16,481
REQUIREMENT;
(iii) ANY PROCEDURES OR REQUIREMENTS THE DEPARTMENT 16,484
CONSIDERS NECESSARY FOR IMPLEMENTATION OF THE PROGRAM. 16,485
THE DEPARTMENT SHALL ADOPT RULES UNDER DIVISION (A)(1)(p) 16,488
OF THIS SECTION IN CONSULTATION WITH THE STATE BOARD OF 16,489
EDUCATION. 16,490
(q) HOW TO DETERMINE WHETHER A PERSON IS DEVELOPMENTALLY 16,493
DISABLED OR MENTALLY ILL FOR THE PURPOSE OF SECTION 5107.34 OF 16,494
THE REVISED CODE. THE DEPARTMENT SHALL ADOPT THIS RULE IN 16,495
COLLABORATION WITH THE DEPARTMENTS OF MENTAL HEALTH AND MENTAL 16,496
RETARDATION AND DEVELOPMENTAL DISABILITIES.
(r) HOW TO DETERMINE WHETHER A PERSON HAS A SEVERE 16,499
LEARNING DISABILITY FOR THE PURPOSE OF SECTION 5107.34 OF THE 16,500
REVISED CODE. THE DEPARTMENT SHALL ADOPT THIS RULE IN 16,501
CONSULTATION WITH THE DEPARTMENT OF EDUCATION. 16,502
(s) THE ADMINISTRATION OF WORK RESPONSIBILITIES UNDER THE 16,505
OHIO WORKS COMPONENT ESTABLISHED BY SECTIONS 5107.40 TO 5107.68 16,506
OF THE REVISED CODE. THE RULES SHALL SPECIFY, ESTABLISH, OR 16,507
PROVIDE FOR ALL OF THE FOLLOWING:
(i) APPLICANT AND RECIPIENT PARTICIPATION REQUIREMENTS; 16,510
(ii) THE METHOD TO BE USED TO DETERMINE THE NUMBER OF 16,513
HOURS A RECIPIENT MUST PARTICIPATE IN A WORK ACTIVITY OR
ALTERNATIVE WORK ACTIVITY, WHICH SHALL NOT BE LESS THAN TWENTY 16,514
AND NOT MORE THAN FORTY HOURS A WEEK; 16,515
(iii) FOR THE PURPOSE OF DIVISION (B)(5) OF SECTION 16,518
5107.47 OF THE REVISED CODE, CIRCUMSTANCES CONSIDERED TO BE A 16,519
BARRIER TO EMPLOYMENT. THE LIMIT ON SUPPORT SERVICES ESTABLISHED 16,520
BY DIVISION (A)(3) OF SECTION 5107.60 OF THE REVISED CODE IS NOT 16,521
A BARRIER TO EMPLOYMENT. 16,522
(iv) FOR THE PURPOSE OF SECTION 5107.52 OF THE REVISED 16,524
CODE, THE METHOD BY WHICH THE DEPARTMENT MAY SHARE THE COSTS OF 16,525
WAGES AND OTHER BENEFITS UNDER THE SUBSIDIZED EMPLOYMENT PROGRAM 16,526
WITH A PUBLIC AGENCY HIRING AN OHIO WORKS RECIPIENT AND THE 16,527
392
PERIOD OF TIME A POSITION MAY BE SUBSIDIZED UNDER THE PROGRAM; 16,529
(v) REQUIREMENTS FOR ESTABLISHING WORK ACTIVITIES AND 16,532
ALTERNATIVE WORK ACTIVITIES UNDER SECTION 5107.60 OF THE REVISED
CODE;
(vi) FOR THE PURPOSE OF DIVISION (A)(2) OF SECTION 5107.60 16,535
OF THE REVISED CODE, MINIMUM STANDARDS FOR VOCATIONAL EDUCATION 16,536
PROGRAMS AND OTHER EDUCATIONAL PROGRAMS; 16,537
(vii) THE METHOD BY WHICH AN APPLICANT OR RECIPIENT MAY 16,540
DEMONSTRATE TO THE COUNTY DEPARTMENT A WILLINGNESS TO CEASE A 16,541
VIOLATION OF THE WORK RESPONSIBILITY;
(viii) FOR THE PURPOSE OF SECTION 5107.61 OF THE REVISED 16,543
CODE, SUPPORT SERVICES THAT ARE NECESSARY FOR AN OHIO WORKS 16,544
RECIPIENT TO PARTICIPATE IN A WORK ACTIVITY OR ALTERNATIVE WORK 16,545
ACTIVITY. 16,546
(2) THE RULES MAY SPECIFY, ESTABLISH, OR PROVIDE FOR THE 16,548
FOLLOWING: 16,549
(a) THAT COUNTIES MAKE ALL OR A PORTION OF PAYMENTS UNDER 16,552
SECTION 5107.01 OF THE REVISED CODE FOR OHIO WORKS FIRST AND 16,553
MEDICAL ASSISTANCE PROVIDED UNDER CHAPTER 5111. OF THE REVISED 16,555
CODE TO RECIPIENTS OF THE OHIO WORKS COMPONENT; 16,556
(b) THAT A COUNTY DEPARTMENT OF HUMAN SERVICES IS NOT 16,559
REQUIRED TO TAKE ACTION UNDER SECTION 5107.14 OF THE REVISED CODE
TO RECOVER AN ERRONEOUS PAYMENT THAT IS BELOW AN AMOUNT THE 16,560
DEPARTMENT SPECIFIES;
(c) THAT THE DEPARTMENT PAY WORKERS' COMPENSATION PREMIUMS 16,563
FOR AGENCIES AND ORGANIZATIONS PURSUANT TO DIVISION (C) OF 16,564
SECTION 5107.54 OF THE REVISED CODE.
(B) EACH COUNTY DEPARTMENT OF HUMAN SERVICES SHALL COMPLY 16,567
WITH THE STATE DEPARTMENT'S RULES, DETERMINATIONS, AND ORDERS. 16,568
Sec. 5107.05 5107.09. Application for aid AN ASSISTANCE 16,578
GROUP SEEKING ASSISTANCE under this chapter OHIO WORKS FIRST 16,579
shall be made APPLY to the A county administration and the 16,582
DEPARTMENT OF HUMAN SERVICES USING AN application shall contain 16,583
such CONTAINING information as the STATE department of human 16,584
393
services may require REQUIRES PURSUANT TO RULES ADOPTED UNDER 16,585
SECTION 5107.07 OF THE REVISED CODE. Unless THE ASSISTANCE GROUP 16,586
SHALL USE THE APPLICATION APPROPRIATE FOR THE COMPONENT OF OHIO 16,587
WORKS FIRST SOUGHT.
UNLESS the director of human services has provided for the 16,590
making of payments of aid ASSISTANCE under this chapter THE OHIO 16,591
WORKS COMPONENT by electronic benefit transfer pursuant to 16,592
section 5101.33 of the Revised Code, accompanying the application 16,593
in any county with a system of direct deposit for payments of 16,594
such aid ASSISTANCE shall be the authorization form that contains 16,595
the statement required by section 329.03 of the Revised Code. If 16,596
the assistance is to be paid by the auditor of state through the 16,597
medium of direct deposit, the application shall be accompanied by 16,598
an authorization form on which the applicant states one the 16,599
following:
(A) The applicant's designation of a financial institution 16,601
that is equipped for electronic fund transfers and authorized by 16,602
law to accept direct deposits by electronic transfer and the 16,603
account to which the applicant wishes the payments to be made by 16,604
direct deposit; 16,605
(B) The applicant's desire to receive such payments in the 16,607
form of a paper warrant. 16,608
When a county administration DEPARTMENT receives an 16,610
application for aid ASSISTANCE under this chapter OHIO WORKS 16,613
FIRST, it shall promptly make an investigation and record of the 16,614
circumstances of the applicant in order to ascertain the facts 16,615
surrounding the application and to obtain such other information 16,616
as may be required. Upon the completion of the investigation, 16,617
the county administration DEPARTMENT shall determine whether the 16,619
applicant is eligible for aid ASSISTANCE, the amount of aid 16,620
ASSISTANCE the applicant should receive, and the approximate date 16,621
when such aid THE ASSISTANCE shall begin. The amount so 16,623
determined shall be certified to the STATE department of human 16,624
services in such form as the department shall prescribe. 16,625
394
Warrants, direct deposits, or debit cards shall be delivered or 16,626
made payable to the caretaker of the child, or the child's duly 16,628
appointed guardian, or another individual who is concerned with 16,629
the welfare of the recipient, or vendor payments may be made on 16,630
behalf of such child under conditions that would qualify such
payments for federal matching, by the department in such THE 16,631
manner as the STATE department may prescribe except that warrants 16,633
for the payment of health care or foster care shall, at the 16,635
option of the department, be made payable to, and delivered to, 16,636
the persons or agencies furnishing such care. 16,637
If, during the continuance of aid, the recipient becomes 16,639
possessed of income or resources in excess of the amount 16,640
previously reported, the TO THE EXTENT REQUIRED BY RULES ADOPTED 16,641
UNDER SECTION 5107.07 OF THE REVISED CODE, A recipient OF THE 16,642
OHIO WORKS COMPONENT shall notify the county administration of 16,645
this fact DEPARTMENT immediately upon the receipt or possession 16,647
of such additional income or, IF A RESOURCE LIMIT IS ESTABLISHED 16,648
BY THOSE RULES, resources NOT PREVIOUSLY REPORTED TO THE COUNTY 16,649
DEPARTMENT. Any failure to report a possession of income or 16,650
resources in excess of the amount previously reported by the 16,651
recipient in compliance with this chapter to the SO NOTIFY A 16,652
county administration DEPARTMENT shall be regarded as prima-facie 16,654
evidence of an intent to defraud.
An applicant or recipient aggrieved because of a county 16,656
administration's decision or delay in making a decision may 16,657
appeal to the department in the manner prescribed by the 16,658
department and shall be afforded reasonable notice and 16,659
opportunity for a fair hearing. All decisions of the department 16,660
made on appeal shall be final and binding upon and complied with 16,661
by the county administration. 16,662
Any person who applies for aid under this section shall 16,664
receive a voter registration application under section 3503.10 of 16,665
the Revised Code.
Sec. 5107.07 5107.11. (A) The acceptance of aid 16,674
395
ASSISTANCE under this chapter THE OHIO WORKS FIRST PROGRAM 16,676
constitutes an assignment to the department of human services of 16,678
any rights an individual receiving aid ASSISTANCE has to support 16,679
from any other person, excluding medical support assigned 16,680
pursuant to section 5101.59 of the Revised Code. The rights to 16,681
support assigned to the department pursuant to this section 16,682
constitute an obligation of the person who is responsible for 16,683
providing the support to the state for the amount of aid payments 16,684
ASSISTANCE PROVIDED to the recipient or recipients whose needs 16,686
are included in determining the amount of aid received THE 16,687
MEMBERS OF THE RECIPIENT'S ASSISTANCE GROUP. Support 16,688
A CHILD SUPPORT ENFORCEMENT AGENCY SHALL COLLECT AND 16,690
DISTRIBUTE SUPPORT payments assigned to the state pursuant to 16,692
this section shall be collected by the county administration, and 16,693
reimbursements for aid payments shall be credited to the county, 16,694
state, and federal governments in the same proportions as they 16,695
participate in the financing of such payments. Support 16,696
obligations owed to children shall be distributed OHIO WORKS 16,697
FIRST RECIPIENTS, WHETHER ASSIGNED TO THE DEPARTMENT OR 16,698
UNASSIGNED, in accordance with laws and rules applicable to the 16,699
federal child support program under the "Social Services 16,700
Amendments of 1974," 88 Stat. 2351, 42 U.S.C.A. 651, as amended 16,702
TITLE IV-D, FEDERAL REGULATIONS, THE REVISED CODE, AND RULES 16,703
ADOPTED UNDER SECTION 5107.07 OF THE REVISED CODE. 16,704
(B) If a A child support enforcement agency THAT receives 16,707
in any month support payments that are made in accordance with a 16,708
support order and that are subject to division (A) of this 16,709
section, the agency, in accordance with division (A) of this 16,710
section and the rules adopted pursuant to division (D) of this 16,711
section, ASSIGNED TO THE DEPARTMENT shall pay the support 16,713
payments to the department of human services. Upon receipt of 16,714
any support payments pursuant to this division, the department, 16,715
in accordance with the rules adopted pursuant to division (D) of 16,716
this section and to the extent applicable, shall do all of the 16,717
396
following:
(1) If any of the IF A CHILD SUPPORT ENFORCEMENT AGENCY 16,720
RECEIVES, IN THE MONTH IN WHICH IT IS DUE UNDER A SUPPORT ORDER, 16,721
A support payments are received by the child support enforcement 16,723
agency PAYMENT ASSIGNED TO THE DEPARTMENT OR AN OBLIGOR MAKES, in 16,724
the month in which they were IT IS due under the A support order, 16,726
A SUPPORT PAYMENT ASSIGNED TO THE DEPARTMENT AND THE CHILD 16,727
SUPPORT ENFORCEMENT AGENCY RECEIVES THE SUPPORT PAYMENT IN A 16,728
SUBSEQUENT MONTH, THE DEPARTMENT SHALL pay the first fifty 16,730
dollars of those payments or the amount payable pursuant to 16,731
division (E) of this section THE SUPPORT PAYMENT to the obligee 16,732
no later than fifteen days after the last of those payments were 16,734
received in the applicable month by the agency; 16,735
(2) If any of the support payments are received by the 16,737
child support enforcement agency in a month subsequent to the 16,738
month in which the payments were due under the support order and 16,739
if the obligor made the support payments in the month in which 16,740
they were due under the support order, pay the first fifty 16,741
dollars of those support payments or the amount payable pursuant 16,742
to division (E) of this section to the obligee no later than 16,743
fifteen days after the last of those payments were received in 16,744
the applicable month by the agency; 16,745
(3) If divisions (B)(1) and (2) of this section are not 16,747
applicable, pay the full amount of the support payments to the 16,748
appropriate governmental entities in accordance with division (A) 16,749
of this section and the rules adopted pursuant to division (D) of 16,750
this section. THE PAYMENT TO THE OBLIGEE SHALL BE CREDITED TO 16,751
THE OBLIGEE FOR THE MONTH IT IS DUE REGARDLESS OF WHEN IT IS 16,753
RECEIVED. 16,754
(C) Child support collections received by the state THE 16,757
DEPARTMENT SHALL DEPOSIT SUPPORT PAYMENTS IT RECEIVES pursuant to
DIVISION (B) OF this section shall be deposited in INTO the state 16,759
treasury to the credit of the child support collections fund, 16,760
which is hereby created. Money credited to the fund shall be 16,761
397
used to make aid ASSISTANCE payments under this chapter THE OHIO 16,763
WORKS FIRST PROGRAM.
(D) The department of human services, in accordance with 16,765
section 111.15 of the Revised Code, shall adopt rules 16,766
establishing procedures for the administration of this section. 16,767
The rules shall include, but are not limited to, all of the 16,768
following: 16,769
(1) Procedures to ensure that the payments required by 16,771
divisions (B)(1) and (2) of this section are made within the 16,772
required period of time; 16,773
(2) Procedures establishing a period of time within which 16,775
child support enforcement agencies are required to pay support 16,776
payments to the department of human services pursuant to division 16,777
(B) of this section, which specified period of time shall enable 16,778
the department to comply with the time deadlines in divisions 16,779
(B)(1) and (2) of this section; 16,780
(3) Procedures to ensure compliance with division (E) of 16,782
this section; 16,783
(4) Any other procedures necessary to ensure compliance 16,785
with any applicable state or federal laws. 16,786
(E) If the amount of support payments that federal law 16,788
requires to be disregarded in determining eligibility for aid 16,789
under this chapter exceeds fifty dollars, the amount paid to an 16,790
obligee pursuant to divisions (B)(1) and (2) of this section 16,791
shall be the amount that federal law requires to be disregarded 16,792
when determining the eligibility of the family of an obligee for 16,793
aid under this chapter. 16,794
(F) As used in this section, "support order," "support," 16,796
"obligee," and "obligor" have the same meanings as in section 16,797
3113.21 of the Revised Code. 16,798
Sec. 5107.12. Aid ASSISTANCE under this chapter shall be 16,807
THE OHIO WORKS FIRST PROGRAM IS inalienable whether by way of 16,808
assignment, charge, or otherwise, and exempt from execution, 16,809
attachment, garnishment, and other like process. 16,811
398
Sec. 5107.04 5107.14. (A) As used in this section, 16,820
"erroneous payments" means payments of aid ASSISTANCE made under 16,822
this chapter THE OHIO WORKS FIRST PROGRAM to persons who are 16,824
ASSISTANCE GROUPS not entitled ELIGIBLE to receive them, 16,825
including aid ASSISTANCE paid as a result of misrepresentation or 16,826
fraud, and aid ASSISTANCE paid due to an error by the recipient A 16,828
MEMBER OF AN ASSISTANCE GROUP or by the A county department of 16,829
human services that made the payment. 16,830
(B) The amount of aid payable under this chapter in 16,832
respect to any children living in the same home shall be 16,833
determined on the basis of actual need as determined by the state 16,834
department of human services based on state appropriations, 16,835
taking into account the resources and income from other sources 16,836
of such children, their parents, and the relatives in whose home 16,837
they are living. 16,838
(C) The EXCEPT AS PROVIDED IN RULES ADOPTED UNDER SECTION 16,840
5107.07 OF THE REVISED CODE, EACH county department of human 16,841
services shall take action to recover erroneous payments, which. 16,842
ACTION may include REDUCING PAYMENTS OF ASSISTANCE MADE UNDER 16,844
OHIO WORKS FIRST TO ASSISTANCE GROUPS THAT RECEIVE ERRONEOUS 16,845
PAYMENTS OR instituting a civil action. Whenever aid has been 16,846
furnished to a recipient for whose support another person is 16,847
responsible such other person shall, in addition to the liability 16,848
otherwise imposed, as a consequence of failure to support such 16,849
recipient, be liable for all aid furnished to such recipient. 16,850
The value of the aid so furnished may be recovered in a civil 16,851
action brought by the county department. 16,852
(D) Each county department of human services shall retain 16,854
fifty per cent of the nonfederal share of the erroneous payments 16,855
it recovers, PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT, 16,856
DETERMINES OCCURRED under this section, REGARDLESS OF WHEN 16,857
RECOVERY IS MADE. The department of human services shall receive 16,859
the remaining fifty per cent of the nonfederal share of the 16,860
recovered THOSE payments. EACH COUNTY DEPARTMENT SHALL RETAIN 16,861
399
TWENTY-FIVE PER CENT OF ERRONEOUS PAYMENTS IT, ON OR AFTER THE 16,862
EFFECTIVE DATE OF THIS AMENDMENT, DETERMINES OCCURRED AND 16,863
RECOVERS AND THE STATE DEPARTMENT SHALL RECEIVE THE REMAINING 16,864
SEVENTY-FIVE PER CENT.
Sec. 5107.041 5107.15. As used in this section, 16,873
"fraudulent payment" means a payment of aid ASSISTANCE under this 16,874
chapter THE OHIO WORKS FIRST PROGRAM to or on behalf of an 16,876
assistance group that is made as a result of fraud by a member of 16,877
the assistance group. "Fraudulent payment" does not include a 16,878
payment under this chapter THE OHIO WORKS FIRST PROGRAM to or on 16,879
behalf of an assistance group that is made as a result of an 16,880
error that is the fault of a county department of human services 16,881
or the state department of human services. 16,882
Subject to the terms and conditions of federal waivers 16,884
granted pursuant to an application made under section 5101.09 of 16,886
the Revised Code, if IF a county director of human services 16,888
determines that an assistance group has received a fraudulent 16,889
payment, the assistance group is ineligible for aid ASSISTANCE 16,890
under this chapter THE OHIO WORKS FIRST PROGRAM until a member of 16,892
the assistance group repays the fraudulent payment. The 16,893
assistance group's eligibility for aid under this chapter shall 16,894
not be terminated until after the assistance group has exhausted 16,895
its appeals under section 5101.35 of the Revised Code if the 16,896
assistance group appeals under that section. If a member repays 16,897
the fraudulent payment and the assistance group otherwise meets 16,898
the eligibility requirements for aid under this chapter THE OHIO 16,899
WORKS FIRST PROGRAM, the assistance group is eligible for resumed 16,901
aid under this chapter SHALL NOT BE DENIED ASSISTANCE UNDER THE 16,902
PROGRAM. A person who would be eligible for aid under this 16,903
chapter if not for this section is eligible for medical 16,904
assistance under Chapter 5111. of the Revised Code.
If any provision of this section conflicts with the terms 16,906
and conditions of a federal waiver granted pursuant to an 16,907
application made under section 5101.09 of the Revised Code, the 16,909
400
terms and conditions of the federal waiver prevail. 16,910
THIS SECTION DOES NOT LIMIT THE ABILITY OF A COUNTY 16,912
DEPARTMENT OF HUMAN SERVICES TO RECOVER ERRONEOUS PAYMENTS UNDER 16,913
SECTION 5107.14 OF THE REVISED CODE.
Sec. 5107.32 5107.20. (A) As used in this section, 16,922
"adult" means a person age eighteen or older. 16,924
(B) Subject to the terms and conditions of federal waivers 16,926
granted pursuant to an application made under section 5101.09 of 16,927
the Revised Code, an AN assistance group is ineligible for aid 16,929
ASSISTANCE under this chapter THE OHIO WORKS COMPONENT unless 16,930
each adult member of the assistance group, at the time the 16,931
assistance group applies for aid ASSISTANCE or is undergoing a 16,932
redetermination of eligibility for aid ASSISTANCE under this 16,933
chapter THE COMPONENT, enters into a WRITTEN self-sufficiency 16,935
contract with the county department of human services under 16,937
which. THE CONTRACT SHALL PROVIDE FOR the assistance group 16,938
agrees, IN EXCHANGE FOR ASSISTANCE PROVIDED UNDER THE COMPONENT, 16,939
to comply with all requirements for aid ASSISTANCE under this 16,940
chapter THE COMPONENT, including the JOBS program WORK 16,942
RESPONSIBILITIES established under sections 5101.80 5107.40 to 16,944
5101.94 5107.68 of the Revised Code and other education and work 16,945
training activities REQUIREMENTS designed to assist persons in 16,947
obtaining employment. THE COUNTY DEPARTMENT SHALL PROVIDE 16,948
WITHOUT CHARGE A COPY OF THE CONTRACT TO EACH ASSISTANCE GROUP
MEMBER WHO SIGNS IT. A person who would be eligible for aid 16,950
ASSISTANCE under this chapter THE COMPONENT if not for this 16,951
section is eligible for medical assistance under Chapter 5111. of 16,952
the Revised Code. 16,953
The department of human services shall adopt rules in 16,955
accordance with Chapter 119. of the Revised Code that are 16,956
necessary to implement this section. The rules shall include the 16,957
contract document that adult assistance group members must sign 16,958
under this section. The contract shall state the 16,959
responsibilities of applicants for and recipients of aid under 16,960
401
this chapter.
If any provision of this section conflicts with the terms 16,962
and conditions of a federal waiver granted pursuant to an 16,963
application made under section 5101.09 of the Revised Code, the 16,964
terms and conditions of the federal waiver prevail. 16,965
EACH SELF-SUFFICIENCY CONTRACT SHALL INCLUDE, BASED ON 16,967
ASSESSMENTS PERFORMED UNDER SECTION 5107.43 OF THE REVISED CODE, 16,969
THE FOLLOWING:
(A) EMPLOYMENT GOALS FOR MEMBERS OF THE ASSISTANCE GROUP 16,971
DEVELOPED UNDER SECTION 5107.45 OF THE REVISED CODE AND ACTIONS 16,973
THE MEMBERS ARE TO TAKE TO ACHIEVE THE GOALS. THE ACTIONS MAY 16,974
INCLUDE WORK ACTIVITIES AND ALTERNATIVE WORK ACTIVITIES UNDER 16,975
SECTIONS 5107.40 TO 5107.68 OF THE REVISED CODE THAT ASSIST IN 16,976
ACHIEVING THE GOALS.
(B) THE RESPONSIBILITIES OF THE ASSISTANCE GROUP AND THE 16,978
CONSEQUENCES FOR FAILURE OR REFUSAL TO SATISFY THE 16,979
RESPONSIBILITIES; 16,980
(C) ASSISTANCE THE ASSISTANCE GROUP IS TO RECEIVE; 16,982
(D) OTHER PROVISIONS DESIGNED TO ASSIST THE ASSISTANCE 16,984
GROUP IN BECOMING SELF-SUFFICIENT; 16,985
(E) PROCEDURES FOR REVIEWING WHETHER RESPONSIBILITIES ARE 16,988
BEING SATISFIED AND AMENDING THE CONTRACT TO REFLECT CHANGES IN 16,989
STATUS OR GOALS;
(F) A STATEMENT THAT THE PURPOSE OF THE OHIO WORKS 16,992
COMPONENT IS TO PROVIDE ASSISTANCE IN EXCHANGE FOR AN ASSISTANCE 16,993
GROUP SATISFYING REQUIREMENTS DESIGNED TO LEAD TO
SELF-SUFFICIENCY. 16,994
Sec. 5107.22. (A) EXCEPT AS PROVIDED IN DIVISIONS (B), 16,999
(C), AND (D) OF THIS SECTION, AN ASSISTANCE GROUP IS INELIGIBLE 17,001
FOR ASSISTANCE UNDER THE OHIO WORKS COMPONENT IF THE ASSISTANCE 17,003
GROUP INCLUDES AN ADULT WHO HAS RECEIVED FOR THIRTY-SIX MONTHS 17,004
ASSISTANCE FUNDED AT LEAST IN PART WITH FEDERAL FUNDS PROVIDED 17,005
UNDER TITLE IV-A. ONLY ASSISTANCE PROVIDED ON OR AFTER OCTOBER 17,009
1, 1997, APPLIES TO THE TIME LIMIT. THE TIME LIMIT APPLIES 17,010
402
REGARDLESS OF WHETHER THE ASSISTANCE IS RECEIVED IN CONSECUTIVE 17,011
MONTHS OR IN THIS OR ANOTHER STATE. THE TIME LIMIT IS A LIFETIME 17,012
LIMIT.
AN ASSISTANCE GROUP THAT WOULD RECEIVE ASSISTANCE UNDER THE 17,015
OHIO WORKS COMPONENT IF NOT FOR THIS SECTION IS OTHERWISE 17,016
ELIGIBLE FOR, AND SUBJECT TO ALL THE REQUIREMENTS OF, PUBLICLY 17,017
FUNDED CHILD DAY-CARE UNDER CHAPTER 5104. AND MEDICAL ASSISTANCE 17,019
PROVIDED UNDER CHAPTER 5111. OF THE REVISED CODE. 17,020
(B) IN DETERMINING THE NUMBER OF MONTHS FOR WHICH A PARENT 17,023
OR PREGNANT WOMAN HAS RECEIVED ASSISTANCE FUNDED AT LEAST IN PART 17,024
WITH FEDERAL FUNDS PROVIDED UNDER TITLE IV-A, A COUNTY DEPARTMENT 17,027
OF HUMAN SERVICES SHALL DISREGARD ANY MONTH FOR WHICH THE 17,028
ASSISTANCE WAS PROVIDED WHILE THE PARENT OR PREGNANT WOMAN WAS A 17,029
MINOR CHILD AND NOT THE HEAD OF AN ASSISTANCE GROUP OR MARRIED TO 17,030
THE HEAD OF AN ASSISTANCE GROUP.
(C) IN DETERMINING THE NUMBER OF MONTHS FOR WHICH AN ADULT 17,034
HAS RECEIVED ASSISTANCE FUNDED AT LEAST IN PART WITH FEDERAL 17,035
FUNDS PROVIDED UNDER TITLE IV-A, A COUNTY DEPARTMENT OF HUMAN 17,038
SERVICES SHALL DISREGARD ANY MONTH DURING WHICH THE ADULT LIVED 17,039
ON AN INDIAN RESERVATION OR IN AN ALASKA NATIVE VILLAGE, AS THOSE 17,041
TERMS ARE USED IN 42 U.S.C. 608(a)(7)(D), IF, DURING THE MONTH, 17,045
AT LEAST ONE THOUSAND INDIVIDUALS LIVED ON THE RESERVATION OR IN 17,046
THE VILLAGE AND AT LEAST FIFTY PER CENT OF THE ADULTS LIVING ON 17,047
THE RESERVATION OR IN THE VILLAGE WERE UNEMPLOYED. 17,048
(D) A COUNTY DEPARTMENT OF HUMAN SERVICES MAY EXEMPT NOT 17,051
MORE THAN TWENTY PER CENT OF THE AVERAGE MONTHLY NUMBER OF OHIO 17,053
WORKS FIRST RECIPIENTS FROM THE TIME LIMIT ESTABLISHED BY 17,054
DIVISION (A) OF THIS SECTION ON THE GROUNDS THAT THE TIME LIMIT 17,056
IS A HARDSHIP OR THAT AN ASSISTANCE GROUP INCLUDES A MEMBER WHO 17,057
HAS SUFFERED ANY OF THE FOLLOWING: 17,058
(1) PHYSICAL ACTS THAT RESULTED IN, OR THREATENED TO 17,060
RESULT IN, PHYSICAL INJURY TO THE MEMBER; 17,061
(2) SEXUAL ABUSE; 17,063
(3) SEXUAL ACTIVITY INVOLVING A DEPENDENT CHILD; 17,065
403
(4) BEING FORCED AS THE CARETAKER RELATIVE OF A DEPENDENT 17,067
CHILD TO ENGAGE IN NONCONSENSUAL SEXUAL ACTS; 17,068
(5) THREATS OF, OR ATTEMPTS AT, PHYSICAL OR SEXUAL ABUSE; 17,071
(6) MENTAL ABUSE; 17,073
(7) NEGLECT OR DEPRIVATION OF MEDICAL CARE. 17,075
Sec. 5107.071 5107.24. (A) As used in this section: 17,084
(1) "Caretaker" means the parent of a child or a relative 17,086
acting in the parent's place. 17,087
(2) "Child support enforcement agency" means the entity 17,089
designated as the child support enforcement agency under section 17,090
2301.35 of the Revised Code. 17,092
(3) "Paternity establishment or child support proceeding" 17,094
means an interview or administrative hearing to establish a 17,096
child's paternity or a support order for a child or a court
proceeding to establish a child's paternity or establish, modify, 17,097
or enforce a child support order. 17,098
(4) "The implementation date of this section" means the 17,100
date this section is implemented as provided in rules adopted 17,101
under section 5101.09 of the Revised Code. 17,102
(B) Unless good cause for failure or refusal exists AS 17,104
DETERMINED PURSUANT TO RULES ADOPTED UNDER SECTION 5107.07 OF THE 17,105
REVISED CODE, the caretaker of a child shall cooperate, if the 17,106
caretaker is a member of the child's assistance group, in 17,107
establishing the child's paternity and establishing, modifying, 17,108
and enforcing a support order for the child. The child support 17,109
enforcement agency with responsibility for administering the 17,110
assistance group's paternity and support order requirements shall 17,112
determine whether the caretaker is cooperating under this
section. Cooperation includes providing sufficient information 17,113
available to the caretaker to verify the identity of the child's 17,114
father and establish, modify, and enforce a support order. 17,115
Sufficient information may include, but is not limited to, the 17,116
following about the father or each man suspected of being the 17,117
father:
404
(1) Name, past or present address, and telephone number; 17,119
(2) Date of birth; 17,121
(3) Social security number; 17,122
(4) Past or present place of employment or school; 17,124
(5) The names and past or present addresses and telephone 17,126
numbers of relatives or friends; 17,127
(6) Other information the agency determines is necessary 17,129
to identify the father and establish a support order. 17,130
Information is available to the caretaker if the caretaker 17,132
can obtain the information through reasonable, diligent efforts. 17,133
Cooperation includes submitting, or having the child 17,135
submit, to genetic tests that the child support enforcement 17,136
acency or court requires. Cooperation may also include not 17,137
failing or refusing to appear at two or more consecutive 17,138
paternity establishment or child support proceedings. 17,139
(C)(1) A caretaker has good cause for failure or refusal 17,142
to cooperate under this section if the child support enforcement 17,143
agency determines that cooperation is against the best interest 17,144
of the child because of any of the following: 17,145
(a) Cooperation is reasonably anticipated to result in 17,147
physical harm to the child; 17,149
(b) Cooperation is reasonably anticipated to result in 17,152
physical harm to the caretaker which would reduce the caretaker's 17,153
ability to care for the child adequately; 17,154
(c) The child was conceived as the result of incest or 17,156
forcible rape.
(2) A caretaker who claims good cause for failure or 17,158
refusal to cooperate under this section shall provide the child 17,159
support enforcement agency corroborative evidence supporting the 17,160
claim. A good-cause claim may be corroborated with either of the 17,162
following evidence:
(a) A court, medical, criminal, child protective services, 17,165
social services, psychological, or law enforcement record, or 17,166
other credible and competent evidence, that indicates that the 17,167
405
person who could be determined to be the father or against whom a 17,168
support order could be established might inflict physical harm on 17,169
the child or caretaker;
(b) A birth certificate or medical or law enforcement 17,172
record that indicates the child was conceived as the result of 17,173
incest or forcible rape.
(D) A child support enforcement agency shall notify the 17,176
county department of human services serving the county in which a 17,177
caretaker resides if the agency determines that the caretaker has 17,178
failed or refused to cooperate under this section without good 17,179
cause and the caretaker is a member of an assistance group 17,180
determined or redetermined eligible for aid RECEIVING ASSISTANCE 17,181
under this chapter on or after the implementation date of this 17,183
section THE OHIO WORKS COMPONENT. Subject to the terms and 17,184
conditions of federal waivers granted pursuant to an application 17,186
made under section 5101.09 of the Revised Code, the THE county 17,187
department, on receipt of the notice, shall terminate the 17,188
caretaker's eligibility for aid under this chapter DEDUCT AN 17,189
AMOUNT EQUAL TO TWENTY-FIVE PER CENT OF THE ASSISTANCE PAYMENT 17,190
OTHERWISE PAYABLE UNDER THE OHIO WORKS COMPONENT TO THE 17,191
ASSISTANCE GROUP OF THE CARETAKER. Unless the caretaker 17,192
subsequently reapplies for aid under this chapter and cooperates 17,193
BEGINS TO COOPERATE in establishing the child's paternity and 17,194
establishing, modifying, and enforcing a child support order for 17,197
the child not later than two years after losing eligibility BEING 17,198
SANCTIONED under this section, the county department shall 17,199
terminate the eligibility for aid ASSISTANCE under this chapter 17,200
THE OHIO WORKS COMPONENT of each member of the caretaker's former 17,202
assistance group. If the assistance group subsequently reapplies 17,203
for aid under this chapter and the caretaker cooperates in 17,204
establishing the child's paternity and establishing, modifying, 17,205
and enforcing a child support order for the child, the county 17,206
department shall reinstate the assistance group's eligibility for 17,207
aid ASSISTANCE under this chapter THE OHIO WORKS COMPONENT if the 17,209
406
assistance group meets all other requirements for aid under this 17,211
chapter THE COMPONENT.
(E)(D) A CARETAKER SUBJECT TO A SANCTION UNDER THIS 17,213
SECTION IS INELIGIBLE FOR MEDICAL ASSISTANCE UNDER CHAPTER 5111. 17,214
OF THE REVISED CODE. A person, OTHER THAN A CARETAKER WHO CAUSED 17,215
THE INELIGIBILITY, who would be eligible for aid ASSISTANCE under 17,217
this chapter THE OHIO WORKS COMPONENT if not for this section is 17,218
eligible for THE medical assistance under Chapter 5111. of the 17,220
Revised Code.
(F) If any provision of this section conflicts with the 17,223
terms and conditions of a federal waiver granted pursuant to an 17,224
application made under section 5101.09 of the Revised Code, the 17,225
terms and conditions of the federal waiver prevail. 17,226
Sec. 5107.031 5107.26. (A) As used in this section: 17,235
(1) "Adult-supervised living arrangement" means a family 17,237
setting approved, licensed, or certified by the department of 17,239
human services, the department of mental health, the department 17,240
of mental retardation and developmental disabilities, the 17,241
department of youth services, a public children services agency, 17,242
or a private child placing agency, OR A PRIVATE NONCUSTODIAL 17,243
AGENCY that is maintained by a person age eighteen or older who 17,244
assumes responsibility for the care and control of a minor 17,245
parent, pregnant minor, or child of a minor parent or provides 17,246
the minor parent, pregnant minor, or child of a minor parent 17,247
supportive services, including counseling, guidance, and 17,248
supervision. "Adult-supervised living arrangement" does not mean 17,249
a public institution. 17,250
(2) "Child of a minor parent" means a child born to a 17,253
minor parent, except that the child ceases to be considered a 17,254
child of a minor parent when the minor parent attains age 17,255
eighteen.
(3) "Minor parent" means a parent who is under age 17,257
eighteen and has never IS NOT married. 17,259
(4) "Other adult relative" has the meaning given in rules 17,262
407
adopted by the department of human services under this section 17,263
5107.07 OF THE REVISED CODE.
(5) "Pregnant minor" means a pregnant person who is under 17,265
age eighteen and has never NOT married. 17,266
(6) "Private child placing agency" and "public children 17,268
services agency" have the same meanings as in section 2151.011 of 17,269
the Revised Code.
(B)(1) Except as provided in division (C)(B)(2) of this 17,272
section, beginning on the effective date of the rules adopted
under division (F) of this section, a pregnant minor, minor 17,273
parent, or child of a minor parent must reside in an 17,275
adult-supervised living arrangement A PLACE OF RESIDENCE 17,276
MAINTAINED BY A PARENT, LEGAL GUARDIAN, OR OTHER ADULT RELATIVE 17,277
OF THE PREGNANT MINOR OR MINOR PARENT AS THE PARENT'S, 17,278
GUARDIAN'S, OR ADULT RELATIVE'S OWN HOME to be eligible for 17,279
assistance under this chapter THE OHIO WORKS COMPONENT. 17,280
(C)(2) A pregnant minor, minor parent, or child of a minor 17,283
parent is exempt from the requirement of division (B)(1) of this 17,284
section if any of the following apply:
(1)(a) The minor parent or pregnant minor does not have a 17,286
parent or, legal guardian, OR OTHER ADULT RELATIVE LIVING OR 17,288
WHOSE WHEREABOUTS ARE known to be residing in this state.
(2) The (b) NO parent or, legal guardian, OR OTHER ADULT 17,291
RELATIVE of the minor parent or pregnant minor will not allow the 17,292
pregnant minor, minor parent, or minor parent's child to live in 17,293
the parent's or, legal guardian's, OR ADULT RELATIVE'S home. 17,295
(3)(c) The department of human services, a county 17,297
department of human services, or a public children services 17,299
agency determines that the physical or emotional health or safety 17,300
of the pregnant minor, minor parent, or minor parent's child 17,301
would be in jeopardy if the pregnant minor, minor parent, or 17,302
minor parent's child lived in the same home as the parent or, 17,303
legal guardian, OR OTHER ADULT RELATIVE. 17,304
(4) The pregnant minor or minor parent did not live in an 17,306
408
adult-supervised living arrangement for a period of not less than 17,307
one year before the date of making application for assistance 17,308
under this chapter, or, in the case of a minor parent, not less 17,309
than one year before the date the minor parent most recently 17,310
became a parent. 17,311
(5)(d) The department of human services, A COUNTY 17,313
DEPARTMENT OF HUMAN SERVICES, OR A PUBLIC CHILDREN SERVICES 17,314
AGENCY OTHERWISE determines that there is other good cause for 17,316
exemption IT IS IN THE BEST INTEREST OF THE PREGNANT MINOR, MINOR 17,317
PARENT, OR MINOR PARENT'S CHILD TO WAIVE THE REQUIREMENT OF 17,318
DIVISION (B)(1) OF THIS SECTION.
(C) A PREGNANT MINOR, MINOR PARENT, OR CHILD OF A MINOR 17,320
PARENT EXEMPT FROM THE REQUIREMENT OF DIVISION (B)(1) OF THIS 17,322
SECTION MUST RESIDE IN AN ADULT-SUPERVISED LIVING ARRANGEMENT TO 17,323
BE ELIGIBLE FOR ASSISTANCE UNDER THE OHIO WORKS COMPONENT. 17,324
(D) The department of human services, whenever possible, 17,326
shall provide assistance under this chapter to the parent, legal 17,327
guardian, or other adult relative of a pregnant minor, minor 17,328
parent, or child of a minor parent on behalf of the pregnant 17,329
minor, minor parent, or minor parent's child. 17,330
(E) A child of a minor parent who would be eligible for 17,332
aid ASSISTANCE under this chapter THE OHIO WORKS COMPONENT if not 17,334
for this section is eligible for medical assistance under Chapter 17,336
5111. of the Revised Code.
(F) The department of human services shall submit an 17,338
amendment to the plan for aid to dependent children the 17,339
department is required to submit to the United States secretary 17,340
of health and human services under division (A)(1) of section 17,341
5107.02 of the Revised Code. Not later than six months after the 17,343
date the department receives approval of the amendment, the
department shall adopt rules in accordance with section 111.15 of 17,344
the Revised Code to implement this section. 17,345
Sec. 5107.31 5107.28. (A) As used in this section: 17,354
(1) "Implementation date" means the date this section is 17,356
409
implemented pursuant to rules adopted under section 5101.09 of 17,357
the Revised Code.
(2) "Transitional child day-care" means the PUBLICLY 17,360
FUNDED child day-care provided in accordance with Title IV-A of 17,362
the "Social Security Act," 49 Stat. 627 (1935), 42 U.S.C. 602(g), 17,363
as amended UNDER DIVISION (A)(3) OF SECTION 5104.34 OF THE 17,364
REVISED CODE, for not more than twelve months, to an assistance 17,365
group that has ceased to receive aid ASSISTANCE under this 17,367
chapter THE OHIO WORKS COMPONENT due to employment. 17,368
(3)(2) "Transitional medicaid" means the medical 17,370
assistance provided under section 5111.023 of the Revised Code, 17,372
for not more than eighteen months, to an assistance group that 17,373
ceased to receive aid ASSISTANCE under this chapter THE OHIO 17,374
WORKS COMPONENT due to employment. 17,375
(B) Subject to the terms and conditions of federal waivers 17,377
granted pursuant to an application made under section 5101.09 of 17,378
the Revised Code and except EXCEPT as provided in division (C) of 17,379
this section, each member of an assistance group receiving aid 17,382
ASSISTANCE under this chapter THE OHIO WORKS COMPONENT is 17,383
ineligible for aid under this chapter THE ASSISTANCE for six 17,384
months beginning on the day a member of the assistance group 17,386
terminates the member's employment and each person who was a 17,387
member of the assistance group of a recipient of transitional 17,388
child day-care or transitional medicaid on the day prior to the 17,389
day the recipient begins to receive transitional child day-care 17,390
or transitional medicaid is ineligible for aid ASSISTANCE under 17,391
this chapter THE OHIO WORKS COMPONENT for six months beginning on 17,393
the day the recipient terminates the recipient's employment. A 17,394
person who would be eligible for aid ASSISTANCE under this 17,395
chapter THE OHIO WORKS COMPONENT if not for this section is 17,396
eligible for medical assistance under Chapter 5111. of the 17,397
Revised Code.
(C) No person shall lose or be denied eligibility for aid 17,400
ASSISTANCE under this chapter THE OHIO WORKS COMPONENT pursuant 17,402
410
to division (B) of this section if the bureau of employment 17,403
services certifies that the person terminated employment with 17,404
just cause. The bureau shall adopt rules in accordance with 17,405
section 111.15 of the Revised Code establishing procedures to 17,407
certify whether a person terminated employment with just cause. 17,408
If the bureau adopts the rules after the implementation date of 17,409
this section, no NO person shall lose or be denied eligibility 17,410
for aid ASSISTANCE under this chapter THE OHIO WORKS COMPONENT 17,411
pursuant to division (B) of this section until the effective date 17,413
of the bureau's rules.
(D) If any provision of this section conflicts with the 17,415
terms and conditions of a federal waiver granted pursuant to an 17,416
application made under section 5101.09 of the Revised Code, the 17,417
terms and conditions of the federal waiver prevail. 17,418
Sec. 5107.30. (A) As used in this section: 17,427
(1) "LEAP program" means the learning, earning, and 17,429
parenting program. 17,430
(2) "Teen" means a recipient of aid to dependent children 17,432
ASSISTANCE under Chapter 5107. of the Revised Code THE OHIO WORKS 17,434
COMPONENT who is under age twenty and is a natural or adoptive 17,436
parent or is pregnant.
(3) "School" means an educational program that is designed 17,438
to lead to the attainment of a high school diploma or the 17,439
equivalent of a high school diploma. 17,440
(B) The department of human services may adopt rules under 17,442
section 111.15 5107.07 of the Revised Code, to the extent that 17,443
such rules are consistent with federal law, to do all of the 17,445
following:
(1) Define "good cause" and "the equivalent of a high 17,447
school diploma" for the purposes of this section; 17,448
(2) Conduct one or more special demonstration programs 17,450
titled the "LEAP program," and establish requirements governing 17,452
the program. The purpose of the LEAP program is to encourage 17,453
teens to complete school. 17,454
411
(3) Require every teen who is subject to LEAP program 17,456
requirements to attend school in accordance with the requirements 17,457
governing the program unless the teen shows good cause for not 17,458
attending school. The department shall provide, in addition to 17,459
the aid ASSISTANCE payment provided under Chapter 5107. of the 17,461
Revised Code THE OHIO WORKS COMPONENT, an incentive payment, in 17,462
an amount determined by the department, to every teen who is 17,463
participating in the LEAP program and attends school in 17,464
accordance with the requirements governing the program. The 17,465
department shall reduce the aid ASSISTANCE payment, in an amount 17,467
determined by the department, under Chapter 5107. of the Revised 17,468
Code THE OHIO WORKS COMPONENT to every teen participating in the 17,469
LEAP program who fails or refuses, without good cause, to attend 17,470
school in accordance with the requirements governing the program. 17,471
(4) Require every teen who is subject to LEAP program 17,473
requirements to enter into a written agreement with the county 17,474
department of human services that provides all of the following: 17,475
(a) The teen, to be eligible to receive the incentive 17,477
payment under division (B)(3) of this section, must attend school 17,478
in accordance with the requirements of the LEAP program; 17,479
(b) The county department will provide the incentive 17,481
payment to the teen if the teen attends school; 17,482
(c) The county department will reduce the aid ASSISTANCE 17,484
payment under Chapter 5107. of the Revised Code THE OHIO WORKS 17,486
COMPONENT if the teen fails or refuses to attend school in 17,488
accordance with the requirements governing the LEAP program. 17,489
(5) Evaluate the demonstration programs established under 17,491
this section. In conducting the evaluations, the state 17,492
department of human services shall select control groups of teens 17,493
who are otherwise subject to the LEAP program requirements. 17,494
(C) A teen who is participating in the LEAP program shall 17,497
be considered to be participating in the JOBS program established 17,498
under A WORK ACTIVITY FOR THE PURPOSE OF sections 5101.80 5107.40 17,499
to 5101.94 5107.68 of the Revised Code. However, the teen is not 17,500
412
subject to the requirements or sanctions of the JOBS program 17,502
THOSE SECTIONS, unless the teen is over age eighteen and meets 17,504
the LEAP program requirements by participating regularly in 17,505
training or work components of the JOBS program ACTIVITIES OR 17,506
ALTERNATIVE WORK ACTIVITIES UNDER THOSE SECTIONS. 17,507
Sec. 5107.18 5107.32. (A) To the extent that such a 17,516
program can be established without violating federal requirements 17,518
for state participation in the aid to dependent children program 17,519
established under the "Social Security Act," 49 Stat. 627 (1935), 17,520
42 U.S.C.A. 601, as amended, the AS USED IN THIS SECTION AND IN 17,522
SECTIONS 5107.321 TO 5107.327 OF THE REVISED CODE: 17,523
(1) "ASSISTANCE PAYMENT" MEANS THE MONTHLY AMOUNT AN 17,525
ASSISTANCE GROUP IS ELIGIBLE TO RECEIVE UNDER THE OHIO WORKS 17,526
COMPONENT. 17,527
(2) "PARENT" MEANS THE PARENT, GUARDIAN, OR OTHER PERSON 17,529
WITH CHARGE OR CARE OF A LEARNFARE PARTICIPANT. 17,530
(3) "PARTICIPANT" MEANS A RECIPIENT OF ASSISTANCE UNDER 17,532
THE OHIO WORKS COMPONENT WHO IS SUBJECT TO THE SCHOOL ATTENDANCE 17,534
REQUIREMENT OF THE LEARNFARE PROGRAM.
(B) THE state department of human services shall establish 17,538
the learnfare program in Allen county and another county selected 17,539
by the state department. The Allen county department of human 17,540
services and the. THE BOARD OF COUNTY COMMISSIONERS OF ANY 17,541
COUNTY MAY CHOOSE TO HAVE THE COUNTY PARTICIPATE IN THE LEARNFARE 17,542
PROGRAM. THE county department of human services that 17,543
administers the aid to dependent children program in the other 17,544
county selected by the state department to participate in the 17,545
learnfare program OF EACH PARTICIPATING COUNTY shall administer 17,546
the program in accordance with rules adopted by the state 17,547
department under section 5107.20 5107.07 of the Revised Code. 17,548
(B)(C) The program shall provide for reduction in the 17,550
assistance payment to a learnfare participant's assistance group 17,551
if the participant fails to comply with the program's school 17,552
attendance requirement two or more times during a school year. 17,553
413
(C)(D) The program shall provide for an incentive 17,555
established by rule adopted by the director of human services 17,556
under section 5107.20 5107.07 of the Revised Code to encourage a 17,557
parent or, if the participant is age eighteen or nineteen, a 17,559
participant to consent to the release of the participant's school 17,560
attendance records and the participant to comply with the 17,561
program's school attendance requirement. 17,562
(D) The state department shall implement the learnfare 17,564
program in Allen county and another county selected by the state 17,565
department at the beginning of the first school year after the 17,566
state department receives a federal waiver for the program. The 17,567
state department shall operate the learnfare program for three 17,568
years. Not later than ninety days after the end of the program, 17,569
the state department of human services shall evaluate the program 17,570
and submit a report of the evaluation to the governor, the 17,571
president of the senate, and the speaker of the house of 17,572
representatives. 17,573
Sec. 5107.19 5107.321. A recipient of assistance under 17,582
this chapter THE OHIO WORKS COMPONENT who is enrolled in a school 17,584
district IN A COUNTY THAT IS participating in the learnfare 17,586
program and is not younger than age six but not older than age 17,587
nineteen shall participate in the learnfare program unless one of 17,588
the following is the case:
(A) The recipient is not yet eligible for enrollment in 17,590
first grade; 17,591
(B) The recipient is subject to the LEAP program under 17,593
section 5107.30 of the Revised Code; 17,594
(C) The recipient has received one of the following: 17,596
(1) A high school diploma; 17,598
(2) A certificate stating that he THE RECIPIENT has 17,600
achieved the equivalent of a high school education as measured by 17,602
scores obtained on the tests of general educational development 17,603
as published by the American council on education;. 17,604
(D) The recipient has been excused from school attendance 17,606
414
pursuant to section 3321.04 of the Revised Code; 17,607
(E) If child care services for a member of the recipient's 17,609
household are necessary for the recipient to attend school, child 17,610
care licensed or certified under Chapter 5104. of the Revised 17,611
Code OR UNDER SECTIONS 3301.52 TO 3301.59 OF THE REVISED CODE and 17,612
transportation to and from the child care are not available; 17,614
(F) The recipient has been adjudicated a delinquent or 17,616
unruly child pursuant to section 2151.28 of the Revised Code. 17,617
Sec. 5107.21 5107.322. The first time during a school year 17,626
that a learnfare participant fails to comply with the program's 17,628
school attendance requirement, the county department of human 17,629
services shall send the parent a notice warning that, if the 17,630
participant fails a second or subsequent time in the school year 17,631
to comply with the school attendance requirement, the assistance 17,632
group's assistance payment for the second month following report 17,633
of the failure under section 5107.26 5107.327 of the Revised Code 17,634
will be reduced to the amount the assistance group would be 17,636
eligible to receive if the participant was not a member of the 17,637
assistance group. The county department shall send the notice 17,638
not later than the last day of the month that it is informed of 17,639
the first failure to comply. 17,640
If a participant fails two or more times in a school year 17,642
to comply with the school attendance requirement, the county 17,643
department shall reduce the assistance group's assistance payment 17,644
for the second month following report of the failure. The county 17,645
department shall reduce the assistance payment to the amount the 17,647
assistance group would be eligible to receive if the participant 17,648
was not a member of the assistance group. 17,649
Sec. 5107.22 5107.323. The county department of human 17,658
services shall provide the incentive established FOR THE 17,660
LEARNFARE PROGRAM by rule adopted by the director of human 17,661
services under division (B) of section 5107.20 5107.07 of the 17,662
Revised Code to the participant or participant's assistance 17,664
group, whichever is appropriate, if the parent or, if the 17,665
415
participant is age eighteen or nineteen, the participant,
consents to the release of the participant's school attendance 17,666
records and the participant complies with the school attendance 17,667
requirement established by rule adopted under division (A) of 17,668
THAT section 5107.20 of the Revised Code. If the incentive is an 17,671
increased assistance payment, the county department shall provide
the increase only if the general assembly appropriates funds for 17,672
the increase.
Sec. 5107.23 5107.324. The county department of human 17,681
services shall require the parent of each learnfare participant, 17,684
or, if the participant is age eighteen or nineteen, the 17,685
participant to consent to release of the participant's school
attendance records. If the parent or participant refuses to 17,686
consent, the county department shall reduce the assistance 17,687
group's assistance payment for the month immediately following 17,688
the month of the refusal and each month thereafter until consent 17,689
is given. The assistance payment shall be reduced to the amount 17,690
the assistance group would be eligible to receive if neither the
participant nor the parent were members of the assistance group. 17,691
Sec. 5107.24 5107.325. Notwithstanding a reduction in an 17,700
assistance payment under section 5107.21 5107.322 or 5107.23 17,702
5107.324 of the Revised Code, all members of the assistance group 17,704
who are otherwise eligible for assistance shall continue to be
considered recipients of assistance under this chapter THE OHIO 17,706
WORKS COMPONENT and eligible for medical assistance under Chapter 17,709
5111. of the Revised Code.
Sec. 5107.25 5107.326. Communications between the school 17,718
district and the county department of human services concerning 17,720
the learnfare participant's attendance shall be made only through 17,721
the attendance officers and assistants appointed under section 17,722
3321.14 or 3321.15 of the Revised Code.
Sec. 5107.26 5107.327. Not later than the beginning of the 17,731
first school year after the department of human services receives 17,733
a federal waiver to implement the learnfare program, the THE 17,734
416
state board of education, in consultation with the director of 17,735
human services, shall adopt rules defining "good cause for being 17,736
absent from school" and specifying what constitutes a day of 17,737
attendance for purposes of the learnfare program's school 17,738
attendance requirement. 17,739
Not later than the fifteenth day of each month of a school 17,741
year or another time agreed to by the department of human 17,742
services and state board of education but not later than the 17,743
thirtieth day of each month, each attendance officer or assistant 17,744
appointed under section 3321.14 or 3321.15 of the Revised Code 17,745
who oversees the attendance of students enrolled in the school 17,746
districts selected by the state department of human services to 17,747
participate OF A COUNTY THAT IS PARTICIPATING in the learnfare 17,748
program shall report to the appropriate county department of 17,750
human services the previous month's school attendance record of 17,751
each learnfare participant. The report shall specify which if any 17,752
of the participant's absences are excused because the absence 17,753
meets the definition of "good cause for being absent from 17,754
school." No absence for which there is good cause shall be 17,755
considered in determining whether a participant has complied with 17,756
the learnfare program's school attendance requirement. 17,757
Sec. 5107.34. (A) As used in this section, "high school 17,766
equivalence diploma" means a diploma attesting to achievement of 17,767
the equivalent of a high school education as measured by scores 17,768
obtained on the tests of general educational development 17,769
published by the American council on education. 17,770
(B) Subject to the terms and conditions of federal waivers 17,772
granted pursuant to an application made under section 5101.09 of 17,773
the Revised Code and except EXCEPT as provided in division (C) of 17,775
this section, a person born after November 15, 1979, is
ineligible for aid ASSISTANCE under this chapter, regardless of 17,777
whether the person is a recipient of aid under this chapter on 17,778
November 15, 1995, the effective date of this section, THE OHIO 17,779
WORKS COMPONENT beginning on the date the person turns age 17,781
417
twenty-one unless the person does one of the following: 17,782
(1) Presents evidence to the county department of human 17,784
services that serves the county in which the person resides that 17,786
the person has earned a high school diploma, adult education 17,787
diploma, or high school equivalence diploma;
(2) Attends, for the purpose of earning a high school 17,789
diploma, a school or special education program that conforms to 17,790
the minimum standards prescribed by the state board of education; 17,791
(3) Attends, or is on an active waiting list to attend, 17,794
for the purpose of earning an adult education diploma, an adult 17,795
high school continuation program that conforms to the minimum 17,796
standards prescribed by the state board of education; 17,797
(4) Attends, or is on an active waiting list to attend, 17,799
instructional courses designed to prepare the person to earn a 17,801
high school equivalence diploma.
The person's ineligibility does not apply to the other 17,804
members of the person's assistance group. A person who would be 17,805
eligible for aid ASSISTANCE under this chapter THE OHIO WORKS 17,807
COMPONENT if not for this section is eligible for medical 17,808
assistance under Chapter 5111. of the Revised Code. 17,809
(C) A person shall not lose or be denied eligibility for 17,811
aid ASSISTANCE under this chapter THE OHIO WORKS COMPONENT 17,813
pursuant to division (B) of this section if the person is 17,815
incapable of earning a high school diploma, adult education
diploma, or high school equivalence diploma because the person is 17,816
developmentally disabled or mentally ill as determined pursuant 17,818
to rules the department of human services shall adopt in 17,819
accordance with ADOPTED UNDER section 111.15 5107.07 of the 17,820
Revised Code and in collaboration with the departments of mental 17,822
health and mental retardation and developmental disabilities. A 17,823
person also shall not lose or be denied eligibility for aid 17,824
ASSISTANCE under this chapter THE OHIO WORKS COMPONENT pursuant 17,825
to division (B) of this section if the person has a severe 17,827
learning disability that makes the person incapable of earning a 17,828
418
high school diploma, adult education diploma, or high school 17,829
equivalence diploma as determined pursuant to rules the 17,830
department of human services shall adopt in accordance with 17,831
ADOPTED UNDER section 111.15 5107.07 of the Revised Code and in 17,833
consultation with the department of education. 17,834
(D) If any provision of this section conflicts with the 17,836
terms and conditions of a federal waiver granted pursuant to an 17,837
application made under section 5101.09 of the Revised Code, the 17,838
terms and conditions of the federal waiver prevail. 17,839
Sec. 5107.10 5107.36. Subject to the rules of the 17,848
department of human services, the county administration may 17,850
provide the necessary medical, surgical, dental, optical, or 17,851
mental examination and corrective or preventive treatment for any 17,852
family receiving aid under Chapter 5107. of the Revised Code. 17,853
The county administration for aid to dependent children, 17,855
under the standards of assistance established by the director of 17,856
human services, may establish in so far as practicable and not in 17,857
conflict with federal law, such services not otherwise available 17,858
as may be necessary to help applicants and recipients of aid to 17,859
attain self-care or self-support. 17,860
The EACH county administration for aid to dependent 17,862
children DEPARTMENT OF HUMAN SERVICES shall refer the mother of 17,864
any needy child A PARENT receiving aid to dependent children, if 17,866
such mother is living with the dependent ASSISTANCE UNDER THE 17,867
OHIO WORKS COMPONENT WHOSE child, IS A MEMBER OF THE PARENT'S 17,868
ASSISTANCE GROUP to any private or public agency, medical doctor, 17,869
clinic, or other person or organization which can advise her THE 17,870
PARENT on methods of controlling the size and spacing of her THE 17,872
PARENT'S family, consistent with the mother's PARENT'S religious 17,874
and moral views. The county administration DEPARTMENT may 17,876
procure for such mothers THE PARENT any pills or devices needed 17,878
and desired by such mothers THE PARENT NEEDS OR DESIRES for the 17,879
control of conception. A COUNTY DEPARTMENT SHALL DOCUMENT EACH
REFERRAL IT MAKES UNDER THIS SECTION. 17,880
419
Sec. 5107.13 5107.38. As part of the monthly financial 17,889
assistance payment provided under this chapter THE OHIO WORKS 17,891
COMPONENT, an assistance group shall receive a monthly energy 17,893
assistance payment based on the size of the assistance group. 17,894
The part of the monthly financial assistance payment that is the 17,895
monthly energy assistance payment shall be the following: 17,896
Size of assistance group Energy assistance payment 17,898
1 $ 7 17,899
2 $11 17,900
3 $14 17,901
4 $17 17,902
5 $20 17,903
6 $22 17,904
7 $25 17,905
8 $28 17,906
9 $30 17,907
10 $33 17,908
11 $36 17,909
12 $39 17,910
13 $41 17,911
14 $44 17,912
15 $47 17,913
For each person in the assistance group that brings the 17,916
assistance group to more than fifteen persons, add three dollars 17,917
to the monthly energy assistance payment an assistance group of 17,918
fifteen receives. 17,919
(C) This section does not increase the monthly financial 17,921
assistance payment an assistance group is eligible to receive 17,922
under this chapter THE OHIO WORKS COMPONENT. 17,923
Sec. 5107.40. AS USED IN SECTIONS 5107.40 TO 5107.68 OF 17,925
THE REVISED CODE:
(A) "ALTERNATIVE WORK ACTIVITY" MEANS AN ACTIVITY DESIGNED 17,928
TO PROMOTE SELF-SUFFICIENCY ESTABLISHED BY A COUNTY DEPARTMENT OF 17,929
HUMAN SERVICES UNDER SECTION 5107.60 OF THE REVISED CODE. 17,930
420
(B) "WORK ACTIVITY" MEANS THE FOLLOWING: 17,933
(1) JOB CLUB ESTABLISHED UNDER SECTION 5107.48 OF THE 17,935
REVISED CODE;
(2) THE INDIVIDUAL JOB SEARCH PROGRAM ESTABLISHED UNDER 17,937
SECTION 5107.49 OF THE REVISED CODE; 17,938
(3) THE SUBSIDIZED EMPLOYMENT PROGRAM ESTABLISHED UNDER 17,940
SECTION 5107.52 OF THE REVISED CODE; 17,941
(4) THE WORK EXPERIENCE PROGRAM ESTABLISHED UNDER SECTION 17,943
5107.54 OF THE REVISED CODE; 17,944
(5) EXCEPT AS LIMITED BY DIVISION (C) OF SECTION 5107.30 17,947
OF THE REVISED CODE, THE LEAP PROGRAM ESTABLISHED UNDER THAT 17,949
SECTION;
(6) OTHER WORK ACTIVITIES ESTABLISHED BY A COUNTY 17,951
DEPARTMENT OF HUMAN SERVICES UNDER SECTION 5107.60 OF THE REVISED 17,952
CODE.
Sec. 5107.41. (A) A MEMBER OF AN ASSISTANCE GROUP 17,955
APPLYING FOR OR RECEIVING ASSISTANCE UNDER THE OHIO WORKS 17,956
COMPONENT IS SUBJECT TO WORK RESPONSIBILITIES UNDER OHIO WORKS 17,958
UNLESS ANY OF THE FOLLOWING APPLY: 17,959
(1) EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION, 17,962
THE MEMBER HAS A MEDICALLY DETERMINABLE PHYSIOLOGICAL OR 17,963
PSYCHOLOGICAL IMPAIRMENT, ILLNESS, OR DISABILITY; 17,964
(2) EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION, 17,967
THE MEMBER IS NEEDED AT HOME AS THE FULL-TIME CARETAKER OF A 17,968
MEMBER OF THE ASSISTANCE GROUP WHO HAS A MEDICALLY DETERMINABLE 17,969
PHYSIOLOGICAL OR PSYCHOLOGICAL IMPAIRMENT, ILLNESS, OR 17,970
DISABILITY;
(3) THE MEMBER IS EXEMPT UNDER RULES ADOPTED UNDER SECTION 17,973
5107.07 OF THE REVISED CODE.
(B) A COUNTY DEPARTMENT OF HUMAN SERVICES SHALL REQUIRE A 17,976
MEMBER OF AN ASSISTANCE GROUP CLAIMING A MEDICALLY DETERMINABLE 17,977
PHYSIOLOGICAL OR PSYCHOLOGICAL IMPAIRMENT, ILLNESS, OR DISABILITY 17,978
TO UNDERGO AN INDEPENDENT MEDICAL OR PSYCHOLOGICAL EXAMINATION AT 17,979
A TIME AND PLACE REASONABLY CONVENIENT TO THE MEMBER. 17,980
421
(C) A COUNTY DEPARTMENT SHALL DETERMINE WHETHER A MEMBER 17,983
OF AN ASSISTANCE GROUP OTHERWISE EXEMPT FROM THE WORK 17,984
RESPONSIBILITIES UNDER THE OHIO WORKS COMPONENT PURSUANT TO 17,986
DIVISION (A)(1) OR (2) OF THIS SECTION IS CAPABLE OF 17,987
PARTICIPATING IN AN ALTERNATIVE WORK ACTIVITY. THE COUNTY 17,988
DEPARTMENT SHALL ASSIGN THE MEMBER TO AN ALTERNATIVE WORK 17,989
ACTIVITY IF IT DETERMINES THE MEMBER IS CAPABLE OF PARTICIPATING 17,990
IN THE ACTIVITY.
Sec. 5107.43. AS SOON AS POSSIBLE, BUT NOT LATER THAN FIVE 17,993
BUSINESS DAYS AFTER AN ASSISTANCE GROUP SUBMITS AN APPLICATION 17,994
FOR ASSISTANCE UNDER THE OHIO WORKS COMPONENT, THE COUNTY 17,996
DEPARTMENT OF HUMAN SERVICES THAT RECEIVES THE APPLICATION SHALL 17,997
SCHEDULE AND CONDUCT AN ASSESSMENT OF EACH MEMBER OF THE 17,998
ASSISTANCE GROUP WHO THE COUNTY DEPARTMENT DETERMINES MAY BE 17,999
SUBJECT TO WORK RESPONSIBILITIES UNDER OHIO WORKS. AT THE 18,000
ASSESSMENT, THE COUNTY DEPARTMENT SHALL DETERMINE WHICH MEMBERS 18,001
OF THE ASSISTANCE GROUP ARE SUBJECT TO THE WORK RESPONSIBILITIES. 18,002
COUNTY DEPARTMENTS OF HUMAN SERVICES SHALL CONDUCT OTHER 18,005
ASSESSMENTS OF MEMBERS OF ASSISTANCE GROUPS RECEIVING ASSISTANCE 18,006
UNDER THE OHIO WORKS COMPONENT AT TIMES THE COUNTIES DETERMINE. 18,008
Sec. 5107.45. IF A COUNTY DEPARTMENT OF HUMAN SERVICES 18,010
DETERMINES THAT A MEMBER OF AN ASSISTANCE GROUP IS SUBJECT TO 18,011
WORK RESPONSIBILITIES UNDER THE OHIO WORKS COMPONENT, THE COUNTY 18,014
DEPARTMENT SHALL ASSIST THE MEMBER IN DEVELOPING AN EMPLOYMENT 18,015
GOAL AND IDENTIFY THE RESPONSIBILITIES OF THE MEMBER'S ASSISTANCE 18,016
GROUP AND THE ASSISTANCE THE ASSISTANCE GROUP WILL RECEIVE UNDER 18,017
OHIO WORKS. THE EMPLOYMENT GOAL, RESPONSIBILITIES, AND 18,018
ASSISTANCE SHALL BE INCLUDED IN THE SELF-SUFFICIENCY CONTRACT 18,019
SIGNED UNDER SECTION 5107.20 OF THE REVISED CODE. 18,020
Sec. 5107.47. (A) A COUNTY DEPARTMENT OF HUMAN SERVICES 18,023
SHALL ASSIGN EACH MEMBER OF AN ASSISTANCE GROUP WHO IS DETERMINED 18,024
TO BE SUBJECT TO WORK RESPONSIBILITIES UNDER OHIO WORKS TO ONE OR 18,026
MORE WORK ACTIVITIES OR ALTERNATIVE WORK ACTIVITIES, UNLESS THE 18,027
COUNTY DEPARTMENT DOES NOT HAVE A POSITION AVAILABLE IN AN 18,028
422
ACTIVITY. A COUNTY DEPARTMENT MAY NOT ASSIGN MORE THAN TWENTY 18,029
PER CENT OF THE MEMBERS SUBJECT TO WORK RESPONSIBILITIES TO 18,030
ALTERNATIVE WORK ACTIVITIES.
(B) IN ASSIGNING AN ASSISTANCE GROUP MEMBER TO WORK 18,033
ACTIVITIES OR ALTERNATIVE WORK ACTIVITIES UNDER THE OHIO WORKS 18,034
COMPONENT, A COUNTY DEPARTMENT SHALL DO ALL OF THE FOLLOWING: 18,036
(1) COMPLY WITH RULES ADOPTED UNDER SECTION 5107.07 OF THE 18,038
REVISED CODE;
(2) CONSIDER AN ASSISTANCE GROUP MEMBER'S EMPLOYMENT GOAL 18,040
DEVELOPED UNDER SECTION 5107.45 OF THE REVISED CODE; 18,041
(3) DETERMINE THE MEMBER'S EMPLOYABILITY POTENTIAL AND 18,043
WORK HISTORY; 18,044
(4) DETERMINE WHETHER THE MEMBER HAS A HIGH SCHOOL 18,046
DIPLOMA, ADULT EDUCATION DIPLOMA, OR HIGH SCHOOL EQUIVALENCE 18,047
DIPLOMA; 18,048
(5) DETERMINE WHETHER, AS SPECIFIED IN RULES ADOPTED UNDER 18,051
SECTION 5107.07 OF THE REVISED CODE, THERE ARE ANY BARRIERS TO
THE MEMBER'S EMPLOYMENT; 18,052
(6) UNLESS DIVISION (C) OF THIS SECTION APPLIES, INITIALLY 18,055
ASSIGN THE MEMBER TO JOB CLUB, THE INDIVIDUAL JOB SEARCH PROGRAM, 18,056
OR BOTH, UNLESS THE COUNTY DEPARTMENT DETERMINES IT IS IN THE 18,057
MEMBER'S BEST INTEREST TO ASSIGN THE MEMBER TO ANOTHER WORK 18,058
ACTIVITY OR ALTERNATIVE WORK ACTIVITY OR THE COUNTY DEPARTMENT 18,059
DOES NOT HAVE A POSITION AVAILABLE FOR THE MEMBER IN JOB CLUB OR 18,060
THE INDIVIDUAL JOB SEARCH PROGRAM; 18,061
(7) DETERMINE WHICH WORK ACTIVITIES OR ALTERNATIVE WORK 18,063
ACTIVITIES WOULD BEST SERVE THE MEMBER AND GIVE PRIORITY IN 18,065
ASSIGNMENTS TO UNSUBSIDIZED EMPLOYMENT OPPORTUNITIES, THE 18,066
SUBSIDIZED EMPLOYMENT PROGRAM, AND OTHER ACTIVITIES DESIGNED TO 18,067
PLACE THE MEMBER IN A PAID EMPLOYMENT POSITION. 18,068
(C) IF THERE IS A BARRIER TO AN ASSISTANCE GROUP MEMBER'S 18,071
EMPLOYMENT AS SPECIFIED IN RULES ADOPTED UNDER SECTION 5107.07 OF 18,072
THE REVISED CODE, A COUNTY DEPARTMENT MAY ASSIGN THE MEMBER TO 18,073
ONE OR MORE ALTERNATIVE WORK ACTIVITIES TO OVERCOME THE BARRIER 18,074
423
AND THE MEMBER SHALL COOPERATE WITH THE COUNTY DEPARTMENT IN 18,075
EFFORTS TO OVERCOME THE BARRIER. A BARRIER TO EMPLOYMENT IS NOT 18,076
AN EXEMPTION FROM WORK RESPONSIBILITIES UNDER THE OHIO WORKS 18,077
COMPONENT.
(D) A COUNTY DEPARTMENT MAY ASSIGN AN ASSISTANCE GROUP 18,081
MEMBER SUBJECT TO WORK RESPONSIBILITIES UNDER THE OHIO WORKS 18,083
COMPONENT TO MORE THAN ONE WORK ACTIVITY OR ALTERNATIVE WORK 18,084
ACTIVITY AT A TIME. AN ASSISTANCE GROUP MEMBER ASSIGNED TO A 18,085
WORK ACTIVITY OR ALTERNATIVE WORK ACTIVITY SHALL PARTICIPATE IN 18,086
THE ACTIVITY AT LEAST THE NUMBER OF HOURS DETERMINED PURSUANT TO 18,087
RULES ADOPTED UNDER SECTION 5107.07 OF THE REVISED CODE.
Sec. 5101.84 5107.48. There is hereby established, as a 18,096
component of WORK ACTIVITY UNDER the JOBS program OHIO WORKS 18,099
COMPONENT, job club. Under job club, a county department of 18,101
human services or a public or private agency under contract with 18,102
the county department or the state department of human services 18,103
shall train employable recipients OF, and, pursuant to section 18,104
5101.842 5107.50 of the Revised Code, may train applicants for 18,106
aid to dependent children, ASSISTANCE UNDER THE OHIO WORKS 18,107
COMPONENT WHO ARE assigned to job club in strategies and skills 18,108
to be used in obtaining employment.
To the maximum extent possible, the state department of 18,110
human services shall enter into contracts with the bureau of 18,111
employment services, other public agencies, and private 18,112
organizations for the implementation of job club activities. 18,113
Sec. 5101.841 5107.49. There is hereby established, as a 18,122
component of WORK ACTIVITY UNDER the JOBS program OHIO WORKS 18,124
COMPONENT, the individual job search program. Under the program, 18,125
a county department of human services or a public or private 18,126
agency under contract with the county department shall provide 18,127
employable recipients OF, and, pursuant to section 5101.842 18,128
5107.50 of the Revised Code, may provide applicants for aid to 18,131
dependent children, county department, agency, or individualized 18,132
ASSISTANCE UNDER THE OHIO WORKS COMPONENT WHO ARE ASSIGNED TO THE 18,133
424
PROGRAM self-directed job search activities.
Sec. 5101.842 5107.50. A county department of human 18,142
services may require ASSIGN an applicant for aid to dependent 18,144
children who is required to participate in the JOBS program to 18,148
participate in ASSISTANCE UNDER THE OHIO WORKS COMPONENT TO job 18,149
club, the individual job search program, or both BEFORE THE 18,150
APPLICANT'S ELIGIBILITY IS DETERMINED. If an applicant assigned 18,151
to job club, the individual job search program, or both fails to 18,152
participate as assigned without good cause, each member of the 18,153
applicant's assistance group is ineligible for aid to dependent 18,154
children. An assistance group denied aid to dependent children 18,155
under this section may reapply for aid to dependent children any 18,156
business day the county department is open. 18,157
A person who would be eligible for aid to dependent 18,159
children if not for this section is eligible for medical 18,160
assistance under Chapter 5111. of the Revised Code. 18,161
The department of human services shall adopt rules in 18,163
accordance with Chapter 119. of the Revised Code to implement 18,164
this section. The rules shall define "good cause" as used in 18,165
this section.
If any provision of this section conflicts with the terms 18,167
and conditions of a federal waiver granted pursuant to an 18,168
application made under section 5101.09 of the Revised Code, the 18,170
terms and conditions of the federal waiver prevail. 18,171
AN APPLICANT FOR OR RECIPIENT OF ASSISTANCE UNDER THE OHIO 18,173
WORKS COMPONENT ASSIGNED TO JOB CLUB, THE INDIVIDUAL JOB SEARCH 18,174
PROGRAM, OR BOTH, SHALL PARTICIPATE IN JOB CLUB OR THE INDIVIDUAL 18,175
JOB SEARCH PROGRAM UNTIL THE APPLICANT OR RECIPIENT FINDS 18,176
EMPLOYMENT OR, IN THE CASE OF A RECIPIENT, THE COUNTY DEPARTMENT 18,177
REASSIGNS THE RECIPIENT TO ANOTHER WORK ACTIVITY OR ALTERNATIVE 18,178
WORK ACTIVITY UNDER THE OHIO WORKS COMPONENT.
Sec. 5101.82 5107.52. (A) There is hereby established, as 18,186
a component of WORK ACTIVITY UNDER the JOBS program OHIO WORKS 18,188
COMPONENT, the subsidized employment program, under which private 18,189
425
and public employers shall receive payments from appropriations 18,190
to the department of human services for a portion of the costs of 18,191
salaries, wages, and benefits such employers pay to or on behalf 18,192
of employees who are employable recipients of aid to dependent 18,193
children ASSISTANCE UNDER THE OHIO WORKS COMPONENT at the time of 18,195
employment.
(B) The director of human services shall MAY redetermine 18,197
rates of payments to employers under this section annually on the 18,198
first day of July. 18,199
(C) Employable OHIO WORKS recipients for whom payments are 18,202
made under this section:
(1) Shall be considered regular employees of the employer, 18,204
entitled to the same employment benefits and opportunities for 18,205
advancement and affiliation with employee organizations that are 18,206
available to other regular employees of the employer, and the 18,207
employer shall pay premiums to the bureau of workers' 18,208
compensation on account of employees for whom payments are made; 18,209
(2) Shall be paid at the same rate as other employees 18,211
doing similar work for the employer or the federal minimum hourly 18,212
wage, whichever is higher. 18,213
(D) In hiring an employable OHIO WORKS recipient under the 18,216
subsidized employment program, an employer may not remove or 18,217
discharge, for the purpose of substituting the employable 18,218
recipient in the person's place, a person who is already employed 18,220
as a regular full-time or part-time employee of the employer, has 18,221
been employed full-time or part-time as a participant of the 18,222
subsidized employment program, is or has been involved in a 18,223
dispute between a labor organization and the employer, has been 18,224
temporarily laid off and is receiving unemployment compensation 18,225
under Chapter 4141. of the Revised Code, or has been temporarily 18,226
laid off and is subject to recall pursuant to a bona fide recall 18,227
list of the employer. No employer shall hire part-time an
employable OHIO WORKS recipient under the subsidized employment 18,229
program to circumvent hiring a full-time employee. 18,230
426
(E) The subsidized employment program may include a job 18,232
program to create permanent full-time OR PART-TIME employment in 18,233
public agencies OF THE STATE OR POLITICAL SUBDIVISIONS OF THE 18,234
STATE for employable OHIO WORKS recipients of aid to dependent 18,235
children. The job program may include: 18,237
(1) Creation of entry-level jobs to reduce waste, fraud, 18,239
and abuse of privileges in the aid to dependent children program; 18,240
(2) Creation of entry-level jobs to enhance child support 18,242
enforcement collections; 18,243
(3) Creation of jobs in county governments, allocated to 18,245
boards of county commissioners on the basis of criteria contained 18,246
in rules adopted by the department of human services that provide 18,247
incentives for counties to spend county moneys more efficiently; 18,248
(4) Jobs in weatherization programs IN ACCORDANCE WITH 18,251
RULES ADOPTED UNDER SECTION 5107.07 OF THE REVISED CODE, THE 18,252
DEPARTMENT MAY SHARE THE COST OF WAGES AND OTHER BENEFITS PAID TO 18,253
AN OHIO WORKS RECIPIENT WITH THE AGENCY HIRING THE RECIPIENT. 18,254
(F) Civil THE DEPARTMENT, OTHER STATE AGENCIES, COUNTY 18,256
DEPARTMENTS OF HUMAN SERVICES, CHILD SUPPORT ENFORCEMENT 18,257
AGENCIES, AND PUBLIC CHILDREN SERVICES AGENCIES SHALL CREATE 18,258
FULL-TIME AND PART-TIME CIVIL service jobs shall be created to 18,259
service income maintenance caseloads and improve child support 18,260
enforcement FOR OHIO WORKS RECIPIENTS ASSIGNED TO THE SUBSIDIZED 18,261
EMPLOYMENT PROGRAM. For no more than nine payment months A 18,263
PERIOD OF TIME SPECIFIED IN RULES ADOPTED UNDER SECTION 5107.07 18,264
OF THE REVISED CODE, employable OHIO WORKS recipients shall be 18,265
trained as income maintenance and child support specialists and 18,266
shall be paid, IN FULL OR IN PART, from appropriations to the 18,267
department of human services for the subsidized employment 18,269
program. An employable OHIO WORKS recipient hired under this 18,270
section DIVISION shall be paid at a rate determined by rule of 18,272
the department of human services RULES ADOPTED UNDER SECTION 18,273
5107.07 OF THE REVISED CODE, but in no case less than four 18,274
dollars and fifty cents an hour THE FEDERAL MINIMUM HOURLY WAGE 18,275
427
during the employable recipient's period of subsidized 18,277
employment. After the subsidy period, the recipient may be hired 18,278
as a provisional employee. Upon completing six months of 18,279
unsubsidized employment and successfully passing an examination, 18,280
the provisional employee shall become certified IN THE MANNER 18,281
OTHER PROVISIONAL EMPLOYEES BECOME CERTIFIED.
(G) The director of administrative services may establish 18,283
FULL-TIME AND PART-TIME unclassified positions within state and 18,284
county agencies and general health districts to be filled by 18,286
employable OHIO WORKS recipients under ASSIGNED TO the subsidized 18,288
employment program. A recipient shall be paid, IN FULL OR IN 18,289
PART, FROM APPROPRIATIONS TO THE DEPARTMENT FOR THE SUBSIDIZED
EMPLOYMENT PROGRAM for a period not to exceed nine payment months 18,291
as OF TIME specified in rules to be adopted by the department of 18,293
human services UNDER SECTION 5107.07 OF THE REVISED CODE. After 18,294
the subsidy period has ended, the recipient may be hired at an 18,295
entry-level classified position in the STATE OR county agency OR 18,296
GENERAL HEALTH DISTRICT as a provisional employee. This 18,298
recipient shall stand ahead of any other person whose name is on 18,299
a preferred eligible list for such position, except for another 18,300
provisional employee who has taken the test and whose name 18,301
appears on the list.
(H) THE DIRECTOR OF ADMINISTRATIVE SERVICES MAY ADOPT 18,303
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 18,304
GOVERNING DIVISIONS (F) AND (G) OF THIS SECTION. 18,305
Sec. 5101.83 5107.54. (A) There is hereby established, as 18,314
a component of WORK ACTIVITY UNDER the JOBS program OHIO WORKS 18,316
COMPONENT, the work experience program under which an employable 18,317
A recipient of aid to dependent children or food stamps may be 18,318
assigned under division (G) of section 5101.81 of the Revised 18,320
Code ASSISTANCE UNDER THE OHIO WORKS COMPONENT WHO IS ASSIGNED TO 18,321
THE PROGRAM RECEIVES WORK EXPERIENCE.
Employable OHIO WORKS recipients assigned to the work 18,323
experience program are not employees of the state department of 18,324
428
human services or the county department of human services. The 18,325
operation of the work experience program does not constitute the 18,327
operation of an employment agency by the state department of 18,328
human services or any county department of human services. 18,329
(B) In accordance with rules that the director of human 18,331
services shall adopt ADOPTED under Chapter 119. SECTION 5107.07 18,333
of the Revised Code, county departments of human services shall 18,334
be responsible for the development of work projects to which 18,335
employable OHIO WORKS recipients are assigned. Each county 18,337
department shall make a list of such work projects available to 18,338
the public. When assigning employable recipients to work under 18,339
the work experience program, first priority shall be given to 18,340
placements in a public agency, second priority to placements in a
private nonprofit organization, and third priority to placements 18,341
in a private for-profit organization. No work assignments shall 18,342
be made that result in the removal or discharge of a person who 18,343
is already employed as a regular full-time or part-time employee, 18,344
is or has been involved in a dispute between a labor organization 18,345
and the employer, has been temporarily laid off and is receiving 18,346
unemployment compensation under Chapter 4141. of the Revised 18,347
Code, or has been temporarily laid off and is subject to recall 18,348
pursuant to a bona fide recall list of the employer. 18,349
(C)(1) Except as provided under division (C)(2) of this 18,351
section, agencies and organizations to which employable OHIO 18,352
WORKS recipients are assigned under the work experience program 18,354
shall pay premiums to the bureau of workers' compensation on 18,355
account of such recipients. 18,356
(2) An agency or organization is not required to pay 18,358
premiums to the bureau of workers' compensation under division 18,359
(C)(1) of this section if the department of human services adopts 18,360
a rule UNDER SECTION 5107.07 OF THE REVISED CODE requiring the 18,361
department to pay the premiums for the agency or organization. 18,363
The department may adopt rules in accordance with Chapter 119. of 18,364
the Revised Code requiring the department to pay premiums under 18,365
429
division (C)(2) of this section.
Sec. 5107.60. (A) IN ACCORDANCE WITH RULES ADOPTED UNDER 18,368
SECTION 5107.07 OF THE REVISED CODE, A COUNTY DEPARTMENT OF HUMAN 18,369
SERVICES MAY ESTABLISH WORK ACTIVITIES AND ALTERNATIVE WORK 18,370
ACTIVITIES FOR RECIPIENTS OF ASSISTANCE UNDER THE OHIO WORKS 18,371
COMPONENT SUBJECT TO WORK RESPONSIBILITIES UNDER THE COMPONENT. 18,372
WORK ACTIVITIES MAY INCLUDE THE FOLLOWING: 18,373
(1) AN EDUCATION PROGRAM UNDER WHICH THE RECIPIENT ATTENDS 18,376
A SCHOOL, SPECIAL EDUCATION PROGRAM, OR ADULT HIGH SCHOOL 18,377
CONTINUATION PROGRAM THAT CONFORMS TO THE MINIMUM STANDARDS 18,378
PRESCRIBED BY THE STATE BOARD OF EDUCATION OR INSTRUCTIONAL 18,379
COURSES DESIGNED TO PREPARE THE RECIPIENT TO EARN A HIGH SCHOOL 18,380
EQUIVALENCE DIPLOMA. A MEMBER ASSIGNED TO THE PROGRAM IS 18,381
REQUIRED TO EARN A HIGH SCHOOL DIPLOMA, ADULT EDUCATION DIPLOMA, 18,382
OR HIGH SCHOOL EQUIVALENCE DIPLOMA NOT LATER THAN TWO YEARS AFTER 18,383
THE DATE THE RECIPIENT BEGINS PARTICIPATION IN THE PROGRAM. 18,384
(2) AN EDUCATION PROGRAM UNDER WHICH THE RECIPIENT ATTENDS 18,387
VOCATIONAL EDUCATION PROGRAMS OR OTHER EDUCATIONAL PROGRAMS THAT 18,388
CONFORM TO THE MINIMUM STANDARDS SPECIFIED IN RULES ADOPTED UNDER 18,389
SECTION 5107.07 OF THE REVISED CODE;
(3) AN EDUCATION PROGRAM THAT PAYS, FOR NOT MORE THAN TWO 18,391
YEARS, THE RECIPIENT'S TUITION FOR POST-SECONDARY EDUCATION 18,392
LEADING TO VOCATION. THE PROGRAM MAY NOT PAY THE RECIPIENT'S 18,393
TUITION IF THE RECIPIENT HAS ACCESS TO FUNDS OUTSIDE THE PROGRAM 18,394
TO PAY FOR THE TUITION. THE RECIPIENT SHALL SEEK A LOAN FOR THE 18,395
TUITION, A FEDERAL PELL GRANT UNDER 20 U.S.C. 1070a, AND AN OHIO 18,400
INSTRUCTIONAL GRANT UNDER SECTION 3333.12 OF THE REVISED CODE 18,401
BEFORE THE PROGRAM MAY PAY FOR THE TUITION. THE RECIPIENT MAY 18,402
RECEIVE, FOR NOT MORE THAN THREE YEARS, SUPPORT SERVICES, 18,403
INCLUDING PUBLICLY FUNDED CHILD DAY-CARE UNDER CHAPTER 5104. OF 18,404
THE REVISED CODE AND TRANSPORTATION, THAT THE RECIPIENT NEEDS TO 18,405
PARTICIPATE IN THE PROGRAM. TO RECEIVE THE THIRD YEAR OF SUPPORT 18,406
SERVICES, THE RECIPIENT MUST BE, AS DETERMINED BY THE EDUCATIONAL 18,407
INSTITUTION IN WHICH THE RECIPIENT IS ENROLLED, ATTENDING THE 18,408
430
INSTITUTION FULL TIME AND IN GOOD STANDING WITH THE INSTITUTION. 18,409
(4) AN UNPAID INTERNSHIP PROGRAM WITH A GOVERNMENT OR 18,411
PRIVATE EMPLOYER. THE COUNTY DEPARTMENT MAY ASSIGN THE RECIPIENT 18,413
TO WORK AS INTERN UNDER THE PROGRAM ONLY IF THE EMPLOYER ENTERS 18,414
INTO A CONTRACT WITH THE COUNTY DEPARTMENT UNDER WHICH THE 18,415
EMPLOYER AGREES TO DO ALL OF THE FOLLOWING:
(a) CONTINUE THE INTERNSHIP UNTIL THE EARLIER OF THE DATE 18,418
THE EMPLOYER HIRES THE RECIPIENT TO WORK AS AN EMPLOYEE OR SIX 18,419
MONTHS AFTER THE DATE THE INTERNSHIP BEGINS; 18,420
(b) HIRE THE RECIPIENT AS AN EMPLOYEE NOT LATER THAN SIX 18,423
MONTHS AFTER THE INTERNSHIP BEGINS IF THE EMPLOYER HAS A POSITION 18,424
AVAILABLE FOR WHICH THE RECIPIENT IS QUALIFIED AND THE EMPLOYER 18,425
IS SATISFIED WITH THE RECIPIENT'S PERFORMANCE; 18,426
(c) IF THE EMPLOYER HIRES THE RECIPIENT AS AN EMPLOYEE, 18,429
PROVIDE THE RECIPIENT THE NUMBER OF HOURS OF EMPLOYMENT EACH WEEK 18,430
THAT IS NOT LESS THAN THE NUMBER OF HOURS THE RECIPIENT IS 18,431
REQUIRED TO PARTICIPATE IN A WORK ACTIVITY OR ALTERNATIVE WORK 18,432
ACTIVITY UNDER THE OHIO WORKS COMPONENT AS DETERMINED BY RULES 18,434
ADOPTED UNDER SECTION 5107.07 OF THE REVISED CODE;
(d) COMPLY WITH ALL OTHER TERMS OF THE CONTRACT. 18,436
(5) AN EMPLOYMENT TRAINING PROGRAM PROVIDED BY A 18,439
GOVERNMENT AGENCY OR PERSON UNDER CONTRACT WITH THE COUNTY 18,440
DEPARTMENT; 18,441
(6) OTHER EMPLOYMENT AND WORK PROGRAMS. 18,443
(B) IF A COUNTY DEPARTMENT ASSIGNS AN OHIO WORKS RECIPIENT 18,447
TO AN EDUCATION PROGRAM UNDER DIVISION (A)(1), (2), OR (3) OF 18,448
THIS SECTION, THE COUNTY DEPARTMENT SHALL ASSIGN THE RECIPIENT TO 18,449
ADDITIONAL WORK ACTIVITIES AT THE SAME TIME. 18,450
Sec. 5101.92 5107.61. Necessary SUBJECT TO THE 18,459
AVAILABILITY OF FUNDS AND EXCEPT AS LIMITED BY DIVISION (A)(3) OF 18,460
SECTION 5107.60 OF THE REVISED CODE, COUNTY DEPARTMENTS OF HUMAN 18,461
SERVICES SHALL PROVIDE NECESSARY support services, including, but 18,463
not limited to, PUBLICLY FUNDED child care DAY-CARE UNDER CHAPTER 18,464
5104. OF THE REVISED CODE and transportation, as determined by 18,465
431
the department of human services, shall be provided, except as 18,466
limited by RULES ADOPTED UNDER section 5101.85 5107.07 of the 18,468
Revised Code, to employable OHIO WORKS recipients assigned to a 18,469
component of the JOBS program WORK ACTIVITY OR ALTERNATIVE WORK 18,470
ACTIVITY UNDER OHIO WORKS. The general assembly shall 18,472
appropriate amounts sufficient to cover the administrative costs 18,473
of implementing the requirements and the costs of any necessary 18,474
support services under such components. 18,475
Sec. 5107.62. EXCEPT FOR AN ASSISTANCE GROUP MEMBER WHO IS 18,478
ASSIGNED TO AN UNSUBSIDIZED EMPLOYMENT OPPORTUNITY OR THE
SUBSIDIZED EMPLOYMENT PROGRAM, CREDIT FOR WORK PERFORMED BY AN 18,479
ASSISTANCE GROUP MEMBER IN A WORK ACTIVITY OR ALTERNATIVE WORK 18,480
ACTIVITY UNDER THE OHIO WORKS COMPONENT DOES NOT CONSTITUTE 18,482
REMUNERATION FOR THE PURPOSE OF CHAPTER 124., 144., OR 145. OF 18,483
THE REVISED CODE AND SERVICES PERFORMED BY THE MEMBER DOES NOT 18,484
CONSTITUTE EMPLOYMENT FOR THE PURPOSE OF CHAPTER 4141. OF THE 18,485
REVISED CODE.
Sec. 5107.64. (A) NO MEMBER OF AN ASSISTANCE GROUP 18,488
APPLYING FOR OR RECEIVING ASSISTANCE UNDER THE OHIO WORKS 18,489
COMPONENT SHALL FAIL OR REFUSE, WITHOUT GOOD CAUSE, TO DO ANY OF 18,490
THE FOLLOWING: 18,491
(1) REPORT TO, COOPERATE WITH, OR COMPLETE AN ASSESSMENT 18,493
UNDER SECTION 5107.43 OF THE REVISED CODE; 18,494
(2) COOPERATE IN OVERCOMING BARRIERS TO EMPLOYMENT 18,496
SPECIFIED IN RULES ADOPTED UNDER SECTION 5107.07 OF THE REVISED 18,497
CODE;
(3) UNDERGO AN INDEPENDENT MEDICAL OR PSYCHOLOGICAL 18,499
EXAMINATION AT A CONVENIENT TIME AND PLACE TO VERIFY A CLAIM THAT 18,501
THE MEMBER HAS A MEDICALLY DETERMINABLE PHYSIOLOGICAL OR
PSYCHOLOGICAL IMPAIRMENT, ILLNESS, OR DISABILITY; 18,502
(4) REPORT TO RECEIVE ASSIGNMENT TO A WORK ACTIVITY OR 18,504
ALTERNATIVE WORK ACTIVITY; 18,505
(5) ACCEPT, REPORT TO, OR PERFORM THE DUTIES OF AN 18,507
ASSIGNED WORK ACTIVITY OR ALTERNATIVE WORK ACTIVITY; 18,508
432
(6) PARTICIPATE IN AN ASSIGNED WORK ACTIVITY OR 18,510
ALTERNATIVE WORK ACTIVITY FOR AT LEAST THE NUMBER OF HOURS 18,511
DETERMINED PURSUANT TO RULES ADOPTED UNDER SECTION 5107.07 OF THE 18,512
REVISED CODE;
(7) IF EXCUSED FOR GOOD CAUSE FROM PARTICIPATING IN AN 18,514
ASSIGNED WORK ACTIVITY OR ALTERNATIVE WORK ACTIVITY ON A 18,515
PARTICULAR DAY, MAKE UP THE HOURS THE MEMBER OTHERWISE WOULD HAVE 18,517
HAD TO PARTICIPATE THAT DAY, UNLESS A COUNTY DEPARTMENT OF HUMAN 18,518
SERVICES EXCUSES THE MEMBER FROM MAKING UP THE HOURS; 18,519
(8) ACCEPT BONA FIDE OFFERS OF EMPLOYMENT OR TRAINING; 18,522
(9) FULFILL A CASE PLAN, REUNIFICATION PLAN, OR OTHER 18,524
REQUIREMENTS OF A PUBLIC CHILDREN SERVICES AGENCY WITH REGARD TO 18,525
THE MEMBER'S CHILD WHO IS EITHER IN THE CUSTODY OF OR RECEIVING 18,526
SERVICES FROM THE AGENCY; 18,527
(10) SATISFY ANY OTHER REQUIREMENT ESTABLISHED BY RULES 18,529
ADOPTED UNDER SECTION 5107.07 OF THE REVISED CODE. 18,530
(B) IF A MEMBER OF AN ASSISTANCE GROUP APPLYING FOR OR 18,533
RECEIVING ASSISTANCE UNDER THE OHIO WORKS COMPONENT VIOLATES 18,534
DIVISION (A) OF THIS SECTION, THE MEMBER'S ASSISTANCE GROUP IS 18,536
INELIGIBLE FOR ASSISTANCE UNDER THE OHIO WORKS COMPONENT FOR THE 18,538
MONTH IN WHICH THE VIOLATION OCCURRED. A MEMBER OF AN ASSISTANCE 18,539
GROUP DOES NOT VIOLATE DIVISION (A)(5), (6), OR (7) OF THIS 18,540
SECTION IF A COUNTY DEPARTMENT OF HUMAN SERVICES HAS NOT ASSIGNED 18,542
THE MEMBER TO A WORK ACTIVITY OR ALTERNATIVE WORK ACTIVITY FOR 18,543
THAT MONTH OR ASSIGNS THE MEMBER TO A WORK ACTIVITY OR 18,544
ALTERNATIVE WORK ACTIVITY FOR THAT MONTH BUT DOES NOT PROVIDE
SUPPORT SERVICES THAT ARE NECESSARY FOR THE MEMBER TO PARTICIPATE 18,546
IN THE ACTIVITY. THIS EXEMPTION FROM INELIGIBILITY DOES NOT 18,547
APPLY IF THE MEMBER IS ASSIGNED TO AN EDUCATION PROGRAM UNDER 18,548
DIVISION (A)(3) OF SECTION 5107.60 OF THE REVISED CODE AND 18,549
EXHAUSTS THE SUPPORT SERVICES AVAILABLE FOR THE PROGRAM. 18,550
IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 5107.07 OF 18,552
THE REVISED CODE, A COUNTY DEPARTMENT SHALL PROVIDE AN ASSISTANCE 18,553
GROUP MADE INELIGIBLE FOR ASSISTANCE UNDER THE OHIO WORKS 18,554
433
COMPONENT BY THIS SECTION AN OPPORTUNITY TO DEMONSTRATE TO THE 18,555
COUNTY DEPARTMENT A WILLINGNESS TO CEASE THE VIOLATION. 18,556
AN ASSISTANCE GROUP THAT WOULD BE ELIGIBLE FOR ASSISTANCE 18,558
UNDER THE OHIO WORKS COMPONENT IF NOT FOR THIS SECTION IS 18,560
ELIGIBLE FOR MEDICAL ASSISTANCE UNDER CHAPTER 5111. OF THE 18,561
REVISED CODE.
Sec. 5107.66. AN ASSISTANCE GROUP ELIGIBLE FOR ASSISTANCE 18,563
UNDER THE OHIO WORKS COMPONENT THAT INCLUDES A MEMBER WHO IS 18,565
ASSIGNED TO A WORK ACTIVITY OR ALTERNATIVE WORK ACTIVITY UNDER 18,566
THE COMPONENT SHALL NOT RECEIVE THE ASSISTANCE PAYMENT PAYABLE 18,567
UNDER OHIO WORKS UNTIL THE MEMBER HAS PARTICIPATED IN THE 18,569
ACTIVITY FOR THE NUMBER OF HOURS THAT MONTH DETERMINED PURSUANT 18,570
TO RULES ADOPTED UNDER SECTION 5107.07 OF THE REVISED CODE. IF
THE MEMBER FAILS TO PARTICIPATE IN AN ASSIGNED ACTIVITY THE 18,571
NUMBER OF REQUIRED HOURS BECAUSE A COUNTY DEPARTMENT OF HUMAN 18,572
SERVICES DOES NOT PROVIDE SUPPORT SERVICES THAT ARE NECESSARY FOR 18,573
THE MEMBER TO PARTICIPATE IN THE ACTIVITY, THE ASSISTANCE GROUP 18,574
SHALL RECEIVE THE ASSISTANCE PAYMENT AT THE TIME THE ASSISTANCE 18,575
GROUP WOULD RECEIVE THE PAYMENT IF THE MEMBER HAD PARTICIPATED IN 18,576
THE ACTIVITY THE REQUIRED NUMBER OF HOURS, UNLESS THE MEMBER IS 18,577
ASSIGNED TO AN EDUCATION PROGRAM UNDER DIVISION (A)(3) OF SECTION 18,579
5107.60 OF THE REVISED CODE AND EXHAUSTS THE SUPPORT SERVICES 18,580
AVAILABLE UNDER THE PROGRAM.
Sec. 5101.91 5107.68. (A) The director of human services 18,589
and the county directors of human services shall implement and 18,591
enforce the requirements of sections 5101.80 5107.40 to 5101.94 18,592
5107.68 of the Revised Code. Other state agencies shall 18,595
cooperate with the department of human services to the maximum 18,596
extent possible in the implementation of the programs established 18,597
under such THOSE sections. 18,598
(B) In employing persons to administer and supervise the 18,600
JOBS program WORK ACTIVITIES AND ALTERNATIVE WORK ACTIVITIES 18,602
UNDER THE OHIO WORKS COMPONENT, first consideration shall be 18,604
given to state government employees who have been laid off from 18,605
434
their state positions and employable APPLICANTS FOR AND
recipients of aid to dependent children ASSISTANCE UNDER THE OHIO 18,607
WORKS COMPONENT, provided such employees, APPLICANTS, and 18,609
recipients qualify for the administrative and supervisory 18,611
positions to be filled. A state government employee shall be 18,612
eligible for first consideration under this division only within 18,613
the layoff district established under section 124.326 of the 18,614
Revised Code in which the employee was laid off, and an
employable APPLICANT OR recipient shall be eligible for first 18,616
consideration only within the county in which the APPLICANT 18,617
APPLIES FOR OR recipient receives aid to dependent children 18,619
ASSISTANCE UNDER THE OHIO WORKS COMPONENT.
(C) To the maximum extent practicable, necessary support 18,621
services PROVIDED under such sections SECTION 5107.61 OF THE 18,623
REVISED CODE shall be performed by employable OHIO WORKS
recipients assigned to a component of the JOBS program WORK 18,626
ACTIVITY OR ALTERNATIVE WORK ACTIVITY UNDER THE OHIO WORKS 18,627
COMPONENT.
Sec. 5111.01. As used in this chapter, "medical assistance 18,636
program" or "medicaid" means the program that is authorized by 18,638
this section and provided by the department of human services 18,640
under this chapter and Title XIX of the "Social Security Act," 49 18,641
Stat. 620 (1935), 42 U.S.C.A. 301, as amended. 18,642
(A) The department of human services may provide medical 18,644
assistance under the medicaid program as long as federal funds 18,646
are provided for such assistance, to the following:
(1) Recipients and potential recipients of aid ASSISTANCE 18,648
under THE OHIO WORKS COMPONENT OF THE OHIO WORKS FIRST PROGRAM 18,649
ESTABLISHED UNDER Chapter 5107. of the Revised Code, AND persons 18,651
who are eligible for medical assistance pursuant to section 18,652
5101.842, 5101.86, 5101.88, 5101.881, 5101.18, 5101.95, 5107.041, 18,653
5107.071, 5107.31, 5107.32, 5107.20, 5107.22, 5107.24, 5107.26, 18,654
5107.28, 5107.34, 5107.64, or 5111.017 of the Revised Code 18,655
despite being ineligible for aid ASSISTANCE under that chapter, 18,656
435
and children of minor parents who would be eligible for aid under 18,658
that chapter if not for section 5107.031 of the Revised Code THE 18,659
OHIO WORKS COMPONENT;
(2) Aged, blind, and disabled persons who meet the 18,661
following conditions: 18,662
(a) Receive federal aid under Title XVI of the "Social 18,664
Security Act," or are eligible for but are not receiving such 18,665
aid, provided that the income from all other sources for 18,666
individuals with independent living arrangements shall not exceed 18,667
one hundred seventy-five dollars per month. The income standards 18,668
hereby established shall be adjusted annually at the rate that is 18,669
used by the United States department of health and human services 18,671
to adjust the amounts payable under Title XVI. 18,672
(b) Do not receive aid under Title XVI, but meet one or 18,674
both ANY of the following criteria: 18,675
(i) Would be eligible to receive such aid, except that 18,677
their income, other than that excluded from consideration as 18,678
income under Title XVI, exceeds the maximum under division 18,679
(A)(2)(a) of this section, and incurred expenses for medical 18,680
care, as determined under federal regulations applicable to 18,681
section 209(b) of the "Social Security Amendments of 1972," 86 18,682
Stat. 1381, 42 U.S.C.A. 1396a(f), as amended, equal or exceed the 18,683
amount by which their income exceeds the maximum under division 18,684
(A)(2)(a) of this section; 18,685
(ii) Received aid for the aged, aid to the blind, or aid 18,687
for the permanently and totally disabled prior to January 1, 18,688
1974, and continue to meet all the same eligibility requirements; 18,689
(iii) ARE ELIGIBLE FOR MEDICAL ASSISTANCE PURSUANT TO 18,691
SECTION 5101.18 OF THE REVISED CODE. 18,692
(3) Persons to whom federal law requires, as a condition 18,694
of state participation in the medicaid program, that medical 18,695
assistance be provided; 18,696
(4) Persons under age twenty-one who meet the financial 18,698
eligibility standards in effect FOR THE OHIO WORKS COMPONENT OF 18,699
436
THE OHIO WORKS FIRST PROGRAM ESTABLISHED under Chapter 5107. of 18,700
the Revised Code but do not qualify as a dependent child as 18,702
defined in section 5107.03 MEET OTHER ELIGIBILITY REQUIREMENTS 18,703
FOR THE COMPONENT. THE DEPARTMENT SHALL ADOPT RULES IN 18,704
ACCORDANCE WITH CHAPTER 119. of the Revised Code; SPECIFYING 18,705
WHICH OHIO WORKS ELIGIBILITY REQUIREMENTS SHALL BE WAIVED FOR THE 18,706
PURPOSE OF PROVIDING MEDICAID ELIGIBILITY UNDER DIVISION (A)(4) 18,707
OF THIS SECTION.
(5) Effective October 1, 1993, if funds are appropriated 18,709
by the general assembly for this purpose, children born after 18,710
January 1, 1983, who are not otherwise eligible for assistance 18,711
under this division and whose countable income is at or below two 18,712
hundred per cent of the federal poverty guideline, as revised 18,713
annually by the United States secretary of health and human 18,714
services in accordance with section 673 of the "Community 18,715
Services Block Grant Act," 95 Stat. 511 (1981), 42 U.S.C.A. 9902, 18,716
as amended, for a family size equal to the size of the assistance 18,717
group of the person whose income is being determined. 18,718
(B) If funds are appropriated for such purpose by the 18,720
general assembly, the department may provide medical assistance 18,721
to persons in groups designated by federal law as groups to which 18,723
a state, at its option, may provide medical assistance under the 18,724
medicaid program.
Sec. 5111.012. The AN INDIVIDUAL SEEKING MEDICAL 18,733
ASSISTANCE UNDER THIS CHAPTER SHALL APPLY TO A county department 18,734
of human services of each county shall establish the eligibility, 18,735
THE STATE DEPARTMENT OF HUMAN SERVICES, OR A PERSON OR GOVERNMENT 18,736
ENTITY UNDER CONTRACT WITH THE STATE DEPARTMENT. THE ENTITY THAT 18,737
RECEIVES THE APPLICATION SHALL DETERMINE WHETHER THE INDIVIDUAL 18,738
IS ELIGIBLE for medical assistance of persons living in the 18,739
county, and shall notify the STATE department of human services 18,741
in the manner prescribed by the department. The A county 18,742
DEPARTMENT shall be reimbursed for administrative expenditures in 18,743
accordance with sections 5101.16, 5101.161, and 5701.01 of the
437
Revised Code. A PERSON OR GOVERNMENT ENTITY UNDER CONTRACT WITH 18,744
THE STATE DEPARTMENT SHALL BE REIMBURSED FOR ADMINISTRATIVE 18,745
EXPENDITURES PURSUANT TO THE CONTRACT. Expenditures for medical 18,746
assistance shall be made from funds appropriated to the 18,747
department of human services for public assistance subsidies. 18,748
The program shall conform to the requirements of the "Social 18,749
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended. 18,750
Sec. 5111.013. (A) The provision of medical assistance to 18,759
pregnant women and young children who are eligible for medical 18,760
assistance under division (A)(3) of section 5111.01 of the 18,761
Revised Code, but who are not otherwise eligible for medical 18,762
assistance under that section, shall be known as the healthy 18,763
start program. 18,764
(B) The department of human services shall do all of the 18,766
following with regard to the application procedures for the 18,767
healthy start program and the Ohio children's health care 18,768
program: 18,769
(1) Establish a short application form for each or both 18,771
programs that requires the applicant to provide no more 18,772
information than is necessary for making determinations of 18,773
eligibility for the healthy start or Ohio children's health care 18,774
program, except that the form may require applicants to provide 18,775
their social security numbers. The form shall include a 18,776
statement, which must be signed by the applicant, indicating that 18,777
she does not choose at the time of making application for the 18,778
program to apply for assistance provided under any other program 18,779
administered by the department and that she understands that she 18,780
is permitted at any other time to apply at the county department 18,781
of human services of the county in which she resides for any 18,782
other assistance administered by the department. 18,783
(2) To the extent permitted by federal law, do one or both 18,785
of the following: 18,786
(a) Distribute the application form for the programs to 18,788
each public or private entity that serves as a women, infants, 18,789
438
and children clinic or as a child and family health clinic and to 18,790
each administrative body for such clinics and train employees of 18,791
each such agency or entity to provide applicants assistance in 18,792
completing the form; 18,793
(b) In cooperation with the department of health, develop 18,795
arrangements under which employees of county departments of human 18,796
services, PERSONS OR GOVERNMENT ENTITIES UNDER CONTRACT WITH THE 18,797
DEPARTMENT OF HUMAN SERVICES UNDER SECTION 5111.012 OF THE 18,798
REVISED CODE, OR THE DEPARTMENT OF HUMAN SERVICES are stationed 18,799
at public or private agencies or entities selected by the 18,800
department of human services that serve as women, infants, and 18,801
children clinics; child and family health clinics; or 18,802
administrative bodies for such clinics for the purpose both of
assisting applicants for the programs in completing the 18,803
application form and of making determinations at that location of 18,804
eligibility for the programs. 18,805
(3) Establish performance standards by which a county 18,807
department of human services' THE level of enrollment of persons 18,808
potentially eligible for each program BY A COUNTY DEPARTMENT OR 18,809
PERSON OR GOVERNMENT ENTITY UNDER CONTRACT WITH THE DEPARTMENT 18,810
can be measured, and establish acceptable levels of enrollment 18,811
for each county department of human services AND PERSON AND 18,812
GOVERNMENT ENTITY UNDER CONTRACT WITH THE DEPARTMENT. 18,813
(4) Direct any county department of human services OR 18,815
PERSON OR GOVERNMENT ENTITY UNDER CONTRACT WITH THE DEPARTMENT 18,816
whose rate of enrollment of potentially eligible enrollees in 18,817
either program is below acceptable levels established under 18,818
division (B)(3) of this section to implement corrective action. 18,819
Corrective action by the county department of human services may 18,820
include but is not limited to any one or more of the following to 18,821
the extent permitted by federal law: 18,822
(a) Establishing formal referral and outreach methods with 18,824
local health departments and local entities receiving funding 18,825
through the bureau of maternal and child health; 18,826
439
(b) Designating a specialized intake unit within the 18,828
county department of human services, PERSON, OR GOVERNMENT ENTITY 18,830
for healthy start and Ohio health care program applicants;
(c) Establishing abbreviated timeliness requirements to 18,832
shorten the time between receipt of an application and the 18,833
scheduling of an initial application interview; 18,834
(d) Establishing a system for telephone scheduling of 18,836
intake interviews for applicants; 18,837
(e) Establishing procedures to minimize the time an 18,839
applicant must spend in completing the application and 18,840
eligibility determination process, including permitting 18,841
applicants to complete the process at times other than the 18,842
regular business hours of the county department, PERSON, OR 18,843
GOVERNMENT ENTITY and at locations other than the offices of the 18,844
county department, PERSON, OR GOVERNMENT ENTITY. 18,845
(C) To the extent permitted by federal law, local funds, 18,847
whether from public or private sources, expended by a county 18,848
department OR PERSON OR GOVERNMENT ENTITY UNDER CONTRACT WITH THE 18,849
DEPARTMENT for administration of the healthy start and Ohio 18,850
children's health care programs shall be considered to have been 18,851
expended by the state for the purpose of determining the extent 18,852
to which the state has complied with any federal requirement that 18,853
the state provide funds to match federal funds for medical 18,854
assistance, except that this division shall not affect the amount 18,855
of funds the county, PERSON, OR GOVERNMENT ENTITY is entitled to 18,856
receive under section 5101.16, 5101.161, 5107.01, or 5111.012 of 18,857
the Revised Code. 18,858
(D) The director of human services shall do one or both of 18,860
the following: 18,861
(1) To the extent that federal funds are provided for such 18,863
assistance, adopt a plan for granting presumptive eligibility for 18,864
pregnant women applying for healthy start; 18,865
(2) To the extent permitted by federal medicaid 18,867
regulations, adopt a plan for making same-day determinations of 18,868
440
eligibility for pregnant women applying for healthy start. 18,869
(E) A county department of human services OR PERSON OR 18,871
GOVERNMENT ENTITY UNDER CONTRACT WITH THE DEPARTMENT that 18,872
maintains offices at more than one location shall accept 18,873
applications for the healthy start program and the Ohio 18,874
children's health care program at all of those locations. 18,875
(F) The director of human services shall adopt rules in 18,877
accordance with section 111.15 of the Revised Code as necessary 18,878
to implement this section. 18,879
Sec. 5111.017. (A) As used in this section: 18,888
(1) "Aid to dependent children" means the program 18,890
established by Chapter 5107. of the Revised Code. 18,891
(2) "Assistance group" has, "ADULT," "ASSISTANCE GROUP," 18,894
"MINOR CHILD," "OHIO WORKS," AND "TITLE IV-A" HAVE the same 18,895
meaning MEANINGS as in section 5107.011 5107.01 of the Revised 18,896
Code.
(B) The department of human services shall establish a 18,898
program for substance abuse assessment and treatment referral for 18,900
recipients of medical assistance under this chapter who are 18,901
pregnant and are required by statute or rule of the department to 18,902
receive medical services through a managed care organization. 18,903
Each such pregnant woman shall be screened for ALCOHOL AND OTHER 18,904
drug use at her first prenatal medical examination after July 1, 18,905
1996.
The department of human services shall MAY require each 18,907
managed care organization providing services to medical 18,909
assistance recipients pursuant to a contract with the department 18,910
of human services to inform persons who will provide prenatal 18,911
medical services to a pregnant recipient about the requirements 18,912
of this section. The department also shall MAY require persons 18,913
providing prenatal medical services to a pregnant recipient 18,914
pursuant to the managed care organization's contract with the 18,915
department to refer the recipient to an organization certified by 18,917
the department of alcohol and drug addiction services for 18,918
441
assessment if the person providing prenatal medical services to 18,919
her, following screening, determines the recipient may have a
substance abuse problem. Failure of a THE DEPARTMENT OF HUMAN 18,920
SERVICES MAY IMPOSE A SANCTION AGAINST AN OHIO WORKS recipient 18,922
FOR FAILURE OR REFUSAL to cooperate with an assessment or
participate in treatment in accordance with the rules adopted 18,923
under this section shall result in ineligibility for aid to 18,924
dependent children as follows THE FOLLOWING MANNER: 18,925
(1) For a first failure, OR REFUSAL, A COUNTY DEPARTMENT 18,927
OF HUMAN SERVICES SHALL ISSUE A WRITTEN WARNING TO THE ASSISTANCE 18,928
GROUP OF the recipient is ineligible for aid to dependent 18,930
children until the failure ceases or one payment month, whichever 18,931
is longer ADVISING THAT THE RECIPIENT VIOLATED THIS SECTION AND 18,932
PROVIDING SPECIFIC INFORMATION ABOUT THE CONSEQUENCES OF FURTHER 18,933
VIOLATIONS;
(2) For a second failure OR REFUSAL, the recipient and all 18,935
other members of the recipient's assistance group are ineligible 18,936
for aid to dependent children OHIO WORKS until the failure ceases 18,937
or one payment month, whichever is longer; 18,938
(3) For a third OR SUBSEQUENT failure OR REFUSAL, the 18,940
recipient and all other members of the recipient's assistance 18,942
group are ineligible for aid to dependent children OHIO WORKS 18,943
until the failure ceases or two SIX payment months, whichever is 18,944
longer;
(4) For a fourth or subsequent failure, the recipient and 18,946
all other members of the recipient's assistance group are 18,948
ineligible for aid to dependent children until the failure ceases
or six payment months, whichever is longer. 18,949
(C) If a MINOR CHILD recipient of aid to dependent 18,952
children under age eighteen OHIO WORKS is a member of an 18,953
assistance group sanctioned under division (B)(2), OR (3), or (4) 18,954
of this section, the sanction applied to the recipient shall 18,955
cease if the recipient ceases to reside with a specified 18,956
relative, as defined by rules adopted pursuant to section 5107.03 18,957
442
of the Revised Code, AN ADULT who was a member of the sanctioned 18,959
assistance group, unless the recipient is the member of the 18,960
assistance group whose failure OR REFUSAL to cooperate with an 18,961
assessment or participate in treatment caused the sanction. The 18,962
sanction shall continue for all other members of the assistance 18,963
group for the amount of time specified in division (B)(2), OR 18,965
(3), or (4) of this section.
(D) A person who would be eligible for aid to dependent 18,968
children OHIO WORKS if not for this section is eligible for the 18,969
medical assistance program.
(E) Not later than July 1, 1996, the THE department of 18,971
human services, in consultation with the department of alcohol 18,973
and drug addiction services, shall adopt rules IN ACCORDANCE WITH 18,974
CHAPTER 119. OF THE REVISED CODE necessary to implement this 18,975
section. THE RULES SHALL COMPLY WITH TITLE IV-A AND FEDERAL 18,976
REGULATIONS.
(F) If any provision of this section conflicts with the 18,978
terms and conditions of a federal waiver granted pursuant to an 18,979
application made under section 5101.09 of the Revised Code, the 18,980
terms and conditions of the federal waiver prevail. 18,981
Sec. 5111.023. (A) The department of human services may 18,990
provide medical assistance under Title XIX of the "Social 18,991
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, in 18,992
addition to such assistance provided under section 5111.01 of the 18,993
Revised Code, as long as federal funds are provided for such 18,994
assistance, to each former recipient of assistance under THE OHIO 18,995
WORKS COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER 18,996
Chapter 5107. of the Revised Code who meets all of the following 18,997
requirements: 18,998
(1) Is ineligible for assistance under Chapter 5107. of 19,000
the Revised Code THE OHIO WORKS COMPONENT solely as a result of 19,002
increased income due to employment;
(2) Is not covered by, and does not have access to, 19,004
medical insurance coverage through the employer with benefits 19,005
443
comparable to those provided under this section, as determined in 19,006
accordance with rules adopted by the department of human services 19,007
under division (B) of this section; 19,008
(3) Meets any other requirement established by rule 19,010
adopted under division (B) of this section. 19,011
(B) The department of human services shall adopt such 19,013
rules under Chapter 119. of the Revised Code as are necessary to 19,014
implement and administer the medical assistance program under 19,015
this section. 19,016
(C) A person seeking to participate in a program of 19,018
medical assistance under this section shall apply to the county 19,019
department of human services in the county in which the applicant 19,020
resides OR OTHER ENTITY PURSUANT TO SECTION 5111.012 OF THE 19,021
REVISED CODE. The application shall be made on a form prescribed 19,022
by the state department of human services and furnished by the 19,023
county department OR OTHER ENTITY. 19,024
(D) If the county department of human services determines 19,026
that a person is eligible to receive medical assistance under 19,027
this section, the department shall provide assistance, to the 19,028
same extent and in the same manner as medical assistance is 19,029
provided to a person eligible for assistance under Chapter 5107. 19,030
of the Revised Code THE OHIO WORKS COMPONENT, for no longer than 19,032
eighteen months, beginning the month after the date the 19,033
recipient's medical assistance under Chapter 5107. of the Revised 19,034
Code THE OHIO WORKS COMPONENT is terminated. 19,035
Sec. 5111.09. On or before the first day of January of 19,044
each year, the department of human services shall submit to the 19,045
speaker of the house of representatives and the president of the 19,046
senate, and shall make available to the public, a report on the 19,047
effectiveness of the aid to dependent children OHIO WORKS 19,048
COMPONENT OF THE OHIO WORKS FIRST program established under 19,050
Chapter 5107. of the Revised Code and the medical assistance 19,051
program established under this chapter in meeting the health care 19,052
needs of low-income pregnant women, infants, and children. The 19,053
444
report shall include: the estimated number of persons eligible 19,054
for health care services to pregnant women, infants, and children 19,055
under the programs; the actual number of eligible persons served; 19,056
the number of prenatal, postpartum, and child health visits; a 19,057
report on birth outcomes, including a comparison of 19,058
low-birthweight births and infant mortality rates of program 19,059
participants with the general female child-bearing and infant 19,060
population in this state; and a comparison of the prenatal, 19,061
delivery, and child health costs of the programs with such costs 19,062
of similar programs in other states, where available. 19,063
Sec. 5111.74. (A) Not later than July 1, 1995, the 19,072
department of human services shall establish a fair share 19,073
demonstration project in Butler county for two years. The 19,074
demonstration project shall be administered by the Butler county 19,075
health care management board created under division (B) of this 19,076
section. In establishing the project, the department shall enter 19,077
into an agreement with the board, which shall provide that 19,078
medical assistance services be given to designated medical 19,079
assistance recipients who elect or are required by the department 19,080
to receive their services from or through the board or at least 19,081
one other managed care arrangement designated and approved by the 19,082
department.
The demonstration project shall demonstrate the viability 19,084
of delivering health care services to Butler county medical 19,085
assistance recipients through a cooperative health care 19,086
purchasing plan involving the organization of a managed care 19,087
network by physicians practicing medicine in Butler county and 19,088
hospitals located there. The demonstration project shall 19,089
restructure the medical assistance delivery system to improve the 19,090
delivery of cost effective, quality health care with an emphasis 19,091
on primary and preventive care, and shall prevent cost shifting 19,092
to the private sector. The demonstration project shall 19,093
demonstrate all of the following: 19,094
(1) A cost savings through prevention, the use of 19,096
445
appropriate levels of care, reduced administrative costs, and 19,097
utilization of the demonstration project through primary provider 19,098
reimbursement policies that encourage the delivery of primary and 19,099
preventive care; 19,100
(2) The effectiveness of local collaboration and autonomy 19,102
in managing medical assistance expenditures in Butler county; 19,103
(3) Improved access to quality health care for Butler 19,105
county's medical assistance recipients, while containing health 19,106
care costs. 19,107
The department shall make a grant of two hundred fifty 19,109
thousand dollars to the board on its establishment for operating 19,110
and project expenses. These funds shall be transferred from the 19,111
department's medical assistance account. 19,112
(B)(1) There is hereby created the Butler county health 19,114
care management board to administer the fair share demonstration 19,115
project in that county. The board shall consist of the county 19,116
director of human services and the following members: 19,117
(a) One representative of each hospital system located in 19,119
Butler county, selected by the hospital; 19,120
(b) Two physicians who specialize in pediatrics; two 19,122
family practice physicians; a physician who specializes in 19,123
obstetrics; an emergency department physician; a primary care 19,124
physician; a physician who is a medical specialist; a physician 19,125
who is a surgical specialist; a psychiatrist; and one physician 19,126
selected at large. The physicians shall be selected by the 19,127
county medical society or a similar organization of physicians in 19,128
the county. 19,129
(c) A chiropractor selected by an association of 19,131
chiropractors in the county; 19,132
(d) A licensed registered nurse who is an advanced 19,134
practice nurse selected by an organization of nurses in the 19,135
county; 19,136
(e) A dentist selected by an organization of dentists in 19,138
the county; 19,139
446
(f) An optometrist selected by an organization of 19,141
optometrists in the county; 19,142
(g) A psychologist selected by an organization of 19,144
psychologists in the county; 19,145
(h) A representative of child and family health services 19,147
clinics selected by the child health service consortium of Butler 19,148
county; 19,149
(i) A podiatrist selected by an organization of 19,151
podiatrists in the county. 19,152
(2) All members of the board shall be selected on the 19,154
basis of their experience with the delivery of health care 19,155
services to medical assistance recipients. If more than one 19,156
physician is to be selected from a specialty area, the order of 19,157
preference for determining board membership shall first be those 19,158
physicians that have significant experience in providing health 19,159
care services to medical assistance recipients. 19,160
(3) Each member of the board shall serve for the duration 19,162
of the demonstration project. In the event of a vacancy on the 19,163
board, a member shall be selected in the same manner as the 19,164
member he replaces REPLACED. Members shall not be compensated, 19,165
but may be reimbursed by the board for their actual and necessary 19,167
expenses. A majority of the members constitutes a quorum, and 19,168
the board may take official action only by affirmative vote of a 19,169
quorum.
(4) Not later than thirty days after July 1, 1993, the 19,171
representatives of the hospital systems in Butler county shall 19,173
select a temporary chairman CHAIRPERSON, who shall convene the 19,175
board not later than ninety days after July 1, 1993. Once
convened, the board shall elect a chairman CHAIRPERSON by a 19,177
majority vote from among its members, and all further meetings 19,179
shall be convened by the chairman CHAIRPERSON. The board may 19,181
elect officers and shall establish rules and procedures for its 19,182
governance and a schedule of meetings. The board may establish 19,183
an executive committee and such other subcommittees as it 19,184
447
determines necessary to act on behalf of the board. The county 19,185
department shall provide the board with any clerical,
professional, or technical assistance it requests. 19,186
(C) The Butler county health care management board shall 19,188
develop and implement a plan for the fair share demonstration 19,189
project. The board shall establish educational and case 19,190
management programs as it determines necessary to facilitate 19,191
access to and encourage appropriate utilization of essential 19,192
preventive medicine and primary care services. The board shall 19,193
have limited immunity from antitrust actions in developing and 19,194
implementing the project. The board shall apply for a 19,195
certificate of authority to establish and operate a health 19,196
maintenance organization under Chapter 1742. of the Revised Code. 19,197
On application of the board, the superintendent of insurance 19,198
shall issue a certificate of authority to the board for a 19,199
two-year period, notwithstanding the fact that the board may not 19,200
meet the requirements of Chapter 1742. of the Revised Code. The 19,201
certificate of authority shall be void if the agreement with the 19,202
department is not executed. The superintendent shall retain 19,203
powers and duties under Chapter 3903. of the Revised Code with 19,204
regard to the Butler county health care management board and the 19,205
demonstration project. 19,206
The board may do any of the following: 19,208
(1) Enter into contracts with any person organized to do 19,210
business in this state on behalf of the board; 19,211
(2) Accept and spend donations, grants, and other funds 19,213
received by the board; 19,214
(3) Employ personnel and professionals that may be needed 19,216
to assess the feasibility and to develop the demonstration 19,217
project; 19,218
(4) Establish provider agreements in Butler county that 19,220
will organize a managed health care delivery system for medical 19,221
assistance recipients and will establish provider reimbursement 19,222
policies to encourage the delivery of primary health care 19,223
448
services; 19,224
(5) Monitor the quality of health care delivered to 19,226
medical assistance recipients in Butler county; 19,227
(6) Establish provider agreements with physicians and 19,229
other health care practitioners that set forth the terms, 19,230
conditions, and payment procedures for the provision of health 19,231
care services to medical assistance recipients. Any provider 19,232
willing to accept such terms and conditions shall be eligible for 19,233
participation in the project. 19,234
(7) Establish, in cooperation with the county medical 19,236
society, voluntary participation guidelines for the project for 19,237
physicians in Butler county to ensure that they provide health 19,238
care services to their fair share of medical assistance 19,239
recipients in the county. Such guidelines shall be communicated 19,240
to all medical providers providing services in Butler county. 19,241
(8) Require that all medical assistance recipients, other 19,243
than those described in division (A)(2) of section 5111.01 of the 19,244
Revised Code, who elect or are required by the department to 19,245
receive their medical assistance services through the board 19,246
choose a physician who is participating in the demonstration 19,248
project to provide all health care services to the recipient, and 19,249
adopt standards for changing physicians, including disenrollment 19,250
as provided by federal law;
(9) So long as it is consistent with federal law, 19,252
establish a co-pay system for the following: 19,253
(a) Provision of medical services under the demonstration 19,255
project; 19,256
(b) Inappropriate utilization of medical services; 19,258
(c) Over-utilization of medical services; 19,260
(d) Failure of a medical assistance recipient to appear 19,262
for a scheduled medical appointment. 19,263
(10) Enter into agreements with the board of nursing 19,265
authorizing advanced practice nurses, certified nurse 19,267
practitioners, clinical nurse specialists, and certified 19,268
449
nurse-midwives in Butler county to have prescription powers and 19,270
perform primary care services in collaboration with or under the
supervision of a physician or podiatrist in accordance with 19,272
division (D) of this section; 19,274
(11) Enter into agreements with the state medical board 19,276
authorizing physician assistants in Butler county to have 19,277
prescription powers and perform primary care services under the 19,278
general supervision and authority of a physician in accordance 19,279
with division (D) of this section.;
(12) Assign medical assistance recipients, other than 19,281
those described in division (A)(2) of section 5111.01 of the 19,282
Revised Code, who elect or are required by the department to 19,283
receive their medical assistance services through the board, to 19,284
providers who have entered into provider agreements with the 19,286
board.
(D) The Butler county health care management board shall 19,288
pass a resolution by a majority vote establishing the terms and 19,289
conditions under which the scope of practice of advanced practice 19,290
nurses, certified nurse practitioners, clinical nurse 19,291
specialists, certified nurse-midwives, and physician assistants 19,292
in Butler county may be expanded. The expansion of practice for 19,294
advanced practice nurses shall comply with section 4723.56 of the 19,295
Revised Code. The expansion of practice for certified nurse 19,297
practitioners, clinical nurse specialists, and certified
nurse-midwives shall comply with Chapter 4723. of the Revised 19,298
Code. The expansion of practice for physician assistants shall 19,300
comply with sections 4730.06 and 4730.07 of the Revised Code. 19,301
The resolution shall be sent to the board of nursing and the Ohio 19,302
state medical board with a request that the scope of practice of 19,303
the practitioners be amended in accordance with the resolution. 19,304
On receipt of the resolution and request, the board of nursing 19,305
and the Ohio state medical board shall, without amendment, adopt 19,306
rules establishing the terms and conditions for expansion of the 19,307
scope of practice of advanced practice nurses, certified nurse 19,308
450
practitioners, clinical nurse specialists, certified 19,309
nurse-midwives, and physician assistants in Butler county in 19,311
accordance with the resolution. Such rules shall apply only to 19,312
such practitioners performing their duties in Butler county in 19,313
conjunction with and in accordance with the fair share 19,314
demonstration project.
(E) The department of human services may negotiate and 19,316
enter into an agreement with the board establishing a 19,317
comprehensive capitated fee for purposes of delivering health 19,318
care services to persons receiving benefits under THE OHIO WORKS 19,319
COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER 19,320
Chapter 5107. and section 5111.013 of the Revised Code, if the 19,321
department obtains a waiver from the secretary of the United 19,322
States department of health and human services of any federal 19,323
regulation that would prohibit or restrict the use of federal 19,324
funds. The department may include those persons described in 19,325
division (A)(2) of section 5111.01 of the Revised Code in the 19,326
project as it considers necessary. The capitated fee shall be 19,327
based on historic and expected utilization of the medical 19,328
assistance program by the Butler county medical assistance 19,329
population, adjusted by the current inflation rate, and shall be 19,330
sufficient to ensure that all Butler county primary care 19,331
physicians participating in the demonstration project are 19,332
reimbursed for office visits at a rate of not less than thirty 19,333
dollars per patient during the first year of the project, and not 19,334
less than thirty-five dollars per patient for the second year of 19,335
the project. Any savings of state funds the department of human 19,336
services receives as the result of the demonstration project 19,337
shall be distributed as follows: 19,338
(1) One-third of the savings to Butler county for 19,340
children's health programs; 19,341
(2) One-third of the savings to the department of human 19,343
services; 19,344
(3) One-third of the savings to providers participating in 19,346
451
the demonstration project. 19,347
(F) All provider agreements or any contracts entered into 19,349
or negotiated by the board shall be exempt from any contract 19,350
provision contained in a contract between medical providers and 19,351
health insurers or indemnity insurers licensed to do business in 19,352
this state that provides for a lower payment for the services. 19,354
(G) The Butler county health care management board shall, 19,356
at the end of each year of the demonstration project, issue a 19,357
report listing every medical provider practicing in Butler 19,358
county, the degree to which such provider has participated in the 19,359
demonstration project, and the extent to which such provider has 19,360
met the voluntary guidelines adopted by the board under division 19,361
(C)(7) of this section. 19,362
(H) The department of human services shall apply for any 19,364
federal waiver needed to implement the Butler county fair share 19,365
demonstration project. 19,366
Sec. 5115.01. (A) There is hereby established the 19,375
disability assistance program. Except as provided in division (D) 19,377
of this section, a disability assistance recipient shall receive 19,378
financial assistance. Except as provided in section 5115.11 of 19,379
the Revised Code, a disability assistance recipient also shall 19,380
receive disability assistance medical assistance. 19,381
Except as provided by division (B) of this section, a 19,383
person who meets all of the following requirements is eligible 19,384
for disability assistance: 19,385
(1) The person is ineligible for aid to dependent children 19,387
provided ASSISTANCE under THE OHIO WORKS FIRST PROGRAM 19,388
ESTABLISHED UNDER Chapter 5107. of the Revised Code and 19,389
supplemental security income provided pursuant to Title XVI of 19,390
the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 19,391
1383, as amended;
(2) The person is at least one of the following: 19,393
(a) Under age eighteen; 19,395
(b) Age sixty or older; 19,397
452
(c) Pregnant; 19,399
(d) Unable to do any substantial or gainful activity by 19,401
reason of a medically determinable physical or mental impairment 19,402
that can be expected to result in death or has lasted or can be 19,403
expected to last for not less than nine months;
(e) A resident of a residential treatment center AN ACTIVE 19,405
PARTICIPANT IN AN ALCOHOL OR DRUG ADDICTION PROGRAM certified by 19,406
the department of alcohol and drug addiction services; UNDER 19,407
SECTION 3793.06 OF THE REVISED CODE, INCLUDING A FORMER RECIPIENT 19,408
OF SUPPLEMENTAL SECURITY INCOME WHO LOST ELIGIBILITY FOR THAT 19,409
PROGRAM BECAUSE OF THE ENACTMENT OF PARAGRAPH (b)(1) OF SECTION 19,410
105 OF THE "CONTRACT WITH AMERICA ADVANCEMENT ACT OF 1996," 110 19,416
STAT. 847, 42 U.S.C. 1382c(a)(3). A PERSON ON A WAITING LIST TO 19,419
PARTICIPATE IN AN ALCOHOL OR DRUG ADDICTION PROGRAM, OR OTHERWISE 19,421
NOT PARTICIPATING IN A PROGRAM WHILE WAITING FOR TREATMENT 19,422
SERVICES AT A PROGRAM TO BECOME AVAILABLE, IS NOT AN ACTIVE 19,423
PARTICIPANT.
(f) Medication dependent as determined by a physician, as 19,425
defined in section 4730.01 of the Revised Code, who has certified 19,426
to the county department of human services that the person is 19,427
receiving ongoing treatment for a chronic medical condition 19,428
requiring continuous prescription medication for an indefinite, 19,429
long-term period of time and for whom the loss of the medication
would result in a significant risk of medical emergency and loss 19,430
of employability lasting at least nine months. 19,431
(3) The person meets the eligibility requirements 19,433
established by the department of human services in rules adopted 19,434
under section 5115.05 of the Revised Code. 19,435
(B)(1) A person is ineligible for disability assistance if 19,437
the person is ineligible for aid to dependent children, or 19,438
financial assistance under that program, ASSISTANCE UNDER THE 19,439
OHIO WORKS FIRST PROGRAM because of any of the following: 19,440
(a) A penalty pursuant to section 5101.842, 5101.88, 19,442
5101.881, 5101.95, 5107.01, 5107.031, 5107.041, 5107.071, 19,443
453
5107.30, 5107.31, 5107.32, 5107.15, 5107.20, 5107.24, 5107.26, 19,444
5107.28, 5107.34, 5107.64, or 5111.017 of the Revised Code or 19,445
division (C) of section 5101.86 of the Revised Code; 19,446
(b) The person's extended eligibility for aid to dependent 19,449
children THE OHIO WORKS COMPONENT OF THE OHIO WORKS FIRST PROGRAM 19,451
made possible by the AN earned income disregard established under 19,452
division (B)(1) of PURSUANT TO RULES ADOPTED UNDER section 19,453
5107.033 5107.07 of the Revised Code has ceased due to the 19,454
limited number of months the disregard is applied;
(c) The time limit for financial assistance established by 19,457
section 5107.33 5107.22 of the Revised Code;
(d) Failure to comply with an application or verification 19,460
procedure;
(e) The fraud control program established pursuant to 45 19,463
C.F.R. 235.112, AS IN EFFECT JULY 1, 1996. 19,464
(2) A person under age eighteen is ineligible for 19,466
disability assistance pursuant to division (B)(1)(a) of this 19,468
section only if the person caused the penalty or resides with a
person age eighteen or older who was a member of the same 19,469
assistance group that is ineligible for aid to dependent children 19,470
ASSISTANCE UNDER THE OHIO WORKS FIRST PROGRAM pursuant to a 19,471
penalty specified in division (B)(1)(a) of this section. A 19,473
person age eighteen or older is ineligible for disability
assistance pursuant to division (B)(1)(a) of this section 19,474
regardless of whether the person caused the penalty. 19,475
(C) No THE BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 19,477
HEALTH SERVICES THAT SERVES THE COUNTY IN WHICH A person is 19,478
eligible for RECEIVING disability assistance pursuant to division 19,479
(A)(2)(e) of this section more than once in a five-year period 19,480
PARTICIPATES IN AN ALCOHOL OR DRUG ADDICTION PROGRAM SHALL ACT AS 19,482
REPRESENTATIVE PAYEE FOR PURPOSES OF RECEIVING AND DISTRIBUTING 19,483
FINANCIAL ASSISTANCE PROVIDED UNDER THE DISABILITY ASSISTANCE 19,484
PROGRAM TO THE PERSON.
(D) A person eligible for disability assistance pursuant 19,486
454
to division (A)(2)(f) of this section shall not receive financial 19,487
assistance.
(E) The department shall adopt rules in accordance with 19,489
section 111.15 of the Revised Code defining terms and 19,490
establishing standards for determining whether a person meets a 19,491
condition of disability assistance eligibility pursuant to this 19,492
section.
Sec. 5115.03. (A) The state department of human services 19,501
shall do all BOTH of the following: 19,502
(1)(A) Adopt rules governing the administration of 19,504
disability assistance, including the administration of financial 19,505
assistance and disability assistance medical assistance. The 19,507
rules shall be binding on county departments of human services. 19,508
(2)(B) Make investigations to determine whether disability 19,510
assistance is being administered in compliance with the Revised 19,511
Code and rules adopted by the state department. 19,512
(3) Administer disability assistance in a county where the 19,514
county department of human services fails to perform the 19,515
administrative functions required of it under section 5115.02 of 19,516
the Revised Code. 19,517
(B) If the state department administers disability 19,519
assistance in a county pursuant to division (A)(3) of this 19,520
section, it may expend any local funds available for 19,521
administration of disability assistance, and for a period not to 19,522
exceed three months, if necessary, may pay the entire 19,523
administrative cost of disability assistance in the county from 19,524
state appropriations for disability assistance. The county shall 19,525
promptly reimburse the department for any funds spent by the 19,526
state during any period the department administers disability 19,527
assistance in the county. 19,528
(C) The state department shall adopt rules in accordance 19,530
with section 111.15 of the Revised Code governing the custody, 19,531
use, and preservation of disability assistance records, papers, 19,532
files, and communications of the state department, county 19,533
455
departments, and all other state and county offices and officials 19,534
participating in administration of disability assistance. Each 19,535
government entity that acquires or maintains records that include 19,536
names of or other information about disability assistance 19,537
applicants or recipients shall adopt such rules as are necessary 19,538
to prevent disclosure of the names or information except as 19,539
required for administration of disability assistance or as 19,540
required by other sections of the Revised Code. 19,541
Except for purposes directly connected with administration 19,543
of disability assistance or as required by any other section of 19,544
the Revised Code, no person shall solicit, disclose, receive, 19,545
make use of, or knowingly permit, participate in, or acquiesce in 19,546
the use of names or other information about disability assistance 19,547
applicants or recipients that is derived from the records, 19,548
papers, files, or communications of any government entity or 19,549
acquired in the course of performing official duties. Any use of 19,550
names or other information about disability assistance applicants 19,551
or recipients that is permitted by this division shall be in 19,552
accordance with the rules adopted by the state department. 19,553
Sec. 5115.05. The state department of human services shall 19,562
adopt rules establishing application and verification procedures, 19,563
reapplication procedures, and income, resource, citizenship, age, 19,564
residence, living arrangement, assistance group composition, and 19,565
other eligibility requirements for disability assistance. The 19,566
rules may provide for disregarding amounts of earned and unearned 19,567
income for the purpose of determining whether an assistance group 19,568
is eligible for assistance and the amount of assistance provided 19,569
under this chapter. The rules also may provide that the income 19,570
and resources, or a certain amount of the income and resources, 19,571
of a member of an assistance group's family group will be 19,573
included in determining whether the assistance group is eligible 19,574
for aid and the amount of aid provided under this chapter. 19,575
Unless the director of human services has provided for the 19,578
paying of assistance under this chapter by electronic benefit
456
transfer pursuant to section 5101.33 of the Revised Code, 19,579
accompanying the application in any county with a system of 19,580
direct deposit for payments of such assistance under this chapter 19,581
shall be the authorization form required by section 329.03 of the 19,582
Revised Code. If the assistance is to be paid by the auditor of 19,583
state through the medium of direct deposit, the application shall 19,584
be accompanied by an authorization form on which the recipient 19,585
states either of the following: 19,586
(A) His THE RECIPIENT'S designation of a financial 19,588
institution that is equipped for electronic fund transfers and 19,590
authorized by law to accept direct deposits by electronic 19,591
transfer and the account to which he THE RECIPIENT wishes his THE 19,592
RECIPIENT'S payments to be made by direct deposit; 19,593
(B) His THE RECIPIENT'S election to receive such payments 19,595
in the form of a paper warrant. 19,596
The state department may require recipients of disability 19,598
assistance to participate in a reapplication process two months 19,599
after initial approval for assistance has been determined and at 19,600
such other times as the state department requires. 19,601
If a recipient of disability assistance, or the spouse of 19,603
or member of the assistance group of a recipient, becomes 19,604
possessed of resources or income in excess of the amount allowed 19,605
under rules adopted by the state department under this section, 19,606
or if other changes occur that affect the person's eligibility or 19,607
need for assistance, the recipient shall notify the state 19,608
department or county department of human services within the time 19,609
limits specified in the rules. Failure of a recipient to report 19,610
possession of excess resources or income or a change affecting 19,611
eligibility or need within those time limits shall be considered 19,612
prima-facie evidence of intent to defraud under section 5115.15 19,613
of the Revised Code. 19,614
Each applicant for or recipient of disability assistance 19,616
shall make reasonable efforts to secure support from persons 19,617
responsible for his THE APPLICANT'S OR RECIPIENT'S support, and 19,618
457
from other sources, as a means of preventing or reducing the 19,620
provision of disability assistance at public expense. REASONABLE 19,621
EFFORTS INCLUDE COOPERATING, UNLESS GOOD CAUSE FOR FAILURE OR 19,622
REFUSAL EXISTS, IN ESTABLISHING THE PATERNITY OF A CHILD WHO IS A 19,623
MEMBER OF AN ASSISTANCE GROUP APPLYING FOR OR RECEIVING
DISABILITY ASSISTANCE AND ESTABLISHING, MODIFYING, AND ENFORCING 19,624
A SUPPORT ORDER FOR THE CHILD. THE STATE DEPARTMENT SHALL ADOPT 19,625
RULES SPECIFYING WHAT CONSTITUTES REASONABLE EFFORTS AND GOOD 19,626
CAUSE FOR FAILURE OR REFUSAL. The state department or county 19,627
department may provide assistance to the applicant or recipient 19,628
in securing other forms of financial or medical assistance. 19,629
Notwithstanding section 3109.01 of the Revised Code, when a 19,631
disability assistance applicant or recipient who is at least 19,632
eighteen but under twenty-two years of age resides with his THE 19,633
APPLICANT'S OR RECIPIENT'S parents, the income of the parents 19,634
shall be taken into account in determining his THE APPLICANT'S OR 19,635
RECIPIENT'S financial eligibility. The state department shall 19,637
adopt rules for determining the amount of income to be attributed 19,638
to the assistance group of applicants in this age category. 19,639
(C) Any person who applies for assistance under this 19,641
section shall receive a voter registration application under 19,642
section 3503.10 of the Revised Code. 19,643
Sec. 5119.22. (A)(1) As used in this section: 19,652
(a) "Mental health agency" means a community mental health 19,654
agency as defined in division (H) of section 5122.01 of the 19,655
Revised Code, or a community mental health facility certified by 19,656
the department of mental health pursuant to division (I) of 19,657
section 5119.01 of the Revised Code. 19,658
(b) "Mental health services" means any of the services 19,660
listed in section 340.09 of the Revised Code. 19,661
(c) "Personal care services" means services including, but 19,663
not limited to, the following: 19,664
(i) Assisting residents with activities of daily living; 19,666
(ii) Assisting residents with self-administration of 19,668
458
medication in accordance with rules adopted under this section; 19,669
(iii) Preparing special diets, other than complex 19,671
therapeutic diets, for residents pursuant to the instructions of 19,672
a physician or a licensed dietitian, in accordance with rules 19,673
adopted under this section. 19,674
"Personal care services" does not include "skilled nursing 19,676
care" as defined in section 3721.01 of the Revised Code. A 19,677
facility need not provide more than one of the services listed in 19,678
division (A)(1)(c) of this section to be considered to be 19,679
providing personal care services. 19,680
(d) "Residential facility" means a publicly or privately 19,682
operated home or facility that provides one of the following: 19,683
(i) Room and board, personal care services, and mental 19,685
health services to one or more persons with mental illness or 19,686
persons with severe mental disabilities who are referred by or 19,687
are receiving mental health services from a mental health agency, 19,688
hospital, or practitioner; 19,689
(ii) Room and board and personal care services to one or 19,691
two persons with mental illness or persons with severe mental 19,692
disabilities who are referred by or are receiving mental health 19,693
services from a mental health agency, hospital, or practitioner; 19,694
(iii) Room and board to five or more persons with mental 19,696
illness or persons with severe mental disabilities who are 19,697
referred by or are receiving mental health services from a mental 19,698
health agency, hospital, or practitioner. 19,699
The following are not residential facilities: the 19,701
residence of a relative or guardian of a mentally ill individual, 19,702
a hospital subject to licensure under section 5119.20 of the 19,703
Revised Code, a residential facility as defined in section 19,704
5123.19 of the Revised Code, a facility providing care for a 19,705
child in the custody of a county department of human services, 19,706
county PUBLIC children services board, AGENCY or a private agency 19,708
certified under section 5103.03 of the Revised Code, a foster
care facility subject to section 5103.03 of the Revised Code, an 19,710
459
adult care facility subject to licensure under Chapter 3722. of 19,711
the Revised Code, and a nursing home, residential care facility, 19,713
or home for the aging subject to licensure under section 3721.02 19,714
of the Revised Code.
(2) Nothing in division (A)(1)(d) of this section shall be 19,716
construed to permit personal care services to be imposed on a 19,717
resident who is capable of performing the activity in question 19,718
without assistance. 19,719
(3) Except in the case of a residential facility described 19,721
in division (A)(1)(d)(i) of this section, members of the staff of 19,722
a residential facility shall not administer medication to 19,723
residents, all medication taken by residents of a residential 19,724
facility shall be self-administered, and no person shall be 19,725
admitted to or retained by a residential facility unless the 19,726
person is capable of taking his THE PERSON'S own medication and 19,727
biologicals, as determined in writing by the person's personal 19,728
physician. Members of the staff of a residential facility may do 19,729
any of the following: 19,730
(a) Remind a resident when to take medication and watch to 19,732
ensure that the resident follows the directions on the container; 19,733
(b) Assist a resident in the self-administration of 19,735
medication by taking the medication from the locked area where it 19,736
is stored, in accordance with rules adopted pursuant to this 19,737
section, and handing it to the resident. If the resident is 19,738
physically unable to open the container, a staff member may open 19,739
the container for the resident. 19,740
(c) Assist a physically impaired but mentally alert 19,742
resident, such as a resident with arthritis, cerebral palsy, or 19,743
Parkinson's disease, in removing oral or topical medication from 19,744
containers and in consuming or applying the medication, upon 19,745
request by or with the consent of the resident. If a resident is 19,746
physically unable to place a dose of medicine to his THE 19,747
RESIDENT'S mouth without spilling it, a staff member may place 19,748
the dose in a container and place the container to the mouth of 19,750
460
the resident.
(B) Every person operating or desiring to operate a 19,752
residential facility shall apply for licensure of the facility to 19,753
the department of mental health and shall send a copy of the 19,754
application to the board of alcohol, drug addiction, and mental 19,755
health services whose service district includes the county in 19,756
which the person operates or desires to operate a residential 19,757
facility. The board shall review such applications and recommend 19,758
approval or disapproval to the department. Each recommendation 19,759
shall be consistent with the board's community mental health 19,760
plan. 19,761
(C) The department of mental health shall inspect and 19,763
license the operation of residential facilities. The department 19,764
shall consider the past record of the facility and the applicant 19,765
or licensee in arriving at its licensure decision. The 19,766
department may issue full, probationary, and interim licenses. A 19,767
full license shall expire one year after the date of issuance, a 19,768
probationary license shall expire in a shorter period of time as 19,769
prescribed by rule adopted by the director of mental health 19,770
pursuant to Chapter 119. of the Revised Code, and an interim 19,771
license shall expire ninety days after the date of issuance. The 19,772
department may refuse to issue or renew and may revoke a license 19,773
if it finds the facility is not in compliance with rules adopted 19,774
by the department pursuant to division (G) of this section or if 19,775
any facility operated by the applicant or licensee has had 19,776
repeated violations of statutes or rules during the period of 19,777
previous licenses. Proceedings initiated to deny applications 19,778
for full or probationary licenses or to revoke such licenses are 19,779
governed by Chapter 119. of the Revised Code. 19,780
(D) The department may issue an interim license to operate 19,782
a residential facility if both of the following conditions are 19,783
met: 19,784
(1) The department determines that the closing of or the 19,786
need to remove residents from another residential facility has 19,787
461
created an emergency situation requiring immediate removal of 19,788
residents and an insufficient number of licensed beds are 19,789
available. 19,790
(2) The residential facility applying for an interim 19,792
license meets standards established for interim licenses in rules 19,793
adopted by the director under Chapter 119. of the Revised Code. 19,794
An interim license shall be valid for ninety days and may 19,796
be renewed by the director no more than twice. Proceedings 19,797
initiated to deny applications for or to revoke interim licenses 19,798
under this division are not subject to Chapter 119. of the 19,799
Revised Code. 19,800
(E) The department of mental health may conduct an 19,802
inspection of a residential facility: 19,803
(1) Prior to the issuance of a license to a prospective 19,805
operator; 19,806
(2) Prior to the renewal of any operator's license; 19,808
(3) To determine whether a facility has completed a plan 19,810
of correction required pursuant to this division and corrected 19,811
deficiencies to the satisfaction of the department and in 19,812
compliance with this section and rules adopted pursuant to it; 19,813
(4) Upon complaint by any individual or agency; 19,815
(5) At any time the director considers an inspection to be 19,817
necessary in order to determine whether a residential facility is 19,818
in compliance with this section and rules adopted pursuant to 19,819
this section. 19,820
In conducting inspections the department may conduct an 19,822
on-site examination and evaluation of the residential facility, 19,823
its personnel, activities, and services. The department shall 19,824
have access to examine all records, accounts, and any other 19,825
documents relating to the operation of the residential facility, 19,826
and shall have access to the facility in order to conduct 19,827
interviews with the operator, staff, and residents. Following 19,828
each inspection and review, the department shall complete a 19,829
report listing any deficiencies, and including, when appropriate, 19,830
462
a time table within which the operator shall correct the 19,831
deficiencies. The department may require the operator to submit 19,832
a plan of correction describing how the deficiencies will be 19,833
corrected. 19,834
(F) No person shall do any of the following: 19,836
(1) Operate a residential facility unless the facility 19,838
holds a valid license; 19,839
(2) Violate any of the conditions of licensure after 19,841
having been granted a license; 19,842
(3) Interfere with a state or local official's inspection 19,844
or investigation of a residential facility; 19,845
(4) Violate any of the provisions of this section or any 19,847
rules adopted pursuant to this section. 19,848
(G) The director shall adopt and may amend and rescind 19,850
rules pursuant to Chapter 119. of the Revised Code, prescribing 19,851
minimum standards for the health, safety, adequacy, and cultural 19,852
specificity and sensitivity of treatment of and services for 19,853
persons in residential facilities; establishing procedures for 19,854
the issuance, renewal or revocation of the licenses of such 19,855
facilities; establishing the maximum number of residents of a 19,856
facility; establishing the rights of residents and procedures to 19,857
protect such rights; and requiring an affiliation agreement 19,858
approved by the board between a residential facility and a mental 19,859
health agency. Such affiliation agreement must be consistent 19,860
with the residential portion of the community mental health plan 19,861
submitted pursuant to section 340.03 of the Revised Code. 19,862
(H) The department may investigate any facility that has 19,864
been reported to the department or that the department has 19,865
reasonable cause to believe is operating as a residential 19,866
facility without a valid license. 19,867
(I) The department may withhold the source of any 19,869
complaint reported as a violation of this act when the department 19,870
determines that disclosure could be detrimental to the 19,871
department's purposes or could jeopardize the investigation. The 19,872
463
department may disclose the source of any complaint if the 19,873
complainant agrees in writing to such disclosure and shall 19,874
disclose the source upon order by a court of competent 19,875
jurisdiction. 19,876
(J) The director of mental health may petition the court 19,878
of common pleas of the county in which a residential facility is 19,879
located for an order enjoining any person from operating a 19,880
residential facility without a license or from operating a 19,881
licensed facility when, in the director's judgment, there is a 19,882
real and present danger to the health or safety of any of the 19,883
occupants of the facility. The court shall have jurisdiction to 19,884
grant such injunctive relief upon a showing that the respondent 19,885
named in the petition is operating a facility without a license 19,886
or there is a real and present danger to the health or safety of 19,887
any residents of the facility. 19,888
(K) Whoever violates division (F) of this section or any 19,890
rule adopted under this section is liable for a civil penalty of 19,891
one hundred dollars for the first offense; for each subsequent 19,892
offense, such violator is liable for a civil penalty of five 19,893
hundred dollars. If the violator does not pay, the attorney 19,894
general, upon the request of the director of mental health, shall 19,895
bring a civil action to collect the penalty. Fines collected 19,896
pursuant to this section shall be deposited into the state 19,897
treasury to the credit of the mental health sale of goods and 19,898
services fund. 19,899
Sec. 5119.65. (A) No person, organization, or public or 19,908
private agency shall operate a shelter for runaway minors, except 19,909
the PUBLIC children services board or county department of human 19,910
services which has assumed the administration of child welfare 19,911
AGENCY, unless such person, organization, or agency complies with 19,912
sections 5119.64 to 5119.68 of the Revised Code and rules adopted 19,913
under such sections by the board of alcohol, drug addiction, and 19,914
mental health services serving the alcohol, drug addiction, and 19,915
mental health service district in which the shelter is located. 19,916
464
(B) Whoever violates division (A) of this section shall be 19,918
fined not less than five or more than five hundred dollars. 19,919
Sec. 5119.68. Each shelter for runaways shall submit to 19,928
the board of alcohol, drug addiction, and mental health services 19,929
serving the alcohol, drug addiction, and mental health service 19,931
district in which it is located such information as the board 19,932
requires concerning the operation of the shelter and compilations
of data concerning runaway minors and other individuals served by 19,933
the shelter.
The board shall, at least annually, send a list of shelters 19,935
in operation in the county to the juvenile court and to the 19,936
PUBLIC children services board or county department of human 19,938
services which has assumed the administration of child welfare in 19,939
the county AGENCY.
Sec. 5122.39. (A) Mentally ill minors shall remain under 19,948
the natural guardianship of their parents, notwithstanding 19,949
hospitalization pursuant to this chapter, unless parental rights 19,950
have been terminated pursuant to a court finding that the minor 19,951
is neglected or dependent. Where a mentally ill minor is found 19,952
to be dependent or neglected, the county PUBLIC children's 19,953
services board or the county department of human services which 19,954
has assumed the administration of child welfare AGENCY in the 19,955
county of residence has final guardianship authority and 19,956
responsibility.
(B) In no case shall the guardianship of a mentally ill 19,958
person be assigned to the chief medical officer or any staff 19,959
member of a hospital, board, or agency from which the person is 19,960
receiving mental health services.
Sec. 5123.93. Mentally retarded minors shall remain under 19,969
the guardianship of their parents or of a guardian appointed 19,970
pursuant to Chapter 2111. of the Revised Code, notwithstanding 19,971
institutionalization pursuant to any section of this chapter, 19,972
unless parental rights have been terminated pursuant to a court 19,973
finding that the child is neglected, abused, or dependent 19,974
465
pursuant to Chapter 2151. of the Revised Code. If a mentally 19,975
retarded minor has been found to be dependent, abused, or 19,976
neglected, the county children's PUBLIC CHILDREN services board 19,978
AGENCY to whom permanent custody has been assigned pursuant to 19,979
Chapter 2151. of the Revised Code shall have the same authority
and responsibility it would have if the child were not mentally 19,981
retarded and were not institutionalized. In no case shall the 19,982
guardianship of a mentally retarded person be assigned to the 19,983
managing officer or any other employee of an institution in which 19,984
the person is institutionalized. 19,985
Sec. 5139.18. (A) The department of youth services is 19,994
responsible for locating homes or jobs for children released from 19,995
its institutions, for supervision of children released from its 19,996
institutions, and for providing or arranging for the provision to 19,997
those children of appropriate services that are required to 19,998
facilitate their satisfactory community adjustment. 19,999
(B) The department of youth services shall exercise 20,001
general supervision over all children who have been released on 20,002
placement from any of the its institutions. The director of 20,003
youth services, with the consent and approval of the board of 20,004
county commissioners of any county, may contract with the 20,005
department of human services of that county, if the department 20,006
has assumed the administration of child welfare, the PUBLIC 20,007
children services board AGENCY of that county, the department of 20,008
probation of that county established pursuant to section 2301.27 20,009
of the Revised Code, or the probation department or service 20,010
established pursuant to sections 2151.01 to 2151.54 of the 20,011
Revised Code for the provision of direct supervision and control 20,012
over and the provision of supportive assistance to all children 20,013
who have been released on placement into that county from any of 20,014
its institutions, or, with the consent of the juvenile judge or 20,015
the administrative judge of the juvenile court of any county, 20,016
contract with any other public agency, institution, or 20,017
organization that is qualified to provide the care and 20,018
466
supervision that is required under the terms and conditions of 20,019
the child's treatment plan for the provision of direct 20,020
supervision and control over and the provision of supportive 20,021
assistance to all children who have been released on placement 20,022
into that county from any of its institutions. 20,023
(D)(C) Whenever any placement official has reasonable 20,025
cause to believe that any child has violated the terms and 20,026
conditions of his THE CHILD'S placement, the official may 20,027
request, in writing, from the committing court or transferee 20,029
court a custodial order, and, upon reasonable and probable cause, 20,030
the court may order any sheriff, deputy sheriff, constable, or 20,031
police officer to apprehend the child. A child so apprehended 20,032
may be confined in the detention home of the county in which he 20,033
THE CHILD is apprehended until further order of the court. 20,035
Sec. 5153.01. As (A) AS USED IN THE REVISED CODE, "PUBLIC 20,045
CHILDREN SERVICES AGENCY" MEANS THE FOLLOWING THAT HAS ASSUMED 20,046
THE POWERS AND DUTIES OF THE CHILDREN SERVICES FUNCTION 20,047
PRESCRIBED BY THIS CHAPTER FOR A COUNTY: 20,048
(1) PURSUANT TO SECTION 5153.03, 5153.04, OR 5153.07 OF 20,050
THE REVISED CODE, A COUNTY CHILDREN SERVICES BOARD; 20,051
(2) PURSUANT TO SECTION 5153.02, 5153.06, OR 5153.07 OF 20,053
THE REVISED CODE, A COUNTY DEPARTMENT OF HUMAN SERVICES; 20,055
(3) PURSUANT TO DIVISION (D)(3) OF SECTION 307.98 OF THE 20,058
REVISED CODE, A CORPORATION, ASSOCIATION, OR ANOTHER GOVERNMENT 20,059
ENTITY.
(B) AS used in sections 5153.01 to 5153.42 of the Revised 20,062
Code THIS CHAPTER:
(A)(1) "BABYSITTING CARE" MEANS CARE PROVIDED FOR A CHILD 20,064
WHILE THE PARENTS, GUARDIAN, OR LEGAL CUSTODIAN OF THE CHILD ARE 20,065
TEMPORARILY AWAY. 20,066
(2) "CERTIFIED FAMILY FOSTER HOME" MEANS A FAMILY FOSTER 20,068
HOME OPERATED BY A PERSON HOLDING A CERTIFICATE ISSUED PURSUANT 20,069
TO SECTION 5103.03 OF THE REVISED CODE THAT IS IN FULL FORCE AND 20,071
EFFECT.
467
(3) "CERTIFIED ORGANIZATION" MEANS ANY ORGANIZATION 20,073
HOLDING A CERTIFICATE ISSUED PURSUANT TO SECTION 5103.03 OF THE 20,075
REVISED CODE THAT IS IN FULL FORCE AND EFFECT.
(4) "Child" means any person under eighteen years of age 20,077
or a mentally or physically handicapped person, as defined by 20,078
rule of the department of human services, under twenty-one years 20,079
of age. 20,080
(B) "County department of human services" means a county 20,082
department of human services which has assumed the administration 20,083
of child welfare. 20,084
(C)(5) "Executive director" means the person charged with 20,086
the responsibility of administering the powers and duties of such 20,087
sections, whether he is A PUBLIC CHILDREN SERVICES AGENCY 20,088
appointed by the county children services board or by the county 20,090
director of human services, or whether the county director of 20,091
human services himself serves as such executive director PURSUANT 20,092
TO SECTION 5153.10 OF THE REVISED CODE.
(D) "Organization" means any institution, including 20,094
maternity homes and day nurseries, public, semipublic, or 20,095
private, and any private association, society, or agency, located 20,096
or operating in this state, incorporated or unincorporated, 20,097
having among its functions the furnishing of protective services 20,098
or care for children, or the placement of children in foster 20,099
homes or elsewhere. 20,100
(E) "Certified organization" means any organization 20,102
mentioned in division (D) of this section, holding a certificate 20,103
that is in full force and effect, issued pursuant to section 20,104
5103.03 of the Revised Code. 20,105
(F) "Foster home" means a family home in which any child 20,107
is received, apart from its parents, for care, supervision, or 20,108
training. 20,109
(G) "Certified family foster home" means a family foster 20,111
home operated by a person holding a certificate that is in full 20,112
force and effect, issued pursuant to section 5103.03 of the 20,113
468
Revised Code. 20,114
(H)(6) "Family foster home" means a private residence in 20,116
which children are received apart from their parents, guardian, 20,117
or legal custodian by an individual for hire, gain, or reward for 20,118
nonsecure care, supervision, or training twenty-four hours a day. 20,119
"Family foster home" does not include babysitting care provided 20,120
for a child in the home of a person other than the home of the 20,121
parents, guardian, or legal custodian of the child. 20,122
(I) "Babysitting care" means care provided for a child 20,124
while the parents, guardian, or legal custodian of the child are 20,125
temporarily away. 20,126
(J) "Public children services agency" has the same meaning 20,128
as in section 2151.011 of the Revised Code. 20,129
(7) "FOSTER HOME" MEANS A FAMILY HOME IN WHICH ANY CHILD 20,131
IS RECEIVED, APART FROM THE CHILD'S PARENTS, FOR CARE, 20,132
SUPERVISION, OR TRAINING. 20,133
(8) "ORGANIZATION" MEANS ANY PUBLIC, SEMIPUBLIC, OR 20,135
PRIVATE INSTITUTION, INCLUDING MATERNITY HOMES AND DAY NURSERIES, 20,136
AND ANY PRIVATE ASSOCIATION, SOCIETY, OR AGENCY, LOCATED OR 20,137
OPERATING IN THIS STATE, INCORPORATED OR UNINCORPORATED, HAVING 20,138
AMONG ITS FUNCTIONS THE FURNISHING OF PROTECTIVE SERVICES OR CARE 20,140
FOR CHILDREN OR THE PLACEMENT OF CHILDREN IN FOSTER HOMES OR 20,141
ELSEWHERE.
Sec. 5153.02. In EXCEPT AS PROVIDED IN SECTION 307.851, 20,150
DIVISION (D) OF SECTION 307.98, AND DIVISION (B) OF SECTION 20,151
5153.07 OF THE REVISED CODE, A COUNTY DEPARTMENT OF HUMAN 20,152
SERVICES ESTABLISHED PRIOR TO JANUARY 1, 1946, SHALL HAVE ALL THE 20,153
POWERS AND DUTIES OF A PUBLIC CHILDREN SERVICES AGENCY IN any 20,154
county in which a county department of human services has been 20,157
established, and in which there is no county children services
board or board of trustees of a county children's home on January 20,159
1, 1946, such department shall, on such date, have all the powers 20,160
and duties of a county children services board, and neither such 20,161
board shall be created after such THAT date, except. EXCEPT as 20,163
469
provided in division (B) of section 5153.07 of the Revised Code, 20,165
A COUNTY THAT DID NOT HAVE A COUNTY CHILDREN SERVICES BOARD OR A 20,166
BOARD OF TRUSTEES OF A COUNTY CHILDREN'S HOME ON JANUARY 1, 1946,
SHALL NOT HAVE SUCH A BOARD. 20,167
Sec. 5153.03. In any county in which a county children 20,176
services board existed on January 1, 1946, and such board has not 20,177
transferred its powers and duties to a county department of human 20,179
services, the members of such board shall continue in office and, 20,181
EXCEPT AS PROVIDED IN SECTION 307.851 AND DIVISION (D) OF SECTION 20,182
307.98 OF THE REVISED CODE, shall have all of the powers and 20,183
duties given to county PUBLIC children services boards AGENCIES 20,185
under sections 5153.01 to 5153.42 of the Revised Code THIS 20,186
CHAPTER.
Sec. 5153.04. In any county in which a county children's 20,195
home exists on January 1, 1946, and the board of trustees of such 20,196
home has not transferred its powers and duties to a county 20,198
department of human services, such board shall, EXCEPT AS 20,199
PROVIDED IN SECTION 307.851 AND DIVISION (D) OF SECTION 307.98 OF 20,201
THE REVISED CODE, be known as the "COUNTY children services 20,202
board," and shall have all the powers and duties vested by 20,204
sections 5153.01 to 5153.42 of the Revised Code THIS CHAPTER in 20,205
such boards PUBLIC CHILDREN SERVICES AGENCIES. The custody of 20,206
all wards of such board shall be deemed transferred to the PUBLIC 20,208
children services board AGENCY.
Sec. 5153.05. Vacancies in the membership of a children 20,218
services board OF TRUSTEES OF THE COUNTY CHILDREN'S HOME or of a 20,219
county children services board created prior to January 1, 1946, 20,220
whether by expiration of the term or otherwise, shall be filled 20,221
by the board of county commissioners. The term of each such 20,222
member shall expire on the first day of January of the year in 20,223
which the term would otherwise terminate. As the terms of such 20,224
members expire, new appointments shall be made in accordance with 20,225
section 5153.08 of the Revised Code. 20,226
Sec. 5153.07. (A) In any county in which there is no 20,235
470
county department of human services, no county children's home, 20,236
and no county children services board on January 1, 1946, the 20,237
board of county commissioners shall, upon such date, create a 20,238
PROVIDE FOR EITHER OF THE FOLLOWING TO HAVE, EXCEPT AS PROVIDED 20,239
IN DIVISION (B) OF THIS SECTION, SECTION 307.851, AND DIVISION 20,240
(D) OF SECTION 307.98 OF THE REVISED CODE, THE POWERS AND DUTIES 20,241
OF A PUBLIC CHILDREN SERVICES AGENCY: 20,242
(1) THE county department of human services which shall 20,244
have the powers and duties of a board, or shall create a; 20,246
(2) A county children services board of five to fifteen 20,249
members, in the manner APPOINTED AS provided in section 5153.08 20,251
of the Revised Code.
(B) In any county where the board of county commissioners 20,253
have established a county department of human services, and such 20,254
department is performing HAS ASSUMED the POWERS AND duties of a 20,256
county PUBLIC children services board AGENCY by agreement, or 20,257
otherwise, such board of county commissioners, may, by a 20,259
resolution, revoke such agreement, powers, and duties and 20,260
establish a county children services board of five members to 20,261
fifteen, in the manner MEMBERS APPOINTED AS provided in section 20,262
5153.08 of the Revised Code. Such EXCEPT AS PROVIDED IN SECTION 20,263
307.851 AND DIVISION (D) OF SECTION 307.98 OF THE REVISED CODE, 20,264
THE board shall have all of the powers and duties given to county 20,266
PUBLIC children services boards AGENCIES under sections 5153.01 20,268
to 5153.42 of the Revised Code THIS CHAPTER. Section 329.05 of 20,270
the Revised Code does not apply to this division.
Sec. 5153.08. If a county children services board is 20,279
created pursuant to section 5153.07 of the Revised Code, the THE 20,281
board of county commissioners shall appoint five members of the 20,282
COUNTY CHILDREN SERVICES board and for good cause may remove any 20,284
member so appointed. Each of these members shall be appointed
for the term of four years, but the board shall stagger their 20,286
terms so that the terms of not more than two of the required 20,287
members of the board expire in one year. The elected chairman 20,289
471
CHAIRPERSON of any citizens advisory committee established under 20,290
section 5153.091 of the Revised Code shall be an ex officio 20,291
voting member of the county children services board created 20,292
pursuant to section 5153.07 of the Revised Code. In addition to 20,293
the five members it is required to appoint, a board of county 20,294
commissioners of a county having less than one hundred thousand 20,295
population according to the last federal census may appoint up to 20,296
five or a board of county commissioners of a county having a 20,297
population of one hundred thousand or more according to such 20,298
census may appoint up to nine additional members of the county 20,299
children services board. If these additional members are
appointed, they shall be appointed for initial terms of one, two, 20,300
three or four years as will maintain balance in the expiration 20,301
dates of the members of the board. After the expiration of these 20,302
original terms, these additional members shall be appointed for 20,303
four-year terms. Any vacancy shall be filled in the same manner 20,304
as the original appointment. 20,305
Sec. 5153.091. (A) Each county children services board, 20,314
or in a county where the county department of human services has 20,315
assumed the administration of child welfare, the county welfare 20,316
advisory board, may appoint a seven to twenty-one member citizens 20,317
AN advisory committee on children services to. IN A COUNTY IN 20,319
WHICH THE COUNTY DEPARTMENT OF HUMAN SERVICES OR, PURSUANT TO 20,320
DIVISION (D)(3) OF SECTION 307.98 OF THE REVISED CODE, A 20,321
CORPORATION, ASSOCIATION, OR ANOTHER GOVERNMENT ENTITY IS THE 20,322
PUBLIC CHILDREN SERVICES AGENCY, THE COUNTY WELFARE ADVISORY 20,323
BOARD APPOINTED UNDER SECTION 329.06 OF THE REVISED CODE MAY
APPOINT AN ADVISORY COMMITTEE ON CHILDREN SERVICES. IF 20,324
APPOINTED, AN ADVISORY COMMITTEE SHALL CONSIST OF SEVEN TO 20,325
TWENTY-ONE MEMBER CITIZENS AND do all of the following: 20,326
(1) Further cooperation between the county PUBLIC children 20,328
services board or county department of human services AGENCY and 20,329
other child-caring agencies in the county; 20,331
(2) Carry out studies of the effectiveness and need for 20,333
472
particular services to children in the county; 20,334
(3) Advise the county PUBLIC children services board or 20,336
county department of human services AGENCY on policies pertaining 20,338
to the provision of services to children; 20,339
(4) Disseminate, to residents of the county, information 20,341
concerning services to children in the county. At least 20,342
one-fourth of the members of the advisory committee shall be 20,343
parents of children who are or have been clients of the PUBLIC 20,344
children services board or county department of human services 20,346
AGENCY, or shall themselves have been clients of the board or the 20,348
county department AGENCY. One-half, or as close to one-half as 20,349
is possible, of the initial appointments shall be for one year 20,350
terms and the balance of the appointments shall be for two year 20,351
terms. Subsequent appointments shall be for two year terms. 20,352
(B) The citizens advisory committee on children services 20,354
shall elect one of its members as chairman CHAIRPERSON and such 20,355
other officers as it considers necessary. The IN COUNTIES IN 20,356
WHICH THERE IS A COUNTY CHILDREN SERVICES BOARD, THE elected 20,357
chairman CHAIRPERSON shall serve as an ex officio voting member 20,358
of the county children services board. The committee shall meet 20,359
at least six times each year. The first meeting shall be called 20,360
by the executive director of the county children services board, 20,361
or, in a county with no children services board, by the director 20,362
of the county department of human services no later than one 20,363
hundred twenty days after the initial appointments to the 20,364
advisory committee. The chairman CHAIRPERSON shall convene all 20,365
subsequent meetings, except that a petition signed by one-third 20,366
of the members of the committee shall be sufficient to convene a 20,368
meeting of the committee. The members of the committee shall 20,369
serve without compensation.
Sec. 5153.10. The county children services board or the 20,378
county department of human services, which performs the duties 20,379
and exercises the powers set forth in sections 5153.16 to 5153.19 20,380
of the Revised Code, PUBLIC CHILDREN SERVICES AGENCY shall 20,381
473
designate an executive officer known as the "executive director," 20,383
who shall not be in the classified civil service. The county 20,384
director of human services may serve as such executive director, 20,385
and it shall not be incompatible for such executive director and 20,386
the superintendent of the children's home to be the same person, 20,387
THE COUNTY DIRECTOR OF HUMAN SERVICES, OR OTHER INDIVIDUAL MAY 20,388
SERVE AS THE EXECUTIVE DIRECTOR.
The board or department AGENCY shall, from time to time, 20,390
inquire into community conditions affecting the welfare of 20,391
children and study the work of the board or department AGENCY and 20,392
its relation to the work of other organizations whose functions 20,394
are related to child welfare. The board or department AGENCY 20,395
may, after consultation with the executive director, adopt rules 20,397
of general application, not inconsistent with law or with the 20,398
rules of the department of human services. 20,399
Sec. 5153.11. The executive director shall administer the 20,408
work of the county PUBLIC children services board or county 20,409
department of human services AGENCY, subject to the rules of such 20,411
board or department THE AGENCY. With the approval of the board 20,412
or department AGENCY, the executive director shall appoint all 20,414
other employees except the superintendent of any institution 20,415
maintained by the board or department AGENCY. Such 20,416
superintendent shall appoint all employees in any such 20,418
institution.
Upon the advice of one or more reputable practicing 20,420
physicians, the executive director may consent to such medical, 20,421
dental, and surgical care, including surgery and the 20,422
administration of anesthetics, inoculations, and immunizations, 20,423
or other care as appears to be necessary for any child who is in 20,424
the temporary or permanent custody of such board or department 20,425
AGENCY. The executive director may also consent to the 20,427
enlistment of a ward of such board or department AGENCY into the 20,428
armed forces of the United States. 20,430
Sec. 5153.111. (A)(1) The executive director of a public 20,439
474
children services agency shall request the superintendent of the 20,440
bureau of criminal identification and investigation to conduct a 20,441
criminal records check with respect to any applicant who has 20,442
applied to the agency for employment as a person responsible for 20,443
the care, custody, or control of a child. If the applicant does 20,444
not present proof that the applicant has been a resident of this 20,445
state for the five-year period immediately prior to the date upon 20,446
which the criminal records check is requested or does not provide 20,447
evidence that within that five-year period the superintendent has 20,448
requested information about the applicant from the federal bureau 20,449
of investigation in a criminal records check, the executive 20,450
director shall request that the superintendent obtain information 20,451
from the federal bureau of investigation as a part of the 20,452
criminal records check for the applicant. If the applicant 20,453
presents proof that the applicant has been a resident of this 20,454
state for that five-year period, the executive director may 20,455
request that the superintendent include information from the 20,456
federal bureau of investigation in the criminal records check. 20,457
(2) Any person required by division (A)(1) of this section 20,459
to request a criminal records check shall provide to each 20,460
applicant a copy of the form prescribed pursuant to division 20,461
(C)(1) of section 109.572 of the Revised Code, provide to each 20,462
applicant a standard impression sheet to obtain fingerprint 20,463
impressions prescribed pursuant to division (C)(2) of section 20,464
109.572 of the Revised Code, obtain the completed form and 20,465
impression sheet from each applicant, and forward the completed 20,466
form and impression sheet to the superintendent of the bureau of 20,467
criminal identification and investigation at the time the person 20,468
requests a criminal records check pursuant to division (A)(1) of 20,469
this section. 20,470
(3) Any applicant who receives pursuant to division (A)(2) 20,472
of this section a copy of the form prescribed pursuant to 20,473
division (C)(1) of section 109.572 of the Revised Code and a copy 20,474
of an impression sheet prescribed pursuant to division (C)(2) of 20,475
475
that section and who is requested to complete the form and 20,476
provide a set of fingerprint impressions shall complete the form 20,477
or provide all the information necessary to complete the form and 20,478
shall provide the impression sheet with the impressions of the 20,479
applicant's fingerprints. If an applicant, upon request, fails 20,480
to provide the information necessary to complete the form or 20,481
fails to provide impressions of the applicant's fingerprints, 20,482
that agency shall not employ that applicant for any position for 20,483
which a criminal records check is required by division (A)(1) of 20,484
this section.
(B)(1) Except as provided in rules adopted by the 20,486
department of human services in accordance with division (E) of 20,487
this section, no public children services agency shall employ a 20,488
person as a person responsible for the care, custody, or control 20,489
of a child if the person previously has been convicted of or 20,490
pleaded guilty to any of the following: 20,491
(a) A violation of section 2903.01, 2903.02, 2903.03, 20,493
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 20,494
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 20,496
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 20,497
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 20,498
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 20,499
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 20,500
2925.06, or 3716.11 of the Revised Code, a violation of section 20,501
2905.04 of the Revised Code as it existed prior to July 1, 1996,
a violation of section 2919.23 of the Revised Code that would 20,502
have been a violation of section 2905.04 of the Revised Code as 20,503
it existed prior to July 1, 1996, had the violation occurred 20,504
prior to that date,, a violation of section 2925.11 of the 20,506
Revised Code that is not a minor drug possession offense, or 20,507
felonious sexual penetration in violation of former section 20,508
2907.12 of the Revised Code;
(b) A violation of an existing or former law of this 20,510
state, any other state, or the United States that is 20,511
476
substantially equivalent to any of the offenses or violations 20,512
described in division (B)(1)(a) of this section. 20,513
(2) A public children services agency may employ an 20,515
applicant conditionally until the criminal records check required 20,516
by this section is completed and the agency receives the results 20,517
of the criminal records check. If the results of the criminal 20,518
records check indicate that, pursuant to division (B)(1) of this 20,519
section, the applicant does not qualify for employment, the 20,520
agency shall release the applicant from employment. 20,521
(C)(1) Each public children services agency shall pay to 20,523
the bureau of criminal identification and investigation the fee 20,524
prescribed pursuant to division (C)(3) of section 109.572 of the 20,525
Revised Code for each criminal records check conducted in 20,526
accordance with that section upon the request pursuant to 20,527
division (A)(1) of this section of the executive director of the 20,528
agency. 20,529
(2) A public children services agency may charge an 20,531
applicant a fee for the costs it incurs in obtaining a criminal 20,532
records check under this section. A fee charged under this 20,533
division shall not exceed the amount of fees the agency pays 20,534
under division (C)(1) of this section. If a fee is charged under 20,535
this division, the agency shall notify the applicant at the time 20,536
of the applicant's initial application for employment of the 20,537
amount of the fee and that, unless the fee is paid, the agency 20,538
will not consider the applicant for employment. 20,539
(D) The report of any criminal records check conducted by 20,541
the bureau of criminal identification and investigation in 20,542
accordance with section 109.572 of the Revised Code and pursuant 20,543
to a request under division (A)(1) of this section is not a 20,544
public record for the purposes of section 149.43 of the Revised 20,545
Code and shall not be made available to any person other than the 20,546
applicant who is the subject of the criminal records check or the 20,547
applicant's representative, the public children services agency 20,548
requesting the criminal records check or its representative, and 20,549
477
any court, hearing officer, or other necessary individual 20,550
involved in a case dealing with the denial of employment to the 20,551
applicant.
(E) The department of human services shall adopt rules 20,553
pursuant to Chapter 119. of the Revised Code to implement this 20,554
section, including rules specifying circumstances under which a 20,555
public children services agency may hire a person who has been 20,556
convicted of an offense listed in division (B)(1) of this section 20,557
but who meets standards in regard to rehabilitation set by the 20,558
department. 20,559
(F) Any person required by division (A)(1) of this section 20,561
to request a criminal records check shall inform each person, at 20,562
the time of the person's initial application for employment, that 20,563
the person is required to provide a set of impressions of the 20,564
person's fingerprints and that a criminal records check is 20,565
required to be conducted and satisfactorily completed in 20,566
accordance with section 109.572 of the Revised Code if the person 20,567
comes under final consideration for appointment or employment as 20,568
a precondition to employment for that position. 20,569
(G) As used in this section: 20,571
(1) "Applicant" means a person who is under final 20,573
consideration for appointment or employment in a position with 20,574
the agency as a person responsible for the care, custody, or 20,575
control of a child. 20,576
(2) "Public children services agency" means the county 20,578
children services board or the county department of human 20,579
services that has assumed the administration of child welfare. 20,580
(3) "Criminal records check" has the same meaning as in 20,582
section 109.572 of the Revised Code. 20,583
(4)(3) "Minor drug possession offense" has the same 20,585
meaning as in section 2925.01 of the Revised Code. 20,587
Sec. 5153.12. All employees of the county PUBLIC children 20,596
services board or county department of human services AGENCY 20,598
shall be in the classified civil service. The board AGENCY may 20,600
478
establish compensation rates and vacation benefits for any of its 20,601
employees. Insofar as practicable, all employees holding 20,602
positions in the classified service, whose duties are transferred 20,603
by this section to the board or department AGENCY, shall be 20,605
continued, with like status, by the appointing authority before 20,607
any other appointments are made. Sections 5153.01 to 5153.42 of 20,608
the Revised Code shall not affect the civil service status of any
employee.
Sec. 5153.13. Before entering upon his OFFICIAL duties the 20,617
executive director shall give a bond to the county in such sum as 20,618
is fixed by the county PUBLIC children services board or county 20,620
department of human services AGENCY, with sufficient surety, 20,621
conditioned upon the faithful performance of his OFFICIAL duties 20,623
and the full and faithful accounting of all funds and properties 20,624
of the board or department AGENCY or county coming into his THE 20,625
EXECUTIVE DIRECTOR'S hands. Before entering upon such duties, he 20,628
THE EXECUTIVE DIRECTOR shall give a bond to the probate court, 20,629
with sufficient surety, conditioned upon the full and faithful 20,630
accounting of all trust funds which he THE EXECUTIVE DIRECTOR 20,631
holds on behalf of wards. The amount of such bond shall be 20,632
determined by the court and may be modified by the court, 20,633
provided that the minimum amount of the bond shall be five 20,635
thousand dollars.
The board or department AGENCY may require any other 20,637
employee thereof, including the superintendent of the children's 20,638
home, having custody or control of funds or property, to give 20,639
bond to the county, in such sum as the board determines, with 20,640
sufficient surety, conditioned upon the faithful performance of 20,641
the duties of such employee and the full and faithful accounting 20,642
of any funds and properties coming into his THE EMPLOYEE'S hands. 20,643
The cost of such bonds shall be paid by the board or department 20,644
AGENCY. 20,645
Sec. 5153.131. A county PUBLIC children services board 20,654
AGENCY may procure a policy or policies of insurance insuring 20,656
479
board members, employees of the board AGENCY, volunteers, or 20,658
foster parents associated with the board, AGENCY, AND, IF THE 20,659
AGENCY HAS A BOARD, BOARD MEMBERS against liability arising from 20,661
the performance of their official duties.
Sec. 5153.14. The executive director shall prepare and 20,670
submit an annual report to the county PUBLIC children services 20,672
board or to the county department of human services AGENCY at the 20,674
end of each calendar year and shall file copies of such report 20,675
with the department of human services, the board of county 20,676
commissioners, and the juvenile court. The executive director 20,677
shall submit the inspection reports required under section 20,679
5153.16 of the Revised Code and such other reports as are 20,680
required by law, by the rules of the department of human
services, or by the board of county commissioners to specified 20,681
governmental bodies and officers and shall provide reports to the 20,683
public, when so authorized.
Sec. 5153.16. (A) As used in this section and section 20,692
5153.164 of the Revised Code, "child care facility" means a 20,693
public twenty-four-hour residential facility for six or more 20,694
children. 20,695
(B) Subject to the rules and standards of the state 20,697
department of human services and on behalf of children in the 20,698
county whom the PUBLIC children services agency considers to be 20,699
in need of public care or protective services, the public 20,701
children services agency shall do all of the following: 20,702
(1) Make an investigation concerning any child alleged to 20,704
be an abused, neglected, or dependent child; 20,705
(2) Enter into agreements with the parent, guardian, or 20,707
other person having legal custody of any child, or with the state 20,709
department of human services, department of mental health,
department of mental retardation and developmental disabilities, 20,710
other department, any certified organization within or outside 20,711
the county, or any agency or institution outside the state, 20,712
having legal custody of any child, with respect to the custody, 20,713
480
care, or placement of any child, or with respect to any matter, 20,715
in the interests of the child, provided the permanent custody of 20,716
a child shall not be transferred by a parent to the public 20,717
children services agency without the consent of the juvenile 20,718
court;
(3) Accept custody of children committed to the public 20,720
children services agency by a court exercising juvenile 20,722
jurisdiction;
(4) Provide such care as the public children services 20,725
agency considers to be in the best interests of any child 20,726
adjudicated to be an abused, neglected, or dependent child the 20,727
agency finds to be in need of public care or service; 20,728
(5) Provide social services to any unmarried girl 20,730
adjudicated to be an abused, neglected, or dependent child who is 20,732
pregnant with or has been delivered of a child; 20,733
(6) Make available to the bureau for children with medical 20,735
handicaps of the department of health at its request any 20,736
information concerning a crippled child found to be in need of 20,737
treatment under sections 3701.021 to 3701.028 of the Revised Code 20,738
who is receiving services from the public children services 20,740
agency;
(7) Provide temporary emergency care for any child 20,742
considered by the public children services agency to be in need 20,744
of such care, without agreement or commitment; 20,745
(8) Find family foster homes, within or outside the 20,747
county, for the care of children, including handicapped children 20,748
from other counties attending special schools in the county; 20,749
(9) Subject to the approval of the board of county 20,751
commissioners and the state department of human services, 20,752
establish and operate a training school or enter into an 20,753
agreement with any municipal corporation or other political 20,754
subdivision of the county respecting the operation, acquisition, 20,755
or maintenance of any children's home, training school, or other 20,756
institution for the care of children maintained by such municipal 20,757
481
corporation or political subdivision; 20,758
(10) Acquire and operate a county children's home, 20,760
establish, maintain, and operate a receiving home for the 20,761
temporary care of children, or procure family foster homes for 20,762
this purpose; 20,763
(11) Enter into an agreement with the trustees of any 20,765
district children's home, respecting the operation of the 20,766
district children's home in cooperation with the other county 20,767
boards in the district; 20,768
(12) Cooperate with, make its services available to, and 20,770
act as the agent of persons, courts, the department of human 20,771
services, the department of health, and other organizations 20,772
within and outside the state, in matters relating to the welfare 20,773
of children, except that the public children services agency 20,774
shall not be required to provide supervision of or other services 20,775
related to the exercise of companionship or visitation rights 20,776
granted pursuant to section 3109.051, 3109.11, or 3109.12 of the 20,777
Revised Code unless a juvenile court, pursuant to Chapter 2151. 20,778
of the Revised Code, or a common pleas court, pursuant to 20,779
division (E)(6) of section 3113.31 of the Revised Code, requires 20,780
the provision of supervision or other services related to the 20,782
exercise of the companionship or visitation rights;
(13) Make investigations at the request of any 20,784
superintendent of schools in the county or the principal of any 20,785
school concerning the application of any child adjudicated to be 20,786
an abused, neglected, or dependent child for release from school, 20,787
where such service is not provided through a school attendance 20,788
department;
(14) Administer funds provided under Title IV-E of the 20,790
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as 20,791
amended, in accordance with rules adopted by the state department 20,792
of human services under section 5101.141 of the Revised Code; 20,793
(15) In addition to administering Title IV-E adoption 20,795
assistance funds, enter into agreements to make adoption 20,796
482
assistance payments under section 5153.163 of the Revised Code; 20,797
(16) On or before the fifteenth day of April of each year, 20,799
conduct, or contract with an independent contractor to conduct, 20,800
an annual evaluation of the services provided by the public 20,801
children services agency to children under its care, including, 20,803
but not limited to, services provided in child care facilities 20,804
during the previous calendar year under the plan required by
division (D)(E) of section 5101.14 of the Revised Code; 20,805
(17) Implement a system of risk assessment, in accordance 20,807
with rules adopted by the state department of human services, to 20,808
assist the public children services agency in determining the 20,809
risk of abuse or neglect to a child; 20,810
(18) ENTER INTO A WRITTEN AGREEMENT WITH THE BOARD OF 20,812
COUNTY COMMISSIONERS UNDER DIVISION (C) OF SECTION 307.98 OF THE 20,813
REVISED CODE AND COMPLY WITH AGREEMENTS THE BOARD ENTERS INTO 20,814
UNDER THAT SECTION THAT AFFECT THE PUBLIC CHILDREN SERVICES 20,815
AGENCY.
(C) The public children services agency shall use the 20,817
system implemented pursuant to division (B)(17) of this section 20,818
in connection with an investigation undertaken pursuant to 20,819
division (F)(1) of section 2151.421 of the Revised Code and may 20,821
use the system at any other time the agency is involved with any
child when the agency determines that risk assessment is 20,822
necessary.
(D) Subject to the rules and standards of the state 20,824
department of human services and on behalf of children in the 20,825
county whom the public children services agency considers to be 20,826
in need of public care or protective services, the public 20,827
children services agency may provide or find, with other child 20,828
serving systems, treatment foster care for the care of children
in a treatment foster home, as defined in section 2151.011 20,829
5103.02 of the Revised Code. 20,831
Sec. 5153.161. Care provided by the county PUBLIC children 20,840
services board or county department of human services AGENCY 20,842
483
under division (B)(4) of section 5153.16 of the Revised Code 20,844
shall be provided by the board or county department AGENCY, by 20,845
its own means or through other available resources, in the 20,846
child's own home, in the home of a relative, or in a certified 20,847
family foster home, any other home approved by the court, 20,848
receiving home, school, hospital, convalescent home, or other 20,849
public or private institution within or outside the county or 20,850
state.
Sec. 5153.162. Pursuant to an agreement entered into under 20,859
division (B)(9) of section 5153.16 of the Revised Code respecting 20,860
the operation, acquisition, or maintenance of a children's home, 20,861
training school, or other institution for the care of children 20,862
maintained by a municipal corporation or other political 20,863
subdivision, the county PUBLIC children services board or county 20,865
department of human services AGENCY may acquire, operate, and 20,866
maintain such an institution. The board or county department 20,868
AGENCY may enter into an agreement with a municipal corporation, 20,870
a board of education, and the board of county commissioners, or 20,871
with any one of them, to provide for the maintenance and 20,872
operation of children's training schools. The agreement may 20,873
provide for the contribution of funds by the municipal 20,874
corporation, board of education, or board of county 20,875
commissioners, in such proportions and amounts as the agreement 20,876
states. The agreement also may provide for the operation and 20,877
supervision of the training school by any one of them, or by the 20,878
joint action of two or more of them, provided that municipal 20,879
corporations, boards of education, and boards of county 20,880
commissioners may expend moneys from their general funds for 20,881
maintaining and operating the joint children's training school. 20,882
Sec. 5153.163. (A) As used in this section: 20,891
(1) "Adoptive, "ADOPTIVE parent" means, as the context 20,894
requires, a prospective adoptive parent or an adoptive parent. 20,895
(2) "Public children services agency" has the same meaning 20,898
as in section 2151.011 of the Revised Code. 20,899
484
(B)(1) If a public children services agency considers a 20,903
child with special needs residing in the county served by the
agency to be in need of public care or protective services and 20,904
all of the following apply, the agency shall enter into an 20,905
agreement with the child's adoptive parent before the child is 20,906
adopted under which the agency shall make payments as needed on 20,907
behalf of the child: 20,908
(a) The adoptive parent has the capability of providing 20,910
the permanent family relationships needed by the child in all 20,911
areas except financial need as determined by the agency; 20,912
(b) The needs of the child are beyond the economic 20,914
resources of the adoptive parent as determined by the agency; 20,916
(c) The agency determines the acceptance of the child as a 20,919
member of the adoptive parent's family would not be in the 20,920
child's best interest without payments on the child's behalf 20,921
under this section.
(2) Payments to an adoptive parent under division (B) of 20,923
this section shall include medical, surgical, psychiatric, 20,924
psychological, and counseling expenses, and may include 20,925
maintenance costs if necessary and other costs incidental to the 20,926
care of the child. No payment of maintenance costs shall be made 20,927
under division (B) of this section on behalf of a child if either 20,929
of the following apply:
(a) The gross income of the adoptive parent's family 20,931
exceeds one hundred twenty per cent of the median income of a 20,932
family of the same size, including the child, as most recently 20,933
determined for this state by the secretary of health and human 20,934
services under Title XX of the "Social Security Act," 88 Stat. 20,935
2337, 42 U.S.C.A. 1397, as amended; 20,936
(b) The child is eligible for adoption assistance payments 20,939
for maintenance costs under Title IV-E of the "Social Security 20,940
Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as amended. 20,941
Payments under division (B) of this section may begin 20,943
either before or after issuance of the final adoption decree, 20,944
485
except that payments made before issuance of the final adoption 20,945
decree may be made only while the child is living in the adoptive 20,946
parent's home. Preadoption payments may be made for not more 20,947
than twelve months, unless the final adoption decree is not 20,948
issued within that time because of a delay in court proceedings. 20,949
Payments that begin before issuance of the final adoption decree 20,950
may continue after its issuance.
(C) If a public children services agency considers a child 20,953
residing in the county served by the agency to be in need of 20,954
public care or protective services and both of the following 20,955
apply, the agency may, and to the extent state funds are 20,956
appropriated for this purpose shall, enter into an agreement with 20,957
the child's adoptive parent after the child is adopted under 20,959
which the agency shall make payments on behalf of the child as
needed: 20,960
(1) The child has a physical or developmental handicap or 20,962
mental or emotional condition that either: 20,963
(a) Existed before the adoption petition was filed; 20,965
(b) Developed after the adoption petition was filed and 20,968
can be attributed to factors in the child's preadoption
background, medical history, or biological family's background or 20,969
medical history. 20,970
(2) The agency determines the expenses necessitated by the 20,972
child's handicap or condition are beyond the adoptive parent's 20,973
economic resources. 20,974
Payments to an adoptive parent under this division shall 20,976
include medical, surgical, psychiatric, psychological, and 20,977
counseling expenses, but shall not include maintenance costs. 20,978
(D) No payment shall be made under division (B) or (C) of 20,980
this section on behalf of any person twenty-one years of age or 20,981
older. Payments under those divisions shall be made in 20,982
accordance with the terms of the agreement between the public 20,983
children services agency and the adoptive parent, subject to an 20,984
annual redetermination of need. The agency may use sources of 20,986
486
funding in addition to any state funds appropriated for the 20,987
purposes of those divisions.
The department of human services shall adopt rules in 20,990
accordance with Chapter 119. of the Revised Code that are needed 20,991
to implement this section. The rules shall establish all of the 20,992
following:
(1) The application process for payments under this 20,994
section;
(2) The method to determine the amounts and kinds of 20,996
assistance payable under this section; 20,997
(3) The definition of "child with special needs" for this 20,999
section.
The rules shall allow for payments for children placed by 21,001
nonpublic agencies. 21,002
(E) No public children services agency shall, pursuant to 21,004
either section 2151.353 or 5103.15 of the Revised Code, place or 21,005
maintain a child with special needs who is in the permanent 21,006
custody of an institution or association certified by the 21,008
department of human services under section 5103.03 of the Revised 21,009
Code in a setting other than with a person seeking to adopt the
child, unless the agency has determined and redetermined at 21,011
intervals of not more than six months the impossibility of
adoption by a person listed pursuant to division (B), (C), or (D) 21,012
of section 5103.154 of the Revised Code, including the 21,013
impossibility of entering into a payment agreement with such a 21,015
person. The agency so maintaining such a child shall report its 21,016
reasons for doing so to the department of human services. No 21,018
agency that fails to so determine, redetermine, and report shall 21,019
receive more than fifty per cent of the state funds to which it 21,020
would otherwise be eligible for that part of the fiscal year 21,021
following placement under section 5101.14 of the Revised Code. 21,022
Sec. 5153.164. (A) The evaluation for each child care 21,031
facility under division (B)(16) of section 5153.16 of the Revised 21,032
Code shall determine all of the following: 21,033
487
(1) Whether resident children receive competent and 21,035
adequate care, protection, treatment, and supervision from the 21,036
staff and employees of the facility, or are mistreated, 21,037
neglected, or otherwise abused by those personnel; 21,038
(2) Whether resident children receive wholesome and 21,040
well-balanced meals, ample clothing and wearing apparel, 21,041
sufficient linens and toiletries, and other similar items 21,042
necessary for their health, hygiene, and physical or mental 21,043
development; 21,044
(3) Whether resident children receive appropriate public 21,046
education in accordance with the Revised Code; 21,047
(4) Whether resident children receive adequate 21,049
recreational opportunities; 21,050
(5) Whether resident children receive instruction and 21,052
training under section 3737.73 of the Revised Code with respect 21,053
to emergency fire and tornado procedures. 21,054
(B) The results of the annual evaluation shall be 21,056
submitted in writing to the board of county commissioners, the 21,057
citizens advisory committee on children's services, if any, and 21,058
the state department of human services. Any person may purchase 21,059
a copy of the report upon the payment of a reasonable fee to the 21,060
county PUBLIC children services board or county department of 21,061
human services AGENCY sufficient in amount to cover the costs of 21,063
publication. 21,064
(C) If any evaluation conducted by the county PUBLIC 21,066
children services board or county department of human services 21,067
AGENCY reveals that a child care facility operated by the board 21,069
or county department AGENCY does not satisfactorily meet one or 21,070
more of the criteria specified in division (A) of this section, 21,071
the board or county department AGENCY shall order the individual 21,072
in charge of the facility to remedy inadequate conditions or to 21,074
institute activities or programs to comply with the criteria 21,075
immediately. The power of county A PUBLIC children services 21,076
boards or county departments of human services AGENCY to issue 21,078
488
corrective orders under this division does not affect the powers 21,080
of other state, county, and municipal governmental bodies or 21,081
officers to issue corrective orders. 21,082
Sec. 5153.165. (A) If a family is encountering an 21,091
emergency that could lead, or has led, to removal of a child from 21,093
the family's home pursuant to Chapter 2151. of the Revised Code, 21,094
the county PUBLIC children services board or county department of 21,096
human services that has assumed the administration of child
welfare AGENCY shall determine whether the child could remain 21,097
safely with, or be safely returned to, the family if the 21,099
emergency were alleviated by providing family emergency 21,100
assistance under this section THE EMERGENCY ASSISTANCE PROGRAM 21,101
COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER 21,102
SECTION 5107.03 OF THE REVISED CODE. If it is determined that 21,103
the child could remain safely with, or be safely returned to, the 21,104
family, the board or county department AGENCY, with the 21,105
cooperation of the child's family, shall determine the amount of 21,107
family emergency assistance necessary to prevent the removal of 21,109
the child from the home, or to permit the child's return to the 21,110
home and may provide the assistance. In the case of a child who 21,111
is still with the family, the assistance may be provided at any 21,113
time after the family submits an application requesting the 21,114
assistance. In the case of a child who has been removed from the 21,115
family's home, the board or county department may provide the 21,116
assistance if the family submits an application requesting the
assistance not more than six months after the child was removed. 21,117
Funding for assistance provided under this section is limited to 21,118
the one hundred eighty-day period following the date of 21,119
application.
(B) The department of human services may, through the 21,121
family emergency assistance program established under section 21,122
5107.16 of the Revised Code, provide funding for the assistance 21,123
provided under this section. The department shall submit to the 21,124
United States secretary of health and human services any 21,125
489
amendments to the state plan for aid to dependent children
prepared in accordance with section 5107.02 of the Revised Code 21,126
that are necessary to provide the funding. Each board or county 21,127
department PUBLIC CHILDREN SERVICES AGENCY shall provide 21,129
nonfederal COUNTY funds to match the federal AND STATE funds 21,130
received through the family emergency assistance program for 21,131
assistance provided under this section. The nonfederal COUNTY 21,132
funds shall be in addition to the county share required OF OHIO 21,134
WORKS FIRST EXPENDITURES DETERMINED under sections SECTION 21,135
5101.16 and 5101.161 of the Revised Code. 21,136
Sec. 5153.17. The county PUBLIC children services board or 21,145
county department of human services AGENCY shall prepare and keep 21,147
written records of investigations of families, children, and 21,148
foster homes, and of the care, training, and treatment afforded 21,149
children, and shall prepare and keep such other records as are 21,150
required by the department of human services. Such records shall 21,151
be confidential, but, except as provided by division (B) of 21,152
section 3107.17 of the Revised Code, shall be open to inspection 21,153
by the board or department of human services AGENCY, the director 21,155
of the county department of human services, and by other persons,
upon the written permission of the executive secretary. 21,156
Sec. 5153.18. (A) The county PUBLIC children services 21,165
board or county department of human services AGENCY shall have 21,167
the capacity possessed by natural persons to institute 21,168
proceedings in any court. 21,169
(B) When appointed by the probate court exercising 21,171
jurisdiction in adoption proceedings, the executive director may 21,172
act as next friend of any child and perform the duties of such 21,173
next friend. 21,174
(C) When appointed by the probate court, in lieu of a 21,176
guardian, in accordance with section 2111.05 of the Revised Code: 21,177
(1) The executive director may act as trustee of the 21,179
estate of any ward, provided such an estate does not exceed one 21,180
thousand dollars in value. 21,181
490
(2) The executive director may also act as trustee, on 21,183
behalf of any ward, of periodic payments of not more than 21,184
twenty-five dollars per week of which such ward is entitled as a 21,185
claimant pursuant to the terms of any insurance policy, annuity, 21,186
pension, benefit, or allowance, governmental or private. 21,187
(3) Such director shall administer all trusteeships in 21,189
accordance with the laws relating to fiduciaries. 21,190
The funds of any such trusteeship shall not be mingled with 21,192
other moneys of the board or department AGENCY or of the county. 21,193
The cost of any such trusteeship shall be paid out of the funds 21,195
of the trust, but no fee shall be allowed to the executive 21,196
director as such trustee. At least once a year, or more often if 21,197
required by the probate court, the executive director shall make 21,198
a complete report and accounting to the board or to the 21,199
department AGENCY as to the disposition of all trust funds 21,200
administered by him THE EXECUTIVE DIRECTOR during the year. 21,202
Sec. 5153.19. The county PUBLIC children services board or 21,211
county department of human services AGENCY shall, before entering 21,214
into any agreement obligating the board or department AGENCY with 21,216
respect to the care of any child, determine the ability of the 21,217
child, parent, guardian, or other person to pay for the cost of 21,218
such care, having due regard for other dependents. Such 21,219
determination shall, if accepted by the parent, guardian, or 21,220
other person, be made a part of such agreement. If the executive 21,222
director has been appointed in lieu of a guardian and is acting
as trustee of the estate of the child, such determination shall 21,223
be subject to the approval of the probate court. 21,224
Sec. 5153.20. The cost of care furnished by the county 21,233
PUBLIC children services board, by AGENCY OR the board of county 21,234
commissioners, or by the county department of human services, to 21,236
any child having a legal residence in another county, shall be 21,237
charged to the county of legal residence. No expense shall be 21,238
incurred by the county children services board, by AGENCY OR the 21,239
board of county commissioners, or by the department, on account 21,242
491
of such care, except for temporary or emergency care, without the 21,243
consent of the county children services board, AGENCY OR board of 21,244
county commissioners, or department of such other county, or as 21,246
provided by this section. If such consent cannot be obtained the 21,247
county children services board, board of county commissioners, or 21,248
department may file a petition in the court of common pleas of 21,249
the county in which the child is found for a determination of 21,250
legal residence of such child. Summons in such a proceeding shall 21,251
be served, as in other civil actions, upon the board of county 21,252
commissioners and the executive director of the county children 21,253
services board or on the county department of human services 21,254
AGENCY of the county alleged to be the county of legal residence, 21,255
but the answer day shall be the tenth day after the issuance of 21,256
such summons. The return day shall be the fifth day after 21,257
issuance of the summons. The cause shall be set for hearing not 21,258
less than ten nor more than thirty days after the issuance of the 21,259
summons. The finding and determination by the court upon such 21,260
application, subject to the right of appeal, shall be final and 21,261
conclusive as to the county chargeable under this section with 21,262
the costs of the care of such child. The board of county 21,263
commissioners out of its general funds shall reimburse the county 21,264
children services board or department AGENCY furnishing such 21,265
care, upon receipt of itemized statements. 21,266
Any moneys received by the county children services board 21,268
or department AGENCY furnishing such care from persons liable for 21,269
the cost of any part of such care, by agreement or otherwise, 21,271
shall be credited to the county of legal residence. 21,272
The county children services board or department AGENCY may 21,274
remove and deliver any child, having legal residence in another 21,276
county in Ohio and deemed to be in need of public care, to the 21,277
county PUBLIC children services board or department AGENCY of the 21,279
county of legal residence. All cost incidental to the 21,281
transportation of such child and of any escort required shall be 21,282
paid by the county PUBLIC children services board or department 21,284
492
AGENCY which delivers back the child. With the approval of the 21,286
department of human services, any child whose legal residence has 21,287
been found to be in another state or country may be transferred 21,288
to the department for return to the place of legal residence, or 21,289
such child may be returned by the county children services board 21,290
or department AGENCY. All costs incidental to the transportation 21,292
of such child and of any escort required shall be paid by the 21,293
department of human services if it returns the child, otherwise 21,294
the cost shall be paid by the county children services board or 21,295
department AGENCY, subject in either case to such reimbursement 21,297
as may be obtained from the responsible persons or authorities of 21,298
the place of legal residence. The department of human services 21,299
may enter into agreements with the authorities of other states 21,300
relative to the placement and return of children. 21,301
Sec. 5153.21. The board of county commissioners may 21,310
establish a children's home upon the recommendation of the county 21,311
PUBLIC children services board or county department of human 21,313
services AGENCY and subject to the approval of the department of 21,314
human services. 21,315
Sec. 5153.22. If there is no children's home in the county 21,324
or if the facilities for institutional care are inadequate, the 21,325
county PUBLIC children services board or county department of 21,327
human services AGENCY may, subject to the approval of the 21,329
department of human services and the board of county
commissioners, enter into an agreement with the county PUBLIC 21,330
children services board or department AGENCY OF, or a certified 21,332
organization located in, another county, or with the board of
trustees of any district or semipublic children's home, or with 21,334
any agency or institution outside the state for the furnishing of 21,335
institutional care to children of the county. 21,336
Sec. 5153.23. The superintendent of the county children's 21,345
home shall control, manage, operate, and have general charge of 21,346
such home, subject to the rules, standards, and orders of the 21,347
county PUBLIC children services board or county department of 21,349
493
human services AGENCY.
Sec. 5153.25. The superintendent of the county children's 21,358
home may provide and carry on, in connection with a children's 21,360
home, such industrial, agricultural, and other pursuits for the 21,361
children in such home as are deemed expedient by the county 21,363
PUBLIC children services board or county department of human 21,364
services AGENCY. Any products of such pursuits not needed to 21,366
maintain the home may be sold, and all receipts from such sales 21,367
shall be paid into the county treasury.
Sec. 5153.26. At the request of the superintendent of the 21,376
county children's home, the county PUBLIC children services board 21,377
or county department of human services AGENCY may issue orders 21,380
upon the county auditor for the payment to such superintendent of 21,382
a sum, not exceeding two hundred dollars at any one time, to be
designated the fund for the payment of emergency accounts, and to 21,383
be used and accounted for by the superintendent. The amounts so 21,384
paid in any year, after the first full year of operation, shall 21,385
not exceed twenty per cent of the total expenditures for such 21,386
children's home during the preceding year.
Sec. 5153.27. A county PUBLIC children services board or a 21,395
county department of human services AGENCY operating a children's 21,398
home or other institution is subject to sections 5103.03 and 21,400
5103.04 of the Revised Code respecting certification by the 21,401
department of human services.
Sec. 5153.28. Boards of township trustees, the 21,410
superintendent of any county home, and other officers and 21,411
employees of any county, municipal corporation, or other 21,413
political subdivisions of the state shall make a report to the
county PUBLIC children services board or county department of 21,415
human services AGENCY respecting any child in the county coming 21,417
to their attention, who is deemed to be in need of public care. 21,418
No child shall be kept or maintained in any county home, 21,420
except with the approval of the board or department PUBLIC 21,421
CHILDREN SERVICES AGENCY of such county. 21,422
494
Sec. 5153.29. The board of county commissioners of any 21,431
county having a county children's home, may, upon the 21,432
recommendation of the county PUBLIC children services board or 21,434
county department of human services AGENCY and with the approval 21,435
of the department of human services, abandon the use of such home 21,436
and proceed to sell or lease the site, building, furniture, and 21,437
equipment of such home in the manner most advantageous to the 21,438
county, or it may use the home for other necessary and proper 21,439
purposes. The net proceeds of any such sale or lease shall be 21,440
paid into the county treasury.
Sec. 5153.30. The county PUBLIC children services board or 21,449
county department of human services AGENCY may accept and receive 21,452
bequests, donations, and gifts of funds or property, real or 21,454
personal, for child care and services. The facilities or
services to be established or maintained through any such gift 21,455
shall be subject to the approval of the department of human 21,457
services.
Sec. 5153.31. All personal property, records, files, and 21,466
other documents and papers belonging to or in the possession of 21,467
any agency or institution, the powers and duties of which are 21,468
transferred, by sections 5153.01 to 5153.42 of the Revised Code, 21,469
to the county PUBLIC children services board or county department 21,470
of human services AGENCY, the proceeds of all tax levies in 21,472
process of collection, the unexpended balances of all current 21,474
appropriations for the use of such agencies and institutions, and 21,475
the custody of all wards of such agencies and institutions, shall 21,476
be deemed transferred to the board or department AGENCY. 21,477
Sec. 5153.32. Any corporation, organized under the laws of 21,486
this state for the purpose of establishing, conducting, and 21,487
maintaining a child welfare institution or agency, which is 21,488
unable, for any reason, to conduct and maintain such institution 21,489
or agency, and which has not, for a period of three consecutive 21,490
years, conducted or maintained a place or establishment for the 21,491
care of children, and which has in its hands funds or properties 21,492
495
acquired by it for the purpose of establishing, conducting, and 21,493
maintaining such institution or agency, may, subject to the 21,494
approval of the department of human services, and subject to the 21,495
terms of any deed, will, or other instrument pursuant to which 21,496
such funds or properties were acquired, transfer such funds or 21,497
properties to the county PUBLIC children services board or county 21,499
department of human services AGENCY, to be used for the purposes 21,500
for which such funds or property were acquired. The transfer of 21,502
such funds or properties to the board or department AGENCY shall 21,503
be a full discharge of the obligation or liability of such 21,505
corporation and its trustees with respect to the funds and 21,506
properties so transferred. 21,507
Sec. 5153.33. Funds in the hands of the county PUBLIC 21,516
children services board or county department of human services 21,518
AGENCY, donated or transferred to such board or department AGENCY 21,520
under sections 5153.31 and 5153.32 of the Revised Code, and which 21,521
are not immediately needed, may be invested in bonds of the 21,522
United States or of any political subdivision of the state. 21,524
Sec. 5153.34. The county PUBLIC children services board or 21,533
county department of human services AGENCY may acquire such 21,536
property and equipment and purchase such supplies and services as 21,539
are necessary for the proper conduct of its work, including the
ownership, operation, and maintenance of motor vehicles. Neither 21,540
the director nor an employee of the board or department AGENCY 21,541
shall sell or supply any article to the board or department 21,543
AGENCY, or to any institution maintained by such board or 21,544
department AGENCY, or be personally interested in any contract 21,545
made by the board or department AGENCY. 21,547
Sec. 5153.35. The boards of county commissioners shall 21,556
levy taxes and make appropriations sufficient to enable the 21,557
county PUBLIC children services board or county department of 21,558
human services AGENCY to perform its functions and duties under 21,560
sections 5153.01 to 5153.42 of the Revised Code. If the board of 21,561
county commissioners levies a tax for children services and the 21,562
496
children services functions are transferred from a county 21,563
children services board to the department of human services, or 21,564
from the department of human services to a county children 21,565
services board, the levy shall continue in effect for the period 21,566
for which it was approved by the electors for the use by the 21,567
PUBLIC CHILDREN SERVICES agency that provides children services 21,569
pursuant to the transfer.
In addition to making the usual appropriations, there may 21,571
be allowed annually to the executive director an amount not to 21,572
exceed one-half his THE EXECUTIVE DIRECTOR'S official salary to 21,573
provide for necessary expenses which are incurred by him THE 21,574
EXECUTIVE DIRECTOR or his THE EXECUTIVE DIRECTOR'S staff in the 21,576
performance of their official duties. Upon the order of the
executive director, the county auditor shall draw his A warrant 21,577
on the county treasurer payable to the executive director or such 21,579
other person as the order designates, for such amount as the 21,580
order requires, not exceeding the amount provided for in this 21,581
section, and to be paid out of the general fund of the county. 21,582
The bond of the executive director provided for by section 21,583
5153.13 of the Revised Code shall at all times be in sufficient 21,584
amount to cover the additional appropriations provided for by 21,585
this section. 21,586
The executive director, annually, before the first Monday 21,588
of January, shall file with the auditor a detailed and itemized 21,589
statement, verified by the executive director, as to the manner 21,590
in which the fund has been expended during the current year, and 21,591
if any part of such fund remains in his THE EXECUTIVE DIRECTOR'S 21,592
hands unexpended, forthwith shall pay that amount into the county 21,593
treasury.
Sec. 5153.36. The boards of county commissioners of two or 21,602
more adjoining counties, not to exceed four, may, upon the 21,603
recommendation of the county PUBLIC children services boards or 21,605
the county departments of human services AGENCIES of such 21,606
counties, and subject to the approval of the department of human 21,607
497
services form themselves into a joint board, and proceed to 21,608
organize a district for the establishment and support of a 21,609
children's home, by using a site and buildings already 21,610
established in one such county, or by providing for the purchase
of a site and the erection of necessary buildings thereon. 21,611
Sec. 5153.49. The board of county commissioners of any 21,620
county within a children's home district may, upon the 21,621
recommendation of the county PUBLIC children services board or of 21,623
the county department of human services AGENCY, and subject to 21,624
the approval of the department of human services, withdraw from 21,626
such district and dispose of its interest in such home by selling 21,627
or leasing its right, title, and interest in the site, buildings, 21,628
furniture, and equipment to any counties in the district, at such 21,629
price and on such terms as are agreed upon among the boards of 21,630
county commissioners of the counties concerned. Section 307.10 21,631
of the Revised Code does not apply to this section. The net 21,632
proceeds of any such sale or lease shall be paid into the county 21,633
treasury of the withdrawing county. 21,634
Members of the board of trustees of a district children's 21,636
home who are residents of a county withdrawing from such district 21,637
are deemed to have resigned their positions upon completion of 21,638
the withdrawal procedure provided by this section. Vacancies 21,639
thus created shall be filled according to section 5153.05 or 21,640
sections 5153.39 and 5153.45 of the Revised Code. 21,641
Sec. 5153.53. The county PUBLIC children services board or 21,650
county department of human services AGENCY may purchase, operate, 21,654
and maintain busses BUSES to be used for educational purposes. 21,657
The operation and maintenance of such busses BUSES shall be 21,659
according to the law relating to school busses BUSES. 21,662
Sec. 5502.13. The department of public safety shall 21,671
maintain an investigations unit in order to conduct such 21,672
investigations and other enforcement activity as are authorized 21,673
by Chapters 4301., 4303., 5101., AND 5107., and 5113. and section 21,674
5115.03 of the Revised Code. The director of public safety shall 21,676
498
appoint such employees of the unit as are necessary, designate
the activities to be performed by those employees, and prescribe 21,677
their titles and duties. 21,678
Sec. 5709.64. (A) If an enterprise has been granted an 21,688
incentive for the current calendar year under an agreement 21,689
entered pursuant to section 5709.62, 5709.63, or 5709.632 of the 21,690
Revised Code, it may apply, on or before the thirtieth day of 21,691
April of that year, to the director of development, on a form 21,692
prescribed by him THE DIRECTOR, for a tax incentive qualification 21,693
certificate. The enterprise qualifies for an initial certificate 21,695
if, on or before the last day of the calendar year immediately 21,696
preceding that in which application is made, it satisfies all of 21,697
the following requirements: 21,698
(1) The enterprise has established, expanded, renovated, 21,700
or occupied a facility pursuant to the agreement under section 21,701
5709.62, 5709.63, or 5709.632 of the Revised Code. 21,702
(2) The enterprise has hired new employees to fill 21,704
nonretail positions at the facility, at least twenty-five per 21,705
cent of whom at the time they were employed were at least one of 21,706
the following: 21,707
(a) Unemployed persons who had resided at least six months 21,709
in the county in which the enterprise's project site is located; 21,710
(b) JPTA eligible employees who had resided at least six 21,712
months in the county in which the enterprise's project site is 21,713
located; 21,714
(c) Recipients of aid to dependent children OHIO WORKS 21,716
FIRST under Chapter 5107. of the Revised Code, general assistance 21,717
under former Chapter 5113. of the Revised Code, disability 21,718
assistance under Chapter 5115. of the Revised Code, or 21,719
unemployment compensation benefits who had resided at least six 21,720
months in the county in which the enterprise's project site is 21,721
located;
(d) Handicapped persons, as defined under division (A) of 21,723
section 3304.11 of the Revised Code, who had resided at least six 21,724
499
months in the county in which the enterprise's project site is 21,725
located; 21,726
(e) Residents for at least one year of a zone located in 21,728
the county in which the enterprise's project site is located. 21,729
The director of development shall, by rule, establish 21,731
criteria for determining what constitutes a nonretail position at 21,732
a facility. 21,733
(3) The average number of positions attributable to the 21,735
enterprise in the municipal corporation during the calendar year 21,736
immediately preceding the calendar year in which application is 21,737
made exceeds the maximum number of positions attributable to the 21,738
enterprise in the municipal corporation during the calendar year 21,739
immediately preceding the first year the enterprise satisfies the 21,740
requirements set forth in divisions (A)(1) and (2) of this 21,741
section. If the enterprise is engaged in a business which, 21,742
because of its seasonal nature, customarily enables the 21,743
enterprise to operate at full capacity only during regularly 21,744
recurring periods of the year, the average number of positions 21,745
attributable to the enterprise in the municipal corporation 21,746
during each period of the calendar year immediately preceding the 21,747
calendar year in which application is made must exceed only the 21,748
maximum number of positions attributable to the enterprise in 21,749
each corresponding period of the calendar year immediately 21,750
preceding the first year the enterprise satisfies the 21,751
requirements of divisions (A)(1) and (2) of this section. The 21,752
director of development shall, by rule, prescribe methods for 21,753
determining whether an enterprise is engaged in a seasonal 21,754
business and for determining the length of the corresponding 21,755
periods to be compared. 21,756
(4) The enterprise has not closed or reduced employment at 21,758
any place of business in the state for the primary purpose of 21,759
establishing, expanding, renovating, or occupying a facility. The 21,761
legislative authority of any municipal corporation or the board 21,762
of county commissioners of any county that concludes that an 21,763
500
enterprise has closed or reduced employment at a place of
business in that municipal corporation or county for the primary 21,764
purpose of establishing, expanding, renovating, or occupying a 21,765
facility in a zone may appeal to the director to determine 21,766
whether the enterprise has done so. Upon receiving such an 21,767
appeal, the director shall investigate the allegations and make 21,768
such a determination before issuing an initial or renewal tax 21,769
incentive qualification certificate under this section. 21,770
Within sixty days after receiving an application under this 21,772
division, the director shall review, investigate, and verify the 21,773
application and determine whether the enterprise qualifies for a 21,774
certificate. The application shall include an affidavit executed 21,775
by the applicant verifying that the enterprise satisfies the 21,776
requirements of division (A)(2) of this section, and shall 21,777
contain such information and documents as the director requires, 21,778
by rule, to ascertain whether the enterprise qualifies for a 21,779
certificate. If the director finds the enterprise qualified, he 21,780
THE DIRECTOR shall issue a tax incentive qualification 21,781
certificate, which shall bear as its date of issuance the 21,782
thirtieth day of June of the year of application, and shall state 21,783
that the applicant is entitled to receive, for the taxable year 21,784
that includes the certificate's date of issuance, the tax 21,785
incentives provided under section 5709.65 of the Revised Code 21,786
with regard to the facility to which the certificate applies. If 21,787
an enterprise is issued an initial certificate, it may apply, on 21,788
or before the thirtieth day of April of each succeeding calendar 21,789
year for which it has been granted an incentive under an 21,790
agreement entered pursuant to section 5709.62, 5709.63, or 21,791
5709.632 of the Revised Code, for a renewal certificate. 21,792
Subsequent to its initial certification, the enterprise qualifies 21,793
for up to three successive renewal certificates if, on or before 21,794
the last day of the calendar year immediately preceding that in 21,795
which the application is made, it satisfies all the requirements 21,796
of divisions (A)(1) to (4) of this section, and neither the 21,797
501
zone's designation nor the zone's certification has been revoked 21,798
prior to the fifteenth day of June of the year in which the 21,799
application is made. The application shall include an affidavit 21,800
executed by the applicant verifying that the enterprise satisfies 21,801
the requirements of division (A)(2) of this section. An 21,802
enterprise with ten or more supervisory personnel at the facility 21,803
to which a certificate applies qualifies for any subsequent 21,804
renewal certificates only if it meets all of the foregoing 21,805
requirements and, in addition, at least ten per cent of those 21,806
supervisory personnel are employees who, when first hired by the 21,807
enterprise, satisfied at least one of the criteria specified in 21,808
divisions (A)(2)(a) to (e) of this section. If the enterprise 21,809
qualifies, a renewal certificate shall be issued bearing as its 21,810
date of issuance the thirtieth day of June of the year of 21,811
application. The director shall send copies of the initial 21,812
certificate, and each renewal certificate, by certified mail, to 21,813
the enterprise, the tax commissioner, the board of county 21,814
commissioners, and the chief executive of the municipal 21,815
corporation in which the facility to which the certificate 21,816
applies is located.
(B) If the director determines that an enterprise is not 21,818
qualified for an initial or renewal tax incentive qualification 21,819
certificate, he THE DIRECTOR shall send notice of this 21,820
determination, specifying the reasons for it, by certified mail, 21,822
to the applicant, the tax commissioner, the board of county 21,823
commissioners, and the chief executive of the municipal 21,824
corporation in which the facility to which the certificate would 21,825
have applied is located. Within thirty days after receiving such 21,826
a notice, an enterprise may request, in writing, a hearing before 21,827
the director for the purpose of reviewing the application and the 21,828
reasons for the determination. Within sixty days after receiving 21,829
a request for a hearing, the director shall afford one and, 21,830
within thirty days after the hearing, shall issue a 21,831
redetermination of the enterprise's qualification for a 21,832
502
certificate. If the enterprise is found to be qualified, the 21,833
director shall proceed in the manner provided under division (A) 21,834
of this section. If the enterprise is found to be unqualified, 21,835
the director shall send notice of this finding, by certified 21,836
mail, to the applicant, the tax commissioner, the board of county 21,837
commissioners, and the chief executive of the municipal 21,838
corporation in which the facility to which the certificate would 21,839
have applied is located. The director's redetermination that an 21,840
enterprise is unqualified may be appealed to the board of tax 21,841
appeals in the manner provided under section 5717.02 of the 21,842
Revised Code. 21,843
Sec. 5709.66. (A) If an enterprise has been granted an 21,852
incentive for the current calendar year under an agreement 21,853
entered into pursuant to section 5709.62 or 5709.63 of the 21,854
Revised Code and satisfies both of the requirements described in 21,855
divisions (A)(1) and (2) of this section at the time of 21,856
application, it may apply to the director of development, on a 21,857
form prescribed by the director, for the employee tax credit 21,858
certificate under division (B) of this section. 21,860
(1) The enterprise has established, expanded, renovated, 21,862
or occupied a facility pursuant to an agreement under section 21,863
5709.62 or 5709.63 of the Revised Code in a zone that is 21,864
certified by the director of development as having one of the 21,865
characteristics described in divisions (A)(1)(a) or (b) and at 21,866
least one of the characteristics described in divisions (A)(1)(c) 21,867
to (h) of section 5709.61 of the Revised Code. 21,868
(2) The enterprise or any predecessor enterprise has not 21,870
closed or reduced employment at any place of business in this 21,871
state within the twelve months preceding application unless the 21,872
enterprise, since the date the agreement was formally approved by 21,873
the legislative authority, has hired new employees equal in 21,874
number to not less than fifty per cent of the total number of 21,875
employees employed by the enterprise at other locations in this 21,876
state on that date. The legislative authority of any municipal 21,877
503
corporation or county that concludes that an enterprise or any 21,878
predecessor enterprise has closed or reduced employment at a 21,879
place of business in that municipal corporation or county may 21,880
appeal to the director to determine whether the enterprise or any 21,881
predecessor enterprise has done so. Upon receiving such an 21,882
appeal, the director shall investigate the allegations and 21,883
determine whether the enterprise satisfies the requirement of 21,884
division (A)(2) of this section before proceeding under division 21,885
(B) of this section. 21,886
Within sixty days after receiving an application under this 21,888
section, the director shall review, investigate, and verify the 21,889
application and determine whether the enterprise is eligible for 21,890
the employee tax credit certificate under division (B) of this 21,891
section. The application shall contain such information and 21,892
documents as the director requires, by rule, to ascertain whether 21,893
the enterprise is eligible for the certificate. On finding that 21,894
the enterprise is eligible, the director shall proceed under 21,895
division (B) of this section. 21,896
On determining that an enterprise is not eligible for the 21,899
certificate under division (B) of this section, the director 21,900
shall send notice of this determination, specifying the reasons 21,901
for it, by certified mail, to the applicant, the board of county 21,902
commissioners, and the chief executive of the municipal 21,903
corporation in which the facility to which the certificate would 21,904
have been given is located. Within thirty days after receiving 21,905
such a notice, an enterprise may request, in writing, a hearing 21,906
before the director for the purpose of reviewing the application 21,907
and the reasons for the determination. Within sixty days after 21,908
receiving a request for a hearing, the director shall afford one 21,909
and, within thirty days after the hearing, shall issue a 21,910
redetermination of the enterprise's eligibility for the 21,911
incentives. If the enterprise is found to be eligible, the 21,912
director shall proceed under division (B) of this section. If 21,913
the enterprise is found to be ineligible, the director shall send 21,914
504
notice of this finding, by certified mail, to the applicant, the 21,915
board of commissioners of the county or the chief executive of 21,916
the municipal corporation in which the facility to which the 21,917
certificate would have been given is located. The director's 21,918
redetermination that an enterprise is ineligible may be appealed 21,919
to the board of tax appeals under section 5717.02 of the Revised 21,920
Code.
(B)(1) If the director determines an enterprise to be 21,922
eligible under division (A) of this section, the director shall 21,923
determine if the enterprise is entitled to an employee tax credit 21,925
certificate. An enterprise is entitled to an employee tax credit 21,926
certificate for each eligible employee the enterprise hires. A 21,927
taxpayer who is issued an employee tax credit certificate under 21,928
this section may claim a nonrefundable credit of one thousand 21,929
dollars against the tax imposed under Chapter 5733. or 5747. of 21,930
the Revised Code for each taxable year of the agreement entered 21,931
into under section 5709.62 or 5709.63 of the Revised Code in 21,932
which an eligible employee is employed for the taxpayer's full 21,933
taxable year. If the eligible employee is employed for less than 21,934
the taxpayer's full taxable year, the taxpayer may claim a 21,935
reduced credit against the tax imposed under Chapter 5733. or 21,936
5747. of the Revised Code. The reduced credit shall be computed 21,937
by dividing the total number of days in the taxable year into one 21,938
thousand dollars and multiplying the quotient by the number of 21,939
days the eligible employee was employed in the taxable year. For 21,940
purposes of the computation, the eligible employee shall be 21,941
deemed to have been employed for each day of the taxable year 21,942
commencing on the date of employment or ending on the date of 21,943
termination of employment.
The credit provided under this division to a noncorporate 21,946
enterprise or an enterprise that is an S corporation as defined 21,947
in section 1361 of the Internal Revenue Code shall be divided pro 21,948
rata among the owners or shareholders of the enterprise subject 21,949
to the tax imposed under Chapter 5747. of the Revised Code, based 21,950
505
on their proportionate ownership interests in the enterprise. 21,951
The enterprise shall file with the tax commissioner, on a form 21,952
prescribed by the tax commissioner, a statement showing the total 21,953
available credit and the portion of that credit attributed to 21,954
each owner or shareholder. The statement shall identify each 21,955
owner or shareholder by name and social security number and shall 21,956
be filed with the tax commissioner by the date prescribed by the 21,957
tax commissioner, which shall be no earlier than the fifteenth 21,958
day of the month following the close of the enterprise's taxable 21,959
year for which the credit is claimed. 21,960
The taxpayer shall claim the credit in the order required 21,962
under section 5733.98 or 5747.98 of the Revised Code. If the 21,963
credit provided under this division exceeds the taxpayer's tax 21,965
liability for the taxable year after allowance for any other 21,966
credits that precede the credit under this section in that order, 21,967
the credit may be carried forward for the next three succeeding 21,968
taxable years, but the amount of any excess credit allowed in any 21,969
such year shall be deducted from the balance carried forward to 21,970
the succeeding taxable year.
(b)(2) As used in this division: 21,972
(i)(a) "Eligible employee" means a new employee at a 21,974
facility who, at the time the employee was hired to work at the 21,975
facility, was a recipient of aid to dependent children OHIO WORKS 21,977
FIRST under Chapter 5107. of the Revised Code or general 21,978
assistance under former Chapter 5113. of the Revised Code and 21,979
resided for at least one year in the county in which the facility 21,980
is located. "Eligible employee" does not include any employee of 21,981
the enterprise who is a new employee, as defined under section 21,982
122.17 of the Revised Code, on the basis of whom the enterprise 21,983
has claimed a credit under that section. 21,984
(ii)(b) "Taxable year" has the same meaning as in section 21,986
5733.04 or 5747.01 of the Revised Code, as applicable to the 21,987
enterprise claiming the credit. 21,988
Section 2. That existing sections 117.45, 124.26, 124.30, 21,991
506
127.16, 176.05, 307.01, 307.851, 319.16, 329.03, 329.04, 329.05, 21,992
329.051, 329.06, 329.09, 2151.011, 2151.10, 2151.31, 2151.421, 21,993
2301.03, 2301.35, 2301.351, 2301.357, 2301.36, 2301.372, 2329.66, 21,994
2715.041, 2715.045, 2716.13, 2901.30, 2921.13, 2951.02, 3101.01, 21,995
3107.01, 3109.051, 3111.09, 3113.06, 3113.07, 3113.215, 3113.216, 21,996
3115.24, 3301.0719, 3313.64, 3313.714, 3317.023, 3317.10, 21,997
3701.503, 3727.17, 4115.04, 4117.01, 4123.27, 4141.162, 4141.163, 21,998
5101.02, 5101.06, 5101.07, 5101.071, 5101.10, 5101.14, 5101.141, 21,999
5101.15, 5101.16, 5101.161, 5101.18, 5101.181, 5101.183, 5101.31, 22,000
5101.323, 5101.35, 5101.36, 5101.37, 5101.46, 5101.461, 5101.462, 22,002
5101.463, 5101.464, 5101.54, 5101.544, 5101.58, 5101.59, 5101.82, 22,003
5101.83, 5101.84, 5101.841, 5101.842, 5101.91, 5101.92, 5101.95, 22,004
5101.97, 5101.99, 5103.02, 5103.154, 5104.01, 5104.03, 5104.04, 22,005
5104.11, 5104.12, 5104.30, 5104.32, 5104.34, 5104.38, 5104.39, 22,006
5104.42, 5107.01, 5107.02, 5107.031, 5107.04, 5107.041, 5107.05, 22,007
5107.07, 5107.071, 5107.10, 5107.12, 5107.13, 5107.15, 5107.16, 22,008
5107.18, 5107.19, 5107.21, 5107.22, 5107.24, 5107.26, 5107.30, 22,009
5107.31, 5107.32, 5107.34, 5111.01, 5111.012, 5111.013, 5111.017, 22,010
5111.023, 5111.09, 5111.74, 5115.01, 5115.03, 5115.05, 5119.22, 22,011
5119.65, 5119.68, 5122.39, 5123.93, 5139.18, 5153.01, 5153.02, 22,012
5153.03, 5153.04, 5153.05, 5153.07, 5153.08, 5153.091, 5153.10, 22,013
5153.11, 5153.111, 5153.12, 5153.13, 5153.131, 5153.14, 5153.16, 22,014
5153.161, 5153.162, 5153.163, 5153.164, 5153.165, 5153.17, 22,015
5153.18, 5153.19, 5153.20, 5153.21, 5153.22, 5153.23, 5153.25, 22,016
5153.26, 5153.27, 5153.28, 5153.29, 5153.30, 5153.31, 5153.32, 22,017
5153.33, 5153.34, 5153.35, 5153.36, 5153.49, 5153.53, 5502.13, 22,018
5709.64, and 5709.66, and sections 329.041, 329.07, 329.99, 22,019
4141.043, 4143.043, 5101.09, 5101.57, 5101.80, 5101.81, 5101.85, 22,021
5101.86, 5101.87, 5101.88, 5101.881, 5101.89, 5101.90, 5101.93, 22,022
5101.94, 5101.98, 5104.081, 5107.011, 5107.03, 5107.032, 22,023
5107.033, 5107.034, 5107.06, 5107.08, 5107.09, 5107.11, 5107.14, 22,024
5107.151, 5107.17, 5107.20, 5107.23, 5107.25, 5107.33, 5107.99, 22,025
and 5115.18 of the Revised Code are hereby repealed. 22,027
Section 3. (A) A determination that the Department of 22,029
507
Human Services or a county department of human services made 22,030
prior to the effective date of this act pursuant to the following 22,031
continue in effect after the effective date of this act and the 22,032
Department or county department may act on those determinations 22,033
unless the Department adopts rules providing that a determination 22,035
is no longer in effect:
(1) A state hearing or administrative appeal made under 22,037
section 5101.35 of the Revised Code; 22,038
(2) Section 5107.04 (5107.14), 5107.041 (5107.15), or 22,040
5107.11 of the Revised Code, as those sections existed 22,041
immediately prior to the effective date of this act, regarding 22,042
erroneous and fraudulent payments and improperly obtained aid; 22,043
(3) A federal statute or regulation, the Revised Code, or 22,045
a rule adopted by the Department regarding disqualifications, 22,046
sanctions, and warnings for failure to satisfy a requirement for 22,047
aid under Chapter 5107. of the Revised Code. 22,048
(B) A determination that a person was eligible for aid 22,050
under Chapter 5107. of the Revised Code that was made prior to 22,051
the effective date of this act does not authorize automatic 22,052
continued eligibility for aid under that chapter. The person 22,053
must satisfy the requirements for eligibility established for the 22,055
Ohio Works First Program.
Section 4. A rule adopted by the Department of Human 22,057
Services under Chapter 5101. or 5107. of the Revised Code or 22,058
pursuant to Executive Order 96-73V prior to the effective date of 22,059
this act remains valid and enforceable until rescinded by the 22,060
Department notwithstanding the abolition of the Aid to Dependent 22,061
Children Program and the Job Opportunities and Basic Skills 22,062
Training Program and creation of the Ohio Works First Program. 22,063
Section 5. The elimination of the Aid to Dependent 22,065
Children Program does not bar a county department of human 22,066
services from doing either of the following: 22,067
(A) Making determinations of whether erroneous payments 22,069
were made under the program and taking action to recover 22,070
508
erroneous payments pursuant to section 5107.14 of the Revised 22,071
Code;
(B) Pursuant to section 5107.15 of the Revised Code, 22,073
denying assistance under the Ohio Works First Program to an 22,074
assistance group that received a fraudulent payment under the Aid 22,075
to Dependent Children Program and has not repaid the fraudulent 22,076
payment. 22,077
Section 6. The right of subrogation for the cost of 22,079
medical services and care given under section 5101.58, an 22,080
assignment of the right to medical support given under section 22,081
5101.59, and an assignment of the right to support from another 22,082
person given under section 5107.07 (5107.11) of the Revised Code 22,083
to the Department of Human Services or a county department of 22,084
human services prior to the effective date of this act continues 22,085
in force to the extent those sections provide, notwithstanding 22,086
the elimination of the Aid to Dependent Children Program and 22,087
creation of the Ohio Works First Program. 22,088
Section 7. Aid provided under the former Aid to Dependent 22,090
Children Program continues to be inalienable whether by way of 22,091
assignment, charge, or otherwise and exempt from execution, 22,092
attachment, garnishment, and other like process notwithstanding 22,093
the creation of the Ohio Works First Program. 22,094
Section 8. The number of months a person received 22,096
transitional Medicaid under section 5111.023 or transitional 22,097
publicly funded child day-care under division (A)(3) of section 22,098
5104.34 of the Revised Code prior to the effective date of this 22,099
act shall be applied to maximum number of months the person may 22,100
receive transitional Medicaid and transitional publicly funded 22,101
child day-care. 22,102
Section 9. The Department of Human Services shall continue 22,104
to operate the federal waiver that former section 5101.09 of the 22,105
Revised Code required the Department to seek so that the 22,106
Department could implement former section 5101.86 of the Revised 22,107
Code. The Department shall continue to operate the federal 22,108
509
waiver in accordance with the terms of the waiver and until the 22,109
waiver expires for the purpose of allowing county departments of 22,110
human services to assign recipients of the Ohio Works Component 22,111
of the Ohio Works First Program to work activities established 22,112
pursuant to division (A)(1) of section 5107.60 of the Revised 22,113
Code.
Section 10. Whenever the Aid to Dependent Children Program 22,115
is referred to in the Ohio Administrative Code, a contract, or 22,116
other document, the reference is hereby deemed to refer to the 22,117
Ohio Works First Program established under Chapter 5107. of the 22,118
Revised Code unless the context of the reference demands that it 22,119
mean the former Aid to Families with Dependent Children Program, 22,120
known in Ohio as Aid to Dependent Children, that the Personal 22,121
Responsibility and Work Opportunity Reconciliation Act of 1996 22,122
(Public Law 104-193) eliminated. 22,123
Section 11. The Department of Human Services may adopt 22,125
rules in accordance with Chapter 119. of the Revised Code 22,126
governing the transition from providing aid under the Aid to 22,127
Dependent Children Program to providing assistance under the Ohio 22,128
Works First Program. 22,129
Section 12. If the evaluation report on the Learnfare 22,131
Program operated for three years in Allen County and one other 22,132
county selected by the Department of Human Services has not been 22,133
completed on or before the effective date of this act, the 22,134
Department shall complete the report according to the schedule 22,135
specified in division (D) of section 5107.18 (5107.32) of the 22,136
Revised Code as that division existed immediately prior to the 22,137
effective date of this act. 22,138
Section 13. Section 5101.323 of the Revised Code, although 22,140
not presented in this act in all capital letters, is revived and 22,141
amended by this act. Section 5 of Am. Sub. S.B. 292 of the 121st 22,143
General Assembly repealed Section 3 of Am. Sub. S.B. 10 of the 22,144
119th General Assembly, which latter section repealed section 22,145
5101.323 of the Revised Code effective October 1, 1996. Section 22,146
510
5 of Am. Sub. S.B. 292, however, did not become effective until 22,147
November 6, 1996, after the repeal of section 5101.323 of the 22,148
Revised Code by Section 3 of Am. Sub. S.B. 10 had taken effect on 22,149
October 1, 1996. While legislative intent to retain section 22,150
5101.323 of the Revised Code is explicit in Section 5 of Am. Sub. 22,151
S.B. 292, efficacy of the legislative intent is uncertain because 22,152
Ohio Constitution, Article II, Section 15(D) states that repealed 22,153
sections may not be revived "unless the new act contains the 22,154
entire act revived," and section 5101.323 is not set forth in its 22,155
entirety in Am. Sub. S.B. 292. This act, in confirmation of the 22,156
legislative intent stated in Section 5 of Am. Sub. S.B. 292, 22,157
revives section 5101.323 of the Revised Code by setting forth the 22,158
section in its entirety for purposes of amendment. 22,159
Section 14. Section 124.26 of the Revised Code is 22,161
presented in this act as a composite of the section as amended by 22,162
both Am. Sub. H.B. 177 and Am. Sub. S.B. 99 of the 121st General 22,163
Assembly, with the new language of neither of the acts shown in 22,165
capital letters. Section 127.16 of the Revised Code is presented 22,166
in this act as a composite of the section as amended by Am. H.B. 22,167
249, Am. Sub. S.B. 99, Am. Sub. S.B. 150, and Am. Sub. S.B. 162 22,168
of the 121st General Assembly, with the new language of none of 22,169
the acts shown in capital letters. Section 2151.011 of the 22,170
Revised Code is presented in this act as a composite of the 22,171
section as amended by Am. Sub. H.B. 124, Sub. H.B. 265, and Sub. 22,172
S.B. 223 of the 121st General Assembly, with the new language of
none of the acts shown in capital letters. Section 2151.421 of 22,173
the Revised Code is presented in this act as a composite of the 22,175
section as amended by Sub. H.B. 274, Am. Sub. S.B. 269, and Sub. 22,176
S.B. 223 of the 121st General Assembly, with the new language of
none of the acts shown in capital letters. Section 2301.03 of 22,177
the Revised Code is presented in this act as a composite of the 22,179
section as amended by both Sub. H.B. 377 and Am. Sub. S.B. 269 of 22,180
the 121st General Assembly, with the new language of neither of 22,182
the acts shown in capital letters. Section 2301.35 of the
511
Revised Code is presented in this act as a composite of the 22,184
section as amended by Sub. H.B. 274, Sub. H.B. 357, and Am. Sub. 22,185
S.B. 292 of the 121st General Assembly, with the new language of
none of the acts shown in capital letters. Section 2921.13 of 22,186
the Revised Code is presented in this act as a composite of the 22,188
section as amended by both Sub. H.B. 644 and Am. Sub. S.B. 269 of 22,189
the 121st General Assembly, with the new language of neither of 22,190
the acts shown in capital letters. Section 4115.04 of the 22,191
Revised Code is presented in this act as a composite of the 22,192
section as amended by both Sub. H.B. 167 and Am. Sub. S.B. 162 of 22,193
the 121st General Assembly, with the new language of neither of 22,195
the acts shown in capital letters. Section 5101.54 of the
Revised Code is presented in this act as a composite of the 22,197
section as amended by both Sub. H.B. 167 and Am. Sub. S.B. 162 of 22,198
the 121st General Assembly, with the new language of neither of 22,200
the acts shown in capital letters. Section 5153.111 of the
Revised Code is presented in this act as a composite of the 22,202
section as amended by both Am. Sub. H.B. 445 and Am. Sub. S.B. 22,203
269 of the 121st General Assembly, with the new language of 22,204
neither of the acts shown in capital letters. Section 5709.64 of 22,205
the Revised Code is presented in this act as a composite of the 22,207
section as amended by both Am. Sub. S.B. 19 of the 120th General 22,208
Assembly and Am. H.B. 249 of the 121st General Assembly, with the 22,209
new language of neither of the acts shown in capital letters. 22,210
Section 5709.66 of the Revised Code is presented in this act as a 22,212
composite of the section as amended by Am. H.B. 249, Am. Sub.
S.B. 188, and Sub. H.B. 167 of the 121st General Assembly, with 22,213
the new language of none of the acts shown in capital letters. 22,214
This is in recognition of the principle stated in division (B) of 22,215
section 1.52 of the Revised Code that such amendments are to be 22,216
harmonized where not substantively irreconcilable and constitutes 22,217
a legislative finding that such is the resulting version in 22,218
effect prior to the effective date of this act. 22,219
Section 15. Section 5101.462 of the Revised Code was 22,221
512
amended by both Sub. H.B. 155 and Am. Sub. H.B. 298 of the 119th 22,222
General Assembly. Comparison of these amendments in pursuance of 22,223
section 1.52 of the Revised Code discloses that while certain of 22,224
the amendments of these acts are reconcilable, certain other of 22,225
the amendments are substantively irreconcilable. Sub. H.B. 155 22,226
was passed on June 25, 1991; Am. Sub. H.B. 298 was passed on July 22,227
11, 1991. Section 5101.462 of the Revised Code is therefore 22,228
presented in this act as it results from Am. Sub. H.B. 298 and 22,229
such of the amendments of Sub. H.B. 155 as are not in conflict 22,230
with the amendments of Am. Sub. H.B. 298. This is in recognition 22,231
of the principles stated in division (B) of section 1.52 of the
Revised Code that amendments are to be harmonized where not 22,232
substantively irreconcilable, and that where amendments are 22,233
substantively irreconcilable, the latest amendment is to prevail. 22,235
This section constitutes a legislative finding that such 22,237
harmonized and reconciled section was the resulting version in
effect prior to the effective date of this act. 22,239
Section 16. Sections 1 to 15 of this act shall take effect 22,241
October 1, 1997. 22,242